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Home My WebLink About2002 04-22 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION April 22, 2002 6:00 P.M. West Fire Station Training Room 1. City Council discussion of agenda items and questions 2. Prosecution Services requests for proposals 3. Carl Neu 's Report on City Council Retreat 4. Miscellaneous 5. Adjourn City Brooklyn C enter y f y A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: April 3, 2002 SUBJECT: Prosecution Services Prosecution services were last reviewed in 1997 for the period 1998 through 2001. In our last request for proposals, we did receive several proposals from firms. The decision was made at that time to continue with Carson and Clelland. The purpose of placing the item on the agenda is to determine if the City Council wishes to go forward with requests for proposal again since this would be the normal cycle for proposals. The Council may wish to consider not soliciting proposals at this time since we are in the middle of the Summerchase issues. Additionally, Community Development and the Police Department have been and continue to be very satisfied with the services of Carson and Clelland. 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 NEII 0 COMPANY March 28, 2002 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Mr. McCauley: Enclosed please find the Key Observations and Conclusions which reflect the changes you had requested. Please do not hesitate to contact me if you have any further changes. Sincerely, Sharon Wallin Executive Assistant Enclosure Phone: 303/986 -8487 Fax: 303/986 -0223 E -mail: cadneu @mindspring.com The Center for the Future of Local Governance TM Website: www.carineu.com 8169 West Baker Avenue Lakewood, Colorado 80227 Mailing Address: P.O. Box 36308 Lakewood, Colorado 80236 I NE11 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP Conducted February 14, 2002 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. March 6, 2002 © Neu and Company and the Center for the Future of Local Governance TM 2002 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP WORKSHOP Conducted February 14, 2002 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. March 6, 2002 I. INTRODUCTION On February 14, 2002, the City Council, City Manager, and Assistant City Manager conducted a City Council Workshop focusing on the objectives and agenda contained in Appendix A to this report. II. KEY OBSERVATIONS AND CONCLUSIONS A. Specific concerns and issues identified by Council members Each council member was asked to identify specific issues or concerns to be considered by council during this workshop. Once the issues and concerns were identified, a discussion was conducted relative to each one, allowing council to accomplish the following: • Clarification of the issue. • Identification of the parties, and their respective roles, involved. • Identification of information required to bring the issue to resolution. • Degree of influence the city has over the issue. • Identification of options available to the city. 1 • Identification of a "pathway to resolution" including directions to the city council and manager on how to proceed with the issue. 1. Issues and concerns raised by council members: a. Local Government Aid (LGA) b. Redevelopment programs: • retail • commercial C. Credibility issues /problems within the city organization. d. Education crisis closin school ( and acts that this crisis g) impacts may have on Brooklyn Center. e. Formats available for people to speak to council. f. Housin g mix g. Taxes - tax increment financing (T.I.F) h. Summerchase i. Police j. 2002 municipal elections k. Council teamwork 1. Smart Growth 2. Discussions and conclusions reached pertaining to the above issues. The discussion below does not necessarily follow the order in which items were identified by council members above. a. Local Government Aid (LGA) (1) Clarification of issue: • city is in a dilemma - what is the real impact of the State's budget deficit and cuts in LGA? • take away of aid (State is playing a "shell game" with cities) 2 • levy limits • uncertainty for city revenues • Governor's perception that "cities have all this money" • eroding public confidence in government • future impacts for 2003 and 2004 • lack of respect for local government at the state level (2) Parties involved: the state legislature which is seen as unlikely to resolve the issue due to a lack of coalition/consensus. Also, the issue is a very political issue. (3) Information required: none identified. (4) Degree of influence the city has on the issue: a "wee" bit. (5) Options available to the city: (a) go to the legislature to present the city's case. (b) create a state -wide uniform "best practices" that would enable true local control for cities. This would include having the League of Minnesota Cities (LMC) pursue these best practices and advocate them for cities rather than just serving as an information provider. (c) Frame a common local government finance agenda involving cities, schools, and counties. Progressively pursue this agenda with the public. (d) Cities need to "debunk" the governor's message about all the money cities have. 3 (6) Pathways to resolution: (a) Lobby the state legislature on Local Government Aid (b) Address it from the perspective of "what do we do with the `mess' the legislature deals to us " ?. (c) Let citizens know the principles involved and implications cuts can produce so that the citizens can put pressure on the legislature. Possible message to the citizens "we can't sustain our current levels of service if our LGA is cut ". b. Redevelopment Programs (1) Clarification of issue: • The city can lose projects because it doesn't have the funding to provide subsidies, incentives, and public works improvements. • There can be a direct impact on the city's revenue base. • Need to define what the legislature will let us do. • Need to define the effects that redevelopment will have on T.I.F. (2) Pathway to resolution: the city must make the following decisions relative to T.I.F. District 3: • What do you want to do in District 3? • Have staff develop information and present options to the city council for its consideration. C. Taxes (also see discussion on Local Government Aid and Redevelopment). (1) Clarification of issue: 4 • Sustaining our tax rate • Potential increases in resident's property taxes • Need for expanding T.I.F.'s - redevelopment • Need for alternative revenue resources; e.g., another liquor store. (2) Pathway to resolution: consider the benefit of another liquor store. This effort will take substantial staff time to do the required analysis and submit recommendations. d. Smart Growth: (1) Clarification of issue: Met Council has identified six communities as opportunity sites. City needs to respond to the plan Met Council will submit for the area around Brookdale. (2) Issues to be addressed relative to the city's response to the Met Council plan: • Will the plan as drawn by the consultant reflect criteria the city council has adopted? • Can the plan help us shape a vision to modify the city's Comprehensive Plan for commercial and mixed use development (Summer Chase goes away) • If transit hub is on the west side of Bass Lake Road, force the Met Council's hand and develop a transit hub with security, bathroom, etc. Use the Met Council plan for leverage with Met Transit. (3) Pathway to resolution: wait and see what the specifics are of the Met Council's plan and insure that plan meets Council's criteria to address community needs. e. Summerchase (1) Clarification of issue: 5 I • Structural and code compliant issues • Police issues /involvement associated with apartments • Disbursing units rather than concentrating them • Integrating affordable housing with other housing stock (2) Pathway to resolution: • conduct work session on apartments, holding landlords accountable, etc. • see what opportunities there are for improving Summerchase. f. Housing Mix (1) Clarification of issue: • Need more upscale housing if the city is to strengthen its retail base /activity • Need to find a way to do more 53` Avenue projects • Address need for senior housing. (2) Pathway to resolution: the approach to dealing with the housing mix relates back to the Smart Growth discussion above. g. Police Council agreed that a meeting with the Police Chief and the council to discuss police issues would be useful. h. Credibility issues including opportunities for citizen participation and forums permitting people to speak to council. 6 It was concluded that there already exists a "open forum" permitting an opportunity for citizen - council -staff interactions. i. Education Crisis (1) Clarification of issue: • Cutbacks within the school system can result from state cutbacks in funding. • It is necessary for the city and school district to work together rather than be seen as competing for scarce monetary resources. (2) Pathway to resolution: work from a perspective of a local relationship with the school district and identify options that both can create. This is seen as a "issue of consciousness" for the city working in cooperation with the school district. j. Formats for Public Comments: Council concluded that this issue already is covered by the Council Handbook. k. Elections: No real discussion occurred relative to this issue. 1. Council Teamwork: Council concluded the continuous need for forums in which members can share ideas and opinions. B. Council's Objectives Relative to the State Legislature The following objectives and supporting strategies were identified: 1. Local Government Aid (LGA) for the city. Strategy: Education of the state legislature and the public. 2. Relief for Joslyn Strategy: i • Seek grant i • Seek flexibility to use T.I.F. monies in District 3 • Extend the time for payback. 3. Not forcing children to cross Highway 252 Strategy: Get the legislature to amend the current statutes. C. Priorities for City Manager - Time Allocation The following priorities were identified as the highest immediate priorities for the manager's allocation of his time: 1. State legislature 2. Tax increment financing (T.I.F.) 3. Dealing with the current and next year's city budget 4. Smart Growth 5. Developing more information on education issues and their impact on the city. D. Review, and updating of, City's Goals for 2002 City council members reviewed the 2002 City Council Goals, a copy of which is contained as Appendix B to this report. The only goal that was changed is Goal No. 10. The new wording reads as follows: Goal 10 - Support and Expand Joslyn Site Development by: working with the developer to complete Phase III and overcome effects of last legislative session on the developer's financial capacity. 8 APPENDIX A 9 CITY OF BROOKLYN TE CEN R, MINNESOTA City Council Workshop February 14, 2002 1. Objectives: Upon completion of this workshop, participants will have: a. identified and discussed specific concerns and issues of importance to them as council members and to the City of Brooklyn Center. b. targeted items the Council wishes to address collectively and agreed upon a process to: • identify information required to understand and analyze the item • determine the degree of influence the City can achieve in moving the item toward desired outcomes • define options available to the City • establish clear direction on processes to be followed for reaching a conclusion by council on each item targeted. C. established priorities and clear guidance on the City's use of "management time" for the remainder of the year 2002. d. defined the City's objectives, and approaches for achieving these objectives, relative to the state legislature. e. reviewed, and modified as appropriate, the City's goals for 2002. 2. Agenda 2:00 p.m. Welcome and overview of workshop objectives. 2:15 p.m. Council member dialogue: issues and concerns. 3:15 p.m. Items Council wishes to address and processes to be used in reaching specific outcomes or conclusions. 5:00 p.m. Priorities and guidance on use of "management time" 10 6:00 p.m. The City's legislative objectives and strategies for achieving these objectives. 7:00 p.m. Review, and updating of, City's goals for 2002. 7:45 p.m. Identification of post- workshop activities required to fulfill conclusions reached by Council. 8:00 P.M. Adjourn 11 I i APPENDIX B 12 2002 City Council Goals Goals are not in any order of priority Goal 1 - Promote the Inclusion of Goal j - Actively Support Goal 9 - Plan for Destination All Residents in Brooklyn Center's Northeast Corner of 69th Avenue and Parks By: Community Life By: Brooklyn Boulevard Redevelopment implementation and review of a ➢emphasizing opportunities to By: specific fmancial plan for destination include the intent of this goal in all of completing project and monitoring park improvements in the Capital the community's activities and plans developer performance Improvement Plan Goal 2 - Support Brookdale Goal 6 - Complete Community Goal 10 - Support and Expand Redevelopment By: Center and City Hall Retrofitting Joslyn Site Development By: ➢use of tax - increment financing Project By: ➢working with the developer to ➢monitoring developer performance ➢completing projects as planned complete Phase III and construction Goal 7 - Continue and Implement Goal 11 - Continuing Traffic Goal 3 - Continue and Improve Long -Term Financial Planning By: Enforcement Efforts and Expand Code Enforcement and Compliance ➢continued five -year planning for Information Available to the Public Activities By: utilities and capital improvements By: ➢coordinated efforts of the police and ➢reviewing and developing continuing enforcement efforts community development departments contingency planning through multiple resources ➢increased effort and focus on high - ➢continuing to evaluate the City's ➢continuing and expanding density areas, while continuing fmancial priorities information to the public on traffic neighborhood enforcement safety and calming efforts icontinuing to evaluate additional Goal g - Support and Promote > enforcement of noise ordinances as approaches to achieving improved Major Road and Street Improvement they relate to noise originating from compliance Projects By: vehicles and vehicular use i increased enforcement of noise ➢completing Brooklyn Boulevard ordinances; barking dogs and other project with the County in the year Goal 12 - Utilize noise generating nuisances 2002 and streetscaping in 2003 Recommendations Developed in the ➢Highway 100: continuing to support Opportunity Site Process to Create a Goal 4 - Increased Pm4mtilvr t and participate in the North Metro Vision and Plan for Brooklyn Center's Toward Fighting Crime By: Mayor's Highway 100 Council; Central Business District By: ➢increased visibility of police in keeping project schedule with > additional public input on directions neighborhoods and apartment Mn/DOT; completion of the proposed and priorities for development and complexes Neighborhood Watch France Avenue routing redevelopment of the Central Business Programs iSupporting and participating in the District including public safety information Interstate 694 widening project, with iestablishing specific development in all City newsletters. improved sound walls, and in a priorities for the next five -ten years icontinuing and expanding the manner advantageous to the City of ➢modifying and updating the participation rate in all City Brooklyn Center Comprehensive Plan consistent with newsletters the results of public input and planning processes 13 • ** REVISED ** CITY COUNCIL MEETING City of Brooklyn Center April 22, 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 the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call • 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Council Members not present at meetings will be recorded as abstaining from the vote on the minutes. 