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HomeMy WebLinkAbout1998 01-12 CCP Regular Session • Public Copy CITY COUNCIL MEETINP City of Brooklyn Center January 12, 1998 AGENDA 1. Call to Order Informal Open Forum with City Council - 6:45 p.m. 2. Informal Open Forum with City Council - 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. 3. Call to Order Regular Business Meeting - 7 p.m. 4. Call to Order ® 5. Roll Call 6. Invocation -Ernee McArthur 7. Council Report 8. Presentation -Kent Campbell and Janis Blumentals, "Celebrate Brooklyn Boulevard" 9. 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. December 1, 1997 - Special Session 2. December 1, 1997 - Work Session 3. December 3, 1997 - Truth In Taxation 4. December 15, 1997 - Regular Session • CITY COUNCIL AGENDA -2- January 12 1998 b. Approval of Application for Authorization for an Exemption from Lawful Gambling License from Anoka County Pheasants Forever C. Resolution Designating Official Newspaper d. Resolution Approving Change Order No. 2, Accepting Work Performed, and Authorizing Final Payment, Improvement Project Nos. 1996-06,07, and 08, Contract 1996 -G, Logan, James, Knox and 57th Avenues, Street, Storm Drainage and Utility Improvements e. Resolution Approving Change Order No. 1, Improvement Project No. 1997 -17, Contract 1997 -N, Shingle Creek Regional Pond f. Resolution Establishing Improvement Project No. 1998 -16, MAC Park Nature Preserve Trail Project and Naming Fiscal Agent for Administration of Grant Funds Received Through the Regional Trail Initiative Grant Program • g. Resolution Designating Depositories of City Funds h. Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 1998 i. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1996 -10, Contract 1996 -H, 53rd Avenue North from Xerxes to Upton Avenues, and Xerxes Avenue North from 49th to 53rd Avenues j. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group k. Licenses 10. Council Consideration Items a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Scott Kline, Jr. -Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions -Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- January 12, 1998 C. Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem -Requested Council Action: - Council discuss and select presiding officers. d. Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions -Requested Council Action: - Motion to adopt resolution. e. Set City Council Meeting Schedule for 1998 -Requested Council Action: - Motion to adopt City Council meeting schedule for 1998. f. Set Joint Meeting with Human Rights and Resources Commission -Requested Council Action: - Motion to set a joint meeting with Human Rights and Resources • Commission for Wednesday, February 11, 1998, 7 p.m., Conference Room B. g. 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 -Requested Council Action: -Mayor appoint Council Member to serve on each committee. h. Mayoral Appointments of Council Liaisons to City Commissions for 1998 1. Financial Commission 2. Housing Commission 3. Human Rights and Resources Commission 4. Park and Recreation Commission -Requested Council Action: - Motion to ratify Mayoral appointments. i. Mayoral Appointments to City Advisory Commissions -Requested Council Action: is - Motion to ratify Mayoral nominations. • CITY COUNCIL AGENDA -4- January 12 1998 j. Resolution Expressing Appreciation for the Gift of Mervyn's Brookdale Department Store in Support of the Arboretum -Requested Council Action: - Motion to adopt resolution. k. Resolution Amending the Enabling Resolutions of the Brooklyn Center City Advisory Commissions -Requested Council Action: - Motion to adopt resolution. 1. Update on Police and Fire Building Projects -Requested Council Action: -City Manager give verbal presentation. 11. Adjournment • Blumentals! Ardhkacture hc 6205 Earle Brown Drive, Suite 120 LETTER OF TRANSMITTAL Brooklyn Center, MN 55430 -2150 PHONE: (612) 561 -5757 FAX (612) 561 -2914 Date: January 8, 1998 I Job No.: TO: City of Brooklyn Center 6301 Single Creek Parkway Attention: Michael J. McCauley, City Manager Brooklyn Center, MN 55430 Re. Brooklyn Boulevard WE ARE SENDING YOU ® Attached ❑ Under separate cover via Hand Delivered - -Janet the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Streetscape Copies Date No. Description 2 1/8/98 Brooklyn Community Chamber of Commerce, Brooklyn Boulevard Streetscape 1 1 1 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval i ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN REMARKS cc: SIGNED V Js ' B lumentals, If enclosures are not as noted, lundly notify us at once. AIA, CID • ul n' O O U3 r � m D _ (P m` 4 _r�-- � m \ t ^ O _- o c � c tJ�i, Section 1 list AYE to INTERSTATE HU1Y. 94 QP a 4 i Minor �� �( intersection / % Brooklyn Blvd. - r w tam Major n - G Intersection 1 �. Section 2 INTERSTATE HU1Y. 94 to 61st AYE. � V U i F: J1 Brooklyn Blvd. I 7 % a a`� �v (o 7jhvl v Pfi f� w �Q) North F'P OF COM 0 100 200 400 BROOKLYN BOULEVARD STREETSGAPE Section 3 60th AVE. to STATE HWY. 100 1 c �v' xBrxea Ave. �i y IOU, J to ��' Srooklsn Siva. -� Major ) Intersection Q Minor 1 Q Q intersection � NortF,,.,ort DrJva r Section 4 5TATE HWY. 100 to 49th AVE. V �l ogl yN C04 y �d m G�� e Lu North OF Co 0 100 200 400 BROOKLYN BOULEVARD STREET5GAPE STREET EDGE / PROPERTY LINE EDGE (4) TEMPORARY SIDEWALK CONCRETE PLANTERS 1 l BROOKLYN BOULEVARD _ 1 � o � J (4) TEMPORARY CONCRETE PLANTERS ��� A Y y A CO G o 00 m n U F� OF CO North 0 25 50 100 Typical Major Intersection BROOKLYN BOULEVARD 5TREETSGAPE �� PROPERTY LINE EDGE SIDEWALK STREET EDGE -- BROOKKL` N BOULEVARD_ ----� � ` w � (2) TEMPORARY _ (2) TEMPORARY CONCRETE PLANTERS W CONCRETE PLANTERS 0414, CO 00� W o f co North 0 25 50 100 Typical Minor Intersection BROOKLYN BOULEVARD STREETSCAPE 1 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCI RAFT P OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 1, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Deb Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve • the agenda and consent agenda as printed passed unanimously. COUNCIL CONSIDERATION ITEMS RESOLUTION AWARDING THE SALE OF $1.075.000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 1997A: FIXING THEIR FORM AND SPECIFICATIONS: DIRECTING THEIR EXECUTION AND DELIVERY: AND PROVIDING FOR THEIR PAYMENT City Manager McCauley introduced Mr. Bob Thistle, Springsted Public Finance Advisors. Mr. Thistle noted the City's excellent bond rating for the general obligation bonds. This rating is based on a stable economy supported by the City's proximity to the Twin Cities, strong finances characterized by ample reserves, and an above average but manageable debt position. Conservative budgeting has enabled the City to accumulate sizable fund balance levels, as evidenced by an unreserved General Fund balance of 55.4 percent of operating revenues for fiscal 1996. The City Manager presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal for the Bonds. The recommendation was to accept the award of Piper Jaffray, Inc., First Union Capital • Markets Corporation, for a true interest rate of 4.4901 percent. 12/1/97 -1- airtAFT RESOLUTION NO. 97 -219 Member Hilstrom introduced the following resolution and moved its adoption: 0 RESOLUTION AWARDING THE SALE OF $1,075,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. $ESOLUTION AWARDING THE SALE OF $7.900.000 GENERAL OBLIGATION POLICE AND FIRE BUILDING BONDS. SERIES 1997B: FIXING THEIR FORM AND SPECIFICATIONS: DIRECTING THEIR EXECUTION AND DELIVERY: AND PROVIDING FOR THEIR PAYMENT The recommendation was to accept the award of Cronin and Company, Inc., Smith Barney, Inc, with Josephthal, Lyon & Ross, Inc., for a true interest rate of 4.7352 percent. RESOLUTION NO. 97 -220 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $7,900,000 GENERAL OBLIGATION POLICE • AND FIRE BUILDING BONDS, SERIES 1997B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Lasman and seconded by Councilmember Carmody to adjourn the meeting to the continued budget work session at 7:12 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • 12/1/97 -2- a 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 BUDGET WORK SESSION DECEMBER 1, 1997 CONFERENCE ROOM B CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a continued budget work session and was called to order by Mayor Myrna Kragness at 7:30 p.m. ROLL CALL. Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, ` and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, Public Services Director Diane Spector, and Council Secretary LeAnn Larson. 1. CAPITAL IMPROVEMENT City Manager McCauley inquired if there were any Council questions on the Capital Improvement Program. Public Services Director Diane Spector briefly explained a preliminary report of the Neighborhood Street and Utility Improvement Program. Mileage of streets improved since 1985 and proposed for improvements in the next five years was shown in a table. The improvements for 1998 -2002 are for the street projects shown in the five -year CIP. Ms. Spector also explained the concept of establishing the city parks as destination parks as replacement needs are met in the future. Councilmember Hilstrom asked if there had been council consensus on the idea of establishing destination parks. Councilmember Carmody and Mayor Kragness stated they thought the idea an effective way for the City to deal with park infrastructure replacement needs. 12/1/97 -1- DRAFY 2. LIQUOR City Manager McCauley noted the advantages and disadvantages of having a liquor store at the 63rd Avenue North and Brooklyn Boulevard location when the new fire building is constructed. Combining liquor and fire again compromises the efficiency and accessibility of both operations and constrains both operations in the future for change. The budget needs to be adopted so that the City has authorization to operate, even though there may not be three City liquor stores in operation for the full year in 1998. The liquor budget will require adjustment as actual results are in and a more definite plan is established. Mr. McCauley asked that a Council work session be set in January to discuss the long -term view of the liquor stores. Council consensus was to meet on January 20, 1998. Council consensus also was to separate the fire station building from a liquor store location. 3. BROOKDALE City Manager McCauley briefly updated the Council on recent discussions with Brookdale owners. A brief break was taken at 9:03 p.m. The work session resumed at 9:08 p.m. 4. TRUTH IN TAXATION City Manager McCauley explained the presentation process for the Truth in Taxation Hearing scheduled for December 3, 1997. He noted the overhead charts and graphs that he would be using in the presentation portion of the hearing to help explain the budget. 5. GREATER MINNEAPOLIS METROPOLITAN HOUSING CORPORATION City Manager McCauley explained that the $5,000 budget item to fund the Greater Minneapolis Metropolitan Housing Corporation would come from Unallocated: other contractual if that was satisfactory to the Council. 6. TOBACCO City Manager McCauley updated the Council on tobacco sales at Centerbrook Golf Course and the municipal liquor stores. He advised that staff would discontinue tobacco sales at the golf course since that was an open environment for children and families. Tobacco sales under those circumstances sends the wrong message. This report was in response to City Council concerns raised by Councilmember Carmody on the City selling tobacco products. The City Manager requested further discussion on tobacco sales at the liquor stores. 12/l/97 -2- DRAFT • 7. GOLF COURSE City Manager McCauley reviewed a memo from staff regarding a plan for excess revenues at Centerbrook Golf Course. A cash reserve of $50,000 should be targeted before any excess would go to the General Fund. 8. CARL NEU Council consensus was to meet on Friday, February 27, 1998, with Carl Neu for the Facilitated Council Retreat, starting at noon at the Earle Brown Heritage Center. 9. FIRE RELIEF BENEFIT LEVEL City Manager McCauley explained the proposal by the Fire Relief Association to increase the benefit level to $5,000. This item will be on the December 15 Council agenda. Finance Director Charlie Hansen explained present funding for the Association and the dilemma of defined contribution vs. defined benefit plans. Councilmember Hilstrom suggested a $500 increase rather than the $1,000 increase requested. She also questioned how our benefit level compares to other volunteer fire departments. 10. GENERAL FUND, City Manager McCauley presented a comparison of revenues to expenditures for future years, given no changes. With a projected 2.61% increase in revenues in 1999 and future years, there would be a 1999 projected shortfall of $60,420, which would be a manageable amount to reconcile in the budget process. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 10:29 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: • LeAnn Larson 12/1/97 -3- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA TRUTH IN TAXATION BUDGET HEARING DECEMBER 3, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met for the Truth in Taxation Budget Hearing and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, City Assessor Stephen Baker, and Council Secretary LeAnn Larson. • PRESENTATION City Manager McCauley explained the purpose of this meeting, that being to give the public an opportunity to make comments and ask questions regarding the proposed levy and budget. By state law, the Council may not take action to adopt the budget at this meeting. The City Manager announced that the final budget would be adopted at the December 15, 1997, Council meeting at City Hall at 7 p.m. A hearing on the budget will be held at that time. City Manager McCauley gave an overview of the 1998 proposed General Fund budget and preliminary levy. In comparison of actual operating budgets from 1997 to 1998, there is a 2.60 percent increase in revenues, including a 2.31 % increase in real estate taxes. With the police and fire bonds, total revenue will increase 8.75 percent (including a total tax levy increase of 14.47 %). Mr. McCauley stated that the Earle Brown Heritage Center projects operating self - sufficiency, the Golf Course projects cash flow of operations in order to retire principal on debt, the Economic Development Authority is moving along on the 53rd Avenue and Linkage Project, and the figures for the liquor stores will need reworking as the year progresses and plans are made to review the recently received study, as well as the dislocation of the Brooklyn Boulevard Liquor Store due to construction of a new fire station. • 12/3/97 -1- I Mr. McCauley noted the shift in tax burden from commercial properties to residential • properties. Residential properties are making up a larger percentage of the total tax burden due to changes in state law reducing mg tax capacity rates for commercial and industrial properties. Mr. McCauley also noted that the impact of the police and fire bonds is levied on market value, instead of tax capacity. PUBLIC INPUT A motion was made by Councilmember Lasman to open the public hearing. The motion was seconded by Councilmember Carmody and passed unanimously. Nancy Carlson, 6024 Aldrich Avenue North, questioned the Administrative Services charge in the budget. The City Manager explained that portions of salaries were allocated to Enterprise Funds for their share of administrative, finance, payroll, and similar costs. Ruth Johnson, 5616 Colfax Avenue North, noted an on -going code enforcement issue of a neighbor. Dan Remiarz, 6201 June Avenue North, asked about the bond issue. The City Manager responded and described the recent bond issue. Councilmember Hilstrom stated she would vote NO on the budget due to several unresolved S issues: 1) Health and safety issues involving the wading pool in the Community Center haven't been addressed. 2) The reliance of the police budget on $100,000 from inspection fees generated by Brookdale redevelopment, which may not happen. 3) The Earle Brown Heritage Center lacks a solution to capital improvements required by the structure, parking problems, and a business plan. 4) There is uncertainty concerning the City's liquor stores. 5) There is an increase in the amount budgeted for civic events. 6) The tax increment financing district for Earle Brown Heritage Center is $150,000 short. Councilmember Hilstrom suggested outcome -based funding that the City spend smarter. She stated we need to measure progress through results rather than effort. • 12/3/97 _�_ DRAFT • A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 7:55 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • • 12/3/97 _;_ 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 DECEMBER 15, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:20 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Finance Director Charlie Hansen, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. COUNCIL REPORTS Mayor Kragness congratulated Joel Downer as new Police Chief upon Chief Kline's retirement, and Jim Glasoe as Director of the newly created Community Activities, Recreation and Services Department. APPROVA OF AGENDA AND CON SENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve minutes of the November 10, 1997 -- Regular Session; November 17, 1997 -- Budget Work Session; and November 24, 1997 -- Regular Session as printed passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE MINNESOTA BOWHUNTERS. INC. • A motion was made by Councilmember Carmody to approve the application for authorization for an exemption from lawful gambling license from the Minnesota Bowhunters, Inc. The 12/15/97 -1- I I DRAFT f motion was seconded by Councilmember Peppe and . passed unanimous) PP P Y RESOLUTION APPROVING CHANGE ORDER NO. 3. ACCEPTING WORK PERFORMED. AND AUTHORIZING FINAL PAYMENT. IMPROVEMENT PROJECT NOS. 1996 -01. 02. AND 03. CONTRACT 1996 -B. ORCHARD LANE EAST. STREET, STORM DRAINAGE. AND UTILITY IMPROVEMENTS RESOLUTION NO. 97 -221 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1996 -01, 02, AND 03, CONTRACT 1996 -B, ORCHARD LANE EAST, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1997 DISEASED TREE REMOVAL PROGRAM. IMPROVEMENT PROJECT NO. 1997 -13. CONTRACT 1997 -H RESOLUTION NO. 97 -222 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1997 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1997 -13, CONTRACT 1997 -H The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. CONSIDERATION OF 1998 LIQUOR LICENSES A motion was made by Councilmember Carmody to approve the following 1998 Liquor Licenses: Class A On -Sale Intoxicating Liauor License (80% or greater food) & Sunday: The Olive Garden Italian Restaurant 91253, 1601 James Circle North Class B On -Sale Intoxicating Liauor License (50 to 79% food) & Sunday: • 12/15/97 -2- DRAFT • Applebee's Neighborhood Grill & Bar, 1347 Brookdale Mall Holiday Inn, 1501 Freeway Boulevard Chi -Chi's Mexican Restaurante, 2101 Freeway Boulevard Hilton Hotel, 2200 Freeway Boulevard Earle Brown Bowl, 6440 James Circle North The Ground Round, 2545 County Road 10 TGI Friday's, 2590 Freeway Boulevard Class C On -Sale Intoxicating (40 to 49% food) & Sunday: Lynbrook Bowl, 6357 Lilac Drive North Class F & Sundav On -Sale Intoxicating Liauor License: D'Amico Catering at Earle Brown Heritage Center, 6155 Earle Brown Drive On -Sale Club Intoxicating Liauor License: Duoos Bros. American Legion Post 630, 4307 70th Avenue North On -Sale Wine License: Dayton's Brookdale Inn, 1100 Brookdale Center Denny's Restaurant #1284, 3901 Lakebreeze Avenue North Fuddruckers, 5800 Shingle Creek Parkway 50's Grill, 5524 Brooklyn Boulevard Denny's #6887, 6405 James Circle North On -Sale 3.2 Malt Liauor License: Beacon Bowl, 6525 West River Road Chuckwagon Grill, 1928 57th Avenue North Centerbrook Golf Course & Central Park, 6301 Shingle Creek Parkway Davanni's Pizza & Hot Hoagies, 5937 Summit Drive Dayton's Brookdale Inn, 1100 Brookdale Center Denny's #1284, 3901 Lakebreeze Avenue North Fuddruckers, 5800 Shingle Creek Parkway Daddy -O's Cafe, 6219 Brooklyn Boulevard Scoreboard Pizza, 6816 Humboldt Avenue North 50's Grill, 5524 Brooklyn Boulevard Denny's #6887, 6401 James Circle North Off -Sale 3.2 Malt Liauor License: Jerry's New Market Brookdale, 5801 Xerxes Avenue North Rainbow Foods, 6350 Brooklyn Boulevard SuperAmerica #4160, 6545 West River Road • SuperAmerica #4058, 1901 57th Avenue North 12/15/97 -3- L)HAlm I The motion was seconded by Councilmember Peppe and passed unanimously. PAWNBROKER RENEWAL APPLICATION SUBMITTED BY CASH -N -PAWN. 1964_ 57TH AVENUE NORTH A motion was made by Councilmember Carmody to renew the pawnbroker application submitted by Cash -N -Pawn, 1964 57th Avenue North. The motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO AMF BOWLING CENTERS. INC.. DBA/AMF EARLE BROWN LANES RESOLUTION NO. 97 -223 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO AMF BOWLING CENTERS, INC., DBA/AMF EARLE BROWN LANES The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. LICENSES Courtesv Bench U.S. Bench Corporation 3300 Snelling Avenue, Minneapolis Gasoline Service Station Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Iten Chevrolet 6701 Brooklyn Boulevard Metropolitan Council Transit Operations 6845 Shingle Creek Parkway Bill West's Service Center 2000 57th Avenue North Mechanical Svstems Snell Mechanical, Inc. 8850 Wentworth Avenue South, Bloomington Pool and Billiards Tables Chi- Chi's, Inc. 2101 Freeway Boulevard Lynbrook Bowl 6357 Lilac Drive North • 12/15/97 -4- DRAFT • Public Dance Davidson Hotel Co. D.B.A. Minneapolis North Hilton 2200 Freeway Boulevard Rental Dwelling_ s Initial: Nicole Adams 4702 68th Avenue North Philip Clover 6331- 6401 -6425 Beard Avenue North Renewal: Germaine Pawelk 4201 Lakeside Avenue North #206 Byron & Nancy Mach 4708 -4712 Twin Lake Avenue North Karen Barton & Dan Whipp 5127 Twin Lake Boulevard East Tobacco Related Products Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Municipal #1 1500 69th Avenue North Brooklyn Center Municipal #2 6250 Brooklyn Boulevard Brooklyn Center Municipal #3 1966 57th Avenue North Duoos Bros. American Legion 4307 70th Avenue North • Jerry's New Market 5801 Xerxes Avenue North Lynbrook Bowl 6357 Lilac Drive North Minneapolis North Hilton 2200 Freeway Boulevard Neil's Conoco 1505 69th Avenue North Rainbow Foods 6350 Brooklyn Boulevard PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTERS 11. 12. 13. AND 23 OF THE CITY ORDINANCES: REPLACING THE TERM "NONINTOXICATING" WITH "3.2 PERCENT MALT" This ordinance was first read on v No ember 24 1997 published in the official newspaper, ,p and is offered this evening for a second reading and public hearing. City Manager McCauley explained that this ordinance amendment was required by State Statutes and replaces the term "nonintoxicating" with "3.2 percent malt." A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. • No public input was offered. 12/15/97 -5- D R A A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the • public hearing passed unanimously. ORDINANCE NO. 97-16 Member Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 11, 12, 13, AND 23 OF THE CITY ORDINANCES; REPLACING THE TERM "NONINTOXICATING" WITH "3.2 PERCENT MALT" The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY: ADDING NEW SECTIONS 25 -1000 THROI.7GH 25 -1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES This ordinance was first read on October 14, 1997, published in the official newspaper, tabled on November 10, 1997, and the public hearing is continued this evening. City Manager McCauley noted that the proposed ordinance was essentially the League of • Minnesota Cities /City Engineers Association model ordinance regulating the use of right -of- way. This ordinance may need to be changed in the future when the Public Utilities Commission adopts rules. However, staff feels it prudent to have an ordinance to protect the City's rights of way and to regulate placement of utilities in those rights of way. The City has enjoyed the cooperation ofNSP, Minnegasco, and U.S.West but is concerned about companies that might damage recently reconstructed streets without regulation. A motion by Councilmember Lasman and seconded by Councilmember Carmody to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. ORDINANCE NO. 97 -17 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY; ADDING NEW SECTIONS 25 -1000 THROUGH 25 -1032 TO THE BROOKLYN CENTER 12/15/97 -6- Omsk samb. A W11 • CODE OF ORDINANCES The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. PROPOSED CAPITAL IMPROVEMENT PROGRAM. 1998 -2002 City Manager McCauley asked Public Works Director Diane Spector to give an overview of the proposed Capital Improvement Program (CIP). Ms. Spector reviewed the Capital Improvement Program indicating that the scheduled street improvements for 1998 are: 1) Bellvue Neighborhood; 2) St. Al's neighborhood; 3) Lee and 68th Avenues North; 4) James and 67th Avenues North; and 5) John Martin and Earle Brown Drives. She reviewed the proposed park facility improvements, indicating for 1998 the following parks would have equipment replaced: 1) East Palmer Lake; 2) Bellvue; and 3) Happy Hollow. Evergreen and Bellvue Parks would have new shelter facilities. A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. • A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. Councilmember Hilstrom asked why the issue of the wading pool was not part of this CIP. Councilmember Carmody responded that this issue was on hold until the bond issue had passed so that a plan could be developed to address the whole Civic Center /City Hall complex. A motion was made by Councilmember Lasman to adopt the Capital Improvement Program, 1998 -2002. The motion was seconded by Councilmember Carmody and passed on a vote of Councilmembers Carmody, Lasman, Peppe, and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. CONSIDERATION OF 1998 BUDGET City Manager McCauley explained that this was the second hearing on the 1998 Budget and that additional public input would be taken tonight. Mr. McCauley outlined the General Fund Revenues for 1998, along with the General Fund Expenditures and where the money is spent. Mr. McCauley noted the shift in tax burden from commercial to residential property and the shift in property tax rates due to recent changes in state legislation.. 