HomeMy WebLinkAbout2010 08-09 CCP Regular Session AGENDA
i CITY COUNCIL STUDY SESSION
August 9, 2010
6:00 p.m.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
i
•
CITY COUNCIL MEETING
City of Brooklyn Center
August 9, 2010 i AGENDA
1. Informal Open Forum with City Council — 6:45 p.m.
— provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation — 7 P .m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting. A copy of the full City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
1
5. Pledge of Allegiance
6. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember so requests, in which event the item will be removed from the consent
agenda and considered at the end of Council Consideration Items.
a. Approval of Minutes
1. July 19, 2010 — Budget Work Session with Financial Commission
2. July 26, 2010 — Study Session/Work Session
3. July 26, 2010 — Regular Session
b. Licenses
C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
d. Resolution Calling for a Public Hearing on Proposed Special Assessments for
Delinquent Abatement Removal Costs
e. Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Project Nos. 2008 -05, 06, 07 & 08, Contract 2008 -B, Xerxes
Avenue and Northway Drive Street and Utility Improvements
CITY COUNCIL AGENDA -2- August 9, 2010
f. Resolution Establishing Improvement Project No. 2010 -16, Accepting Engineer's
Feasibility Report and Authorizing Development of Plans and Specifications,
Improvement Project No. 2010 -16, Shingle Creek Restoration Improvements
g. Resolution Approving Change Order No. 1, Improvement No. 2009 -18, Contract
2009 4, Bass Lake Road Streetscape and Regional Trail Project
h. Resolution Authorizing the Execution of a Limited Use Permit for the County
Road 57 Streetsca P e Project No. 2010 -17 between the Minnesota Department of
J
Transportation and the City of Brooklyn Center
7. Presentations / Proclamations /Recognitions/Donations
a. Hennepin County Sheriff Rich Stanek Annual Report
Requested Council Action:
None.
b. Resolution Recognizing and Commending Residents' Achievements in the 2010
City of Brooklyn Center Landscape and Garden Contest
Requested Council Action:
— Motion to adopt resolution.
• 8. Public Hearings
None.
9. Planning Commission Items
None.
10. Council Consideration Items
a. Resolution Approving the Request for Nonpublic Sale of Non - Conservation Tax
Forfeited Land at 5800 Bryant Avenue North to the City of Brooklyn Center by
Hennepin County
Requested Council Action:
— Motion to adopt resolution.
b. Resolution Approving the Request for Nonpublic Sale of Non - Conservation Tax
Forfeited Land at 5331 Morgan Avenue North to the City of Brooklyn Center by
Hennepin County
Requested Council Action:
— Motion to adopt resolution.
C. Resolution Establishing Improvement Project Nos. 2011 -01, 02, 03, and 04,
Logan Area Neighborhood Street, Storm Drainage and Utility Improvements
Requested Council Action:
— Motion to adopt resolution.
CITY COUNCIL AGENDA -3- August 9, 2010
0
d. Resolution Establishing Improvement Project No. 2011 -05, Unity Avenue Street
Improvements
Requested Council Action:
— Motion to adopt resolution.
e. Resolution Establishing Improvement Project No. 2011 -06, Shingle Creek
Parkway Street Improvements
Requested Council Action:
— Motion to adopt resolution.
f. Resolution Authorizing Retention of Carson, Clelland and Schreder for City
Prosecution, Services and Authorizing Mayor and City Manager to Execute
Contract
Requested Council Action:
— Motion to adopt resolution.
11. Council Report
12. Adjournment
Agenda Items Tabled or Continued •
An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01
and 4.02
—This item was first read on April 12, 2010; was published in the official
newspaper on April 22, 2010; and the Public Hearing was continued at the May
10, 2010, meeting until such time as the Charter Commission makes its
recommendation to the City Council.
Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center
—This item was tabled at the May 10, 2010, meeting.
i
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
August 9, 2010
. Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
Council Chambers
City Hall
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. Centennial Committee Discussion
2. Regulation of Tattoo and Body Piercing Establishments
PENDING LIST FOR FUTURE WORK SESSIONS
Later /Ongoing
1. Sister City Update — Curt
2. 57th and Logan Update
3. Strategic Outcome Reports
4. 2011 Brooklyn Center Celebration Update
5. Neighborhood Designations
6. Junk and Inoperable Vehicles Update — Back Yard Parking
7. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January
8. Brookdale Mall Update
9. Joslyn/City Property Remediation Update
10. Department Year End Reports
11. Active Living Program
12. RER — Howe Fertilizer Update
13. Garbage Hauler Report
14. Community Schools Update
15. Firehouse Park Update — October
City Council Agenda Item No. 6a
•
•
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
JULY 19, 2010
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and
the session was called to order by Mayor Tim Willson at 6:30 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Dan Ryan, and Mark Yelich.
Councilmember Tim Roche was absent and excused. Also present: City Manager Curt Boganey,
Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Maria Rosenbaum.
Others present were Financial Commissioner Rex Newman. Commissioner Susan Shogren Smith
arrived at 6:37 p.m.
BRIEF REVIEW OF STRATEGIC DESIRED OUTCOME RESULTS
City Manager Curt Boganey outlined the materials included with the agenda packet and informed
that the desired outcome rankings included in the third column had Council Members numbers on
top and both Council and Financial Members on the bottom. These rankings will help in prioritizing
the budget.
EXPENDITURE FORECAST RANGES
TAX LEVY ESTIMATES AND IMPACTS
OTHER REVENUE INCLUDING STATE AID ESTIMATES
City Manager Boganey briefly outlined the remaining agenda items for the evening and informed that
he would like to et a consensus on what direction to move forward with the 2011 Budget. It was
g g
noted that the charts being presented this evening include the same information presented in earlier
Budget Work Sessions and that there are some additional scenarios this evening to help with making
a decision on what direction staff should proceed.
Fiscal and Support Services Director Dan Jordet outlined the scenarios which included a low
alternate, a "0" median alternate, a 3 percent expense alternate, and a maximum alternate. Included
in the discussion regarding these scenarios there were lowest to highest quartiles for residential and
. commercial/industrial properties.
07/19/10 -1- DRAFT
There was discussion amongst the Council and Financial Commissioners regarding the scenarios and
the outcome of the discussions left staff with a consensus that they would proceed with a one percent •
total increase in spending, an increase in property taxes of 1.8 percent overall, and a 4.5 percent cap
on General State Aid in the General Fund as a starting point for future discussions.
City Manager Boganey inquired if the August 2, 2010, Budget Work Session with Financial
Commission could be rescheduled due to National Night Out Events. There was consensus to
reschedule the August 2, 2010, Budget Work Session with Financial Commission to August 4, 2010,
at 6:30 p.m.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at
8:35 p.m. Motion passed unanimously.
•
s
07/19/10 -2- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JULY 26, 2010
CITY HALL — COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Absent and
excused at roll call was Councilmember Mark Yelich. Also present were City Manager Curt
Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and
Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site
Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lasman requested discussion on Item 6d, Resolution Amending Special
Assessment Levy Roll Nos. 17591 and 17592 to Provide the Deferment of Special Assessments.
She asked what is the difference between the certified amount versus the deferred amount. It
was noted the resolution does not contain the amount of original assessment.
Public Works Director /City Engineer Lillehaug stated the original assessment was for $4,466.
The amount to be certified is what is left over from the original assessment after you subtract
what qualifies to be deferred.
Councilmember Ryan requested discussion on Item 6f, Resolution Amending the 2010 -2024
Capital Improvement Program. In particular, he asked about the funding source for the Bass
Lake Road improvements to extend the project to the other side of Highway 100 to Logan
Avenue.
Mr. Lillehaug explained that at this point staff is recommending the $375,000 be funded from
Tax Increment Financing (TIF) District 3 Redevelopment Bond proceeds, which has an adequate
balance. He advised that staff has talked with the Hennepin County Transportation office and
they are considering participating in the same ratio as the Bass Lake Road Project; however, that
is not yet formalized.
Mr. Liilehaug advised that the County will mill and overlay west of Highway 100 but not east of
Highway 100 so staff wants to be sure that project expectations east of Highway 100 are not for a
full reconstruction. With regard to the middle area on Brooklyn Boulevard, it will be finished
07/26/10 -1- 1 DRAFT
during the Bass Lake Road mill and overlay work and the new lighting will mimic the same
elements as on Bass Lake Road.
The Council discussed the condition of the bridge and its approaches, which are in need of work.
Mr. Lillehaug explained this is a State -owned bridge so the State has full jurisdiction and given
preliminary indications it may do some rehabilitation to the bridge and entrance ramps at some
point. The City's project starts on either side of the bridge and does not involve the bridge itself.
Mayor Willson noted the task force looked at changing access feeds to the bridge and asked if
those options can be presented to the State. Mr. Lillehaug stated the City can present those
options but the State has indicated its rehab of the entrance ramps and bridge does not include
any revisions. Mr. Boganey explained that when the redesign was being considered, it was part
of the Comprehensive Plan to redevelop the opportunity site. There may be less leverage with
the State at this time. Mayor Willson supported asking the State to consider those options when
it addresses plans for this bridge.
MISCELLANEOUS
Councilmember Lasman requested -an update on the renaming of Central Park. Mr. Boganey
stated he has not heard back from the Park and Recreation Commission and will check to see if it
is on their upcoming agenda.
Councilmember Lasman informed staff of three errors on information contained in the Housing
Commission packet for new homeowners and suggested they be corrected prior to the next
printing.
Councilmember Roche commented on the Sister City program that Mayor Willson had brought
forward and stated his friend from Liberia may be a potential contact since he is involved in
public relations and currently in the States.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
CENTENNIAL CELEBRATION
Mr. Boganey introduced the item and noted the attendance of Mr. Lester.
Keith Lester, Centennial Celebration Committee Chair, updated the Council on their plans for
the Centennial Celebration scheduled for next year. He addressed the challenges of finding
enough volunteers and fundraising, and advised of the strong interest in a band shell if donations
can be secured. Mr. Lester distributed and reviewed an informational and promotional flyer for
the events and draft letter for the purpose of fundraising. He explained the next steps will be to
confirm events and schedule meetings with potential benefactors.
i
07/26/10 -2- DRAFT
Mr. Lester suggested the event be kicked off by a Council signed proclamation, everyone signing
a scrapbook, opening a time capsule, and starting a new time capsule. He stated they would like
to get the Council involved in a committee, work group, fundraising, and ways to expedite
processes such as erecting a bandshell if funding can be secured.
The Council indicated support of a bandshell and discussed how it can become involved with
securing event sponsors.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Roche moved and Councilmember Lasman seconded to close the Study Session
at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study
Y
Session at 6:47 p.m.
Motion passed unanimously.
CENTENNIAL CELEBRATION — CONTINUED
• The discussion continued on the Centenmal Celebration. The Council agreed rt can be helpful in
preapproving ideas when presented rather than waiting for full funding before taking action. The
Council expressed its appreciation to Mr. Lester for Chairing this important celebration and
indicated the Council wants to work with the Centennial Committee to assure it's a great event.
Mr. Lester stated the ideas have been written down and now commitments need to be made.
It was the majority consensus of the City Council to discuss the list of Centennial Celebration
event ideas at the next Work Session to prepare a "game plan" so considerations can move
forward expeditiously.
BUS SHELTER REPORT FROM ADMINISTRATIVE TRAFFIC COMMITTEE
Mr. Boganey introduced the item and presented the recommendation of the Administrative
Traffic Committee (ATC) to submit a request to Metro Transit for the installation of bus shelters,
at its expense, at the warranted locations in accordance with ATC recommendations. If
authorized by the Council, staff will submit the requests to expedite the installation of bus
shelters at these locations. It was noted that the location of Brooklyn Boulevard and 51 Avenue
meets warrants but is not being recommended due to traffic safety issues at that location.
•
07/26/10 -3- DRAFT
The Council discussed how the shelter locations would be prioritized. Mr. Boganey advised the
staff report is not in order of priority, and locations where the demand is greatest would be the •
priority locations. It was clarified the City is not asking for the removal of any bus shelters.
Staff has asked Metro Transit about relocating the shelter at the garage, but it has no intent or
desire to move it.
The majority consensus of the City Council was to direct staff to proceed with the request to
Metro Transit for the placement of bus shelters, with priority on the locations of highest
warrants.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 6:58 p.m.
Motion passed unanimously.
•
07/26/10 -4- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JULY 26, 2010
CITY HALL — COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:46 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Absent and
excused at roll call was Councilmember Mark Yelich. Also present were City Manager Curt
Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and
Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site
Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
• No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:47 p.m.
Motion passed unanimously.
2. INVOCATION
Priest Brahmbhatt, BPS Temple, recited a Hindu mantra as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:01 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Absent and
excused at roll call was Councilmernber Mark Yelich. Also present were City Manager Curt
Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and
i
07/26/10 -1- DRAFT
Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site
Secretarial, Inc. •
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and _
Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. July 12, 2010 — Study Session
2. July 12, 2010 — Regular Session
3. July 12, 2010 —Work Session
6b. LICENSES
GASOLINE SERVICE STATION
Brookdale Holiday 5710 Xerxes Avenue N.
MECHANICAL
AJ Mechanical 341 4 Avenue S., So. St. Paul
McChesney Heating & A/C 8201 175 Avenue SE, Becker
Modern Heating & A/C 2318 First Street NE, Minneapolis
RB Heating & Air 20826 Austin Street NE, Cedar
RENTAL — RENTAL STANDARDS PRIOR TO MARCH 6, 2010
RENEWAL
5424 Fremont Avenue N. Bill McCrum
142555 th Avenue N. Trung Duong
(passed with weather deferral)
7240 West River Road Nedzad Ceric
i
1316 68 Lane N. Valerie Blount McKissack
RENTAL — CURRENT RENTAL STANDARDS
INITIAL (TYPE III —one-year license)
5400 -02 Russell Avenue N. Tai Pham
6807 Humboldt Avenue N. William & Elsie Lind
INITIAL (TYPE II — two-year license)
284167"' Lane N. Brooke Berner
6919 France Avenue N. Karlene Hermantin
RENEWAL (TYPE II — two-year license) •
07/26/10 -2- DRAFT
6813 Humboldt Avenue N. B204 William & Elsie Lind
• RENEWAL (TYPE I — three-year license)
5212 70 Avenue N. Roland Bell
6813 Humboldt Avenue N. B203 William & Elsie Lind
7208 Perry Court E. Vincent Okonkwo
7193 Unity Avenue N. Mary Turcotte
SIGNHANGER
Lawrence Sign Co. 945 Pierce Butler Road, St. Paul
TOBACCO RELATED PRODUCT
Brookdale Holiday 5710 Xerxes Avenue N.
Brooklyn Center Grill, LLC 2590 Freeway Boulevard
6c. RESOLUTION NO. 2010 -99 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN
PROPERTIES IN BROOKLYN CENTER, MINNESOTA
6d. RESOLUTION NO. 2010 -100 AMENDING SPECIAL ASSESSMENT
LEVY ROLL NOS. 17591 AND 17592 TO PROVIDE FOR THE
DEFERMENT OF SPECIAL ASSESSMENTS
. 6e. RESOLUTION NO. 2010 -101 AUTHORIZING THE SHINGLE CREEK
WATERSHED MANAGEMENT COMMISSION TO EXCEED THE 2011
ADMINISTRATIVE OPERATING BUDGET LEVY CAP
6f. RESOLUTION NO. 2010 -102 AMENDING THE 2010 -2024 CAPITAL
IMPROVEMENT PROGRAM
6g. APPROVAL OF FIRST READING OF AN ORDINANCE VACATING
CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 61
AND LOT 62, AUDITORS SUBDIVISION NUMBER 218, HENNEPIN
COUNTY, MINNESOTA AND SETTING SECOND READING AND
PUBLIC HEARING FOR AUGUST 23, 2010
6h. RESOLUTION NO. 2010 -103 ESTABLISHING CITY IMPROVEMENT
PROJECT, APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT
PROJECT NO. 2010 -17, COUNTY ROAD 57 STREETSCAPE
IMPROVEMENTS
6i. AMEND 2010 CITY COUNCIL MEETING SCHEDULE TO
RESCHEDULE THE AUGUST 2, 2010, BUDGET .YORK SESSION TO
WEDNESDAY, AUGUST 4, 2010
i
07/26/10 -3- DRAFT
Motion passed unanimously.
7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS •
7a. RESOLUTION NO. 2010 -104 EXPRESSING APPRECIATION FOR THE
DONATION OF TARGET COMMUNITY PARTNERSHIP FOR AN $800
GRANT TO BE USED FOR THE PROMOTION OF NATIONAL NIGHT OUT
City Manager Curt Boganey introduced the item and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2010 -104 Expressing Appreciation for the Donation of Target Community Partnership for
an $800 Grant to be used for the Promotion of National Night Out.
Motion passed unanimously.
8. PUBLIC HEARING
— None.
9. PLANNING COMMISSION ITEMS
—None. •
10. COUNCIL CONSIDERATION ITEMS
10a. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY
AT GATEWAY COMMONS - 2818 AND 2822 NORTHWAY DRIVE
Mr. Boganey introduced the item, discussed the history, and presented staff's recommendation to
approve a rental dwelling license for occupancy of 2818 and 2822 Northway Drive at Gateway
Commons. Should these two buildings be approved for occupancy, six additional buildings
remain in the renovation project.
Councilmember Roche moved and Councilmember Lasman seconded to approve a rental
dwelling license for partial occupancy at Gateway Commons for building addresses at 2818 and
2822 Northway Drive.
Motion passed unanimously.
11. COUNCIL REPORT
Mr. Boganey stated he has the distinct pleasure to announce that an offer was made and accepted
by Commander Kevin Benner to be Brooklyn Center's Chief of Police.
