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Home My WebLink About1998 02-09 CCP Regular Session CITY COUNCIL MEETING Public Copy • City of Brooklyn Center February 9, 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. Roll Call 5. Invocation 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 12, 1998 - Regular Session 2. January 20, 1998 - Work Session b. Resolution Accepting Bid and Authorizing the Purchase of One Asphalt Distributor C. Resolution Accepting and Authorizing Payment, Improvement Project No. 1997 -18, Replacement of Cold Storage Building Roof d. Resolution Requesting a Variance from the Minnesota Department of Transportation. • State Aid Rules. City of Brooklyn Center, Project No. 1990 -10, Contract 199:) -U, S.A.P. Nos. 109 - 109 -26 and 109- 12-5-08, 69th Avenue North (Shingle Creek Parkway to Beard Avenue) CITY COUNCIL AGENDA - February 9, 1998 i e. Resolution Providing for Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts f. Licenses 8. Council Consideration Items a. Resolution Establishing Improvement Project Nos. 1998 -01, 02, and 03, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements, Accepting Engineer's Feasibility Report and Calling for a Public Hearing -Requested Council Action: - Motion to adopt resolution. b. Resolution Establishing Improvement Project Nos.1998 -0=1, 05, and 06, St. AI's Neighborhood Street, Storm Drainage, and Utility Improvements, Accepting Engineer's Feasibility Report and Calling for a Public Hearing -Requested Council Action: - Motion to adopt resolution. C. Resolution Approving Plans and Specifications and Directing Advertisement for Bids. Improvement Project No. 1997 -10, SCADA and NTRAC Replacement Systems -Requested Council Action: - Motion to adopt resolution. d. Resolution Calling for a Public Hearing on Proposed Use of 1998 Urban Hennepin County Community Development Block Grant Funds -Requested Council Action: - Motion to adopt resolution. Discussion of Council direction on draft CDBG budget. e. Resolution Amending City Council Handbook Regarding Order of Business -Requested Council Action: - Motion to adopt resolution. f. Update on Code Enforcement -Requested Council Action: -City Manager will give verbal report. g. Update on Fire Building Project -Requested Council Action: -City Manager will give verbal report. • 9. Adjournment • 7a ® MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 12, 1998 CITY HALL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness. Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM Chuck Lenthe, 7007 Irvin Avenue North appeared at informal open forum o a Irving pp r t sk several questions relating to speed limits on 69th Avenue North and a portion of Humboldt Avenue North; stop signs on Humboldt Avenue North; signal lights at 65th and Dupont Avenues and 69th and France Avenues; and, the need for a building permit for four - season porches. Rex Newman, 3107 61 st Avenue North , appeared at informal open forum to speak in favor of the City not being in the municipal liquor business and urged the City to reconsider this issue. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn informal open forum at 6:59 p.m. passed unanimously. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kav Lasman, and 1/12/98 _1 _ L Robert Peppe. Also present: City Manager Michael J. McCauley, Public Works Director Diane Spector, City Attorney Charlie LeFevere. and Council Secretary LeAnn Larson. INVOCATION Invocation was given by Ernee McArthur. COUNCIL REPORTS I There were no Council Reports. PRESENTATION Kent Campbell and Janis Blumentals gave a presentation on "Celebrate Brooklyn Boulevard," which is a beautification project planned for Brooklyn Boulevard. 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. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the December 1, 1997 -- Special Session; December 1, 1997 - -Work Session; December 3, 1997- -Truth in Taxation; and December 15, 1997 -- Regular Session as printed passed unanimously. APPROVAL OF APPLICATION FOR. AIT T HORI7,ATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM ANOKA COUNTY PHEASANTS FOREVER A motion was made by Councilmember Carmody to approve an application for authorization for an exemption from lawful gambling license from Anoka County Pheasants Forever. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTIONv' NO. 98 -01 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER 1 /12/98 -2- • The motion for the adoption of the foregoing resolution was duh• seconded by member Lasman and passed unanimously. . Y RESOLUTION APPROVING CHANGE ORDER NO. 2. ACCEPTING WORK PERFORMED. AND AUTHORIZING FIN AI, PAYMENT. IMPROVEMENT PROJECT NOS. 1996 - 06.07. AND 08. CONTRACT 1996 -G, LOGAN. JA MES. KNOX AND 57TH AVENUES. STREET. STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 98 -02 Member Carmody introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTIONT APPRO CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1997- ® 17. CONTRACT 1997 -N. SHINGLE CREEK REGIONAL POND, RESOLUTION NO. 98-03 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1997- 17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION EST ABLISHING IMPROVEMENT PROJE NO. 1998 -16. MAC PARK NATURE PRESERVE T RAIL PROJECT AND NAMING FISCAL AGENT FOR ADMINISTRATION OF G RANT FUNDS RECEIVED T HROUGH THE REGIONAL TRAIL. INITIATIVE GRANT PROGRAM RESOLUTION NO. 98 -04 Member Carmody introduced the following Y o g resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -16, MAC PARK 1/12/98 _;_ NATURE PRESERVE TRAIL PROJECT AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE REGIONAL TRAIL INITIATIVE GRANT PROGRAM The motion for the g adoption of the foregoing resolution was duly seconded by member p � � � � Lasman and passed unanimously. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS RESOLUTION NO. 98 -05 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 1998 RESOLUTION NO. 98 -06 • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION ACCEPTING WORK. PERFORMED AND AUTHORIZING FINAL PAYMENT. IMPROVEMENT PROJECT NO. 1996 -10. CONTRACT 1996 -H. 53RD AVENUE NORTH FROM XERXES TO UPTON AVFNT JFS ANT) XF,RXES AVENUE NORTH FROM 49TH TO 53RD AVENUES i RESOLUTION NO. 98 -07 Member Carmody introduced the following resolution and moved its adoption: 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 1/12/98 -4- r • 53RD AVENUES The motion for the adoption of the foregoing resolution was duly seconded by member Layman and passed unanimously. RESOLUTION APPOINTINTG MICHAEL J. MCCAtTLEY AS DIRECTOR AND JIM GLAS.OE AS ALTERNATE DIRECTOR T_ O THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP RESOLUTION NO. 98 -08 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. 1\4cCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNTEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Bowling Al1ev Beacon Bowl 6525 Lvndale 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 4504/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 44160 6545 West River Road Terry Presler Amoco 6044 Brooklyn Boulevard U.S. West 6540 Shingle Creek Parkway Mechanical Svstems Metro Sheet Metal, Inc. 1708 Gervais Avenue, Maplewood NW Sheetmetal Co. of St. Paul 110 Sveamore Street NN St. Paul 1 {12{98 _�_ Riccar Corporation 2387 136th Avenue NW. Andover Westair, Inc. 11184 River Road NE, Hanover 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 Sian Haneer 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 #504/Randy Rau 6849 Brooklyn Boulevard SuperAmerica 44058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road Stummy's Cigar 6066 Shingle Creek Parkwav, #179 TGI Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Walgreens #04320 6390 Brooklvn Boulevard COUNCIL CONSIDERATION ITEMS RESOLUTION E XPRESSIN G RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SCOTT KLINE. JR. Mayor Kragness noted that Scott Kline, Jr., has been an employee of the City of Brooklyn Center Police Department since January 17, 1966. He recently retired as Chief of Police and was commended for his dedicated public service and civic effort for the betterment of the community. RESOLUTION NO. 98 -09 Member Hilstrom introduced the following resolution and moved its adoption: 1/12/98 -6- t RESOLUTION EXPRESSING RECOGNITION AND APPRECIAATION FOR THE DEDICATED PUBLIC SERVICE OF SCOTT KLINE. JR. The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness expressed gratitude to several City Advisory Commission members for their public service and civic effort for the betterment of the community. They are: Sharon Achtelik Human Rights and Resources Commission Michael desParois Housing Commission Nancy Doucette Human RiGhts and Resources Commission Ned Storla Financial Commission Henry Yang Housing Commission RESOLUTION NO. 98 -10 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SELECTING PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM. Mayor Kragness asked Council approval of her nomination of Kay Lasman as Mayor pro tem and Debra Hilstrom as Acting Mayor pro tem. A motion was made by Councilmember Carmody to approve the nominations of Mayor pro tem and Acting Mayor pro tem. The motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTION D ECLARING COMMITM TO THE BROOKLYN CENTER CITY CHARTER. PLEDGING FAIR. TREATMENT OF EMPLOYEES. DECLARING AGAINST_ CONFLICTS OF INTEREST AND MISUSE OF POSITIONS Mayor Kragness noted that this resolution directs the City Manager to place this item on the agenda • for readoption the first meeting of the Cite Council each January as information and reminder of 1/12/98 -7- CounciL/Manager responsibilities. RESOLUTION? NO. 98 =11 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SET CITY COUNCIL MEETING SCHEDULE FOR 1998 A motion was made by Councilmember Hilstrom to set the schedule for Council meetings for 1998. The motion was seconded by Councilmember Carmody and passed unanimously. SET JOINT MEETING WITH HUMAN RIGHTS AND RESOURCES COMMISSION A motion was made by Councilmember Carmody to table this item until after the January 20, 1998, Work Session. The motion was seconded by Councilmember Peppe and passed unanimously. APPOINTMENT OF COUNC MEMBER TO SERVE AS CITY REPRESENTATIVE Mayor Kragness asked Council representation on several boards, committees, and commissions which require a Council representative. They are as follows: League of Minnesota Cities Councilmember Carmody North Metro Mayors Association Mayor Kragness Northwest Suburbs Cable Communications Comm. Councilmember Peppe Association of Metropolitan Municipalities Councilmember Hilstrom Crime Prevention Councilmember Lasman A motion was made by Councilmember Carmody to approve representation as noted. The motion was seconded by Councilmember Lasman and passed unanimously. MAYORAL APPOINTM OF COUNCIL LIAISON TO CITY COMMISSIONS FOR 1998 I Mayor Kragness asked for ratification of the following appointments of City Council members to serve as Council Liaisons on City Advisory Commissions as follows: Financial Commission Councilmember Lasman 1/12/98 -8- Housing Commission Councilmember Peppe Human Rights and Resources Commission Councilmember Hilstrom Park and Recreation Commission Councilmember Carmodv A motion was made by Councilmember Carmody to ratify the Mayoral appointments as noted. The motion was seconded by Councilmember Lasman and passed unanimously. MAYORAL APPOINTMENTS TO CITY ADVISORY COMMISSIONS. Mayor Kraaness asked for ratification of the following nominations for several Cite Advisory Commissions. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to appoint Jerald Blarney to the Financial Commission passed unanimously. Councilmember Carmody stated she would not be approving the appointments of the applicants who did not fill out an application or did not complete the section regarding interest in serving on the commission and ideas that they would bring to the commission. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to appoint Ernie Erickson and Robert Torres to the Housing Commission passed on a vote of Mayor Kragness, Councilmembers Hilstrom, Lasman, and Peppe voting aye; Councilmember Carmody voted nay. Mayor Kragness explained there were no applications received for appointment to the Human Rights and Resources Commission. Councilmember Carmody asked that this item be tabled for further discussion at a work session. A motion by Councilmember Carmody and seconded by Councilmember Lasman to appoint Roger Peterson to the Park and Recreation Commission passed unanimously. A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to appoint John Russell to the Park and Recreation Commission passed on a vote of Mayor Kragness, Councilmembers Hilstrom, Lasman, and Peppe voting aye; Councilmember Carnlody voted nay. A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to appoint Thomas Shinnick to the Park and Recreation Commission passed on a vote of Mayor Kragness, Councilmembers Hilstrom, Lasman, and Peppe voting aye; Councilmember Carmody voted nay. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to appoint Stephen Erdmann, Edward Nelson, and Rex Newman to the Planning Commission passed unanimously. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to appoint Marcia Mehlhaff to the Northwest Hennepin Human Services Council Advisory Commission passed unanimously. 11 1 12/98 _9_ RESOLUTION EXPRESSING APPRECI ATIONT FOR THE. GIFT OF MERVY'N. "S BROOKDALE DEPARTMENT STORE rNT SUPPORT OF THE ARBORETUM Mayor Kragness noted that employees of Mer«yn's Brookdale have presented a donation of two hundred dollars (5200) to the City to be used for the Arboretum for planting materials or other enhancements. RESOLUTION NO. 98 -12 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF MERVYN'S BROOKDALE DEPARTMENT STORE IN SUPPORT OF THE ARBORETUM The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION AMENDIN THE ENABLING RESOLUTIONS OF THE BROOKLYN' CENTER CITY ADVISORY COMMISSIONS City Manager McCauley explained that this resolution 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. Councilmember Lasman requested clarification regarding notification to the absentee commission member. Council consensus was to have the Council liaison of each commission and the commission chair determine the notification procedure when a member was unexcused from two duly called meetings. RESOLUTION NO. 98 -13 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. UPDATE ON POLICE AND FIRE BUILDING PROJECTS City Manager McCauley updated the Council on the progress of the police and fire building projects. 1/12/98 -10- s F At present, schematics are being revised to reflect additional input from the e p police and fire departments and the architect. p ch tect. Construction is no�N anticipated to begin in Au st. This is later than originally projected but will allow for better plan development with the departmental suggestions and the construction manager's expertise. V � ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:50 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 1/12/98 -I1- L �Iw L • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPINT AND THE STATE OF MINNESOTA WORK SESSION JANUARY 20, 1998 CONFERENCE ROOM B CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a work session and was called to order by Mayor pro tem Kay Lasman at 7:00 p.m. ROLL CALL Mayor pro tem Kay Lasman and Councilmembers Kathleen Carmody and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, and Council Secretary LeAnn Larson. ® Councilmember Hilstrom arrived at 7:05 p.m. Mayor Myrna Kragness arrived at 7:17 p.m. Others present: Rex Neuman, 3107 61 st Avenue North; Jerry Olson, Liquor Stores Manager. 1. DISCUSSION OF LIQUOR STORE STUDY. City Manager McCauley discussed the recent liquor store study prepared by Grinstead and Associates. Councilmember Hilstrom arrived at 7:05 p.m. I Mr. McCauley discussed several recommendations from the study and sought direction on temporary operations and Iong -term questions. Options include: A) decreasing the number of liquor store. B) continuing the status quo (convenience - neighborhood stores), and C) expanding the liquor stores presence (shopping - regional type stores). Mr. McCauley noted that the present operations of Brooklyn Center's convenience - neighborhood liquor stores have fulfilled the minimum performance goals as established by the Council. Mayor Myrna Kragness arrived at 7:17 p.m. City Manager McCauley noted that the liquor store on 63rd Avenue/Brooklyn Boulevard would need to be relocated due to construction of the new fire station being built at this location. Discussion of whether to relocate this liquor store temporarily across the streetensued. Also. the issue of a short- term lease renewal at Northbrook Shopping Center was discussed. 