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Home My WebLink About2002 01-28 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION January 28, 2002 6:00 P.M. West Fire Station Training Room 1. City Council discussion of agenda items and questions 2. Discussion of Orchard Lane School closing 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: January 24, 2002 Re: Orchard Lane School Closing This item is on the agenda to discuss the Council's thoughts on participation in the hearings that will be held regarding closing Orchard Lane. 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 MEETING Public Copy City of Brooklyn Center January 28, 2002 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 j the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance 6. Council Report • 7. Approval of Agenda and Consent Agenda pP g g -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. i 1. January 14, 2002 — Study Session 2. January 14, 2002 — Regular Session b. Licenses 8. Public Hearing a. An Ordinance Vacating Certain Utility Easements in BROOKLYN CROSSING 3 ADDITION •Requested Council Action: -Open the public hearing. • -Take public input. -Close the public hearing. - Motion to adopt ordinance. I • CITY COUNCIL AGENDA -2- January 28, 2002 9. Council Consideration Items a. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements •Requested Council Action: - Motion to adopt resolution. b. Mayoral Appointment to Park and Recreation Commission *Requested Council Action: - Motion to ratify Mayoral appointment. C. An Ordinance Amending Sections in Chapter 12 the Brooklyn Center Code of Ordinances Relating to the Licensing of Rental Properties • Requested Council Action: - Motion to approve first reading and set second reading and public hearing for February 25, 2002. d. Report on State Budget Shortfall -Requested Council Action: -None, report only. e. Report on Heritage Festival *Requested Council Action: -None, report only. f. Resolution Designating 2002 Planting List of Allowable Boulevard Tree Species •Requested Council Action: - Motion to adopt resolution. 10. Adjournment s 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 14, 2002 WEST FIRE STATION — TRAINING 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 Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember Ricker was absent and excused. Also Present: City Manager Michael J. McCauley and Assistant City Manager Jane Chambers. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS The Council discussed several agenda items including 7f, Resolution Authorizing City Manager to • Sign Settlement Agreement with Bossardt Corporation. The Council inquired whether there would be any further payments required. City Manager Michael McCauley advised that pursuant to this agreement the City would not pay to Bossardt Corporation the remaining $20,000 to $30,000 required under the contract. Both sides would be walking away from any claims against the other party. Councilmember Nelson inquired as to the impact of the proposed agenda item 8a, An Ordinance Establishing the Central Commercial Overlay District, and why a larger area was not included. Mr. McCauley responded that the uses identified in the overlay district were felt to be incompatible with a regional shopping center area and would not aid in providing synergy to the redevelopment of Brookdale. This area was limited to the area immediately around Brookdale for those reasons. Councilmember Lasman inquired regarding the depth of the language and its application. Mr. McCauley indicated that there might well be circumstances that the Council would want to consider on an individualized basis for potential amendment to the ordinance, such as educational institutions having a massage program. This ordinance however would allow the Council the opportunity to review such situations in depth, but prevent businesses from going into the area around Brookdale that would not be compatible with a regional shopping center. Mayor Kragness asked if the purchase in item 7c, Resolution Authorizing the Purchase of One 16 Foot Rotary Mower with Attachments, should be deferred given the uncertainty at the State level. • Mr. McCauley advised that the funds for this were in the Central Garage Budget and were available and not part of the current General Fund Budget. 01/14/02 -1- DRAFT In addition, if it were necessary to cut back on maintenance activities, large pieces of equipment such • as the rotary mower would be all the more important. Mayor Kragness indicated that she wished to add an item to the agenda as item 9o, Proclamation Declaring January 21, 2002, as Martin Luther King Jr. Day. Mayor Kragness discussed correspondence from the Park Center Drama Association. The Park Center Drama Association was requesting donations to improve the sound, light, and video systems for the Park Center High School Drama Department. The Council requested a copy of the request and indicated that some of the Council was interested in making individual contributions to assist the Drama Department. Councilmember Lasman recalled that the Drama Department had assisted in last year's Birthday Celebration. DISCUSSION OF JANUARY 28 CITY COUNCIL MEETING Councilmember Peppe identified some of the areas that he would like addressed at the meeting with representatives of the Department of Health, Minnesota Pollution Control Agency, and the Minnesota Department of Transportation (Mn/DOT). Among those issues were assurance on the necessary approvals for the project from an environmental standpoint, information on any implications of relocating the wells and abandoning testing wells, and information as to what • happens if there are any contaminants arising out of construction. Councilmember Peppe is interested in whether or not acquiring the right -of -way for the road would release Joslyn from any liability and whether Joslyn would still be liable. He also wanted information on responsibility for the environmental issues once the road was built. Councilmember Peppe discussed the issue of Mn/DOT objecting to being designated the responsible governmental unit and then changing its position a month later and wanted to know what had occurred to trigger that. Mr. McCauley indicated that a partial answer to that was that City staff had contacted Mn/DOT regarding this issue. City staff had indicated that it was a Mn/DOT project that the City was undertaking on their behalf and that Mn/DOT should be the responsible governmental unit. Also, the office that received the inquiry was a different office and not necessarily in communication with that part of Mn/DOT responsible for the project. Councilmember Peppe wanted to know who would be advising regarding some of these legal issues. Mr. McCauley indicated that Mr. LeFevere was familiar with many of these issues. Since some of the Mn/DOT officials involved would not be available on January 28, 2002. It was the consensus to have this matter on the regular February 11, 2002, City Council agenda. DISCUSSION OF FEBRUARY 14 CITY COUNCIL RETREAT AND FEBRUARY 19 CITY COUNCIL WORK SESSION The Council discussed the format for the February 14, 2002, Council Retreat and it was the consensus that the normal format would be followed for the retreat. 01/14/02 -2- DRAFT • The Council also discussed the February 19, 2002, worksession. In addition to Councilmember Ricker's item regarding rental housing ordinance changes, Councilmember Peppe's discussion item about the Smart Growth impacts and discussing the big picture in responding to whatever was drafted for consideration, along with the City Managers salary and contract for 2002, Councilmember Peppe suggested discussion of the impacts of the phase out of limited market value on Brooklyn Center homeowners and what options there may be to reduce those tax implications. MISCELLANEOUS No miscellaneous items were discussed. ADJOURNMENT The Council continued into open forum at 6:45 p.m. City Clerk Mayor 0 01/14/02 -3- DRAFT . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 14, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center Council continued from its study session into informal open forum at 6:45 p.m. John Myszkowski, 3106 O'Henry Road, spoke regarding the potential closing of elementary schools in Brooklyn Center by the Osseo School District. Mr. Myszkowski suggested looking at alternate ways to keep the schools open, such as a special assessment against all of the homes in the attendance area. Mayor Kragness advised Mr. Myszkowski that the Council had previously sent a resolution to the Osseo School Board opposing closing any of the schools and urging people to consider attending the School Board meeting. Joel Downer, 7030 Irving Avenue North, spoke to the Council asking them to consider acquiring an ® automated pawn system for the Police Department. 2. INVOCATION 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember Ricker was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Laura Beck. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was spoken. • 01/14/02 -1- DRAFT 6. COUNCIL REPORT • Councilmember Lasman reported that she attended the Northwest Human Rights Committee Meeting on December 4, 2001, the Electric Credit Union Ribbon Cutting on December 5, 2001, the Brooklyn Center Special Events Committee on December 7, 2001, the Northwest Human Rights Cross - Cultural Dialog Get Together on December 12, 2001, and the Thunder Alley Kick -Off Event on December 27, 2001. She mentioned that on February 16, 2002, that an event sponsored by the Interfaith Community would be held at the St. Girard Church. Councilmember Nelson mentioned that District No. 281's Community Ahead would be sponsoring the fourth annual We Care About Kids Month starting on February 2, 2002, from 10:00 a.m. to 4:00 p.m. at the Northwest YMCA in New Hope. Mayor Kragness mentioned that the Osseo School Board would be holding a meeting in regards to closing schools on January 15, 2002, at the Osseo Senior High School, 7:00 p.m., and urged residents of Brooklyn Center to attend. Mayor Kragness discussed that the Cross - Cultural Dialogs that Councilmember Lasman had previously mentioned will be February 25, 2002, at Rockford Road Library from 5:30 p.m. to 8:00 p.m. and on March 17, 2002, at the Heritage Festival at the Brooklyn Center High School. Mayor Kragness reported that she had been invited to and attended the Celebration for the Hmong New Year on December 29, 2001, and that the event was very impressive. • 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the December 10, 2001, regular session and the December 27, 2001, special session. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle 01/14/02 -2- DRAFT o GASOLINE SERVICE STATION B.C. Municipal Garage 6844 Shingle Creek Parkway Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69 Avenue North Christy's Auto Service 5300 Dupont Avenue North Hark's Company 6501 Humboldt Avenue North Holiday Stationstore #292 42066 th Avenue North Humboldt Texaco 6840 Humboldt Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Transit 6845 Shingle Creek Parkway Osseo - Brooklyn Bus Company 443568 th Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard Qwest Communications 6540 Shingle Creek Parkway Speedway Super America #4058 1901 57 Avenue North Speedway Super America #4160 6545 West River Road Terry Presler Amoco 6044 Brooklyn Boulevard MECHANICAL Ditter, Inc. 820 Tower Drive, Hamel Green Mechanical Inc 8811 E. Research Center Road, New Hope Newman Mechanical Inc. 1400 East Highway 36, Maplewood • PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle RENTAL Renewal: Marvin Garden Townhomes Redevco Marvin Garden LTD 6037 Brooklyn Boulevard Gerald Fenstad 4220 Lakeside Avenue North Richard Arntson 5547 Lyndale Avenue North Alan Knudson 6100 Summit Dr N (Earle Brown Ter) Frances Lang 4811 Twin Lake Ave Curtis Erickson Initial: 5308 Emerson Avenue North Philip & Ginger Luoma Anderson 6706 Scott Avenue North Tina Langhans 5104 Twin Lake Boulevard Nya Bowman SIGN HANGER Signcrafters 7775 Main Street NE, Fridley • 01/14/02 -3- DRAFT I TOBACCO RELATED PRODUCT AMF Earle Brown Lanes 6440 James Circle is American Legion Post 630 6110 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69 Avenue North Brooklyn Center Municipal 5625 Xerxes Avenue North Cub Foods 3245 County Road 10 Hark's Company 6501 Humboldt Avenue North Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore #292 42066 th Avenue North Humboldt Texaco 6840 Humboldt Avenue North International Food Market 6215 Brooklyn Boulevard JA Tobacco 5625 Xerxes Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard Rainbow Foods 6350 Brooklyn Boulevard Speedway Super America #4058 1901 57 Avenue North Speedway Super America #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Tobacco Deals, Inc. 6300 Brooklyn Boulevard Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Value Food 6804 Humboldt Avenue North Walgreen Company 6390 Brooklyn Boulevard TAXICAB Salem Ali 373 South Winthrop Street, St. Paul 7c. RESOLUTION AUTHORIZING THE PURCHASE OF ONE 16 FOOT ROTARY MOWER WITH ATTACHMENTS RESOLUTION NO. 2002 -01 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE 16 FOOT ROTARY MOWER WITH ATTACHMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION AMENDING THE 2002 ENGINEERING BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2001 ENGINEERING BUDGET • 01/14/02 -4- DRAFT RESOLUTION NO. 2002 -02 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2002 ENGINEERING BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2001 ENGINEERING BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE EXTENSION OF AN AGREEMENT WITH HENNPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE RESOLUTION NO. 2002 -03 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXTENSION OF AN AGREEMENT WITH HENNPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g y Y Lasman. Motion passed unanimously. 7f. RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN SETTLEMENT AGREEMENT WITH BOSSARDT CORPORATION RESOLUTION NO. 2002 -04 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN SETTLEMENT AGREEMENT WITH BOSSARDT CORPORATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7g. RESOLUTION MODIFYING THE FULL -TIME EMPLOYEE PAY PLAN FOR CALENDAR YEAR 2002 01/14 - /02 -5 DRAFT RESOLUTION NO. 2002 -05 • Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION MODIFYING THE FULL -TIME EMPLOYEE PAY PLAN FOR CALENDAR YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7h. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS RESOLUTION NO. 2002 -06 Councilmember Nelson 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 Lasman. Motion passed unanimously. 8. PUBLIC HEARING • 8a. AN ORDINANCE ESTABLISHING THE CENTRAL COMMERICAL OVERLAY DISTRICT City Manager Michael McCauley discussed that this proposed ordinance establishing a central commercial overlay district would establish some guidelines to protect and enhance the defined area and exclude uses to include sauna establishments, massage establishments, currency exchanges, pawn shops and secondhand goods dealers that were not compatible with a regional shopping center. A motion by Councilmember Lasman, seconded Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -01 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE ESTABLISHING THE CENTRAL COMMERICAL OVERLAY DISTRICT e 01/14/02 -6- DRAFT • The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LES THURS Mayor Kragness read the resolution expressing recognition of and appreciation for the dedicated public service of Les Thurs. RESOLUTION NO. 2002 -07 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LES THURS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION RECOGNIZING AND APPRECIATING THE DEDICATED • PUBLIC SERVICE OF DAVID ANDERSON Mayor Kragness read the resolution recognizing and appreciation the dedicated public service of David Anderson. RESOLUTION NO. 2002 -08 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND APPRECIATING THE DEDICATED PUBLIC SERVICE OF DAVID ANDERSON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. PROCLAMATION DECLARING WE CARE ABOUT KIDS MONTH Councilmember Nelson read the Proclamation Declaring We Care About Kids Month. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring We Care About Kids Month. Motion passed unanimously • 01/14/02 -7- DRAFT 9d. RESOLUTION AWARDING AUDIT SERVICES AGREEMENT TO DELOITTE & TOUCHE Councilmember Lasman read the resolution awarding audit services to Deloitte & Touche. RESOLUTION NO. 2002 -09 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AWARDING AUDIT SERVICES AGREEMENT TO DELOITTE & TOUCHE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested ratification of Councilmember Peppe as Mayor (President) Pro Tem and Councilmember Lasman as Acting Mayor (President) Pro Tem. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve ratification of Councilmember Peppe as Mayor (President) Pro Tem and Councilmember Lasman as Acting Mayor (President) Pro Tem. Motion passed unanimously. • 9f. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Councilmember Peppe read the resolution expressing recognition and appreciation of members who have served on City Advisory Commissions. RESOLUTION NO. 2002 -10 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. Motion passed unanimously. 9g. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES FOR OTHER ORGANIZATIONS OF 2002 01/14/02 -8- DRAFT o Mayor Kragness requested ratification of the following to serve as Liaisons to City Advisory Commissions and as City Representatives for 2002: Financial Commission Councilmember Nelson Housing Commission Councilmember Ricker Regional Human Rights Coalition Councilmember Lasman Park and Recreation Commission Councilmember Peppe Crime Prevention Program Councilmember Lasman NW Suburbs Cable Communications Commission Councilmember Nelson League of Minnesota Cities Councilmember Lasman North Metro Mayor Association Mayor Kragness Association of Metropolitan Municipalities Councilmember Peppe, Councilmember Ricker A motion by Councilmember Peppe, seconded by Councilmember Nelson to ratify the above. Motion passed unanimously. 