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2003 01-27 CCP Regular Session
a AGENDA CITY COUNCIL STUDY SESSION January 27, 2003 6:00 p.m. Council Commission Conference Room 1. City Council Discussion of Agenda Items and Questions 2. Brookdale Manor Rental License 3. Miscellaneous 4. Adjourn MEMORANDUM TO: Sharon Klumpp, Assistant City Manager FROM: Brad Hoffman, Community Development Director DATE: January 22, 2003 SUBJECT: Brookside Manor Rental License Brookside Manor Apartment's rental license expired September 30, 2002. Brookside Manor is a three (3) building complex with a total of 90 units. The buildings have five (5) addresses (1300; 1301; 1306; 1307; and 11216 7 h Ave.). Prior to the expiration of the license, the housing inspector performed a thorough inspection of the property. The inspection was performed in July starting on the 1 P h and lasting several days. At the time of the inspection, numerous violations of the City's Housing Code were noted. Many of the violations were minor however, there are major problems that include leaking roofs, firewall penetrations, smoke gaskets and so forth. An extensive list of compliance orders was issued starting in August with compliance dates starting in September. Compliance dates are usually staggered with easily fixed items having a shorter compliance date as opposed to more complex or difficult repairs such as the roof, which requires more time. On September 16 the owners (Roger and Betty Anda) through their attorney appealed the orders issued to them. The appeal was denied because it was not appealed within the time limit set by the ordinance and more importantly it did not stipulate what was being appealed. The ordinance provides for an appeal of the inspectors' orders if the property owners feel there was an incorrect interpretation of the ordinance. On September 17 the Anda Corporation received a second notice /compliance orders. It has been our practice to bring rental licenses before the City Council at the time the applicant is in compliance with Chapter 12. When Brookside Manor's license expired and little work had been performed on the compliance orders, the inspectors posted all of the vacant units. By posting the units, it is a violation of the ordinance to rent those units. Currently there are ten (10) units that are posted and vacant within the complex. In conjunction with the posting of units, the compliance orders were turned over to the City Prosecutor to enforce our ordinance. Since that time, substantial progress has been made with the minor repairs. On January 17 along with Bill Clelland, City Prosecutor and Larry Martin, Building Official and myself met with representatives of the Andas including their attorney. The Andas requested the meeting in an attempt to avoid prosecution and bring the buildings into compliance. Attached is a draft letter of understanding, prepared by Bill Clelland, which has been presented to the Andas as a proposed resolution to their current license dilemma. Before we continue to pursue this agreement, it is necessary the Council concur. Within the agreement, there are two points that cannot be made administratively but rather require Council approval. First, Item 2 would allow the Andas to rent units in a building once that building, in the opinion of the Building Official, is in compliance with the orders. Then, the posting for that specific building would come down (You should note that there are three (3) buildings within the complex and all three (3) have posted units). Second, Item 5 of the agreement commits the City to issuing the Andas a rental license once all of the compliance orders have been address appropriately. Again, only the Council has the authority to issue a license. I believe this agreement resolves the building/maintenance issues the City has with Brookside Manor. Further, the Andas acknowledge the violations and agree to correct them within a specific time frame. Finally, with the resolution and abatement of the problems, the City avoids a potentially cosily legal battle. Monday evening staff would like to discuss this with the Council and receive direction from them relative to this agreement. If the Council agrees with the direction staff has taken, the settlement will be finalized and presented to the Andas for execution. At that time, the agreement in its final form will be brought back to the Council on February I Oth for approval. Attachment LBrad Hoffrfian - BC Anda settlement a µ reement.wpd AGREEMENT OF SETTLEMENT AND RELEASE By this Agreement, the City of Brooklyn Center, a Minnesota Municipal Corporation, its elected and appointed officials employees to ees and agents, hereinafter known collectively p Y g Y as Brooklyn Center, and Roger and Betty Anda, their employees and agents, hereinafter collectively known as Anda, herewith agree to the terms, conditions and provisions by which Anda will comply with certain Compliance Orders requiring repairs to their buildings, known as Brookside Manor. WHEREAS, Anda is the owner of an apartment complex known as Brookside Manor located at 1121, 1300, 1301, 1306 and 1307 67 Avenue N. Brooklyn Center, Minnesota, and WHEREAS, Brooklyn Center served upon Anda a series of Compliance Orders, originally dated 4 September, 2002 and re- issued on _ January 2003, requiring certain repairs to the premises as a condition of renewal of Anda's rental license, and WHEREAS, Anda appealed said Orders on 16 September, 2002, which purported appeal Brooklyn Center asserts is not a proper appeal pursuant to its ordinances, and WHEREAS, Anda's rental license has expired and has not been renewed and because Anda's rental license has expired and not been renewed, certain vacant apartments have been posted as non - rentable pursuant to Brooklyn Center's ordinances, and WHEREAS, Anda wishes to abate all violations and complete all corrective work required b said Orders and to renew their rental license q Y , NOW, THEREFORE, the parties to this agreement, hereby agree as follows: 1. Anda withdraws their appeal of said Compliance Orders issued in September 2002 and waives any appeal with respect to Compliance Orders re- issued in January 2003 and agrees to address and abate each violation and to comply with said Orders fully and completely. Specifically, each violation shall be fully and completely abated and corrected not later than 28 February 2003. 2.. At any time prior to 28 February, 2003 if the Brooklyn Center Building Official certifies that there has been complete correction of violations in a building, according to the Compliance Orders, supra, then such posting, in that building, shall be lifted and such apartments may be rented. 3. While repair of roof flashings, and maintenance of roofs and roof ballast shall be completed not later than 28 February, 2003, the parties agree that Anda will reasonably investigate possible water and mold damage which might have occurred due to the intrusion of water and agrees to ,_Brad Hoffman BC Anda settlement ag reement wpd . Page effect all necessary reapers and remediation thereafter required by Brooklyn Center. 4. If all remediation and corrective work shall have been successfully accomplished not later than 28 February, 2003, then Anda shall qualify for renewal of their rental license. 5. If Anda fully and completely complies with the terms and conditions of this Agreement, Brooklyn Center shall issue Anda their renewal rental license and waives any criminal prosecution and any civil action for all building code and/or housing maintenance code violations to the date of this Agreement. 6. Anda herewith releases Brooklyn Center from any and all claims, causes of action, damages, costs, claims for relief, either at law or in equity, and the like for all building code, and/or housing maintenance and/or rental license actions and/or discrimination claims to the date of this Agreement. Dated this day of January, 2003 Roger Anda Betty Anda Dated this day of January City of Brooklyn Center By Its Includes all persons collectively known as Brooklyn Center Public Copy • CITY COUNCIL MEETING City of Brooklyn Center January 27, 2003 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. January 13, 2003 - Study Session 2. January 13, 2003 - Regular Session 3. January 13, 2003 - Work Session Regarding City Council Orientation b. Licenses C. Approval of Application for Exemption from Lawful Gambling License from the Minnesota Association of Plumbing, Heating, and Cooling Contractors for An Event • on June 2, 2003 • CITY COUNCIL AGENDA -2- January 27, 2003 d. Resolution Authorizing the Transfer of Unclaimed Property From Police Property Storage to the Police Department e. Resolution Calling for a Public Hearing on Proposed Use of 2003 Urban Hennepin County Community Development Block Grant Funds f. Acceptance of Pay Equity Report Indicating that the City is in Compliance with the Local Government Pay Equity Act 8. Planning Commission -Item a. Planning Commission Application No. 2003 -001 Submitted by ISD No. 286 (Brooklyn Center). Request for Special Use Permit and Site and Building Plan approval to construct a 9,000 sq. ft. school bus garage and various other additions to the Brooklyn Center Junior /Senior High School, 6500 Humboldt Avenue North. The Planning Commission recommended approval of this application at its January 16, 2003, meeting. - Requested Council Action: - Motion to approve Planning Commission Application Nos. 2003 -001 subject to . the Planning Commission recommendations. 9. Council Consideration Items a. Resolution Expressing Recognition and Appreciation for the 25 Years of Dedicated Public Service of Carol Holt with the City of Brooklyn Center - Requested Council Action: - Motion to adopt resolution. b. Proclamation Declaring We Care About Kids Month - Requested Council Action: - Motion to adopt proclamation. C. Mayoral Appointments to Housing Commission - Requested Council Action: - Motion to ratify Mayoral nominations. d. Mayoral Appointment to Northwest Hennepin Human Services Council Advisory Commission - Requested Council Action: - Motion to ratify Mayoral nomination. i • CITY COUNCIL AGENDA -3- January 27, 2003 e. Mayoral Appointments to Shingle Creek and West Mississippi Watershed Management Commissions -Requested Council Action: - Motion to ratify Mayoral nominations. f. Resolution Setting the Interest Rate on Special Assessments for 2003 - Requested Council Action: - Motion to adopt resolution. g. Resolution Authorizing the City of Brooklyn Center to Enter into An Agreement With the Minnesota Department of Transportation, Agreement No. 83632, Trunk Highway No. 100 Improvements, State Project No. 2755 -75 - Requested Council Action: - Motion to adopt resolution. 10. Adjournment • I • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 13, 2003 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM 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, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffinan, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Lasman noted there was a typographical error on page two in the December 2, 2002, Truth in Taxation Budget Hearing minutes. Deputy City Clerk Maria Rosenbaum will amend the minutes to indicate the last twenty years instead of the next twenty years on page two of the December 2, 2002, Truth in Taxation Budget Hearing minutes. Council discussed City Council Agenda Items 9a, Planning Commission Application Nos. 2002 -018 and 2002 -019 Submitted by McDonald's Corporation; 8c, Approval of Secondhand Dealer License for SFK, LLC dba CD Warehouse, 6072 Shingle Creek Parkway; 8d, Resolution Designating Depositories of City Funds; 1Of, Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2003; 10h, Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflict of Interest and Misuse of Positions; 10k, Resolution Authorizing Memoranda of Understanding with Labor Unions for Cafeteria Contribution and Amending Employee Pay Plan for 2003; and Economic Development Authority Agenda Item 4b, Proposed Special Legislation Regarding Tax Increment Financing District No. 3 and Smart Growth Opportunity Site. Councilmember Niesen informed the Council that she questioned why the Council annually signed the Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflict of Interest and Misuse of Positions, and stated it was her understanding that the Council only controlled the City Manager position and asked if the wording applied to actions only on his part and if he would be signing the resolution. 01/13/03 -1- i Also, she questioned the history of this action and how it related to the City Charter. Mayor Kragness and City Manager Michael McCauley informed Councilmember Niesen that this is an annual resolution and previous Council Members and/or citizens originated this resolution. Councilmember Lasman suggested that the resolution be adopted and that the City Council request to discuss this item at its joint meeting with the Charter Commission on January 22, 2003. It was noted that City Council Agenda Item 9a had been requested to be withdrawn from the agenda. Councilmember Niesen requested to have a list of the Brooklyn Center Neighborhood Advisory Groups. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:34 p.m. Motion passed unanimously. City Clerk Mayor 01/13/03 -2- • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 13, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Pe e. Also r pp s present were City Manager Michael McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Kenneth Ewer, All Around Transportation, addressed the Council regarding taxicab insurance • coverage and questioned why the insurance limits in Brooklyn Center are so high. Michelle Reinke, Airport and Town Taxi, requested that the Council consider licensing taxicabs and drivers separately. Mayor Kragness informed Mr. Ewer and Ms. Reinke that staff will research these issues and report back to them. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the informal open forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered the invocation. 3. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a Ceremonial Oath of Office to Mayor Kragness, Councilmember Carmody, and Councilmember Niesen. • 01/13/03 -1- 4. 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 7:03 p.m. I 5. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 6. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 7. COUNCIL REPORT Councilmember Lasman reported that she attended the Special Events Committee Meetings on December 19, 2002, and January 9, 2003; and the Legislative Breakfast on January 4, 2003. She informed the Council that the Northwest Hennepin Human Services Council had created a Regional Diversity Calendar and that it is available for five dollars from the Northwest Hennepin Human Services Council. . Councilmember Peppe noted that the City has saved money due to the lack of snow this year. Councilmember Niesen reported that she attended the Legislative Breakfast on January 4, 2003. Mayor Kragness reminded the Council and citizens that there would be D.A.R.E. Graduations on January 28, 2003, at Evergreen Park Elementary School, January 30, 2003, at Northport Elementary School, and February 4, 2003, at Brooklyn Center High for Earle Brown Elementary School. Mayor Kragness reported that she attended the Legislative Breakfast on January 4, 2003, and an Association of Rental Management (ARM) meeting. She discussed that Detective Steve Karris presented information relating to gangs and wanted citizens of Brooklyn Center to know that there is gang activity in Brooklyn Center and that people are encouraged to call the Police Department if they suspect anything. Mayor Kragness informed the Council that she had received three letters she would like to share. One letter was from CEAP thanking the City for donations during the Holidays and to inform that they continue to accept clothing donations after the Holidays and have reopened the Clothing Closet. The second letter was from the Minnesota Safe and Sober Traffic Advisory Commission letting her know that Brooklyn Center Police Chief Scott Bechthold had nominated Scott Nadeau and Scott Nadeau had nominated Darrell Kortan to receive the 2002 Officer of the Year Award. S 01/13/03 -2- • Neither of the nominees received the award but the Commission wanted the City to know it was a tough decision and that they felt all officers deserved an award. The third letter was from the Secretary of the Air Force requesting the City to honor persons in Brooklyn Center serving in the Reserves. Mayor Kragness reported that the City's Director of Fiscal and Support Services Doug Sell is in the Air Force and that the Council is appreciative of his service. 8. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda with agenda item 9a, Planning Commission Item, withdrawn. Motion passed unanimously. 8a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the minutes of December 2, 2002, Truth in Taxation Budget Hearing, and the December 9, 2002, study and regular sessions. Councilmembers Carmody and Niesen abstained. Motion passed. 