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HomeMy WebLinkAbout1994 06-13 CCP Regular Session r CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JUNE 13, 1994 7 p.m 1. Call to Order J 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -2 -All items listed with an asterisk 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 in its normal sequence on the agenda. 7. Approval of Minutes: * a. May 16, 1994 - Special Work Session * b. May 23, 1994 - Regular Session - c. May 31 , 1994 - Special Work Session per 8. Ordinance: (7:15 p.m.) /<< , v , x >, 6'/ Ll 1 a. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Noncommercial Opinion or Signs Expression Si P g -This ordinance was first read on May 23, 1994, published in the City's official newspaper on June 1, 1994, and is offered this evening fora pubjic hr and second reading` . tZ fi 9. Public Hearing: a. Public Hearing Regarding Proposed Improvements on Shingle Creek Parkway, Improvement Project No. 1994 -19 -The City Council on May 9, 1994, established this project and called for a public hearing. The notice of public hearing was published in the City's officiial newspaper on June 1 and 8, 1994. 1. Resolution Ordering Improvement Project No. 1994 -19, Shingle Creek Parkway Overlay, Freeway Boulevard to 69th Avenue North, Approving Plans and Specifications, and Authorizing Advertisement for Bids CITY COUNCIL AGENDA -2- June 13, 1994 10. Presentations: ( a. Annual Financial Report 11. Discussion Items: a. Report on Status of Development of RFP for Consulting Services b. City Manager Evaluation and Schedule Process C. Presentation and Approval of Phase I of the City's Local Storm Water Management Plan Resolution Receiving and Approving Phase I of the City's Local Storm Water Management Plan C d. Citizen Request for Discussion Regarding Noxious Weed Destruction e. Willow Lane Park Playground Equipment 1. Resolution Authorizing Execution of Willow Lane Park Playground Equipment Construction and Maintenance Agreement, Amending Improvement Project No. 1994 -31 and Appropriating Funds Therefor 12. Resolutions. * a. Expressing Recognition of and Appreciation for the Dedicated Public Service of Jon Perkins `( -, i t.o - 1 � ' 't T cart -t * b. Expressing Recognition of Richard Genetti for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool r Cj-- - * c. Amending the 1994 General Fund Budget for Certain ADA Compliance Expenditures q "I - (L I > X1/1' �j �' � * d. Declaring Surplus Property r j f. .. .- C * e. Accepting Bid and Authorizing the Purchase of One (1) Truck Complete with Sewer Vac Catch Basin Cleaner t f -j _y I fkTM _.._ * f. Accepting Bid and Authorizing the Purchase of One (1) Sanitary Sewer Mobile Pump w . * g. Establishing Improvement Project No. 1994 -20, 24" Water Main Repair, I -94 and Dupont Avenue North, Appropriating Funds, Approving Plans and Specifications, and Authorizing Advertisement for Bids ! � ' CITY COUNCIL AGENDA -3- June 13, 1994 * h. Establishing Improvement Project No. 1994 -25, Pedestrian Bridg e Repair in Garden City Park and at County Road 10, Appropriating Funds, Approving Plans and Specifications, and Authorizing Advertisement for Bids q ('31 1 * i. Amending the 1994 Pay Plan, Authorizing Personnel Changes at the Golf Course * j . Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 06/13/94) * k. Accepting Work Performed and Approving Final Payment for Improvement Project No. 1993 -25, Contract 1993 -I, Storm Sewer Repairs at 69th Avenue North and James Avenue North * 1. Accepting Special Legislation by Governing Body Pursuant to Minnesota Statutes, 645.02 and 645.021 (TIF District Legislation) Ci L w- t l S CY 1 e- -!"111 k -- * m. Acknowledging Gift from the Rotary Club of Brooklyn Center for Central Park Flowers tj Ll ­ ( 1 r$� f U� 4 : "_- * n. Acknowledging Gift from the Rotary Club of Brooklyn Center for "Music in the Park "'1 4. t — i )-. C_ C 13. Consideration of Liquor Licenses: a. Consideration of Amendment to Class B and Sunday On -Sale Intoxicating Liquor License for Larken, Inc. DBA, Holiday Inn, Brooklyn Center r b. Consideration of Approval of Class B and Sunday On -Sale Intoxicating Liquor License for Ithaca Restaurant, Inc. d /b /a Pavilion Restaurant & Rookies Bar & Grill within the Days Inn Hotel *14. Licenses� 15. Adjournment ' Council Meeting Date June 13. 19% —fir 3 City of Brooklyn Center Agenda Item Numb- I " C Request For Council Consideration Item Description: CITY COUNCIL MINUTES - MAY 16, 1994 - SPECIAL WORK SESSION CITY COUNCIL MINUTES - MAY 23, 1994 - REGULAR SESSION CITY COUNCIL MINUTES - MAY 31, 1994 - SPECIAL WORK SESSION Department Approval: — �hm&L 71<� Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: �� No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached • Recommended City Council Action: MINUTES OF THE PROCEEDINGS OF TfIE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION MAY A 1994 CITY BALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Todd Paulson at 7.04 p.m. BQLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, Police Chief Trevor Hampton, and Council Secretary Barbara Collman. AFRICAN- AMERICMS IN THE b1ORTHW 4 U SUBURBS ( The Police Chief introduced members of the board of African - Americans in the Northwest Suburbs (ANI{A). He explained the group had been meeting just prior to the Council's work session. The group's purpose is to plan strategy for increasing the number of minorities involved in law enforcement at both state and local levels, and for maintaining that number. Several members of the board spoke. They said there is a problem, particularly in the suburbs, with minorities (people of color and females) not applying for these positions and also with retention of minorities once hired. The group had been discussing how organizations should react to minorities in law enforcement in order to keep them, as they need mentoring and understanding of their situation. They explained that many minority members do not even consider entering the field because they see few other minority members working in law enforcement and they feel they won't be retained even if hired. Councilmember Scott commented the young people need to be identified, educated, and started in the field. Members of the group said this is being done but it is a five- to ten -year process and the needs are immediate, Mayor Paulson and the Councilmembers expressed appreciation for the work of ANI{A and offered to help in any way, 5/16194 -1- SINGLE FAMILY ACOUISMQN PROGRAM The Director of Community Development said there are two houses for sale on June Avenue which is in a redevelopment area They are in the middle of the block on the east side of the street. They could be purchased under the Single Family Acquisition Program, as they are not selling well, He said buying the houses now would result in a savings of $50,000 to $60,000. Councilmember Mann asked whether the money is in the budget. The Community Development Specialist stated the budget for the program is approximately $83,000 and about one -half of that is still available, but CDB{G funds could be used. Councilmember Scott commented if the City does not buy the properties now and wish to buy them later, the price will be higher plus relocation costs will be added. The City Manager mentioned neighborhood considerations are a factor with houses on that side of the street. Councilmember Mann said the City needs to be buying outdated apartments in the area and wondered whether the funding to be used for houses could have been used for apartments. The Director of Community Development said it depends on the source of the funding. Councilmember Kalligher asked to have a report prepared on where the funds would come from, as well as the price of the home at 6932 ,Tune Avenue as it is not listed on the information provided. There was also confusion about location of the building. The Director of Community Development said he would study and report on these issues at a future Council meeting. WILLOW LANE REDEVELOPMENT The Director of Community Development said a report due within the next few weeks will have the market analysis and then plans can be set and the Tax Increment Financing (TIF) district can be used. The process involving the Brookdale Motel and the Howard Atkins' property will begin this summer. He said there is a state grant of $275,000 for the acquisition of Widow lane properties. The Director of Community Development recommended the Council, if interested, should say so and then the two properties can be run together. He said two bond issues pretty much pay for everything. He said the negative point about TIF bonds is they are ultimately guaranteed by a tax levy, The City Manager said an action can always be withdrawn later. He mentioned tragic issues may be a concern. 5/16/94 -2- Councilmember Scott agreed careful planning is necessary as there is already a problem with traffic flow at that intersection, She added the area is crucial for setting the tone as people enter Brooklyn Center. Councilmember Mann said she would like to see a small park there. There was a discussion concerning whether it should be a park -like setting, the fact there is a county park nearby with access by a path under the bridge, concerns about a trail not creating law enforcement problems for the police, and how the area will be marketed Mayor Paulson said maybe it should be marketed as a good area for grandparents to raise grandchildren, and maybe a good area for handicapped residences. The Director of Community Development agreed t' .e focus should be more specific than senior housing, as there is plenty of that kind of housing available. Councilmember Scott asked what mix of housing is expected. The Community Development Specialist said complexes are being studied. Councilmember Kalligher asked for a report on the two alternatives, as well as a recommendation. Councilmember Scott said both properties need to be moving along rather than ignoring one. The Director of Community Development said the problem with handling the two together is getting involved in one plan and getting behind on the condemnation. He said the summer will be an intense time on this project. The process (condemned, razed, sit vacant) was mentioned. The Director of Community Development said he will report on financing. EAR LE BRQYCYj HERITAGE CENTER PARKING The Director of Community Development said the Earle Brown Heritage Center is so busy there is now a parking problem. A temporary solution in place is the use of the parking lot at the Earle Brown Towers. There is an opportunity to buy property across the street from the Earle Brown Heritage Center, on the north side. This would provide 250 to 300 off-site parking spaces at a cost of $450,000 to $550,000 ($150,000 to $200,000 to complete, $250,000 to $300,000 to acgwre property). The Director of Community Development suggested proposing a Contract for Deed arrangement as there is a Chapter 11 reorganization in process. Councilmember Mann expressed concern about another large paved area and asked for a complete report on costs. The Director of Community Development said he would work on a proposal and bring it to the Council for consideration. 5/16/'94 -3- 4 Councilmember Rosene asked how many parking spaces are needed. The Director of Community Development said 500 to 600 spaces are needed on a regular basis; the new lot would add 250 to 300 spaces. There was a discussion concerning carrying out the farm motif somehow in the parking area, using landmarks, and using a covered walkway. QDBG FUNDING POLICY REVIEW The Community Development Specialist reported on the steps which would be necessary to amend the 1994 CDBG program to include several nonprofit agencies. He said an amendment in the amount of $10,000 or more would necessitate a public hearing be held. He also said there is a cap of using 15 percent of the budget for public service projects. It is not possible to use 1993 funding because of the cap limit. It is also not possible to use 1494 funding since the overall urban Hennepin County cap is at 15 percent. Councilmember Mann said there should be a plan to use a certain amount of CDBG funds for public service and it should be distributed as the organizations satisfy the application process. The Director of Community Development said a set amount for each year will not work, as he has been warned that an organization which receives money then expects a larger amount the next year. Mayor Paulson said the Council needs to decide whether the City government should even be involved in funding public service programs at all. He said if the City does take on this role, it should use a contractual agreement for its use in providing services rather than making carte blanche contribution, Councilmember Scott said it is the State which mandates the social service programs, therefore the State should fund them and the cities should not. She said it is difficult for a City Council to turn down these organizations but the burden should be put back on the State. The City Manager said a list of organizations should be compiled so the Council could anticipate requests for funding. He also suggested the Council have a work session on the proposal. He said he would fay to set up a retreat date at Earle Brown Farm. REHAB GRANT PRO RA,',1S The Director of Community Development noted the report presented to the Council for the purpose of clarifying th'O issues being studied on the Economic Development Authority's (EDA) Hume Rehabilitation Deferred Loan Program. He reminded the Council two applications for the program had been tabled pending further study and a report by August 1 1994, The Director of Community Development said the goal of the Home Rehabilitation Deferred Loan Program is to restore the housing stock in Brooklyn Center. 5116/94 -4- Councilmember Mann asked whether the standards could be higher than the Section 8 requirements, since they are so minimal. She stated a home should be brought up to sale standards. Councilmember Scott expressed concern people are using the program in the wrong way by buying a house, getting the work done, staying only five years, and then selling it. The Director of Community Development said there are ways to change the program so they can't abuse it that way. The Director of Community Development said there should be a set limit. For example a loan Should not be granted when the repairs exceed 75 percent of the value o£ the house. He said he agreed with the equity requirement, which is no longer in effect. Councilmember Scott said there should be a residency requirement. She suggested a person should live in a house one year before applying for a grant unless a health or safety issue was involved. Councilmember Scott said she favors sweat equity, for example offering the loan for the interior if the owner works on the exterior. The Director of Community Development said people will not follow through. Councilmember Scott commented Habitat for Humanity supports working along with the recipient of the help. She added the neighbors want the exterior of a house repaired. The City Manager suggested putting a requirement on the loan that the owner would need to perform certain repairs. The Director of Community Development coriunented a requirement would add to the burden of the City Staff. Councilmember Scott said it makes her angry people are moving every five years and making money off these programs. She said maybe a check could be made of previous addresses of applicants to see whether they have used this program in another city. Councilmember Scott also suggested extending the lien period. Councilmember Rosene said he would agree with extending the lien period to 10 years but not to 15 years and to decrease the lien by 10 percent per year. The Director of Community Development mentioned the possibility of a deferred loan to be paid back at the point of sale. Councilmember Scott said she would like to see the money put back into the program to improve even more houses. The City Manager said Staff would work on amendments to the program and also check with Housing and Urban Development (HUD) and the Housing Commission. The Council decided to continue to hold on applications to the program but asked to be updated and notified of any emergency situations. 5/16/94 -5 - There was a discussion concerning budgeting and funding by members of the Council. LQCAL AREA NETWORK MS FAILURE The City Manager explained the City has been waiting for new computer technology in line with a plan by LOUIS, Last week the disc serving system went down because the whole memory was full. The City Manager said a great deal of technical information has not been given to the Council. He said he could arrange for LOUIS personnel to meet with the Council to explain the technology or councilmembers could visit LOGIS on an individual basis. Councilmember Mann asked whether the City could have removed data from memory to prevent this. The City Manager said those steps had been taken but the server just "blew up. h The City Manager said it was necessary to spend ;12,000 for a new disc system. These funds came from the Capital Outlay section of the budget. There is a limit of $500 to $750 for this section except for emergency situa which this was. He said at the end of the year budgets will be adjusted between accounts. ADJOURNMENT There was a motion by Mayor Paulson and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9;46 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transen'bed by: Barbara Collwan TimcSavcr Off Site Secretarial 5/16/94 -6- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CEIN i ER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 23, 1994 CITY MALI.. CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Director of Community Development Brad Hoffman, and Council Secretary Barbara Collman. OPENING CEREMONIES Mr. Dunberg offered the invocation. OPEN FORUM Joshua Filson, a member of Boy Scout Troop 529, explained a project he had recently completed. A requirement of the Eagle Scout rank is to plan and complete a project which is beneficial to the school, church, or community. He chose to plant a garden in Evergrccn Park. His plan was submitted and approved by the City, then he began to solicit donations of money, plants, and materials. He organized a garage sale to raise the money to buy a fence. Twenty volunteers helped Joshua plant the garden on May 21. 'There was also a donation of refreshments for the volunteer. Joshua presented the flower garden to the City. He asked for permission to place a plaque at the garden site to explain the project. Maor Paulson complimented Joshua on the accomplishment of his project. He told Joshua the cxperiencz of organizing the people was just as valuable as the experience of planting the garden. He said consideration will be given to eredting a sign. Councilmember Kalligher thanked Joshua for contributing to the community. Diane I. rbes, 5107 East Twin Lake Boulevard, also addressed the Council. She referred to recent articles in the press concerning the Chief of Police. She said she hopes the allegations are unfounded. She said she supports the City and is willing to listen. She asked 51* �i94 - 1 - the Council to treat the allegations seriously, to move quickly in investigating the allegations, and to avoid conflicts of interest. Bob Pe PP e 6713 Toledo Avenue North mentioned the same issue. He said the Council should take action to have an independent investigation. He said the Council has an opportunity to set an example for other government bodies by acting quickly and fairly. COUNCIL REPORTS Councilmember Mann, acting as liaison to the park and recreation commission, read a thank You letter from Mrs. Jody elson concerning the community center. Councilmember Mann Y $ ty commended the staff at the community center. Councilmember Mann, again acting as liaison to the park and recreation commission, said neighborhoods are concerned about the playground equipment. She said the park and recreation commission believes a bond issue is needed to update all park equipment and park buildings, The City Attorney said this project could be in process by 1995. He said a bond issue requires an election, but it is feasible to have a bond sale in early 1995 and also construction in 1995. Councilmember Mann requested discussion cn a bond issue for this matter be on the next City Council worksession agenda Councilmember Mann, as a representative for the Tri-City Airport Commission, issued an invitation to an open house at the Crystal Airport on Sunday, June 5, from 9 a.m. to 4 p.m. Councilmember Mann remarked some citizens want an investigation done in regard to the contToverry mentioned earlier, She asked how long it would take to find uut about procedures for having an outside investigation. The City Attorney said options could be ready by the next Council worksession. Councilmember Mann asked whether a special meeting could be an open meeting. The City Attorney said all meetings are required to be open unless an exception is made;. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to hold a special council session before June 1 to discuss options and procedures for wi outside independent investigation into the allegations and review and expedite resolution. Mayor Paulson said he had, looked into internal and external options for an investigation and agrees with the call for speed which has been expressed by citizens. He said two other i- - personnel reviews and a bond issue - should also be scheduled for a Council worksession. The motion passed unanimously. 5123/94 -2- Councilmember Rosene said the Council should get started on making personnel evaluations which have been put off. Mayor Paulson said the procedure of going through the City Manager should be followed rather than going around the City Manager. There was a motion by Councilmember Kalligher to begin a discussion of a park bond issue and to locate a document for evaluation of the City Manager which should be a discussion item at the next meeting, Mayor Paulson said he thought the Council should actually do the evaluation since speed is called for. It has been put off and now a meeting should be scheduled to perform it. Councilmember Kalligher asked what evaluation form would be used. Mayor Paulson said the Council members each use their own form. Councilmember Kalligher asked whether the evaluation of the City Manager should be handled in a separate meeting or as part of the investigation. She wondered if this subject would be added to the meeting already scheduled before June 1. Mavor Paulson said there should be a meeting concerning the process and then, one or two weeks later, a meeting for the evaluation. Councilmember Mann suggested June 6 as a work session to discuss information obtained in the special session and the review of facts. Mayor Paulson asked if she meant a dis�--ussioa on the bond issue and the evaluation process. Councimember Mann agreed. Councilmember Kalligher added a separate meeting could then be scheduled to use the determined process to do the evaluation. Mayor Paulson said the bond issue should be considered during June, maybe with people addressing the Council on the matter. The City Manager said Mr. Morris could be scheduled to talk about the bond issue on June "4. Councilmember Rosene commented the Council only has the authority to evaluate the City Manager. However, it does approve or disapprove merit for other personnel and therefore needs information on their perforrnanm It is premature to evaluate the City Manager's performance until we ;er information from the investigation (if there is one). Councilmember Scott asked whether personnel evaluation sessions are required to be closed. The City Attorney he believes if the Council is evaluating scrneone subject to its direction and control it is closed unless that person asks for it to be opened. A condition is that the 4 - S purpose for closing it must be announced before the meeting and a summary of the conclusions must be made public at the neat open meeting of the Council. Councilmember Scott said the Council has been busy meeting deadlines and has not intentionally avoided performing this evaluation. She said she agrees the evaluation needs to be done. Councilmember Rosene said the bond issue discussion is important, but the investigation is more pressing timewise. Councilmember Mann said a date should be set for the special session on options for doing an independent investigation. She suggested May 26 or May 31. The Council agreed on Tuesday, May 31 at 8 p.m. for this meeting. The City Manager said he would arrange a place and notify the Council of a location for the meeting. Mayor Paulson said the schedule would then be May 31, a meeting to consider investigation options; June 6, a session to review a personnel evaluation process; and June 20, a session to consider the bond issue. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to hold a work session on June 6,1994, for a personnel evaluation process. The motion passed unanimously. Councilmember Scott asked if it would be closed. The City Attorney said it would be open if it were for discussing a process and closed if it is an actual evaluation. Mayor Paulson announced the recent DARE Relays and bike rodeo were both successful, well- attended events. APPROVAL OF AGENDA AND CONSENT A EN"DA :Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to add an Executive Session following the meeting of the EDA May ?3, 1994, to dixuss a pending lawsuit. The motion passed unanimously. There was a motion by CoundImember Scott and seconded by Courncilme:riber Mann to approve the May 23, 1994, agenda and consent agenda as printed. The motion passed unanimously, 5231 -4- APPROVAL OF MINUTES APRIL 2$, 1994 - REGULAR SESSION There was a motion by CouncUmember Scott and seconded by Counci'lmember Mann to approve the minutes of April 25, 1994, regular session as printed. The motion passed unanimously, MAY 9, 1994 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of May 9, 1994, regular session as printed. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCI kMATION DECLARING MAY 23 THROUGH MAY 30,1994, AS BUCKLE UP AMERICA! WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94-IM Member Celia Scutt introduced the following resolution and moved its adoption: RESOLUTION E RECOGNITION OF AND APPRECIATION FOR THE DEDICATE? FLJJBLIC SERVICE OF DAVID HIZDEBRAINUT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO-94-101 Member Celia Scutt iritroduccd the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EVERETT C. LINDE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed, unanimously. 5123/94 .5 - RESOLUTION NO 94 -102 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIA'T'ION FOR THE DEDICATED PUBLIC SERVICE OF SUSAN G. WARNER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO.- 94 -103 Memher Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR NORTHWEST AREA IMPROVEMENTS, IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12 CONTRACT 1994 -F The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -104 Member C,,lia Scott untroduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR JAMESj&N0X1M4TH AVENUES IM2ROVEMEN'1s IMPROVEMBiN'TPROTECT NOS. 1994 -01 AND 1994 -02 CONTRACT 1994 -E The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -105 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AliTHORIZING ADVERTISElMENT FOR BIDS FOR CENTRAL GARAGE IMPROVEMENTS, IMPROVEMENT PROJECT NO. 1993 -19, CONTRACT 1994 -A The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 5I-?/94 - 6 - RESOLUTION NO 94 -106 Member Czlia 5c:vtt introduccd the following resolution and muvcd its adoption: RESOLUTION ACCEPTING BID N C AND AWARDING CONTRACT FOR 69TH AVENUE LANDSCAPING, PHASE II, IMPROVEMENT PROJ.ECf NO. 1994 -30, CONTRACT 1994 -G The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the final plat of Evangelical Lutheran Church of the Master 2nd Addition. The motion passed unanimously, LIC ENSE$ There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses; AMUSEMENT DEVICE VENDOR B & K. Music and Sales 133 Spring Valley Circle MECHANICAL SYSTEMS Burnsville Hcatiug and A./C, Inc. 12481 Rhode Island Ave. S. C.O, Carlson Air Conditioning Co. 120a Bryant Avenue N. Constrom's Heating and A/C 7201 W. Lake Street Del -Air, Inc. 9834 James Circle Harris Air Systems ti0 Territorial Road Marsh Hcating and A/C Co., Inc. 6248 Lakeland Avenue N. #110 P & D Mechanical Contracting Co. 4629 41st Avenue N. RENTAL DWELLINGS Initial; Franklin C. Jesse, Jr. 4207 Lakeside Avenue N. #238 Renewal: Earle Brown Farm Apartments Earle Brown Farm Apartments Jay Showalter 6742 -44 France Avenue N. Roland Scherber 7212 Newton Avenue N. Harshad Bhatt 7206 -12 West River Road Sharon Krawiecki 5209 Xerxes Avenue N. Anna Gullord 2309 54th Avenue N. The motion passed unanimously. 