1/20/99 -1- ILJ Councilmember Peppe stated that government shouldn't be competing with private enterprise. Several Councilmembers explored the concept of bringing this to the voters this fail on a referendum whether the City should be in the liquor store business or not. Liquor Stores Manager Jerry Olson answered several questions throughout the work session. Council consensus was to extend the Northbrook lease until March 2000 and negotiate the temporary relocation of the 63rd Avenue/Brooklyn Boulevard liquor store to a leased site across Brooklyn Boulevard for two years. Councilmember Hilstrom stated she would support the Northbrook lease extension but would not support a lease for new facilities on 63rd Avenue and Brooklyn Boulevard. This will give the Council ample time to address the issue of staving in the liquor store business after getting community input. City Manager McCauley suggested conducting a public forum in March or April 1998 to begin discussion on this issue with the citizens. The Council took a break at 8:53 p.m. The work session resumed at 9:03 P.M. 2. DISCUSSION OF DIRECTION ON MEETING WITH HUMAN RIGHTS COMMISSION City Manager McCauley updated the Council on a meeting with other City Manager's in New Hope on Monday regarding possible multi -City meetings of human rights commissions on a quarterly or other basis. These joint meetings would explore common areas of interest or projects. He also • suggested exploring possible joint discussions with Brooklyn Park. The Council was interested in further information and exploration of potential multi -City activities. 3. DISCUSSION OF WADING POOL TASK FORCE SUGGESTIONS City Manager McCauley asked if the Council wanted to implement a formal task force to address the wading pool issue or have public input on the whole center as plans were explored for the Community Center and City Hall after the police move to a new building. Council consensus was not to implement a task force. Mr. McCauley also noted that staff was preparing a plan to look at formal and informal activities for seniors and others at the Community Center. Public input would be solicited. ADJOURNMENT A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to adjourn the meeting at 9:42 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 1 !20/98 • • 7b MEMORANDUM DATE: February 2, 1998 TO: Michael McCauley, City Manager FROM: David Peterson, Public Works Superintendent SUBJECT: Resolution Accepting Bid and Authorizing the Purchase of One Asphalt Distributor An appropriation in the amount of $98,000.00 was approved in the 1998 central garage capital outlay budget for the purchase of one asphalt distributor and truck. A 1998 Ford L -8500 truck chassis was purchased earlier through the State of Minnesota Cooperative Purchasing program in the amount of $46,815.27. The following bids were received for the purchase of the asphalt distributor. om a rice C anv Name � - - P MacQueen Equipment Company $65,053.39 Ruffridge Johnson Company $46,140.00 Werecommend accepting the bid of Ruffridge Johnson Company and that the purchase of one asphalt distributor be approved. • Member introduced the following resolution i o g esol on and moved is adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) ASPHALT DISTRIBUTOR WHEREAS, an appropriation of $98,000.00 was approved in the 1998 central garage capital outlay budget for the purchase of one asphalt distributor; and WHEREAS, a 1998 Ford L -8500 was purchased earlier through the State of Minnesota Cooperative Purchasing program in the amount of $46,815.27; and WHEREAS, the following bids for one asphalt distributor which meet written specifications were received: Companv Price MacQueen Equipment Company $65,053.39 Ruffridge Johnson Company $46,140.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the bid of Ruffridge Johnson Company in the amount of $46,140.00 is hereby accepted, and the purchase of one asphalt distributor is hereby approved. 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 P g g thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. 7c • MEMORANDUM DATE: February 3, 1998 TO: Michael J. McCauley FROM: Jim Glasoe 1 . SUBJECT: Resolution Accepting Work and Authorizing Final Payment, Improvement Project No. 1997 -18, Replacement of Cold Storage Building Roof On September 22, 1997, the City Council awarded a contract to John A. Dalsin and Son. Inc. in the amount of $44,400.00 for Contract 1997 -0. John A. Dalsin and Sons, Inc. has completed the work as specified. It is recommended to accept the work performed in the amount of $44,400.00. itilember introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -18, REPLACEMENT OF COLD STORAGE BUILDING ROOF WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, John A. Dalsin and Son, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1997 -18, Contract 1997 -0, Replacement of Cold Storage Building Roof. 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 will be $44,400.00. 2. The work completed under said contract is accepted and approved. 0 Date ivlavor 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. • • • 7d MEMORANDUM • DATE: Februa ry 2, 1998 TO: Michael McCauley, Manager Y� Y g FROM: Scott Brink, City Engineer SUBJECT: Resolution Requesting a Variance from Minnesota Department of Transportation State Aid Rules, City of Brooklyn Center Project 1990 -10, Contract 1993 -D, S.A.P. Nos. 109- 109 -26 and 109 - 125 -08, 69th Avenue North (Shingle Creek Parkway to Beard Avenue) We have recently received notice from Mn /DOT's Office of State Aid that they will not process the final paperwork and release final funds for the last phase of the 69th Avenue parkway project until the City requests a variance from State Aid rules. The following is a history of the project. A contract for the construction of 69th Avenue between Beard Avenue and Shingle Creek Parkway was awarded on July 12, 1993. Final payment was made to the Contractor (C.S. McCrossan) on January 25, 1995. This improvement project was funded primarily with State Aid Funds. The majority of the contract funds were released to the City by Mn/DOT shortly after the contract was awarded in 1993. Remaining monies due on a State Aid project are not released until a Report of Final Estimate is ® completed and forwarded to the Mn /DOT Office of State Aid. The Report of Final Estimate is normally completed sometime after the contract is completed, after final engineering and administration costs have been tabulated. With final engineering costs tabulated and included, the total amount eligible for State Aid is about $480,000. This final request was for release of about $100,000. A Report of Final Estimate, requesting final payment was submitted to the Mn/DOT Office of State Aid in December, 1997. However, the City recently received written notice from Mn/DOT that final payment would not be released until the City applies for a variance from state aid rules due to an apparent conflict with a specific rule. The rule, per Chapter 8820.2800, Subd.2, is as follows: "Only those projects for which final plans are approved by the state -aid engineer before awarding a contract or approving a force account agreement are eligible for state -aid construction funds.... " For this particular project, a contract was awarded by the City Council on July 12, 1993. Formal written approval by State Aid was not provided to the City until July 29, 1997. Mn /DOT is therefore req uiring the variance application q � It is somewhat perplexing that Mn/DOT has chosen to enforce this rule nearly five years after the fact, and after the majority of funds were already released to the City long ago. In many instances in the past, cities have awarded contracts prior to receiving final, formal approvals from State Aid. However, this was typically done after preliminary designs had been reviewed b Mn/DOT and a designs sufficient amount of verbal concurrence and assurances of approval had been attained. This was also the case with the 69th Avenue project in 1993: the construction season was rapidly coming to a close, the need to start the job quickly was paramount, and the City awarded the Contract prior to formal approval by State Aid. Comments and assurances received from Mn /Dot during the review process • indicated that approval was not anticipated to be a problem. It should be mentioned that this particular rule has been in existence for some time, but Mn/DOT has ® only recently chosen to strictly enforce it, thus the "long after the fact" issue. It should also be mentioned that Brooklyn Center is not the only city that has been confronted with this recent compliance enforcement. Nevertheless, the rule does exist and the City has been required to comply. Therefore, the variance procedure must be administered as follows: • Submittal of a Variance Request and Council Resolution to State Aide by March 2, 1998 • Consideration of approval by the Variance Board on March 19, 1998. This is considered primarily as an administrative detail, and approval and final release of State Aid monies is expected. Council Recommendation Approve the attached resolution requesting a variance from the referenced State Aid rule. • Member introduced the following resolution and moved its adoption: - RESOLUTION NO. RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, CITY OF BROOKLYN CENTER PROJECT 1990 -10, CONTRACT 1993 -D, S.A.P. NOS. 109- 109 -26 AND 109 - 125 -08, 69TH AVENUE NORTH(SHINGLE CREEK PARKWAY TO BEARD AVENUE) WHEREAS, the City Council on July 12, 1993 by Resolution No. 93 -110 awarded City Improvement Project No. 1990 -10, Contract 1993 -D, 69th Avenue North, Phase III to C.S. McCrossan Construction; and WHEREAS, said Project was designed, constructed, and funded in accordance with Minnesota Department of Transportation State Aid regulations; and WHEREAS, plans for said project were approved by the Minnesota Department of Transportation Office of State Aid on July 29, 1993; and WHEREAS, per State Aid rules, Chapter 8820.2800, Subd. 2, "Only those projects for which final plans are approved by the state -aid engineer before awarding a contract or approving a force account agreement are eligible for state -aid construction funds; and WHEREAS, the Minnesota Department of Transportation has notified the City of ® Brooklyn Center that the City must apply for a variance from said state aid rule prior to receiving final payment for said project. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City of Brooklyn Center hereby requests a variance from Chapter 8820.2800 Subdivision 2 of the Minnesota Department of Transportation State Aid Rules and authorizing final payment for City of Brooklyn Center Project 1990 -10, Contract 1993 -D, S.A.P. Nos. 109 - 109 -26 and 109 - 125 -08, 69th Avenue North(Shingle Creek Parkway to Beard Avenue). 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. • • 7e MEMORANDUM • DATE: February 5, 1998 TO: Michael McCauley, City Manager FROM: Charlie Hansen, Finance Director C SUBJECT: Resolutio Q tion Providm� for Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts The purpose of this resolution is to order a public hearing on Monday, March 9, 1998, at 7 p.m. or as soon thereafter as the matter may be heard. to hear and pass upon all objections, if any, to the proposed special assessments for delinquent public utility service accounts. Property owners with delinquent public utilities service accounts have received notice of delinquent account in accordance with the established collection policy and have not made payment. Proposed levy roll will be available Monday night for the Council's review and public inspection. The proposed levy roll has about 500 entries and is quite lengthy. Future council actions include the public hearing at the specified date and adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The interest rate is 6.5 percent, as previously established by the Council. l ® Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS BE IS RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A hearing shall be held on the 9th day of March, 1998 in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for Delinquent Public Utility Service Accounts 2. The City Clerk with the assistance of the Finance Director shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. 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. • • 7f City of Brooklyn Center A great place to start. A great place to stay. r MEMORANDUM TO: Michael J. McCauley. City Manager FROM: Sharon Knutson, City Clerk�'A DATE: February 5, 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 February 9, 1998: BOWLING ALLEY Lynbrook Bowl 6357 Lilac Drive North COURTESY BENCH Courtesy Bench Company 4215 Winnetka Avenue North, New Hope MECHANICAL SYSTEMS Albers Mechanical Services, Inc. 200 West Plato Boulevard, St. Paul Allied Fireside dba Fireside Corner 2700 Fairview Ave. N., Roseville D. A. Distribution dba Condor Fireplace 8282 Arthur St. NE, Spring Lake Park Diamond Power Mechanical, Inc. 8375 Sunset Road, Spring Lake Park P.R.S. Mechanical, Inc. P. O. Box 68111, Minneapolis Romark, Inc. 293 Commercial St.. St. Paul RENTAL DWELLINGS Initial: Alma Sybrant 5711 Camden Ave. N. Gary and Danae Morrison 5104 East Twin Lake Blvd. Renewal: Curtis Erickson Lake Shore Apartments • Robert and Marilyn Cashman 5622 Emerson Ave. N. 6301 Shingle Creek Pkivy, Brooklyn Center, ILV 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 -'- February ;. 1998 David Zemke 6813 Noble Ave. N. Reuben and Diane Ristrom, Jr. 6821 Noble Ave. N. Robert Berglund 683 5 Noble Ave. N. Richard Sandeen 1706 71 st Ave. N. SIGN HANGER TopLine Advertising, Inc. 1471 92nd Lane NE, Blaine TAXICAB Gerald Olson @ Town Taxi 230 Leighton Drive, Big Lake TOBACCO RELATED PRODUCT. Apple American Ltd. Partnership of MN dba Applebee's 13.17 Brookdale Center Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway • 8a MEMORAN UINI DATE: February 2, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Establishing Improvement Project Nos. 1998 -01, 02, and 03, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements, Accepting Engineer's Feasibility Report and Calling for a Public Hearing A feasibility report and preliminary design have been completed for the above referenced project. The project was previously initiated by the City Council in August of 1997, and two informational meetings have been conducted with residents and public since then. Attached are copies of the correspondence with the residents. The attached feasibility report provides a detailed breakdown of the specific project costs. The 1998 General Fund Budget includes $594,000 for the City's share of street improvement projects. The preliminary estimate of the City's share of costs for the Bellvue and St. Al's improvements is $616,000. That preliminary estimate includes a 10 percent contingency. We believe the budget funds will be adequate for both the improvement projects. Staff have held two informational meetings, and have twice sent mailings to the neighborhood with surveys which the property owners could use to detail problems, questions, or concerns. Copies of those survey responses are attached. The informational meetings were generally positive, with most questions relating to specifics of construction. The consensus after each meeting was to go ahead with the project. The owners of one property said they would like to see the improvements, but at this time they could not afford the assessments, so they were against it. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project on March 9, 1998. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1998 -01, 02, AND 03, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING WHEREAS, the Brooklyn Center City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities in the Bellvue Neighborhood Area as described in said report, and; WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible; and WHEREAS, costs have been estimated for these proposed street, utility, and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of the street improvements against all properties within the project area; and a portion of the storm sewer improvements within designated sections of the project area; and WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM SEWER IMPROVEMENT 1998 -01 1998 -02 $399,755 $ 130,117 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1998 -01, 02 and 03, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements are hereby established. 