12/15/97 -7- DRAFT" A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. Mr. Donn Escher, Financial Commission Chair, congratulated Council and City staff on their hard work putting together the CIP. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. RESOLUTION NO. 97 -224 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. • RESOLUTION NO. 97 -225 I Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1998 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. RESOLUTION NO. 97 -226 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGET FOR THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. is 12/15/97 -8- DRAFT • RESOLUTION NO. 97 -227 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -228 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; e• Councilmember Hilstrom voted nay. • RESOLUTION NO. 97 -229 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. RESOLUTION NO. 97-230 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and,passed unanimously. • COUNCIL CONSIDERATION ITEMS 12/15/97 -9- R AF T RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1998 • City Manager McCauley explained the proposed pay plan for non -union and non - contract employees provides for a three percent increase in wage rates. This is the same percentage increase as previously authorized in the union contracts. RESOLUTION NO. 97 -231 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SET DATE AND TIME OF COUNCIL MEETINGS A motion was made by Councilmember Hilstrom to set the date and time for the following Council meetings: January 12, 1998, Regular Council meeting at 7 p.m., City Hall; January 20, 1998, Work Session at 7 p.m., City Hall; and February 27, 1998, Facilitated Council Retreat, 12 p.m. EBHC. The motion was seconded by Councilmember Carmody and passed • unanimously. CITY ADVISORY COMMISSION AUTOMATIC RESIGNATIONS City Manager McCauley explained that each City advisory commission is established and duties and responsibilities set forth, providing for removal of commission members by automatic resignation when a commission member has had three consecutive unexcused absences or unexcused absences from a majority of duly called commission meetings. Under current policy, City staff liaisons inform the Mayor of such automatic resignations. This places the City staff liaison in a tenuous position since the advisory commission members are appointed by the City Council. This could be amended to provide that the City Council liaison or the commission chair inform the Mayor of such automatic resignations. Mayor Kragness noted that since Council liaisons are already at these meetings, attendance records could be monitored by the liaison. Mr. McCauley will draft the policy change for the next Council meeting. RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS City Manager McCauley explained that the Fire Department Relief Association was requesting • 12/15/97 -10- I DRAFT an increase in their lump sum benefit to $5,000 per year of service. Van Iwaarden Associates has conducted an actuarial valuation and benefit study and determined the anticipated assets available for benefits to be sufficient to support the proposed benefit level. Councilmembers Hilstrom and Peppe questioned when the Fire Department Relief Association might be converting the plan to a defined contribution plan. Craig Swanberg, Relief Association President, said the Association is fully investigating available pension plans but that any change may involve up to two years to implement. RESOLUTION NO. 97 -232 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. • RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -14. KYLAWN PARK TRAIL LINKAGE AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE REGIONAL TRAIL INITIATIVE GRANT PROGRAM City Manager McCauley explained that City staff had applied for and subsequently been granted a conditional grant fund award from the National Recreational Trail Fund Grant Program through the Minnesota Department of Natural Resources in order to complete trail linkage providing non - motorized access to Kylawn Park from the south. The total estimated cost to construct the trail linkage project is $28,000, for which the City must match the $14,000 grant provided by the DNR. RESOLUTION NO. 97 -233 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -14, KYLAWN PARK TRAIL LINKAGE AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE REGIONAL TRAIL INITIATIVE GRANT PROGRAM • The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 12/15/97 -11- DRAFT RESOLUTION REGARDING WEST FIRE STATION CONSTRUCTION AND REVIEW • OF LIOUOR STORE OPERATIONS City Manager McCauley explained that it appears that it would be more prudent and effective to construct a freestanding fire station at 63rd Avenue North and Brooklyn Boulevard and to relocate the liquor operations presently at 63rd Avenue North and Brooklyn Boulevard to another location rather than combining both operations in one building. Combining liquor and fire would continue a situation where decisions regarding building layout and access for both fire and liquor operations would be compromised by virtue of being co- located. Councilmember Peppe suggested amending the resolution with the following wording: 1. remove the wording from paragraph two "and to relocate the liquor operations at 63rd Avenue North and Brooklyn Boulevard to another location rather than combining both operations in one building" 2. add the word "possible" before the word "location" in the last paragraph. RESOLUTION NO. 97 -234 Member Hilstrom introduced the following resolution as amended and moved its adoption: RESOLUTION REGARDING WEST FIRE STATION CONSTRUCTION AND REVIEW OF LIQUOR STORE OPERATIONS The motion for the adoption of the foregoing resolution as amended was duly seconded by member Peppe and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 8:33 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 12/15/97 -12- qh e�pOWN �NTF9 BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: December 12, 1997 SUBJECT: Application for Exemption from Lawful Gambling License. (Raffle) ® On December 12, 1997 the Brooklyn Center Police Department received an Application for Exemption.from Lawful Gambling License from Anoka County Pheasants Forever. This application is for an event to be held at the Earle Brown Heritage Center on March 7, 1998. 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. Scott Kline Chief of Police SK:kh i LG220 RevO 96 Minnesota Lawful Gambling For Board Use Only Application for Authorization for an Fee Paid. Exemption from Lawful Gambling License Check # Initals Date Recd Organ rg tion "info r . rmation;w:; w �l.v+w e. y . .... +.. ,IA• M:.y wlr Yh tv.u.,I. ' n � w i, y•L l': d,.1'.r "^ :.'... 54',.r ....IS.4,,. n�� .r:l'e .: Organization Nam ti. _• .. _ ,�;., :._:. : , ». ": °,:;�... , : ,.,�. �`` • - -Previous 4awfal - exemption number 'A �a \cam Co... -�-.. �� /Y 03 F9 9 Street + City Sta e Zip Code County , s� . -� ;� \�.: nnI'� . S 5y 3-/ Name of Chief Executive Officer of organization CEO) First Name Last Name Daytime Phone number of CEO -SCQ- I G0 , -\s , \ar (QDJ ?<< Name of Organization Treasurer First Name Last Name Daytime Phone Number of Treasurer P 4 M:x Va" of 0 R rof f D Y r P. aryl z ati 9 0 I Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: 0 Fraternal F7 IRS letter indicating income tax exempt status ❑ veterans ❑ Cettif6ate of good standing from the Minnesota Secretary of St'ate's office ED Religious A charter showing you're an affiliate of a parent nonprofit organization =Other nonprofit ❑ Prof previously submitted and on file with the Gambling Control Board Gamble _ n Premis es-lnf 9 ormat� rt Name of Establishment where gambling activity will be conducted Street City State Zip Code County ((2 . 3)4 < \,� L, t Y'/\V• . Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes which indicate the type of gambling activity your organization will be conducting ❑ 'Bingo [!5 Raffles (❑ 'Paddlewheels (❑ *Pull- tabs ❑ 'Tipboards *Equipment for these activities must be obtained from a licensed distributor *sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date & Initials of Specialist Local.Unit:of.Govern ent Jurisdiction Is this gambling premises located within city limits ?Q Yes Q No -T If Yes, write the name of the City: City Name If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: Q organized Q unorganized Q uninco "5 .. M""• N+ r • .oll xr ". .x.r I. 1 4F : ' �a��!: � .IiA'�I�';,p'�P!'11'G'h'h,.w,ti Local. Unit 'Of5G _. ,..,. ,. ouernme . .. .. 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. I The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment ofAwareness of Application Application Signature of person receiving application Signature of person acknowledging application Date Received: P Date Signed: Title of person receiving application {� Title of person acknowledging application 1 Oath of:.0 hr f e Liz � ,... e� c u 1 e: . �Oi�cer In h ave read this application and all information is true, accurate and complete. Date: Sutfmit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711, W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e.- large print, braille) upon request. Questions on this -form -should -be directed to the Licensing Section of the.Gambling Control Board at (612)639 -4000. • Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 -627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. q 31 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 7, 1998 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the Council to designate the Brooklyn Center Sun -Post to be the official newspaper for 1998. The Brooklyn Center Sun -Post meets all necessary requirements for designation. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 1998. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Minnesota Sun Publications Letter • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minnesota Statutes Section 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 1998. 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. AN 03 '96 09 16 KENNEDY ,& GRAVEN i 1 NEWSPAPERS 331AA1 ! CHAPTER 331A NEWSPAPERS II i 331A.01 Definitions. 331A.06 Feea for publication. 311A.02 Requirements for t qualified 331A,07 Affidavit of publicttion- newspaper• 331 A.03 Computation or time. 331A.03 where notice published. 331A.04 Publieation on Sunday. 331AM Desipation of a newspaper for 331A.10 Change of name or official publications, discontinuance of nt"paper. 331A.OS Form of public notices. 33)A.11 Application- - i 331A,01 DEFIN PONS. Subdivision 1. As used in sections 331 A.01 to 331 AA 1, the terms defined have the i meanings given them except as otherwise expressly provided or indicated by the con- f text. Subd. 2. "Known office of issue" means the principal office maintained by the pub- ` lisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other opera- tions of the newspaper are conducted at or from the office, and devoted primarily to I . business related to the newspaper. A newspaper may have only one known office of 4 issue. Subd. 3. - Local public corporation" means a county, municipality, school district, i ! or any other local political subdivision or local or area district, commission, board, or I . authority. Subd. 4. "Municipality" means a home rule charter or statutory city or town. ! Subd. S. "Newspaper" means a publication issued regularly by the same person or ; corporation, or a successor, whether the name of the publication is the same or differ- ent. Subd. 6. "Proceedings" means the substance of all official actions taken by the gov- erring body of a local public corporation at any regular or special meeting, and at mini - must includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or ' adopted Subd. 7. "Public notice" means every notice required or authorized by law or by 3 order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; t (b) every notice and certificate of election, facsimile ballot, notice of referendum, I notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons, order, citation, notice of We or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. �• (d) this subdivision contains no independent requirement for the publication of any public notice. 