07/26/10 -4- DRAFT
Councilmember Lasman stated she is happy to hear that Mr. Benner has accepted the position of
• Chief of Police. She congratulated Police Chief Benner and stated she looks forward to working
with him. She reported on her attendance at the following:
• July 15, 2010, Twin Lake Park neighborhood meeting, which was a wonderful evening at a
beautiful park, and well attended. She stated this is a good program that was initiated by the
Police Department.
• July 19, 2010, Budget Work Session with the Finance Commission.
Councilmember Lasman reminded all of the August 2, 2010, National Night Out Kick Off at
Central Park, from 6 -8 p.m. and reviewed events and entertainment that will be held. She stated
that on August 3, 2010, the Neighborhood Watch Programs will celebrate, so it is a good time to
consider forming a Watch Program if your neighborhood does not yet have one.
Councilmember Roche reported on his attendance at the following:
• July 15, 2010, Twin Lake Park neighborhood meeting that enjoyed nice weather and was a
great setting with many park activities occurring.
Councilmember Roche stated the National Night Out Kick Off party will be held behind the
Civic Center in Central Park, the admission, food, and entertainment are free. He pointed out
that there is a lot to celebrate in Brooklyn Center. Councilmember Roche stated it is nice to have
Police Chief Benner accept the position because he is a great asset to the Department and
community. With regard to the upcoming Centennial Celebration, Councilmember Roche
provided an update on opportunities to volunteer, contribute, and the contact information. He
reported the Housing Commission is creating welcome bags for new residents that will also be at
the National Night Out.
Councilmember Ryan reported on his attendance at the following:
• July 15, 2010, the third of four area meetings at Twin Lake Park, which was a beautiful
location and Acting Police Chief Benner had presided. He stated these meetings have
become a feature and great success when residents can learn what is going on in the City and
their neighborhoods, and ask questions of staff. In addition, they are important for building
cooperative relationships within the community, such as the Neighborhood Watch program.
• July 19, 2010, Joint City Council and Financial Commission Work Session.
Councilmember Ryan congratulated Kevin Benner on his appointment as Chief of Police and
stated he is confident Police Chief Benner will continue his great work for the City.
Councilmember Ryan stated the August 2, 2010, National Night out will be the City's 15
observance of that event. He reminded all that a week after National Night Out, the primary for
local and State elections will occur, absentee ballots are available, and encouraged all to
participate.
Mayor Willson reported on his attendance at the following:
• July 15, 2010, Twin Lake Park neighborhood meeting.
• July 19, 2010, Joint Work Session with the Financial Commission.
07/26/10 -5- DRAFT
Mayor Willson encouraged all to participate in the August 2, 2010, National Night Out Kick Off
and August 3, 2010, National Night Out events. He emphasized that this Council is committed •
to its work to oppose crime, which is not acceptable in Brooklyn Center. He noted there was
25% less crime in Brooklyn Center from 2008 to 2009 and that is due, in part, to the cooperative
work and scheduling of the Police Department and Fire Department to have officers on the street.
However, it is the contribution of all community members that make Brooklyn Center strong and
vibrant. Mayor Willson congratulated Commander Benner on his appointment, stating he is an
excellent choice for Chief of Police and he is glad that Mr. Benner accepted the position.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 7:15 p.m.
Motion passed unanimously.
•
07/26/10 -6- DRAFT
City Council Agenda Item No. 6b
•
•
COUNCIL ITEM MEMORANDUM
DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
/
SUBJECT: Licenses for City Council Approval t'
Recommendation:
It is recommended that the City Council consider approval of the following licenses at its August
9, 2010, meeting.
Background:
The following businesses /persons have applied for City licenses as noted. Each business /person
has fulfilled the requirements of the City Ordinance governing respective licenses, submitted
appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in
compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below
the property address on the attached rental report.
MECHANICAL
American Air Supply 11257 207 Avenue NW, Elk River
A & M Heating & Air 22280 Tippecanoe Street NE, East Bethel
BF Heating 8 Street Eden Prairie
S ea m & Cooling 16526 West 7 ,
g g
Kalmes Mechanical Inc. 15440 Silverod Street NW, Andover
Parkview Heating d Air 10218 Parkview Circle Bloomington
.
g � on
RENTAL
See attached reports.
Alission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10
•
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
g P
(Based on Property Inspected Unit
Code Only)
Type I — 3 Year 1 -2 units 0 -1
Type II — 2 Year 1 -2 units Greater than 1 but not more than 4
s
Type III — 1 Year 1 -2 units Greater than 4 but not more than 8
Type IV — 6 Months 1 -2 units Greater than 8
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
(Calls Per Unit/Year)
No Category 1 -2 0 -1
Impact 0 4 ,
� P
5 or more units 0-0.35 •
Decrease 1 1 -2 Greater than 1 but not more than 3
Category"��
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories ,
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Hission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Rental Standards Prior to March 6, 2010
6740 Grimes PI 8 BIdgs 5
Victoria Townhomes 148 Units lRenewal IThe Gaughan Properties .10 /Unit OK OK
, N
Current Rental Standards
2824 67th Ln N Single Family Initial Molly Collins 6 III N/A III OK OK
5352 72nd Cir Single Family Initial Denise Michaelides 0 II N/A II OK OK
6718 Perry Ave N Single Family Initial Daniel Blonigen 0 II N/A II OK OK
6018 Zenith Ave N Single Family Initial Thu Ung 3 II N/A II OK OK
5800, 5830 Logan Ave N 2 Bldgs 27 5
The Lilacs 22 Units Renewal Farnaz Toussi 1.23 /Unit II .23 /unit II OK OK
1 Bldgs 11 1
4806 Twin Lake Ave 4 Units Renewal Douglas Wahl 2.75 /Unit III 25 /unit III OK OK
5814 Ewing Ave IV Single Family Renewal Salim & Michele Nyarecha 6 III 0 III OK OK
5401 Morgan Ave N Single Family Renewal Amit Kirdatt 4 II 0 II OK OK
5618 Hillsview Rd Single Family Renewal Nita Morlock 6 III 0 III OK OK
5740 Dupont Ave N Single Family Renewal Dion Properties Inc. 0 I 0 1 OK OK
* CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.)
** Final License Type
Type 1 = 3 year
Type II = 2 year
Type III =1 year
Type IV = 6 mos
City Council Agenda Item No. 6c
•
COUNCIL ITEM MEMORANDUM
DATE: August 9, 2010
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning�Xssistant City Manager/Director of Building & Community
Standards
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
Recommendation:
It is recommended that the City Council declare a public nuisance and order the removal of
diseased trees for certain properties as listed in the resolution.
Background:
The attached resolution represents the official Council action required to expedite removal of
diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center
has maintained a policy of removing and properly disposing of diseased trees in order to prevent
tree diseases from spreading throughout the community. The removal of diseased trees is
defined in City Ordinance Chapter 20 -301to 20 -306. Although the City has historically focused
on Dutch Elm disease, other transmissible diseases and infestations are addressed as well.
Property owners are given the opportunity to remove the diseased tree on their own or enter an
agreement to allow the City to remove the diseased tree. Where an agreement with the property
owner is executed, a minimal administrative charge of $50 is applied to the costs associated with
the tree removal.
After a diseased tree is declared a public nuisance by the City Council, another Compliance
Notice will be provided to the property owner allowing additional time, at least five days, for
voluntary correction, again providing an option for an agreement with the City. If the property
owner does not correct the violation or enter an agreement, the City will remove the diseased
tree. An administrative abatement service charge will be charged based on the cost of the
abatement, with a minimum charge of $150.
Budget Issues:
The City's share of the cost of removal for diseased trees within the public right -of -way and on
City propert�� is included in the 2010 budget under the Public Works Forestry operating budget.
The cost of removal for diseased trees located on private property is the responsibility of the
. respective property owner, and if unpaid, is specially assessed to the property.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Council Goals: •
Strategic: We will respond to increased public awareness and interest in environmental
sustainability and green community issues
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
• adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN
BROOKLYN CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased
tree a public nuisance and provides for abatement by the City if not corrected by the property
owner; and
WHEREAS, removal of diseased trees and abatement of the public nuisances is
necessary to prevent the spread of tree diseases and to protect the environmental quality and
desirability of neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal
Agreement has been issued to the owners of certain properties in the City of Brooklyn Center
giving the owners twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by
i declaring them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance.
Property Owner Property Address Tree Type and No.
Trevor Tjelmeland 6443 Marlin Dr Elm - 24
Patrick Higgins 7112 France Ave N Elm - 38
Brett T Myhre 5101 France Ave N Elm — 39,40 & 41
Twila M Rubenstein 5812 Halifax Ave N Elm — 42
Jos D Genadek 6701 Ewing Ave N Elm - 43
2. After twenty days from the date of the initial notice the roe owners will
t3' ( ) Y � property rtY owner( s)
receive a second written notice providing five (5) business days in
which to contest
the determination of the City Council by requesting, in writing, a hearing. Said
request shall be filed with the City Clerk.
RESOLUTION NO. •
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be
specially assessed to the property in accordance with city codes and Minnesota
Statutes Chapter 429.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 6d
•
•
COUNCIL ITEM MEMORANDUM
i DATE: August 9, 2010
TO: Curt Boganey, City Manager
r 7�I
FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community
Standards
SUBJECT: Resolution Calling for a Public Hearing on Proposed Special Assessments for
Delinquent Abatement Removal Costs
Recommendation:
Staff is recommending the City Council adopt the resolution ordering a public hearing on
Monday August 9, 2010 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and
pass upon any objections to the proposed special assessments for delinquent abatement removal
accounts.
Background:
The attached resolution calls for a public hearing to receive public testimony and comments
regarding the proposed special assessments for delinquent abatement removal accounts. The
special assessment amounts are specified in the attached preliminary assessment rolls.
• Delinquent nuisance abatement account property owners have received notice of
delinquent accounts in accordance with the established collection policy and have not
i made payment.
At the scheduled public hearing, the City Council would consider adoption of the resolution to
certify the special assessment levy rolls with Hennepin County. The 2010 interest rate for
special assessments is six percent, as previously established by the Council. A copy of the
special assessment pending levy roll is attached.
Budget Issues:
The proposed levy roll for delinquent abatement removal costs totals $36,014.97.
Council Goals:
Strategic:
1. We will ensure a safe and secure community
2. We will stabilize and improve residential neighborhoods
i
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Member introduced the following resolution and moves its
adoption:
RESOLUTION NO. •
RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED
SPECIAL ASSESSMENTS FOR DELINQUENT ABATEMENT REMOVAL
COSTS
WHEREAS, the City performs and incurs costs for certain neighborhood
maintenance services to protect public health, safety and welfare; and
WHEREAS, Minnesota Statutes Chapter 429, provides for a public hearing
process to recover the costs through special assessments; and
WHEREAS, the City has performed neighborhood maintenance services, billed
the property owners, and has not been reimbursed by certain property owners.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. A hearing shall be held on the 9th day of August, 2010 in City Hall at 7 p.m. or as
soon thereafter as the matter may be heard, to pass upon the proposed assessments for
the following charges:
• Delinquent Abatement Removal Costs 0
2. The City Clerk with the assistance of the Director of Building and Community
Standards shall forthwith prepare assessment rolls for the above charges, and shall
keep them on file and open to inspection by any interested persons.
3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment
to be published once in the official newspaper at least two weeks prior to the hearing.
4. The City Clerk shall cause mailed notice to be given to the owner of each parcel
described in such assessment rolls not less than two weeks prior to the hearing.
BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn
Center that this resolution shall be effective immediately.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof: •
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Report Name: SA-Master City of Brooklyn Center Printed: 8/6/2010
Page: 1
Special Assessment Master Report
S/A Number: **004P
St Property ID House Street Name Unit Orie Assessment Total Assessment Payoff Amt Closed Dese
A 01-118-21-34-0046 819 55th Ave N $400.00 $400.00 $400.00
A 02-118-21-14-0092 5727 Humboldt Ave N $250.00 $250.00 $250.00
A 02-118-21-44-0002 5338 Logan Ave N $365.00 $365.00 $365.00
A 03-118-21-42-0018 5549 Brooklyn Blvd $315.00 $315.00 $315.00
A 03-118-21-43-0029 3613 54th Ave N $915.00 $915.00 $915.00
A 03-118-2143-0066 3713 53rd PI N $420.00 $420.00 $420.00
A 25-119-21-32-0045 7113 Fremont Ave N $510.00 $510.00 $510.00
A 26-119-21-41-0026 1501 Amy La $315.00 $315.00 $315.00
A 26-119-21-44-0030 7012 James Ave N $565.00 $565.00 $565.00
A 27-119-21-32-0106 4307 Woodbine La $300.00 $300.00 $300.00
A 27-119-21-42-0027 7130 France Ave N $280.00 $280.00 $280.00
A 27-119-21-43-0063 3813 Urban Ave $330.00 $330.00 $330.00
A 28-119-21-44-0010 6901 Perry Ave N $300.00 $300.00 $300.00
A 33-119-21-13-0085 5131 Howe La $315.00 $315.00 $315.00
A 33-119-21-42-0115 6318 Unity Ave N $265.00 $265.00 $265.00
A 34-119-21-31-0018 6319 France Ave N $1,170.00 $1,170.00 $1,170.00
A 34-119-21-41-0044 3207 64th Ave N $415.00 $415.00 $415.00
A 34-119-21-42-0010 6312 France Ave N $625.00 $625.00 $625.00
A 35-119-21-33-0046 2906 Mumford Rd $300.00 $300.00 $300.00
A 36-119-21-22-0028 6837 Emerson Ave N $300.00 $300.00 $300.00
Total Count: 20 $8,655.00 $8,655.00 $8,655.00
Report Name: SA—Master City of Brooklyn Center Printed: 8/6/201
Page:
Special Assessment Master Report
S/A Number: **006P
St Property ID House Street Name Unit Orig Assessment Total Assessment Payoff Amt Closed Desc
A 10-118-21-12-0055 5100 Drew Ave N $2,187.50 $2,187.50 $2,187.50
A 25-119-21-34-0007 800 69th Ave N $25,172.47 $25,172.47 $25,172.47
Total Count: 2 Grand Total: $27,359.97 $27,359.97 $27,359.97
City Council Agenda Item No. 6e
•
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer S�
SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Project Nos. 2008 -05, 06, 07 & 08, Contract 2008 -13, Xerxes
Avenue and Northway Drive Street and Utility Improvements
Recommendation:
It is recommended that the City Council consider approval of the Resolution Accepting Work
Performed and Authorizing Final Payment, Improvement Project Nos. 2008 -05, 06, 07 & 08,
Contract 2008 -B, Xerxes Avenue and Northway Drive Street and Utility Improvements.
Background:
On May 12, 2008, the,City Council awarded Contract 2008 -B to C.S. McCrossan Construction,
Inc. of Maple Grove, Minnesota for the construction of the Xerxes Avenue and Northway Drive
Street and Utility P J Improvement Project. C.S. McCrossan Construction, Inc. has successfully
completed the construction work and is requesting final payment for the project.
Budget Issues:
• The original contract amount for the Xerxes Avenue and Northway Drive Street and Utility
Improvements was $2,275,139.10. The total value of work certified for final payment is
$2,234,682.87, which includes Change Orders No. 1 ($5,792.93), No. 2 ($10,281.50) and No. 3
($6,156.75) and a deduct for pavement deficiencies ($2,750.00). The total project cost, including
contingencies / administration /engineering/legal, is $2,525,872.98 and was completed under
budget in the amount of $181,666.12. The attached resolution provides a summary of costs and
funding sources for the project.
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
•
Mission: Ensuring an attractive, clean sale community that enh�uices the qualitti' of 14f and preserves the public trust
I
Member introduced the following resolution and moved its •
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL
PAYMENT, IMPROVEMENT PROJECT NOS. 2008 -05, 06, 07, AND 08,
CONTRACT 2008 -B, XERXES AVENUE AND NORTHWAY DRIVE STREET
AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Minnesota, C.S. McCrossan Construction of Maple Grove, Minnesota has completed the following
improvement in accordance with said contract:
Improvement Project Nos. 2008 -05, 06, 07 & 08, Contract 2008 -B, Xerxes Avenue
and Northway Drive Street and Utility Improvements
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Final payment shall be made on Improvement project Nos. 2008 -05, 06, 07
and 08, Contract 2008 -B, Xerxes Avenue and Northway Drive Street and •
Utility Improvements, taking the contractor's receipt in full. The total
amount to be paid for said improvements under said contract shall be
$2,234,682.87.
2. The estimated project costs and revenues are hereby amended as follows:
COSTS As Original Award As Final
Contract $ 2,275,139.10 $ 2,212,451.69
Contingency Costs $ 190,700.00 24,203.49
Change Order No. 1 $ 5,792.93
Change Order No. 2 $ 10,281.50
Change Order No. 3 $ 6,156.75
Subtotal Construction Cost $ 2,465,839.10 $ 2,258,886.36
Direct Purchase Items * $ 14,700.00 $ 8,019.46
Admin/Legal /Engr. $ 227,000.00 $ 258,967.16
Total Estimated Project Cost $ 2,707,539.10 $ 2,525,872.98
*Direct purchase items include trash receptacles and other miscellaneous purchases.
•
•
RESOLUTION NO.