5/23i94 -7- PRESENTATION 1994 PARTNERSHIP MINNESOTA COOPERATIVE PUBLIC SERVICE AWARD FOR CO - NORTHWEST PROJE�'� The City Manager displayed a plaque which the City has recently received from the Board of Directors of Partnership Minnesota in recognition of its efforts to improve services to citizens. He added this is a significant accomplishment, and he hopes the program will continuc to be productive, Mayor Paulson accepted the award on behalf of the City. CHARTER COMMISSION CERTIFICATES OF APPRECIATION The City Manager introduced the chairman of the Charter Commission, who called on David Hildebrandt and Everett Lindh to come forward. Mayor Paulson presented a Certificate of Appreciation plaque to Mr. Hildebrandt. for his service on the Commission. Mayor Paulson presented a Certificate of Appreciation plaque to Mr. Lindh for his service on the (ommission. Mayor Paulson asked the chairman to present a Certification of Appreciation plaque to Susan Warner for her servicc on the Commission, MAYORAL APP INT�,iENTS HOUSING COMMISSTON Mayor Paulson Said he had rccciyed one application for the Vacancy on the Housing Commission, from Maria Olek, 6612 Ewing Avenue North, He appointed Ms. Ofek to the Housing Commission and asked the Council for confirmation. The. e was a motion by Councilmember Kalligher and seconded by Councilmember Scott to appoint Maria Olek to the Housing Commission. Councilmember Mann commented she believes Ms. Olek will bring a new perspective to the Housing Commission as she is involved in Property management. The motion passed unanimously. SHINGLE CREEK WATERSHED AND WEST iVfISSISSIPPI WATERSHED COMMISSION The City Manager stated the only application received for the Wcst Mississippi Watershed Commission was from City Engineer Mark L'Yfalc -ncy. He said it was appropriate to appoint 5/=,/94 _ 9 - City Engineer Mark Maloney as the commissioner and Director of Public Services Diane Spector as the alternate. Mayor Paulson recommended the appointment of City Engineer Mark Maloney as the commissioner of the watershed districts and Director of Public Services Diane Spector as the alternate. There was a motion by Councilmembcr Scott and seconded by Councilmember Kalligher to appoint City Engineer Mark Maloney as commissioner of the watershed districts and Director of Public Services Diane Spector as the alternate. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 6 Regarding the Administrative Code. This ordinance was first read on April 25, 1994, published in the City's official newspaper on ilyiay 4, 1994, and is offered this evening for a public hearing and second reading, This ordinance approves the new administrative structure. Mayor Paulson opened the meeting or the purpose of a public he ' n g p rp p hearing on An Ordinance Amending Chapter ti Regarding g P a ung the Administrafive Code at 7:37 P .m. He inquired if there was anyone present who wished to address the CouncB. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:38 p.m. The motion passed unanimously. ORDINA..NCE NO 94 -09 Membcr Barb KaUlgher iatrc}duccd the tnllnwing ordinance and ,novcd its adoption: Apt ORDINANCE AltifEV -DING CHAPTER 6 REGARDING THE ADMINISTRATIVE CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, RLS No. 1377, 2700 Freeway Boulevard. This ordinance was first read on April 25, 1994, published in the City's official newspaper on May 4, 1994, and is offered this evening for a public hearing and second reading. The City :Manager reminded the Council this is a piece of easement which was inadvertently missed, is of no use, and should be vacated. Mayor e e or Paulson opened the meeting for the ou e f u i c os o a public hearing on Ordinance Y P S rp p h g An Qr Vacating Part of a Sanitary Sewer Easement, Tract A, RLS No. 1377, 2740 Freeway -5/23 - 9- Boulevard at 7:39 p.m. He inquired if there was anyone present who wished to address the Council. There was a motion b Councilmember Rose y ne and seconded by CounciImember Kalligher to close the public hearing at 7 :40 p.m. The motion passed unanimously. ORDINANCE NO 9410 hleinber Dave Rosenc introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT, TRACT A, RLS NO, 1377, 2700 FREEWAY BOULEVARD The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously, PUBLIC HEARING INITIAL APPLICATION FOR PRIVATE KENNEL LICENSE AT X421 BRYANT' AVENTM NORTH -- The City Manager called the council's attention to a staff report regarding the application for a private kennel license, The issue is four cats are present on the property and the ordinance allows only three cats. He recommended the Council issue the license to allow four cats until December 31, 1994, after which only three cats would be allowed. Cou- ncilmember Rosenc noted a sanitation inspection had not been done, and he would have appreciated having that information even if it couldn't be done within the timeframe needed for the staff recommendation. The City Manager said he had been told there is not a sanitation conceml Mayor Paulson opened the meeting for the purpose of a public hearing on the Initial Application for Private Kennel License at 6421 Bryant Avenue North at 7:41 p.m. He inquired if there was anyone present who wished to address the Council. Jim Roberts, 6421 Bryant Avenue North, said he was present to appeal the denial of the kennel license. He said the application was denied on the basis of one negative letter from a neighbor. In response to the letter from a neighbor, Mr. Roberts said the four cats are kept inside for safety reasons and are not allowed outside. He pledged to continue to keep thc;m inside. He said he and his wife enjoy birds also and have, in fact, put up a birdbath and birdfceder. Mr. Roberts said he and his wife are conscientious pet owners who consider their pets their family. He said three of the four cats have been neutered or spayed and the usher will be 10 - in July 1994. He said he has rccards to show the animals' shots arc up to date. Mr. Roberts said there are two cats aged eight years and two cats aged four years. Mr. Roberts said the cats are hex "thy, neutered or spayed are kep in the house and P are not terrorizing humans or birds. He said he can do nothing about the neighbor's car phobia except assure her she will not encounter, his cats. He went on to say the application stated it was a private license, not a business opportunity. Mr. Roberts also said he did contact the City to reschedule the sanitation inspection. He was told the otfice would coordinate it but be was never contacted again. He said the license was denied because the inspection did not take place, The City Manager said the lack of an inspection was not the reason the license was denied. Mr. Roberts also said he is upset the one person who was concerned about the cats, who had his name and address, had not even contacted him for information about his plans. Mr. Roberts added he understands he and his wife are the first Brooklyn Center citizens to ever apply for a private cat kennel licerif e and surely many people have four or more cats. He felt he was following the Iaw, but if �7e had kept quiet no one would have known. He said he has been "nbbed'; he shouldn't have ev,;n applied for the license. He asked the Council to reverse the denial and send the message honesty is the right way. He said this is an issue which should not have come to this point of Council involvement. Mr. Roberts added he and his wife would o so far g as to promise to not replac., the first cat which lives out its natural life. Councilmember Scott thanked Mr. Roberts for coming to the Council with this and asked whether, now that winter is over, he has gotten to know his neighbors. Mr. Roberts said he ltnows the next -door neighbors and many neighborhood children play basketball in his driveway. Councilmember Scott said cat phobia is very real and scary. She noted there are apparently cats loose in the neighborhood and the Roberts' cats may be bearing responsibility in error. Mr. Roberts said he has heard there is a house in the area with 20 cats. Councilmember Scott suggested he try to meet neighbors; he will probably find the neighbor who objected and he can get to know her and understand her fears and she can get to know him. Mr. Roberts said he had been disappointed the neighbor did not contact him since -she .oew his address. Councilmember Scott commended Mr. Roberts for applying for the license. 5/23/94 Councilmember Rosene thanked Mr. Roberts for bringing the issue to the City Council. He asked what the life expectancy is of the cats. Mr. Roberts said the life expectancy is 11 to 12"years. The kennel license is for three years. Councilmember Rosene stated he believes the neighborhood needs animal control. Councilmember Rosene said he appreciated Mr. Roberts' offer to not replace one of the cats when it dies. He commended Mr. Xoberts for his honesty. Councilmember Rosene told the City Manager he would like to see this ordinance revised. He suggested the Council could allow the Roberts to keep the four cats until there was a documented case of a cat getting out, then be given a warning of six months to comply with the ordinance, He said if the Council does not have the ability to do something like that he would like to see the ordinance revised so it did. He also asked the City Attorney about this procedure, The City Attorney said it is questionable whether such ordinances would be enforceable, He said the ordinance could be amended to provide the Council with the authority to impose specific conditions, The City Manager said this ordinance is seven or eight years old; before that, there was no license procedure. Modification can be considered. Mr. Roberts asked whether the ordinance stipulates three cats pr two dogs are allowed, or if states three cats and two dogs, Councilmember Scott noted the Roberts' case is different because they had the cats before moving to Brooklyn Center. She said a case of four dogs would be different. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to overturn the City Manager's denial of the private kennel license and allow the Roberts to keep their four cats with the spedfcatiQn when one of the cats dies it not be replaced. The motion passed unanimously. IISCUSSIQN ITEMS GISLATIVE UPDATE The City Nfanugur stater the session has ended. The data privacy issue has been cleared up, which is important to the City Assessor. Thcre was a change in the tax increment financing law so the by can nnw establish a TIF district.' The governor vetoed the entire Health and Human Services bill, as well as funding to the Northwest Law Enforcement Project which is part of the Northwest C4 -OP. It was possible for the governor to veto other bills through last Friday, but he is unsure whether he did. A recap of the session will be coming from the League of Minnesota Cities. 5113194 au ymOLDT AVENTJB IMPROVEMENT PROTECT UPDATE The Director of Public Services said the Council had directed Staff to report back on plans concerning the Humboldt Avenue Improvement Project. She said Staff had met with the consultant and the neighborhood representatives, She said Staff has received the level -of- service reports, which NInIDOT uses to evaluate proposed non - standard improvements. She said a rating of A is the best and F is the worst. The report showed a 32 -foot roadway with Parking on one side would be an E or F rating, depending on the time of day. The City has submitted the report and street layout to Mn/DOT but Staff thinks the chances of Mn/DOT approving this plan arc very slim. The Director of Public Services outlined procedures from the Level of Service study to the review of the special asscssment policy. She said if the 32- foot roadway is not approved, there are other options. Other options are 1) direct Staff to submit a variance request (in September) and demonstrate the proposed non- standard roadway would work; or 2) direct Staff to plan a 30 -foot roadway. Another alternative would be to find a different design or different funding sources (not State Aid). The Director of Public Services said the neighborhood representatives seem to prefer the curvilinear alignment and are divided on the preferred construction schedule. Councilmember Mann asked the Director of Public Services whether a proof -of function report would be needed if the 30 -foot roadway plan was instituted. The Director of Public Services said it would not be necessary. She said ,.here would need to be a resolution directing no arkin and the project could . F $, cou possibly e completed in 1994. PJ P Y A 7"ne Director of Public Services said the deadline for a variance request is June 1, and the City cannot apply for variance unless it has a denial from Mn/DOT and a detailed plan. Due to time constraints, the variance application cannot be done now. There was a discussion between Mayor Paulson and the City Manager concerning the course of events and timing, as well as the expected results of the level -of- service study. Councilmember Rosene asked about the position of the neighborhood representatives. The Director of Public Services said she believes they, in general, favor the 32 -foot curvilinear alignment. There was a discussion concerning other details of the planned improvements. Councilmember Rosene commented the Council had said if Plan A didn't work it would go on to Plan B, He said the Council should now go ahead and instirute Plan B. There was more discussion concerning details of the plan. Councilmember Rosene said he favors not having an assessment since people should not have to pay for something they didn't want. -13- Councilmember Kalligher asked whether the improvements can be made this year. The Director of Public Services said i i t S unlike! the projec could be complet i ' s late to award a contract. The Cit d since t i Pl a p ty Mana s aid if there is good weather the roadway could be put in, but detail work would be left until next year. Councilmember Rosene said it should be done right o e g t away so the people could have immediate traffic reduction. Councilmember Scott said sometimes when a road is closed people find alternate routes; maybe when it is re- opened some people will continue to use the. new routes they found. There was a discussion concerning an intersection, buses, and lane usage. Councilmember Rosene said he is in favor of the 30 -foot plan now because waiting a year will not make any difference. Councilmember Mann asked who will pay for the utilities and lighting if there are no assessments. The City Manager said the storm drainage is paid through State Aid. Larry Cuskey, 7024 Humboldt Avenue, said the hope was to reduce the traffic but a 30 -foot roadway will increase the traffic, He urged the Council to use the task force to create a better option. Mike Schwartz, 7100 Humboldt Avenue, said the plan being considered is not an improvement, so the expendlture of money cannot be justified. Councilmember Rosene told Mr. Schwartz the improvements would be in the form of the power lines being buried, the sewers improved, new curb and gutter, and landscaping. He said adding two stop signs and a No Right Turn are right 8 s in the ht direction. Mr. Schwartz asked how much money has been spent at this point. The City Manager said the amount spent in staff time has bccn extensive. The Director of Public Se:vic;.s said about S15,000 to $20,000 has been spent in studies and consulting fees. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to delay any action for this year and if the 32 -foot roadway plan is not accepted to apply for a variance in September. Mayor Pau ., Paulson said h as e agrees with she se f frustration sense o stratian an this t as ' almost � project, in almo a year no progress has been made. tie said the objectives were to build in 1994 acid Luprovc the neighborhood. The motion does not help meet the objectives. Councilmember Mann said a 30 -foot roadway is inadequate; it does not meet the overall community needs, 5mi94 -14- Councilmember Rosene said he would vote against the motion because he would prefer to sce something happen this year; then the task force could consider more areas than Just Humboldt. Roll Il call vote: CounciImember Kalligher, aye; Councilmember Scott, aye; Councilmember Mann, aye; Councilmember Rosene, nay; Mayor Paulson, nay. The motion passed. The Council recessed at 8:48 p.m. The Brooklyn Center City Council reconvened at 9:04 p.m. SHINGLE CREEK DROWNTNG INCIDENT The City Manager pointed out the materials given to the Council on this issue including a citizen petition. He said the drowning incident involves mostly private property issues. Therefore, he recommended the Council await action by the Ponds ownership and residents` group. P. Councilmember Mann said the Council should wait alt to see what level of involvement by the City is needed. There was a motion by Councilmember Mann and seconded by Councilmember Scott to direct Staff to work with the Ponds ownership and residents' group. Mayor Paulsen said the City can help in some areas, such as a Neighborhood Watch. Councilmember Scott suggested an organization cal g gan led Tre., Trust could be involved. It is an organization which supplies summer employment for young people of clean-up work. She said if the area were cleaned up it would be less attractive to small children for play; also, the residents could get involved. She asked Councilmember Mann whether the motion could be amended to include involvement with Tree Trust. Councumember Kalligher commente l, the Council should wait to see how much the Ponds management is willing to do. The City Manager said the City has already extended Crime Watch. Councilmember Mann said the Council cannot force a Crime Watch program. Councilmember Kalligher asked for the Council to be updated on the results of the meeting of the Ponds management and residents group. Councilmember Rosene asked for the motion to be re -read, Councilmember Mann said she had made a motion the Council be informed of the actions of the Ponds management and residents' group, the Staff would work with the stroups, mid Tree Trust be recommended, 5/?..31'94 Councilmember Mann commented the groups should be encouraged, not forced, to start a Crime watch program. Councilmember Scott said the Council needs facts from the groups first then it can coordinate programs. She said the drowning incidcnx Blustrates young children in the area need activities. i Mayor Paulson said that is why he favors the wrtten resolution as opposed to this motion. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 34 QF' THE CITY ORDINANCES REGARDING NONCOMMERCIAL OPINION OR EXLFRESSION SIGNS The City Managcr presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding Noncommercial Opinion or Expression Signs. This item is presented tonight for first reading. The Planning and Zoning Specialist said the Planning Commission recommended this action, which would distinguish between campaign signs and others. He recommended the language be approved. Councilmember Mann said she is comfortable with the wording and would like to see the ordinance come back. There was a motion by Councilmember Mann and seconded by Coun6lmember Rosene to approve first reading of An Ordinancc Amending Chapter 34 of the City Ordinances Regarding Noncommercial Opinion or Expression Signs. Mayor Paulson asked whether other cities have this ordinance. The City Attorney said most cities allow certain signs but prohibit free expression of ideas. Because of the Coward case, such an ordinance is now deemed unconstitutional. Most cities are waiting for guidance from the courts, which is expected soon, but it appears this wording change is enough to withstand argument. He added absolute prohibition as Brooklyn Center has currently is unconstitutional. It is safe to allow one sign (more during campaign seasons). He also stated he has advised the Ci ry g Staff not to enforce the existing ordinance, He said this amendment is a start in the right direction. Councilmember Scott commented this action would at least show the City is attempting to deal with tho issue. The City Attorney agreed and added this amendment would make the ordinance. enforceable, The motion passed unanimously. I 5194 - 16- NT RNI�E. There was a motion b Council ember Kal ' r y m l�ghe and seconded by Councslmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :26 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barbara Collman TimeSavur Off Site Secretarial 5/"23/94 - 17- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION MAY 31, 1994 CITY HALL CALL TO ORDER Mayor Todd Paulson convened a special work session at 8:02 p.m. ROLL CALL Mayor Todd Paulson and Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, City Attorney Charlie LeFevere, and Attorneys Clifford Greene and Mary Dobbins. Councilmember Barb Kalligher was excused from this evening's meeting. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to change the meeting date of the June 20, 1994, Council work session to June 21, 1994, at 7 p.m. to accommodate the presentation of Mr. Bill Morris relating to alternative processes to be used in establishing a bond issue referendum for capital projects in Brooklyn Center. The motion passed unanimously. The City Council adjourned the regular session into an executive session at 8:06 p.m. for the express purpose of discussing pending litigation. The City Council adjourned the executive session part of the meeting at 9:05 p.m. and after a break reconvened the Council work session at 9:16 p.m. The City Attorney discussed the advisability of an outside consultant review of issues raised in pending litigation. He also discussed the relationship of data practices act and the open meeting law. The City Attorney review - -1 the City Council's discussion at the last meeting when it requested a report on the options available to conduct an outside investigation of various administrative matters and discussed various ways the Council might proceed in conducting an independent review of such matters. After discussion, there was a motion by Councilmember Rosene and seconded by Councilmember Scott to commence the development of an RFP for consulting services relating to: (1) management evaluation of police department, city council, and city manager; (2) the evaluation of the existence or nonexistence of a hostile racial and /or sexual environment in the police department; and (3) review of communication issues, leadership issues, employee hiring evaluation,- and discipline issues within the department and an additonal or stage II RFP for total quality management and customer service analysis relating to all departments. The City Council requested a report on the status of the development of the RFP at its June 13, 1994, meeting and listing of potential outside 5/31/94 -1- consultants who could accomplish this analysis and an estimated range of costs for these services. The motion passed unanimously. ADJOURNMENT The City Council adjourned the meeting at 9:58 p.m. Deputy City Clerk Todd Paulson, Mayor 5/31/94 -2- CITY OF BROOKLYN CENTER Council Meeting Date 6 -13 -94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 34 of the City Ordinances Regarding Non - Commercial Opinion or Expression Signs ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: e #00000, �Z/ in I Ronald A. Warren, Planning and Zoning Specialist MANAGER'S REVIEW /RECOMMENDATION: � No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • On May 23, 1994 the City Council held a first reading on an ordinance amending Chapter 34 of the City Ordinances regarding non - commercial opinion or expression signs. This ordinance amendment had been recommended by the Planning Commission following review and discussion by that body at their March 17, April 28, and May 12, 1994 meetings. The recommended ordinance would define and distinguish "campaign signs" and "non- commercial opinion or expression signs ". Campaign signs are already allowed by ordinance and can be displayed during a specific period of time when campaigns are being conducted. The non - commercial opinion or expression signs would be allowed to be displayed anytime but would be limited to one such sign not to exceed 6 square feet in area per residentially zoned or used property, provided that the sign is not illuminated and is maintained and not otherwise prohibited by other sections of the sign ordinance. In commercial or industrial areas a person could utilize existing signery for the purpose of non - commercial opinion or expression sign. RECOMMENDATION It is recommended that the City Council adopt the proposed ordinance amendment following further review and public hearing at Monday evenings meeting. U CITY OF BROOKLYN CENTER Notice is hereby g iven that a p ublic heari will be held on the 1 da y of Ju y r r � y �e, 1994, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amendment to Chapter 34 of the City Ordinances. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING NONCOMMERCIAL OPINION OR EXPRESSION SIGNS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinance of the City of Brooklyn Center is hereby amended in the following manner: Section 34 -100 STATEMENT OF PURPOSE. The purpose of this ordinance is to protect and promote the public health, safety, and welfare within the City by the establishment of comprehensive standards, regulations, and procedures governing the erection, use or display of devices serving as visual communications media; to promote and preserve aesthetics within the City; to preserve the residential character of residential neighborhoods; to preserve order and cleanliness; to avoid the appearance of clutter; to avoid litter and the growth of weeds around signs: to provide for necessary visual communication to preserve and promote a pleasant physical environment, to protect public and private property, and to encourage safety upon the streets and highways within the City of Brooklyn Center by preserving sight lines and reducing distractions to motorists and to reduce adminstrative burdens by regulating the type, number, structure, size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within said City. The City Council finds that off - premise advertising signs constitute traffic safety hazards and are unattractive. The provisions of this Chapter regulating off - premises advertising signs are consistent with other efforts within the City to enhance aesthetics and promote traffic safety, such as regulations pertaining to solid waste disposal, anti- littering, and traffic safety. Section 34 -110 DEFINITIONS. The language set forth in the text of this ordinance shall be interpreted in accordance with the following definitions. Words used in the present tense shall include the future; words used in - the singular shall include the plural and the plural includes the singular. Sign, Campaign - A Iempgrgry sign promoting the candidacy„ of a person running for a governmental office or promoting a position on an issue to be voted on at a governmental election. Sign, Noncommercial Opinion or Expression - A sign which does not advertise products goods. businesses or services and which expresses an opinion, statement or point of view. Section 34 -140, PERMITTED SIGNS. 2. Permitted Signs not Reauirin_g_ a Permit, L Portable and freestanding [political] ompaign signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area, except that there shall be no limitation on the size of [political] campaignn or other noncommercial signs during the period from August 1 in a state general election year until ten (10) days following the state general election. Freestanding [political] campaign signs may be installed only upon private property with the permission of the property owner who shall be responsible for the removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal [political] campaign sign shall be held responsible therefor. n. Noncommercial opinion or expression signs as follows: 1 One such sign not to exceed six (6) sQ - uare feet in area is allowed on private residentig4 zoned or used property. with the consent of the grog owner. provided it is not an illuminated sign and is erected and maintained in accordance with Section 34 -140. Subdivision 1 and is not otherwise prohibited by Section 34 -130 of the CjV Ordinances, 2. Any single sign or signable area allowed on a site which is devoted to my commercial or industrial use may be used. in lieu of other sign ge permitted under this ordinance. as a non - commercial .opinion or expression sign. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Council Meeting Date 06 /13/94 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: PUBLIC HEARING REGARDING PROPOSED IMPROVEMENTS ON SHINGLE CREEK PARKWAY, IMPROVEMENT PROJECT NO. 1994 -19 Department Approval: , ��4 W-.14 Mark J. M oney ity Engineer Manager's Review /Recommendation: Ad&�� No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _ On May 9, 1994, the City Council adopted Resolution No. 94 -95, which scheduled a public hearing for the proposed improvements for Shingle Creek Parkway. The City Council has also received and accepted the • Engineer's Feasibility Report for these proposed improvements, a copy of which was provided to all property owners in the project area together with the notice of this public hearing. The proposed project consists of milling and overlaying Shingle Creek Parkway from Freeway Boulevard to the limits of the recent 69th Avenue North project. A minor amount of utility repair is also included. Because this segment of Shingle Creek Parkway is part of Brooklyn Center's Municipal State Aid system, qualifying project costs are eligible for funding from the City's Regular Municipal State Aid account. The water main, sanitary sewer and storm drainage costs are to be funded by their respective utility funds. It is also proposed to specially assess the adjacent benefitting properties for the roadway improvements, with the same general policy and methodology as was used for the 1990 overlay project on Humboldt Avenue from Freeway Boulevard to 69th Avenue North. It i recommended ' s ommended that tonight's s roceedin s be conducted in the follow' format: g proceedings mg f at. 1. City staff presentation of an overview of the proposed improvements. 2. Open the public hearing for comments regarding the proposed improvements. 3. Close the public hearing. 4. Discussion by the City Council. 5. Consideration of the attached resolution. Recommended City Council Action: A resolution which orders the improvements for Shingle Creek Parkway, approves the plans and specifications and authorizes advertisement for bids is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1994 -19, SHINGLE CREEK PARKWAY OVERLAY, FREEWAY BOULEVARD TO 69TH AVENUE NORTH, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, the Brooklyn Center City Council has previously received and accepted a feasibility report as prepared by the City Engineer for proposed improvements on Shingle Creek Parkway; and WHEREAS, the City Engineer has prepared construction plans and specifications for the proposed improvements; and WHEREAS, Resolution No. 94 -95, adopted on the 9th day of May, 1994, set a date for a public hearing regarding proposed improvements for Shingle Creek Parkway; and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 13th day of June, 1994, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at, or prior to the June 13, 1994 hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1994 -19, Shingle Creek Parkway Overlay is hereby ordered. 2. Said plans and specifications as prepared by the City Engineer are hereby approved. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the 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 Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be RESOLUTION NO. given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City -Clerk for 5 percent of the amount of such bid. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 6/13/94 City of Brooklyn Center Agenda item Number Request For Council Consideration Item Description: Annual Financial Report Department Approval: ULI � h w � Charles Hansen, Finance Director Manager's Review /Recommendation: 'AIV-4w No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) Representatives of the City's auditors, Deloitte & Touche, will be at the June 13, 1994 City Council meeting to present the financial reports and the results of the annual audit. Included in the agenda packets are the following reports: • Comprehensive Annual Financial Report Schedule of Federal Financial Assistance Auditor's Letter to the City Council Management Letter Recommended City Council Action: Passage of a motion accepting the reports. Deloifte & ! � buche 400 One Financial Plaza Telephone: (612) 397 -4000 120 South Sixth Street Facsimile: (612) 397 -4450 Minneapolis, Minnesota 55402 -1844 � April 8, 1994 Honorable Mayor and Members of the City Council City of Brooklyn Center, Minnesota We have audited the general purpose financial statements of the City of Brooklyn Center (the City) for the year ended December 31, 1993 and have issued our report thereon dated April 8, 1994. Our professional standards require that we communicate with you concerning certain matters that may be of interest to you in fulfilling your obligation to oversee the financial reporting and disclosure process for which management of the City is responsible. We have prepared the following comments to assist the Mayor and City Council in fulfilling that obligation. Our Responsibility under Generally Accepted Auditing Standards: • Our responsibility under generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States, has been described to you in our engagement letter dated November 29, 1993. As described in such letter, those standards require that we plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the general purpose financial statements are free of material misstatement. Those standards also require that we obtain an understanding of the City's internal control structure sufficient to enable us to properly plan our audit. We have previously issued a separate report to you, also dated April 8, 1994, containing our comments on the internal control structure. Significant Accounting Policies: The City's significant accounting policies are disclosed in the notes to the general purpose financial statements. There were no changes in these policies during 1993. Management Judgments and Accounting Estimates: Accounting estimates are an integral part of the financial statements prepared by management and are based upon management's current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. All of the significant management judgments and accounting estimates in the 1993 general purpose financial statements were normal and recurring and were determined on bases consistent with those used in prior years. Deloittebuche Tohmatsu International Honorable Mayor and Members of the City Council City of Brooklyn Center, Minnesota April 8, 1994 Page 2 Other Information in the Annual Report: When audited financial statements are included in documents containing other information, such as the City's Comprehensive Annual Financial Report, generally accepted auditing standards require that we read such other information and consider whether it, or the manner of its presentation, is materially inconsistent with the information, or the manner of its presentation, in the general purpose financial statements audited by us. We have read the other information in the City's Comprehensive Annual Financial Report and have inquired as to the methods of measurement and presentation of such information. if we had noted a material inconsistency, or if we had obtained any knowledge of a material misstatement of fact in the other information, we would have discussed this matter with management and, if appropriate, with the Mayor and City Council. Disagreements with Management. We had no disagreements with management regarding the application of accounting principles, the basis for management's judgments about accounting estimates, the scope of our audit, disclosures to be included in the general purpose financial statements, or the wording of our report on the 1993 general purpose financial statements. Consultation with Other Accountants: Management informed us that there were no consultations with other independent public accountants regarding accounting or auditing matters during 1993. Major Issues Discussed with Management Prior to Retention: We discussed no major accounting or auditing issues with management in connection with our retention as the City's auditors in 1993. Difficulties Encountered in Performing the Audit. We experienced no difficulties in dealing with management relating to the performance of our audit. We received the full cooperation of management and staff. Our audit scope was essentially the same as reviewed with you in our November 29, 1993 engagement letter. We believe that we have direct and unrestricted access to the City's senior management and to the Mayor and City Council. Honorable Mayor and Members of the City Council • City of Brooklyn Center, Minnesota April 8, 1994 Page 3 This report is intended solely for the use of the Mayor and City Council and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City, is a matter of public record. We will be pleased to further discuss this report with you at your convenience. Yours truly, • Deloifte & Touche 400 One Financial Plaza Telephone: (612) 397 -4000 04w 120 South Sixth Street Facsimile: (612) 397 -4450 Minneapolis, Minnesota 55402 -1844 April 8, 1994 Honorable Mayor and Members of the City Council City of Brooklyn Center, Minnesota In planning and performing our audit of the general purpose financial statements of the City of Brooklyn Center (the City) for the year ended December 31, 1993, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing an opinion on the general purpose financial statements and not to provide assurance on the internal control structure. In connection therewith, we submit this Commentary Report containing our comments, observations, and recommendations concerning administrative and operating matters which resulted from our audit of the City's 1993 general purpose financial statements. Our observations and recommendations are presented under the following main captions: • I. Administrative and Operating Matters 11. Status of Prior -year Recommendations This report is intended solely for the information and use of the Mayor and City Council, management, and others within the organization. We will be pleased to discuss these recommendations with you and, if desired, to assist you in implementing any of them. Yours truly, f Deloittebuche Tohmatsu International ADMINISTRATIVE AND OPERATING MATTERS Cash Collateralization: Observation: Minnesota State Statute 118.01 Subdivision 2 stipulates that the City's depository institution must collateralize deposits in excess of FDIC insurance coverage. Such collateral must have a fair market value of at least 110% of the amount of excess deposits if collateralized by qualified investments other than notes secured by first mortgages. At December 31, 1993, the City's deposits appeared to be adequately collateralized. However, on three of the four dates we selected when the City had large cash deposits, we found collateral pledged by the City's depository institution to be less than 110% of the City's excess deposits. The collateral deficiency on the dates selected was corrected within one to two days. Recommendation: We recommend the City closely monitor the adequacy of collateral on hand throughout the year, particularly when large deposits are made. Uncollected Property Taxes. Observation: • In recent years, tax abatements and delinquencies have caused the City to experience significant shortfalls in its property tax collections, compared to the amounts originally certified. These shortfalls have ranged from 2.42% to 7.44% in the last four years. In adopting the 1994 budget, the City incorporated a 2% estimated uncollectible allowance into the tax levy. In other words, the City certified an amount to Hennepin County that was 2% more than the amount recognized in the budget. Recommendation: We recommend the City continue to monitor the level of tax abatements and delinquencies and consider increasing the estimated uncollectible allowance (e.g., 3% for the 1995 budget and 4% for the 1996 budget) P continues. if the adverse experience co t' oues. General Fund Programs: As state revenue sources are decreased, the State will be looking at cities' financial conditions in an effort to cut state spending. This procedure has already been implemented with school districts whereby the State looked at fund balances, particularly in the general fund, as an area to potentially decrease funding. The general fund of the City has a positive fund balance of $4.6 million as of December 31, 1993 which is approximately 47% of general fund expenditures, as compared to $5 million and 52% for 1992. The decrease resulted from the transfer of assets to establish the Internal Service - Central Garage Fund to account for the acquisition and maintenance of city vehicles. However, several 2 programs remain in the fund which directly or indirectly benefit the community or the City as a whole. These programs could be transferred to other fund types such as enterprise, special revenue, or internal service, where applicable. Recommendation: To avoid possible future funding decreases from the State, the City should consider moving additional programs into other funds. The City should also consider establishing internal service funds for data processing and other central services and an enterprise fund for recreation programs. These transfers would help decrease the overall general fund balance and more accurately reflect the nature of the programs. Worker's Compensation Self Insurance: Observation: Some cities self - insure for certain types of risk (i.e. worker's compensation) up to certain limits and, as a result, have experienced savings compared to purchasing standard insurance policies. However, such a program also exposes the City to higher risk and administrative work. Even with a safety program, years with high losses will occur. Settling claims with employees can become very personal, controversial, and time consuming if handled by City staff. Despite these problems, the potential savings make this worth considering and it presents another opportunity to transfer assets from the General Fund to set up a reserve in the Self- Insurance Fund. • Recommendation: We recommend the City consider the costs /benefits of a self- insurance program for worker's compensation. Such a program could be established by implementing the following procedures: 1. Contract with a third party administrator to gain insurance expertise and objectivity in settling claims. 2. Have the third party administrator calculate a reserve requirement and transfer that amount from the General Fund to set up the Self - Insurance Internal Service Fund. 3. Charge the various funds the same worker's compensation rates that an insurance company would until several years experience are gained to justify lowering them. Governmental Accounting Standards Board Statement No. 20: Observation: The Governmental Accounting Standards Board (GASB) issued Statement No. 20, Accounting and Financial Reporting for Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting. This statement requires that in 1994, the City adopt in its proprietary funds all FASB Statements and Interpretations, APB Opinions, and Accounting Research Bulletins issued on or before November 30, 1989, unless they conflict with or contradict GASB pronouncements. The City may also elect to adopt all such pronouncements issued after November 30, 1989, if it desires. 3 Recommendation: . The City currently follows all applicable guidance issued before November 30,1989. The City should consider whether to elect adoption of the pronouncements issued after November 30, 1989. 4 STATUS OF PRIOR -YEAR RECOMMENDATIONS Cash and Investments Management: In 1992, significant investments were included in Custodial Credit Risk Category 3, the greatest level of custodial risk. In 1993, the City entered into a trust arrangement and all investments currently qualify as Category 1. Cash Collateralization: The comment is repeated in the current -year letter. Submission o f Outstanding Obligations to Hennepin County: In 1992, the report was submitted after the due date. In 1993, the report was submitted prior to the due date. Obtainment o f Performance Bonds: In 1992, it was noted that a performance bond was not obtained for a fire engine contract. No instances of noncompliance were noted in 1993. LOGIS: In 1992, it was recommended that an audit of the general computer controls of LOGIS be requested. The City is currently considering the cost benefit of such an audit. General Fund Programs: The comment is repeated in the current -year letter. General Accounting Standards Board Statement No. 14, The Financial Reporting Entity. Requirements relating to the statement were implemented in the 1993 CAFR. 5 Council Meeting Date 6/13/94 31 City of Brooklyn Center Agenda Item N.ber Request For Council Consideration • Item Description: Report on Status of Development of RFP for Consulting Services Department Approval: Gerald G. Splinter, City Manage Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes The city council has requested the city manager and city attorney to develop a Request for Proposal (RFP) for a management study of the police department. We have accumulated, to date, a list of three firms which appear qualified to do this type of study. They are Carroll Buracher and Associates; PERF • (a nonprofit management assessment firm represented by Sheldon Greenberg); and Dr. Bill Dwyer, a professor at Memphis State University. We have currently made contact with Buracher and Dwyer and have not been able to contact Mr. Greenberg. We have had the most extensive contact with the Buracher firm and then Dr. Dwyer and we have yet to make contact, as we are exchanging phone calls with Mr. Greenberg. It appears that both Mr. Buracher and Professor Dwyer have completed this type of activity before. The Buracher firm has worked in the Minneapolis /St. Paul suburban area. These initial contacts indicate this type of analysis, depending on its final parameters, would range in cost from $45,000 to $50,000 on up to as high as $60,000 to $70,000. Billing rates for this type of work appear to be in the range of $1,000 per day, plus expenses. It appears this study would involve an initial management needs analysis, evaluation and defining of problems and needs which would involve fact finding, an evaluation of organizational climate, and team - building and process - consulting activities. It appears all three of these organizations would have the capability of doing this type of analysis and have significant experience in these matters. All three of these firms specialize in police department management analysis and studies. The Buracher firm is Federal Expressing documents to me which would outline the capabilities of their firm and their approach to this analysis. I will be receiving these documents on Friday and will forward them out to the city council upon receipt. Dr. Dwyer will be sending out similar information to me early next week. We will continue our efforts to contact Mr. Greenberg of the PERF firm. The council also requested the staff report back on the feasibility of an additional study or process to the police management review which would encompass the full organization and involve the concepts • of customer service orientation and total quality management (TQM). Our initial review indicates there are a number of firms available for this type of work, but the firms which concentrate in this area are not the same firms that do police management analysis. It appears it would be advisable to separate these two processes and hire different consulting firms for them. We have been able to locate, at this point in time, three firms among I'm sure many more which do these type of analysis and training. Two firms are local firms called PRISM and St. Thomas Management School and another is a group S affiliated with the International City Manager's Association. I have yet to get estimates of cost of this analysis and training, but I will be able to provide that to you at a later date if you wish to consider this process further. The Financial Commission, later this year, is scheduled to review the concept of TQM for Brooklyn Center. Recommended City Council Action: Review this memorandum and materials received from the Buracher firm and discuss any further direction needed to staff to move this process along. Council Meeting Date 6/13/94 3 Crty of Bro o klyn Center Agenda Item Numbe Request For Council Consideration 0 Item Description: City Manager Evaluation and Schedule Process Department Approval: Gerald G. Splinter, City ManageIV Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summa Explanation: (supplemental sheets attached Summary su P PP At your work session of June 6, 1994, the council discussed and reviewed various options for an evaluation process for the city manager. The city attorney was asked to prepare a schedule and description of the process. Attached please find a copy of a table labeled "City Manager Evaluation t Schedule" and this document does contain a description of the process as agreed in discussions among the councilmembers at your June 6, 1994, meeting. I have attached for your information copies of the Performance Progress Discussion forms and evaluation forms the city council appeared to favor at the June 6, 1994, meeting. Recommended process and schedule d C' Council Action: Discuss the city attorney's recommended �Y Y Y P and approve as submitted or modify. • 612 337 9310 06/04/94 15:54 HOLNES & GRAVEN N0.00e 002 CITY MANAGER EVALUATION SCHEDULE TARGET DATE EVENT i . June 27 Manager completes and submits to Mayor and Councilmembers 'the "Performance Progress Discussion" 2. July 15 Mayor and Councilmembers complete and submit to Manager the City Manager Evaluation 3. July 16 Manager distributes copies of all evaluations to Mayor and City Councilmembers 4. July 16- August 5 Mayor and each Councilmember schedule and hold meeting with Manager. Mayor and Councilmembers complete "Supervisors Notes" sections of the P+rformance Progress Discussion and submit same to Manager 5. August 6 Manager distributes all completed "Performance Progress Discussion" to Mayor and all Councilmembers 6. August Council work session performance evaluation NOTE: Mayor and Councilmembers should not feel limited to the evaluation forms. For example, additional comments, concerns and suggestions could accompany submission of the evaluation or the Supervisor's notes. I i Employee Name- PERFORMANCE PROGRESS DISCUSSION 1. Over the past 12 months, what do you believe are your most outstanding accomplishments ? What do you believe you did best or improved most? Were there any problems or obstacles you overcame which made you feel especially proud? Employee's Note: Supervisor's Notes: 2. Over the past 12 months, what task or tasks do you believe you could have performed better? What would you like to do over and differently? What areas could you have used more experience or training? Employee's Note: Supervisor's Notes: I Over the past 12 months, document what you have done to ensure there is not an environment of sexual harassment within your department. Employee's Note: Supervisor's Notes: 4. What could I have done, as your supervisor, to help you be more effective? Employee's Note: Supervisor's Notes: 5. What suggestions, ideas, concerns do you have for yourself, or for your department? (Your responses will be held in strictest confidence, if requested.) Employee's Note: Supervisor's Notes: 6. Do ou have ave any competencies now that you are not using, or that you feel are under used, that you would like to use more? Employee's Note: Supervisor's Notes: 7. Are there an competencies that you don't have now and that you would li ke to Y P Y ou d Y develop? Employee's Note: Supervisor's Notes: 8. Do you have any other questions or items of discussion? Employee's Note: Supervisor's Notes: 9. Supervisor's Summary: Date of Performance Review Conference: Supervisor's Signature: Date: 10. Employee comments (after conference and completion of supervisor's notes and summary). Employee Signature: Date: City Manager's Comments: City Manager's Signature: Date: CITY OF MINNETONKA EVALUATION OF CITY MANAGER Explanations and Directions Evaluation as Team Building If evaluation is to be, in the truest sense, a means of team building, certain conditions must prevail. The two processes must be compatible and interrelated in the following ways: 1. Evaluation is basically a means, not an end in itself. 2. The trust level between the evaluatee and evaluators must be high. 3. The roles each are to fulfill must be clearly indicated and accepted. 4. Responsibilities are matched with pre- determined standards of performance Definition of Roles 1. City Council A. Conduct annual assessments of performance of the City Manager. B. Respect the prerogatives of the City Manager insofar as operation management function of the organization is concerned and the policy function of the Council. C. Make assessments in -general terms but also by using specific examples in instances where specific improvements are needed or when explicit commendations are due. City Manager A. Accepts the prospects of annual evaluation. B. Understands the scope and thrust of the evaluations. C. Expects the evaluations to adhere to the established procedures for evaluating the performance of the City Manager. D. Agrees to make the effort to implement results of the evaluation. Pre - determined Performance Standards A performance standard is defined as a condition that will exist when a responsibility or function is successfully performed. It is essential that a performance standard be established, at the outset, for each of the eight major areas of responsibility of the City Manager. This is necessary in order to use the rating scale effectively. Major Areas of Responsibility It should be reiterated that in determining the appropriate level of expectations, actual performance must be measured in relation to the indicated standard of performance. Eight major areas of responsibility serve as the basis upon which assessments are to be made. Descriptors are provided under each to clarify the meaning and content of the area. However, the evaluation is made of the major area. 1 Explanations and Directions (Continued) g ating Symbols Rating symbols are used to make the assessments; and these symbols fall into three main categories: E = Exceeds Expectations (performance has been above reasonable expectations) M = Meets Expectations (performance has attained a level of reasonable expectations) B = Below Expectations (performance has been below reasonable expectations) To allow for further refinement of these assessments, each of the three categories can be indicated with a ( +) or (-) symbol. This allows for a continuum of nine rating categories from B- which indicates the lowest rating to E+ which indicates truly exemplary performance. As indicated earlier, without more precise definition of the term "expectations ", it is possible that ambiguity will result in the use of the term. In order to help avoid this possibility, the concept of performance standards is used. It will be noted that in connection with each major area, a performance standard is stated, including the conditions that have to be met in order to decide the extent to which "expectations" have been met. 2 EIGHT MAJOR AREAS OF RESPONSIBILITY I. Organizational Management 11. Fiscal /Business Management III. Program Development and Follow- through IV. Relationship with the Mayor /Council V. Long Range Planning VI. Relationship with Public /Public Relations VII. Intergovernmental Relations Vill. Professional /Personal Development 3 I. ORGANIZATIONAL MANAGEMENT Responsibility *Plans and organizes the work that goes into providing services established by past and current decisions of the * ouncil. Plans and organizes work that carries out policies adopted by the Council and developed by staff. *Plans and organizes responses to public requests and complaints or areas of concern brought to the attention of staff by Council and staff. OEvaluation and keeping up with current technology. •Selecting, leading, directing, and developing staff members. Performance Standard Organizational Management will be considered effective when majority f h conditions 9 e a ado ty o the co d bons have been successfully fulfilled. *Well qualified, promising persons are recruited and employed. *Employees are appropriately placed contributing to a high retention rate. *Supervisory techniques motivate high performance. *Citizen complaints are effectively resolved. *The organization is aware of new trends in technology. Rating (circle one) E+ E E- M+ M M- B+ B 13- Comments: (Observations of Evaluators) 0 Suggestions for Improvements: (Specific area(s) that need strengthening) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and /or commendations) 4 11. FISCAL /BUSINESS MANAGEMENT Responsibility ePlans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. Plans, organizes, and administers the adopted budget with approved revenues and expenditures. *Plans, organizes and supervises the most economic utilization of manpower, materials, and machinery. OPlans and organizes a system of reports for Council that provide the most up -to -date data available concerning expenditures and revenue. *Plans and organizes maintenance of City -owned facilities, buildings, and equipment. Performance Standard Fiscal /Business Management will be considered effective when a majority of the conditions have been successfully fulfilled. *Budget preparation and management are thorough and effective. *Cost- effective measures are persistently pursued. *Financial reporting is timely and readily understandable. OPhysical facilities management is efficient. Rating (circle one) IL E+ E E- M+ M I M- I B+ 1 B 1 B- Comments: (Observations of Evaluators) 0 Suggestions for Improvements: (Specific area(s) that need strengthening) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and /or commendations) 5 Ill. PROGRAM DEVELOPMENT AND FOLLOW- THROUGH Responsibility *Plans and organizes on -going programs and services to City government. F e Plans and organizes work involved in researching program suggestions by Council and staff and the reporting of the sults of analysis. *Maintains knowledge of current and innovative trends in the area of services being provided by local governments, and incorporates that knowledge in program suggestions and research. •Plans and organizes work assigned by the Council so that it is completed with dispatch and efficiency. •Plans, organizes and supervises implementation of programs adopted or approved by the Council. Performance Standard Program planning techniques and procedures will be considered effective when a majority of the conditions have been successfully fulfilled. sOngoing programs and services are fully responsive to the City's needs. •Monitoring procedures are in place and functioning well. •Measurable outcomes (to the extent possible) are used to determine success in program planning. oThe City Manager can be depended upon to follow through. •Makes most effective use of available staff talent. Rating (circle one) E+ E E- M+ M M- B+ B B- Comments: (Observations of Evaluators) 0 Suggestions for Improvements: (Specific area(s) that need strengthening) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and /or commendations) 6 IV. RELATIONSHIP WITH MAYOR AND CITY COUNCIL Responsibility •Maintains effective communication, both verbal and written, with Council. 