1 ' ' Subd. 8. PaP " Q newspaper" ualified means a newsp which complies with all of the !. provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shalt be taken to mean a qualified newspaper. "gttali- I,' j fled legal newspaper," "legal newspaper," "official newspaper," "newspaper," and 1 "medium of official and legal publication." (' " " means an office established b Subd. 9. Secondary office y a newspaper in a com- munity other than that in which its known office of issue is located, in the same or an ® adjoining county, to enhance its coverage of and service to that community, open on •i AN 06 '96 09 :17 KENNEDY & GRAVEN i. i I I 331A.01 NE"pgpEn 310 a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. Subd. 10. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possi- ble, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published mate - rial is only a summary and that the full text is available for public inspection at a des- ignated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which i" was summarized had been published. No liability shall be asserted against the local Public corporation in connection with the publication of a summary or agenda. History: 1984 c 543 s 20; 1986 c 444 331A -02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER, Subdivision 1. Qualification. No newspaper in this state shall be entitled to an ' compensation or fee for Publishing n Of official and legal publication. g any public notice unless it is qualified as a medium lic body that presents a public notice for p ubliication tha t it is s not q ualified To be quali- fied as a medium of official and legal publication, a newspaper shall. (a) be printed is the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches; (b) if a daily, be distributed at least five days each week, or ifnot a daily, be distrib- uted at least once each week, for 50 weeks each year. In any week in which a legal h day is included, not more than four issues of a daily paper are necessary;_ (c) in at least half of its issues each year, have no more than 75 percent of i Printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekl of its news columns devoted to news of local interest to the community which It purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to 500 copies regularly distributed without charge to local residentsbers, or have at least 1 (e) have its known office of issue established in either the county in which lies, in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; (t) file a copy of each issue immediately with the state historical society; (9) be made available at single or subscription prices to an P Partnership, or other unincorporated association requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing condit one year immed ions of this subdivision for at least iately preceding the date of the notice publication; and G) between September 1 and December 3I of each year publish and submit to the secretary of state, along with a filing fee of $25, a sworn United States Post Office sec- ond -class statement of ownership and circulation or a statement of ownership and cir- culation verified by a recognized independent circulation auditing period of not less than one year ending no earlier than the June 30 preceding the filin deadline, provided that a filing published and submitted after December 31 and before July 1 shall be effective from the date of filing through December 31 of that year. The secretary of start shall make the list available for public of newspapers whose filings have been accepted inspection. The acceptance of a filing does not constitute a guaran- tee by the state that any other qualification requirement has been met. AN 03 '96 09 :i8 KENNEDY RAVEN 'J�a P . 6' ll l NEWSPAPERS 331A.03 Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, 1 %5, as mediums of official and legal publication shall remain qualified only if they Meet the requirements of subdivision 1, except as follows: ? a . (a) if on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, and otherwise qualifies as a medium of official and legal publication pursuant to the f ' requirements of subdivision 1, it shall be a medium of official and legal publication so i' long as it otherwise qualifies pursuant to the requirements of subdivision I. '• ;' I (b) If on May 20, 1965, any newspaper has been circulated in and near the munici- pality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are regularly so ' r circulated and delivered and it otherwise qualifies pursuant to the requirements of sub- division 1. Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or : ! invalidate a designation as official newspaper for publication of county board proceed - itlgs. f (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dis- pute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change -of the day of publication, the frequency of publication, or the change ' f w I o the kno office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a medium of official and legal ► _ publication until the newspaper again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. Any person interested in the standing ' as a medium of official and legal publication of a newspaper, may petition the district court in the county in which the newspaper has its known office of issue for a declara- ! tory judgment whether the newspaper is qualified as a medium of official and legal pub- lication. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made b i y publication ... •: of the petition and summons once each week for three successive weeks in the news- paper or newspapers the court may order and upon the persons as the court may direct. ±. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil procedure shall apply to the action. 1 History: 1984 c 543 s 21. 1985 c 174 s 1; ISp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17 !• 1 331A.03 WHERE NOTICE PUBLISHED. �4 it Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated municipality ! !' or area and no qualified newspaper is located there, publication shall be made in a qual- ified newspaper likely to give notice unless the particular statute or law expressly pro- vides otherwise. If no qualified ncwspaper exists, then publication is not required. JAN, 08 '96 09 18 KENNEDY & GRAVEN 7 ' � 1 331AA3 NEWSPAPERS 312 Subd. 2. Exception; certain cities of the fourth class. A public notice required to 1 - t be published by a statutory or home rule charter city of the fourth class located in the 473.121 subdivision 2 - metropolitan area defined in section , is not required to be pub- P lished in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed „ means of giving notice that is prepared by the city and either mailed or delivered to ' each household in the city. r. History: 1984 c 543 s 22, 1991 c 53 S I 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. The governing body of any local public corporation, when autho- rized or required by statute or charter to designate a newspaper for publication of its s official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority. Subd. 2. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be desig- nated. Subd. 3. When no qualified newspaper has a known office of issue located in the local public corporation, but one or more qualified newspapers maintain a secondary ' h office there, one of them shall be designated. Subd. 4. When no qualified newspaper has its known office of issue or a second• ary office located within the local public corporation, then a qualified newspaper of gen- eral circulation there shall be designated. Subd. S. If a local public corporation is without an official newspaper, or if the pub- lisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The govern- ing body of a local public corporation with territory in two or more counties may, if • deemed in the public interest, designate a separate qualified newspaper for each county. History: 1984 c 543 s 23 33M FORM OF PUBLIC NOTICES. Subdivision 1. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last pub - lication shall occur not more than l4 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Except as otherwise directed by a particular statute requiring publication of a public notice, a public notice shall be printed in a type face no smaller than six point with a lower case alphabet of 90 point. Larger type faces may be used. Subd. 4. Every public notice shall include a title or caption in a body type no small- er than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. The governing body of a local public corporation may, to better inform the public, increase the frequency of publication of a public notice beyond the mini- mum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. It may publish or disseminate the notice in other newspapers in addition to the newspaper required to be designated under section 331A.04. Regardless of whether a particular statute specifies "legal notice," "public notice." "notice," or uses similar terms, the gov- >A December 15, 1997 SUN City of Brooklyn Center PUBLICATIONS Attention: Sharon Knutson ^ 6301 Shingle Creek Parkway Sun •Sai4or br Brooklyn Center, MN 55430 Dear Ms. Knutson: The Sun -Post would like to be considered for designation as the legal newspaper for the City of Brooklyn Center for the year 1998. Communicating with the people of your community is the primary factor for a city when selecting a legal publication. In a survey conducted this year, it was found that 90% of our readers read the Sun -Post regularly. Combined with the highest penetration of households and the source of local news for Brooklyn Center, we offer the best vehicle to reach your community. The rate structure for legals effective January 1, 1998 will be: 1 column width $ 1.24 per line for first insertion $ .60 per line for subsequent insertions Discounts are available depending on format sent. Notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2 p.m. the Thursday prior to publication. For notices that are six pages or more in length, the deadline is an extra 24 hours in advance. Please notify us of your decision and we will send you details on deadlines, discounts and transmission specifications. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 896 -4809. We appreciate your considering the Sun -Post as the official newspaper for Brooklyn Center in 1998. It has been a pleasure serving you and we look forward to working together in reaching your community in this coming year. Sincerely, i Doug Dance Publisher • 'Source: Pulse Research, Inc. April 1997. 7831 East Bush Lake Road • Bloomington, MN 55439 • (612) 896 -4700 9d MEMORANDUM DATE: January 2, 1998 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineers/ SUBJECT: Resolution Approving Change Order No. 2, Accepting Work Performed, and Authorizing Final Payment, Improvement Project Nos. 1996 -06, 07 and 08, Contract 1996 -G, Logan, James, Knox and 57th Avenues, Street, Storm Drainage and Utility Improvements On June 10, 1996, the City Council awarded a contract for the subject improvement to Northdale Construction, Inc. of Rogers, Minnesota. As provided per Resolution No. 96 -115, approved by the City Council, a 15 per cent contingency in the amount of $303,756.91 was added to the original contract bid for a total projected contract cost of $2,328,796.07. The contingencies are added to cover the cost of construction for those items that are unknown at the time of plan preparation, omissions and/or utility conflicts discovered only after actual construction commences. The original contract amount was $2,025,046.07. On February 24, 1997, the City Council approved Change Order No. 1 which revised the contract amount to $2,075,167.03. The total amount of Change Order No. 2 is $25,757.20. Combined with Change Order No. 1, the total amount of change orders for this project is $75,878.16, or 25 per cent of the approved 15 per cent contingencies. The total final contract amount would therefore total $2,095,882.23. Change Order No. 2 essentially consists of additional quantity items (primarily aggregate base, bituminous pavement, storm sewer, and curb and gutter) to slightly extend the improvement west to include portions of 54th Avenue and 56th Avenue that border Logan Avenue corner properties. This work was performed primarily at the request of corner property owners who desired to see the improvement completed around the corner and along their entire property. Complete improvement around the corner properties is generally consistent with the work performed on past projects, and also eliminates the need to improve those segments in future projects. The additional work