2. A public hearing shall be held on the 9th day of March, 1998, in the City Hall Council Chambers at 7:00 P.M., or as soon thereafter as the matter may be heard to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 3 The Deputy City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice of the total improvement costs. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a City of Brooklyn Center 3[ A great place to start. A great place to stay. 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569 -3340 FAX 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR • BELL V U--E NEIGHB ORHO OD IMPROVEMENT PROJECT NOS. 1998-01, 02 &03 FEBRUARY, 1998 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota R� . N 1 �61! Scott Brink City Engineer February 3, 1998 Feasibility Report Bellvue iVeighborhood Page I OVER VIEW (see Figure 1) These ro osed projects include roadway and utility v P P P J y impro ements for the Bellvue Neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of the following streets: 4th Street, Camden Avenue, Bryant Avenue, Colfax Avenue, and Dupont Avenue all between 53rd Avenue North and 55th Avenue North; and 55th Avenue North between James Avenue North and 4th street. Figure 1 also shows 53rd Way, a proposed new street as part of the 53rd Avenue Development and Linkage Project. At this time, it would be the intent to construct the new street and utilities concurrently with the Bellvue Neighborhood Improvements. However, the specific improvements and costs for 53rd Way are not included as part of this feasibility report. Estimated costs for the new street improvements are included on the attached cost spread sheet. This report was prepared in accordance with previous direction of the City Council and that staff would conduct Public Information meetings. On November 12, 1997 and January 21, 1998, public information meetings were conducted. l " "POSED PDSED IMP,R D VEMENTS STREETS i Improvement Project 1998 -01 (see Figure 2) All of the streets in the proposed project area, with the exception of Dupont Avenue North, are classified s as local residential streets, ori constructed in conjunction with utility installations in J Y the mid to late 1950's. Dupont Avenue is designated as a Municipal State Aid collector street under the City's Transportation Plan, meaning that state gasoline tax monies are available to assist in funding for reconstruction of that particular street. All of the existing streets are very flat, without curbs and gutters. On average, the streets are 30 feet wide, with a pavement thickness of 1.5 to 3.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets alcoat . and patch , i.e. Complete reconstruction is recommended. ( P ) P It is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. Dupont Avenue would be constructed to Mn/Dot State Aid standards as required. At this time, it is recommended that Dupont Avenue north be reconstructed to a width of 32 feet, which would allow for parking on one side of the roadway. On- street parking on both sides of the street would continue to be allowed on the other streets in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. Feasibility Report Bellme .Neighborhood Page 2 Traffic volumes on most of these streets are typical of local residential streets, with the exception of Dupont Avenue. Some concerns regarding the speed of traffic on 55th Avenue have also been expressed at the public informational meetings. along with some desire expressed to investigate the possibility of moving the designated bus route from Bryant to Dupont. Staff is currently working with the Metropolitan Council to explore this possibility, and a survey of property owners on those streets in the project area would be conducted prior to making a decision. Staff is also conducting additional traffic data collection work in the area to address some of the other traffic concerns. Existing sidewalks within the project area are located on the north side of 55th Avenue, and the east side of Camden Avenue between 53rd Avenue and 55th Avenue. Cost estimates in this report include installation of pedestrian ramps and replacement of defective sections of sidewalk. No additional sidewalks or trails are included in the cost estimates. The cost estimates in this report do include a lump sum allocation ($10,000) for planting boulevard trees in appropriate areas and an allocation of ($50,000) for upgrading street lighting. At this time, no costs are included for "under grounding" overhead power and CATV lines. However, Staff is working with NSP to determine the feasibility and cost of under grounding individual electric services that run over Camden Avenue to serve properties on the west side of the street. These properties are not fed from the rear, or from lines nearby as are most residential properties in the City. STORhI DRAINAGE Improvement Project 1998 -02 (see Figure 3 for proposed storm sewer system) The existing storm sewer system in the project area was installed on a per development basis and is inadequate. Previously ordered hydraulic and technical studies of this drainage area have shown that additional storm sewer should be constructed to alleviate frequent localized drainage problems. Survey results received from residents also indicates some localized incidents of standing water and /or very poor drainage. In addition to the installation of local storm water collection lines, the completion of a trunk storm sewer collection pipe running the length of 55th Avenue from Logan Avenue to 4th Street is necessary and recommended. A comprehensive drainage study conducted 2 years ago determined that construction of a larger, deeper conduit is necessary to adequately collect storm runoff for all areas of the City south of 57th Avenue. The new storm line would parallel an existing line that is vastly undersized for larger storm runoffs received. All storm water would then discharge to the Mississippi River through an existing pipe that runs beneath I -94. The initial' stages of this trunk line were constructed in 1996 between Logan Avenue and James Avenue. It is therefore proposed to continue and complete the construction of this storm line to insure adequate drainage for the entire area. Figure 3 shows a preliminary concept for storm drainage improvements to serve the project area. Essentially, the project design provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. Based on this design, the total estimated cost for storm drainage improvements relating to this project is $707,328.45 and is outlined further in this report. Feasibility Report Bellvue Neighborhood Page 3 SANITARY SEWERS Improvement Project 1998 -03 (see Figure 4) All sanitary sewers in the project area are 8 inch diameter clay pipe, installed in the mid to late 1950's. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of ground water infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. However, while there are no capacity problems, city maintenance records, along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate various experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. The televised inspections have indicated that root infiltration is significant throughout the entire sanitary sewer system in the Bellvue Neighborhood(Figure 4). Therefore, all sewer mains in the project area are proposed to be replaced. Services between the main and the property line would also be replaced. It is also estimated that 115 sanitary sewer services would be replaced with the new sanitary sewer installation. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. WATER MAINS . Improvement Project 1998 -03 (see Figure 5) The water distribution system in this particular neighborhood was installed in the early 1970's and late 1960's; some time after the original street and sewer construction. The condition of the water main distribution pipes are therefore in relatively good condition, and no major replacements are anticipated. ZID Known problem locations, leaky valves, and aging hydrants would be replaced however as part of this work. T ESTEVIATED COSTS AND FUNDING CONSIDERATIONS (see Figure 6) Costs and Funding for Street Improvemeents. Project No. 1998 -01 The estimated cost for roadway improvements for all streets in this project area is $1,076,488.85. If street lighting improvements are included, the estimated cost for those roadway improvements is $1,126,488.85. It is ro osed to le p p levy special assessments for street improvements in accordance with the rates adopted by the City Council on November 24, 1997. The rates adopted by the City Council provide for a standard 1998 residential street assessment rate of $2060 per residential property. This rate would be assessed to all benefitted residential properties as shown in Figure 1. City owned property at Bellvue Park, along with some R -4 zoned property are proposed to be assessed at a rate of $0.25 • per square foot, for the actual amount of frontage at a depth of 200 feet. On this basis it is estimated that special assessments totaling $399,755.00 would be levied for street improvements. Feasibility Report Bellvue Neighborhood Page 4 Costs and Funding for Storm Drainagg-Sylem Improvements. Proiect No. 1998 -02 • The estimated cost for storm drainage _improvements within the Bellvue Neighborhood area is $707,328.45. This includes the cost of storm sewer construction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the rates adopted by the City Council on November 24, 1997. Application of this rate to properties benefitted by these improvements will result in estimated special assessments of $670 per single family residential unit. City owned property at Bellvue Park, along with some R-4 zoned property are proposed to be assessed at a rate of $0.13 per square foot, for the actual amount of frontage at a depth of 200 feet. The total cost to be assessed would be $130,117. Costs and Fundin for Sanita Sewer and Water Main Imnrovements. Proiect No. 1998 -03 The estimated cost of sanitary sewer repairs and /or replacements is $229,759.46, and the estimated costs for water main repair and /or replacements is $88,780.78. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Recommended 1998 Proiect Schedule February 9 City Council receives feasibility report and calls for public hearing March 9 Public Hearing, City Council may authorize the project and order preparation of plans and specifications March 9 Approve plans and specifications, authorize Ad for Bids March 18 First date of advertisements in Post and Construction Bulletin April 8 Bid opening April 13 City Council awards contract April 24 Preconstruction conference May 1 Start construction September 14 Special Assessment Hearing October 16 Substantial completion Feasibility Report Bellvue Neighborhood Page 5 Conclusion S The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the safety, welfare, and economic health of the entire City. As a result of the infrastructure needs, proposed solutions, and estimated costs described in this report, the proposed project is necessary, cost effective, and feasible. Scott Brink City Engineer Rea. 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N. %A T � f jI Itf Jl �j" I �- C /7Y OF FRIDLEY u m J NEIGHBORHOOD COSTS & FUNDING CONSIDERATIONS IMPROVEMENT PROJECT 1998 -02, 02 FEASIBILITY SUMMARY 2/5/98 1998 -01 1998 -03 1998 -03 1998 -02 DUPONT AVE (MSA) ESTIMATED EXPENDITURE STREET SANITARY WATERMAIN STORM MSA NON 53RD WAY ESTIMATED SEWER SEWER ELIGIBLE ELIGIBLE HRA TOTAL ESTIMATED CONSTRUCTION COST $ 807,994.00 $172,585.00 $ 67,052.00 $ 262,459.00 $ 187,926.00 $ 37,475.00 $ 196,714.00 $ 1,732,205.00 TRUNK STORM SEWER $ 339,462.00 $ 339,462.00 SUBTOTAL $ 807,994 00 $172,585.00 $ 67,052 00 $ 601,921.00 $ 187,926.00 $ 37,475.00 $ 196,714.00 $ 2,071,667.00 CONTINGENCY (10 %) $ 80,799.40 $ 17,258.50 $ 6,705.20 $ 26,245.90 $ 18,792.60 $ 3,74750 $ 19,671.40 $ 173,220,50 f SUBTOTAL CONSTRUCTION COST $ 888,793 40 $189,84350 $ 73,757.20 $ 601,921.00 $ 206,718.60 $ 41,222.50 $ 216,385 40 $ 2,244,887 50 AUMIN, ENG , LEGAL (4 5 %) $ 39,995 70 $ 8,54296 $ 3,319.07 $ 27,086 45 $ 9.30234 $ 1,85501 $ 9,737.34 $ 101,019 94 REFORESTATION $ 10,000 00 STREET LIGHTS $ 50,000.00 $ 10,000 00 $ 5,000 OQ $ 55,000 00 TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 988,789.10 $198,38646 $ 77,076.27 $ 629,007.45 $ 216,020.94 $ 43,077 51 $ 236,122.74 $ 2,388,480.47 (ESTIMATED REVENUE STREET ASSESS 54% _ $2,060 /UNIT X 185 UNITS $ 381,000.00 $ 32,960.00 $ 413,960.00 R -3 ASSESSMENT (28 TOWNHOUSE UNITS) $ 4,543.00 1$ 1,477.00 $ 6,020.00 R -4 ASSESSMENT Street @ $18.00 1FF - Storm @ $670 /unit $ 10,640.00 i$ 2,010.00 $ 12,650.00 COMMERCIAL ASSESSMENT (18,900SF X $0.251SF) $ 3,572.00 $ 670.00 $ 4,242.00 SANITARY SEWER FUND $198,386.46 $ 31,373.00 $ 36,743.05 $ 266,502.51 WATER FUND I $ 77,076.27 $ 11,704.51 $ 41,076.88 $ 129,857.66 STORM DRAINAGE ASSESS 44% = $670 /UNIT X188 UNITS $ 125,960.00 $ 10,720.00 $ 136,680.00 SIDEWALK - LOCAL STATE AID FUND STORM DRAINAGE UTILITY.FUND I $ 67,795.00 $ 67,795.00 I $ 498,890.45 $ 498,890.45 MSA FUNDING (DUPONT AVE. NO.) I $ 216,020.94 $ 216,020.94 OTHER FUNDS is 521,239.10 $ 521,239.10 HRA FUNDING $ 114,622.81 $ 114,622 81 TOTAL EST. REVENUE (FEASIBILITY) I $ 988,789.10 $198,386.46 $ 77,076.27 $ 629,007.45 $ 216,020.94 $ 43,077.51 $ 236,122.74 + $2,388,480.46 E \ENG\PROJECT\98PROJ \BELLVUE \FEASBYDIV Pagel Dear Resident: October 30, 1997 You are invited to an informational meeting regarding proposed neighborhood improvements: Wednesday, November 12, 1997 6:30 p.m. Constitution Hall, Brooklyn Center Community Center 6301 Shingle Creek Parkway Several weeks ago you received a letter saying that your neighborhood was being considered for street, utility, and park improvements in 1998. We have completed a preliminary review of conditions in your neighborhood, and will describe in more detail our findings and our recommendations at this November 12 meeting. When considering a neighborhood improvement project, we go through a process of informational meetings with the neighborhood. After we develop a preliminary design, the City Council holds a formal public hearing at a Council meeting to take public comment and decide if the project should be done. We are still early in the process. One more informational meeting will likely be held before the City Council will decide if it will hold a public hearing to consider the project. Background gr and As you are aware, Brooklyn Center is a mature, developed city which is entering a phase of redevelopment and renewal. The need to stabilize the condition and value of our neighborhoods is a challenge we all face over the next several years. One of the first challenges is dealing with our aging streets and utilities. Over two thirds of the residential neighborhoods in our community were developed in the 1950's, and the streets and utilities are now around 40 years old in most areas. The southeastern portion of Brooklyn Center, which includes your neighborhood, is one of the older areas of the City. When a neighborhood is considered for improvements, an evaluation of the entire infrastructure (streets and utilities) is performed. The expected life of pavement is 20 years. Through an extensive (and expensive) maintenance program we have extended the life of our streets for many years, but we now need to consider replacing them. In addition, the City's underground infrastructure (sanitary sewer, water, and storm sewer), have also shown signs of aging throughout the City. Four years ago the City began a program of neighborhood renewal. Neighborhood by neighborhood we are working our way through the entire city rebuilding or rehabilitating our infrastructure. We are also working to coordinate public works improvements with other programs such as increased code enforcement, and new programs such as landscaping and remodeling workshops. S These improvements do include using special assessments to pay for a portion of the project costs. This cost will only get more expensive