REVENUES As Original Award As Final
Street Assessment $ 797,724.00 $ 797,724.00
Water Utility Fund $ 72,144.88 $ 102,257.51
Sanitary Sewer Utility $ 52,803.05 $ 65,196.41
Storm Drainage Utility Fund $ 168,883.46 $ 178,818.08
Street Light Utility $ 18,000.00 $ 18,000.00
TIF District Funding $ 833,270.17 $ 793,324.36
Street Reconstruction Fund $ 139,455.54 $ 7,294.82
MSA Construction Fund $ 625,258.00 $ 563,257.80
Total Estimated Revenue $2,707,539.10 $2,525,872.98
• August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 6f
•
•
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Establishing Improvement Project No. 2010 -16, Accepting Engineer's
Feasibility Report and Authorizing Development of Plans and Specifications,
Improvement Project No. 2010 -16, Shingle Creek Restoration Improvements
Recommendation:
It is recommended that the City Council consider approval of the Resolution Establishing
Improvement Project No. 2010 -16, Accepting Engineer's Feasibility Report and Authorizing
Development of Plans and Specifications, Improvement Project No. 2010 -16, Shingle Creek
Restoration Improvements.
Background:
The restoration of Shingle Creek has been indentified in past studies including the 2004 Shingle
Creek Corridor Study and the 2008 Daylighting Shingle Creek: Framework Plan. The Shingle
Creek Watershed District and the City of Brooklyn Center Capital Improvement Plans prescribe
a 2010 Shingle Creek Restoration Project from Bass Lake Road to I -94. The City and Watershed
District are recent recipients of a Clean Water Legacy grant in the amount of $105,237 for this
• proj ect.
The project feasibility report provides a description of the recommended improvements for the
creek and an estimated project budget (see attached). City staff is prepared to proceed with the
development of final plans and specifications, public bidding/award of the contract for the
project, and construction of the project over the winter of 2010/2011 and spring of 2011 upon
authorization by the City Council. A consultant will be necessary to assist with the engineering
and coordination of this project.
Budget Issues:
The Shingle Creek Restoration Improvements Project is identified in the City's Capital
Improvement Program with a project cost of $520,000. Funding sources and an updated
preliminary cost estimate for the project are proposed from a variety of sources as described in
the feasibility report.
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
pbn' Y p
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
)Mission. Ensuring an attractive, clean safe cClmmunity that enhancCb the quaflty qfl{ fc and prowrves the public trust
its adoption: Member introduced the following resolution and moved •
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2010 -16,
ACCEPTING ENGINEER'S FEASIBILITY REPORT AND AUTHORIZING
DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT
PROJECT NO. 2010-16, SHINGLE CREEK RESTORATION IMPROVEMENTS
WHEREAS, the City's Capital Improvements Program identifies specific creek
restoration improvements to Shingle Creek in 2010; and
WHEREAS, the City Council has reviewed the scope of proposed improvements for the
Shingle Creek Restoration Project; and
WHEREAS, said improvements are necessary, cost effective and feasible as detailed in
the feasibility report; and
WHEREAS, the City of Brooklyn Center and the Shingle Creek Watershed District have
received a Clean Water Legacy grant in the amount of $105,237; and
WHEREAS, the City Engineer is prepared to develop plans and specifications for said
public improvement project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. Improvement Project No. 2011 -16, Shingle Creek Restoration Improvements
is hereby established.
2. The Shingle Creek Restoration Project Feasibility Study is hereby received
and accepted.
3. Improvement Project No. 2010 -16, Shingle Creek Restoration Improvements,
is hereby ordered and the City Engineer is authorized to prepare plans and
specifications for said improvements.
•
• RESOLUTION NO.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
Feasibility Report
Shingle Creek Restoration
Project
Wenck File #1244 -02
• Prepared for:
CITY OF BROOKLYN CENTER
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Prepared by:
June 2010
WENCK ASSOCIATES, INC.
1800 Pioneer Creek Center
P.O. Box 249 Wenck
Maple Plain, Minnesota 55359 -0249
(763) 479 -4200
•
•
Table of Co
1.0 INTRODUCTION ............................................................................... ............................1 -1
2.0 BACKGROUND AND OBJECTIVE ................................................ ............................2 -1
2.1 Background .............................................................................. ............................2 -1
2.2 Site Characteristics ................................................................... ............................2 -3
2.3 Objective ...................... ............................... ........................... ............................2 -4
3.0 PROPOSED IMPROVEMENTS ....................................................... ............................3 -1
3.1 Reach 2b (North) Improvements .......................................... ............................... 3 -1
3.2 Reach 2a (South) Improvements ........................................... ............................... 3 -2
3.3 Other Improvements ............................................................. ............................... 3 -3
3.4 Public Education. ..................................................................... ............................3 -3
3.5 Expected Outcomes .............................................................. ............................... 3 -4 •
4.0 COST AND FUNDING ....................................................................... ............................4 -1
TABLE
1 Detailed Cost Table
FIGURES
1 Site Location Map — Reach 2b
2 Site Location Map — Reach 2a
3 Proposed Cross Section for Shingle Creek
•
TAl244 Brooklyn Center= Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibili ptudy -REVISED Drandoc
•
1.0 Introduction
Shingle Creek, as an urban creek, has experienced significant changes from its historical
conditions. The impacts of the urbanization on the stream can be seen through its impairment for
chloride, dissolved oxygen and habitat. Urbanization has also resulted in erosion and scouring
on the banks, excessive grazing by geese, and limited habitat for macroinvertebrates. Through
restoration activities impairments for dissolved oxygen and habitat can be addressed to improve
the health and quality of the stream and meet TMDL requirements.
A collaborative process between the City of Brooklyn Center and the Shingle Creek Watershed
Management Organization (SCWMO) resulted in the completion of the Shingle Creek Corridor
Study in 2004. The study was an overall plan to improve the water quality and habitat within the
• stream. In 2008 the City collaborated with Hennepin County to prepare the "Daylighting Shingle
Creek: Framework Plan." This study evaluated a number of options to restore Shingle Creek
within the framework of redevelopment design options for the central part of the City.
The Shingle Creek Corridor Study outlined an approach which used native vegetation and
material to restore the stream through several techniques which included native buffer
installations, geese exclusions, pool and riffle systems, and stormwater treatment as means to
improve the quality of the stream. The Daylighting Study identified opportunities to improve
aeration and increase native vegetation. Using these studies as a foundation, a more detailed
conceptual design has been developed for the portion of Shingle Creek from I -94 to County
Road 10 in Brooklyn Center (Figures 1 and 2). Based on this design an estimated construction
cost, including engineering and administration, is $510,000. Funding for, the project will come
from four sources: the SCWMO, a state Clean Water Legacy Grant, Hennepin County and the
City of Brooklyn Center.
• 1 -1
T:U244 Brooklyn Center\02 Shingle Creels Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Drandoc
•
Based on the conceptual design, this feasibility report recommends that this design be moved
forward into final design, allowing for construction to occur during the 2010 -2011 winter.
•
1 -2 •
TAl244 Brooklyn Center \02 Shingle Creek Restorabon\.Shingle Creek Erosion Repair Feasibility Study -REVISED DraB.doc
•
2.0 Backgr and Objective
2.1 BACKGROUND
Shingle Creek is classified as an Impaired Water. It does not meet State water quality standards for
chloride and dissolved oxygen and does not support a macroinvertebrate community that would be
expected of a stream in the Upper Mississippi River Basin. A TMDL for chloride has been completed
and approved by the EPA, and load reduction activities are now taking place. TMDL studies for
dissolved oxygen and biotic integrity are now underway and expected to be completed by the end of
2010.
The dissolved oxygen TMDL has identified two primary causes of the low levels of dissolved
. oxygen in Shingle Creek. The first is the presence of riparian and headwaters wetlands such as the
Palmer Lake basin that discharge low oxygen water into Shingle Creek. The second primary cause is
the overwide, trapezoidal channel shape and the lack of reaeration in the Creek. Modifying the
channel form to incorporate a low -flow channel would increase stream velocity and improve
reaeration. It would also reduce sediment oxygen demand during low flows, thus helping to prevent
dissolved oxygen sags. Hydraulic modeling of the Creek for the TMDL demonstrates that modifying
the channel form and improving water quality discharged from upstream wetlands should be
sufficient to maintain dissolved oxygen in the stream at levels above the minimum 5 mg/L required
by the State of Minnesota.
The stressor identification analysis performed for biotic integrity TMDL identified five primary
stressors to fish and macroinvertebrate communities in Shingle Creek: low dissolved oxygen; altered
hydrology (periods of very high flows alternating with periods of very low flows); lack of habitat;
increased chloride concentrations; and lack of connectedness (barriers). Modifications to Shingle
Creek over the years to improve stormwater conveyance has removed much of the natural habitat,
and barriers such as drop structures, weirs, and lake control structures have reduced the ability of
• 2 -1
T:U244 Brooklyn Center \02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Draft.doc
•
aquatic life to migrate from the Mississippi River, or to colonize Shingle Creek from lakes and
wetlands. Some locations on Shingle Creek have slightly better habitat, and in those locations there is
a more robust fish and macroinvertebrate community. Stream restoration to increase dissolved
oxygen and provide more varied habitat would improve the biotic integrity of Shingle Creek.
Two additional studies have identified potential improvements to Shingle Creek. In 2004 the Shingle
Creek Watershed Management Commission undertook a comprehensive assessment of Shingle
Creek for the purpose of developing a coordinated vision for the future of Shingle Creek and its
tributaries. The Shingle Creek Corridor Study set forth potential opportunities for short and long term
improvements to improve water quality and biotic integrity of Shingle Creek and its tributaries. In
2008 the City collaborated with Hennepin County to prepare the "Daylighting Shingle Creek:
Framework Plan." This study evaluated a number of options to restore Shingle Creek within the
framework of redevelopment design options for the central part of the City.
Both Shingle Creek and its tributaries have been fundamentally impacted by urbanization. They
have been straightened, channelized and dredged, and function mainly to convey stormwater from •
the 44 square mile watershed to the Mississippi River. There are very few natural stream features
such as riffles, pools and meanders. The Corridor Study, which was adopted by the Commission in
2004, called for the ecological restoration of Shingle Creek. Various design principles were set forth
in the document, and improvement strategies were identified for the Creek in general and for each
reach. In general the principles call for the restoration of natural channel form and function, including
meander and riffle -pool sequences; narrowing the channel and promoting access to the floodplain
where possible; planting native buffers a minimum of five feet wide or wider where possible to
stabilize streambanks, filter runoff, and enhance habitat; selectively removing trees to increase bank
stability and allow for a healthy understory; and increasing substrate diversity. These principles are
currently being reaffirmed by the dissolved oxygen and biotic integrity TMDL Implementation Plans.
The Corridor Study recommended that the following improvements be made`to Shingle Creek
between I -94 and County Road 10.
• Reestablish buffer in areas that are mowed too close to the stream;
• Add large woody debris;
2 -2
TAl244 Brooklyn Center\02 Shingle Creek Restorahon\Shingle Creek Erosion Repair Feasibility Study -REVISED Drafldoc
•
• Restore sand/gravel/cobble substrate to streambed; and
• Widen the buffer where possible and plant native grasses and forbs.
The Daylighting Study, which was adopted by the City of Brooklyn Center in 2008, called for the
enhancement of the Creek to improve natural systems and water quality and to provide an aesthetic
and functional focal point. The Study recommended the following improvements be made to Shingle
Creek from I -94 downstream to the Centerbrook Golf Course:
• Remove invasive plant species;
• Reintroduce meanders where space allows;
• Improve pool/riffle regime for improved oxygen and habitat; and
• Reestablish vegetative buffers.
More generally, the Daylighting Study called for:
• • Increasing the visibility of the creek through vegetation management;
Creating better linkages across the creek between residential areas;
• Making the creek the aesthetic and functional focal point, not the back yard;
• Promoting the Creek corridor as a greenway for regional trails; and
• Improving water quality.
2.2 SITE CHARACTERISTICS
The proposed project is divided into a north area and a south area. The boundary between the two is
a flow - through wetland complex west of the Hennepin County Brookdale Service Center. The
Daylighting Study referred to these as Reach 2b (north) and Reach 2a (south).'
Shingle Creek through Reach 2b (Figure 1), within Brooklyn Center Central Park and west of the
Brooklyn Center Civic Center, was reconstructed in the 1980s with a wide meander to maximize the
• area in the park for ballfields. The vegetation in the riparian area is sparse and subsequently the
2 -3
TAl244 Brooklyn Center\02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Draftdoc
•
stream banks are eroding due to geese overgrazing, some overshading due to tree cover, and erosion
resulting from wide swings in flow from urban runoff. The reconstruction of the channel did not
incorporate habitat for macroinvertebrates or implement structures to introduce oxygen into the
stream.
Reach 2a (Figure 2) is a straightened section that has minimal structure for habitat and reaeration
potential. Approximately 600 feet of streambank on the west side consists of mowed turf to the
creek edge. The City owns the riparian area but adjacent property owners mow to the top of the bank.
The streambank is eroding, and there is no buffer to assist in strengthening the bank, filtering runoff,
and providing habitat.
2.3 OBJECTIVE
The objective of this project is to improve habitat and oxygen levels in the stream to address
impairments, limit future maintenance costs b providing a sustainable design, increase public
•
p YP g g � P
awareness of techniques that can be used to improve water quality, and make a visually
appealing stream corridor.
2 -4
•
TAl244 Brooklyn Center \02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Draftdoc
•
3.0 Proposed Improvements
Improvements for this project have been broken up into Reach 2b (northern) (Figure 1) and Reach 2a
(southern) reaches (Figure 2). The overall approach for both of the segments is the same while the
techniques vary between the segments. The overall objective of the proposed improvements is to
limit erosion, improve habitat, create a functional focal point for the city, and increase oxygen levels
in the stream resulting in an aesthetically pleasing greenway corridor.
3.1 REACH 211 (NORTH) IMPROVEMENTS
Proposed improvements for Shingle Creek through Reach 2b (see Figure 1) consist primarily of
buffer installation and habitat enhancement. A 5- to 30- foot -wide native buffer would be planted,
with width varying depending on available space, aesthetics, drainage patterns, and coordination with
•
park use. The buffer would extend adjacent to the backwater channel that flows around the front of
the Civic Center. This backwater provides an important refuge for aquatic organisms during high
flows in the main channel. Outside curves along the Creek will be live staked with willow and other
woody species to stabilize the streambanks and provide a variety of vegetation. Invasive species
along the creek will be removed and native vegetation will be designed to create a focal point on the
stream. Through removal of the vegetation behind the softball fields there will be improved visibility
of the stream enhancing it as an esthetic amenity for the community. On the west side of the creek
additional infiltration swales will be created to further enhance stormwater treatment. One sharp
inside curve will be stabilized with a boulder toe and live stakes. Because the creek is wide, flat, and
mucky in this section, it is unlikely that a pool and riffle system could be added through this project.
Stabilized plunge pools with swales would be added at the storm sewer outfalls to reduce pool
scouring and provide additional rock and cobble substrate. -
3 -1
TAl244 Brooklyn Cmter \02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study • REVISED Draftdoc
•
3.2 REACH 2A (SOUTH) IMPROVEMENTS
In Reach 2a (see Figure 2), the proposed project includes buffer establishment as well as in -stream
habitat and reaeration improvements. Because the narrow stream corridor is constrained by the
Shingle Creek Parkway right -of -way on the east and private property on the west, no channel
realignment is proposed.
However, this project includes reshaping the channel form from a flat -bottom trapezoid to a more
natural cross section that incorporates a low -flow channel to convey small rain events and base flow,
as shown below in Figure 3. In addition riffles and cross vanes will be installed to provide aeration
g P
and to provide rocky substrate for fish and macroinvertebrate habitat improvements. Finally,
stabilized plunge pools would be added at the storm sewer outfalls to reduce pool scouring and
provide additional rock and cobble substrate.
Conceptual Gross Section, 5hint3le Creek
*3.• r Buffer 100 year elevation
Buffer
,1 Planted point bar ,
............... ...............................
r
.................... ................
.�.��
".�Werxk New
Feb 2005
Exlstln 9 channel
low -flow
channel
Figure 3. Proposed cross section for Shingle Creek.
Source: Shingle Creek Corridor Study, SCWMO.
The project will establish a native vegetation buffer along the 600 feet of stream owned by the City
but currently maintained in turf grass by the adjacent property owners by planting native shrubs and
grasses and selectively removing trees. Boulders will be placed at property corners to mark the edge
of the buffer. These improvements will focus attention on the stream and not on the adjacent
backyards. Elsewhere along the Creek a five to 30 foot buffer would be planted and streambank •
3 -2
T11244 Brooklyn Cuter \02 Shingle Creek Restorabon\Shingle Creek Erosion Repair Feasibility Study -REVISED Draftdoc
•
slopes stabilized with native vegetation, with buffer width varying depending on available space,
aesthetics, drainage patterns, and coordination with the adjacent Bass Lake Road Streetscaping
project. Coordination of these activities will create a seamless greenway for residents to enjoy for
years to come. A three -year maintenance plan will be part of the construction bid to ensure the
buffers are properly established.
In Reach 2a selective tree thinning will open up the excessively shady canopy and allow for the
establishment of an understory. The harvested trees, if suitable, will be installed as root wads both in
woody substrate as habitat
this reach and the northern area to improve bank stability and to provide s
P h' P
Y
for fish and macroinvertebrates.
3.3 OTHER IMPROVEMENTS
Additional improvements will be incorporated into the proposed stream restoration project. A
stormwater pond /infiltration basin will be constructed on the west side of the stream on the Gateway
• Commons property. The basin will provide treatment of runoff prior to entering the stream and serve
as an irrigation source for the property, reducing runoff to the stream.
Other minor work will be incorporated into the project including repairing and stabilizing storm
sewer outfalls, adding swales or infiltration basins at culvert locations installed with a recent trail
project in Central Park, and other miscellaneous maintenance and repair items of work.