0 Maintains availability to Council, either personally or through designated subordinates. Establishes and maintains a system of reporting to Council current plans and activities of the staff. 0-O Plans and organizes materials for presentations to the Council, either verbally or written, in the most concise, clear, and comprehensive manner possible. Performance Standards Relations with the Mayor and Council will be considered effective when a majority of the conditions have been successfully fulfilled. •Materials, reports, presentations and recommendations are clearly and convincingly made. •Communications are made in a timely, forthright, and open manner. *Responses to requests are made promptly and completely. *Recommendations appear to be thoroughly researched. •Adequate information is provided to Council to make decisions. •A system is in place and utilized to report to Council current plans, activities, and events of the City. Rating (circle one) E+ E E- M+ M M- B+ B :B:- Comments: (Observations of Evaluators) Suggestions for Improvements: (Specific area(s) that need strengthening) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and /or commendations) 7 V. LONG RANGE PLANNING Responsibility *Maintains a knowledge of new technologies, systems, methods, etc. in relation to City services. Keeps Council advised of new and impending legislation and developments in the area of public policy. Plans and organizes a process of program planning in anticipation of future needs and problems. •Establishes and maintains an awareness of developments occurring within other cities or other jurisdictions that may have an impact on City activities. *Plans, organizes and maintains a process for assisting the Council in establishing community goals including a process for monitoring and reporting on the City's progress toward achieving those goals. Performance Standard Strategic planning will be considered effective when a majority of the conditions have been successfully fulfilled. •A well- constructed long -range (strategic) plan is currently in operation. eAnnual operational plans are carried out by staff members. •An on -going monitoring process is in operation to attain quality assurance in program and project implementation. *Program evaluation and personnel evaluation are interrelated with the strategic planning process. *Legislative knowledge is current and complete. Rating (circle one) E+ E E- M+ M M- B+ B =B- Comments: (Observations of Evaluators) 0 Suggestions for Improvements: (Specific area(s) that need strengthening) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and/or commendations) 0 8 VI. RELATIONSHIP WITH PUBLIC /PUBLIC RELATIONS Responsibility *Plans, organizes and maintains training of employees who have primary responsibility for contact with the public, ither by phone or in person. Ensures that an attitude and feeling of helpfulness, courtesy, and sensitivity to public perception exists in employees coming in contact with the public. • Establishes and maintains an image of the City to the community that represents service, vitality and professionalism. *Establishes and maintains a liaison with private non - governmental agencies, organizations and groups involved in areas of concern that relate to services or activities of the City. Performance Standard Communication services will be considered effective when a majority of the conditions have been successfully fulfilled. *Contacts with the media are timely and credible. *Publications are varied and consistently well received by the citizens. *Feedback from the public and the community leadership is positive. *City has good image with comparable organizations. •Ability to solicit and use feedback from the public. Rating (circle one) E+ E E- M+ M M- B+ B 8- Comments: (Observations of Evaluators) 0 Suggestions for Improvements: (Specific area(s) that need strengthening) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and /or commendations) 9 VII. INTERGOVERNMENTAL RELATIONS *Maintains awareness of developments and plans in other jurisdictions that may relate to or affect City governments. *Establishes and maintains a liaison with other governmental jurisdictions in those areas of service that improve or enhance the City's programs. Maintains communications with governmental jurisdictions with which the City is involved or has interaction. Performance Standard Intergovernmental relations will be considered effective when a majority of the conditions have been successfully fulfilled. *Sufficient activity with municipal and professional organizations. *Regarded as leader by municipal officials. *Provides examples of good ideas from other jurisdictions. *Positive relationship with surrounding cities. *Good cooperation with County and State agencies. •Improved mutual understanding and relationship with the State Legislature. Rating (circle one) E+ E E- M+ M M- B+ B =B- Comments: (Observations of Evaluators) Suggestions for Improvements: (Specific area that p p (s) t t strengthening) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and /or commendations) 10 VIII. PROFESSIONAL /PERSONAL DEVELOPMENT Responsibility *Maintains awareness and value of broadening professional and personal development. Demonstrates imaginative leadership initiatives. Ability to build cohesiveness in staff. *Decisiveness in leadership performance. *Effectiveness in verbal communications. Performance Standard Professional and personal competencies will be considered effective when a majority of the conditions have been successfully fulfilled. *Management techniques show evidences of innovation, imagination, and decisiveness. •Synergetic techniques are fostered. *Continuous professional personal growth is demonstrated. Rating (circle one) E+ E E- M+ M M- B+ B B- Comments: (Observations of Evaluators) Ouggestions for Improvements: (Specific area(s) that need strengthening) P 9 9) Commendations: (Area(s) of performance calling for praise /commendation) Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions, and /or commendations) 11 CITY MANAGER EVALUATION YEAR I. RELATIONS WITH COUNCIL Circle One Above Meets Below Standard Standard Standard 1. WRITTEN COMMUNICATION 9 8 7 6 5 4 3 2 1 Effectiveness of letters, memoranda and other forms of written communication to the Council. Comments: 9 8 7 6 5 4 3 2 1 2. MEDIA RELATIONS Presentation of thoughts in an orderly, understandable manner. Keeps appropriate people informed. Talks to people. Comments: 3. AVAILABILITY TO COUNCIL 9 8 7 1 6 5 4 3 2 1 Is available and acts on Council concerns and suggestions. Comments: f CITY MANAGER EVALUATION YEAR I. RELATIONS WITH COUNCIL Circle One Above Meets Below Standard Standard Standard 4. COMMUNICATION WITH PUBLIC 9 8 7 6 5 4 3 2 1 Effectively presents the Council's position. Comments: 5. SENSITIVE TO COUNCIL'S NEEDS 9 8 7 6 5 4 3 2 1 Ability to understand and meet the political needs of the Council. Comments: 9 8 7 6 5 4 3 2 1 Comments: CITY MANAGER EVALUATION YEAR II. ADMINISTRATION Circle One Above Meets Below Standard Standard Standard 1. EMPLOYEE DEVELOPMENT 9 8 7 6 5 4 3 2 1 Ability to develop subordinates talents to achieve high levels of productivity and foster professional and personal growth of employees. Comments: 2. SUPERVISION 9 8 7 6 5 4 3 2 1 Ability to direct and control employees in an effective manner to reach desired goals. Comments: 9 8 7 1 6 5 4 3 2 1 3. EXECUTION OF POLICY Ability to understand and carry out the overall policy, laws and philosophy of the city. Comments: CITY MANAGER EVALUATION YEAR Circle One II. ADMINISTRATION Above Meets Below Standard Standard Standard 4. BUDGETING 9 8 7 6 5 4 3 2 1 Ability to supervise the development of a yearly budget. Effectively use the budget as a planning and control aid. Comments: 5. REPORTING 9 8 7 6 5 4 3 2 j Ability to deliver assignments and carry out responsibilities on schedule. Comments: 9 8 7 6 5 4 3 2 1 6. PLANNING Ability to plan, organize and maintain a process of establishing goals. Comments: CITY MANAGER EVALUATION YEAR Circle One II. ADMINISTRATION Above Meets Below Standard Standard Standard 7. LEADERSHIP 9 8 7 6 5 4 3 2 1 Ability to motivate others and to obtain optimum results through others. Comments: 9 8 7 6 5 4 3 2 A 8. FOLLOW THROUGH Demonstration of skills to accomplish work assigned by Council with timeliness and efficiency. Comments: 9 8 7 6 5 4 3 2 1 Comments: CITY MANAGER EVALUATION YEAR III. RELATIONS WITH EXTERNAL Circle One ORGANIZATIONS Above Meets Below Standard Standard) Standard 9 I 1. COMMUNITY RELATIONS 8 7 6 5 4 3 2 1 Ability to effectively interact with all segments of the community. Comments: 2. MEDIA RELATIONS 9 8 7 6 5 4 3 2 1 Ability to skillfully represent the city to all media forms. Comments: 3. INTERGOVERNMENTAL RELATIONS I9 8 7 6 5 4( 3 2 1 Facility to maintain a positive relationship with all governmental agencies and surrounding municipalities that may enhance the city's plans and programs. Comments: CITY MANAGER EVALUATION YEAR III. RELATIONS WITH EXTERNAL Circle One ORGANIZATIONS Above Meets Below Standard Standard Standard 9 8 7 6 4. PROFESSIONAL REPUTATION 5 4 3 2 1 Ability to function according to the high ideals and ethics of the profession. Comments: 9 8 7 6 5 4 3 2 1 1 0 Comments: 9 8 7 6 5 4 3 2 1 Comments: CITY MANAGER EVALUATION YEAR IV. SPECIAL CONCERN AREAS Circle One Above Meets Below Standard Standard Standard 1. DELEGATION 9 8 7 6 5 4 3 2 1 There will be a continued need for strong delegation as employees need a clearcut definition of what is expected of them. Equally important will be the responsibility for regular follow- through and accountabililtly. Comments: 9 8 7 6 5 4 3 2 1 2. HOURS OF WORK It is understood that the position of City Manager will re- quire extra hours in the way of council meetings, planning commission meetings,League meetings, citizen group meetings, etc. It is agreed that you will put in the extra effort and time to "get the job done ". Comments: 3. PARTICIPATIVE MANAGEMENT STY 9 8 7 1 6 5 4 3 2 1 In addition to involving the other department heads in your decision making, there will be situations where executive action is needed and you will be required to make independent decisions -- right or wrong. Comments: CITY MANAGER EVALUATION YEAR IV. SPECIAL CONCERN AREAS Circle One Above Meets Below Standard Standard Standard 9 8 7 6 5 4 3 2 1 4. PRACTICALITY With the widening of the scope of your management responsibility, there will need to be expanded effort in communication to all employees, at every level. Comments: 9 8 7 6 5 4 3 2 1 5. ORGANIZATION At your suggestion, there will need to be improvement of personal organization. Establishing and maintaining personal and city priorities will be one of your primary responsibilities. Comments: 6. TEAMWORK 9 8 7 6 5 4 3 2 1 It will be necessary to establish a strong "team oriented" management philosophy. Employees should be motivated through goal oriented leadership and coaching, not concensus or a totally directive approach. Comments: Council Meeting Date 06 /13/94 3 City of Brooklyn Center Agenda Item Number //c, Request For Council Consideration . Item Description: PRESENTATION AND APPROVAL OF PHASE 1 OF THE CITY'S LOCAL STORM WATER MANAGEMENT PLAN Department Approval: Mark J. Maloney, Engineer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes ) In November of 1991, the City initiated the development of a Local Water Management Plan, pursuant • to Minnesota Statutes 473.878. The consulting firm Bonestroo Rosene Anderlik and Associates (BRAA) was subsequently hired by the City to develop Phase 1 of the plan, and a Water Management Task Force was established to provide general oversight for the plan development. Over the last 2+ years, the consultant, with direction from and interaction with the Task Force, has studied Brooklyn Center's existing storm drainage system and provided Phase 1 of the Local Water Management Plan. The introductory portion of the plan, along with a representative drainage district section is provided for reference. We have included this abbreviated version in that the entire Phase 1 study, including appendices, is well over 100 pages in length, a great deal of which is necessarily very technical in nature. The complete Phase 1 Study, after adoption by the Watershed(s), will be available to the public through the Engineering Office. Also included with this item is a copy of the report and recommendations of the Task Force. City staff and the consultant are prepared to make a presentation consisting of the background of the study development process, a brief technical overview of the study, and the report and an explanation of the recommendations of the Task Force. Specific City Council actions which should be considered at this time include: • Adoption of the attached Resolution which receives and approves Phase 1 of Brooklyn Center's Local Water Management Plan and the report and recommendations of the Water Management Task Force. • • A motion which directs staff to evaluate existing and develop or amend, as necessary, Floodplain and Shoreland Ordinances. • A motion which directs staff to report to the Council regarding available and potential fund sources for future storm drainage related improvements. Water Management Task Force Phase I Recommendations The Water Management Task Force has met approximately eight times since May 12, 1992. The primary functions of this Task Force were to meet with staff and the consultant (BRAA) to review information, to assist them in developing information, to provide review and comment to the analysis and recommendations of the consultant, and to assist in a prioritization process. Based on our discussions and work with City staff and BRAA, the City's consultant in preparation of the Phase I Water Management Plan, the following are our recommendations to the City Council of the City of Brooklyn Center: RECOMMENDATION 1 Receive and approve Phase 1 of Brooklyn Center's Water Management Plan, dated April 1994, as prepared by the consultant Bonestroo, Rosene, Anderlik & Associates (BRAA). The plan will then be forwarded to the Shingle Creek Watershed Management Organization and the West Mississippi Watershed Management Organization for their final approval. Also consider a possible project or area - specific approach to the development of Phase 2 studies, similar to the approach used recently for the preparation of Brookdale Area Storm Drainage Plan. RECOMMENDATION 2 Update or create, as necessary, Floodplain and Shoreland Ordinances which consider the current requirements, guidelines or models of the Minnesota Department of Natural Resources (DNR), Board of Water and Soil Resources (BWSR), Metropolitan Council, U.S. Corps of Engineers, Shingle Creek and West Mississippi Watershed Management Organizations, etc. RECOMMENDATION 3 Implement Phase 2 of the Water Management Plan according to these priorities: a) Upgrade the City's storm sewer system to 5 -year design standards (larger pipes, more catch basins, less cross - street gutter drainage, etc.), consistent with the majority of the Metro area municipalities. It is clearly most cost - effective to coordinate most of these storm drainage improvements with other infrastructure issues such as pavement rehabilitation and sewer or water repair /replacement. This type of work should be per in conjunction with neighborhood street and utility improvement projects over the next 20 years, similar to what is currently underway in the Northwest Area and on James /Knox /54th Avenues. b) Aggressively pursue the development of regional storm water treatment ponds by acquisition of land for, and if necessary by purchasing lands with Storm Drainage Utility monies, storm water management facilities, to address water quality and quantity issues in a proactive, comprehensive manner. As commercial and industrial areas redevelop, and infrastructure is upgraded or replaced, the storm water quality requirements of the West Mississippi and Shingle Creek Watersheds will require that the redeveloper (in some cases the City) treat its storm water runoff in a permanent pond. The literal interpretation and application of the Watersheds' rules would require an individual pond on each developing or re- developing commercially - used property larger than 5 acres, and for each residentially -used area exceeding 15 acres. It is then the City's responsibility to enforce the on -going maintenance and clean- up of these ponds, which can be very difficult in commercial areas as these types of properties often change ownership /management. Fewer, larger, more accessible facilities would be easier to monitor and maintain, and generally would have a better chance of making a difference in the quality of storm water that eventually reaches our lakes, rivers and streams. The regional pond to be located just west of the MTC Park and Ride at 65th and Brooklyn Boulevard is such an example. This pond will serve a large portion of the west part of the City. The Brookdale Storm Water Study includes a regional pond option to be located just south of the Centerbrook Golf Course. This pond would benefit a large portion of the south central portion of the City, including the Brookdale shopping center. c) Projects, either regional or local, which specifically address enhancing the water quality and aesthetic, recreation or wildlife value of Twin Lake(s), Palmer Lake, Ryan Lake, Shingle Creek and the Mississippi River. These types of projects might include: an increased level of water quality monitoring in conjunction with the efforts of the Watersheds; aquascaping demonstrations; working with the DNR in evaluating and enhancing the gamefish populations; and water quality improvements targeted toward the enhancement of swimming or boating opportunities. d) Ensure that all new habitable buildings are protected from flooding from a 100 year rainfall event. The Watersheds are committed to the promotion and evaluation of candidate flood - proofing projects near the major waterways; the City should coordinate its efforts accordingly. e) Other specific projects or activities to be identified by the Task Force. RECOMMENDATION 4 The City should examine all currently available and potential fund sources for future storm water quality and quantity improvements. For example, consideration should be given to revising the City's current street assessment philosophy to include costs for at least a minimal or baseline amount of lateral storm drainage improvements Page 2 Currently the Storm Drainage Utility is funding all aspects of the City's efforts to upgrade its system. The preliminary cost which has been identified for the development of a regional storm water facility south of the golf course exceeds $2,000,000; some combination of Storm Drainage Utility, special assessments, Tax Increment Financing and user fees will be necessary for the financing. Also, it is estimated that the storm drainage costs alone for the Northwest Area street and utility project this year will amount to $600, 000, all of which will be paid from the Storm Drainage Utility. Because of the relationship between drainage conditions and pavement maintenance costs, it is appropriate to consider the inclusion of some provision for storm drainage improvements in the standard street assessment rate. RECOMMENDATION 5 The City should continue to appropriate monies from the Storm Drainage Utility for an on -going program of public education for surface water related issues. Possible activitieslprograms include newsletters, press releases, videos, demonstrations and other media which promote greater awareness of non point pollution and nutrient sources such as fertilizer, pesticides, grass clippings, road sand and salt, automotive chemicals, soil, etc. RECOMMENDATION 6 The City should continue to work together with other cities and agencies to effectively implement the components of the Local Plan. Respectfully submitted, WATER MANAGEMENT TASK FORCE Graydon Boeck Jon Perkins Bill Siems Kristen Mann, Council Liaison Page 3 /1r- i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING AND APPROVING PHASE 1 OF THE CITY'S LOCAL STORM WATER MANAGEMENT PLAN WHEREAS, pursuant to Minnesota Statutes 473.878, the City of Brooklyn Center has initiated the development of a Local Water Management Plan; and WHEREAS, Resolution No. 92 -21, adopted January 27, 1992, accepted the recommendation of the consultant selection committee and approved a professional services contract with the firm Bonestroo Rosene Anderlik & Associates for the development of Phase 1 of the Local Water Management Plan; and WHEREAS, the Brooklyn Center City Council previously established the Water Management Task Force, assembled for the purpose of providing comment and giving overall direction to the consultant preparing the Plan; and WHEREAS, Phase 1 of the plan has been completed, and the Water Management Task Force has forwarded comments to City Council regarding the Plan, and other necessary actions or directions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. Phase 1 of the Brooklyn Center Local Water Management Plan is hereby received and approved. The City Engineer is directed to forward Phase 1 of the Plan to the West Mississippi and Shingle Creek Watershed Management Organizations for their approval. 2. The report and recommendations of the Water Management Task Force are hereby received. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member favor thereof: and upon vote being taken thereon, the following voted in and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BIRROOKLYN CENTER • Water Managem Plan December 1993 Bonestroo Rosene ��,: } j Anderlik & , Associates Engineers & Architects Table of Contents ExecutiveSummary .................................................. ............................... i Chapter 1 Introduction.......................................................... ............................1 -1 1.1 Physical Environment ...................................................... ............................1 -2 1.2 Goals and Policies ........................................................... ............................1 -4 1.3 Stormwater Quantity and Quality ................. ...... ............................1 -8 Chapter 2 Stormwater System Description and Analysis ..... ............................2 -1 2.1 Introduction .................................................................... ............................2 -1 2.2 Global Issues .................................................................. ............................2 -4 2.3 Local Issues .................................................................... ...................... .......2 -7 2.4 West Mississippi Watershed ............................................ ............................2 -9 LWM1 ...................................................................... ...................... ..... 2 -10 LWM2....................................................................... ...........................2 -15 LVW.............................................. .....................:.....2 -20 LWM4....................................................................... ...........................2 -25 2.5 Shingle Creek Watershed ................................................. ...........................2 -30 MSCI... ............................... 2 ) 1 MSC2........................................................................ ...........................2 -36 MSC3 ....................................................................... ............................2 -3 9 LSC3......................................................................... ...........................2 -43 LS C4 ......................................................................... ...........................2 -46 LSC5......................................................................... ...........................2 -51 TLl, TL4, TL5 .......................................................... ...........................2 -56 Chapter 3 Water Resources Inventory and Management .... ............................3 -1 3.1 Runoff Management ...................................................... ..............................3 -1 3.2 Floodplain Management ........................... 