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Home My WebLink About2004 11-22 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION November 22, 2004 6:00 P.M. City Council Chambers 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adjourn * Revised CITY COUNCIL MEETING City of Brooklyn Center November 22, 2004 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 Foram will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be 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 informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes — Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. November 3, 2004 — Special Session 2. November 8, 2004 — Study Session 3. November 8, 2004 — Regular Session 4. November 8, 2004 — Work Session b. Licenses C. Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2003 -09, Contract 2003 -1), Lift Station Nos. 3 & 4 Control Cabinets * Revised CITY COUNCIL AGENDA -2- November 22, 2004 d. Resolution Approving Amendment No. 1 to Cooperative Construction Agreement No. 83298 with the State of Minnesota, Department of Transportation for Improvement Project No. 2002 -04, France Avenue Reconstruction e. Resolution Approving Change Order No. 2, Improvement Project Nos. 2004 -01, 02, 03, and 04, Contract 2004 -A, Northport Area Neighborhood Street and Utility Improvements f. Resolution Amending the 2005 Central Garage Budget to Provide for the Early Order /Purchase of One Rotary Type Tractor Mower, Equipment No. 245 8. Planning Commission Item a. Planning Commission Application No. 2004 -013 Submitted by Community Emergency Assistance Program (CEAP). Request for a Special Use Permit to Operate a Group Day Care Facility at 7051 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its November 10, 2004, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2004 -013 subject to the Planning Commission recommendations. 9. Council Consideration Items a. Resolution Authorizing the Consent to Enter Into Homeland Security Equipment Grant Agreement with Hennepin County Emergency Preparedness Division - Requested Council Action: - Motion to adopt resolution. b. Setting December 6, 2004, for a Special Council Meeting Following Initial Truth in Taxation Hearing to Discuss City Manager -Requested Council Action: - Motion to set December 6, 2004, Special Council Meeting following Initial Truth in Taxation Hearing. C. Motion Authorizing City Manager to Execute Brookdale Police Substation Agreement - Requested Council Action: - Motion to authorize City Manager to execute Brookdale Police Substation Agreement. d. Resolution Amending Section 9.4 of the City's Personnel Rules and Regulations by Modifying Benefits for City Retirees -Requested Council Action: - Motion to adopt resolution. * Revised CITY COUNCIL AGENDA -3- November 22, 2004 e. Resolution Adopting the Vantagecare Retirement Health Saving (RHS) Program - Requested Council Action: - Motion to adopt resolution. * f. Resolution Appointing Hearing Examiner - Requested Council Action: - Motion to adopt resolution. 10. Adjournment Public Copy CITY COUNCIL MEETING • City of Brooklyn Center November 22, 2004 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 will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be 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 informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes — Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. November 3, 2004 — Special Session 2. November 8, 2004 — Study Session 3. November 8, 2004 — Regular Session 4. November 8, 2004 — Work Session b. Licenses C. Resolution Approving Change Order No. 1, Accepting Work Performed and • Authorizing Final Payment, Improvement Project No. 2003 -09, Contract 2003 -D, Lift Station Nos. 3 & 4 Control Cabinets • CITY COUNCIL AGENDA -2- November 22, 2004 d. Resolution Approving Amendment No. 1 to Cooperative Construction Agreement No. 83298 with the State of Minnesota, Department of Transportation for Improvement Project No. 2002 -04, France Avenue Reconstruction e. Resolution Approving Change Order No. 2, Improvement Project Nos. 2004 -01, 02, 03, and 04, Contract 2004 -A, Northport Area Neighborhood Street and Utility Improvements f. Resolution Amending the 2005 Central Garage Budget to Provide for the Early Order /Purchase of One Rotary Type Tractor Mower, Equipment No. 245 8. Planning Commission Item a. Planning Commission Application No. 2004 -013 Submitted by Community Emergency Assistance Program (CEAP). Request for a Special Use Permit to Operate a Group Day Care Facility at 7051 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its November 10, 2004, meeting. - Requested Council Action: • - Motion to approve Planning Commission Application No. 2004 -013 subject to the Planning Commission recommendations. 9. Council Consideration Items a. Resolution Authorizing the Consent to Enter Into Homeland Security Equipment Grant Agreement with Hennepin County Emergency Preparedness Division - Requested Council Action: - Motion to adopt resolution. b. Setting December 6, 2004, for a Special Council Meeting Following Initial Truth in Taxation Hearing to Discuss City Manager - Requested Council Action: - Motion to set December 6, 2004, Special Council Meeting following Initial Truth in Taxation Hearing. C. Motion Authorizing City Manager to Execute Brookdale Police Substation Agreement - Requested Council Action: - Motion to authorize City Manager to execute Brookdale Police Substation Agreement. • d. Resolution Amending Section 9.4 of the City's Personnel Rules and Regulations by Modifying Benefits for City Retirees - Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -3- November 22, 2004 e. Resolution Adopting the Vantagecare Retirement Health Saving (RHS) Program - Requested Council Action: - Motion to adopt resolution. 10. Adjournment • • City Council Agenda Item No. 7a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY_ OF HENNEPIN AND THE STATE OF MINNESOTA -_ SPECIAL SESSION NOVEMBER 3, 2004 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Myrna Kragness at 5:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman and Diane Niesen. Councilmember Kathleen Carmody arrived at 5:01 p.m. Councilmember Bob Peppe was absent and unexcused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and City Clerk Sharon Knutson. CANVASS OF NOVEMBER 2, 2004, GENERAL MUNICIPAL ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows: • Office of Citv Council Member Ballot Count Kay Lasman 5,655 Mary O'Connor 5,024 Tom Reynolds 4,207 Charles F. Nichols, Jr. 2,851 Councilmember Lasman inquired if the 77.65% voter turnout for this election was a record for the City. City Clerk Sharon Knutson reviewed voter turnout percentages for the past five Presidential elections, noting that the November 2, 2004, election had the second largest percentage for voter turnout, with the 1988 Presidential election at 79 %. RESOLUTION NO. 2004 -146 Upon completing the election canvass, member Lasman introduced the following resolution and moved its adoption: I RESOLUTION REGARDING CANVASS OF NOVEMBER 2, 2004, GENERAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody, and the motion passed unanimously. 11/03/04 , l - DRAFT ADJOURNMENT There was a motion by Councilmember Niesen and seconded by Councilmember Lasman to adjourn • the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting adjourned at 5:08 p.m. City Clerk Mayor • 11/03/04 -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 STUDY SESSION CITY HALL - COUNCIL CHAMBERS NOVEMBER 8, 2004 CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, Police Chief Scott Bechthold, Planning and Zoning Specialist Ron Warren, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Carmody inquired if there would be an opportunity for public input during agenda pP Y p P g g item 9b, Dispatch Presentations. Council discussed and was in consensus of adding a section to allow for public input as part of that agenda item. Councilmember Carmody asked that the October 25, 2004, Work Session minutes be amended to add Watershed Commissioner before Graydon Boeck's name on page one. Councilmember Carmody questioned why the Lyndale Avenue portion of agenda item 9g, Resolution Accepting Quotation and Awarding Work to Valley -Rich Company, Inc. for Storm Sewer Repairs Along Northway Drive and Lyndale Avenue, was not done with the park. Director of Public Works /City Engineer Todd Blomstrom discussed that the section along Lyndale Avenue running down to the Mississippi River was not done and replacing the storm sewer from the existing catch basin on the east side of Lyndale Avenue is being done as part of this project. Councilmember Lasman inquired about the infrastructure with agenda item 7e, Resolution Amending Improvement Project No. 2004 -14, Contract 2004 -H, Shingle Creek Parkway Street, Storm Drainage, and Utility Improvements, since the City is considering the Smart Growth Project in portions of this area. City Manager Michael McCauley discussed that Summit Drive is unlikely to have complete construction done as part of the Smart Growth Project and that the portion along Shingle Creek Parkway is unlikely to have significant change; however, staff does not want to have deterioration start showing. Mr. McCauley informed that these are judgment decisions; however, he believes they are safe judgments. 11/08/04 -1- DRAFT Councilmember Lasman inquired why not all gas mains would have a rectifier unit as requested in • agenda item 7h, Resolution Authorizing Execution of a Utility Easement with CenterPoint Energy Minnegasco for Installation of Cathodic Protection Equipment within Palmer Lake Park. Mr. Blomstrom discussed that the rate of corrosion for underground pipe materials depends on the type and chemical properties of the surrounding native soil and that not all gas mains are located within areas where corrosive type soils are present. CenterPoint Energy is concerned that segments of the steel gas main along 69th Avenue near Palmer Lake may be located within soils that naturally produce higher rates of corrosion. The proposed cathodic protection equipment would minimize the rate of corrosion for the existing gas pipe. Councilmember Lasman questioned if there had been any arrests with the forgeries in regards to agenda item 8a, Consideration of Renewal Application for a Currency Exchange License Submitted by Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard. Police Chief Scott Bechthold discussed that he was not aware at this time if arrests had been made; however, the Police Department actively investigates forgeries and they do make arrests. Mr. Bechthold informed that he would follow up on that question and report back to the City Manager. Mayor Kragness asked Mr. Bechthold if he would add to the report whether or not the checks that are cashed are employment or personal checks. Mr. Bechthold stated that he would make that a part of the report Councilmember Lasman inquired if the neighborhood advisory group had participated in the meetings with regard to agenda item 10a, Planning Commission Application Nos. 2004 -010, 2004, 011, and 2004 -012. Planning and Zoning Specialist Ron Warren discussed that formal meetings with the neighborhood advisory groups have been discontinued because of the 60 day rule adopted • by the State which does not have sufficient time for another meeting. An agenda was sent to the neighborhood advisory group inviting them to attend the Planning Commission meeting and no one from the neighborhood advisory group spoke at the Planning Commission meeting. MISCELLANEOUS Mr. McCauley informed that he was assembling information for the newly elected Council Member and questioned if the Council would like to hold a Council Orientation at the first Work Session in January. It was the consensus of the Council to have the Council Orientation at the first Work Session in January. Council discussed the request of a membership from the Sister Cities International and was in consensus of not funding a membership at this time. Council discussed the recent materials they had received regarding the AMM Priorities. Councilmember Niesen expressed that she would like to attend or respond with an e -mail regarding the Crystal Airport issues since it could have an impact on the watershed and Twin Lake. Mr. McCauley informed that the City is currently not involved with the Corridor Group along Highway 81 and that he believes that would a project of theirs. Councilmember Niesen expressed that if there is a discussion she would like to have the City Council take part of that discussion. Mayor Kragness suggested that Councilmember Niesen attend the meeting that will be held to ask her questions about • the Crystal Airport issues. 11/08/04 -2- DRAFT • ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:37 p.m. Motion passed unanimously. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WALK A MILE EXCHANGE PROGRAM WITH CITY OF PAYNESVILLE Mr. McCauley informed that if any Council Member would like to go with Mayor Kragness to the City of Paynesville on December 8, 2004, or participate in Paynesville's visit to Brooklyn Center on November 22, 2004, as part of the League of Minnesota Cities Walking a Mile Exchange Program, they are welcome to participate and should let him know if they do plan on participating. SMOKING BAN It was the consensus of the Council to take no further action on discussing smoking bans since Hennepin County adopted an ordinance banning smoking. TYPEWRITER SHOP ACQUISITION ON 57TH AVENUE Mr. McCauley discussed that Community Development Director Brad Hoffman had been in contact • with the Typewriter Shop owner's representative and that the Economic Development Authority will have a resolution before them on November 22, 2004. The purchase price is considered reasonable and would be less costly than pursuing eminent domain. MISCELLANEOUS Councilmember Niesen questioned if there would be a year -end report on crimes being solved by the City's Investigative Department. She expressed that she is concerned about the effectiveness of that department and that she would like to have statistics or a year -end report. Mr. McCauley informed that he believes the Police Department does have some type of results for year -end and that he will report back to the Council. Councilmember Niesen informed that she would like to have a copy of the Joslyn Sediment Report; and inquired if the watersheds had discussed this report. Mr. Blomstrom discussed that the watersheds had not started discussions regarding the report. Councilmember Niesen questioned the dates for the City Manager's evaluation. Mr. McCauley informed that there would be an item on the November 22, 2004, Work Session agenda to set dates for that. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study • Session at 6:44 p.m. Motion passed unanimously. City Clerk Mayor 11/08/04 -3- DRAFT i I 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 NOVEMBER 8, 2004 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM I The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Police Chief Scott Bechthold, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • 2. INVOCATION A moment of silence was offered for the Invocation before the Economic Development Authority meeting. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:11 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Police Chief Scott Bechthold, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE I The Pledge of Allegiance was recited. • 11/08/04 -1- DRAFT 6. COUNCIL REPORT i Councilmember Carmody reported that on November 4, 2004, she attended a Watershed Commission meeting, a tour of the Hennepin County Dispatch Facility, and the Neighborhood Watch Captains Recognition Ceremony. Councilmember Lasman expressed thanks to those who voted on November 2, 2004, and thanks to those who voted for her; and reported that she toured the Hennepin County Dispatch Facility on November 4, 2004. She informed that the new Hennepin County Library has many resources available and encouraged citizens to take advantage of those resources. Councilmember Niesen wished to express congratulations to Councilmember Lasman on her reelection and to Mary O'Connor for her win on being elected as a Council Member. Mayor Kragness reported that she attended the Neighborhood Watch Captains Recognition Ceremony on November 4, 2004, and the retirement event for Police Officer Darrell Kortan on November 5, 2004. She expressed thanks to Officer Darrell Kortan for his 30 years as a Brooklyn Center Police Officer. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Councilmember Niesen requested that Consent Agenda items 7c, • 7d, 7g, and 7d, be removed and placed on Council Consideration Agenda as items 1 If, l 1g, l lh, and 11 i. Councilmembers Lasman and Carmody amended their motions to approve that request. Motion passed unanimously. 7a. APPROVAL OF MINUTES i A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the October 25, 2004, study, regular, and work session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Avenue North Cutting Edge Pet Care Inc. 4900 France Avenue North Gentle Touch Animal Sanctuary 4900 France Avenue North Pandora's Box Veterinary Clinic 4902 France Avenue North 11/08/04 -2- DRAFT • MOTOR VEHICLE DEALERSHIP Brooklyn Center Motors, LLC 6800 Brooklyn Boulevard 7c. RESOLUTION ESTABLISHING 2005 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES This item was removed to Council Consideration item l If 7d. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2005 This item was removed to Council Consideration item 11 g. 7e. RESOLUTION AMENDING IMPROVEMENT PROJECT NO. 2004 -14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004 -147 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING IMPROVEMENT PROJECT NO. 2004 -14, CONTRACT 2004 -H, • SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE TRACTOR/BACKHOE RESOLUTION NO. 2004 -148 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE TRACTOR/BACKHOE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11/08/04 -3- DRAFT i I 7g. RESOLUTION ACCEPTING QUOTATION AND AWARDING WORK TO • VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE This item was removed to Council Consideration item 1 lh. 7h. RESOLUTION AUTHORIZING EXECUTION OF A UTILITY EASEMENT WITH CENTERPOINT ENERGY ME* NEGASCO FOR INSTALLATION OF CATHODIC PROTECTION EQUIPMENT WITHIN PALMER LAKE PARK This item was removed to Council Consideration item 11 i. 8. PUBLIC HEARING ITEM 8a. CONSIDERATION OF RENEWAL APPLICATION FOR A CURRENCY EXCHANGE LICENSE SUBMITTED BY COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD - RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA City Manager Michael McCauley discussed that the City is required by State Law to conduct a public • hearing to render a decision regarding the issuance or denial of a currency exchange renewal for Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Mary O'Connor, 5429 Lyndale Avenue North, addressed the Council to inquire about this currency exchange license. Councilmember Carmody discussed this is a check cashing operation; and Mayor Kragness added that this is an annual renewal. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2004-149 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA • 11/08/04 -4- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9• PRESENTATION ITEMS 9a. BOND SALE RESOLUTIONS - RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004C AND PROVIDING FOR THEIR ISSUANCE - RESOLUTION ACCEPTING OFFER ON SALE OF $17,245,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2004D, PLEDGING TAX INCREMENTS FOR THE SECURITY THEREOF AND AUTHORIZING A PLEDGE AGREEMENT Mr. McCauley discussed that the bond sale resolution for the sale of $1,010,000 would be used to finance the special assessments where homeowners pay their assessments over time and the bond sale of $17,245,000 would help with Tax Increment Financing District No. 3. Alan Erickson, Executive Vice President for Springsted, Inc., addressed the Council to discuss the bids received and informed that the lowest bidders for the bond sales were as follows: General Obligation Improvement Bonds. Series 2004C • UMB Bank, N.A. with a true interested rate of 3.4156 percent Taxable General Obligation Tax Increment Bonds. Series 2004D Morgan Keegan and Company, Inc. with a true interest rate of 4.9912 percent Mr. Erickson informed that these rates were less than what they predicted and are reasonable for adoption. RESOLUTION NO. 2004 -150 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004C AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2004 -151 Councilmember Carmody introduced the following resolution and moved its adoption: ' • 11/08/04 0 -5- DRAFT RESOLUTION ACCEPTING OFFER ON SALE OF $17,245,000 TAXABLE GENERAL • OBLIGATION TAX INCREMENT BONDS, SERIES 2004D, PLEDGING TAX INCREMENTS FOR THE SECURITY THEREOF AND AUTHORIZING A PLEDGE AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. DISPATCH PRESENTATIONS 1. DISPATCH PRESENTATION AND QUESTIONS: CITIES OF MINNEAPOLIS AND ST. LOUIS PARK A. CITY OF ST. LOUIS PARK A. PRESENTATION BY ST. LOUIS PARK STAFF B. CITY COUNCIL QUESTIONS B. CITY OF MINNEAPOLIS A. PRESENTATION BY MINNEAPOLIS STAFF B. CITY COUNCIL QUESTIONS 2 RESOLUTION ALTERNATES FOR HENNEPIN COUNTY OFFER TO PROVIDE DISPATCH SERVICES A. BROOKLYN CENTER STAFF PRESENTATION B. HENNEPIN COUNTY SHERIFF'S DEPARTMENT A. PRESENTATION • B. CITY COUNCIL QUESTIONS C. CITY COUNCIL DISCUSSION OF HENNEPIN COUNTY OFFER TO PROVIDE DISPATCH D. MOTION TO ADOPT RESOLUTION A. RESOLUTION ACCEPTING HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH SERVICES OR B. RESOLUTION DECLINING TO ACCEPT HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH SERVICES TO THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that the cities of St. Louis Park and Minneapolis had been invited to make presentations to the City Council regarding their proposals for dispatch services. Both cities had representatives present to outline their proposals. • 11/08/04 -6- DRAFT • City of St. Louis Park City Manager Tom Harmening addressed the Council to outline the City of St. Louis Park's proposal of dispatch services and to discuss the approximate operating and start up costs. He informed that the estimated time to undertake the necessary transition to allow dispatch services with the City of St. Louis Park would be approximately one year. Mr. Harmening discussed that he believes the City of St. Louis Park provides a high quality of service and would be able to provide the same for the City of Brooklyn Center; and that the City of St. Louis Park is open to discussion about all the related issues of partnering with them for dispatch services. City of St. Louis Park Police Chief John Luse addressed the Council to outline their current dispatching services and expressed that he believes their dispatching services would be the right size to be adaptive and meet the needs for the City of Brooklyn Center. Council discussed policy issues, protocols, and the ratio of dispatchers to citizens. City of Minneapolis Emergency Communications Department Director John Dejung addressed the Council to outline the City of Minneapolis' proposal of dispatch services and discuss that the City of Minneapolis is looking for a new CAD system. There are many details that will need to be worked out in order to figure how to manage dispatch operations. Mr. Dejung discussed their two -stage system and informed that the Minneapolis City Council had received an offer from Hennepin County to provide dispatch services and that at this time they have not responded to the offer. He informed that the City Council will be considering Hennepin County's offer and that they will be responding to their request. Council discussed the use of the non - emergency calls, the ratio of dispatchers to • citizens, and the issue of similar street names. City of Brooklyn Center Police Chief Scott Bechthold outlined an updated PowerPoint presentation that included emergency and non - emergency dispatch protocols, differences between Brooklyn Center and Hennepin County peak periods, computer -aided dispatch and records management system descriptions, and a list of Hennepin County cities that participate in police and fire dispatch services with Hennepin County. City of Brooklyn Center Fire Chief Ron Boman outlined Brooklyn Center and Hennepin County fire P tY dispatch operations and informed that he believes the City of Brooklyn Center is not getting what they need for dispatching services and needs to look elsewhere for dispatch services. Councilmember Peppe questioned how many people would need to be employed to accomplish the duties of the Community Service Officers (CSO) and what is currently employed now. Mr. Bechthold discussed that they had estimated four full -time and two part-time CSO would need to be established and that currently the City has six dispatchers and one supervisor. Councilmember Peppe questioned if the intent would be to continue those people in their functions. Mr. Bechthold discussed that they would offer the job to them first. i 0 11/08/44 -7- DRAFT i I Councilmember Peppe questioned if the remaining $343,000 that the City currently pays is for the • additional operating costs of the monitoring for the dispatch center; and if the cost savings for the capital are met with the 800 MHz. Mr. McCauley discussed that the CSO pay would be at a lower rate than a dispatcher and there would be no dispatch supervisor; and that there are two sets of capital costs. One set relates to the City's equipment in the squads and that cost remains under any proposal. The other portion is to take the City's dispatching console equipment and ability to transmit and bring that up to the 800 MHz. Councilmember Carmody questioned if there would be any capital costs associated with Hennepin County needing to interface with their computer -aided dispatch system and the City's record management. Mr. McCauley discussed that LOGIS will need to set up the same data protocol ability with the new vendor that Hennepin County will be migrating to and those LOGIS cities participating will have some costs associated. Hennepin County Captain Rick Mulek addressed the Council to outline a PowerPoint presentation that included an overview of Hennepin County's Sheriff communications, staffing, dispatching, computer aided dispatching, user involvement, and new computer aided dispatch; and discussed the User Advisory Board and the Standard Operating Procedures used by Hennepin County. He informed that their new CAD System is in development and will be going before the County Commissioners for final approval. They hope to have it implemented sometime in 2006. Councilmember Niesen questioned why some cities only have police and some only have fire with Hennepin County. Mr. Mulek discussed that not every city has a fire department and that there are cities that have Police Departments covering several different cities for police protection. Councilmember Niesen questioned employee turnover rate and ratio of experienced and new dispatchers. Mr. Mulek discussed that it varies and that with 43 employees they do have turnovers. There are people that have been there for 15 plus years and people who have left after a couple of years.. He estimated that about 75 percent or more are experienced with two to three years of experience. Councilmember Niesen questioned if the LOGIS component will help or hurt the City and if the City would be converting to the new component. Mr. Mulek discussed that he does not believe it will degrade anything and that there will be some finances involved. Hennepin County and each individual city will have some finances incurred with LOGIS to hookup the software that will work with Hennepin County. Mr. McCauley discussed that at some point in time with the next iteration of computer aided dispatch the City would compare whatever Hennepin County was using and what LOGIS is looking at. In the five to ten year window, the City would probably stay with LOGIS since there is a substantial investment. Councilmember Niesen questioned how Hennepin County deals with complaints. Mr. Mulek discussed that people can call directly to the Sergeant or the Operations Lieutenant. Generally they do not get a lot of complaints; however, if there are concerns they can talk to them directly or the Internal Fairs Division. 11/08/04 - - • 08/ 4 8 DRAFT i • Councilmember Niesen questioned if there would a formal agreement of understanding if Brooklyn Center joins with Hennepin County. Mr. Mulek discussed that a member of the Brooklyn Center Police Department will be able to sit on the User Advisory Board and be able to discuss issues, protocols, etc. Councilmember Lasman informed that she was not aware of the possibility of the City of Minneapolis coming aboard with Hennepin County and expressed she believes that would be a huge change of what the City of Brooklyn Center has been contemplating. She inquired if there were any other cities that were considering coming on board and how the current facility would be accommodating more cities. Mr. Mulek informed that Hennepin County would not necessarily need to purchase new equipment; however, if the City of Minneapolis comes on board, they will most likely be building a new building to accommodate the workload. Mr. Mulek informed that they are already in the progress of looking at building a new building and this expense is being considered in the capital budget for construction in 2006. Councilmember Lasman inquired if the offer the City of Brooklyn Center had been presented would continue to be the same if the City of Minneapolis came aboard with Hennepin County. Mr. Mulek informed that to his knowledge that is correct and that the City of Minneapolis had been offered the same as the City of Brooklyn Center. Councilmember Lasman informed that she had contacted participating cities and some citizens that had used Hennepin County for dispatch services and found the level of service that Hennepin County • had been offering was excellent; however, there were staff that had concerns about not being heard with issues they felt were important. Mr. Mulek informed that he was not aware of any issues raised by staff and that the concerns that staff had would need to be considered on a basis of the concern. He discussed that concerns could be discussed and that the Sheriff would have the final say. Councilmember Carmody inquired what the timeframe would be for the City of Brooklyn Center to come aboard with Hennepin County. Mr. Mulek informed that he believes the switch would take approximately one year. The Council took a recess at 9:04 p.m. and reconvened at 9:09 p.m. Councilmember Peppe informed that has heard enough to believe the City of Brooklyn Center should accept the offer from Hennepin County and expressed thanks to the City of Minneapolis and the City of St. Louis Park for their time and effort in this process. Ms. O'Connor addressed the Council to ask how there would be no charge to the City of Brooklyn Center if a new building was built; and why the current dispatch centers are not feasible. Mr. McCauley discussed that the cost of a new building would be the responsibility of Hennepin County and would be paid by all Hennepin County taxpayers. Mayor Kragness informed that many of the current dispatch centers do not have the technology to keep up with all the changes in technology. Councilmember Carmody added that if Hennepin County uses funds from their Capital • Improvements Fund there may not be any tax increases. 11/08/04 -9- DRAFT Councilmember Niesen expressed that she is willing to support Hennepin County's offer based on the costs and resources provided. Councilmember Carmody discussed that she had a concern about the level of service that would be provided; however, after touring the Hennepin County facility, those concerns were addressed. Councilmember Lasman expressed that she would be in favor of accepting Hennepin County's offer based on the quality of service, timing, and costs. Mayor Kragness expressed that she agrees with all Council Members and believes the staffing and technology needs will be met for Brooklyn Center. RESOLUTION NO. 2004-152 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS • 10a. PLANNING COMMISSION APPLICATION NOS. 2004-010,2004-011, AND 2004 -012 SUBMITTED BY ATS & R, INC. - REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE THE WILLOW LANE EARLY CHILDHOOD CENTER PROPERTY, WILLOW LANE PARK PROPERTY. AND TWO VACANT MULTI - RESIDENTIALLY ZONED PROPERTIES AT THE SOUTHWEST CORNER OF 71 AVENUE NORTH AND BROOKLYN BOULEVARD INTO THREE NEW PARCELS OF LAND. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 28, 2004, MEETING. - REQUEST FOR REZONING FROM R-1 (ONE FAMILY RESIDENCE), R -2 (TWO FAMILY RESIDENCE), AND R -4 (MULTIPLE FAMILY RESIDENCE) TO C -1 (SERVICE /OFFICE) OF A 3.63 ACRE PARCEL OF LAND TO BE CREATED UNDER PLANNING COMMISSION APPLICATION NO. 2004 -010. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 28, 2004, MEETING. • 11/08/04 -10- DRAFT • 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004 -011 SUBMITTED BY ATS & R, INC. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 71 AVENUE NORTH AND BROOKLYN BOULEVARD) - REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT FOR A THREE STORY, 48,600 SQ. FT. SERVICE /OFFICE BUILDING TO HOUSE THE OSSEO SCHOOL DISTRICT'S ADULT EDUCATION PROGRAM AND A NON - PROFIT SERVICE GROUP USE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 28, 2004, MEETING. Mr. McCauley discussed that the Planning Commission received, reviewed, and is recommending approval of Planning Commission Application Nos. 2004 -010, 2004 -011, and 2004 -012 submitted by ATS & R, Inc. on behalf of Osseo Area Schools (ISD 279) requesting for preliminary plat approval, rezoning, site and building plan approval, and a special use permit. The preliminary plat comprehends the dividing and combining of the old Willow Lane School property, Willow Lane Park property, and two vacant multi residential zoned parcels of land into three new parcels of land. • The rezoning comprehends rezoning of a 3.63 acre parcel of land proposed to be created under Application No. 2004 -010. The site and building plan approval and special use permit comprehends a 48,600 square foot, three story, two staged service /office building for an adult education use on the above mentioned 3.63 acre site proposed to be rezoned to C -1 under Planning Commission Application No. 2004 -011. Councilmember Niesen asked if the neighbors in the area were favorable and if the recommendation from the Park and Recreation Commission for soccer fields was believed to be a good addition for the area. Mr. Warren informed that he believes from the meetings held that the neighbors were favorable; and Director of Public Works /City Engineer Todd Blomstrom added that he believes the soccer fields will be a good addition. Councilmember Niesen inquired how much tax money would be lost. Mr. Warren discussed that tax values are not generally an issue the Planning Commission discusses with rezoning of parcels. Councilmember Carmody asked for clarification on the shared entrance. Mr. Warren discussed that the School District and the owner of the apartment complex will close the north access of the apartment complex. Councilmember Niesen inquired if that would be an impact on the parking lot. Mr. Warren discussed that there would be little impact and that there has always been arrangements to use the facilities. • 11/08/04 -11- DRAFT i I I RESOLUTION NO. 2004-153 • Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004-011 SUBMITTED BY ATS & R, INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on December 13, 2004. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application Nos. 2004 -010 and 012 subject to the following Planning Commission recommendations. Motion passed unanimously. i 11. COUNCIL CONSIDERATION ITEMS Ila. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE Mr. McCauley discussed that this ordinance amendment would amend Chapter 3 of the City • Ordinances to reflect the new mechanical code being adopted by the State. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on December 13, 2004. Motion passed unanimously. l lb. RESOLUTION SUPPORTING AN IMPROVED LEVEL OF RIGHT OF WAY MAINTENANCE BY MN/DOT IN THE TWIN CITIES METROPOLITAN AREA i Mr. McCauley discussed that the City of Fridley had circulated a resolution asking for support on improved level of right of way maintenance by the Minnesota Department of Transportation. If the Council were interested in joining the City of Fridley's effort to raise the issue of highway maintenance, a resolution had been prepared for adoption. Councilmember Carmody questioned many uestioned how cities had been included in the circulation. Mr. McCauley discussed that he was not aware of how many cities had received the circulation; however, he had heard three cities have joined in the support. I I • 11/08/04 -12- DRAFT I i • Councilmember Niesen expressed that she believes this would be a good idea and would be comfortable adopting a resolution; however, she would prefer to have the prepared resolution to indicate appropriate mowing, instead of weekly mowing. RESOLUTION NO. 2004-154 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING AN IMPROVED LEVEL OF RIGHT OF WAY MAINTENANCE BY MN/DOT IN THE TWIN CITIES METROPOLITAN AREA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11C. 2005 PUBLIC UTILITY AND SERVICE CHARGE RATE STUDY - RESOLUTION ADOPTING 2005 SEWER UTILITY RATES, FEES, AND CHARGES - RESOLUTION ADOPTING 2005 WATER UTILITY RATES, FEES, AND CHARGES - RESOLUTION ADOPTING 2005 STREET LIGHT RATES AND CHARGES - RESOLUTION ADOPTING 2005 RECYCLING RATES AND CHARGES • Mr. McCauley discussed that the Council annually reviews utility rates and charges and that the proposed rates had been prepared from the outcome of the October 4, 2004, joint budget Work Session with the Financial Commission. Water and sanitary sewer rates are proposed to increase 2.8 percent, street light rates 3.0 percent, and the recycling fee is proposed to increase $0.20 or approximately 9.3 percent. RESOLUTION NO. 2004 -155 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 SEWER UTILITY RATES, FEES, AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-156 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 WATER UTILITY RATES, FEES, AND CHARGES 11/08/04 -13- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -157 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 STREET LIGHT RATES AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -158 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2005 RECYCLING RATES AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11d. RESOLUTION APPOINTING INDEPENDENT FINANCIAL ADVISOR • Mr. McCauley discussed that the City Council Policy requires Requests for Proposals (RFP) at no more than six -year intervals for independent financial advisor services. Three firms submitted proposals and Financial Commissioners Timothy Elftmann and Susan Shogren Smith, City Council Members Kathleen Carmody and Diane Niesen, and Mr. McCauley and Fiscal and Support Services Director Dan Jordet reviewed and interviewed the three firms. Springsted, Inc. was recommended to be appointed as the City's independent financial advisor for a six -year period beginning in 2005. RESOLUTION NO. 2004 -159 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING INDEPENDENT FINANCIAL ADVISOR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. i 11e. RESOLUTION COMMENDING ELECTION PERSONNEL ON ADMINISTERING THE NOVEMBER 2, 2004, GENERAL ELECTION Mr. McCauley discussed that this resolution was prepared to commend the election personnel on their commitment and dedication in administering he 2004 General Election and to express g • appreciation for the manner in which the election process was conducted. 11/08/04 -14- DRAFT I • RESOLUTION NO. 2004-160 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION COMMENDING ELECTION PERSONNEL ON ADMINISTERING THE NOVEMBER 2, 2004, GENERAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11L RESOLUTION ESTABLISHING 2005 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Councilmember Niesen had request this item be removed from the Consent Agenda for clarification on the value of 40 percent (specific portion) used to establish the street and storm drainage assessment rates for 2005. Mr. McCauley discussed that the 40 percent brings the City to the target the Council has had for homeowner contributions to street projects. With increasing street reconstruction costs, it is necessary to have assessments keep pace with those increased costs to avoid falling behind on the ability to fund project. RESOLUTION NO. 2004 -161 • Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2005 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11g. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2005 Councilmember Niesen had requested this item be removed from the Consent Agenda to express her concern about the increasing rates for special assessments and to question how the interest rates are set. Mr. McCauley discussed that the City Council Policy requires interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes. That policy results in an interest rate equal to the latest bond issue plus two percent. RESOLUTION NO. 2004 -162 Councilmember Niesen introduced the following resolution and moved its adoption: • 11/08/04 -15- DRAFT RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2005 • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11h. RESOLUTION ACCEPTING QUOTATION AND AWARDING WORK TO VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE Councilmember Niesen had requested this item be removed from the Consent Agenda to express her concern with only one quotation considered for the project. Mr. McCauley discussed that quotations under $50,000 are similar to RFP. Mr. Blomstrom added that the smaller projects are harder to get contractors to submit quotations and that Valley -Rich Company, Inc. specializes in this type of work. RESOLUTION NO. 2004 -163 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AWARDING WORK TO VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Carmody. Motion assed unanimously. P l li. RESOLUTION AUTHORIZING EXECUTION OF A UTILITY EASEMENT WITH CENTERPOINT ENERGY MINNEGASCO FOR INSTALLATION OF CATHODIC PROTECTION EQUIPMENT WITHIN PALMER LAKE PARK Councilmember ie e r e t question if Ni s n had requested this item be removed from the Consent Agenda o u s i q g q providing an easement is a common thing and if any trees will be removed as part of this project. Mr. McCauley discussed that it is common for the City to provide easements and in this case the easement allows CenterPoint Energy Minnegasco to put protective equipment were needed. Mr. Blomstrom informed that it was indicated no trees would be removed as part of this installation. RESOLUTION NO. 2004 -164 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A UTILITY EASEMENT WITH CENTERPOINT ENERGY MINNEGASCO FOR INSTALLATION OF CATHODIC PROTECTION EQUIPMENT WITHIN PALMER LAKE PARK e 11/08/04 -16- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 10:00 p.m. Motion passed unanimously. City Clerk Mayor 11/08/04 -17- 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 CITY COUNCIL WORK SESSION NOVEMBER 8, 2004 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna Kragness at 8:21 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. Note: All items were discussed at the Study Session. • WALK A MILE EXCHANGE PROGRAM WITH CITY OF PAYNESVILLE SMOKING BAN TYPEWRITER SHOP ACQUISITION ON 57TH AVENUE MISCELLANEOUS r 11/08/04 -1- DRAFT City Council Agenda Item No. 7b 41 City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy Cit Clerk DATE: November 17, 2004 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on November 22, 2004, are as follows: CHRISTMAS TREE SALES PQT Company 5040 Brooklyn Blvd. and 3245 Bass Lake Road MECHANICAL McQuillan Brothers Plumbing/Heating 688 Hague Ave, St. Paul R & S Heating and Air 12600 Creek View Avenue, Savage RENTAL Renewal: Brookside Manor - Anda Construction 26 Disturbing Peace, 1 Assault, 1 Burglary,1 Fire, 2 Obstructing Justice 52162 nd Avenue North - Curtis & Cheryl Hawkins • 6718 Colfax Avenue North - Kenneth Fountain 5233 Drew Avenue North - James & Joan Bagwell 3319 Mumford Road - William Coleman 5400 Sailor Lane - Duane Christiansen 0 Calls Initial: 5500 Bryant Avenue North - Jean -Marie Akayezu 2 Disturbing Peace, 2 Assaults, 1 Arson 6713 Colfax Avenue North - Erick Stewart 5920 Ewing Avenue North - Carl & Wendy Linder 6823 Fremont Place North - Carol Carter 6300 France Avenue North - Wade Klick 6920 Lee Avenue North - Ronald & Julie Stenscie 0 Calls 5900 Pearson Drive - Mary Tjosvold 1 Disturbing Peace 6725 Scott Avenue North - Dento Shuaibu 0 Calls 7230 West River Road - Jean -Marie Akayezu 1 Disturbing Peace 7250 West River Road - Jean -Marie Akayezu 0 Calls TOBACCO RELATED PRODUCT Tobacco Warehouse Inc. 6014 Shingle Creek Parkway 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.cityolbrooklyncenter.org City Council Agenda Item No. 7c MEMORANDUM TBROCOKLYN TER DATE: November 15, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2003 -09, Contract 2003 - D, Lift Station Nos. 3 & 4 Control Cabinets On June 23, 2003, the City Council awarded Contract 2003 -D to Simon Electric Construction Company, Inc. of New Richmond, Wisconsin for the construction of the Lift Station Nos. 3 & 4 Control Cabinets Improvement project. Simon Electric has completed the construction work and is now requesting final payment for the project. The original contract amount was $57,970.00. Engineering division staff negotiated a change order with the contractor during construction to provide a new electrical feed to Lift Station No. 4 and a minor upgrade for the uninterrupted power supply unit for both lift stations. The power supply to Lift Station No. 4 consisted of older power cable that could not be properly spliced in the field. The total change order amount is $3,052.00, which is less than the 10 percent contingency amount reserved for the project as part of Resolution No. 2003 -98. The Contractor has provided an executed copy of Change Order No. 1 and other necessary documentation to allow final payment for the project. Attached is a City Council resolution approving Change Order No. 1, accepting the work performed and authorizing final payment in the amount of $61,022.00 for Contract 2003 -D, Lift Station Nos. 3 & 4 Control Cabinets. I i • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2003 -09, CONTRACT 2003 -D, LIFT STATION NOS. 3 & 4 CONTROL CABINETS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota Simon Electric Construction Company, Inc. of New Richmond, Wisconsin has completed the following improvement in accordance with said contract: Improvement Project No. 2003 -09, Contract 2003 -D, Lift Station Nos. 3 & 4 Control Cabinets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $61,022.00. 2. The project costs shall be charged to the Sanitary Sewer Utility 49251 -6409 . pursuant to the 2003 Budget. 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. 7d rBR�00 MEMORANDUM VTER DATE: November 15, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works —1-017 SUBJECT: Resolution Approving Amendment No. 1 to Cooperative Construction Agreement No. 83298 with the State of Minnesota, Department of Transportation for Improvement Project No. 2002 -04, France Avenue Relocation Project In July 2002, the City of Brooklyn Center entered into Cooperative Construction Agreement No. 83298 with the State of Minnesota, Department of Transportation (Mn/DOT) for the relocation of France Avenue North. The agreement established the terms for cost participation from Mn/DOT to provide for the construction of 50 Avenue west of France Avenue, Azelia Avenue north of Lakebreeze Avenue and Drew Avenue between 47` and 48 Avenues. During the design, land acquisition and construction phases of the project, the City incurred unanticipated project expenses that were not specifically covered in the original cooperative construction agreement. The proposed Amendment No. 1 would allow Mn/DOT to compensate the . City for these project expenses. Below is a brief summary of the items. Further detail is provided in the attached amendment document. 1. Environmental Compliance Work Under the terms of the condemnation settlement agreement, property owners were compensated for easements and environmental compliance work required to allow for construction of the northern portion of Azelia Avenue. The cost of this environmental compliance work was $246,305.29. 2. Installation of Street Lights Four streetlights were installed along 50 Avenue and Azelia Avenue during construction. The City incurred a cost of $15,200.00 to install streetlights along these streets. 3. Wetland Permit Appeal The original agreement required the City to obtain permits for the project without cost or expense to the State. Under the terms of the amendment, Mn/DOT would reimburse the City for the cost of wetland permit appeals that were filed after the Shingle Creek Watershed Management Commission issued initial permit approval. The City incurred a cost of $37,431.59 in technical, administrative and legal expenses during the wetland appeal process. The attached City Council resolution would authorize the Mayor and City Manager to execute . Amendment No. 1 to the original Cooperative Construction Agreement. Mn/DOT representatives have indicated that the State will proceed with final reimbursement for the project upon acceptance of Amendment No. 1 by both parties. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING AMENDMENT NO. 1 TO COOPERATIVE CONSTRUCTION AGREEMENT NO. 83298 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORATION FOR IMPROVEMENT PROJECT NO. 2002- 04, FRANCE AVENUE RECONSTRUCTION WHEREAS, pursuant to City Council resolution 2002 -57, the City of Brooklyn Center entered into Cooperative Construction Agreement No. 83298 with the State of Minnesota, Department of Transportation (Mn/DOT) for Improvement Project No. 2002 -04, France Avenue Reconstruction; and WHEREAS, the City incurred project expenses during the land acquisition, design and construction phases of the project that were not specifically addressed in said Agreement; and WHEREAS, the City Council desires to execute Amendment No. 1 to provide for payment by the State to the City of the State's share of the costs of a wetland permit appeal, contaminated soil remediation and lighting construction to be performed upon, along and adjacent to Azelia Avenue North from Lakebreeze Avenue to France Avenue North; and upon, along and adjacent to Drew Avenue North from 47" Avenue to 48' Avenue; and upon, along and adjacent to France Avenue North from 482.90 feet south of 50Y' Avenue North to 360.56 feet south of 50` Avenue North located adjacent to Trunk Highway • No. 100 within the corporate City limits under State Project No. 2755 -77. - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized to execute Amendment No. 1 of Mn/DOT Agreement No. 83298 with the State of Minnesota, Department of Transportation. 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. • S PRE- LETTING STATE OF MINNESOTA AMENDMENT TO SERVICES DEPARTMENT OF TRANSPORTATION Mn /DOT SECTION COOPERATIVE CONSTRUCTION AGREEMENT NO. AGREEMENT 83298 AMENDMENT NO. 1 S.P. 2755 -77 (T.H. 100 =212) City Project No. 2002 -04 State Funds The State of Minnesota Department of Transportation, and AMENDMENT AMOUNT The City of Brooklyn Center ENCUMBERED Re: State cost roadway, storm sewer, $0.00 sanitary sewer, and watermain design, construction, and right -of -way purchase by the City on Azelia Avenue located adjacent to T.H. 100 THIS AGREEMENT AMENDMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Brooklyn Center, Minnesota, acting by and through its City Council, hereinafter referred to as the "City ". i 1 • 83298 -1 WHEREAS, the State and the City did enter into Agreement No. 83298 dated July 19, 2002 providing for payment by the State to the City of the State's share of the cost of right -of -way acquisition, design and geo- technical engineering services and the cost of grading, bituminous paving, concrete curb and gutter, storm sewer, sanitary sewer, and water main construction and other associated construction to be performed upon, along and adjacent to Azelia Avenue North from Lake Breeze Avenue to France Avenue North and upon,.along and adjacent to Drew Avenue North from 47th Avenue to 48th Avenue and upon,.along and adjacent to France Avenue North from 482.90 feet south -of 50th Avenue North to 360.56 feet south of 50th Avenue North located adjacent to,Trunk Highway No. 100 within the corporate -City limits under State Project No. 2755 -77 (T.H. 100 =212); and WHEREAS, after Agreement No. 83298 was fully executed, (1) contaminated soil was identified within the project right -of -way and to -avoid delaying the project, the City requested and the State agreed that remediation work would.be performed under a separate contract, (2) the City incurred unforeseen costs caused by an appeal to a wetland permit needed to complete the project, and (3) existing street lighting was removed and installed at Azelia Avenue North and .50th Avenue North as part of the France Avenue North closure in accordance with Supplemental Agreement No. 5 to the construction contract; and WHEREAS the State and the City g desire that Agreement No. 83298 be amended so that the Agreement reflects that the State is willing to participate in the cost of (1) the contaminated soil remediation in a lump sum amount equal to $246,305.29, (2) the wetland permit appeal in a lump sum amount equal to $37,431.59, and (3) the street lighting installation in a lump sum amount equal to $15,200.00. 2 83298 -1 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: I ARTICLE I, SECTION H., PARAGRAPH 1 OF AGREEMENT NO. 83298 DATED JULY 19, 2002, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS: The City shall obtain all rights -of -way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. As provided in Article II, Section D. of this Agreement, the State shall reimburse the City for its share of the rights -of -way acquired by the City, however, the City shall retain ownership of all parcels for such acquired rights -of -way. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights -of -way and easements, and certified copies of those construction permits and other permits and sanctions required for State cost participation construction covered under this Agreement. II ARTICLE II, SECTION B. OF AGREEMENT NO. 83298 DATED'JULY 19, 2002, IS HEREBY AMENDED AND MODIFIED TO INCLUDE THE FOLLOWING: 2. 100 Percent shall be the State's rate of cost participation in the contaminated soil remediation performed within project right -of -way. The State's share shall be shown in the Revised SCHEDULE "I" as a lump sum amount equal to $246,305.29. 3. 100 Percent shall be the State's rate of cost participation in the street lighting removal and installation performed at Azelia Avenue North and 50th Avenue North in accordance with 3 Y 83298 -1 Supplemental Agreement No. 5 to the construction contract. The State's share shall be shown in the Revised SCHEDULE "I" as a lump sum amount equal to $15,200.00. 4. 100 Percent shall be the State's rate of cost participation in wetland permits appeal. The State's share shall be shown in the Revised SCHEDULE "I" as a lump sum amount equal to $37,431.59. III ARTICLE II, SECTION E. OF AGREEMENT NO. 83298 DATED JULY 19, 2002, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS: Section E. Construction Engineering Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under Article II, Section B., Paragraph 1 of this Agreement. IV THE REVISED SCHEDULE "I" DATED AUGUST 21, 2002, FOR AGREEMENT NO. 83298 HAS BEEN AMENDED TO REFLECT THE ABOVE COST PARTICIPATION CHANGES AND IS ATTACHED. V ARTICLE IV, SECTION B. OF AGREEMENT NO. 83298 DATED JULY 19, 2002, IS HEREBY AMENDED AND MODIFIED TO INCLUDE THE FOLLOWING PARAGRAPH: Upon satisfactory completion of the lighting system construction to be P erformed within the corporate City limits under the construction 4 83298 -1 contract, the City shall provide for the proper maintenance of and keep in repair that system, without cost or expense to the State,. The City shall also provide the necessary electrical energy for its operation, without cost or expense to the State. VI EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS SET FORTH IN AGREEMENT NO. 83298 DATED JULY 19, 2002, SHALL REMAIN IN FULL FORCE AND EFFECT. VII BEFORE THIS AGREEMENT AMENDMENT BECOMES BINDING AND EFFECTIVE, IT SHALL BE APPROVED BY A CITY COUNCIL RESOLUTION AND EXECUTED BY SUCH ® STATE AND CITY OFFICERS AS THE LAW MAY PROVIDE IN ADDITION TO THE COMMISSIONER OF TRANSPORTATION OR THEIR AUTHORIZED REPRESENTATIVE. VIII THE STATE'S AUTHORIZED AGENT FOR THE PURPOSE OF THE ADMINISTRATION OF THIS AGREEMENT IS MARYANNE KELLY- SONNEK, MUNICIPAL AGREEMENTS 'ENGINEER, OR HER SUCCESSOR. HER CURRENT ADDRESS AND PHONE NUMBER ARE 395 JOHN IRELAND BOULEVARD, MAILSTOP 682, ST. PAUL, MN 55155, (651) 296 -0969. THE CITY'S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF THIS AGREEMENT IS TODD BLOMSTROM, DIRECTOR.OF PUBLIC OR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 6301 SHINGLE CREEK PARKWAY, BROOKLYN CENTER, MN 55430 - 2199(763) 569 -3340. • 5 83298 -1 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE'VERIFICATION DEPARTMENT OF TRANSPORTATION individual certifies that funds have been encumbered Recommended for approval: as required by Minn. Stat. 55 16A.1S and 16C.OS. • By By District Engineer Approved: Date By . State Design Engineer MAPS Encumbrance No. Date CITY OF BROOKLYN CENTER Approved as to form and execution: By BY Mayor Contract Management of ate Date By COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By Date Date • 6 , .:. r .. ,.. .. ., ... . � ., yn w,..::y.q .. r,. c K+.: E:. 'er.. • � Y' .xy� a fr�" .R'jF �d ly. , y w • : :;�T.�',2�:r,: ••�- ,x�a:u �aex,� , s. . �, ,tis.. �:'.,�' "� ^,A"s n d:. , �^ w a' �•? �` • � j '�': >•ds" �"��''� -,�., ^ti� t�,j. .,,d. 'A .'N!! 'M K �9 isyq•. ,:7:`i'S', ..d. .p 1• "ka"' � t �'.i4. .. \,.. r • � x w ^.rv. ". •'F„ «fi'. . F ±,::, ..Y .rs� re ,. �'> ",^ -'.x"' c 9Rr.' .,._, f+:�:i, ^�? _.,r_ ., +:, - xi. ,, .... .,,.r',,�.: ;.;. ,,: e C;;n3„N.g ., 4�.` :! L, cu .�,..L, =•5Y3._`.se]..z'�".:; yii9,.,, 4Yii•i,. ., ... .'�s.`''N_vk:r keq...axE.�.r ,. .. .. .. ... ... ..... .. .- .. .1+r" >'. , S.P. 2755 -77 (T.H. 100 =212) Preliminary: June 6, 2002 1. City Project No. 2002 -04 _ _ Revised: August 21, 2002 State Funds — Revised: October 18, 2004 -- ...... ... ... -- - -- --_ _- -- - - - - -- - - - - -- -- -- - - - -- - - - - - -- - - - Grading, bituminous paving, concrete curb & gutter, storm sewer, s anita ry sewer, and water main construction performed under City contract with Veit & Company Inc. -- -- -- "- located on Azelia Ave. N. from Lake Breeze Ave. to France Ave. N. and on Drew Ave. N. from 47th Ave. to 48th Ave. and on France Ave. N. from 482.90 ft. south of 50th Ave. N. to 360.56 & s outh of 50th Ave. N . adjacent to Trunk Highway No. 100. .'4:•2rJ• k; 'di „'r"q('3• •- �."tn'i. ,mot n,�::a5."4`:rl 3 ,:4rn. ,�' W - " �` ' t ;�:,3 ,F>p'"`&`f''�.. .., 4,y's';3'�v.,y.u, =' ; s`y� �' '.,aF>r•, s' +yx. . . iir :i�Y��! ��` , �( ' ' "...fn!ri w"' e•�S .� '�rCa�' ,,,[''� Q/ �� y> �� JI. 6:. �: J►' ry�' R.. � $,, . 1' .aSSY*. � ,�.�...:t':x+z.rrK;�:�'v'..n+c> ., :,. '•�'..3�.m_i: _ - - rv. ......,.43.'xY;•. +�i =: @.,. .S��V:::�':�Y.ar�.'•tL�r "'t3 _��° -'s�+ 'i`�zl?' ��!'T.:,1`..•,f�.'!�'. _ _ From Sheet No. 5 1,394,951.89 Total State Construction Cost R/VV (Lump Sum) 835,965.00 Excel E gy R/W Costs (Actual) - -_ _ -- 166,000.00 - -- - 257,029.00 Design & Geo Engineering (Lump Sum) -- _ Contaminated Soil Remediation (Lump Sum) 246,305.29 Azelia Avenue Nort and 50t Av North Lighting (Lump Sum) _. _ _ 15 200 00 _. -- - - - Wetland Permit Appeal (Lump Sum) 37,431459 .. ...._ .� .. ,, .• r.. Construction Engineering (8% of construction costs) 'xt..`g i.:. .r ;Y• M .L , C� 6 .T L+ aT ; }�, �Q •,r:.: 1„ .� C 2 - a `:'u'. �'' �.., -gip, - '..i,•. .... _- _ . .... _ ... ..._ - VA 3 M!n.0 � 111, ,:5,:y zRC e' -0.4 v& R ..�' 'A% i $ '-i' e ...•. s4�'Aj," i»^. ^`!- fiy��,- '�9a -.. i+. I .'P ' .k.: ..., „a:,..'..,....._,�.';.: - ;�, ?` q 8.92_ °r;` vxTot !';51 f'rvs d �. 9fi4 . <7.. _.. _ a e._ Q �»%� >: £.b: •: ;.:�`;y:.�?r��,',•.:�y:: �r:s^.°. :acr'�.:aR'.kF.3F�,� ��a�C�m• = _z.,.. M..r s s .. „ }'t +'.rn'7 <� - t. - u'.�iaa�v'' •��';:r.� r ..fxW-'.S!' = • ,y# -F�; -' : yw :� ,�q' "_ . » ' . z ut,"z a'�,'.�•7,;.: : {,:'. .�......(,•�:n, y ?: ;': �,; Mn•�tx ai1.�.�� >,!��'�'' %.. ,r.,z r.' �.' S." N' �• 7��' 0.' T'. M��ii�f�+ � ..=�d.%?�+�+ti�#7��ii- ,.;��n'" e , -u ;��'tll� ��" —_. _ `.--- — ----- _ Original Funds Encumbered — — - -- _.— _.. - ....... __.__ 3,195,269.82 Total State Cost (3,064,478.92) - Encumbered Funds Balance1 (1) Amount of advance payment as described in Article III, Section A- of the Agreement. -1- • o i 098 -1 (1) 100% STATE (P) PLAN QUANTITY Mow ^ i �� y � �� ^> r� §k4. .y ,5• t 0 s `i': n: . f r . .�: . »3e�', {�:= ... , ', r sf<. :«VJl�id�iiN¢ - - <.fi?• (,V. ... -r -c_ 4.- - NIJIVIBER :.:,.:..,.,;•..,a�,.... .f •..�. s -_ -- - .. _.---- _- -. -. -- --- - - - - -- - -- LUMP SUM 1.00 45 000.00 45,000.00 2021.501 MOBILIZATION - - -- _ __� - -- -- - -- -- - _...... . _ - .. . • _..._... - - - -- - -- - - - -- - - - - - -- LUMP SU 1.00 4 500.00 4,500. 2031.501 FIELD OFFICE TYPE D- MODIFIED - -- - - _- - - '- - --- - - '- -- _ __ - -- - ACRE -__- . -_• 1.00 _ 1,795.00 _ 1_,795.0 2101.501 CLEARING _ .... -- - -- -- - -' ACRE 1.00 1,795.00 .. . _ 1,795._00 2101.506 GRUBBING _ .._.._ _..-- .------- _ - - - -• LIN FT 353.00 1.40 494.20 2104.501 REMOVE CURB AND GUTTER - _ __ -- _ -._. ____ -_ -- ---- - - - --- -._. LIN FT 740.00 10.20 _ 7,548.00 2104.501 REMOVE FORCEMAIN - - - -- -- - - - - -- - - -- - - -- - - - -_ - -. -. -- - - - - - _.. _- .. -. - - -- - -- - LIN FT 36.00 6.75 243 2104.501 REMOVE PIPE CULVERT "- - 2104.501 REMOVE RAILROAD TRACK LIN FT 245.00 6.00 _ 1,470.00 _. - -- - - -- - - - -- -- _ _ 88,253.00 00 0.13 11,472.89 SQ FT 2104.503 REMOVE BITUMINOUS PAVEMENT -' -- - - -- - -- - - - - - _ -- -- - - - -- --- - - - - -- - __..._ -._..__._ _.- .--------------------- - - - - -- 5 408.00 0.15 811.2 FT 2104.503 REMOVE BITUMINOUS WAL _ .._ ._._ . _ Y _ S Q - -- -- - _! - - -- - - ___ & 2104.503 REMOVE CONCRETE DRIVEWAY PAVEMENT 5,745.00 0.35 2 01 -- - -' -- -- - -- - - -- - - -- -- - - '- - - - - -- ... - -- _ _ _ - - - -- - ---- - - - - -- -- EACH 1.00 550.00 550.0- - 2104.509 REMOVE GATE VAL _BOX !- --- -- - - - - -- - -- _- .._._..-- - - - - -- - - - -- - - - - -- -- - - -- 1.00 850.00 850.00 2104.509 VALVE REMOVE HYDRANT & GATE EACH -- ------------ _..---------- - - - - -- - 295.00 - ..__. - -- 295_.00_ 2104.509 REMOVE DRAINAGE STRUCTURE EACH __.. _ - -_ LIN FT 1001.00 2.55 2,552. 2104.513 SAWING BIT PAVEMENT (FULL DEPTH) -__ - -- --- - - -... - .'---- . - - - -- .- - - - - -- - - - -' -- '- ._..- -. ._ - -- -- '- ---- - - - - -- - -- LIN FT 200.00 2.10 420.00 2104.521 SALVAGE CHAIN LINK FENC -" .... EACH _ 11.00 40.00 440.00 2104.523 SALVAGE SIGN TYPE C - -- _.._ __ - - - -- ' - - -- - - -- _ EACH 1.00 50.00 • 2104.523 SALVAGE SIGN TYPE SPECIAL _ - - - - - - - - -- -- - -- -- CU YD 7,508.00 4.80 36,038.40 - 2105.501 COMMON EXCAVATION (P) _..__------- .�_ - -- .__ __ - -_ _ -.... -- _ - - -- -- __ - -- --- .. - -.- _._- - -- - -- CU YD 18,143.00 7.05 1279 2105.505 MUCK EXCAVATION (EV)_ _ _._. - - .___._ -__ -- -- _ . - -- -- �_ - - -- - - -- .. -- 2105.507 SUBGRADE EXCAVATION (EV)- CU YD 78.00 - _ 7.05 _ _ 549. - - - - - - -- - . -.. -_ _ - - 7.75 9 CU YD 3 18 5.00 8.15 25 5 2105.515 UNCLASSIFIED EXCAVATION (EV) -- _ -. -' _._ -_ -- _ -_ -' --- _- __ -'.. -------- -- - - -- CU YD 36,202.00 7.50 271,515.0 2105.522 SELECT GRANULAR BORR (L V) - - . - � YD 2219.00 5.50 12,204.50 2105.525 TOPSOIL BORROW (LV) _- - -- -- -. - ___ -- -- .... _ - - -- _ _ _. _.. -_ - -- 2105.607 SPECIAL EXCAVATION, TYPE 2 CU YD 6 10 00 2.50 16,775.00 - - - ' - --- - -____ _ - CU YD 261.00 3.30 861. 2105.607 SPECIAL EXCAVATION, TYPE 3 __. -. -- _ _- - _ - - -- ROAD STA 26.00 35.00 910.00 2111.501 TEST ROLLING _ _. - - - - -- -- - -- _ - -- HOUR 40.00 44.00 1 2123.501 COMMON LABORER - - - - - -- - - - - - - - - -- - -- -- - 20.00. 112.00 2,24. 00 2123.507 1 C.Y. SHOVEL H OUR _ -- -- __ _ - -_ -- _. _ ___ -- _ _ _ - __._ -- - _ -__ 2 _ _2 4000 _ . _ ..- _ - - -- - - - - - - - -'.. - -- HOUR 20.00 112.00 2. 2123.514 3 C.Y. FRONT END LOADER - -. -- _--- __ -_ -. -- ' - - - - -_ _ __ -. -- - - - - - -. - -- '- - - - _... - - - - - -- -_ - -- - - -- - - - - -- 00 92.00 4 HOUR 48. 4,416.00. 2123.610 STREET SWEEPER ( WITH PICKUP BROOM -_ _- __. _ . - ._. - - - -_ -- ' _. ..........._.._.____.- ___..