was therefore completed accordingly, and the property owners were assessed for the improvements. The Contractor and the Engineering Department typically agree to carry any extra work invoices and overruns of quantities until the contract has been substantially completed. This eliminates the necessity to prepare change orders each month for council approval. The City also benefits • by continuing interest earnings on unexpended funds. • The project is now complete. The project was substantially completed in November of 1996, and the final wear course, sidewalk and turf restoration for 57th Avenue were all completed in the Spring of 1997. However, some surface texture problems with several concrete driveway aprons remained. These problems have been addressed, and were repaired and/or resolved accordingly in October of 1997. In addition to the standard one -year construction warranty, the Contractor has also offered a 2 -year warranty on the driveway apron repairs, effective October of 1997. It is recommended to approve Change Order No. 2 and accept the work performed in the amount of $2,095,882.23 • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1996 -06, 07 AND 08, CONTRACT 1996 -G, LOGAN, JAMES, KNOX AND 57TH AVENUES, STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Northdale Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract; and WHEREAS, Change Order No. 2 in the amount of $25,757.20 for the above stated project and contract is hereby approved: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $2,095,882.23 • 2. The work completed under said contract is accepted and approved according to the following schedule: Costs Per Bid Final Construction $2,025,046.07 $2,020,004.07 Contingency(15 %) /Change 303,756.91 75,878.16 Orders Subtotal $2,328,802.98 $2,095,882.23 Sewer Lining - - -- I 16,942.00 Reforestation - - -- I 7,268.51 Engineering 232,880.00 371,577.83 Consultant *337,222,83 Staff 29,385.00 Testing 4,970.00 Administration/Legal (3 %) 69,860.00 63,353.00 Capitalized Interest I - - -- 39,266.00 • I Total Costs I $2,631,542.98 ( $2,594,289.57 *Consultant Engineering includes Phase II modeling of entire SE neighborhood. • RESOLUTION NO. Revenues I Per Bid Final MSA Regular I $ 985,236.49 $1,067,455.69 MSA Local I (226,836.53) I (326,886.91) General Fund I 371,005.58 I 476,611.00 Water Utility I 311,305.58 ( 319,083.29 Sanitary Sewer Utility I 397,135.98 I 398,383.39 Storm Drainage Utility I 252,360.44 I 296,045.11 Special Assessments: Street 288,975.00 270,236.00 I Special Assessments: Drainage I 252,360.44 93,362.00 I � I I Total $2,631,542.98 $2,594,289.57 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEMORANDUM DATE: January 2, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 50 SUBJECT: Resolution Approving Change Order Number 1, Improvement Project No. 1997 -17, Contract 1997 -N, Shingle Creek Regional Pond On October 27, 1997, the City Council awarded a contract in the amount of $727, 467.45 to DKH Excavating, Inc. for construction of the Shingle Creek Regional Pond. Construction has commenced and is proceeding ahead as scheduled. A significant portion of the funding for this project is being provided as a result of a grant agreement between the State of Minnesota Department of Trade and Economic Development Community Development Division and the City of Brooklyn Center. The City of Brooklyn Center is also sharing a portion of the construction costs. Since the contract was awarded, an issue regarding prevailing wage rate requirements has been raised. • Minnesota Law states that certain projects receiving grants from the State of Minnesota do require worker compensation in accordance with State of Minnesota Prevailing Wage requirements. Because this was a utility project, it was unclear whether it would be required to be a prevailing wage contract as compared to a street project, which very clearly is required to be prevailing wage. In the end, the contract specifications did not include specific stipulations for the payment of said wage requirements. However, since that time some debate and question has arisen whether or not prevailing wage rates are indeed required for this particular project. Upon an extensive examination of the specific nature of the project, funding sources, and legal interpretation of State Statutes, the City Attorney has recommended that prevailing wage requirements be in effect for this contract. The application of prevailing wage rates will result in a higher overall cost to the Contractor to complete the project. The Contractor has therefore been requested to submit revised unit cost figures and documentation justifying price increases to meet the prevailing wage requirements. The documentation requested and received consists of hours and wages initially utilized by the Contractor in assembling the initial bid. Utilizing existing references and records for unit prices, expected work hours, material costs, and listings of the most current prevailing wage rates, we have been able to verify with a reasonable degree of confidence that the price adjustments submitted by the Contractor are justified. Specific increases vary between line items, depending upon the amount of work hours and type of work (i.e., excavating, hauling, trenching, etc.), required to complete each task. Based on the contract quantities, the resulting requirement of prevailing wages will result in an estimated increase to the original contract amount of $65,472.58, or an increase of 9 per cent. Obviously, the exact amount of the increase will depend on the final and actual quantities of work completed. Although it is unfortunate that the prevailing wage requirement was inadvertently not included in the original contract specifications, it is very likely that such inclusion would have raised the amounts submitted by the seven other bidders as well. However, it should be mentioned that even • increase, the overall revised contract amount ($792,940.03) for DKH is still significantly lower than the second low bid submitted (Jay Brothers, Inc. at $827,633.32). Council Recommendation It is recommended that the City Council approve the attached resolution authorizing prevailing wage requirements in accordance with Minnesota Law, and adjustment to the Contract 1997 -N accordingly. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION APPROVING CHANGE ORDER NUMBER 1, IMPROVEMENT PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND WHEREAS, a contract in the amount of $727,467.45 was awarded to DKH Excavating, Inc., of Shakopee, Minnesota on October 27, 1997 for construction of Improvement Project No. 1997 -17, Contract 1997 -N; and WHEREAS, funding sources for the project suggest that prevailing wage requirements are required in accordance with Minnesota Law; and WHEREAS, the contract documents in their current form do not include sufficient provisions for prevailing wage requirements; and WHEREAS, it is recommended that prevailing wage requirements be included in said contract in accordance with Minnesota Law; and WHEREAS, the inclusion of prevailing wage requirements will result in adjustments to unit prices and contract amount awarded to DKH Excavating, Inc. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The contract documents for Project No. 1997 -17, Contract 1997 -N are revised to include prevailing wage requirements in accordance with Minnesota Statute 177.41. 2. Contract prices for Contract 1997 -N shall be adjusted as provided per Exhibit A (attached): 3. The total contract amount for Contract 1997 -N shall be revised to a total amount of $792, 940.03. 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. • • �HKAk, Improvement Project No. 1997 -17 SEH No. BROCT9605.05 BID TABULATION with Change Order #1 DKH Excavating, Inc. Spec. Change Order M' Spec. Unit Price Total Section No. Item Unit Ouantitj Addition Additonal Price 01505 2021.501 MOBILIZATION LUMP SUM 1 $1.231.00 $1,231.00 02115 2101.502 CLEARING TREE 50 $12.14 $807.00 02115 - 2101.504 GRUBBING TREE 50 $2.08 $tO4.00 02074 2104.501 REMOVE CHAIN LINK FENCE LIN FT 20 i $1.25 $25.00 02074 2104.501 REMOVE CONC. C & G LIN FT 72 $0.49 $35.28 02074 2104.501 REMOVE CULVERT PIPE LIN FT 215 - $0.24 $51.60 02074 2104.501 REMOVE 16' STEEL WATER MAIN LIN FT 335 $1.76 $589.60 02074 2104.505 REMOVE PAVEMENT SQ YD 565 $0.20 $113.00 02074 2104.509 REMOVE TIMBER PLANTER EACH 1 - $23.00 $23.00 M 02074 2104.509 REMOVE EXISTING PILE CAP EACH 20 $14.75 $295.00 02074 2104.509 REMOVE CONCRETE SWALE EACH 1 02074 2104.513 SAWING BITUMINOUS PAVEMENT LIN FT 175 $0.42 $73.50 02074 2104.521 SALVAGE CHAIN LINK FENCE LIN FT 180 $0.14 $25.20 .�. MAINTENANCE AND RESTORATION OF HAUL 01555 0105.603 ROAD LUMP SUM 1 $954.00 $9`'4.00 02223 0105.603 TEMPORARY CONTAMINATED SOIL STOCKPILE CU YD 748 $0.07 02223 0105.603 DISPOSAL OF CONTAMINATED SOIL CU YD 100 $1.56 $'1 §6.00 02221 0105.603 LIGHT WEIGHT AGGREGATE (LWA) CU YD 1506 $1.10 $1,656.60 02221 0451.602 3/4' TO 1 1/2" CRUSHED ROCK TON 3070 $1.10 $3,377.00 D 02275 0105.609 GEOTEXTILE FABRIC TYPE IV SO YD 5934 $0.53 $3,145.02 02226 2105.501 COMMON EXCAVATION (P) CU YD 1248 02772 2105.505 MUCK EXCAVATION (CITY) CU YD 15000 $1.11 $16,650.00 02772 2105.505 MUCK EXCAVATION (CONTRACTOR)) CU YD 2467 $0.46 $1,134.82 02226 2105.535 SALVAGED TOPSOIL CU YD 1725 02226 0105.603 WOOD CHIP BORROW CU YD 175 $1.24 X217.00 02507 2211.501 AGGREGATE BASE, CLASS 5 TON 186 $0.87 $1'81.82 02576 2232.501 MILL BITUMINOUS SURFACE SO YD 385 02511 2340.508 TYPE 41 WEARING COURSE TON 104.5 02511 2340.512 TYPE 31 BASE COURSE TON 531 02547 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 36 04248 0411.603 MODULAR BLOCK RETAINING WALL SO FT 442 - $4.121 $1,821.04 12/09/97 Page 1 BIDTAB3.WK4 t • AWHMENT Improvement Project No. 1997 -17 SEH No. BROCT9605.05 BID TABULATION with Change Order #1 DKH Excavating, Inc. Spec. Change Order' Spec. Unit Price Total Section No. Item Unit Ouantlty Addition Additonal Price 02455 0452.602 PILE DRIVING ANALYZER LUMP SUM 1 02455 0452.602 PILING SADDLE EACH 2 $243.00 $486.00 02455 0452.602 PILE CAP EACH 20 $60.70 $1,214.00 02455 0452.602 TIMBER PILE CUTOFF EACH 8 $12.13 $97.04 02455 2452.507 C.I.P. CONC. PILING DELIVERED 12" LIN FT 595 C.I.P. CONC. TEST PILE, 85 FEET LONG FROM 02455 2452.508 CUTOFF EACH 1 X _0 _24 C.I.P. CONC. PILING DRIVEN 12" LIN FT 520 _ 02720_ 2501.511 4' -1' x 9' -7" ALUMINUM BOX PIPE CULVERT LIN FT 176 $13.80 $2,428.80 02720 2503.541 42" DIP STORM SEWER, CL 56 LIN FT 90 - $13.49 $1,214.10 _0 2503.541 24' HDPE STORM SEWER LIN FT 498 $1.83 $911.34 02720 2503.541 42' HDPE STORM SEWER LIN FT 188 $4.52 $849.76 02720 2503.541 12" RCP STORM SEWER, CL. 5 LIN FT 25 $4.84 $121.00 02720 2503.541 42' RCP STORM SEWER, CL. 4 LIN FT 51 $23.80 $1,213.80 02720 2503.573 INSTALL ALUMINUM HEADWALL 8 WINGWALL EACH 6 $582.67 $3,496.02 02720 2503.573 12" RCP APRON EACH 1 - $37.00 $37.00 02720 2503.573 24" HOPE APRON EACH 2 $48.50 $97.00 02720 2503.573 42" CMP APRON EACH 1 $121.00 $121.00 02300 2503.541 42' JACKED RCP STORM SEWER, CL. 4 LIN FT 190 02300 0503.541 DEWATERING FOR JACKING LUMP SUM 1 $1,214.00 $1,214.00 02720 2506.502 MANHOLE 2, EACH 1 $486.00 $486.00 02720 2506.502 MANHOLE 3 EACH 1 $607.00 $607.00 02720 2506.502 MANHOLE 4 EACH 1 $680.00 $680.00 02720 2506.502 MANHOLE 5 EACH 1 $789.00 $789.00 02720 2506.502 CONSTRUCT DRAINAGE STRUCTURE, EACH 1 SPECIAL STRUCTURE NO. 6 $6,416.00 $6,416.00 02720 0506.502 DEWATERING FOR SPECIAL STRUCTURE NO. 6 LUMP SUM 1 $1,214.00 $1,214.00 02720 2506.516 CASTING ASSEMBLY, R -3250A EACH 1 = $73.00 $73.00 02720 2506.516 CASTING ASSEMBLY, R -1733B EACH 3 $73.00 $219.00 01145 0506.998 POWER OUTAGE LUMP SUM 1 01145 0506.999 LOCATE POWER CONDUIT LUMP SUM 1 $49.001 $49.00 12/09/97 Page 2 BIDTAB3.WK4 • • *HME14% . Improvement Project No. 1997 -17 SEH No. BROCT9605.05 BID TABULATION with Change Order #1 DKH Excavatinq, Inc. Spec. Change Oder •1 Spec Unit Price Total Section No. Item Unit Quantity Addition Additonal Price 02660 0504.602 CONNECT TO EXISTING WATER MAIN EACH 2 - $64.50 $129.00 02660 0504.602 16' BUTTERFLY VALVE WITH MANHOLE EACH 1 $728.00 $728.00 02660 0504.602 CUT 16' DIP CL 52 EACH 20 $24.25 $485.00 02660 0504.603 16' WATER MAIN DIP CL 52 LIN FT 335 - $8.70 $2,914.50 02660 0504.605 INSULATION SQ YD 16 $3.06 $48.96 02275 2511.501 RANDOM RIPRAP, CLASS 1 CU YD 579 $3.44 $1,991.76 02275 2511.501 RANDOM RIPRAP, CLASS 2 CU YD 110 X4.81 $529.10 02522 2531.501 CONC. CURB & GUTTER, DESIGN B612 LIN FT 78 $2.49 $194.22 02522 2521.501 W CONCRETE DRIVEWAY PAVEMENT SQ YD 2.1 - $23.33 $48.99 INSTALL CHAIN LINK FENCE, VINYL COATED 02830 0557.603 FABRIC (GREEN) LIN FT 100 $3.88 $388.00 02830 2557 .517 INSTALL VEHICULAR GATE EACH 1 02830 0557.603 INSTALL SALVAGED CHAIN LINK FENCE LIN FT 180 $1.08 $194.40_ 02130 2573.501 BALE CHECK EACH 40 $3.03 $121.20 02130 2573.502 SILT FENCE, HEAVY DUTY LIN FT 2945 $0.31 $912.95 02130 2573.505 FLOATING SILT FENCE LIN FT 95 $2.04 $193.80 02130 0573.999 ROCK CONSTRUCTION ENTRANCE SQ FT 1000 $0.06 $60.00 ADDED FOR CHANGE ORDER 1 I Original Change Order 1 CONTRACT AMOUNTS $727,467.45 TOTAL CONTRACT AMOUNT WITH CHANGE ORDER: 12/09/97 Page 3 BIDTAB3.WK4 9'r: • MEMORANDUM DATE: December 29, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer, SUBJECT: Resolution Establishing Improvement Project No. 1998 -16 , MAC Park Nature Preserve Trail Project and Naming Fiscal Agent for Administration of Grant Funds Received Through the Regional Trail Initiative Grant Program This past year, an application was submitted to the Minnesota Department of Natural Resources (DNR) for funds to assist in the improvements to trails within the MAC Nature Preserve Area. The funding requested was made available to selected applicants as part of the National Recreational Trails Grant Program. The program makes funding available for specific projects with a 50% local match required. Projects are awarded funds based upon specific Federal and State review criteria, and the degree of need and justification provided by applicants. Recently, notification was received that funding as been approved for trail improvements within g PP P the MAC Na • tore Preserve area. MAC Park is a wetland/wildlife area nestled on the east side of the Crystal Airport and bordering the cities of Brooklyn Center and Crystal The land is owned by the Metropolitan Airports Commission (MAC) but leased to the Cities of Crystal and Brooklyn Center for park purposes. The site is a unique undisturbed natural and wetland area that provides considerable natural enjoyment and education by the general public. Smaller pockets of higher timbered areas also exist. The combined wetland and wooded areas provide substantial amounts of wildlife habitat and natural amenities that are enjoyed b man residents Y Y of both cities. However, for most of the year, it is not possible to access the entire park (in particular the northern part) because of wet conditions and standing water. The park is directly accessible from both cities at several locations, including Kylawn Park. Signs identifying the nature area are posted at entrances in each City. An unfinished looped trail system currently exists around the perimeter of the park. A substantial portion of the trail has been improved with wood chips and some boardwalk using available funds and some volunteer work. However, the northern portion of the loop is unimproved and unaccessible during the majority of the year due to wet conditions, standing water and considerable amounts of vegetation. As part of the trailway improvements, it is desired to construct a timber boardwalk and bridge over this unimproved portion in order to complete the trail loop. The proposed project would therefore include the construction of about 400 total feet of boardwalks and trail improvements. This would complete a perimeter trail system for use by walkers, runners, cross country skiers, and school and nature groups. • • The estimated cost of the improvements is $25,000. $12,500 would be available from the DNR grant, with the remaining cost being split between the cities of Crystal and Brooklyn Center (each City's cost $6,250). Funds have been earmarked in the 1998 budget to cover the City's share of the costs. Although the matching grant money has been approved by the DNR, an extensive amount of administrative work must be completed before funding may be released. This work includes required reviews and approvals of the local watershed, environmental assessment worksheets, wetland impact reviews, etc. In addition, a resolution and/or legal certification from the governing authority (applicant) must be provided that demonstrates the following: 1. Shows concurrence with the trail development being partially funded by the Regional Trail Initiative Grant Program, and 2. Names the fiscal agent from the unit of government for the project. Council Recommendation Approve the attached resolution establishing Improvement Project No. 1998 -16, MAC Park Nature Preserve Trail Project and Naming Fiscal Agent for the Administration of Grant Funds Received Through the Regional Trail Initiative Grant Program. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ i RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -16, MAC PARK NATURE PRESERVE TRAIL PROJECT AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE REGIONAL TRAIL INITIATIVE GRANT PROGRAM WHEREAS, the cities of Brooklyn Center and Crystal desire the completion of trail improvements within the MAC Nature Preserve property; and WHEREAS, the total estimated cost to construct said trail improvement project is $25,000; and WHEREAS the cities of Brooklyn Center and Crystal have applied fo y ry pp rand subsequently been granted a conditional grant award from the National Recreational Trail Fund Grant Program through g the Minnesota Department of Natural Resources in an amount of 12 P $ , 500 for said project; and WHEREAS, a total matching amount of $12,500 must be provided by the cities of Brooklyn Center and Crystal to provide for the completion of said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1998 -16 , MAC Park Nature Preserve Trail Project is hereby established. 2. The City of Brooklyn Center acknowledges and accepts grant money from the National Recreational Trail Grant Program through the Minnesota Department of Natural Resources in the amount of $12,500. 3. A local matching amount of $6,250 from the City of Brooklyn Center's MSA- local fund will be provided for Brooklyn Center's share for completion of the project. 4. The Finance Director of the City of Brooklyn Center shall serve as Brooklyn Center's fiscal agent for said project. i i • RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • s �, _. '� �,.uu� � � J � � �}-- -, JJL. ou i �c�ac�oc ��� ion ��-'�u ; � ; �,�� � Gam,;_ ,--, '�, I�I��i�� �c��oo � � `� a aaa000 I , �����i EGG . %�L� � �,� - - ={ PROJECT A 10000 TOME CLEM F1 0 E E 7L 0 Ell R 2 i 0 0 J UODO 0 E ETI unoom : -ji - 0000TITATHI JTP U10 I T T TT L � U DIE 10 1 ID F, F I T C ITY OF BROOKLYN CENTER I MAC/PRESERVE TRAIL IMPROVEMENTS 9 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director G H DATE: January 5, 1998 SUBJECT: Resolution Designating Depositories of City Funds In January of each year, the City Council has passed a resolution designating the financial institutions which are authorized as depositories of City funds. Marquette Bank Brookdale is where the City has all of its checking accounts. The first eight institutions listed in section two are where the City has various investment or debt service accounts. No business is currently conducted at Juran & Moody, Inc., but they are listed to provide competitive options for purchasing investments. No business is currently conducted with the last two banks listed in section two, but they are listed because they are local banks and may be used if it is in the City's interest to do so. i Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DESIGN TING DEPOSITORS 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 g ty g 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 First National Bank of Minneapolis First Trust Bank of St Paul Norwest Bank Minneapolis Firstar Bank of Minnesota Minnesota Municipal Money Market Fund Dain Bosworth Smith Barney Juran & Moody, Inc. Firstar Bank of Brooklyn Center Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds in accounts guaranteed b the P tY � Y 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 First Data Corp. is hereby designated as the clearinghouse depository for credit card sales of the Liquor Stores. • RESOLUTION NO. • 4. that the city manager, city treasurer, and deputy city treasurer are authorized by the City Council 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. 5. that the city manager is Michael J. McCauley, the city treasurer is Charles R. Hansen, and the deputy city treasurer is Timothy R. Johnson. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • MEMORANDUM 9h 0 TO: Michael J. McCauley, City Y tY g FROM: Charlie Hansen, Finance Director C H DATE: January 5, 1998 SUBJECT: Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 1998 On May 13, 1996, the City Council adopted by motion a policy recommended to them by the Financial Commission and the staff which established a method for annually setting interest rates for special assessments and internal loans. The policy uses the net interest rate from the City's most recent bond sale and adds another two percent to cover the cost of administration and provide protection from changes in market interest rates over the life of the special assessment. The exception to using our last bond sale would be if we didn't have one in the past year or if interest rates had changed substantially since then. In the case of this year, we did have a bond sale on December 1, 1997 and interest rates haven't changed substantially since then. The attached resolution sets the interest rate at 6.5 % for the year 1998. This rate will be used on any special assessments levied during 1998 and means that internal loans will also be charged 6.5 %. We have been using 7 % for these purposes since 1994 when the City Council adopted that rate in Resolution 94 -08. • adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RA TES FOR TH YEAR 1 998 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 %, with the result rounded off to the nearest half percent; and WHEREAS, the City of Brooklyn Center last sold bonds on December 1, 1997 at a net interest cost of 4.4901 %. 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 6.5 %, effective for the year 1998. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEMORANDUM DATE: January 2, 1998 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer 56 SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1996 -10, Contract 1996 -H, 53rd Avenue North from Xerxes to Upton Avenues, and Xerxes Avenue North from 49th to 53rd Avenues On March 11, 1996, the City Council approved a resolution ordering the above improvement project for certain streets shared with the City of Minneapolis. A cooperative agreement with the City of Minneapolis was also approved, which essentially provided for construction of the improvements by City of Minneapolis forces with the City of Brooklyn Center agreeing to pay for its share of the costs. The improvement consisted of reconstruction of the above mentioned streets along with some storm sewer construction as well. • The project was basically completed in 1996. Some restoration and driveway work remained to be completed in the spring of 1997, and this work has all been completed in a satisfactory manner. A final billing from the City of Minneapolis has been received. The total project cost billed by Minneapolis is $158, 787.83. The cost to the City of Brooklyn Center as estimated in the original agreement was $168,000.00. All work has been completed to the satisfaction of the City of Brooklyn Center. It is therefore recommended that the City Council approve the attached resolution, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1996 -10, Contract 1996 -H, 53rd Avenue North from Xerxes to Upton Avenues, and Xerxes Avenue North from 49th to 53rd Avenues. • adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1996 -10, CONTRACT 1996 -H, 53RD AVENUE NORTH FROM XERXES TO UPTON AVENUES, AND XERXES AVENUE NORTH FROM 49TH TO 53RD AVENUES WHEREAS, on April 22, 1996, per Resolution No. 96 -91, the City Council of the City of Brooklyn Center approved a cooperative agreement with the City of Minneapolis for the completion of Improvement Project No. 1996 -10; and WHEREAS, pursuant to said agreement, City of Minneapolis, Minnesota has satisfactorily completed said improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made in accordance with said agreement to the City of Minneapolis. The total amount to be paid for said improvement shall be $158,787.63. • 2. The work completed under said agreement is accepted and approved according to the following schedule: Costs As Approved I Final Construction (Billings from $168,000.00 $158,787.63 City of Minneapolis) Brooklyn Center Costs I Engineering ! 