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Home My WebLink About2001 01-22 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION January 22, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Miscellaneous 3. Adjourn CITY COUNCIL MEETING Public Copy City of Brooklyn Center January 22, 2001 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 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 8, 2001 - Study Session 2. January 8, 2001 - Regular Session b. Licenses C. Approval of Application for Exemption from Lawful Gambling License (Raffle) from Anoka County Pheasants Forever d. Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 2001 e. Resolution Designating Depositories of City Funds I . CITY COUNCIL AGENDA -2- January 22, 2001 f. Resolution Designating 2001 Planting List of Allowable Boulevard Tree Species g. Resolution Authorizing the Execution of An Agreement With Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base 7. Planning Commission Item a. Planning Commission Application No. 2001 -001 Submitted by Linda H. Thibodeaux, on behalf of the Kids Dominion Preschool. Request for a Special Use Permit Amendment to increase the number of children served at the Kids Dominion Preschool located in the Jehovah — Jireh Church of God in Christ, 6120 Xerxes Avenue North. The Planning Commission recommended approval of this application at its January 11, 2001 meeting. • Requested Council Action: - Motion to approve Planning Commission Application No. 2001 -001 subject to the recommended conditions from the Planning Commission. • 8. Council Consideration Items a. Resolution Expressing Recognition Of and Appreciation for the Dedicated Public Service of Jerry Olson -Requested Council Action: - Motion to adopt resolution. b. Amend 2001 City Council Meeting Schedule • Requested Council Action: - Motion to amend March 5,200 1, and April 16, 2001, times on the City Council meeting schedule. c. City Contribution to Minnesota Municipal Beverage Association • Requested Council Action: - Motion on participation in lobbying effort. d. Request from City of Robbinsdale for TH 100 Cost Participation • Requested Council Action: - Motion to direct response to request. • CITY COUNCIL AGENDA -3- January 22, 2001 e. Staff Report Regarding Centerbrook Golf Course Water Tower Storage - Resolution Establishing Improvement Project No. 2001 -14, Construction of a Storage Building at Centerbrook Golf Course • Requested Council Action: - Motion to adopt resolution. f. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2001 -02, 02, and 03, Garden City North Street, Storm Drainage, and Utility Improvements • Requested Council Action: - Motion to adopt resolution. g. An Ordinance Amending Chapter 25 of the Brooklyn Center Ordinances Regarding Management of the Right of Way •Requested Council Action: • - Motion to approve first reading and set second reading and public hearing for February 26, 2001. h. Resolution Amending the Schedule of Right of Way Permit Fees • Requested Council Action: - Motion to adopt resolution. 9. Adjournment • I pity Council Agenda Item No. 6a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 8, 2001 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna K.ragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Michael McCauley discussed the following amendments to the agenda: Council • Consideration Item 9n, Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2001, which includes the contract to be approved, and Council Consideration Item 9o, Staff Report Re: New Cable Franchises which includes a resolution to amend the right -of -way fee schedule. Council discussed these amendments and several other agenda items which included persons for the invocations for 2001, and Council agenda items 6e, 6f, 6k, 7, 8a, 9c, 9o, and EDA agenda item 4b. CITY COUNCIL 2001 RETREAT DATES Council discussed possible dates for the City Council Retreats. It was the consensus of the Council to schedule January 23, 2001, starting at 2:00 p.m., and August 11, 2001, starting at 8:30 a.m. for the City Council Retreats. SMART GROWTH GRANT PROCESS Mr. McCauley requested direction from the Council as to who the Council would like to have as stakeholders for the Smart Growth process. It was the consensus of the Council to include the following as stakeholders for the Smart Growth process: i 01/08/01 -1- DRAFT • Representatives of Brookdale • • Representatives of the Chamber of Commerce • Representatives of Planning Commission • Other major property owners around Brookdale and the balance of the study area • Interfaith action • School District Nos. 281 and 286 • Lions Representative • Rotary Representative RIVERWOOD NEIGHBORHOOD SIGN REQUEST Council discussed the request received for a neighborhood sign from the Riverwood Neighborhood Association. It was the consensus of the Council to have Mr. McCauley respond to the request with a letter identifying the conversations of the Council and to inform the Association that some type of small identification sign could be mounted on a street sign that would be manageable and uniform across the City if other neighborhoods were to request the same. MISCELLANEOUS Council discussed dates of the D.A.R.E. Graduations and City Council agenda item 91. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Peppe to adjourn the study session at 6:42 p.m. City Clerk Mayor 01/08/01 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 8, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the informal open forum at 6:42 p.m. ROLL CALL Mayor Myrna Kragness,' Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad Hoffinan, Public Works Director Diane Spector, City Attorney Charlie LeFevere and Deputy City Clerk Maria Rosenbaum. P tY • Steve Wacha, 5724 Girard Avenue North, Tim Burns, 4245 France Avenue North, and Darrel Fehrman, 7936 Brunswick Court, addressed the Council to discuss the American Legion Post No. 630 relocation and to request help from the Economic Development Authority with relocating and financing. I ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Nelson to adj ourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered the invocation. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a ceremonial Oath of Office to Councilmember Lasman and Councilmember Peppe. . 01/08/01 -1- DRAFT 3. A 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 7:04 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported on the discussions held at Legislature /City Officials meeting that he and Mayor Kragness attended on January 6, 2001. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested that the agenda be amended to include the following language for item 9n, Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2001. Councilmember Peppe requested that item 9o, Staff Report Re: New Cable Franchises include a Resolution Amending the Right -of -Way • Fee Schedule. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the December 4, 2000, Truth in Taxation Budget Hearing, December 11, 2000, Continuation Truth in Taxation Budget Hearing, December 11, 2000, study and regular sessions, and December 21, 2000, special session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 01/08/01 -2- DRAFT I� BOWLING ALLEY Earle Brown Lanes 6440 James Circle COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue, Minneapolis GASOLINE SERVICE STATION B.C. Municipal Garage 6844 Shingle Creek Parkway B.C. Service Center, Inc. 6849 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Hark's Company, Inc. 1505 69' Avenue North Holiday Stationstore 420 66 Avenue North Humboldt Unocal 76 6840 Humboldt Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Transit 6845 Shingle Creek Parkway Speedway SuperAmerica 1901 57' Avenue North Speedway SuperAmerica 6545 West River Road Terry Presler Amoco 6044 Brooklyn Boulevard PUBLIC DANCE Earle Brown Lanes 6440 James Circle • Hilton Hotel 2200 Freeway Boulevard RENTAL Renewal: 1510 69t Ave N George Hanson 131272 nd Ave N Curtis Cady 6915 Brooklyn Blvd Curtis Cady 5630 Bryant Ave N John Bunch 5818 Humboldt Ave N Richard Olson 1543 Humboldt Place Kwi -Ha Wong 1537 Humboldt Place Kwi -Ha Wong 5909 June Ave N Janine Atchison River Glen Apartments Gary & Rita Brummer 5300 -04 Vincent Ave N Patricia Beier Willow Lane Apartments Miller Management Company Initial: 67215" Street N Mathew Bolen Evergreen Park Manor Korey Bannerman 5806 Emerson Ave N Robert Lindahl 4110 Lakebreeze Ave Dudley and Joy Peno • 01/08/01 -3- DRAFT TAXICAB Ahmed Farah 12 East Franklin Ave. S., Minneapolis Harley Fong 1932 Timberwolf Trail, Eagan TOBACCO RELATED PRODUCT American Legion Post 630 4307 7& Avenue North B.C. Municipal #1 5625 Xerxes Avenue North B.C. Municipal #2 1966 5r Avenue North Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69' Avenue North Cub Foods 3245 County Road 10 Earle Brown Lanes 6440 James Circle Hilton Hotel 2200 Freeway Boulevard Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore 420 6e Avenue North Humboldt Texaco 6840 Humboldt Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard SuperAmerica #4058 1901 57 Avenue North SuperAmerica #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Tobacco Boulevard, Inc. 6300 Brooklyn Boulevard Tobacco Castle, Inc. 5625 Xerxes Avenue North Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Value Food 6804 Humboldt Avenue North Walgreens 6390 Brooklyn Boulevard 6c. PERFORMANCE BOND RELEASE FOR WICKES DISTRIBUTION CENTER, 4837 AZELIA AVENUE NORTH A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve a performance bond release for Wickes Distribution Center, 4837 Azelia Avenue North. Motion passed unanimously. 6d. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO. 2001 -01 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER 01/08/01 -4- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Peppe. Motion passed unanimously. 6e. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP RESOLUTION NO. 2001-02 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6f. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 • RESOLUTION NO. 2001-03 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6g. RESOLUTION APPROVING CHANGE ORDERNO.2, ACCEPTING WORK AND AUTHORITING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 99 -B, LIFT STATION NOS. 8 AND 9 REPLACEMENT RESOLUTION NO. 2001-04 Councilmember Lasman introduced the following resolution and moved its adoption: 01/08/01 -5- DRAFT RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK AND . AUTHORITING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 99 -B, LIFT STATION NOS. 8 AND 9 REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6h. RESOLUTION AMENDING THE 2001 ENGINEERING SERVICES BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2000 ENGIENERING SERVICES BUDGET RESOLUTION NO. 2001-05 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2001 ENGINEERING SERVICES BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2000 ENGIENERING SERVICES BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6i. AN ORDINANCE VACATING THE TH 252 SERVICE ROAD FROM 65 TO 66 AVENUE NORTH A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of an ordinance vacating the TH 252 service road from 65' to 66' Avenue North and set second reading and public hearing for February 12, 2001. Motion passed unanimously. 6j. RESOLUTION APPROVING LETTER OF AGREEMENT FOR MODIFICAITON OF THE LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49 RESOLUTION NO. 2001-06 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING LETTER OF AGREEMENT FOR MODIFICAITON OF THE LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49 01/08/01 -6- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember S Peppe. Motion passed unanimously. 6k. RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS AND AMENDING THE 2001 PAY PLAN RESOLUTION NO. 2001-07 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS AND AMENDING THE 2001 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 61. REGULATION OF USE OF CITY PROPERTY A motion by Councilmember Lasman, seconded by Councilmember Peppe to table this item to the February 12, 2001, meeting. Motion passed unanimously. 7. CONSIDERATION OF PRIVATE KENNEL LICENSE FOR CRAIG AND • JEANNE O'BRIEN, 6730 DREW AVENUE NORTH City Manager Michael McCauley discussed that the private kennel license for Craig and Jeanne O'Brien, 6730 Drew Avenue North, will expire on January 10, 2001, and is being considered for renewal for another year to keep three dogs. In checking with the Police Department there had been no complaints regarding the dogs. No one wished to address the Council regarding this private kennel license renewal. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve a private kennel license renewal for one year to expire on January 10, 2002. Motion passed unanimously. 8. PLANNING COMMISION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2000-023 SUBMITTED BY BLUMENTALS /ARCHITECTURE, INC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 1,829 SQ. FT. ADDITION TO THE BUILDINGS AT 5001 DREW AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS DECEMBER 14, 2000, MEETING. . 01/08/01 -7- DRAFT I Mr. McCauley discussed that the Planning Commission reviewed Planning Commission Application No. 2000 -023 for plan approval of a 1,829 square foot addition connecting two existing structures located at 5001 Drew Avenue North and that the Planning Commission recommended approval subject to the following conditions: 1. The building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The entire building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to an central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate , site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved b the City Engineering � g Pp Y t3' g g p 11. The plans shall be modified prior to issuance of building permits to provide a minimum of 50 feet between the accesses on Drew Avenue. I 01/08/01 -8- DRAFT • 12. The landscape plan shall be modified to provide additional shrubs for screening purposes is along the north side of the site, to include planting of lilacs to the west of the existing plants. The landscaping screening, as revised, is deemed to be appropriate screening meeting the intent of the City Ordinance for screening between a service /office use and R -1 zoned property. 13. The owner of the property shall enter into a restrictive covenant, as approved by the City Attorney, limiting the occupancy of the building to that comprehended by available parking. Said covenant shall be filed as a deed restriction with the title to the property at Hennepin County. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2000 -023 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Councilmember Lasman read the resolution expressing recognition and appreciation of Debra • Hilstrom for her dedicated public service as Council Member RESOLUTION NO. 2001-08 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. RESOLUTION CALLING SPECIAL ELECTION TO FILL A COUNCIL VACANCY Mr. McCauley discussed that this resolution would call for a special election to fill a Council vacancy and complies with Section 2.05a of the City Charter and sets the date of May 1, 2001, and April 17, 2001, for the special primary election if necessary. The resolution also sets the dates for filing affidavits of candidacy from 8:00 a.m., Tuesday, February 6, 2001, until 5:00 p.m., Tuesday, February 20, 2001. • 01/08/01 -9- DRAFT RESOLUTION NO. 2001-09 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING SPECIAL ELECTION TO FILL A COUNCIL VACANCY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9c. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested approval of her nomination of Kay Lasman as Mayor Pro Tem, and Bob Peppe as Acting Mayor Pro Tem. A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve Kay Lasman as Mayor Pro Tem and Bob Peppe as Acting Mayor Pro Tem. Motion passed unanimously. 9d. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness read the following names for those who were to be recognized for serving on City Advisory Commissions: Donald Arm, Housing Commission 6/9/97 — 5/16/00 Muhammad Okoya - Lawal, Housing Commission 12/14/98 — 5116100 John Solomon, NW 4HSC Advisory Commission 9/14/98-12/31/00 RESOLUTION NO. 2001 -10 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 01/08/01 -10- DRAFT , 9e. MAYORAL APPOINTMENTS OF COUNCIL LIAISONS TO CITY • COMMISSIONS FOR 2001 1. FINANCIAL COMMISSION 2. HOUSING COMMISSION 3. REGIONAL HUMAN RIGHTS COMMISSION 4. PARK AND RECREATION COMMISSION 5. NW SUBURBS CABLE COMMUNICATIONS COMMISSION Mayor Kragness requested approval of her nominations to the following Commissions: Financial Commission Councilmember Peppe Housing Commission Councilmember Nelson Regional Human Rights Commission Councilmember Lasman Park and Recreation Commission Councilmember Lasman NW Suburbs Cable Communications Commission Councilmember Nelson A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the above listed nominations. Motion passed unanimously. 9f. MAYORAL APPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Kragness requested approval of her nominations to the following City Advisory Commissions: Financial Commission Jerald Blamey 7136 Willow Lane North Mark Nemec 5538 Camden Avenue North Housing Commission Kathleen Carmody 7024 Knox Avenue North Ernie Erickson 6800 Drew Avenue North Martin Frawley 6219 Chowen Avenue North Park and Recreation Commission John Russell 5312 North Lilac Drive Thomas Shinnick 5324 Oliver Avenue North Planning Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 5740 Irving Avenue North Dianne Reem 6225 Chowen Avenue North Tim Willson 7007 Dallas Road • 01/08/01 -11- DRAFT Northwest Suburbs Cable Communications Commission Rex Newman 3107 61' Avenue North A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve the above listed nominations. Motion passed unanimously. 9g. APPOINTMENT OF COUNCIL MEMBER TO SERVE AS CITY REPRESENTATIVE 1. LEAGUE OF MINNESOTA CITIES 2. NORTH METRO MAYORS ASSOCIATION 3. NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 4. ASSOCIATION OF METROPOLITAN MUNICIPALITIES 5. CRIME PREVENTION PROGRAM Mayor Kragness requested approval of her nominations to the following: League of Minnesota Cities Councilmember Peppe North Metro Mayors Association Mayor Kragness Northwest Suburbs Cable Communications Commission Councilmember Nelson Association of Metropolitan Municipalities Councilmember Nelson Crime Prevention Program Councilmember Lasman It was the consensus of the Council to approve the above listed nominations. • 9h. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS There was no discussion on this item. This item is an annual readoption to declare commitment to the Brooklyn Center City Charter, pledging fair treatment of employees, declaring against conflicts of interest and misuse of positions. RESOLUTION NO. 2001 -11 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS 01/08/01 -12- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 91 DONATION TO BROOKLYN CENTER FIRE DEPARTMENT FROM THE FAMILY OF GARY AND MICKIE KOERNER Mr. McCauley discussed that the Brooklyn Center Fire Department received a very generous donation of $21,490 from the family of Gary and Mickie Koerner for a Thermal Imaging Camera and a couple of LifePak AED's or heart start units if there is enough money. A motion by Councilmember Lasman, seconded by Councilmember Nelson to accept the donation. Motion passed unanimously. 9j. RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY, AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5525 MORGAN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, 55430 LEGALLY DESCRIBED AS LOT 5, BLOCK 2, FRANZEN'S 2 ND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA Mr. McCauley discussed this resolution would order the razing and removal of a hazardous building and further for the abatement of public nuisances, safety, and health hazards and other ordinance and statutory violations at 5525 Morgan Avenue North. RESOLUTION NO. 2001-12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY, AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5525 MORGAN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, 55430 LEGALLY DESCRIBED AS LOT 5, BLOCK 2, FRANZEN'S 2 ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. • 01/08/01 -13- DRAFT At this time Mayor Kragness requested the Council return to City Council agenda item 8a, Planning Commission Application No. 2000 -023 Submitted by Blumentals /Architecture, Inc. Request for site and building plan approval for a 1,829 square foot addition to the buildings at 5001 Drew Avenue North. The Planning Commission recommended approval of this application at its December 14, 2000, meeting. This was a request from a citizen that wanted the opportunity to speak regarding the issue. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council regarding her concern with the approval of the resolution for Planning Commission Application No. 2000 -023 and requested that the action of approval for the resolution be postponed until the MPCA has submitted their comments regarding the Highway 100 project. Mr. McCauley advised that the property was zoned for its use and the application was in order. The Council had to act on the application within a limited time by State Law and could not deny an application that was in compliance with the City Code. No action was taken and the Council meeting continued on with agenda item 9k. 9k. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 2000 Mr. McCauley discussed this resolution would appoint Deloitte and Touche to conduct the City audit • for the year ended December 31, 2000. RESOLUTION NO. 2001-13 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 2000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 91. RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF -SALE LIQUOR STORES Mr. McCauley discussed this resolution would oppose the concept of allowing liquor sales from dispensaries other than duly authorized off -sale liquor stores. The Minnesota State Legislature will consider legislation that would allow wine sales in grocery stores and Chief of Police Joel Downer had submitted a memo in opposition that included concerns of control with alcoholic beverages being sold to underage drinkers, shoplifting, and after hours of sales. 01/08/01 -14- DRAFT . Mr. McCauley informed the Council that a request to participate in a lobbying effort would come before the Council at a later date. RESOLUTION NO. 2001-14 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF -SALE LIQUOR STORES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9m. SET DATES FOR 2001 CITY COUNCIL RETREATS Mr. McCauley requested that the Council set January 23, 2001, starting at 2:00 p.m., and August 11, 2001, starting at 8:30 a.m. for the City Council Retreats. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve January 23, 2001, and August 11, 2001, for the City Council Retreats. Motion passed unanimously. . 9n. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2001 Mr. McCauley discussed that this resolution would approve the contract for LELS for all the contract items for 2001 that would provide the following: • General wage increase of 3 percent. • Increase of longevity and educational incentives of between $25 and $30 per month. • Includes the drug task force detective in the increased on -call pay (from $100 per month to $125 per month). • Provides for removal from a personnel file of discipline for one instance of tardiness or missed training or court, if that is the only discipline during an 18 month period following imposition of discipline for missing a training or court date or tardiness. RESOLUTION NO. 2001-15 Councilmember Nelson introduced the following resolution and moved its adoption: • 01/08/01 -15- DRAFT RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH LAW • ENFORCEMENT LABOR SERVICES LOCAL 82 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 90. RESOLUTION AMENDING THE RIGHT -OF -WAY FEE SCHEDULE AND REPORT ON CABLE FRANCHISE REVIEW Mr. McCauley reported on the cable franchise review that was provided in the materials and discussed that the addition of the Resolution to Amend the Right -of -Way Fee Schedule would reflect changes in the Model Ordinance since the ordinance was adopted and also addresses additional concerns that the cable system installations have raised. There will be a first reading of an ordinance amendment on the January 22, 2001, agenda RESOLUTION NO. 2001-16 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE RIGHT OF WAY FEE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 7 :36 p.m. Motion passed unanimously. City Clerk Mayor 01/08/01 -16- DRAFT , i City Council Agenda Item No. 6b *T City of Brooklyn Center A Millennium Community REVISED MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 17, 2001 SUBJECT: Licenses for Council Approval The followin g P p ersons com anies/ have applied for City licenses as noted. Each company /person has pP fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on January 22, 2001. RENTAL Renewal: • 4708 Lakeview Ave N Gary Scherber 3306 Lawrence Road Todd Bleeker 4811 Lakeview Ave N Karen Fobbe TOBACCO RELATED PRODUCT Rainbow Foods 5350 Brooklyn Boulevard 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 6c I BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: January 3, 2001 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle) i On January 3, 2001, the Brooklyn Center Police Department received a Minnesota Lawful Gambling Application for Exempt Permit - LG220 from Anoka County Pheasants Forever. This application is for an event to be held at the Earle Brown Heritage Center on March 10, 2001. This application has been approved and will be returned to the Pheasants Forever representative after City Council review. The Pheasants Forever representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh 0 r Minnesota Lawful Gambling Page 1 of 2 8/00 For Board Use Only LG220 - Application for Exempt Permit Fee $25 Fee Paid Organization Information Check No. Organization name Previous lawful gambling a m IOLL Street C State /Zip Code County 0Ur4_� AIg0- I I I� a Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO C) �-e 1,� 1.. o - Ksi off. � 1 Z (' 3 - Name of trelsurer Daytime phone number of First name Last name treasurer: ne - b s G�_ /- - -.s2- Y,3 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran X Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status jj Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization ® Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where 1 ga lI mbling activity will be conducted (for raffles, list the site where the drawing will take place) Ed v 1 e* . E`rok, Tie Yt a Cet4t r Address (do not use PO box) City } I State Z iip Code County �( 7 3 1,�1t11p�tY� Date(s) of activity (for raffles, indicate the date of the drawing) IM a\( C 2 -(::)O Check the box or boxes that indicate the type + of gambling activity your organization will be conducting: ❑ - Bingo El Raffles Lj *Paddlewheeis [I*Puli -Tabs ❑: T ipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members, staff of the alternative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; on this form (and any attachments) will be information that you provide will be private the Minnesota Department of Public Safety; used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General; the (Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, all of the information that you have Administration, Finance, and Revenue; the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supply the information requested; however, applying for your permit will become public. international gambling regulatory agencies; if you refuse.to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal • refuse to issue you a permit. If you supply private, with the exception of your name law to have access to the information; the information requested, the Board will and your organization's name and address individuals and agencies for which law or be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; 8 1151 , I and anyone with your consent. Application for Exempt Permit - LG220 Page 2 of 2 P Organization Name 07 11 U t< K-i CC LvN4� Pke a - (T re U s/oo Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). n The county denies the application. Tha city denies the application. !!�� Print name of city ,1 ) ( G Print name of county ��" -K4� (Signature of city personnel receiving application) (Signature of county personnel receiving application) C Title l J �' J Title 1T� j �n C Date Date — TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is campllete and accurate to the best of my knowledge. Chief executive officers signature`': - Name (please print) Date E Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota "). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not • Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 + P. Application for Exempt Permit - LG220, Information Sheet 8/00 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewerdays, and awarding less than $50,000 in prizes during a calendar year. Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - Nonprofit Articles OR Under a national organization of Incorporation If your organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a Minnesota Secretary of State subordinate. Not under a national organization Business Services Division If your organization does not fall under a national St. State Office Building organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651 - 296 -2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report • You will receive a financial report form and instructions with your permit. and recordkeeping . Complete and return the financial report form to the Board within 30 days of your date of required activity. • Your organization must keep its gambling records for 3 -1/2 years. • Questions? Call the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651- 639 -4000. Or, check our Web site at www.gcb.state.mn.us. City Council Agenda Item No. 6d • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 2001 WHEREAS, the City Council adopted by motion a policy on special assessment and internal loan interest rates on May 13, 1996; and WHEREAS, the policy on interest rates calls for the rate to set at the rate from the last bond sale plus 2 percent, with the result rounded off to the nearest half percent; and WHEREAS, the City of Brooklyn Center last sold bonds on November 20, 2000, at a net interest cost of 4.9121 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the annual rate of interest to be charged on special assessments and on loans by the Investment Trust Fund to all other City funds be set at 7.0 percent, effective for the year 2001. i 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. 6e Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds, including the safekeeping and disbursement of public moneys; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and the City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That Marquette Bank Brookdale is hereby designated as the depository of the funds of the City of Brooklyn Center. 