3.3 Shoreland Management ................................................... ............................3 -9 3.4 Wetland Management ...................................................... ...........................3 -10 3.5 Erosion and Sediment Control .......................................... ...........................3 -14 3.6 Groundwater Protection ................................................... ...........................3 -17 3.7 Education Program .......................................................... ...........................3 -20 L,,. L - Cities's in Metro Area (from: MN Rules Ch. 8410, 1992; BWSR) Table of Contents Statement of Purpose Water Resources Related Agreements Executive Summary ✓ Purpose Board of Managers _ Brief History of Organization ' Summary of goals, problems, & potential solutions Land and Water Resource Inventory Precipitation General Geology & Topographic Data Map of Public Waters and Public Ditch Systems _ National Wetland Inventory (NWT) Map Method of Determining Functional Value of Wetlands Present _ Table of DNR- provided hydrologic characteristics of public waters (if available) Map of existing stormwater system service areas including ponds and stormwater outfalls Table of 100 -yr flood levels & peak discharges (existing & proposed system) of ponds and channels. Need for additional data. Discuss consistency with FEMA. V Identify flood prone areas not previously published Listing of existing flood insurance studies and where available V Summary of available water quality data - from: PCA, DNR, DOT, DOH, Met Council, MWCC, WMO, SWCD, County, & City V Identify sites of existing or past surface water quality & quantity monitoring (if available) ' Document shoreland ordinance or projected completion date of —same Table of amounts and location of all DNR permitted surface water appropriations Groundwater Resource Data Soil Data Land Use and Public Utility Services Water -based Recreation Areas & Adjacent Land Ownership Fish & Wildlife Habitat - DNR classification of waters, bio- surveys, & state management plans _ Unique Features and Scenic Areas Pollutant Sources - landfiIls, feedlots, abandoned wells, storage tanks, & wastewater discharges !' Establishment of Goals and Policies Relation of Goals & Policies to Local, Regional, State, & Federal Plans & Programs L Assessment of Problems V ^ WMO identified problems %/' Locally identified problems _ Corrective Actions Identifying responsible organizations -* , 0* ReguIatory controls on wetlands, erosion control, floodplains, & land use _✓ Design performance standards for all parts of the stormwater drainage system J r [ Information program Data collection programs - coordinated with WMO's Management and maintenance programs _ Structural solutions _ Financial Considerations Cost of adoption & enforcement of local controls and standards & ability to fund Annual cost of other specified programs & ability to fund Impact of each proposed capital improvement project component if ad valorem financing is used _ Availability of -rant funding Implementation Priorities Implementation Program Amendment Procedures ? Appendix Appendix A Trunk Storm Sewer Analysis Appendix B Shingle Creek Watershed Joint Cooperative Agreement West Mississippi Watershed Joint Cooperative Agreement Appendix C Management Standards Appendix D Low Lying Structures in Brooklyn Center Appendix E Model Shoreland Management Ordinance Appendix F Wetland Inventory Appendix G Upper Twin Lake Water Quality Analysis Executive Summary The Brooklyn Center Water Management Plan is a comprehensive guide for the implementation of city -wide water management strategies. The Plan provides a stormwater management guide and guidelines for the adoption of wetland management and shoreland management ordinances. It also reinforces and adopts the floodplain management and erosion control practices already in existence in Brooklyn Center. The objectives of the Water Management Plan are: a) To reduce to the greatest practical extend the public capital expenditures necessary to control excessive volumes and rates of runoff b) To improve water quality c) To prevent flooding d) To reduce erosion and sedimentation from surface flows e) To promote groundwater recharge ' f) To protect and enhance fish and wildlife habitat g) To provide water recreational opportunities h) To enhance the natural beauty of the landscape i) To secure the other benefits associated with the proper management of surface water The existing stormwater system is presented in Chapter 2. A hydraulic and hydrologic analysis evaluates the performance of the storm sewer system during a 5 year frequency storm. It is determined that most of the City's storm sewers are under - designed for the 5 year design storm condition and drainage improvements are necessary for the prevention of street and property flooding. Chapter 2 is the basis for future improvements to the system: the solutions to many of the issues identified herein will require detailed evaluation of various alternatives. Brooklyn Center is fully developed and the implementation of many of the strategies outlined in this Plan will be coordinated with various improvement and re- development projects. i The adoption of shoreland and wetland management ordinances is required by the Metropolitan Surface Water Management Act. The Wetland Conservation Act of the State of Minnesota also requires the Local Governmental Units to administer the wetland conservation strategies stipulated by the Act. This Water Management Plan contains a National Wetland Inventory map through which the Minnesota Wetland Conservation Act can be enforced. Upon adoption of the Act, the City will have permitting responsibilities for all wetland alteration activities. It should be noted that persons applying for wetland alteration permits are still responsible for obtaining the necessary permits from the DNR and/or the US Army Corps of Engineers Regulatory Branch. The model shoreland management ordinance contained herein adopts the strategies recommended by the Department of Natural Resources. The ordinance, regulating the subdivision, use, and (re)development of the shorelands of public waters, is intended to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state. ii �► Chapter 1 Introduction The Brooklyn Center Water Management Plan (WMP) is a comprehensive guide for the implementation of city -wide surface water management strategies. The City of Brooklyn Center is situated within two watersheds and must follow the requirements of both Watershed Management Plans. These requirements have been grouped into the following eight categories: • Stormwater Quantity and Quality Management • Flood Plain Management • Shoreland Management • Water Quality Monitoring • Erosion and Sediment Control • Wetland Management • Groundwater Protection In addition to the WMP, the City of Brooklyn Center needs to develop a shoreland protection ordinance, stotmwater treatment policies, and wetland management strategies in order to meet the Watershed Management Commissions' guidelines. The joint powers agreements' between Brooklyn Center and the WMCs as well as the Management Standards developed by the two WMCs can be found in the Appendices B and C respectively. The protection of waterbodies as well as the correction of existing water quality problems require the use of appropriate planning principles and Best Management Practices (BMPs). The BMPs applicable to Brooklyn Center are: • The control of urban non -point source pollutants • Site planning principles for the control of erosion, pollution, and sedimentation • Stormwater management practices for the control of water quality This plan adopts and supports the recommendations outlined in MPCA's "Protecting Water Quality in Urban Areas ", BWSR's "Minnesota Erosion and Sediment Control Construction Site Planning Handbook ", and the U.S. E.P.A.'s "Nationwide Urban Runoff Program ". I The joint powers agreements enable the commission to act across community boundaries for the protection, enhancement and enforcement of watershed related issues. 1 -1 The VRVIP is separated into two phases: Phase I (Chapters 1 -3) provides an assessment of existing surface water related issues and identifies potential future problems through an analysis of the existing system under ultimate conditions. Phase II will present solution alternatives to the existing and future problems identified in Phase I. 1.1 Physical Environment The City of Brooklyn Center occupies approximately 8.5 square miles of land in northeastern Hennepin County (see Figure 1.1). The City is bordered on the east by the Mississippi River, on the north by Brooklyn Park, on the west by Brooklyn Park and Crystal, and on the south by Robbinsdale and Minneapolis. The major surface water features of Brooklyn Center are the Mississippi River, Shingle Creek, and Twin Lakes. The topography is flat to gently rolling with a maximum elevation differential of 70 feet. Dominant soils are coarse textured allowing rapid percolation but the water table is high with low areas tending to be wet. Brooklyn Center is almost completely urbanized, with approximately 50% of the land use comprised of Single Family residential development and the remainder being mostly commercial and industrial development, mainly located along CSAH 152, with a small industrial area along the Soo Line Railroad between Twin Lakes and Ryan Lake. A large commercial center (Brookdale and Earle Brown Farm) occupies the northeastern portion of the area bounded by CSAH 152 on the west, I -94 in the north and Highway 100 on the east. A large industrial park between I -94 and 69th Avenue and between Xerxes Avenue and Humboldt Avenue is about 80% developed with a mixture of commercial and light industrial facilities. Results within this report are based on the current land use plan. If significant land use changes are made during redevelopment, further analysis of these impacts to surface water runoff should be considered. The City of Brooklyn Center is currently fully served by private and public municipal utilities. These services include City streets, water, sanitary sewer and storm sewer in addition to natural gas, electric, Cable TV and an extensive network of State and County roadways. 1 -2 . iRANfA BETHEL _ S 1 U (WOCO EAST EEtli3. 1 I BL7a6 OAK GROVE S ANOKA COUNTY RNt7M ; COLUMBUS '\ MOWER HAM LAKE NEW. S:&Nm4 BROOKLYN CENTER ,-° FOREST LAE� 3 � a UNO LAO'S COON RAPIDS aNHE f UGD lI MAY LE)ONCfnN racy P01ES WASHINGTON COUNTY CORORAN MAPLE OS ED WOUN sDRSVEEn 'S'�` Me11 NORTM srniNArEF BROOKLYN PAM y„a tAKE HENNEPIN C OUNTY woews GRANT HEIGHTS y4 ECREM , T D!A N EW HA 1 PLYMOUTH P Lrtat P RAN LANE BAYTDI VALLEY VAU.Er MAPLEWOOD H1N0 RAAtScY COUNTY WESE LAICLAN HIINE7DNElt 5T, tDti! � SAINT PAUL i HOLLYWOOD WAXERlOWN �w. momwous ev '�S, DEFPfAVVEN j n n��7I mo t", r,. amx `+ > WEST WOODBURY } 01" PALL. AF i NfM CERYNff W AfS'O0 SA1Fl4i PA E Y CTORN r7 �) �� WKOtM LmrmwN EDEN P"w- 1 PAIf� P 1 CARVER COUNTY C ASKA ADD � MAN �� COTTAGE � DEN" AYETeCI. DAKOTA COUNTY ZD 1 "WOOD COIDCNE 04HUG mq �1 SWAM c � )VUNG ppRRpHp �.. b AHAERKA BENTON tI11QR VALLEY ROANOUNT NMUiOER �� LDU6VILLE d� 1{\SliNGS HANCOCK SAN FRAN== CNATES SANG CEDC SRl*G PARK CREW tACEKLE EMPIRE VE%aLLIOH WARSAN El SCOTT COUNTY sr. .DROAN FARYMGiON ? BDit RARE NEW YMfO:T HAMPTON ❑ TRIER KE BlAKE1M Mir RA HELENA CEDAR LAKE EP Yf EilEB]DL LASSIE R= HAMPTON lMIPIC/I DOUGLAS _ ENJCO DDLPH RAN { GREENVALE R.0 { arA — -. SCOEA LOCATION MAP Sonestroo ® Rosene BROOKLYN CENTER FIGURE i . i An ciat bE Asso es WATER MANAGEMENT PLAN Engineers d Architect. C. rl—f a UfiworrE-Ao 1.2 Goals and Policies is The foundation of Brooklyn Center's Water Management Plan (WMP) is the goals and policies upon which the City -wide plan is based. The goals and policies were established under the guidance of a Task Force made up of City staff and residents. Initially, the Task Force established the following objectives for the WMP: Water Management Plan Objectives a) To reduce to the greatest practical extend the public capital expenditures necessary to control excessive volumes and rates of runoff b) To improve water quality c) To prevent flooding d) To reduce erosion and sedimentation from surface flows e) To promote groundwater recharge f) To protect and enhance fish and wildlife habitat g) To provide water recreational opportunities h) To enhance the natural beauty of the landscape i) To secure the other benefits associated with the proper management of surface water Based on the WMP objectives, the Task Force developed a set of goals and policies for the City of Brooklyn Center. A goal' is a desired end toward which the City's policies, standards, criteria, and rules are directed. A policy is a governing principle, a means of achieving an established goal. Policies prescribe a general course of conduct that leads toward goal achievement. As with all planning tools, these goals and policies are meant to be dynamic and flexible and to evolve with changing conditions in the City. 2 Note that the numbering system of the goals does not imply ranking by priority. 1 -4 Goal 1 To develop a hydrologic and hydraulic model that relates runoff to the existing and planned land use within Brooklyn Center. Policy 1.1 Develop a WMP that accommodates the existing land use in Brooklyn Center. Policy 1.2 Develop a WMP that is flexible in incorporating future redevelopment. Goal 2 To preserve, obtain, and use storage and retention areas for maintenance and improvement of the hydrologic systems within Brooklyn Center. Policy 2.1 Preserve existing storage capacities of protected waters and wetlands and natural watercourses. Policy 2.2 Coordinate the preservation and enhancement of storage areas with state, county, and neighboring municipal agencies. Policy 2.3 Limit development runoff rate to the projected management plan rate for each subwatershed. Policy 2.4 Provide for additional storage either on site or within the subwatershed where necessary to comply with the WMP. Policy 2.5 Consider other forms of runoff volume and rate control where necessary to comply with the WMP. Goal 3 To reduce to the greatest exten*" possible IaDipublic capital and maintenance expenditures necessary to control excessive volumes and rates of runoff. Policy 3.1 Implement the most efficient and effective methods to limit public costs, as provided in the WMP. Policy 3.2 Coordinate street and other reconstruction projects with WMP improvements. 1 -5 Goal 4 To maintain or improve both surface water and groundwater quality. Policy 4.1 Promote the treatment and/or control of runoff to enhance water quality by reducing nutrient and sediment loadings. Policy 4.2 Preserve and protect wetlands which provide natural treatment for runoff where necessary to comply with the WMP. Policy 4.3 Establish a water quality monitoring system for identifying changing conditions and potential problems. Policy 4.4 Protect groundwater recharge areas from potential sources of contamination. Policy 4.5 Promote or establish a program to reduce discharge of substances contributing to water quality degradation. Goal To prevent and control flooding damage. Policy 5.1 Prohibit encroachment without acceptable mitigating action that will reduce the storage capacity of floodplains. Policy 5.2 Allow only structures that have been flood - proofed or will not be subject to excessive damage in the floodway fringe. This recognizes that there are existing non - conforming uses within the floodway fringe. Goal 6 To control erosion and sedimentation. Policy 6.1 Minimize runoff velocities and maximize natural cover to reduce erosion. Policy 6.2 Require all measures necessary to effectively control sediment and erosion within construction sites. • 1 -6 Goal 7 To promote groundwater recharge. Policy 7.1 Evaluate and control (re)development over groundwater recharge areas. Goal 8 To protect and enhance water related fish and wildlife habitats. Policy 8.1 Promote and adoption of those aspects of local shoreland regulations that enhance fish and wildlife habitat. Policy 8.2 Preserve protected waters and wetlands that provide habitat for game fish spawning and wildlife. Policy 8.3 Coordinate with the DNR to enhance fish and wildlife habitats. Policy 8.4 Coordinate with the DNTR to protect rare and endangered species. Goal To protect and enhance opportunities for water recreation. Policy 9.1 Coordinate with the state, counties, and neighboring municipalities to enhance water -based recreation. Goal 10 To coordinate and communicate among agencies, adjacent communities, and citizens which affect water management within Brooklyn Center. Policy 10.1 Coordinate activities of the City and citizens relating to water management. Policy 10.2 Work closely with adjacent communities in planning and developing mutually beneficial stormwater management improvements. 1 -7 Goal 11 To provide a reasonable level of stormwater protection within the City. Policy 11.1 Establish a 5 year rainfall event as the minimum criteria for all new stormwater conveyance facility designs. Policy 11.2 When upgrading existing stormwater facilities, provide a 5 year level of service to the upgraded portions drainage area. Policy 11.3 Ensure that all new habitable structures are protected from flooding during a 100 year rainfall event. These goals and policies are intended to incorporate the spirit of several Regional, State and Federally mandated programs. They are not meant to replace or alter these programs, rules and regulations, but serve as an enhancement and provide some general policy guidelines. The goals address the management strategies of both watershed management organizations, West Mississippi and Shingle Creek, and are consistent with the objectives set forth in the State Wetland Conservation Act (WCA) and the Federal National Urban Runoff Program (NURP). 1.3 Stormwater Quantity and Quality Stormwater runoff is defined as that portion of precipitation which flows over the ground surface during, and for a short time after a storm. The quantity of runoff is dependent on the intensity of the storm, the amount of antecedent rainfall, the length of the storm, the type of surface the rain falls on and the slope of the surface. The intensity of a storm is described by a return storm interval or frequency of occurrence. The return storm interval is the average period of years within which a storm of a certain magnitude is expected to occur one time. Thus, the degree of protection is determined by selecting a return storm interval for the basis of design. For the Brooklyn Center Water Management Plan, a five year frequency storm event is used for the storm sewer design, while a 100 year frequency event is used for overland drainage and pond storage design. A five year frequency storm (3.6 inches in 24 hours) has a 20% chance of occurring or being exceeded in any given year whereas a one hundred year frequency storm (6 inches in 24 hours) has a 1% chance of occurring or being exceeded in any given year. Complete protection against large, infrequent storms with return intervals greater than 100 years are typically justified only for important flood control projects. For fully developed areas like Brooklyn Center, the cost of construction or rehabilitation of a large capacity storm drainage 1 -8 system is much greater than the amount of property damage that would result from flooding caused by infrequent storms. The excess runoff caused by storms greater than that used for the design of storm sewers should be accommodated by ponding in low spots in streets for short periods of time and by providing outflow through overland drainage routes. This short-term flooding and overland drainage will minimize much of the damage to property. Provisions should be made to provide or preserve overland drainage routes. A number of methods have been developed to determine the expected maximum rate of runoff from a known area for specific design storms and soil moisture conditions. The evaluation of Brooklyn Center's drainage system is based on the Rational Method and Hydrocad computer program which uses the Soil Conservation Service (SCS) TR -20 methodology. The Rational Method involves the selection and /or computation of a time of concentration and a runoff coefficient. The time of concentration is the time required for the runoff from a storm to become established and for the flow from the most remote point (in time, not distance) of the drainage area to reach the design point. The time of concentration will vary with the type of surface that the rain falls on and the slope of the surface. During the time of concentration, the entire drainage area is assumed to be contributing runoff to the design point and consequently the maximum rate of runoff will occur at this time for a specific design frequency storm. Once the time of concentration is determined, the average rainfall intensity for the design storm frequency of occurrence can be taken from the graph on Figure 1.2 on page 1 -13. A minimum concentration time of fifteen minutes was selected for design of the trunk storm sewer system. Shorter times may be utilized in lateral system design. As the storm water runoff enters the system, the flow time in the storm sewer is then added to the concentration time resulting in a longer concentration time and a lower average rainfall intensity as the flow moves downstream from the initial design point. The percentage of rainfall falling on an area that must be collected by a storm sewer facility is dependent on the watershed variables such as soil perviousness, ground slope, vegetation, surface depressions, type of development and antecedent rainfall. These factors are taken into consideration when selecting a runoff coefficient (C) in the Rational Method or a runoff curve number (CN) for a certain area. The runoff coefficient for urban areas varies from 0.2 for parks to 0.95 for asphalt and concrete surfaces. The runoff curve number varies from 61 for parks to 98 for asphalt and concrete surfaces. CN values depend on the type of soil, cover type and hydrologic condition. Under ultimate (fully developed) conditions, the values of the coefficient will increase with the increases in the amount of impervious surfaces caused by street surfacing, lawn development, building construction, and grading. For the modeling of existing facilities, CN values were determined for each type of land use in each subdistrict. Runoff coefficients and equivalent CN values for antecedent moisture Type II 1 -9 are presented in Table 1.1 where the runoff coefficient for a 100 -year storm is greater than that used for a 5 -or 10 -year storm. This is based on the fact that high soil moisture conditions during a 100 -year storm occurrence result in greater runoff quantities. Using data from Table 1.1 for overland drainage route capacity calculations yields flow patterns that are likely to occur from a 100 -year storm. After the runoff coefficient for a particular area is selected, the runoff rate can be computed using the following Rational Formula. Q = CIA Where: Q = runoff rate in cubic feet per second (cfs) C = runoff coefficient I = average rainfall intensity in inches per hour (in/hr) A = drainage area in acres Table 1.1 Runoff Coefficients LAND USE TYPE Runoff Coefficient C CN Value 5 Year 10 Year 100 Year Parks and Public Land 0.2 0.25 0.3 58 Rural and Estate Residential 0.3 0.35 0.4 66 Low Density & Single Family 0.4 0.45 0.5 72 Residential Medium Densitv Residential 0.5 0.55 0.6 78 High Density Residential 0.6 0.65 0.7 84 Commercial, Industrial 0.6 0.67 0.7 84 Ponds 1.0 1.0 1.0 99 Special As required Maintaining the highest practical quality of water in the stormwater system is one of the goals of the Brooklyn Center Water Management Plan. The only completely effective way to keep a high quality of water in ponds and lakes is to prevent undesirable sediments, nutrients and other materials from entering the storm drainage system. Presently, complete interception for water treatment at the point of discharge is neither practical nor economically feasible. Stormwater treatment standards set forth by the West Mississippi and Shingle Creek Watershed Management Plans call for the retention of the runoff from a 2 inch rainfall event for a minimum duration of 6 hours. Facilities designed with this criteria meet the Environmental Protection Agency (EPA) Nationwide Urban Runoff Program (NURP) guidelines for removing 60 to 70% of the phosphorus contained in surface runoff. Based on trapping efficiencies of wet retention ponds, it can be assumed that the level of heavy metal pollutants removed is higher than that of phosphorus. Table 1.2 shows the benefits of wet detention ponds as measured by the NLTRP and the Wisconsin DNR. 1 -10 Table 1.2 Benefits of Wet Detention Ponds Pollutant Average Reduction ( Lead 70 Zinc 70 Bacte (400 /100 mL ) 70 Diazinon esticide ( 17 Phthalate 80 Sediment 90 In Brooklyn Center, runoff treatment practices will be implemented as addition, expansion, or redevelopment of existing lands proceed. These runoff treatment practices will be in conformance with the NURP criteria to the maximum extent practicable. Trunk Storm Sewer Modetina The water quantity modeling assesses the performance of the existing trunk storm sewer system in the City of Brooklyn Center for the 5 -year storm event. The modeling determines locations of drainage trouble spots and lays the groundwork for detailed analysis and design to eradicate flooding problems. The drainage areas are determined based upon the street elevations. Firstly, the area draining to each trunk line is defined. Secondly, these boundaries are compared to the boundaries delineated by the West Mississippi and Shingle Creek Watershed Management Organizations. The present drainage boundaries correspond closely to the boundaries of the Shingle Creek and West Mississippi Watershed Management Organizations. The method analysis of the existing system is summarized below: 1. The boundaries of the trunk line drainage area are determined, 2. The drainage area associated with each trunk line is further subdivided into smaller drainage sub - areas. In the majority of cases, a lateral storm sewer line collects runoff from the sub -areas and discharges the flow into the trunk line. When lateral lines are not present, the runoff originating in the sub -area is introduced into the trunk lines directly. 3. The total runoff to be routed through the storm sewer system is computed using the HydroCad and Hydraflow hydraulic models. 4. The total outflow from each sub - drainage area is estimated considering surcharged conditions. 5. The computer models are calibrated using the information provided in the City's problem area map and questionnaire responses. � 1 -11 The HydroCad computer program is used to calculate ponding conditions in both designated ponding areas and localized street flooding sites. The Hydraflow computer program is used to analyze and compute the hydraulic grade line for the storm sewer system. This program allows the use of surcharged pipes to maximize use of the existing system components. The analysis of the trunk. lines considers the runoff volumes in the entire drainage area independent of the pipe system. The street grades and catch basin locations define where the runoff is to be introduced into the pipe system. In areas without sewer lines, the street grades direct the street /gutter flow toward storm sewer lines. Stormwater Quality Modeling Since it is not economically feasible to sample and monitor the quality of all waterbodies in the City, a computer model was used to estimate the water quality of lakes and wetlands and to predict the impact of existing stormwater storage ponds on downstream water quality. The POND NET program developed by William Walker Jr., was selected for use in Brooklyn Center. The PONS NET model, along with most other water quality models, predicts phosphorus concentrations because phosphorus has been found to be the limiting nutrient most likely to promote the growth of algae in lakes. The amount of algae in waterbodies can be estimated once the phosphorus concentration is known. The POND NET model estimates the average annual water quality conditions in ponds and lakes. The model can also estimate the phosphorus removal efficiency of a large number of hydrologically connected ponds. The model predicts phosphorus removal in a pond as a function of wet pond volume, depth, and configuration of the pond. A limitation of the POND NET model is its inability to predict phosphorus concentrations in large, deep waterbodies. In general, waterbodies larger than 20 acres or with mean depths greater than 10 feet should be modeled with in -lake models. Experience has shown that the Simpson - Reckhow model (1980) and the Canfield- Bachmann model (1981) are the most accurate for Brooklyn Center's larger waterbodies. These models are also empirical and predict in -lake water quality conditions as a function of phosphorus loading, lake depth and hydraulic residence time. An advantage of the Simpson - Reckhow model is the incorporation of error analysis in the prediction of water quality conditions. Regardless of the model used, phosphorus loading data obtained from the POND NET model should be used as the input parameter. 1 -12 7 — 6 — -- P� P� R �p O 1 OPT P� Y �. �2 N 5 6 NR. M 4 — — — � 2 NR. 3 — _ loo 3o MIN 2 — — 15 MIN. 10 MIN. I PRECIPITATION FREQUENCY CURVES TWIN CITY AREA 0 SOURCE OF DATA -US WEATHER BUREAU T.P.40 1 2 4 5 10 25 50 100 500 1000 RAINFALL FREQUENCY IN YEARS PRECIPITATION - FREQUENCY CURVE Bonestroc ® Rosene BROOKLYN CENTER FIGURE 1.2 Associ afl A t socef WATER MANAGFMFNT PLAN As part of the analysis, values for phosphorus concentrations, average annual summer runoff coefficients and resulting phosphorus export coefficients to be used in the model were determined. The values are shown in Table 1.3 along with the range of published literature values: Table 1.3 Land Use Phosphorus Concentrations Land Use Model Parameters Published Values P concentration Runoff P export P export Coefficient Coefficients Coefficients %) lbs /ac. lbs /ac. Agricultural 460 0.12 0.62 0.36 - 1.6 Industrial/ 600 0.76 2.80 0.70 - 3.0 Commercial Single Family 460 0.22 0.66 0.45-2.7 Residential Multi - Family 600 0.32 1.06 0.45-2.7 Residential Open/Undeveloped 200 ( 0.09 0.09 0.09 - 0.3 2 year storm frequency (2.8" of precipitation in 24 hours) 1 -14 q p Chapter 2 Stormwater System Description and Analysis 2.1 Introduction The City of Brooklyn Center is divided into 13 stormwater districts. The district boundaries are based on topographic information from the City's manhole rim inventory and from data on the existing stormwater system. The districts are identified by a number designation matching those in the West Mississippi and Shingle Creek Watershed Management Plans as shown on Figure 2.1. The trunk stormwater system is defined as pipes generally larger than 30" in diameter and major natural drainageways. The trunk system in each of the stormwater districts is analyzed to determine its ability to meet a variety of storm conditions. The key storm conditions are: 2 year Predict annual nutrient loadings and evaluate the system during a smaller storm. 