3.4 PUBLIC EDUCATION
The heavily used Shingle Creek Regional Trail is immediately adjacent to the project, so there is a
significant public education opportunity with this project. Three interpretive signs are included in this
e si
g P Pp h' P J IP g
project: one at County Road 10, one behind the Hennepin County Service Center, and one in
Brooklyn Center Central Park. In addition, the City and Watershed Commission are exploring a
partnership with Great River Greening to incorporate opportunities for adult volunteers and student
participation in this project. All of these activities enhance the creek as an aesthetic focal point for
local residents.
• 3 -3
TAl244 Brooklyn Center \02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Draftdoc
•
3.5 EXPECTED OUTCOMES
In addition to improved aesthetics and recreational opportunities, this project is expected to result
in TMDL implementation improvements that the City can take credit for in its NPDES Storm
Water Permit annual report.
The dissolved oxygen TMDL used a hydraulic model to predict the effect of various types of
implementation actions on dissolved oxygen in Shingle Creek by running "scenarios." One of
the scenarios modeled the effect of changing channel form. The model does not have enough
resolution to predict the outcomes of improving just a short reach such as Reach 2a. However,
the model can evaluate the assumption that the Creek is restored everywhere it could be restored.
Under that "channel form scenario," the model predicts that channel improvements would be
sufficient to raise dissolved oxygen in Reach 2a above the 5 mg/L minimum requirement,
although Reach 2b would likely still fall below the 5 mg/L threshold. The model scenario that •
combines the impacts of channel improvements with improvements to the water quality
discharged from Palmer Lake predicts that dissolved oxygen in Shingle Creek in both Reaches
2a and 2b would meet the dissolved oxygen water quality standard. The channel form
improvements proposed in this project are consistent with the channel form design requirements
that will be included in the TMDL, and thus will be considered as meeting the channel form
requirements of the dissolved oxygen TMDL for this reach.
The biotic TMDL will require meeting both the dissolved oxygen TMDL requirements as well as
making habitat improvements to Shingle Creek. Reaches 2a and 2b score a 76 out of 200 points
on the Rapid Bioassessment Protocol Index, which is slightly better than "poor," the lowest
category. The reaches scored very low on habitat availability; lack of substrate variability; lack
of deep pools; excess sediment deposition in pools; altered and channelized stream; and narrow
vegetative buffers. This project proposes to add a variety of habitat and substrate by adding rock
riffles and vanes, stabilized pools, and root wads and live stakes for woody substrate. Adding a
low flow channel will increase velocity during small events and base flows, thus reducing the
3 -4 •
TAl244 Brooklyn CenteA02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Draftdoc
•
amount of sediment that is deposited when streamflow slows down. Finally, buffers will be
added or enhanced to provide a more effective riparian vegetation zone. These improvements
will increase both fish and macroinvertebrate habitat as well as habitat for other aquatic and
terrestrial wildlife. The improvements will increase the Rapid Bioassessment Protocol score to
an estimated 127, which is considered "suboptimal," the second highest category. Because of the
channelization of the Creek and limitations on improvements such as restoration of meanders or
adding a very wide buffer, it is likely not possible to achieve an "optimal." However, the
proposed improvements are consistent with the recommendations of the draft biotic integrity
TMDL and thus will be considered as meeting the habitat improvement requirements of the
biotic TMDL for this reach.
•
• 3 -5
TAl244 Brooklyn Center \02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Draftdoc
•
4.0 Cost and Funding
This project is on both the City's and the Shingle Creek Watershed Management Commission's
Capital Improvement Program (CIP) for construction in 2010. It is expected that the project will be
designed in 2010 with construction occurring during 2010 and 2011.
The estimated cost of this project is $510,000, as summarized below. Amore detailed breakdown of
costs is provided in Table 1 which is attached. The project is eligible for 25 percent funding from the
Shingle Creek Watershed Management Commission through its annual capital levy special request to
Hennepin County. The project has also received approximately 20 percent ($105,237) of the funding
from in Clean Water Legacy funding. Hennepin County has agreed to contribute $23,000 as part of
its Daylighting Creeks in Hennepin County project. The City of Brooklyn Center will contribute
the remaining amount. •
Cost
Construction $400,000
Contingency (15 %) 60,000
Engineering/admin 50,000
Total Estimated Cost $510,000
Funding
Shingle Creek Watershed $127,500
Management Commission
Clean Water Legacy Grant 105,237
Hennepin County 23,000
City of Brooklyn Center 254,263
Total Estimated Funding $510,000
4 -1 •
TAl244 Brooklyn CenterW2 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study -REVISED Draft.dcc
•
Table
TAl244 Brooklyn Centar 02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility St* -REVISED Drandoc
Brooklyn Center Shingle Creek Restoration •
9
1 -94 to Bass Lake Road
Cost Estimate 6/2010 cim
Engineers Estimate
Item# Item Units Quantity Unit Cost Total Price
1 Mobilization /Demobilization LS 1 $10,000.00 $10,000.00
2 Tree protection fence LF 500 $3.00 $1,500.00
3 Property boundary boulders LS 1 $2,500.00 $2,500.00
4 Clear, grub, herbicide LS 1 $25,000.00 $25,000.00
5 Trees larger than 6" cut, herbicided Ea 30 $2510.00 $7,500.00
6 Boulder toe LF 200 $40.00 $8,000.00
7 Compost log LF 1,000 $5.00 $5,000.00
8 Riffles in channel -south Ea 4 $7,500.00 $30,000.00
9 Plunge pools Ea 5 $5,000.00 $25,000.00
10 Root wads Ea 30 $600.00 $18,000.00
11 Live stakes Ea 1,100 $5.00 $5,500.00
12 Streambank plugs /ECB /mulch -south Ea 5,000 $5.00 $25,000.00
13 Streambank plugs /ECB /mulch -north Ea 1,000 $5.00 $5,000.00
14 Mesic/Upland Seed /compost -south Acre 3 $10,000.00 $25,000.00
15 Mesic/Upland Seed /compost -north Acre 6 $10,000.00 $60,000.00
16 Shrubs -south Ea 400 $35.00 $14,000.00
17 Shrubs -north SY 200 $35.00 $7,000.00
18 Trees Ea 20 $100.00 $2,000.00
19 Goose fence -south LF 3,000 $3.00 $9,000.00 •
20 Goose fence - north LF 15,000 $3.00 $45,000.00
21 Interpretive signs Ea 3 $5,000.00 $15,000.00
22 Plant Establishment (3 years) LS 1 $25,000.00 $25,000.00
23 Stormwater Pond /Infiltration Basin LS 1 $30,000 $30,000.00
24
25
Subtotal $400,000.00
Contingency 15% $60,000.00
Eng /admin $50,000.00
TOTAL $510,000.00
•
TAl244 Brooklyn CenterX02 Shingle Creek Restoration\B Center Cost EstimateAs
•
Figu
TA 1244 Brooklyn Center\02 Shingle Creek Restoration\Shingle Creek Erosion Repair Feasibility Study - REVISED Draftdoc
t• ! �, '•.
a 4 k . �-
4
- 4• � it�t• '
. - r
=y, - Live staking f
r
r
9p S
If
From I -94 to the wetland. (north area) ..� .
J11111 �r • r generally thin npanan vegetation as necessary,
r ` - _1? Plant 5' to 30' native seeded buffer depending
on available space. Protect with goose control
fencing for at least 2 years Three years contractor
N a ` buffer maintenance. Add 15 -20 root wads in various
<^ locations for habitat erosion control.
JON
r 7
i? !
If
r �'- 10[. i • 'T
Ir
04
e sr e
i
# r�
mil. 4 r
�A. .. � � I -i •T
' BC Stream Restoration
•V•� � � 5' to 30' native buffer
Boulder ice and
v live staking -- S ' -10' native buffer -
s,:J Boulder toe /live stakes
f
* J t
Live stakes
r Plunge pool
f :w --
it �yq "— LMIC Map Se— A—I PM1OtO
200 100 0 200
Feet
w I _ J I — ` �r L�tzaan,vnmec weam mmeo. m.m
SHINGLE CREEK WMC/ SEP 2009
CITY OF BROOKLYN CENTER ' Engineers - Scientists
Shingle Creek 1 -94 to Wetland I ... -- ol1,eek, enter Figure 1
m
Envrconentat En ineers Maple Plain. MN 55359 -Oa2g
w / F
'ILr'MsN � • t � ' � ' 9
IR� < _ u 1 .r• I
_ i �, "f r
s�
On city -owned property, thin trees, plant shrub screen.
add boulder property corner markers to indicate edge " f
of private property '
l 4
r c ^ /.y
Ilk, Plunge pools /energy �
• - '�' dissipation at outfalls ti _ I tr •
�► i . %
Ar
_ y For the segment from the edge of wetland to CR 10
_ - r •.�' 9' - (south area). generally. thin trees, use 10 -15 suitable trees r, L
{ for rootwad installation. Plant banks with native plugs,
plant 5 -30' native seeded upland buffer. Protect with goose I I'
control fencing for at least 2 years. Three years
- contractor maintenance Add four rock riffles and
7 Tj stabilized rock plunge pools at outfalls
tj
rPondllnfItration ,i
r
-
;' BC Stream Restoration
At r �•' ! - t�l,�. � •40 �, ;s 5' to 30' native buffer f.
tr:7lf ". 1 Welt 1 M w"," - - -- r
�: Plunge pool
fr r L!R'�IM*vasrt ii 1 r' '
�. Riffle area �
Pond /Infiltration Hasi
LMIC Map Servtt Aera'. Phdo
- __. _...�....�.•,a f- .k._... _ __. - � 200 100 0 200
-r —_ Feet
�' •
-C' � '�
SHINGLE CREEK WMC/ - WPr1C�< SEP 2009
Engineers - Scientists
Shingle Creek Wetland to County Road 10 vvenr —ixia,es me ,auonnnaa,cmaKCenter Figure 2
Environmental t meers Ma le Plain. MN 55359 -0929
City Council Agenda Item No. 6g
•
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer S �
SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 2009 -18,
Contract 2009 -I, Bass Lake Road Streetscape and Regional Trail Project
Recommendation:
It is recommended that the City Council approve the Resolution for Change Order No. 1,
Improvement Project No. 2009 -18, Contract 2009 -1, Bass Lake Road Streetscape and Regional
Trail Project.
Background:
On January 25, 2010, the City Council awarded a contract to Peterson Companies, Inc., of
Chisago City, Minnesota for the Bass Lake Road Streetscape and Regional Trail Project. The
project began in April 2010, and is anticipated to be completed by October 2010. The following
represents originally unanticipated rtcros and are included in Change Order No.
1 that is
recommended to amend the Contract to complete the project.
1. Topsoil Borrow — Existing soils in several locations were found to be unsuitable for
the prescribed planting areas as anticipated. Additional topsoil was needed in these
• areas. The contract price was for $27.22 per cubic yard of import topsoil but Peterson
Companies agreed to amend the topsoil located within the project corridor and placed
the topsoil at a price of $13.61 per cubic yard (loose volume). 368 Cubic Yards (LV).
Estimated Additional Cost: $5,008.48
2. Modular Blockwall Sealant — The original contract documents did not include sealant
for the retaining walls. This omission was in error. However, if the sealant would
have been included in the original contract, it is anticipated that the cost to provide
the required sealant would have been similar to this negotiated cost of $0.52 per
square foot. 13,360 Square Feet.
Estimated Additional Cost: $6,907.12
3. Waste Receptacle Tops — The waste receptacle tops were incorrectly prescribed in the
specifications and the Change Order accommodates a domed top that will match the
waste receptacles that were installed on Xerxes Avenue in 2009. The cost adjustment
is the price difference between the originally prescribed flat top and the domed top
that amounts to $71.46 per each. 6 Each.
Estimated Additional Cost: $428.75
4. Hand Hole — Six hand holes were determined during construction as unable to be
adjusted as originally prescribed in locations where the pedestrian curb ramps are
• proposed. Although the contract included a pay item for hand holes, additional work
was needed to retrofit these new hand holes to the existing lighting and signal systems
and were not classified as equal work to the contracted item. The hand holes were
Alisstnn: Ensuring an attractive, clean sale cnmmuniry that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
replaced at a negotiated unit price of $800.00 per hand hole. 6 Hand Holes. •
Estimated Additional Cost: $4,800.00
5. Revise Signal System "C" — The original contract documents included an error that
listed the traffic signal mast arm length differently in multiple locations in the plan.
This item was discovered during the shop drawing review of the traffic signal items.
Although this item was in error during bidding, the contractors indicated that they
were unaware of this contradiction during bidding. The negotiated additional cost is
half of what was originally requested by the Contractor to extend the length of two of
the mast arms by five -feet as needed. The additional cost is for additional material
costs by the supplier.
Estimated Additional Cost: $2,655.54
6. Pavement Marking Special — The original contract documents did not include the
necessary quantity for the crosswalk markings. This was an error by the design
engineer and was not realized by City, County, Park District or Mn/DOT staff during
the plan review. A quantity error on a single project work item typically has little
effect on the overall project cost. However, this was a significant quantity error. Due
to this significant increase in quantity and the realization of economies in performing
more work that is similar in nature, the Contractor has agreed to lower the unit price
for the work pertaining to this item in its entirety. The original unit price was $14.49
per square foot and the negotiated revised unit price is $13.74 per square foot. The
original quantity was 5,850 square feet and the necessary estimated quantity is 10,600 •
square feet. The original total amount for this item was $84,766.50 and the revised
amount is $145,644.00.
Estimated Net Additional Cost: $60,877.50
Total Change Order 1: $80,677.39
Budget Issues:
The attached resolution authorizes Change Order No. 1 for the project. The original contract
amount was $3,132,609.36. Change Order No. 1 increases the contract amount to $3,213,286.75.
The total amount of Change Order No. 1 ($80,677.39) represents approximately 2.6 percent of
the original contract amount and is within the project's budgeted contingency amount
($240,000.00).
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
•
Aliss1on , Ensuring an attractive, e, clean, ,safe rnnuuunitp that enhances the quallty of 1t fC and preserves the public trust
• its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT
PROJECT NO. 2009 -18, CONTRACT 2009 -I, BASS LAKE ROAD
STREETSCAPE AND REGIONAL TRAIL PROJECT
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Peterson Companies, Inc. of Chisago City, Minnesota, was instructed to complete additional work as
itemized on Change Order No. 1 for Contract 2009 -I; and
WHEREAS, said additional work was not included in the original Contract, but is
deemed necessary to properly complete the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that Change Order No. 1 in the amount of $80,677.39 for Contract
2009 -I is hereby approved the City Manager is hereby authorized to execute the approved change
order. The revised contract amount is as follows:
Original Contract Amount $3,132,609.36
• Change Order No. 1 $ 80,677.39
Revised Contract Amount $3,213,286.75
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof.
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
p Yp p
•
City Council Agenda Item No. 6h
•
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager ,p
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Authorizing the Execution of a Limited Use Permit for the County
Road 57 Streetscape Project No. 2010 -17 between the Minnesota Department of
Transportation and the City of Brooklyn Center
Recommendation:
It is recommended that the City Council consider approval of the Resolution Authorizing the
Execution of a Limited Use Permit for the County Road 57 Streetscape Project No. 2010 -17
between the Minnesota Department of Transportation and the City of Brooklyn Center.
Background:
Much of the County Road 57 Streetscape Project falls outside of City right -of -way. Most of the
improvements fall within County right -of -way and within City easement. However, a portion of the
westerly 200 -ft of the proposed project falls within Mn/DOT right -of -way.
Once constructed, the streetscape and a portion of the trail improvements included under this project
will remain the responsibility of the City. In accordance with Mn/DOT policy, a limited use permit
• is required to construct, maintain and operate a sidewalk and trial that fall within State right -of -way.
The attached limited use permit outlines the responsibilities of each party. The conditions of the
permit are straightforward, standard and complimentary to City practices that are already in place.
This permit is similar to the permit that was executed as part of the Bass Lake Road Streetscape and
Regional Trial Project.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
2. We will aggressively proceed with implementation of City's redevelopment plans
Ongoing:
5. We will improve the image of the City with citizens and others
•
:19issroa. Tn:surinG ara attractri e, elearr cafe conrruunity that enhances the quality of 1ife and preserves the public trust
its adoption: Member introduced the following resolution and moved •
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT
FOR THE COUNTY ROAD 57 STREETSCAPE PROJECT NO. 2010 -17
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF BROOKLYN CENTER
WHEREAS, the City of Brooklyn Center ( "City ") and the Minnesota Department of
Transportation ( "Mn/DOT ") have been working cooperatively to advance a project to provide
streetscape and trail improvements to the County Road 57 corridor from Highway 100 to Logan
Avenue; and
WHEREAS, the project is multi jurisdictional, involving the Minnesota Department
of Transportation, Hennepin County and the City; and
WHEREAS, a portion of the proposed improvements are located within Mn/DOT
right -of -way; and
WHEREAS, the City and Mn/DOT desire to set forth their various construction
maintenance and operation responsibilities for these improvements in a Limited Use Permit, under •
the provisions of Minnesota Statute, Section 161.434
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The provisions of the Mn/DOT Limited Use Permit No. 2755 -0131, between
the City of Brooklyn Center and Mn/DOT are hereby accepted and approved,
and the Mayor and City Manager are hereby authorized and directed to
execute said agreement.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the followin g g voted against the same: •
whereupon said resolution was declared duly passed and adopted.
•
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT FOR
NONMOTORIZED RECREATIONAL TRAIL
C.S. 2755 T.H. 100
City of Brooklyn Center
County of Hennepin
LUP # 2755 -0131
In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as
the Federal -Aid Policy Guide, a Limited Use Permit is hereby granted to.City Of Brooklyn
Center, Permittee. This permit is for the purpose of constructing, maintaining and operating a
nonmotorized recreational trail, (hereinafter called trail), within the right of way of Trunk
• Highway No(s). 100 at County Road 57 as shown in red bn Exhibit "A ", which is attached
hereto and incorporated herein by reference.' This permit is executed by the Permittee
pursuant to the attached resolution. In addition, this following special provisions shall apply:
SPECIAL PROVISIONS
1. The construction, maintenance; and supervision of the trail shall be at no expense to the
Minnesota Department of Transportation.
2. Before construction of any kind, the plans for such construction shall be approved in
writing,by the Minnesota Department of Transportation, through the District Engineer.
3. No permanent structure(s) pr advertising device(s) in any manner, form or size shall
be constructed, placed or permitted to be constructed or placed upon the State of
Minnesota right of way.
4. No commercial activity or - activities shall be allowed to operate upon. said State of
Minnesota right of way,,'"
5. Any and all maintenance of the trail, and all facilities a part thereof, shall be provided by
the Permittee; this includes, but is not limited to, the plowing and removal of snow, and
the installation and removal of regulatory signs.
LUP — Nonmotorized Recreational Trail Page 1 of 4 LU1001 8/3/2010
•
6. This permit is non - exclusive and is granted subject to the rights of others, including, but
not limited to public utilities which may occupy said right of way.
7. The Permittee shall preserve and protect all utilities located on the lands covered by this
permit at no expense to the Minnesota Department of Transportation and it shall be the
responsibility of the Permittee to call the Gopher State One Call System
at 1- 800 - 252 -1166 at least 48 hours prior to performing any excavation.
8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline
of the highway and shall provide and ensure reasonable and adequate stopping sight
distance. `
9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A"
subject to verification by the Minnesota Department of Transportation District Engineer
that the construction geometries and procedures result in a`trail that is compatible with
the safe and efficient operation of the highway facility.
10. Approval from Minnesota Department of Transportation District Engineer shall be
required for any changes from the.approved plan.
11. Upon completion of the construction' of the trail, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated. •
12. This P ermit does not release the Permittee from any liability or obligation imposed by
federal law, Minnesota Statutes, local ordinances, or other agency regulations relating
thereto and any necessary permits,relating thereto shall be applied for and obtained by
the Permittee:
Tea
13. Any use permitted 'by'this permit shall remain subordinate to the right of the Minnesota
Department of Transportation to use the property for highway and transportation
purposes. This permit does not grant any interest whatsoever in land, nor does it
establish a permanent park;.recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does
this permit establfsh a Bikeway or Pedestrian way which would require replacement
pursuant to Minnesota Statutes Section 160.264.
14. This permit shall be subject to cancellation and termination by the Minnesota
Department of Transportation, with or without cause, by giving the Permittee 90
days written notice of such intent. Upon said notice of cancellation the trail shall be
removed within 90 days by the Permittee. Upon cancellation of said permit, or any
portion thereof, the Permittee will be required to return and restore the area to a
condition satisfactory to the Minnesota Department of Transportation District Engineer.
The removal of the trail and the return and restoration of the area shall be at no cost to
the Minnesota Department of Transportation and at the sole expense of the Permittee.
LUP — Nonmotorized Recreational Trail Page 2 of 4 LU1001 8/3/2010
•
15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions
of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no
person in the United States, shall on the grounds of race, color, or national origin, be
excluded from, or denied use of any trail.
16. The State of Minnesota, through its Commissioner of Transportation, shall retain the
right to limit and /or restrict the parking of vehicles and assemblage of trail users on the
highway right of way over which this permit is granted, so as to maintain the safety of
both the motoring public and trail users.
17. No assignment of this permit is allowed.
18. The Permittee shall not dispose of any materials regulated by any governmental or
regulatory agency onto the ground, or into any body of water, or into any container on
the State's right of way. In the event of spillage of regulated materials, the Permittee
shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federal, state and local'laws and regulations,
at the sole expense of the Permittee.
19. The Permittee shall hold harmless and indemnify'the State of Minnesota, its
Commissioner of Transportation` and employees and. its successors and assigns, from
liability claims for damages because of bodily injury, death, property damage, sickness,
• disease, or loss and expense arising from the operations of the trail or from the use of
the portion of highway `right of way over which this :permit is granted.
20. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation,and employees and its successors and assigns from
claims arising or resulting fro th temporary.or permanent termination of trail user
rights on any portion of highway right of way over which this permit is granted.
21. The Permittee will hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and, employees from claims resulting from temporary or
permanent changes in drainage patterns resulting in flood damages.
22. The Permittee (for, itself, its`contractors, subcontractors, its materialmen, and all other
persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialrnens' liens or other liens or claims of any kind whatsoever shall
be filed or maintained by it or by any subcontractor, materialmen or other person or
persons acting for, through or under it or any of them against the work and /or against
said lands, for or on account of any work done or materials furnished by it or any of
them under any agreement or any amendment or supplement thereto; agrees to
indemnify and hold harmless the State of Minnesota from all such liens and claims.
•
LUP — Nonmotorized Recreational Trail Page 3 of 4 LU1001 8/3/2010
•
MINNESOTA DEPARTMENT CITY OF BROOKLYN CENTER,
OF TRANSPORTATION
By:
RECOMMENDED FOR
APPROVAL Its
And
Its
Date
By:
•
District Engineer
Date
APPROVED'"`BY:
COMMISSIONER OF TRANS ORTAT40N
By:
Director, Office of Land Management
Date
The Commissioner of Transportation '
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes. •
LUP — Nonmotorized Recreational Trail Page 4 of 4 LU1001 8/3/2010
City Council Agenda Item,No. 6g
•
s
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 2009 -18,
Contract 2009 -I, Bass Lake Road Streetscape and Regional Trail Project
Recommendation:
It is recommended that the City Council approve the Resolution for Change Order No. 1,
Improvement Project No. 2009 -18, Contract 2009 -I, Bass Lake Road Streetscape and Regional
Trail Project.
Background:
On January 25, 2010, the City Council awarded a contract to Peterson Companies, Inc., of
Chisago City, Minnesota for the Bass Lake Road Streetscape and Regional Trail Project. The
project began in April 2010, and is anticipated to be completed by October 2010. The following
represents originally unanticipated items and are included in Change Order No. 1 that is
recommended to amend the Contract to complete the project.
L Topsoil Borrow — Existing soils in several locations were found to be unsuitable for
• the prescribed planting areas as anticipated. Additional topsoil was needed in these
areas. The contract price was for $27.22 per cubic yard of import topsoil but Peterson
Companies agreed to amend the topsoil located within the project corridor and placed
the topsoil at a price of $13.61 per cubic yard (loose volume). 368 Cubic Yards (LV).
Estimated Additional Cost: $5,008.48
2. Modular Blockwall Sealant — The original contract documents did not include sealant
for the retaining walls. This omission was in error. However, if the sealant would
have been included in the original contract, it is anticipated that the cost to provide
the required sealant would have been similar to this negotiated cost of $0.52 per
square foot. 13,360 Square Feet.
Estimated Additional Cost: $6,907.12
3. Waste Receptacle Tops — The waste receptacle tops were incorrectly prescribed in the
specifications and the Change Order accommodates a domed top that will match the
waste receptacles that were installed on Xerxes Avenue in 2009. The cost adjustment
is the price difference between the originally prescribed flat top and the domed top
that amounts to $71.46 per each. 6 Each.
Estimated Additional Cost: $428.75
4. Hand Hole — Six hand holes were determined during construction as unable to be
adjusted as originally prescribed in locations where the pedestrian curb ramps are
proposed. Although the contract included a pay item for hand holes, additional work
was needed to retrofit these new hand holes to the existing lighting and signal systems
and were not classified as equal work to the contracted item. The hand holes were
19isscnn. Insuring an attractive, clean safe Community that enhances the quality oaf life and preserves the public trust
COUNCIL ITEM MEMORANDUM
replaced at a negotiated unit price of $800.00 per hand hole. 6 Hand Holes. •
Estimated Additional Cost: $4,800.00
5. Revise Signal System "C" — The original contract documents included an error that
listed the traffic signal mast arm length differently in multiple locations in the plan.
This item was discovered during the shop drawing review of the traffic signal items.
Although this item was in error during bidding, the contractors indicated that they
were unaware of this contradiction during bidding. The negotiated additional cost is
half of what was originally requested by the Contractor to extend the length of two of
the mast arms by five -feet as needed. The additional cost is for additional material
costs by the supplier.
Estimated Additional Cost: $2,655.54
6. Pavement Marking Special — The original contract documents did not include the
necessary quantity for the crosswalk markings. This was an error by the design
engineer and was not realized by City, County, Park District or Mn/DOT staff during
the plan review. A quantity error on a single project work item typically has little
effect on the overall project cost. However, this was a significant quantity error. Due
to this significant increase in quantity and the realization of economies in performing
more work that is similar in nature, the Contractor has agreed to lower the unit price
for the work pertaining to this item in its entirety. The original unit price was $14.49
per square foot and the negotiated revised unit price is $13.74 per square foot. The
original quantity was 5,850 square feet and the necessary estimated quantity is 10,600 •
square feet. The original total amount for this item was $84,766.50 and the revised
amount is $145,644.00.
Estimated Net Additional Cost: $60,877.50
Total Change Order 1: $80,677.39
Budget Issues:
The attached resolution authorizes Change Order No. 1 for the project. The original contract
amount was $3,132,609.36. Change Order No. 1 increases the contract amount to $3,213,286.75.
The total amount of Change Order No. 1 ($80,677.39) represents approximately 2.6 percent of
the original contract amount and is within the project's budgeted contingency amount
($240,000.00).
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
•
Alis.sion: Ensuring an attractive, clean safe community that enhances the quality of life and preserves the public trust
• its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT
PROJECT NO. 2009 -18, CONTRACT 2009 -I, BASS LAKE ROAD
STREETSCAPE AND REGIONAL TRAIL PROJECT
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Peterson Companies, Inc. of Chisago City, Minnesota, was instructed to complete additional work as
itemized on Change Order No. 1 for Contract 2009 -I; and
WHEREAS, said additional work was not included in the original Contract, but is
deemed necessary to properly complete the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that Change Order No. 1 in the amount of $80,677.39 for Contract
2009 -1 is hereby approved the City Manager is hereby authorized to execute the approved change
order. The revised contract amount is as follows:
Original Contract Amount $3,132,609.36
• Change Order No. 1 $ 80,677.39
Revised Contract Amount $3,213,286.75
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by<member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 6h,
•
•
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer 01
SUBJECT: Resolution Authorizing the Execution of a Limited Use Permit for the County
Road 57 Streetscape Project No. 2010 -17 between the Minnesota Department of
Transportation and the City of Brooklyn Center
Recommendation:
It is recommended that the City Council consider approval of the Resolution Authorizing the
Execution of a Limited Use Permit for the County Road 57 Streetscape Project No. 2010 -17
between the Minnesota Department of Transportation and the City of Brooklyn Center.
Background:
Much of the County Road 57 Streetscape Project falls outside of City right -of -way. Most of the
improvements fall within County right -of -way and within City easement. However, a portion of the
westerly 200 -ft of the proposed project falls within Mn/DOT right -of -way.
Once constructed, the Streetscape and a portion of the trail improvements included under this project
will remain the responsibility of the City. In accordance with Mn/DOT policy, a limited use permit
• is required to construct, maintain and operate a sidewalk and trial that fall within State right -of -way.
The attached limited use permit outlines the responsibilities of each party. The conditions of the
permit are straightforward, standard and complimentary to City practices that are already in place.
This permit is similar to the permit that was executed as part of the Bass Lake Road Streetscape and
Regional Trial Project.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
2. We will aggressively proceed with implementation of City's redevelopment plans
Ongoing:
5. We will improve the image of the City with citizens and others
•
Mission: Ensuring an attractive, clean safe comnruniry that enhances the quality of life and preserves the public trust
Member introduced the following resolution and moved •
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT
FOR THE COUNTY ROAD 57 STREETSCAPE PROJECT NO. 2010 -17
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF BROOKLYN CENTER
WHEREAS, the City of Brooklyn Center ( "City ") and the Minnesota Department of
Transportation ( "Mn/DOT ") have been working cooperatively to advance a project to provide
streetscape and trail improvements to the County Road 57 corridor from Highway 100 to Logan
Avenue; and
WHEREAS, the project is multi jurisdictional, involving the Minnesota Department
of Transportation, Hennepin County and the City; and
WHEREAS, a portion of the proposed improvements are located within Mn/DOT
right -of -way; and
WHEREAS, the City and Mn/DOT desire to set forth their various construction
maintenance and operation responsibilities for these improvements in a Limited Use Permit, under •
the provisions of Minnesota Statute, Section 161.434
NOW, ' THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The provisions of the Mn/DOT Limited Use Permit No. 2755 -0131, between
the City of Brooklyn Center and Mn/DOT are hereby accepted and approved,
and the Mayor and City Manager are hereby authorized and directed to
execute said agreement.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the followin g g voted against the same: •
whereupon said resolution was declared duly passed and adopted.
•
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT FOR
NONMOTORIZED RECREATIONAL TRAIL
C.S. 2755 T.H. 100
City of Brooklyn Center
County of Hennepin
LUP # 2755 -0131
In accordance with Minnesota Statutes Section 161.434 and 23 C.F R. Q52 also published as
the Federal -Aid Policy Guide, a Limited Use Permit, is hereby granted to,City Of Brooklyn
Center, Permittee. This permit is for the purpose of'constructing, maintaining and operating a
nonmotorized recreational trail, (here:inafter called trail), within the right of way of Trunk
• Highway No(s). 100 at County Road 57 as shown in red on Exhibit "A ", which is attached
hereto and incorporated herein by reference., This permit is executed by the Permittee
pursuant to the attached resolution. In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. The construction, maintenance; and supervision of the trail shall be at no expense to the
Minnesota. Department of Trar sportation.
2. Before`construction of any kind, the plans for such construction shall be approved in
writing by the Minnesota Department of Transportation, through the District Engineer.
3. No permanent structure(s) ur advertising device(s) in any manner, form or size shall
be constructed, , or permitted to be constructed or placed upon the State of
Minnesota rightpf way.
4. No commercial activity or activities shall be allowed to operate upon. said State of
Minnesota right of way:
5. Any and all maintenance of the trail, and all facilities a part thereof, shall be provided by
the Permittee; this includes, but is not limited to, the plowing and removal of snow, and
the installation and removal of regulatory signs.
•
LUP — Nonmotorized Recreational Trail Page 1 of 4 LU1001 8/3/2010
•
f
6. This permit is non-exclusive and is granted subject to the rights o others including, but
utilities m occupy said right of wa
not limited to public ut es which may py . g y
7. The Permittee shall preserve and protect all utilities located on the lands covered by this
permit at no expense to the Minnesota Department of Transportation and it shall be the
responsibility of the Permittee to call the Gopher State One Call System
at 1- 800 -252 -1166 at least 48 hours prior to performing any excavation.
8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline
of the highway and shall provide and ensure reasonable and adequate stopping sight
distance.
9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A"
subject to verification by the Minnesota Department of Transportation District Engineer
result in a trai that Is compatible le with
h construction eometrics and procedures e
that the P
9 P
the safe and efficient operation of the highway facility.
10. Approval from Minnesota Department of Transportation District Engineer shall be
required for any changes from the approved plan:
11. Upon completion of the construction of,the trail, the ,Permittee shall restore all disturbed
slopes and ditches in such manner-that drainage, erosion control and aesthetics are
perpetuated.
12. This permit does riot release the Permittee from any - liability or obligation imposed by
federal law, Minnesota Statutes, local ordinances, or other agency regulations relating
thereto and any necessary permats,relating thereto shall be applied for and obtained by
the Permittee:
13. Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportation to -use the property for highway and transportation
purposes., This permit does not grant any interest whatsoever in land, nor does it
establish a' permanent park,:, ,recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does
this permit establish a Bikeway or Pedestrian way which would require replacement
pursuant to Minnesota Statutes Section 160.264.
14. This permit shall be subject to cancellation and termination by the Minnesota
Department of Transportation, with or without cause, by giving the Permittee 90
s written notice of such inten p
days
t. Upon said notice of cancellation the trail shall be
cancellation of said permit, or an
Upon ca ,
removed within 90 days b the Permittee. p Y
Y P
Y
portion thereof, the Permittee will be required to return and restore the area to a
condition satisfactory o the Minnesota Department of Transportation District Engineer.
Y P P
The removal of the trail and the return and restoration of the area shall be at no cost to
the Minnesota Department of Transportation and at the sole expense of the Permittee.
LUP — Nonmotorized Recreational Trail Page 2 of 4 LU1001 8/3/2010
•
15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions
of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no
person in the United States, shall on the grounds of race, color, or national origin, be
excluded from, or denied use of any trail.
16. The State of Minnesota, through its Commissioner of Transportation, shall retain the
right to limit and /or restrict the parking of vehicles and assemblage of trail users on the
highway right of way over which this permit is granted, so as to maintain the safety of
both the motoring public and trail users.
17. No assignment of this permit is allowed.
18. The Permittee shall not dispose of any materials. regulated by any governmental or
regulatory agency onto the ground, or into any body of water, or into any container on
the State's right of way. In the event of spillage of regulated materials, the Permittee
shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federal, state and local laws and regulations,
at the sole expense of the Permittee.
19. The Permittee shall hold harmless indemnify °the State of Minnesota, its
Commissioner of Transportation.and employees and its successors and assigns, from
liability claims for damages because of bodily injury, death, property damage, sickness,
• disease, or loss and,expense arising from the operations of the trail or from the use of
the portion of highway right of way over which this permit is` granted.
20. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns from
claims arising or n resu.lting from the temporary or permanent termination of trail user
rights. on any portion, of highway right of way over which this permit is granted.
21. The Permittee will hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees from claims resulting from temporary or
permanent changes in drairiage patterns resulting in flood damages.
22. The Permittee (W itself, its contractors, subcontractors, its materialmen, and all other
persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall
be filed or maintained by it or by any subcontractor, materialmen or other person or
persons acting for, through or under it or any of them against the work and /or against
said lands, for or on account of any work done or materials furnished by it or any of
them under any agreement or any amendment or supplement thereto; agrees to
indemnify and hold harmless the State of Minnesota from all such liens and claims.
•
LUP — Nonmotorized Recreational Trail Page 3 of 4 LU1001 8/3/2010
•
MINNESOTA DEPARTMENT CITY OF BROOKLYN CENTER,
OF TRANSPORTATION
By:
RECOMMENDED FOR
APPROVAL Its
And
Its
Date
y.
•
By:
District Engineer
Date
APPROVED
COMMISSIONER OF TRANSPORTATION
By:
Director, Office of Land Manage" ment
Date
The Commissioner of Transportation `
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes. •
LUP — Nonmotorized Recreational Trail Page 4 of 4 LU1001 8/3/2010
City Council Agenda Item No. 7a
There are no materials for this item.
City Council Agenda Item No. 7b
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Recognizing and Commending Residents' Achievements in
the 2010 City of Brooklyn Center Landscape and Garden Contest
Recommendation:
It is recommended that the City Council consider approval of the resolution recognizing and
commending residents' achievements in the 2010 City of Brooklyn Center Landscape and
Garden Contest.
Background:
The Landscape and Garden contest was initiated in 1995 as part of a community effort to
promote beautification and enhancement of properties in the City. Master Gardener Ably Assefa
of Brooklyn Center volunteered his time to judge this year's contest.
This year, three applications were received. As each applicant had something unique to offer, it
was decided there would not be one "winner ". Instead, we would like to recognize and honor
each applicant as follows for all of their efforts and hard work:
• Linda and Randy Davis
6919 Toledo Avenue North
This property boasts a wide variety of plants and flowers including day lilies, irises, bee balm,
phlox, roses and various hosts that are displayed nicely in mulch. The use of a downspout
directed into the plant bed is a wonderful touch which shows great environmental stewardship.
The use of cacti adds an interesting, fun and original twist. The ivy that grows up onto the house
together with the pretty archway, original birdbath (crafted by Linda Davis out of large plant
leaves from her garden) and bird house are just some of the items that add to the unique
character. Enter through the arbor on the side of the house . and a path leads you to a backyard
with a "secret garden" feel, filled with multiple gardens and several areas to sit, relax and just
enjoy the view.
Mary and Tim Czech
6025 Halifax Avenue North
Take a look at this well- maintained front yard and immediately your eye is drawn to the pretty
pine and maple trees that are surrounded by various colorful flowers and plants such as
hydrangeas, cone flowers, irises, peonies, varied lilies, hosts and shrubs, all of which are nicely
displayed in mulch. The stone path invites you to take a stroll through the yard toward the newly
established landscaping which includes large boulders framing a hill that is full of the various
flowers, all lending to the great curb appeal. It will be exciting to see the progress over the years
as the Czechs continue to expand their garden area. A peek at the backyard reveals another
• lovely area that includes a pond complete with lily pads and is currently home to three Koi fish.
This residence is truly an inviting place to come home to.
Mission: I:'nsuring an attractive, clean, :safe community that enhances the quali(v of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Susan Langston •
5517 Twin Lake Boulevard East
This front yard display was very creative in both concept and design. Several unique and
interesting ornamentals were used throughout the design. This "labyrinth" (which by definition
means maze) invites residents to wind their way through the wood chip path bordered by stones
from Minnesota which lead to a center sandstone bench where one can reflect, receive, pray or
just sit and enjoy the outdoors. Susan Langston created this distinctive area with the help of
several neighbors in order to help foster harmony, peace and goodwill within the community.
Later this summer, a descriptor sign will be in place which encourages everyone to take their
own personal journey.
Budget Issues:
Gift certificates that are being presented were provided by the Brooklyn Center American
Legion.
Council Goals:
Ongoing:
5. We will improve the image of the City with citizens and others
•
•
Alission: / assuring an attractive, clean safe community that enhances the qualioti of life and preserves the public trust
• its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION RECOGNIZING AND COMMENDING RESIDENTS'
ACHIEVEMENTS IN THE 2010 CITY OF BROOKLYN CENTER LANDSCAPE
AND GARDEN CONTEST
WHEREAS, the City Council desires to acknowledge and support the efforts of
citizens and area businesses to promote beautification of residential and commercial properties in
Brooklyn Center; and
WHEREAS, the Council is appreciative of the hard work and efforts of many
residents in gardening and landscaping their properties.
OW THEREFORE BE IT RESOLVED b the City Council of the City N � Y Y of
Brooklyn Center, Minnesota, that the following residents are to be recognized and honored for their
achievements regarding the 2010 City of Brooklyn Center Landscape and Garden Contest:
Linda and Randy Davis
• 6919 Toledo Avenue North
Mary and Tim Czech
6025 Halifax Avenue North
Susan Langston
5517 Twin Lake Boulevard East
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
• whereupon said resolution was declared duly passed and adopted.
� �N ��& E w � •'ti ya
Ik
Y ,F �,
LJOO U@pJeE) a
"
i
e edee
-
p,� W�
a
rx �r
' Al
m u
�� 0i
zz'
4
> r ,
� Irdi t ee, � u
� � �' • �. �� war 4. � � ;'�
s
y ,
_
Linda & Randy Davis x
g� 6919 Toledo Ave N
41111'YR
w�
I
> } F
S
l �
i-
�I r
- � r
V i
M'
�n
y
u
m
ynt
i
N ,
. e . ar... men-. ,,' � y.. .e ._ Ss? .... � .��'' .. .: Y^ ., �.>, ,•':
Al
x
V
mom
4.�
M 1 , ,
cc
t�
i
�w
Susan Langston
'4 1.
5517 Twin Lake Blvd E
MAP
88
M.
iQ a X11 ' Y f ii. ���� w✓ •, �� , rl
„
�^ a
F• t s e7g x
,�. �' •�- a „'« "�
x
�,'', �
� F
.6
,
f IF I
fk�
:k 0
-S P: U e"l
UAj oj A
�i.
d
a
-aql Ul � Rd. I -e 9
1 0 1
t""n'l �,lj U00
S�Ueql pue
1 0 �oz
r v
f l
i
Et
r E �
,
3 9 ss55
I
spe S : he
it s✓ "+�'.
#
#
f d
t
�
a
merican
Brook[' 0 er'A
--1
'ovi
"ded a
egion 'h
ation
a r o
mon:Et� fo r t
purchase"bf 'Ift certificates
h., .r
w inners '.
� k
gx v"L
ti
' fa y v
t
City Council Agenda .Item No. 10a
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Approving the Request for Nonpublic Sale of the Non - Conservation
Tax Forfeited Land at 5800 Bryant Avenue North to the City of Brooklyn Center
by Hennepin County
Recommendation:
It is recommended that the City Council consider approval of the attached Resolution Approving
the Request for Nonpublic Sale of the Non - Conservation Land at 5800 Bryant Avenue North to
the City of Brooklyn Center by Hennepin County.
Background:
Hennepin County periodically provides the City of Brooklyn Center a list of tax - forfeited land
within the City. In accordance with Minnesota Statue 282, the County requests that the City
review the forfeited land regarding the conservation or non - conservation status and resolves or
approves the parcels for public auction, for auction to adjacent landowners, or requests public
use conveyance or nonpublic sale to the City.
. The property located at 5800 Bryant Avenue North is bounded by single - family private property
on the north and east sides, public road right -of -way on the south side (58 Avenue North) and
public road right -of -way on the west side (Bryant Avenue North). The property has been
reviewed and no unusual encumbrances are known to exist that would warrant special
consideration or restrictions (see attached figure). A special assessment search was performed
which revealed outstanding special assessments of $4,303.71 at the City of Brooklyn Center and
$1,397.75 at the County.
Upon review of the parcel in consideration of the surrounding land uses and the City's
comprehensive plan, staff deems it would serve no public purpose that would warrant a
conservation designation. The Business and Development Director has reviewed the property
and has indicated that it falls within the Target Area of the Neighborhood Stabilization Program.
The appropriate use of the property is non- conservation and we recommend approving the parcel
for nonpublic sale to the City of Brooklyn Center. Upon approval, City staff is prepared to
further pursue the acquisition of this property, accordingly.
Budget Issues:
Should the City Council approve this resolution and the County accepmhe City's request, staff
would then further evaluate the affordability and options of the purchase. The City Council and
the Economic Development Authority will also need to further evaluate the costs for
acquisition/rehabilitation and consider funding options that include TIF District 3 or the
alternative Remove and Rebuild Program.
31ission. Ensuring an attractive, clea h .. enhances t , uali<
• .lean sa fc conrnrrrniq� that enhances the qunlitti• of Iffe and preserves the /xrhlic trust
COUNCIL ITEM MEMORANDUM
Council Goals: •
Strategic:
2. We will aggressively proceed with implementation of City's redevelopment plans
3. We will stabilize and improve residential neighborhoods
•
t issron. eur clean -safe conrrrrunitr that enhances lire quality of l {fe and preserves the public trust
Member introduced the following resolution and moved its
adoption:
• RESOLUTION NO.
RESOLUTION APPROVING THE REQUEST FOR NONPUBLIC SALE OF
THE NON - CONSERVATION TAX FORFEITED LAND AT 5800 BRYANT
AVENUE NORTH TO THE CITY OF BROOKLYN CENTER BY HENNEPIN
COUNTY
WHEREAS, numerous requests are received from Hennepin County for the sale or
conveyance of tax forfeited land to municipalities and other governmental subdivisions of the state;
and
WHEREAS, pursuant to legal authority as provided under Minnesota Statute 282,
Hennepin County has determined the property located at 5800 Bryant Avenue North (Property) has
been tax - forfeited, and Hennepin County has certified the Property's status as Non - Conservation;
and
WHEREAS the Property City has been deemed to fall within the Ci of Brooklyn
Center's Target Area of the Neighborhood Stabilization Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the tax - forfeited land located at 5800 Bryant Avenue North is:
•
1. Approved as Non - Conservation land.
2. Recommended and requested for non - public sale to the City of Brooklyn
Center.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
5827 C 5830 5829
� ,
' I 5813
5819 '
58-24 `
i
Z
LU
4
�I
, a•
z 5807
5807
,
I , $
1 ,
5801 ' -
� 5800 -7
,
r
58TH AVE N
' C
---------- - - - - -- \ �- -- ---------------------
I
5759 ' ' 5750
5737 Q
9 9 IF _
Legend o
- - - - Road Edge Q
I t
'
—► Storm Sewer , , 5744
, I -
Water Main r i
I I ` 5731
Sanitary Sewer
I I �
5800 Bryant Ave . N. Public Works - Engineering
UNU!)A "/.fo July H, 2010
(F �IFR
Tax Forfeiture Property 0 15 30 60 F-
City Council Agenda Item No. 10b
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer `
SUBJECT: Resolution Approving the Request for Nonpublic Sale of the Non- Conservation
Tax Forfeited Land at 5331 Morgan Avenue North to the City of Brooklyn Center
by Hennepin County
Recommendation:
It is recommended that the City Council consider approval of the attached Resolution Approving
the Request for Nonpublic Sale of the Non - Conservation Tax Forfeited Land at 5331 Morgan
Avenue North to the City of Brooklyn Center by Hennepin County.
Background:
Hennepin County periodically provides the City of Brooklyn Center a list of tax - forfeited land
within the City. In accordance with Minnesota Statue 282, the County requests that the City
review the forfeited land regarding the conservation or non - conservation status and resolves or
approves the parcels for public auction, for auction to adjacent landowners, or requests public
use conveyance or nonpublic sale to the City.
• The property located at 5331 Morgan Avenue North is bounded by single - family private
property on the north, south and west sides and public road right -of -way on the east side
(Morgan Avenue North). The property has been reviewed and no unusual encumbrances are
known to exist that would warrant special consideration or restrictions (see attached figure). A
special assessment search was performed which revealed outstanding special assessments of
$4,078.69 at the City of Brooklyn Center and $1,503.08 at the County.
Upon review of the parcel in consideration of the surrounding land uses and the City's
comprehensive plan, staff deems it would serve no public purpose Ahat would warrant a
conservation designation. The Business and Development Director has reviewed the property
and has indicated that it falls within the Target Area of the Neighborhood Stabilization Program.
The appropriate use of the property is non - conservation and we recommend approving the parcel
for nonpublic sale to the City of Brooklyn Center. Upon approval, City staff is prepared to
further pursue the acquisition of this property, accordingly.
Budget Issues:
Should the City Council approve this resolution and the County accept the City's request, staff
would then further evaluate the affordability and options of the purchase. The City Council and
the Economic Development Authority will also need to further evaluate the costs for
acquisition/rehabilitation and consider funding options that include TIF District 3 or the
alternative Remove and Rebuild Program.
•
Mission: Ensuring an attractive., clean safe community that enhances the quality of life and preserves the public tr-ust
COUNCIL ITEM MEMORANDUM
Council Goals: •
Strategic:
2. We will aggressively proceed with implementation of City's redevelopment plans
3. We will stabilize and improve residential neighborhoods
•
•
A lission: Ensuring an attractive, clean safe community that enhances the qualiq of life and preserves the public trust
Member introduced the following resolution and moved its
adoption:
• RESOLUTION NO.
RESOLUTION APPROVING THE REQUEST FOR NONPUBLIC SALE OF
THE NON - CONSERVATION TAX FORFEITED LAND AT 5331 MORGAN
AVENUE NORTH TO THE CITY OF BROOKLYN CENTER BY HENNEPIN
COUNTY
WHEREAS, numerous requests are received from Hennepin County for the sale or
conveyance of tax forfeited land to municipalities and other governmental subdivisions of the state;
and
WHEREAS, pursuant to legal authority as provided under Minnesota Statute 282,
Hennepin County has determined the property located at 5331 Morgan Avenue North (Property) has
been tax - forfeited, and Hennepin County has certified the Property's status as Non - Conservation;
and
WHEREAS, the Property has been deemed to fall within the City of Brooklyn
Center's Target Area of the Neighborhood Stabilization Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the tax - forfeited land located at 5331 Morgan Avenue North is:
•
1. Approved as Non - Conservation land.
2. Recommended and requested for non - public sale to the City of .Brooklyn
Center.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
, r
e 1 1
544 s 5347rr i —ilm 5348
-
l
e I 1
53 5344
A i
I I
1 I '
1
I r 1
1 1
5341
'5338
s I 1 1
5330
1
I I
73
I
I I
53 2 I W 1
I � I
5331 Z
53
-
1 O
I I
I 1
5318 5322
yy I I
9g I I
p I
I I
5318
� I
5312 I I
i I I
I I
Legend 5315
I I
I I
1
Road Edge I 5312
'" � �
Storm Sewer
I I
I
- - Water Main
20
Sanitary Sewer 5306
s 1 I
53 31 Morgan Av e . N . Public Works - Engineering
RROOA " "/. 1'N July 8, 2010
('FYTFR
Tax Forfeiture Property 0 ,5 30 60 F�
,—�
City Council Agenda Item No. lOc
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Establishing Improvement Project Nos. 2011 -01, 02, 03, and 04,
Logan Area Neighborhood Street, Storm Drainage and Utility Improvements
Recommendation:
It is recommended that the City Council consider approval of the Resolution Establishing
Improvement Project Nos. 2011 -01, 02, 03, and 04, Logan Area Neighborhood Street, Storm
Drainage and Utility Improvements.
Background:
to e street and utility rehabilitation
11 the it will e entering the 18 year of its long-range In 20 City b n ng y g y
program, referred to as the Neighborhood Street and Utility Improvement Program. The program
has consisted of a systematic rehabilitation and/or replacement of the City's aging infrastructure.
This program has included the reconstruction of public streets, replacement of deteriorating
water and sanitary sewer facilities, and the construction of new storm sewer and drainage
facilities. In addition, other neighborhood improvements are often considered as part of the
projects, including park and lighting improvements, landscape improvements, and traffic control
• improvement.
In accordance with the City's Capital Improvements Program (CIP), an area referred to as the
Logan Area Neighborhood has been programmed for improvements in 2011 (see attached map
for specific street locations). At this time, staff requests that the City Council establish this 2011
street and utility improvement project so that investigative engineering work may begin.
The Logan Area Neighborhood project consists of approximately 2.3 miles of streets and
utilities. The neighborhood consists of approximately 210 residential properties. The project is
expected to include partial replacement of existing water main, sanitary sewer and storm
drainage systems in the project area.
Typically, in order for a project to be completed within a specified calendar year, preliminary
design must commence almost one year in advance. This includes initiation of the public
notification and participation process that consists of informing affected property owners;
conducting field surveys; at least one public informational meeting; and an extensive amount of
information and data collection. Initial design also includes detailed technical engineering work,
underground infrastructure inspections and assessments, and soil /geotechnical investigations.
•
Alission: Ensuring tin attractive., clean, safe community that enhances the quality of 1ife and preserves the public trust
COUNCIL ITEM MEMORANDUM
Upon authorization by the City Council, the following actions would take place: •
• Collect data, including field surveys, review traffic counts, and review of maintenance
records.
• Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical
investigations.
• Conduct a public informational meeting in late fall /early winter to present initial findings
to the neighborhood, and to gauge public interest in the improvement project.
• Prepare a feasibility report for review by the City Council. The City Council could then
consider setting a date in approximately February for a project hearing.
To date, the City has completed 69 miles of local street and utility reconstruction since initiating
the Neighborhood Improvement Program. This represents approximately 65 percent of the total
local roadways within Brooklyn Center.
Budget Issues:
The Logan Area Neighborhood Street and Utility Improvement project is identified in the City's
Capital Improvement Program with a preliminary project cost estimate of $3,950,000. The
estimated cost for preliminary field work and preparation of a project feasibility report is
$35,000.
Council Goals: •
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
.;1ltSSrott: Fitsuriii tttt attracttr e, cicatr safe cont tit tin ity that enhances tit quality of life and preserves the public trust
Member introduced the following resolution and moved
its adoption:
•
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2011 -01, 02,
03, AND 04, LOGAN AREA NEIGHBORHOOD STREET, STORM DRAINAGE
AND UTILITY IMPROVEMENTS
WHEREAS, the City's Capital Improvement Program identifies specific streets for
proposed infrastructure improvements in 2011; and
WHEREAS, the City Council has reviewed the scope of proposed improvements for
2011 in the Logan Area Neighborhood; and
WHEREAS, the City Council desires to begin the process of information gathering
and solicitation of public comments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
I. Improvement Project Nos. 2011 -01, 02, 03, and 04, Logan Area Neighborhood
Street, Storm Drainage and Utility Improvements are hereby established.
• 2. Staff is directed to begin field work, contact property owners in the neighborhood
to obtain comments and input, and hold public informational meetings for
property owners in the neighborhood where improvements are proposed.
3. The City Engineer shall prepare a project feasibility report for review by the City
Council in approximately February 2011.
4. Estimated project costs for preliminary field work, geotechnical investigations,
and sewer televising costs are as follows:
COST AMOUNT
Televising $ 5,000
Field Survey $ 15,000
Geotechnical/Drainage Investigation 15,000
Estimated Costs Total $ 35,000
REVENUES AMOUNT ,
Sanitary Sewer Utility Fund $ 5,000
Water Utility Fund $ 5,000
Storm Sewer Utility Fund $ 12,500
Street Reconstruction Fund $ 12,500
Estimated Revenues Total $ 35,000
•
RESOLUTION NO.
•
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
1 A A
D AV N
mom
Ila
70TH AVE
BEGINS ma
City Council Agenda Item No. lOd
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Establishing Improvement Project No. 2011 -05, Unity Avenue Street
Improvements
Recommendation:
It is recommended that the City Council consider approval of the Resolution Establishing
Improvement Project No. 2011 -05, Unity Avenue Street Improvements.
Background:
In 2011, the City will be entering the 18` year of its long -range street and utility rehabilitation
program, referred to as the Neighborhood Street and Utility Improvement Program. The program
has consisted of a systematic rehabilitation and/or replacement of the City's aging infrastructure.
This program has included the reconstruction of public streets, replacement of deteriorating
water and sanitary sewer facilities, and the construction of new storm sewer and drainage
facilities. In addition, other neighborhood improvements are often considered as part of the
projects, including park and lighting improvements, landscape improvements, and traffic control
• improvement.
In accordance with the City's Capital Improvements Program (CIP), an area referred to as the
Unity Avenue Street Improvements has been programmed for improvements in 2011 (see
attached map for specific street locations). At this time, staff requests that the City Council
establish this 2011 street improvement project so that investigative engineering work may begin.
The Unity Avenue Street Improvements project consists of approximately 2,800 feet miles of
streets and utilities. The neighborhood consists of approximately 100 residential R3 properties.
The project is expected to include mainly concrete curb and gutter and bituminous pavement
replacement.
Typically, in order for a project to be completed within a specified calendar year, preliminary
design must commence almost one year in advance. This includes initiation of the public
notification and participation process that consists of informing affected property owners;
conducting field surveys; at least one public informational meeting; and an extensive amount of
information and data collection. Initial design also includes detailed technical engineering work,
underground infrastructure inspections and assessments, and soil/geotechnical investigations.
•
Mission: Fn.suring an attractive, clean, safe community that enhances the gualitj- of Life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Upon authorization by the City Council, the following actions would take place: •
• Collect data, including field surveys, review traffic counts, and review of maintenance
records.
• Conduct televised inspections of the sanitary and storm sewers and soil /geotecluiical
investigations.
• Conduct a public informational meeting in late fall/early winter to present initial findings
to the neighborhood, and to gauge public interest in the improvement project.
• Prepare a feasibility report for review by the City Council. The City Council could then
consider setting a date in approximately February for a project hearing.
To date, the City has completed 69 miles of local street and utility reconstruction since initiating
the Neighborhood Improvement Program. This represents approximately 65 percent of the total
local roadways within Brooklyn Center.
Budget Issues:
The Unity Avenue Street Improvement project is identified in the City's Capital Improvement
Program with a preliminary project cost estimate of $744,000. The estimated cost for preliminary
field work and preparation of a project feasibility report is $25,000.
Council Goals:
Strategic: •
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
•
Alas ion :.Ensuring an attractive, clean, cafe comrnnnirp that enhances the gnaflty of 1If( and preserves the public trust
Member introduced the following resolution and moved
its adoption:
•
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2011 -05,
UNITY AVENUE STREET IMPROVEMENTS
WHEREAS, the City's Capital Improvement Program identifies specific streets for
proposed infrastructure improvements in 2011; and
WHEREAS, the City Council has reviewed the scope of proposed improvements for
2011 in the Unity Avenue Street Improvements; and
WHEREAS, the City Council desires to begin the process of information gathering
and solicitation of public comments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
L Improvement Project No. 2011 -05, Unity Avenue Street Improvements is hereby
established.
• 2. Staff is directed to begin field work, contact property owners in the neighborhood
to obtain comments and input, and hold public informational meetings for
property owners in the neighborhood where improvements are proposed.
3. The City Engineer shall prepare a project feasibility report for review by the City
Council in approximately February 2011.
4. Estimated project costs for preliminary field work, geotechnical investigations,
and sewer televising costs are as follows:
COST AMOUNT
Televising $ 4,000
Field Survey $ 9,000
Geotechnical/Drainage Investigation 12,000
Estimated Costs Total $ 25,000
REVENUES AMOUNT
Sanitary Sewer Utility Fund $ 4,000
Storm Sewer Utility Fund $ 4,000'
Water Utility Fund $ 7,000
Street Reconstruction Fund $ 10,000
Estimated Revenues Total $ 25,000
•
RESOLUTION NO.
•
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
UNITY AV IMPROVEMENT AREA
73RD AVE N
CITY OF BROOKLYN PARK _
— ---- - - - - --
CITY OF BROOKLYN CENTER
7256
i
i
i
i
�sii' R
7 zr3
72p3 71ft
n+ 7192
7+93
r
r r6°
r� '
716+ r�
7157 7156
7t63 7152
7113 3 7 e
7+09
"7i �a
71ST AVE N
7077
7073 70�
706p 70�
7065
706+
7067
705
7049
704
704+
70
703
7021 7020
7017 7016
7013 7012
7006 7005
7605 77000 70TH AVE N
7pp1 s 936
69us Z
eon saze Z Z W
6617 6916 � F.
6913 6912
Z
6909 6906
6905 6904
6901 6900 O N
69TH AVE N
City Council Agenda Item No. 10e
COUNCIL ITEM MEMORANDUM
• DATE: August 3, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Establishing Improvement Project No. 2011 -06, Shingle Creek
Parkway Street Improvements
Recommendation:
It is recommended that the City Council consider approval of the Resolution Establishing
Improvement Project No. 2011 -06, Shingle Creek Parkway Street Improvements.
Background:
In 2011, the City will be entering the 18 year of its long -range street and utility rehabilitation
program, referred to as the Neighborhood Street and Utility Improvement Program. The
program has consisted of a systematic rehabilitation and/or replacement of the City's aging
infrastructure. This program has included the reconstruction of public streets, replacement of
deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and
drainage facilities. In addition, other neighborhood improvements are often considered as part of
the projects, including park and lighting improvements, landscape improvements, and traffic
• control improvement.
In accordance with the City's Capital Improvements Program (CIP), an area referred to as the
Shingle Creek Parkway Street Improvements has been programmed for improvements in 2011
(see attached map for specific street locations). At this time, staff requests that the City Council
establish this 2011 street improvement project so that investigative engineering work may begin.
The Shingle Creek Parkway Street Improvements project consists of approximately 4,000 feet of
streets and utilities. A portion of this roadway was reconstructed in 1995. Unfortunately, the
pavement surface has failed prematurely and is requiring increased maintenance time and
expense to keep the pavement intact. The primary source of funding for.the project is through
Municipal State Aid revenues (City's portion of gas tax and other state transportation tax
sources). The project is expected to include partial replacement of the storm drainage systems in
the project area.
Typically, in order for a project to be completed within a specified calendar year, preliminary
design must commence almost one year in advance. This includes" initiation of the public
notification and participation process that consists of informing affected property owners;
conducting field surveys; at least one public informational meeting; and an extensive amount of
information and data collection. Initial design also includes detailed technical engineering work,
underground infrastructure inspections and assessments, and soil /geotechnical investigations.
•
kNW Mission: Ensuring an attractive, clean sale comnrrinitP that eencaitees the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Upon authorization by the City Council, the following actions would take place: •
• Collect data, including field surveys, review traffic counts, and review of maintenance
records.
• Conduct televised inspections of the sanitary and storm sewers and soillgeotechnical
investigations.
• Conduct a public informational meeting in late fall/early winter to present initial findings
to the neighborhood, and to gauge public interest in the improvement project.
• Prepare a feasibility report for review by the City Council. The City Council could then
consider setting a date in approximately February for a project hearing.
To date, the City has completed 69 miles of local street and utility reconstruction since initiating
the Neighborhood Improvement Program. This represents approximately 65 percent of the total
local roadways within Brooklyn Center.
Budget Issues:
The Shingle Creek Parkway Street Improvements project is identified in the City's Capital
Improvement Program with a preliminary project cost estimate of $744,200. The estimated cost
for preliminary field work and preparation of a project feasibility report is $25,000.
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
Mission: Ensuring Ensuring an attractive, clean, saft community that enhances the qualiq of 1t /e andpreserves the public trust
Member introduced the following resolution and moved
its adoption:
•
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2011 -06,
SHINGLE CREEK PARKWAY STREET IMPROVEMENTS
WHEREAS, the City's Capital Improvements Program identifies specific streets for
proposed infrastructure improvements in 2011; and
WHEREAS, the City Council has reviewed the scope of proposed improvements for
2011 in the Shingle Creek Parkway Street Improvements; and
WHEREAS, the City Council desires to begin the process of information gathering
and solicitation of public comments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. Improvement Project No. 2011 -06, Shingle Creek Parkway Street Improvements
is hereby established.
• 2. Staff is directed to begin field work, contact property owners in the neighborhood
to obtain comments and input, and hold public informational meetings for
property owners in the neighborhood where improvements are proposed.
3. The City Engineer shall prepare a project feasibility report for review by the City
Council in approximately February 2011.
4. Estimated project costs for preliminary field work and geotechnical
investigations are listed below and the associated revenue for said expenses
shall be derived from the Municipal State Aid Construction Fund.
COST AMOUNT
Televising $ 4,000
Field Survey $ 9,000
Geotechnical/Drainage Investigation $ 12,000
Estimated Costs Total $ 25,000
REVENUES AMOUNT
MSA Fund $ 25,000
Estimated Revenues Total $ 25,000
RESOLUTION NO.
•
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
2011 SHINGLE CREEK PKWY IMPROVEMENT AREA
69TH A� N ,
6620
ee�4 6640
eeoo
SHINGLE CREEK PKW
aem
1700
\\ 6645
\ \ 6707
2700 \ 67TH AVE N
efifio efia
°001 Bern
2660 66.6 Z
2290
s Ld
2200
moo
,600
2400
F �'FFH. 2700
/�TeRSIq T q Y 9� VD mol
e 9469
a
City Council Agenda Item No. lOf
COUNCIL ITEM MEMORANDUM
DATE: August 9, 2010
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning; Assistant City Manager/Director of Building & Community
Standards
SUBJECT: Resolution Authorizing Retention of Carson, Clelland and Schreder for City
Prosecution Services and Authorizing Mayor and City Manager to Execute a
Contract
Recommendation:
It is recommended that the City Council consider adoption of the resolution authorizing retention
of Carson, Clelland and Schreder for City prosecution services and authorizing Mayor and City
Manager to execute a contract.
Background:
On November 23, 2009, the City Council reviewed the prosecution services provided by the
current attorney's office, Carson, Clelland and Schreder, Attorneys at Law, and directed staff to
develop a new contract. A revised contract is provided that provides legal parameters such as
. billing standards, expectations of performance of duties, and termination clause. The billings
rates provided in the contract are the same rates that have been in place for approximately five
years.
The review of the City's prosecution services was performed in accordance with City Council
Policy 2.81 that states legal services will be periodically reviewed to ensure the proper balance
between cost and quality of services for both civil and criminal services, alternating on a four -
year cycle.
Prosecution services are currently provided by Carson, Clelland and Schreder. Staff from each
department that works with Carson, Clelland and Schreder met and reviewed the prosecution
services being provided. The City Departments continue to be very satisfied with the services
being provided. Some of the factors considered in the internal review included results /outcome
of cases, efficiencies of operations /systems, working relationship and cooperation, and capacity
to pursue continuous improvement. During the review, staff noted that numerous improvements
have been made in the past few years as part of ongoing performance management efforts of the
city and of Carson, Clelland and Schreder.
Some notable measures the past few years include, but are not limited to:
• Focused efforts to successfully prosecute repeat and chronic offenders, including
multidepartment coordination and increased consequences such as fines. Examples
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
include problem properties, unlicensed rental properties, Center Pointe Apartments,
delinquent payments •
• Reduction in processing time for formal complaints
• Working with staff to streamline processes and procedures through tracking and
standardization initiatives
• Providing input on several new codes and amendments
• Appropriate handling of increased workload due to police activities, property code issues
and other city activities
• Monitoring, communicating and adjusting operations as necessary in order to respond to
changes in court system or laws
Based on the findings and in consult with the City's Attorney Office, Kennedy & Graven, the
contract is updated and attached for Council consideration.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources •
I
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
CONTRACT FOR LEGAL SERVICES •
The City of Brooklyn Center, a Minnesota municipal corporation, and Carson, Clelland, and
Schreder, Attorneys at Law, herewith enter into the following contract by which the law firm
shall provide to the City municipal prosecution services as follows:
1. The law firm of Carson, Clelland, and Schreder shall provide municipal prosecution
services to the City for prosecution of all petty misdemeanor, misdemeanor, and gross
misdemeanor offenses including preparation of criminal complaints, review,
administration, and disposition of cases at arraignments, pretrial conferences, court trials,
and jury trials and consultation and liaison with the City Police Department and City
staff. William G. Clelland shall serve as lead prosecution attorney with primary
responsibility for the initiation, supervision, and prosecution of criminal cases including
the establishment and maintenance of standards regarding appropriate plea negotiations
and disposition of cases according to those standards and court and jury trials of cases not
settled. William G. Clelland shall serve as the primary prosecuting attorney for the City.
2. For Calendar year 2010, the hourly rate of each attorney shall be billed at the rate of $90
per hour and the hourly rate of the Legal Assistant shall be billed at $35 per hour.
Standard criminal complaints shall be prepared for a flat rate of $40 per complaint and all
other complaints shall be prepared by attorneys at the regular attorney rate. There shall
be no billing of costs for incidental items such as routine photocopying or facsimile but
there shall be billing of actual charges for out -of- pocket costs such as purchase of
medical reports, exceptional photocopying, service of subpoenas, and Westlaw. The City
may undertake, through its employees, to serve such subpoenas or otherwise obtain such
copies in their discretion to minimiz or eliminate costs. Invoices to the city shall be
itemized or otherwise submitted in a format as needed by the City for accounting
purposes.
3. While said contract is in force and effect, the law firm of Carson, Clelland and Schreder
shall maintain its present professional liability insurance in the aggregate amount of
$1,500,000.00.
4. The Attorney shall use best efforts to meet all professional obligations to avoid conflicts of
interest and appearances of impropriety in representation of the City. In the event of a
conflict, the Attorney, with the consent of the City, shall arrange for suitable alternative
legal representation. It is the intent of the Attorney to refrain from handling legal matters for
any other person or entity that may pose a conflict of interest.
5. The City retains the right to hire other legal representation for specific legal matters.
6. All services provided by the Attorney pursuant to this Agreement shall be provided by
the Attorney as an independent contractor and not as an employee of the City for any
purpose, including but not limited to income tax withholding, workers' compensation,
• unemployment compensation, FICA taxes, and liability for torts and eligibility for
employee benefits.
7. Data provided to the Attorney under this Agreement shall be administered in accordance
with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
8. Attorney will comply with all applicable federal and state laws, rules and regulations related
to civil and human rights and will not disc against any employee or applicant for
employment because of race, creed, color, religion, ancestry, national origin, sex, affectional
preference, disability or other handicap, age, marital status, or status with respect to public
assistance.
9. The term of this Agreement shall be indefinite until terminated be either parry. The hourly
rates specified in this Agreement will remain in effect until December 31, 2011 and may be
adjusted no more often than annually thereafter. The Attorney shall notify the City at least
ninety (90) days in advance of any proposed rate modifications.
10. This Agreement may be terminated by the City at any time or by the Attorney upon 60 days
written notice.
CARSON, CLELLAND AND SCHREDER, INC. CITY OF BROOKLYN CENTER
i
By: William G. Clelland Tim Willson
Attorney and Partner Mayor
Date: Date:
Curt Boganey
City Manager
Date:
i
Member introduced the following resolution and moved
its adoption: •
RESOLUTION NO.