1. April 8, 2002 - Study Session 2. April 8, 2002 - Regular Session b. Licenses C. Resolution Holding the State of Minnesota Harmless for a Variance From State Standards, of State Aid Operations, 53` Avenue North/Old Osseo Road • Improvements, State Aid Project No. 109 - 114 -01 • ** REVISED ** CITY COUNCIL AGENDA -2- April 22, 2002 d. Resolution Authorizing Professional Services Contract for the Twin Lake Management Plan 8. Council Consideration Items a. Proclamation Declaring May 13 Through 20, 2002, as D.A.R.E. Awareness Days - Requested Council Action: - Motion to adopt proclamation. b. Resolution of Appreciation for Volunteer Service to North Hennepin Mediation Program Incorporated - Requested Council Action: - Motion to adopt resolution. C. Resolution Prescribing Voting Precincts and Designating Polling Locations for the City of Brooklyn Center - Requested Council Action: - Motion to adopt resolution. • d. Mayoral Appointment to Housing Commission - Requested Council Action: - Motion to ratify Mayoral nomination. e. France Avenue Connection Project - Resolution Authorizing Execution of a Project Cooperation Agreement With the Minnesota Department of Transportation, Improvement Project No. 2002 -04, France Avenue Relocation - Resolution Authorizing Execution of a Construction Cooperation Agreement with the Metropolitan Council, Improvement Project No. 2002 -04, France Avenue Relocation - Finalization of Quick Take of Easements -Requested Council Action: - Motion to adopt resolutions. - Motion to approve finalization of quick take of easements. f. Staff Report RE: Forestry Activities - Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Tenth Consecutive Year - Proclamation Declaring April 26, 2002, Arbor Day and May 2002 Arbor Month in Brooklyn Center -Requested Council Action: - Motion to adopt resolution. - Motion to adopt proclamation. 9. Adjournment • City Council Agenda Item No. 7a . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 8, 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, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad Hoffman, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. ADJOURNMENT • There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Study Session to an Executive Session to discuss pending litigation under the exception to the Open Meeting Law to discuss pending litigation with legal counsel at 6:03 p.m. Motion passed unanimously. City Clerk Mayor • 04/08/02 -1- 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 APRIL 8, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:52 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were Assistant City Manager Jane Chambers and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. • ADJOURN INFORMAL OPEN FORUM The Council adjourned the Informal Open Forum at 6:58 p.m. 2. INVOCATION Mayor Kragness offered the 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, Bob Peppe, and Tim Ricker. Also present were Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, and Deputy City Clerk Maria Rosenbaum. City Manager Michael McCauley, Community Development Director Brad Hoffman, and City Attorney Charlie LeFevere arrived approximately at 7:10 p.m. • 04/08/02 -1- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Nelson reported that the Earle Brown Days Board of Directors continues to plan for the Earle Brown Days events to be held June 27 through 30, 2002. He reminded the Council that the 24 " Annual Community Prayer Breakfast will be on Saturday, April 13, 2002, at 8:00 a.m. Councilmember Lasman informed the Council that District 279 will be hosting a Youth Celebration on May 5, 2002, at the Maple Grove Senior High School. This celebration is open to the public with a reception at 5:45 p.m., and an awards ceremony at 7:00 p.m. Dinner is available for a cost of $25. Mayor Kragness invited the Council and audience to the 12 Annual Police Awards Ceremony that will be held on April 24, 2002, at the West Fire Station. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of the March 25, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Advanced Energy Services 3650 Annapolis Lane, Plymouth Dave's Appliance Ht & A/C 1601 37th Avenue NE Columbia Heights pp g � g Enviroworld USA 3801 W 98th Street, Bloomington Harris Companies 909 Montreal Circle, St. Paul Royalton Heating & A/C 4120 85th Avenue N, Brooklyn Park Southtown Refrigeration 5610 West 36th Street, St. Louis Park Thermex Corporation 3529 Raleigh Avenue S, St. Louis Park TNC Industrial 1848 Berkshire Lane, Plymouth 04/08/02 -2- DRAFT • • RENTAL Renewal: 5207 Xerxes Avenue N Dennis Bona Brookdale Towers Hillaway Investments, LLC Victoria Townhomes The Gaughan Companies SIGNHANGER Arrow Sign Company 13735 Aberdeen Street NE, Ham Lake Universal Sign Company 1033 Thomas Avenue, St. Paul 7c. RESOLUTION APPROVING SURETY REDUCTION FOR SUNLITE PROPERTIES RESOLUTION NO. 2002 -46 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING SURETY REDUCTI FOR OR SUNLITE PROPERTIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. ® 7d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001 -09, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS RESOLUTION NO. 2002 -47 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001-09, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion . assed unanimously. Y 7e. RESOLUTION APPROVING FINAL PLAT FOR SUPER AMERICA 5TH ADDITION RESOLUTION NO. 2002 -48 Councilmember Nelson introduced the following resolution and moved its adoption: • 04/08/02 -3- DRAFT RESOLUTION APPROVING FINAL PLAT FOR SUPER AMERICA 5 TH ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. APPEARANCE 8a. BROOKLYN CENTER STUDENTS — ART CONTEST WINNERS Valerie Jones from the Northwest Regional Human Rights Coalition addressed the Council and introduced two of the winners from the Northwest Regional Human Rights Coalition Third Annual Art Contest. Sarah Svegal and Bethany Huhta, sixth graders from St. Alphonsus School, shared heir winning art and the Council commended them for their participation in the Third Annual Art Contest. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH) Assistant City Manager Jane Chambers informed the Council that the plat had been filed for the zoning classification of certain land (southwest corner of 57` and Logan Avenue North) and that the • public hearing could take place this evening. A motion by Councilmember Nelson, seconded by Councilmember Lasman to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -04 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 04/08/02 -4- DRAFT • • 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2002-004 SUBMITTED BY L & D MAINTENANCE COMPANY. REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A CAR WASH AND STORAGE/EQUIPMENT ROOM ADDITION TO THE GASOLINE STATION /CONVENIENCE STORE AT 1505 69TH AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 28, 2002, MEETING. Planning and Zoning Specialist Ron Warren briefly outlined Planning Commission Application No. 2002 -004 submitted by L & D Maintenance Company requesting for a special use permit and site and building plan approval to construct a car wash and storage /equipment room addition to the gasoline station/convenience store at 1505 69"' Avenue North. City Manager Michael McCauley, Community Development Director Brad Hoffman, and City Attorney Charlie LeFevere arrived approximately at 7:10 p.m. Mr. Warren informed the Council that the Planning Commission recommended approval of this application at its March 28, 2002, meeting subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with • respect to applicable codes prior to the issuance of permits. 2. Any grading, drainage, or utility plans are subject to final review and approval by the City Engineer prior to issuance of permits. 3. All outside trash disposal facilities, rooftop, and on ground mechanical equipment shall be appropriately screened from view. 4. A performance agreement and supporting financial guarantee in the amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all required site improvements. 5. The plans shall be modified prior to the issuance of building permits to include the addition of shrubs in the Humboldt and 69" Avenue green strip in accordance with the landscape point system, the location and materials for a dumpster enclosure, and a parking protector /delineator between the car wash exit drive and the parking area on the west side of the site. 04/08/02 -5- DRAFT 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City • Ordinances. This site and the property at 6501 Humboldt Avenue North operated by the same applicant shall be in compliance with the City's Sign Ordinance prior to the issuance of building permits for this project. 7. The area between the front of the building and the canopy area shall not be used for parking purposes and shall be posted as "no parking, fire lane ". 8. The amended special use permit is granted for the car wash expansion as contained in the plans submitted. Any other expansion of alteration of this use shall require additional amendments to the special use permit granted. 9. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof shall be grounds for revocation. Councilmember Nelson questioned what happens to the used water from the car wash. Mr. Warren discussed that the water drains to the sanitary sewer system and that there is a sewer charge that is required before the building permit is approved. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approval Planning Commission Application No. 2002 -004 subject to the above listed conditions. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS Ila. PROCLAMATION DECLARING APRIL 7 THROUGH 13, 2002, TO BE COMMUNITY DEVELOPMENT WEEK Mayor Kragness read the proclamation. A motion b Councilmember Lasman seconded b Councilmember Nelson to adopt Proclamation Y � Y p Declaring April 7 Through 13, 2002, To Be Community Development Week. Motion passed unanimously. llb. PROCLAMATION DECLARING APRIL 13, 2002, TO BE A DAY OF SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER Mayor Kragness read the proclamation. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring April 13, 2002, To Be a Day of Spiritual Rededication and Prayer in Brooklyn Center. Motion P assed unanimously. 04/08/02 -6- DRAFT llc. PROCLAMATION DECLARING APRIL 14 THROUGH 20 2002 • NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK Mayor Kragness read the proclamation. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt Proclamation Declaring April 14 Through 20, 2002, National Public Safety Telecommunications Week. Motion passed unanimously. 11d. AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CITY CHARTER City Manager Michael McCauley discussed that this ordinance amending Chapter 7 of the Brooklyn Center City Charter would amend Section 7.04 by changing the name of the Board of Equalization to Board of Appeal and Equalization which had been recommended by the Charter Commission. A motion by Councilmember Lasman, seconded by Councilmember Ricker to approve first reading of ordinance amendment and set second reading and public hearing for May 13, 2002. Motion passed unanimously. Ile. RESOLUTION ADOPTING REVISED PERSONNEL RULES AND REGULATIONS FOR PART -TIME EMPLOYEES AND ACCEPTING • REVISED RULES AND REGULATIONS ADOPTED BY BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT Mr. McCauley discussed that this resolution would adopt revised personnel rules and regulations for part-time employees and accepts the revised rules and regulations adopted by the Brooklyn Center Volunteer Fire Department. The members of the Volunteer Fire Department have been determined by the League of Minnesota Cities Insurance Trust to be acting as regular part-time employees of the City of Brooklyn Center in their capacity as firefighters. RESOLUTION NO. 2002 -49 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING REVISED PERSONNEL RULES AND REGULATIONS FOR PART -TIME EMPLOYEES AND ACCEPTING REVISED RULES AND REGULATIONS ADOPTED BY BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 04/08/02 -7- DRAFT 11L RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA • APPROVING SUPPLEMENT NUMBER ONE TO INDENTURE OF TRUST AND AUTHORIZING ITS EXECUTION AND DELIVERY AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS WITH RESPECT TO ITS MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT) SERIES 1999, ISSUED IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 Mr. McCauley discussed that the Council authorized a loan agreement in 1999 to finance the acquisition and rehabilitation of the Shingle Creek Tower Project. The sale was never completed and under the current bond terms of the loan agreement, the bonds need to be closed by May 1, 2002. This resolution would extend the time frame to close on the loan agreement from May 1, 2002, to May 1, 2003. Mr. McCauley informed the Council that under the terms of this new loan agreement, the company would agree that it will obtain a criminal background and credit check for all prospective tenants of the project from and after its acquisition of the project, agrees to maintain video monitoring of all project entryways, commencing within a reasonable period of time after its acquisition of the project, and agrees to comply with all State and Local laws and regulations applicable to the project. Councilmember Ricker requested clarification on the bonds and questioned if the bonds could be transferred. John Peterson, Attorney from Winthrop and Weinstine and counsel to Boca Limited e Partnership, addressed the Council to discuss the nature of how the bonds are issued and the program used. He informed the Council that the bonds could be transferred only with the consent of the issuer and other parties. RESOLUTION NO. 2002 -50 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA APPROVING SUPPLEMENT NUMBER ONE TO INDENTURE OF TRUST AND AUTHORIZING ITS EXECUTION AND DELIVERY AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS WITH RESPECT TO ITS MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT) SERIES 1999, ISSUED IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 04/08/02 -8- DRAFT 11g. RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT COOPERATION AGREEMENT FOR THE RIVERBANK PROTECTION PROJECT Mr. McCauley discussed that this authorization to execute a Project Cooperation Agreement for the Riverbank Protection Project was anticipated to occur in 2003; however, the Corps of Engineers is ready to proceed. The U.S. Army Corps of Engineers had completed a study and environment assessment for protecting the City's sanitary sewer located adjacent to the Mississippi River and the Commander of the Mississippi Valley Division approved the study. The Corps of Engineers is now requesting that the City execute a Project Cooperation Agreement. Project costs would be shared between the Corps of Engineers, 65 percent, and the City, 35 percent. Councilmember Nelson questioned if the funding would be allocated from the 2002 or 2003 funds. Mr. McCauley informed the Council that the project would be allocated from the 2002 sanitary sewer fund and that there are adequate funds to complete the project. RESOLUTION NO. 2002 -51 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT COOPERATION • AGREEMENT FOR THE RIVERBANK PROTECTION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. AMENDMENT TO THE AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to amend the agenda to add Study Session Agenda Item 2, Chief Scott Bechthold, to the agenda. Motion passed unanimously. Police Chief Scott Bechthold addressed the Council to discuss his first two months as Police Chief. He stated that he had been listening, observing, and assessing the Police Department and that he has had the opportunity to discuss with approximately 98 percent of the Police Department staff. During those discussions he asked the following things, what is the department doing right, what can be done to improve, and what can be done to practice. He will collate and use the information gathered during those discussions to start setting and prioritizing goals with the City Manager. Mr. Bechthold shared that the Police Department is currently working on a Park Watch Program that will take place on April 20, 2002, a Business Watch Program, hosting a senior citizen camp in the future, and that the code enforcement sweep and a traffic safety (seat belt program) will be starting sometime in May. • 04/08/02 -9- DRAFT Mayor Kra ness questioned if the dispatchers experience problems with the PDX tem. Diane y g q p p p o Sys Willgohs, Public Safety Communications Supervisor, addressed the Council to share that they do have problems with not getting the correct address when a PDX System is used. Mayor Kragness suggested that an article be provided in the next City Watch to discuss that it is important that people give exact locations when calling in an emergency. Councilmember Peppe wished to applaud Mr. Bechthold and the Police Department for the increased visibility of policing throughout the City. 12. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 7:52 p.m. Motion passed unanimously. City Clerk Mayor 04/08/02 -10- DRAFT • • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk i I y, tg DATE: April 17, 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 April 22, 2002. MECHANICAL Air Corp. 13821 Industrial Park Boulevard, Plymouth Associated Mechanical 1257 Marshall Road, Shakopee General Sheet Metal Corp 2330 Louisiana Avenue North, Minneapolis Heating & Cooling Two, Inc. 18550 County Roadd 81, Maple Grove Knight Heating & A/C 10413 61 st Street NE, Albertville LBP Mechanical 315 Royalston Avenue North, Minneapolis Louis DeGidio Inc 21033 Heron Way, Lakeville Marsh Heating & A/C 6248 Lakeland Avenue North, Brooklyn Park P & D Mechanical Contractors 4629 41 st Avenue North, Robbinsdale • Pearson Mechanical Service 5630 Memorial Avenue North, Stillwater Pierce Refrigeration 1920 2nd Avenue South, Anoka St. Marie Sheet Metal Inc. 7940 Spring Lake Park Road, Spring Lake Park MOTOR VEHICLE DEALERSHIP Brookdale Dodge 6800 Brooklyn Boulevard Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard Iten Chevrolet 6701 Brooklyn Boulevard Luther Brookdale Chrysler Jeep 6121 Brooklyn Boulevard Luther Mazada 6700 Brooklyn Boulevard RENTAL Renewal: 1425 55th Avenue North HCM Investments 1807 70th Avenue North Rebecca Thomley 6025 Brooklyn Boulevard Dorothy Ostrom - Ringstrom 5301 Dupont Avenue North James & Melanie DeBellis 5351 Irving Avenue North HCM Investments 5547 Lyndale Avenue North David Theisen Unity Place Townhomes CHDC Limited Partnership TAXICAB Mohammed Barry 910 Lynde Drive NE, Fridley • James Ledlum 6808 Candlewood Circle, Brooklyn Park 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center MN 55430 -2199 (763) 569 -3400 City Hall ce TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City. Council Agenda Item No. 7c MEMORANDUM DATE: April 16, 2002 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer. ffi SUBJECT: Resolution Holding the State of Minnesota Harmless for a Variance From Standards of State Aid Operations, 53` Avenue North/Old Osseo Road Improvements, State Aid Project No. 109 - 114 -01 On March 13 the City Council formally requested a variance from Mn/DOT State Aid Standards for the 53` Avenue North/Old Osseo Road improvement. The variance request has been approved subject to the City submitting a resolution holding the State harmless for the design exception. Council action is required to approve the resolution. On February 25 the City Council held a public hearing on the Southwest Area Improvements, Improvement Project Nos. 2002 -01, 02, & 03. Following the hearing Council authorized the development of plans and specifications. SEH, Inc. has begun designing final plans and determined that a design exception was required for the intersection of Old Osseo Road and 53 Avenue North. Council action is necessary to request a variance from state standards (see attached sketch). On March 21, SEH and staff presented the request for a decrease in design speed from 30 miles per hour to 22 miles per hour to the State Aid Variance Committee. The Committee made up of Mn/DOT officials, county and city engineers' unanimously recommended approval of the variance request. The Commisioner of Transportation requires a hold harmless resolution before the variance is approved. It is recommended that Council adopt the attached resolution holding the State of Minnesota harmless for granting the variance. Member introduced the following resolution and moved its adoption. RESOLUTION NO. RESOLUTION HOLDING THE STATE OF MINNESOTA HARMLESS FOR A VARIANCE FROM STATE STANDARDS, OF STATE AID OPERATIONS, 53 AVENUE NORTH/OLD OSSEO ROAD IMPROVEMENTS, STATE AID PROJECT NO. 109 - 114 -01 WHEREAS, the City of Brooklyn Center wishes to reconstruct 53 Avenue North & Old Osseo Road; and WHEREAS, adverse right -of -way and land use impacts limit the minimum design speed to 22 mph for the horizontal curve; and WHEREAS, State -Aid rules provide that a political subdivision may request a variance from the rules; and WHEREAS, the City of Brooklyn Center has been granted a variance to State Aid Rule 8820.9936 pending a receipt of a hold harmless resolution as required by the Commissioner of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center, Minnesota, that: Upon approval of the variance, the City agrees to indemnify, save, and hold harmless the state and its agents and employees from the claims demands, actions of causes of action arising out of or by reason of granting the variance. The City further agrees to defend at its sole cost and expense any action or preceding begun for the asserting of any claim of whatever character arising as result of granting of the variance. • 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 duly passed and adopted. 03/12/2002 08:00 F.0 l#jUiuiulu -- OLD OSSEO ROAD 0 fp to • r � I � i .�.._ .. ._.... /�r f .�. r S 5� fi 14 �.✓. +' 'i_ } L:A..,., .. •. ..... " - .'•.....'i..L fir' /� u... ��.� �,' A EXISTING ROADWAY „ ' � . „w..,, .. _ S •}•` ° I • s .. 53RD AVENUE, _....7 N ; 3 0 MPH NO SUPER a 53RD AVENUE M I r7 hr R� N r m 2 x w i 100 0 100 200” o sCOIC 50 feed 1� ° FILE ND. ABROCT0103.00 2002 S•W. NEIGHBORHOOD STREETS EXHIBIT DATE • STANDARD 30 MPH aESti3N a 3/11 /02 BROOKLYN CENTER. MINNESOTA 0= \clients\o_f \broct\0103 \EXHIBITS \bc0103_site_dgn 03/12/02 0719:41 Au t • h h t V 1 \J ♦ / 1 C cf) J ! 4 -+ O GRE ATVIEW f FRANCE ry AVE. N ° c n� AVE r c n U' / l y C) E YT 1NG !"1V L.- CL No o O n i .m_ °"' DREW m AVE° < N° o e IV w O 1 ' ` p z ° F F J CD 0 =D Q � i E Q R� � S �Q ° OLD m �C LU 3 z o T AVE. 1 B R C ° z En XER XES AVE. N° ° � °� rn CD r 0 • City Council Agenda Item No. 7d MEMORANDUM DATE: April 17, 2002 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer° SUBJECT: Resolution Authorizing a Professional Services Contract for the Twin Lake Management Plan On February 25, 2002, staff presented a report to Council on the proposed Twin Lakes Management Plan. Monitoring stations need to be set up at this time to begin collecting water quality data. Council action is required to approve a professional services contract with Montgomery Watson Harza (MWH). Background Improving the water quality in Twin Lakes, especially Upper Twin Lake, has been a priority for a number of years. A few years ago, the Shingle Creek Watershed Management Commission undertook a Twin Lakes diagnostic study to try to determine the source of the excessive phosphorus loading and identify possible means of reducing it. The study concluded that the wetland complex to the north of Upper Twin Lake, extending to the east and north of Crystal airport, was the likely source of the phosphorus and that restoration of the wetland would probably significantly reduce the phosphorus being discharged into the lake. Working with the watershed engineer, Montgomery Watson Harza , we have developed a plan of action that we hope will ultimately lead to completion of water quality improvements. Grant proposals have been submitted to help fund the proposed wetland restoration improvement project, but the project has not been funded. Discussions with the granting agencies suggest that the project would score higher if additional study and a lake management plan were completed. This is the approach taken recently for Prior Lake, which successfully competed for and was awarded Federal Clean Water Act grant funds to construct improvements. Discussion MWH has submitted a proposal to prepare a Twin Lake Management Plan and to conduct diagnostic studies to better define the specific improvements. MWH is the engineer for Shingle Creek Water Management Organization and is familiar with Twin Lakes and completed the original diagnostic study. The Management Plan would be developed by working with Lakeshore residents, agencies charged with overseeing various aspects of surface water quality, elected • officials, and City staff. The Management Plan would identify short and long term goals for water quality, recreation, fish and wildlife, and other issue areas identified in the process. Also 2 included would be a set of short and long-term management strategies. g g g The estimated cost of diagnostic studies is approximately $93,000. About $30,000 of that total would be for the development of the Management Plan itself. There will likely be some overlap with other activities such as the Twin Lakes Homeowner Education Project and the watershed 2 nd Generation Plan, so the actual cost may be less than that. The balance of the cost, or about $63,000, is the cost of the additional lake and wetland monitoring, data analysis, modeling and more detailed management options. The 2002 Storm Drainage Utility budget includes $100,000 for Twin Lakes diagnostic testing and design of improvements. Recommended Action It is recommended that the City Council adopt the attached resolution authorizing a professional services contract with Montgomery Watson Harza in the amount of $93,000. i adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING PROFFESIONAL SERVICES CONTRACT FOR THE TWIN LAKE MANAGEMENT PLAN WHEREAS, improving Twin Lake Water quality is a priority for the City; and WHEREAS, the Storm Drainage Utility budget includes $100,000 for the Twin Lake Management Plan; and WHEREAS, Montgomery Watson Harza has submitted a professional service proposal to complete a diagnostic study and Twin Lake Management Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized and directed to enter into a contract with Mantgomery Watson Harza to provide professional services for the Twin Lake Management Plan. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member p g g Y and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I MWH MONTGOMERY WATSON HARZA MWH CONTRACT No. CONSULTING SERVICES AGREEMENT [Hourly Rate] This agreement ( "Agreement"), with an effective date of April 30, 2002, is by and between City of Brooklyn Center ( "CLIENT ") and MWH Americas, Inc. ( "CONSULTANT "). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1 SCOPE OF SERVICES 1.1 The services to be performed by CONSULTANT for CLIENT under this Agreement are set out in Attachment A ( "Services "), incorporated herein by reference. The Services are to be performed in support of the project identified in Attachment A ( "Project' 2 COMPENSATION 2.1 CLIENT shall pay CONSULTANT, as compensation for the Services ( "Compensation "), based on CONSULTANT's rate schedule ( "Rate Schedule "), Attachment B, incorporated herein by reference. 2.2 Non -salary expenses and outside services attributable to the Project shall include: 2.2.1 Living and traveling expenses of employees when away from the home office on business connected with the Services at the rate of 1.1 times actual cost; 2.2.2 An associated project cost rate ( "APC ") for telecommunications, postage, computers, word processors, incidental photocopying, and related equipment in the amount of $ 7.70 per labor hour; 2.2.3 The identifiable costs of reproduction, printing and binding applicable to the Project; 2.2.4 A CAD rate in the amount of $ 0 per computer aided design/drafting hour to cover the hardware, software and related expenses of CAD; and 2.2.5 The actual cost of outside and subcontracted services. 2.3 Charges for Services provided by CONSULTANT's approved water quality laboratory will be in accordance with the published laboratory fee schedule in effect at the time the services are furnished. 2.4 CLIENT will pay CONSULTANT additional compensation for labor and expenses incurred by CONSULTANT in responding to or and assisting with any audit required by CLIENT, or any federal, state and local government agencies. The basis of payment will be the CONSULTANT's normal commercial rate for such services unless otherwise defined by an amendment to this Agreement. Consulting Services (Hourly Rate (Env) v.4- 10 -2002 3 INVOICING AND PAYMENT 3.1 CONSULTANT shall submit its standard monthly invoice describing the Services performed and expenses incurred during the preceding month. CLIENT shall make payment of all undisputed portions of such invoice and provide written justification for the withholding of any disputed portions to CONSULTANT within 30 calendar days after receipt of CONSULTANT's monthly invoice. 3.2 CLIENT agrees that timely payment is a material term of this Agreement, and failure to make timely payment as agreed constitutes a material breach hereof. Payment of all Compensation due CONSULTANT pursuant to this Agreement shall be a condition precedent to CLIENT's use or reliance upon any of CONSULTANT's professional services or work products furnished under this Agreement. 3.3 In the event payment for the Services has not been made within 60 calendar days from the date of the invoice, CONSULTANT may, after giving 7 calendar days written notice and without penalty or liability of any nature, and without waiving any claim against CLIENT, suspend all or any part of the Services. In . order to defray carrying charges resulting from delayed payments, simple interest at the rate of 1.5% per month (18% per annum), not to exceed the maximum rate allowed by law, shall be added to the unpaid balance of each invoice. The interest period shall commence 30 calendar days after the date of the invoice. Payments shall first be credited to interest and then to principal. 