8b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. BOWLING ALLEY Earle Brown Bowl Lanes 6440 James Circle GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69' Avenue North Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Brooklyn Amoco 6044 Brooklyn Boulevard Christy's Auto Service 5300 Dupont Avenue North Holiday Stationstore, Inc. 420 66 Avenue North Humboldt Texaco 6840 Humboldt Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Transit 6845 Shingle Creek Parkway Osseo Brooklyn Bus Company 4435 68 Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard Speedway SuperAmerica 1901 57 Avenue North Speedway SuperAmerica 6545 West River Road Winner Gas 6501 Humboldt Avenue North • 01/13/03 -3- I MECHANICAL Practical Systems 4342B Shady Oak Road, Hopkins United Heating /C Inc. g 1295 Hackamore Road, Medina PUBLIC DANCE Earle Brown Bowl Lanes 6440 James Circle RENTAL Renewal: 131272 nd Avenue North Curtis Cady 1543 Humboldt Place North Kwi Ha Wong 7111 Riverdale Road Allan & Vicki Olson Initial: 3 824 Burquest Lane Bradley Fritz 5101 Eleanor Lane North Michael Potaczek 5417 Fremont Avenue North Walter Cooper 5830 James Avenue North Vincent Okonkwo TAXICAB Holly Beck - Town Taxi 4401 Irving Avenue North, Minneapolis D'Arcy McFlyea - Town Taxi 1016 19 Avenue SE, Minneapolis James Ogilvie - Town Taxi 14605 34' Avenue, Plymouth Anthony Nehotte - Airport Taxi 5290 Spring Lane, Minnetonka Abdullah Lalli - Airport Taxi 5817 Shepard Circle, Champlin Timothy Crandall - Pioneer Taxi 6114 Dupont Avenue North Todd Erickson - Pioneer Taxi 19011 Pascal Street Thomas Petersson - Pioneer Taxi 4285 Ximines Lane, Plymouth Jason Meyer - Pioneer Taxi 8800 Humboldt Avenue North, Brooklyn Park TOBACCO RELATED PRODUCT A A Tobacco 6300 Brooklyn Boulevard American Legion Post 630 6110 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69` Avenue North Brooklyn Center Municipal #1 5625 Xerxes Avenue North Brooklyn Amoco 6044 Brooklyn Boulevard Cub Foods 3245 County Road 10 E.B.T. General Store 6120 Earle Brown Drive Earle Brown Bowl Lanes 6440 James Circle Hilton Hotel 2200 Freeway Boulevard Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore #292 420 66` Avenue North Humboldt Texaco 6840 Humboldt Avenue North 01/13/03 -4- • TOBACCO RELATED PRODUCT - CONTINUED, J.A. Tobacco 5625 Xerxes Avenue North Perfect Car Wash 6849 Brooklyn Boulevard Speedway SuperAmerica 6545 West River Road Speedway SuperAmerica 1901 57 Avenue North T.G.I. Friday's 2590 Freeway Boulevard Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Value Food 6804 Humboldt Avenue North Walgreen Company 6390 Brooklyn Boulevard Winner Gas 6501 Humboldt Avenue North 8c. APPROVAL OF SECONDHAND DEALER LICENSE FOR SFK, LLC DBA CD WAREHOUSE, 6072 SHINGLE CREEK PARKWAY A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve secondhand dealer license for SFK, LLC dba CD Warehouse, 6072 Shingle Creek Parkway. Motion passed unanimously. 8d. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS RESOLUTION NO. 2003-01 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8e. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2000-20, CONTRACT 2000 -E, BROOKLYN BOULEVARD ENHANCEMENTS RESOLUTION NO. 2003-02 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2000- 20, CONTRACT 2000 -E, BROOKLYN BOULEVARD ENHANCEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember . Carmody. Motion passed unanimous) • Y P Y 01/13/03 -5- DRAFT 8f. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 • ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2001 -01 02 AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO, 2003-03 Councilmember Lasman introduced the following esolution and moved its adoption: g p RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8g. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB BOOTH AT THE DUOOS BROS AMERICAN LEGION POST 630 • RESOLUTION NO. 2003-04 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL - TAB BOOTH AT THE DUOOS BROS AMERICAN LEGION POST 630 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. I • 01/13/03 -6- DRAFT • 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NOS. 2002 -018 AND 2002 -019 SUBMITTED BY MCDONALD'S CORPORATION. REQUEST FOR A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO MODIFY THE ORIGINAL PLANNED UNIT DEVELOPMENT APPROVAL AND AGREEMENT TO BE ALLOWED TO CONSTRUCT AN OTHERWISE NON - PERMITTED CONVENIENCE FOOD RESTAURANT AT THE SOUTHEAST CORNER OF 66 AND CAMDEN AVENUES NORTH (APPLICATION NO. 2002 -018); AND A REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 4,300 SQ. FT., 90 SEAT MCDONALD'S RESTAURANT AT THE SOUTHEAST CORNER OF 66 AND CAMDEN AVENUES NORTH (APPLICATION NO. 2002 -019). THE PLANNING COMMISSION RECOMMENDED DENIAL OF THESE APPLICATIONS AT ITS DECEMBER 12, 2002, MEETING BY ADOPTING PLANNING COMMISSION RESOLUTION NO. 2002-05. - RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NOS. 2002 -018 AND 2002 -019 SUBMITTED BY MCDONALD'S CORPORATION. This item was withdrawn from the agenda. • 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ED NELSON FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Kragness expressed thanks to Ed Nelson for his public service on the City Council. RESOLUTION NO. 2003-05 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ED NELSON FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. • 01/13/03 -7- DRAFT 10b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF • TIM RICKER FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Kragness expressed thanks to Tim Ricker for his public service on the City Council and presented him a certificate. RESOLUTION NO. 2003-06 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TIM RICKER FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. loc. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE HOLLY SUNDAY ACTIVITIES Mayor Kragness read the resolution expressing appreciation for the gift of $2,000 from the Brooklyn Center Lions Club in support of the Holly Sunday activities. • RESOLUTION NO. 2003-07 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE HOLLY SUNDAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10d. SELECT PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested ratification of Kay Lasman as Mayor Pro Tem and Bob Peppe as Acting Mayor Pro Tem. A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify Kay Lasman as Mayor Pro Tem and Bob Peppe as Acting Mayor Pro Tem. Motion passed unanimously. 01/13/03 -8- DRAFT • 10e. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness read the following names for those who were to be recognized for serving on City Advisory Commissions: Nicole Bauemschmidt, NWHHSC Advisory Commission 11/26/01-12/31/02 Kathleen Carmody, Housing Commission 5/10/99 -12/31/02 Dennis Snook, Housing Commission 1/24/00 - 12/31/02 Michael VonDeLinde, Housing Commission 3/9/98 - 8/30/02 RESOLUTION NO. 2003-08 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Councilmember Carmody abstained from the vote. Motion passed. 10L MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE • AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES FOR OTHER ORGANIZATIONS FOR 2003 Mayor Kragness requested ratification of the following to serve as Liaisons to City Advisory Commissions and as City Representatives for 2003: Financial Commission Bob Peppe Housing Commission Kathleen Carmody Regional Human Rights Coalition Kay Lasman Park and Recreation Commission Diane Niesen Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Bob Peppe League of Minnesota Cities Kathleen Carmody North Metro Mayor Association Myrna Kragness Association of Metropolitan Municipalities Diane Niesen Brooklyn Center Special Events Committee Kay Lasman Brooklyn Center Special Events Committee (Earle Brown Days Committee) Kathleen Carmody Councilmember Niesen asked if these positions rotate and for an explanation of the Association of Metropolitan Municipalities. Mayor Kragness stated that yes, the positions do rotate, and that the Association of Metropolitan Municipalities is a commission that gets together to discuss and bring • forward Legislative issues. 01/13/03 -9- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify the above • listed nominations. Motion passed unanimously. log. MAYORAL APPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Kragness requested ratification of her nominations to the following City Advisory Commissions: Financial Commission Timothy Elftmann 5301 Howe Lane Donn Escher 3107 65th Avenue North Gavin Wilkinson 7221 Willow Lane North HousinLy Commission Mary Barrus 5441 Camden Avenue North Judy Thorbus 6265 Brooklyn Drive Park and Recreation Commission Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road Plannine Commission • Graydon Boeck 5601 Indiana Avenue North Sean Rahn 5740 Irving Avenue North Dianne Reem 6225 Chowen Avenue North Tim Willson 7007 Dallas Road Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North Councilmember Niesen questioned what the attendance requirements are for a commission member; and how the vacancies are advertised. Mayor Kragness informed that if a commissioner is unexcused three times they would be replaced; and that the vacancies are placed on the City's website, in the City's Newsletter, and in the local newspaper. Mayor Kragness discussed that the City Council holds a Commission Recognition Event in April to acknowledge e t the t has been not cknowledg and express thanks to the commission members. In the as even o b P well attended. She encouraged all commission members to attend the event to be acknowledged and thanked for all the service they provide while serving on a commission. A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify the above listed nominations. Motion passed unanimously. 01/13/03 -10- DRAFT • 10h. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS Councilmember Niesen wanted it noted that she would like to discuss this item with the Charter Commission and that she is not comfortable with things being approved just because they have been done so in the past. RESOLUTION NO. 2003-09 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10i. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER • Councilmember Niesen questioned if the City had an alterative newspaper. Mayor Kragness discussed that a few years back the City did have an alternative; and City Manager Michael McCauley informed that the City could use the Star and Tribune; however, the Star and Tribune is more expensive. Councilmember Niesen discussed that she has an issue with the current official newspaper not being delivered to all areas in City of Brooklyn Center; and that she believes that everyone should receive the local newspaper. Mayor Kragness informed that there are residents who wish not to receive the local newspaper. Councilmember Niesen questioned if an article could be printed in the City's Newsletter to inform residents that they can contact the local newspaper and request delivery service. Mr. McCauley will have staff check into this issue; and that an article could be put in the City's Newsletter once staff has researched the options for delivery service. RESOLUTION NO. 2003 -10 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER • 01/13/03 -11- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Carmody. Motion passed unanimously. 10j. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP Councilmember Niesen questioned if this was a paid position and why the City Manager would need to be appointed to this group. Mr. McCauley informed that this is not a paid position and that Jim Glasoe attends most of the meetings. RESOLUTION NO. 2003-11 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10k. RESOLUTION AUTHORIZING MEMORANDA OF UNDERSTANDING • WITH LABOR UNIONS FOR CAFETERIA CONTRIBUTION AND AMENDING EMPLOYEE PAY PLAN FOR 2003 i Mr. McCauley discussed that this resolution would authorize the City Manager to enter into Memoranda of Understanding regarding the City's contribution to the City's Cafeteria Plan for employees represented by Collective Bargaining Agreements on an interim basis pending final agreement of all terms and conditions governing the employment contracts for employees represented by labor unions in the year 2003 at the level of $515 per month per employee; and amends the 2003 Pay Plan to provide that non - organized fulltime employees receive a contribution of 515 per month effective January 0 03. $ p 1, 2 �'Y RESOLUTION NO. 2003-12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MEMORANDA OF UNDERSTANDING WITH LABOR UNIONS FOR CAFETERIA CONTRIBUTION AND AMENDING EMPLOYEE PAY PLAN FOR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. • 01/13/03 -12- DRAFT 101. RESOLUTION DIRECTING REVIEW OF HOUSING POLICIES AND • ENFORCEMENT OF AGREEMENT Mr. McCauley discussed that the Council requested that a resolution be prepared directing the City Attorney to review the City's housing revenue bonds and tax credits and to have a report provided on suggestions and recommendations on how to improve the City's policy or future agreements to ensure that developers are held to comply with the requirements of bond or tax credit documents. Councilmember Peppe requested that the City Council discuss this issue at the March 3, 2003, City Council Retreat. RESOLUTION NO. 2003 -13 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DIRECTING REVIEW OF HOUSING POLICIES AND ENFORCEMENT OF AGREEMENT The motion for the adoption of the foregoing resolution_ was duly seconded by Councilmember Lasman. Motion passed unanimously. 10M. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC • WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 Mr. McCauley discussed that this resolution would approve a contract with Local 49 (Public Works Maintenance) for the calendar year 2003; and that the authorized wage and benefit adjustments are not to exceed the maximum contained in the contract according to the schedule that commences January 1, 2003. RESOLUTION NO. 2003-14 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. • 01/13/03 -13- DRAFT 11. ADJOURNMENT • Mr. McCauley noted that the City Council would be meeting for a Work Session following the adjournment of the Economic Development Authority (EDA) meeting. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 7:41 p.m. Motion passed unanimously. City lerk or Ma tY Y • 01/13/03 -14- 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 ORIENTATION WORK SESSION JANUARY 13, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for new Council Member orientation and was called to order by Mayor Myrna Kragness at 8:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, and Deputy City Clerk Maria Rosenbaum. Mayor Kragness discussed that the City Council meets for a goal setting session every year and that this year's session will be on August 23, 2003, 8:00 a.m. at the Earle Brown Heritage Center Loft. • She informed that the City Manager would provide updates on the status of the adopted 2003 City Council's goals throughout the year. Councilmember Carmody requested that the City Council discuss code enforcement at a Work Session before the summer sweep starts. City Manager Michael McCauley informed that the City Council has a work session scheduled on February 18, 2003, and that this item could be placed on that agenda. Mayor Kragness discussed that the City Council holds Study Sessions before Regular City Council meetings. This gives the Council an opportunity to ask questions about items that are on the agenda. If a Council Member has an item that they would like addressed before the Study Session they are to contact Mr. McCauley. Mr. McCauley informed that the agenda items are mostly staff driven and that if a Council Member would like to have an item placed on an agenda they are to contact him. No Council Member is to make requests from staff. Mayor Kragness discussed that the protocol during meetings is to have everything done by the Mayor. She informed each Council Member that they have a responsibility of contacting persons for Invocations and that she has a list of the dates assigned and will provide to each Council Member. • 01/13/03 -1- DRAFT Councilmember Lasman suggested getting a letter out to all churches in Brooklyn Center regarding • requests for Invocations. Mayor Kragness asked if Council Members are not able to attend a Commission meeting to contact her and she will try attending the meeting on their behalf. Mayor Kragness reminded the Council of the Facilitated Retreat scheduled for March 3, 2003, 3:00 p.m. at the Inn of the Farm Sunroom. Mr. McCauley suggested that the newly elected Council Members attend the Newly Elected Officials Conference. Councilmember Niesen stated that she will be attending; and Councilmember Carmody will consider attending the Experienced Elected Officials Conference. Mr. McCauley discussed that the City is a Home Rule Charter and discussed the difference between Statutory and Home Rule Charter. He presented information on the Open Meeting Law, data practices, conflicts of interest, and the City Funds. MISCELLANEOUS Council discussed budget issues. Mr. McCauley informed the Council that staff had been asked to delay capital expenditures and that an overview of all programs is underway. Council discussed the possibility of closing the City's skating rinks. It was the consensus of the • Council to have the skating rinks closed if the weather gets warm and causes the ice to need repair before February 17, 2003. Mayor Kragness informed that she is discussing funding for purchasing defibrillators with the Rotary and Lions Clubs. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the work session at 9:42 p.m. City Clerk Mayor 01/13/03 -2- DRAFT • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 22, 2003 V 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 January 27, 2003. MECHANICAL Opies Plumbing, Heating, A/C 405 Smith Street South, Eden Valley RENTAL Renewal: 5818 Humboldt Avenue North Richard Olson • 1537 Humboldt Place North Kwi Ha Wong, Suburban Properties 4806 Twin Lake Avenue Gregory Young 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 • City Council Agenda Item No. 7e BROOK �R40KLYN CElyr YN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Clerk Sharon Knutson FROM: Scott Bechthold, Chief of Police DATE: January 17, 2003 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle Application) — MNAssociation of Plumbing, Heating, Cooling Contractors • On January 6, 2003, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the MN Association of Plumbing, Heating, Cooling Contractors. This application is for a raffle to be held at 2:00 pm at their offices located at 6300 Shingle Creek Pkwy, Suite 275 on June 2, 2003. The prize will be a 2003 Harley Davidson motorcycle. Tickets will be sold Statewide at $50 per donation with a maximum donation of $1,000. Proceeds will be going into a nonprofit foundation, the PHCC Foundation of MN, which is an educational foundation. This application has been approved and will be returned to the MN Association of Plumbing, Heating, Cooling Contractors representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. • SB:kh DEC -03 -2002 15:55 GAMBLING CONTROL BOARD 6516394073 P.01f08 . 