9h. MAYORAL APPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Kragness discussed that letters had been mailed to commissioners who had terms expiring on December 31, 2001, and that the following would like to be reappointed: • Financial Commission Jay Hruska 5012 North Lilac Drive Lawrence Peterson 5830 June Avenue North Housing Commission Lloyd Deuel 1606 72nd Avenue North Michael VonDeLinde 5312 Boulder Lane Mark Yelich 6018 Beard Avenue North Park and Recreation Commission Gail Ebert 1613 Irving Lane Don Peterson 3715 58th Avenue North Planning Commission Stephen Erdmann 4919 61st Avenue North Rex Newman 3107 61 st Avenue North John Whitehead 4807 Wingard Place Northwest Hennepin Human Services Council Advisory Commission Kathleen Ganter 5936 Xerxes Avenue North • 01/14/02 -9- DRAFT Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North A motion by Councilmember Peppe, seconded by Councilmember Lasman to ratify the above. Motion passed unanimously. Mayor Kragness expressed thanks to those listed above for extending their time of service. 9i. MAYORAL APPOINTMENTS TO NORTHWEST REGIONAL HUMAN RIGHTS COALITION Mayor Kragness requested ratification of Pangshoua Yang, 5725 Camden Avenue North, to the Northwest Regional Human Rights Coalition. A motion by Councilmember Nelson, seconded by Councilmember Lasman to ratify Mayoral nomination of Pangshoua Yang, 5725 Camden Avenue North, with term expiring December 31, 2004. Motion passed unanimously. Mayor Kragness expressed thanks to Ms. Yang for her interest in serving on the coalition. 9j. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS Mayor Kragness read the Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions. RESOLUTION NO. 2002 -11 Councilmember Nelson 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 Lasman. Motion passed unanimously. • 01/14/02 -10- DRAFT 9k. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER Mayor Kragness discussed that this resolution would designate the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center. RESOLUTION NO. 2002 -12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 91. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP Mayor Kragness read the title of this resolution and there was no discussion of the resolution that would appoint Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group. • RESOLUTION NO. 2002 -13 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 Peppe. Motion passed unanimously. 9m. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXCEED THE NUMBER OF SWORN POLICE OFFICER POSITIONS IN THE BUDGET Mr. McCauley discussed that he would like to extend the authorization to exceed the number of sworn police officer positions in the budget for another two -year period and the reasoning behind the request for this authorization. RESOLUTION NO. 2002-14 i Councilmember Lasman introduced the following resolution and moved its adoption: • 01/14/02 -11- DRAFT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXCEED THE NUMBER OF SWORN POLICE OFFICER POSITIONS IN THE BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9n. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN LABOR AGREEMENT FOR 2002 WITH LELS 82 Mr. McCauley discussed that this resolution authorizing the Mayor and City Manager to sign a Labor Agreement with LELS 82 covers a one -year wage increase of 3.5 percent for union patrols and detectives and that the increase is higher than others negotiated however, in other cities, the basic target is neither at the top or bottom. RESOLUTION NO. 2002 -15 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN LABOR AGREEMENT FOR 2002 WITH LELS 82 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember S Nelson. Motion passed unanimously. 90. PROCLAMATION DECLARING JANUARY 21, 2002, AS MARTIN LUTHER KING JR. DAY Mayor Kragness had requested that this Proclamation Declaring January 21, 2002, as Martin Luther King Jr. Day be added to the agenda and approved. She discussed that there will be a display at the Brookdale Library January 15, 2002, to February 5, 2002, during library hours. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt Proclamation Declaring January 21, 2002, as Martin Luther King Jr. Day. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting. Motion passed unanimously. City Clerk Mayor 01/14/02 -12- DRAFT • City Council Agenda Item No. 7b • OX City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 23, 2002 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 28, 2002. AMUSEMENT DEVICES - OPERATOR American Amusement Arcades 5930 Earle Brown Drive MECHANICAL Air Conditioning Associates 689 Pierce Butler Route, St. Paul Complete Mechanical, Inc. 5871 Queens Avenue NE, Elk River • Elite Heating & Air 3511 Kahler Drive NE, St. Michael Jay Hawk Mechanical 1245 Choke Cherry Road, Lino Lakes RENTAL Renewal: 3614 -16 50th Avenue North Kjirsten Bjerke- Keenan 7215 Girard Avenue North Marya Hage 4100 Lakebreeze Avenue North Bruce Waage 6813 Noble Avenue North David Zemke 6821 Noble Avenue North Reuben Ristrom 6835 Noble Avenue North Robert Berglund 7110 Riverdale Road ACR Homes, Inc. (James Nelson) 7240 West River Road Nedzad Ceric 7113 Willow Lane North Gary Johnson TOBACCO RELATED PRODUCT E.B.T. General Store 6120 Earle Brown Drive Hilton Hotel 2200 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard • ... 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. 8a MEMORANDUM • DATE: January 4 2002 ry , TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: An Ordinance Vacating Certain Utility Easements in BROOKLYN CROSSING 3 RD ADDITION The CSM Corporation has requested a utility easement vacation at the property located at 3200 Bass Lake Road. In the 1960's an easement was created for a segment of sanitary sewer extending connecting the centerline of Zenith Avenue South to Northway Drive. The segment of land has since been platted as BROOKLYN CROSSING 3 RD ADDITION and developed. The development included constructing the building located at 3200 Bass Lake Road and relocating the sewer accordingly. An easement was dedicated over the relocated sewer; however, the 1960's easement was never vacated. • This item is presented this evening for second reading and public hearing. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 28th day of January, 2002, at 7 Y g p g Y �'� p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating certain utility easements in Brooklyn Crossing 3rd Addition. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN BROOKLYN CROSSING 3r ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. A utility easement for sanitary sewer purposes 20 feet in width over and across part of Tract A, Registered Land Survey No. 1262, the centerline of said easement being described as follows: Beginning at the point of intersection of the north line of said Tract A with the • Centerline of Zenith Avenue North as platted in "GRIMME' S SECOND ADDITION "; thence running southerly along the southerly extension of said centerline of Zenith Avenue North to the common line between said Tract A and Tract B, said Registered Land Survey No. 1262 and there terminating; the boundary lines of said 20 foot easement extend Northerly to the North line of said Tract and Southerly to said common line between Tract A and B. is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of January 2002. 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Dr• K"Q.� -- O 90 100 J• SCALE IN FEET .JIW HEDLUND ENGINEERING • City Council Agenda Item No. 9a • MEMORANDUM DATE: January 24, 2002 TO: Michael McCauley, City Manager FROM: Todd Howard, City Enginee4 SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements A feasibility report and preliminary design have been completed for the above referenced project. The project was previously established by the City Council on May 29, of 2001, and two informational meetings have been conducted with residents and property owners since then. The attached feasibility report provides a detailed breakdown of specific proposed project work items and costs. The total project cost at this time is estimated to be $3,928,000. Funding sources for the project are proposed from a variety of sources as anticipated in the 2002 budget and CIP, and as • described in the feasibility report. The 2002 budget provides $3,425,000 for the City's share of improvement costs. The preliminary estimate of the City's share of the costs for this project is $3,100,000. The preliminary estimate includes a 10% contingency. We believe the budgeted funds will be adequate to cover the costs of the project. Staff have conducted two informational meetings, and have twice sent mailings to all property owners in the area with surveys requesting input from residents on the project and various issues. A summary of the survey responses is attached. The informational meetings were generally positive in nature with the majority of questions and concerns relating to specific construction related issues. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project for February 11, 2002. • r City of Brooklyn Center A great place to start. A great place to stay. • 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569 -3340 FAX: 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR • GARDEN CITE' SO UTH NEIGHBORHOOD IMPROVEMENT PROJECT NOS. 2002 -05, 06 &07 JANUARY, 2002 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota Reg. No. 23095 Todd Howard. P. E. City Engineer January 23, 2002 • Feasibility Report Garden City South Neighborhood Page 1 OVERVIEW (see Figure 1) • These proposed projects include roadway and utility improvements for the Garden City South Neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of the following streets: all streets bounded by Brooklyn Boulevard on the west, Shingle Creek on the east, 61" Avenue on the north. and Northway Drive to the south. Xerxes Avenue between I- 94 and Northway Drive is also proposed for pavement rehabilitation (see map). Estimated costs for the new street improvements are included in a Cost and Funding Chart on the attached Figure 5. This report was prepared in accordance with previous direction of the City Council that staff would conduct Public Information meetings. On November 15, 2001 and January 15, 2002, public information meetings were conducted. PROPOSED IMPROVEMENTS STREETS Improvement Project 2002 -05 (see Figure 1) The majority of the streets in the proposed project area are classified as local residential streets, originally constructed in conjunction with utility installations in the late 1950's and early 1960's. All of the existing streets are very flat, and in most areas do not have concrete curb and gutter. On average, the streets are 30 feet wide, with a pavement thickness of about 2.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's • Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction is warranted. It is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. On- street parking on both sides would continue to be allowed on all streets as existing and in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. Traffic volumes on most of these streets are typical of local residential streets. Traffic counts on 59`' Avenue indicate approximately 1,000 vehicle trips per day, which is consistent with traffic volumes on residential streets. Some residents in the area have expressed traffic speed concerns. Most of the concerns were generated from 59 ' Avenue, citing cut through traffic and speeding as primary issues. Residents on Beard Avenue also expressed concern of speeding traffic. Traffic calming measures were reviewed with residents but due to a lack of consensus are not proposed as part of the improvements. Xerxes Avenue is a Municipal State Aid street with traffic volumes of approximately 9,000 vehicles per day. The segment of street was constructed to its current alignment in the 1950's. In 1985, the pavement was milled and overlayed and repairs were made to the concrete curb and gutter. The existing pavement is 4 -5 inches thick and the aging pavement is showing signs of distress. A total • depth mill and overlay is proposed and is the most cost effective rehabilitation strategy. Feasibility Report Garden Cite South Neighborhood Page 2 There are no new sidewalks proposed as part of the project. Portions of the existing sidewalk on Xerxes Avenue would be replaced and new concrete pedestrian ramps are proposed. Additional enhancements to the median on Xerxes Avenue include colored concrete, street lighting and trees. No • new sidewalks or trails are included in the cost estimates. The cost estimates in this report do include a lump sum allocation ($30,000) for planting boulevard trees to replace those removed. An amount of $80.000 has also been allocated for replacement of street lights. Staff is working with Xcel Energy at this time to determine final pole locations and determine if more street lighting is needed. STORM DRAINAGE Improvement Project 2002 -06 (see Figure 2 for proposed storm sewer system) The existing storm sewer system in the project area was installed on a per development basis and is undersized throughout the proposed project area. Piping and storm water intakes are proposed in this area to alleviate localized drainage problems. The surface water runoff from the project generally flows from west to east into Shingle Creek. The southern portion of runoff from the Garden City South neighborhood is piped along the north side of 59 "' Avenue to Upton Avenue south toward the Summerchase Apartment complex where it outlets into Shingle Creek. Portions of the trunk storm sewer along 59 " Avenue are undersized and additional catch basins are needed to prevent localized flooding. Survey results received from residents also indicate some localized incidents of standing water. The northern portion of the project area is piped down 60 " Avenue and 61" Avenue and outlets into a drainage ditch north of the Little League fields. Additional intakes are proposed and the existing interceptors on 60 " Avenue and 61S` Avenue will be utilized to the extent practical. A pond is proposed to treat the surface water runoff from this drainage area and maintenance is required on the existing ditch. A smaller drainage area east of Xerxes Avenue is proposed to be routed to Shingle Creek along the 60 "' Avenue alignment. Figure 2 shows a preliminary concept for storm drainage improvements to serve the project area. The project design essentially provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. To the extent practical, the existing storm sewer system will be utilized. Additional piping, intakes throughout the proposed project area, and treatment ponds are estimated to cost $669,000. SANITARY SEWERS Improvement Project 2002 -07 (see Figure 3) • All sanitary sewers in the project area generally are 8 -inch diameter or 10 -inch diameter clay pipe, installed in the late 1950's and early 1960's. Because these sewers were constructed without gaskets in Feasibilii) Report Garden City South Neighborhood Page 3 the joints, they are subject to a modest level of ground water infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. City maintenance records along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate various experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. City maintenance staff is required to routinely perform root sawing on the sanitary mains in the project area to prevent back -ups. The televised inspections have indicated that root infiltration is significant throughout the majority of the sanitary sewer system in Garden City South (Figure 3). In particular, root infiltration and blockages are seen at the connection points between private service lines and the mains. Therefore, nearly all sewer mains in the project area are proposed to be replaced. Sewer mains along Beard Avenue and along 61st Avenue are in excellent condition and replacement does not appear warranted. Staff has compared costs of complete replacements vs. repair and replacement of specific problem areas only. Because of construction methods, mobilization costs, and in consideration of the final product and long term performance, it has been determined that in the long -term perspective, complete replacement appears more feasible at this time. An attempt will be made during the development of detailed plans to avoid replacing services in circumstances where complete replacement is not warranted. A force main on Vincent Avenue was constructed in the 1950's out of cast iron pipe. The segment of forcemain to the north of the project area and to the south of the project area has been replaced. Replacement of this forcemain is proposed. • Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. At this time the estimated cost of sanitary sewer work as proposed is $632,000. WATER MAINS Improvement Project 2002 -07 (see Figure 4) The water distribution system in this particular neighborhood was installed in the early 1960's with cast iron pipe. Based on the year installed and the information received from the resident surveys, the cast iron pipe has corrosion resistant lining. Water pressures throughout the system are adequate. However, in some instances, water may become stagnant in certain areas, such as the dead end streets and the Upton Avenue cul -de -sac, as a result of poor circulation, and thus contribute to the water quality related problems. The cast iron pipe is brittle. In areas where deep trenching will disturb the soil, thereby increasing the risk of breaking, the mains will be replaced. In addition, leaky valves, and aging hydrants would be replaced as part of this work. The cost of this water system work is estimated to be $315,000. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 5) • The total estimated cost for the proposed project is $3,928,000. A detailed breakdown of this Feasibility Report Garden City South Neighborhood Page 4 estimate, as well as funding sources is explained as follows in this report and attachment. Costs and Funding for Street Improvements, Proiect No. 2002 -05 • The estimated ro'ect cost for roadway improvements for all streets in this project area is $2 312,000. P J Y P P J , These costs include project administration, engineering, street lighting and reforestation. It is proposed to levy special assessments for street improvements in accordance with the 2002 rates adopted by the City Council. The rates adopted by the City Council provide for a standard 2002 residential street assessment rate of $2,400 per residential property. The mill and overlay assessment rate is proposed to be $1,755 per residential property. These rates would be assessed to all benefited residential r ertie show for non-residential ro erties is pop s as n m Figure L The assessment rate o properties proposed to be $0.29 per square foot. On this basis it is estimated that special assessments totaling $639,044 would be levied for street improvements. Costs and Funding for Storm Drainage Svstem Improvements, Proiect No. 2002 -06 The total estimated cost for storm drainage improvements within the Garden City South Neighborhood area is $669,000. This includes the cost of storm sewer construction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the 2002 rates adopted by the City Council. Application of this rate to properties benefited by these improvements will result in estimated special assessments of $790 per single- family residential unit. The rate for non - residential properties is proposed to be $0.14 per square foot. The total cost to be assessed would be $190 602.22. The Storm Drainage Utility Fund would for a substantial amount • � Y pay of the remainder of the storm sewer costs. Costs and FundinL- for Sanitary Sewer and Water Main Improvements, Proiect No. 2002 -07 The estimated cost of sanitary sewer repairs and /or replacements is $632,000 and the estimated costs for water main repair and /or replacements is $315,000. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Recommended 2002 Proiect Schedule January 28 City Council receives feasibility report and calls for public hearing February 11 Public Hearing, City Council may authorize the project and order preparation of plans and specifications February 28 Approve plans and specifications, authorize Ad for Bids March 25 Bid opening • April 8 City Council awards contract May 1 Start construction Feasibility Report Garden City South Neighborhood Page 5 September Construction Substantially Complete • September Special Assessment Hearing Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. , V�� Todd Howard, P. E. City Engineer Reg. No. 23095 Feasibility Report Garden Cin South Neighborhood Page 6 Garden City South Reconstruction Area 94'694 Overview - Project Area --, 66TH AVE. N. 65TH AVE. N. 64TH AVE. N. _zL__ O'HENRY RD. � 1 ; > I ¢ 63RD. AVE. N. {wl NASH RD. w� MUMFORD RD: � L - BROOKLYN DR. � }I AVE. N. _J N � - 61ST AVE. N. z .. - -_ -60TH AVE. N. / yw of 59TH AVE. N. Not to Scale Fi g. r /V O R hORTHw Y Ty o BY O R Garden City So u 4 Pn Reconstruction Area STORM MAINLINE REPLACEMENT ° -- -- - - - - EXISTING STORM SEWER TO REMAIN - - - - - STORM MANHOLE - Sto Sewer CATCH BASIN Overview - Project Area ' ' IS �TA 6 ST AV N. i E — 0TH AVE. N 6 L1J w �_ ; �- w Q_ _�_ Q z o Cn m - m -- w m = U w M m- z- O w �- - 0 — _ 9TH AVE. N. Not to Scale Fig. 2 a • Garden City outh Reconstruction Area SANITARY MAINLINE AND S anitary Sewer SERVICE REPLACEMENT Overview - Project Area SANITARY SERVICE REPLACEMENT o -- o -- o -- o -- o -- 0 6 S T AVE. N, SANITARY SERVICE REPLACEMENT SANITARY FORCEMAIN REPLACEMENT LIF S = 0 I 61ST I AVE. I N. I I I 1 0 0 0-0- -- 0-- 0- 0--- 0-- 0®- 0--00 -- 0 --0- -1 I o 0 0 0 o I I i � -_- – _ I o 0 0 o - I = AVE. N. I - 60TH 0 _ o = . >- - w - w = > N al Q- >= Q- Q _0 Q = �° I f- = = Cn �� z z Q o W- w O �— - z - cn - - O - - w o m - _ = - N — n w.,u: .,.L:, ,,.. ,.,, ,,...<..,,- .., = yu _..- ,,:....., L, , ,, , yew ,., ,,•, , .,.,...,... .. .. ..,. d -- — _ 59TH _ AVE. I I® I k Not to Scale F 3 Garden City Skth Reconstruction Area WATERMAIN REPLACEMENT EXISTING WATERMAIN TO REMAIN — w W— Watermain I Overview - Project Area J I 61 ST I AVE. `N l '—w—T W -7W W I W W-1 I 60TH I AVE. N. LJ W. Q Q z cn I � z � w I X - - _- -� - � – m -� z -� O -� m- z I > m — m W_ X- Q > Q n a l N � I 59TH AVE. I i � � I I Not to Scale FI 4 COSTS & FUNDING - IMP. PROJECT 2002-05,06 & 07 GARDEN CITY NORTH - FEASIBILITY SUMMARY ESTIMATED EXPENDITURE STREET SANITARY WATERMAIN STORM ESTIMATED SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 1,848,000.00 $ 527,000.00 $ 265,000.00 $ 608,000.00 $ 3,248,000.00 CONTINGENCY (10 %) $ 184,800.00 $ 52,700.00 $ 26,500.00 $ 60,800.00 324,800.00 SUBTOTAL CONSTRUCTION COST $ 2,032,800.00 $ 579,700.00 $ 291,500.00 $ 668,800.00 $ 3,572,800.00 ADMIN, ENG., LEGAL $ 170,000.00 $ 52,000.00 $ 23,000.00 $ 53.00 $ 245,053.00 REFORESTATION $ 30,000.00 $ 30,000.00 STREET LIGHTS $ 80,000.00 $ 80,000.00 TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 2,312,800.00 $ 631,700.00 ( $ 314,500.00 $ 668,853.00 $ 3,927,853.00 ESTIMATED REVENUE STREET ASSESS = $2400 /UNIT X 2000NITS $ 480,000.00 $ 480,000.00 CITY OPEN SPACE $ 14,572.50 $ 14,572.50 STORM ASSESS = $790 / UNIT X 200 UNITS $ 158,000.00 RESIDENTIAL (Mill & Overlay) $1755 X 23 UNITS $ 40,365.00 $ - $ 40,365.00 COMMERCIAL ASSESSMENT (Mill & Overlay) $ 32,275.88 $ - $ 32,275.88 COMMERCIAL ASSESSMENT $ 67,533.17 $ 32,602.22 $ 100,135.39 LITTLE LEAGUE ASSESSMENT $ 4,297.61 $ 4,297.61 SANITARY SEWER FUND $ 631,700.00 $ 631,700.00 WATER FUND $ 314,500.00 $ 314,500.00 RES. STORM DRAINAGE ASSESS =$750/ UNIT X 288 UNITS $ 216,000.00 $ 216,000.00 STORM DRAINAGE UTILITY FUND $ 262,250.78 $ 262,250.78 STREET LIGHT UTILITY $ 50,000.00 MSA $ 390,000.00 $ 390,000.00 SPECIAL ASSESSMENT CONST FUND $ 1,233,755.84 $ 1,233,755.84 TOTAL EST. REVENUE (FEASIBILITY) $ 2,312,800.00 $ 631,700.00 $ 314,500.00 $ 668,853.00 $ 3,927,853.00 FIGURE 5 1 • • • GARDEN CITY SOUTH SURVEY SUMMARY RESULTS Address Trees Sanitary Storm Water Comments/ Concerns 61 AVE 3006 No trees by service. No No No Have underground sprinklers. In- ground pool drainage pipe to the street. If these are damaged will they be replaced? 3009 Trees are on private Have a slow toilet. Corner of York & 61" No Just do minimum required work. property. usually floods. Storm Assessment is going to be a financial drain is a problem. burden. We do not want expensive neighborhood beautification. 3100 No No When it rains hard No York & 61" —storm sewer can't take street floods bad. all the water. I've lost 2 cars to Front yard is under flooding in my driveway. Any water. 3100 and 3106 questions please call. are low spots. Get water in house all the time. I think street needs to be raised. 3106 No Yes Streets, yard and No Want to save three sections of my basement floods when driveway that will be removed. it rains hard. Sewers won't drain between Zenith and York. 1 • • a Address Trees Sanitary Storm Water Comments/ Concerns 61 AVE 3107 One blvd. tree we Twice have had line Street floods with Haven't Would like landscaping workshop. would like removed. cleaned in 11 yrs. heavy rains. Catch noticed. We Want to put in a new driveway during Maybe other trees as basin at 61 & York drink bottled construction. well. slow, ponding up to 3 water. feet. 3112 No No Streets flood with No Neighbors park on street over night heavy rain. Yard also and for long periods of time. This floods. should be first step in neighborhood beautification. Garbage containers left in front yard. 3200 In heavy rain water No Are we going to have a sidewalk? I'd 1 tree on top of Lined cleaned in 1988. sanitary sewer. will accumulate on like 61" raised a foot. drain. ABBOTT A VE 5835 No blvd. trees. Line cleaned twice in After heavy rain, No. A couple How can we beautify our dead -end? 4 years. streets drain slow. of times our Hope project doesn't increase water was pavement we want as much green as dark and possible. cloudy. 5842 No blvd. trees No No No Lots of police calls to apartments on Noi Dr., we are concerned about the crime. What is happening with the old Jerry's property? So many businesses are leaving B.C. 5900 -- Line cleaned approx. Flooding on the 2 Water is very Traffic cut through is bad. Police cars every 3 yrs. dead -ends. hard. are big offenders of speeding on 59 5912 -- Had service cleaned No No None last May — cause roots. 2 • • • Address Trees Sanitary Storm Water Comments/ Concerns ABBOTT A VE 5918 Yes Have line cleaned No No People should take more pride in their yearly due to tree yards. roots. 5924 Elm tree Clean line approx. No No No once a year. 5943 Yes Line cleaned every 2 Yes, in street. Approx. once No years. a year we get very rusty water. 5949 Elm tree Line cleaned every 2 During heavy rain our No No years. yard floods about 8 ". 