4 PERIOD OF PERFORMANCE 4.1 This Agreement shall have an effective date as set forth above and shall remain in effect until May 31, 2003 unless terminated earlier pursuant to this Agreement. 5 CLIENT'S RESPONSIBILITIES 5.1 CLIENT shall designate in writing a person to act as CLIENT's representative with respect to this Agreement. Such person will have complete authority to transmit instructions, receive information and interpret and define CLIENT's policies and decisions. 5.2 CLIENT shall furnish to CONSULTANT all technical data in CLIENT's possession or control which CLIENT may lawfully release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information relating to the Services and requested by CONSULTANT. CLIENT shall also disclose to CONSULTANT hazards at the project site ( "Site ") which pose a significant threat to human health or the environment. 5.3 CLIENT shall furnish to CONSULTANT all applicable information and technical data in CLIENT's possession or control which CLIENT may lawfully release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information relating to the Services and requested by CONSULTANT. CLIENT shall also disclose to CONSULTANT hazards at the project Site which pose a significant threat to human health or the environment. CONSULTANT shall be entitled to reasonably rely upon the information provided by CLIENT, CLIENT's representatives, or from generally accepted sources without independent verification except to the extent such verification is expressly included in the scope of Services. 5.4 CLIENT shall examine all studies, reports, sketches, drawings, specifications, and other documents presented by CONSULTANT, seek legal advice, the advice of an insurance counselor, or other consultant(s), as CLIENT deems appropriate for such examination. If any document requires CLIENT to approve, comment, or to provide any decision or direction, such approval, comment, decision or direction shall be provided within a reasonable time within the context of the schedule for the Services ( "Project Schedule "). 2 Consulting Services (Hourly Rate) (Env) (Rev. 4 -10 -2002) 5.5 CLIENT shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to properly perform the Services. 5.6 CLIENT shall obtain, where applicable, the following: 5.6.1 All published advertisements for bids; 5.6.2 All permits and licenses that may be required of CLIENT by local, State, or Federal authorities; 5.6.3 All necessary land, easements, and rights -of -way; 5.6.4 All items and services not specifically covered by the terms and conditions of this Agreement. 5.7 CLIENT shall pay for any costs associated with the above items. 6 CONSULTANT'S RESPONSIBILI'T'IES 6.1 CONSULTANT shall designate a project manager for the performance of the Services. 6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT's agent or employee. CONSULTANT shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re- perform any Services not meeting this standard without additional compensation 6.4 CONSULTANT may, during the course of its Services, prepare opinions of the cost of construction. CLIENT acknowledges, however, that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or market conditions or other factors affecting the cost of the construction and the operation of the facilities, the design of which is contemplated by this Agreement, all of which are and will unavoidably remain in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise or representation, either express or implied, that proposals, bids, project construction costs, or cost of operation or maintenance will not vary substantially from its cost estimates. 6.5 When CONSULTANT provides on -site monitoring personnel during construction as part of its Services, the on -site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. The providing of on -site monitoring personnel will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.6 In addition to or in lieu of on -site personnel, CONSULTANT's off -site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor of the sole responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s), and for all safety precautions incidental thereto. 3 Consulting Services (Hourly Rate) (Env) (Rev. 4-10 -2002) 6.7 All samples, sample residues, and byproducts from the sample testing process relating to the Services shall be disposed of by CONSULTANT in accordance with applicable Law. If included in the Scope of Services, CONSULTANT shall also dispose of all non - hazardous waste generated in the performance of the Services. 6.8 CONSULTANT shall not arrange or otherwise be responsible for the disposal of any regulated waste, including but not limited to toxic, radioactive or hazardous substances, wastes or materials ( "Hazardous Wastes ") associated with the Services, either directly or indirectly through its subcontractors or others. CONSULTANT, at CLIENT's request, may assist the CLIENT in identifying or evaluating disposal alternatives for the off -site treatment, storage or disposal of Hazardous Wastes, but neither CONSULTANT nor others for whom CONSULTANT bears responsibility related to the Services shall make any independent determination relating to the selection of a treatment, storage or disposal facility or sign any hazardous waste manifest. 7 CHANGE ORDERS 7.1 CLIENT or CONSULTANT may, from time to time, request modifications or changes in the scope of Services. To the extent that the scope of the Services to be performed by CONSULTANT has been affected, CONSULTANT's Compensation and Project Schedule shall be equitably adjusted. All changes shall be set forth in a written Change Order in the form of Attachment C, incorporated herein by reference, and executed by both parties. 8 FORCE MAJEURE 8.1 Neither party shall be responsible for a delay in its performance under this Agreement, other than a delay in payment for Services already performed, if such delay is caused by extraordinary weather conditions or other natural catastrophes war, riots, strikes, lockouts or other industrial disturbances, acts of any governmental agencies or other events beyond the reasonable control of the claiming party. CONSULTANT shall be entitled to an equitable adjustment to the Compensation and the Project Schedule as a result of any such delay. 9 CONFIDENTIALITY 9.1 CONSULTANT shall treat as confidential and proprietary all information and data delivered to it by CLIENT. Confidential information shall not be disclosed to any third party, other than CONSULTANT's subcontractors or subconsultants, during or subsequent to the term of this Agreement. Nothing contained herein shall preclude CONSULTANT from disclosing information or data: (i) in the public domain without breach of this Agreement; (ii) developed independently by CONSULTANT; (iii) received by CONSULTANT on a non - confidential basis from others who had a right to disclose such Confidential Information; or (iv) where disclosure or submission to any governmental authority is required by applicable statutes, ordinances, codes, regulations, consent decrees, orders, judgements, rules, and all other requirements of any and all governmental or judicial entities that have jurisdiction over the Subcontracted Services ( "Law "), but only after actual prior written notice has been received by the CLIENT and CIENT has had a reasonable opportunity to protect disclosure of such Confidential Information. 10 RIGHTS IN DATA 10.1 All work products provided by CONSULTANT to CLIENT shall be deemed to be work - for -hire and shall belong to CLIENT ( "Work Product "). Methodologies and other instruments of service used to prepare the Work Product shall remain the property of CONSULTANT. Any modification or reuse of the Work Product without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to CONSULTANT or to CONSULTANT's subcontractors and subconsultants. 11 INSURANCE 4 Consulting Services (Hourly Rate) (Env) (Rev. 410 -2002) I 11.1 CONSULTANT will furnish to CLIENT copies of insurance certificates evidencing that it maintains the following coverages while performing Services, subject to the terms and conditions of the policies: TYPE AMOUNT Workers Compensation Statutory Employers' Liability $1,000,000 policy limit Commercial General Liability $1,000,000 Automobile Liability $1,000,000 Professional Liability $1,000,000 Contractors Pollution Liability $1,000,000 11.2 CONSULTANT will furnish CLIENT with certificates of insurance verifying the above referenced coverages and stating that the insurance carrier will provide CLIENT with thirty days prior written notice of insurance cancellation or reduction below the above listed requirements. CONSULTANT shall list CLIENT as an additional insured for the Commercial General Liability and the Automobile Liability insurance. 12 INDEMNITY I 12.1 CONSULTANT agrees to indemnify CLIENT its officers directors and employees from loss or �' � damage for bodily injury or property damage, ( "Claims "), to the extent caused by the negligence or willful misconduct of CONSULTANT in the performance of the Services. This obligation to indemnify CLIENT shall not impose any obligation on CONSULTANT that exceeds the Limitation of Liability provisions set forth below. 13 Not Used 14 PREEXISTING CONDITIONS 14.1 CLIENT hereby understands and agrees that CONSULTANT has not created nor contributed to the creation or existence of any Hazardous Substances at or related to the Project site or in connection with or related to this Agreement. The compensation to be paid CONSULTANT for the Services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may Y exposure be caused b the ex of to such Hazardous Substances. Therefore, to the persons or property fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold CONSULTANT, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including but not limited to attorney's fees and court costs, arising out of, or resulting from the threatened or actual release of Hazardous Substances ( "Release "), except to the extent that such Release is caused by the negligence or willful misconduct of CONSULTANT. Nothing contained within this Agreement shall be construed or interpreted as requiring CONSULTANT to assume the status of a generator, arranger, transporter or as a storage, treatment or disposal facility as those terms appear within applicable Law. 15 SOFTWARE 15.1 CONSULTANT, as part of the Services, may furnish, recommend, or identify to CLIENT certain u third party software. As CONSULTANT is not the author, manufacture, or developer of such software, no a software CONSULTANT does t give any warranty, express or implied of thud party , and shall not be liable for any defects in such software but will pass the manufacturer's warranty to the CLIENT. 15.2 CONSULTANT warrants that as to Software developed under this Agreement that: (i) the Software will perform substantially in accordance with written materials provided with the software for a period of 90 days from the date that it is received by CLIENT; and (ii) the media on which the Software is distributed 5 Consulting Services (Hourly Rate) (Env) (Rev. 4-10 -2002) shall be free from defects in materials and workmanship for a period of 90 days from the date that it is received by the CLIENT. CONSULTANT's entire liability and CLIENT'S exclusive remedy under this limited warranty will be, at CONSULTANT's option, either (i) the return of the price paid for the Software or (ii) repair or replacement of the Software or the media that is returned to CONSULTANT. This limited warranty is void if the failure of the Software or media is due to accident, abuse, misapplication or unauthorized modification. Any replacement Software or media will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. 15.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSULTANT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. CONSULTANT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CLIENT'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR -FREE, THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE THAT CLIENT SELECTS FOR ITS USE, OR THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED. CONSULTANT FURTHER DOES NOT WARRANT OR MADE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONSULTANT SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT UNDER SUCH CIRCUMSTANCES. 16 SUSPENSION 16.1 CLIENT may, at any time and without cause, suspend the Services of CONSULTANT, or any portion thereof for a period of not more than 90 days by notice in writing to CONSULTANT. CONSULTANT shall resume the Services on receipt from CLIENT of a written notice of resumption of the Services. If such suspension causes an increase in CONSULTANT's cost or a delay in the performance of the Services, then an equitable adjustment shall be made to the Compensation and Project Schedule, as appropriate. In the event that the period of suspension exceeds 90 days, the contract time and compensation are subject to renegotiation. 17 TERMINATION 17.1 CLIENT may terminate all or part of this Agreement for CLIENT's convenience by providing 10 days written notice to CONSULTANT. In such event, CONSULTANT will be entitled to Compensation for the Services performed up to the effective date of termination plus compensation for reasonable termination expenses. CONSULTANT will not be entitled to compensation for profit on Services not performed. 18 DISPUTES RESOLUTION.— ARBITRATION 18.1 Any dispute arising between the parties concerning this Agreement or the rights and duties of either party in relation thereto shall first be submitted to a panel consisting of at least one representative of each party. who shall have the authority to enter into an agreement to resolve the dispute. The disputes panel shall be conducted in good faith, either physically or electronically, within two weeks of a request by either party. No written verbal or electronic representation made b either during the course of any panel P y Pte' g proceeding or other settlement negotiations shall be deemed to be a party admission. 18.2 If the panel fails to convene within two weeks, or if the panel is unable to reach resolution of the dispute, then either party may submit the dispute for binding arbitration to be held in accordance with the Construction Industry Rules of the American Arbitration Association ( "Association ") in effect at the time that the demand for arbitration is filed with the Association. Either party may file in the manner provided by 6 Consulting Services (Hourly Rate) (Env) (Rev. 4 -10 -2002) the Rules of the Association, a Demand for Arbitration at any time. The arbitrator or arbitrators appointed by the Association shall have the power to award to either party to the dispute such sums, costs, expenses, and attorney's fees as the arbitrator or arbitrators may deem proper. 19 NOTICE 19.1 Any notice or communication required or permitted by this Agreement shall be deemed sufficiently given if in writing and when delivered personally or 48 hours after deposit with the a receipted commercial courier service or the U.S. Postal Service as registered or certified mail, postage prepaid, and addressed as follows: CLIENT City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attn: Todd Howard CONSULTANT MWH Americas, Inc. 505 US Highway 169, Suite 555 Minneapolis, MN, 55441 Attn: Bill Cook or to such other address as the party to whom notice is to be given has furnished to the other party(ies) in the manner provided above. 