1 Pagel of 2- 3/01 Minnesota Lawful Gambling For Board Use Only LG220 - Application for Exempt Permit Fee ` $25. F. Paid • Organization Information Check No. Organization name Previous lawful gambling exemption number MINNESOTA ASSOCIATION OF PLUMBING- HEATING- COOLING CONTRACTORS, INC. Street 6300 SHINGLE CREEK city State/Zip Code County IMN PKWY, STE 275 BROOKLYN CENTER 55430 HENNEPIN Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO DAVID RADZIEJ (763) 569 -0891 Name of treasurer Daytime phone number of First name Last name treasurer. RICK MICHAELSON (218) 847 -7453 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran [X] Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter Indicating income tax exempt status ® Certificate of Good Standing from the Minnesota Secretary of State's Office [] A charter showing you are an affiliate of a parent nonprofit organization ❑ Proof previously submitted and on file with the Gambling Control Board • Gambling remises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) MINNESOTA PHCC OFFICF Address (do not use.PO box) City State0p Code County 6300 SHINGLE CREEK PKWY STE 275 BROOKLYN C ENTE R MN 5543(1 HFUN PIDTKI Date(s) of activity (for raffles, indicate the date of the drawing) JUNE 2, 2003 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: 0 -Bingo 0 Raffles (cash prizes may not exceed $12,000) ❑ 'Paddlewheels ❑'Pull -Tabs ❑ `fipboards 'Equipment for these activities must be obtained from a licensed distr ibutor. This form will be made available in Your name and and your organization's the following: Board members, staff of the aftemative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires that they have access to the information; upon request The information requested when received by the Board. Ali the other on this form (and any attachments) will be information that you provide will be private the Minnesota n ey General; the Pubic Safety; used'by the Gambling Control Board data about you untlthe Board issues your the Minnesota a A Aft ttorrney ( Board) todeterrnine your qualifications to permit. When the Board issues your Minnesota Commissioners of Administration, Finance, and Revenue; the be involved in lawful gambling activities in permit. all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supplythe information requested; however, applying foryour perrnitwill become public, international gambling regulatory agencies; if you refuse to supply this Information, the if the Board does not Issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal law to have access to the information; refuse to issue you a permit. If you supply private, with the exception of your name individuals and agencies for which law or • the information requested, the Board wig and your organization's name and address legal order authorizes a new use or sharing be able to process your application. which will remain public. Private data aboutyou are available only to of Information after this Notice was given; our consent with and anyone y I • DEC -03 -2002 15.56 GAMBLING CONTROL BOARD 6516394073 P.02%08 LG220 - Application for Exempt Permit Page 23mi Organization Name R Local Unit of Government Acknowledgment • If the gambling premises Is within city limits, the If the gambling premises is located In a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city Is taking on this application. the county is taking on this application. n The city approves the application with no The county approves the application with no LJ waiting period. walling period. ❑ The city approves the application with a 30 day The county approves the application with a 30 day p eriod , a nd w B o a rd to iss waiting p , a allo the oa s a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. City). Q The county denies the application. The city denies the application. 1...1 Print name` cityh ��'�� Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Date • Date J Z TOWNSHIP: On behalf of the township, I acknowledge that the organtzatlon Is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349213, subd. 2)] Print name of township (Signature of township official acknowledging applicatlon) Tale Date f ! Chief Executive Officer's Signatur The information provided in this applicatio is com d acc to the best of my knowledge. Chief executive officer's signature V Name (please print) DAVID RADZ I EJ I Date 12 f 04 / 2 Mail Application and Attachments + At least 45 days prior to your scheduled activity date send: • the completed application, if your application has not a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota "), local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 MINNESOTA SECRETARY OF STATE 1571 T CORPORATION ANNUAL REGISTRATION • _-_�$° Aii nnesota Statutes Chapter 317A Iust be fled b y December 31 -- 2402 No fee is due READ i ST-RUC - 11ONS ON BACK BEFORE COMPLETING TINS FOR-N-1 i ---- . . Minnesota Association of Plumbing - Heating- Cooling 6300 Shingle Creek Pkwy #275 Brooklyn Center MN 55434 -2124 CURRENT INFORMATION ON FILE: 1. Charter#: D -411 orpo rat e Name: - Minnesota Association of Plumbing- Heating - Cooling I Registered Agent / Registered Office Address NONE q # Brooklynn�entee,rreek Pk 55430 -2124 4. N ame and Address of the Corporate President: Name: DAVID RADZIEJ, EXECUTIVE DIRECTOR Address: CAMF AS ARnvF City: State: Zip: 5. Does this corporation own, lease or have any financial interest in agricultural land or land capable of being fanned? Yes X X No 6. ?game and daytime telephone number and/or e -mail address of contact person for the corporation: Name: DAVID RADZIEJ 763 569 -0891 Ext. E- NlailAddress: david @rr.innesotaohcc.ora NOTICE.: Failure to file this form by December 31 of this year will result in the dissolution of this corporation without further notice from the Seeretar}• of State, pursuant to I'VEnnesota Statutes, section 317A.823, subdivision ?, paragraph (b). ':e. ;on5t Cr =ainzt Re >. fiG? City Council Agenda Item No. 7d Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE TRANSFER OF UNCLAIMED PROPERTY FROM POLICE PROPERTY STORAGE TO THE POLICE DEPARTMENT WHEREAS, on October 15, 2000 a large amount of computer equipment was seized in a felony theft arrest outside of Office Depot; and WHEREAS, the suspect had over $10,000 in computer - related stolen merchandise located in a rented van as well as stolen merchandise stored in two hotel rooms; WHEREAS, there were no receipts or stickers to indicate where the merchandise was stolen from; and WHEREAS, pursuant to Chapter 2 of the City ordinances of the City of Brooklyn Center, the City Council can authorize the appropriation of said property for City use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the property is hereby declared abandoned and unclaimed. • BE IT FURTHER RESOLVED that the City Manager is hereby directed to transfer this property to the Police Department. 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. • � CENrF 0 BROOKLYN CENTER POLICE DEPARTMENT r POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: January 8, 2003 SUBJECT: Disposition of Property in Evidence The police department is requesting that property in evidence (Case Number 00- 19134) from unknown victim(s) be converted to police use, as referred to in Chapter 2, Section 2 -105: Public Sale of Unclaimed Property. • Th e following items are requested: ➢ Home Sentinel Video Surveillance System (3) $525 total ($175 ea.) ➢ Home Sentinel Wireless Security Camera and Receiver (3) $300 total ($100 ea.) ➢ Memorex Cassette Recorder (4) $120 total ($30 ea.) ➢ Palm VII Organizer (1) $108.88 ➢ HP Premium Inkjet Transparency Film Packages (15) $629.85 total ($41.99 each) ➢ HP Inkjet Print Cartidges Black HP51645A (40) $1,199.60 total l ($29.99 each) SB /ed • i I • City Council Agenda Item No. 7e Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 43 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its estimated allocation for the 2003 Urban Hennepin County Community Development Block Grant (CDBG) Program is $234,516 based on the City's 2002 CDBG allocation; and WHEREAS, a public hearing regarding the proposed use of 2003 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: • 1. A public hearing on the proposed use of 2003 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 24, 2003, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2003 Urban Hennepin County Community Development Block Grants funds in the City's official newspaper not later than ten days prior to February 24, 2003. 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. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: January 22, 2003 SUBJECT: Resolution Calling for a Public Hearing on Proposed Use of 2003 Urban Hennepin County Community Development Block Grant Funds Hennepin County has notified the City of Brooklyn Center that Congress has not yet approved the fiscal year 2003 HUD budget, which includes 2003 Community Development Block Grant (CDBG) funding. Congress is expected to approve the 2003 budget sometime in January but until this is accomplished, Hennepin County has directed municipalities to use the 2002 CDBG allocation for planning purposes. Based on past experience, the 2003 CDBG allocation will probably not vary more than a few thousand dollars from the 2002 allocation. The City's 2002 CDBG allocation was $234,516. Brooklyn Center is one of 43 Hennepin County cities participating in the Urban Hennepin County CDBG program. In this program, Federal dollars from the Department of Housing and Urban Development (HUD) flow to the County and are dispersed to the 43 participating cities. The 2002 CDBG allocation for the entire County was $3,525,000. j The Federal authorizing statute for the CDBG program requires that each funded activity meet one of three national objectives: benefiting low and moderate income persons, preventing or eliminating slums and /or blight and meeting urgent community needs. The Federal statute also specifies that each grantee must ensure at least 70% of the CDBG expenditure during the program year must be used for activities benefiting very low and low income persons. In the past, the County has managed and met this requirement at the County level and individual cities did not have to meet the 70% requirement at the local level. Due to an increase in the amount of funds allocated and expended on activities removing or preventing slums or blight by cities, the County could no longer ensure that it could meet the statutory requirement. Each City has to meet this requirement at the local level. If the 2002 allocation amount is used, meeting the 70% requirement means that $164,161 of the estimated $234,516 allocation must be expended on programs and services directly benefiting low income persons. Low income persons are defined as persons with incomes ranging from 50% (very low income) to 80% (low income) of the median household income in the Minneapolis /St. Paul metropolitan area as defined by HUD. As an example, a four person household earning $39,350 annually would be defined as a very low income household and a four person household at $54,400 income annually is defined as low income. 4. Allocation of $24,516 for rehabilitation of private property. This program provides for rehabilitation and repair of single family homes of low income households. The money is • provided in the form of a loan which would be repaid when the house is sold, or at the end of MEMORANDUM. • January 22, 2003 Page 2 SUMMARY OF CITY OF BROOKLYN CENTER 2003 CDBG PROGRAM RECOMMENDATIONS 1. Allocation of $175,000 for Shingle Creek Tower Project. In 2002, the City of Brooklyn Center entered into a development agreement with BOCA Limited Partnership to provide $500,000 in CDBG funds for the acquisition/rehabilitation of Shingle Creek Tower Apartments, the 122 unit apartment building south of City Hall. The City's use of CDBG funds on the project is part of a total project funding package consisting of numerous sources including, a new Federal loan, State funding, funding from Hennepin County, Housing Revenue Bonds and .tax credits. The City allocated $150,000 from its 2001 CDBG allocation, $175,000 from the 2002 CDBG allocation and the final allocation is $175,000 from the 2003 CBDG allocation. 2. Allocation of $22,000 for Household Outside Maintenance for the Elderly (H.O.M.E.) program. This project has been part of the CDBG program for nine years. The H.O.M.E. program provides minor maintenance and repair for persons 60 years of age and older and or permanently disabled individuals. Services provided include painting, interior and exterior, • and minor home maintenance repair including installation of grab bars, and minor repairs including windows, sidewalk, house trim etc. Fees are charged to persons using the services based on a sliding fee scale relative to income, pursuant to Department of Housing and Urban Development guidelines for low and moderate income. Senior Community Services, the administrator of the H.O.M.E. program, also makes available its Senior Outreach program to assist elderly and disabled residents who have violations in the areas of the City housing code. Data on the performance of the H.O.M.E. program will be provided for the February 24 City Council meeting. 3. Allocation of $13,000 to the Community Emergency Assistance Program Inc. (CEAP) to provide funds to CEAP's Handyworks program. The Handyworks program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping, household maintenance, painting and raking. CEAP also is to provide assistance to seniors and disabled persons with code violations under the City's housing code. CEAP and Senior Community Services are to coordinate referrals between the two agencies. CEAP is to focus on less complex code enforcement items and Senior Community Services addresses the more complex code enforcement issues up to including major problems such as "garbage house" situations. Data on the performance of the CEAP program will be provided for the February 24 City Council meeting. 4. Allocation of $24,516 for rehabilitation of private property. This program provides for rehabilitation and repair of single family homes of low income households. The money is • provided in the form of a loan which would be repaid when the house is sold, or at the end of MEMORANDUM • January 22, 2003 Page 3 30 years, whichever come first. CAP ON PUBLIC SERVICE PROJECTS Each City receiving a CDBG allocation form the Urban Hennepin County CDBG program is limited to a 15 percent cap on public service projects. Based on the 2002 allocation, this amount is $35,177, which is 15 percent of the City's allocation of $234,516. Both the H.O.M.E. and CEAP program are considered public service projects. Their proposed allocations of $22,000 and $13,000 respectively may have to be adjusted to comply with the 15 percent cap, once Congress makes its allocation for 2003. ADDITIONAL REQUEST FOR CDBG FUNDING The City has received a Request for $5,000 from CDBG funds form Home Line. A copy of Home Lines request is included with this memorandum. A Resolution Calling for a Public Hearing is included with this memorandum and the required public hearing notice has been prepared and includes continued funding of the the H.O.M.E. program CEAP, and Housing Rehabilitation Program along with the Shingle Creek Tower Project. The • resolution prepared for City Council consideration, and included with this memorandum, is to establish a date for the required public hearing. Hennepin County requires that specific dollar allocations be specified in the hearing notice. This notice does not commit the City to specific funding at this time and these programs and dollar allocations can be revised at the public hearing on February 24, 2003, once the final Congressional allocation is known. • • NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 24, 2003, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and the City's proposed use of the estimated 2003 Urban Hennepin County Community Development Block Grant Program planning allocation of $234,516. In addition, between July 1, 2003 to June 30, 2004, it is estimated that no additional program income from previously funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 2003 Urban Hennepin County CDBG funds starting on or about July 1, 2003. • Activity Budget Shingle Creek Tower Project $175,000 Neighborhood Public Service Projects $35,000 Rehabilitation of Private Property $24,516 For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763 -569 -3300 or the Hennepin County Housing, Community Works and Transit Department of Transit and Community Works at 612 - 348 -9260. The public hearing is being held pursuant to MS 471.59. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. • HOME r 3455 Bloomington Avenue Office Phone: 612/728 -5770 Minneapolis, MN 55407 Hotline: 612/728 -5767 Fax: 612/728 -5761 Mr. Tom Bublitz City of Brooklyn Center 60301 Shingle Creek Parkway - Brooklyn Center 55430 December 30, 2002 Dear Mr. Bublitz: This letter is to request funding in the amount of $5,000 from the City of Brooklyn Center's Community Development Block Grant Program to support HOME Line's services for renters. As you may know, HOME Line began as a project of Community Action for Suburban Hennepin in 1992. Following our spin -off from CASH in 1999, we continued to be funded by that agency for two years, until June of 2001. The funding from CASH has ended and we are seeking support from cities in suburban Hennepin County that we have served and continue to serve. HOME Line's tenant hotline receives many calls each year from Brooklyn Center residents, • almost 200 in 2003 -- nearly one every work day. Since we started up the hotline we have received 2,493 calls from Brooklyn Center renters. In addition, our award- winning high school presentations (on becoming a successful first -time renter) have been given 39 times to Brooklyn Center and Osseo -Park Center High School classes, reaching 772 students. Through help we have provided, Brooklyn Center tenants have recovered almost $13,000 in illegally withheld security deposits and have gotten almost $25,000 returned to them in rent abatements (refunds for substandard conditions). Along with the County's CDBG Request Form I am enclosing a one -page sheet summarizing our hotline's service to Brooklyn Center residents. We thank you for the opportunity to submit this application. If you have any questions or need additional information, please call me at 612/728 -5770, extension 106 or Mike Vraa, our managing attorney at extension 113. Sincerely, C Charlie Warner Executive Director • enclosures as noted I Tenant Advocacy in Minnesota I „ .. ..........._._..,_,_._ W._.......:. a..:,. ...... �_ a.. .:• ii,,:: n::... uua` ca: ivaaii::.:. i,::.:: a� :w...e..u..,....iWa•..,v:::da i • HOME Line Renters' "Hotline” Brooklyn Center Information on calls during the period 1/1/92 through 12/31/2002 Over the past eleven years a total of 2,493 Number of Calls Per Year Brooklyn Center renters have contacted 4W 3W 288 285 189 225 258 213 218 219 188 HOME Line. This represents service to 200 1e approximately 6,232 residents when all. 0 - family members have been counted. 