6019 Blvd. tree removed Line cleaned every Corner of 60 "' & Water smells Landscape workshops and ideas for year. We have been Abbott Ave. and 59 swampy home remodeling. told we have "slipped & Abbott floods. occasionally. the " or mis- aligned pipe. I 3 • • • Address Trees Sanitary Storm Water Comments/ Concerns BEARD AVE 6000 -- No No No Straighten out 60 "'. 60'" & B. Blvd is a sharp corner, move the pole around the corner more. What trees are going? (see attachment) 6018 Trees Cleaned line once in 8 No Stale, musty Need to design street to maintain 20- years. Need quality tasting water 25 mph traffic. Need more pedestrian water tight installation that discolors and bike friendly roadways. Need of sewer pipes. Tupperware traffic calming features built into plastic. Rusty roadway and narrow roadway 26' at and metal intersections. Walkways needed on particles in Beard, 61 60 "' and 59"'. water. BROOKLYN BLVD 5930 -- No Yes, parking lot. No No UPTON AVE 5837 1 blvd. tree. No No No There are 2 handicapped people living here that cannot walk & need access to and from house everyday. 5842 Tree root problems. Have line cleaned Occasional water in Very hard and Hard to turn on and off to 50' from every 8 -10 years. basement from poor quality. Xerxes. It is a 90 degree turn with no plugged gutter from give. Plows also have trouble at this heavy rains. corner. Many many code problems with parking on street, no enforcement from BCPP unless they are pushed. Not much patrol by BCPP in our area. They are busy in other areas such as apartments. Neighborhood looks fair to junky! 4 i • • Address Trees Sanitary Storm Water Comments/ Concerns UPTON AVE 5843 Tree close to line. Yes but not for several No No Will I lose trees? Will our fence be years. affected? We have concerns about getting in and out both by car and by walking. 5913 1 tree Every 1 -1 /2 — 2 years No No No line plugged. 5918 Yes No Backyard floods from No Beautiful trees along street adds creek. Some water beauty to neighborhood. Removing sitting in street near them will set area back 75 years. driveway VINCENT A VE 5837 -- Line cleaned 1 -1/2 Basement flooding I think the Summer Chase Apts. is a thorn in our years ago. during heavy rain. water turn off sides for the neighborhood. Interested in my front in landscaping and remodeling. yard is damaged. 5843 Tree near sewer. Tree roots in line. No No No I 5913 One boulevard tree. No Basement flooding. No Interested in landscaping and remodeling workshops. 5937 One tree not on blvd. No Low spot on street at No No curb. 5948 -- No No No 60"' & Xerxes — evergreens block view. Need more flowering trees along Xerxes, Bass Lake Rd. and B. Blvd. Is the entrance to park going to be completed for park use? Are dead 5 • • • Address Trees Sanitary Storm Water Comments/ Concerns ends going to stay pretty much the same without major trench? What determines if a tree is removed? VINCENT A VE 6006 Yes Yes, every three years No No Can our blvd. tree be saved? line cleaned. Restoration work after construction is poor. I know I will have complaints regarding restoration. Maybe these issues can be resolved now with communication. WASHB URN A VE 5837 2 trees, one on blvd. Cleaned lines 4 years No No Concerned about Summer Chase Apts. in a roxv. Found Too much money spent on fire and heavy roots. police for those apts. My snow removal service has a hard time plowing. There is no place to turn around to put snow in my yard. Poor design of street from day one. 5813 No blvd. trees. Lines cleaned twice in No. Need to keep Yes Concerned about neighborhood 2 -1/2 years. brush, etc. away from upkeep. Concerned about Summer drains. Chase Apt. conflicts. What's happening with old Jerry's store? 5906 -- Never have had a No We have the Yellow flowers should be taken care problem. best water. of in the Spring, as well as the purple grass in the Fall. 6 I • • • Address Trees Sanitary Storm Water Comments/ Concerns WASHB URN AVE 5907 Yes Line cleaned once a No No Get rid of Summer Chase Apts. Need year. noise enforcement. 5918 Large Tree in front Line cleaned No No yard. numerous times. 5924 1 blvd. tree. Lines cleaned about No No Xerxes from 59` to north of I694 is a every 10 years. rather uninviting place to walk with traffic on both sides and power lines above. 1 suggest planting trees staggered on both sides of the sidewalk. This would provide a cooler, more pleasant place to walk in the summer; make the traffic and power lines less noticeable and beautify the avenue. I think the trees planted on Shingle Creek Parkway have accomplished some of those goals. 5936 Blvd. trees. Sewer line cleaned No No No about every 6 months. 5937 -- Sometimes get a No No Sometimes a few neighbors try to smelly "sewer" odor become mechanics and driveways and in the bathroom and garages become cluttered with too kitchen sinks even many cars in various stages of through we flush them disrepair. This becomes an eye sore. out occasionally with Does code enforcement work here? Hilex and hot water. 7 • • • Address Trees Sanitary Storm Water Comments/ Concerns WASHB URN A VE 5949 2 trees. Few years ago had No No No line cleaned. 6000 Trees removed. Haven't had a problem No No What's going to happen to ball park for a few years. traffic during construction? Code Enforcement needs improving. They cited some that didn't need it and didn't cite some that did. 6001 Blvd. tree. No No No Traffic problems on 60 "' to ball park. We have a large evergreen on blvd. we would like removed. 6006 No No No No No 6007 Trees in front yard. Yes. basement toilet No No No floods, and kitchen sink backs up. XERXES AVE. 5841 Large Elm tree. We have sewer No No No backups every 4 -6 months and have roots cut out. 5901 2 trees away from No No No Traffic on Xerxes seems to have sewer line. increased. The center boulevard on Xerxes would be nice to improve. 8 Address Trees Sanitary Storm Water Comments/ Concerns XERXES AVE. 5924 Elm tree in front yard. Line cleaned every 4 45 yrs. no problem. BC has best Xerxes has speeders and loud music yrs. water. from auto radios. Some back yards are an eye sore. Dog odors in summertime. 5925 No No No No Traffic is heavy on Xerxes wben backing out into street. 5943 Yes Cleaned one time No No Neighbor who never mows or rakes yard. 6001 No No No No No 6006 Blvd tree. Our sanitary sewer is No Excessive Too many emergency vehicles on buckled under the chlorine in Xerxes. storm sewer 37 ft. our water. from our house for 4 Cannot drink feet. When they it. Have installed the storm bought sewer they had to redo bottled water it twice; they kept for 25 years. buckling my sanitary sewer because of roots from a large blvd. tree. We clean lines every 6 months to 1 year. YORK AVE 5836 No Lines cleaned almost No No No every year since we moved in 12 years ago. 9 A • • Address Trees Sanitary Storm Water Comments/ Concerns YORK AVE 5841 Trees are not real No No No No close to street. 5842 No No Flooding at Xerxes No Very heavy traffic on 59 Can and 59 and 59' & anything be done to reduce the cut York Ave. through traffic? What's happening with the old Jerry's store? Site is an eye sore. Can we request the owners to clean it up. 5901 No No No No 5907 -- No Have flooding in my Water taste is Concerned about 59 "' becoming a driveway. poor. super highway. No one seems to do the speed limit or stop for Stop signs. Winter street parking not being enforced. Street lights and signs should not look industrial, they should be updated to a more pleasing look. 5912 Blvd. tree removed. Not since tree No No removal. 5919 Blvd. tree removed 3 No trouble since tree No No No years ago. was removed. 5925 No Sink drain clogged a No No No couple of times. 10 Address Trees Sanitary Storm Water Comments/ Concerns YORK AVE 5931 Elm tree. Lines cleaned every No Rust in water No year. about once a year. 5936 2 trees. Had line cleaned once No In Dec. 2001, Have people put garbage cans where in 5 years — no roots I had little they can't be seen from street. Some black things back yards need cleaning up. When that plugged construction starts, where do I park the screen on my car where it will be safe? We have my water tap. one Maple tree I want to save, the Cleaned them other one I would like removed. out and have had no problem since. 5942 Tree on blvd. Yes. Last serviced in No No No October 2000. 5943 Have several large Line cleaned yearly. No When they I have underground sprinklers and a trees. test hydrants 1 ' split rail fence to the street. sometimes experience problems. 5948 Blvd. tree. Lines cleaned about No No We have a block watch sign but don't every other year. have any block watch. 6000 -- Sewer has been No No I live on 60` & Xerxes and there is too cleaned twice in the many cars going from Brooklyn Blvd. last year or so. to ball park and to Xerxes. 11 Address Trees Sanitary Storm Water Comments/ Concerns ZENITH AVE 5835 Have Elm tree. Sewer cleaned once. No No No 5842 -- No No No Lots of traffic on 59' . People do not stop for Stop signs. 