2. That the following named banks and brokers are hereby designated additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis US Bank, National Association First Trust Bank of St Paul Wells Fargo Bank Minneapolis Firstar Bank of Minnesota Minnesota Municipal Money Market Fund Dain Bosworth Salomon Smith Barney Firstar Bank of Brooklyn Center Twin City Federal Savings & Loan Association The City Treasurer is authorized to deposit City funds in accounts guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged by the depository to the City, and approved by the City. 3. That PNC Merchant Services is hereby designated as the clearinghouse depository for credit card sales of the Liquor Stores. • RESOLUTION NO. 3. That US Bank is hereby designated as the clearinghouse depository for credit card sales of the Earle Brown Heritage Center. 4. That Chase Merchant Services, LLC is hereby designated as the clearinghouse depository for credit card sales of the Recreation Department and Golf Course. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in any of its business with the depositories. All checks drawn upon an account of the City shall bear the actual or facsimile signature of the City Manager and the City Treasurer. 6. That the City Manager is Michael J. McCauley and the Acting City Treasurer/ Deputy City Treasurer is Robert M. Sundberg. 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. 6f . MEMORANDUM DATE: January 16, 2001 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Designating 2001 Planting List of Allowable Boulevard Tree Species As per City Ordinance, Section 20, TREES, the City Council annually adopts a resolution designating allowable boulevard tree species. This list includes a variety of cultivars and some ornamental trees. Section 20 -200, subd. 3 assures that all boulevard trees will be located so as to avoid creating future sight distance problems. Staff recommends adding the Summit and Marshall Ash and Greenspire and Redmond Linden to the species list. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DESIGNATING 2001 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following trees are hereby designated as allowable boulevard tree species for 2001: Ash (Autumn Purple, Patmore, Linden (American) & cultivars Summit & Marshall) Linden (Littleleaf) & cultivars Crabapple (Flowering) &cultivars Linden (Greenspire) &cultivars • Ginko Linden (Redmond) & cultivars Hackberry Maple (Norway) & cultivars Honeylocust (Imperial, Shademaster, Skyline, Maple (Red) & cultivars Thornless) Maple (Sugar) & cultivars Oak (Pin) Oak (White or Bur) Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 6g • • MEMORANDUM DATE: January 16, 2001 TO: Michael J. McCauley, City Manager kk FROM: Michael Krech Public Works S p ecialist � SUBJECT: Resolution Authorizing the Execution of An Agreement With Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base The Agreement Brooklyn Center utilizes Hennepin County's electronic base map for all mapping. A base map generally consists of property lines, right of way lines, PID's, and other miscellaneous geographic information. City staff then overlay data such as street names, parks, utility locations, and thematic data such as property value, zoning, etc, to create specialized maps. Essentially, the agreement stipulates that the Electronic Proprietary Geographical Digitized Data Base (EPDB) is defined under the Data Practices Act as trade secret or confidential information and is subject to copyright protection. Also, the City may not directly furnish the City's base • map in electronic form to any other party unless that party also executes a license agreement. The City's consultants, who typically obtain base map data from staff or from LOGIS, would still be able to acquire the base map, but would also be required to execute a license agreement with Hennepin County. Hennepin County will be directly entering into a license agreement with consultants that work with Brooklyn Center if they have any part of the EPDB. The Renewal This agreement is a renewal of the agreement made last year with Hennepin County. This agreement will expire December 31, 2001; at which time another renewal will be required. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE WHEREAS, the City desires to continue to have access to and use the County's Electronic Proprietary Geographical Digitized Data Base for automated mapping; and WHEREAS, Hennepin County has prepared a Conditional Use License Agreement detailing the terms of usage for the period commencing the date of execution of said agreement and terminating December 31, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to execute the • Conditional Use Agreement with Hennepin County regarding use of the County's Electronic Proprietary Geographical Digitized Data Base. 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. 7a MEMO To: Michael J. McCauley, City Manager - From: Ronald A. Warren, Planning and Zoning Sp ialist Subject: City Council Consideration Item - Planning Commission Application No. 2001- 001 Date: January 17, 2001 On the January 22, 2001 City Council Agenda is Planning Commission Application No. 2001- 001 submitted by Linda H. Thibodeaux, Kids Dominion Preschool, requesting a Special Use Permit Amendment to increase the number of children served at this child care facility located in the Jehovah - Jireh Church of God in Christ, 6120 Xerxes Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -001 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. • This matter was consider P their January 11 2001 meeting and considered by the Planning Commission at th ary g was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. • Application Filed on 12 -27 -00 City Council Action Should Be Taken By 2 -25 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -001 Applicant: Kids Dominium Preschool Location: 6120 Xerxes Avenue North Request: Special Use Permit Amendment The applicant, Linda H. Thibodeaux, on behalf of the Kids Dominion Preschool, is seeking an amendment to the Special Use Permit granted to operate a child care /day care facility at the Jehovah Jireh Church of God in Christ, 6120 Xerxes Avenue North. The purpose of the amendment is to increase the number of children served from the 29 currently authorized to 42. The property in question is zoned R -1 (Single Family Residence) and is bounded on the north by Brooklyn Drive with single family homes on the opposite side of the street; on the east by city owned park and open space property; on the south by the Brookdale Christian Center Assembly of God Church; and on the west by Xerxes Avenue with single family homes on the opposite side of that street. Churches and accompanying uses such as childcare or daycare are considered special uses in the R -1 zoning district. The City Council on November 24, 1997, approved Planning Commission Application No. 97- 014, which was a request to operate a child care /day care facility at the church. Condition No. 1 of that approval states "the special use permit is issued for a child care /day care facility serving up to 29 children in a preschool and after school program. Any expansion or alteration of these operations will require an amendment to this special use permit." The proposed increase in the number of children served, thus, requires the special use permit amendment. Ms. Thibodeaux, Director of the Kids Dominion Preschool, has submitted written information regarding the expanded program and a plan showing the locations in the building where the program will operate. The increased number of children served will allow the program to accommodate seven toddlers, 20 preschoolers and 15 school aged children in an after school program. The hours of operation are between 5:30 a.m. and 6:30 p.m., Monday through Friday. The facility is licensed by the Minnesota Department of Human Services and is subject to provisions of Minnesota Statutes as well as various rules and regulations relating to such facilities. The use of the building for childcare purposes also requires an inspection by the City's Building Official and compliance with code related items. The Building Official has recently reviewed the building and is requiring a fire alarm system be installed. The proposed special use permit amendment is subject to the standards for special use permit contained in Section 35 -220 of the City's zoning ordinance (attached). These standards require that the proposed special use promote and - enhance the general public welfare and not be . 1 -11 -01 Page 1 detrimental to, or endanger, the health and safety of the public; not be injurious to the use and • enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district of which it is located. We find no conflict between the applicant's expanded proposal and these standards, provided there is compliance with the Building Official's directives regarding the property. A public hearing has been scheduled for this application and notices have been sent. RECOMMENDATION This application appears to be in order. and approval is recommended subject to at least the following conditions: 1. The amended special use permit is issued to allow a child care /day care facility serving up to 42 children in a preschool and after school program. Any expansion or alteration of this operation will require an amendment to the special use permit. 2. The child care /day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The premises will be brought into compliance with applicable state and local regulations relating to fire safety, health and building code standards for this operation as determined by the Building Official and Fire Chief. 4. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. • 1 -11 -01 Page 2 III ��i via Ion lion MEW - . y IN • T . = _ -- M- - 1 -- - _- M - MAO IN ME ME L Nm � �► � � 111 1� � .... . y 1 X e rx ooking from h GY`'� �' Q %GN %.V Sta1n Gl a ss Window Ax 0 'Q Lic r 50 Corses High Red Brick Sloping O, chNI cal(e., er't�ca�n�e. / to 33 Corses center e. oV tb \M Of 6.1 8T 8M �j CI AUM A r 611 nu . Brooklyn Center, Minnesota, p 2• 2• rlseing to 45 corset all three sides p� . Windows each side o d �f doors 1 1 1 Front - Stu 1back 1 1 1 1, 1111 �y LL/__L �III1�11 1 door g openning 3 6 * other vroauwc 86 3' 46 4• \\ ` Brick M i \\ Brick r Windows - / � astor•s �"""' "" "'""' Hall Class Rooms N 32' BlockStudy Ith Rooms na Roo.n n , 32' Block � s �Y c s�nba� G�asS �'Qx' S�4wd` . Boller Room � oorrS / G Opt e. t / Wpdow � 80 8 31' 4• 40 10• 00 Wlndows Block Block Block r 2. Standards for Suecial Use Permits A special use permit may be granted by the City Council after demonstration .by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will *not be detrimental to or endanger the public health, safety, morals or comfort. • b. The special use will not be injurious to the use and enjoyment of other properly in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. - In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of .twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. • 35 -8 . City Ordinance City of Brooklyn Center 5. Revocation and Extension of Special Use Pernii#a When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional ,fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use-permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment. • KIDS DOMINION CHILD CARE PROGRAM PLAN • 6120 Xerxes Ave. Brooklyn Center M.N. 55430 Jehovah Jireh Church Building Admission Kids Dominion Preschool is open to all children regardless to race, church affiliations or creed. Children in Kids Dominion Programs are supervised at all time by an adult with teacher or asst. teacher qualifications. - Our objectives with regard to special needs children will be to ensure that we have the capabilities to completely serve their needs if enrolled. Each special needs child will be individually assessed prior to admission with input from parents, physicians any previous teachers. If we are unable to fully serve a child, we reserve the right to deny admission. Enrollment Kids Dominion Preschool serves boys and girls from 16 month through 12 years of age in our Brooklyn er Program. Our license capacity is no more than 42 children at any given time. Brooklyn s open to serve 7 toddlers, 20 preschoolers and 15 school -age children. Kids Dominion Maple Plain program serves boys and girls from the ages of 0 to 12 year old. Maple Plain's license capacity is no more than 42 children in session at any given time. We are currently open to service 4 infants, 12 toddlers, 20 preschoolers, and 6school -age children. Parents considering enrolling a child should arrange for a school visit. You will be given a copy of the school handbook to read and there will be an opportunity to look over the facility and to observe the program. During the visit, parents may review the Program Plan. The contract application form, emergency card, birth certificate, together with a completed and signed immunization record summary are to be returned to the program prior to your child's first day of school. Any changes needed on these forms must be noted as soon as changes occur. When Kids Dominion Preschool accepts your enrollment forms, with your registration fee, we can place your child into a classroom (as space permits). The registration fee is used to process your paperwork and provide a handbook and information needed; this fee is non refundable. Registration is on first come, basis and an waiting list will be maintained. Beginning a New Program We hope to make these beginning days as relaxed and comfortable as possible for your child. The first few weeks can be for some children a period of adjustment. Your child's teacher will do their best to make your child feel welcome and to help them adjust to the program. If this were your child's first group experience, it would be wise to postpone participation in a car pool • for a few days. Some children seem to be well acquainted and happy in school for a week or two and suddenly . become reluctant to come. This happens occasionally and does not necessarily mean anything is vitally wrong. More likely, it means that s/he is not sure that the fun of school is worth the temporary separation from parents. You can help by reassuring at home. Children may not bring friends to visit during school hours. Arrival/Departure The person bringing your child to school must accompany the child into the classroom each scheduled session and leave the child in the care of their teacher. School hours are 5:30 a.m. to 6:30 p.m Brooklyn Center, and 5:30 am. to 8:30 p.m Maple Plain. Children should not arrive before 5:30 a.m. of the day of school or 6:30 p.m. for night care. Teachers will be planning for the day's program and may not be in their rooms. Kindly pick up your child promptly at 6:30 p.m. or at the end of contracted 10 hours of care. The person picking up your child from the program must report to your child's teacher. The program will not release your child to a person other than the people authorized on the registration form to pick up your child If your child is to go home other than the usual way, we must have a note or call from the parent or guardian. We ask that parents notify the program if your child will not be in attendance. The Kids Dominion Preschool office will be open for you to stop in for information during • childcare hours. Registration Prior to any child's attendance at our center, a visit with the parent and child is required to acquaint each new family with the environment, staff, and schedule for childcare. During this visit, the parent will have a personal interview with the Director, or Head Teacher of ChildCare and an opportunity to review the "Parent Handbook" and other written materials maintained at the childcare. Prior to the child's first day of attendance, you must submit the registration fee, one week tuition (if paying cash), registration form, birth certificate, a child/family personal history, child care release form, health care summary, immunization form, and an emergency and authorization card. The center must be informed whenever there is a change of home or work phone number, address, medical information, persons authorized to pick up your child, or child attendance schedule. We are required by the State to maintain certain emergency and health information on file. Other information requested by us is desirable in order for our program to best serve your child. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 11, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners John Whitehead, Sean Rahn, Rex Newman, Graydon Boeck, and Stephen Erdmann. Commissioner Dianne Reem was absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES - DECEMBER 14, 2000 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the December 14, 2000 meeting as submitted. The motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to adjourn the 2000 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:31 p.m. • ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to: Tim Willson, Graydon Boeck, and Sean Rahn. CALL TO ORDER: 2001 PLANNING COMMISSION The 2001 Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL 2001 PLANNING COMMISSION Chair Tim Willson, Commissioners John Whitehead, Sean Rahn, Rex Newman, Graydon Boeck, and Stephen Erdmann. Commissioner Dianne Reem was absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. ELECTION OF 2001 CHAIR Chair Willson opened the floor for nominations. Commissioner Boeck nominated Commissioner Tim Willson as Chair of the 2001 Planning Commission. • 01 -11 -01 Page 1 Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. • There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the nominations for Chair of the 2001 Planning Commission. The motion passed unanimously. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to elect Commissioner Willson to the position of Chair of the 2001 Planning Commission. The motion passed unanimously. ELECTION OF 2001 CHAIR PRO TEM Chair Willson opened the floor for nominations. Commissioner Newman nominated Commissioner Boeck as Chair Pro Tem of the 2001 Planning Commission. Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the nominations for Chair Pro Tem of the 2001 Planning Commission. The motion passed unanimously. There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to elect Commissioner Boeck to the position of Chair Pro Tem of the 2001 Planning Commissioner. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2001 -001 B (KIDS DOMINIUM PRESCHOOL) Chair Willson introduced Application No. 2001 -001, a request from Kids Dominium Preschool to seek amendment to the Special Use Permit granted to operate a child care /day care facility at the Jehovah Jireh Church of God in Christ, 6120 Xerxes Avenue North. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 1 /11 /01 for Application No. 2001 -001 attached.) The proposed amendment is to increase the number of children served from the 29 currently authorized to 42. The property in question is zoned R -1 (Single Family Residence) and is bounded on the north by Brooklyn Drive with single family homes on the opposite side of the street; on the east by city owned park and open space property; is 01 -11 -01 Page 2 on the south by the Brookdale Christian Center Assembly of God Church; and on the west by Xerxes Avenue with single family homes on the opposite side of that street. Churches and accompanying uses such as child care or day care are considered special uses in the R -1 zoning . district. Staff recommends approval subject to four conditions. Commissioner Newman asked if the only change is the number of children allowed. Mr. Warren responded that is correct, other than the changes that the building official recommended. Commissioner Erdmann noted the building official recently made an inspection. He asked if there would be another inspection that focused on the suitability of the premises for that number of children. Mr. Warren responded this inspection originated because of the request to increase the number of children. Commissioner Boeck noted the hours of operation are from 5:30 a.m. to 6:30 p.m. and asked if this was a change. Mr. Warren responded the original start time was 6:30 a.m., but the closing time has remained the same. Commissioner Boeck asked if the 6:30 a.m. time was to accommodate working mothers and fathers so can get to their jobs. Mr. Warren responded in the affirmative. He stated the same would have been true earlier, they need to have staff there when the kids are dropped off. He noted he does not know if all the children are there from 5:30 a.m. until 6:30 p.m. He added there is an after school program. Commissioner Boeck asked if there would be any conflict with the church parking. Mr. Warren • responded the church has services on Sundays and some evening services from time to time. He stated there should not be any conflict with the parking. He indicated the drop off area on the plan. Commissioner Boeck asked if the employees have a minimal use of parking during the day. Mr. Warren responded that he is not sure how many employees there are. He stated the Minnesota Department of Human Services determines the number of staff people needed for the number of children in the various programs. PUBLIC HEARING —APPLICATION 2001 -001 There was a motion by Commissioner Rahn, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2001 -001, at 7:48 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Ms. Linda Thibodeaux, 6120 Xerxes Avenue North, Director of the Kids Dominion Preschool, stated she is available for any questions from the Planning Commission. Commissioner Boeck asked about the number of employees. Ms. Thibodeaux responded there are a total of five employees including her. • 01 -11 -01 Page 3 Commissioner Boeck asked if the same number of employees work all year round. Ms. Thibodeaux responded in the affirmative. • Commissioner Newman asked why the request to increase the number from 29 to 42. Ms. Thibodeaux responded the number is based on the amount of space and number of students the licensing standards would allow. She stated the Jehovah Jireh program never was increased to 29 students. Mr. Jim Swenson, 6000 Washburn Avenue North, stated he is a neighbor and came to be educated. He asked for the ages of the children. Ms. Thibodeaux responded the children range in age from 16 months to 13 years old. Mr. Swenson asked how it is financed. Chair Willson responded the program is fee based. Mr. Swenson asked if it is open to Church members only. Chair Willson responded it is open to people of all races, religions, etc. Mr. Swenson asked about the screening for the employees and if they are licensed by the state. Chair Willson responded the program is licensed by the State of Minnesota and employees must meet standards established by the State. Ms. Thibodeaux added there are background checks as well as state licensing requirements. Mr. Swenson asked if there are previous problems. Mr. Warren responded he is not aware of any problems. Commissioner Boeck asked why there are 12- year -old children here and not in school. Ms. Thibodeaux responded it is a program before and after school. She stated the children come in the morning and then go to school. She noted the school buses pick them up and bring them back to her program. She added the parents pick them up from the center. Mr. Swenson asked if there are any school age children there during the day. Ms. Thibodeaux responded the school age children are only there on release days or holidays. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application 2001 -001, at 7:55 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. • 01 -11 -01 Page 4 ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001-001 (KIDS DOMINION PRESCHOOL) There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 2001 -001, submitted by Kids Dominium Preschool for amendment to the Special Use Permit granted to operate a child care /day care facility at the Jehovah Jireh Church of God in Christ, 6120 Xerxes Avenue North, subject to the following conditions: 1. The amended special use permit is issued to allow a child care /day care facility serving up to 42 children in a preschool and after school program. Any expansion or alteration of this operation will require an amendment to the special use permit. 2. The child care /day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The premises will be brought into compliance with applicable state and local regulations relating to fire safety, health and building code standards for this operation as determined by the Building Official and Fire Chief. 4. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Whitehead. The motion passed. The Council will consider the recommendation at its January 22, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Chair Willson stated the Planning Commission has been asked by the Year 2000 Celebration Committee to put something in a time capsule to be sealed on February 10, 2001. He noted they have recommended an organizational brochure and a roster. He added he thought a membership roster on parchment paper might be a good idea. He stated the last capsule was prepared in 1976 and opened in 2000. Commissioner Rahn stated a zoning map would be slim. Mr. Warren stated he would look to see if there are any other artifacts for planning and zoning. Chair Willson stated they are asking each organization to have a representative there when it is sealed. • 01 -11 -01 Page 5 Commissioner Rahn stated all are welcome, but he would be there anyway. • Chair Willson noted Commissioner Rahn is on the committee. Chair Willson stated the Commission would have another meeting on Wednesday to discuss this. Commissioner Boeck stated photographs of developments over the last 5 to 10 years would be a good idea. He noted it is always good to see how it used to be. He added pictures of some areas of Brooklyn Boulevard might be a good idea. He stated the Dayton's Development and the theater are also suggestions. Mr. Warren stated the city might have some aerial photography that could be put in the capsule. Chair Willson directed staff to work on these possibilities. Chair Willson stated they wanted something to them by January 26, 2001. He noted the Commission's next meeting is the 24". He asked Mr. Warren to give them a call and let them know the schedule and the Commission's thoughts so far. Mr. Warren stated he would try to coordinate with other staff as to what other Commissions are doing. He noted he would try to get a report by the meeting on the 24 as to what is available. He added a reminder the meeting is on Wednesday, January 24, 2001, at 7:30 p.m. • There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:03 p.m. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. 01-11-01 - Page 6 City Council Agenda Item No. 8a Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JERRY OLSON WHEREAS, Jerry Olson has been an employee of the City of Brooklyn Center in the Liquor Enterprise Fund from May 14, 1975, to February 2, 2001; and WHEREAS, Jerry Olson has served in the capacity of Liquor Stores Clerk, Supervisor of Retail, and was appointed Liquor Operations Manager on June 26, 1984; and WHEREAS, Jerry Olson has faithfully served the residents of the City of Brooklyn Center by providing outstanding leadership and entrepreneurial services in operating the Liquor Stores Enterprise for the City of Brooklyn Center and its residents; and WHEREAS, Jerry Olson has exhibited a dedication to his work that has included countless weekend and holiday work hours and a personal commitment to maintaining excellence in the staffing and training of numerous employees; and WHEREAS, over the last two years, he successfully managed a temporary location and made it profitable, opened a store twice the size of any other, and implemented a City Council directive to close a liquor store located in a residential area; and WHEREAS, in spite of these challenges, the Liquor Enterprise provided an average of over $144,000 per year in operating income during the last two years, and under Jerry Olson's leadership, $2.3 Million of overall operating income has been realized during his tenure as Liquor Operations Manager; and WHEREAS, his dedicated public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the dedicated public service of Jerry Olson is hereby recognized and appreciated by the City of Brooklyn Center. 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. 8b Office of the City Manager OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness and Council Members Lasman, Nelso Peppe FROM: Michael J. McCauley, City Manager DATE: January 17, 2001 SUBJECT: Amend Meeting Time for March 5 and April 16 The City Council adopted a meeting schedule for 2001. The work session with the Commission Chairpersons is scheduled for March 5`" at 6:00 p.m. and the Commission Recognition is scheduled for April 16`" at 6:00 p.m. It is sometimes difficult for attendees to meet at 6:00 p.m. due to their work schedules. It is recommended that the Council consider amending the time of these meetings to 6:30, 6:45 or 7:00 p.m. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 8c • January 18, 2001 MEMO TO: Michael J. McCauley, City Manager FRO . `bane A. Chambers, Assistant City Manager SUBJECT: City Contribution to Minnesota Municipal Beverage Association Public Relations Effort Regarding Wine Sales in Grocery Stores As you are aware, the Minnesota Grocers Association is actively promoting a plan to introduce legislation to allow wine to be sold in grocery stores in the seven county metro area (Anoka, Washington, Hennepin, Ramsey, Carver, Scott & Dakota). This legislation is to be introduced in the 2001 Legislative session, and has the backing of many interests. The Minnesota Municipal Beverage Association, of which Brooklyn Center is a part, has requested contributions from its members to wage a public relations effort to counter this . proposal. Based upon our liquor sales, the Association has requested a contribution of $5,000 from the City of Brooklyn Center. Passage of legislation to allow wine sales in grocery stores would present challenges for both the City's liquor store operations and policing efforts. We would anticipate not only a reduction in sales at the liquor stores, but also additional demands upon our police force, including additional compliance check costs and service calls related to underage drinking and access to liquor products. Because of these concerns, it is recommended that the City of Brooklyn Center participate in the efforts to inform legislators and the public about concerns related to the sale of wine in grocery stores. A contribution of $2,000 is recommended instead of the $5,000 requested. The liquor enterprise is still in the process of establishing revenues after reducing the number of store sites and opening a new store, and this is an un- budgeted item for 2001. • City Council Agenda Item No. Sd MEMORANDUM DATE: January 22, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Request from City of Robbinsdale for TH 100 Cost Participation We have received the attached request from the City of Robbinsdale for cost participation in additional engineering studies required to obtain Mn/DOT approval of Robbinsdale's Frontage Road Option for Indiana Avenue neighborhood access. The request is for cost participation in the $16,500 contract for additional services to obtain environmental approvals. As you may remember, the City Council was amenable to participating in the cost of the original TKDA study of options to assure that all the options were completely reviewed for feasibility. TKDA completed additional pre - design work and concluded that the Frontage Road Option could be built at a cost within a few hundred thousand dollars of Mn/DOT's preferred option, provided certain environmental issues could be resolved. The result of that initial study was that Mn/DOT was willing to construct the Frontage Road Option if Robbinsdale 1) obtained necessary environmental approvals; and 2) paid any costs above the estimated cost of the preferred option. • Since that time Robbinsdale has begun the process of obtaining environmental approvals. The proposal from TKDA includes the following services: topographic survey of Humphrey Park, calculating floodplain mitigation, exploring options for wetland mitigation, attempting to obtain concept approval from permitting agencies, and preparing an Amendment to the EIS Record of Decision. Much of this work is required because Robbinsdale wishes to avoid acquiring some homes in the vicinity of the France Avenue marsh for floodplain and wetland mitigation. Robbinsdale is looking for other locations within its city limits or nearby where it could propose alternate mitigation areas. It is staff s opinion that the new work being completed by TKDA is not related to the determination of feasibility of the Frontage Road Option that the Council agreed to participate in financially. Mn/DOT has already reviewed that work and accepted it. The new work is related to internal Robbinsdale issues regarding their preference for the location of wetland and floodplain mitigation areas. Since this work is internal to Robbinsdale, it is staff's recommendation that the City Council should NOT participate financially in this work. On the design side, soil borings taken in the location of the proposed frontage road indicate that soil conditions there are much worse than TKDA assumed. It is likely that a frontage road design would have to be built at least partially on structure (bridge), raising the cost dramatically. Mn/DOT now estimates that the cost of the frontage road option could be $2 -3 million more than the preferred option, rather than the few hundred thousand initially estimated. Robbinsdale has indicated that it is not willing to pay this additional cost, and Mn/DOT upper management has informed Robbinsdale . there are no additional funds to dedicate to this project; they are at an impasse. City of Robbinsdale 4100 Lakeview Avenue North Robbinsdale, Minnesota 55422 -1898 Phone: (763) 537 -4534 Fax: (763) 537 -7344 www.robbinsdalemn.com January 3, 2001 Diane Spector, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: TH 100 SEGMENT 4 ENVIRONMENTAL APPROVAL Dear Diane: MN/DOT has requested that the City of Robbinsdale do some additional work to obtain environmental approvals for the TH 100 Segment 4 Frontage Road. The City of Robbinsdale has retained the engineering firm of TKDA to assist the City in this endeavor. I have enclosed a copy of the proposal for your information showing the tasks that TKDA will be performing. The City will be completing the survey work in house. The total contract with TKDA is for an • amount not -to- exceed $16,500. When the Robbinsdale City Council discussed this contract they asked whether the City of Brooklyn Center would assist with the cost of this work as you had with the work previously completed by TKDA. It was the Council's feeling that the frontage road benefited both communities at is avoids other options that are less desirable such as the Indiana Avenue overpass. At the City Council's request I am forwarding this request for assistance to you for your consideration. If you have any questions, please contact me at (763) 531 -1262. Sincerely,- _ David M. Nummer City Engineer cc: Robbinsdale City Council Dennis Kraft, City Manager • F:\ GROUPS \ENG\ENG\PROIECTS\1999projkTH 10ftetterASpector.doc JAN -02 -2001 11:52 651 292 0083 P.02i06 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED JKDA NEERS • ARCHITECTS PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101.2140 PHONE: 651/292.4400 FAX: 65`1492-0M January 2, 2001 Mr. David M. Nummer, P.E. City Engineer City of Robbinsdale 4100 Lakeview Avenue North Robbinsdale, Minnesota 55430 Re: Proposal for Environmental Services TH 100, Segment 4 Dear Mr. Nummer: Pursuant to communications with you, we propose to provide engineering services to the City of Robbinsdale in connection with Mn/DOT's preliminary design of TH 100, Segment 4, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Architect- Engineer Agreement" dated October 1993. Hereinafter, the City of Robbinsdale is referred to as the OWNER. I. PROJECT DESCRIPTION Mn/DOT has prepared preliminary designs and layouts for improvements to-TH 100 in the vicinity of Indiana Avenue. These designs and layouts are a part of Mn/DOT's TH 100, Segment 4, improvement Project. The proposed TH 100 improvements affect access to a Robbinsdale neighborhood near Lilac Drive and 46th Avenue North. One option to provide access to this neighborhood is a frontage road that lies adjacent to the northbound off -ramp to France Avenue North. This option is preferred by the City. Mn/DOT has requested that the City perform certain environmental studies and agency coordination to ensure that the agencies will issue permits in the future when the final plans for • the Project are nearly complete. An Equal Opportunity Employer JAN -02 -2001 11:52 651 292 0093 P.03i09 Mr. David M. Nummer, P.E. • City of Robbinsdale Environmental Services, TH 100, Segment 4 January 2, 2001 Page 2 II. SERVICES TO. BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services relating to the frontage road option: A. Perform a topographic survey of Humphrey Park. (The fee associated with this task is shown separately in the event that the City performs the survey.) B. Contact the Minnesota Department of Natural Resources (Mn/DNR), U.S. Army Corps of Engineers (COE), Board of Water and Soil Resources (BWSR), Shingle Creek WMO, and Minnesota Pollution Control Agency (MPCA) to discuss agency req uirements for concept approval. C. Determine potential floodplain mitigation sites and volumes, including regrading of Humphrey Park. D. Determine potential wetland mitigation areas. Investigate with the agencies whether the enhancement of the existing wetland near Twin Lakes and/or banking can be utilized for wetland mitigation. E. Prepare exhibits and request concept approval of the frontage road option and associated floodplain and wetland mitigation from the agencies listed under SECTION H.B above. F. Prepare Amendment to Record of Decision. G. Estimate changes to water levels for storm events below the 100 -year storm. H. Review and comment upon Mn/DOT'. s design and associated cost estimates for the bridge and frontage road options. I. Meet with the agencies and the OWNER, as required. J. Attend one progress meeting with the OWNER and Mn/DOT. JAN -02 -2001 11:53 651 292 0083 P.04/08 " Mr. David M. Nummer, P.E. • City of Robbinsdale Environmental Services, TH 100, Segment 4 January 2, 2001 Page 3 III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Wetland delineation services. B. Geotechnical investigation services. IV. OWNER'S RESPONSIBILITIES, The OWNER'S responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. C. Provide prompt response to questions or requests by TKDA. D. Arrange for the following services to be provided by Mn/DOT: 1. Furnish survey control points. 2. Furnish agency contacts. 3. Furnish electronic base mapping showing the bridge and frontage road options, including construction limits. • 4. Fumish area of wetland impact and volume of floodplain impact. JAN -02 -2001 11:53 651 292 0083 P.05i08 Mr. David M. Nummer, P.E. City of Robbinsdale Environmental Services, TH 100, Segment 4 January 2, 2001 Page 4 5. Furnish cost estimates for the bridge and frontage road options. 6. Submit Record of Decision to Minnesota_ Environmental Quality Board and receive approvals. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II services within three months. This will be dependent on receipt of information from both the OWNER and Mn/DOT. VI, COMPENSATION • Compensation to TKDA for services provided as described in SECTION II of this Proposal, with the exception of Field Surveys, shall be on a Lump Sum basis as described in Article 3 of the attached General Provisions in the amount of $16,500. If requested by the OWNER, Field Surveys will be performed for an additional $2,000. VII. CONTRACTUAL INTENT, We thank you for the opportunity to submit this Proposal and -are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Robbinsdale and the return of a signed copy to us. JAN -02 -2001 11:53 651 292 0083 P.06i08 Mr. David M. Nummer, P.E. City of Robbinsdale • Environmental Services, TH 100, Segment 4 January 2, 2001 Page 5 This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, Robert A. Boyer, P.E. Senior Vice President 7,0] A, Timothy A. Chalupnik, P.E. • Project Manager ACCEPTED FOR THE CITY OF ROBBINSDALE By Title Date RAB:TAC:adh ATTACHMENT: GENERAL PROVISIONS City Council Agenda Item No. 8e • MEMORANDUM DATE: January 22, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Staff Report Regarding Centerbrook Golf Course Water Tower When the Centerbrook Golf Course was initially constructed, it did not have adequate storage space for its maintenance equipment, golf carts, etc. Storage space in the base of water tower #3 was used temporarily until the golf course was making a profit and could afford to build a storage building. At the time the course was constructed, this was estimated to be after about five years. Fifteen years later, the golf course is still using the water tower base for "temporary" storage. This storage space is not adequate to house all the course's equipment; some df the equipment is stored at the Central Garage and transported when it needs to be used, and other equipment is stored outside where it is prone to vandalism. Exacerbating this lack of storage is the recent rental of space on the tower to Sprint for cellular antennas. This lease includes a 20' x 40' space • in the tower base for its transmission equipment. Sprint agreed to pay the City a one -time fee of $10,000 for displacing storage space. Given this fee and the annual rental that the tower will be generating (starting at $18,000 per year and increasing thereafter by inflation or 5 percent), I have discussed with Jim Glasoe, CARS Director, the possibility of using this revenue stream as a means to help finance the construction of a storage facility. After much discussion with utility, golf course, and engineering staff, we have developed a plan which we believe not only provides adequate storage for the golf course equipment, but it corrects other utility deficiencies at the clubhouse and improves the safety of handling chemicals. We propose to build an 80' x 44' storage building in approximately the location of the Lions Park tennis courts, just to the east of the putting green. The trail and fence would be relocated to the east of the new building. The building would house all the golf course maintenance equipment and golf carts. A hazardous storage room would be included to properly store liquid chemicals (granular chemicals would continue to be stored at the west garage.) The sanitary sewer grinder station now located at the clubhouse would be relocated to the storage building, eliminating a source of noise and odor at the clubhouse. We may be able to salvage one of the tennis courts, depending on the final location of the building, or we may displace both of the courts. We have had preliminary discussions with the Park and Recreation commission, and they favor elimination of the tennis courts altogether. • Those courts are rarely used. If the final design should require eliminating both courts, we would survey the adjacent neighborhood to get their response to this elimination. Attached to this report are some general schematics of such a building. The type of building proposed is a pre - engineered building such as a "Lester" building. These can be had with a variety of exterior finishes, to blend in aesthetically with the adjacent clubhouse and park shelter. At this time we estimate the cost of constructing the building, relocating the sanitary sewer grinder station, and relocating the fence and trail to be about $160,000. We would propose that this be paid for through a combination of Golf Course and Water and Sanitary Sewer Utility funds. The Water Utility contribution would represent the dedication of current and future revenue from the rental of tower #3. A resolution establishing a project to complete this construction is included for Council consideration. If authorized, staff would return to the Park and Recreation Commission and the Council in 4 -6 weeks with more detailed plans and a final cost estimate and funding plan. • i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2001 -14, CONSTRUCTION OF A STORAGE BUILDING FOR CENTERBROOK GOLF COURSE WHEREAS, the long -term Centerbrook Golf Course Plan included provisions for the construction of a storage building to replace the temporary use of the base of Water Tower #3 for equipment storage; and WHEREAS, the City Council at this time wishes to consider the feasibility of construction of a storage facility for Centerbrook Golf Course. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 2001 -14, Construction of a Storage Building for Centerbrook Golf Course, is hereby established. 2. The City Engineer is hereby authorized and directed to prepare a feasibility report regarding the construction of said storage building for further Council Consideration. Date Mayor ATTEST: City Clerk The motion for the adoption f resolution was duly seconded b member p o o the foregoing resolut o y 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. Chemical 12X 11 12 x 11 Overhead Overhead Restro om L 7 12x11 Overhead Office ------- ------------ -------------------------------- • F i <a • '_ l D D i �� • n s+ _ i City Council Agenda Item No. 8f • MEMORANDUM DATE: January 17, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer - SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2001 -01, 02, and 03, Garden City North Street, Storm Drainage, and Utility Improvements A feasibility report and preliminary design have been completed for the above referenced project. The project was previously established by the City Council on July 24, of 2000, and two informational meetings have been conducted with residents and property owners since then. The attached feasibility report provides a detailed breakdown of specific proposed project work items and costs. The total project cost at this time is estimated to be $4,377,049. Funding sources for the project are proposed from a variety of sources as anticipated in the 2001 budget and CIP, and as described in the feasibility report. The 2001 budget provides $3,318,607 for the City's share of street improvement projects. The preliminary estimate of the City's share of the costs for this project is $3,320,035. The preliminary estimate includes a 10% contingency. We believe the budgeted funds will be adequate to cover the costs of the project. Staff have conducted two informational meetings, and have twice sent mailings to all property owners in the area with surveys requesting input from residents on the project and various issues. A summary of the survey responses is attached. The informational meetings were generally positive in nature with the majority of questions and concerns relating to specific construction related issues. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project for February 26, 2001. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S IBILITY REPORT AND CALLING FOR O N A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities in the Garden City North Area as described in said report, and; WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, costs have been estimated for these proposed street, utility, and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of the street improvements against all properties within the project area: and a portion of the storm sewer improvements within designated sections of the project area; and WHEREAS, the cost to be assessed to the properties is estimated to be: • STREET IMPROVEMENT STORM SEWER IMPROVEMENT 2001 -01 2001 -02 $785,369.54 $271,644.77 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A public hearing shall be held on the 26h day of February, 2001, in the City Hall Council Chambers at 7:00 P.M., or as soon thereafter as the matter may be heard to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total improvement costs. • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3[ City of Brooklyn Center A great place to start. A great place to stay. • 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING. 569 -3340 FAX. 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR • GARDEN CITY NORTH NEIGHBORHOOD IMPROVEMENT PROJECT NOS. 2001 -01, 02 &03 JANUARY, 2001 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota� Reg. No. 23095 Todd Howard. P. E. City Engineer January 18, 2001 • Feasibility Report Garden City North Neighborhood Page 1 OVERVIEW (see Figure 1) These proposed projects include roadway and utility improvements for the Garden City North Neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of the following streets: All streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63rd Avenue North, and I -94. The project also includes Halifax Drive between Brooklyn Boulevard and 63` Avenue, France Avenue between Halifax Drive and Grimes Avenue between Halifax Drive and 63` Avenue. The proposed project does not include improvements to Xerxes Avenue, Brooklyn Boulevard, or 63rd Avenue North. Estimated costs for the new street improvements are included in a Cost and Funding Chart on the attached Figure 5. This report was prepared in accordance with previous direction of the City Council and that staff would conduct Public Information meetings. On November 15, 2000 and January 17, 2001, public information meetings were conducted. PROPOSED IMPROVEMENTS STREETS Improvement Project 2001 -01 (see Figure 1) All of the streets in the proposed project area are classified as local residential streets, originally constructed in conjunction with utility installations in the mid to late 1950's. All of the existing streets are very flat, and in most areas do not have concrete curb and gutter. Some street segments within the • project area do have bituminous curb. On average, the streets are 30 feet wide, with a pavement thickness of 2.0 to 4.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction is warranted. It is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. On -street parking on both sides would continue to be allowed on all streets as existing and in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. Traffic volumes on most of these streets are typical of local residential streets. Traffic counts on 65` Avenue indicate approximately 1,000 vehicle trips per day, which is consistent with traffic volumes on residential streets. Some residents in the area have expressed traffic speed concerns. Most of the concerns were generated from Halifax Drive, citing cut through traffic as a primary issue. Traffic calming measures are not proposed as part of the improvements. There are no new sidewalks proposed as part of the project. Existing sidewalks within the project area are located along 65` Avenue and Beard Avenue. The sidewalk along 65' Avenue is proposed to be replaced and costs for removal and replacement are included in the feasibility estimate. The majority of Beard Avenue sidewalk will remain in place with only spot repairs as necessary. No new sidewalks or trails are included in the cost estimates. Feasibility Report Garden City North Neighborhood Page 2 The cost estimates in this report do include a lump sum allocation ($34,000) for planting boulevard trees to replace those removed. An amount of $70,000 has also been allocated for replacement of street lights. NSP has provided a preliminary layout and cost estimate. Staff is working with NSP at this time to determine final pole locations and determine if more street lighting is needed. STORM DRAINAGE Improvement Project 2001 -02 (see Figure 2 for proposed storm sewer system) The existing storm sewer system in the project area was installed on a per development basis and is non - existent in the northern portion of the project. Piping and storm water intakes are proposed in this area to alleviate localized drainage problems. A portion of the northernmost drainage area is proposed to be directed into the Minnesota Department of Transportation's 1 -94 storm interceptor. A large portion of the drainage from the Garden City North neighborhood eventually flows to a large 66 -inch diameter trunk storm sewer located between 65' Avenue and 64t Avenue. This trunk system was recently repaired and to the extent possible will be utilized to convey storm water runoff to Shingle Creek. Additional intake and piping is also required in this area to remedy localized ponding problems. Survey results received from residents also indicate some localized incidents of standing water. A third drainage area, located south of 64' Avenue, is proposed to direct runoff into a newly constructed storm interceptor constructed along Beard Avenue. • Figure 2 shows a preliminary concept for storm drainage improvements to serve the project area. The project design essentially provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. To the extent practical the existing storm sewer system will be utilized. Additional piping and intakes throughout the proposed project area are estimated to cost $618,000. SANITARY SEWERS Improvement Project 2001 -03 (see Figure 3) All sanitary sewers in the project area generally are 8 -inch diameter clay pipe, installed in the 1950's. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of ground water infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. However, while there are no capacity problems, city maintenance records, along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate various experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. City maintenance staff is required to routinely perform root sawing on the sanitary mains in the project area to prevent back -ups. • The televised inspections have indicated that root infiltration is significant throughout the entire sanitary sewer system in Garden City North (Figure 3). In particular, root infiltration and blockages Feasibility Report Garden City North Neighborhood Page 3 are seen at the connection points between private service lines and the mains. Therefore, all sewer mains in the project area are proposed to be replaced. Staff has compared costs of complete replacements vs. repair and replacement of specific problem areas only. Because of construction methods, mobilization costs, and in consideration of the final product and long term performance, it has been determined that in the long -term perspective, complete replacement appears more feasible at this time. An attempt will be made during the development of detailed plans to avoid replacing services in circumstance where complete replacement is not warranted. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. At this time the estimated cost of sanitary sewer work as proposed is $759,000. WATER MAINS Improvement Project 2001 -03 (see Figure 4) The water distribution system in this particular neighborhood was installed in the 1950's with unlined cast iron pipe, meaning pipe that did not have the corrosion resistant lining typically provided on cast iron pipes in later years. Internal corrosion to the these types of mains over the years typically contributes to water quality problems in neighborhoods where the mains have been installed. Also contributing to the problem is the hardness and high iron and manganese contents of the City's water. Water quality problems are often also a result of the type of internal piping installed within individual homes. • Nevertheless, surveys returned to the City have indicated a very significant number of complaints relating to water quality. In response, the City proposes to replace all unlined cast iron pipes with newer ductile iron piping. While the replacements will probably not eliminate all water quality related complaints, a significant improvement overall is expected. The City performed a similar main replacement in other neighborhood reconstruction areas and indications suggest that an overall general improvement did result. Water pressures throughout the system are adequate. However, in some instances, water may become stagnant in certain areas as a result of poor circulation, and thus contribute to the water quality related problem. A computer model of the City's entire water system has been developed and can pin point areas where circulation improvements may be needed. Numerous iterations of changing combinations of pipe sizes were modeled in attempt to increase water circulation in the project area. Due to the balanced nature of the water distribution system within the project area, it was determined that the circulation could not be increased without compromising water pressure and fire flow in some areas. We therefore do not anticipate changing the sizes of mains when they are replaced. In addition, leaky valves, and aging hydrants would be replaced as part of this work. The cost of this water system work is estimated to be $760,000. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 5) • The total estimated cost for the proposed project is $4,377,000. A detailed breakdown of this estimate, as well as funding sources is explained as follows in this report and attachment. Feasibility Report Garden City North Neighborhood Page 4 I Costs and Funding for Street Improvements, Proiect No. 2001 -01 . The estimated project cost for roadway improvements for all streets in this project area is $2,241,400. These costs include project administration, engineering, street lighting and reforestation. It is proposed to levy special assessments for street improvements in accordance with the 2001 rates adopted by the City Council. The rates adopted by the City Council provide for a standard 2001 residential street assessment rate of $2,290 per residential property. These rates would be assessed to all benefited residential properties as shown in Figure 1. On this basis it is estimated that special assessments totaling $785,369.54 would be levied for street improvements. Costs and Funding for Storm Drainage Svstem Improvements, Project No. 2001 -02 The total estimated cost for storm drainage improvements within the Garden City North Neighborhood area is $618,000. This includes the cost of storm sewer construction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the 2001 rates adopted by the City Council. Application of this rate to properties benefited by these improvements will result in estimated special assessments of $750 per single - family residential unit. The total cost to be assessed would be $271,644.77. The Storm Drainage Utility Fund would pay for a substantial amount of the remainder of the storm sewer costs. Costs and Funding for Sanitary Sewer and Water Main Improvements, Project No. 2001 -03 The estimated cost of sanitary sewer repairs and /or replacements is $759,000 and the estimated costs for water main repair and /or replacements is $760,000. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Recommended 2001 Project Schedule January 22 City Council receives feasibility report and calls for public hearing February 26 Public Hearing, City Council may authorize the project and order preparation of plans and specifications March 13 Approve plans and specifications, authorize Ad for Bids April 4 Bid opening April 9 City Council awards contract May 1 Start construction • September Construction Substantially Complete September Special Assessment Hearing Feasibility Report Garden City North Neighborhood Page 5 onclusion ' c The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the c operation, safety, welfare, and economic health of the enti costs escribed mlthis of the report, the proposed F s needs described, and the proposed solutions and estimate e project is considered to -be necessary, cost effective, and feasible. . Todd Howard, P. E. City Engineer Reg. No. 23095 • 1 � Feasibility Report Garden City North Neighborhood Page 6 R % F i �� i�- : : - �� ♦ �� ffiz OF City of Brooklyn Center Garden City North vE. w6 AVE I6 A �P cxn — — — 6srr Ave. A � �o Storm Sewer aff SCHOM a POE RD. I t I ! 4 = O'ME W RD. RAgVBOW SliOPPINa CENT�i �� a —� � _ 63RD 'AVE NO. Fig. 2 63RD AM NO. Not to Scsie City of Brooklyn Center Garden City North 1 ,F] r � � 5 6 AVE. 66TH AVE I a a _cv P C3AR CIT" PARK 6511-_ AVE Sanitary Sewer QQVM C" SCHOOL t • , PbE RD. I I I RAMMIN SiOPM CE TO O'HENRY RD. I I I C+: v 63RD AM NO. 63RD AVE. NO. F=i9. 3 Not to Scale I City of Brooklyn Center Garden City North Vn AVE � AVE Ou 66,E �E NO 657} AVE I � Watermain pgRDEN c" SCHOM q� PvE RD. _ SAWW SH OppM ceMR I I I P y Fig. 4 63RD Ala NO. 63RD AW- NO. i Not to scale _. _ COSTS & FUNDING - IMP. PROJECT 2001 -01,02 & 03 GARDEN CITY NORTH - FEASIBILITY SUMMARY ESTIMATED EXPENDITURE !STREET SANITARY WATERMAIN STORM ESTIMATED SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 1,816,556.00 $ 646,043.00 $ 638,243.75 $ 527,435.00 $ 3,628,277.75 CONTINGENCY (10 %u) $ 181,655.60 $ 64,604.30 $ 63,824.38 $ 52,743.50 $ 362,827.78 SUBTOTAL CONSTRUCTION COST $ 1,998,211.60 $ 710,647.30 $ 702,068.13 $ 580,178.50 $ 3,991,105.53 ADMIN, ENG., LEGAL $ 139,205.00 $ 48,327.00 $ 57,089.00 $ 37,323.00 $ 281,944.00 REFORESTATION $ 34,000.00 $ 34,000.00 STREET LIGHTS $ 70,000.00 $ 70,000.00 TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 2,241,416.60 $ 758,974.30 $ 759,157.13 $ 617,501.50 $ 4,377,049.53 ESTIMATED REVENUE STREET ASSESS = $2290 /UNIT X 288UNITS $ 659,520.00 $ 659,520.00 PARK ASSESSMENTS $ 14,560.00 $ 14,560.00 MULTI - RESIDENTIAL ASSESSMENT (R -5) $ 40,521.50 $ 20,260.75 $ 60,782.25 COMMERCIAL ASSESSMENT (C -1 ) $ 20,410.56 $ 10,205.58 $ 30,616.14 COMMERCIAL ASSESSMENT (C -2) $ 25,268.88 $ 12,634.44 $ 37,903.32 SCHOOL ASSESSMENT $ 25,088.00 $ 12,544.00 $ 37,632.00 SANITARY SEWER FUND $ 758,974.30 $ 758,974.30 WATER FUND $ 759,157.13 $ 759,157.13 RES. STORM DRAINAGE ASSESS =$750/ UNIT X 288 UNITS $ 216,000.00 $ 216,000.00 STORM DRAINAGE UTILITY FUND $ 345,856.73 $ 345,856.73 MSA - LOCAL $ 55,000.00 $ 55,000.00 SPECIAL ASSESSMENT CONST FUND $ 1,401,047.66 $ 1,401,047.66 TOTAL EST. REVENUE (FEASIBILITY) $ 2,241,416.60 $ 758,974.30 $ 759,157.13 $ 617,501.50 $ 4,377,049.53 L FIGURE 5 • • • SURVEY SUMMARY RESULTS Address Trees Sanitary Storm Water Comments/ Concerns None N/A Every 2 -3 years No No None Yes No No Rust in water None One tree No No No Does not want tree near sanitary service to be removed, city advised resident to plant tree in current location; sanitary service only 20 years old; wants speed bumps on 66 Ave. France to Xerxes Brooklyn Blvd. _ 6532 Trees in blvd Two times in 5 No Chlorine smell and years, 110 feet from taste house Chowen Ave. 6506 One tree Yes No Sometimes low pressure 6507 One tree Every 1 -2 years No No Crime; freeway noise; freeway dirt 6513 One tree Every 5 -6 years No No None 6537 N/A Two times; cause No Bad taste was roots Drew Ave. 6539 One spruce Twice in 30 yrs No No Interested in remodeling classes 1 Water Comments/ Trees Sanitary Storm Concerns Address No Sometimes muddy Concerned about irrigation system; 6606 One tree 10' from No loss of trees service onding ? Stop sign on 66"' Ewin Ave. -- No Driveway p and Ewing, 6606 Yes and street puddles interested in workshops on remodeling, and wants a larger driveway apron No None Once NO None 6527 None No No . 