if we wait to address these needs. It is our hope that by investing in public improvements (streets, utilities, parks, street lighting), private improvements (landscaping, remodeling, driveway replacements), and "social" improvements (eliminating problem properties, resolving traffic complaints), we can renew a sense of community and neighborhood pride. Proposed Improvements Enclosed with this letter is a short report by City Engineer Scott Brink on the findings of our preliminary studies. As you know, the project under consideration is the reconstruction or rehabilitation, as necessary, of all the streets and significant amounts of utilities in the project area, an area which we call the Bellvue. Neighborhood. The main reason why we propose improvements in your neighborhood at this time is because of the overall age of infrastructure, and to continue building upon past and current upgrades that have been ongoing in the southeastern part of Brooklyn Center. You may have already noticed improvements to James, Knox, and Logan Avenues between 53rd and 57th, and 57th Avenue east of Humboldt. In particular, a large trunk storm sewer that will serve all areas south of 57th must still be completed along 55th Avenue between James and Camden. As the Engineer's report briefly points out, in your neighborhood we are looking at adding storm sewer and replacing existing pipe where necessary. We have also found through sewer televising that segments of the sanitary sewer in your neighborhood suffer from extensive root infiltration. We need to consider replacing those mains, and residential services between the main and property lines to reduce the problems that many of you have with sewer backups. Preliminary maps showing the areas proposed for specific utility improvements will be provided at the November 12 meeting. Informational Meeting At the meeting on November 12, we will review this information in general, and discuss what kinds of improvements we think are needed. Thank you for your responses to the survey that was previously mailed. This has helped us better understand not only the physical problems, but the other types of improvements you would like to see in your neighborhood. If you have not returned the survey, please bring it with you to the meeting, or mail it to us if you cannot attend. If you have any questions or comments, please feel free to call us in the Engineering Division at 569 - 3340. I hope to see you on November 12 at Constitution Hall, Brooklyn Center Community Center, at 6:30 p.m. Sincerely, Diane Spector DIRECTOR OF PUBLIC SERVICES cc: Mayor Kragness and Cit y Council Members January 6, 1998 Dear Resident: You are invited to a second informational meeting regarding proposed neighborhood improvements for the " Bellvue" Neighborhood: Wednesday, January 21, 1998 6:30 p.m. Earle Brown Elementary School North Lunch Room I 5900 Humboldt Avenue North At this meeting we will present much the same general information regarding the proposed improvement project as at the November 12, 1997 informational meeting. However, we will have the preliminary plan sheets showing the preliminary design, and we will be able to spend the bulk of the time individually reviewing proposed plans, reviewing sewer tapes, and in one -on -one and general question and answer sessions. We also hope to have answers to some of the questions that were raised at the initial meeting. ® As a reminder, what is proposed in your neighborhood is the complete reconstruction of streets including installation of curb and gutter, spot replacements of water main as needed, replacement of a significant amount of the sanitary sewer main, and the installation of new storm sewers. When considering a neighborhood improvement project, we go through a process of informational meetings with the neighborhood. After we develop a preliminary design, the City Council will decide whether to hold a formal public hearing at a Council meeting to take public comment and decide if the project should be done. At this time, we would expect to bring your comments from the surveys and from the meetings to the City Council at its January 26, 1998 meeting. After reviewing this information, the Council will decide whether or not to call a public hearing. If a public hearing is called, you will receive a certified letter notifying you of the date and time of the hearing. If a public hearing is to be held, we would expect it to be in late February. As you may know, in 1998 Bellvue Park is scheduled to have its playground and shelter building replaced, along with the completion of other miscellaneous park improvements. At the January 21 meeting we will present some basic information about the proposed park improvements, and ask for your input. We are especially interested in your suggestions regarding the type of playground equipment the neighborhood would prefer. The Park and Recreation Commission has recommended to the Council that the current shelter be replaced with an open, picnic -type shelter. We will have some size and style options for you to review. Finally, we would also expect to complete other improvements in the park during 1998, such as upgrading park lighting, and sealcoating or overlaying trails as necessary. If you have any other suggestions for the park, please feel free to note those suggestions on your survey, bring them to the meeting, or give us a call. The more detailed plan sheets which will be available at the January 21 meeting will show which sanitary sewer services should be replaced (based on sewer televising and also on information provided by you on the surveys), and which boulevard trees will likely have to be removed to allow the service to be replaced. We will again have sewer televising tapes available so that individuals can view the condition of their sanitary sewer services. Thank you for your responses to the surveys that were previously mailed. This has helped us better understand not only the physical problems, but the other types of improvements you would like to see in your neighborhood. If you have not returned the survey, or no longer have a copy, another copy has been enclosed. Please bring it with you to the meeting, or mail it to us if you cannot attend. We have also prepared a brochure addressing common questions asked by residents of areas where improvement projects are proposed. A copy of the brochure is enclosed with this mailing. If you have any questions or comments, please feel free to call us in the Engineering Division at 569- 3340. I hope to see you on January 21 at Earle Brown Elementary School at 6:30 p.m. Sincerely, Diane Spector DIRECTOR OF PUBLIC WORKS cc: Mayor Kragness and City Council Members i • • 8b MEMORANDUM DATE: February 2, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Establishing Improvement Project Nos. 1998 -04, 05, and 06, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements, Accepting Engineer's Feasibility Report and Calling for a Public Hearing A feasibility report and preliminary design have been completed for the above referenced project. The project was previously initiated by the City Council in August of 1997, and two informational meetings have been conducted with residents and public since then. Attached are copies of the correspondence conducted with the residents. The attached feasibility report provides a detailed breakdown of the specific project costs. The 1998 General Fund Budget includes $59},000 for the City's share of street improvement projects. The preliminary estimate of the City's share of costs for the Bellvue and St. Al's improvements is $616,000. That preliminary estimate includes a 10 percent contingency. We believe the budget funds will be adequate for both the improvement projects. Staff have held two informational meetings, and have twice sent mailings to the neighborhood with surveys which the property owners could use to detail problems, questions, or concerns. Copies of those survey responses are attached. The informational meetings were generally positive but sparsely attended, with most questions relating to specifics of construction. The consensus after each meeting was to go ahead with the project. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project on March 9, 1998. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1998 -04, 05, AND 06, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING WHEREAS, the Brooklyn Center City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities in the St. Al's Neighborhood Area as described in said report, and; WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost- effective, and feasible; and WHEREAS, costs have been estimated for these proposed street, utility, and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of the street improvements against all properties within the project area; and a portion of the storm sewer improvements within designated sections of the project area: and WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM SEWER IMPROVEMENT 1998 -04 1998 -05 $186,390 $64,616 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1998 -04, 05. and 06, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements are hereby established. 2. A public hearing shall be held on the 9th day of March, 1998, in the City Hall Council Chambers at 7:00 P.M., or as soon thereafter as the matter may be heard to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 3. The Deputy City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice of the total improvement costs. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3[ City of Brooklyn Center A great place to start. A great place to stgv. • 6301 SHINGLE CREEK PKJVY iiii BROOKLYN CEIVTER, !MINNESOTA 33430 ENGL EERING: 569 -3340 FAX. • 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR ST. ALS N IMPROVEMENT PROJECT NOS. 1998 -04, 05, &06 FEBRUARY, 1998 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of !Minnesota Reg. 1Vo. 1`765 Scott Brink City Engineer February 2, 1998 Feasibility Report St. Al's Neighborhood Page I SJ VER Y l E ►` ►' (see Figure 1) These proposed projects include roadway and utility improvements for the St. Al's Neighborhood, more specifically all public streets as shown in Figure 1, and described as follows: Halifax and Grimes Avenues North between 69th and 71st, Indiana Avenue North between 69th and 70th, and 70th Avenue North between Brooklyn Boulevard and Halifax. June Avenue North between 69th and 70th is anticipated to fall within a future redevelopment area, and is not being proposed for reconstruction. This report was prepared in accordance with previous direction of the City Council on August 11, 1998, and that staff would conduct Public Information meetings. On December 11, 1997 and January 29, 1998, public information meetings were conducted. PPOPOSED IMPROV STREETS Improvement Project 1998 -04 (see Figure 2) All of the streets in the proposed project area are classified as local residential streets, originally constructed in conjunction with utility installations in the late 1950's and early 1960's. All of the existing treets are very flat w' v g rY without curbs and utters. On average, the streets are 30 feet wide, with a pavement thickness of 1.5 to 3.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction is recommended. It is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. On- street parking on both sides of the street would continue to be allowed on the other streets in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. An existing sidewalk is located on the west side of Halifax Avenue. Cost estimates in this report include installation of pedestrian ramps and replacement of defective sections of sidewalk. No additional sidewalks or trails are included in the cost estimates. The cost estimates in this report do include a lump sum allocation ($10,000) for planting boulevard trees in appropriate areas and an allocation of ($12,500) for upgrading street lighting (see Figure 6). At this time, no costs are included for "under grounding" overhead power and CATV lines. Feasibility e otT tY P St. Al's Ne2�liborhood Page 2 STOWN --1 DRAINAGE Improvement Project 1998 -05 (see Figure 3 for proposed storm sewer system) With the exception of an existing trunk storm sewer pipe that runs along 70th Avenue and a short extension along Indiana Avenue, storm sewer in the project area is non - existent. The flat grades of the streets and the excessive distances required for water to reach catch basins often leads to standing water in the streets after heavy rains. The lack of drainage is not only a nuisance, but also contributes to the deterioration of the streets themselves. Survey results received from residents also indicates some localized incidents of standing water and /or very poor drainage. The addition of localized collection lines extending from the trunk main are proposed. Additional pick -up points, regrading of the streets, and the addition of curb and gutter will provide more positive drainage, and minimiz localized flooding. Based on this design, the total estimated cost for storm drainage improvements relating to this project is $30,420 and is outlined further in this report. SANITARY SEWERS Improvement Project 1998 -06 (see Figure 4) All sanitary sewers in the project area are 8 inch diameter clay pipe, installed between 1959 and 1961. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of ground water infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. However, while there are no capacity problems, city maintenance records, along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate various experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. The televised inspections have indicated that root infiltration is significant throughout the entire sanitary sewer system in the St. Al's Neighborhood. Therefore, all sewer mains in the project area are proposed to be replaced. Services between the main and the property line would also be replaced. It is estimated that 62 sanitary sewer services would be replaced with the new sanitary sewer installation. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. Feasibility Report St. ill's Neighborhood Page 3 WATER MAINTS Improvement Project 1998 -06 (see Figure 5) The water distribution system in this particular neighborhood was installed at or about the same time as the sanitary sewer. In general, the condition of the water main distribution system is relatively good and no major replacements are anticipated. Known problem locations, leaky valves, and aging hydrants would be replaced however as part of this work. ESTIMATED S IlVIATED COSTS AND FUNDING CONSIDERATIONS (see Figure 6) Costs and Funding for Street Im provements. Project No. 1998 -04. The estimated cost for roadway improvements for all streets in this project area, including street light replacement and reforestation, is $337,957. It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City Council on November 24, 1997. The rates adopted by the City Council provide for a standard 1998 residential street assessment rate of $2,060 per residential property. This rate would be assessed to all benefitted properties within the improvement area. The St. Alphonsus Catholic Church property and the commercial properties at the Brooklyn Boulevard end of the project are proposed to be assessed at a commercial rate of $0.25 per square foot, for the actual amount of frontage at a depth of 200 feet. St. Alphonsus would receive a credit of 25 percent toward the assessment, as the church was assessed the full cost of adding curb and gutter 12 years ago. . On this basis it is estimated that special assessments totaling $186,390 would be levied for street improvements. Costs and Funding for Storm Drainage Svstem Improvements. Project No. 1998 -05 The estimated cost for storm drainage improvements within the St. Al's Neighborhood area is $30,420. This includes the cost of storm sewer construction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the rates adopted by the City Council on November 24, 1997. Application of this rate to single family residential properties benefitted by these improvements will result in estimated special assessments of $670 per single family residential unit. Commercial properties would be assessed $0.13 per square foot. The total cost to be assessed would be $64,616. The extent of required storm sewer construction q to this area is minimal and therefor a credit will be applied to the Storm Drainage Utility Fund in the amount of approximately $34,000. Costs and Funding for Sanitary Sewer and Water Main Improvements. Project No. 1998 -03 The estimated cost of sanitary sewer repairs and /or replacements is $94,612, and the estimated costs for water main repair and /or replacements is $20,755. As previously noted, these cost estimates are ® preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Feasibility Report St. Al's Neighborhood Page 4 Recommended 1998 Proiect Schedule February 12 City Council receives feasibility report and calls for public hearing March 9 Public Hearing, City Council may authorize the project and order preparation of plans and specifications March 9 Approve plans and specifications, authorize Ad for Bids March 18 First date of advertisements in Post and Construction Bulletin April 8 Bid opening April 13 City Council awards contract April 24 Preconstruction conference May 1 Start construction September 14 Special Assessment Hearing S October 16 Substantial completion ` Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the safety, welfare, and economic health of the entire City. As a result of the infrastructure needs, proposed solutions, and estimated costs described in this report, the proposed project is necessary, cost effective, and feasible. Scott Brink City Engineer Reg. 