5925 Tree close to service. No No Hard water, Cars speed. There should be more use a lot of enforcement so the children are safe. salt for a j family of four. 5942 Two trees in front Just moved in a year No No Cars Qo through Stop sign at 60 "' & yard. ago but have had drain j Zenith. Vendors using 63 & B. Blvd, cleaned. 1 don't clean up after they leave. Makes the area look trashy. Do they need a permit for this? 6000 Elm in front yard. Lines cleaned once in No No The City needs to address its vacant 8 years. businesses. We've had issues with j neighbors concerning live chickens and pigs. Drug dealing and teens out after curfew. 6007 -- We've had lines No No Plant trees for those destroyed. cleaned 3 times in four years. We've had sewer back up in basement. Plus standing water at main drain. 12 • • • Address Trees Sanitary Storm Water Comments/ Concerns ZENITH AVE 6013 No blvd. trees. We have had service Corner of 60' & We Would like 60 "' Ave. from Brooklyn cleaned several times Zenith there is periodically Blvd. to Beard be in -line with rest of in last 5 years. ponding. have brown 60 If you are not aware of it, it puts water. If we you into the incoming traffic of leave water westbound 69 We could use more on it clears in street lights. Please plant trees in the 15 -20 median on Xerxes. It would enhance seconds. our neighborhood. Do not like the fake red painted corners. Leave them natural. They look cheesy! 6019 No No No No Landscaping Workshop. 13 Member introduced the following resolution and moved its ® adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities in the Garden City South Area as described in said report, and; WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, costs have been estimated for these proposed street, utility, and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of the street improvements against all properties within the project area: and a portion of the storm sewer improvements within designated sections of the project area; and WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM SEWER IMPROVEMENT 2002 -05 2002 -06 $2.3 million $669,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A public hearing shall be held on the 1 lth day of February, 2002, in the Training Room at the West Fire Station at 63" Avenue and Brooklyn Boulevard at 7:00 P.M., or as soon thereafter as the matter may be heard to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total improvement costs. is • 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. • City Council Agenda Item No. 9b • Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City MX"X<WAUJO� eT FROM: Sharon Knutson, City Clerk DATE: January 23, 2002 SUBJECT: Mayoral Appointment to Park & Recreation Commission Park & Recreation Commission (one vacancy) The Park & Recreation Commission is composed of a chairperson and six members. On December 12, 2001, Valerie Forsch informed Jim Glasoe that she was moving from Brooklyn Center, thereby creating a vacancy with a term expiration of December 31, 2004. Notice of vacancy on the Park & Recreation Commission was published in the Brooklyn Center Sun -Post on December 19, 2001. Notice was posted at City Hall and Community Center and aired on Cable Channel 16 from December 12, 2001, through January 14, 2002. 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 Cou al Members only are copies of the applications received also indicating in which Park Service Area (P.S.A.) each applicant resides: Lori Huot 5341 Twin Lake Boulevard East P.S.A. V Roger Peterson 151171" Avenue North P.S.A. II A letter was sent to the applicants notifying them that their application for appointment would be considered at the January 28, 2002, 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) Park & Recreation Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establishing Park & Recreation Commission duties and responsibilities. Recommended Council Action: Motion by Council to ratify the Park & Recreation Commission nomination by Mayor Kragness with term expiring December 31, 2004. 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 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.DOC Office of the Mayor City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Bob Peppe Councilmember Tim Ricker FROM: Myrna Kragness, Mayor DATE: January 23, 2002 SUBJECT: Park & Recreation Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Roger Peterson, 1511 71 st Avenue North (PSA 11) to the Park & Recreation Commission with term expiring December 31, 2004. 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 of Brooklyn Center • Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 23, 2002 Park Service Area App�icans ' , _> -:_ _ `: °..: ;° :';:; Current Members P.S.A. I Thomas Shinnick 5324 Oliver Avenue North P.S.A. II Gail Ebert 1613 Irving Lane P.S.A. III Bud Sorenson 6901 Toledo Avenue North • Richard Theis 3006 Thurber Road P.S.A. IV Loin Huo:: P.S.A. V � Don Peterson �34I.Trvi�i Lake �ouievard ast?N�_ - 3715 58th Avenue North John Russell 5312 N. Lilac Drive One vacancy. • 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 • 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 IL 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, be provided to each Commission member prior to g g� p p 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 � P g 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. i RESOLUTION NO. 73 -25 • RESOLUTION NO. 77 -52 RESOLUTION NO. 87 -133 RESOLUTION NO. 92 -137 RESOLUTION NO. 95 -81 RESOLUTION NO. 98 -13 RESOLUTION CONTINUING A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS the City f Brooklyn Center is promoting h y y p o g t e development of a quality park system and recreation program consistent with the financial capability of the community; and WHEREAS, provisions for an advisory Park and Recreation Commission were established in Chapter 13 of the municipal ordinances in 1966 prior to adoption of a City Charter; and WHEREAS the City harter provides o h ty p for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, as a consequence of certain Charter provisions and the increasing ® complexity of the park and recreation function it is desirable to restructure the Park and Recreation Commission and its mission; and WHEREAS, it is acknowledged that the significance of the park and recreation function is such that it must be effectively and currently responsive to the citizenry; and WHEREAS, in pursuit of such goals the City Council recognizes the need to redefine and clarify the duties and responsibilities to be assigned a Park and Recreation Commission: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby re- established within the City of Brooklyn Center an advisory Park and Recreation Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Park and Recreation 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 the conservation, park and recreation functions. Subdivision 3. PURPOSE: The general purpose of this Commission is to monitor ® and reflect the attitudes and concerns of the citizens of Brooklyn Center relative to the conservation of environmental resources in the City of Brooklyn Center and to the park system and recreation programs, and to advise the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreation functions in Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: 1. Develop, recommend, and, upon adoption by the City Council, monitor the execution of a comprehensive plan for the park, recreation, and conservation function in the City of Brooklyn Center. 2. Annually report to the City Council regarding achievements toward fulfillment of such comprehensive plan and recommend amendments to the plan as may be warranted. 3. Frequently visit the City parks and Recreation Center and wildlife areas, and keep informed of current recreation programs in order to continually review and evaluate park system development and recreation programming, and cultural activities. 4. Develop and recommend methods to stimulate positive public interest in the conservation, park and recreation functions. S 5. Develop and recommend feasible methods of discouraging vandalism and destruction of park facilities. 6. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding the conservation, park and recreation functions. 7. Promote coordination with the school districts serving Brooklyn Center, encouraging the interchangeable use of city and school district facilities and programs to the best interests of citizens. 