5 year Assess the ability of the storm sewer system to convey the standard design runoff (see Policy 11.2). 100 year Determine the extent of flooding during a major storm event. The analysis of the system includes: 1. Delineation of storm drainage district. 2. Subdivision of districts into subdistricts. 3. Computation of runoff and system capacity using HydroCad and Hydraflow computer programs. 4. Evaluation of system under surcharged conditions. 5. Calibration of models with data from the problem area maps and questionnaire responses. The results of the computer models for the 2, 5, and 100 year events and a summary of surcharged flow conditions are presented in Appendix A. The surcharged flow conditions 2 -1 represent the rate of flow in each pipe when the system is uniformly surcharged 6" at each inlet point. Using existing data and the results of the computer modeling, the issues facing the City of Brooklyn Center are identified and separated into two categories: GIobal Issues: Major inter - community, inter - watershed, or inter - district issues requiring the cooperation of one or more outside parties (Watershed, adjacent community, Agency) for resolution. Local Issues: Stormwater management issues that can be resolved by the City of Brooklyn Center. General explanations of the global and local issues and concepts for dealing with the issues are presented in the following sections. The individual drainage district descriptions in Sections 2.4 I� and 2.5 present issues specific to each district. 2 -2 f �. •�..,y� 3 fit, �j i aii . i - i ti WT all IL LiwXAAU / ii Am AM orr ►� �;, ,` Am _ • • � /���.�.��.►►- Its , :-•• - 4 - t . • 2.2 Global Issues Palmer Lake Located along Shingle Creek in north central Brooklyn Center, this lake receives and discharges runoff from a substantial portion of the Shingle Creek Watershed. The existing 100 year flow from the lake is 675 cfs, while the ultimate 100 year outflow is estimated at 745 cfs. Total phosphorus (TP) concentrations are generally below 0.23 mg /l, with a peak concentration of 0.73 mg /1 recorded in July 1991. The site had the highest concentration of TP in the watershed with 15 mg /l. This may be the result of algal blooms in Palmer Lake between June and September. Concepts: a) Construct pre - sedimentation pond upstream of Palmer Lake to improve water quality in Palmer Lake and downstream portions of Shingle Creek. b) Construct dam at outlet to maintain minimum water level and provide an increased level of treatment. C) Establish stilling basins or in -pipe sedimentation facilities at all major storm water inlets to Palmer Lake. d) Proactively work with upstream communities and WMC's to enhance water quality and control runoff to more than minimum standards. Twin Lakes Upper Twin Lake is located mostly in Brooklyn Center yet the majority of its tributary area is in Crystal, New Hope, and Brooklyn Park. Middle Twin Lake is mostly in Crystal with the majority of its tributary area in Robbinsdale. Both lakes have high nutrient loadings. Twin Lakes are managed as recreational waterbodies. Concepts: a) Create a treatment facility in the small southwest bay of Upper Twin Lake at the discharge point of Crystal's 84" pipe. b) Develop a treatment facility on the Crystal Airport property. c) Establish stilling basins or in -pipe sedimentation facilities at all major inlets to Twin Lakes. 2 -4 d) Utilize Twin Lakes Property Owners Association to assist in testing, monitoring, etc. e) Proactively work with upstream communities and WMC's to enhance water quality and control runoff to more than minimum standards. f) Look for and utilize opportunities for cooperative projects with MNDOT, HCDOT, MAC and other agencies. Example 1: Cooperative effort with MNDOT to maximize opportunities for development of storm water ponds when TH 100 is improved or when I -694 is improved. Example 2: Cooperative effort with MAC to develop storm water facilities in coordination with future improvements to the Crystal Airport. g) Work with DNR and the WMC's to conduct additional testing and monitoring. Brookdale The highly impervious Brookdale Center and surrounding development drains directly to Shingle Creek without ponding or water quality treatment. Any expansion of the Brookdale Center or adjacent commercial property will trigger Shingle Creek Watershed's requirement for stormwater quality improvements. Concepts: a) Begin a joint effort with the City of Minneapolis to convey and treat Brookdale's small storm runoff to the Minneapolis owned property just south of Brooklyn Center. b) Develop a regional approach for the treatment of storm water runoff in the Brookdale and adjacent commercial areas. Shingle Creek/Mississippi River The portions of both watersheds in Brooklyn Center are almost completely developed with no existing water quality facilities and few opportunities for new facilities. Concepts: a) Continually seek water quality improvements and update the water quality ponding opportunities as shown on the district maps. b) Encourage source control through public education and involvement programs. 2 -5 Regulations and Enforcement Brooklyn Center is the administrating agency (as the Local Governmental Unit) for the regulations contained in the Shingle Creek and Mississippi Watershed Management Plans. Concept: a) Develop stormwater management strategies including subwatershed delineations, ultimate runoff conditions, and stormwater treatment practices. Ensure full compatibility with the corresponding strategies defined in the Shingle Creek and Mississippi Watershed Management Plans. b) Develop flood plain management strategies by delineating floodplain boundaries within the City boundaries and use this delineation to prevent floodplain encroachment. C) Develop shoreland management strategies by adopting the DNR Shoreland Management guidelines. d) Assess existing erosion and sediment control practices (cf. Hennepin County Erosion and Sediment Control Manual) and update control strategies if necessary. e) Develop wetland management strategies by adopting the Minnesota Wetland Conservation Act permanent rules. fl Work with the Hennepin County Soil and Water Conservation District to identify areas where groundwater contamination protection should be a top priority. 2 -6 2.3 Local Issues Trunk System Capacity The main cause of street flooding in Brooklyn Center is an overall lack of pipe capacity in the trunk storm sewer system. A majority of the trunk lines in the City have an estimated 1 year storm capacity (2.3 inches in 24 hours) while the currently recommended design standard for urban storm sewers is a 5 year (3.6 inches in 24 hours) storm. Symptoms of system deficiencies include frequent ponded water on streets and private property due to surcharged storm sewers. Examples are the 63rd Avenue, 65th Avenue, and 55th Avenue trunk storm lines. Trunk line upgrades are required to increase pipe capacities, eliminate joints with root problems, prevent freezing in pipes by providing adequate cover, and prevent sediment buildup by increasing pipe grades. Concept: a) Design new storm sewers for a 5 year storm. b) Seek opportunities to coordinate storm sewer system upgrades with other City improvements (i.e., street reconstruction). Lateral Storm Sewers Some areas in the City are not served by storm sewer pipes. To avoid long distances of street flows, new lateral pipes are necessary in certain areas. Improvements in lateral pipes are only beneficial if the trunk lines are upgraded beforehand. The lack of lateral storm sewers results in large rates of flow in poorly defined or non existent gutters and across streets. This condition causes severe erosion problems on some boulevards, which in turn increases maintenance costs and receiving water sedimentation. In addition, standing and /or ponding water on streets contributes to the degradation of the pavement edges and granular subgrade, thus increasing street maintenance costs. Concept: a) Establish standards for lateral storm sewer and gutters. b) Coordinate lateral improvements with street reconstruction and trunk storm sewer improvements. Multisite Ponding As a developed community, Brooklyn Center is faced with the need to evaluate redevelopment proposals one site at a time. This process tends to promote on -site detention and water quality facilities which are less effective, more costly, and more difficult to maintain than multisite (regional) facilities. The City of Brooklyn Center should promote multisite (regional) ponding at every opportunity. 2 -7 Concept: a) Evaluate multisite potential of all on -site facility proposals. b) Continue to review and update the ponding/water quality opportunity map as new opportunities develop. Financing Financing stormwater improvements in a developed community is very difficult to accomplish under MN Chapter 429 assessment procedures which limit the amount of assessments to an increase in market value of the assessed property. However, another method of funding storm sewer improvements, a stormwater utility fund, currently exists. These funds may be used to fund stormwater improvements throughout the City without the need to prove specific benefit. Other methods of financing improvement projects are available to the City. Concept: a) Implement impact fees or connection charges for redevelopment and new development. b) Implement stormwater utility surcharges for construction projects. These surcharges are in addition to the existing stormwater utility fee. C) Creation of a Storm Sewer Improvement District under MN Statute Chapter 444 allows special taxing authority within the district for storm sewer improvements. This could be used in addition to a special assessment as long as all of the rules under Chapter 429 are met including the 20% minimum funding from assessments. 2 -8 2.4 West Mississippi Watershed The West Mississippi Watershed is shown in Figure 2.1. Within the City of Brooklyn Center, the West Mississippi watershed extends from just east of Shingle Creek to the Mississippi River. The area is fully serviced by City storm sewer pipes and the storm runoff is conveyed directly to the Mississippi River. The drainage area is divided into four sub - districts which are labeled as LWMI, LWM2, LNN'M3, and LWM4. These labels correspond to the designations by the West Mississippi Watershed Management Commission (WMWMC). In the West Mississippi Watershed, the VY7 4WMC does not regulate peak flows that are directly discharged into the Mississippi River. All drainage sub - districts described in this section are in this category. A description of each drainage sub - district is provided in the following section. Additional data is provided in Appendix A, including contributing areas, runoffs, and pipe capacities. The WMWMC requirements which apply to all four districts are summarized below: a) address deficiencies where subwatersheds which drain directly into the Mississippi River do not have sufficient capacity for the 100 year critical flow. b) demonstrate that for a 100 year event the outflow rates are or will be accommodated by an outlet of appropriate size or suitable ponding or overflow is provided. Regulation and Enforcement Issues Drainage Floodplain Shoreline Erosion & Wetland Groundwater District Management Management Sedimentation Management Protection Control LWM1 Mississippi Mississippi All N/A N/A River River Construction LWM2 Mississippi Mississippi All N/A N/A River River Construction LWM3 Mississippi I Mississippi All NIA N/A River River Construction LWM4 Mississippi Mississippi All NWI wetlands Well field River River Construction 2 -9 MSC3 Middle Shingle Creek 3 Location Middle Shingle Creek 3 (MSC3) drainage district occupies the northwestern corner of the City of Brooklyn Center. It is bounded by the north and west borders of the City, I -94 and Perry Avenue North. Description MSC' is a 680 acre drainage district with 161 acres located within the City of Brooklyn Center. This area which is entirely developed and the existing zoning is 3% (4 ac) service /office- commercial, 48% (78 ac.) multiple family residence (townhouse garden apartments), and 49% (79 ac.) single family residence. Presently, the area has limited storm sewer service, consisting of short sections of reinforced concrete pipes ranging from 12 to 24 inches in diameter. The overland drainage is predominantly directed towards the Island Ponds area at the extreme northwest corner of the City (Fig. 2.19). A creek flows northeasterly through the district and discharges into Shingle Creek. The Island Ponds wetland complex is part of this system. The creek crosses 60th Avenue North at the west boundary of the City and Unity Avenue just south of 70th Circle. Applicable Watershed Standards Island Ponds are located along Unity Avenue North and are designated as wetlands in the National Wetland Inventory. The protection and possible enhancement of these wetlands will be a concern if stormwater sewer improvements result in increased runoff discharge into the wetlands. Improvement initiatives in the Island Ponds area may be eligible for the SCWMC cost -share funding. Capacity Evaluation The longest storm sewer line (900 ft.) is located between Perry Avenue North and Regent Avenue North, just north of 70th Avenue North. The outfall capacity of this line is 10.5 cfs. When surcharged, this pipe would cause street ponding in areas that contribute runoff to it. The pipe system receives overland runoff from an area of 43 acres and the peak 5 year storm runoff in this area is calculated to be 43 cfs. Under these conditions, overland flows will cause street ponding at low spots along Regent Avenue North, Quail Avenue North, and Perry Avenue North, resulting in traffic hazards. 2 -39 Ponding Opportunities There is ample stormwater storage capacity in the drainage area providing P � p y g , p g both water quality and flood control potential. Figure 2.20 shows the existing storm system and potential ponding opportunities. Water Quality The Brooklyn Center portion of MSC3 generates an annual phosphorous load of 146 lbs /yr. There are several ponding areas that appear to have adequate size to provide storm water treatment. No information is available at this time to quantify the extent of this treatment. Global Issues Since the portion of MSC' within Brooklyn Center constitutes 24% of the total area of MSC3, storm water related issues must be addressed through inter - municipal cooperation with Brooklyn Park. Recommendations for Phase H 1) Installation of a lateral storm sewer line along 69th Avenue North should be studied, including capturing runoff toward Brooklyn Boulevard 2) Lateral pipes along north -south oriented streets such as Scott Avenue or Regent Avenue should be studied 3) The two culverts through which the creek flows under 69th Avenue North and Unity Avenue North may be undersized and should be analyzed for capacity. The flood level for this creek should be studied in relation with the high water levels at Shingle Creek. 4) The Island Ponds wetland complex offers possibilities for wetland quality enhancement and stormwater treatment potential. This potential must be quantified. • 2 -40 D M O r D z z m I z CITY OF BR PARK ' " ".sip ,' f s E/� tJ Z n 1 •f D ..r M TT AV T rn (h D SCOTT 1 _ Ruiva � ........_.._..._..w [' 0 , 0AIL^ AVE, hl, s ` + ( � / `• � � rq PERRY rz 04.1 IA HUBLE AUi a� DD:IoW (a =) 0 0 Co Cl- (a Z) 0 700 14 -00 0 � C `D 1 scene in feet 1992 WMP DRAINAGE BOUNDARY � 0 w ?a'. m Q 70 Cam) ° W 1 D z t I I Z I c 7� +.�1. 'i �...II .. BI 1L 7KLYN PARK ,�� /�{{ �r'('' 11 .._,......... -... 48 ...'SAi�i4tV T,�Jt.^"c'..'h� 1 ...y ..... .... -..� J a, < { In =4, CM fT P x r j�.� v ` p t7 ' � r f n <. 'FC) .f 10 AVE. N;.. 0H AVE p :, .r RCP 16 " .__._._.._.. i'— ...__...._.. � ....... _ ,, Fief Jl' AVE, N. �w . �\ _ o RC 00AIL. AVE. 11, G7 l ...... I E:K W AVE. X _ C2RY AVE:, rq _....._ a t... - C11ARD AVe: AVE:�i7. � ����_...�,..._.W_._..._�.. _....,.......�_ ............. l r 1 ,� Am I 0 700 1400 n n m 1992 WMP DRAINAGE BOUNDARY o 0 o Scale in feet 15 "RCP 127 EXISTING STORM SEWER n -1 :3 � w x m a : EXISTING PONDING AREAS /,; PROPOSED PONDING AREA CA Io 0 Council Meeting Date 6/13/94 31 City of Brooklyn Center Agenda Item Number Request For C Consideration • Item Description: CITIZEN REQUEST FOR DISCUSSION REGARDING NOXIOUS WEED DESTRUCTION Department Approval: (-A ` C ki Dia a Spector, Direct f Public Services Manager's Review /Recommendation: .�ti.atsG No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes ) ® On Tuesday, May 31, 1994, the residence at 7100 Humboldt Avenue was tagged by the City's Weed Inspector, Ole Nelson, for tall grass on the boulevard. This tag was the result of a routine neighborhood inspection; five other properties in that neighborhood were tagged that same day, and six more within the past week. The total number of compliance orders written so far this spring is 56. The City's noxious weed ordinance, which adopts state statutes regarding noxious weeds, describes grass in excess of 8 inches in height as being a public nuisance. Slides which will be shown at tonight's meeting will demonstrate that the boulevard grass at this property was measured as in excess of 12 inches, and in some areas in excess of 15 inches. The property owner, Mr. Mike Schwartz, has requested the opportunity to appeal the order to the City Council. Neither state statutes nor the ordinances provide for an appeal of this type of determination. The property owner has within the past few days cut his grass, but has asked for the opportunity to speak to the Council on this matter. His concern is apparently that the City has enough time to check on the height of his grass, but the Police Department does not spend the time and effort to police Humboldt Avenue for speeders and other traffic violators. Recommended City Council Action: Review, discuss, receive comment from the property owner. i Notice to Abate Noxious Weeds/Tall Grass Removal Agreement City of Brooklyn Center Date 06/01/94 3[ 6301 Shingle Creek Parkway PID 25 119 - 21 - 32 - 0064 Brooklyn Center, MN 55430 Address 7100 HUMBOLDT AVE N Telephone 569- 3300/569 -3495 This is to inform you that the property identified above has been found to have noxious weeds or tall grass classified as a public nuisance in accordance with City Ordinances. If you are not the owner or manager of this property, please advise us immediately. The following are the weeds or grass so identified, and the cost of removal. WEED CASE TYPE OF WEED CUTTING INSPECTOR'S NUMBER NUISANCE LOCATION COST FEE ------------------------------------------------------------------------------ 31 TALL GRASS BOULEVARD $35 /HOUR NONE (1 HOUR MINIMUM) ERADICATION: MOW & KEEP MOWED INSTRUCTIONS: Read the enclosed information, check one option, and sign below. Option 1 : I am totally responsible for the mowing /destruction of the noxious weeds /tall grass and I will notify the (---� City (569 -3495) that removal is complete within seven (7) days of the date of this notice. I Option 2: I authorize the City's contractor to mow /destroy the noxious weeds /tall grass, and I understand r I will be invoiced for the price listed above after the removal is complete. I Option 3 : I authorize the City's contractor to mow /destroy the noxious weeds /tall grass, and I understand that r that the amount listed above plus additional fees will be assessed against my property. I I I AM THE OWNER OF THE ABOVE DESCRIBED PROPERTY, AM AUTHORIZED TO BIND SAID PROPERTY, AND AGREE TO THE CONDITIONS SPECIFIED BY THE OPTION I HAVE SELECTED. I AGREE TO PAY THE SPECIFIED COSTS IF REMOVED BY THE CITY'S CONTRACTOR, ACCORDING TO THE SPECIFICATIONS ON FILE AT THE CITY ENGINEER'S OFFICE. I ACKNOWLEDGE RECEIPT OF THIS NOTICE. Authorized Signature Date Phone (day) Phone (night) Property Owner: M. SCHWARTZ /S.KOLSTAD ------------------------------------------------ 7100 HUMBOLDT AVE N BROOKLYN CENTER , MN 55430 For Office Use Oniv: Received Opt Ent Asmnt Pend List # CITY OF BROOKLYN CENTER IMPORTANT INFORMATION ABOUT THE WEED PROGRAM The Weed Program Phone Number is 569 -3495 GENERAL INFORMATION 1. You are encouraged to cut /destroy the weeds or grass within 7 days. If the weeds have not been mowed /destroyed during this period, the City will order the weed contractor to mow /destroy them. The weed mowing /destruction charges ($35.00 per hour; $35.00 minimum charge) plus a $50.00 administrative service charge per parcel for each mowing /destruction will be levied against the property and shown on the 1995 tax statement. 2. If you choose Option 2 or 3, the City's contractor will mow /destroy the noxious weeds /tall grass upon receipt of your agreement form. 3. An invoice will not be sent to you until the work is completed and inspected. Please do NOT pay before you are invoiced. We cannot accept partial payments; if we receive a partial payment, we will return your check to you. 4. In the event the City must send another weed notice at any time during the remaining season, a $50.00 inspection service charge will be added to the weed cutting rate of $35.00 per hour. NOTE: This inspection service charge will be added to each notice after the initial notice for the season. You will be billed for this charge whether you cut the weeds or the City's contractor takes care of them. OPTION 1 1. YOU are responsible for all work and costs for mowing /destruction of noxious weeds or tall grass. 2. Notify the City by calling 569 -3495 when mowing /destruction is complete. Note your address. 3. If you do not notify us within 7 days that the weeds /grass are mowed /destroyed, we will attempt to confirm this with you by phone. If we cannot contact you, the City will order the weed contractor to mow /destroy them. OPTIONS 2 and 3 1. You give authorization to the City's weed contractor to mow /destroy the weeds. 2. The weed cutter charges $35 per hour, with a one hour minimum. OPTION 2 1. You will receive an invoice for the amount shown on your contract AFTER all work has been completed and inspected. If payment is not received in 30 days, it will be added to the special assessment certification list, and additional charges will apply. OPTION 3 1. You choose to a the costs b a special assessment to our roe taxes. A pending assessment is to p ay Y P Y property rtY P g recorded against your roe ; once ended, an assessment may not be removed, so once you choose this P P rtY P Y Y option you cannot change your mind. You will be charged a $30 special assessment fee (per property), and a $10 capitalized interest charge. 2. If the total amount per property, including fees, is less than $300, the cost will be levied in installments over three years; if the total is greater than $300, the period will be five years. The cost will be certified in September of next year for payment beginning the following year. All property owners with weeds eremoved under this option are entitled to an assessment hearing as stated in Ch. 429.061, Minnesota Statutes. You will be notified of this hearing in the August prior to certification. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN T ELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 Dear Property Owner: By authority of Minnesota Statutes, 1976, Chapter 18 notice is hereby given that the property identified on the enclosed agreement has been found to have noxious weeds /tall grass classified as a public nuisance in accordance with City Ordinances, and must be cut within 7 days. IF YOU ARE NOT THE OWNER OF THIS PROPERTY, PLEASE ADVISE US ID-MEDIATELY. Enclosed are the following items: 1. Two copies of a "Notice to Abate Noxious Weeds /Tall Grass Removal Agreement" 2. A sheet describing your options in detail and general information 3. A copy of the city ordinance pertaining to control of noxious weeds. After reviewing this information, please do the following: 1. CHECK THE OPTION YOU DESIRE ON THE ENCLOSED AGREEMENT. 2. RETURN ONE SIGNED AND COMPLETED AGREEMENT TO THE CITY OF BROOKLYN CENTER, ATTN: ENGINEERING DEPARTMENT, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Retain one copy of the agreement for yourself. 3. IF YOU DO NOT RETURN A CONTRACT TO US WITHIN 7 DAYS, the City will proceed under Option 3, that is the City's contractor will mow the weeds /tall grass, and a special assessment will be levied against your property. NOTE: IN THE EVENT THE CITY MUST SEND ANOTHER WEED NOTICE AT ANY TL IE DURING THE RENT IAINING SEASON, A $50.00 INSPECTION SERVICE CHARGE WILL BE ADDED TO EACH SUBSEQUENT NOTICE. Your cooperation in keeping weeds down in Brooklyn Center is appreciated. If you have any questions, lease call the n - Cit P 3495. Y Weed Pro gram at � 69 - Sincerely, Joyce Gulseth City Weed Program Coordinator CITY OF BROOKLYN CENTER IMPORTANT INFORMATION ABOUT THE WEED PROGRAM The Weed Program Phone Number is 569 -3495 GENERAL INFORMATION 1. You are encouraged to cut /destroy the weeds or grass within 7 days. If the weeds have not been mowed /destroyed during this period, the City will order the weed contractor to mow /destroy them. The weed mowing /destruction charges ($35.00 per hour; $35.00 minimum charge) plus a $50.00 administrative service charge per parcel for each mowing /destruction will be levied against the property and shown on the 1995 tax statement. 2. If you choose Option 2 or 3, the City's contractor will mow /destroy the noxious weeds /tall grass upon receipt of your agreement form. 3. An invoice will not be sent to you until the work is completed and inspected. Please do NOT pay before you are invoiced. We cannot accept partial payments; if we receive a partial payment, we will return your check to you. 4. In the event the City must send another weed notice at any time during the remaining season, a $50.00 inspection service charge will be added to the weed cutting rate of $35.00 per hour. NOTE: This inspection service charge will be added to each notice after the initial notice for the season. You will be billed for this charge whether you cut the weeds or the City's contractor takes care of them. OPTION 1 1. YOU are responsible for all work and costs for mowing destruction of noxious weeds or tall grass. 2. Notify the City by calling 569 -3495 when mowing /destruction is complete. Note your address. 3. If you do not notify us within 7 days that the weeds /grass are mowed/destroyed, we will attempt to confirm this with you by phone. If we cannot contact you, the City will order the weed contractor to mow /destroy them. OPTIONS 2 and 3 I. You give authorization to the City's weed contractor to mow /destroy the weeds. 2. The weed cutter charges $35 per hour, with a one hour minimum. OPTION 2 1. You will receive an invoice for the amount shown on y our contract AFTER all work has been completed and inspected. If payment is not received in 30 days, it will be added to the special assessment certification list, and additional charges will apply. OPTION 3 1. You choose to pay the costs by a special assessment to your property taxes. A pending assessment is recorded against your property; once pended, an assessment may not be removed, so once you choose this option you cannot change your mind. You will be charged a S30 special assessment fee (per property), and a $10 capitalized interest charge. 