20 SURVIVAL OF CONTRACT TERMINATION 20.1 The Articles relating to Indemnification and Limitation of Liability shall survive termination the completion of the Services, payment in full of the Compensation and termination of this Agreement. 21 MISCELLANEOUS 21.1 Goveminz Law. The validity, construction and performance of this Agreement and all disputes between the parties arising out of this Agreement or as to any matters related to but not covered by this Agreement shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State where the Project is located. 21.2 Assignment. Neither this Agreement nor any rights under this Agreement may be assigned by any party without the prior written consent of the other party(ies). 21.3 Binding Effect. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. 21.4 Parties in Interest. Nothing in this Agreement, expressed or implied, is intended to confer on any person or entity other than the parries any right or remedy under or by reason of this Agreement. 7 Consulting Services (Hourly Rate) (Env) (Rev. 4 -10 -2002) 21.5 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement. 21.6 Amendment and Waiver. This Agreement may be amended, modified or supplemented only by a writing executed by each of the parties. Any party may in writing waive any provisions of this Agreement to the extent such provision is for the benefit of the waiving party. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by that party of its or any other party's compliance with any provisions of this Agreement. No waiver by any party of a breach of any provision of this Agreement shall be construed as a waiver of any subsequent or different breach, and no forbearance by a party to seek a remedy for noncompliance or breach by another party shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. 21.7 Venue. Jurisdiction and Process. The parties agree that any arbitration proceeding arising out of this Agreement or for the interpretation, performance or breach of this Agreement, shall be instituted in the County where the Project is located, and each party irrevocably submits to the jurisdiction of such proceeding and waives any and all objections to jurisdiction or venue that it may have under the laws of that . state or otherwise in such proceeding. 21.8 Severabilitv. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. 21.9 Preparation of Agreement. All provisions of this Agreement have been subject to full and careful review by and negotiation between CONSULTANT and CLIENT. Each such party has availed itself of such legal advice and counsel as it, respectively, has deemed appropriate. The parties hereto agree that neither one of them shall be deemed to be the drafter or author of this Agreement, and in the event this Agreement is subject to interpretation or construction by a court of law or panel of arbitration, such court or panel shall not construe this Agreement or any portion hereof against either party as the drafter of this Agreement. 21.10 Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of the parties, pertaining to that subject matter. CONSULTANT I nature / J Signature ic6tt Name (Printed oi / Name (Printed or Typed) 4 -1 1 3 0 Date Date Signature Name (Printed or Typed) Date 8 Consulting Services (Hourly Rate) (Env) (Rev. 410 -2002) ATTACHMENT A - SCOPE OF SERVICES PHASE I Overall Objective: To develop an action plan for the protection of water quality in Twin Lakes through quantitative analysis, public outreach, lake and watershed characterization, and watershed and lake restoration. The end document will provide a comprehensive program to meet the resource management goals for Twin Lakes. The purpose of this project is to develop a framework for the improvement of water quality for Twin Lakes. This framework will outline important issues, our current understanding of the water quality of Twin Lakes, and a systematic approach with milestones for improving water q t uali in Twin Lakes. Tasks and Goals: GOAL 1: Develop goals and issues for Twin Lakes including public, city official, and agency inputs. This scoping action will be the basis for developing appropriate goals and actions. Task 1 a. Hold two public input meetings to identify issues important to the residents of the Twin Lakes watershed. Task 1 b. Hold two public officials meetings to identify issues important to the cities in the Twin Lakes watershed. Task I c. Hold an agency officials meeting to identify their issues in the Twin Lakes watershed. Agencies may include the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, United States Geological Survey, Metropolitan Council, HCD, Hennepin County and any other interested parties. GOAL 2: Develop a public information, education and participation action plan. Task 2a. Develop objectives for a comprehensive public information and education program for the Twin Lakes watershed. This task will be coordinated with the current Twin Lakes Homeowner Education project. Task 2b. Develop specific actions and potential resources for implementation of a public information and education program for the Twin Lakes watershed. GOAL 3: Develop an action plan for a lake and watershed characterization for Twin Lakes. Task 3a. Develop a preliminary lake characterization by identifying and summarizing past studies in Twin Lakes. Task 3b. Develop a preliminary watershed characterization using GIS data and previous studies conducted in the watershed. Task 3c. Identify and prioritize watershed and lake issues, data gaps, and data needs. GOAL 4: Develop goals and actions to determine the best management strategies for protecting and improving the beneficial uses (as designatedbythe State of Minnesota) of Twin Lakes. Task 4a. Develop objectives for a comprehensive watershed - planning program for the Twin Lakes watershed. Task 4b. Develop specific actions and potential resources for implementation of the watershed - planning program for the Twin Lakes watershed. GOAL 5: Identify potential funding sources appropriate for the development and implementation of the Twin Lakes watershed and Lake management plan. Task 5a. Identify and summarize potential funding sources for implementation of the Twin Lakes Watershed Management Plan. GOAL 6: Develop goals and an action plan for the organization and implementation of the developed comprehensive watershed and lake management plan. Included in the implementation phase would be a plan for tracking the progress of implementation of the plan. Task 6a. Develop objectives for the organization and implementation of the comprehensive management plan for the Twin Lakes watershed. Task 6b. Develop specific actions and potential resources for implementation of the comprehensive management plan for the Twin Lakes watershed. PHASE H Objective: The primary objective is to identify management options to reduce P loading into Upper Twin Lake through the identification of P sources (wetland source, internal recycling). Task 1. Data Collection: This task includes the field collection of data for both Upper Twin Lakes and for the wetland area in the north subwatershed. Task la. Install monitoring equipment for the wetland system including ISCO samplers, flow meters, and rain gages. Task lb. Monitor water quality for the wetland system flowing into Upper Twin Lake. Monitoring will be conducted for TP, DP, NO3, pH, and TSS and include both storm sampling and basline monitoring. Task lc. Monitor water quality in Upper Twin Lake. Monitoring will be conducted for Chlorophyll -a, TP, DP, NO3, pH, temperature, DO and TSS. Task 2. Analyze water quality data for Upper Twin Lake and the wetland complex. -2- Task 2a. Evaluate data for quality assurance and quality control. Task 2b. Analyze wetland data for P loading and potential cause of P release (pH, DO). Task 2c. Model nutrient cycling in Upper Twin Lakes using BATHTUB to identify eutrophication potential. Task 2d. Develop final report outlining results, management options and alternatives for reducing P loads into Upper Twin Lake. Task 3. Identify potential alternatives for reducing P -loads to Upper Twin Lake and develop budgets for each scenario. DELIVERABLES: 1. Final Twin Lakes management plan outlining current issues and understanding, as well as a manamgemnet framework for improving the quality of Twin Lakes. 2. Final diagnostic study that identifies the eutrophication sources and potential of Twin Lakes. The study will also evaluate the large DNR wetland in the north subwatershed for nutrient loading to Twin Lakes. 3. List of potential management options and associated costs for the Twin Lakes watershed. TIMELINE The project will have a completion date of 1 year from the signing of the contract. -3- ATTACHMENT B BUDGET The compensation to complete the Twin Lakes Management Plan and Diagnostic Study is $92,358. CONSULTANT shall not exceed that amount without written authorization from the CLIENT. MWH AMERICAS, INC. 2002 SCHEDULE OF HOURLY RATES FOR WATER RESOURCE ENGINEERING FEES BILLING CLASSIFICATION RATE* 011 Senior Company Officer ** 012 Principal Professional I 145.00 013 Supervising Professional 130.00 014 Senior Professional 106.00 015 Professional 92.00 016 Associate Professional 80.00 017 Assistant Professional 54.00 021 Senior Designer 90.00 022 Designer 72.00 023 Drafter 58.00 031 Senior Resident Engineer 108.00 032 Resident Inspector 55.00 151 Principal Administrator 140.00 152 Senior Administrator 81.00 153 Administrator 64.00 154 Secretary 53.00 155 Word Processing Operator 66.00 156 Data Processor 50.00 157 Reproduction Typist 50.00 158 Clerk 42.00 * The hourly rates include salary, salary overhead and profit. Rates are reviewed and adjusted on an annual basis. * *To be determined on an individual basis. Note: An Associated Project Cost (APQ rate of $7.70 /per labor hour will apply to this rate schedule. APC rate covers computers, telecommunications, network charges, postage and in -house reproduction costs. The APC rate is determined and adjusted on an annual basis. BUDGET The compensation to complete the Twin Lakes Management Plan and Diagnostic Study is $92,358. CONSULTANT shall not exceed that amount without written authorization from the CLIENT. MWH AMERICAS, INC. 2002 SCHEDULE OF HOURLY RATES FOR WATER RESOURCE ENGINEERING FEES BILLING CLASSIFICATION RATE* 011 Senior Company Officer ** 012 Principal Professional I 145.00 013 Supervising Professional 130.00 014 Senior Professional 106.00 015 Professional 92.00 016 Associate Professional 80.00 017 Assistant Professional 54.00 021 Senior Designer 90.00 022 Designer 72.00 023 Drafter 58.00 031 Senior Resident Engineer 108.00 032 Resident Inspector 55.00 151 Principal Administrator 140.00 152 Senior Administrator 81.00 153 Administrator 64.00 154 Secretary 53.00 155 Word Processing Operator 66.00 156 Data Processor 50.00 157 Reproduction Typist 50.00 158 Clerk 42.00 * The hourly rates include salary, salary overhead and profit. Rates are reviewed and adjusted on an annual basis. * *To be determined on an individual basis. Note: An Associated Project Cost (APQ rate of $7.70 /per labor hour will apply to this rate schedule. APC rate covers computers, telecommunications, network charges, postage and in -house reproduction costs. The APC rate is determined and adjusted on an annual basis. City of 6301 Shingle Creek Parkway BROOKLYN Brooklyn Center, Minnesota 55430 -2199 CENTER 763 -569 -3340 ■ Fax 763 -561 -0955 Date: 4 -30 -02 To: Joe Bishoff From: Todd Howard Company: MWH Department: PW Fax No.: 763 - 593 -9975 No. of Pages: 14 Executed copy will follow by Mail � v ` ♦ �S \T If all pages aren't received or if you've received this fax in error, please call sender at 763 - 569 -3340. The information contained in this message is for the intended use of the person to whom it is sent and may be confidential in nature. Any dissemination, distribution or copying of the attached message is strictly prohibited without receiver's consent. • City Council Agenda Item No. 84 • PROCLAMATION DECLARING MAY 13 THROUGH 20, 2002, AS D.A.R.E. AWARENESS DAYS WHEREAS, illegal drugs are the enemy of ambition and hope, destroying individual lives, and undermining the health of our communities; and WHEREAS, in addition to the tragic consequences of drug use for Americans and their families, the drug trade supports terrorist networks that threaten our Country and our allies around the World; and WHEREAS, the Drug Abuse Resistance Education (D.A.R.E.) Curriculum plays an important role in helping our young people understand the many reasons to avoid drugs and is a series of lessons, taught by specially - trained police officers, that encourages students to live healthy, drug -free lives; and WHEREAS, in addition to promoting the right decisions about drugs, D.A.R.E. helps build relationships among parents, teachers, law enforcement officers, and others interested in preventing drug use in their communities; and • WHEREAS, recognizing D.A.R.E. as a critical part in our effort to teach young people how to avoid drug use and the devastating effects that drugs can inflict upon their health and on their future. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 13 through 20, 2002, as D.A.R.E. Awareness Days in the City of Brooklyn Center and call upon youth, parents, and educators to observe these days by joining the fight against drugs in the community, and encourage all citizens to express appreciation for the law enforcement officers, volunteers, and others who work to help young people avoid the dangers of drug use. i Date Mayor I ATTEST: City Clerk • • City Council Agenda Item No. 8o' Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION OF APPRECIATION FOR VOLUNTEER SERVICE TO NORTH HENNEPIN MEDIATION PROGRAM INCORPORATED WHEREAS, Lynne Thomas and Frank White, residents of Brooklyn Center, have provided community service as volunteer mediators for North Hennepin Mediation Program Incorporated; and WHEREAS, Lynne Thomas and Frank White will be recognized by North Hennepin Mediation Program for their volunteer service; and WHEREAS, North Hennepin Mediation Program has been promoting respectful communities by providing alternate alternative dispute resolution services to the community; and WHEREAS, Lynne Thomas began serving as a volunteer mediator in 1986; and WHEREAS, Frank White began his service in 1989; and WHEREAS, both Lynne Thomas and Frank White have provided very valuable volunteer service to the community through the North Hennepin Mediation Program; and • WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize and express its appreciation for the dedicated and valuable volunteer service provided by Lynn Thomas and Frank White. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that this resolution be and hereby is adopted expressing the City's appreciation and recognition of the long term, valuable volunteer service provided by Lynne Thomas and Frank White in providing mediation services through North Hennepin Mediation Program. 