92 93 94 95 98 97 98 99 2000 2001 2002 The vast majority (over 98 %) of Brooklyn Center callers to HOME Line are low or very callers Incomes 1992 -2002 low income. These income categories are those used by the U.S. Department of H.U.D.: v ery L 88% ' LOW Very Low: incomes below 50% of the metro median 10 Low: incomes between 50% and 80% of the metro Moderate median Moderate: incomes above 80% of the metro median. 2% • High School Renter' HOME Line has helped Brooklyn Center Renter's Education residents recover money from their landlords. HOME Line's High School Community Tenants have received $12,839.19 back from improperly withheld security deposits and Renter's Education Program provides advice $24,843 in rent abatements (refunds for on tenant rights and responsibilities. This free substandard conditions). presentation covers most things that first time The Hotline receives approximately 8,000 renters are likely to encounter, including calls per year. Careful records are taken for roommate problems, evictions, security each call, including the reason the tenant deposits and repair problems. called. These are the top ten topics in In the last ten years, HOME Line has been to Brooklyn Center over the last eleven years 39 classes with Brooklyn Center students (followed by the number of calls): speaking to 772 students. 1. Repairs 558 Brooklyn Center High School 22 classes, speaking to 413 students; 2• Evictions 410 Osseo -Park Center High School 13 classes, 3. Notice to Vacate 254 speaking to 288 students; 4 • Security Deposits 233 Park - Center Alternative School 2 classes, 5. Financial Aid 107 speaking to 21 students; 6. Break Lease 106 Osseo Learning Center 2 classes, speaking 7. Lease Questions 93 to 50 students. 8• Housing Search 92 9. Privacy/Intrusion 86 • 10. Rent Increase 63 .. .. .. .. .. 1 ,....sv. cif: '�;$ ?. ^': •. ::k2�:% • 2003 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (Use one form per project) L GENERAL INFORMATION A. Community: Brooklyn Center B. Project Name: HOME.Line C. Contact Person /Phone No.: Charlie Warner; 612/728-5770, , x -106 II. PROJECT DATA: A. Funding Request $5,000 • B. Is this an existing CDBGFUNDED Project? ( Yes ( x No C. Leveraged Funds: (What other public or private funds does project include? .If non, indicate w /check here - ( None) SECURED FUNDING The McKnight Foundation $125,000 per year for three years; general support December 2001 U.S. Department of Housing and Urban Development "Outreach and Training Grant "( OTAG) $450,000; January 2, 2001 - - Septe - mber 3 2 Minnesota. Housing Finance Agency - Tenant Organizing and Education Grant $1 four years; February 3, 200 - December 31, 2004 The Jay and Rose Phillips Family oundation Y General support for hotline expansion to Anoka and Dakota Counties $35,000 one -time grant made March 2002 • Otto Bremer Foundation General support for statewide services and advocacy $35,000, two -year grant ($20,000 first year, $15,000 second February 2002 HOME Line CDBG Application to Brooklyn Center • December 30, 2002 Page -2. The Minneapolis Foundation General funding to support expansion of activities $50,000 per year for two years, April 2001 City of Plymouth - Community Development Block Grant (CDBG) $7,500 for tenant services to Plymouth residents; July 1, 2002 - June 30, 2003 City of Eden Prairie - Community Development Block Grant (CDBG) $10,000 for tenant services to Eden Prairie residents; July 1, 2002 - June 30, 2003 City of Minnetonka- Community Development Block Grant (CDBG) $690 for tenant services to Minnetonka residents; July 1, 2002 - June 30, 2003 City of Maple Grove - Community Development Block Grant (CDBG) $3,082 for tenant services to Maple Grove residents; July 1, 2002 - June 30, 2003 City of Edina - Community Development Block Grant (CDBG) $1,000 for tenant services to Edina residents; July 1, 2002 - June 30, 2003 Minnesota Department of Children, Families and Learning $30,000 two -year ($15,000 per year) grant for hotline expansion; July 2001 - June 2003 • Hennepin County - Family Homeless Prevention Program (subcontract from CASH) Legal representation in eviction cases $30;150 contract; July - 1, 2001 - June 30, 2002 Greater Minnesota Housing Fund $25,000 for expansion of organizing and advocacy services to Greater Minnesota October 2002 FUNDING REQUESTED, DECISION PENDING Wells Fargo $5,000 for HOME Llne's high school education program submitted September 2002 The St. Paul Foundation $40,000 per year for 3 years hotline and high school programs in east area submitted November 2002 • HOME Line CDBG Application to Brooklyn Center • December 30, 2002 Page -3: A. Project Location: Address: Citywide B. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) The following is a brief description of the programs and activities of HOME Line that would be provided to Brooklyn Center residents under this grant: HOME Line runs a tenant hotline that has been in operation since 1992. The tenant hotline receives roughly 8,000 calls per year. The hotline, staffed by 4 staff attorneys and dozens of law student volunteers per year, helps tenants by listening to their situation and advising them of their rights and responsibilities under the law. We occasionally represent tenants in court on eviction or serious repair issues. HOME Line has helped 2,493 Brooklyn. Center callers -to -our hotline since 1992; over 98% of these callers have been very low or low income people. HOME Line has also sent speakers to 50 school classes in the last ten years speaking to over 12,549 students about how they can be successful renters. HOME Line's attorneys have • also spoken at numerous other events, including C.L.E.s (Continuing Legal Education seminars), landlord meetings, seminars on landlord/tenant law to police officers, etc. We have made our presentations at 39 classes with Brooklyn Center students (Brooklyn Center and Osseo -Park Center High Schools), speaking to a total of 772 students. A. Consolidated Plan Priorities: Using the Priority Summary and HUD Table 2A -B, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Priority(ies): From HUD Table 2B: Public Service Needs - Tenant/Landlord Counseling (High Priority Need Level) A. Describe anticipated results /accomplishments the project will have. (Number of persons/households to be assisted/served, number of housing units to be rehabilitated/built, etc.) We anticipate assisting approximately 200 Brooklyn Center renter households over the hotline during the program year and making two or three educational presentations at Brooklyn Center and Osseo Park Center High Schools (80 students). • • HOME Line CDBG Application to Brooklyn Center December 30, 2002 Page- 4: B. Describe how project will assist the community in achieving your Livable Communities Act goals (if applicable): NA C. Implementation Schedule: (For the time period 7/1/03 to 6/30/04, identify major project tasks to be performed and when they will occur.) Task: Renter counseling over hotline Date: Ongoing Task: High school presentations Date: Late fall and late spring A. Budget: (Specify total project budget by major project component — i.e., administration, planning, construction, acquisition, direct ants public service. g grants, P ) Component SOURCE OF FUNDS CDBG Other (identifvl Program services implementation $5.000 $491.500 • (Other sources of funding are shown in our response to Item H. C.., above) • City Council Agenda Item No. 7f City of Brooklyn Center • Memorandum TO: Sharon Klumpp, Interim Assistant City Manager FROM Kelli Wick, Human Resources Director DATE: January 21, 2003 SUBJECT: Pay Equity Compliance Report - 2002 The Minnesota Department of Employee Relations (DOER) notified the City of Brooklyn Center in its letter dated November 15, 2002 (attached), that we must submit our Pay Equity Information as required by the Local Government Pay Equity Act of 1984. Our jurisdiction was found in compliance based on our 1999 report and now our next regular report is due January 31, 2003. This report is required by the Local Government Pay Equity Act M.S. 471 -991 — 471.999 and Minnesota Rules, Chapter 3920 and must show data in place as of December 31, 2002. Attached is the required pay equity report that must be submitted to DOER by the end of this month. • In conducting preliminary runs of the data on pay equity it appears that we are in compliance. I ask that this information please go before City Council at its regular meeting of January 27, 2003 for their information. After the Council has received this information and accepted the report, I will forward it DOER along with complying with the official postings. This information must be submitted by January 31, 2003 or the City will be found in non - compliance and could be subject to penalties. If you have any questions or need further information please ask me. • Department o f 0 Commissioner ❑ labor Relational ❑ Diversity Total Compensation ❑ Communications 0 Strategic Staffing ' Emp l oyee [3 Government Relations 0 Information Systems 0 Administrative Services 0 SEMA4IWARE 200 Centennial office Building Ir Relations 658 Cedar Street ��• St. Paul, MN 55155 -1603 State of Minnesota: 651.297.1184 TTY651.282.2699 Opening Worlds of Possibilities! www.doer.state.mn.us DATE: November 15, 2002 TO: Local Government Officials City Clerk, Administrator or Manager Superintendent of Schools County Personnel Director or Auditor FROM: Faith Zwemke -z -- Pay Equity Coordinator PHONE: (651) 296 -2653 RE: PAY EQUITY REPORT FORMS Thank you for your previous cooperation in meeting requirements to comply with the 1984 Local • Government Pay Equity Act. As you know, your jurisdiction was found to be in compliance based on your 2000 report, and now your next report is due January 31, 2003. This report must show data in place as of December 31, 2002. This packet contains the material you will need to file your 2003 Pay Equity Implementation Report. (Only one -third of all jurisdictions are reporting in 2003, so your neighboring jurisdictions may have other reporting dates.) This report is required by the Local Government Pay Equity Act, M.S. 471.991- 471.999 and Minnesota Rules, Chapter 3920. The material enclosed is: • Pay Implementation Report Form • Notice - 2003 Pay Equity Report • Checklist to Avoid Common Reporting Errors In previous years, we have included the "Guide to Understanding Pay Equity Compliance & Computer Reports" and the "Instructions for Completing Pay Equity Implementation Report." If you do not have a copy of the guide or the instructions from previous years, they can be found on DOER'S webpage at www. doer. state .mn.us /Lr- oeoty /Resource.htm. If you are unable to download either the Guide or the Instructions or do not have access to the Internet, please contact Ann Maile at 651- 296 -2516 so materials can be sent to you. Proud Member of the Human Resource Directors Partnership and the Alliance for Cooperation and Collaboration in Employment and State Service "Making a Positive Impact on State Managers and Employees —for the Benefit of All Minnesotans" November 15, 2002 Page 2 Please mail or hand deliver your report to the Department of Employee Relations on or - : tefore January 31, 2003. Any reports not postmarked or received by DOER on or before that date will be found out of compliance. There are no provisions in the law for any exceptions to the deadline. When the review of your report is complete, you will receive a notice informing you whether your jurisdiction is "in compliance" or "out of compliance." Although most notices are sent out in the spring and summer, it takes most of the year to review all the reports so some jurisdictions may not receive a notice until near the end of 2003. Please be assured that you will be informed promptly when the review is complete, and no penalties or other negative consequences. will occur before you receive that notice. Jurisdictions receiving an "out of compliance" notice will have an opportunity to make adjustments and come into compliance. However, any jurisdiction which does not come into compliance within the time allotted by DOER to make adjustments will receive a second "out of compliance" notice and will be subject to a penalty. The penalty is a 5 percent reduction in state aid payments or $100 per day, whichever is greater. The guide and instructions warrant careful reading as they contain answers to many questions commonly asked about the program. If after downloading the materials you still have a question, please contact me. If you are hearing impaired or deaf, please call our Telecommunications for the Deaf (TTY) line at (651) 297 -2003. Please be patient if you call us and receive a recorded • message. We will respond as soon as possible. Enclosures payequitlgeneral /M -Pay Equity Report Forms • Pay Equity Implementation Report Send completed report to; • For Department Use Only Pay Equity Coordinator Department of Employee Relations Postmark Date of Report 200 Centennial Building 658 Cedar Street I Jurisdiction ID Number St. Paul, MN 55155.1603 (651) 296 -2653 (Voice) (651) 297 -2003 (TTY) c Name of J risdiction C City OT Brooklyn Center ,Z C City ❑ County ❑ School ❑ Other: 'C v �= Address City State a 6301 Shingle Creek Parkway Brooklyn Center I MN I Contact Person Phone Fax a Kelli Wick (763 )569 -3300 (763 )569 -3494 O The job evaluation system used measured skill, effort, © No salary ranges /performance differences responsibility and working conditions and the same system was used for all classes of employees. Check the system ❑ Check here if both of the following apply; otherwise, used. leave blank. a. Jurisdiction does not have a salary range for any job ❑ State Job Match class ❑ Designed Own (specify) b. Upon request, jurisdiction will supply documentation showing that inequities between male and female = classes are due to performance differences. 0 C Consultant's System (specify) Note: Do not include any documentation regarding :. Hay performance with this form. ❑ Other (specify) 0 An official notice has been posted at City Hall - Employee Bulletin Boards _ © Health insurance benefits for male and female classes of (prominent location) comparable value have been evaluated and: informing employees that the Pay Equity Implementation IZ Report has been filed and is available to employees upon O Z) There is no difference and female classes are not at a request. A copy of the notice has been sent to each disadvantage exclusive representative, if any, and also to the public library. ip � There is a difference and the maximum salaries reported The report was approved by: include the monthly amount paid by the employer for City Council p, health insurance. (governing body) © Information in this report is complete and accurate. Myrna Kragness 0 The report includes all classes of employees over which the (chief elected official, print) jurisdiction has final budgetary approval authority. (chief elected official, signature) Mayor 1/27/03 (title) (date) d Result from Salary Range Worksheet a H M I— 98.79 % is the result of average years to salary range maximum for male classes divided by the average years to salary range maximum for female classes. Results from Exceptional Service Pay Worksheet C�a� is 5 20% or less of male classes receive ESP. IL Xc°1+o+ W y a a % is the result of the percentage of female classes receiving ESP divided by the percentage of male classes receivinq ESP. « o $9, 903 248 is the annual payroll for the calendar year just ended December 31. to co (Part F on Back) PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 17, 2003 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 763 - 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type M, Job Min. mo. Max. mo. Yrs to # yrs service Class title # Male # Female F, B points salary salary max. service pay 1 PT EBHC Set up Crew /Cust 9 1 M 82 $1,455 $1,771 5.5 4 2 Custodian 4 1 M 82 $1,877 $2,771 5.5 0 3 PT CARS Cust. 1 0 M 82 $1,385 $1,737 5.5 0 4 PT CARS Concession 1 0 M 82 $1,286 $1,223 5.5 0 5 PT Gov Bldg Helper 1 0 M 82 $1,455 $1,771 5.5 0 6 PT Golf Ranger 2 0 M 117 $1,165 $1,418 5.5 0 7 PT EBHC Hostess 0 1 F 122 $1,455 $1,771 5.5 11 8 PT Liquor Clerk Stocker /Cashier 3 5 B 122 $1,567 $1,908 5.5 14 9 PT Records Clerk 0 1 F 141 $1,957 $2,453 5.5 0 10 Seas. Mnt/Eng /Assessing 11 0 M 144 $1,455 $1,771 5.5 0 11 PT Police Clerk Typist 0 3 F 144 $1,957 $2,707 5.5 0 12 PT EBHC Maintenance 1 0 M 144 $1,863 $2,268 5.5 8 13 PT EBHC Setup Crew Chief 2 1 B 144 $1,863 $2,212 5.5 4 14 PT Liquor Store Assistant 0 1 F 144 $1,863 $2,267 5.5 21 15 EBHC Crew Chief 2 0 M 144 $1,972 $2,887 5.5 0 16 PT Community Service Officer 3 0 M 144 $1,606 $2,012 5.5 0 17 Secretary/Receptionist/Clerk 0 3 F 144 $2,231 $3,202 5.5 0 18 PT Fire Typist 0 1 F 144 $1,957 $2,453 5.5 0 19 PT Cust. Serv. Rep - CARS 0 2 F 144 $1,385 $1,686 5.5 0 20 PT Golf Asst. Mgr. 1 0 M 144 $1,863 $2,268 5.5 0 21 PT Golf Maint. 