3,105.20 Administration/Legal (3%) ( 5,040.00 I 4,763.63 Total Costs $173,040.00 $166,566.46 Revenues Final MSA Local $119,528.00 I $118,604.46 • Special Assessments: Street 53,512.00 47 962.00 I I Tom I $173,040.00 ( $166,566.46 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. • • 9 t J • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR IRE OR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88 -24 authorizing Brooklyn Center's membership in a joint powers group known as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a y pp representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. • 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 of Brooklyn Center �K A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk j DATE: January 8, 1998 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on January 12, 1998: BOWLING ALLEY • Beacon Bowl 6525 Lyndale Avenue North COMMERCIAL KENNEL Pandora's Box Veterinary Clinic 4902 France Avenue North GASOLINE SERVICE STATION Duke's Mobil 6501 Humboldt Avenue North Humboldt Unocal 76 6840 Humboldt Avenue North MacMillan Bloedel 4810 Lilac Drive North Mobil #504/Randy Rau 6849 Brooklyn Boulevard Neil's Conoco 1505 69th Avenue North Osseo- Brooklyn Bus Company 4435 68th Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road Terry Presler Amoco 6044 Brooklyn Boulevard U. S. West 6540 Shingle Creek Parkway MECHANICAL SYSTEMS Metro Sheet Metal, Inc. 1708 Gervais Avenue, Maplewood Northwest Sheetmetal Co. of St. Paul 110 Sycamore Street West, St. Paul Riccar Corporation 2387 136th Avenue NW, Andover • Westair, Inc. 11184 River Road NE, Hanover 6301 Shingle Creek Pkwy, Brooklyn Center, JVN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Licenses -2- January 8, 1998 POOL AND BILLIARD TABLES CDL Company 12322 Business Park Boulevard, Champlin @ Brooklyn Center Comm. Center 6301 Shingle Creek Parkway RENTAL DWELLINGS Initial: Darnella Anderson 5103 Xerxes Avenue North Renewal: Gary Schultz 4220 Lakeside Avenue North SIGN HANGER Brite Image 10025 Raleigh Court, Woodbury DeMars Signs, Inc. 410 93rd Avenue NW, Coon Rapids TOBACCO RELATED PRODUCTS Drug Emporium 5900 Shingle Creek Parkway Duke's Mobil 6501 Humboldt Avenue North • K -Mart 5930 Earle Brown Drive Mobil #503/Randy Rau 6849 Brooklyn Boulevard SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road Stummy's Cigar 6066 Shingle Creek Parkway, #179 TGI Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Walgreens #04320 6390 Brooklyn Boulevard • Member introduced the following resolution and moved !Da its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SCOTT KLINE, JR. WHEREAS, Scott Kline, Jr., has been an employee of the City of Brooklyn Center, Police Department, from January 17, 1966, to January 7, 1998; and WHEREAS, Scott Kline, Jr., has been the Chief of Police from 1994 to 1998; and WHEREAS, Scott Kline, Jr., has faithfully served the residents of Brooklyn Center as a patrol officer, investigator, sergeant, and captain; and WHEREAS, Scott Kline, Jr., has been a proponent of community policing initiatives including the D.A.R.E. Program, National Night Out, and Citizen's Award Program; and WHEREAS, Scott Kline, Jr., has improved public safety at the local, state, and national levels by his membership and participation in the Brooklyn Center Crime Prevention Program, the Hennepin County Chiefs of Police Association, the Minnesota Chief s of Police Association, the Southern Police Institute Alumni Association, and the International Association • of Chief s of Police; 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 that the dedicated public service of Scott Kline, Jr., 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. 10h • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Advisory Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Advisory Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: • Sharon Achtelik Human Rights and Resources esources Commission Michael desParois, Housing Commission Nancy Doucette, Human Rights and Resources Commission Ned Storla, Financial Commission Henry Yang, Housing Commission is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. 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. - - • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 7 Zmm DATE: January 7, 1998 SUBJECT: Select Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern Section 2.06 of the City Charter requires the Council to choose from its members a Mayor pro tem who shall hold office at the pleasure of the Council and shall serve as Mayor in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tern of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor pro tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council • members by seniority. Debra Hilstrom (elected November 8, 1994, with 5,193 votes) Kathleen Carmody (elected November 8, 1994, with 4,201 votes) Kay Lasman (elected November 5, 1996, with 5,775 votes) Robert Peppe (elected November 5, 1996, with 5,092 votes) In 1997, Kathleen Carmody was appointed Mayor pro tem and Debra Hilstrom was Acting Mayor pro tem. For 1998, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Kay Lasman as Mayor pro tem. Debra Hilstrom would serve as Acting Mayor pro tem. Attachment: Resolution No. 92-262 • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 - City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 - FAX (612) 569 -3494 An Affirmative Action/ Equal Opportunities Employer Member Dave Rosene introduced the following resolution • and moved its adoption: D RESOLUTION N0. 92-262 o p 0 c� RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tern who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tern may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting, president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor -pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Pauison, Mayor ATTEST: -PiA- . Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • Cit y o f Brooklyn Center /Od y A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilst om, La an, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 7, 1998 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The last paragraph of the resolution directs the City Manager to place it on the agenda for readoption the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF Pn4TTTl�NC WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commission other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and • WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers"; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of • this Charter; and • RESOLUTION NO. WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. • NOW, THEREFORE, BE IT RESOLVED by City the Ci Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of ' interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or • relative instead of the public interest, shall be subject to censure by the City Council. RESOLUTION NO. is 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. 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 of Brooklyn n Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: January 8, 1998 SUBJECT: Proposed 1998 City Council Meeting Schedule Attached is a proposed 1998 City Council meeting schedule. The Regular Sessions of the City Council are scheduled for the 2nd and 4th Monday at 7 p.m. If the Monday meeting falls on a holiday, the meeting is scheduled the next day, as is the case on May 26 and October 13. Two work sessions are scheduled, one on January 20, and one on March 16. A facilitated Council retreat is scheduled for Friday, February 27, with Carl Neu. The election canvass board meetings are also scheduled for the Wednesday after the elections at 5 p.m. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, YIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center 0 Proposed 1998 City Council Meeting Schedule JANUARY JULY 12 - Regular Session, 7 p.m. 13 - Regular Session, 7 p.m. 20 (rues) - Work Session, 7 p.m. 27 - Regular Session, 7 P .m. 26 - Regular Session, 7 p.m. FEBRUARY AUGUST 9 - Regular Session, 7 p.m. 10 - Regular Session, 7 p.m. 23 - Regular Session, 7 p.m. 24 - Regular Session, 7 p.m. 27 - Council Retreat, 12 p.m. EBHC MARCH SEPTEMBER 9 - Regular Session, 7 p.m. 14 - Regular Session, 7 p.m. 16 - Work Session, 7 p.m. 16 - Canvass Election Results, 5 p.m. 23 - Regular Session, 7 p.m. 28 - Regular Session, 7 p.m. APRIL OCTOBER • 13 - Regular Session 7 .m. - � 13 Tues Regular Session, 7 P ( ) g P m. 27 - Regular Session, 7 p.m. 26 - Regular Session, 7 p.m. MAY NOVEMBER 4 - Board of Equalization, 7 p.m. 4 - Canvass Election Results, 5 p.m. 11 - Regular Session, 7 p.m. 9 - Regular Session, 7 p.m.. 26 (Tues) - Regular Session, 7 p.m. 2' 3 - Regular Session, 7 p.m. JUNE DECEMBER 8 - Regular Session, 7 p.m 14 - Regular Session, 7 p.m. 22 - Regular Session, 7 p.m. • City of Brooklyn Center 16F A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kra ness Councilmembers d Y g Carmody, A44r FROM: Michael J. McCauley, City Manager DATE: January 7, 1998 SUBJECT: Set Joint Meeting with Human Rights and Resources Commission The Human Rights and Resources Commission has asked to meet in a joint session with the City Council. The Commission is seeking direction from the Council to establish goals and review its purpose, responsibilities, and duties. The regular meeting of the Human Rights and Resources Commission is scheduled for Wednesday, February 11, 1998, at 7 p.m. in Conference Room B, and it is recommended that this date be scheduled for the joint session. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center a A great place to start. A great place to stay. r MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 7, 1998 SUBJECT: Appointment of Council Member to Serve as City Representative Following is a list of boards, committees, or commissions which require a City Council representative be appointed annually: •League of Minnesota Cities *North Metro Mayors Association •Northwest Suburbs Cable Communications Commission *Association of Metropolitan Municipalities • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer MH • MEMORANDUM TO: Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Myrna Kragness, Mayor DATE: January 7, 1998 SUBJECT: Mayoral Appointments of Council Liaisons to City Commissions for 1998 At the January 12, 1998, Council meeting, I will be making the following appointments of City Council members to serve as Council Liaisons on City Advisory Commissions. Financial Councilmember Lasman Housing Councilmember Hilstrom Human Rights and Resources Councilmember Peppe Park and Recreation Councilmember Carmody • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 8, 1998 SUBJECT: Mayoral Appointments to City Advisory Commissions Several terms on City advisory commissions expired December 31, 1997. Notice of vacancy on the commissions was published in the Brooklyn Center Sun -Post on November 26, 1997, and on December 17, 1997. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from November 14, 1997, through January 2, 1 998. A letter was sent to those persons who have previously submitted applications for appointment to a Brooklyn Center advisory commission notifying them of the vacancy. Notices were also sent to current advisory commission members. Attached is a memorandum from Mayor Kragness indicating her nominations. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Letters were sent to each applicant notifying them that their application for appointment would be considered at the January 12, 1998, Council meeting and they were invited to attend. Materials regarding all commissions are attached, including a table which indicates the geographical distribution by neighborhood of the applicants and current members of the commissions, an attendance record of all commission members for 1997, and submitted applications. Recommended Council Action: I. Motion by Council to ratify the nominations of Mayor Kragness with terms expiring as follows: Financial Commission - term to expire 12/31/2000 Housing Commission - term to expire 12/31/2000 Human Rights and Resources Commission - term to expire 12/31/2000 Park and Recreation Commission - term to expire 12/31/2000 Planning Commission - term to expire 12/31/99 Northwest Hennepin Human Services Council Advisory Commission term to expire 12/31/99 II. Motion by Council to direct Staff to advertise for vacancies on City Advisory Commissions. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 - City Hall & TDD Number (612) 569 -3300 AtWgA#h and Community Center Phone & TDD Number (612) 569 -3400 - FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 3 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kay Lasman Councilmember Robert Peppe FROM: Myrna Kragness, Mayor A/w4-.