___- - TON 6,079.00 11.00 66,869.00 2211.501 AGGREGATE BASE (CV) CLASS 5 -- - - 090.00 39.40 42 946.00 2350.501 TYPE MV 3 WEARING COURSE MIXTURE (B) - -. ----- __a_,._r -__ -- _ - - -_._ _ -'- -- - - - -' - -- - T 722.00 43.40 31,334.80 2350.501 TYPE MV 3 WEARING COURSE MIXTURE (E) _ -- - ___- .- - -.�_- - -2- • 100% STATE 098 -1 a D Y = a`;3.'�- .1 ; ". -r..• �"�^i :fir" ,a;'r'd i i , i¢{, . ,�= t' N 'sa ,,p. y�t. i„?ri': R'B.: t .•'" - j'py4,+.,•' ts. :,°`. _ din I ii.•P,`:d'Y.x"l'n a r M`O 2350.502 TYPE MV3 NON WEARING COURSE MIXTURE (B) _ TON 242.00 -_ 42.50 _ 10,285.00 2350.502 TYPE MV 3 NON WEARING COURSE MIXTURE (E) -_ TON __- 1,0$3_00_ MIXTURE . 2350.502 TYPE MV3 WEARING COURSE MIXTURE (B) 2.0" THICK _SQ _ _ -_._ 2,416.00 - _ 5.65 - - _13,650.40 _ .._.... ------ - - - - -- - 2357.502 BITUMINOUS MATERIAL FOR TACK COAT - GAL _ 774.00 - _ 2.00 _ _ 1,548:00 - - - -- -- - - - -- SQ FT 3,726.00 17.95 66,881.70 2411.618 MODULAR. BLOCK RETAINING WALL _ -- - _ _ _ _ . 2451.609 PIPE BEDDING MATERIAL TON SQ0.00 21.OQ 10 500.00 2501.515 METAL APRON FOR 15" CP PIPE EACH 3.00 --- - 810. 2501.515 24" RC PIPE APRON EACH 2.00 535.00 1,070. _ - - - - -- - 2501.525 28" SPAN RC PIPE -ARCH APRON EACH 1.00 705.00 705. 2501.525 36" SPAN RC PIPE -ARCH APRON EACH :1.00 1200 00 1,200. 2501.602 SAFETY GRATE FOR 15" METAL APRO _ EACH -^ _ _ _;3.00 _ _ _ 430.00 _ _ 1,290.0 _ __ 2501.602 SAFETY GRATE FOR 18" META AP RON EACH 2.00 5 -6'.- , 2501.602 SAFETY GRATE FOR 24" RCP EACH ; 2.00 _ _1,250.00 2,500. 0 2501.602 SAFETY GRATE FOR 28" SPAN RC PIPE -ARCH APRON EACH _ -_ -_ a 1.00 1,220.00 _ _ , 2501.602 SAFETY GRATE FOR 36" SPAN RC PIPE-ARCH APRON EACH 1.00 1,384.00 1,384.00 - -- - --- - -- - -- -- - -- --_ ___ -- - - -- --- - - - -- -._.. _.. 2501.602 SKIMMER EACH - _ - 1.00 - 1,100.00 _ _ 2503.511 15" CP PIPE SEWER (SMOOTH) LIN FT _- 440•00 - -- 24.00 _ _ _10,560.00 2503.511 18" CP PIPE SEW (S MOOTH) LIN FT _- _ 733.00 _ _ _ 26.30 _ _ _ 19,277.90 2503.521 28" SPAN RC PIPE - ARC SE WER CLASS IRA LIN FT -_ - _395_00 - _ - _ 72.70 -_- 28,716.50 - - -- -- - - - -- - - _ 2503.521 36" SPAN RC PIPE - ARCH SEW CL AS S III LIN FT 1Q9.00 100.00 _ 10,900.00 2503.541 24" RC PIPE SEWER DESIGN 3006 CL III LIN FT_ -_ -_ 62_0 _ -- _...__ -._ 45.90 - _ 2,845.80 2503.601 FORCE E MAIN BYPASS LUMP SUM _ 1.00 - - 30,750.00 _- -- 30,750.00 _ .... 2503.602 CONNECT TO EXISTING FORCE MAIN EACH _ -_ X 4.00 - _ - 1,535.00 _ _ 6;140.00 2503.602 18" X 18" TAPPING SLEEVE AND VALVE EACH _ 2.00 -_ 26,030.00 - _ 52,060. 2503.602 LINE -STOP - FORCE MAIN EACH - _ _ .4.00 _ 19,371 _ 77,484.00 2503.603 18" FORCE MAIN - DUCTILE IRON CL 52 LIN FT 780.00 55.50 43 2 2503.608 DUCTILE IRON FITTINGS _FORCE MAIN PO UN D - _ 4,360.00 5.25 22,890.00 2504.602 6"X 6" TAPPIN SLE EVE AND VALVE EACH _ r1_00 _ 1,815.00 _ 1,815. 2504.602 10" X 6" TAPPING SLEEVE AND VALVE EACH _ 100 1,815.00 15. 2504.602 ADJUST VALVE BOX EACH 1.00 255.00 2504.602 HYDRANT & VALVE EACH - -' - -- ; 2.00 _ - -- 2,740A0 - _.._ __ . 5,480 _.. - 2504.602 10" GATE VALVE ON EXISTING_WATER MAIN EACH 1.00 - _ _ 2,085.00 _ 2,085.00 2504.603 6" WATER MAIN - DUCT IRON CL 52 LIN FT 370.00 22.50 8,325. 2504.603 10" WATER MAIN - DUCT IRON CL 52 LIN FT _- 10.00 - - ......... . - - - -- - - - - -3- (1) 100% STATE 1 0298 -1 r � ' „ ... ::.: Y,., a ' " ti.. J. :N;. •: . ,... a.'k.".F:. :.y ,�. ..., , (( ++i�4,:x.' "'Fc e ?'�L A: ,S!T,. i y } f:�. r... '., a ... , .w .Y x .Fro. 405 �'�+ Ja� -ewe 2504.604 2" WATERMAIN INSULATIO SQ YD 30.00 - 10.45 313.50 2504.608 DUCTILE IRON FITTINGS POUND 65.00 4.50 292.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DES 48-4020 LIN FT 12.00 322.00 3,864.00 - - -- -- -- -- - - - - -- _�- . - -- - - - -- -- - - -' - _ - -- - _ _... - 2506.501 CONSTRUCT DRAINAGE STRUCTURE DES 60 -4020 LIN FT - 16.00 - _377.00 6,032.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DES 72 -4020 LIN FT 4.00 855.00 3,420.0 2506.501 CONSTRUCT DRAINAGE STRUCTURE DES H _ - LIN FT 23.00 171.00 3,933.00 2506.516 CASTING ASSEMBLY EACH 13.00 650.00 8,450.00 2506.522 ADJU RING CASTING ST FRAME & R EACH 1.00 255.00 255. _ .... - - ' - ------ - - - - -- - - - -- -- - -- ' 2511.501 RANDOM RIP RAP, CLAS III CU YD 37.00 69.00 2,553.00 2511.515 GEOTEXTILE FILTE TY PE IV SQ YD - 85.00 1.00 85.00 2521.501 4" CONCRETE WALK SQ FT -�- 733.00 3.10 _ 2,272. 2531.501 CONCRETE CURB & GUTTER DESIGN B612 LIN FT 822.00 14.15 11,631.30 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 3,985.00 _ _ _ 8.40 33,474. 2531.501 CONCRETE CURB & GUTTER DESIGN SPECIAL (V- GUTTER) _- LIN FT 237.00 16.85 3,993.45 2531.507 6" CONCRETE DRIVEWAY PAVEM (APRON) SQ YD _ _ 6700 - 39.15 _ 2,623.05 2531.602 PEDESTRIAN CURB RAMP, CONCRETE EACH - - 5.00 _ 325.00 1,625.00 - _ .. - - - - - - -- -... -_ -_ -' - - -- 2531.602 CONC ENTRANCE NOSE DES 7113 EACH 4.00 275.00 1,100.00 2554.505 PERMANENT BARRICADES LIN FT 24.00 220.00 5,280.00 2557.603 INSTALL SALVAGED CHAIN L INK FENCE LIN FT _ 200.00 _ 10.85 2,170_00 2557.603 CHAIN LINK FENCE - VINYL COATED LIN FT 740.00 28.30 20,942.00 2563.601 TRAFFIC CONTROL LUMP SUM _ 1.00 _ _ 2,720.00 2,720.00 TYPE C SQ FT 106.00 2564.531 SIGN PANELS Y 32.00 3,392.00 T._ -- _ -- _..._.._ 2564.537 INSTALL SIGN TYPE C EACH 1.00 70.00 70.00 2564.552 HAZARD MARKER X4-2 EACH 4.00 49.00 196.00 2564.602 PAVEMENT MESSAGE (LEFT ARROW) POLY PREFORM EACH 2.00 380.00 760.00 2564.602 PAVT MSSG (RR XING) WHITE POLY PREF EACH Z.00 1,060.00 2,120.00 2564.602 SIGN PANELS TYPE SPECIAL EACH 2.00 300.00 600.00 2564.603 12" SOLID LINE YELLOW - POLY PREFORMED LIN FT _ 245.00 6.90 _ 1,690.50 2564.603 24" SOLID LINE WHITE - POLY PREFORMED LIN FT 30.00 15.25 457.50 2564.603 4" DOUBLE SOLID LINE YELLOW - POLY PREFORMED LIN FT _ _ 1,900_00 _ _5.75 10,925.00 2564.603 4" SOLID LINE WHITE - POLY PREFORMED LIN FT 200.00 2.85 570.00 2564.618 ZEBRA CROSSWALK WHITE - POLY PREFORMED SQ F T 180.00 _ - _ _ 10.70 _ _ _ 1,926.00 2572.501 TEMPORARY FENCE LIN FT 1,230.00 __ - _____ -_- 1.65 - - _ 2,029.50 2573.502 - SILT FENCE, TYPE HEAVY DUTY LIN FT _ _ 683.00 _ _ _ 2.70 __.. _._1,844.10 r -4- 100% STATE •, 098 -1 E1V�'f. '3f, x � rs:, rty h Y,., - A�U•e �,�,� j � _ y • 'Y - S. T. N ■� �}�] ''d��: �i ".k: ; Y.o ? 5 .� ,S'•:�; ..}'�#r'? - ,. IT� .. .. s1';�'sr, `�' i. s :,n<.. �`L .xr ... ,B a1.: - , \�.11�L j��. ... .,.,.,.' l._..X.1 #i ,5^i,.l = rlyf,.Y �wt��. �iu: '5`r .+ . $i•�' ILa :. 2575.501 SEEDING AC RE 1.00 650.00 650.00 2575.502 SEED MIXTURE 60B _ -_ _ POUND _ — 122.00 — 2.70 329.40 2575.505 SODDING, TYPE LAWN SQ YD _ 11,2 2.20 24,703.80 2575.511 MULCH MATERIAL TYPE '1 TON 2.00 130.00 260. 2575.519 DISK ANCHORING ACRE 1.00 88.00 88.00 2575.523 EROSION CONTROL BLANKET, CATEGORY 2 SQ YD _ _ 5,429.00 1.50 _ _— 8,143.50 2573.530 INLET PROTECTION EACH �._ _ 14.00 — „ —_ _ 200.00 _ _ 2,800.0 2575.532 COMMERCIAL FERTILIZER, ANALYSIS 22 -5 -10 POUN 108.00 0.45 48.60 -- - ---- -- r fig` .. 3 1 U.;2 9' dog Wi N Y Fffii��a -5- CITY OF BROOKLYN CENTER RESOLUTION IT IS RESOLVED that the City of Brooklyn Center enter into Amendment No. 1 to Mn/DOT Agreement No. 83298 with the State of Minnesota, Department of Transportation for the . following purposes: To provide for payment by the State to the City of the State's share of the costs of a wetland permit appeal, contaminated soil remediation and lighting construction to be performed upon, along and adjacent to Azeha Avenue North from Lake Breeze Avenue to France Avenue North and upon, along and adjacent to Drew Avenue North from 47th Avenue to 48th Avenue and upon, along and adjacent to France Avenue North from 482.90 feet south of 50th Avenue North to 360.56 feet south of 50th Avenue North located adjacent to Trunk Highway No. 100 within the corporate City limits under State Project No. 2755 -77. IT IS FURTHER RESOLVED that the Mayor and the are criee) authorized to execute the Agreement and any amendments to the Agreement. S CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Brooklyn Center at an authorized meeting held on the day of 2004, as shown by the minutes of the meeting in my possession. (Signaaue) Subscribed and sworn to before me this day of , 2004 (Trpe or Print Nam) Notary Public cri*) My Commission Expires fit, • City Council Agenda Item No. 7e TBROOKLYN MEMORANDUM TER DATE: November 15, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Change Order No. 2, Improvement Project Nos. 2004 -01, 02, 03 and 04, Contract 2004 -A, Northport Area Neighborhood Street & Utility Improvements The attached Change Order No. 2 includes three additional work items that were necessary during construction of street and utility improvements for the Northport Area Neighborhood Improvements. These additional work items were completed between July 22, 2004 and October 1, 2004. The first item includes payment for the connection of temporary water service to 10 properties where outside faucets were not available or were not connected to the City's water distribution system. The contractor was required to perform excavation and mechanical work to connect temporary water services to curb stops for these ten properties. The second item involved the removal and replacement of hydrant grade lock assemblies to eliminate a water main leak in the distribution system. The cost of this work was shared between the City and the Contractor with the City assuming approximately 1/3 of the total cost. The third item involved the work necessary to minimize noise complaints from residents due to the need to continuously operate dewatering pumps during installation of new sanitary sewer and water main. It was necessary to operate the diesel powered pumps 24 -hours per day to sufficiently lower the water table in the project area. The contractor was required to install the pumps within pits and place sound baffling around the pumps. Sound mitigation work was not included in the original contract. The total change order amount to date for this project is less than 0.5 percent of the original contract amount. City Council resolution 2004 -67 awarding the contract for the Northport Project included a 10 percent contingency amount for unforeseen additional work items that typically arise during a street and utility reconstruction project. Attached for City Council consideration is a resolution approving Change Order No. 2 in the • amount of $10,158.00 for the Northport Area Neighborhood Street & Utility Improvements, Improvement Project Nos. 2004 -01, 02, 03 and 04, Contract 2004 -A. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03 and 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET & UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, S.R. Weidema, Inc. of Maple Grove, Minnesota completed additional work to provide for temporary water connections for homes with outside faucets not connected to the City water distribution system, the repair of water main leaks during utility construction, and lowering of dewatering pumps within the project area; and WHEREAS, the City and Contractor have mutually agreed to the cost for completing said additional work under Contract 2004 -A; and WHEREAS, Council Resolution 2004 -67 awarding the Contract for the project included a ten percent contingency in the amount of $267,300.00 to provide for additional work associated with unforeseen items arising during construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 2 for Contract 2004 -A is herby approved in the amount of $10,158.00. The revised contract amount shall be as follows: Original Contract Amount $ 2,673,332.07 Change Order No. 1 $ 2,165.95 Change Order No. 2 $ 10,158.00 Revised Contract Amount $ 2,685,656.02 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: a and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center CHANGE ORDER NO. 2 Contractor: S.R. Weidema, Inc. October 12, 2004 Address: 17600113` Avenue North Maple Grove, MN 55369 Project: Northport Area Neighborhood Street & Utility Improvements Improvement Project Nos. 2004 -01, 02, 03 & 04 Contract No. 2004 -A In accordance with the terms of this Contract, the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions: The following items were not included in the unit price proposal form or deemed to be necessary to complete the project according to the intended design. This change order resolves all outstanding contract adjustment claims from the Contractor for all'work completed through October 1, 2004 for the project. 1. Temporary Water Connections: Payment for connecting temporary water service to curb stop due to exterior faucets being connected to private wells or un- serviceable. Properties include 5338, 5341 and 5445 Twin Lake Blvd; 5615, 5627 and 5707 Halifax Avenue; 3828 and 5345 France Avenue; and 3819 and 3906 57"' Avenue. Payment as per invoice number 1208 -02. Total Compensation for Labor, Materials and Equipment: $ 1,848.00 2. Hydrant Grade Assembly Replacement: Contractor reimbursement for removal of hydrant grade adjustment assemblies. This item is full compensation for all work associated with, or potentially associated with, water main leaks and water main testing difficulties that occurred during installation of water main for the project. Payment as per invoice number 1208 -03. Total Compensation for Labor, Materials and Equipment: $ 8,310.00 3. Lowering of Dewatering Pumps: Contractor was required to lower dewatering pumps in response to noise complaints from residents. This work was not included in the original specifications for dewatering. Groundwater levels within the project area required 24 -hour pumping to allow installation of underground utilities. No compensation will be provided for this work in exchange for the City resolving minor damage to a 2000 VW Beetle, VIN No. 3VWCF2 I C5YM475 942. TOTAL CHANGE ORDER NO.2 $10,158.00 Original Contract Amount $ 2,673,332.07 Change Order No. 1 $ 2,165.95 Change Order No. 2 Revised Contract Amount $ 2,685,656.02 Page 1 • Change Order No. 2 Contract 2004 -A October 12, 2004 CHANGE IN CONTRACT TIME The Contract completion date is extended by 6.0 days (excluding Sundays) due to the items noted above. The final completion date is November 1, 2004. Accepted: S.R. WEIDEMA, C. Approved: CITY OF BROOKLYN CENTER By � By: Contr CIA-41\ tal"s' Authorized Representative City Manager Date: I O / g/ O `� Date: By: Director of Public Works Date: Page 2 City Council Agenda Item No. 7f MEMORANDUM BROOKLYN c�R DATE: November 15, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Amending the 2005 Central Garage Budget to Provide for the Early Order/Purchase of One Rotary Type Tractor Mower, Equipment No. 245 The Central Garage vehicle replacement schedule for 2005 includes the replacement of one park maintenance tractor mower ( #245). This equipment item is one of three large mowers used to maintain approximately 300 acres of park turf during the growing season. The current 1996 model tractor mower was originally scheduled for replacement in 2004, but was delayed by one additional year due to recent budget reductions. This equipment item is similar to the tractor/backhoe that was reviewed for early ordering at the November 8 City Council meeting. Equipment vendors with the State of Minnesota Cooperative Purchasing Venture anticipate a 10 percent increase in this type of tractor mower for 2005 due to increases in steel prices over the past year. The 2004 state bid equipment prices for tractor mowers are locked until November 30, 2004. Staff recommends that the City place an order for the replacement tractor mower before November 30 to avoid the anticipated increase in replacement costs next year. Equipment delivery and payment would not occur until after January 1, 2005 regardless of an early equipment order. Public Works equipment operators performed field evaluations on several vendor brands and models available on the state cooperative purchasing contract based on price and other operational factors. Public Works staff recommends the purchase of the MTI (Toro) 4700D model. The MTI mower provides high cut quality, good maneuverability and low anticipated maintenance demand. The proposed model would have a significantly higher mowing speed and larger mowing deck as compared to the existing reel type mover. The Central Garage has accumulated replacement funds from the Park Maintenance Division in the amount of $66,500 for the replacement of this tractor mower. The replacement cost would be approximately $65,300 after trade -in under the current 2004 state bid. Attached for consideration is a City Council resolution authorizing the early order of one MTI rotary type tractor mower as part of the State of Minnesota Cooperative Purchasing Venture. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE ROTARY TYPE TRACTOR MOWER, EQUIPMENT NO. 245 WHEREAS, the Central Garage vehicle replacement schedule for 2005 includes the replacement of one park maintenance rotary type tractor mower ( #245); and WHEREAS, it is expected that $66,500 in accumulated depreciation funds from the Park Maintenance Division will be available in the 2005 Central Garage capital outlay budget; and WHEREAS, a minimum of 60 to 120 day delivery time and rising steel prices makes immediate ordering preferable for 2005 delivery and payment; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the Minnesota State Cooperative Purchasing Venture for the replacement of said equipment; and WHEREAS, a MTI Toro Groundmaster model 4700 -D rotary type tractor mower is available on the State Contract # 432120 at a total estimated cost of $65,300. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the early order purchase of one rotary type tractor mower under the Minnesota State Cooperative Purchasing Venture at a total estimated cost of $65,300 is hereby approved. 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. TORO. Count on it. Groundsmaster® 4500 -D & 4700 -D Engine Kubota V2003T, 4-cylinder, 117 ft -lbs. of torque, turbo diesel, 122 cu. in. (2.0 liter), 60 hp (45 kw) gross, 58 hp (43.5 kw) net governed to 2600 RPM. Fuel Capacity 21 gallons (79.5 liters) diesel fuel. Traction Drive Full -time, bi- directional, 4 -wheel drive hydrostatic transmission powers a hydrostatic motor at each front wheel w /planetary drive reduction, rear mechanical axle powered by a hydrostatic motor. Ground Speed 13 mph (20.8 km /h) transport, 7 mph (11.2 km /h) mow. ? Front: 29 x 14 -15, 6 -ply ultra -trac tread. Rear: 20 x 12 -10, 6 -ply multi-trac tread. Brakes Mechanically actuated, internal wet disc brake on input to each planetary drive. Steering Power steering with dedicated power source. Gauges Hour meter, fuel gauge, engine temperature gauge, indicator lights for glow plug, high coolant temperature, charge indicator, and'low oil'. rc; sr. ressure. Shutdown for high coolant temperature. _ Controls Ignition switch, throttle, foot operated traction pedal, mow /transport selector switch, lockable 'individual brake pedals, ark brake'lock�:deck 'v `'.;. lift levers beverage holder radio holder 12 -volt power outlet storage com artment ' Warranty Two year limited warranty. Refer to operator's manual for further details. v ' ` x � , tons iittr GM 4500 -D GM 4700 -D X 3� W t ,.,,, cm .cm h:s:.:s --? ":L ..( ) 1458" 370: ( ) ,ti:�• 1^rt .�t•3,- ,:"�; �"° :�/`•< { 145.8" 370 th Ioini 286, 1 53.8 - O�rerall wid ( i i _. �. � cm). •1 •' �.. 't,` `�- `'+°,�:"a� >.. � fir`° , § ••F»•5. . Y.' - '98 i . .:,xi ♦ y. \" �''�' -cx:, r{ .YrralPwidth ^ iaii ,,. + . yr ;: i �• ::�,< ;. x ',: r ::'t " � ., ec�. - : �� .,�88.25j224:cm);y:�'��a,_' .25 (� - o` , . v "`��,.�"�a. . 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Subject: City Council Consideration Item - Planning Commission Application No. 2004- 013 Date: November 17, 2004 On the November 22, 2004 City Council Agenda is Planning Commission Application No. 2004 -013 submitted by Community Emergency Assistance Program (CEAP) requesting a Special Use Permit to operate a group day care facility at 7051 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2004 -013 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. • This matter was considered by the Planning Commission at their November 10, 2004 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • • Application Filed on 10 -27 -04 City Council Action Should Be Taken By 12 -26 -04 (60 Days) Planning Commission Information Sheet Application No. 2004 -013 Applicant: Community Emergency Assitance Program (CEAP) Location: 7151 Brooklyn Boulevard Request: Special Use Permit The applicant Steven Klein, on behalf of Community Emergency Assistance Program, Inc. (CEAP), is seeking a Special Use Permit to operate a childcare facility at the proposed location of a joint tenancy service /office building on the Osseo School District property to be addressed as 7051 Brooklyn Boulevard. The property in question is being created under Preliminary Plat Application No. 2004 -010, which is being considered for approval by the City Council on November 8, 2004. The property is also the subject of a Rezoning proposal to C -1 (Service /Office) under Planning Commission Application No. 2004 -011 and a Site and Building Plan Approval/Special Use Permit for a 48,600 sq. ft., two story, two phase service /office building for a school district adult education facility use and an adjoining use by CEAP under Planning Commission Application No. 2004 -012. These applications are also being considered for approval by the City Council on November 8, 2004. Group day care facilities are listed as special uses in the C -1 zoning district (see Section 35 -320, Subdivision 3b of the Zoning Ordinance attached). Such a use is allowed through the Special Use Permit process including review, recommendation and public hearing by the Planning Commission and approval by the City Council. As a Special Use Permit, the proposal must meet the Special Use Permit standards contained in Section 35 -220, Subdivision 2a through 2e (attached) as well as the standards contained in Section 35 -320, Subdivision 3 b 1 through 5, regarding group day care facilities. The property in question is proposed to be rezoned to C -1 under Planning Commission No. 2004 -011 and is located on the west side of Brooklyn Boulevard, south of 71 st Avenue North. It is bounded on the north by 71 Avenue; on the east by Brooklyn Boulevard and the Willow Lane Apartments (zoned R -5); on the south by Willow Lane Park; and on the west by the Willow Lane Early Childhood Center and single family homes facing 71 st Avenue North. BACKGROUND As mentioned above, the Osseo Area School District is in the process of creating a 3.63 acre parcel of land that is to be rezoned to C -1 (Service /Office) so that they can construct a 48,600 sq. ft., two story service /office building to house their adult education program. The School District would occupy 25,000 sq. ft. in the first phase of the development. CEAP plans to construct the second phase of the building in mid -2006 to accommodate a multi - service family center. They are proposing a 1,500 sq. ft. to 2,000 sq. ft. childcare center to be operated by St. David's Child • Development and Family Services as a part of their space. This proposed facility would be 11-10-04 Page 1 I licensed for approximately 34 toddler and preschool children and is the subject of this application. PROPOSAL The applicant has submitted written material explaining their proposal and how they believe it will meet the standards for special use permits. They point out that their proposed day care use will enhance the general public welfare by providing an essential service to the children and families of the community, that the St. David's organization is known for providing high quality early childhood education for children of all abilities. They claim their childcare center will have little or no negative impact on property values or be injurious to the use of surrounding properties. It will not impede the development or improvement of surrounding property and have no adverse impact on the residential or commercial development plan for this area. They contend that their proposal will have minimal impact on traffic in the area. They also point out that their proposed childcare center and playground will comply with all relevant requirements outlined in Section 35 -411 (copy attached). It should be noted, however, that they are requesting that their outside recreational facilities be allowed to be offsite at the Willow Lane Early Childhood Center. A letter from John Fredericksen, Assistant Superintendent of Osseo Area Schools, has been submitted showing the School District's support for providing shared playground facilities for CEAP to provide better services at lower overall costs. Dr. Fredericksen notes that they haven't finalized the shared playground planning but have always contemplated such a system at their site. Children using these facilities will always be escorted by an adult via crosswalks and • walkways from the childcare facility to the playground area. The applicant has submitted a plan showing the new facility, the Willow Lane Early Childhood Center and the location of the proposed playground. This seems like an acceptable proposal and we would recommend approval provided a formal arrangement can be established between CEAP and the School District. It should be noted, however, that there does not appear to be anywhere on site at the new facility where required playground/recreational facilities could be provided consistent with the requirements of the zoning ordinance. Absent the agreement, and continuous use of the shared recreational area, the Special Use Permit could not be recommended. The proposed day care is also required to meet the standards contained in Section 35 -321, Subdivision 3b that required that the day care use must be compatible with, complimentary to and of comparable intensity in terms of activity levels to permitted C -1 uses. Also, the day care facility must be planned and designed to assure that that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood or the community. Traffic generated by other uses on the site should not pose danger to children served by the day care use. We believe that these standards are met as well provided there is an agreement for continuous use of the School District property for recreational purposes and that adult supervision be continuously provided when children are outdoors walking between the facilities. 11 -10 -04 Page 2 • A ublic hearing has been scheduled and notices of ' P g the Planning Commission's consideration have been sent to surrounding property owners. RECOMMF.NMATTON In general, the application appears to be in order and approval is recommended subject to at least the following conditions: 1. The Special Use Permit is granted for a childcare /day care facility serving up to 34 toddler and preschool children. Any expansion or alterations of this proposed operation, which is inconsistent with the proposal submitted will require an amendment to this Special Use Permit. 2. The childcare /day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The granting of the Special Use Permit is contingent upon the approval and filing of the plat comprehended under Planning Application No. 2004 -010; the approval of the rezoning comprehended under Planning Application No. 2004-011; and the approval of site and building plan and special use permit comprehended under Planning Commission Application No. 2004 -012. e 4. The ant' m of this special use permit is contingent upon the �' g p p g p development and execution of an agreement between the Osseo Area Schools and CEAP to provide outside playground/recreational facilities consistent with city ordinance requirements on a continuous basis. A copy of the agreement shall be provided to the City. Absent such an agreement, the special use permit shall be void. 5. Children utilizing the childcare facility shall always be escorted by an adult when walking between said facility and the offsite recreational area. 6. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 7. Approval of the special use permit does not authorize additional signery other than that comprehended under Chapter 34 of the City Ordinances. i • 11 -10 -04 Page 3 % 1. PERRY CT. E. . • I I 2. PERRY CT. W. 3. PERRY PL, E. 4. BRO0KLYN PL. 5. WINGARD PL. �- ---.� _ 6 QUAIL CIR. ; J. WUhIL i I I l I $IN 114 1 j I j J t� l l► �� - � - + JOC2 • ---� I{ I I 11 I{ I �. L -4 0 Q a w i av JAM r2 , 4 u 4E. N. Z f 1 `� LU LU � Z \L� I AVE N. Z w WE ' - - WILL R3 SCH R5 70TH AVE. N. uj w' Z L. z, Ci. ui �:i�ti34 t i'nj';�.y!✓. S. C I L IJ GRIME B8 H. A�lE. N. - .. O Z PL. — 68'li'I. N. 1- . ^ z�� - Planning Commission R3 Application No. 2004 -013 W tu . \ 4 t Lt. Z' q 'x f& a i r •• •e"s?y "t"sis= jx r � f si + •fix. � a. ,� - �.,.,,+,; ... P. 3 k.,`gac ', •zf� �, ?I r +f.fXt. � .. � .{.'off r '.�" -�.. ,c x -5 a uf• t �` . y3.�ca, "'Y e ";-Y�. �B'. �`� - F , t � MN e l • Special Use Permit for Property at 71st Avenue North and Brooklyn A Y Boulevard Lots 2 & 3, Block 1, all in Center Brook Addition, Hennepin County Minnesota Narrative Information We are submitting this request for a Special Use Permit for a Child Care Center which will be a tenant in a proposed multi - service Family Center. This Family Center will be constructed by early to mid 2006 at (legal description) on the corner of 71 Avenue North and Brooklyn Boulevard. The Child Care Center will occupy about 1500 -2000 square feet of the proposed 25,000 square foot Family Center. In addition, the permit would also allow the child care center to use for its playground space on an adjacent lot (see drawing) The Child Care Center will be operated by St. David's Child Development and Family Services and will be licensed for approximately 34 toddler and preschooler children. The proposed playground will not be contiguous to the building but will be located on the adjacent lot approximately 320 feet from the Center.(see drawings). Children will cross a walkway over a small portion of the parking lot in order to reach the playground. The Child Care Center will certainly enhance the general public welfare in that it will be providing a very essential service to the children and families of the community. St. David's is known for providing high- quality, developmentally - appropriate early childhood education. Children with special needs are included in the classrooms along with typically developing children, providing children of all abilities the unique opportunity of learning together. In addition, it will be an integral part of the comprehensive services being provided in the proposed Center and in School District 279's Adult Basic Education building which will be attached to the Family Center. This Center will in no way be detrimental to public health, safety or comfort. The Child Care Center will have little, if any, impact on property values and will not be injurious to other properties. It will, as noted, be located within an office type facility and attached to a school district building. A school district early childhood education center is located on the adjacent lot and the services provided there serve similar populations as the Child Care Center. Most of the activities of the Child Care Center will occur within the Family Center building. The Child Care Center and the Family Center in which it will be located will not impede the development nor improvement of the surrounding area. This Center will be located on a corner lot facing Brooklyn Boulevard and a small portion of 71" Avenue North. Its location and use should have no impact on any residential or commercial development which may be planned for that area. The attached drawings demonstrate that there will be minimum impact on traffic on public streets. Families bringing their children by car will enter the private parking area • off of Brooklyn Boulevard, park their cars near the "back" entrance and escort their children to the child care center. Families not driving will either come b bus or walking _g • and will use the sidewalk and entrance in the front (Brooklyn Boulevard side) of the Family Center. Automobiles will enter and exit the parking lot from/to Brooklyn Boulevard generally in the early morning or late afternoon. The impact on the traffic will be minimal and within a small time frame. In addition, the traffic generated should not pose a danger to the children. As previously noted, they will spend most of their time inside the Center. When their parents bring them they will not have to walk across any parking lots or major roads with the exception of when their parents bring them by bus. The children will have to cross a small portion of the parking via a walkway in order to reach the playground (see drawings). They will always be accompanied by an adult when they are outside of the building. The proposed child care center and playground will comply with all relevant requirements as outlined in Section 35411 of the city ordinance. • District =c 279 L. CHRIS RICHARDSON, ndent - Superintendent OSSEO AREA SCHOOLS Phone: (763) 391 -7000 FAX: (763) 391 -7070 October 14, 2004 Stephen Klein, Executive Director - Community Emergency Assistance Program, Inc. 6840 78 Avenue North Brooklyn Park MN 55445 ICE: Adult Education — Family Services Center Shared Playground Dear Steve: Thank you for the opportunity to write about shared playground operations at the Adult Education — Family Services Center site adjacent to the Willow Lane Early Childhood Center site. While we haven't totally finalized playground planning for the site, yet, we have always contemplated and continue to plan for a shared playground system at the sites. We would use shared playgrounds to allow for better differentiation of playground tools for educational development for the variety of • students we serve at the Willow Lane Education Center. These children have a wide spectrum of ages and experience an even broader set of educational needs. By sharing playground tools with the Community Emergency Assistance Program (CEAP) tenant(s), we can have more playground spaces on site and a larger spectrum of specialized tools for student educational development. This will enable us to provide better services at lower overall costs with an added benefit for increased neighborhood serviceability during non - school hours. Please accept this letter of information for the playground plan. If you have questions, please contact me at 763 - 391 -7014. Thank you. 2 etfully, r� ohn E. Fredericksen, Ph.D. Assistant Superintendent - Administration abeceapplayground • INDEPENDENT SCHOOL DISTRICT 279 Educational Service Center, 11200 93rd Avenue North Maple Grove, MN 55369 -6605 r J matt ,,.�; ,+_;• � �_ � '\ nne emu: t rq•+ _tt '{-� -+. '. a .� .2.rr {.,,r�tti�n �!fis� fi r, '� f 3. t tt � � , T City of Brooklyn Center Special Use Permits - Section 35 -220 • 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, 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 vicinity for the purposes already permitted, nor substantially diminish 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 property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. I. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions 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 specified in this ordinance. In all cases in which special use permits 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 shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary 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 prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. OAS 4. Retail food shops, gift shops, book and stationery shops, tobacco shops' accessory e atin g equip establishments, sale and service of office supply . newsstands and similar accessory retail shops a �� multistory is�no ass dated over 40,000 sq. ft. in gross floor area, pro out or signery visible from the exterior of the building; there is no carry delivery of food from the lot; the total floods floor area of the building. a building shall not exceed 10 /o of the total gr Other uses similar in nature to the aforementioned uses as determined by the City t. Council. but not limited to, full- service banks and savings and u. Financial institutions including, loan associations. V. Drop -in child care centers licensed by the Minnesota Department Pu ease and pursuant to a valid license application, provided that copy application shall be submitted annually to the City. w. Leasing offices, provided there is no storage or display of products on the use site. X. Libraries and art galleries. 2. Special Requiremen a. See Section 35 -411 of these ordinances. 3, Special Uses, not located on the same property the principal use a. Accessory off P arkin g Section 35 -701. subject to the p rovis ions b. Group day care facilities provided that such developments, in each specific case, are i demonstrated to be: 1 Compatible with existing adjacent acent land uses as well as with those uses . , permitted in the Cl district generally. 2. Complementary to existing adjacent land uses as we ll as to those uses permitted in the Cl district generally. errnitted C1 district land uses with respect to 3. Of comparable intensity to p activity levels. 35 -31 City Ordinance City of Brooklyn Center ed to assure that generated traffic will be within the capacity • 4, planned and design act u on those of available public facilities and will not have an adverse imp p facilities, the immediate neighborhood, or the community- ;.. r other uses on the site will not pose a danger to children 5. Traffic generated by E served by the day care use. F ; set forth in Section 35 are an d further provided that the special requirements 1 F t adhered to , decorating, dancing and the like and r music, photography, F s fo art, c, Instructi onal use studios for like activity. PO s . t secondary schools, business schools, trade schools and d. Ed uses including po onal public and private elementary and secondary schools (K -12)• the like, excluding . Section 35 -321., CIA SERVICE/OFFICE DISTRICT. 1. permitted Uses, (No height limitation) or a. All of the permitted uses set forth in Section 35 -320 shall be permitted m a building establishment in the CIA district. 2 Special Requirements, a . See Section 35-411 of these ordinances. 3, Special Uses use, a , Accessory off-site parking not locate d on the same property with the principal subject to the provisions of Section 35 -701. the special use set forth in Section 35 -320 shall be allowed by special use b. All of p permit in the CIA district. j Section 35 -322., C2 CONiME RCE DISTRICT. 1, permitted Uses, a. The retail sale of food. 35 -32 City Ordinance City of Brooklyn Center I Section 35 -411. SPECIAL REQUIREMENTS IN Cl AND CIA DISTRICTS. an 1. All storage, display, service, repair or processing � d for con of d o sto ge of enclosed building. Semi - trailers may not b materials, equipment, merchandise, inventory, etc. 2. Incineration of waste material shall be conducted in aapprro a pmen located a within the building wherein the permitted use is conducted. approved when approved by the zoning-official and sanitarian. 3. Where a Cl or CIA development abuts an RI, R2 or R3 district other than at a public street line, buffer provisions shall be established. There' shall bops Coon app e roved strip not less than 15 feet wide with an opaque f drivewa s off -street substitute. The protective strip shall not be used for parking, Y loading or storage and shall be landscaped. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood an d providing sufficient screening of the Cl or CIA area. A proposed fence or wall shall be no less than four feet in height and shall not extend within 10 feet of any street right -of -way. " p shall be issued until a site and parking layout has been approved as 4. No building p permitted within 35 feet of any major shall be provided in Section 35 -230. No parking P thoroughfare ri ght -of -way or within 15 feet of any other right -of -way and the 3 5 foot or 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 5. On developments of sufficient magnitude so as to require O n - site lfor such utiliti shall main, storm sewer, or storm drainage facilities c onstruction, plans be designed by an d installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In where on -site utilities construction is required, the land owner or developer s hall cases agr eement with the City, enter into a utilities maintenance and inspectio er the development to accomplish agreement shall grant the City the righ maintenance, in spection or repairs that are in the public interest. 35 -59 City Ordinance City of Brooklyn Center i I d G care facilities, outside recreational facilities shall be • 6. In the case of group day are as by a wood fence not less and driving t: appropriately separated from the Parking than four feet in height; or a Council approved substitute; shall be located contiguous to z. ' the day care facility; shall not be located in any yar abutting a maj or thoroughfare 5- 40 unless buffered by a device set forth in Section 3 ana S� shal end atleast 60 impervious surface for more than half the playgroun whichever is less, or or to an adjacent property line, feet from the wall of the building ar an d driving areas. shall be bounded on not more than two sides by p provide one six inch diameter tree per 14 beds. Tree species 7. Nursing care homes shall p er trees existing on the site may be shall be long -lived hardwood. Six inch and lazg credited toward this requirement. Section 35 -412., SPECIAL REQLTIREMENTS IN C2 DISTRICTS. service, repair or processing shall be conducted wholly within an 1. All storage, display, not less than six feet high, or ugh enclosed building or behind an opaque fence or w all to completely screen the storage or other activity fr th m out of door storagge f enough property at ground level. Semi - trailers may not tbe us e outdoor storage of merchandise materials, equipment, merchandise, inventory, located contiguous to the during business hours on a private pedestrian walkway all not apply building is not prohibited by this section. This re vehicles or craft for part la of new and used moto the out of door storage and disP Y to the which a special use pest has been issued. Neither shall the requirement apply retail sale of food at drive -in eating establishments for w icha special y be out of door outdoor storage and display of m erc han dise permit has been issued. Temporary allowed by pest Pursuant to Section 35 -800 of this ordinance. roved equipment located within 2. Incineration of waste matter shall be conducted in app went shall be considered the building wherein the pernutted use is conducted. Eq p "approved" when approved by the zoning officio and sanitarian• abuts an Rl , R2, or R3 district other than at a public 3 • Where a proposed C2 development street line, buffer provisions shall be established. Th S r s nob used for parking, strip of not less than 3 Slf loading Odth. shall be landscaped- The landscape shall dr off-street g hall contain an opaque fence or wall which shall not extend within 10 Council treatment s )proved by the City any street right- of-way. The fence or wall design must be appr providing sufficient S in harmony with the residential neihborhood and � as being g l area. The fence or wall shall be eight feet in height. e scre enin g of the commercia roved fence or wall. protective strip shall contain. no structures other than the approved City Ordinance 35-60 City of Brooklyn Center • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 10, 2004 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Sean Rahn, Dianne Reem, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Newman was absent and unexcused. APPROVAL OF MINUTES —OCTOBER 28, 2004 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve the minutes of the October 28, 2004 meeting as submitted. The motion passed. Tim Willson abstained as he was not present at the meeting. • CHAIR'S EXPLANATION Chair Willson 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 hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2004 -013 COMMUNITY EMERGENCY ASSISTANCE PROGRAM (CEAP) Chair Willson introduced Application No. 2004 -013, a request for a Special Use Permit to operate a childcare facility at the proposed location of a joint tenancy service /office building on the Osseo School District property to be addressed as 7051 Brooklyn Boulevard. The property in question is being created under Preliminary Plat Application No. 2004 -010. The property is also the subject of a Rezoning proposal to C -1 (Service /Office) under Planning Commission Application No. 2004 -011 and a Site and Building Plan Approval/Special Use Permit for a 48,600 sq. ft., three story, two phase service /office building for a school district adult education facility use and an adjoining use by CEAP under Planning Commission Application No. 2004- 012. These applications were approved by the City Council on November 8, 2004. Group day care facilities are listed as special uses in the C -1 zoning district. Such a use is allowed through the Special Use Permit process including review, recommendation and public hearing by the Planning Commission and approval by the City Council • • Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 11 -10 -04 for Application No. 2004 -013, attached.) PUBLIC HEARING — APPLICATION NO. 2004 -013 There was a motion by Commissioner Rahn, seconded by Commissioner Lund, to open the public hearing on Application No. 2004 -013, at 7:54 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Steven Klein, Executive Director of CEAP, introduced himself to the Commissioners. Commissioner Reem inquired about the one year limitation for construction to begin following approval of a Special Use Permit since the applicant has indicated that construction will not start on their portion of the building until 2006. Mr. Klein explained that the reason for delaying construction until 2006 was based on financial need but that they felt it important to get city approval prior to beginning their campaign to raise the $4.6 million capital necessary to fund the project. There was a discussion among Commission Members regarding adding a Condition No. 8. The Commission agreed that a condition No. 8 would be added to the conditions of approval stating: 8. Approval of the Special Use Permit shall be effective through December 31, 2006 without the need for an extension as comprehended by Section 35 -220, Subdivision 5, provided all conditions established above are met in their entirety. Chair Willson stressed the importance of working out a formal agreement between CEAP and the School District for use of the off site recreational facility. Without such an agreement, there would be no Special Use Permit. Commissioner Lund inquired about an indoor play area on the site. Ms. Linnea Davis, representing St. David's, responded that they have plans for both indoor and outdoor play space. She added that they are required by the Department of Human Services to have 2,000 sq. ft. of play area. Commissioner oc R he asked for further clarification of the outdoor play area. Mr. Dave Suman Coordinator of Construction Projects with Osseo School District 279 demonstrated the layout of the play areas on the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2004 -013. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Roche, to close the • public hearing on Application No. 2004 -013, at 8:07 p.m. The motion passed unanimously. • The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004 -013 — COMMUNITY EMERGENCY ASSISTANCE PROGRAM (CEAP) There was a motion by Commissioner Boeck, seconded by Commissioner Roche to recommend to the City Council that it approve Application No. 2004 -013, submitted by Community Emergency Assistance Program for a Special Use Permit to operate a group day care facility at 7051 Brooklyn Boulevard subject to the following conditions: 1. The Special Use Permit is granted for a childcare /day care facility serving up to 34 toddler and preschool children. Any expansion or alterations of this proposed operation, which is inconsistent with the proposal submitted, will require an amendment to this Special Use Permit. 2. The childcare /day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The granting of the Special Use Permit is contingent upon the approval and filing of the plat comprehended under Planning Commission Application No. 2004 -010; • the approval of the rezoning comprehended under Planning Commission Application No. 2004 -011; and approval of the site and building plan and special use permit comprehended under Planning Commission Application No. 2004 -012. 4. The granting of this special use permit is contingent upon the development and execution of an agreement between the Osseo Area Schools and CEAP to provide outside playground /recreational facilities consistent with city ordinance requirements on a continuous basis. A copy of the agreement shall be provided to the City. Absent such an agreement, the special use permit shall be void. 5. Children utilizing the childcare facility shall always be escorted by an adult when walking between said facility and the offsite recreational area. 6. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 7. Approval of the special use permit does not authorize additional signery other than that comprehended under Chapter 34 of the City Ordinances. 8. Approval of the Special Use Permit shall be effective through December 31, 2006 without the need for an extension as comprehended by Section 35 -220, Subdivision 5, provided all conditions established above are met in their entirety. • Voting in favor: Chair Willson, Commissioners Boeck, Lund, Rahn, Reem and Roche. The motion passed unanimously. The Council will consider the application at its November 22, 2004 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 Mr. Warren reminded Commissioners that there is only one Planning Commission meeting in November and December. If there are no applications, the December meeting would be canceled. Mr. Warren asked the Commission members whose terms expire on December 31, 2004 of their interest to be reappointed. All members expressed their desire to continue serving on the Planning Commisison. Commissioner Rahn stated his interest in a joint meeting with the City Council. Mr. Warren will pass that request on to the City Council. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Lund adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at • 8:15 p.m. Chair Recorded and transcribed by: Rebecca Crass • City Council Agenda Item No. 9a BROOKLYN CENTER IF POLICE DEPARTMENT MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold DATE: November 17, 2004 SUBJECT: Homeland Security Equipment Grant Agreement The police department is requesting authorization to enter into an agreement with Hennepin County, through its Emergency Preparedness Division, which would provide for the reimbursement of expenses incurred for the purchase of equipment for the 800 MHz conversion. Authorized purchases per the agreement are limited to hardware for a microwave point -to -point link, support structure • construction, and fiber or other interconnect for the county -wide 800 MHz system and structural and /or communications engineering which shall makeup the entire scope of the project. The grantee agrees to complete the project no later than November 30, 2005 within the terms stated in the agreement. I am requesting that this go on the next council agenda for approval. Attached is the resolution and a copy of the grant agreement. If you have any questions, please contact me. SB:kh Attachment Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO HOMELAND SECURITY EQUIPMENT GRANT AGREEMENT WITH HENNEPIN COUNTY EMERGENCY PREPAREDNESS DIVISION WHEREAS, the City of Brooklyn Center wishes to enter into the Agreement with Hennepin County Emergency Preparedness Division which will provide for the reimbursement of allowable costs and expenses incurred in performing purchases as specified in the 2004 State Homeland Security Grant Program (ARMER); and WHEREAS, the City of Brooklyn Center acknowledges that the funds made available pursuant to this Agreement shall be used only for equipment purchase expenses incurred as described in the Agreement; and WHEREAS, the City of Brooklyn Center acknowledges that authorized purchases per the Agreement are limited to hardware for a microwave point -to -point link, support structure construction, and fiber or other interconnect for the county -wide 800 MHz system and structural and /or communications engineering which shall make up the entire scope of the project; and WHEREAS, the City of Brooklyn Center agrees to follow those guidelines stated in the Agreement with regard to accounting and recordkeeping, payment /funds disbursement, and • reporting as outlined; and WHEREAS, the City of Brooklyn Center agrees to complete the project no later than November 30, 2005, within the terms stated in the Agreement; and WHEREAS, with the migration toward regional 800 MHz radio systems, the City of Brooklyn Center Police Department has the need to communicate with surrounding agencies who are on the 800 MHz system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it authorizes the Mayor and City Manager to enter into the Homeland Security Equipment Grant Agreement with Hennepin County Emergency Preparedness Division on behalf of the City of Brooklyn Center. November 22, 2004 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Contract No. 519204 HOMELAND SECURITY EQUIPMENT GRANT AGREEMENT • BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY EMERGENCY PREPAREDNESS DIVISION This Agreement is made by and between the County of Hennepin, State of Minnesota by and through its Emergency Preparedness Division ( "County" or "Grantor" at 1600 Prairie Drive, Medina, MN 55340) and the city of Brooklyn Center ( "Grantee" at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430). In consideration of the mutual promises set forth below, the parties agree as follows: 1. GRANT AMOUNT AND COMPLETION The County shall grant to the Grantee a sum not to exceed two hundred eighteen thousand, two hundred and forty -one dollars ($ 218,241.00) which funds shall be only for reimbursement of allowable costs and expenses incurred in performing purchases as specified in the County's Application for the 2004 State Homeland Security Grant Program (ARMER) (Attachment A). Authorized purchases (limited to hardware for a microwave point -to -point link, support structure construction, and fiber or other interconnect for the county -wide 800 MHz system and structural and /or communications engineering) shall make up the entire scope of this "Project ". Administrative costs incurred by the Grantee are not eligible for reimbursement via this Agreement. Grantee agrees to complete the Project no later than November 30, 2005 within the terms stated herein. Any material change in the scope of the Project, including time schedule and budget, must be approved in writing by the County. Funds made available pursuant to this Agreement shall be used only for equipment purchase expenses incurred as described in the Application and this Agreement. • 2. ACCOUNTING AND RECORD KEEPING For all expenditures of funds made pursuant to this Agreement, the Grantee shall keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting principles. Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 3. PAYMENT /DISBURSMENT SCHEDULE Grantor will disburse funds to Grantee pursuant to this Agreement, based on copies of invoices, submitted by the Grantee and approved by the Grantor and the State of Minnesota. Invoices may be submitted by the Grantee as they become available. The Grantor submits all invoices received to the State of Minnesota for review and approval. The submittals to the State will occur no less than quarterly and no more than monthly. Subject to verification of adequacy of the Grantee's invoice and approval of consistency with this Agreement, the State will provide funds to the Grantor for reimbursement of the approved expenses. Upon verification that said funds have been deposited in the Grantor's accounts, the • Grantor shall disburse the authorized amount to the Grantee. Page 1 of 5 Contract No. 5192C4 • 4. REPORTING Grantee shall submit on a quarterly basis to the Grantor formal Project reports detailing total grant funds expended and equipment purchased to date. The Grantee shall submit said reports to the Grantor not later than the 15 of January, April, July and October covering the calendar quarter completed with the end of the month preceding the submittal month. Grantee shall also submit to the Grantor a formal Project Completion Report when the Grantee has completed all intended purchases with authorized grant funds. This report shall provide a final accounting as to total grant funds expended, details of equipment purchased and any grant funds remaining unspent for which the Grantee is relinquishing claim. Grantee is encouraged to submit this final report as soon as practicable after the final equipment purchase is made. The final report must be received by the Grantor no later than December 15, 2005. 5. CONTRACTS Grantee shall include in any contract, provisions that require contractors to comply with all applicable state and federal laws and regulations regarding employment and workplace safety. In accordance with Hennepin County's policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. Public Grantees and any contractors or subcontractors performing services as part of this Agreement • shall follow that public Grantee's Affirmative Action policy against discrimination. 6. TERMINATION, CANCELLATION AND ASSIGNMENT This Agreement may be canceled by the Grantor upon sixty (60) days written notice to the Grantee without cause. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work, services, or purchases satisfactorily performed up to the effective date of such cancellation. If the Grantor finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made toward commencement or completion of the activities specified in the Application and this Agreement, notwithstanding any other provisions of this Agreement to the contrary and after written notice and reasonable opportunity to cure, the County may refuse to disburse additional funds and /or require the return of all or part of the funds already disbursed, to the extent such funds were used for purposes other than activities contemplated by this Agreement. This Agreement may not be assigned without the prior written consent of the County. 7. INDEPENDENT CONTRACTOR The Grantee shall select the means, method, and manner of performing the activities herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting the Grantee as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Grantee is to be and shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any • and all personnel of the Grantee or other persons while engaged in the performance of any work or services required by the Grantee under this Agreement shall have no contractual relationship with the Page 2 of 5 Contract No. 5192C4 • County, and shall not be considered employees of the County. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment including without limitation, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the County. The Grantee shall defend, indemnify and hold harmless the County, its officials, officers, agents, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. 8. INDEMNIFICATION The Grantee agrees to defend, indemnify and hold harmless, the County, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them, and /or any party that directly or indirectly benefits from the activities specified in this Agreement, and /or anyone for whose acts and /or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of the Grantee to perform fully, in any respect, all obligations under this Agreement. 9. INSURANCE • In order to protect the County and those listed above under the indemnification provision, the Grantee agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors to do likewise, the following insurance coverage under either a purchased insurance or self- insurance program: Limits 9.1 Commercial General Liability on an occurrence basis with Contractual Liability Coverage: General Aggregate $1,000,000 Products- Completed Operations Aggregate 1,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence — Combined Bodily Injury & Property Damage 1,000,000 9.2 Automobile Liability — Combined single limit each occurrence for bodily injury and property damage covering owned, non - owned, and hired automobiles. 1,000,000 9.3 Workers' Compensation and Employer's Liability: a. Workers' Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. b. Employer's Liability. Bodily Injury by: Accident — Each accident 100,000 Disease — Policy Limit 500,000 • Disease — Each Employee 100,000 9.4 Professional Liability Per Claim and Aggregate 1,000,000 Page 3 of 5 Contract No. 5192C4 • The insurance must be maintained continuously for a period of two years after the termination of this Agreement. The Grantee shall require that any independent contractors utilized under this Agreement furnish certificates of insurance to the Grantee of the insurance coverage listed above, and provide updated certificates as coverage expire. An umbrella or excess policy over primary liability coverage is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the Grantee to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the County upon written request. The Grantee shall not commence work until it and any contractors have obtained the required proof of insurance which clearly evidences required insurance coverage. If the Grantee fails to furnish proof coverage, if requested by the County, the County may withhold payments and /or pursue any other rights or remedy allowed under the contract, law, equity, and /or statute. 10. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 11. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. The Remainder Of This Page Was Intentionally Left Blank • Page 4 of 5 Contract No. 5192C4 e COUNTY OF HENNEPIN GRANTEE, having signed this agreement, and the Hennepin County Administrator having duly approved this agreement on the day of , 2004, and pursuant to such approval, the proper County officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. ATTEST By: County Administrator Date: Approved as to form: By: And: Assistant County Attorney Assistant County Administrator, Public Works • Date: Date: Approved as to execution: By: Assistant County Attorney Date: GRANTEE By: Title: Date: • Page 5 of 5 City Council Agenda Item No. 9b OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Co cil Members rmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: November 18, 2004 Re: Special Meeting on December 6th In response to the Council's direction that it wished to meet as a group to develop a single annual review of my performance as City Manager in 2004, a motion to set a Special City Council for December 6 immediately following the Truth in Taxation Hearing has been placed on the November 22 Agenda. A Special City Council meeting is open to the public. Mr. LeFevere would serve as the recording secretary for the meeting, in addition to serving in his capacity as City Attorney. As I understand the City Council's discussion, the purpose of this Special Meeting would be to create, through majority vote, a single expression of the City Councils evaluation on each of the performance areas described in the form that has been used the past few • years. This change was in response to Council Member Niesen's suggestion that each Council Member not complete an individual form to be individually reported during an evaluation review with me. To accomplish this change in procedure, Mr. LeFevere, serving as the recording secretary for the City Council during the Special Meeting, would record the results of the City's Council's group evaluation and not follow the previous practice of giving an overview of individual City Council Members' results and a general sense of the Council as a group based on those individual evaluations. If this correctly reflects the Council's intent, the setting of a Special Meeting on December 6 will set in motion the following process: - Council Members will receive copies of the evaluation forms for their information prior to the December 6 Special Meeting, but will not be completing and submitting those forms to be provided to the City Manager or to be made part of the Council record developed on December 6th - City Manager will prepare self - evaluation materials for the City Council prior to December 6th - Mr. LeFevere will develop minutes for the December 6 th Special Meeting that will reflect the Council's direction to create a single Council evaluation of the City Manager based on the majority direction during the Special Meeting, this will eliminate the prior practice of identifying individual City Council Member comments and evaluations. 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 If this does not correctly describe the process contemplated by the City Council, please provide direction on Monday evening so that the process will reflect your desires. • • City Council Agenda Item No. 9c y pLl �, BROOKLYN CENTER' n rwa POLICE DEPARTMENT "4 MN MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: November 18, 2004 SUBJECT: Brookdale Sub - station Attached, please find a contract between the City of Brooklyn Center and Brookdale Shopping Center entering in to a space agreement for a police sub - station at the mall. The location of the sub - station will be in the guest services area of the east mall. Officers of the department will use the sub - station to conduct police related business while engaged in activities at the mall, or surrounding commercial district. It is our intent to provide higher police visibility • and accessibility to the businesses and public at the mall, as well as a base of operations for the commercial officers to work from during their shift. Brookdale Shopping Center is providing the space at no charge, and the costs to the police department for phone and data communication lines are estimated at $960.00 a year. This cost has already been figured into the 2005 budget. cc: Laura Goodman, Deputy Chief • Q pLIC £ *BROOKLYN CENTER POLICE DEPARTMENT MN t MEMORANDUM TO: Mike McCauley, City Manager FROM: Laura Goodman, Deputy Chief of Polic DATE: November 2, 2004 SUBJECT: Brookdale Substation Agreement Mike, Charlie LeFevere has reviewed the enclosed agreement. The changes he recommended have either been written in or attached as an addendum. Brookdale is comfortable with the changes as written in and /or added. They will not re -write the contract with the changes, but rather sign the contract as modified. *As such, I need you to initial the changes and sign on the last two pages. When finished, please return it to me so that I can forward it to Brookdale. Let me know if you have any questions. Thanks. • i License Agreement: Space #_63_In -Line # X Kiosk # Other Brookdale Center • LICENSE AGREEMENT This License Agreement ( "License ") provides the terms and conditions between Licensor and Licensee for conducting business at the Shopping Center indicated below. Nothing contained in this License shall be considered as in any way constituting a partnership between Licensor and Licensee. Licensee agrees that it does not and shall not claim at any time any leasehold interest, nor a license coupled with an interest, nor any other interest or estate of any kind or extent whatsoever in any part ofthe Shopping Center. Date Prepared: 8/26/04 I Agent: Robbin Hahn ` Project Number: Shopping Center Name and Address: Brookdale Center, 1108 Brookdale, Brooklyn Center, Minnesota 55430 Phone Number: 763 -566 -3373 Fax. Number: 763 -560 -1827 Licensor Name and Notice Address: Talisman Brookdale, L.L.C. Licensee Namead Notice Addre s �/ L Licensee Trade Name: Brooklyn Center c ol c e D p ment BCPD Substation JMffflrftG96dY& A1 YVI C �v.�¢y 6645 Humboldt Ave N Brooklyn Center, MN 55430 Email:l t1 GdU�t _ Cl broO Y *ca%' , I *. Vn n,e us�� Phone Number: 7631503 -3202 Fax 763 /561 -0717 Fed. ID No. Guarantor Name and Notice Address: Sanre as above Phone Number: Payment Address: Any fees for payments made by Licensee shall be made payable to: Talisman Brookdale LLC. 1108 Brookdale Center • Brooklyn Center MN 55430 In consideration of the mutual promises and obligations contained in this License, the parties agree: 1. Licensor grants to Licensee a non - exclusive License, which is non - transferable by Licensee, freely transferable by Licensor, and revocable at will without cause by only Licensor, for the sole purpose of conducting the following business activities: Licensee to use the space as a police substation to increase police visibility in the mall and to offer officers a location to interview suspects and witnesses (the "Use ') and for no other activity or purpose whatsoever in a location (the "Assigned Location') shown on Exhibit "A" attached to and made a part of this License. Special Provisions: 2. Licensee shall be permitted to conduct the Use in the Assigned Location starting upon the earlier of (a) or (b) September 1, 2004 (the "Commencement Date ") and expiring August 31, 2005 (the "Expiration Date "), unless this License is revoked earlier by Licensor. Licensor may revoke this License at will and without cause, effective immediately upon personal delivery of written notice of revocation to Licensee or Licensee's, employees or agents at the Assigned Location or by U.S. Mail sent Certified, return receipt requested, to Licensee's Notice Address above. The License shall absolutely end on the giving of such notice. 3. Licensee shall not change the Trade Name, and Licensee represents that it has a right to use the Trade Name. 4. Licensee shall pay Licensor for this License, without notice or demand, at the Shopping Center address shown above, or such other location as Licensor may specify, by certified check or money order: (i} NIA ( "Minimum License Fee ") monthly payment N /A% of all gross sales and revenues in excess of N/A ( "Percentage License Fee ") payable by the 10' of the following month. For the purpose ofthis License, "gross sales and revenues" means all sales prices of goods and merchandise sold, leased or charged and the full charges for all services and all other receipts by Licensor within the Shopping Center. ( "Marketing Fee ") Licensor is responsible for build out of office space. Licensee is responsible for payment of monthly phone, internet service, and sign for front window. (iv) N/A ( "Common Area Fee ") payment schedule: (iv) N/A ( "Utilities Fee ") payment schedule: f (v) N/A ( "Other Fee ") payment schedule: I 1 1 • (The Minimum License Fee, Percentage License Fee, Common Area Fee, Utilities Fee, Other Fee and Marketing Fee are collectively referred to herein as "Fees "). Licensee shall follow the visual merchandising directives given to it by Licensor and change the visual merchandising from time to time upon and in accordance with Licensor's request. 1 5. Concurrent with Licensee's execution of this License, Licensee shall deliver a Security Deposit N/A to Licensor's Managing Agent or to the location specified on page 1. The Security Deposit shall be held by Licensor pending the full completion of this License and Licensee's full performance under this License. Licensee acknowledges that if Licensee fails to fulfill any of its obligations under this License, Licensor may use the Security Deposit to satisfy any or all of the fees due and to remunerate others for returns of merchandise or to rectify complaints made by customers of • Licensee. The Security Deposit, or balance thereof, shall be returned to Licensee 90 days after the later of (i) expiration or termination of this License, or (ii) the date Licensee vacates the Assigned Location. Licensor's obligation to return the Security Deposit, or balance thereof, shall be met by delivering payment to Licensee's Notice Address. 6. If Licensee shall fail to make any payment to Licensor when due, Licensee shall pay Licensor a late charge of $150.00 per day, as liquidated damages, in addition to and not in lieu of Licensor's other remedies, for as long as the failure continues. In addition, Licensee shall pay Licensor interest on any overdue amount equal to 4 percentage points above the Prime Rate (as defined below), not to exceed the maximum interest rate allowed by law in the state the Shopping Center is located, from the date the amount is due until it is paid. The Prime Rate shall mean the "reference rate" announced from time to time by The First National Bank of Chicago. 7. Licensee shall deliver to Licensor a weekly written statement of all gross sales and revenues with sales verification, signed by Licensee. By 12:00 p.m. on the Monday following each week, Licensee shall deliver the report to Licensor. If the term of this License is less than one month, Licensee shall deliver to Licensor a written statement of all gross sales and revenues with sales verification signed by Licensee on the last day on which Licensee conducts the Business in the Assigned Location. If Licensee does not deliver the report on time, Licensee shall pay Licensor immediately upon request $50.00 as liquidated damages, in addition to and not in lieu of Licensor's other remedies. S. Licensee shall prepare in accordance with generally accepted accounting practice and keep at Licensee's Notice Address accurate books of account and records of its gross sales and revenues. Licensee's books and records shall be subject to examination and audit, at will and without notice, by Licensor. If there is a deficiency in the Percentage License Fee payable to Licensor, Licensee shall immediately pay Licensor the additional Percentage License Fee owed Licensor and also pay the cost of the examination or audit. 9. Licensor shall not be liable to Licensee for damages or otherwise for any delay or cessation in the start of the Business. The Assigned Location may be relocated at any time by Licensor, and this License may be revoked with or without cause, by Licensor, with no liability in either case to Licensor. Licensee acknowledges that no exclusive rights or use has been granted or given to it by Licensor or Licensor's agent or employee. 10. Licensee shall carry workers mpensation insurance in a s/affild mount and ployer's liability insuranbe in the amount of $1,00 ,000 per accident and disease for each ployee with a $1,000,00 imit fe. Lice e shall carry commercialyeneral liability insuranc hich shall include contractual liabilit ndorsements and shall ha mitumuf $2,0 ,000 for bodily injuries jo or death of any number persons as a result of any occurren and $2,000,000 for prope damage. Acur ce policies shall contain provision that Licensor d Licensee sha ll be given a minima of 10 days written notice the nsurance cor to cancellation temri 'on or change in such i rance. Licensee's policy or polic' shall name Licensor, its errs, subsidiaries anes and Licensee as additi al insureds. Licensee sha 1 deposit certifica s showing s coverage with Licensor pr' to the earlier of the co ent of any constructio by Licensee anywhere in� around the Shog Center the Commencement Date. t such insuran cam rs sed A -VII or better b Best's and shall be authorized to do business !!!!!!in the sta m which the Shopping Cente s located. 79, �at \C�1(�Q 11. Starting on the date Licensee first commences the Business under this License, Licensee shall indemnify and hold Licensor, its managers, employees, agents, contractors, parents, subsidiaries and affiliates harmless from and against any and all claims, actions, liens, demands, expenses and judgments for loss, damage or injury to property or persons resulting or occurring by reason of the Licensee's construction activities under this License, or in any way connected with, the operation of the Business, or otherwise arising from this License or Licensee's activities hereunder, including all costs, expenses and attorney's fees. License shall also inderagify Licensor for all costs, expenses and a omey's fees incurred by Licensor • to enforce this indemnity. A d d La1 co_a te' c • < St'E a ad'8t d (.i, t y3 . 2 12. Licensor shall not be responsible or liable for, and Licensee hereby expressly waives, any and all claims agaiicensor for injur to persons or damage to Licensee's property, regardless of the cause. Licensee's property located anywhere in the Shopping Center shall be there at Licensee's sole risk_ Licensor, its agents, independent contractors and employees shall not be liable for, and Licensee waives, all claims for loss or damage to Licensee's Business or damage to persons or property sustained by Licensee or any person claiming by, through or under Licensee resulting from any accident or occurrence anywhere in, on or about the Shopping Center, including, without limitation, claims for loss, theft or damage resulting from: (i) equipment or appurtenances becoming out of repair, (ii) injury done or occasioned by wind or weather, (iii) any defect in or failure to operate, for whatever reason, any sprinkler, heating or air - conditioning equipment, electric wiring or the installation thereof, gas, water or steam pipes, stairs, porches, railings or walks; (iv) broken glass; (v) the backing up of any sewer pipe or downspout; (vi) the bursting, leaking or running of any tank, tub, washstand, water closet, waste pipe, drain or other pipe; (vii) the escape of steam or water, (viii) water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, doorways, windows, walks or any other place upon or near the Shopping Center, (ix) the falling of any fixture, plaster, tile, stucco or other material; (x) any act, omission or negligence of other licenses or any other persons or occupants of the Shopping Center or of adjoining or contiguous buildings, or owners of adjacent or contiguous property or the public, or the construction of any private, public or quasi- public work; or (xi) any other cause of any nature. To the maximum extent permitted by law, Licensee agrees to operate its Business within the Shopping Center and use any area, part or portion of the Shopping Center to the extent permitted by this License, at Licensee's own risk. 13. If Licensee (a) fails to perform any of the terms, conditions or covenants of this License; (b) becomes bankrupt or insolvent or files any debtor proceedings, or takes or has taken in any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Licensee's property, or makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement; (c) ceases or fails to operate its Business in the Assigned Location either temporarily or permanently; Licensor, besides having the right to immediately revoke this License without serving notice to Licensee, shall have the immediate right to remove Licensee and any persons claiming rights under Licensee and their property from the Shopping Center, lock and bar Licensee and all persons claiming rights under Licensee from doing Business in the Shopping Center, and all other remedies available to Licensor at law and in equity, including but not limited to the recovery of all fees and other sums payable to Licensor under this License. All rights and remedies of Licensor herein or at law are cumulative. 14. Licensee shall not sell, assign, mortgage, pledge, sublicense, grant concessions or transfer this License or any interest therein, without Licensor's prior written approval, which may be withheld at Licensor's sole and absolute discretion. 15. Licensor shall have no personal liability with respect to this License. If a breach by Licensor occurs, Licensee shall look solely to the equity of Licensor in the Shopping Center for the satisfaction of Licensee's remedies. 16. Licensor is or may be a party to certain documents, as amended from time to time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants and others. This License is subject and subordinate to all the provisions in those documents, as they may be amended from time to time. 17. This License contains all the covenants, promises, agreements, conditions and understandings between Licensor and Licensee. There are no other agreements, either oral or written, between them other than those set forth in this License. 18. If either Licensor or Licensee shall institute any action or proceeding against the other relating to the provisions of this License, then the • unsuccessful party in the action or proceeding shall reimburse the successful patty for all reasonable expenses and attorneys' fees and disbursements incurred by the successful party. 19. This License shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. 20. Licensee's right under this License shall be at all times subject to the rights of the Licensor in and to the Shopping Center, Said rights of Licensor include, without limitation, the right to enter the Assigned Location, to relocate the Assigned Location and the right to terminate this License. 2 21. All costs and expenses (including permits or licenses) attributable to any construction by Licensee shall be borne by Licensee. Licensee shall not commence any construction in the Shopping Center prior to the execution of this License or without fast obtaining Licensoe's approval of the location and design. Design criteria for construction under this License are: e a• If the Assigned Location is a kiosk, the kiosk structure shall be limited to counter units with no overhead obstructions that inhibit the visibility of any mall tenant or business activity in the Shopping Center. Counter units shall not exceed 5' -0" in height. Overall height of the kiosk, including signage, shall not exceed 10 feet, subject to Licensoe's approval. b. If the Assigned Location is a kiosk, the kiosk structure, if located in an open floor area, shall not be anchored into the floor or other part of the Shopping Center structure. Common area width of 10' -0" minimum shall be maintained on all sides of the kiosk, subject to traffic flow. C. If the Assigned Location is a kiosk, water service, special HVAC Systems and Fire Sprinkler Protection are not available. HVAC and fire protection systems shall be that which is provided to common areas in the Shopping Center. d. Design criteria for signing, construction, fuiish materials, special equipment and, if the Assigned Location is a kiosk, kiosk size shall be evaluated specifically for each Licensee. Licensee shall submit plans and specifications for Licensoe's review and approval prior to commencement of construction. Pictures of existing units should be provided. C. Licensee shall prepare its plans and perform all work to comply with governing statues, ordinances, regulations, codes and insurance rating boards and apply for and obtain all necessary permits. Licensoe's approval of Licensee's plans shall not relieve Licensee of its obligation to complete all work in accordance with the he License, nor does Licensoe's approval relieve Licensee from complying with laws, rules, regulations and requirements of local governing authorities, nor can Licensoe's approval be relied upon by Licensee as verification of the sufficiency of the plans and specifications for any purpose or for compliance with any legal requirement. Certificates of occupancy and waivers of lien from Licensee's contractors, subcontractors and materialmen shall be filed with Licensor upon completion of work. f. If the Assigned Location is a kiosk, set up and tear down of kiosks must take place when the Shopping Center is not open for business, unless Licensor has agreed with Licensee otherwise in writing. g. All alterations, additions and improvements to the Assigned Location shall become upon completion the property of Licensor. 22. If there are any licenses, authorizations or permits required by any governmental agency or authority for the activity permitted under this License, Licensee shall be responsible for obtaining them. Licensee shall not conduct any unlawful activities in or upon any pail of the Shopping Center or any part thereof. The consumption or sale of alcoholic beverages in, at or from the Assigned Location shall not be permitted. 23. This Section 23 shall o apply if the Assigned Loc bion is not a kiosk. Licensor ¢arc caused or shall cause t mains, condui and other facilities to be prove d to make available [as ap cable, water, sewer said ectricity] to the Assigned Location. Licensor has ' ewise caused or shall cause to a made available a heating d air conditioning system. censee agrees to use and p for the use of such sy m in the • manner prescribed b ,cen sor. Licensee agrees to a and pay for all utilities use m the Assigned Location fr and aft er the Commen ment Date. ed for utilities, it sh be at Licensee's exp ense. censor shall not be liable t If a separate mete rs provided icensee in damages or o erwise, if the utilities or hl id g and air conditioning servic are interrupted or terminat for any cause. If Licensor oes not or elects to disco inue fiiniishing any utilities services, as the case maybe, the Assigned Location for reason Licensee shall obt ' its own utilities or serve as the case may be, to the igned Location. If License shall require natural gas for i normal operation, the na al gas utility service shall a available from the local company through the mains cated in designated areas. I gas work beyond those poAs shall be arranged for Licensee with the gas co ny, and such work shall be a roved by Licensor and perfo ed by Licensee at its expense The parties understand at local gas supplies may U united, and availability of su ient gas to s9r ice the Assigned Location shall be Licensiec�sole responsibility. 24. Licensee sha observe all Operating Ru �s which Licensor may pro ' lgate from time to time, including but not limited to the following: µ Licensees Il conduct the Business i a careful, safe and may inner and shall keep the Assy�'Fed Location and the area ound the Assigned Location in a can and safe conditiFin ccordance with this Licens ,local ordinances and the dirkction of the Manager of the hopping Center and public safe officers. All signage ln upon and about the signed Location must be ap oved by Licensor prior to in illation or placement. All signs lacards, banners, pennan other advertising matt shall be prepared in a profe Tonal manner. Licensee shal display a sign depicting its ap oved Trade Name. Licen e shall not display mercha se on or outside the bounds es of the Assigned Location. a outside areas around an ediately adjoining the signed Location shall be kTt clear at all times by Licens , and Licensee shall not plat or permit any obstructions, bage, refuse, merchandise r displays in such areas. `loading and unloading of go shall be done only at such t es, in the areas and through the entrances designated fo that purpose by Licensor. f garbage and refuse shall be pt in the kind of container sp ifred by Licensor, and shale placed and prepared for llection in the manner and a e times and places specified y Licensor/drawn No loudspeakers, elevisions, phonographs, ra os, flashing lights or o devices shall be used unles pecifically approved by Lice sor, which l may be thdrawn in the sole and a olute discretion of Licens on personal delivery of tten notice to Licensee or Lice see's employeents at Assigned Location. There hall be no auction fire, ptcy or selling -out sor by Licensee. Licensee shall of carry on an or occ portion or operate any meet or equipment whi emits any odor or causes a noise discernible to mall ten , invitees of the g Ce er or other licenses. Lice ee shall not distribute dbills or other advertise matter in the Shopping Cent or on automobiles in a parking areas of the Sh ping Center. Licensee d Licensee's employees shal not park their cars in those po ions of the parking ai red for customer parking y Licensor. If License or Licensee's employees park portions of the parking area d ignated for customer pcensor may, in addition to other remedies, have a car removed at Licensee's pense. Licensee and Licensee' employees and agents sintain a neat and appropr to appearance and dre and if elected by Licensor, s all wear an apron or other atti provided by Licensor whconducting Business in a Shopping CenterL' ensee and Licensee's employe s and agents shall not wear je hile conducting Business in pping Center. 25. Licensee shall at the termination or revocation of this License remove its goods and effects, repair damage caused by such removal and peaceably yield up the Assigned Location clean and in good order, repair and condition. Personal property of Licensee not removed within 48 hours shall become property of Licensor, at Licensor's option. 26. Licensee shall not harm the Shopping Center or any part thereof, commit waste, create nuisance, make any use of the Shopping Center which is offensive in Licensee's sole opinion, nor do any act which would, in Licenser's sole opinion, tend to injure the reputation of the Shopping Center. • Licensee shall not make alterations or additions, nor permit the making of holes in the Shopping Center's walls, partitions, ceilings or floors, nor permit the painting or placing of exterior signs, placards or other advertising media, banners, pennants, awnings, aerials, antennas, or the like in or about the Shopping Center, without the prior written consent of Licensor. Licensee shall comply with all laws, ordinances, orders and regulations affecting the Business and this License. 3 27. Licensee has inspected the Assigned Location, and accepts it "as is" with no representation or warranty by Licensor regarding the condition of the Assigned Location or its suitability for Licensee's Business. Licensor has no obligation to repair any part of the Assigned Location unless the obligation is set forth in this License. 28. Licensee shall operate the Business and remain open to the public at all times designated by Licensor. Licensee shall operate the Business in a • first class manner and shall operate the Business continuously and uninterruptedly while this License is in effect. 29. Licensee shall not cause any hazardous material to be brought upon, stored, kept, used or discharged on or about any part of the Shopping Center. 30. Licensor may enter and/or inspect the Assigned Location at any time. 31. Licensee shall maintain, at its sole cost and expense, the Assigned Location in good condition and make all necessary replacements and repairs to the Assigned Location. In addition to all other remedies of Licensor, if Licensee does not complete its obligations to repair and maintain the Assigned Location or Licensor, in the exercise of its sole discretion, determines that repair or replacement of any portion of the Assigned Location or the Shopping Center is necessary by reason of any act, omission or negligence of Licensee, its agents, employees, guests or customers, then in any such event, Licensor may make, but shall not be obligated to make, such repairs without liability to Licensee for any loss or damage that may accrue to Licensee, its merchandise, fixtures, or other property or to Licensee's business by reason of such repair. Upon completion of any such repair, Licensee shall pay upon demand, as an additional Minimum License Fee, Licensor's costs for making the repairs together with Licensor's administrative costs related thereto, which amount shall equal 1.5 times the total cost of the repair. 32. Licensee agrees not to suffer any mechanic's lien to be filed against the Shopping Center by reason of any work, labor, services, or materials performed at or furnished to the Assigned Location, to Licensee, or to anyone claiming rights through or under Licensee. Nothing in this License shall be construed as a consent on the part of Licensor or subject Licensor's estate in the Shopping Center to any lien of liability under the lien laws of the state in which the Shopping Center is located. 33. The failure of Licensor to insist upon strict performance by Licensee of any of the conditions, provisions, rules and regulations, and agreements in this License, or to exercise any option, shall not be deemed a waiver of any of Licensor's rights or remedies, and shall not be deemed a waiver. 34. licensee represents and warrants that it shall keep the provisions of this License confidential and shall not disclose the provisions to a third party. The parties have executed this License made the day and year first above written. Talisman Brookdale, LLC By: By: Robbin Hahn Title: City rAa R LA Title: Specialty Leasing Manager Date: Date: LICENSEE LICENSOR • If Licensee is a CORPORATION, an authorized officer must sign on behalf of the corporation and indicate the capacity in which he /she is signing. The License must be executed by the president or vice - president, unless the bylaws or a resolution ofthe board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this License. Also, the appropriate corporate seal must be affixed. Copy: Licensee Corporate Specialty Leasing Mall Office 4 • BCPD SUBSTATION LICENSE AGREEMENT— ADDENDUM 1 Paragraph 10— add... Licensee shall maintain all insurance required by law and shall maintain liability insurance in at least the amounts established as the limits on municipal liability by Minnesota Statues, Chapter 466. City of Brooklyn Center Talisman Brookdale, LLC By: By: Michael McCauley Robbin Hahn Title: City Manager Title: Date: Date: BCPD SUBSTATION LICENSE AGREEMENT — ADDENDUM 2 Paragraph 11— add... • Nothing herein shall be deemed a waiver by Licensee of the limitations on liability set forth in Minnesota Statutes, Chapter 466. Licensee will not be obligated to indemnify Licensor in any amount in excess of the limitations on liability set forth in Minnesota Statutes, Chapter 466, less any amounts Licensee is required to pay on behalf of itself, its officers, agents, or employees, for damages arising out of the same occurrence. City of Brooklyn Center Talisman Brookdale, LLC By. By: Michael McCauley Robbin Hahn Title: City Manager Title: �9'P,nty g C',�cwlty T cacinc> l�ita��•• r S� Date: Date: • • City Council Agenda Item No. 9d • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SECTION 9.4 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY MODIFYING BENEFITS FOR CITY RETIREES WHEREAS, on September 8, 1997, the Council adopted the City's Personnel Rules and Regulations by Resolution No. 97 -161; and WHEREAS, due to budgetary cuts and the rising cost of health care insurance the Council finds that it is in the public interest to review the benefits for retiring employees; and WHEREAS, the city may be unable to fund and sustain costs of providing retiree health insurance benefits into the future but can offer alternative means of saving for retirement health care costs such as retirement health savings accounts and other healthcare cost savings plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's Personnel Rules and Regulations, Section 9.4 Benefits for City Retirees is amended as attached. November 22, 2004 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. 9.4 Benefits for City Retirees On August 13, 1990, Brooklyn Center City Council adopted Resolution 90 -166 establishing Retirement Health Insurance Program. Benefits for City Retirees have continued to be approved by Council through the date of adoption of this document. It is in the best interest of the City of Brooklyn Center that retiring employees have available to them at their option a quality health insurance program. Therefore the City established a Retirement Health Insurance Program as follows: '. S e p in the am auiA of °ii° third t h e n „1°+ °a n e k leave e have to their t er-e it-at h t: o� ti d . w__ .._ ___ V� resigna rai� � :,hal l be paid to emp lo ye e s ° Y ho ha b ° 1 a � 1 ° f:. een seeotiv e y Tf .. i:.aV�ev.i Y. iaV vvvu �.ir / Y l v)�crr�l r �t L� di ge f n„n sev s h a ll t b ..11 ,l - u ! • D _�1V1 V{.i.UJV JV YLY' ° 2. Benefits for City Retirees a. Employees Eligible for PERA Retirement All employees eligible for a PERA pension separating employment from the City shall have the option of retaining membership in the City of • Brooklyn Center's employee health and dental insurance plans as specified in MN Statute 471.61, subd.2a. Retirees may retain coverage of elected benefits upon prompt monthly payment of the full cost of all applicable premiums. Retirees may retain coverage until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If-the r etiree de to n ti ° fa ge rl if 1. lahlo an Vl the City's el s, th a dds :,, f fa mil y nl s t r the V �iL sha4l be pa id IA! 3n a —na t b.l y b b the re to the City .� T2,-°„ kl r° „t b. Employees Retiring on or before December 31, 2007 after 25 years of Service with the City of Brooklyn Center Employees who are retiring after twenty -five consecutive years of service with the City of Brooklyn Center and are eligible and receiving a pension from PERA shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the employee will pay the premium until such time as the retiree is eligible to receive a full - retirement annuity under PERA or PERA police. At that time, the City will pay the single - person premium until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue coverage other than single coverage, and • is enrolled in that coverage at the time of retirement and if such coverage is available under the City's policies the additional cost for the coverage • RESOLUTION NO. shall be paid promptly on a monthly basis by the retiree to the City of Brooklyn Center. The City will follow continuation benefits as specified in MN Statute 471.61, subd.2a. if the fetir-ee desires to een4inue the family eever-age and if sueh eover-age i&-av-aiL:b.a under the City p the additi s t r^,. f m;l, ewer-' -age shall b ? pa id ,,, n thl , b the reti to the City of Br- e,,kiy Center: Participation in this proaram shall be closed to persons retiring after December 31, 2007. C. Employees Retiring with Full Unreduced PERA Pension after -10 eonseeutive years of Se with continuous full -time uninterrupted service with the City of Brooklyn Center and who were hired on or before January 1, 1992 Employees, on the day of his/her retirement, who meet eligibility requirements for a full- retirement annuity under PERA or PERA Police without reduction of benefits because of age, disability, or any other reason for reduction shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single - person premium until such time as the retiree is • eligible for Medicare coverage or at age 65, whichever is sooner. eke iVl.11VV des ir e s ° ° ° ava , t l ° shall b paid m o nthly by th re to the City e fB ., Gent If the retiree desires to continue coverage other than single coverage and is enrolled in that coverage at the time of retirement and if such coverage is available under the City's policies. the additional cost for the coverage shall be paid promptly on a monthly basis by the retiree to the City of Brooklyn Center. The City will follow continuation benefits as specified in MN Statute 471.61, subd.2a. In addition, an emplovee aualifvina for this program must have continuous full -time uninterrupted service with the City of Brooklyn Center and be hired on or before January 1, 1992. and empleyed by the City of Brooklyn Center fo th last t n ., „ +;° y ears pr t th e ff- e tiy° an +° o f V V11LV hi ,.° +:,. °m°„+ Employees participate in this program on a voluntary basis. Eligible employee a s{ 7 - tenser -ibed in - p rovis ion above, who beeem disqual • Lzlrrf�r3, i , n., °7 °n+ + . „ .mue pert• ogram a3 Blows: The e m ployee m n,l t t h Qt+ , an ir:av_--ar e. • RESOLUTION NO. '�e� st e.nthe area to whieh the employee has moved. Upe a ppr oval of cizti�.."" by t he City quuaaiacurlvr for -v ° ` employee arld a;biris required by the Vi{.J", LIIL City will make meff(Wy payi:netAs to the employee fefIfferniunns, for- sueh pehey up to the amount paid by the Gity f the ,. h t st si n gle ° °f th n• +. ,'s e»pl3yee -health i i ane plans the tim 6 g2`✓nt. Any ad i3n l mmn au-FA required shall be paid by the re emplo El employees °crccarrgthis option n+ust pfeve reside in u no e ph a nd m V v .,.....ui.. u ..ia«via uv..ivv of vivvuvu tv the City iv llaliugva. Onee uia eli .,, 1 1,., b een r f eev un t>, aabi vim euiyav� City' City' ,,, he ° „1., „ t 1, 1 t' tl, s ba uva iirs uraaiv t rcv- �cicrr-ai -cnv employee of there + th 11 '11 t viaariV�vv a11u, n uivaVUlaVa aV vrlsvi l.aaV �avujJ cu�Ta - vr aaa zav b l� c.TG C[ uiiuva t he p • City Council Agenda Item No. 9e Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ADOPTING THE VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PROGRAM WHEREAS, the City of Brooklyn Center (the `Employer ") has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of the retiree health savings plan (the "Plan") serves the above objectives. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that it adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings program and that the City Manager be and hereby is authorized to execute such amendments to the existing agreement as may be necessary to effectuate participation in the Vantagecare Retirement Health Savings Plan and to execute the Vantagecare Health Savings Plan adoption agreement. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust with the Employer serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The Employer has executed the Declaration of Trust of the City of Brooklyn Center Integral Part Trust in the form of the trust provided by the Employer. BE IT FURTHER RESOLVED, that the Human Resources Director shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, and other documentation. November 22, 2004 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. CHARLES L. LEFEVERE Attornev at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy - graven.com November 22, 2004 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Value Foods Liquor Violation • Dear Mike: On September 30, 2003, a violation of liquor laws, specifically sale of alcoholic beverages to a minor, occurred at Value Foods. The charges against the salesperson resulted in a plea of guilty. State law provides for the imposition of sanctions on licensees for violation of the liquor laws. Sanctions that may be imposed under Minnesota Statutes, Section 340A.415 include license revocation, license suspension for up to 60 days, the imposition of a civil penalty of up to $2,000 for each violation, or any combination of these sanctions. The police department and I have attempted to work out an agreed upon sanction with the licensee. That effort has been unsuccessful. The Council can only impose a sanction after a hearing. The hearing must follow the procedures established under the Minnesota Administrative Procedures Act. The Council can conduct the hearing itself, or appoint a hearing officer to conduct the hearing, make findings, and make recommendations to the Council. It is my impression that it is more common for cities to retain a hearing officer than to conduct such hearings before the City Council. One attorney who acts as a hearing officer for such matters is Karen Marty. She would provide such services at the rate of $100 per hour, which seems very reasonable to me. CLL- 255905v 1 BR291 -233 Mike McCauley Ltr November 19, 2004 • Page 2 of 2 Attached is a resolution authorizing the City Manager to retain Karen Marry and appointing her to conduct the hearings. Please let me know if you have any questions. Very truly yours, Charles L. LeFevere CLL:peb Enclosure • CLL- 255905vl B R291 -233 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING HEARING EXAMINER WHEREAS, on September 30, 2003, a violation of the State liquor law, specifically Minnesota Statutes, Section 340A.503, Subd. 2(1) occurred on the licensed premises of Value Foods at 6804 Humboldt Avenue North; and WHEREAS, under Minnesota Statutes, Section 340A.415, the City is authorized to impose sanctions for such violations after notice and hearing in accordance with the State Administrative Procedures Act; and WHEREAS, the City Council wishes to retain and appoint an independent hearing officer to conduct such a hearing. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City Manager is authorized and directed to retain the services of Karen • Marry as hearing officer to conduct a hearing on the violation referred to above, in accordance with the requirements of law; and 2. Karen Marty is appointed hearing officer by the City Council and authorized to conduct such hearings and to report her findings and recommendations to the Council. November 22, 2004 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. AGENDA CITY COUNCIL WORK SESSION November 22, 2004 Immediately Following Regular City Council Meeting at 7:00 P.M City Council Chambers 1. Draft City Council Calendar for 2005 2. Council Member Carmody: City Council Handbook a. Addition of language regarding materials for council candidates 3. Development Update 4. Miscellaneous 5. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and C cil Members Carmo man, Niesen, and Peppe From: Michael J. McCauley City Manager Date: November 18, 2004 Re: November 22 " Work Session Agenda 1. Draft City Council Calendar for 2005 a. The Draft City Council Calendar for 2005 schedules City Council meetings on the usual 2 " and 4th Mondays of the month. The scheduled February 5 th City Council retreat is included. A date has not been selected for the 2 nd City Council retreat as this is generally selected by the City Council at the February retreat. The practice of scheduling a Work Session is included based on the change made in 2004. Budget Work Sessions are scheduled in similar to past years. A joint meeting with Commission Chairs is set, but no Commission recognition is included in the Draft schedule. 2. Council Member Carmody: City Council Handbook a. Addition of language regarding materials for council candidates i. Council Member Carmody requested discussion of including a written policy -on the provision of materials /information to City Council candidates in the City Council Handbook. This has been a topic of discussion at Council retreats in the past and resulted in past direction from the City Council to not provide Council packets and other materials to City Council candidates. This has reflected a conservation of materials and staff time. The full City Council packet is available for review prior to, at, and after the City Council meeting by candidates (or the general public). ii. Currently, the consensus direction given by the City Council, could be stated as: 1. City Council packets will be prepared and delivered only to sitting Council Members. City Council candidates are welcome to review the public packet available during City Council meetings or in the Administration Department at other times. 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 3 94 www.cityolbrooklyncenter.org 3. Development Update a. Mr. Hoffman and I will update the City Council on recent discussions for the purpose of obtaining City Council direction. 4. Miscellaneous 5. Adjourn City of Brooklyn Center DRAFT 19122104 2005 City Council Meeting Schedule Regular City Council Meetinasry � Special City .Council Meetings Council Chambers`` �. All dates are (Monday unless otherwise noted. City Hall (February 5 (Saturday) 8:30 a.m. Facilitated Retreat EBHC Loft Study/Work Session 6:00 p.m. (March 21 6:30 p.m. Joint Session w /Commission Chairs CR Informal Open Forum 6:45 p.m. May 2 7:00 p.m. Regular Session 7:00 p.m. I Board of Appeal & Equalization CC Work Session immediately following May 16 6:30 p.m. (Continued) Regular Session Work Session w /Auditor and Budget Work Session w /Financial Commission CR Brooklyn Center City Council regularly August (Date to Be Determined) 8:30 a.m. meets the 2nd and 4th Monday each `` Facilitated Retreat EBHC Loft month, unless Monday is a holiday. August 15 6:30 p.m. January 10 Budget Work Session January 24 w /Financial Commission CR February 14 October 3 6 :30 p.m. February 28 Budget Work Session (Enterprise Funds) March 14 w /Financial Commission CR March 28 November 21 6:30 p.m. April 11 Budget Work Session April 25 w /Financial Commission CR May 9 December 5 7:00 p.m. May 23 Initial Truth In Taxation CC June 13 December 12 6:00 p.m. June 27 Continuation Truth In Taxation (if needed) CC July 11 July 25 August 8 August 22 September 12 September 26 October 10 October 24 November 14 November 28 December 12 All dates are subject to change. Call City Hall at 763- 569 -3300 to verify dates and times. Strikeout indicates meeting has been CANCELED. CR — Council /Commission Conference Room located in lower level City Hall CC — Council Chambers located in upper level City Hall EBHC Loft — Earle Brown Heritage Center Loft, 6155 Earle Brown Drive