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. MM Michael McCauley, City Manager April 10, 2002 City of Brooklyn Center 6301 Shingle Creek Parkway TM Brooklyn Center MN 55430 North Hennepin Dear Mr. McCauley: Mediation Program I am writing o ask for our help g y pin recognizing two individuals who serve as a volunteer mediators for North Hennepin Mediation Program Inc. (NHMP). On Tuesday, May 7, NHMP will be holding its Annual Volunteer Appreciation Dinner. As a way of thanking our 3300 County Road 10 volunteers for all they do to enrich their communities by volunteering at NHMP, we would Suite #212 like to present "Thank You" letters from distinguished representatives of our community. Brooklyn Center MN Would you be willing to send a Thank You letter that we could present to Lynne 55429 Thomas and Frank White, two of 11 NHMP volunteers from Brooklyn Center? (763) 561 -0033 NHMP, formerly known as the Brooklyn Center Mediation Project, has been promoting Fax: (763) 561 -0266 respectful communities by providing alternative dispute resolution services to the community www.mediationprogram.com since 1983. Volunteers provide the backbone of our work, donating over 6500 hours and mediating over 1,400 cases in 2001! By utilizing the talents of trained volunteers, NHMP served over 6,000 individuals in a significant way on a very modest budget. In addition, our volunteers serve as NHMP's eyes, ears, and voices, helping us maintain close ties to our Serving: communities. Finally, they use their mediation training in their families, workplace and community. • Brooklyn Center rooklyn Park Lynne Thomas began mediating with NHMP in 1986. An extremely experienced mediator, amplin we call on Lynne for a wide variety of mediations, including disputes involving neighborhood, •Corcoran landlord- tenant, and family issues. Lynne recruited her son, Jason, and has co- mediated • Crystal with him. Frank White went through his initial mediator training in 1989. After serving us • Dayton faithfully for 12 years, Frank recently retired from mediating. As a retired teacher, Frank • Hassan Township worked wonderfully with youth, helping them figure out constructive, rather than destructive, • Hanover ways of handling conflict. We appreciate the years he served his community through • Maple Grove NHMP. • Minneapolis (north) At NHMP we ask much of our volunteers like Lynne and Frank. Our desire is to le em see • New Hope the impressive impact of their co U k, d1 u roug a an UU IeflG - ' c " • Osseo show them that peopl * e community appreciate the work they do. If you would be • Robbinsdale willing to he[ ease send the Thank You letters to us, no later than April 26 If yo • Rogers are una o participate, please let us know as soon as possible. Thank you! Lynne Thomas (Frank White) C/O North Hennepin Mediation Program Inc. 3300 County Rd 10, Suite 212 Serving New cities: Brooklyn Center MN 55429 • Deephaven Sincerely, • Golden Valley • Hopkins •Medina • Minnetonka ono Beth Bailey -Allen ymouth Executive Director •Shorewood director @mediationprogram.com • St. Louis Park • Wayzata • i City uncil Agenda Item No. 8 t3' g # Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: April 17, 2002 SUBJECT: Resolution Prescribing Voting Precincts and Designating Polling Locations for the City of Brooklyn Center Reestablishing /Redistricting Precincts Following the national census conducted every 10 years and after the Census Bureau releases official population figures, the state legislature redistricts itself and the congressional districts using the federal census block population data. The legislature's plan may be disputed, revised, and finalized by the state or federal courts. Once the congressional and legislative lines are finalized, local governing bodies must reestablish the boundaries of any elective districts they may have within 60 days of the legislature's redistricting or by April 30th, whichever comes first. Congressional and Legislative Redistricting Plans On March 19, 2002, the Minnesota Supreme Court Special Redistricting Panel signed orders adopting congressional and legislative redistricting plans. The congressional redistricting plan keeps Brooklyn Center in District 3. The legislative redistricting plan unites Brooklyn Center into one legislative district, 46B. For the past decade Brooklyn Center has been divided into two legislative districts, 46B and 47B. The changing of precinct boundaries is known as redistricting precincts. The precinct boundary changes may be due to changes to legislative or congressional district boundaries, ward boundaries, or as the result of the City's own initiative. When there is no need for cities to make changes to precinct boundaries, cities simply need to reconfirm or reestablish precinct boundaries. The Redistricting Plan There have been many factors to consider with this year's redistricting process. Following is a summary of the steps taken to reestablish/redistrict the precincts. The first step in the process was to identify and evaluate existing and potential polling locations. All polling locations whether new or reestablished must be: • fully accessible and usable by elderly or disabled persons; • large enough to accommodate the election activities; • free of other non - election activities; • smoking free; • liquor free and not adjacent to a liquor service area; • located within the precinct, except that a city may locate a polling location outside the precinct if • it is within 3,000 feet of the precinct boundary. 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 Memo to Mr. McCauley Page 2 April 17, 2002 i s Polling locations for six of the eight precincts met all the requirements and criteria and will continue to be utilized (Precinct 1 — Lutheran Church of the Triune God; Precinct 2 — Earle Brown Elementary School, Precinct 3 — Evergreen Park Elementary School; Precinct 7 — Cross of Glory Lutheran Church; new Precinct 5 — Garden City Elementary School; and new Precinct 6 — Northport Elementary School). With the renovation of Willow Lane Elementary School (polling location for Precinct 4) and the future closing of Orchard Lane Elementary School (polling location for Precinct 5), new polling locations were sought. I met with the facility director at St. Alphonsus Church and toured the facility. There are several large rooms available that would accommodate election activities. St. Alphonsus Church has agreed to serve as a polling location for Precinct 4 (replacing Willow Lane Elementary School). After reviewing the boundaries of Precinct 5, it was apparent there were no public facilities that could accommodate election activities. Precinct 5 has the fewest number of voters within its boundaries; with this in mind, it appeared to make sense to join Precinct 5 with Precinct 7 (polling location — Cross of Glory Lutheran Church). However, the voting room at Cross of Glory Lutheran Church would not be large enough to accommodate the increased number of voters. Following a review of the surrounding precincts, minor boundary changes were made to Precincts 4 and 6. By changing the north boundary of Precinct 6 between Brooklyn Boulevard and Xerxes Avenue North to I- 94/694 rather than 69th Avenue North, it decreased the number of voters in Precinct 6 by enough to unite it with Precinct 5 and be able to administer election activities efficiently. The polling locations for Precincts 4 and 6 have voting • rooms large enough to accommodate the increased number of voters. Another issue that is resolved by changing the north boundary of Precinct 6 to I- 94/694 is that there will only be two different school districts in Precinct 6, rather than three. It is very difficult to administer elections efficiently in a precinct with three different school districts, as there are different ballots for each school district, which can create confusion. Once polling locations were identified, the next step was to review precinct boundaries to ensure compliance with federal and state criteria. Precincts cannot be split between county, congressional, or legislative districts. Precinct boundaries must follow "visible, clearly recognizable physical features ", which statutes define as a street, road, boulevard, parkway, river stream, shoreline, drainage ditch, railway right -of -way, or any other line that is clearly visible from the ground. Another requirement is the need to draw precinct boundaries on census block boundaries. Hennepin County provided the City with a map of the current precinct boundaries, and identified two precinct boundaries that do not follow census block lines. The first boundary is the north boundary of Precinct 1 along 58th Avenue North, east of Camden Avenue North. The census block boundary is 57th Avenue North. After reviewing Precinct 1 boundaries, minor changes were made to place the polling location for Precinct 1 within its boundaries and to follow the census block boundary on 57th Avenue North extending to the Mississippi River. The other boundary is the south boundary of Precinct 3 east of Camden Avenue North extending to Willow Lane. The line does not follow a physical feature, nor does it follow a census block line. The south boundary for Precinct 3 has been redrawn to follow roadways and census block lines. Sunznzary of Changes • Attached is a census block population map of Brooklyn Center that shows the City divided into its current eight precincts, along with pink shading of the new proposed precinct boundaries and yellow shading of the areas where voters will have new polling locations. Memo to Mr. McCauley Page 3 April 17, 2002 I • Precinct 1 - Change to north precinct boundary to extend the boundary along Logan Avenue North to 59th Avenue North and then east to Dupont Avenue North, south to 57th Avenue North (census block line), and then east to the City limits at the Mississippi River. This change will place the polling location within the precinct. Approximately 90 voters will be relocated from Precinct 2 to Precinct 1, and approximately 40 voters will be relocated from Precinct 1 to Precinct 2. Precinct 2 - Southern boundary change as described in Precinct 1. Change to north precinct boundary to follow physical features, 66th Avenue North to T.H. 252, south to I- 94/694, then east to the City limits at the Mississippi River. Approximately 70 voters will be relocated from Precinct 2 to Precinct 3. Precinct 3 - South boundary change as described in Precinct 2. There will be an increase of approximately 70 voters. Precinct 4 - Change in polling location from Willow Lane Elementary School to St. Alphonsus Church. Change to eastern boundary to extend south along Shingle Creek Parkway to Xerxes Avenue North, -south to I- 94/694. Change to southern boundary to establish boundary as I- 94/694 between Brooklyn Boulevard and Xerxes Avenue North. Approximately 330 voters will be relocated from Precinct 6 to Precinct 4. Precinct 5 - Former Precinct 5 will be joined with the portion of former Precinct 6 south of 1- 94/694. • This will constitute Precinct 5. Precinct 6 - Former Precinct 6 is joined with Precinct 5 and renumbered Precinct 5. The portion north of I- 94/694 is relocated to Precinct 4. Approximately 330 voters will be relocated to Precinct 4; approximately 1,200 voters will be relocated from Precinct 5 to Precinct 6. Precinct 6 will become the largest precinct in the City, with just fewer than 3,000 voters. An adequate number of election judges will be assigned to efficiently handle the increase. Precinct 7 - There are no changes to Precinct 7. Precinct 8 - Former Precinct 8 is renumbered Precinct 6. There are no other changes. Council Action Attached is a resolution that prescribes the voting precincts and designates the polling locations for the City. Notification to State, County, and Voters After precinct boundaries are reestablished or redistricted, the City notifies the County Auditor and Secretary of State. The map and notice of the changes are posted at City Hall for 60 days following Council approval. Hennepin County will notify all registered voters in the City of their precinct and polling location. • 0 ° 4 47 0 _' > 75 90 8 1 39 40 44 3 39 69 53 10 66 53 3 63 74 5365 64 113 0 T- 73 0 92 8 74 60 79 112 48 74 453 40 0 164 • 35 0 26 67 43 i 54 81 89 97 B oo20 ,,n enter P-4 79 62 61 0: 85 73 84 C •.� 80 E 1 3139 40 37 12 37 3 O 65 272 347 280 30 38 36 46 34 63 p 3543 224 - 351 38 ° 386 93 87 2 12 45 38 46 31 045 203 87 0 - - � 3 �58 4832 105 123 0 0 35' 22 181416 45 0 0 199 1 388 80 42 73 25 24 46 55 86 0 0 41 1 0 0 112 33 39 6 88 ___ 0 87 0 0 0 2 474416 56 45 55 4 87 59 45 58 38 39 258 122 204 0 9 43 1 6 75 0 222 Bro 0 1 Gen r F816 0 19 51 416 11 75 3842 50 38 96 99 0' 48 100 59 152 Brooklyn C _nter P -2 - — _ 6 44 113 25 32 57 68 69 47 06 80 81 109 ° 97 31 43 41 110 12 29 68 28 271 323426 38 27 23 43 98 Brooklyn C n 6 165 1 i is i' i River 55 0 -' 89 73 40 29 27 31 39 ° .43 38 29 44 32 36i • 38 — 61 92 532 4 98 0 47 45 43 40 43 40 44 0 46 36 35 46 '48 1 47 0 —� 85 241 22 57 0 54 40 15 62 32 35 5528 2527 43 27 1927 0 0 p 0 52 3231 35 4731 43 36 68 81 87 48 0 52 9 0 59 32-4844 39 38 31 44 18 7 40 208 0 � 67 0 66 65 86 94 71 88 4 Z. 0 50 0 i� 50 4 n C nt 4�5 - P8 35 58 9 86 . �s = g2 54 43 46 39 68 51 66 56 71' 9 �t 33 117 23 42 4 51 61 0 1 90 90 79 4 �.,. ; Twm Lakes g7 58 5 41 56 46 60 51 52 56 59 46 37 56 53 52 Q x r n N x e r 40 44 2 58 ter P - vo+ei'S 0 ; 1 ` 521 (•1etge r1C W 67 1 - _ 42 Ilin (OCIl�1� w EY 89 72 - C of Brooklyn Center 39 122 1 S 91 0 41. 37 41 Census Block Population neWPfec;nc. �purdarie5 0 s_ 47 33 45 Hennepin County Elections Division - March, 2002 07 19 I I • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PRESCRIBING VOTING PRECINCTS AND DESIGNATING POLLING LOCATIONS FOR THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center is currently constituted into eight voting precincts described by Resolution No. 92 -42 adopted by the City Council on March 9, 1992; and WHEREAS, a federal census of Brooklyn Center was conducted for the year 2000 which indicated, among other things, the population distribution within the City of Brooklyn Center; and WHEREAS, Minnesota Statutes 204B.14, subds. 3 and 4 require cities to establish precincts with newly changed boundaries and/or reestablish existing precinct boundaries when the legislature has been redistricted; and WHEREAS, the City Council has considered the factors of population distribution within Brooklyn Center, legislative district lines, community neighborhoods, and various school district boundaries within the City. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to rescind Resolution No. 92 -42 prescribing voting precincts for the City of Brooklyn Center adopted by the City Council on March 9, 1992. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that voting precincts in the City of Brooklyn Center shall be numbered and described as follows: Precinct One South boundary: commencing at the southeast City limits at the Mississippi River and the centerline of 53rd Avenue North west to Shingle Creek. West boundary: commencing at the centerline of 53rd Avenue North and Shingle Creek north to the centerline of County Road 10. North boundary: commencing at Shingle Creek and the centerline of County Road 10 east to the centerline of Logan Avenue North, north along the centerline of Logan Avenue North to the centerline of 59th Avenue North, east along the centerline of 59th Avenue North to the centerline of Dupont Avenue North, south along the centerline of Dupont Avenue North to the centerline of 57th Avenue North, east along the centerline of 57th Avenue North extended to the east City limits at the Mississippi River. East boundary: commencing at the east City limits at the Mississippi River south from the centerline of 57th Avenue North to the southeast City limits at the centerline of 53rd Avenue North. Precinct Two • South boundary: commencing at the east City limits at the Mississippi River and the centerline of RESOLUTION NO. • 57th Avenue North west to the centerline of Dupont Avenue North, north along the centerline of Dupont Avenue North to the centerline of 59th Avenue North, west along the centerline of 59th Avenue North to the centerline of Logan Avenue North, south along the centerline of Logan Avenue North to the centerline of 57th Avenue North, west along the centerline of 57th Avenue North (also known as County Road 10) to Shingle Creek. West boundary: commencing at the centerline of County Road 10 and Shingle Creek north to the centerline of I- 94/694, northwest along the centerline of 1- 94/694 to the centerline of Xerxes Avenue North, northeast along the centerline of Xerxes Avenue North to the centerline of Shingle Creek Parkway, northwest along the centerline of Shingle Creek Parkway to the centerline of 69th Avenue North. North boundary: commencing at the centerline of Shingle Creek Parkway and the centerline of 69th Avenue North east to the centerline of Dupont Avenue North, south along the centerline of Dupont Avenue North to the centerline of 65th Avenue North, east along the centerline of 65th Avenue North to the intersection with the centerline of 66th Avenue North, northeast along the centerline of 66th Avenue North to the centerline of T.H. 252, south along the centerline of T.H. 252 to the centerline of I- 94/694, east along the centerline of I- 94/694 to the east City limits at the Mississippi River. East boundary: commencing at the east City limits at the Mississippi River south from the centerline of I- 94/694 to the centerline of 57th Avenue North. • Precinct Three South boundary: commencing at the east City limits at the Mississippi River and the centerline of I- 94/694 extended west to the centerline of T.H. 252, north along the centerline of T.H. 252 to the centerline of 66th Avenue North, southwest along the centerline of 66th Avenue North to the intersection with the centerline of 65th Avenue North, west along the centerline of 65th Avenue North to the centerline of Dupont Avenue North, north along the centerline of Dupont Avenue North to the centerline of 69th Avenue North, west along the centerline of 69th Avenue North to the centerline of West Palmer Lake Drive. West boundary: commencing at the centerline of 69th Avenue North and the centerline of West Palmer Lake Drive north to the north City limits. North boundary: commencing at the centerline of West Palmer Lake Drive and the north City limits east to the northeast City limits at the Mississippi River. East boundary: commencing at the east City limits at the Mississippi River south from the centerline of 73rd Avenue North to the centerline of I- 94/694. Precinct Four South boundary: commencing at the intersection of the centerline of Xerxes Avenue North and the centerline of I- 94/694 west to the west City limits. West boundary: commencing at the west City limits at the centerline of 1- 94/694 north to the northwest City limits. North boundary: commencing at the northwest City limits east to the centerline of West Palmer • Lake Drive. RESOLUTION NO. East boundary: commencing at the north City limits at the centerline of West Palmer Lake Drive south to the centerline of 69th Avenue North, east along the centerline of 69th Avenue North to the centerline of Shingle Creek Parkway, southeast along the centerline of Shingle Creek Parkway to the centerline of Xerxes Avenue North, southwest along the centerline of Xerxes Avenue North to the centerline of 1- 94/694. Precinct Five South boundary: commencing at Shingle Creek and the centerline of County Road 10 west to the centerline of Brooklyn Boulevard, north along the centerline of Brooklyn Boulevard to the centerline of 63rd Avenue North, west along the centerline of 63rd Avenue North to the west City limits. West boundary: commencing at the centerline of 63rd Avenue North and the west City limits north to the centerline of 1- 94/694. North boundary: commencing at the west City limits at the centerline of 1- 94/694 east to Shingle Creek. East boundary: commencing at the centerline of 1- 94/694 and Shingle Creek south to the centerline of County Road 10. Precinct Six South boundary: commencing at Shingle Creek at the south City limits west to the southwest City • limits. West boundary: commencing at the southwest City limits north to the centerline of County Road 10. North boundary: commencing at the west City limits at the centerline of County Road 10 east to Shingle Creek. East boundary: commencing at the centerline of County Road 10 and Shingle Creek south to the south City limits. Precinct Seven South boundary: commencing at the centerline of Brooklyn Boulevard and the centerline of County Road 10 west to the west City limits. West boundary: commencing at the centerline of County Road 10 and the west City limits north to the centerline of 63rd Avenue North. North boundary: commencing at the west City limits at the centerline of 63rd Avenue North east to the centerline of Brooklyn Boulevard. East boundary: commencing at the centerline of 63rd Avenue North and the centerline of Brooklyn Boulevard south to the centerline of County Road 10. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that polling locations are hereby designated for the City of Brooklyn Center in accordance with Minnesota Statutes 204B.16 as follows: • • RESOLUTION NO. Precinct One Lutheran Church of the Triune God 5827 Humboldt Avenue North Precinct Two Earle Brown Elementary School 5900 Humboldt Avenue North Precinct Three Evergreen Park Elementary School 7020 Dupont Avenue North Precinct Four St. Alphonsus Church 7026 Halifax Avenue North Precinct Five Garden City Elementary School 6400 Brooklyn Boulevard • Precinct Six Northport Elementary School 5421 Brooklyn Boulevard Precinct Seven Cross of Glory Lutheran Church 5929 Brooklyn Boulevard April 22. 2002 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • RESOLUTION NO. n An olca Henn p in # 11 v J ::::::::::::::::::::: :: _:: :. 9TH , , ✓E � O sseo #279 ...................: _ _._ -9 d is v .........:::.................. ..........:::::::.............. ..................................... ............................... ti O O 63RD AVE �Z5 ::::... 5 5 1 - ................... ...................... :::: .::::::: f . .......................... ............................... BASS LAKE 2 — cfl —�, I Robbi nsdal 281 A School District Boundaries s Voter Precincts 0 Precinct 1 Precinct 2 0 Precinct 3 Precinct 4 Precinct 5 Precinct 6 � Jr, y P Precinct 7 BROO L r-N C LNlls'11 N Voter Precinct and School District Map City Council Agenda Item No. 81?� Office of the City Clerk City of Brooklyn Center . A Millennium COmmltnity MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerkj,, A 8 44 d�_ DATE: April 17, 2002 SUBJECT: Mayoral Appointment to Housing Commission Housing Commission (one vacancy) The Housing Commission is composed of a chairperson and eight members. Shawn Taylor resigned from the Housing Commission on February 13, 2002, thereby creating a vacancy with a term expiration of December 31, 2002. Notice of vacancy on the Housing Commission was published in the Brooklyn Center Sun -Post on February 27, 2002. Notice was posted at City Hall, aired on Cable Channel 16, and appeared on the City's web site from February 15 through March 31, 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 Council Members only is a copy of the application received: Mary Barrus, 5441 Camden Avenue North A letter was sent to the applicant notifying her that her application for appointment would be considered at the April 22, 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) Housing Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establishing Housing Commission duties and responsibilities. Recommended Council Action: Motion by Council to ratify the Housing Commission nomination by Mayor Kragness with term expiring December 31, 2002. 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 P PP Y Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • PROCEDUR.CC City of Brooklyn Center Office of the Mayor A Millennium C07ninunity • MEMORANDUM TO: Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Bob Peppe Councilmember Tim Ricker FROM: Myrna Kragness, Mayor IZv DATE: April 17, 2002 SUBJECT: Housing Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Mary Barrus, 5441 Camden Avenue North, to the Housing Commission with term expiring December 31, 2002. • • 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 7 ( 63) 569-3434 FAX (763) 569 -3494 • City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members April 17, 2002 Neighborhoods Applicants Current Members Southeast Mary Barrus 5441 Camden Avenue North Northeast Kathleen Carmody 7024 Knox Avenue North Lloyd Deuel 1606 72nd Avenue North Northwest Ernie Erickson • 6800 Drew Avenue North West Central Kris Lawrence - Anderson 5213 Eleanor Lane Dennis Snook 5836 Halifax Avenue North Michael VonDelinde 5312 Boulder Lane Central Judy Thorbus 6265 Brooklyn Drive Mark Yelich 6018 Beard Avenue North Southwest • 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 II. Meetings The Commission shall hold regular meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. • Article IV. Attendance • Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2. Membership Each Ad Hoc Committee shall have a Chairperson, who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article VIII. Parliamentary Authority Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. Article IX. Amendments These bylaws may be amended by a four -fifths vote of the City Council. ® RESOLUTION NO. 73 -140 RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION NO. 92 -136 RESOLUTION NO. 95 -79 RESOLUTION NO. 98 -13 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and • WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: • 1. Advise, investigate and review relevant matters for the City Council. -1- 2. Develop an overall plan for housing in line with the comprehensive plan for • Brooklyn Center and the needs of the metropolitan area. 3. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. 4. Work closely with the Planning Commission and all other commissions on matters regarding housing. 5. Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. 6. Develop and recommend standards for occupancy and maintenance of housing for the community. 7. Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. 8. Investigate new and innovative concepts in housing for the community. 9. Develop and recommend programs which will provide quality housing for low and moderate income citizens. 10. Develop nd recommend a rehabilitation program as needed for existing housing in • P p g g g Brooklyn Center, especially for major maintenance and energy modernization projects. 11. Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. 12. Investigate all housing programs in terms of life safety. 13. Provide education seminars for the citizens of Brooklyn Center in matters of housing. 14. Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. 15. Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. S -2- Subdivision . 6. MEMBERS MET — • HOD OF SELECTION TERM OF OFFICE - REMOVAL. Chairperson: The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to housing. ® Vice Chairperson: A Vice Chairperson shall be appointed annually b the Chairperson from � Pp Y Y rP the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner 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. -3- Qualifications for Membership: Members of the Commission shall be residents of the City S of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Reauirements: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Initial Appointment: The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. 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: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; • -4- • 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Compensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. -5- Subdivision 11. I NE GHBORHOODS: 0 Neiiahborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. i • -6- City Council Agenda Item No. 8f • City of Brooklyn Center AMillennium Community • To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCaule City Manager Date: April 18, 2002 Re: Azelia Extension/Highway 100 Since the February 11 th City Council meeting some of the approvals identified as necessary for the project have been received: - Wetland Replacement Plan o However, an appeal has been filed with Board of Water & Soil Resources - Response Action Plan o Approved by MPCA April 9, 2002. We have not received, but have been advised to anticipate receiving: • - No Association Letter from MPCA The City Council, on December 12, 2001, authorized commencement of acquisition of easements necessary for the Azelia extension. The Council was advised that actual finalization of easement acquisition would be brought back to the Council prior to the end of the quick take period. That period ends on May 2 " and May 8 th as indicated in the attached letter from Mr. LeFevere. Attached also is a revised outline of approvals and times. The process of approvals has been delayed by a number of factors and the anticipated construction of the project and award of bids is much more likely to occur in June, rather than in May as anticipated in February. While the Watershed Commission has approved the wetland mitigation plan, some residents have filed an appeal of that decision to the Board of Water & Soil Resources. Mr. Howard has spoken with MnDOT and it appears that if the Board of Water & Soil Resources did not approve the wetland mitigation plan, the wetland could be bridged. One of the recurring questions is who is responsible for the costs of the project, especially in light of the increased cost and potential for more costs regarding wetlands. MnDOT is 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 )7 responsible for the project costs. Mr. O'Keefe and Mr. Norris will be at the April 22 meeting to answer questions and provide an update on the project. • • Approvals /Actions Anticipated /pending Approval Item Approving Agency *Approved Wetland Replacement Plan Shingle Cr. Watershed M g mt. Org. Appeal Pending to Board of Water & Soil Resources Board of Water & Soil Resources Feb. 25, 2002 Plans & Specs. France Ave. Project City Council Advertise for Bids France Ave. Project City Council State aid designation /removal City Council March 12, 2002 MPCA Open House MPCA /Dept. Health Approved Response Action Plan MPCA Pending No Association Letter MPCA April 22, 2002 Proceed with easements not on Joslyn site City Council Action Item acquisition /not use After Letter ojA4o Association Cooperative Agreement w/ N1nDOT City Council May 3, 2002 possession of easements if through eminent domain (Joslyn and others) Pending State approval of France Ave. construction plans MnDOT • Action that is final determination to construct protect: M'j 271'hine 10 Award contract for France Avenue project City Council • 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax • C H A R T E R E D http: / /wtaw.