- DATE: January 8, 1998 SUBJECT: City Advisory Commission Nominations As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of the following persons: Financial Commission Jerald Blarney 7136 Willow Lane North Housing Commission Ernie Erickson 6800 Drew Avenue North Robert Torres 4501 Winchester Lane Human Rig hts and Resources Commission None Park and Recreation Commission John Russell 5312 Lilac Drive North Thomas Shinnick 5324 Oliver Avenue North Planning Commission. Stephen Erdmann 4919 61 st Avenue North Edward Nelson 5236 Great View Avenue North Rex Newman 3107 61 st Avenue North Northwest Hennepi Human Services Council Advisory Commission Marcia Mehlhaff 6924 Morgan Avenue North • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/ Equal Opportunities Employer City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City • Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • Financial Commission The Financial Commission is composed of a chairperson and six members. On December 31, 1997, the Financial Commission terms of Jerald Blarney and Ned Storla expired. Mr. Blarney submitted an application for reappointment; Mr. Storla resigned from the Financial Commission. Attached for City Council Members only is the application received as follows: Jerald Blarney 7136 Willow Lane North One vacancy exists. • City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Applicants and Current Members January 8, 1998 hbor ho od s g P�!40�::.>;:::<:;:.;;:>;;. ;;:: >:; >:;:;::::.:_.:: >::: >.:.� C Neighborhoods Members Southeast N ort hea st , :: >:: >:: > <:::::: >:.::;;<:._:.:; .;:; :::::.::.:::.:<;;.;:;.: Jerald Blarney n sr#.;:;:.; :.:.;:. > :.:::::::::::::::::.:.: 7136 Willow Lane North Northwest West Central Ron Christensen 6101 June Avenue North Lawrence Peterson 5830 June Avenue North Michael Weidner 6319 Scott Avenue North Central Donn Escher 3107 65th Avenue North Southwest Jay Hruska 5012 North Lilac Drive One vacancy. CITY OF BROOKLYN CENTER FINANCIAL COMMISSION ATTENDANCE 2/1/96 3/17/96 4/18/96 5/15/96 8/13/96 9/19/96 11/14/96 1/9/97 2/13/97 3/6/97 5/1/97 7/17/97 .8/14/97 9/4/97 10/2/97 Donn Escher Y Y Y Y Y Y E Y Y Y Y Y Y E Y Ron Christensen Y N Y N N Y Y Y E Y Y Y E Y Y Ned Storla Y Y Y Y Y E N Y Y Y Y E Y Y Y Lawrence Peterson Y N Y N Y E Y N Y Y Y Y Y E Y Lee Anderson Y Y E E E Y Y NA Jay Hruska Y Y Y Y Y Y Y Y Y Y Y Y Y E Y Phillip Roche N N N Y N N NA Jerry Blarney Y Y Y Y Y Y Y Y Michael Weidner Y Y E Y E Y E LEGEND Y The Commissioner was in attendance. E The Commissioner was absent, but contacted the Chair prior to the meeting to be excused. N The Commissioner was absent and not excused. fincommkattend 1996 117198 11:01 AM Housing Commission The Housing Commission is composed of a chairperson and eight members. On December 31, 1997, the Housing Commission terms of Ernie Erickson, Robert Torres, and Henry Yang expired. Mr. Erickson submitted an application for reappointment; Mr. Torres verbally indicated he would like to be reappointed; Mr. Yang resigned from the Housing Commission. Todd Cannon and Michael desParois resigned from the Housing Commission, although their terms do not expire until 1998 and 1999, respectively. Mr. desParois has not attended any meetings during 1997, thereby triggering the automatic resignation. Mr. Cannon verbally resigned from the Housing Commission. Attached for City Council Members only is the application received as follows: Ernie Erickson 6800 Drew Avenue North Three vacancies exist. • • City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Applicants and Current Members January 8, 1998 Neighborhoods ppl�+ �a�� '� Current Members Southeast Donald Arm 2340 Brookview Drive Northeast Lloyd Deuel 1606 72nd Avenue North '� Si% isirc: i', c ? c i. ... •:; ; is fz3> r5` 5' i::: i22' iFi;; isisiif: i: �i %'r';.y�;;:;:`.'!i;;i:::;:$i "^ Northwest Ernie Erickson 41 6800 Drew Avenue North West t Ce ntr al Jonathan Carter 47 00 Eleanor Lane Robert Torres 4501 Winchester Lane mnniunmiinnuu ii Central Mark Yelich 6018 Beard Avenue North Southwest Three vacancies. Housing Commission ATTENDANCE RECORD Name 1/97 2/97 3/97 5/97 9/97 1 9 ` 0/ 7 12/97 Chair Torres X X E Arm -- -- -- - appointed / ointed 97 Cannon U E Cart er E X X E X ::::: U Deue 1 X X X de sP ar 0 is U U U Erickson X X X X Ische E R R R R resigned 1/97 Yang g X X X X X I I Yelich X X X X X X I I I I I ' X The highlighted columns for 4/97 and 11/97 indicate a lack of quorum on these dates. X = Present E = Excused U = Unexcused R = Resigned • Human Rights and Resources Commission • The Human Rights and Resources Commission is composed of a chairperson and eight members. On December 31, 1997, the Human Rights and Resources Commission terms of Karyn Huemoeller, Sherry Maddox, and Neng Yang expired. Neither Ms. Huemoeller nor Ms. Maddox returned an application nor did they return telephone calls inquiring if they wished to continue on the commission. Mr. Yang resigned from the Human Rights and Resources Commission. Sharon Achtelik and Nancy Doucette resigned from the Human Rights and Resources Commission, although their terms do not expired until 1999. There were no applications received. Five vacancies exist. • • City of Brooklyn Center Human Rights and Resources Commission Geographical Distribution (Chairperson and Eight Members) Applicants and Current Members January 8, 1998 hborh o s od g Current Members Nei Southeast Leona Raisch 2106 55th Avenue North Northeast Rhonda Braziel 7224 Newton Avenue North Northwest Shawn Taylor 3955 69th Avenue North West Central • Central Southwest Wayde Lerbs 5107 E. Twin Lake Blvd. Five vacancies. ATTENDANCE' RECORD Name 7/96 8/96 9/96 10/96 11/96 12/96 1/97 2/97 3/97 4/97 5/97 6/97 7/97 9/97 10/97 Chair I.crbs X 11 E 1: X E X X X X X X E X X Achtclik I; 1: X X E X E X E X E it E Brazicl X 1: X 13 X E X X X X X U U X C DoticcUc Is X X X E X X X X X X E X X U Forrest X X X X X X i Ilucmctcller X E X E X X X U Macicic►x p I X 11 X X X X X E E U E X X E Ncssuth X X X X X x Nyyuist X E. X U c Raisclt X E X U U X U X � Taylor lz X X E X X X E GQ' y Yang X E E X X X E E U E E X x a W W O r r A X— ltrescnt � U= uncxcusul o B l; — cxcusc;cl � y� O� r� 1 Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members. On December 31, 1997, the Park and Recreation Commission terms of John Russell and Thomas Shinnick expired. Both Mr. Russell and Mr. Shinnick have submitted applications for reappointment. Attached for City Council Members only are the applications received as follows: Roger Peterson 1511 71 st Avenue North John Russell 5312 Lilac Drive North Thomas Shinnick 5324 Oliver Avenue North No vacancies. • City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Applicants and Current Members January 8, 1998 P �� �� Service Park S ice Area ry ��alat�s Current Members ar ................... P.S.A. A. I Thomas Shinnick 5 324 Oliver Avenue North P.S.A. A. II Gail Ebert 1613 Irving Lane P.S.A. III Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road P.S.A. IV P.S.A. • Art M ead 3825 56th A North h Don Peterson 3715 58th Avenue North usl John Russell r 53 12 N. Lilac Drive ,: No vacancies. CITY OF BROOKLYN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 1997 w commissil.00 Joint Mtg NIA N/A No Meeting Bud Sorenson P P P P P P P P P Art Mead P P E E E P P P P Rich Theis P E P P E P I P A P Don Peterson P E I P P P P I P P P John Russell P P IE P P P I I P P IP Tom Shinnick IE IP IP P E E I I IP IP IE I Gail Ebert IP IP �P IE IP IP I I IP IP IP I I I I I I 1 1 I I I P = Present E = Excused A = Absent 4 Planning Commission The Planning Commission is composed of a chairperson and six members. On December 31, 1997, the Planning Commission terms of Stephen Erdmann, Mark Holmes, and Rex Newman expired. Mr. Erdmann and Mr. Newman submitted applications for reappointment. Mr. Holmes resigned from the Planning Commission. Attached for City Council Members only are the applications received as follows: Stephen Erdmann 4919 61 st Avenue North Edward Nelson 5236 Great View Avenue North Rex Newman 3107 61 st Avenue North No vacancies. • • City of Brooklyn Center Plannin g Commission Geographical Distribution (Chairperson and Six Members) Applicants and Current Members January 8, 1998 Neighborhoods F1� ���aE��' � »:. > < : .: Current Members Southeast Brian Walker 5312 Irving Avenue North Northeast Tim Willson 6718 Colfax Avenue North Northwest I West Central 'd :.:::.::::.:;:.:_:. >......... Stephen Erdmann te€e North 4919 61 st Avenue North Central 1 • Rex Newman 7:��: ruder€ 1lrh 3107 61st Avenue North XX Dianne Reem 6225 Chowen Avenue N No h Southwest we st ::..:d��� n Graydon Boeck rub viewxnue North 5601 Indiana Avenue North No vacancies. • • • 1997 Plannino Commission Attendance Record 15 -Jan 29 -Jan 12 -Feb 13 -Mar 17 -Apr 1 -May 29 -May 26 -Jun 17 -Jul 14 -Aug 11 -Sep I 16 -Oct 13 -Nov Wilson_ present _late . present present present present present prese Ab -ex present present i present present Holmes present Ab -ex present present Ab -ex Ab -ex late present late late Ab -ex present Ab -ex Newman present present present late present present present Ab -ex present Ab -ex present present present Reem present present Ab -ex late present late present Ab -ex present present Ab -ex present present Booth Ab -ex present Ab -ex Ab -ex Ab -ex Walker Ab -ex present Ab -unex present present present Ab -ex present present AB -ex present present Ab -ex Boeck Ab_unex prese present present pres ent present present present present present Ab -ex AB -ex present Erdman present present present present Ab -ex late Northwest Hennepin Human Services Council Adviso ry Commission The Northwest Hennepin Human Services Council Advisory Commission is composed of two residents from each participating City. On December 31, 1997, the Northwest Hennepin Human Services Council Advisory Commission term of Marcia Mehlhaff expired. Ms. Mehlhaff submitted and application for reappointment. Attached for City Council Members only is an application as follows: Marcia Mehlhaff 6924 Morgan Avenue North No vacancies. • J • MEMORANDUM DATE: January 6, 1998 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide !� J SUBJECT: Resolution Expressing Appreciation for the Gift of Mervyn's Brookdale Department Store in Support of the Arboretum For the past two years Dayton Hudson Corporation employees have volunteered a weekend of giving to their communities. The employees of Target, Dayton's, and Mervyn's in Brooklyn Center selected the Arboretum as their project site. Last June more than 80 volunteers donated their time and efforts as well as planting materials to improve the grounds of the Arboretum. In a continued effort to improve and maintain the Arboretum, employees of Mervyn's Brookdale have presented a donation of two hundred dollars ($200) to the City and have designated that it be used for the Arboretum for planting materials or other enhancements. i Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF MERVYN'S BROOKDALE DEPARTMENT STORE IN SUPPORT OF THE ARBORETUM WHEREAS, Mervyn's Brookdale Department Store has presented to the City .a donation of two hundred dollars ($200) and has designated that it be used for the Arboretum for plantings or other improvements; and WHEREAS, the City Council is appreciative of the donation and commends Mervyn's Brookdale Department Store for its civic efforts. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Acknowledges the donation with gratitude. 2. Appreciates the donation to the Arboretum for continued efforts to enhance and improve the grounds. 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. • 31 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 8, 1998 SUBJECT: Resolution Amending the Enabling Resolutions of the City Advisory Commissions As directed by the City Council, attached is a resolution which amends the City Advisory Commission enabling resolutions to provide that the City Council liaison inform the Mayor of automatic resignations of commission members. This language replaces the current language which provides that the City staff liaison inform the Mayor. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE CITY ADVISORY COMMISSIONS WHEREAS, the City Council adopted resolutions which define the duties and responsibilities of the Brooklyn Center City Advisory Commissions; and WHEREAS, the Brooklyn Center City Council wishes to amend the enabling resolutions for the Financial, Housing, Human Rights and Resources, and Park and Recreation Commissions in the section regarding Resignations — Removal from Office— Vacancies to reflect that the City Council liaison shall inform the Mayor and City Council of automatic resignations of commission members. NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Y y Y Brooklyn Center, Minnesota, that the enabling resolutions of the Financial, Housing, Human Rights and Resources, and Park and Recreation Commissions are hereby amended as follows: Change the paragraph in the section Resignations — Removal from Office— Vacancies to • read: I Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. 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. ex City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmod4;#k ppe FROM: Michael J. McCauley, City Manager DATE: January 8, 1998 SUBJECT: Update on Police and Fire Building Projects I will give a verbal update to the Council and residents on the status of the police and fire building projects. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer