HomeMy WebLinkAbout1994 03-14 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
MARCH 14, 1994
7 p.m.
1. Call to Order
2. Roll Call.
3. Opening Ceremonies
4. Open Forum
5. Council Report
6. Approval of Agenda and Consent Agenda
-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., ��, .• e
7. Approval of Minutes:
* a. February 28, 1994 - Regular Session'
8. Proclamations:
p * a. Declaring April 3 through April 10, 1994, as Days of Remembrance of the Victims
of the Holocaust
* b. Declaring April 17 through April 23, 1994, as Brooklyn Center Volunteer
Recognition Week
C. Declaring April 9, 1994, to be a Day of Spiritual Rededication in Brooklyn Center
9. Discussion Items:
a. Policy and Procedure Relating to City Contractual Services for Nonprofit
Organizations P ti
b. Brookdale Area Drainage Study ;; Y e, �, k .
-A presentation by SEH, Inc., the consultant who prepared the study, will-be given.
C. Staff Report on City Attorney Selection f3 _ + , .._h,
d. Update on Status of Humboldt Avenue Petition
10. Resolutions:
* a. Awarding Various City Insurance Contracts x
CITY COUNCIL AGENDA -2- March 14, 1994
* b. Accepting Bid and Authorizing the Purchase of One (1) Sixteen -Foot (16') Rotary
Mower with ROPS Cab
-This acquisition is included in the 1994 budget.
*'
C. Approving Specifications and Authorizing Advertisement for Bids for the Purchase
of One (1) Trailer- Mounted Pothole Patcher }
d. Accepting Quote and Authorizing the Purchase of 2,400 Feet of Fire Hose
-This acquisition is included in the 1994 budget.
* e. Expressing Recognition and Appreciation of Susan Warner for Her Dedicated Public
Service on the Ad Hoc City Communications Task Force
* f. Expressing Recognition and Appreciation of Gerald Nelson for His Dedicated Public
Service on the Ad Hoc City Communications Task Force
* g. Amending the 1994 General Fund Budget to Provide Funding for Purchase of U.S.
West SearchDisc Electronic Directory and CD -ROM Drive and SCSI Express
Software r
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h. Authorizing xecution of an Amended Joint and Cooperative Agreement for the
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Formation and Administration of the Hennepin -Anoka Suburban Drug Task Force
i. Authorizing Execution of an Amended Joint Powers Agreement for Construction and
Operation of Fire Training Site
* ` j. Establishing Project, Approving Plans and Specifications, and Directing
Advertisement for Bids for 1994 Sealcoating Program, Improvement Project No
1994 -21, Contract 1994 -D
k. Amending the 1993 General Fund Budget to Increase Appropriations for Various
Operating Departments
* 1. Rescinding Resolution No. 94 -29, Resolution Selecting Permanent Improvement
Options for 73rd Avenue North, and Calling for a Public Hearing
* m. Accepting Proposal for Professional Services Relating to Land Acquisition,
Improvement Project No. 1992 -29, Storm Water Pond; and Improvement Project
No. 1993 -18, MTC Park and Ride r
* n. Providing for the Negotiated Purchase of Real Property for Improvement Project
Nos. 1992 -29 and 1993 -18
*l1. License to Utilize Explosives Permits for The Howe Company
`*12. Licenses
13. Adjournment
CITY OF BROOKLYN CENTER council Meeting Date Match 14, 1994
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
CITY COUNCIL MINUTES - FEBRUARY 28, 1994 - WORK SESSION
i
DEPT. APPROVAL:
L9 4
Sharon utson, Deputy City Y Cler
MANAGER'S REVIEW/RECOMI��NDATION: s
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
•
RECOMMENDED CITY COUNCIL ACTION
i
CORRECTION
The City Engineer said there is no current emergency, however, the condition of the pavement
is just about gone. He said there is little life left and it is rotting from the bottom up.
Councilmember Rosene said he respects Councilmember Mann's opinion now is not the time for
something permanent, but he would like a solution tonight since the residents are not comfortable
with being in limbo about the property values, etc. He said the interim plan would limit
landscaping, and he thinks landscaping is a very important part of making this road seem like
a residential area rather than a speedway.
Mayor Paulson said landscaping could be discussed next, but since the policy is to preserve
neighborhoods, then this Council will take steps to do something about it.
Councilmember Rosene said because residents have complained about people driving on their
lawns he would like to see curb and gutter installed.
Councilmember Scott said she would like to go ahead with the 'Build in 1994" option because
sealcoating will not change anything. She continued she is not in favor of medians because it
is a waste of money to have to pay back the State for the improvements between 65th and 69th
Avenues. She said she thinks we have to go ahead and reconstruct at 30 -foot width with stop
signs, curb and gutter, and any other traffic control measures as well as a very strong statement
we will not tolerate other cities sending us their traffic.
Mayor Paulson reminded the audience that applause doesn't help their cause. "
Councilmember Mann said she is not opposed to road construction, but if a task force finds this
road needs to be even wider, then it is wasting money doing anything now. She added if T.H.
252 can be changed to accommodate traffic, she would like to see Humboldt Avenue narrowed.
Councilmember Rosene stated he did not want to see Humboldt Avenue become an arterial, and
pressure should be put on Mn /DOT and Brooklyn Park to come up with alternate ways of
moving their citizens. He concluded it is their problem.
Councilmember Mann asked Councilmembers Rosene and Kalligher if they were for construction
with or without assessments, and the response was that would be discussed later on.
There was a motion by Mayor Paulson and seconded by Councilmember Kalligher to include
landscaping and streetscaping. The motion passed unanimously.
2/14/94 -5-
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY 28, 1994
CITY HALL
CALL TQ QRDER
The Brooklyn Center City Council met in regular session and was called to order by Mayor
Todd Paulson at 7:02 p.m.
ROLL CALL
Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and
Kristen Mann. Also present were City Manager Gerald Splinter, Public Works Coordinator
Diane Spector, City Engineer Mark Maloney, Community Development Specialist Tom
Bublitz, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and
Council Secretary Kathy Stratton.
OPENING CEREMONIES
Ulysses Boyd offered the inyoc;ation.
OPEN FORUM
Mavor Paulson noted the Council had received two requests to use the open forum session
this evening.
Mr. Boyd thanked the Council for its work and stated he thought community members
should be reminded of the words of a former president: "Ask not what your country can do
for you, but rather what you can do for your country," He. suggested the word "community"
be substituted for country and applied. in Brooklyn Center.
Gisele Grunwald, 824 69th Avenue North, stated she had sent a letter to each
C -ouncilmembcr regarding HIV prevention and education. She said she is a certified
American Red Cross HIV instructor and would offer herself as a resource to the community,
and she would like the Counci'l's help to get more programs going on in the area. She said
she had talked to Sergeant Frank Roth to find out if space could be made available for
presentations to youth and parents.
Councilmember Rosene asked what type of support Ms. Grunwald was seeking from the City
Council, and she responded she would like guidance on who to call and direction as to how
to proceed to get something started, He asked if a weekend seminar would be well- received,
and Ms, Grunwald said either weekend or weeknights would be acceptable. He also
2P -8/94 - 1 -
suggested a class at the Community Center and a class for the Human Rights and Resources
Commission. Nis. Grunwald agreed those were good suggestions.
Mayor Paulson commented the Community substation should be offered for meeting space
and suggested a lot could be done using Ms. Grunwald as a resource.
Councilmember Rosene suggested Ms. Grunwald work with staff regarding the possibility
of a proclamation to designate a day for HIV awareness.
The City Manager stated the Duman Rights and Resources is a good place to start working
toward getting more programs going and said Ms. Grunwald should contact him,
COUNCIL REPORTS
No Council reports wcrc given.
APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Paulson inquired if any Councilmember requested any items be removed from the
consent agenda. Councilmembcr Scott asked for removal of agenda item 7c, and
Councilmember Kalligher asked for removal of agenda item 11a, and the addition of llf
regarding a settlement.
There was a motion by Councilmember Mann and seconded by Councilmember Kalligher
to approve the February 28, 1994, agenda and consent agenda without items 7c and I Ia.
The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 94 -29A
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) ONE -HALF -TON
PICKUPS
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously,
RESOLUTION NO. 94-30
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE
(1) SIDEWALK SNOWPLOW WITH SNOW BLOWER
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
2/28/94 -2-
RESOLUTION NO, 94 -31
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTINGs BID AND AUTHORIZING THE PURCHASE OF ONE
(1) WATER TANKER AND FLUSHER
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
RESOLUTION NO. 94 -32
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES
RELATING TO HAZARDOUS SUBSTANCE REMOVAL AND INDOOR AIR
QUALITY EVALUATION, CENTRAL GARAGE IMPROVEMENT PROJECT NO.
1993 -19
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Mann and seconded by Councilmember Kalligher
to approve the following list of licenses;
MECHANICAL SYSTEMS
Allied Fireside, dbu Firoplace Corner 2704 Fauvicw Avenue
Anderson Heating and A/C 4347 Central Avenue NE
McQuillan Brothers Plumbing & Heating Co. 452 Selby Avenue
RENTAL DWELLINGS
Renewal:
Ewing Square Associates Ewing Square Townhouses
Curtis Erickson Lake Shore Apartments
George I. Kosmides Lyn River Apartments
Robert & Marilyn Cashman 5622 Emerson Avenue N.
Eugene L. Temple 4207 Lakeside Avenue N. #235
JRJ Properties 6825 -27 Noble Avenue N.
Gary and Carol Mcinke 3601 47th Avenue N.
Lee Marwede 4700 -02 68th Avenue N.
SIGN HANGER
Scenic Sign Corporation P.O. Box 881
The motion . assed unanimously.
Y
2/28/94 - 3 -
APPROVAL OF MINUTES
JANUARY 31, 1994 - WORK SESSION
Councilmembcr Mann stated she had been in attendance at the January 31, 1994, mccting,
but the minutes showed her as absent, The City Manager explained there had been an
updated version which included Councilmember Mann in the roll call distributed this
evening.
There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to
approve the minutes of January 31, 1994, work session with the revision adding
Councilmcmber Mann. The motion passed unanimously.
FEBRUARY 7 1994 - REGULAR SESSION
There was a motion by Cnuncilmember Kalligher and seconded by Counciliuember Mann
to approve the minutes of February 7, 1994, regular session as printed. Councilmember
RnsLne abstained from voting because of his absence from most of the meeting. The
motion passed unanimously.
FEBRUARY 14, 1994 - REGULAR, SSION
O)uncilmember Scott said her statement on page five, paragraph five of the minutes should
include the words "between 65th and 69th Avenues."
Councilmember Kalligher said her motion on the bottom of page five should delete the
words "do reconstruction on Humboldt Avenue, and"
There was a motion by Councilmember Kalligher and 'seconded by Councilmember Scott to
approve the minutes of February 14, 1994, regular session with corrections. The motion
passed unanimously.
MAYORAL APPOINTMENTS
Mayor Paulson explained he had not contacted the applicants for the North Metro
Convention & Tourism Bureau Board of Directors or the Shingle Creek Watershed and
West Mississippi Watershed Commissions, and therefore appointments would have to wait
until the next Council Meeting.
PLANNING COMMISSION ITEM - PLANNING COMMISSION APPLICATION NO.
94001
The Planning and Zoning Specialist reviewed Application No. 94001 and explained the
Planning Commission had given a favorable recommendation to the Council regarding this
application. He said the proposed Nickels & Dimes entertainment facility would be located
at Brookdale in the site where Musicland was formerly located.
Councilmember Kalligher asked if the special use permit needed periodic renewal or if it
stayed the same once granted. The Planning and Zoning Specialist explained it is difficult
2/28/94 -4-
to revoke a special use permit once granted, but licensing is a better way to handle any
revocations.
Councilmember Scott asked if there had been any further indications as to what age group
this facility would be, geared toward. The Planning and Zoning Specialist said his
understanding is it would appeal to all ages with some kiddie rides, possibly a ball -crawl, and
all types of electronic games, He added the concern of the Planning Commission was to
have a light, bright atmosphere.
The Planning and Zoning Specialist said there is a letter on file from the management of
Brookdale in which some concerns are expressed, but they are confident the business would
be a plus, not a negative.
Councilmember Scott said the secret is a business that will attract families, and the problem
with Picadilly Circus was it only attracted teens.
Councilmember Rosene asked if this business would resemble Circus Pizza, and the Planning
and Zoning Specialist explained there would be no food service.
The Planning and Zoning Specialist said he wouldn't stand before the Council and say there
won't be any problems, but how they are dealt with will be what's important. He added the
main concern of the City was to prevent amusement centers in small locations directly
located in neighborhoods.
A representative of the applicant said he lives three blocks from Knollwood Mall where the
Gold dine, one of 210 such centers around the U.S. and Australia operated by Nickels &
Dimes, Inc. is located. He said the facility there is definitely a family operation, and he
hoped the Council would approve the application before them this evening.
Councilmember Rosene asked if any resolutions were necessary, and the City Manager
explained only a motion was needed at this time, and if there are any problems in the future
of the operation, the licensing could be, revoked.
There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher
to approve Planning Commission Application No. 94001 submitted by Nickels and Dunes,
Inc. for special use permit approval to operate an Amusement Center at Brookdale Center
subject to the following conditions;
1. The special use permit is issued to the applicant to operate an amusement center at
Brookdale Center. No other use is acknowledged or implied by this approval. Any
expansion of this use shall require an amendment to this special use permit.
2/28/94 - 5 -
2. The granting of this special use permit is subject to the applicant complying with all
applicable codes, ordinances, and regulations relating to the operation. Any violation
thereof may be grounds for revocation.
3. The applicant shall apply for and receive the appropriate amusement device licenses
prior to occupancy of the site.
The motion passed unanimously.
DI 1'E M
DISCUSSION I S
ALLOCATION OF 'YEAR XX (1994 -1993) COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS
The City Manager explained the purpose for having this item on this evening's agenda is to
set the date for the formal hearing for March 28, 1994,
The Community Development Specialist said staff was attempting to get requests out on the
table earlier this year than had taken place last year. He said including the dollar amounts
with the requests does not mean each requesting agency should be in the program, but gives
the Council the opportunity to look at the requests and ask staff to do any additional
research necessary,
Councilmember Scott wanted to know what to do if there was a problem with the amounts
some of the groups were asking. She asked if they should be addressed this evening or on
the night of the hearing.
The Community Development Specialist said it was fine to ask questions now.
Councilmember Scott said there are 76 families waiting for relocation and to pull money
from that designation for some agency's last minute needs when these people have been
waiting for such a long time is wrong, She said she would like to sec the Council retain
more money for the home rehabilitation program because keeping up the appearance of the
community is important and there arc. a lot of low- income families who can't afford
improvements. She added in the past when houses have been rehabilitated and sold, the
City has always gotten its money back if the property was sold within the five year lien
period.
The City Manager said staff would summarize its recommendations for the March 28th
meeting.
Councilmember Mann said she would like to see documentation of how many Brooklyn
Center residents receive benefits from each of the services, and the Community
Development Specialist said he would include as much of this information as possible.
2128(94 -6-
There was a motion by Councilmember Scott and seconded by Councilmember Rosene to
approve the public hearing for March 28, 1994, and to authorize publication of the hearing
notice.
Councilmember Kalligher asked why DIED had reduced its grant award by $25,000. Staff
will report on this at the March 28 meeting.
Councilmember Rosene said the budget grew by $25,000 and there were $30,000 in new
requests for a $6,000 difference. He asked if the difference came because the City is no
longer funding Head Start, and the Community Development Specialist said yes, that was
the major difference, as well as some change on programs for the elderly.
Mayor Paulson asked to what degree rehabilitation funds could be shifted to scattered site
redevelopment.
The Community Development Specialist said $50,000 was recommended to repay the EDA
reserve fund for the acquisition and demolition of the apartments on Humboldt Avenue, but
staff recommendation was made not to pursue any single family home acquisition.
The City Attorney recommended a statement be added to the motion saying the amounts
requested by various agencies and specified in the hearing notice may be subject to change
at the public hearing,
The aforementioned motion passed unanimously.
FREEDOM OF SPEECH/OPINION SIGNS
The City Manager explained the need to form a policy regarding the use of signs in
Brooklyn Center and said the basic request of the Council is to send the issue to the
Planning Commission for its review and recommendation.
The Planning and Zoning Specialist explained all Councilmembers had received a copy of
a letter from the City Attorney regarding non - commercial signs. He said based on court
cases and constitutional challenge, the City cannot regulate non - commercial signs any more
than it regulates commercial signs. He added the °anent sign ordinance does regulate
campaign signing, but it appears Brooklyn Center's sign ordinance is not in keeping with
recent constitutional developments. He said the City can regulate signs in the right -of -way
or on power poles, etc., and an individual has the right to post signs on his or her property,
but the issue is whether the City should regulate the size, type, or number of signs allowed.
He said there have been some signs appearing and some concerns in the community, and
the staff is seeking direction from the Council.
Councilmember Rosene said he would not want to do anything regarding the regulations for
political signs, but he thought it would be a good idea to refer this to the Plannix g
Commission to do some groundwork. He said he would be interested in seeing what the
2/28/94 -7-
Planning Commission could come up with, and mentioned it is a source of pride for
Brooklyn Center not to allow billboards because someone could abuse that privilege and the
whole community would suffer.
Mayor Paulson asked what is currently being done to enforce any sign regulations, and the
Planning and Zoning Specialist said the City is not taking any overt action at this time.
Councilmember Rosene said he thought State Law superseded the jurisdiction of cities, and
the Planning and Zoning Specialist said Minnesota statute states there is no size limit for
political signs between 60 days before and 10 days after a state general election, otherwise
local regulations prevail.
Mayor Paulson asked staff to convey to the Planning Commission this is an opportunity to
retain the free h o keep the commun look speec right and also t p ty g nice.
There was a motion by Councilmember Rosene and seconded by Councilmember Mann to
direct the Planning Commission to take up the issue of signs, including areas such as size,
number, type, and length of time for posting. The motion passed unanimously.
RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO
REQUEST_ COUNCIL TO RECONSIDER THE 1994 FUNDING CUT FOR
BROOKLYN COMMUNITY BAND
The City Manager explained there had been a request from the Brooklyn Community Band
to continue its funding. He asked if the Council would wish to do so.
Councilmember Rosene said he had not realized this specific item had been removed from
the budget when cuts were made, and he said he would move to continue funding bexduse
there are so many members of the community who participate.
Councilmember Kalligher said she thought there were many similar requests from other
organizations whose funding was also cut, including several kids' sporting organizatiuns. She
recommended tabling this request until there is a policy made on what will or will not be
funded and also said the band could increase its own fund - raising activities.
The City Manager explained when the Council was in a tight situation to cut some funds,
money went to a contingency fund and was to be used for youth activities while Gutting adult
activities.
Councilmember Mann said the band has been part of the community for 31 years which
o �d perhap
' t h at fundm was has a.i e a
giv es, historical value. She said she thoug cutting th g ha P P
g g
there could be savings on the budget because of overtime staffing charges.
2/28/94 -8-
The City Manager explained the overtime staffing is necessary because events are on
weekends, and equipment hauling and storing cannot be done by lay people, but by licensed
City employees.
Councilmember Rosene conveyed his regret the band was not contacted in advance of the
funding cut so they'd have time to so alternative . �rch for funding s
There was a motion by Councilmember Rosene and seconded by Councilmember Mann to
reinstate funding for the band for this year.
Wayne Schaffran, President of Brooklyn Community Band, said he thought the Council
made the budget decision without input from the band; therefore, he provided a packet of
information about the band and its activities. He ve a brief overview of the p acket and
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stated all members of the band feel it should continue. He explained the operating budget
is $7,485, and that 1/3 came from Brooklyn Center, 1/3 from Brooklyn Park, and 1/3 from
the band or the Lions clubs,
Councilmember Kalligher asked how many residents of Brooklyn Center were in the band,
and Mr, Schaffran said there were 13. She asked if the band had any fund - raisers of its own
and said she would like to read more about the band and have the Park and Recreation
Commission look into this more before making a decision.
Mr. Schaffran said the Council should consider the band provides a service to all the
residents because of its performances for nursing homes and the concerts, including concerts
in the park.
Mayor Paulson, suggested the motion be amended to include reinstating funding for this
year, directing the Park and Recreation Commission to work along with the Human Rights
and Resources Commission to set policy an how to prioritize funding and funding cuts, and
n
directin g g g the band to investigate other funding sources, Co
uncilmembers Rose a an d Mann
accepted that amendment.
Mr. Carl Carlson, a professional musician who got his start in a community band, said the
comparison to sports really bothered him because music is not just recreation but an art
form. He said musicians cannot just play once a week to be in a band, and the band plays
for others, not just for the benefit to the band member. He said Brooklyn Center spends
money to train kids in music, but then there is nowhere for adults to use that talent. He
said the band is a sort of minor league of music after high school and people get a lot of
enjoy from heari the band,
g
Councilmember Kalligher said if the Council gives the band $2,450, then everybody else will
be asking for it too. She said she is sorry to compare music to sports, but there are other
groups that have their own merit that also received cuts. She urged the Council to look at
2/28!94 -9-
the whole picture rather than looking piece -meal at the requests, especially if nobody knows
g P Y Y
if there is money in the fund for it.
Councilmember Rosene said he is also concerned about precedent but did not see this as
precedent setting because the band was funded and had planned on a performance schedule
for the year. He joked if there is not $2,450 in the contingency fund, then the City is in
trouble, He rcpcated he is willing to fund the band for this year but not for the next.
Mayor Paulson said it is not an either -or situation between the band and other groups, and
stated he is aware Councilmember Kalligher has been an advocate for youth sports, But he
said he is comfortable with the motion.
Councilmember Rosene said in youth sports each athlete chips in to play and asked if the
band members do the same Mr. Schaffran said each member pays $25 to join or $40 per
couple.
RESOLUTION NO, 94 -33
Member Dave Rosene introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE
FUNDING FOR THE BROOKLYN COMMUNITY BAND
The motion for the adoption of the foregoing resolution was duly seconded by member
Kristen Mann, and the motion passed unanimously.
NORTH METRO HIGHWAY 100 COUNCIL
The City Manager explained there has been interest conveyed in forming this Council and
he recommended the City give staff ability to fund it. He offered to answer any questions.
Councilmember Scott said creating the Highway 100 Council is the only way to see Highway
100 improved. She said in the last 15 years no progress has been made because
improvements are proposed but they keep being cut. She said there are drastic needs
because of bottle- necking and the overlay is breaking up, and because of the congestion
people's safety is in jeopardy.
The City Manager presented a Resolution Amending the 1994 General Fund Budget to
Provide Funding for North Metro Highway 140 Council, Inc.
RESOLUTION NO. 94 -34
Member Celia Scott introduced the following resolution and moved its adoption;
RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE
FUNDING FOR NORTH METRO HIGHWAY 100 COUNCIL, 1NC.
2P2$194 _10-
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously. Mayor Paulson abstained from voting
because of his service on the Board of Directors for the Metropolitan Transit Commission.
NORTHWEST AREA IMPRO )LENTS
The City Manager explained the staff needs authorization to proceed on the proposed
improvements and introduced the City Engineer to answer any questions.
The City Engineer stated the feasibility study goes into detail about the improvements and
the primary concern which is drainage conditions. He said there had been good discussion
with the residents and recommended the Council approve a public hearing for March 28,
1994. He said one action in the resolution is to direct staff to mail petitions to property
owners on which they can indicate their support or non- support of improvements,
The City Manager explained that if favorable petitions are not received from the owners of
at least 35% of the property in the area, there would need to be a 4 /5ths majority vote on
March 28 to approve construction.
The City Manager presented a Resolution Receiving Engineer's Report Regarding
Improvements in the Northwest Area (Improvement Project Nos. 1994-11 and 1994-12) and
Calling for a Public Hearing,
RE TI N N . 94-
Mcinbor Barb Kalligher introduced the fullowing resolution and moved its adoption:
RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS
IN THE NORTHWEST AREA (IMPROVEMENT PROJECT NOS, 1994 -11 AND 1994 -
12) AND CALLING FOR A PUBLIC HEARING
The motion for the adoption of the foregoing resolution was duly seconded by member
Kristen Mann, and the motion passed unanimously,
JAMESIKNOX154TH AVENUES IMPROVEMENTS
The City Engineer said the situation here is similar, but the main issue is the sanitary sewer
mains. He said there has been a limited response from the residents in this area,
Councilmember Kalligher asked that Councilmembers be notified of dates and times of
resident meetings, and the City Manager said they would be.
The City Manager presented a Resolution Receiving Engineer's Report Regarding
Improvements on James/Knox/54th Avenues (Improvement Project Nos. 1994 -01 and 1994 -
02) and Calling for a Public Hearing.
2/28194
RE _
RESO LUTION
94
NQ, 36
Member Barb Kalligher introduced the following resolution and moved its adoption:
RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS
ON JAES/KNOX/54TH AVENUES (IMPROVEMENT PROJECT NOS 1994 AND
1994-02) AND CALLING FOR A PUBLIC FEAtING
The motion for the adoption of the foregoing resolution was duly seconded by member Celia
Scott, and the motion passed unanimously,
There was a recess called at 8:45 p.m., and the Council reconvened at 8 :53 p.m.
HUMBOLDT/73RD AVENUE IMPROVEMENTS
The City Manager reminded the Council of its series of 8 -10 motions regarding Humboldt
Avenue that were passed on February 14, 1994. He said one of the motions was regarding
stop sign plaCement, and explained signs were installed last Saturday on 70th and 72nd
Avenues. He said staff is recommending delay in installation of the other stop signs because
of several issues, and he stated if curvilinear construction is done, at least 25 % of existing
trees will be sacrificed, He used an overhead to show the cost savings if State Aid funding
is retained and showed the Council is choosing to increase the tax levy if it foregoes State
funding, He listed several other possible delays that could occur in the construction process.
The Public Works Coordinator explained there may be amendments necessary to
� Y scary the
Comprehensive Plan if the street is changed from a collector street to a local street which
would have to go through the Planning Commission. She also said if any action is perceived
to be in violation of the City's Transportation Plan or the Metropolitan Council's
Transportation Plan, the City would be counted out of eligibility for other federal grants and
funding. She said removing traffic from one road and not replacing it to another or
increasing congestion on T.H. 252 were both ways to be in violation of these plans.
The City Engineer explained that pursual of a variance from State Aid standards would
preclude construction in 1994, He presented funding options and reviewed a chart regarding
Cost and Financing Options. He explained for an identical amount of State Aid to transfer
to another road, with no reduction in State Aid, it would have to have the same amount of
traffic, not already be in State Aid program, and be under the City's jurisdiction (L it can't
be a County road like Brooklyn Boulevard.) He said requiring that parking be maintained
on Hilmholdt may he forcing the issue of even doing the improvements at all, He showed
"Option 2," in which parking is pr ohibited and the project is funded entirely by regular and
local State Aid.
Councilmember Rosene stated if parking is taken away it "saves" residents between $1500 -
122,50 in assessments, He asked what other ways the City could lose State Aid funding.
2/28/94 -12-
The City Engineer explained the intent of the State Aid system is to provide continuity, safe
M conveyance, and accommodate higher volumes of traffic, and anything that goes against that
such as speeds lower than 30 mph, gutting off the rvud, 5pccd humps, of NO TRUCKS
ALLOWED signs would be grounds for non - qualification for funding,
Councilmember Rosene asked what number of cars per day could change a street's
designation from a collector to a minor arterial, and the City Engineer said there is no
specific number given for either label.
Councilmember Rosene said if Humboldt is called a collector street in the Comp Plan, then
it should be a goal to get it to local street status by lowering the number of cars,
The City Engineer explained three resolutions in the agenda. He said 10gl is most like the
motions made at the last meeting, 1082 is identical but prohibits parking and therefore
retains State funding, and 10g3 calls for interim measures.
Mayor Paulson asked if there had been any results from the stop signs, and City staff
members said there had not been any phone ca115 nor enough time to make any
determination, He said he had received calls ,about the signs and wondered if overtime was
paid to workers for putting them up on Saturday,
The City Manager explained the workers were already out that day and it was a good time
to do it,
Councilmember Scott said she is concerned about getting into trouble with the Metropolitan
Council and asked for some verbal input from the representative in attendance this evening,
Carl Ohre, Planning Analyst for the Metropolitan Council and principal author of the 19$$
and 1959 policy plan, stated the Met Council withholds funding unless plans are consistent
with its policy. He said the intent of the policy is to ensure the system for allowing short
trips without adding to congestion of major highways.
Councilmember Scott asked how the Met Council expects suburbs to solve problems that
are not from short trips but cut - through traffic.
Mr. Ohrn suggested the Task Force be formed to look at details. He said it seems the City
of Brooklyn Center is coming up with solutions that might not be best for the overall
picture, and he'd like to think there is a good compromise,
Councilmember Rosene said sadly Brooklyn Center is in the position of treating the
symptoms rather than the illness. He said it seems a third lane on T,H. 232 would be a
good suggestion and asked what it would take to get that type of thing added.
2/28/94 - 13-
Mr. Ohrn responded adding a third lane is consistent with goals of the Council, but the
current plan is already significantly over budget and includes proposals through the year
2015 but does not currently include improvements to T.H. 252. He added its possible a
federal policy may favor funding for this type of project, especially if it were to be an tiOV
lane.
Mayor Paulson mentioned the Team Transit project in which all it took was a can of paint
and the determination to "just do it" and get something done. .
Mr. Ohrn said in the Team Transit project the situation was looked at and studied by
engineers for a year and a half before action was taken to make sure it was safe and
therefore prevent litigation. He said if it is discovered the solution in Brooklyn Center costs
less than 5 million dollars it is a better possibility than if it is more expensive.
Mayor Paulson asked what the policy is on neighborhoods, and Mr. Ohrn said everybody
wants to preserve neighborhoods but some roads still have to carry traffic.
Councilmember Kalligher asked how long Mr. Ohm would see a task force taking, and he
responded si;i months would be reasonable, and the trick is balance since no solution will
completely satisfy everybody. Mr. Ohrn added after having a Task Force research options,
then when the decision is made at least there can be the confidence that there wasn't a
solution that could have been done more easily and cheaply. He said the Task Force should
seek to determine whether there is a low cost solution on T,H, 252, if there is a transit
solution, if traffic could be split with another road, or some form of compromise between
all of these,
Councilmember Kalligher said the residents need to be given some relief and asked what if
the 'Task Force is unable to come up with a solution. She also stated the citizens need
assurance the City will not let this drag out.
Mr. Ohrn said there must be some way for Brooklyn Center and the Metropolitan Council
not to be at odds because it is not their desire to penalize communities, He said the
Metropolitan Council would be willing to have representation on the Task Force, and six
months is reasonable but he would not commit to that totally without knowing more about
the situation.
Mayor Paulson asked if metropolitan area roads are already at capacity and if new projects
will already have been outgrown when they are complete. Mr. Ohrn responded it is
impossible to accommodate needs for everyone to drive everywhere alone, so the goal is to
reward car- pooling and penalize solitary drivers. He said the current projected plan only
meets 50 %n of the perceived needs for road construction. He added he would be happy to
look for a transit solution as opposed to a road construction solution.
2/28/94 - 14 -
In response to a question from Councilmember Rosene whether there is any way to slow
down northern development, Mr. Ohrn said development is seen as a solution to many
problems in a community because it broadens the tax base. He, apologized for not being a
harbinger of joy this evening, but said he would really like to work with the City of Brooklyn
Center.
Councilmember Kalligher said in light of Mr. Ohrn's comments, she thinks the resolution
to pass is 10g3, the interim plan, but with taking out the overlay and adding a date for Task
Force to complete its work by December of 1994. She said any other options would involve
budding a road the City is not even sure it needs.
Councilmember Scott said there is a definite need for the Task Force, but she thought it
should be completed by the first meeting in October when the budget for next year has to
be considered.
The City Manager commented he did not know how long it would take to get membership
for the Task Force set, and therefore October completion would be ambitious, especially
since citizen involvement is desired.
Councilmember Scott said it shouldn't take over a month to get it farmed, but rather the
problem would be keeping membership down because there have already been so many who
have volunteered.
Councilmember Kalligher said "Let's be ambitious and shoot for the second meeting in
October."
Councilmember Mann said it is important for Brooklyn Center to take the lead in setting
this Task Force to work.
The City Manager said that is the assumption, and Councilmember Mann requested it be
stated in the resolution.
Councilmember Scott said she is concerned with spending the residents' money and not
solving anything. She said there are mixed feelings about the stop signs, and residents
deserve a permanent solution. She said she does not want to spend money if it turns out
not to give a permanent solution. She concluded the Task Force gives a chance for this to
be investigated by people with training and technical background and expertise needed for
a real solution.
Mayor Paulson stated actions speak louder than words and this is an issue the City Council
will take action on if the Task Force is unable to come up with a viable solution. He said
the Council should set a level for how much traffic is allowable on the street, and the
Council still has some available options to try if suggestions by the Task Force don't solve
the problem.
2/28/94 - 15-
Councilmember Rosene likened his fear about retaining State Aid to a beautiful pair of
shiny new handcuffs, and that it may become restrictive in what action can be taken. He
said he hopes that little -by- little the levels of traffic on Humboldt could be reduced and a
liveable situation achieved by compromise on all parts. He said if curvrfinear construction
and stop signs fail to work, the City should retain some other options, all of which would
be impossible if State Aid funding is retained.
Councilmember Scott said while the Task Force is working on a solution, there should be
a request to Brooklyn Park City Council to place a NO RIGHT TURN sign on Brookdale
Drive for some immediate relief to the traffic problem.
The City Manager explained that request would be part of these resolutions.
Councilmember Rosene pointed out if the overlay is scratched, the Council returns to the
point it was at last August and this action is a radical switch,
Councilmember Kalligher said there is not much choice since construction is not necessarily
a solution.
There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to
adopt Resolution Ng3 without the overlay and with the addition the Task Force should
present its findings at the second meeting in June and be finished with its recommendations
by the second meeting in October.
Russ Snyder, 7234 Humboldt Avenue, said he wanted to clarify the sentiment of the
residents. He said it is not that they; do not want an overlay, they just do not want a delay
Li at,tion. IIc said if the pcaplo who worked for him did what the City staff has drone
tonight, waiting until the last night and saying nothing should be done, he'd fire them.
Chuck Lenthe, a resident of Irving Avenue, said he represented the greater community area
and recommended rather than a 30 -foot road, Humboldt should be constructed at 32 feet
with a variance.
Dave Olsen, 150173rd Avenue, explained he has become a designated speaker of sorts. He
asked why the pedestrian crossing signs had come down in order for the stop signs to go up.
The City Manager said there has to be a warning sign before a stop which replaces the
pedestrian crossing sign.
Mr. Olsen thanked Mr. Ohrn and commented no one should have to live next to such a road
as Humboldt, He said they are quite Gpnfident 50% of the traffic is using Humboldt as a
Highway 100 extension. He said because losing State funding on Humboldt may jeopardize
rather projects, it seoms Humboldt Avenue is the most important piece of road in the City.
He expressed his disappointment that after six months the people on Humboldt are being
2/28/94 -16-
told to live with the problem. He explained that H.A.R.A. had drafted its own resolution
which he distributed to the Council. He said he was sorry 8 if draf a resolution was
inappropriate, but wanted the sentiment of the community to go on record. He pointed out
T.H. 252 is not even four miles long, so it would not qualify as a road for long trips. He
concluded the residents would like a 30 -foot road, no Mate Aid, parking, and a street that
can become liveable little by little.
Tony Kuefler, 5943 Abbott Avenue, said stop signs on 59th and 60th Avenues are helping
the problem and it would be unfair to give up State funding and make residents pay the full
assessment.
Larry Cuskey, 7024 Humboldt Avenue, stated there may be a conflict of interests because
CouncUmember Kallighor derives income from sale of advertising to businesses. He
suggested maybe she should not vote.
CouncInember Kalligher stated less than 2 of her income could be derived from sale of
advertising to businesses. She asked the City Attorney to comment on the issue.
The City Attorney stated the written opinion on the subject is there is no legal conflict of
interest in Counccilmembcr Kalligher's cast. He said a conflict of interest would invulvc
substantial pecuniary interest in the, outcome of a matter. He said it would be difficult for
any business person to serve on any City Council if unsubstantial cases were considered
conflict of interest. He said the regulation is for when a Councilmember directly does
business with people affected by a vote.
Mr. Cuskey continued by expressing his disappointment that staff had never given option 11
to the City Council, or that it was "conveniently left out." He said he is questioning the
ability famili are directs affected the
of staff to do as th until req uests, He said 38 am�1
ty e Co q Y by
Council's decision to do nothing and wanted to talk about liability because his stress level
is high and he is breaking down over this issue. He urged the Council to give him back a
life and went on to inquire about the status of Sy Knapp's position.
Councilmember Kalligher called for a point of order and asked Mr. Cuskey to stop attacking
City officials.
Mayor Paulson thanked Mr. Cuskey for his input.
Barb Lippold, 7012 Humboldt Avenue, said the stop. signs are great and they did help a
little, She urged the Council not to put this off and said the picture frames its her house
have to be straightened every day from the shaking as traffic goes by. She asked the Council
not to be paralyzed by politization and urged the Council to pass the resolution.
Councilmember Kalligher called the question.
2/28/94 -17-
Mayor Paulson said he had not stated his position yet.
Councilmember Mann asserted a point of order and explained calling the question means
discussion should stop and there should be a vote.
Counc lmember Rosene clarified calling the question is to limit discussion if each member
has stated a position.
Mayor Paulson said the Council needs to do something on Humboldt that will last for a long
time. He said some of his experience has been that a Task Force doesn't always pan out
into action. He said his decision is not political at all but it matches his beliefs.
RES LUTI N NO, 94-37
Membcr Barb Kallighor introduced the following resolution and moved its adoption, with
the subtraction of the overlaying procedure and addition of dates for completion of the work
of the Task Force for June and October:
RESOLUTION SELECTING INTERIM IMPROVEMENT AND STUDY OPTIONS FOR
HUMBOLDT AVENUE NORTH
The motion for the adoption of the foregoing resolution was duly seconded by member Celia
Scott. Voting aye: Councilmembers Scott, Kalligher, and Mann. voting nay: Mayor
Paulson and Councilmember Rosene. The motion passed.
Councilmember Scott suggested staff study the situation on Humboldt where pedestrians
cross to apartment homes. She said she is concerned about kids running across the street
and concerned about the setting of that stop sign.
The City Manager said staff would like to investigate that situation further, along with the
possibility of a stoplight.
There was a motion by Councilmember Scott and seconded by Councilmelnber Rosene not
to put in the stop sign at 67th Avenue North at this time but to study it further bccausc it
is important to the safety of all in the area. The motion passed unanimously.
Mayor Paulson said there should still be discussion on what levels of traffic should be
acceptable for Humboldt, but he stated it should take place at another time.
RESOUTI NS - (CONTINUED)
The City Manager presented a Resolution Authorizing the Transfer of Funds from the Drug
Forfeiture Fund for the Purchase of Police Department Items Requested.
2/28194 -18 -
Councilmember Kalligher stated she had this item removed from the consent agenda
because she thought the Police Department wanted the remaining balance to transfer to the
work station, but they need to come back with another request in order to do that.
The City Manager said the resolution does not include authorization of additional funding.
RESOLUTION NO. 94 -38
Member Barb Kalligher introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE DRUG
FORFEITURE FUND FOR THE PURCHASE OF POLICE DEPARTMENT ITEMS
REQUESTED
The motion for the adoption of the foregoing resolution was duly seconded by member Celia
Scott, and the motion passed unanimously,
The City Manager presented A Resolution Providing for Settlement of Claim and explained
this resolution means the City is not admitting liability.
RESOLUTION NO. 94 -39
Member Barb Kalligher introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR SETTLEMENT OF CLAIM
The motion for the adoption of the foregoing resolution was duly seconded by member Celia
Scott, and the motion passed unanimously,
ADJOURNMENT
Thcre was a motion by Councilmember Kalligher and seconded by Councilmember Rosene
to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City
Council adjourned at 11:04 p.m.
Deputy City Clerk Todd Paulson, Mayor
Recorded and transcribed by:
Kathy Stratton
TimcSaver Off Site Socrctarial
2128/94 - 19 -
CITY OF BROOKLYN CENTER Council Melling Daft 3l14/%
Agenda Iftm Number �+ Q a-"
REQUEST FOR COUNCIL CONSIDERATION
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
PROCLAMATION DECLARING APRIL 3 THROUGH APRIL 10, 1994, AS DAYS OF
REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
DEPT. APPROVAL:
aamx-wmitaf�(
Sharon Knutson, Deputy City Clerk
MANAGERS REVIEW/RECONEMENDATION. � =-
No comments to supplement this report Comments below /attached
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUNMARY EXPLANATION: (supplemental sheets attached )
RECOMMENDED CITY COUNCIL ACTION
Proclaim April 3 through April 10, 1994, as Days of Remembrance of the Victims of the Holocaust.
•
PROCLAMATION
DECLARING APRIL 3 THROUGH APRIL 10 1994 , AS
DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
WHEREAS, Six million Jews were systematically murdered by Nazi Germany and their
collaborators from 1993 to 1945, as well as hundreds of thousands of Sinti and
Roma (Gypsies) and the handicapped; millions of Poles, religious and political
dissidents, and those deemed by the Nazis to be "unworthy of life" were swept
into this abyss; and
WHEREAS, All citizens of the United States should remember the atrocities committed
by Nazi Germany and their collaborators and recognize that each of us must
remain vigilant against tyranny; and
WHEREAS, Friday, April 8, 1994, has been designated, pursuant to an Act of Congress,
as a Day of Remembrance of the Victims of the Holocaust, known
internationally as Yom Hashoah; and
WHEREAS, It is appropriate for the citizens of Brooklyn Center to join in this
commemoration with the United States Holocaust Memorial Museum, this
nation's center for learning and remembrance of the Holocaust.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State
of Minnesota, do hereby proclaim April 3 through April 10, 1994, as Days of Remembrance
of the Victims of the Holocaust in memory of those victims and in the hope that we will
strive, as a nation and individually, to overcome prejudice and inhumanity through
education, vigilance, and tolerance.
Date Mayor
Attest:
Deputy Clerk
CITY OF BROOKLYN CENTER Council Meeting Date a
3 /
Agenda Item Number C/ Q U
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
PROCLAMATION DECLARING APRIL 17 THROUGH APRIL 23, 1994, AS BROOKLYN
CENTER VOLUNTEER RECOGNITION WEEK
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
-GiEvolv
Sharon Knutson, Deputy City Clerk
************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * r te * * * *1k * * * * * * * * **
MANAGER'S REVIEW/RECOM MNDATION:
No comments to supplement this report Comments below /attached
SUNEVIARY EXPLANATION: (supplemental sheets attached )
RECOMMENDED CITY COUNCIL ACTION
Proclaim April 17 through April 23, 1994, as Brooklyn Center Volunteer Recognition Week.
•
�6
PROCLAMATION
DECLARIN 4 A
G APRIL 17 THROUGH APRIL 23, 199 , S
BROOKLYN CENTER VOLUNTEER RECOGNITION WEEK
WHEREAS, Volunteerism is an integral part of our great culture and heritage; and
WHEREAS, In Minnesota, more than two million volunteers of all ages annually
contribute volunteer service valued at $4.7 billion; and
WHEREAS, Volunteers make significant contributions to the quality of life in Minnesota
and through their efforts help to ensure a brighter future for our state; and
WHEREAS, Volunteerism promotes personal, social, and intellectual development of
young people and prepares them to become involved and responsible citizens;
and
WHEREAS, Individuals and groups volunteering at the local and state levels are making
their neighborhoods better places in which to live by providing support to
those in need, solving community problems, improving schools, helping people
with disabilities, and preserving the environment; and
WHEREAS, Volunteers are Minnesota's magic, and recognition should be given to our
dedicated volunteers who have demonstrated their commitment to the
betterment of our communities through the year.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State
of Minnesota, do hereby proclaim April 17 through April 23, 1994, to be Brooklyn Center
Volunteer Recognition Week.
Date Mayor
Attest:
Deputy Clerk
CITY OF BROOKLYN CENTER Council Meeting Date 3/14/94
Agenda Item Num Q
ber V c,
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
PROCLAMATION DECLARING APRIL 9, 1994 TO BE A DAY OF SPIRITUAL
REDEDICATION IN BROOKLYN CENTER
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
&W-4 — 4�
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECONEMENDATION:
i
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
RECOMMENDED CITY COUNCIL ACTION
Proclaim April 9, 1994, to be a Day of Spiritual Rededication in Brooklyn Center.
•
�c
PROCLAMATION
DECLARING APRIL 9 1994 TO BE
A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER
WHEREAS, In 1952, an event was inaugurated by the Christian Leadership groups in the
United States Senate and the House of Representatives; and
WHEREAS, The annual National Prayer Breakfast has become a time for the rededication
of the individual and the Nation to God; and
WHEREAS, Many states and local communities have sponsored similar events at the state
and local level; and
WHEREAS, A volunteer committee of concerned citizens have joined together as the
Brooklyn Center Prayer Breakfast Committee, Inc. to sponsor an annual
Brooklyn Center Community Prayer Breakfast for a similar rededication of
local community lead business representatives, our city, and its citizens to high
Judeo- Christian ideals; and
WHEREAS, The committee is planning the sixteenth annual Brooklyn Center Prayer
Breakfast on the 9th of April, 1994, at the Earle Brown Heritage Center; and
WHEREAS, The committee acknowledges the importance of our future leaders, the youth
of our community, and are placing a particular emphasis upon our youth; and
WHEREAS, Pat Hurley, nationally recognized television personality and youth speaker,
will address the breakfast on the theme "How To Like People Even Though
They Don't Deserve It."
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State
of Minnesota, do hereby proclaim that April 9, 1994, be designated as a Day of Spiritual
Rededication in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage
and join in quiet reverence and dedication; and that it calls upon the citizens of Brooklyn
Center, both youth and adult, to join hundreds of their neighbors and fellow citizens at the
Annual Prayer Breakfast on Saturday, April 9, 1994, at the historic Earle Brown Heritage
Center.
Date Mayor
Attest:
Deputy Clerk
CITY OF BROOKLYN CENTER Council Meeting Date 3 / y 9�
Agenda Item Number
do REQUEST FOR COUNCIL CONSIDERATION
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
Policy and Procedure Relating to City Contractual Services For Nonprofit
Organizations
DEPT. APPROVAL:
cklo_ N aAL4Z4
Charles Hansen, Finance Director
MANAGER'S REVIEW/RECONEVIENDATION:.
r <
' r
No comments to supplement this report
Comments below /attached
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUNEVIARY EXPLANATION: (supplemental sheets attached )
About a year ago, the City Council received a request for funding from
Coop Northwest. The City Council felt there should be a uniform way for
the City to receive and evaluate such requests. By state law, the City
isn't allowed to make direct contributions to non - profit organizations.
It may only contract with them for the provision of services to the City
or its residents in exchange for payment.
The City Council asked the Financial Commission to develop a policy to
guide the process of awarding contracts for services to nonprofit
agencies. To do so, the Financial Commission first looked at policies
which were already in use by the Human Rights and Resources Commission
and the Parks Commission. It found these to be good policies and made
only minor changes and additions to them. The new draft policy was
submitted back to the Human Rights and Resources Commission and the
Parks Commission and they each made some minor changes and additions.
The proposed policy before you is the result of the efforts of the three
commissions.
The Financial Commission concluded its work on this issue at its meeting
of February 15, 1994 and recommends the attached policy.
RECOMMENDED CITY COUNCIL ACTION
Review and discuss the attached policy for consideration and adoption as
a City Council Policy.
CITY OF BROOKLYN CENTER
0 POLICY AND PROCEDURE
RELATING TO CITY CONTRACTUAL SERVICES
FOR NONPROFIT ORGANIZATIONS
General
The City of Brooklyn Center is aware that there are many worthwhile nonprofit
organizations serving Brooklyn Center residents, and that such organizations are supported
primarily through public and private funding. Contractual services between such
organizations and the City of Brooklyn Center, when made, will be distributed in accordance
with this policy.
Purpose
✓ To develop an effective method for receiving and considering requests made to
the City of Brooklyn Center from nonprofit organizations.
✓ To maximize the benefits to the citizens of Brooklyn Center from the limited
resources available.
✓ To maintain objectivity and equity in granting contractual service requests.
✓ To provide a means of monitoring and responding to community needs and interests
that may change from year to year.
General Policy Guidelines
The Brooklyn Center City Council is responsible for determining whether financial or
in -kind contractual services will be made by the City to assist nonprofit organizations. The
City Council will consider the following guidelines in determining which nonprofit
organization(s), if any, receive contractual services from the City. This policy should not be
construed to obligate the City Council to provide financial or in -kind contractual services.
1. The City Council shall offer contractual services to nonprofit organizations for one
year, with the option for contractual services after review and approval by the City
Council on an annual basis. All requests for contractual services must be submitted
to the City by June 1 for consideration for the following fiscal year (January 1 to
December 31).
2. The City Council will give high priority to contractual services to organizations which
can demonstrate that the contractual services are used to provide services to Brooklyn
Center residents.
3. Contractual service requests will normally be considered in relation to existing City
commitments and the target populations served.
March 1994 - 1 -
4. The City Council may request proposals from a variety of alternative sources.
S. Preference will be given to organizations which:
a. Have taken affirmative efforts to raise funds to support their efforts.
b. Demonstrate in their budgets that there is a continuing concentration on
minimization of administrative and overhead costs.
c. Cannot be effectively or fully funded through other sources.
d. Sponsor programs which have verifiable benefits to the community at large; for
example, programs that enhance the effectiveness of City programs.
e. Make effective use of volunteer skills and in -kind contributions to reduce the cost
of program /service delivery.
6. Final approval of requests are subject to the City's public hearing and budget approval
process.
Contractual Service Request Guidelines
The completion of the following procedures is the responsibility of the City Council.
1. A letter specifying the required information for consideration for contractual services
and the deadline for application will be sent to the organizations which have previously
provided contractual services to the City. This information will be available to other
interested parties upon request.
2. All written requests for contractual services must be submitted prior to June 1 for
consideration for the following fiscal year (January 1 to December 31). An application
for contractual services form must be filled out completely and submitted as part of
the written request.
3. The City Council may request an oral explanation of the written request from each
applicant.
4. The City Council may designate an appropriate City advisory commission to research
and monitor groups requesting and /or receiving City contractual services. At the
request of the City Council, the designated commission shall monitor and /or evaluate
the requesting organization by methods available at the time of assessment.
5. City staff may make contractual service recommendations to the City Council based
upon use of the evaluation form for requests.
March 1994 - 2 -
EVALUATION FORM FOR CONTRACTUAL SERVICES
CITY OF BROOKLYN CENTER
City Commission Conducting Evaluation:
Date of Evaluation:
Applicant Organization /Program /Agency Name:
Address:
City, State, Zip
Contact Person:
Phone Number:
Date Application Submitted:
Budget Year Requested:
Score each statement based on the maximum points listed in parentheses next to each item.
The higher the score, the more the actual request is equated to the statement. A total of
100 points is possible. For Y/N responses, select Y for yes or N for no.
A. PROGRAM OVERVIEW 20
(Y /N) L The application and supporting documents were submitted in a
timely fashion for inclusion in the annual budget.
(5) 2. The applicant has a realistic view of its resources and the
organization is limited to its level of competence. The
applicant indicates the availability of an effective staff, if
applicable.
(5) 3. The applicant has demonstrated the ability effectively to reach
its target/ demographical and geographical areas.
(5) 4. The methodology employed to measure the organization's
effectiveness is effective, clear, and concise.
B. BUDGET (30)
(10) 1. The total amount requested from the City of Brooklyn Center
is reasonable given the overall organization's budget.
(10) 2. The budget request is reasonable given the objectives of the
proposal for the contractual services.
(10) 3. The administrative and program service costs are in reasonable
balance.
(Y /N) 4. The use of volunteers is reasonable and cost effective.
(Y /N) 5. Other funding sources have been explored.
C. COMMUNITY NEED (35)
(10) 1. The applicant is meeting an important community need.
(10) 2. The extent of this service does not overlap with services
provided elsewhere in the community.
(15) 3. The number of Brooklyn Center residents served is high in
relation to the amount requested.
D. ORGANIZATION NEED (20)
(10) 1. The program is not viable without local government support.
(5) 2. There are few, if any, alternate sources of funding available to
the applicant.
(5) 3. The organization's request does not create an ongoing demand
for funding in future budgets.
TOTAL SCORE
March 1994
APPLICATION FOR CONTRACTUAL SERVICES
CITY OF BROOKLYN CENTER
is (FOR NONPROFIT ORGANIZATION /PROGRANI /AGENCY)
Date Submitted:
(Deadline is June 1 for consideration for the following fiscal year, January 1 to
December 31.)
Applicant Organization /Program /Agency Name:
Address:
City, State, Zip -
Phone Number:
Contact Person:
PROGRAM OVERVIEW
1. Generally describe the organization, including its mission, date established, services, and
goals.
2. Explain the areas of expertise of the organization, including a description of the range
of staff capability.
3. Describe the target group for services of the organization.
_1_ March 1994
4. Describe how the organization is marketed, and to what geographical and
demographical areas.
S. Discuss the methodology employed in measuring the effectiveness of the organization.
BUDGET
Current Budget Yr. Requested
Year — Actual Budget Year
DOLLAR AMOUNT REQUESTED FROM CITY $ $
TOTAL ORGANIZATION BUDGET $ $
CITY AMOUNT AS % OF TOTAL BUDGET % %
o OF TOTAL BUDGET UDGET FOR OVERHEAD
AND ADMINISTRATION COSTS % %
6. List specific secured and anticipated sources of contributions available to the applicant.
SECURED (S)
OR
SOURCE AMOUNT ANTICIPATED (A)
7. List all other funding organizations explored and the outcome.
_2_ March 1994
S. List in -kind items requested from the City.
9. Describe use of all in -kind contributions, and include estimated value of each in -kind
contribution.
10. a. Describe use of volunteers.
b. Describe how the use of volunteers affects or reduces your budget.
CONLVWNITY NEED
11. Explain the community need for the proposed service.
12. Explain the community benefits including what you do for groups with special needs in
the proposed service (if applicable).
-3- March 1994
13. Describe how Brooklyn Center benefits from the services provided.
14. a. Discuss possible alternative sources for those services available within the
community.
b. Describe why those alternative services are not fulfilling the current needs.
15. State the total numbers of people from all communities who participate or receive
direct benefits, and describe how these numbers were determined.
PROJECTED TOTAL
TOTAL SERVED TO BE SERVED
LAST YEAR NEXT YEAR
16. a. State the numbers of residents from Brooklyn Center only who are served, and
describe how these numbers were determined.
PROJECTED TOTAL
TOTAL SERVED TO BE SERVED
LAST YEAR NEXT YEAR
b. What percent of the total residents served are from Brooklyn Center?
-4- March 1994
ORGANIZATION NEED
17. What would be the consequences to your organization of not receiving the amount
requested?
The following supporting documentation must accompany this application. If any item is
not enclosed, please explain why not.
1. Financial statement for the preceding fiscal year.
2. Proposed budget for the upcoming fiscal year.
3. Data (backup documentation) substantiating the need for this service in Brooklyn
Center.
4. Proof of nonprofit status.
5. List of current Board of Directors.
6. Job descriptions and resumes of key personnel.
7. Statistical or other data measuring effectiveness of the organization.
Signature Date
Title
-5- March 1994
CITY OF BROOKLYN CENTER Council Meeting Date 03 -I4-94
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
DISCUSSION ITEM - BROOKDALE AREA DRAINAGE STUDY
DEPT. APP OV
W
Mzk Malo y, City Engineer
MANAGER'S REVIEW/RECOMMENDATION:),/
No comments to supplement this report Comments TOw /attached
PP P �.
SUMMARY EXPLANATION: (supplemental sheets attached Yes
Last summer, the city accepted a proposal from the consulting engineering firm of
Short - Elliott- Hendrickson, Inc. (SEH) for the preparation of a specialized storm
water study for the greater Brookdale area. The major storm water concerns and
drainage issues identified include:
- It is inevitable that either Brookdale or the adjacent commercial area
will contemplate expansion or renovation which will trigger Watershed
requirements for treatment of storm runoff. It is to the benefit of
both the City of Brooklyn Center and Brookdale to be proactive with
regard to an acceptable approach for dealing with these requirements.
- Past discussions with the City of Minneapolis have indicated a potential
for jointly restoring a degraded wetland located south of Centerbrook
Golf Course, and utilization of the area at least in part for the
treatment of runoff prior to discharge into the creek.
- Other drainage facilities (Northport "lake ", ponds at golf course, on-
and off -site detention basins for Brookdale) have been identified as
possible opportunities for providing water quality enhancements for the
area.
The scope of this study was essentially to examine what type of water quality
enhancements would be feasible and appropriate for the larger Brookdale area. It
is important to note that the scope of SEH's work did not include detailed
analysis or appraisals of the potential land acquisition costs. This financial
analysis, we believe, will ultimately be essential to working out an approach
that will be mutually agreeable to Brookdale and the cities of Brooklyn Center
and Minneapolis.
SEH has completed the study, and a representative of their firm is scheduled to
make a presentation. A copy of the Study is attached for reference.
® RECOMMENDED CITY COUNCIL ACTION
It is recommended that the Council formally receive the Study as prepared by the
consulting firm SEH, Inc. and direct staff to further define the cost components
of the contemplated improvements.
•
w
CITY OF BROOKLYN CENTER eameil Meeting new 3 /14/%
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
STAFF RECOMMENDATION FOR LAW FIRM TO REPRESENT THE CITY OF
BROOKLYN CENTER IN CIVIL MATTERS
DEPT. APPROVAL:
p ull moore-Sykes, A strative /Personnel Assistan'
MANAGER'S REVIEW/RECOM MNDATION: 2( _; f
No comments to supplement this report. Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
• STAFF RANKING OF LAW FIRMS:
1. Holmes & Graven, Chartered
2. Carson and Clelland
3. Popham, Haik, et. al.
4. Bama, Guzy & Steffen
5. Sweeney, Borer & Ostrow
HOLMES & GRAVEN, CHARTERED
Based on the oral interviews and firm presentations, the staff panel (City Manager, Finance
Director, Community Development Director and Acting Assistant City Manager) unanimously
chose the law firm of Holmes & Graven as the firm best qualified to represent the City of Brooklyn
Center in all civil law matters as it relates to providing legal services to the City of Brooklyn
Center.
• Holmes & Graven is a full- service municipal civil law firm. They handle all civil law
matters, including labor /employment law, tax increment financing, bond financing,
redevelopment, zoning, code enforcement, etc., which are issues that are at the very
forefront of what Brooklyn Center is dealing with.
• Holmes & Graven reports that eighty percent (80 %) of their business is the
representation of the public sector and, as such, they rarely have conflicts of interest.
This represents a major commitment by Holmes & Graven to the area of civil law where
they are recognized by many firms as experts. In addition to being the city attorneys for
several cities, they also represent approximately 100 others as special counsel because
the respective city attorneys have conflicts of interest or lack the required level of
expertise to adequately represent their client. If Brooklyn Center should select another
law firm as its counsel, chances are Holmes & Graven will be used as an outside counsel
in several specialized areas of civil law, especially in zoning, land use, bond financing,
tax increment financing and employment /labor law.
• This law firm has many years of experience with Brooklyn Center. In retaining them as
the City's civil law counsel, there would be no loss in continuity in the provision of
service. If Brooklyn Center chose to hire another firm, it would be a costly transition,
consuming a large amount of the City's money, project time and staff time in bringing
a new firm up to speed on various issues. This is an especially important factor because
Brooklyn Center, in the last two years has lost, through retirement and resignations, four
senior experienced managers (Police Chief, Finance Director, Public Works Director and
Assistant City Manager).
• The firm has enjoyed and continues to enjoy a good working relationship with staff in
all of the City's departments.
• Holmes & Graven has a good record of providing quality and timely service for all types
of legal work.
• Holmes & Graven is completely committed to alternate dispute resolution and mediation
as it is less expensive and offers a more appropriate forum to settle differences. This
is in line with the City's philosophy of supporting mediation services. Mr. LeFevere
chairs the Board of the Mediation Center and has authored the Mediation Handbook.
Holmes & Graven has been involved in much of the legislation that is initiated and
developed in this area.
• • This firm has a zoning and related land -use law staff. Two members of this department
also have master's degrees in urban planning. They have demonstrated their expertise
in number of precedent- setting cases this area of civil law to the point that other firms
use them when dealing with zoning or land -use litigation.
• Martindale - Hubbel, a legal service rating firm, gives Holmes & Graven the highest rating
that a law firm can achieve. In January, 1994, The American Research Association
found that in the category of urban, state, and local government law, the top rated five
percent of attorneys practicing in this specialty selected Charles LeFevere, Jim
Thompson and Dave Kennedy as the individual attorneys that they would refer clients
to.
• Holmes & Graven's philosophy regarding city representation is to head off problems
before they occur. By being pro- active in their approach in providing representation,
they feel they can save money for the City. They can also save the City money because
of the number of years of experience that Holmes & Graven brings to the City of
Brooklyn Center, both individually and collectively.
• Legal fees for Holmes & Graven for the last five years have been kept to about $40,000
a year. Their proposed fee schedule is $100 per hour for general civil law matters and
$105 per hour for matters that go to litigation. This fee structure is competitive with
other law firms practicing civil law.
CARSON AND CLELLAND
• Carson and Clelland is a law firm in Brooklyn Center of four lawyers with practices in
municipal civil law and represents a number of smaller suburban communities and does
prosecution work for the City of Brooklyn Center and others. This firm is capable of
handling the needs of Brooklyn Center in most areas, with the exception of the bond
financing area and has less experience than other firms in the area of tax increment and
redevelopment projects.
• Carson and Clelland reports that fifty percent (50 %) of their business is in representing
the public sector, and, while this firm does not have the commitment to the public sector
law that others have, it is a significant percentage of their work and their expertise.
When other law firms have conflicts, their firm is often contacted to handle those
municipal civil law situations for other communities. Their strength appears to be
largely in municipal civil law, zoning, and employment /labor law and prosecution.
• This firm currently handles the prosecution work for the City of Brooklyn Center.
Members of this firm enjoy the respect of those staff members they work with, and the
quality of their work is excellent, timely and professional.
• Carson and Clelland indicated they used mediation or other alternative dispute
resolution processes, but did not seem to have quite the involvement in these processes
as other firms. Mr. Clelland has served as an arbitrator and has encouraged the use of
mediation in "neighborhood dispute resolution ".
• • If chosen, this firm indicated they would hire additional personnel, if needed, to
supplement their work in the private law practice area, and Mr. Carson would take the
lead In representing Brooklyn Center with Mr. Clelland supporting. Carson and Clelland
stated their philosophy of representing the City would be a pro- active one in terms of
trying to head off problems before they occur. They believe it is important to have
attorneys involved in the early stages of potential problems, as this approach would save
money in the long run. This philosophy matches Brooklyn Center's philosophy, which
has been in place for many years.
• Carson and Clelland's proposed hourly rates are $70.00 per hour. This rate is lower
than the rate of Holmes & Graven and others listed, but the City would have to go
outside for bond counsel and those hourly rates are generally more expensive, although
it would appear that the hourly rates for Carson and Clelland could represent an overall
lower legal service cost for the City. The disadvantage of this firm is that we would have
to go outside for specialized services such as bond counsel, and the size of the firm
would not provide as much backup as a firm such as Holmes and Graven, Popham, Haik
and Barna, Guzy and Steffen.
POPHAM, HAIK, et. al.
• Popham, Haik offers the services of a full- service municipal civil law firm similar to
Holmes & Graven's services. They are a larger firm with a smaller group of that firm
• specializing in municipal civil law.
• While they report approximately six percent (6 %) of their overall business is in the
municipal civil law area, because of the size of this firm that still represents a substantial
commitment and level of service to the municipal civil law area. Mr. Sheehy and Mr.
Parker represented this firm at their interview. Mr. Sheehy indicated he would be the
lead attorney for the firm in Brooklyn Center with support from Mr. Parker and others
in the firm. Because this firm has a substantial private practice, there is the possibility
• of this firm having the potential for more conflicts between the municipal service arm
of their firm and the private law side of their firm in representing clients. Staff is
assured by their experience in St. Louis Park that they have handled this area and
potential conflicts effectively.
• This firm offers full services in bonding, redevelopment activity (EDA, HRA) and
redevelopment financing service mechanisms. They are a full - service firm capable of
handling all of the services the City needs, similar to the Holmes & Graven firm.
This firm, by their own admission, is not as strong as Holmes &Graven in the tax
increment financing and bonding areas, but is probably stronger and has had more
experience in the environmental law area, especially due to their involvement in St.
Louis Park with the Riley tar pits contamination lawsuits.
• This law firm also demonstrates a significant commitment in the area of alternative
dispute resolution, such as mediation and other mechanisms. Members of their firm are
very active in support of the alternative dispute resolution processes.
• Popham, Haik employs a total of approximately 230 lawyers with the public sector
practice group of approximately 12 -15 lawyers in this area.
• The fee structure for Popham, Haik is higher than that of Holmes & Graven and Carson
and Clelland and their general practice rate is $115 per hour with a cap of $75,000, but
does not include finance or bond work, site specific environmental work or advisory to
committees or commissions, nor does it include comprehensive rezoning. Because of this
factor, it would virtually assure that our legal costs would rise somewhat.
BARNA, GUZY AND STEFFEN
• This law firm has significant experience in the area of representing inner ring type
suburbs and its experience level is similar to that of Popham, Haik and not as great as
Holmes & Graven. This firm represents the City of Fridley, a suburb nearly identical
to Brooklyn Center in its size and configuration. They also represent the City of St.
Francis and the EDA /HRAs of Columbia Heights and Fridley.
• This firm has a significant commitment of their business to the municipal civil law area,
though not as great as Holmes & Graven, but more than Popham, Haik.
• This firm does not provide services in the area of bond counsel for the communities they
serve. They stated they had worked frequently with Holmes & Graven in this area.
• This firm, while possessing quality experience in a wide range of municipal civil law
matters, appears to be exceptionally strong in the area of labor and employment law and
• represents the cities of Coon Rapids and Maple Grove in this area.
• This firm also acknowledges significant meaningful support for alternative dispute
resolution processes as members of the firm have served for a number of years on ADR
committees.
• A member of this firm has also served on the Minnesota Pollution Control Agency board
for five years, and served two years as its chair. Through its work in Anoka County with
landfill problems, it has a significant amount of experience in the environmental law
area.
• This firm also has a high rating by the Martindale - Hubbel rating service. The firm is
composed of 26 lawyers and has significant experience in the area of personnel and labor
law and environmental law. Mr. Steffen, a member of this firm, has previously served
as Anoka County manager and brings considerable experience and expertise to the firm
in this area.
• This firm's hourly rate is $75.00 per hour for the primary attorney, senior attorney is
$85.00 per hour and associate attorney is $75.00 per hour. Fixed fees are guaranteed
until January, 1995. This firm is considered by staff committee as being very close in its
ranking to Popham, Haik. It does not have internal expertise in the bonding area, but
does have expertise in all other areas.
SWEENEY, BORER & OSTROW
• This is a five member law firm that practices primarily in the area of municipal civil law.
This firm currently represents the City of Blaine and, until recently, represented the City
of White Bear Lake. It has significant experience in the municipal public law area,
though not as extensive as the other law firms interviewed.
• • The firm has handled and works with HRA and EDA issues on a regular basis.
However, it does not possess the depth of experience other law firms interviewed
possessed.
• This law firm does not have the internal services of bond counsel and we would have to
go to another firm for that service.
• This firm also possesses a significant commitment to alternative dispute resolution and
has used mediation extensively.
• This firm possesses significant strength in the area of environmental law as they have
handled a number of litigation situations for the City of Blaine regarding the Oak Grove
landfill and others. They have also been involved in lobbying in this area in Washington
and at the state level.
• The hourly rate for this firm is $85.00 per hour.
City Council asked the City staff to interview the five above mentioned law firms out of a total of
13 who submitted RFPs. Our instructions were to rank those law firms in terms of staff's view of
their capabilities and the above paragraphs describe our preferences and recommendation. It is
my understanding that it is Council's wish to take all or part of this group of law firms and set up
e interviews before the City Council as a whole.
CITY OF BROOKLYN CENTER Council Meeting Date 3114/%
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
UPDATE ON STATUS OF HUMBOLDT AVENUE PETITION
DEPT. APPROVAL:
Gerald G. Splinter, City Manager
MANAGER'S REVIEW/RECOAUdENDATION:
No comments to supplement this report Comments below /attached
SUIVIrVIARY EXPLANATION: (supplemental sheets attached )
As previously reported to the Council last week, a citizen from Humboldt Avenue requested the
City staff prepare a petition for circulation on Humboldt Avenue asking the residents their support,
opposition, or no opinion for a 1994 construction project on Humboldt Avenue, 30 foot wide, no
assessments, no parking, State Aid financed, with the amenities package of plantings, additional
lighting, and the undergrounding of overhead utility wires. We sent a copy of the petition out to
the citizen requesting it and asked him to try and return the results of the petition by Wednesday
evening, March 9. We have since learned the petition process was slightly modified. Residents
circulated a petition with the same wording but in single petition form for each resident on
Humboldt to mail back their signed petitions indicating their preferences to Brooklyn Center City
Hall. The result is at this time, we have only received a few of the petitions. We will update the
Council on Monday night regarding the status of receipt of the mailed in petitions. We will make
copies of those petitions received by Friday, March 11, 1994, and make a special delivery to your
residence.
CITY OF BROOKLYN CENTER Council Meeting Date
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AWARDING VARIOUS CITY INSURANCE CONTRACTS
DEPT. APPROVAL:
Charles Hansen, Finance Director
MANAGER'S REVIEW/RECOMMENDATION:
r
(i
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
Attached is a resolution which will authorize renewal of the following insurance contracts:
Comprehensive Municipal Property and Casualty Insurance
Worker's Compensation Insurance
Boiler and Machinery Insurance
Accident Plan for Volunteers
The resolution also will, if the City Council desires it, give the City insurance protection for the first
time for defense against lawsuits alleging open meeting law violations.
The resolution also will renew annual contracts with the City's insurance agent and risk
management consultant. The City has an agreement with BHK &R Insurance Agency for agent
services on a flat "fee for services" basis rather then paying BHK &R a commission based on
premiums. BHK &R Insurance Agency has agreed to extend its contract to January 1, 1995 at no
increase in the fee of $8,600. American Risk Management, Inc. has also agreed to extend its
contract to February 28, 1995 at no increase in its fee of $5,340.
Premiums for property and casualty insurance have increased substantially for several reasons.
First of these is that insurance rates have been increased due to a larger number of claims against
our insurance in 1993 than in earlier years. Second is that the City's expenditure levels will be
higher in 1995. Third is that staff re- evaluated and increased the values placed on City buildings
in the policy. The rates are multiplied against the expenditures and building values to determine
the premiums for the property and casualty insurance premiums. The resolution also proposes to
transfer money from the contingency account to the insurance premium accounts to cover these
increases.
It should be noted that the City has received dividends back from the LMCIT in each of the last
seven years. We expect to receive one again in 1994, but the LMCIT has told us to expect it to
be smaller because of a change in the way they calculate their premiums.
Good news comes in the area of worker's compensation insurance. The 1993 estimated total
premium was $257,702. For 1994 this has been reduced to $179,482 in spite of increased payrolls.
This is due to substantially fewer worker injuries during the last three years, compared to earlier
years. The $78,220 savings is spread across the General and Enterprise funds, but we were able
to reduce the 1994 General Fund Budget by $50,000 on the basis of these savings.
The attached spreadsheet provides more detail on the City's insurance premiums.
RECOMMENDED CITY COUNCIL ACTION
Passage of the attached resolution awarding city insurance contracts.
CITY OF BROOKLYN CENTER
INSURANCE CONTRACTS FOR 1994
1994 1993 Percent
Net Net Increase Increase
COVERAGE Premium Premium (Decrease) - Decrease
Comprehensive Municipal Property & Casualty
Property $28,117 $21,982 $6,135 27.91%
Inland Marine 3,350 4,047 (697) - 17.22%
Miscellaneous equipment on vehicles 1,111 0 1,111
General Liability 162,974 134,626 28,348 21.06%
Automobile liability 14,576 15,591 (1,015) -6.51%
Automobile Physical Damage 10,015 10,783 (768) -7.12%
Bonds 5,521 5,560 (39) -0.70%
Money & Security 875 876 (1) -0.11%
------- - - - - -- ------- - - - - -- ------- - - - - -- ------- - - - - --
Total Property & Casualty 226,539 193,465 33,074 17.10%
Worker's Compensation 179,482 257,702 (78,220) - 30.35%
Boiler & Machinery 4,823 3,215 1,608 50.02%
Accident Plan for Volunteers 2,175 2,175 0 0.00%
Open Meeting Law Defense 2,445 2,445
------- - - - - -- ------- - - - - -- ------- - - - - -- ------- - - - - --
TOTAL $415,464 $456,557 ($41,093) -9.00%
- - - - - -- - - - - - -- - - - - - -- - - - - - --
------- - - - - - -- - - - - - -- - - - - - --
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AWARDING VARIOUS CITY INSURANCE CONTRACTS
----------------------------------------------------
WHEREAS, the Director of Finance and the City's Insurance
Agent have negotiated annual renewal premiums for the City's
comprehensive municipal property and casualty, liquor liability,
boiler and machinery, and workers' compensation insurance coverage
for the period from January 1, 1994 to January 1, 1995 and they are
as follows:
1. Comprehensive Municipal Property and Casualty Insurance
from the League of Minnesota Cities Insurance Trust
(LMCIT):
Property $ 28,117
Inland Marine 3,350
Misc Equipment on Vehicles 1,111
General Liability 162,974
Automobile Liability 14,576
Automobile Physical Damage 10,015
Crime 875
Bonds -- - 5,521
Estimated Total Annual Premium $226,539
2. Workers' Compensation Insurance from the League of
Minnesota Cities Insurance Trust (LMCIT):
Total Annual Estimated Premium $179,482
3. Boiler and Machinery Insurance from the Hartford Steam
Boiler Inspection & Insurance Company:
Total Annual Premium $ 4,823
4. Accident Plan for Volunteers
Total Annual Premium $ 2,175
5. Open Meeting Law Defense
Total Annual Premium $ 2,445 and
RESOLUTION NO.
WHEREAS, Brandow Howard Kohler & Rosenbloom, Inc. (BHK &R)
has been the City's insurance agent since January 1, 1990 on a
fee - for - services basis, has provided good agent services to the
City of Brooklyn Center, and wishes to extend the agreement for
services or another year; and
WHEREAS, American Risk Services, Inc. has been retained
as the City's insurance consultant since June of 1988 on a contract
for services, has provided good consulting services to the City of
Brooklyn Center, and wishes to extend the contract for consulting
services for another year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center to:
1. Accept the negotiated insurance renewals and award the
contracts as stated.
2. Designate the Brandow, Howard Kohler & Rosenbloom, Inc.
(BHK &R) Agency as the agent of record for said insurance.
3. Renew the fee - for - services contract as City insurance
agent with BHK &R for the period of January 1, 1994
through December 31, 1994 at an annual fee of $8,600.
4. Renew the contract for consulting services with American
Risk Services, Inc. for the period of March 1, 1994
through February 28, 1995 at an annual rate of $5,340.
5. Reduce the appropriation in the Contingency Account in
the Unallocated Department by $38,200.
6. Increase the appropriations for insurance premiums in the
Unallocated Department as follows:
Liability insurance $35,500
Property insurance 1,100
Boiler & Machinery insurance 1,600
$38,200
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 March 14, 1994
Agenda hem Number Al b
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1)
SIXTEEN -FOOT (16') ROTARY MOWER WITH ROPS CAB
DEPT. APPROVAL:
Karla K. Wickre, Deputy City Clerk
MANAGER'S REVIEW/RECO ; NDATION:
r
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
An appropriation in the amount of $63,900 was approved in the 1994 central garage internal service
fund budget for the parks department to purchase one 16 -foot rotary mower with ROPS cab. On
February 14, 1994, the City Council approved specifications and authorized advertisement for bids
for one 16 -foot rotary mower with ROPS cab. Two bids were received on March 2, 1994.
I recommend acceptance of the bid from MTI Distributing Company in the amount of `$62,699.
RECOMMENDED CITY COUNCIL ACTION Approval of Resolution Accepting Bid and
Authorizing the Purchase of One (1) Sixteen -Foot (16') Rotary Mower with ROPS Cah.
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AUTHORIZING THE
PURCHASE OF ONE (1) SIXTEEN -FOOT (16') ROTARY MOWER
WITH ROPS CAB
WHEREAS, an appropriation was approved in the 1994 budget for the
purchase of One (1) Sixteen -Foot (16') Rotary Mower with ROPS Cab; and
WHEREAS, $63,900 was originally appropriated for the purchase of One (1)
Sixteen -Foot (16') Rotary Mower with ROPS Cab; and
WHEREAS, two bids were received as follows:
Company Bid
MTI Distributing Company $62,699
Reinders, Inc 63,794
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the purchase of one (1) Sixteen -Foot Rotary Mower with ROPS
Cab from MTI Distributing Company in the amount of $62,699 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 OF BROOKLYN CENTER Council Meeting Datc March id. 1994
Agenda Item Number 4
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT
FOR BIDS FOR THE PURCHASE OF ONE (1) TRAILER - MOUNTED POTHOLE PATCHER
DEPT. APPROVAL:
Karla K. Wickre, Deputy City Clerk
MANAGER'S REVIEW /RECOMMENDATION: ,'• ''�
t
No comments to supplement this report Comments below /attached
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SU EVIARY EXPLANATION: (supplemental sheets attached Yes )
An appropriation in the amount of $31,740 was approved in the 1994 central garage internal service
fund for the street department to purchase one trailer - mounted pothole patcher. Attached are the
specifications for this pothole patcher. If the specifications are approved, an advertisement for bids
would be placed in the Sun -Post, and bids would be opened on April 6, 1994, at 11:00 "A.m.
RECOMMENDED CITY COUNCIL ACTION Approval of Resolution Approving Specifications
and Authorizing Advertisement for Bids for the Purchase of One (1) Trailer- Mounted Pothole
Patcher.
/De,
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1)
TRAILER- MOUNTED POTHOLE PATCHER
BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Brooklyn
Center that the specifications for the purchase of one (1) trailer - mounted pothole pitcher
are hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise for and receive bids for the purchase of one (1) trailer- mounted
pothole patcher in accordance with said specifications.
Date Todd Paulson, Mavor
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.
CALL FOR BIDS FOR
ONE (1) TRAILER - MOUNTED POTHOLE PATCHER
Sealed proposals endorsed with the title of the equipment and the bidder's name will be
received at the office of the City Clerk of the City of Brooklyn Center, Hennepin County,
Minnesota, up to 11:00 a.m. on Wednesday, April 6, 1994, at which time bids will be opened
and read.
The equipment to be furnished consists of the following as called for in the specifications:
One (1) Trailer - Mounted Pothole Patcher
Proposed forms of contract documents, including the forms and specifications therefore, are
on file in the office of the City Clerk of the City of Brooklyn Center, Minnesota, where they
may be examined. Specifications and proposal blanks may be had for the contractor's
individual use by applying to the City Clerk.
No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids
without the consent of the City.
Bids must be made on the basis of cash payment for the equipment. No bids will be
considered unless sealed and filed with the City Clerk prior to the closing time for receiving
. bids.
The City Council reserves the right to waive any informalities in any bids received and reject
without explanation any or all bids received.
Mailed bids should be addressed to:
City Clerk
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
By order of the City Council
K. K. Wickre, Deputy City Clerk
Date: March 15, 1994
(Published in the Brooklyn Center Sun -Post March 23, 1994)
•
i
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MN 55430
MARCH 15, 1994
• PROVISIONS AND SPECIFICATIONS
FOR
ONE (1) TRAILER - MOUNTED POTHOLE PATCHER
BID OPENING: APRIL 6, 1994
11:00 A.M.
•
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
PROVISIONS AND SPECIFICATIONS FOR
ONE (1) TRAILER- MOUNTED POTHOLE PATCHER
1. GENERAL
All bids must be received at the office of the Deputy City Clerk on or before 11:00 a.m.,
Wednesday, April 6, 1994, and shall be submitted on the enclosed proposal form in a
sealed envelope plainly marked "Bid for Trailer - Mounted Pothole Patcher ".
It is understood that the City Council reserves the right to reject any or all bids, to waive
informalities and to award the contract in the best interest of the City.
The pothole patcher proposed and delivered to the City of Brooklyn Center shall be
complete in every respect and ready for operation in accordance with these
specifications, with certificates of service and inspection submitted at the time of
delivery.
Manufacturer's reference, trade name, brand, or description mentioned in this proposal
are descriptive but not restrictive and used only to indicate type and standard of material
of equipment desired.
Catalog information showing make, model, and complete specifications of the pothole
patcher the bidder proposes to furnish shall accompany the vendor's bid. Insufficient
descriptive information shall be cause for rejection of the bid.
The bidder must give assurance to the City of Brooklyn Center in regard to patent
infringements and in case of suits against the City by other parties. He must defray all
costs in connection with such suit and save the City harmless in all such actions.
2. BID SECURITY
Proposals shall be accompanied with a five (5) percent bidder's bond, cash deposit,
certified or cashier's check made payable to the City of Brooklyn Center and shall be a
guaranty to provide equipment as specified and to enter into an agreement with the City
for the pothole patcher.
3. GUARANTY
The bidder shall guarantee this equipment as to the specified capacity and satisfactory
performance and to be free of defects in design, materials and workmanship. All
defective parts and material shall be replaced free of cost to the City of Brooklyn
Center, including labor for a period of two (2) years from date of delivery.
S 4. CONSIDERATION OF BIDS
The availability of adequacy of parts and service, and the costs of operation and
maintenance of this equipment are all important factors which the City of Brooklyn
Center will consider in making the award of contract.
No prequalification requirements are specified herein. However, each bidder shall
submit written statements with his bid which provide the following information.
1. Length of time this manufacturer has been manufacturing Pothole Patchers.
2. Length of time the dealer has been handling this product line.
g g P
3. Number, location and ownership of all comparable units in service in
Minnesota, or in dealer's service area: (for usage by the City in checking
references).
4. Description of parts and service availability for this machine from the
dealer and from the manufacturer.
Following opening f id h m require the bidder to submit such
o the bids, the City a e
g P g Y Y q
additional information as may reasonably be required in order to evaluate the
proposed bid for the benefit of the City.
In addition, the City of Brooklyn Center reserves the right to consider the previous
performance of both the dealer and the manufacturer relating to the parts and service
records to the City of Brooklyn Center as related to other City -owned equipment.
5. DELIVERY DATE
The successful bidder shall schedule delivery to the City of Brooklyn Center for the
earliest date possible.
6. AWARD
Award of contract by the City of Brooklyn Center will be based on, but not
necessarily limited to the factors of price, delivery date, parts and services; as well as
analysis and comparison of specifications and performance. Because the maintenance
of this equipment in good operating condition without down time for repairs is very
important, it is essential that repair parts and service be adequate and readily
available. The bidder shall state clearly in his proposal the location in the Metro area
where parts and service facilities are available. Included in the final bid award
determination will be a performance evaluation based on City experience and
experience of others with similar equipment as to the past performance of the bidders
to determine the best parts and service facilities available.
i
7. EXCEPTIONS
Exceptions to any item or part of these specifications shall be submitted in writing one
week prior to bid opening. None will be accepted after this date. It shall be the
responsibility of the bidder to furnish proof that the exceptions or substitutions are
equal or superior to the specifications. This may require demonstration, travel to
existing machines and locations for demonstration and viewing of such substitute
proposal items. This is to be accomplished at no expense to the City of Brooklyn
Center.