6532 None Once No France Ave. No Once Cl oily, and Need more street None 6306 Once No hard lights; wants traffic 6315 Yes light on Halifax and Brooklyn Blvd.; need more speed limit signs Poe Road — No Poor quality Maple in blvd Roots in service, 3204 clean every two Do not want to lose years . g water in Poor quality; bad Do trees in yard; No som etimes Ash m blvd N Standin taste; 3300 Poe and O'H Interested in intersection color remodeling workshops; wants to choose new blvd trees Water Comments/ Address Trees Sanitary Storm Concerns No Puddle at the end of Poor quality; tastes Speeding on Beard Trees in blvd 3319 the driveway when bad; rust it rains O'Henry Road — No Low pressure ards None Yes Low pressure Neighboring y 3007 Once a year None eye sore; will sewer 3018 Elm in blvd service be damaged when blvd tree is removed? No No N/A No Slimy water Need a better way 3019 N Once N to enforce codes No 3101 Removed sprinkler No Poor pressure No system line closest 3119 N/A to the curb >Does the line 13 feet back have to be removed? No Speeding cars; No concerns about 3201 Linden in blvd Yes underground sprinkler system No No No No 3212 _ quality 64 Ave. No Rust; poor q Y One tree Every 2 -3 years L pressure 3124 No No 3 N/A Rusty water 125 N/A No No Odor; poor quality 3200 No Yes Wants sidewalks 3213 None No No No 3218 3 • Address Trees Sanitary Storm Water Comments/ Concerns 3300 One tree No Water in the garage Odor in water; poor Wants smell and after heavy rain taste; rust taste of water to improve after project is completed 3301 No No No Low pressure Neighbors parking in street 3318 None No No Rust and iron Job reconstruction takes too long; remove too many trees; Speeding cars on Beard; Law against dumping trees in the street? Curfew for street parking in the summer? Concerns about sod. 0" Ave. 3025 No No Puddle at the end of Taste bad; dirt in Wants more street driveway; basement shower water lights floods 3107 None Once No Hard water Speeding cars on 65 , Beard to Xerxes 3124 One tree No Drainage ditch in Slightly cloudy Cars parked in street the right away overnight; garbage cans left in front yard 3200 None 3 times in 20 years No Smells sour Cars parked in street overnight 3301 None No No Low pressure Speeding on 65 ; large volume of traffic 4 • • 0 Address Trees Sanitary Storm Water Comments/ Concerns Quarles Road 3008 None No Sluggish drain No Concerned about system sprinkler system 3019 N/A Twice Floods in basement No Next door is an eye sore; interested in landscaping workshop and block watch group 3100 Yes Yes No Foul smell; muddy More street lights 3101 None Once a year No Poor quality; not Concerns about drinkable losing trees 3119 Yes N/A Basement floods Tastes bad None 3207 No Every two years No No None 3212 One tree Twice in past four No No City Engineer's years decision 3301 Two trees No No No 3306 N/A Once No Tastes and smells Sight triangle at bad Beard and Quarles and at 65 and Xerxes 3307 N/A Every few years Quarles and Beard No Some houses in intersection has a neighborhood are an big puddle when it eye sore rains 3312 Yes Every few years Water pools up at Occasionally a bad the end of the smell and taste driveway 3319 N/A Cleaned three times street drainage? No 5 Address Trees Sanitary Storm Water Comments/ Concerns 66 Ave. 3007 One Norway Maple No No No Why are hydrants flushed every week in the summer? 3012 One tree Two times last year Water in driveway Poor quality Concerns about how after rain driveway is replaced 3018 One ash No Puddle and ice in No Want another street winter at end of light; when hydrants driveway are flushed in the fall leaves from the street plug the catch basins so the water does not drain 3019 Yes Every 2 -3 years No Bad smell; orange Too many cars in neighboring driveways; junk in yards and garages; more street lights 3100 N/A No No Rust; fowl taste More street lights 3101 N/A Every 1 -2 years No Rust; bad smell More street lights; wants a new driveway /please notify her of new driveway plans 3106 N/A Once a year No No None 6 Trees Sanitary Storm Water Comments/ Address Concerns Twice a year No Water quality worse Wants to be N/A 3107 after hydrant is informed about all flushed meetings that are held No Occasionally water No "Dips" repaired on 3113 One tree 66 th , interested in comes up through the drain in workshops basement No No No Some houses in the 3207 One tree neighborhood are rundown; neighbor with ugly dirt driveway Once a year No Scummy water Interested in 3213 One tree landscaping ideas One tree Once a year No Sand in water Wants dip in the 3409 road a Chowen and 66 to stay; slow traffic N/A Every 2 -3 years No Water quality good 3600 No N Speeding cars on 3601 Lilac bushes near Once a year 66 th service No Yes No Poor quality 3700 3701 N/A Every 6 -8 months Some water in the No basement with heavy rain Concerns with cable 3800 N/A N/A N/A N/A above house, wants them buried 3801 N/A Twice in 5 years No No Beard Ave. No No 6406 N/A Once 7 Trees Sanitary Storm Water Comments/ Address Concerns Halifax Drive — N Speeding traffic 6300 None No No 6301 One tree Once a year No Odor occasionally Using Halifax to avoid light on Brooklyn Blvd and 63 Ave.; speeding cars on Halifax No Traffic, speeding, None 6309 NO NO and cutting into their yard when turning the corner None No Puddle in street No High traffic volume 6321 from Brooklyn Blvd on Halifax; speeding cars on Halifax Drive 6325 Yes Every 2 years No Odor occasionally Using Halifax to avoid traffic light on Brooklyn and 63 ra , but do not want to be restricted from entering own neighborhood Puddle in No Using Halifax to 6345 One tree NO avoid lights on intersection of Halifax and France Brooklyn Blvd and 63 ; junk in yards 9 City Council Agenda Item No. 89 MEMORANDUM DATE: January 16 2001 TO: Michael J. McCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: An Ordinance Amending Chapter 25 of the Brooklyn Center Ordinance Regarding Management of Right of Way Staff has reviewed the Right of Way Ordinance and recommends adopting the attached Ordinance amending Chapter 25 of the Brooklyn Center Ordinance regarding right of way management. Changes in Section 1 were done to reconcile changes that the Public Utilities Commission adopted after the City adopted the current Ordinance. The main effect of these changes is to broaden the definition of "Right of Way User ", include "Degradation Costs" as part of "City Costs ", and redefine the "Restoration Bond" more broadly as the "Construction Performance Bond ". Changes in Section 2 more clearly specify when extensions are required and is consistent with other agencies' Ordinances. This is the language that is used in the Hennepin County Ordinance. Section 3 requires that permit applicant must provide any required deposits. This supports language that has been added to the Permit Fees section of the Ordinance which allows the City to require a deposit. The additions in Section 4 are necessary to reinforce the concept of corridors which has been restricted by the PUC since the adoption of the current Ordinance. The Director would be authorized to determine the appropriate location of such facilities. This is intended to maintain an efficient and appropriate use of the right of way. The changes also specify a "General Requirements" document that the City will use to specify construction methods, locations, and restoration requirements. Hennepin County has a document like this as art of its Ordinance that the q p tY p City will use as a guide. The addition in Section 5 gives the City the right to require a monetary deposit. This deposit shall be used to offset City costs such as additional management costs by staff and consultants as well as other costs not limited to degradation and restoration costs. Section 7 limits the size of the permit so that the City can maintain a scope of work that is manageable. • The changes to Section 8 give the City a more defensible position for the denial of permits. By listing some of the possible and most likely reasons it should also reduce the applications that I An Ordinance Amending Chapter 25 of the Brooklyn Center Ordinance Regarding Management of Right of Way Page 2 • may need to be denied. This section is also more consistent with other right of way ordinances. The changes to Section 9 are also intended to give the City a more defensible Ordinance. The new language more specifically defines the criteria for restricting the location of facilities. The addition in Section 9 is necessary as a matter of reference. The remaining changes to the Ordinance such as Section 6 and the changes of "equipment" to "facilities" and "Restoration Bond" to "Construction Performance Bond" are needed for continuity with the definitions specified in Section 25 -1001. These changes will bring the City up to date with the existing PUC rules as well as create more consistency with the City's Ordinance and other agencies. The updates also makes the changes necessary to prepare the City for the planned cable over builds expected this spring. A second reading of these ordinance amendments and a public hearing would be scheduled for February 26, 2001. • i • CITY OF BROOKLYN CENTER Notice is hereby given g iven that a public hearing will be held on the 26 day of February, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 25 of the Brooklyn Center Ordinances relating to management of the right of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE BROOKLYN CENTER ORDINANCE REGARDING MANAGEMENT OF RIGHT OF WAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 25 -1001 is hereby amended as follows: Secti n 9.5 -1 OD. DEFINITIONS. The following definitions apply to the Right -of- Way Management Ordinance of this Code. Unless used in a context which indicates otherwise, defined terms remain defined terms whether or not capitalized. a. "Applicant" means any person requesting permission to excavate or obstruct a right -of -way. b. "City" means the City of Brooklyn Center, Minnesota. For purposes of Section 25 -1026, city includes its elected officials, officers, employees and agents. r— "City Cost" means the actual cost incurred by the City for public rights -of -way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right -of -way permit applications; creating inform tinn and m aintaining information on a geographical information system (GIS) mapping system- degradation costs_ inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during public right -of -way work; providing traffic control due to applicant's neglect or inadequate performance; determining the adequacy of right -of -way restoration; restoring work inadequately performed; and revoking right -of -way permits and performing all other tasks required by this Right of Way Management Ordinance, including other costs the city may incur in managing the provisions of this Right of Way Management Ordinance. 40 I " Constniction Performance Bond" means any of the following forms of security rrovided at the n .nni t 's onto ORDINANCE NO. Page 2 1. Tndividual project bond- 2. Cash deposit; 3. Security of a form listed or aDnroved u nder T\4i ta _ § 15 73, subdivision 3; 4. Letter of credit, in a form accent hle to the Director; 5. Self- insurance, in a form acceptable to the Director; 6. A blanket bond for for sects within t he City, nr 7. Other forms of s construction bond, for a time Specified and in a form acceptable to the Director. e_ "Degradation" means a d enrease in the rnse life of the right-o -way caused by excava in n r disturbance of the rig t -af -w y, result in t he need to reconstnict Such right -of -way earlier than would he required if the excavation or distu nn( di not occur_ f "Degradation cost" means the cost to ach ieve a level o f restoration as determined 0 by the city it h . time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules 7919.99(1 to 78 19.9950 dg. "Delay Penalty" means the penalty imposed as a result of unreasonable delays in right -of -way construction. i eh. "Department" means the Department of Public Works of the City. fl. "Department Inspector" means any person authorized by the Director to carry out inspections related to the provisions of this Right of Way Management Ordinance. gj. "Director" means the City Manager, or her or his designee. hk. "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. il. 'Equipment" means any tangible asset used to install, repair, or maintain facilities in any right -of -way. Jm. 'Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right -of -way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. inn. "Excavation Permit" means the permit which must be obtained before a person may excavate in a right -of -way. An excavation permit allows the holder to excavate that part of the right of way described in such permit. ORDINANCE NO. Page 3 • Ia. "Excavation Permit Fee" means money paid to the City by an applicant to cover the costs as provided in Section 25 -1009. rnp. "Facility" or "Facilities" m eans any tangible asset in the right -of -way required to provide Utility Service, but shall not include boulevard plantings or gardens planted or maintained in the right of way between a person's property and the street edge or curb. nq. "In," when used in conjunction with "right -of- way," means over, above, in, within, on or under a right -of -way. or. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Right - of -Way Management Ordinance. ps. "Obstruct" means to place any object in a right -of -way so as to hinder free and open passage over that or any part of the right -of -way. qt. "Obstruction Permit" means the permit which must be obtained before a person may obstruct a right -of -way, allowing the holder to hinder free and open passage over the specified portion of that right -of -way by placing t gw,'�—;ax� -facilities described therein on the right -of -way for the duration specified therein. ru. "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 25 -1009. sy. "Permittee" means any person to whom a permit to excavate or obstruct a right -of -way has been granted by the City under this Right of Way Management Ordinance. t-w. "Person" means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have K u� Y ��: �� faciliti�s_in any right -of -way. - ax. "Registrant" means any person who (1) has or seeks to have its c%JUI facilities- in any right -of -way, or (2) in any way occupies or uses, or seeks to occupy or use, the right -of -way or any :.lt- facilities in the right -of -way. vy. "Repair" means the temporary construction work necessary to make the right -of- way useable for travel. • w. "P.: ��.a� B;,ii,l" iii Gdiis d fuiiiiaiii,i, LwJ, a hAt ,- :,f ,.: d:L, -as 1:,po y other - farm- s"wii y posted i., dic availability o ORDINANCE NO. Page 4 asstire C��111t-r M ay %,AVRV e.1V11 all UVL1V11 VVV1k 1J aV 1,VLL a 1 llllVly QYlll quality 111CL1111V1. xz. "Restore or Restoration" means the process by which an excavated right -of -way and surrounding area, including pavement and foundation, is returned to the same condition that existed before the commencement of the work. yaa. "Restoration Cost" means an amount of money paid to the City by a permittee to cover the cost of restoration. zhh. "Right -of -Way" means the surface and space above and below a right -of -way for public roadway, highway, street, cartway, bicycle lane and public sidewalk purposes in which the City has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. aam. "Right -of -Way Management Ordinance" means Sections 25 -1000 through 25 -1032 of this Code. bbdd. "Right -of -Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this Right -of- Way Management Ordinance. ee_ Right -of- -Way User" means- A telecommunications rig t -of - y user as defined b Minn. StaL4 23-7 169._ suh division 4- or Zs A person owning or controlling a facility in the nuhli " right -of -wa ha is used or is intended to he used for row viding a ility service, and who has a right under law, franchise, or ordin nce to use the uhp lic right- of -wav ccff. "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minnesota Statutes ' 216B.02, Subdivisions 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minnesota Statutes ' 300.03; (4) the services provided by a district heating or cooling system, and (5) cable communications systems as defined in Minnesota Statutes Chapter 238. ddgg. "Supplementary Application" means an application made to excavate or obstruct more of the right -of -way than allowed in, or to extend, a permit that has already been issued. VV. " " Ti,1 41+V111111 U11I1i0.�IV111:1 7 11�1 - „ l { Jl - V� " Qy Usl+l 111VQYls CL �J\+1 JV11 ll Wlllll� Vl VV V11111 � facility jn--ill� pjl ll 11��1 L �Jl - vV CLy, V1 JV�11111s LV �1 vV 11 V1 VViY1 fG ill lll� • F.W 11g1A - way, Lhea IS u s ed Vl f Is I111C.11dcA to Ll+ uw d LVl 11 al't's ul. G.. tL1VliV111111U111VCLilI/11 VL V� 1 1V1 vV11�1'i 111 1CLLCL 1111V1111CL� r Vl j1” FvJ`+ :1 i11IS Rl l:t= I i ORDINANCE NO. Page 5 • Of 1 hfaiia6S, lll,lll O idi CL ;,d 1 , l ulI+ Vvlllllll.11llt�alll/ll Jy Jla dVl.1ll1 �a regula %Id u 11d%,1 PV�ta Vta 1 . L/V111111L1111V aV��roities Lt lalcd to �iuvi�liug � ii � a um ai gas of clm ;tii� oiieigy sciviccs arc 11vt �..1liL/Vllllll U111LiQ�1V11J 1i911L f VV ay ual,x J. ffhh. "Unusable means : KLLi facilities in the right -of -way which has remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the . 4 .: ,kl- 1A Section 2. Section 25 -1006 is hereby amended as follows: Subdivision 1 2 1 . y1� Permit dal ,,, No person may c�.,,a � al. V. J,,�1� L Vyv.d Lhe da te ate or dal,,, Jt/V V11V 1J Vl llllt U11lVJJ JIAVll pvio1,11 `1) . a V JLI�, l.rlll.rlltaly a ppli%,duv 11 f6l a11V Llllil 1411 =of Vvay F%wiilii L. UCTUM TRl. %w YFxx s tion of the il lJ%Allllt, all `il) a lx%,VV FVlllllt Vl F%,I. 11i1 VAtNll�llVll 1J l work in or obstruct the right -of wayb the da in th� nermit or do any work beyond that speci in the permit un lPCC .crnnh n erson makes a su nnlementary ann lication for an extension or modification of the work speci it) t he D ermit before expiration of the permit, pays — a permit extension fee and is granted a permit extension b the Dire ctor_ The Director may extend the completion or scone of the work if the cnerified work could not be done because of circumstances beyond the control of the permit holder • Section 3. Section 25 -1007 is hereby amended as follows: Sec tion - 1007_ PERMIT APPLICATIONS. Application for a permit is made to the Director. Right -of -way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: a. Registration with the Director pursuant to this Chapter; b. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the specific location and area of the proposed project and the detailed location of all existing and proposed facilities; c. Payment of all money due to the City for 1. permit fees and costs, and any required deposit d. When an excavation permit is requested for purposes of installing additional �, LLi 11� facilities, and the posting of a lion cons r action performance bond for the additional tq,1F111V11L facilities is insufficient, the posting of an additional or larger restoration construction performance bond for the additional • . KuiYlll; lli facilities may be required. ORDINANCE NO. Page 6 Section 4. Section 25 -1008 is hereby amended as follows: Subdivision Standards for Construction or Tn -,t ll tion_ Th requi rements and standard-, for facility construction or installation are contained in the General _Requirements as serified by t he,�ctn r_ The Di rector may assign or ron hihit specific locations for facilities within the right -of -way, o_ r any particular segment tl r of All excavation, obstruction, or other permits issued by the Director involving_ the installation or replacement of facilities shall magnate the proper location for the facility at ic-,ne. The Director may deny a permit application, asprovided in Section 25 -1014, in the event the =posed location of such facilities is not consistent with the location required by the Director The Director may revoke a permit,, a-, provided in Section 25 -1019, in the event the facilities are installed in a location that is inconsistent with the location designated in the aDnlicable permit_ Any registrant whose faciliti were previrnic to .a ed in the right -of-way in a position at variance with the locations established by the Director sha no later than at the time of the next reconstnic or excavation of the area where its facilitie are lo cated, move that facility to its assigned position within the right-of-way, unless this requirement is waived by the Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, :public safe customer s ervice needs and hardship registrant Section 5. Section 25 -1009 is hereby amended as follows: Subdiv I D el ncit The Director may require that a permit pplication he . a .om nap . ied by deposit, in addition to h Permit F e nd C'onstruction Performance Bond_ in an amount established by the Director in order to offset any City costs tha exceed the amount of the Permit Fee_ Such additional City cos may iAL"t are no limited to, inspection costs, �d gradation costs, or r stor tion costs The Director may require an ap�cant to submit a singledeposit in an amount intended to cover all City costs which the Director determines maybe incurred during the subsequent twelve (12) month period based on an a,Dnlicant's construction and m Dior maintenance plan filed in accordance with Section 25 -1005_ The Director shall amnrove all exp PncPC c harg .d- ag ainst the deposit, and the unused portion thereof shall he returned to the applicant- The Director may periodically require that the deposit amount he re 1p enishe ac exlr es are charge�g insta�_ _� t_hP�dP The Den - nit application shall firrther state that the =12licant a eec to reimburse the City for any City costs incurred by the Ci in exc ess of the amount of the deposit. Subdivision 54. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of such fees before the issuance of such a permit. Subdivision 45. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 25 -1019 are not refundable. Subdivision 5.6. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely for city management, construction, maintenance and repair costs of the right -of -way. ORDINANCE NO. Page 7 Section 6. Section 25 -1010 is hereby amended as follows: Subdivision 2. Repair and Restoration. Permittee shall repair and restore its own work. The permittee shall at the time of application for an excavation permit post a restora construction performance bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right -of -way to its pre- excavation condition. If, twelve (12) months after completion of the restoration of the right -of -way, the Director determines that the right -of -way has been properly restored, the surety on the constniction performance bond shall be released. Permittees with whom the City has a current franchise agreement, or authorized agents, contractors, or subcontractors of that franchise shall not be required to post a restoration construction performance bond. Subdivision 4. Guarantees. E ;1.v.,��.. ��, .. �1�.; �1.. ...t - The permittee guarantees its work and shall maintain it for twelve (12) months following its completion. During this 12 -month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 25 -1013. Subdivision 5. Failure to Restore. If the Permittee fails to restore the right -of -way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right -of -way. If permittee fails to pay as required, the city may exercise its rights under the restoration construction performance bond. Section 7. Section 25 -1012 is hereby amended as follows: Subdivision 1. Limitation on Area. A right -of -way permit is valid only for the area of the right -of -way specified in the permit, which ch&11 not exc one 1) lineal mile of right - of-wu No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. The total area for which a permittee shall he permi st nrly o ne time, pursuant to multi 1p e. permits cLnermit extensions, shall not exceed three (3) lineal miles of right -of waT Section 8. Section 25 -1014 is hereby amended as follows: Section 9.S -1 O14, DENIAL OF PERMIT. The Director may Y a permit ermit for failure • to meet the requirements and conditions of this Right -of -Way ...a..a Ordinance - or, if the Director determines that denial is necessary to protect the public -health, ORDINANCE NO. Page 8 • safety and welfare, to 12re vent interference with the safety and convenience of ordinary travel over the right -of way h�alth, safety, aiid welfare or when necessary to protect the Right right- of - Way - mmy and its current use. The Director, in his /her dke lEetion, may consider factors including_ a. the xt .n to which rig hto f - wa_v sn are where the permit is sought is available; h, the comi eting demands for the p rti� 'c»lar Space in the right -of -way- .c- the availability of other locations in the rig - of - y or in other rig ts- of -way for the equ meet of ! 12e it l�n i cant ; I the =,disability of ordinance o other re gulations of the right -of -way that affect location of equipment in the rig f w e- the degree of com:pliqnce of the a. n with the terms and conditions of its franchise, this Right -of -Way Management Ordinance, qnd other ap lip 'cable ordinances and regiilatiom; f- the degree of disruption to surrou co mmunities and businesses that will result from the use of that an rt of the rh -of wad • g the condition and age of the right -of -way, and w hether and w hen it is scheduled for total or parti recons tniction; and h_ the balancing of the costs of disrution to the public and damage to the right - of -wad against the henefits to that part of the pub serv by h . ex n� into additional parts of the right -of wT i- If, in the discretion of t he Direc the issuance of a permit for the nart� .icular date and /or time would cause a conflict or interfere with a exhibitioli celebration, festival or any other event Section 9. Section 25 -1021 is hereby amended as follows: Secti n 9.5 -102J- LOCATION OF FACIL11 E.S Subdivision 1. Undergrounding. Unless otherwise permitted by an ex isting or - Minnesota Statutes, Section, 21613.36, 1 l' L d K Y, t i.. vi uu w� �.A.� iii a v v r.- ■ V u.. v u. . .� .- %.,J v. .��,la�;d, ..mow a,. new constniction, the installation of new and the replacement of old Facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes excep tp hat the Direc mayapnrove shove gro loc ation and installation that the Director has determined cannot reasonably be placed underground due to expense, nature_ nr • function if there are no unreasonable safety_ ' main m anse. o r aesthetic concerns -or conflicts with the current use of the right-of-way, Willos for - tee lililval t%ao appLvv�,d by d.,; ORDINANCE NO. Page 9 • Direc v. A i6 F vonbly vA 1 jLu1:,L,, -to-do so. Section 10. Section 25 -1032 is hereby amended as follows: Section 25- 1032_ WAIVER. The Director may waive any or all requirements of Sections 25 -1003 through 25 -1005, 25 -1006 through 25 -1009, and 25 -1020 if compliance is not deemed to be reasonably necessary, in the discretion of the Director, to serve the purposes of this Right -of -Way Management Ordinance. The decision of the Director not to waive any such requirement is not subject to appeal to the city council. Section 25 -1021 may be waived as z rovided therein- Waiver of provisions of Sections 25 -1003 through 25 -1005 and 25 -1020 may be rescinded by the Director at any time upon written notice to the person subject to the requirement. Section 10. Section 25 -1000, 1003, 1023 and 1028 are hereby amended by replacing "is" with "are" where it occurs after "equipment". Section 11. Section 25 -1000, 1003, 1006, 1017, 1020, 1021, 1022, 1023, 1024, 1025, 1026 and 1028 are hereby amended by deleting all references to "equipment " or "equipment is" and substituting "facilities" or "facilities are" therefor Section 12. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) s City Council Agenda Item No. 8h • • MEMORANDUM • DATE: January ary 8, 2001 TO: Michael J. McCauley, City Manager FROM: Michael Krech, Public Works Specialist W �< SUBJECT: Resolution Amending the Schedule of Right of Way Permit Fees Staff has reviewed the right of way permit fees for 2000 and recommends adopting the following new permit fees for 2001. The new fees amounts are intended to recover the administrative costs of City staff time. Additional costs associated with managing the permits such as consulting fees and disruption costs will be collected from a deposit account that will be required of the applicant. A penalty for delay in completing the permit has been established to encourage the timely completion of all the permit work including restoration. The utilization of a price per square foot for the excavation and obstruction permits will more accurately match permit fees with the amount of staff time required to administer the permit. These new fees will replace the previous fees. Permits: S Administration Fee $100 per permit Excavation Fee $1 /sf in boulevard/turf $5 /sf in pavement Obstruction Fee $1 /sf obstruction Extension $50 per permit Penalties: Delay Penalty $50 /day for pavement $25 /day for boulevard/turf i Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE OF RIGHT OF WAY PERMIT FEES WHEREAS, Section 25 -1000 of the Brooklyn Center City Ordinances provides for the regulation of the use of right of way held in trust by the City as an asset for its citizens; and WHEREAS, the City Council has adopted a schedule of fees relating to the management of the use of right of way, said schedule to be amended from time to time by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the right of way fee schedule is hereby amended to establish the following schedule of fees: Permits: Administration Fee $100 per permit Excavation Fee $1 /sf in boulevard/turf $5 1sf in pavement Obstruction Fee $1 /sf obstruction Extension $50 per permit Penalties: Delay Penalty $50 /day for pavement $25 /day for boulevard/turf 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. •