8. Encourage dissemination of information to, and coordination with, Brooklyn Center organizations interested in the conservation, park and recreation function such as garden clubs, athletic groups, youth groups, civic organizations, and the like. 9. Encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the park and recreation function and the conservation of environmental resources 10. Monitor and reflect attitudes and concerns of citizens relative to the park • system, recreation programs, and conservation matters through informal -2- contacts and meetings of neighborhood advisory groups. ® Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE — REMOVAL: Chairperson: The Chairperson shall be elected by majority vote of the Park and Recreation Commission membership. The election shall be conducted at the Park and Recreation Commission's first regular meeting of the calendar . year, or, in the case of a vacancy, within two regularly scheduled Park and Recreation Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Park and Recreation 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 the conservation, park, and recreation function 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 Park and Recreation Commission of matters relevant to the park and recreation function; 4. Provide liaison with other governmental and volunteer units on matters relating to the conservation, park, and recreation function. Vice Chairperson: A Vice Chairperson shall be appointed annually by the Chairperson from 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 -3- i 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 suffers from an extended illness, 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. Qualifications 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 conservation, park and recreation functions. Representation Requirements: 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 March 12, 1973, and shall consist of three members appointed for a term through 1975, two members appointed for a term through 1974, and two members appointed for a term through 1973. Resignations— 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: -4- I . 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. 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 April 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. PARK SERVICE AREA: S Park Service Areas Describe ' d. Park Service Area 1: bounded on the east by the Mississippi River, on the south by 53rd Avenue, on the west by Shingle Creek Parkway to County Road 10 and thence by Shingle Creek, on the north by FAI -94. Park Service Area 2: bounded on the east by the Mississippi River, on the south by FAI -94, on the west by Shingle Creek Parkway and the west line of Section 26, on the north by the north city limits. Park Service Area 3: bounded on the east by the west line of Section 26 and Shingle Creek Parkway, on the south by FAI -94, on the west by the west city limits, on the north by the north city limits. Park Service Area 4: bounded on the east by Shingle Creek Parkway, on the south by County Road 10, on the west by the west city limits, on the north by FAI -94. Park Service Area 5: bounded on the east by Shingle Creek, on the south by the south city limits, on the west by the west city limits, on the north by County Road 10. • -6- r City Council Agenda Item No. 9c CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25` day of February 2002, at 7:00 • p.m. at the West Fire Station, 6250 Brooklyn Boulevard, to consider an amendment to city code provisions relating to licensing of rental properties. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3308 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 12 -910 is amended as follows: Section 12 -910. LICENSE SUSPENSION, [OR] REVOCATION AND NON - RENEWAL. 1. Every operating license issued under the provisions of this [ordinance] Chapter is subject to suspension or revocation by the City Council [should the licensed owner or his duly • authorized agent fail to operate or maintain licensed rental dwellings and units therein consistent with the provisions of the ordinance of the City of Brooklyn Center and the laws of the State of Minnesota]. In the event that an operating license is suspended or revoked by the City Council [for just cause], it shall be unlawful for the owner or [his] the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the City Council. Any person violating this [provision] section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day of each violation shall constitute a separate punishable offense. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. C. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. any other violation of this Chapter. • e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. • ORDINANCE NO. 2. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. 3. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 4. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 5. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter any conditions imposed by the City Council at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall ® not exceed one year. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 6. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in paragraph 5. of this Section. Section 2. Section 12 -201 paragraph 18 is amended as follows: 18. Owner - a person, agent, firm or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. ® ORDINANCE NO. Section 3. Section 12 -1201 is amended as follows: Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. I 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or • b. Sent by 1 St class mail to his/her last known address; or C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non- renewal may be undertaken by the City whether or not a compliance order has been issued. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .2002. Mayor ATTEST: City Clerk Date of Publication: • Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) City Council Agenda Item No. 9d OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: January 24, 2002 Re: Agenda Item 9d. State Budget Shortfall For this item, I am planning to update on the latest numbers available on the Governor's plan to reduce aids in a disproportionate fashion. I will use the cash flow chart to re- emphasize that: - we do not have 50 +% of the General Fund Budget as surplus - the Governor's plan is penalizing cities where the citizens have approved referenda for building projects like police and fire buildings - showing again some of what the City does with its revenues in providing services. 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 City Council Agenda Item No. 9e O There are no materials for this item. • • City Council Agenda Item No. 9f MEMORANDUM DATE: January 24, 2002 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide 4r� SUBJECT: Resolution Designating 2002 Planting List of Allowable Boulevard Tree Species As per City Ordinance, Section 20, TREES, the City Council annually adopts a resolution designating allowable boulevard tree species. This list includes a variety of cultivars and some ornamental trees. Section 20 -200, subd. 3 assures that all boulevard trees will be located so as to avoid creating future sight distance problems. Attached is a copy of the Boulevard Tree Planting Permit that residents are required to complete and have approved by the Engineering Division before any tree can be planted on the boulevard. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DESIGNATING 2002 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following trees are hereby designated as allowable boulevard tree species for 2002: Ash (Autumn Purple, Patmore, Linden (American) & cultivars Summit & Marshall) Linden( (Littleleaf) & cultivars Crabapple (Flowering) & cultivars Linden (Greenspire) & cultivars ® Ginko Linden (Redmond) & cultivars Hackberry Maple (Norway) & cultivars Honeylocust (Imperial, Shademaster, Skyline, Maple (Red) & cultivars Thornless) Maple (Sugar) & cultivars Oak (Pin) Oak (White or Bur) 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. • BEFORE Ca rib d �e Q � �L� YOU LE AV PLANT, a fe t i'y' e The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees maybe planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20 -200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Plantin g Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of public services or designee. The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all siting requirements are met, most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 2002: Ash (Autumn Purple, Patmore, Linden (American) & cultivars Summit & Marshall) Linden (Littleleaf) & cultivars Crabapple (Flowering) & cultivars Linden Greenspire) & cultivars Ginko Linden (Redmond) & cultivars Hackberry Maple (Norway) & cultivars Honeylocust (Imperial, Shademaster, Maple (Red) & cultivars Skyline, Thornless) Maple (Sugar) & cultivars Oak (Pin) Oak (White or Bur) City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 S Phone 763 - 569 -3495 PERMIT BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY OTHER VARIETY OF TREE: TO BE PLANTED (COMMON NAME) S APPROXIMATE DATE OF PLANTING: Please stake or otherwise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 454 -0002 to obtain underground utility locations Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING City use only: Initial and date each item checked Variety At least 5' from underground utilities Sight Distance At least 10' from overhead utilities Approx. width of Blvd. Proposed distance from edge of street • Sidewalk? Proposed distance from edge of sidewalk ALL REQUIREMENTS MET: Signature Title Date