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AL'S NEIGHBORHOOD COSTS & FUNDING CONSIDERATIONS IMPROVEMENT PROJECT 1998-04,05 & 06 FEASIBILITY SUMMARY 214/98 1998 -04 1998 -06 1998 -06 1998 -05 ESTIMATED EXPENDITURE STREET SANITARY WATERMAIN STORM ESTIMATED SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 260,709.00 $ 78,192.00 $ 17,153.00 $ 25,141.00 $ 381,195.00 CONTINGENCY (10 %) $ 26,070.90 $ 7,819.20 $ 1,715.30 $ 2,514.10 $ 38,119.50 SUBTOTAL CONSTRUCTION COST $ 286,779.90 $ 86,011.20 $ 18,868.30 $ 27,655.10 $ 419,314.50 ADMIN, ENG., LEGAL (10 %) $ 28,677.99 $ 8,601.12 $ 1,886.83 $ 2,765.51 $ 41,931.45 REFORESTATION $ 10,000.00 STREET LIGH IS $ 12,500.00 TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 337,957.89 $ 94,612.32 $ 20,755.13 $ 30,420.61 $ 461,245.95 (ESTIMATED REVENUE STREET ASSESS 54% _ $2,060 /UNIT X 62 UNITS I $ 127,720.00 $ 127,720.00 ST. AL'S CHURCH $ 40,175.00 I $ 13,458.00 $ 53,633.00 COMMERCIAL PROPERTIES $ 18,495.00 ( $ 9,618.00 $ 28,113.00 I SANITARY SEWER FUND $ 94,612.32 $ 94,612.32 WATER FUND $ 20,755.13 $ 20,755.13 STORM DRAINAGE ASSESS 44% = $670 /UNIT X 62 UNITS $ 41,540.00 $ 41,540.00 STORM SEWER FUND (CREDIT) $ 34,195.39 OTHER FUNDS $ 94,872.50 $ 94,872,50 TOTAL EST. REVENUE (FEASIBILITY) ' $ 281,262.50 $ 94,612.32 $ 20,755.13 $ 64,616.00 $ 461,245.95 I I E'1 ENG \PROJECl198PROJISTALS %FEASBYDIV Page 1 • January 14, 1998 Dear Resident: You are invited to a second informational meeting regarding proposed neighborhood improvements. Thursday, January 29, 1998 6:30 p.m. St. Alphonsus Catholic Church, Parish Hall (North End of the Church Complex, Beneath the Gymnasium) 7025 Halifax Avenue North At this meeting we will present much the same general information regarding the proposed improvement project as at the December 11, 1997 informational meeting. However, we will have the preliminary plan sheets showing the preliminary design, and we will be able to spend the bulk of the time individually reviewing proposed plans, reviewing sewer tapes, and in one -on -one and general question and answer • sessions. We also hope to have answers to some of the questions that were raised at the initial meeting. As a reminder, what is proposed in your neighborhood is the complete reconstruction of streets including installation of curb and gutter, spot replacements of water main as needed, replacement of a significant amount of the sanitary sewer main, and the installation of new storm sewers. When considering a neighborhood improvement project, we go through a process of informational meetings with the neighborhood. After we develop a preliminary design, the City Council will decide whether to hold a formal public hearing at a Council meeting to take public comment and decide if the project should be done. At this time, we would expect to bring your comments from the surveys and from the meetings to the City Council at its February 9, 1998 meeting. After reviewing this information, the Council will decide whether or not to call a public hearing. If a public hearing is called, you will receive a certified letter notifying you of the date and time of the hearing. If a public hearing is to be held, we would expect it to be in early March. The more detailed plan sheets which will be available at the January 29 meeting will show which sanitary sewer services should be replaced (based on sewer televising and also on information provided by you on the surveys), and which boulevard trees will likely have to be removed to allow the service to be replaced. We will again have sewer televising tapes available so that individuals can view the condition of their sanitary sewer services. • Thank you for your responses to the surveys that were previously mailed. This has helped us better understand not only the physical problems, but the other types of improvements you would like to see in your neighborhood. If you have not returned the survey, or no longer have a copy, another copy has been enclosed. Please bring it with you to the meeting, or mail it to us if you cannot attend. We have also prepared brochures addressing common questions asked by residents of areas where improvement projects are proposed. Copies of the brochures are enclosed with this mailing. If you have any questions or comments, please feel free to call us in the Engineering Division at 569- 3340. I hope to see you on January 29 at Parish Hall, St. Alphonsus Church at 6:30 p.m. Sincerely, Diane Spector DIRECTOR OF PUBLIC WORKS • cc: Mayor Kra gness and City Council Members Encl. i -- November 26, 1997 Dear Resident: You are invited to an informational meeting regarding proposed neighborhood improvements: Thursday, December 11, 1997 6:30 p.m. St. Alphonsus Catholic Church 7025 Halifax Avenue North Parish Hall below the gym Please use parking lot on Halifax Avenue North. Approximately a pp tmately 3 months a you received a letter saying that your neighborhood was being considered for street and utility improvements in 1998. We have completed a preliminary review of conditions in your neighborhood, and will describe in more detail our findings and our recommendations at this December 11 meeting. When considering a neighborhood improvement project, we go through a process of informational meetings with the neighborhood. After we develop a preliminary design, the City Council holds a formal public hearing at a Council meeting to take public comment and decide if the project should be done. We are still early in the process. One more informational meeting will likely be held before the City Council will decide if it will hold a public hearing to consider the project. Background As you are aware, Brooklyn Center is a mature, developed city which is entering a phase of redevelopment and renewal. The need to stabilize the condition and value of our nei is a challenge we all face over the next several ears. One of the first challenges y h nges is dealing with our a m streets and utilities. .. g � g Over two thirds of the residential neighborhoods in our community were developed in the 1950's, and the streets and utilities are now around 40 years old in most areas. The condition of the streets and utilities in your neighborhood is typical of many neighborhoods in the City. When a neighborhood is considered for improvements, an evaluation of the entire infrastructure (streets and utilities) is performed. The expected life of pavement is 20 years. Through an extensive (and expensive) maintenance program we have extended the life of our streets for many years, but we now need to consider replacing them. In addition, the City's underground infrastructure (sanitary sewer, water, and storm sewer), have also shown signs of aging throughout the City. Four years ago the City began a program of neighborhood renewal. Neighborhood by neighborhood we are working our way through the entire city rebuilding or rehabilitating our infrastructure. We are also working to coordinate public works improvements with other programs such as increased code enforcement, and new programs such as landscaping and remodeling workshops. These improvements do include using special assessments to pay for a portion of the project costs. This cost will only get more expensive if we wait to address these needs. It is our hope that by investing in public improvements (streets, utilities arks street lighting), private improvements p g� g), p p s (landscapmg, remodeling, driveway replacements), and "social" improvements (eliminating problem properties, resolving traffic complaints), we can renew a sense of community and neighborhood pride. Proposed Improvements Enclosed with this letter is a short report by City Engineer Scott Brink on the findings of our preliminary studies. As you know, the project under consideration is the reconstruction or rehabilitation, as necessary, of all the streets, and significant amounts of utilities in the project area. The project area essentially consists of all streets north of 69th Avenue, west of France Avenue, east of Brooklyn Boulevard, and south of 71st Avenue, an area which we refer to as the "St. Al's Neighborhood" for simplification. The main reason why we propose improvements in your neighborhood at this time is because of the overall age of infrastructure, and to complete remaining improvement needs in your area. As you probably are aware, improvements to the Woodbine area neighborhood to your north were completed in 1995, France Avenue improved in 1997, and streets located north of 69th and west of Brooklyn Boulevard completed in 1994. The neighborhood surrounding St. Alphonsus Church is therefore one of the few remaining areas to be completed in the northwest portion of Brooklyn Center. As the Engineer's report briefly points out, in your neighborhood we are looking at adding some storm sewer and replacing existing pipe where necessary. We have also found through sewer televising that segments of the sanitary sewer in your neighborhood suffer from extensive root infiltration. We need to consider replacing those mains, and S residential services between the main and property lines to reduce the problems that many of you have with sewer backups. Some repairs to the water main system are also anticipated. Preliminary maps showing the areas proposed for specific utility improvements will be provided at the December 11 meeting. Informational Meeting At the meeting on December 11, we will review this information in general, and discuss what kinds of improvements we think are needed. Thank you for your responses to the survey that was previously mailed. This has helped us better understand not only the physical problems, but the other types of improvements you would like to see in your neighborhood. If you have not returned the survey, please bring it with you to the meeting, or mail it to us if you cannot attend. If you have any questions or comments, please feel free to call us in the Engineering Division at 569 -3340. I hope to see you on December 11 at St. Alphonsus Catholic Church at 6:30 p.m. Sincerely, Diane Spector DIRECTOR OF PUBLIC SERVICES cc: Mayor Kragness and City Council Members i August 14, 1997 Dear Property Owner /Resident: Brooklyn Center will soon be in the fifth year of its twenty -year program to improve streets, utilities and storm drainage throughout the City. At this time, the City is performing preliminary engineering survey work to determine the feasibility of reconstructing the streets and utilities in your neighborhood in 1998. Development of a preliminary feasibility study does not mean that an improvement project has been approved, or necessarily will be approved. The study is intended to look into neighborhood needs in more detail, to make better cost estimates, and review the possibility of improvements with neighborhood residents. All this information is then brought back to the Council, which will then decide if an improvement project is warranted. If the Council takes that next step, by law no final decision may be made without a formal public hearing on the matter. This letter is to inform you that (1) an improvement project is being considered for your neighborhood in 1998; (2) you may notice City survey crews and private sewer televising crews working in your neighborhood to gather information about existing street grades and conditions of utilities; and (3) when we complete this initial gathering of data there will be a public informational meeting, probably in late October or November. All property owners in the proposed project area (see the attached map) will receive a letter seven to ten days before the meeting is scheduled. Why Your Neighborhood? When selecting specific neighborhoods and streets for improvements, the City conducts a comprehensive Citywide evaluation of the entire existing infrastructure. This includes the streets, storm drains, sanitary sewers, and water distribution pipes. Because Brooklyn Center is considered an older "first ring" suburb, much of this infrastructure is reaching the age and condition where much of it needs to be rehabilitated or replaced. The infrastructure condition in your area is typical of much of the City, in that key components are in need of attention. Although existing information and records indicate certain needs, detailed surveys and inspections to be conducted within the next couple of months will provide further information. At this time, the following information is known: Hydrologic studies as well as actual observations and reports indicate that at least some storm drainage improvements are needed in your area. Much of the storm drainage system originally installed in Brooklyn Center was either undersized or lacking in many areas. The above average rainfalls experienced during July of this year have only confirmed the need for many of these improvements. • Second, many of the streets in your neighborhood come up in our Pavement Management Program (PMP) as needing to be reconstructed. The PMP is a computer program which analyzes surface and subsurface information about streets and predicts how much longer the pavement will last. Unfortunately, many of the other streets, the ones which don't look as bad and are on the borderline between sealcoating and reconstruction, are the streets that need new storm sewers or other utility repairs. Third, portions of the water main system in your neighborhood are in need of at least some rehabilitation and replacement. Many of the mains throughout the City are aging and to need of replacement. As part of the preliminary engineering study, we hope to get a better grasp on the extent and specific nature of these needs. Fourth, inspection records also show some significant portions of the sanitary sewer that are either deteriorating or experiencing large infiltrations of ground- water. Again, the preliminary engineering study will allow us to better determine exactly how much of the sewer is really deficient and in need of replacement. The result is that we are preliminarily looking at reconstructing all the streets in your neighborhood, adding storm sewer where necessary, and repairing water and sanitary sewer mains where necessary. Street and infrastructure improvements have already been completed adjacent to your neighborhood. Improvements in the Woodbine Area( streets north of 71st Avenue between France and Brooklyn Boulevard) were completed in 1995, and the reconstruction of France Avenue(from 69th to 73rd) is nearing completion at this time. The completion of improvements in your neighborhood would compliment much of the infrastructure work already completed that area of the City. Anticipated future improvements to Brooklyn Boulevard and related redevelopment opportunities should also add to the enhancement and improvement of the larger area. Financing If an improvement project is approved for your area, it would be funded in part by special assessments. The City's current policy is that about 40 percent of the cost of street improvements is assessed to the property owners, and 60 percent is paid for with general city funds. In the Orchard West Neighborhood area being improved this summer, the cost property for street improvements was $2,000. This is a per lot assessment, it is NOT based on a per foot charge. Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners about 40 percent of the cost. In the Orchard West Neighborhood, the cost per property for storm drainage improvements was $650. The total improvement cost to each property was $2,650. We would expect that assessments which • might accompany a project in your neighborhood will probably increase by a few hundred dollars. More detailed information regarding the results of the preliminary engineering and project financing studies, including special assessments, will be discussed at the informational meeting later this fall. We also will be sending out a packet of information in case you are unable to attend the meeting. In order to provide an accurate and comprehensive assessment of the neighborhood's needs, your input and suggestions is valuable and needed. We have therefore included a survey that should only take a few minutes to fill out and send back to us. We request that the survey be returned by September 3, 1997. Your input is appreciated. In the meantime, if you have any questions or comments, please don't hesitate to call us in the Engineering Division at 569 -3340. I also encourage you to visit the area north of 71st Avenue North between Noble Avenue and France Avenue (the area north of St. Alphonsus Church), which was reconstructed in 1995, to get an idea of the finished product, and the Orchard West Area (streets west of Orchard Avenue, and north and south of 63rd Avenue), to get an idea of work in progress. Finally, I encourage you to take advantage of some fine summer /fall evening or weekend to take a walk and look closely at the streets in your neighborhood. Aside from improving the infrastructure, we're always looking for good ideas to improve the general appearance of our neighborhoods and parks, and would welcome your suggestions. Sincerely, Scott Brink, P. E. City Engineer cc: Mayor Myrna Kragness Council Members City Manager i • • SC MEMORANDUM DATE: February 2, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer;; ' SUBJECT: Resolution Approving Plans and Specifications and Directing Advertisement for Bids, Improvement Project No. 1997 -10, SCADA and INTRAC Replacement Systems On January 27, 1997, the City Council established Improvement Project No. 1997 -10, which provides for replacement of the existing SCADA and INTRAC control systems. As previously explained, the safe and successful operation of the City's water and sanitary sewer facilities depends heavily on these two existing automated monitoring systems. This includes monitoring of all sewage lift stations, water supply production facilities, elevated storage tank water levels, and alarm security. The two systems are now outdated and near the end of their useful lives. A project that would replace the two systems with a single more up to date system was therefore considered and established. S Replacement of the aging and out dated systems, as well as added capabilities for monitoring the City's utility systems, including energy use management, will provide greater operating efficiencies and long term cost savings. On April 28, 1997, the City Council authorized awarding a contract for professional services to the firm of Toltz, King, Duvall, Anderson, and Associates (TKDA) for the design of plans and specifications and construction management. TKDA has completed the plans and specifications, and the project is now ready to be advertised for bidding. Detailed background information and an explanation of the project was provided to the City Council previously, and is attached to this memorandum for information purposes. The project would be funded from both the water and sanitary sewer utility funds. An amount of $200,000 from each utility fund's budget has been appropriated to cover the anticipated cost of the system. Recommendation It is recommended that the City Council approve the attached resolution approving plans and specifications and authorizing an advertisement for bids for Improvement Project No. 1997 -10, Contract 1998 -B, SCADA and INTRAC Replacement Systems. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. _ RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1997 -10, SCADA AND INTRAC REPLACEMENT SYSTEMS WHEREAS, the City Council on January 27, 1997, by Resolution No. 97 -21, ordered Improvement Project No, 1997 -10, SCADA and INTRAC Systems Replacement; and WHEREAS, the City Council on April 28, 1997 awarded a contract for professional services for design and construction to the firm of Toltz, King, Duvall, Anderson, and Associates(TKDA); and WHEREAS, plans and specifications have been prepared by TKDA under the direction of the City Engineer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The plans and specifications for said improvement project are hereby approved and ordered filed with the city Clerk. 2 The City Clerk shall prepare and cause to be inserted in the official newspaper and Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota State Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 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. SCADA BACKGROUND INFORMATION MEN 10RAN -DLNI • DATE: April 18, 1997 TO: Nlichael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Awarding a Contract for Professional Services for Design and Construction Management, Improvement Project No. 1997 -10, Replacement of SCADA and INTRAC Systems On January 27, 1997, the City Council approved Resolution No. 97 -21, establishing Project No. 1997 - 10, SCADA and IN+i 'TRAC systems replacement. Staff was also authorized to solicit proposals from at least two qualified consultants with proven expertise to provide professional services for or this project. Staff contacted several professional firms and received proposals from two qualified consultants. Presented in this memorandum is a report and recommendation regarding the retaining of a consultant for professional services. Background Tine safe and success;.il operation of the Cica's water and sardrary sewer facilities depends heavily on I two ex ;sting automated monitoring systems. This : ncludes monitoring of all sewage lift stations, water supply production facilities, elevated storage tank water levels, and alann security. These two systems are near the end of their useful lives, and need replacement. It is proposed to replace them with a - single system that can also include other alarm systems at other City facilities. The water SCADA (Supervision, Control, and Data Acquisition) for the water production system was installed in 1987. Using radio telemetry, it monitors pumpage at the well houses and levels in the towers. It is used to automate control of the system based on specific, changeable parameters. For . example, the system can be set to run two particular wells until demand reaches X flow, then allow a par is r t w ` i , T, uIa_ a e. to be drawn down to Y level, then start up a third particular well, and so on. one system also monitors various alarms ar the well houses (for example, Iow temperature, intrsCer: power outrage) and includes an autodiaier to page on -call maintenance personnel in case of an emergency . All this data is saved on computer. The system has a graphical interface so the operator can at a giance see a graph of total demand, flow, tower levels, which wells are pu-nping, etc. Tine LNTR;kC syste L monitors sewer lift stations. This system queries each lift station hourly to determine if an alarm condition (for example, high water, power outage) exists. The alarri system provides a means to detect lift station malfunctions before they lead to sewer backups or other problems. The INTRC system monitors lift station conditions 24 hours a day, freeing up utilities personnel for other maintenance activities. 13oth of these systems are outdated. Paris are Lnc :easlnelY more Jiff cult m find. Both requite a high I evel of costly vender suppor . LNTRA C :rem tilotorela and SCADA from the fire Dynamic Svstemns. Tne SCADA system was actually tailored. built. and prog=1 rued to our specific needs. The :ustcm- • built tale-ne and control boards are procrie'.. r , . Due to advances in radio telemetr; and microprocessor hardware and software controls, ^ewer systems use ,eneric RTUs(Remote Terminal Units) and off the shelf software which requires much less customization. The newer systems are more `. user - friendly and staff mainmixiable. Recommendations and Cost It is proposed to replace the two obsolete systems with a single modern SCADA system. The currently available systems are much more reliable and easier to maintain, and benefit from advances in microprocessor technology. If these systems are not replaced, at some point in die future one or both will fail and not be repairable, or will be very costly to repair. Without the automated system, maintenance staff will return to manual control and inspection, at the expense of other maintenance activities. The Capital Improvement Program has earmarked 550,000 in 1997, and $325,000 in 1998 to provide for design services and final installation of anew system. It is anticipated at this time that professional services for system study, design, and specifications would be completed in 1997 with final installation completed in 1998. On Ianuary 27, 1997, the City Council approved a resolution authorizing a request for proposals for engineering services. Consultant Selection and Evaluation • An RFP (Request for Proposal) was prepared by staff and forwarded to six (6) different consultants_ Responsive proposals were received by two ri. -ns: Toltz, King, Duvall, Anderson, and Asscciates(TKDA), and Bolton and'Menk. Other consultants contacted who did not respond cited either existing heavy work loads or scheduling diff It should also be mentioned that professional services for the development of a SCADA system are very unique, and finding consultants with proven experience in this area has not been easy. - The proposals submitted by =A and Bolton and NIenk were reviewed by the City Engineer; - SuperintendenA of Public Works, and Supervisor of Public Utilities. City staff also met with the project staff of each of these firms for further inform arion gathering and evaluation. Criteria considered during the evaluation were as follows: 0 The consultant's overall understanding of :hl- Ciry's needs and requirements, including: • Overall presentation and detad of the proposal itself. - The consultant's ability to address Ivey, azeas of importance as identified by the City, I in their proposal, and in meeting with City staff. • The consulttant's previous experience. wit.`: SCADA systems. 9 7ne e ;per?ence and understanding of :ne zcnsultant's key cersonnel to be assigned to the project. • • Schedule and Cost. After a thorough evaluation, it was determined that both firms are highly qualified and capable of '• providing services. However, staff is recommending that a contract for professional services be awarded to TKDA, for among the following reasons: • TKDA staff, through their proposal, meetings with staff, and site visits, appeared to have the clearest understanding of the City's system and needs. One of these needs is the establishment of an energy management control system. They are proposing the providing of on -line electrical demand monitoring at each well. This will ultimately assist in the overall lowering of energy and operating costs throughout the entire system. TKDA has already conducted an energy audit of the City's system, and is keenly aware of deficiencies and specific areas needed for improvement. In addition, TKDA has successfully installed similar energy management control components for the Cities of St. Louis Park and Nfinnetonka, and both cities have expressed considerable satisfaction with their end products. • It was felt by staff that TKDA's proposal more specifically addressed detailed solutions to the City's specific needs (for example, what they would propose to do at each well, lift station, and water tower). Actual hours and project cost were very specific and accountable to each detailed task. Although TKDA's overall estimated services cost (555,500) was higher than Bolton and Nienk's (S42,QC0), their explanation and justification appeared to be more thorough and accountable. A general breakdown of each consultant's estimated fees are as follows: TKDA Bolton & 44enk Preliminary Design SI5— SI1,500 Final DesiQn/Plans and Scecir ;eadons 528,500 514,000 S Construction Administration 511,700 516,500 These amounts are normally based upon the actual working hours needed to complete specific project tasks. Staff analyzed the actual breakdown of required tasks and hours provided by each consultant_ In particular, =A expects to expend considerable additional hours in the development of the plans and specifications. Upon further examination, this appears to be _ justified based upon the amount of detail and justification that TKDA has provided for each project component_ Past experience has shown that consultants usually require more hours to fuuzish a project than initially estimated. Because of the exrr a level of detail provided in TKDA's estimates, staff s level of conflde =t in their overall estimated cost is realistic and fire. • =A has previously been retained to provide plans for mechanical and energy management retro -fit to existing well pumps. Because the proposed SC AD A system would integrate quite closely with these improvement;, the reiainage of TKDA would seem to make the most sense for purposes of avoiding any pole ntial discrepancies or duplication of services. This may L effect alleviate possible confusion and reduce additional cost in the long niii. Recommendation Authorize staff to negotiate an aar-e TKD.k for professional se :vic °s to be ex- by zhe Ciry 1lanaatr. SCADA BACKGROUND INFORMATION • MEMORA:NDUTM DATE: January 21, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer / SUBJECT: Resolution Establishing Improvement Project No. 1997 -10, SCADA and INTRAC Systems Replacement, and Authorizing a Request for Proposals for Engineering Services The safe and successful operation of the City's water and sanitary sewer facilities depends heavily on two existing automated monitoring systems. This includes monitoring of all sewage lift stations, water supply production facilities, elevated storage tank water levels, and alarm security. These two systems are near the end of their useful lives, and need replacement. It is proposed to replace them with a single system that can also include other alarm systems at other City facilities. The water SCADA (Supervision, Control, And Data Acquisition) for the water production system was installed in 1987. Using radio telemetry, it monitors pumpage at the well houses and levels in the towers. It is used to automate control of the system based on specific, changeable parameters. For example,, the system can be set to run two particular wells until demand reaches X flow, then allow a - particular tower to be drawn down to Y IeveI, then start up a third particular well, and so on. The system also monitors various alarms at the well houses (for example, low temperature, intruder, power outage) and includes an autodialer to page on -call maintenance personnel in case of an emergen this data is saved on computer. The system has a graphical interface so the operator can at a glance see flow, tower levels, which wells are pumping, etc. a graph of total demand, - - - - The INTRAC system monitors sewer lift stations. This system queries each lift station hourly to - determine if an alarm condition (for example, high water, power outage) exists. The alarm system provides a means to detect lift station malfunctions before they lead to sewer backups or other _ problems. The INTRAC system monitors Iift station conditions 24 hours a day, freeing up utilities_- personnel for other maintenance activities. Both of these systems are outdated. Parts are increasingly more difficult to find- Both require a high level of costly vendor support, INTRAC from Motorola and SCADA from the firm Dynamic Systems. The SCADA system was actually tailored, built, and programmed to our specific needs. The custom - built telemetry and control boards are proprietary. Due to advances in