3 0 M 144 $1,529 $1,860 5.5 0 22 PT Asst Aquatic Supv. 0 1 F 151 $1,818 $2,212 5.5 0 23 EBHC Maint Cust. 2 0 M 160 $2,463 $3,484 5.5 0 24 Neighborhood Liaison 0 1 F 169 $2,287 $3,270 5.5 0 25 Customer Service Rep. 0 2 F 169 $2,231 $3,202 5.5 0 Page 1 PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 17, 2003 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 763 - 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type M, Job Min. mo. Max. mo. Yrs to # yrs service Class title # Male # Female F, B points salary salary max. service pay 26 EBHC Sec /Recp. 0 1 F 169 $2,231 $3,202 5.5 0 27 Maintenance Custodian 2 0 M 170 $2,927 $4,049 5.5 0 28 Inv. Aide /Prop. Technician 1 0 M 173 $2,287 $3,270 5.5 0 29 Utilities /Acct. Tech. 11 0 2 F 173 $2,463 $3,484 5.5 0 30 Finance Tech 0 1 F 173 $2,463 $3,484 5.5 0 31 Night Service Person 1 0 M 177 $0 $3,666 0 17 32 Engineering Secretary 0 1 F 177 $2,463 $3,484 5.5 0 33 Police Classification Tech 0 1 F 177 $2,463 $3,484 5.5 0 34 PW Adm Aide 0 1 F 183 $2,718 $3,794 5.5 0 35 Central Garage Adm. Tech. 0 1 F 183 $2,463 $3,484 5.5 0 36 Public Works Adm Tech 0 1 F 183 $2,287 $3,270 5.5 0 37 Recreation Secretary 0 1 F 183 $2,463 $3,484 5.5 0 38 Comm. Dev. /Admin Secretary 0 1 F 183 $2,463 $3,484 5.5 0 39 EBHC Billing Clerk 0 1 F 183 $2,463 $3,484 5.5 0 40 Public Safety Dispatcher 1 5 F 187 $2,652 $3,714 5.5 0 41 Police Adm. Tech 0 1 F 187 $2,652 $3,714 5.5 0 42 Adm. Spec. /Dep. City Clerk 0 2 F 187 $2,652 $3,714 5.5 0 43 Maint. II 24 0 M 192 $2,336 $3,349 3.5 0 44 Mechanic 3 0 M 197 $0 $3,857 0 23 45 EBHC Sales Person 0 2 F 203 $3,018 $4,746 5.5 0 46 Engineering Tech II 0 1 F 212 $2,463 $3,484 5.5 0 47 Appraiser Tech 0 1 F 215 $3,001 $4,139 5.5 0 48 Payroll /HR Tech /IT Asst. 1 0 M 225 $2,927 $4,049 5.5 0 49 EBHC Sales Director 0 1 F 238 $3,499 $4,746 5.5 0 50 Building & Grounds Maint. Supv 1 0 M 238 $3,331 $4,540 5.5 0 Page 2 PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 17, 2003 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 763- 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type M, Job Min. mo. Max. mo. Yrs to # yrs service Class title # Male # Female F, B points salary salary max. service pay 51 Public Safety Comm. Supv. 0 1 F 245 $3,480 $4,722 0 0 52 Eng. Tech III 1 0 M 250 $3,152 $4,323 5.5 0 53 Police Adm Mgr 0 1 F 252 $3,684 $4,971 5.5 0 54 EBHC Maint. Supv. 1 0 M 252 $3,331 $4,961 5.5 0 55 Appraiser 1 0 1 F 262 $3,395 $4,618 5.5 0 56 Bldg. Inspector 2 0 M 262 $3,480 $4,722 5.5 0 57 Golf Supervisor 1 0 M 262 $2,734 $3,814 5.5 0 58 Liquor Store Manager 2 0 M 275 $3,331 $4,540 5.5 0 59 Police Officer 23 7 B 280 $3,271 $5,031 3 0 Longevity 60 Detective 4 2 B 280 $0 $5,396 0 27 Longevity 61 City Clerk 0 1 F 301 $3,776 $5,082 5.5 0 62 Supv. Street & Parks /Utilities 2 0 M 320 $4,035 $5,398 5.5 0 63 Staff Accountant 0 1 F 332 $3,863 $5,188 5.5 0 64 CD /Planning & Zoning Specialist 2 0 M 342 $4,160 $5,549 5.5 0 65 Building Official 1 0 M 362 $4,160 $5,549 5.5 0 66 Recreation Program Supervisor 1 2 B 366 $3,677 $4,961 5.5 0 67 Sergeant 6 0 M 382 $0 $5,805 0 19 68 City Assessor 0 1 F 411 $6,181 $6,668 5.5 0 69 EBHC Manager 0 1 F 432 $4,601 $6,086 5.5 0 70 Liquor Operation Manager 0 1 F 432 $4,601 $6,086 5.5 0 71 Asst. Finance Dir. 1 0 M 503 $4,834 $6,370 5.5 0 72 City Engineer 1 0 M 511 $5,336 $6,981 5.5 0 73 Captain 2 0 M 516 $5,085 $6,658 5.5 0 74 Supt. of Public Works 1 0 M 525 $4,824 $6,358 5.5 0 75 Fire Chief /Marshall 1 0 M 561 $5,254 $6,968 0 14 Page 3 PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 17, 2003 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 763- 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type M, Job Min. mo. Max. mo. Yrs to # yrs service Class title # Male # Female F, B points salary salary max. service pay 76 CARS Director 1 0 M 573 $5,206 $6,917 0 5 77 IT Coord 0 1 F 588 $4,592 $6,075 5.5 0 78 Human Resources Director 0 1 F 588 $6,181 $6,668 5.5 0 79 Asst. City Mgr 0 1 F 608 $5,833 $7,320 0 5 80 Comm. Dev. Dir. 1 0 M 611 $5,270 $6,996 0 9 81 Public Works Director 0 1 F 732 $6,201 $8,151 0 8 82 Police Chief 1 0 M 739 $6,201 $8,136 0 1 83 Dir of Fiscal & Support Serv. 1 0 M 754 $6,201 $8,151 0 1 84 City Manager 1 0 M 1192 $0 $8,914 0 7 Page 4 Data Entry Listing - City of Brooklyn Center 01/17/2003 10:11:24 AM Page: 1 • Case: 2002 Pay Equity Report Class Min Max Yrs to Yrs Job Nbr Job Title Men Females Type Points Salary Salary Max of Sry Exceptional Sry 1 PT EBHC Set up Crew /Cust 9 1 M 82 $1,455.00 $1,771.00 5.5 0 2 Custodian 4 1 M 82 $1,877.00 $2,771.00 5.5 0 3 PT CARS Cust. 1 0 M 82 $1,385.00 $1,737.00 5.5 0 4 PT CARS Concession 1 0 M 82 $1,286.00 $1,223.00 5.5 0 5 PT Gov Bldg Helper 1 0 M 82 $1,455.00 $1,771.00 5.5 0 6 PT Golf Ranger 2 0 M 117 $1,165.00 $1,418.00 5.5 0 7 PT EBHC Hostess 0 1 F 122 $1,455.00 $1,771.00 5.5 0 8 PT Liquor Clerk Stocker /Cashie 3 5 B 122 $1,567.00 $1,908.00 5.5 0 9 PT Records Clerk 0 1 F 141 $1,957.00 $2,453.00 5.5 0 10 Seas. Mnt/Eng /Assessing 11 0 M 144 $1,455.00 $1,771.00 5.5 0 11 PT Police Gerk Typist 0 3 F 144 $1,957.00 $2,707.00 5.5 0 12 PT EBHC Maintenance 1 0 M 144 $1,863.00 $2,268.00 5.5 0 13 PT EBHC Setup Crew Chief 2 1 B 144 $1,863.00 $2,212.00 5.5 0 14 PT Liquor Store Assistant 0 1 F 144 $1,863.00 $2,267.00 5.5 0 15 EBHC Crew Chief 2 0 M 144 $1,972.00 $2,887.00 5.5 0 16 PT Community Service Officer 3 0 M 144 $1,606.00 $2,012.00 5.5 0 • 17 Secretary/Receptionist/aerk 0 3 F 144 $2,231.00 $3,202.00 5.5 0 18 PT Fire Typist 0 1 F 144 $1,957.00 $2,453.00 5.5 0 19 PTCust. Serv. Rep - CARS 0 2 F 144 $1,385.00 $1,686.00 5.5 0 20 PT Golf Asst. Mgr. 1 0 M 144 $1,863.00 $2,268.00 5.5 0 21 PT Golf Maint. 3 0 M 144 $1,529.00 $1,860.00 5.5 0 22 FT Asst Aquatic Supv. 0 1 F 151 $1,818.00 $2,212.00 5.5 0 23 EBHC Maint Cust. 2 0 M 160 $2,463.00 $3,484.00 5.5 0 24 Neighborhood Liaison 0 1 F 169 $2,287.00 $3,270.00 5.5 0 25 Customer Service Rep. 0 2 F 169 $2,231.00 $3,202.00 5.5 0 26 EBHC Sec /Recp. 0 1 F 169 $2,231.00 $3,202.00 5.5 0 27 Maintenance Custodian 2 0 M 170 $2,927.00 $4,049.00 5.5 0 28 Inv. Aide /Prop. Technician 1 0 M 173 $2,287.00 $3,270.00 5.5 0 29 Utilities /Acct. Tech. II 0 2 F 173 $2,463.00 $3,484.00 5.5 0 30 Finance Tech 0 1 F 173 $2,463.00 $3,484.00 5.5 0 31 Night Service Person 1 0 M 177 $0.00 $3,666.00 0 17 32 Engineering Secretary 0 1 F 177 $2,463.00 $3,484.00 5.5 0 33 Police Class 'rfication Tech 0 1 F 177 $2,463.00 $3,484.00 5.5 0 34 PWAdmAide 0 1 F 183 $2,718.00 $3,794.00 5.5 0 35 Central Garage Adm. Tech. 0 1 F 183 $2,463.00 $3,484.00 5.5 0 36 Public Works Adm Tech 0 1 F 183 $2,287.00 $3,270.00 5.5 0 • 37 Recreation Secretary 0 1 F 183 $2,463.00 $3,484.00 5.5 0 38 Comm Dev. /Admin Secretary 0 1 F 183 $2,463.00 $3,484.00 5.5 0 Data Entry Listing - City of Brooklyn Center 01117/2003 10:11:28 AM Page: 2 • Case: 2002 Pay Equity Report Class Min Max Yrs to Yrs Job Nbr Job Title Men Females Type Points Salary Salary Max of Sry Exceptional Sry 39 EBHC Billing Clerk 0 1 F 183 $2,463.00 $3,484.00 5.5 0 40 Public Safety Dispatcher 1 5 F 187 $2,652.00 $3,714.00 5.5 0 41 Police Adm Tech 0 1 F 187 $2,652.00 $3,714.00 5.5 0 42 Adm. Spec./Dep. City Clerk 0 2 F 187 $2,652.00 $3,714.00 5.5 0 43 Maint.11 24 0 M 192 $2,336.00 $3,349.00 3.5 0 44 Mechanic 3 0 M 197 $0.00 $3,857.00 0 0 45 EBHC Sales Person 0 2 F 203 $3,018.00 $4,159.00 5.5 0 46 Engineering Tech II 0 1 F 212 $2,463.00 $3,484.00 5.5 0 47 Appraiser Tech 0 1 F 215 $3,001.00 $4,139.00 5.5 0 48 Payroll/HR Tech/IT Asst. 1 0 M 225 $2,927.00 $4,049.00 5.5 0 49 EBHC Sales Director 0 1 F 238 $3,499.00 $4,746.00 5.5 0 50 Building & Grounds Maint. Supv 1 0 M 238 $3,331.00 $4,540.00 5.5 0 51 Public Safety Comm Supv. 0 1 F 245 $3,480.00 $4,722.00 0 0 52 Eng. Tech III 1 0 M 250 $3,152.00 $4,323.00 5.5 0 53 Police Adm Mgr 0 1 F 252 $3,684.00 $4,971.00 5.5 0 54 EBHC Maint. Supv. 1 0 M 252 $3,331.00 $4,961.00 5.5 0 • 55 Appraiser 1 0 1 F 262 $3,395.00 $4,618.00 5.5 0 56 Bldg. Inspector 2 0 M 262 $3,480.00 $4,722.00 5.5 0 57 Golf Supervisor 1 0 M 262 $2,734.00 $3,814.00 5.5 0 58 Liquor Store Manager 2 0 M 275 $3,331.00 $4,540.00 5.5 0 59 Police Officer 23 7 B 280 $3,271.00 $5,031.00 3 0 Longevity 60 Detective 4 2 B 280 $0.00 $5,396.00 0 27 Longevity 61 City Clerk 0 1 F 301 $3,776.00 $5,082.00 5.5 0 62 Supv. Street & Parks /Utilitie 2 0 M 320 $4,035.00 $5,398.00 5.5 0 63 Staff Accountant 0 1 F 332 $3,863.00 $5,188.00 5.5 0 64 CD/Ranning & Zoning Specialis 2 0 M 342 $4,160.00 $5,549:00 5.5 0 65 Building Official 1 0 M 362 $4,160.00 $5,549.00 5.5 0 66 Recreation Program Supervisor 1 2 B 366 $3,677.00 $4,961.00 5.5 0 67 Sergeant 6 0 M 382 $0.00 $5,805.00 0 19 68 City Assessor 0 1 F 411 $6,181.00 $6,668.00 5.5 0 69 EBHC Manager 0 1 F 432 $4,601.00 $6,086.00 5.5 0 70 Liquor Operation Manager 0 1 F 432 $4,601.00 $6,086.00 5.5 0 71 Asst. Finance Dir. 1 0 M 503 $4,834.00 $6,370.00 5.5 0 72 City Engineer 1 0 M 511 $5,336.00 $6,981.00 5.5 0 73 Captain 2 0 M 516 $5,085.00 $6,658.00 5.5 0 74 Supt. of Public Works - 1 0 M 525 $4,824.00 $6,358.00 5.5 0 • 75 Fire Chief /Marshall 1 0 M 561 $5,254.00 $6,968.00 0 14 76 CARS Director 1 0 M 573 $5,206.00 $6,917.00 0 5 Data Entry Listing - City of Brooklyn Center 01/17/2003 10:11:33 AM Page: 3 • Case: 2002 Pay Equity Report Class Min Max Yrs to Yrs Job Nbr Job Title Men Females Type Points Salary Salary Max of Sry Exceptional Sry 77 IT Coord 0 1 F 588 $4,592.00 $6,075.00 5.5 0 78 Human Resources Director 0 1 F 588 $6,181.00 $6,668.00 5.5 0 79 Asst. City Mgr 0 1 F 608 $5,833.00 $7,320.00 0 5 80 Comm. Dev. Dir. 1 0 M 611 $5,270.00 $6,996.00 0 9 81 Public Works Director 0 1 F 732 $6,201.00 $8,151.00 0 8 82 Police Chief 1 0 M 739 $6,201.00 $8,136.00 0 1 83 Dir of Fiscal & Support Serv. 1 0 M 754 $6,201.00 $8,151.00 0 1 84 City Manager 1 0 M 1192 $0.00 $8,914.00 0 7 • • • City of Brooklyn Center 9, OW- 8,500 a 8,000 7,5 0 7,000 • • • 6,500 o• 6,000- o 5,500- o � o Pay o • 5000 �a 4,500- o 4,000. o ©© o � 0 0 3,500. • oB 3,000. 0 2,500- . g7 2,000 • 1,500. ,500 0 100 200 300 400 500 600 700 800 900 1,000 1,100 Points �— Predicted Pay • Male Jobs o Female Jobs I Balanced Jobs I • City Council Agenda Item No. 8a i MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning pecialist / �( Subject: City Council Consideration Item - Planning Commission Application No. 2003- 001 Date: January 22, 2003 On the January 27, 2003 City Council Agenda is Planning Commission Application No. 2003- 001 submitted by ISD. No. 286 Brooklyn Center requesting a Special Use Permit and Site and Building Plan approval for construction of a 9,000 sq. ft. bus garage and various other additions to the Brooklyn Center Junior /Senior High School. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -001 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the . Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their January 16, 2003 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 1 -02 -03 City Council Action Should Be Taken By 3 -3 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -001 Applicant: ISD No. 286 (Brooklyn Center School District) Location: 6500 Humboldt Avenue North Request: Special Use Permit/Site and Building Plan Approval The applicant, Independent School District No. 286 (Brooklyn Center), is seeking a special use permit and site and building plan approval to construct a 9,000 sq. ft. school bus garage and various other additions to the Brooklyn Center Junior /Senior High School, 6500 Humboldt Avenue North. The property in question is zoned R -1 (One Family Residence) and is bounded on the north by R -5 zoned property containing three story apartment buildings; on the east by Dupont Avenue with single family homes, Firehouse Park and the East Fire Station on the opposite side of the street; on the south by 65 Avenue North with an AT & T switching station and single family homes on the opposite side of the street; and on the west by Humboldt Avenue with the Winner's Gas Station/Convenience Store, the Pines Apartments and the Berean Evangelical Lutheran Church on the opposite side of the street. Schools are special uses in the R -1 zoning district. • The school district's ro osal comprehends the demolition of an old metal storage building and P P P g g the hockey rink on the north side of the building to make way for a 9,000 sq. ft. school bus garage. They also propose three other additions to the building on the site. A 3,434 sq. ft. addition to the northwest corner of the building to accommodate three new classrooms; a 694 sq. ft. addition to the south side of the building to expand the school kitchen; and a 6,100 sq. ft. addition at the northeast corner of the building for a fitness and weight room. Other interior improvements, upgrades and alterations in the school building are also planned. ACCE S/PARKM6, No access changes are proposed. The site is served by two. accesses off 65 Avenue North and an access off Dupont Avenue North. Parking remains unchanged. In 1991 an auditorium, gymnasium and classroom addition was made to this facility. A determination was made that the required parking for the school should be 350 parking spaces based on a one parking space for every three seat ratio for the largest capacity facility at the school. The bleacher seating capacity for the gymnasium was 1,050. No other facility exceeded that capacity. The plan at that time (a Proof of Parking plan) showed 383 parking spaces on the site. The actual parking count for the facility, given the current parking configuration, is 346 spaces (44 spaces along 65 Avenue; 264 in the lot east of the school.; and the ability for approximately 38 spaces on the north side of the site). Parking could be expanded in the 65 Avenue green strip and the east parking lot could be expanded to the north of the tennis courts if a shortage of parking is experienced. We are not • Page 1 1 -16 -03 i • aware of any on site'parking deficiencies at the high school and, therefore, believe the current parking arrangement is acceptable. It should be noted that the additions proposed do not require more parking or expand the need for parking at this facility. DR A TNA GFI GR A T)TNC'T TTTT .TTTF.4 The applicant has provided preliminary information related to proposed grading and utilities, which is being reviewed by the City's Consulting Engineer. Attached for the Commission's review is a 1 -10 -03 memo from Mr. Brink the plans. He indicates that the project is subject to review and approval by the West Mississippi Watershed Commission. A grading and drainage plan with more details than that currently provided will need to be submitted to the Watershed Commission. He points out that curb and gutter should be provided around the newly paved areas in the vicinity of the new school bus garage on the north side of the site and he notes that storm sewer appears to be available to the east of this proposed improvement area. The new school bus garage will be served by existing water, sanitary sewer and other utilities. 11ANT)CC' The applicant is proposing no new landscaping for the site, nor is any additional landscaping being recommended. In 1991 when a major auditorium/gymnasium addition was made to the high school, the site was evaluated for landscaping and additional landscaping was provided at that time. No landscaping is being removed or displaced with this project, therefore, no new landscaping plan was required. RT TIT INNCTR As indicated previously, the additions proposed include a 3,434 sq. ft. classroom addition to the northwest corner of the building; a 694 sq. ft. kitchen addition on the south side of the building; a 6,100 sq. ft. fitness and weight room addition on the northeast corner of the building; and a 9,000 sq. ft. freestanding school bus garage facility on the north side of the building. All of the additions to the building itself will have a brick exterior finish to match the existing exterior. The bus garage is proposed to be metal of a color to match the existing school facade. The school district has pointed out that the exterior of this will be comparable to that of the recently constructed maintenance building at Centerbrook Golf Course. The building location is such that it will not be visible to a great extent and the metal siding is, therefore, an acceptable material. It should be noted that the site plan (Sheet AS 1.1) does not reflect the 90 ft. by 100 ft. footprint for the school bus facility. It scales approximately 70 ft. by 80 ft. That plan should be modified to accurately reflect the dimensions and location of this new facility. T .TCTHTTNG/TR A qH Lighting and trash have not been addressed on the plans submitted. We presume that no changes are proposed. Also, we are not aware of any problems with respect to lighting and trash facilities. It should be noted that all outside trash facilities should be appropriately screened from • Page 2 1 -16 -03 • view. SPECIAL USE PERMIT STANDARDS Schools are special uses in the R -1 zoning district and area subject to the standards for special use permits contained in Section 35 -220 of the City Ordinances (copy attached). These Standards for Special Use Permits require that the proposed special use will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed sq as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. We would comment that we believe the expansions of the Brooklyn Center Junior /Senior High School as proposed in this application will not be detrimental to or endanger the public health, safety, morals or comfort. Furthermore, we do not believe that the use will be injurious to other property in the immediate vicinity nor will it diminish or impair property values within the neighborhood. In fact, the new facilities can be considered a positive factor with respect to the neighborhood and the community in general. We also believe that adequate measures have been taken to provide proper ingress and egress and that parking on the site is adequate for the uses provided. We do not see traffic congestion on the public streets to be created with this proposed expansion. It can be said that the school addition in other respects conforms with the applicable regulations of the district of which it is located. Finally, we believe the proposal meets all of the standards for special use permits contained in the City's Zoning Ordinance and recommend approval of the application. A public - hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. R ECOMMENi) A MN Again, we believe the plans are in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and/or roof top mechanical equipment shall be appropriately screened from view. 4. The building additions and the bus garage shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. • Page 3 1 -16 -03 • . 