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com March 20, 2002 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: France Avenue Relocation Condemnations Dear Mike: • As you know, the City Council has previously authorized condemnation of certain properties for the France Avenue relocation project. The Council authorized the taking of these properties by the so- called "quick- take" process, under which the City can acquire title and possession in 90 days. At the time the Council authorized these condemnations, I indicated that the Council could abandon the project at any time until the City took title and possession. Title to the properties will pass to the City on May 2, 2002, for some of the properties and May 8, 2002, for the remainder. As you suggested, it might be advisable to inform the Council of the dates noted above and secure a definite decision whether or not to proceed with the acquisition. Very truly yours, Charles L. LeFevere CLL:lh • CLL- 211861v1 BR291 -4 Minnesota Pollution Control Agency April 9, 2002 Mr. Michael J. McCauley City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 44430 RE: Joslyn Azalia Avenue Extension Azalia Avenue North of Lakebreeze Avenue, South of the Canadian Pacific Railroad Tracks, Brooklyn Center, Minnesota 32VP 9731 Dear Mr. McCauley: The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC) Unit has reviewed the reports entitled "Response Action Plan for Road Construction at the Former Joslyn Site" prepared by Geomatrix Consultants dated revised March 5, 2002, and a memorandum from Chris Thompson with Geomatrix Consultants to Gerald Stahnke of the MPCA • entitled 'RAP Addendum #1" dated January 18, 2002. Together these documents comprise the Response Action Plan (RAP) for the Azalia Avenue Road Construction Project. Based on the review of the RAP, it is hereby approved pursuant to Minn. Stat. § 115B. 17, subd 14. If you have any questions on the above, please contact John Betcher at (651) 296 -7821 or me at (651) 297 -1459. Sincerely, Gerald Stahnke Project Manager Voluntary Investigation and Cleanup Unit Superfund Section Majors and Remediation Division GS /jmp cc: Jim Eidem, Geomatrix Consultants Dale Finnesgaard, Barr Engineering Carl Grabinski, Joslyn Manufacturing Paul Hyde, Real Estate Recycling 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar; www.pca.state.mmus Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. MEMORANDUM DATE: April 17, 2002 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer +_�_ SUBJECT: France Avenue Connection, Improvement Project No. 2002 -04 Resolution Authorizing Execution of an Agreement with the Metropolitan Council Environmental Services - Resolution Authorizing Execution of a Project Cooperation Agreement with Mn/DOT - A motion to approve finalization of eminent domain precedings On December 12, 2001, the City Council formally authorized condemnation for the France Avenue Relocation Project. Court dates are scheduled and the City will shortly after be required to deposit the funds for the assessed value of the required easements on two parcels. Council action is requested to reaffirm the use of eminent domain. A project cooperation agreement with Mn/DOT and an agreement with the Metropolitan Council Environmental Services (MCES) also require Cuncil approval. • Background A Highway 100 and France Avenue project history is outlined below: DATE ACTION Pre 1990 Periodic review and preliminary design, right of way acquisition, and public meetings; lack of funding prevented completion. January 1990 Technical Advisory Committee and Citizens Advisory Committee formed and begin meeting to prepare and review Scoping Document. Summer 1990 Mn/DOT holds first open house at Robbinsdale City Hall to review design alternatives. August 1990 Brooklyn Center City Council receives status report, and is dissatisfied with the alternatives presented for the France Avenue interchange. City hires Glen Van Wormer from SEH, inc. to prepare additional alternates. Fall/Winter 1990 Mn/DOT holds various public meetings. December 1990 City Council approves France Avenue concept developed jointly by SEH and Mn/DOT and asks that it be included in the EIS. I I 1991 Metropolitan Council approves Scoping Document and authorizes work to begin on the draft Environmental Impact Statement. 1992 Mn/DOT distributes fliers to affected residents in the four cities advising of the project status, and inviting comments. Fall 1992 Third round of public meetings in each of the cities to advise residents of the design and progress. 1994 Highway 100 Council formed to lobby for project funding. Fall 1996 Citizens Advisory ommittee meetings, eetings, additional public meetings, and staff • and agency discussions regarding the draft EIS. g g December 1996 Brooklyn Center City Council approves final EIS. • November 1998 Final Record of Decision issued by the Federal Highway Administration. February 1999 Mn/DOT Preliminary Design informs engineering staff that the France Avenue design would have to be changed because of 1) the proximity of the France /Lakebreeze intersection to the interchange, and 2) the need to raise the railroad bridge and this the at grade crossing by 3 -5 feet. Mn /DOT staff suggests an alternative that would relocate France Avenue to the west of the NSP substation and provide an intersection with Lakebreeze at about the racquet club driveway. Engineering staff suggests a more westerly route that would align with Azelia. February 8, 1999 Council reviews and approves aesthetic design of bridges, lights, etc. for Segment 4. April 1999 Mn/DOT agrees that an extension of Azelia and 50` Avenue would be a better option. May 24, 1999 Brooklyn Center City Council approves Real Estate Recycling Planned Unit Development and Joslyn site plan, showing the Azelia extension across the site. September 25, 2000 Approval of Phase II of the Joslyn site. June 12, 2000 Council reviews draft final design, Segment 4. July 19, 2000 Special Council meeting at Northport School, France Avenue interchange design. 1 July 24, 2000 Council approves segment 4 design but reserves the right to review the France Avenue interchange. l July 24, 2000 Council hires SEH to facilitate public meetings and review design alternates. August 29, 2000 First facilitated public meeting to gather public input on potential additional design options. October 11, 2000 Second facilitated public meeting to review potential design options and gather • public reaction. November 13, 2000 Council receives SEH report on 4 design options. November 27, 2000 Council selects the Azelia /50 extension design option for France Avenue 1 Relocation. December 11, 2000 Council approves Memorandum of Understanding with Mn/DOT regarding construction of the France Avenue Relocation design approved 11/27/00. February 26, 2001 Council hires SEH to design France Avenue relocation and Southwest Area Neighborhood Street and Utility Improvement Project and appropriates $360,000 for this. May 29, 2001 Council establishes Fr'an"_c_ e Avenue Relocation and Southwest Area projects. May 29, 2001 Council is updated on status of TH 100 Segment 4 and the France Avenue Relocation projects, and directs staff to investigate options for aesthetic improvements to Azelia /50 such as decorative street lighting, fencing, and retaining_ walls. June 25, 2001 Council approves Phase III of the Joslyn site redevelopment. July 23, 2001 Council approves Segment 4 flap amendment that substitutes the Indiana Avenue frontage road for the 46"' Avenue bridge. 1 August, 2001 City hires Evergreen Land Services to obtain appraisals and acquire real estate. August, 2001 City hires Geomatrix to prepare the Response Action Plan (RAP). October 8, 2001 Council adopts as one of its 2002 goals for completion of the France Avenue rerouting. December 12, 2001 Council adopts Capital Improvement Program and MSA Fund budget for 2002 including_ France Avenue relocation. December 12, 2001 Council approves resolution requesting concurrent detachment and annexation of Indiana Avenue frontage road property. December 12, 2001 Council authorizes acquisition of necessary real estate and authorizes • condemnation if necessary. February 25, 2002 Council approved plans and specifications and authorized ad for bids. J Status of Approvals On April 9, 2002 the City received a letter from the Minnesota Pollution Control Agency (MPCA) for approval of the Response Action Plan (RAP). A No Association Determination letter from the MPCA for the construction of the road and trail over the former Joslyn Site has been received. A No Association Determination letter for the XCEL energy site is anticipated in the next couple of days. The City has also received the wetland permit approval from the Shingle Creek Water Management Organization. It should be noted that Diane Niessen and Paul Oman have appealed the decision of the Shingle Creek Board to the Board of Water and Soil Resources (BWSR). According to wetland law, the project may continue during the appeal process. Discussion\Actions The construction of the France Avenue Connection will require the relocation of a portion of a Metropolitan Council forcemain. The Metropolitan Council has drafted an agreement that identifies the area of the relocation, the construction terms, and notification requirements. The City Attorney has reviewed the document and is recommending revisions. An agreement with Mn/DOT is also required. Upon receiving updated costs for engineering and real estate from the City, Mn/DOT's Central Office will incorporate the costs into a project • cooperation agreement. The terms of the project cooperation agreement are outlined in the Memorandum of Understanding approved by the City Council in December of 2000. Acquisition of the easements has not yet been finalized and discussions with property owners are ongoing. In December of 2001, the Council authorized condemnation of properties along the France Avenue Connection. A court date is set for Tuesday, April 23. Shortly after that date the City will be required to deposit (non - refundable) the appraised value of the land with the Court. Recommended Actions It is recommended that Council approve the attached resolutions authorizing the execution of an agreement with the.MCES and authorizing the execution of a Project Cooperation Agreement with Mn/DOT. It is also recommended that Council approve a motion for the finalization of the eminent domain proceedings. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A PROJECT COOPERATION AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RELOCATION WHEREAS, the City Council on December 11, 2000 authorized the execution of a Memorandum of Understanding with the Department of Transportation; and. WHEREAS, the City Council on February 25, 2002 approved plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Manager is authorized and hereby directed to execute the Project Cooperation Agreement. 2. The Project Cooperation Agreement is subject to the review of the City Attorney. • 3. Execution of the Agreement is subject to the receipt of a no association determination letter from the Minnesota Pollution Control Agency. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i Member introduced the following resolution and moved its adoption: • g P RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION A CONSTRUCTION COOPERATION AGREEMENT WITH THE METROPOLITAN COUNCIL, IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RELOCATION WHEREAS, the City Council on February 25, 2002 approved plans and specifications; and WHEREAS, the plans include relocating a portion of the Metropolitan Council sanitary forcemain; and WHEREAS, the Metropolitan Council has drafted a Construction Cooperation Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Manager is authorized and hereby directed to execute the Construction Cooperation Agreement. 2. The Construction Cooperation Agreement is subject to the review and revisions of the ® City Attorney, 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. 8g MEMORANDUM DATE: April 17, 2002 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide J SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Tenth Consecutive Year; And Proclamation Declaring April 26, 2002 Arbor Day and May 2002 Arbor Month in Brooklyn Center For each of the past ten years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Foundation. This national award recognizes communities with effective community forestry programs. The City's forestry programs include the following: ♦ Care for and planting of park and boulevard trees; ♦ Diseased and nuisance tree removal program; ♦ Mandatory tree contractor registrations requiring certain minimums of liability insurance; ♦ Boulevard tree planting permits requiring proper placement of tree and selection of tree species; ♦ A Residential Reforestation program which provides financial assistance in the form of $100 coupons to property owners who have lost a tree to disease. The coupons are good towards a replacement tree from one of several local nurseries; ♦ A tree ordinance specifying proper standards of care for all trees; and ♦ An Arbor Day and Month program which travels between elementary schools in Brooklyn Center, providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees. One of the requirements for Tree City USA cities is that they host Arbor Day or Arbor Month celebrations. The ongoing project for Palmer Lake Ponds and Trail Improvements provides the perfect opportunity to partner with Palmer Lake Elementary School for the site for the 2002 Arbor Month celebration. Students will participate in the planting of trees and bushes in the reforestation of the West Palmer Lake Stormwater Detention Pond area. Invitations will be sent to the Mayor and Council Members when the date of the celebration is confirmed. A resolution recognizing Brooklyn Center's designation as a Tree City USA and reaffirming the City's commitment to its urban forest is provided for Council consideration. A proclamation declaring Arbor Day and Arbor Month in Brooklyn Center is also included for Council consideration. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TENTH CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Foundation, upon the recommendation of the State of Minnesota forester, has designated Brooklyn Center as a Tree City USA in recognition of 2001 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Council hereby recognizes and accepts the designation of Tree City USA for the tenth consecutive year on behalf of the residents of Brooklyn Center. 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue a high level of maintenance and reforestation efforts. 3. The Council commends city staff and the residents of Brooklyn Center for their work in maintaining and enhancing Brooklyn Center's urban forest. 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. • PROCLAMATION DECLARING APRIL 26, 2002 ARBOR DAY AND MAY 2002 ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as construction damage and pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, We are in a decade that emphasizes the environment and how people can � positively impact world problems like global warming by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, Brooklyn Center has been recognized for the tenth year as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree - planting ways. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 26, 2002, Arbor Day and May 2002 as Arbor Month in the City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Date Mayor ATTEST: City Clerk