radio telemetry and microprocessor hardware and software controls, newer systems use generic RTUs and off the shelf sofa ware which requires much less customization. The newer systems are more user - friendly and staff maintainable. It is proposed to replace the two obsolete systems with a single modern SCADA system. The currently available systems are much more reliable and easier to maintain, and benefit from advances in microprocessor technology. If these systems are not replaced, at some point in the nature one or both will fail and not be repairable, or will be very costly to repair. Without the automated system, maintenance staff will return to manual control and inspecr. ^n, at the expense of other maintenance activities. The Capital Improvement Program has earmarked $50,000 in 1997, and $3 in 1998 to provide I design services and final installation of a new system. It is anticipated at ties time that professional F services for system study, design, and specifications would be completed in 1997 with final installation completed in 1998. It is therefore recommended that the City Council approve the attached resolution Establishing Improvement Project No. 1997 -10, SCADA and LNTRAC Systems Replacement, and Authorizing a Request for Proposals for Engineering Services. I - - • • 8d • Memorandum Date: February 4, 1998 To; Michael J. McCauley, City Manager �/ From: Tom Bublitz, Community Development Specialist J Subject: Resolution calling for a public hearing on proposed use of 1998 Urban Hennepin County Community Development Block Grant Funds Hennepin County has notified the City of Brooklyn Center that its share of the 1998 Urban Hennepin County Community Development Block Grant (CDBG) entitlement will be approximately $240,809. This amount is $7,007 less then last year's allocation. However, the overall percentage of Brooklyn Center's allocation, when compared to the total Hennepin County allocation remains relatively constant at approximately seven percent (7 %). Brooklyn Center is one of 43 Hennepin County cities participating in the Urban Hennepin County CDBG program. In this program, federal dollars from the Department of Housing and Urban Development flow to the county and are disbursed to the 43 participating cities. The 1998 estimated CDBG allocation for the entire county is $3,140,034, which is $432,966 less than the • 1997 county allocation. Since the CDBG allocation represents federal dollars, the CDBG programs adopted by local jurisdictions must meet one of the following national objectives: • Benefitting low and moderate income persons • Prevention or elimination of slums or blight • Meeting a particularly urgent community development need There are a variety of actual activities and /or projects that can fall under these national objectives. Last year, the City of Brooklyn Center approved the following projects for it,5,1997 program. Rehabilitation of Private Property (EDA home rehabilitation deferred loan program) $60.000.00 Household Outside Maintenance for the Elderly (H.O.M.E.) 7,000.00 53rd Avenue Development and Linkage Projest 180.856.00 TOTAL (1997) $247,856.00 In order to be eligible for CDBG funds, cities must hold a public hearing to gain citizen input regarding the use of CDBG funds. The resolution included with this memorandum would set the CDBG public hearing for the March 9, 1998, City Council meeting. • The public hearing notice included with this memorandum also includes a designation of CDBG programs and recommended funding levels for the CDBG projects and activities. The CDBG projects and activities specified in the public hearing notice are recommended by staff. By approving the resolution and public hearing notice, the City Council would not give final approval to these CDBG activities, and the CDBG projects/ activities and /or funding levels specified in the I ® notice can be changed at the March 9, 1998, public hearing, at which time the City Council will be deciding on the final CDBG program for 1998. Staff recommendations for the 1998 CDBG program are summarized below; 1. The City's home rehabilitation deferred loan program (rehabilitation of private property) was budgeted at $60,000 for the 1997 CDBG program. The current waiting list of applicants for this program is approximately 40. Staff is recommending an allocation of $50,000 in CDBG funds for the 1998 home rehabilitation deferred loan program. 2. To date, $433,747.00 in CDBG funds have been used to reimburse Economic Development Authority expense for the 53rd Avenue Development and Linkage Project. This $433,747.00 is comprised of 558,920.00 from the 1995 CDBG allocation, $193,971.00 from 1996 and $180,856.00 from the 1997 CDBG allocation. Staff is recommending $181,809.00, from the 1998 CDBG allocation, be programmed to reimburse the 53rd Avenue Development and Linkage project. 3. Staff has received a request from Senior Community Services, the Household Outside Maintenance for the Elderly (H.O.M.E.) Program for $9,000. This project has been part of the CDBG program for five years and has proved to be a beneficial program. The H.O.M.E. program provides minor maintenance and repair for persons 62 years of age and older and /or permanently disabled individuals. The households are required to pay • a certain amount towards the rehab based on a sliding fee scale according to their income. CDBG dollars are used to bring down the overall cost of the repairs. Examples of the repairs included in this program are installation of grab bars, painting (interior and exterior), minor roof and gutter repair, concrete repair, and carpentry (including door, window, and trim repair). Staff has requested Senior Community Services to provide a summary of the usage of this program for the past year and this information will be available at the March 9, 1998, public hearing. • Member introduced the following resolution and moved its adoption: T N- RESOLUTION O. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 43 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its allocation for the 1998 Urban Hennepin County Development Block Grant (CDBG) Program is $240,809; and WHEREAS, a public hearing regarding the proposed use of 1998 Urban Hennepin County Community Development Block Grant funds is a requirements of the CDBG Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows. 1. A public hearing on the proposed use of 1996 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on March 9, 1998, at approximately 7:00 p.m. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 1998 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to march 9, 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. • • NOTICE OF PUBLIC HEARING 1998 LRB- N HENNEPIN COUNTY COTNLMIJNITY DEVELOPINLENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center, in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a P ublic hearing on March 9 1998 at 7:00 P.tiI. or as soon thereafter as the matter may be heard in the City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and priorities of the City and Urban Hennepin County and the City's proposed use of the 1998 Urban Hennepin County Community Development Block Grant Program planning allocation of $240,809. In addition, during the July 1, 1998 to June 30, 1999 program year, it is estimated that no additional program income from locally funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 1998 Urban Hennepin County CDBG funds starting on or about July 1, 1998: Activitv Budget Rehabilitation of Private Property $50,000 Household Outside Maintenance for the Elderly (H.O.M.E.) 9,000 53rd Avenue Development and Linkage Project 181,809 Subsequent increases or decreases in the community planning allocation or the budget of any funded activity by the greater of $10,000 or 50% of the activity budget or change in activity location, beneficiary, or purpose is considered a substantial change and pursuant to Urban Hennepin County policy will be subject to the amendment process. For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 569 -3300 or the Hennepin County Office of Planning and Development at 541 -7080. The public hearing is being held pursuant to Minnesota Statutes, Section 471.59. 8e • HOWARD S. CARP • ATTORNEY AT LAW 11656 Fettarly Lase Minnetonka, MH 3.530S 545 -1634 February s, 1998 VIA PTV Charles L. LeFevere Attorney at Law 200 So. 6th St., ##470 Minneapolis. MN 55402 RF-: City of Brooklyn Center - Council Meeting Invocation Dear Mr. LeFevere: Thank you for your letter. My client would only suggest one minor change and they would be satisfied with your proposed resolution. Please change the sentence that says "that any reference to the deity` to "that any reference to a deity«. Thank you for ur anticipated ticipated ccoperation in this matter. V "'y I yours, Ho and S Carp HSC:sb CC: Teresa Nelson Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which provided for Opening Ceremonies in its Order of Business; and WHEREAS, the City Council has adopted Resolution Nos. 96 -162, 97 -12, and 97- 176 which amended its Order of Business; and WHEREAS, the practice of holding an invocation establishes a solemn atmosphere and serious tone for Council meetings and assists toward the maintenance of good order and decorum; and WHEREAS, the Council wishes to clarify the provisions of the Handbook relating to Invocations in connection with City Council meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota, that the City Council Handbook be and hereby is amended to read as follows relating to Order of Business: 1. Informal Open Forum with City Council - 6:45 p.m. 2. Invocation* 3. Call to Order Regular Business Meeting - 7 p.m. 4. Roll Call 5. Council Report 6. Presentations 7. Approval of Agenda and Consent Agenda 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items 11. Adjournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly that any reference to a deity in any invocation shall use the inclusive term "God" • which is a broad -based spiritual term used in our nation's Pled of Allegiance, ". one nation under God," and is also the term used on our currency and coins, "IN GOD WE TRUST." t RESOLtiTION NO. s 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which provided for Opening Ceremonies in its Order of Business; and WHEREAS, the City Council has adopted Resolution Nos. 96 -162, 97 -12, and 97- 176 which amended its Order of Business; and WHEREAS, the practice of holding an invocation establishes a solemn atmosphere and serious tone for Council meetings and assists toward the maintenance of g ood order and decorum; and WHEREAS, the Council wishes to clarify the provisions of the Handbook relating to Invocations in connection with City Council meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklvn Center, Minnesota, that the City Council Handbook be and hereby is amended to read as follows relating to Order of Business: 1. Informal Open Forum with City Council - 6:45 p.m. 2. Invocation* 3. Call to Order Regular Business Meeting - 7 p.m. 4. Roll Call 5. Council Report 6. Presentations 7. Approval of Agenda and Consent Agenda 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items 11. Adjournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly that any reference to the deity in any invocation shall use the inclusive term "God" • which is a broad -based spiritual term used in our nation's Pledge of Allegiance, one nation under God," and is also the term used on our currency and coins, '`IN GOD WE TRUST." RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the ' adoption of the foregoing resolution was duly econded b member Y Y and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • d -1 Pillsbur %- C:.: u., ® '00 youth -Sixth tirn ct \linncapuii` MN �S- (01_') 33 - 0300 tcJ.p;tt n ® • • � tbl_') 337-9110 t.t\ e- m.til:.ttt} s(�'kennrri -fir ;ti cn.aur CHARTERED CHARLES L. LEFEVERE Attorney at Law Direct Dial (bit) 337 -9215 January 6, 1995 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shinule Creek Parkway Brooklyn Center MN 55430 RE: Ciro Council Irmocation S Dear :Michael: Attached is a copy of a letter dated December 22, 1997, from Howard S. Carp, attorney for the Minnesota Civil Liberties union. In the letter, Mr. Carp states that the MCLU would want to have three minimal standards followed to settle the constitutional questions regarding invocations. First, Mr. Carp states that the City cannot insist that the invocation be a petition to God for guidance. I believe that the MCLU has misinterpreted the City Council policy to mean that all invocations must be addressed to God. I explained this apparent misunderstanding in my letter to you of October 31, 1997, a copy of which is attached. As I recall, the City Council did not have any objection to making the change to the policy which would clarify this issue. Therefore, I have prepared a draft resolution which would make the change in the text of the resolution as I described it in my letter of October 31, 1997. The second standard sug by Mr. Carp 1s that all citizens must be invited to w ive this invocation whether they are a member of the clergy or not. We have found nothing in the case law which suggests that all citizens must be invited to give an invocation in order for the invocation to be constitutional. However, there is a risk when a public body has an invocation that the selection of the person giving the invocation could be done in such a way as to be an unconstitutional entanglement with religion. For example, if the City Council were to select only persons who followed a given denomination of a Christian faith, this could be viewed as an action in violation of the constitution. However. I do not believe that the past practices of the • City Council create a problem of this kind. I do not know how the persons have been selected to -ive invocations. However, I do know that several of the P ersons who have given invocations Mr. Michael McCauley ® January 6, 1998 Page 2 are not members of the clergy and that on numerous occasions the invocation has been simply a moment of silence for individual reflection or prayer. Therefore, I do not believe that either the policy of the City or the past practices of the City Council in selecting members of the public to provide invocations have been unconstitutional. However, the City Council should be mindful of the fact that the selection of persons to provide an invocation can create constitutional problems for the City. The third standard suggested by the MCLU is that the invocation should be made before the official start of the City Council meeting. In Mr. Carp's letter, he states that this is a requirement of the Court in the Bogen decision. That statement is not quite accurate. In the Bogen case, the invocation did precede the call to order, and the Court ruled that the County Board did not violate the constitution based on the entire set of facts presented in that case. The Court did not, however, say that the practice of holding an invocation would have been unconstitutional if the call to order had preceded the invocation. Furthermore, I understand that the call to order precedes the invocation at the opening of sessions of the Minnesota State Legislature. In my opinion, the mere fact that an invocation follows a call to order, rather than preceding it, does not render the practice unconstitutional. Nevertheless, if the City Council wishes to change the order of business of the City Council so that the invocation precedes the call to order, it should • feel free to do so. A change in the order of business could have several advantages. First, such a change, together with the change in language described above, might convince the Minnesota Civil Liberties Union that it should not bring a lawsuit to challenge the City Council's practice of having an invocation. Second, even if the MCLU does commence legal action, changing the order of business would take away one of its arguments. Third, apart from the legal issues involved, such a change would be responsive to objections by the Minnesota Civil Liberties Union. I do not know whether the position of the MCLU is shared by any current residents of the City of Brooklyn Center. However, in the past, there have been some objections to the practice of holding a City Council invocation. To the extent that the MCLU position is shared by any Brooklyn Center residents, those residents might be made somewhat more satisfied by a change in the order of proceedings of the Council. On the other hand, if the City Council feels strongly that it is important that the call to order precedes the invocation, such a practice is not, in my opinion, unconstitutional. Attached for Council consideration is a second, alternative, draft resolution which changes not only the wording of the paragraph dealing with City Council invocations, but also changes the order of business so that the invocation precedes the call to order. Mr. Michael McCauley • January h, 1998 Page 3 Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL:lh Enclosures i DRAFT Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which provided for Opening Ceremonies in its Order of Business; and WHEREAS, the City Council has adopted Resolutions No. 96 -162, 97 -12 and 97 -176 which amended its Order of Business; and WHEREAS, the practice of holding an invocation establishes a solemn atmosphere and serious tone for Council meetings and assists toward the maintenance of good order and decorum; and WHEREAS, the Council wishes to clarify the provisions of the Handbook relating to Invocations in connection with City Council meetings. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooky Center, Minnesota, that the City C Handbook be and hereby is amended to read as follows relating to the Order of Business: 1. Call to Order 2. Roll Call 3. Invocation* 4. Council Report 5. Presentations 6. Approval of Agenda and Consent Agenda 7. Open Forum 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items 11. Adjournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly CL: -4 o --- DRAFT that any reference to the deity in any invocation shall use the inclusive term "God" which is a broad -based spiritual term used in our nation's Pledge of Allegiance, "...one nation under God ", and is also the term used on our currency and coins, "IN GOD WE TRUST." 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. C L136016 a r imAFT Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which provided for Opening Ceremonies in its Order of Business; and WHEREAS, the City Council has adopted Resolutions No. 96 -162, 97 -12 and 97 -176 which amended its Order of Business; and WHEREAS, the practice of holding an invocation establishes a solemn atmosphere and serious tone for Council meetings and assists toward the maintenance of good order and decorum; and WHEREAS, the Council wishes to clarify the provisions of the Handbook relating to Invocations in connection with City Council meetings. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooky Center, Minnesota, that the City Council Handbook be and hereby is amended to read as follows relating to the Order of Business: 1. Invocation* 2. Call to Order 3. Roll Call 4. Council Report 5. Presentations 6. Approval of Agenda and Consent Agenda 7. Open Forum S. Public Hearing 9. Planning Commission Items 10. Council Consideration Items 11. Adjournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is. which is. a petition for guidance, and lastly 3 - d 38291 -4 1 DRAI ;;' that any reference to the deity in any invocation shall use the inclusive term "God" is which is a broad -based spiritual term used in our nation's Pledge of Allegiance, "...one nation under God ", and is also the term used on our currency and coins, "IN GOD WE TRUST." Date Mavor 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. a =271-4 �C� ; HOWARD S. CARP D - ATTORNEY AT LAW n iy�n i I 11656 Fetterly Lane �� y 1 Minnetonka, MN 55305 �L_J 545 -1634 December 22, 1997 Charles L. LeFevere Attorney at Law 200 So. 6th St., #470 Minneapolis, MN 55402 RE: City of Brooklyn Center - Council Meeting Invocation Dear Mr. LeFevere: I have had contact with the Minnesota Civil Liberties Union and they believe that these are the minimal standards that they would want followed if we were tc settle the constitutional questions regarding invocations: First, they insist that there must be no city interference in determining the content of the invocation. Therefore, the city cannot insist that the invccatien be a petition to God for guidance, but rather a petition for guidance. Second, all citizens must be invited to give this invocation whether they are a member of the clergy or not with proper notice of meetinas. Finally, the invocation shouia be made before the official start of the meeting as required by the Court in the Bogen decision. If there is a way to facilitate these basic requests I believe we can resolve this matter. Very yruly yours, l/ Howar S. Carp HSC:s • 470 [ 200 South Sixth Strcct Minncapoils ` N ',;-,o' G (�; 33 - 9300 te!ePhonc ♦ G raven !G 137- 93f0as c -m.ui: attysi� kcnnruv- �ra�cn.,am • CHARTERED CHARLES L. LEF EVERE Attomey at La%n Direct Dull !,61?) 317•0215 October ., I, 1997 Nfr. Michael I\AcCaulev City Nlanager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklvn Center NIN 554" RE: Council �n1 nc'utivrt Dear dike: For several weeks, I have been in correspondence with NIr. Howard Carp, the attorney for the Minnesota Civil Liberties Union (MCLU. re�zzarding the City Council invocation at the beginning of each Council meeting. Copies of the correspo are attached. A memo on the subject of the defensibility of the City's position, which ryas prepared by Kim Kantorowicz of my office, is also attached. As noted in the memo, it appears that the invoca on is le.aally defensible. However, the Council should be asked to consider two changes to the policv which could make the policy more defensible from a legal perspective. It would seem that these changes could also help to satisfy the concerns of the NICLU (which is primarily a political issue for the City Council to consider), and mi�,ht avoid a lawsuit entirely. One of the objections of the NtCLU is that the invocation occurs after the Council meeting is convened by the Mayor so that it is actually a part of the City Council meeting. We believe that the City's practice in this regard is legally defensible. However this ar zu ent h ti m �t the ICLL could be taken awuY by simply reversing the order of the call to order and invocation so that the Council meeting %yould benzin with an invocation at 7 then call :he rneetin�' to order and have a roil call. Therefcre, I would recommend tllat ,e discus., with, the City Council the Council's interest or this chant. Mr. Michael McCauley October 3 1 1 , 1997 Pale 2 - - A second objection of the MCLU is that the City policy appears to mandate that the invocation be addressed to "God ". I realize that this is not the meaning of the policy since an invocation often involves only a period of silence for reflection without any reference to God. Furthermore, I assume that the purpose of the policy is not to be exclusive by prohibiting an invocation which is not addressed to God, but rather inclusive to assure that the invocation is not addressed to, for example, Jesus, which could be objectionable to persons who are not of the Christian faith. Perhaps a minor change to the policy would make this more clear. The policy currently states that the invocations "...will stringently adhere to the'concept of what an invocation, by definition, is, which is, a petition for guidance, and lastly that said invocation be addressed to 'God', which is the broad -based spiritual term used in our nation's Pledge of Allegiance, ...one nation under God; and is also the term used on our currency and coins, 'Iti GOD WE TRUST'." The intent of the resolution, as I understand it, might be more obvious if the above quoted language were changed to read, "will stringently adhere to the concept of what an invocation, by detinition, is, which is, a petition for guidance, and lastly that any reference to the deity in any invocation .hall use the inclusive term 'God', \�hich is the broad based spiritual term used in our nation's pledge of allegiance, 'one nation under God', and as also used on our currency *EN GOD WE TRUST'." Again, I would recommend that the Council be consulted to discuss the Council's interest in making such a chan`Te. FinalIv, as noted in the m emorandum, even if the police is constitutional on its race, it could be administered in such a way that it cc uld raise constitutional issues. For example, a challenge to the policy could be brought if, in practice, the City Council selected members or only one Particular faith to deliver the invocation. In selecting the persons to present an invocation, the Council should make an effort to be inclusive of various faiths. I have told 'Ylr. Carp that we would discuss this i5;ue internally. decide how to proceed with the City Council, and advise him of our progress and ultimate decision. Please give me a call when sou have had a chance to review this letter and the attached memorandum. Very truly yours, Charles L. LeFevere CLL - lh Enclosure • Item 8f 2/9/98 City Council Agenda • • Memorandum To: Michael J. McCauley, City Manager From: Brad Hoffman, Community Development Director r Date: February 6, 1998 Re: 1997 Code Enforcement Summary In 1997, the primary responsibility for code enforcement was transferred from the Police Department to Community Development. The shift to Community Development was made to place greater emphasis on building (homes /garage) related code and maintenance violations. In 1996, the focus of the code enforcement sweep was primarily getting yards cleaned up. In order to accomplish the expanded enforcement effort, a full -time temporary with an inspections background was hired to fully enforce the provisions of the City's Housing Maintenance Ordinance. A house by house inspection effort started May 5th. Of the approximately 8,000 homes in Brooklyn Center, compliance orders were written to 1600 homeowners for various violations of the City's ordinance. Approximately 20 percent of all homes in the city received some written • orders. The 1,600 homes that received compliance orders had a total of 2,950 violations. By October 31, 1997, 1,354 or 85 percent of the properties were in compliance. Attached is a numerical count and description for the violations written up. Approximately 500 homes received orders to paint their homes. Of that group seventy (70) were given until May 1, 1998 to be in compliance. There were 414 compliance orders written on junk vehicles, 727 orders issued for accessory building violations (primarily garages) which would include broken windows, peeling paint, rotten siding and so forth. A total of 246 properties are not in compliance. As noted, seventy (70) were given until May 1 to paint their homes; twenty -two (22) were vacant or elderly; fifteen (15) were granted extensions to complete the work and thirty -six (36) were last inspected in late fall and need to be revisited in the spring in order to complete the enforcement action. Citations were issued on eighty -seven (87) properties in order to obtain compliance. Following the issuance of the citations, fifty -four (54) were in compliance. Of the remaining thirty -three (33) we do not have a status report from the courts, nor have they been reinspected to determine their current status but will be reinspected. The 1997 code enforcement was a very aggressive effort. To accomplish this task an average of 75 properties per day were inspected. With the exception of a number of perennial problem properties, Brooklyn Center achieved a great deal of code compliance through -out the City. The effort also generated an overwhelming number of phone calls on a daily basis within the department. The nature of the calls were generally inquiries as to the specific nature of the compliances order, questions about compliance, as well as complaints about the orders or other properties. While the City did achieve a significant improvement with code compliance, code violations are still prevalent. In my opinion code enforcement will have to be a continuous year round effort. The sweeps efforts have had successes but I don't believe the seasonal efffort will bring the results desired by the community. While we started the recruitment and process for an inspector in early March, we had difficulty recruiting candidates. As a result we had a late start with the program missing the entire month of April. In the future I believe we should consider a full -time position. There is work to be performed throughout the year. Further a number of properties that have received compliance orders have not receive the appropriate follow through and have to be revisited this year. With the temporary employee performing the inspections, we lose the continuity of the previous years' work and in many ways had to start over from the previous year as opposed to picking up from where we left off the previous year. Also, we lose time to recruitment and to training the employee. When the employee leaves at the end of the season, it is inevitable that some enforcement effort will be lost. For a continued and successful program, I believe we will find it necessary to make this a full -time activity. K•i' :: .. ..::::::... :. ...: .y.,.., .K.v: :.::. }. :: i•iii;.: ;:: n....:::•; :•nil•: i.::•.ti:•.i.:<vv.::+ :} }:•i .i::.:v:. ' rv::::.:.; ;.i':: :. .....................'......... •:.....:..,. ...............:............... tErl:: Accessory buildings shall be structurally sound and be maintained in good 29 repair and appearance 12 -707 727 Foundation /Exterior Walls /Roofs shall be watertight and maintained in good 1 35 repair and appearance 12 -702 I 5311 117 Accumulation of rubbish 19 -103.4 4225 Illegal Parking /Storage of vehicles and /or Inoperable /unlicensed vehicles, 122 prohibited parkinq of said vehicles on residential property 19- 103.14 4141 Accumulation of junk, furniture, auto parts, appliances, which creates a 119 visual bliqht, or which my be conducive to fire 19- 103.11 2771 Windows /Doors /Screens - Openings shall be structurally sound and be 130 maintained in qood repair and appearance 12 -703 113 Fences shall be maintained in good condition, both in appearance and 28 structure 12 -706 1 961 Yard maintenance. Every yard on which a building stands, shall be provided with lawn or ground cover and shall be maintained in a manner 23 consistent with community standards 12 -317 (12 -711) 79 114 Parts /Engines & Related Items to be stored in a buildinq 19 -103.1 501 Stairs /Porches /Balconies /Decks shall be kept in safe condition and 131 structurally sound Guard Rails - Conform to UBC) 12 -406 601 Proper Address Identification. Residential properties must provide display 24 of numbers visible from the street for emergency services 3 -104 531 S �1 Refuse Containers Required /Sanitary Disposal Required 7 -102 381 113 Parking and Storaqe of Unlicensed Vehicles 19 -1304 281 127 Misc. Violations j 25 Parking /Storage of construction equipment or commercial vehicles over 21' I 120 within a residential zoning district is prohibited 19- 103.12 20 Limitations on Keeping of Animals - Dogs /Cats /Fowl are limited in number 111 19 -104 1 61 19 Owner of building to maintain driving & parkinq areas 12 -316 41 112 Abandoned Vehicles Prohibited /Public Nuisance 19 -1003 ( 2 133 Electrical Service (Minimum 60 Amps) 12 -504.1 2� Public Nuisances: Diseased or dead animals: Improper storage of garbage: Accumulation of rubbish or junk: Public or private dumping: Noxious weeds: Parking or storage of construction equipment or commercial vehicles over 10 21': Parkinq /storage of vehicles in y ard 1 134 Chimneys /Flues 12 -709 1 126 Electrical Hazards 12 -504 1 121 Parkinq /Storaqe of vehicles on vacant property 19- 103.13 1 Garbage not stored in rodent free and fly -tight containers so as to 16 constitute a hazard to public heath 19 -103.3 11 Total Violations 29521 Compliance Summary 0 i- 11 , eh -98 Compliance 11 of Property's I [as 2 Violations Has 3 Violations Has 4 Violations Has 5 Violations Has 6 Violations Yes -- -- - 1354 639 259 111 20 7 No- - - - -- 246 150 92 48 19 7 Grand Total: - - - 1600 789 351 159 39 14' The total number of addresses with violations is the Grand Total of column 1. 'rhe breakdown by resident of compliance totals can also be found in column I. To find the total number of violations, sum the grand total line. When using these numbers, please remember that totals are provided by number of violations, not the number of addresses. (ic., An address with 5 violations has automatically been counted in the totals for 4, 3, 2 and 1 violations.) 1