5. B -612 curb and gutter shall be provided around all new driving and parking areas. 6. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The proposed drainage provisions are subject to the review and approval of the West Mississippi Watershed Commission prior to the issuance of building permits for the - project. 9. Sheet AS 1.1 (Site Plan and Partial Site Demolition Plan) shall be modified prior to the issuance of building permits to accurately reflect the dimensions and location of the proposed bus garage facility on the north side pf the site. 10. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 11. The special use permit amendment is granted for the construction of a new 9,000 sq. ft. school bus ara e facility and three g g ty other additions to the Brooklyn Center Junior /Senior High School. Any other expansion or alteration of the facilitates not comprehended by this approval shall require an additional amendment to the special use permit. • • Page 4 1 -16 -03 r r ' ` z tl ®� ❑ N BAN UVid / J a/1tl Naowvo - TTMA, u .R. E 4� I I nTm LU-9 } ' c' -Vl M IC, FU � � � � •N'3� � � I i I jjd�j1 11 0 3 � 0„ tl Q7��� 3 Ij7 � � I o • � � � A a I � � COIL I , y 'N '3Atl�,Qow _ I� m � U JAMES CU _ f N as wuloae Sava_ w Ln �-' • N •3AV S3wVf •aU wwfl � 1 � � •� I � ���N � I 1 � � I 1 N 37�J1�3 ! , 't� _ V W N � F�'��'tilll.11llll • 'h fix s o-�,ety -'; :. i* J �• d f. tti j j } • Yrt �`'" ':.. rte^' .:�. 2�3 .." "�_� ..,•.' `;�`.�`.�+`r�` � nf"' ._ X� y�, ,,f� 3 ,J� < u' r' n, , ; "�` "� `•`*a7r rY+ < - � x � „.. 't:t *' ?fi ♦. }iv' � �'� .,� � ,�” t �,s.. t`,'' -r'x a�' j� � `'S'`�" ° � i ii _� t '�,•^ �`'� � '� Y�k +lc .. c _s i� ,� {� �'.� ��.` {�"�'£��� Y 5 7 Y +�,- °+� r.Xr' � ' . 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V �... ! 3 +s `•' ."�7�� � �,,., to �i- 1 ` ..,•r.2.�. �1 � ' �Y t 01/09/2003 10:21 FAX_6128716868 LEONARD PARKER ASSOCIATE [001 • Brooklyn Center Hizh School Remodeling The high school remodeling consists of a 3- classroom addition,, a small kitchen addition, a fitness and weight room addition, a new 8 stall bus garage and numerous small remodeling projects in the existing building. The kitchen will be redesigned and made larger along with the cafeteria. The art rooms and family consumer science will get upgraded casework. New safety eyewashes will be installed in the science rooms and room exhausts upgraded. All the classrooms will receive new ceilings, paint, lighting and HVAC. The kitchen and cafeteria will get re- roofed. The additions will consist of slab on grade, brick veneer insulated cavity walls with concrete block backup. Steel joists and deck with a built -up roof. The bus garage will be slab on grade with steel post and beam with insulated metal walls and roof. All portions of all buildings will be sprinklered. There will be minimal site work. A new electrical service will be brought in to handle the upgrades to the HVAC systems. • Post4t° Fax Note 7671 Date pages Z To fZovA W y ri k t From % \ J� Phone # Phone # Fax # - q C - 33 Fax # P: \02 \02203.01 BCHS BPI \OOOADMIN\ MISCELLANEOUS \remodeling_09janO3 _ph.doe • yl7LL' e; i t _ 4 ; w r + BROOKLYN PARK HIGH SCHOOL, AS SIGNED 1 INCH = 30 FEET 1 -E S T D R T E R I C K E U I L D I N G W r1 q q •p ,O•p O O• p•n O' O p O p p O p O° O• x O p p 6 6 O• E .e«a � O 65TH gVENUE NORTH URPROp u,u,rs we RR vwurz BROOKLYN CENTER BUS LOOP TOPOGRAPHY 1" = 30' _.. --- o n II 0 .I I' ) Ln n 0 x _ = n y y OUPONT AVE. NORTH 9 Z n IMP m W D T m v UM , A , v O z z c 9-/ [f I o i t l I. i d ;r�l1;lM: Brooklyn Center High School I f�e�lN���A! r1 a FACIUtY IMPROVEMENTS RASE 9 6 i Ax 4 X11 F @ d F ¢ GSOOHUMBOLOT AVENUE NORTH I�4 5C q R ' M y • ' L �� u BROOIQYN CENTER, MINNESOTA 55430 - -- I -- -11, - -... �o 0 0 � . , ® ® � n . 0 0 0 �' m ®�� !C9 r:a UA S C II II I �` ® f 1. ® •I I I I m I II \ ^ i� ' jl 1 I 1 m ' • A, I � I a a U X T T® ' m m ® l ® m ❑� LI Y ( �T ] jj I M L I 1 ' YI Y ' • I ' f 1 a ® LJ m 1 .YL - m� I 1 1 1 1 1 III it U. l+ V I I I I I III I ,I 1 1 1 I I I I III 1 1 1 1 1 1 1 1 III I V I I I I I III II m® m m ® B I° u I I i ppL u y m 1 u dT � o I � • S till Brooklyn Center Hi School FAC]tflY IMPROVEMENTS PHASE II ` i Y 3 d 1{ BROOKLY SS 30 • • • ... PA..I,.r.lmmp.a..plp,. PLAN NOTES: GENERAL NOTES: _ _....��: '_wrMUV>run "" ._-_ •.. _ _ k.. NUIIntC91611U[Ogi - mrNY erLa eYpweo elr rlYA arrw l r.a¢onaw. plmIDapvyr ''� ..... ..• ...... ..... .. .. 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MINNESOTA 55430 L ---- J Cl • I ©, { yS' Z Z { 1 I 3� L N < 5 [ C. 1 }� { H O Z n R g F P iy e . e a $ - ;11. £ �g,;;'!'ill S 11 ; & A Brooklyn Center High School V • € ! 3 1 E E ; � ; a A ! ' �e� �� ia�i a � FAWN IMPROVEMENTS PWCSE S sg r 7 q y Q &@ $ E , 1 _ yc 6500 HUMBOtDT AVENUE NORTH an BROOKLYN CENTflt, MINNESOTA 55130 ut ✓-f of w'-f -r X { Mt s-f r�t-f I ° ° 1 r r ----, i r-- r----i 4 I I I ----� R 1 I I I i i ■■ I 1 1 I 1 1 1 I 1 1 I 1 1 i I I I I I I I i p C 1 1 1 I 1 I I 1 I I , ■ r 1 1 I , It i i i i I i i l i I I Z { 1 I 3� L N < 5 [ C. 1 }� { H O Z n R g F P iy e . e a $ - ;11. £ �g,;;'!'ill S 11 ; & A Brooklyn Center High School V • € ! 3 1 E E ; � ; a A ! ' �e� �� ia�i a � FAWN IMPROVEMENTS PWCSE S sg r 7 q y Q &@ $ E , 1 _ yc 6500 HUMBOtDT AVENUE NORTH an BROOKLYN CENTflt, MINNESOTA 55130 • ToeeLV�n°or�r, NOrI0LCp51ill D �.._.. 8 B E g O eF . A C D U KEYPLAN bA=„ SOLITH 9N. • WCHEN.ADDMON fy�y in tj Wr. rX 2 Q< L N M 9 „ruuewil ii i V 2i A � ,. n q " � • { F y rr ._ — � ii a mo nuu ii iuoui i i iuouui • J 3 „ WEST EIN. 0 CLASSROOM AMMON NORTH ELEV. O CLASSROOM ADDITION O The se eA• • r-r 3 .... eA• • r� M LL Leonard Parkr -*~ �A Associates B.Y'�mr r • °�1 ArchiMcts,Inc our AM /r6.fG� WEST ELEV. O PHY ED AMMON NORTH ELEV. O PHY ED AUDITION � _ Lf " • r{ • �� �` V .x•r� ,�a�en .e - evc,weu. e.ococ " €p banns EAST § EAST M.0 PHY ED ADDITION eec..no.r ��{ 6 eN•r -i _ neo°ae A4.1 n FOR R v MY, e) mffRACMRM f- - - -7-fl - I am - - - - -- :: r - - - - --� _ r - -- – – — 0 9 I = , _ • nil sill In o�i�- - I _ - - - -- I nA' _ -- 0 . - I I i _ a e Z p_ - 7T MEL _ > '' WALL SECTION WALL SECTION WALL SECTION i WALL SECTION O CLASSROOM 6 CLASSROOAVHAILWAY 231 •HALLWAY 231 /CIASSRCIOM HALLWAY 231 ENTRANCE WALL SECTION O HALLWAY 231 O 1 •we ,/r • rx 2 r.e Ve rt 3 rate ,rr • rx 4 •aic Vr • rx S r..e „r • rx O I a.n,�•. - ' -' lb W T l J L - _. J 1 - ` �. LlOfl7fd Parker Assodates ArchRects, Inc � �rrrruro.� - � � anaa+. ma.••inp.e •n.a EC71ON � ALP WINDOWS WALL SEC'11ON O DISPLAY CASE ER CIFNCE WALL SECTION O IOTCHEN WALL SECTION � pTCFiEN WALLS ;;..,�� : ,• Y: WALLSECTION�FAMILYCONSUM S �pw - e Q w e ( � aun Vr.rx l,/ nve Vt. rx v rye vr•rx �/ sa vr•rx � e+w vt. rx _ � �� �a.m •a,u a a wa•na a•m e S5 ° � ' � �� vu •awn �9� 1 , I Jr �< �T aa•a•pry .+...v PLAN SECTION • DISPLAY CASE WALL SErnON O SIT WAIL - A5 . /l 11 r c Vr•rx 12 rm vt•rx >* .z O S > z Z RZ 21 �A O O O -zj Z. z • • fl z c 3 Brooklyn Center Hi School FAOLITY IMPROVEMENTS PHASE p 6500 HUMBOLDT AVENUE NORTH BROOKLYN CENTER. MINNESOTA 55430 RII • • fl z c 3 Brooklyn Center Hi School FAOLITY IMPROVEMENTS PHASE p 6500 HUMBOLDT AVENUE NORTH BROOKLYN CENTER. MINNESOTA 55430 r s T 0 E� t �i� � �� I �...� �)!I I P I ���� I 1�4 ��� � - i. -I I'!** Brooklyn Center HI .Rh School `!.•t 4 i• �5�i.. ..•a•!/=- .e.}c�.i..::.warii�•r. �• t....�.. .e .�• ' t ^�:: � ^: �1* '..::ar'�. iM�• ,�ya �.. rr••• r.. 2: ;�'' .!riiaR +pr,• _ ♦ - 1 ��� .rli �'t�.r•.i:Iivl- .t� • i':1 Y: 1'"��•i; ._ {j� �•{1 •.. .. a N�.r 1 'wKN�W^i•+r•.i.wn•k.•rM :�RYt.. lll e+r M•..,� Im yrR �„,^•'.K;':a, : a':<.ti:p;L1. :�, .:.l.l:' ;.�. i s 1 ': •.. .... :��. �._.. 'aYQ / r', rt.R :a�.Sa `'�(•jyLr• ".L• 1' t j•�;r r.f,+,• .lam r9 Wit• ". I•�el.y �• ��: ♦ ' ±1Fk ` " F arp.rYr I t• ((4r ZVI. :. �E If • � 1 e _....l, l z 0 � L: •4 7.i::: r:�:• a .: 4' ... � :. t � �•. ..� :. �' use' .�� 4, �kr^�:jjK:.'%i •; Jl'..t.- _ .t� • i':1 Y: 1'"��•i; ._ {j� �•{1 •.. .. a N�.r 1 'wKN�W^i•+r•.i.wn•k.•rM :�RYt.. :�, .:.l.l:' ;.�. i s 1 ': •.. .... :��. �._.. 'aYQ / r', rt.R .. i:iGiri+ .Y .= • .� . �Y ` jG1a " we ��: ♦ ' ±1Fk ` " F arp.rYr I +� ^..f�w�M t ". �•:. !. sN'R. r � �i.� j ••��•• � - Jw 1...• ' � Y�..sV...:..:_ i �. ;. ;..� • .r , - SR _:,..ir «.n , y am . ,���'.�1 .-�[• , �w n +.. QM !.. \'�i. t +: . �r.BNyM�V%Y�Mt•11 •R� :. •� � it ~ • ..,. _'•, - o t• ((4r ZVI. :. �E If • � 1 e _....l, l z 0 � L: •4 n in . ,f 1 s . I ■ d" ;f 4 pi •t• ls 1•• Brootdy n �C�e yfiet li�h School :1 • 1 . ... •f. ��4�T?►hrYhN7.= w'il:hft�k (: .. � � . � .' - - w i �.� r�l \Jf ). •'v ,�. T . 'aYQ / r', rt.R .. i:iGiri+ .Y .= • .� . �Y ` jG1a " we +� ^..f�w�M t ". �•:. !. sN'R. r � �i.� j ••��•• � - Jw 1...• ' � Y�..sV...:..:_ i �. ;. ;..� • .r , - SR _:,..ir «.n , y am . ,���'.�1 .-�[• , �w n +.. QM !.. \'�i. t +: . �r.BNyM�V%Y�Mt•11 •R� :. •� � it ~ • ..,. _'•, n in . ,f 1 s . I ■ d" ;f 4 pi •t• ls 1•• Brootdy n �C�e yfiet li�h School :1 • • MEMORANDUM DATE: January 10, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott A. Brink, Consulting Engineer SUBJECT: Preliminary Site Plan Review Brooklyn Center High School Facility Improvements, Phase Il I have reviewed the subject plan as referenced above, and have the following observations and comments at this time. Generally, it is proposed to construct a new detached garage at the rear (north side) of the school building, along with three other additions to the main building. Some additional paving is also proposed around the new garage structure. The following plans were reviewed: • 1.. Sheet AS 1. 1, Site Plan, dated December 23, 2002, Leonard Parker Associates Architects, Inc. 2. Existing Topographic Data Sheet provided by Leonard Parker Associates Architects, Inc., (no title, source, or author provided). Observations and comments are as follows: ! The proposed project will require the review and approval of the West Mississippi Watershed Commission. Drainage around the proposed bus garage and additional paving will need to be addressed further. Grades and topography in this area are extremely flat, and the site plan does not provide details regarding the drainage; a grading and drainage plan must be provided. The Watershed will also require a grading and drainage plan for its review. In addition, the newly paved bituminous areas will require curb and gutter in accordance with City standards. There does appear to be storm sewer available to the east of the proposed improvement area. Typically, the Watershed will require that a plan of this nature address storm water treatment. It is recommended that the applicant pursue this issue further with the Watershed Engineer to determine what may be - required and considered feasible in this application. ! There are no new connections to City water and sewer facilities shown for the building • additions. The plans shall be subject to the review and approval of the City Building Official and Fire Chief as required. City of Brooklyn Center Special Use Permits - Section 35 -220 2. Standards for Suecial Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are 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. 3. 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • REGULAR SESSION JANUARY 16, 2002 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdmann was absent and excused. John Whitehead was absent and unexcused. APPROVAL OF MINUTES — DECEMBER 12. 2002 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to approve the minutes of the December 12, 2002, meeting as submitted. The motion passed. ADJOURNMENT There was a motion Commissioner Newman, seconded by Commissioner Boeck, to adjourn the 2002 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:32 P.M. • ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Tim Willson, Graydon Boeck, Dianne Reem, and Sean Rahn. CALL TO ORDER: 2003 PLANNING COMMISSION The 2003 Planning Commission was called to order by Acting Chair Willson at 7:36 p.m. ROLL CALL 2003 PLANNING COMMISSION Acting Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdmann was absent and excused. John Whitehead was absent and unexcused. ELECTION OF 2003 CHAIR Acting Chair Willson opened the floor for nominations. Commissioner Boeck nominated Commissioner Tim Willson as Chair of the 2003 Planning Commission. Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the • nominations for Chair of the 2003 Planning Commission. The motion passed unanimously. 01 -16 -03 Page 1 There was a motion by Commissioner Reem, seconded by Commissioner Boeck to elect Commissioner Willson to the position of Chair of the 2003 Planning Commission. The motion passed unanimously. • ELECTION OF 2003 CHAIR PRO TEM Chair Willson opened for the floor for nominations. Commissioner Reem nominated Commissioner Newman as Chair Pro Tem of the 2003 Planning Commission. Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to close the nominations for Chair Pro Tem of the 2003 Planning Commission. The motion passed unanimously. There was a motion by Commissioner Boeck, seconded by Commissioner Willson, to elect Commissioner Newman to the position of Chair Pro Tem of the 2003 Planning Commissioner. The motion passed unanimously. 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. • CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN The public hearing was tabled from the December 12, 2002, meeting and Mr. Warren recommended to the Commission that the public hearing be tabled until the January 30, 2003 Planning Commission meeting when further information will be provided to the Commission. The public hearing should be opened and continued until January 30, 2003. PUBLIC HEARING — CRITICAL AREA AND MISSISSIPI NATIONAL RIVER AND RECREATION AREA PLAN There was a motion by Commissioner Newman, seconded by Commissioner Rahn to open the public hearing for discussion and adoption of the Critical Area and Mississippi River and Recreation Area Plan. The Chair called for comments from the public. No person from the public appeared before the Commission during the public hearing. There was a motion by Commissioner Boeck, seconded by Commissioner Reem to continue the public hearing and table discussion of the Critical Area and Mississippi National River and Recreation Area Plan until the January 30, 2003, Planning Commission meeting. The motion passed unanimously. APPLICATION NO. 2003 -001 (ISD NO. 286 BROOKLYN CENTER) • Chair Willson introduced Application No. 2003 -001, a request from Independent School District No. 286, Brooklyn Center, for a Special Use Permit and Site and Building Plan approval to construct a 9,000 sq. ft. school bus garage and various other additions to the Brooklyn Center 01 -16 -03 Page 2 Junior /Senior High School 6500 Humboldt Avenue North. The property in question is zoned g p p Y q R -1 (One Family Residence) and schools are special uses in the R -I zoning district. • Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 1 -16 -02 for Application No. 2003 -001 attached.) The school district proposes demolition of an old metal storage building to make way for a 9,000 sq. ft. school bus garage along with other additions to accommodate three new classrooms, an expansion of the kitchen, and the addition of a fitness and weight room including other interior improvements, upgrades and alterations. Commissioner Rahn asked where the buses currently are stored. Mr. Warren informed the Commission that the buses are currently parked outdoors behind the school and the addition of a bus garage would be an improvement to the site allowing these vehicles to be stored in an enclosed structure. PUBLIC HEARING — APPLICATION 2003 -001 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2003 -001 at 8:08 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Paul Hagen, Leonard Parker Architects, responded to Chair Willson's question regarding Recommendation No. 9 which addresses modifications to the dimensions of the garage to accurately reflect the size of the garage. • Commissioner Boeck asked about further information on the type of building being proposed for the bus garage. Mr. Hagen explained that the Building Official has informed him that a building of this size must meet energy code requirements, which requires it to be heated and insulated. Commissioner Reem asked for further clarification on lighting on the exterior of the bus garage. Mr. Hagen responded that there would be outside lighting on the bus garage to provide security around the building. Mr. Steven Anderson, Brooklyn Center School District, further explained the history of the bus service to include the number of buses on the site, maintenance of the buses, etc. He indicated there would be no maintenance on the vehicles done on site other than very minor matters. Vehicles are serviced and repaired off site. Commissioner Rahn made note of the City Engineer's memo indicating that the property is not currently connected to city sewer and water. Mr. Hagen responded that they plan to connect to city sewer and water with these improvements to the site. No other person from the public appeared before the Commission during the public hearing on Application No. 2003 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the • public hearing on Application No. 2003 -001 8:18 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. 01 -16 -03 Page 3 The Commissioners interposed no objections to approval of the Application. • ACTION TO RECOMMEND APPOVAL OF APPLICATION NO. 2003 -001 — ISD. NO. 286 BROOKLYN CENTER Thee was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to the City Council that it approve Application No. 2003 -001, submitted by ISD No. 286, Brooklyn Center, for a special use permit and site and building plan approval to construct a 9,000 sq. ft. bus garage and various other additions to the Brooklyn Center Junior /Senior High School, 6500 Humboldt Avenue North, subject to the following recommendations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 4. The building additions and the bus garage shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. B -612 curb and gutter shall be provided around all new driving and parking areas. • 6. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The proposed drainage provisions are subject to the review and approval of the West Mississippi Watershed Commission prior to the issuance of building permits for the proj ect. 9. Sheet AS 1.1 (Site Plan and Partial Site Demolition Plan) shall be modified prior to the issuance of building permits to accurately reflect the dimensions and location of the proposed bus garage facility on the north side of the site. 10. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 11. The special use permit amendment is granted for the construction of a new 9,000 sq. ft. school bus garage facility and three other additions to the Brooklyn Center Junior /Senior High School. Any other expansion or alteration of the facilitates not comprehended by this approval shall require an additional amendment to the special • use permit. 01 -16 -03 Page 4 Voting in favor: Chair Willson, Commissioners Boeck, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its January 27, 2003 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 Chair Willson addressed Commissioner Whitehead's absence at recent meetings and felt it was appropriate to contact him regarding his intention with the Planning Commission. Mr. Warren explained the attendance policy requirement for Commission members and said he would contact Commissioner Whitehead regarding his plan to remain on the Commission. Commissioner Reem asked about the status of the approved SuperAmerica at the corner of 69 and Brooklyn Boulevard and restaurants in and around Brookdale. Mr. Warren explained that it is expected that building permits will be issued this spring for SuperAmerica and updated the Commission on restaurant activity in the Brookdale area. Commissioner Boeck stated that he would like the record to reflect his appreciation to Chair Willson for his willingness to continue serving on the Planning Commission. Following a brief discussion, there was a motion by Commissioner Boeck, seconded by Commissioner Newman to express the Commission's appreciation to Chair Willson for his continued service, leadership, support and professionalism as a member of the Brooklyn Center Planning Commission. Voting in favor: Commissioners Boeck, Newman, Rahn and Reem. Chair Willson • abstained from voting. Voting against: None The motion passed. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:32 p.m. Chair Recorded and transcribed by: Rebecca Crass f Recording Secretary • 01 -16 -03 Page 5 City Council Agenda Item No. 9a Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 25 YEARS OF DEDICATED PUBLIC SERVICE OF CAROL HOLT WITH THE CITY OF BROOKLYN CENTER WHEREAS, Carol Holt has been an employee of the City of Brooklyn Center Community Activities, Recreation and Services Department from April 21, 1977, to January 31, 2003; and WHEREAS, Carol Holt worked as a part-time Recreation Secretary from 1977 to 1981; and WHEREAS, Carol Holt served as full -time Recreation Secretary from 1981 to 2003; and WHEREAS, Carol Holt has faithfully served the residents of the City of Brooklyn Center for over 25 years; and WHEREAS, during her tenure as Recreation Secretary, Carol Holt coordinated Community Center front office operations and supervised office staff, created the quarterly recreation brochure, and was instrumental in helping develop and manage the class registration, • sports league registration and Community Center user fee records; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that this resolution be and hereby is adopted in recognition and appreciation of the many accomplishments and 25 years of service to the City provided by Carol Holt. 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. 9b PROCLAMATION • DECLARING WE CARE ABOUT KIDS MONTH WHEREAS, Community Ahead and the Northwest YMCA are hosting the kick -off of WE CARE ABOUT KIDS MONTH on Saturday, February 1, 2003, as a free family event to promote youth assets; and WHEREAS, there are 40 development assets identified as the framework for. healthy growth in our children, including family support, bonding to school, making good decisions, resolving conflicts, and contributing to community; and WHEREAS, these 40 development assets will be the focus of WE CARE ABOUT KIDS MONTH through the volunteer efforts of community businesses, resource agencies, and schools; and WHEREAS, it is everyone's responsibility to build assets and help young people reach their potential; and WHEREAS, we encourage all residents of our community to attend the event to build assets while enjoying free entertainment, demonstrations, a student art show, free food, and the fourth annual Youth Asset Builder Role Model Awards on February 1, 2003, • from 10:00 a.m. to 4:00 p.m. at the Northwest YMCA in New Hope. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim that we are a City that cares about kids. BE, IT FURTHER RESOLVED, that February 2003, is declared WE CARE ABOUT KIDS MONTH throughout the City. Date Mayor Attest: City Clerk City Council Agenda Item No. 9c Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Man ger FROM: Sharon Knutson, City Clerk DATE: January 22, 2003 SUBJECT: Mayoral Appointment to Housing Commission Housing ommission two vacancies g � ) The Housing Commission is composed of a chairperson and eight members. Michael VonDeLinde and Dennis Snook resigned from the Housing Commission in 2002, thereby creating two vacancies with terms expiring December 31, 2004, and December 31, 2005, respectively. (NOTE: Notice of one more vacancy to fill the seat of Kathleen Carmody is posted with an application deadline of February 7, 2003.) Notice of vacancy on the Housing Commission was published in the Brooklyn Center Sun -Post on December 5 and 19, 2002. Notice was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 from November 15, 2002, through January 2, 2003. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only are copies of the applications received: JoAnn Campbell- Sudduth 4564 58th Avenue North, #267 David Johnson 3500 Admiral Lane Stan Leino 7118 France Avenue North A letter was sent to the applicants notifying them that their applications for appointment would be considered at the January 27, 2003, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. 3) Housing Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establishing Housing Commission duties and responsibilities. Recommended Council Action: Motion by Council to ratify the Housing Commission nominations by Mayor Kragness with terms expiring December 31, 2004, and December 31, 2005. • 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 of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; • 5. The City Clerk shall forward copies of the applications to the Mayor and City p pP Y Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES City of Brooklyn Center Office of the Mayor A Millennium Community • MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember eppe for P AWA— 101 FROM: Myrna Kragness, May DATE: January 22, 2003 SUBJECT: Housing Commission Appointments As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the following nominations to the Housing Commission: Stan Leino 7118 France Avenue North term expiring December 31, 2004 David Johnson 3500 Admiral Lane term expiring December 31, 2005 • 6301 Shin r 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 of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 22, 2003 Neighborhoods Applicants Current Members Southeast Mary Barrus 5441 Camden Avenue North Northeast Lloyd Deuel 1606 72nd Avenue North Northwest Stan Leino Ernie Erickson 6800 Drew Avenue North West Central JoAnn Campbell - Sudduth Kris Lawrence - Anderson • 4564 58th Avenue North, #267 5213 Eleanor Lane David Johnson 3500 Admiral Lane Central Judy Thorbus 6265 Brooklyn Drive Mark Yelich 6018 Beard Avenue North Southwest I Three (3) Vacancies. • CITY OF BROOKLYN CENTER COMMISSION BYLAWS Adopted: June 22, 1987 Amended: March 27, 1995 Pursuant to the following resolutions relating to and providing for the establishment, appointment, organization, and responsibilities of the Brooklyn Center Financial, Housing, Human Rights and Resources, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these bylaws and rules for the conduct of their affairs. COMMISSION RESOLUTIONS Financial 91 -115, 92 -99, 92 -168, 95 -78, 98 -13, 99 -110 Housing 73 -140, 75 -97, 77 -22, 87 -131, 92 -136, 95 -79, 98 -13 Human Rights and Resources 68 -44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135, 93 -76, 95 -80, 98 -13 Park and Recreation 73 -25, 77 -52, 87 -133, 92 -137, 95 -81, 98 -13 Planning 87 -87, 87 -134, 92 -134, 95 -82, Ordinance 35- 201 i Article I. Officers Section 1. Personnel The officers shall consist of a Chairperson and Vice - Chairperson. Section 2. Duties The Chairperson shall preside at all meetings and shall appoint Ad Hoc Committee members and Ad Hoc Committee Chairpersons. The Vice - Chairperson shall be appointed annually by the Chairperson and shall perform such duties as may be assigned by the Chairperson, and shall assume the Chair in the absence of the Chairperson. Article II. Meetings The Commission shall hold regular meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. • • Article IV. Attendance Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2. Membership Each Ad Hoc Committee shall have a Chairperson, who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. • Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article VIII. Parliamentary Authority Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. Article IX. Amendments These bylaws may be amended by a four - fifths vote of the City Council. • • RESOLUTION NO. 73 -140 RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION NO. 92 -136 RESOLUTION NO. 95-79 RESOLUTION NO. 98 -13 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and • WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: • 1. Advise, investigate and review relevant matters for the City Council. -1- • 2. Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. 3. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. 4. Work closely with the Planning Commission and all other commissions on matters regarding housing. 5. Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. 6. Develop and recommend standards for occupancy and maintenance of housing for the community. 7. Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. 8. Investigate new and innovative concepts in housing for the community. 9. Develop and recommend programs which will provide quality housing for low and moderate income citizens. • 10. Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization proj ects. 11. Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. 12. Investigate all housing programs in terms of life safety. 13. Provide education seminars for the citizens of Brooklyn Center in matters of housing. 14. Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. 15. Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. • -2- • Subdivision 6. MEMBERS METHOD OF SELECTION -TERM OF OFFICE - REMOVAL: Chairperson: The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to housing. • Vice Chaimerson: A Vice Chairperson shall be appointed annually b the Chairperson from 1 P pP Y Y � the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner it i pp ss suffers from an extended mess, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. • -3- Oualifications for Membership: Members of the Commission shall be residents of the City • of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Reauirements: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Initial Appointment: The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resianations- Removal from Office-Vacancies.: Commissioners may resign voluntarily or • may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; • -4- 6. The Mayor shall identify and include the nominee's application form in the City • Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Compensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. • Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. • -5- • Subdivision 11. NEIGHBORHOODS: Neighborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the • west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. • -6- City Council Agenda Item No. 9d Office of the City Clerk City of Brooklyn Center A Millennium Community 94 MORANDUM TO: Michael J. McCauley, City M er FROM: Sharon Knutson, City Cler DATE: January 22, 2003 SUBJECT: Mayoral Appointment to Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two -year terms by their respective City Council. Brooklyn Center appoints two members. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. One vacancy exists on the Advisory Commission with a term expiration of December 31, 2002. • Notice of vacancy on the Northwest Hennepin Human Services Council Advisory Commission was published in the Brooklyn Center Sun -Post on December 5 and 19, 2002. Notice was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 from November 15, 2002, through January 2, 2003. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only are copies of the applications received: JoAnn Campbell- Sudduth 4564 58th Avenue North, #267 Stan Leino 7118 France Avenue North A letter was sent to each applicant notifying them that their applications for appointment would be considered at the January 27, 2003, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. Recommended Council Action: Motion by Council to ratify the Northwest Hennepin Human Services Council Advisory Commission nomination by Mayor Kragness with term expiring December 31, 2004. 6301 Shingle Creek Parkway Recreation and Community enter Phone & TDD Number ber 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 of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; • 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES City of Brooklyn Center Office of the Mayor • A Millennium Community MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember Robert Pep e FROM: Myrna Kragness, Mayor 47 � 2 DATE: January 22, 2003 SUBJECT: Northwest Hennepin Human Services Council Advisory Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of JoAnn Campbell- Sudduth, 4564 58th Avenue North, 4267, to the Northwest Hennepin Human Services Council Advisory Commission with term expiring December 31, 2004. • i 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. 9e Office of the City Clerk City of Brooklyn Center • 104MI EMORANDUM A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M a er FROM: Sharon Knutson, City Clerk W_K� DATE: January 22, 2003 SUBJECT: Mayoral Appointment to Shingle Creek and West Mississippi Watershed Management Commissions Brooklyn Center is a member of both the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. The purpose of the commissions is to assist the member cities to preserve and use natural water storage and retention systems. The commissions are composed of citizen representatives appointed for three -year terms by their respective City Council. Each member city appoints one Commissioner and one Alternate Commissioner. A legal notice soliciting members for the Commissions was published in the Brooklyn Center Sun -Post on December 26, 2002. Notice was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 from December 18, 2002, through January 17, 2003. Notices were also sent to current advisory commission members. The joint and cooperative agreement for the establishment of the Commissions entitles the City of Brooklyn Center to appoint one Commissioner and one Alternate Commissioner. • Attached for City Council Members only are copies of the applications received: Graydon Boeck 5601 Indiana Avenue North Phil Carruthers ** 6018 Halifax Place Stan Leino 7118 France Avenue North Amy Luesebrink 5557 James Avenue North * *Mr. Carruthers left a voice mail message for the City Clerk on January 21 indicating that he would need to withdraw his application due to a conflict with the commission's monthly meeting schedule. A letter was sent to the applicants notifying them that their applications for appointment would be considered at the January 27, 2003, City Council meeting. Attachment: 1) Memorandum from Mayor Kragness indicating her nomination. Recommended Council Action: Motion by Council to ratify the Shingle Creek and West Mississippi Watershed Management Commission nominations by Mayor Kragness with terms expiring December 31, 2004. 0 6301 Shingle Creek Parkway Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org City of Brooklyn Center Office of the Mayor A Millennium Community • MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember Bob Peppe FROM: Myrna Kragness, Mayor DATE: January 22, 2003 SUBJECT: Shingle Creek and West Mississippi Watershed Management Commission Appointments I would request ratification from Council Members for the following nominations to the Shingle Creek and West Mississippi Watershed Management Commission: Commissioner: Graydon Boeck, 5601 Indiana Avenue North Alternate Commissioner: Amy Luesebrink, 5557 James Avenue North • 0 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 g Council Agenda Item No. 9f Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2003 WHEREAS, the City Council levies special assessments for neighborhood street projects, delinquent utility bills, and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes; and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded up to the next one -half percent; and WHEREAS, the most recent General Obligation bond sale resulted in a net interest rate of 3.45 percent. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the interest rate charged on outstanding special assessments for 2003 is 5.5 percent. 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 , a CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATE POLICY POLICY OBSECTIVE: The objective of this policy is to establish equitable interest rate charges for special assessments levied against private property and for internal loans between funds. In the case of special assessments, the goal is to not unfairly burden the property owner, but yet recover the cost of borrowing from outside sources, recover the cost of administering the special assessment, and protect the city from the possibility that special assessment prepayments might impair the city's ability to service the bonds. In the case of internal loans, the goal is to prevent the loss of interest income to city funds which would otherwise invest their money. PROCEDURE: 1. In January of each year, the staff shall review the previous year's interest rate against the current market and recommend to the City Council an interest rate to be adopted and used for all special assessments levied � and all internal loans outstanding for that year. The internal loan from the Capital Improvements Fund to the Golf Course shall continue at the interest rate approved for it by the City Council at the time it was set up. 2. a. The interest rate which will be used as a standard for setting the special assessment and internal loan interest rates shall be the interest rate from the City's most recent sale of improvement bonds with a ten year final maturity . b. If interest rates have changed substantially since that last bond sale, a comparable city's bond sale will be used from the listing in the League of Minnesota Cities magazine. Factors in determining comparability shall include: final maturity of the bonds, that they were issued by a city, that they were G.O. improvement bonds, and the city's bond rating. 3. To the interest rate from the most recent bond sale, 2 % shall be added to cover the city's cost of administration and protect the city from changes in market interest rates. The resulting interest rate shall be rounded to the nearest half percent. This policy was adopted by the City Council by motion on May..,13, 1996 . r; Memorandum Date: January 16, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Special Assessment Interest Rate Per City Policy adopted on May 13, 1996, the interest rate on special assessments and inter -fund loans is predicated on the most recent General Obligation bond sale of the City and the net interest rate on those bonds. The policy provides that the interest rate on special assessments shall be the net interest rate on the most recent General Obligation bond sale plus two percent rounded to the next one -half percent. For 2003, this rate would be calculated as follows: Net Interest Rate 2003 G.O. Improvement Bonds 3.4544% • Add Two Percent 2.0000% Subtotal 5.4544% Rounded to Next One -half Percent .0456% Rate 5.5000% We have prepared a resolution for Council consideration to adopt the rate as calculated above. • tl City Council Agenda Item No. 9g • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, AGREEMENT NO. 83632, TRUNK HIGHWAY NO. 100 IMPROVEMENTS, STATE PROJECT NO. 2755 -75 WHEREAS, the State of Minnesota, Department of Transportation (Mn/DOT) has issued construction plans providing for the reconstruction of T.H. 100 within the City of Brooklyn Center, from Twin Lakes to 50 Avenue North; and WHEREAS, said reconstruction of T.H. 100 will impact certain portions of City sanitary sewer and water main facilities; and WHEREAS, said portions of City utility facilities will require relocation and reconstruction as part of the roadway reconstruction; and WHEREAS, Mn/DOT has prepared Agreement No. 83632 to address City utility facilities impacted by roadway construction and to address related cost responsibilities; and WHEREAS, City staff and the City Attorney have reviewed said Agreement. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City of Brooklyn Center shall enter into Agreement No. 83632 with the State of Minnesota, Department of Transportation. 2. The Mayor and City Manager are authorized and hereby directed to execute Agreement No. 83632 with the State of Minnesota, Department of Transportation. 3. The City of Brooklyn Center shall provide a lump sum payment in the amount of $142,584.42 to the State of Minnesota, Department of Transportation for the City's share of sanitary sewer and water main construction and construction engineering to be performed upon and along Trunk Highway No. 100 from the south corporate City limits to Brooklyn Boulevard under State Project No. 2755 -75. 4. Said Agreement shall be subject to further review of the City Attorney as maybe necessary. • • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEMORANDUM DATE: January 21, 2003 TO: Michael McCauley, City Manager FROM. Scott Brink, Consulting Engineer SUBJECT: Resolution Authorizing the City of Brooklyn Center to Enter into an Agreement With the Minnesota Department of Transportation, Agreement No. 83632, Trunk Highway No. 100 Improvements, State Project No. 2755 -75 Summary Explanation The Minnesota Department of Transportation (Mn/DOT) has completed plans providing for the re- construction of T.H. 100 from Twin Lakes to 50'Avenue North, also known as Segment 4 of the larger T.H. 100 project. The Segment 4 project is currently scheduled to be let (opening of bids) on February 28, 2003. The main purpose of the Agreement is to provide for the responsibility and cost of City facilities impacted as a result of the T.H. 100 reconstruction. As part of the construction, significant • portions of City utilities (sanitary sewer and water) will be impacted, resulting in reconstruction and /or relocation of these facilities. The costs for this work are divided between MnDot and the City in accordance with MnDot policy for trunk highway constructions. This work will include the construction of new utility crossings, and the construction of new sanitary sewer and water -main pipes in several locations. The actual location and nature of the utility work is provided on the Mn/DOT construction plans, and attached to the Agreement. The portion of the utility cost attributable to the City, per this agreement, is $142,584.42. Funds have previously been earmarked from the water and sanitary sewer utility funds to adequately cover this cost. All work and inspection will be provided by Mn/DOT under their contract, and will be open to review and inspection by the City. It is recommended that the City Council authorize adopting a resolution entering into an Agreement with the Minnesota Department of Transportation, Agreement No. 83632, Trunk Highway No. 100 Improvements, State Project No. 2755 -75. Attached is a copy of the agreement for your information, and the referenced agreement exhibits are also available. Two original copies each of the Agreement and a Resolution provided by Mn/DOT have been provided for execution. re) m _ _ II � rr N. Z 1 2 4 OOIUGLAS �'� t DR. 7 1 , I {� OOIUGL.A51 I DR. • COLORADOV AVE. N. • /' BRUNSWICK AVE. N. ►•C r <r_ m • '� Z y a 00 - 0 C/I r T S,.�'.�� n ,yo AD AIR � _ • .V \ \\ I NNS . �' _ < - ' 0 • N \ N` /%' ZANE I p AVE. m s N•: ~ '� d'�'�ii' • fi r s ZANE s 0� YATES AVE. < N• r oE rlA YATES O c/ n XENIA I AYE. m N. ? XENIA ? AVE. o-N-'- N .O /� 1 N. WELICOME I° AVE. N• ? 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ANCE n� N. ci Z FRANCE <EAV N. r a �tn �' �^ 0 s a N + m o EWINC AVE. n N. �; i + , ° z P N EWIT7�m 7 = 7 DREW I{ ,< N. I; c 7 m a REW r Np41+_ -�_O m m Fgg z = In S p1�.OR 1 �. N CHOWEN SAVE. < z Sao q = N + t'F s 0 s e D OM- AVi - to DUSH4 MR g 7 C . AZgc NOF� 7 AVE, 0 N = A880TT z i', a ABBOTT AVE. R, -� ZENITH AVE. yIERXES < N. ? ZENITH AVE. _ N. tD ? O BROOKLYN h HAL . ERX Y({ \�XER XES \AVE. N., O z c N.. \ WA�iBURN . 0 ,550 WASH BURN \ \\ AVE. \ \ \ /,{ u s O A C N. a � �P VINCENT .: a VINCENT o AVE. N N. % � r V j + c UPTON ,pa � 7 AVE. u a N. ❑$ n•f N. THOM S m (THOMAS AVE. N. �< < S i I 1 I1 '�E N. n n > , SHER iDAN :^ AVE. N. 'F RUSSELL AVE.. ( N. RUSSELL AVE. + s IOUEEN < I AVE. N. '<OUEEN AaF N. '^@p <l PENN I AVE• r N•! ' PENN AVE. j o i m J z ° ° IOLIVER AVE. / N. OLIVER q( < r NEWTON G �v • AVE. N. NEWTON * N AVER, AVE. N ? \/ NEWTON AVE. d i m rn A MORGAN (�\ AVf. N. N. MOAGAN AVE. ? N f �c _ MORGAN AVE. _� ? ? P: / LOGAN s �^ AVE. < N. - U LOGAN (� AVE. N. < �, AVE LOGAH O KNOX AVE. N. ?KNOX Im I7 AVE. = Z Cq N z ? JAME • AVE. N. ,JAMES( < AVE, r IRVING AVE. N. � � AVE. -1NZ rrl C �m • m rF) Z Z O N N = �i U1 N 1 0 -4 0 Ln N -1 n N N W Aw jh• W N • PRE - LETTING STATE OF MINNESOTA Mn /DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 83632 -R S.P. 2755 -75 (T.H. 100 =130) Fed. Proj. NH 0100(302) The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Brooklyn Center (None) Re: City lump sum payment for sanitary sewer and water main • construction by the State on AMOUNT RECEIVABLE T.H. 100 from the south corporate City limits to $142,584.42 Brooklyn Boulevard THIS AGREEMENT 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 ". • 1 • 83632 WHEREAS, the State is about to perform grading, surfacing, drainage, noise and retaining wall, signing, lighting, and bridge construction and other associated construction upon, along and adjacent to Trunk Highway No. 100 from Twin Lakes in the City of Robbinsdale to Brooklyn Boulevard in the City in accordance with State plans, specifications and special provisions designated as State Projects No. 2755 -75 (T.H. 100 =130), No. 2755 -27280 (T.H. 100 =130), No. 2755 -27A74 (T.H. 100 =130) and No. 2755 -27R08 (T.H. 100 =130) and in the records of the Federal Highway Administration as Minnesota Project NH 0100(302); and WHEREAS, Minnesota Statutes Section 161.45, subdivision 2, allows for City -owned utility relocation to be included in a State construction contract, and City payment for such relocation in accordance with applicable statutes and rules for utilities on trunk highways; and • WHEREAS, the State contract includes City owned sanitary sewer and water main relocation construction to be performed within the Trunk Highway No. 100 right -of -way limits; and WHEREAS, the City has expressed its willingness to participate in the costs of the sanitary sewer and water main relocation construction and associated construction engineering in a lump sum amount as hereinafter set forth; and WHEREAS, in connection with the State contract, frontage road, storm sewer and pond construction to be performed along and adjacent to Trunk Highway No. 100 will be covered under Agreement No. 83633 between the State and the City of Robbinsdale; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and • cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. 2 • 83632 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise forbids and award a construction contract to the lowest responsible bidder for State Projects No. 2755 -75 (T.H. 100 =130), No. 2755 -27280 (T.H. 100 =130), No. 2755 -27A74 (T.H. 100 =130) and No. 2755 -27808 (T.H. 100 =130) in accordance with State plans, specifications and special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are incorporated into this Agreement by reference. Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities • performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and special provisions. Section C. Plan Changes, Additional Construction, Etc. The State shall make changes in the plans and contract construction, which may include the City cost participation construction covered under this Agreement, and shall enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State's Metropolitan Division Engineer at Roseville or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the • construction contract that will affect the City cost participation construction covered under this Agreement. 3 • 83632 Section D. Satisfactory Completion of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE II - INSPECTION BY THE CITY The City cost participation construction covered under this Agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City shall inform the State Division Engineer's authorized representative in writing of those defects. Any recommendations made • by the City.are not binding on the State. The State shall have the exclusive right to determine whether the State's contractor has satisfactorily performed the City cost participation construction covered under this Agreement. ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" and EXHIBIT " A " A SCHEDULE "I" and color -coded EXHIBIT " A " are attached and incorporated into this Agreement. The SCHEDULE "I" includes all City cost participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. EXHIBIT " A " shows all City cost participation sanitary sewer and.water main removal and construction covered under this Agreement. Section B. City Cost Participation Construction • 100 Percent shall be the City's rate of cost participation in all of the sanitary sewer and water main removal and construction as shown 4 • _ 83632 in "Yellow" on EXHIBIT "A ", to be performed upon and along Trunk Highway No. 100 from the south corporate City limits to Brooklyn Boulevard under State Project No. 2755 -75 (T.H. 100 =130). The construction includes those removal and construction items as tabulated on Sheet No. 2 of the attached SCHEDULE "I". Section C. Construction Engineering Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation construction covered under this Agreement. ARTICLE IV - PAYMENT BY THE CITY The City's share of the costs of the contract construction plus the 8 percent construction engineering cost share is the sum of • $142,584.42 as shown in the attached SCHEDULE "I ". The City shall advance to the Commissioner of Transportation the City's full and complete lump sum .cost share of $142,584.42 as shown in the attached SCHEDULE " I, " after the following conditions have been met: A. Execution and approval of this Agreement.and the State's transmittal of it to the City. B. The State's award of the construction contract. C. Receipt by the City of a written request from the State for the advancement of funds. • 5 • 83632 ARTICLE V - GENERAL PROVISIONS Section A. Plan Changes The City may request changes in the plans. If the State determines that the requested plan changes are necessary or desirable, the State will cause those plan changes to be made. Section B. Replacement of Castings The City shall furnish the State's contractor with new castings and parts for all inplace City -owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except for replacement of castings and parts broken or damaged by the State's contractor. Section C. Utility Permits • Upon the City's receipt of a fully executed copy of this Agreement, the City shall submit to the State's Utility Engineer an original permit application for all City -owned utilities to be constructed hereunder that are upon and within the trunk highway right -of -way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right -Of -Way" (Form TP2525). The City, through the State, shall submit to the Minnesota Pollution Control Agency the plans.and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, pursuant to Minnesota Statutes Section 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction to be performed by others under the construction contract. When the Minnesota Pollution Control Agency issues that permit or waiver, the City will promptly furnish the State a copy of • that permit or waiver so that the State's contractor may perform the construction or reconstruction. The City is advised that pursuant to 6 83632 Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. Section D. Maintenance by the City Upon satisfactory completion of the France Avenue, France Drive, France Place, 47 th Avenue North, 50 Avenue North and Lakeside Avenue North construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance shall include, but not be limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities • necessary to perpetuate the roadways in a safe and usable condition. Upon satisfactory completion of the France Avenue, France Drive, France Place and 47 th Avenue North storm sewer facilities construction and all other storm sewer facilities construction located outside the Trunk Highway No. 100 fencing retaining walls and noise walls to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine maintenance shall include, but not be limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. • 7 • 83632 Upon satisfactory completion of the City -owned utilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper .maintenance of those utilities, without cost or expense to the State. Upon satisfactory completion of the walkways and trails construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of the walkways and trails, without cost or expense to the State. Routine maintenance shall include, but not be limited to, snow, ice and debris removal, patching, crack repair, and any other maintenance activities necessary to perpetuate the walkways and trails in a safe and usable condition. • Upon satisfactory completion of the Noise Walls No. RN1, No. N2 and No. N3 construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of and keep in repair the City's side of those walls, without cost or expense to the State. Section E. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area ", which is on file in the office of the State's Division Hydraulics Engineer at Roseville and is incorporated into • this Agreement by reference. 8 • 83632 Section F. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 160.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section G. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern • liability of the City. Section H. Agreement Approval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE VI - AUTHORIZED AGENTS 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 purpose of the administration of this Agreement is Scott Brink, Acting City Engineer, or his • successor. His current address and phone number are 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430, (763) 569 -3332. 9 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF BROOKLYN CENTER DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By Division Engineer Date Approved: By By State Design Engineer Title Date Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By • Date OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Date • 10