2. If the total amount per property, including fees, is less than $300, the cost will be levied in installments over three years; if the total is greater than $300, the period will be five years. The cost will be certified in September of next year for payment beginning the following year. All properly owners with weeds eremoved under this option are entitled to an assessment hearing as stated in Ch. 429.061, Minnesota Statutes. You will be notified of this hearing in the August prior to certification. Council Meeting Date 6/13/94 C =3[ City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: WILLOW LANE PARK PLAYGROUND EQUIPMENT Department Approval: P PP Diane Spector, Direc o of Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes ) This item includes discussion of the following issues: 1) A draft cooperative agreement regarding the Willow Lane Park playground equipment replacement; 2) Additional work at Willow Lane Park suggested by park maintenance staff, the Park and Recreation Commission and the public at the various Northwest neighborhood improvement project meetings; 3) Appropriating funds for the improvements outlined in items 1 and 2; and 4) A recommendation from the Park and Recreation Commission regarding the other park playgrounds to be improved this year. Cooperative Agreement The City Attorney has drafted a cooperative agreement between the City and ISD # 279 regarding various issues relating to the proposed joint playground project. In brief, this agreement specifies that the City agrees to contribute u to $30,000 and the school district u to $30 000• that the City ill construct the P P , Y improvement on a turnkey basis, on school property; that on completion responsibility for maintenance and liability becomes the school's; and that the general public is entitled to use the equipment, except that during school hours use is subject to school regulations. Staff and the respective attorneys are in the process of finalizing that agreement, and hope to have a final version for approval by the Council at tonight's meeting. Additional Work During the course of discussions with Park Maintenance staff, other staff, the residents of the neighborhood, ® and the Park and Rec Commission, the following improvements have been proposed. These are illustrated on Figure 1, attached. First, the tennis court at Willow Lane is in very poor shape (see photos), essentially unplayable, and • will require a major investment to make it playable. The CIP included a recommendation to in 1994 rehab the courts at an estimated cost of $50,000. Various parties have suggested that consideration should be given to removing the courts altogether. In discussions it was noted that there are other courts in the neighborhood (Northview Junior High, Park Center High School, West Palmer Lake Park) that adequately serve the northwest area of the city. At its April 19, 1994 meeting the Park and Rec Commission voted to approve the removal of the tennis courts at Willow Lane Park. Another issue brought up at the neighborhood meetings was concern regarding the size of the parking lot. During times of heavy park use, the south parking lot fills up, and overflow parking uses 69th Avenue. It was suggested that the parking lot be expanded by six to eight spaces. This expansion would require removal of the basketball courts. Again, other facilities nearby, in this case at Willow Lane School, adequately serve the area. At its April 19, 1994 meeting the Park and Rec Commission voted to approve the removal of the basketball court and the expansion of the parking lot. Finally, it was noted that in conjunction with the playground reconstruction there would be a need to construct some short segments of new trail. Appropriating Funds i 1) PLAYGROUND EQUIPMENT. Preliminary discussions have assumed that the City would contribute up to $30,000, with the school district contributing up to $30,000, and the PTA contributing up to $5,000. At the April 11, 1994 meeting the Council agreed to consider appropriating $30,000 upon execution of a cooperative agreement with the school district. The City's share would be funded by the Capital Improvements Fund. 2) TENNIS AND BASKETBALL COURTS REMOVAL, AND PARKING LOT EXPANSION. No appropriation has been made yet for these improvements, which are estimated to cost $10,000 (as compared to about $50,000 to rehab the tennis court). The Park and Rec Commission has requested, and I recommend that the Council consider making an additional appropriation from the Capital Improvements Fund for these improvements, increasing the total appropriation from the Capital Improvements Fund $40, 000. 3) TRAILS. The Park and Rec Commission has requested and I recommend that the trail work necessary to link the new playground apparatus to the existing trail system, and make it accessible under ADA be included in the City's annual sidewalk and trail project. Other Park Playground Improvements For 1994 The 1994 CIP included playground equipment replacement at four parks - Willow Lane, Lions, Orchard Lane, and West Palmer. The latter three will be presented to the Council for consideration • later this summer. Park Maintenance staff has requested, and the Park and Rec Commission has recommended, that rather than West Palmer, Firehouse Park be done in 1994. Firehouse seems to • have more playground use than West Palmer, and the equipment at Firehouse is in poorer condition than West Palmer. Recommended City Council Action: 1) A resolution authorizing execution of the agreement, amending the project, and making appropriations is included for Council consideration. 2) By motion, approve an amendment to the CIP moving consideration of playground equipment replacement at West Palmer Lake Park to 1995, and Firehouse Park to 1994. • e • JOINT AND COOPERATIVE AGREEMENT THIS AGREEMENT is made, pursuant to Minnesota Statutes § 471.59, this day of , 1994, by and between the city of Brooklyn Center, a municipal corporation (the "City ") and Independent School District No. 279, a public corporation of the state of Minnesota (hereinafter the "District ") ; WITNESSETH: WHEREAS, the District is the owner of certain property in the City known as the Willow Lane Elementary School (the "Subject Property ") ; and �. have c?�'ser >Gr WHEREAS, the District has r = iiested t he ity to participate in the joint construction of certain playground equipment (the "Equipment ") on the Subject Property for the benefit and enjoyment of students of the school and the public generally; and WHEREAS, the City has determined that it is in the best interest of the public • to cooperate with the District in the construction of the Equipment. NOW, THEREFORE, on the basis of the premises and the mutual covenants and promises hereinafter set forth, it is agreed as follows: 1. The City and the District will cooperate in the design of the Equipment and the preparation of plans and specifications therefor. 2. Upon completion of plans and specifications which have been agreed to by both parties, the City will advertise for bids for the purchase and construction of the Equipment. 3. The City will award the contract for the construction of the Equipment only after receiving the prior written approval of the District. At the time of giving such approval, the District will pay to the City the sum of thirty thousand dollars ($30,000) or one half of the bid amount of the agreed upon project, whichever is less, as its full share of the cost of construction of the Equipment. 4. The City will award the contract for construction of the Equipment and oversee the work of the contract. 5. The Equipment will be constructed at a mutually agreed upon location on the Subject Property which will be made available by the District. CLL69622 BR291 -10 D t 6. Upon completion of the contract, the City shall so notify the District. The District shall have 10 days to inspect the Equipment and to notify the City of any material failures to comply with the plans and specifications. The City shall cause any such material deficiencies to be remedied by the contractor. Failure by the District to so notify the City of any such deficiencies shall be deemed acceptance of the Equipment by the District. 7. Upon acceptance of the Equipment, the District shall accept full responsibility and liability for the Equipment in all respects as though the City had not been involved in the financing or construction of the Equipment and shall defend and indemnify the City from any and all claims for loss or damage arising from, or related in any way to, the Equipment. The District shall take responsibility for compliance with all laws and regulations relating to the Equipment, including, but not limited to, the federal Americans with Disabilities Act of 1990. The District shall have sole responsibility for the maintenance, repair, and replacement of the Equipment. 8. Upon completion of the construction of the Equipment, the District shall make it available to the public of the City, subject only to such regulations or restrictions as are reasonably necessary to maintain safety and security. 9. This agreement shall expire 20 years from the date hereof. CITY OF BROOKLYN CENTER By Its Mayor By Its Manager INDEPENDENT SCHOOL DISTRICT NO. 279 By Its By Its i CLL69622 BR291 -10 + r y 4 a try " f ` { u �` c f•�" .v. t s r y >, i 'y", k S� } Nr y;1' 'w.. y i „�,.• ,,r f ws„w"+ 5 we men "4s Y B �2u Y.R ` ..tRSg Y t '�'�t.x�„ a . 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A., r s > ik I y � f� ti� y„'N'' l � Y r r�� *+xb'�t,�1�j ��e2� r ' �a� •,: F i-{ r.•.o �. p, + ti ° g 4 � � '«�i'qz i # •ybp��.r+ � "#' s4' 9.rz ° sue'" ..� r �'„r k,��. ` `„� z i• asp a, }�'3 �.p,•3�. 4 , -,z, $. > i f �, t��:. " ..s�? , � t � a , + r s A ';• Y2..; % 1 ,1' !• .1 � ,. � �(�;t I rT r � f• I � Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF WILLOW LANE PARK PLAYGROUND EQUIPMENT CONSTRUCTION AND MAINTENANCE AGREEMENT, AMENDING IMPROVEMENT PROJECT NO. 1994 -31, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Council by Resolution No. 94 -80 established Improvement Project No. 1994 -31, Playground Replacement at Willow Lane Park, a project jointly funded with Independent School District No. 279, and tentatively appropriated a City contribution of $30,000, subject to execution of a cooperative agreement between the City and the school district; and WHEREAS, said agreement has been developed and .reviewed with school district officials, who agree to its provisions; and WHEREAS, park maintenance staff has requested, and the Park and Recreation Commission has recommended, that said project be expanded to include additional items of work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized to execute the Willow Lane Park Playground Equipment Construction and Maintenance Agreement. 2. Improvement Project No. 1994 -31 is hereby amended to include removal of the tennis and south basketball courts at Willow Lane Park, and expansion of the parking lot. Trail work associated with the relocation of the playground apparatus shall be included in the City's annual sidewalk and trail repair and replacement project. 3. All costs associated with said improvement project, estimated to be $40,000, shall be funded from the Capital Improvements Fund. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 6/13/94 City of Brooklyn Center a g enda Item Number Request For Council Consideration • Item Description: Resolution Expressing Recognition and Appreciation of Jon Perkins for His Dedicated Public Service on the Housing Commission and Water Management Plan Task Force Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: - No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached On May 17, 1994, Jon Perkins submitted his letter of resignation from the Housing Commission and Water Management Plan Task Force. Recommended City Council Action: Pass a Resolution Expressing Recognition and Appreciation of Jon Perkins for His Dedicated Public Service on the Housing Commission and Water Management Plan Task Force. 16qev Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JON PERKINS FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION AND WATER MANAGEMENT PLAN TASK FORCE WHEREAS, Jon Perkins served on the Brooklyn Center Housing Commission from July 23, 1990, through May 17, 1994; and WHEREAS, Jon Perkins served on the Water Management Plan Task Force from April 13, 1992, through May 17, 1994; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Brooklyn Center Housing Commission and Water Management Plan Task Force; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Jon Perkins is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 6/13/94 3 Cfty of Brooklyn Center Agenda Item Number /a Request For Council Consideration • Item Description: Resolution Expressing Recognition of Richard Genetti for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool Department Approval: — J"txt� Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: .� No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached No Recommended City Council Action: Pass a Resolution Expressing Recognition of Richard Genetti for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF RICHARD GENETTI FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL WHEREAS, over a five -year period, Richard Genetti, 7130 Ewing Avenue North, swam 500 miles in the Brooklyn Center pool; and WHEREAS, this achievement reflects the dedication, skill, and perseverance of Mr. Genetti; and WHEREAS, it is highly appropriate that the City Council recognizes his accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Richard Genetti is recognized and he is hereby congratulated by the Brooklyn Center City Council. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN E / C LATER Council Meeting Date G 31 9 Al Agenda Item Number /� C REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET FOR CERTAIN ADA COMPLIANCE EXPENDITURES DEPT. APPROVAL: CCkc -, � h a.� Charles Hansen, Finance Director MANAGER'S REVIEW/RECOMAUNDATION: Y No comments to supplement this report Comments 1 a is be ow h d ttac PP below/ attached SUAEVIARY EXPLANATION: (supplemental sheets attached 3 ) A committee of City employees has been working to develop a plan to comply with the Americans with Disabilities Act(ADA) for over a year. The committee listed 261 improvements that will eventually need to be done. A cost estimate was attached to each item, although it was just a rough estimate by the staff. An initial list of projects to be undertaken in 1993 was approved by the City Council in Resolution 93 -103. One item from this list wasn't completed in 1993 due to a backlog of work. We are now proposing to finish this item in 1994. The attached list of 179 signs will bring the major City buildings into compliance with ADA requirements for signs. About $490 of the cost will be charged to the Liquor Stores. The remaining costs will be charged to the General Fund. A new appropriation from the Contingency Account in the amount of $5,700 is being requested because bids received from vendors are substantially higher than the staff estimate included in the 1993 appropriation. The unspent 1993 appropriation reverted to fund balance. Three written quotes were received from vendors as follows: Sign Solutions, Inc. $6,133.53 Tierney Brothers Inc. $6,540.90 ASI Sign Systems $7,343.63 All three bidders are responsible companies with high quality products which will meet the City's needs in the long run. The staff recommends awarding the bid to the low bidder, Sign Solutions. • RECOMMENDED CITY COUNCIL ACTION Adoption of the attached resolution. �i- i ::.c o' - i y FROM SIGN SOLUTIONS 5.17.1994 16:22 P. 2 Sign Solutions, Inc. - -- 655 19th Avenue N. E., Minneapolis, MN 55418 or Office (612) 788 -7343 Fax (612) 788 -6979 ��- Proposal PROJECT: City of Brooklyn Center ADA Modification - 819nage T YPE QUA. DESCRIPTION UNIT EXT CITY HALL G 2 6 "x6" No Smoking Symbol $14.50 $29.00 1 3 12 "x12" Aluminum panel sign, "Accessable Entrance" $29.00 $87.00 F 3 8"x8" Sandblasted codan panel sign, "Acce:ssable Entrance" $44.00 $132.00 K 1 12 "x12" Alum. panel sign & post, "Aocessable Ramp Entrance" $90.00 $90.00 C.1 2 8 "x8" ER1100 Raised & Braille copy, "Elevator Landing Info.." $35.00 $70.00 C 5 4 "x8" ER1100 Raised & Braille copy, "Knorr► name" $28.00 $140.00 B.2 20 8 "x8" WS /ER1100 Raised & Braille copy, "Office & 2 Inserts" $38.00 $760.00 J 26 3"x1/4" thick Cut Acrylic letters Copy to Read: $5.70 $148.20 "INFORMATION" "COUNCIL 01-I MBERS" A 3 8 "x8" ER1100 Raised & Braille - Slider, "Conference Room" $46.00 $138.00 2 8 "x8" ER1100 Raised & Braiile copy sign, "Restroom" $33.00 $66.00 CITY HALL TOTAL $1,660 POLICE E 3 8"x8" ER1100 Raised & Braille copy sign, "Restroom" $33.00 $99.00 C 15 4 "x8" ER1100 Ralsed & Braille copy, "Room name" $28.00 $420.00 B.2 9 8 "x8" WS /ER1100 Raised & Braille copy, "Office & 2 Inserts" $38.00 $342.00 H 4 12 "x6" WS /ER1100 Raised & Braille copy, "Directional" $40.00 $160.00 POLI TOTAL $1,021.00 COMMUNITY CENTER I 2 12 "42" Aluminum panel sign, "Accessable Entrance" $29.00 $58.00 1.2 1 24 "x36" Aluminum panel sign, "Accessabie Entrance" $90.00 $90.00 F 3 8 "x8" Sandblasted corlan panel sign, "Acce:ssable Entrance" $44.00 $132.00 G 2 6 "x18" No Smoking Symbol sign $37.00 $74.00 C 8 4 "x8" ER1100 Raised & Braille copy, "Room name" $28.00 $224.00 C.1 4 8 "x8" ER1100 Raised & Braille copy, "Accessable door" $35.00 $140.00 D 10 3"x5" ER1100 Raised & Braille copy "Room #" 10.25 $102.50 6 8 "x8" WS /ER1100 Raised & Braille copy, "Office & 2 inserts" $38.00 $228.00 6 8 "x8" ER1100 Raised & Braille copy sign, "I ;estroom" $33.00 $198.00 K.1 1 12 "x18" Alum. panel sign & 10' post, "Dissahled loading" $54.00 $54.00 CVOMMUNITY CENTER TO TAL $1,300.50 012 r53 n9 9 FROM SIGN SOLUTIONS 5.17.1994 16:23 P. 3 PAGE 2 E QUA. DESCRIPTION UNIT EXT EAST FIRE STATION I 1 24 "x12" Alum, panel sign, "Accessable Entrance & Parking" $54.00 $54.00 1.1 4 Vinyl Decal, "HC Accessable or Use other door" $15.00 $$0.00 C 8 4 "x8" ER1100 Raised & Braille copy, "Room name" $28.00 $224.00 E 2 8 "x8" ER1100 Raised & Braille copy sign, "Restroom" $33.00 $66.00 EAST FIRE STATION TOTAL $404.00 W EST FIRE STA TIO K 1 18 "x12" Alum. panel sign, "HC Accessable Parking" & 8' Post $54.00 $54.00 1.1 2 Vinyl Decal, "HC Accessable or Use other door $15.00 $30.00 C 4 4 "x8" ER1100 Raised & Braille copy, "Room name" $28.00 $112.00 E 1 8 "x8" ER1100 Raised & Braille copy sign, "Restroom" $33.00 $33.00 WEST FIRE STATION TOTAL $229,00 LIQUIOR STORE 1 .1 1 Vinyl Decal, "HC Accessable or Use other door" $15.00 $15.00 C 3 4 "x8" ER1100 Raised & Braille copy, "Room name" $28.00 $84.00 E 1 8 "x8" ER1100 Raised & Braille copy sign, "Restroom" $33.00 $33.00 LIQUIOR STORE 1 TOTAL $132.00 LIQUIOR STORE 2 K 1 18 "x12" Alum. panel sign, "HC Accessable Parking" $29.00 $29.00 1.1 1 Vinyl Decal, "HC Accessable or Use other door" $15.00 $15-00 C 2 4 "x8" ER1100 Raised & Braille copy, "Room name" $28.00 $56.00 E 1 8 "x8" E.91 100 Raised & Braille copy sign, "Restroom" $33.00 $33.00 LIQUIOR STOREZTOTAL to MATERIAL TOTAL \ TAX (7 PROJECT TOTAL INSTALL ADD Carl Pressman b12 T o b91'9 FROM SIGN SOLUTIONS 5.17.1994 16:23 P. 4 Sign SoIufl ons, Inc, 3810 West Broadway Avenue, Robbinsdale, MN 55422 Office (612) 588 -4448 Fax (612) 588 -2324 PAGE 3 ITEM A. DESCRIPTION UNIT EXT L/QUIOR STORE 3 K 1 18 "x12" Aluminum panel sign "HC Accessable Parking" $29.00 $29 B 1 Vinyl Decal, "HC Accessable or use other Door" $15.00 $15.00 C 2 4 "x8" ER Raised & Braille Copy sign, "Room Name" $28.00 $56.00 E 1 8"x$" ER Raised & Braille Copy sign, "Room Name" $33.00 $33,00 LIQUIOR STORE 3 TOTAL $133.00 PROJECT MATERIAL TOTAL. $5,012. 70 PROJECT TAX TOTAL $325.$3 PROJECT INSTA4 TOTAL $795.00 PROJECT TOTAL $6 Carl Pressman Me, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FOR CERTAIN ADA COMPLIANCE EXPENDITURES ------------------------------------------------------------- WHEREAS, Section 7.09 of the City Charter provides for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the City of Brooklyn Center has a transition plan for compliance with the Americans with Disabilities Act (ADA); and WHEREAS, a transition plan development committee comprised of City of Brooklyn Center employees has identified upgraded signage as an ADA compliance improvement which should be completed in 1994 but which has no budget authorization at this time; and WHEREAS, staff has received written quotes for the signage from three responsible vendors as follows: Company Bid Sign Solutions $6,133.53 Tierney Brothers Inc. $6,540.90 ASI Sign Systems $7,343.63 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Increase the appropriation for operating supplies, ADA program in the Unallocated Department by $5,700. 2. Decrease the appropriation for the Contingency Account in the Unallocated Department by $5,700. 3. Purchase of the signs from Sign Solutions, the low bidder, in the amount of $6,133.53 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number /a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING SURPLUS PROPERTY DEPT. APPROVAL: Charles Hansen, Finance Director k i MANAGER'S REVIEW/RECOMMENDATIOM e No comments to supplement this report Comments below /attached SUAINIARY EXPLANATION: (supplemental sheets attached ) • On April 29, 1994, the City suffered the unexpected failure of one of the two 1.2 Gigabyte disk storage modules on its Local Area Network (LAN). These were the main storage of the LAN and held all of our computer software and the data files of PC users connected to the LAN. The City did an emergency replacement of both disk storage modules with a new type of storage device called a disk array which offers many improvements over the old system. Both of the old disk storage modules are now of no use to the City and should be declared surplus property for disposal. The one which is still working can be sold to recover part of the cost of replacement. LOGIS has expressed an interest in the working module to use in a limited capacity. The attached resolution would authorize the M.I.S. Coordinator to negotiate a fair and reasonable price for the sale of the module. The resulting funds will be credited towards the cost of the new disk array storage devices. RECOMMENDED CITY COUNCIL ACTION Adoption of Resolution Declaring Surplus Property. dad Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY ------------------------------------- WHEREAS, the City suffered the failure of a storage device on its computer LAN and did an emergency replacement; and WHEREAS, the old storage devices are now in excess of City needs and should be declared surplus; and WHEREAS, staff have located a potential buyer of the surplus equipment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The old disk storage modules from the Local Area Network are declared to be surplus property. 2. The M.I.S. Coordinator is authorized to negotiate a sale with potential buyers. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the followin g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 06/13/94 City of Brooklyn Center Agenda Item Numbcr /d� j9 Request For Council Consideration • Item Description: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TRUCK COMPLETE WITH SEWER VAC CATCH BASIN CLEANER Department Approval: Karla K. Wickre, Deputy City Clerk Manager's Review /Recommendation: ,�...�e No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes ) An appropriation in the amount of $135,000 was appropriated in the 1994 central garage internal service fund budget for the public utilities department to purchase one truck complete with a sewer vac catch basin cleaner. On May 9 1994 the City Council formally rejected the noncompetitive bid received y y � e oncom i Y P in the amount of $148,705.27, approved specifications for this equipment, and directed staff to receive new bids in an effort to get the necessary equipment under competitive bidding conditions. On June 1, 1994, two bids were received with the lowest base bid (no accessories) of $131,606.31 being submitted by Ruffridge - Johnson Equipment Company, Inc. I recommend acceptance of the low bid for the basic equipment submitted by Ruffridge- Johnson Equipment Company, Inc. We are also requesting the addition of a Motorola radio at a cost of $620 to be included in the price of this equipment. The total cost for the truck complete with a sewer vac catch basin cleaner and radio will be $132,226.31. • Recommended City Council Action: Approval of Resolution Accepting Bid and Authorizing the Purchase of One (1) Truck Complete With Sewer Vac Catch Basin Cleaner Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TRUCK COMPLETE WITH SEWER VAC CATCH BASIN CLEANER WHEREAS, an appropriation was approved in the 1994 budget for the purchase of One (1) Truck complete with Sewer Vac Catch Basin Cleaner; and WHEREAS, $135,000 was originally appropriated for the purchase of the truck with sewer vac catch basin cleaner; and WHEREAS, two bids were received as follows: Company Bid Ruffridge- Johnson Equipment Company, Inc. $131,606.31 Mac Queen Equipment Inc. 153,961.73 WHEREAS, a radio is needed to equip this equipment at a cost of $620. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) truck complete with sewer vac catch basin cleaner from Ruffridge- Johnson Equipment Company, Inc. and the purchase of one radio to equip this machinery at a total cost of $132,226.31 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 - 3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 DATE: June 7, 1994 TO: Gerald G. Splinter, City Manager FROM: Mark J. Maloney, n y, Cit E ng ineer / RE: Proposed Purchase of Truck and Sewer Vac As you are aware, the City recently accepted bids (again) for the provision of one truck/sewer vac. We only received one bid the first time, and it was in an amount which exceeded the budget by approximately $14,000. On May 9th, the City Council formally rejected that bid as non- competitive, and directed staff to receive new bids in an effort to get the necessary equipment under competitive bidding conditions. At this time I can report to you that we have indeed received competitive bids for the equipment, with lowest base bid (no accessories) of $131,606.31 being submitted by Ruffridge- Johnson Equipment Com an Inc. p y, This compares favorably to the budgeted amount of $135,000. The bidders were asked to supply bids on the basis of the basic truck/vac unit, with alternate bids for the provision of air compressor and "air knife" accessories. We are not, at this time, recommending acceptance of a bid which includes these accessories, which represent a total add -on of approximately $14,800, or a total price of $146,370.8. While we strongly believe that these accessories would be useful at some point during the operation of the unit, they are not absolutely essential at this time. We will evaluate the use of the unit during its normal operation, and probably budget for the purchase of these (or other ) accessories sometime in the next two y ears. Accordingly, I recommend accepting the low bid of Ruffridge- Johnson. Equipment Company, Inc. and authorizing the purchase of the basic sewer /vac unit at the submitted price of $131,606.31. 198ML1�acaarr �•y Council Meeting Date 6 / 3 / + 31 City of Brooklyn Center Agenda Item Number /� F Request For Council Consideration Item Description: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) SANITARY SEWER MOBILE PUMP Department Approval: Karla K. Wickre, Deputy City Clerk Manager's Review /Recommendation:�G No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached No ) The Capital Improvement Program includes an expenditure in 1994 for the anticipated replacement of a mobile sanitary sewer pump. On May 9, 1994, the City Council approved specifications and authorized the advertisement for bids for one (1) sanitary sewer mobile pump. On June 1, 1994, three bids were received. I recommend acceptance of the low bid from Carlson Equipment in the amount of $27,544.84. • Recommended City Council Action: Approval of Resolution Accepting Bid and Authorizing the Purchase of One (1) Sanitary Sewer Mobile Pump. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF I I ONE (1) SANITARY SEWER MOBILE PUMP WHEREAS, the Capital Improvement Program includes an expenditure in 1994 for the anticipated replacement of a mobile sanitary sewer pump; and WHEREAS, the estimated cost including taxes and accessories was estimated at $35,000; and WHEREAS, three bids were received: Company Bid Carlson Equipment $ 27,544.84 Northern Dewatering Supply 32,770.78 Hayden - Murphy Equipment Company 36,210.