SPECIFICATION FOR TRAILER MOUNTED POTHOLE PATCHIER
This unit shall be combination of the latest production models as currently advertised meeting
the terms of this Specification. Furnish all standard equipment advertised whether or not
specifically called for except where over standard or conflicting equipment is specified. This
unit shall be complete with all equipment needed for immediate use, shall function as listed
below, and shall meet applicable codes and standards.
FUNCTION
• Transport Asphalt material at highway speeds.
• Conveniently distribute asphalt for patching potholes.
• Function and transport without undue risk to the operators, motorists or bystanders.
• Function as specified in Performance Test Section of this Specification.
BODY/PATCHER
• Hopper shall have a four (4) tons of bituminous minimum capacity.
• Hopper shall have hydralically operated insulated doors.
• The unit shall be equipped with a solvent flush tank with 12 volt DC electric pump
for tool cleaning. Unit with 12 volt DC electric pump for tool cleaning. Unit shall
have a flame out of control to automatically stop the burner when solvent pump is
operating. Furnish with minimum five (5) gallon solvent tank, spray wand and hose
reel.
• The body shall be insulated to an R value of 11 and form a heat retarding shield (do
not install Tack Tank).
HEATING SYSTEM
• Unit shall be equipped with a heating capacity not to exceed 100,000 BTU's /hour
input by two independently controlled 50,000 BTU infrared propane gas burners.
• Control system shall incorporate a burner temperature control, flame -out, automatic
re- ignition, 12 volt D.C. on board electric system, electric ignition systems, all valves
and regulators.
•
• On board 12 volt battery charging system shall be provided to operate on 120 volt
AC.
• The unit shall be equipped with veneer adjustable throttle mechanism.
TRAILER /LIGHTING
• Trailer shall have tandem axles with dual wheels, with tires of sufficient size to
handle four (4) tons of asphalt and miscellaneous gear.
• Axles shall each have a rated capacity of at least 7,000 lbs.
• Trailer shall be of heavy duty construction. Trailer shall have 5,000 pound capacity
tongue jack with wheel.
• Trailer shall have storage compartments incorporated with side fenders if possible.
• DOT approved lighting package integral with fenders and rear bumper.
• Trailer shall have two (2) hydraulic surge brake system and ICC tractor /trailer
lighting system with Standard Plus TCP 77F plug (or equal).
• Electric lines shall be fully concealed in protective sheath.
• Unit shall be equipped with standard three (3) inch I.D. pintle hitch ring mounted
on tongue with height & length such that it can be safely towed by Brooklyn Center
single axle dump trucks.
PERFORMANCE TEST
• Two speed Auger system shall deliver entire load of mix to rear chute without
operator assistance.
• Unit shall have automatic re- ignition and fail safe shut down for over heating or flame
out.
• All electric heaters and related electrical components shall have a single supply
hookup and be U.L. approved.
• Unit shall allow plant mix to be held for 48 hours minimum without stripping or
overheating or having an operator present.
• Unit shall be equipped with the equivalent of two 100 pound capacity vapor
withdrawal tank or tanks permanently mounted with fuel gauges.
•
• Thermostats must be shock resistant. Thermostats shall operate both the propane
burner and the electric heater, so that only one setting is necessary. Thermostats shall
be provided at the rear of the unit so that the operator may observe the temperature at
all times. Vendor shall submit with bid, documentation signed by a factory
representative verifying that the burner meets all applicable codes and safety
standards.
• All electrical wiring shall meet electrical codes and have UL label on the components.
HYDRAULIC SYSTEM
• Anti - Bridge Bar system with hydraulic motor. hydraulic oil, reservoir shall have a
thirty (30) gallon minimum capacity.
• Hydraulic pump shall be Tyrone H.P. 16 -180C or approved equal.
• Hydraulic pump capacity shall not be less than 15 GPM at 2200 PST and 1000 RPM
driven by a diesel engine of 18 N.P. or greater.
• Diesel Engine mounted to hydraulic pump shall be equipped with electric start, largest
battery available, gauges for oil pressure, temperature, voltage or amperes and hour
meter.
• Hydraulic motor shall be Char -Lyn 103 -1008 or approved equal.
• Hopper shall be equipped with a screw auger.
• The unit shall be equipped with a minimum nine (9) foot long by six (6) inch
diameter screw auger external bearing mounted. The screw auger shall be driven
forward and reverse via a hydraulic motor, of at least 14 horsepower.
• Unit shall be equipped with an agitator driven via a hydraulic motor, at least twelve
(12) horsepower.
PROPOSAL
ONE (1) TRAILER- MOUNTED POTHOLE PATCHER
TO:
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
We propose to furnish and deliver one (1) trailer- mounted pothole pitcher according to the
specifications at the following price:
1. Total Bid Price $
(Including 6.5% Sales Tax)
2. Delivery Date
(Calendar Days)
4 9
Signed:
Firm Name:
Address:
Date:
BID OPENING: APRIL 6, 1994, 11:00 A.M.
CITY OF BROOKLYN CENTER Council Meeting Date March 14, 1994
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 2,400
FEET OF FIRE HOSE
DEPT. APPROVAL:
Karla K. Wickre, Deputy City Clerk
MANAGER'S REVIEW/RECOMMENDATION:
J
V
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
An appropriation was approved in the 1994 fire department budget for the purchase of 1,600 feet
of 1 3 /4 -inch fire hose and 800 feet of five -inch fire hose. Two quotations were received. I
recommend accepting the quotation from Front Line Plus Fire & Rescue in the amount of $11,544.
RECOMMENDED CITY COUNCIL ACTION Recommend approving Resolution Accepting
Quote and Authorizing the Purchase of 2,400 Feet of Fire Hose
hod
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE
PURCHASE OF 2,400 FEET OF FIRE HOSE
WHEREAS, an appropriation was approved in the 1994 fire department
budget for the purchase of 1,600 feet of 1 fire hose and 800 feet of
five -inch fire hose; and
WHEREAS, $16,680 was originally appropriated for the purchase of 2,400 feet
of fire hose; and
WHEREAS, two quotations were received as follows:
Company Quote
Front Line Plus Fire & Rescue $11,544.00
Angus Fire Armour Corporation 11,720.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the purchase of 2,400 feet of fire hose from Front Line Plus Fire
& Rescue in the amount of $11,544 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 OF BROOKLYN CENTER Council Meeting Date 3/14/94
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SUSAN WARNER
FOR HER DEDICATED PUBLIC SERVICE ON THE AD HOC CITY COMMUNICATIONS
TASK FORCE
DEPT. APPR VAL:
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOM MNDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
Susan Warner resigned from the ad hoc City Communications Task Force effective February 28,
1994.
RECOMMENDED CITY COUNCIL ACTION
PASS A RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SUSAN
WARNER FOR HER DEDICATED PUBLIC SERVICE ON THE AD HOC CITY
COMMUNICATIONS TASK FORCE.
Member introduced the following
is resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF
SUSAN WARNER FOR HER DEDICATED PUBLIC SERVICE ON THE AD
HOC CITY COMMUNICATIONS TASK FORCE
WHEREAS, Susan Warner served on the Ad Hoc City
Communications Task Force from August 9, 1991, through February 28,
1994; and
WHEREAS, her public service and civic effort for the
betterment of the community merit the gratitude of the citizens of
Brooklyn Center; and
WHEREAS, her leadership and expertise have been greatly
appreciated by the Brooklyn Center Ad Hoc City Communications Task
Force; and
WHEREAS, it is highly appropriate that her 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 Susan
Warner 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.
CITY OF BROOKLYN CENTER Council Meeting Date 3n4/94
Agenda Item Number /D F
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF GERALD NELSON
FOR HIS DEDICATED PUBLIC SERVICE ON THE AD HOC CITY COMMUNICATIONS
TASK FORCE
DEPT. APPROVAL:
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOMIVIENDATION: y =' F"? % J
s-
No comments to supplement this report Comments below /attached
• SUMMARY EXPLANATION: (supplemental sheets attached )
Gerald Nelson resigned from the ad hoc City Communications Task Force effective February 28,
1994.
RECOMMENDED CITY COUNCIL ACTION
PASS A RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF GERALD
NELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE AD HOC CITY
COMMUNICATIONS TASK FORCE.
for
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF
GERALD NELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE AD
HOC CITY COMMUNICATIONS TASK FORCE
WHEREAS, Gerald Nelson served on the Ad Hoc City
Communications Task Force from March 9, 1992, through February 28,
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 Ad Hoc City Communications 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 Gerald
Nelson 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.
CITY OF BROOKLYN CENTER Council Meeting Date 3/14/94
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE
FUNDING FOR SUBSCRIPTION TO U.S. WEST SEARCHDISC ELECTRONIC DIRECTORY
AND TO PURCHASE CD -ROM DRIVE AND SCSI EXPRESS SOFTWARE
DEPT. APPROVAL:
Gerald G. Splinter, City Manager
MANAGERS REVIEW/RECOAMENDATION.
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
For o many years the City of Brooklyn Center has annually subscribed to the CATALIST Reference
Directory through U.S. West Marketing Resources. The CATALIST Reference Directory is a
street by street address guide and phone number cross reference digest of Minneapolis. The
directory is used daily in both the police department and city hall to identify names with addresses
or to identify ames or phone fy o e numbers with addresses see attached memorandum from Captain
P
( P
Joel Downer to City Manager Jerry Splinter).
This year U.S. West has discontinued the CATALIST Reference Directory, and there appears to
be no other vendor that publishes such a directory. U.S. West has developed SearchDisc Electronic
Directory, a compact disc used with a PC and a CD -ROM drive. The City does not have a CD-
ROM drive to utilize this disc and is requesting to purchase .a CD -ROM drive and SCSI Express
software to utilize SearchDisc on the local area network.
The attached resolution amends the 1994 General Fund Budget to fund the subscription to U.S.
West SearchDisc Electronic Directory and to purchase a CD -ROM drive and SCSI Express
software.
RECOMMENDED CITY COUNCIL ACTION
PASS A RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE
• FUNDING FOR SUBSCRIPTION TO U.S. WEST SEARCHDISC ELECTRONIC DIRECTORY
AND TO PURCHASE CD -ROM DRIVE AND SCSI EXPRESS SOFTWARE.
l�
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO
PROVIDE FUNDING FOR SUBSCRIPTION TO U.S. WEST SEARCHDISC
ELECTRONIC DIRECTORY AND TO PURCHASE CD -ROM DRIVE AND
SCSI EXPRESS SOFTWARE
WHEREAS, Section 7.09 of the City Charter of the City of
Brooklyn Center does provide for a contingency appropriation as a
part of the General Fund Budget and further provides the
contingency appropriation may be transferred to any other
appropriation by the City Council; and
WHEREAS, the City Council hereby approves an allocation
of $2,500 from the 1994 Budget to provide funding for subscription
to U.S. West SearchDisc Electronic Directory and to purchase CD -ROM
drive and SCSI Express software.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center to amend the 1994 General Fund Budget as
follows:
Increase the appropriations for the following line item:
Data Processing Dept Office Furniture & Equipment $1,600
Unallocated Dept Dues & Subscriptions 900
Decrease the appropriations for the fallowing line item:
Unallocated Dept Contingency Account $1,600
Unallocated Dept Office ,Supplies 900
Date 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.
N CFN
BROOKLYN CENTER
POLICE DEPARTMENT POLICE
MEMORANDUM
TO: Trevor Hampton, Chief of Police
FROM: Joel Downer, Captain
DATE: March 10, 1994
SUBJECT: CD -ROM Drive for U.S. West Searchdisc
The Brooklyn Center Police Department has relied upon cross directories provided by
R. L. Polk Company for the last several years. Cross directories are a valuable reference
when attempting to locate victims, suspects or witnesses.
Often during the course of a criminal investigation information obtained is vague regarding
addresses of subjects the police need to contact. A cross directory provides a wealth of
information if the investigator either knows the specific phone number of the subject or the
approximate address.
A cross directory , capability is used several times per day by all divisions of the Police
Department.
I attempted to contact R. L. Polk & Company to determine the cost of replacing our 1993
vintage cross directories. R. L. Polk apparently is no longer in business as their phone is
disconnected with no forwarding number.
The U.S. West Searchdisc appears to be a viable option to the hard copy cross directories
we have used in the past.
If the expenditure for the quarterly update featured is approved, it provides the Police
Department with current telephone subscriber information which is a vital need.
JD /deh
cc: Gerald Splinter, City Manager
CITY OF BROOKLYN CENTER council Meeting Date 3114194
Agenda Item Number /O 1
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND
COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE
HENNEPIN-ANOKA SUBURBAN DRUG TASK FORCE
DEPT. APPRO •�
Gerald G. tAter, City Manager
MANAGER'S REVIEW/RECOMNIENDATION: / 77/7
No comments to supplement this report Comments be /attached
SUVIrVIARY EXPLANATION: (supplemental sheets attached )
The Hennepin -Anoka Suburban Drug Task Force has acquired its own insurance to indemnify its
assigned officers while working as members of the unit. The unit insurance has caused the joint
powers agreement to be altered (see attached memo to City Manager Jerry Splinter from Police
Captain Scott Kline outlining the changes).
The attached resolution authorizes the Mayor and City Manager to enter into the amended
agreement.
RECOMMENDED CITY COUNCIL ACTION
PASS A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND
COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE
HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE
•
o�
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND
COOPERATIVE AGREEMENT FOR THE FORMATION AND
ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK
FORCE
WHEREAS, on August 9, 1993, the City Council of the City
of Brooklyn Center in its Resolution No. 93 -122 authorized the
Mayor and City Manager to enter into a Joint and Cooperative
Agreement for the Formation and Administration of the Hennepin-
Anoka Suburban Drug Task Force; and
WHEREAS, the Hennepin -Anoka Suburban Drug Task Force has
acquired its own insurance to indemnify its assigned officers while
working as members of the unit; and
WHEREAS, this unit insurance has caused the joint powers
agreement to be altered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center to authorize the Mayor and City Manager to
enter into an Amended Joint and Cooperative Agreement for the
Formation and Administration of the Hennepin -Anoka Suburban Drug
Task Force.
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.
��� N CE�rF9
.BROOKLYN CENTER
POLICE DEPARTMENT POLICE
MEVIORANDU7
TO: Jerry Splinter, City Manager
FROM: Scott Kline, Police Captain
DATE: February 17, 1994
SUBJECT: Joint Powers Agreement Anoka /Hennepin Suburban Drug Task Force
The task force has now acquired their own insurance to indemnify their assigned
officers while working as members of the unit. This unit insurance has caused the
joint powers agreement J P g Bement to be altered in the manner outlined in the following
0 owing
memo.
In section 9 deputation found on page 9 of the complete agreement, all areas
shave been eliminated in the new document. A new section
is added has section 10 covering insurance, which is included at the back of the
joint powers agreement, and on page 10 of the original document, the section
which is listed there as section 10 duration has been changed to section 11 with the
same wording. Capsulizing, they dropped the indemnification information in the
section 9 deputation section and added a new section for insurance to cover
indemnification and then moved the duration section to the end again.
These changes in the joint powers agreement will require new passage by the
council and new signatures by the mayor and city manager agreeing to the new
document.
SK:vt
JOINT AND COOPERATIVE AGREEMENT
FOR THE FORMATION AND ADMINISTRATION
OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE
I. PARTIES
The parties of this agreement are political subdivisions of
the State of Minnesota. This agreement is made pursuant to
Minnesota Statutes Section 471.59, as amended.
II. GENERAL PURPOSE
The parties hereto find that drug abuse, and related criminal
activities, have increased significantly within their
communities in recent years. The completion and opening of
the Highway 610 bridge over the Mississippi River has
provided a corridor for drug trafficking between the parties.
The nature of drug law enforcement does not lend itself to
jurisdictional boundaries, and the individual parties hereto
suffer from resource shortages which make effective,
organized drug enforcement difficult on a jurisdiction by
jurisdiction basis.
The general purpose of this agreement is to provide
coordination and joint enforcement within the parties of
controlled substance violations as defined in federal, state
and local statutes.
III. NAME
The joint enforcement project shall be known as the Hennepin-
Anoka Suburban Drug Task Force.
IV. MEMBERSHIP
The parties to this agreement shall be the cities of Anoka,
-1-
Brooklyn Center, Brooklyn Park, Coon Rapids and Maple Grove.
All parties shall execute a copy of this agreement and
conform to all provisions herein.
V. ADMINISTRATION
A Task Force Advisory Board consisting of the Chief of Police
or his or her designee from each party, the coordinator,
and a prosecuting attorney each from Anoka and Hennepin
Counties shall have overall responsibility for administration
of the project. The City of Brooklyn Park will provide the
day to day administration through a line supervisor assigned
full time to the task force. The Task Force Advisory Board
shall hold meetings as determined to be necessary by the
members of the board.
The Advisory Board members which have voting authority
will be the Chief of Police or his or her designee from
each party. The coordinator and prosecuting attorneys will
serve in an advisory capacity and have no voting authority.
The Advisory Board members will have a vote which is weighted
in proportion to the number of officers committed to the task
force as follows:
Brooklyn Park 3 votes
Coon Rapids 3 votes
Anoka 1 vote
Brooklyn Center 1 vote _
Maple Grove 1 vote
In any issue requiring a vote of the advisory board, a quorum
of four voting members must be present to vote. In order for
a motion to pass, a majority vote shall consist of at least
five votes.
-2-
The Advisory Board shall elect a chair to conduct board
meetings and serve as liaison between the parties, the
coordinator, and the board.
VI. OPERATION
Section 1. The Task Force shall consist of nine full -time
peace officers P.O.S.T. licensed to practice law enforcement
as defined in Minnesota Statutes, Chapter 626.
The officers will be assigned to the task force by the
parties as follows:
Brooklyn Park 1- Sergeant, 2- Officers
Coon Rapids 3- Officers
Anoka 1- Officer
Brooklyn Center 1- Officer
Maple Grove 1- Officer
Section 2. Chain of Command. The Task Force coordinator
shall be the supervisor of the Task Force and will be the
Sergeant assigned to the Task Force from Brooklyn Park. The
coordinator shall serve at the P leasure of the Advisory Board
and may be removed by a majority vote of the board. The
coordinator reports directly to the advisory board. The
officers assigned to the Task Force report to the
coordinator.
Section 3. Clerical. The Task Force may hire clerical
support for the task force from the grant budget.
Section 4. Equipment. Equipment purchased by the Advisory
Board during the grant period for Task Force usage shall be
divided amongst the parties by the advisory board at the end
of the grant period if this agreement is not renewed.
Upon a mutually agreed dissolution of this Task Force, all
-3-
equipment owned by the task force will be distributed between
the parties as decided by the Advisory Board. Parties are
expected to also utilize their own equipment such as body
transmitters and surveillance vans on an as needed basis.
Section 5. Facilities. Each Task Force member will work out
of a centrally located office furnished and maintained by the
Task Force as provided in the annual grant budget.
Section 6. Purchase of Evidence /Information. The Task Force
coordinator will maintain an accounting of all confidential
funds utilized for the purchase of evidence and information
and to pay investigative expenses incurred by the Task Force.
Each Task Force officer will fill out a "Confidential Funds
Receipt" when obtaining advances of confidential funds from
the coordinator. Upon expenditure of confidential funds by a
Task Force officer, a "Payment for Evidence and Information"
form will be completed by the officer making the expenditure
and this form will be forwarded in a timely fashion to the
coordinator. The coordinator will mai -ntain a master
expenditure log for all Task Force officers. Each individual
officer will maintain an individual expenditure log for
confidential funds.
The coordinator will audit the confidential funds on a
regular basis and will file the necessary quarterly report
with the Office of Drug Policy of the Minnesota Department of
Public Safety.
Any evidence obtained or seized by the Task Force will be
maintained in the department property room of the officer
-4-
assigned as the case agent.
Section 7. Supplies. Office supplies will be provided b the
PP
PP P Y
Task Force under the grant budget. Any supplies not itemized
in the annual budget will be provided by the officer's
agency. Operating supplies such as vehicle fuel and vehicle
maintenance will be the responsibility of the officer's
agency.
Section 8. Sworn Personnel Each party is providing
licensed peace officers under the conditions outlined herein.
Wages and benefits for these officers will be absorbed by the
officer's employing agency during the grant period. Wage and
benefit reimbursement, to include overtime costs, may be
reimbursed through the grant as approved by the Advisory
Board.
An officer assigned to the Task Force by a party may be
removed from the Task Force through a majority vote of the
Advisory Board. The party shall then appoint a suitable
replacement for the removed officer. .
Peace officers assigned to the Task Force shall be equipped
by their employing parties with appropriate police
credentials and suitable firearms. The employing party will
be responsible for providing any P.O.S.T. required training _
to their officers assigned to the Task Force.
The Advisory Board may direct additional, specialized
training to be paid through the grant budget.
Section 9. Vehicles The Task Force shall lease one vehicle
-5-
for each officer assigned to the Task Force. Each party
will be responsible for fuel, insurance, and maintenance
costs incurred by the vehicle leased for them. Upon
termination of this.agreement, the leased vehicles will
either be absorbed by the parties or returned to the leasing
agency.
VII. TASKS
Section 1. The primary function and responsibility of the
Task Force is to detect, investigate, gather evidence, and
apprehend drug traffickers within the geographic area of the
parties. As a result of the nature of covert undercover
operations it is anticipated that undercover operatives may
detect or become aware of other crimes. The Task Force will
continue to pursue those avenues of investigation only upon
recommendation of the Task Force coordinator and by
permission of the Chief of Police of the particular party
involved.
Section 2. It is the mission priority of this unit to
investigate drug wholesalers (those individuals that bring
drugs into the task force area), street level drug
distributors, those persons involved in the clandestine
laboratory manufacturing of illicit drugs, and individuals
who attempt to acquire pharmaceutical drugs in violation of
the provisions of Minnesota Statutes, Chapter 152.
Section 3. A function of the Task Force will be to gather
and to disseminate controlled substance intelligence
information. The Task Force will maintain an ongoing
intelligence filing system. The Task Force will attempt to
-6-
investigate those leads, maintain on file that information,
and upon request disseminate that information to the parties
hereto.
Section 4. With permission of the Task Force coordinator,
the Task Force will provide training to member parties
requesting that service. Requests for community drug
education and drug awareness will be provided only upon
permission of the Task Force coordinator and the police
department of that particular party.
Section 5. Public announcements concerning the function of
the Task Force will be made only by permission of the
Advisory Board in conjunction with the parties to this
agreement and by approval of the Chief of Police of the party
in which that release is to be made.
Section 6. Public announcements concerning arrests or
investigations conducted by the Task Force will be made by
the Chief of Police of that party or his or her designee
where that arrest was made and upon approval of the Task
Force coordinator. News releases concerning the Task Force's
function, investigations, and /or arrests will not be made by
any Task Force officer unless specifically requested"by the
chief of Police with permission of the Task Force coordinator _
or the Advisory Board.
VIII. Financial Matters
Section 1. The fiscal year of the Task Force shall be the
calendar year.
-7-
Section 2. The Finance Department of the City of Brooklyn
Park will be responsible for the administration of all funds
coming under the direct supervision of the Task Force whether
Federal grant funds,• contributions of the parties or seized
assets pending forfeiture.
Section 3. The Task Force Advisory Board shall direct the
coordinator to prepare an annual grant application including
proposed budget which will be submitted to the parties on or
before the first day of August. The Advisory Board shall
submit the approved grant application and budget to the
Office of Drug Policy by the deadline established by the
Office of Drug Policy.
Section 4. Funding shall be in the form of a matching grant
from the Federal government. The contributions of the
parties shall be at least 25% of the total budget of
$188,748. An individual party's financial contribution
shall be proportioned to the number of officers committed to
the task force as follows:
Brooklyn Park $15,729 (1/3)
Coon Rapids $15,729 (1/3)
Anoka $ 5,243 (1 /9)
Brooklyn Center $ 5,243 (1 /9)
Maple Grove $ 5,243 (1/9)
Section 5. Any assets seized by the Task Force and awarded to
the Task Force through administrative of judicial
proceedings, shall be distributed to the parties on a
periodic basis as determined by the board. The formula for
distribution of these assets shall be proportioned as
follows:
-8-
Brooklyn Park 33.33%
Coon Rapids 33.33%
Anoka 11.11%
Brooklyn Center 11.11%
Maple Grove 11.11%
Section 6. The coordinator, upon direction and approval of
the Advisory Board, is authorized to sign and enter into
contracts on behalf of the Task Force as may be necessary.
I%. DEPUTATION
Officers assigned to the Task Force, while performing their
assigned duties as Task Force officers in a member city other
than their own jurisdiction, shall have the same powers,
duties privileges and immunities as conferred upon them by
their own jurisdiction. The authority granted hereunder does
not constitute employment by the Task Force or by the member
city in which the duty or duties are being performed. Any
worker's compensation claim or work related injury that may
occur as a result of working with the task force shall be the
sole responsibility of the officer's home jurisdiction. - -Arm --
Vii CE ur st! any
nf, -f,,,^ -� a icauii criitftr3 - e
t e -
Further, the authority granted hereunder extends only so
far as may be necessary to complete the duties assigned to
the officers, and terminates at the expiration of this
agreement and any extension thereof.
e 1eateaireme
rs to ttn�'6s� ea�tr -e- z�� rm- rued duty- to- de•€e and
iademrri ty- ottrer -titre g- c•Fi -�1� -� its
0 _J - trr - i - sd±ct-i-on-.--1 1 he -purpose zf- crea-t i-ng_ these_r- eE-i cz i
-9-
1 i^ }-, ; t �- r 1 a i m G h V p l i FNS- -E�e�'elkE�3t2'�9
l �
and -indemnify
b-y the- Lea of Minnesota G--J
I i i y cove ,
s a ,
any amount which must be o�a_ the
X. DURATION
Section 1. The Task Force shall commence operations on
January 1, 1994 and continue through December 31, 1994. The
task force may then be renewed on a year to year basis
through the execution of a new agreement.
-10-
IX. DEPUTATION
Officers assigned to the Task Force, while performing their
assigned duties as Task Force officers in a member city other than
their own jurisdiction, shall have the same powers, duties,
privileges and immunities as conferred upon them by their own
jurisdiction. The authority granted hereunder does not constitute
employment by the Task Force or by the member city in which the
duty or duties are being performed. Any worker's compensation
claim or work related injury that may occur as a result of working
with the Task Force shall be the sole responsibility of the
officer's home jurisdiction. Further, the authority granted
hereunder extends only so far as may be necessary to complete the
duties assigned to the officers, and terminates at the expiration
of this agreement and any extension thereof.
X. INSURANCE
The Task Force shall purchase insurance to provide liability and
property damage coverage in the amount determined by the Advisory
Board. In no event will the insurance coverage be less than the
League o� Minnesota Cities Insurance Trust standard liability
coverage. The insurance shall provide coverage for all authorized
Task Force operations by Task Force members.
XI. DURATION
Section 1. The Task Force shall commence operation on January 1,
1994 and continue through December 31, 1994. The Task Force may
then be renewed on a year to year basis through the execution of a
new agreement.
CITY OF BROOKLYN CENTER Council Meeting Date 3 r14i94
Agenda Item Number Za
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT POWERS
AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE
DEPT. APPROVAL:
Gerald G. Splinter, City Managii
MANAGER'S REVIEW/RECONEIJENDATION: �. 41r
No comments to supplement this report Comments below /attached
SUAMARY EXPLANATION: (supplemental sheets attached )
® The City of Columbia Heights chose not to participate in the construction and operation of a joint
fire training facility. Therefore, the attached amended agreement has been drafted deleting
references to Columbia Heights.
The attached resolution authorizes the Mayor and City Manger to enter into the amended
agreement.
RECOMMENDED CITY COUNCIL ACTION
PASS A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT POWERS
AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE
D�
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT
POWERS AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE
TRAINING SITE
WHEREAS, on January 2, 1991, the City Council by motion
authorized the Mayor and City Manager to enter into an agreement
titled "Joint Powers Agreement - Fire Training Association "; and
WHEREAS, a party to the agreement, the City of Columbia
Heights, has given written notice to the other parties via letter
dated August 10, 1992, that it no longer wishes to participate in
the agreement; and
WHEREAS, the necessary modifications to the agreement
have been made and the amended agreement is titled "Amendment of
Joint Powers Agreement for Construction and Operation of Fire
,Training Site."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center to authorize the Mayor and City Manager to
enter into an Amendment of Joint Powers Agreement for Construction
and Operation of Fire Training Site.
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.
0 AMENDMENT OF JOINT POWERS AGREEMENT FOR
CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE
WHEREAS, the parties who are signators below had entered into an agreement titled
"Joint Powers Agreement - Fire Training Association ", a copy of which is attached hereto; and
WHEREAS, the only expenditure of funds to date pursuant to said agreement has been by
the City of Fridley; and
WHEREAS, a party to the agreement, the City of Columbia Heights, has given written
notice to the other parties via letter dated August 10, 1992 that it no longer wishes to participate
in the agreement; and
WHEREAS, the remaining, parties desire to amend said agreement in order to continue the
project of constructing and operating a fire training site.
NOW, THEREFORE, the undersigned parties agree to the following modifications of the
agreement:
1. Deletion of Columbia Heights:
Delete from the "Joint Powers Agreement - Fire Training Association" (copy attached,
and hereafter called the AGREEMENT), the City of Columbia Heights, wherever that
name appears, and change the number of "member departments" from four to three
wherever stated. The undersigned hereby acknowledge receipt of a termination notice
from the City of Columbia Heights by letter dated August 10, 1992 from its attorney
Greggory J. Woods, and accept the termination in accordance with paragraph 16 of
the AGREEMENT. There exists no claim against Columbia Heights for proportionate
share of initial construction costs or operating costs.
2. Initial Construction:
The "initial construction costs" identified in paragraph 6 of the AGREEMENT shall be
changed to $150,000, it being understood that the parties may later increase this
amount if additional contributions are approved by the parties' respective governing
bodies.
3. Operating Budget:
The statement in paragraph 7 of the AGREEMENT citing the 1991 Operating Budget
is deleted.
PAGE 2 OF 2 PAGES
4. Amendment:
The AGREEMENT amendment procedure shall require unanimous approval of the
parties, in lieu of majority approval, reflecting the existence of three rather than four
parties.
IN WITNESS WHEREOF, the undersigned governing bodies approve these amendments
by authority of their duly authorized governing bodies on the date of their signature below.
CITY OF FRIDLEY: CITY OF BROOKLYN CENTER:
Mayor Mayor
City Manager City Manager
Date Date
CITY OF SP G L P CITY O LAINE:
l '
Mayor Mayor
City Administrator City Manager
/Z Septe 2 , 1993
Date Date
CITY OF MOUNDS VIE
r
City Ad finis o
February 17, 1994
Date
CITY OF BROOKLYN CENTER Council Meeting Date 3/14/94
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND
DIRECTING ADVERTISEMENT FOR BIDS FOR 1994 SEALCOATING PROGRAM, IMPROVEMENT
PROJECT NO. 1994 -21, CONTRACT 1994 -D
DEPT. APPROV
Mark Maloney, ity Engineer
MANAGERS REVIEW /RECOMMENDATION.
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached Yes
• The 1994 General Fund budget for Division 142 - Street Maintenance - includes an
appropriation of $140,000 for the continuation of the City's established street
sealcoating program. Accordingly, the City Engineer has prepared plans and
specifications for this year's proposed sealcoating program. This year's
proposed program, like those of the previous four years, provides for the use of
smaller, less aggressive aggregate on lower traffic residential streets, while
larger, more durable aggregate is specified for use on the higher- traffic routes.
Also, similar to the previous programs, the specifications call for bids on
different combinations of material types and sizes, and allows the City to select
the best alternative for the City's budget /needs. Using this approach in the
past has assured the greatest competition between material suppliers and allowed
the City Council to make its choice of alternatives.
A map showing the area(s) included in this year's proposed sealcoating program is
attached for reference. The low- traffic areas using the smaller, less aggressive
aggregate are shown as FA -2, while the high- traffic areas using the larger, more
durable aggregate are shown as FA -3.
RECOMMENDED CITY COUNCIL ACTION
A resolution approving plans and specifications and directing advertisement for
bids is provided for consideration.
/D "
J
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND
SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR
1994 SEALCOATING PROGRAM IMPROVEMENT PROJECT NO 1994-21,
CONTRACT 1994 -D
WHEREAS, the City Engineer has reported to the City Council that it
is necessary and in the best interests of the City to sealcoat various
streets; and
WHEREAS, the City Engineer has prepared plans and specifications for
the proposed work; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The following project is hereby established.
1994 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1994 -21
2. The specifications for Contract 1994 -D for said improvement project
prepared by the City Engineer are hereby approved and ordered filed
with the Deputy City Clerk.
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 specif y 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. 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 Deputy City Clerk
for 5 percent of the amount of such bid.
4. The accounting for Project No. 1994 -21 will be done in the General
Fund, Street Maintenance Division No. 142.
RESOLUTION NO.
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.
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CITY OF BROOKLYN CENTER Council Meeting Date
Agenda Item Number �—
REQUEST FOR COUNCIL CONSIDERATION
*************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO INCREASE
APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS
DEPT. APPROVAL:
Charles Hansen, Finance Director
************************************ * * * * * * * * * * * * * * * * * * * * * * *
MANAGER'S REVIEW/RECOMNIENDATION:
v
No comments to supplement this report
Comments below /attached
SUMPIARY EXPLANATION: (supplemental sheets attached )
The attached resolution adjusts the 1993 General Fund Budget so that no department exceeds its
appropriation. This adjustment is necessary because of the eighteen month span of time between
budget preparation and the conclusion of the budget year. In the case of most departments listed,
there simply were higher levels of activity than were anticipated and these costs will have to be
covered by a transfer from the contingency appropriation.