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) sanitary sewer mobile pump from Carlson Equipment in the amount of $27,544.84 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 06 /13/94 City of Brooklyn Center Agenda Item Number �a Request For Council Consideration • Item Description: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -20, 24" WATER MAIN REPAIR, I -94 AND DUPONT AVENUE NORTH, APPROPRIATING FUNDS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS Department Approval: Ma k J. Maloney y Engineer Manager's Review /Recommendation: X"!Z� No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes ) • The Capital Improvement Program for 1994 includes the repair of a 24" water main which runs under Interstate I -94, near Dupont Avenue North. This large water main was originally constructed in the 1960's as a continuous, welded steel pipe which served a large portion of eastern Brooklyn Center. The construction of the interstate in the 1970's required a portion of the main to be reconstructed at a lower elevation. It is now proposed to excavate the portion of the water line along the south side of the freeway, and inspect and replace various fittings and adapters which were installed as part of the interstate construction. The purpose of the project is to avoid the emergency scenario which occurred in May, 1992, when similar fittings on the same main leaked near the north side of the freeway. The total cost of that emergency repair, which included costs for City labor, contracted labor and equipment, repair materials, traffic control, fence and street light replacement, restoration, etc. exceeded $50,000. A similar emergency scenario on the south side of the freeway could potentially cost more than $100,000, given the possibility of undermining and replacing the structural noise wall located over the water line. By performing the repair under non - emergency conditions we believe that the wall can be protected, and costs held to a minimum. The attached figure shows the location of the previous emergency repair and the proposed water main improvement. Accordingly, the Engineering staff has prepared plans and specifications for the proposed repair project along the south side of I -94. The total estimated project cost including construction, engineering, administration and contingencies is $77.970. The funding for this improvement would be provided by the Water Utility Fund. • Recommended City Council Action: A resolution which establishes the project, approves plan and specifications and authorizes advertisement for bids is attached for consideration. M il q° R vs (+1 i �c � .. � �• k � � a �„�"'"^ - ! tf ,jam n,� �� .... ..• �... �i 'a v ;t a': r ' � „� �.,. ' i � ' ■C t "�,. ,. .L. "`x" ': r �: S �r MU oil; ` M - s c� 7 J Al ' tA lb .. ; ' Y � c1 � 5 •. "s.:: F Y 7 �' s "'° �'-� �. � �+, ..: z � v Y te�Z '��` �d ". 4 " � � �;qL �' C �¢' 1 4 .li$' te a` a �v.� ! � a a' =` ➢. r � ": r" . ♦} � ."e{ -. _ �.. ayy T' °' y, , g� � y � .. a , II •�" '' y,� .} " ` " Y � u 1 �.�...� a.R KK K' } • ry 4' Cf S _ �^ t M .�`R .. �' �'F�Fr.. - .�� # -p ��T!IIII�� + -.. e� I ��'' �,j �t'�'• +4 '... �F` P`�. t i' v 'v , Ad d 4 7 7 5 S ..£• /�.+ §_'� "�52+ • k "sir S is r �� �5� _ ��� M1• a4 �t T �t �� � a '� � s e. c �a � �� r`;.. ti / • a, r r ^' ;..;-' is +.. ! ,w a Y k _ • lam. •� f s�k r4i" /a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994-20,24" WATER MAIN REPAIR, I -94 AND DUPONT AVENUE NORTH, APPROPRIATING FUNDS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has reported to the City Council that a portion of the 24" water main near I -94 and Dupont Avenue North requires repair; and WHEREAS, the required repair is beyond the scope of usual maintenance performed by City forces; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1994 -20, 24" Water Main Repair, 1 -94 and Dupont Avenue North, is hereby established. 2. Said plans and specifications as prepared by the City Engineer are hereby approved. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the 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 Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy 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 Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. RESOLUTION NO. 4. The estimated project costs are established as follows: Contract $60,000 Contingency (15 %) 9,000 Subtotal Construction $69,000 Staff Engineering (10 %) 6,900 Admin. & Legal (3 %) 2,070 Total Est. Project Cost $77,970 5. All costs relating to this project shall be charged to the Water Utility Fund. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 06 /13/94 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -25, PEDESTRIAN BRIDGE REPAIR IN GARDEN CITY PARK AND AT COUNTY ROAD 10, APPROPRIATING FUNDS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS Department Approval- Mark J. M6'one3Cjelity Engineer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes Ongoing park trail settlement and stream bed erosion over the past 10 years requires extraordinary maintenance efforts at the connection point of the trail and bridge deck at several of the pedestrian • bridges that cross Shingle Creek. The riprap (large cemented stone) which was originally placed to protect the bridge abutments has washed away or settled into the muck, and the fill material which had supported the trail approaches has similarly disappeared. In some cases, the Street Department is required to patch and overlay the trail sections at the bridges twice a year; the added weight of the pavement necessary to maintain pedestrian safety is accelerating the settlement, similar to the "sinking trail" which was reconstructed a few years ago behind City Hall. A complete survey and inspection of all of the pedestrian bridges was conducted in the fall of 1993, and the bridges were categorized as follows: Priority One (recommended for immediate repair); Priority Two (recommended for normal maintenance for another year or so, then reevaluated); and Priority Three (no immediate action necessary). Please refer to Figure 1 for the locations of these pedestrian bridges in the City. Note that the two "Priority One" pedestrian bridges located at Centerbrook Golf Course were repaired in a prior project, which was completed early this spring. It is now recommended that the remaining Priority One pedestrian bridges be combined into one repair project. Similar to one of the golf course bridges, the large bridge over Shingle Creek in Garden City Park is in dire need of extensive erosion stabilization and trail approach work. Also scheduled is a minor re- decking of the bridge over Shingle Creek, located immediately north of County Road 10 (Bass Lake Road). We have been advised that the slopes of the bridge and its approach exceed that which is considered wheelchair accessible, and reworking the ends of the bridge will bring it into ADA compliance. • Accordingly, the City Engineer has developed plans and specifications for Improvement Project No. 1994 -25, Pedestrian Bridge Repairs in Garden City Park and at County Road 10. The Engineer's Estimate for the total costs of these improvements, including contingencies, engineering, legal and administrative is $84,470. Recommended City Council Action: A resolution which establishes the project, approves plans and specifications and authorizes advertisement for bids for Improvement Project No. 1994 -25, is provided for consideration. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -25, PEDESTRIAN BRIDGE REPAIR IN GARDEN CITY PARK AND AT COUNTY ROAD 10, APPROPRIATING FUNDS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, the condition of the trail approaches at various pedestrian bridges creates a non - compliant condition with respect to the Americans With Disabilities Act, and is generally hazardous to g Y edestrians • and P WHEREAS, the City Engineer has determined that repairs are required at the approaches of certain pedestrian bridges that cross Shingle Creek, and WHEREAS, the required repairs are beyond the scope of usual maintenance performed by City forces; and WHEREAS, the City Engineer has prepared plans and specifications for the proposed work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1994 -25, Pedestrian Bridge Repair in Garden City Park and at County Road 10, is hereby established. 2. Said plans and specifications for Improvement Project No. 1994 -25, as prepared by the City Engineer, are hereby approved. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the 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 Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy 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 Deputy City Clerk and accompanied ed b a cash deposit, cashier's check bid bond P Y P > or certified check payable to the City Clerk for 5 percent of the amount of such bid. RESOLUTION NO. 4. The estimated project costs for Improvement Project No. 1994 -25, Pedestrian Bridge Repair in Garden City Park and at County Road 10, are established as follows: Contract $65,000 Contingency (15 %) 9,750 Subtotal Construction $74,750 Staff Engineering (10 %) 7,480 Admin. & Legal (3 %) 2,240 Total Est. Project Cost $84,470 5. All costs related to Improvement Project No. 1994 -25, Pedestrian Bridge Repair in Garden City Park and at County Road 10, shall be charged to the Capital Improvement Fund. 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'.~ _, fi. r ry rnuza . hxa «« wo-y ary . �s - � x � t ` ' � t ';t t� � �, � .*.e - ++ �,. r ............ n ...�.�w•w°'^�q -3� +�^.«"^ U�"`t .".�::. .. ...- f-+':. v.,,,.,......VT.:.. .c.. r_ �. t ..,�. .. o- x i_I 'I H 1 ' f %wor! r � xr r0. dT k�' 4 Mkt � � t [ � `t � .� Ap '.� , ,ai, [•q Y' q. • _ lot Council Meeting Date 6/13/94 31 • City of Brooklyn Center Agenda Item Number ZIA k - 1 Request For Council Consideration Item Description: AMENDING THE 1994 PAY PLAN, AUTHORIZING PERSONNEL CHANGES AT THE GOLF COURSE Department Approval: Diane Spector, Direc&&f Public Services Manager's Review /Recommendation: — - . s&. zg No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached No ) The City's first (and only) Golf Course Manager, Kurt Johnson, recently left the city to develop and • manage a municipal golf course in Mounds View. I have reviewed the daily operations of the Golf Course with Recreation Director Arnie Mavis, and we have agreed that it would be worthwhile to use this opportunity to restructure the golf course organization. During the start -up and first few years, it is crucial to operate under a golf course manager with a broad background in golf course management, who is able to establish and develop policies and procedures for the golf course in a comprehensive manner. However, once the golf course is established, the emphasis changes to maintaining the course. We are now at this point. Accordingly, we recommend that the Council consider deleting the position of golf course manager from the pay plan, and replacing it with a golf course grounds supervisor, at a lower level. Day to day clubhouse operations could be covered by a lead person in the clubhouse, with the Recreation Director overseeing all operations. The golf course grounds supervisor would solely be responsibile for maintaining the greens and the course grounds. This person would work closely with the Park Maintenance and Central Garage divisions for advice regarding grounds and equipment maintenance. The net financial result of this change would be a decrease in operating costs of $12- 15,000 annually. • Recommended City Council Action: A resolution deleting the golf course manager from the pay plan and adding a golf course grounds supervisor is attached for Council consideration. 1� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1994 PAY PLAN, AUTHORIZING PERSONNEL CHANGES AT THE GOLF COURSE WHEREAS, Resolution No. 93 -232 sets wages and salaries for calendar year 1994; and WHEREAS, the Director of Public Services has recommended some reorganization of staffing at the Golf Course to respond to changing operational needs; and WHEREAS, the Director of Public Services has recommended that the position of Golf Course Manager be deleted from the pay plan, and replaced with the position of Golf Course Grounds Supervisor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the 1994 pay plan Schedule C is hereby amended as follows: 1. Delete the position of Golf Course Manager, pay grade C20. 2. Add the position of Golf Course Grounds Supervisor, pay grade C8. 3. Said position shall be funded from the Golf Course Fund. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Daze 06/13/94 3 City of Brooklyn Center Agenda Item Number a Request For Council Consideration is Item Description: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Department Approval: E�/� wk�-- " D e Spector, D e for of Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached The attached resolution represents the official Council action required to expedite removal of the trees • most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. Recommended City Council Action: It is recommended the Council adopt the attached resolution. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/13/94 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- - ---------------------- - - - - -- -- - - - - -- S. ACKMANN /S. MC DONALD 6000 ZENITH AVE N 1 CHARLOTTE NESSETH 4225 66TH AVE N 10 CITY OF BROOKLYN CENTER NORTHPORT PARK 11 GEORGE & VIRGINA SWANSON 6803 PERRY AVE N 12 HOUSING /URBAN DEVELOPMENT 3013 NASH RD 2 CITY OF BROOKLYN CENTER WANGSTED PARK 3 CITY OF BROOKLYN CENTER WANGSTED PARK 4 JOHN & RUTH TRELFORD 6418 FREMONT AVE N 5 NANCY & VICTOR SEIFERT 2630 65TH AVE N 6 CITY OF BROOKLYN CENTER NORTHPORT PARK 7 CITY OF BROOKLYN CENTER NORTHPORT PARK 8 CITY OF BROOKLYN CENTER NORTHPORT PARK 9 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION NO. Date Mayor ATTEST: Deputy 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. Council Meeting Date 06 /13/94 3 City of Brooklyn Center Agenda Item Number , a Request For Council Consideration • Item Description: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1993 -25, CONTRACT 1993 -I, STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH Department Approval: — Mark J. Maloney, Ci meer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached No ) Improvement Project No. 1993 -25, Storm Sewer Repairs at 69th Avenue North and James Avenue North • have been completed by Metro Utilities, Inc. The City Council accepted their proposal and awarded a contract to Metro Utilities, Inc. per Resolution No. 93 -183 in October of 1993, for the amount of $8,180. The actual value of the work performed for this contract was $7,627. This amount is $553 less than the original contract amount due to a minor overestimation of quantities. Staff recommends accepting the work performed and authorizing the final payment for the project. Recommended City Council Action: A resolution which accepts the work performed and approves final payment to Metro Utilities, Inc., is provided for consideration. • fah' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1993 -25, CONTRACT 1993 - I, STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH WHEREAS, the City Council entered into a contract with Metro Utilities, Inc. for the construction of Improvement Project No. 1993 -25; and WHEREAS, pursuant to said written contract signed with the City of Brooklyn Center, Minnesota, Metro Utilities, Inc. has satisfactorily completed the following improvements in accordance with said contract: STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Per Proposal Final Contract $ 8,180 $ 7,627 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $7,627. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. 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. Council Meeting Date 6/13/94 31 City of Brooklyn Center Agenda Item Number , a 4 Request For Council Consideration • Item Description: RESOLUTION ACCEPTING SPECIAL LEGISLATION BY GOVERNING BODY PURSUANT TO MINNESOTA STATUTES, 645.02 AND 645.021 (TIF DISTRICT LEGISLATION) Department Approval: Brad Hoffman, Community Dev opment Director Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached X ) See attached resolution and supporting documentation. • Publicorp Inc. 512 Crown Roller Mill 612 341 -3646 612 05 Fifth Avenue South FAX ( ) 341-4148 1inneapolis, MN 55401 MEMORANDUM TO: Brad Hoffman, City of Brooklyn Center FROM: Gene Ranieri, Publicorp DATE: May 17, 1994 RE: Special Legislation: Local Approval The passage of the special legislation for the City regarding tax increment financing requires compliances with Minnesota Statutes 645.021, Subdivision 2. The cited section refers to the local approval provision of Minnesota Statutes To comply with the section, the City Council must approve a resolution accepting the legislation and the City must complete the enclosed form which must be submitted to the Secretary of State. The resolution and form must be approved and completed by the beginning of the 1995 Session. A copy of the special legislation which is Laws 1994 Chapter 587, Article 9, Section 14 is also enclosed. If you have any questions or need additional information, please feel free to contact me. egbill.94 \btlocap.mem 04/30/94 [REVISOR ] JMR /KK CCRHF3209 1 records. The account may also receive funds from other public 2 and private sources. 3 Subd. 4. [EXEMPTION.] The district established under this 4 section is exempt from the provisions of Minnesota Statutes, 5 section 273.1399. 6 Subd. 5. [LOCAL APPROVAL.] This section is effective upon 7 approval by the governing body of the city of Brooklyn Center 8 under Minnesota Statutes, section 645.021, subdivision 2. 9 Sec. 15. [CITY OF MINNEAPOLIS; SEWARD SOUTH URBAN RENEWAL 10 AREA.] 11 The Minneapolis community development agency may establish 12 an economic development tax increment financing district under 13 Minnesota Statutes, sections 469.174 to 469.178, for the i? S 14 retention and expansion of a private educational campus located 15 within a certain area of Seward South urban renewal area which 16 was incorporated into the urban renewal area pursuant to a 17 modification no. 9 which was adopted by the city of Minneapolis 18 as of April 12, 1985. The district established under this 19 section is not subject to the limitations of Minnesota Statutes, 20 section 469.176, subdivision 4c. The proceeds of the levy by 21 Hennepin county on captured net tax capacity within the district 22 established under this section will be paid to Hennepin county 23 unless the Hennepin county board approves the implementation of 24 tax increment financing with respect to the county's levy within 25 and for the purposes of the district. 26 Sec. 16. [CITY OF MINNEAPOLIS; NORTH WASHINGTON INDUSTRIAL { 27 PARK REDEVELOPMENT PROJECT.] 28 (a) A hazardous substance subdistrict may be established by ] t: 29 the Minneapolis community development agency and the city of E 30 Minneapolis within the North Washington industrial park 31 redevelopment project in the city of Minneapolis. The district 32 would be subject to the provisions of this section. 33 (b) In addition to the uses of tax increment revenues { 34 authorized in Minnesota Statutes, section 469.176, subdivision } 35 4e, the citv of Minneapolis or the Minneapolis community f 36 development agency may use tax increment revenues derived from i i Article 9 Section 16 148 i i 0/94 [REVISOR ] JMR /KK CCRHF3209 i e bonds shall not constitute net debt within the meaning of Minnesota Statutes, section 475.53, or a debt of the county within the meaning of any other statutory provision, and (2) 4 Minnesota Statutes, section 475.58, does not apply. 5 Subd. 3. [EFFECTIVE DATE.] This section is effective the i day following final enactment, upon compliance by the Mahnomen I county board with Minnesota Statutes, section 645.021. 3 Sec. 13. [CITY OF LAKE CRYSTAL; TIF DISTRICT.] Subdivision 1. [DURATION.] Notwithstanding the provisions of Minnesota Statutes, section 469.176, subdivisions 1 and lb, the authority may extend the duration of city of Lake Crystal } tax increment financing district No. 2 -1 through December 31, i 2018. Subd. 2. [EFFECTIVE DATE.] This section is effective upon compliance by the governing body of the city of Lake Crystal with Minnesota Statutes, section 645.021, subdivision 3.' Sec. 14. [BROOKLYN CENTER; REDEVELOPMENT DISTRICT.] Subdivision 1. [ESTABLISHMENT.] The city of Brooklyn Center may establish an redevelopment tax increment financin district in which 15 percent of the revenues generated from tax increment in any year is deposited in the housing development account of the authority and expended according to the tax increment financing plan. +j Subd. 2. [ELIGIBLE ACTIVITIES.] The authority must +f identify in the plan the housing activities that will be assisted by the housing development account. Housing activities 1 may include rehabilitation, acquisition, demolition, and financing of new or existing single family or multifamily housing. Housing activities listed in the plan need not be located within the district or project area but must be activities that meet the requirements of a qualified housing i district under Minnesota Statutes, section 273.1399 or 469.1761, � f subdivision 2. Subd. 3. [HOUSING ACCOUNT.] Tax increment to be expended } for housing activities under this section must be segregated by f the authority_ into a special account on its official books and I 3 .rticle 9 Section 14 147 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING SPECIAL LEGISLATION BY GOVERNING BODY PURSUANT TO MINNESOTA STATUTES, 645.02 AND 645.021(TIF DISTRICT LEGISLATION WHEREAS, the State of Minnesota has passed Laws 1994, Chapter 587; Article 9, Section 14, Subdivisions 1 -5; and WHEREAS, said law authorizes the City of Brooklyn Center to establish a redevelopment tax increment finance district in which fifteen percent (15%) of the revenues generated in any year will be deposited in a housing development account; and WHEREAS, the redevelopment district is deemed to be exempt from the provisions of Minnesota Statutes Section 273.1399; and WHEREAS, approving the special legislation for the City of Brooklyn Center is deemed to be in the best interest of the City of Brooklyn Center; and WHEREAS, it is considered that this legislation is imperative to the successful redevelopment of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Laws 1994, Chapter 587; Article 9, Section 14, Subdivisions 1 -5 are hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date: June 13, 1994_ Agenda Item Number `a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER FOR CENTRAL PARK FLOWERS DEPT. APPROVAL: U't an� k al Charles Hansen, Finance Director MANAGER'S REVIEW/RECOIVEMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) The City recently received a check from the Rotary Club of Brooklyn Center totaling $500. The Club asked that its gift be used for flowers in the park. The attached resolution would acknowledge the gift with appreciation and amend the 1994 General Fund Budget. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. • IaI 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER FOR CENTRAL PARK FLOWERS WHEREAS, the Rotary Club of Brooklyn Center has presented the City a gift of five hundred dollars ($500) and has designated that it be used for flowers in the park; and WHEREAS, the City Council is appreciative of the gift and commends the Rotary Club of Brooklyn Center for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to acknowledge the gift with gratitude and amend the 1994 General Fund Budget as follows: 1. Increase the estimated revenues for donations $500 2. Increase the Parks Maintenance landscape materials and supplies appropriation $500 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of h p 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. • CITY OF BROOKLYN CENTER Council Meeting Date: June 13, 1994 w Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER FOR "MUSIC IN THE PARK" ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S REVIEW/RECO ATION: �.cf� No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) The City recently received a check from the Rotary Club of Brooklyn Center totaling $300. The Club asked that its gift be used for the "Music in the Park" recreation program. The attached resolution would acknowledge the gift with appreciation and designate its use. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. 4a N Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER FOR "MUSIC IN THE PARK" WHEREAS, the Rotary Club of Brooklyn Center has presented the City a gift of three hundred dollars ($300) and has designated that it be used for the "Music in the Park" recreation program; and WHEREAS, the City Council is appreciative of the gift and commends the Rotary Club of Brooklyn Center for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to acknowledge the gift with gratitude and appropriate the gift to the "Music in the Park" recreation program in the amount of $300. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date June 13, 1994 3 City of Brooklyn Center Agenda Item Number 13a l R equest For Cou Cons i d eration Item Description: AMENDMENT TO CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE FOR LARKEN, INC. DBA, HOLIDAY INN, BROOKLYN CENTER. Department Approval: Trevor A. Hampton, Chief o olice Manager's Review /Recommendation: No comments to supplement this report . Comments below /attached Summary Explanation: (supplemental sheets attached _no_) Larken, Inc., d /b /a Holiday Inn, Brooklyn Center at 2200 Freeway Boulevard has requested an amendment to its liquor license for the date of June 21, 1994, effective for the hours of 4:30 p.m. to 8:00 p.m. The proposed amendment would allow the Holiday Inn to host an appreciation event • for its rima corporate clients, p ry rp e ts, which would include approximately 50 to 60 individuals in the Y northwest corner of a vacant area on the Holiday nn property. Attendance is b "invitation only". 0 0 Y P P tY• Y Y• A country and western band will perform at some point during this time period. Appropriate security measures will be taken to ensure the lawful service and consumption of alcohol in the proposed amended area. This event will in no way compromise Holiday Inn's compliance with applicable city zoning ordinances relative to parking. In applying for this amendment, the licensee acknowledges that the amendment will be valid only under those conditions and uses specifically stated on the Amendment Request. Variations from P Y q said conditions and uses may be grounds for termination of the amendment and revocation of the original liquor license. Recommended City Council Action: The City Council approve an amendment to the Class B and Sunday On -Sale Intoxicating Liquor License for Larken, Inc., d /b /a Holiday Inn, Brooklyn Center. • II Council Meeting Date June 13, 1994 3 Clly of B r ooklyn Centel Agenda Item Number Request For Council Consideration • Item Description: CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE FOR ITHACA RESTAURANT, INC., DBA THE PAVILION RESTAURANT AND ROOKIES BAR & GRILL WITHIN THE DAYS INN HOTEL. Department Approval: Trevor A. Hampton, Chief of P ice Manager's Review /Recommendation: Ae�.a No comments to supplement this report . Comments below /attached Summary Explanation: (supplemental sheets attached _no_) Ithaca Restaurant, Inc., located at 1505 Freeway Boulevard within the City of Brooklyn Center, has • applied for a Class B and Sunday On -Sale Intoxicating Liquor License. A background investigation was conducted by Investigator Michael Kaulfuss regarding the president and sole officer of the Ithaca corporation, which will be conducting business as The Pavilion Restaurant and Rookies Bar & Grill. Nothing was found during that investigation under state statute or city ordinance which would preclude the issuance of a new license at this time. In fact, said individual was reported to be an unusually honest and upstanding businessperson in the communities where he has operated similar ventures in the past. Ithaca will be leasing the food and beverage operation at the Days Inn, located at 1505 Freeway Boulevard, from the Brooklyn Center Minnesota Hotel Limited Partnership, a Delaware limited partnership, with its place of business at 14180 Dallas Parkway, Suite 700, Dallas, Texas 75240. The Partnership is a subsidiary of Remington Hotel Corporation at the same address. It should be noted that delinquent property taxes on the property were brought current on October 13, 1993 and the first half of payments due in 1994 were paid on May 9, 1994. Recommended City Council Action: The City Council approve issuance of a Class B and Sunday On -Sale Intoxicating Liquor License for Ithaca Restaurant, Inc., d /b /a The Pavilion Restaurant and Rookies Bar & Grill within the Days Inn Hotel. Council Meeting Date 6/13/94 City of Brooklyn Center Agenda Item Number Request F Council Consideration . Item Description: Licenses Department Approval: j L ". �� ,t,� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Attached is the list of licenses to be approved by the City Council. • i Recommended City Council Action: Approve licenses. 3 C' o Brooklyn n r / � f y Ce to Licenses to be approved by the City Council on June 13, 1994: AMUSEMENT DEVICE - VENDOR Carousel International Corp. P.O. Box 307 D.V.M. Inc. 296 North Pascal City Clerk, MECHANICAL SYSTEMS Air and Furnace Care 8733 Humboldt Ave. N. Air Corp., Inc. 4088 83rd Ave. N. Custom Mechanical 5973 3rd Street NE O'Brien Sheetmetal 144 Glenwood Ave. Q Building Official RENTAL DWELLINGS Renewal: Lloyd J. Waldusky Georgetown Park Townhomes II Michael and Barbara Nelson 6206 Brooklyn Blvd. Michael W. Haase 5328 -30 Queen Ave. N. ACR Homes, Inc. 7110 Riverdale Road Lyle Miller 3513 47th Ave. N. Esam El- Fakahan X y 1215 -17 54th Ave. N. Director of V U 4k- Community Development General Approval: Sharon Knutson, Deputy City Clerk i