Teen Recreation Programs experienced an increase in receipts to go along with its increased
expenditures. Accordingly, the offset to its budget is from estimated revenues, rather than from
the contingency account.
The Community Development Department had to pay unemployment compensation for two full -
time employees who were laid off at the end of 1992, as directed by the adopted 1993 budget. At
the time, we had no idea of how long they would collect unemployment benefits before finding
other employment, so no provision for such benefits were made in the budget. Actual costs for
unemployment benefits came to $13,936, which pushed the department over budget.
The Engineering Department experienced a lower than usual level of reimbursements from capital
projects funds due to the completion of earlier projects and a slow down in new projects. Examples
of this are the Neighborhood Street Program which was proposed for 1993 but not undertaken and
69th Avenue which was very active in 1992 but neared completion in 1993.
The Vehicle Maintenance Department expended more than had been expected on motor fuel and
repair parts to support the City's vehicle fleet.
The Weed Control had to do more mowing of private property than in past years. These costs will
be collected as special assessments, but not until future years. Accordingly, it is necessary to
transfer appropriations from contingency rather than increase estimated revenues for this activity.
RECOMMENDED CITY COUNCIL ACTION
Passage of the attached resolution.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO INCREASE
APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS
-------------------------------------------------------------
WHEREAS, Section 7.08 of the City Charter provides the City
Council with the authority to transfer unencumbered appropriation
balances from one office, department or agency to another within the
same fund; and
WHEREAS, Section 7.08 of the City Charter provides the City
Council with the authority to increase a budget appropriation if the
actual receipts exceed the estimates, but not to exceed the actual
receipts; and
WHEREAS, Section 7.09 of the City Charter does provide 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, in the course of carrying out city operations during
1993, some departments found it necessary to operate at higher levels of
activity than was anticipated in the 1993 budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center to amend the 1993 General Fund Budget for increased
activity as follows:
Increase the estimated revenue for Teen Recreation Programs by
$1,100.
Reduce the appropriation of the Contingency Account in the
Unallocated Department by $72,100.
Increase the appropriations of the following departments:
Community Development $12,500
Engineering 41,000
Vehicle Maintenance 17,000
Weed Control 1,600
Teen Recreation Programs 1,100
$73,200
RESOLUTION NO.
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 03 -14 -94
Agenda Item Number /p G
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION RESCINDING RESOLUTION 94 -29, RESOLUTION SELECTING PERMANENT
IMPROVEMENT OPTIONS FOR 73RD AVENUE NORTH,AND CALLING FOR A PUBLIC HEARING
DEPT. AP ROV
a�
ark Maloney, city Engineer
MANAGER'S REVIEW/RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached yes
• At the regular meeting of February 14, 1994, the City Council adopted Resolution
94 -29, which selected permanent improvement options for 73rd Avenue North and
called for a public hearing, in accordance with Minnesota Statutes, Chapter 429.
It was the intent of the Council at that time to pursue and develop a program of
permanent improvements to 73rd Avenue North, for construction in 1994.
Because the cities of Brooklyn Center and Brooklyn Park share jurisdiction over
this portion of 73rd Avenue North, plans for improvements need to be thus
coordinated. We have recently received notice from the City of Brooklyn Park
that, for various reasons, they cannot consider an improvement project for 73rd
Avenue North in a time frame necessary for construction in 1994. Accordingly, I
have concluded that permanent improvements for 73rd Avenue North cannot be
considered for 1994. At this time it appears that the City of Brooklyn Park will
be able to address the concerns of their citizens and, with Brooklyn Center,
develop a plan for permanent improvements for construction in 1995. A copy of
the correspondence from Brooklyn Park is attached for reference.
Because the Council adopted a resolution which intended to establish a date for a
public hearing, and considering the above issues, it is now appropriate to for
the Council take actions necessary to rescind the previously adopted resolution.
RECOMMENDED CITY COUNCIL ACTION
A resolution which rescinds Resolution 94 -29, Selecting Permanent Improvement
• Options for 73rd Avenue North and calling for a Public Hearing is provided for
consideration.
l0L
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION RESCINDING RESOLUTION 94 -29, RESOLUTION SELECTING
PERMANENT IMPROVEMENT OPTIONS FOR 73RD AVENUE NORTH, AND CALLING
FOR A PUBLIC HEARING
WHEREAS, the Brooklyn Center City Council had previously initiated a
process for the consideration of street and utility improvements on 73rd
Avenue North; and
WHEREAS, it was the desire of the City Council to pursue and develop
a program for improvements to be constructed in 1994, which included the
consideration of special assessments pursuant to Minnesota Statutes, Chapter
429; and
WHEREAS, the City Council had previously adopted Resolution 94 -29,
which selected permanent improvement options for 73rd Avenue North and called
for a Public Hearing; and
WHEREAS, the final design and construction of the proposed
improvements for 73rd Avenue North must be coordinated by cooperative
agreement with the City of Brooklyn Park; and
WHEREAS, the City of Brooklyn Park has informed the City of Brooklyn
Center that Brooklyn Park staff believes it is not possible to coordinate the
proposed permanent improvements to 73rd Avenue North to assure construction
completion in 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that Resolution 94 -29, Selecting Permanent
Improvement Options for 73rd Avenue North and calling for a Public Hearing,
which was adopted at the regular meeting of February 14, 1994, is hereby
rescinded.
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.
1
�CP fV11CT �
Engineetzing
11YN 5200 85th Ave. No., Brooklyn Park. MN 55443-4300 ■ Phone 612 424 -8000 ■ Fax 612 493 -8391
* "" � � TDD 612 493 -8392
GARY E. BROWN, P.E.
City Engineep-
March 2, 1994
Mr. Mark Maloney
City Engineer
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Maloney:
The City f Brooklyn Park recently received a petition against the
Y t
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P
installation of sidewalks along 73rd Avenue. Since it is now March
1st and we have not had an opportunity to review preliminary
drawings and to hold public meetings with the neighbors in both of
our communities, and since any plans would have to be approved by
the State Aid office of MNDOT (a 6 -8 week approval process) , I
believe it would be impossible to construct 73rd Avenue during the
1994 construction season.
Furthermore, any design work should be tied in with the ultimate
decision the City of Brooklyn Center makes regarding Humboldt
Avenue. I estimate that this project could easily be constructed
during one construction season and therefore plans would have to be
completed by no later than April 15th in the year in which
construction is desired. It is my recommendation that we continue
with the process by meeting with neighbors and our respective City
Councils with design alternatives so that this project may be let
early in 1995, which will reSUlt in good bids as well as an early
start for the construction season. This will ensure that the
project will not go over the winter and will result in less
disruption to the residents living along 73rd Avenue.
Sincerely,
Gary rown, P.E.
Director of Engineering
GEB /gh
cc: Craig Rapp
Mayor and City Council
Z pnq Our
Emnronmem
CITY OF BROOKLYN CENTER Council Meeting Date 3/14/94
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES RELATING TO LAND
ACQUISITION, IMPROVEMENT PROJECT NO. 1992 -29, STORM WATER POND; AND IMPROVEMENT
PROJECT NO. 1993 -18, MTC PARK AND RIDE
DEPT. APPROVAL:
1
Diane Spector, Public Wor Coordinator
MANAGER'S REVIEW/RECOMMENDATION: �/�". �^
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached No
The Council on February 7, 1994 approved the solicitation of proposals for
professional services relating to the land acquisition necessary for the Park and
Ride /Storm Water Pond projects. This acquisition is required to be in compliance
with 49 CFR Part 24, the Uniform Relocation and Assistance Act. These
regulations are very detailed and specific, and are intended to eliminate any
"subjectivity" in rights and benefits.
In general, the services to be provided include:
• Appraisal of each property to determine its fair market value;
• An "appraisal review" by a second appraiser unaffiliated with the first, to
assure that the appraisal meets required standards;
• Establishing a "just compensation " offer, the amount of which is no less
than the reviewer's certificate of fair market value;
• Negotiations for purchase of the properties; and
• Calculation of relocation benefits for persons displaced by the land
acquisition process.
In accordance with the City's established Policy for the Procurement of
Professional Services, an RFP was developed and sent to nine firms which provide
these types of services. Four proposals were submitted to the City.
A review board was established consisting of myself; Marilyn Porter, Manager of
Public Facilities Improvements for the MTC; and Sy Knapp, working in a consultant
capacity to the City for this project.
The RFP's were submitted in two parts; Part A consisted of a description of
the firm's qualifications, understanding of and approach to the project, and
various background information. These proposals were evaluated independently
by the three members of the panel. After these evaluations and rankings were
established, the Part B's, the cost proposals, were opened. Rankings were
then reevaluated and adjusted as necessary based on the cost proposals.
The four firms submitting proposals and their rankings are as follows:
RANK BASED ON COST RANK BASED ON
FIRM SUBMITTING PROPOSAL QUALIFICATIONS PROPOSAL QUALIFICATIONS
AND COST
Evergreen Land Services 1 $50 1
W.D. Schock Company, Inc. 2 $185,863 4
Wilson Development 3 $51,850 2
Services (With BCL
Appraisals)
Wilson Development 4 $56,750 3
Services (With C.E.
LaSalle)
The rankings of the firms, both based strictly on qualifications and also
g Y q
based in combination of qualifications and cost, were unanimous. It is the
recommendation of both city staff and MTC that the proposal of Evergreen Land
Services be accepted.
Under the proposal as submitted, Evergreen would be responsible for management
of the project, and would provide land acquisition services. Evergreen will
subcontract with BCL Appraisals for appraisals, Champagne Realty for review
appraisals, and Conworth, Inc. for relocation services. This is the same team
which worked together on the 69th Avenue project. Property acquisition on
that project went very smoothly, with property owners reporting that the team
was professional, knowledgeable, sensitive, and very helpful in what can be a
very stressful situation.
In addition to being unanimously ranked first based on qualifications,
Evergreen Land Services submitted the lowest cost proposal. It is useful to
note that the 69th Avenue services provided by this team came in substantially
under budget.
NOTE: Most of the cost for property acquisition services would under the terms
of the City's joint powers agreement with MTC be reimbursed to the City
by the MTC; the City's portion of the cost, estimated to be $5,000,
would be funded by the Storm Drainage Utility.
RECOMMENDED CITY COUNCIL ACTION
A resolution accepting the proposal of Evergreen Land Services Co., for a
total cost not to exceed $50,150, is provided for consideration.
10M
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES RELATING TO
LAND ACQUISITION, IMPROVEMENT PROJECT NO. 1992 -29; STORM WATER POND;
AND IMPROVEMENT PROJECT NO. 1993 -18, MTC PARK AND RIDE
WHEREAS, on June 28, 1993 the Council adopted Resolution No. 93 -105,
ordering a Storm Water Pond in the southwest quadrant of the Brooklyn Blvd.
and I- 94/694 interchange, and on October 25, 1993 the Council adopted
Resolution No. 93 -188, authorizing an MTC Park and Ride facility; and
WHEREAS, the Council on February 7, 1994 approved a Joint Powers
agreement by which the City would provide all necessary services for land
acquisition, engineering, and construction of the Park and Ride facility, the
cost of which would be reimbursed by MTC; and
WHEREAS, proposals for land acquisition services were solicited and
reviewed in accordance with the City's Policy for Procurement of Professional
Services; and
WHEREAS, it is the recommendation of the review panel, with
concurrence by MTC, that the proposal of Evergreen Land Services be accepted,
at a cost not to exceed $50,150.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The proposal for services submitted by Evergreen Land Services Co. is
hereby accepted and approved.
2. The Mayor and City Manager are hereby authorized and directed to
execute a contract with Evergreen Land Services on the basis of its
proposal.
3. The City's share of the cost of land acquisition, estimated at
$5,000, is to be funded by the Storm Drainage Utility.
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 3/14/94
Agenda Item Number ION
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION PROVIDING FOR THE NEGOTIATED PURCHASE OF REAL PROPERTY FOR IMPROVEMENT
PROJECT NOS. 1992 -29 AND 1993 -18
DEPT. APPROVAL:
L
bir, ne Spector, Public Works Coordinator
MANAGER'S REVIEW/RECOMMENDATION:
J
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached No
Under federal and state regulations relating to the acquisition of properties and
the Uniform Relocation and Assistance Act, the City is required to follow
established procedures in offering "just compensation" to the owners of
properties to be acquired. The attached resolution establishes a process for
final approval of all purchases by the City Council, in compliance with those
procedures. This process is similar to that used for the 69th Avenue project.
RECOMMENDED CITY COUNCIL ACTION
Adoption of the attached resolution.
In�
Member
introduced the followin g resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE NEGOTIATED PURCHASE OF REAL PROPERTY FOR
IMPROVEMENT PROJECT NOS. 1992 -29 AND 1993 -18
WHEREAS, by Resolution No. 93 -105 adopted on June 28, 1993, and
Resolution No. 93 -188 adopted October 25, 1993, the City Council ordered the
construction of a storm water pond and authorized the construction of an MTC
Park and Ride facility, both improvements located in the southwest quadrant of
the Brooklyn Boulevard and I- 94/694 interchange, said improvements to be
referred to collectively hereinafter as "The Improvement "; and
WHEREAS, the Council wishes to provide a procedure for acquiring the
properties required to be purchased for construction of The Improvement, (the
"Acquisition Properties ") by negotiated purchase when possible.
:NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The City Manager is authorized and directed to commence negotiations
with the owners of the Acquisition Properties.
2. The City Manager is authorized and directed to offer to the owners of
the Acquisition Properties for the purchase thereof, the amount
,determined by appraisal and review appraisal (the "Appraised Value ")
'in accordance with the procedure set forth in the Federal Uniform
Relocation and Assistance Act (the "Uniform Act "). Any such purchase
agreement executed by the City Manager shall contain the provision
that it is subject to approval and ratification by the City Council.
3. In cases in which the owners of the Acquisition Properties do not
agree to the sale of such properties for the Appraised Value, the
City Manager shall attempt to negotiate with such owners a purchase
agreement acceptable to the landowner and secure the execution of
such purchase agreement by the owner, which purchase agreement shall
be submitted for approval to the City Council.
4. Claims for relocation benefits required by the Uniform Act duly
submitted and in accordance with the requirements of the Uniform Act
may be approved by the City Manager and paid in accordance with the
City Purchasing Policy adopted by City Council Resolution No. 83 -172.
5. The City Council hereby dispenses with the requirements of Minnesota
Statutes Section 462.356, Subd. 2.
Resolution No.
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 Co mcil Meeting Date 3/14194
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
LICENSE TO UTILIZE EXPLOSIVES PERMITS FOR THE HOWE COMPANY
DEPT. APPROVAL:
.hw4y'j��
Sharon Knutson, Deputy City Clerk
f'''
MANAGER'S REVIEW/RECOAMENDATION:
V ,
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
Section 35 -413.2 of the Brooklyn Center City Ordinances requires that the utilization of explosives
• must be licensed by the City Council. The following items are recommended conditions for the
utilization and discharge of explosives at The Howe Company facility, 4821 Xerxes Avenue North,
Brooklyn Center, Minnesota.
1. :The permit is issued to The Howe Company, 4821 Xerxes Avenue North, Brooklyn
Center, and is nontransferable.
2. The Howe Company shall continue to use a two- component compound, kinestik, or
a similar two- component compound.
3. The Howe Company shall comply with all applicable federal, state, and local
legislation governing the transportation, storage, handling, and detonation of
explosives.
4. The Howe Company shall notify the Chief of Police in advance of all blasting
operations.
5. City employees shall have the right to inspect upon reasonable notice given to The
Howe Company.
6. Authorization to discharge explosives in the City of Brooklyn Center granted under
this permit shall expire March 27, 1995.
RECOMMENDED CITY COUNCIL ACTION
Approve license for The Howe Company to utilize explosives permits subject to the above
conditions.
CITY OF BROOKLYN CENTER council Meeting Date 3/14 /94
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
LICENSES
DEPT. APPROVAL:
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOM MNDATION:
No comments to supplement this report Comments below /attached
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUNEMMY EXPLANATION: (supplemental sheets attached )
Attached is the list of licenses to be approved by the city council.
• RECOMMENDED CITY COUNCIL ACTION
Approve licenses.
I
Amended 3/14/94
Licenses to be approved by the City Council on March 14, 1994:
MECHANICAL SYSTEMS a
Total Mechanical Services 153 E. Thompson Ave. G�
Building Official
RENTAL DWELLINGS
Renewal:
Muchtar /Fatima Sajady 7205 Perry Court E.
Kenneth R. Johnson 5301 Winchester Lane
William and Linda Bjerke 3614 -16 50th Ave. N.
Selwin and Odelia Ortega 610 53rd Ave. N.
Ivan and Hazel Vetterick 4010 65th Ave. N.
Eugene and Diane Wright 4408 69th Ave. N.
Richard W. Sandeen 1706 71st Ave. N.
Director of
Community Development
GENERAL APPROVAL: U�
Sharon Knutson, Deputy City Clerk