RESOLUTION AUTHORIZING RETENTION OF CARSON, CLELLAND
AND SCHREDER FOR CITY PROSECUTION SERVICES AND
AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
CONTRACT
WHEREAS, the Council has previously directed the City Manager to review the
City's prosecution services in accordance with City Council Policy 2.81; and
WHEREAS, in accordance with such directive the City Manager has determined
the current level of performance for prosecution services is very satisfactory; and
WHEREAS, the City Council has reviewed the information and determined the
continuation of services with Carson, Clelland and Schreder would be beneficial to the City.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center Minnesota that the law firm of Carson, Clelland and Schreder is hereby selected
and designated as the Brooklyn Center prosecuting attorney and the Mayor and City Manager are
hereby authorized to execute a contract for prosecution services as set forth in the proposal for
2010 with renewals upon mutual agreement for the years 2011, 2012, 2012 pursuant to the City
Council policy for reviewing prosecution services unless terminated earlier by either the City or
Carson, Clelland and Schreder.
August 9, 2010
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
• August 9, 2010
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
Council Chambers
City Hall
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. Centennial Committee Discussion
2. Regulation of Tattoo and Body Piercing Establishments
PENDING LIST FOR FUTURE WORK SESSIONS
Later /Ongoing
1. Sister City Update — Curt
2. 57th and Logan Update
3. Strategic Outcome Reports
4. 2011 Brooklyn Center Celebration Update
5. Neighborhood Designations
6. Junk and Inoperable Vehicles Update — Back Yard Parking
. 7. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January
8. Brookdale Mall Update
n date
Property Remediatio U
9. Joslyn/City p rry p
10. Department Year End Reports
11. Active Living Program
12. RER — Howe Fertilizer Update
13. Garbage Hauler Report
14. Community Schools Update
15. Firehouse Park Update — October
•
Work Session Agenda Item No. 1
MEMORANDUM - COUNCIL WORK SESSION
DATE: August 5, 2010
TO: City Council
FROM: Curt Boganey, City Manago�
SUBJECT: Centennial Committee Discussion
Recommendation:
It is requested that the City Council consider providing direction to staff regarding requests from
the Centennial Committee Chair.
Background:
Several years ago the City Council began planning for the upcoming Centennial Celebration,
including the provision of seed funding for this important event. At the last Council meeting
Chairman Lester provided the City Council with an update of Centennial Committee activities.
During his presentation he requested City Council assistance in helping the committee in a
variety of ways.
I have attached a memo from Mr. Lester that specifically outline areas where the City can be of
assistance, including the following; renaming Central Park, Construction of a Band Shell in
• Central Park, Cost reductions for use of the Earle Browne Heritage Center, Use of the EDA
owned 57 and Logan Site for a Carnival and Picnic.
Policy Issues:
With Council concurrence and policy guidance each of these requests may be accommodated, I
believe most of the details should be worked out at the staff and/or Commission level. I believe
the most important Council action is to clarify your expectations. For example, does the Council
want a recommendation from the Parks Commission regarding a name change or does the
Council want the Commission to provide the pros and cons of a name change leaving the
decision to the City Council. Does the Council wish set a deadline for the Commission to act on
Centennial Committee requests? Does the Council want to decide if there should be Band Shell
in Central Park and leave the location analysis up to the Commission or Should the Commission
provide input on the decision to have a band shell in Central Park?
The direction provided by Council will facilitate expeditious action by the staff and
Commissions in response to the requests from the Centennial Committee.
Council Goals:
Ongoing:
1. We will improve the image of the City with citizens and others
Mission: Ensuring an attractive, clean, safe community that enhances the quality r (f4fe and preserves the public trust
A*4 city of
faukl n
•
•
1911 -2011 * hiovL
Dear Mr. Boganey, Mr. Eitel, Mr. Glasoe:
I am writing on behalf of the Centennial Committee to request your support and assistance
in expediting the processes needed to achieve the following:
• The committee has recommended to the Brooklyn Center City Council that Central Park
be renamed "Centennial Park." There are many good reasons to do this. The most.
obvious is the magnitude of a celebration like the Centennial and the desire to mark the
activity with significant and memorable action.
• We are also recommending a band shell be constructed in Central Park (Centennial Park)
with the intent bein g way to mark the Centennial with a tangible memory that
Y
will live on. The practicality and utility of such a band shell offers many opportunities for
citizens to enjoy for many years to come.
• It is our hope to help the Special Events Committee sponsor a BC Birthday Party like no
other. To do this, we are seeking ways to make the party more accessible to all citizen
groups in Brooklyn Center. This means finding ways to reduce costs for participation.
There are a couple of ways to do this. One of them involves the city taking action to allow •
the Birthday Party event to be held at the Earle Brown Conference Center at no cost. We
are aware the city has determined the center would operate on its own, without City
Council action. In this case, we believe this action would not set an unnecessary
precedent - unless some of us are around for the Bicentennial Celebration.
• We are hoping to go back to what I recall as the past when the Northbrook Parking Lot
was the home of a summer Carnival - a place for young and old alike. I have noticed we
have had a yearly carnival in Brooklyn Center the past couple of years (once in the
Brookdale lot and once in the "Circuit City" lot. We would like to have an event on the
57th and Logan property that would incorporate family picnics, music and a carnival
during the summer of 2011. We are certain we will need your support in moving forward
with this one.
As you are aware, members of the City Council and Mayor Willson have offered to support
the Centennial in a variety of ways. It is my hope their willingness to be involved can be
carried over into allowing city processes move as quickly and positively as possible. I, and
members of the committee would welcome the opportunity to sit down with you and
discuss these ideas in greater detail. We look forward to hearing from you at your earliest
convenience. Thank Y ou.
Sincer
eith )M L Cha
Brooklyn Center Centennial Committee •
h0` or the pact, Celebrate the preaent, l?"l'layine the buture
6301 shingle Creek Parkway, Brooklyn Center, Minn.eaota 5543 •7 • cityotbrooklyncenter.org
•
Work Session Agenda Item No. 2
MEMORANDUM - COUNCIL WORK SESSION
DATE: August 5, 2010
TO: City Council
FROM: Curt Boganey, City Man
SUBJECT: Regulation of Tattoo and Body Piercing Establishments
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding the
regulation of Tattoo and Body Piercing establishments
Background:
The City has an ordinance that regulates tattooing and body piercing establishments that requires
licensing by the City. Currently the City has no such licenses in effect. During the most recent
legislative session the State established standards for licensing these same activities.
As outlined in the memo attached from our Ci ty Attorney this new law provides the City with
several options; It can repeal its ordinances and allow the State to regulate this activity
completely, stay in the business of licensing business but not individuals, or stop licensing but
continue to regulate locations of such businesses.
Policy Issues:
Is it in the interest of the City to continue regulating tattoo and body piercing activities in
Brooklyn Center?
Council Goals:
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
Hission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
. Mary D. Tietjen
470 US Bank Plaza.
200 South Sixth Street
Minneapolis MN 55402
�t
(612) 337 -9277 telephone
p' (612) 337 -9310 fax
mtietjen @kennedy- graven.com
http: / /www.kennedy- uaven.com
CHARTERED
MEMORANDUM
To: Brooklyn Center Mayor and City Council
Curt Boganey, City Manager
From: Mary Tietjen, assistant city attorney
Date: August 4, 2010
Re: Regulation of Tattoo and Body Piercing Establishments
Brooklyn Center currently regulates tattoo and body piercing establishments at Sections 23 -2301 —
23 -2314 of the City Code. The ordinance requires a business license for specific locations and a
personal service license for all persons who engage in such work. The ordinance also establishes
conditions of licensure and health and sanitation standards.
This session, the legislature adopted a new Chapter 146B specifically dealing with this same
subject. The statute, which was effective July 1, 2010, establishes state standards for licensing both
establishments and what is described as body art technicians, i.e. those who practice tattooing and
body piercing. Sanitation standards are established and persons desiring body art technician
licenses must have a minimum of 200 hours of supervised experience. Establishments must meet
the state licensing requirements by January 1, 2011 but are exempt if they are licensed under a city
or other local ordinance which meets or exceeds the statutory provisions. Individuals must be
licensed as body art technicians under the state statute by January 1, 2011 regardless of local
licensing. The statute explicitly provides that nothing preempts or supersedes any municipal
ordinance relating to land use, building and construction standards, nuisance control or the licensing
of commercial enterprises in general.
In light of the above, we believe the City has essentially three options:
1. Get out of the licensing business The city could repeal its ordinance and allow the state to
regulate tattooing and body piercing. The city would have one fewer activity to regulate
and enforce.
2. Stay in the licensing business The city could retain its ordinance and stay in the business of •
3728240 MDT BR2914 I
issuing establishment licenses although there may no longer be any need to license
individuals. The ordinance would need some revisions to comply with state law. For
example, the city's ordinance allows persons younger than 18 years of age to receive tattoos
with the consent and in the presence of parents or guardians. The statute prohibits this
practice regardless of parental consent. In order to be exempt from state licensure,
establishments must be licensed under a city ordinance which is at least as restrictive as the
statute. The ordinance would have to be reviewed and revised in all respects with which it
does not currently meet this standard.
3. Get out of the licensing business but continue to control the location of establishments This
middle ground position, which is specifically authorized by state law, recognizes that cities
may want to be free from the burden of licensure and enforcement but still wish to control
where such establishments may locate in the community. This approach would allow the
city to regulate in what zoning districts such establishments could locate, provide for
spacing or "distance from" requirements and continue to allow regulation of the nuisance
aspects of the business.
The City's ordinance (Section 23 -2309) currently contains some restrictions on location.
For example, no establishment may be located on property that is not properly zoned or
where alcohol is served. These provisions may be retained if the City chooses to continue to
regulate the location of these types of establishments.
Staff requests that the City Council discuss these options and direct staff accordingly.
• cc: Charlie LeFevere City Attorney
Y
372824v1 MDT BR291 -4 2
Section 23 -2205. PENALTY. Any person who violates or fails to comply with any
provision of this ordinance shall be guilty of a misdemeanor and subject to a find not to exceed •
$1,000 or imprisonment for a period not to exceed ninety (90) days or both, together with the
costs of prosecution. Such penalty may be imposed in addition to a decision by the Council to
disapprove applications for new licenses or license renewals.
TATTOO AND BODY PIERCING ESTABLISHMENTS
Section 23 -2301. FINDINGS AND PURPOSE. The purpose of this section is to regulate
the business of tattooing and/or body piercing in order to protect the general health, safety, and
welfare of the community.
a. The City Council finds that the experience of other cities indicates that there is a
connection between tattooing/body piercing and hepatitis and other health problems.
b. The City Council finds that stringent regulations governing tattooing and body
piercing can minimis the hepatitis and disease risk, and therefore protect the general
health, safety, and welfare of the community.
c. It is not the intent to prohibit tattoo and/or body piercing establishments from having
a reasonable opportunity to locate in the City.
Section 23 -2302. DEFINITIONS. The following words and terms when used in Sections
23 -2301 through 23 -2314 shall have the following meanings unless the context clearly indicates •
otherwise:
a. Body Piercing: Penetrating or making a hole in or through the human body to place
jewelry or objects of metal, plastic, wood, bone, or other foreign material on any area
for cosmetic purposes.
b. Branding: The use of heat, cold, or any chemical compound to imprint permanent
markings on human skin by any means other than tattooing.
c. Clean: The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly,
or extraneous matter.
d. Operator: Any person who performs or practices the art of tattooing and/or body
piercing on another person in connection with the operation of a tattoo and/or body
piercing establishment and receives compensation from the owner of the business or
its patrons.
e. Good Repair: Free of corrosion, breaks, cracks, chips, pitting, excessive wear and
tear, leaks, obstructions, and similar defects so as to constitute a sanitary, workable,
and sound condition.
City of Brooklyn Center 23 -94 City Ordinance •
f. Issuing Authority: The City Manager or the Manager's designee.
•
g• Y Owner: An individual, firm, company, corporation, or association that owns an
establishment where tattooing and/or body piercing is performed.
h. Scarification: The cutting or tearing of human skin for the purpose of creating a
permanent mark or design on the skin.
i. Tattoo, Tattooing: The marking of the skin of a person by insertion of permanent
colors by introducing them through puncture of the skin.
Section 23 -2303. BUSINESS LICENSE REQUIRED. No person, partnership, or
corporation shall operate any establishment where tattooing and/or body piercing is practiced,
nor engage in the practice of tattooing and/or body piercing without being licensed under
Sections 23 -2301 through 23 -2314. Jewelry stores and accessory stores that exclusively provide
ear piercing services using piercing guns shall be exempt from this license agreement.
The application for a tattooing and/or body piercing establishment business license shall be
submitted on a form provided by the City and shall include:
a. If the applicant is an individual, the name, residence, phone number, and birth date of
the applicant. If the applicant is a partnership, the name, residence, phone number,
and birth date of each general and limited partner. If the applicant is a corporation,
. the names, residences, phone numbers, and birth dates of all those persons holding
more than five (5) percent of the issued and outstanding stock of the corporation.
b. The name, address, phone number, and birth date of the manager of such
establishment, if different from the owners.
c. The address and legal description of the premises where the tattoo and/or body
piercing establishment is to be located.
d. A statement detailing any conviction relating to tattooing and/or body piercing or the
operation of a tattoo and/or body piercing establishment by the applicant or manager
and whether or not the applicant or manager has ever applied for or held a license to
operate a similar type of business in other communities. In the case of a corporation,
a statement detailing any felony convictions by the owners of more than five (5)
percent of the issued and outstanding stock of the corporation and whether or not
those owners have ever applied for or held a license to operate a similar type of
business in other communities.
e. The activities and types of businesses to be conducted.
f. The hours of operation.
City o f Brooklyn Center 23 -95 City Ordinance
g. The provisions made to restrict access by minors.
h. A building plan of the premises detailing all internal operations and activities.
i. Whether the applicant has previously been denied a license of this type by any other
government unit.
j. The names, street addresses, and business addresses of three (3) residents of Dakota,
Hennepin, Ramsey, Anoka, Washington, Scott, or Carver Counties who are of good
moral character and who are not related to the applicant and not holding any
ownership in the premises or business, who may be referred to as to the applicant's
character.
k. Whether all real estate and personal property taxes that are due and payable for the
premises to be licensed have been paid, and if not paid, the years and amounts that are
unpaid.
1. All applications for a license under Sections 23 -2301 through 23 -2314 shall be signed
and sworn to. If the application is that of a natural person, it shall be signed and
sworn to by such person; if that of a corporation, by an officer thereof; if that of a
partnership, by one of the general partners; and if that of an unincorporated
association, by the manager or managing officer thereof. Any falsification on a
license application shall result in the denial of a license.
All applications shall be referred to the Issuing Authority for verification and investigation of •
facts set forth in the application, including any necessary criminal background checks to assure
compliance with Sections 23 -2301 through 23 -2314. The application shall be issued or denied
by the Issuing Authority in accordance with Sections 23 -2301 through 23 -2314.
Section 23 -2304. PERSONAL SERVICE LICENSE. No operator shall perform tattoo
and/or body piercing services within the City without being licensed as provided in this section.
Any person desiring a personal service license shall file a written application on a form provided
by the City. The application shall include the following information:
a. The business address and all telephone numbers where the service is to be practiced
or based.
b. The name, birth date, complete home address, and telephone number of the applicant.
c. The tattoo and/or body piercing business history and experience, including but not
limited to whether or not the applicant, in previously operating in this or another city
or state under license or permit, has had such license or permit denied, revoked, or
suspended and the reason therefore, and the business activities or occupations
subsequent to such action of denial, suspension, or revocation.
City of Brooklyn Center 23 -96 City Ordinance r
d. All criminal convictions other than misdemeanor traffic violations, fully disclosing
the jurisdiction in which convicted or arrested and the circumstances thereof
e. All applications for a license under Sections 23 -2301 through 23 -2314 shall be signed
and sworn to by the applicant. Any falsification on a license application shall result
in the denial of a license.
All applications shall be referred to the Issuing Authority for verification and investigation of
facts set forth in the application, including any necessary criminal background checks to assure
compliance with Sections 23 -2301 through 23 -2314. The application shall be issued or denied
by the Issuing Authority in accordance with Sections 23 -2301 through 23 -2314.
Section 23 -2305. LICENSE FEE.
a. The annual license fee is set by City Council resolution.
b. Each application for a license shall be submitted to the City Clerk and payment made
to the City. The initial license fee shall be paid in full with cash, or certified or
cashier's check, before the license is issued. Renewal license fees shall be paid in full
at the time of application for renewal. Upon rejection of any application for a license,
the applicant may be refunded a portion of the license fee in accordance with the fee
resolution, except where rejection is for a willful misstatement in the license
• application.
c. All licenses shall expire on the last day of December in each year. Each license shall
be issued for a period of one (1) year, except that if a portion of the license year has
elapsed when application is made, a license may be issued for the remainder of the
year for a prorated fee. In computing such fee, any unexpired fraction of a month
shall be counted as one (1) month.
d. Once a license has been granted, no part of the fee paid by any licensee shall be
refunded, except that a prorated portion ortion of the fee shall be refunded in the event of the
complete closure of the business and cessation of business activities for any of the
following reasons and upon application to the City Clerk within thirty (30) days from
the happening of the event, provided that such event occurs more than thirty (30) days
before the expiration of the license:
1. Destruction or damage of the licensed premises by fire or other catastrophe.
2. The licensee's illness.
3. The licensee's death.
4. A change in the legal status making it unlawful for licensed business to
continue.
o Brooklyn Center 23-97' City Ordinance
City f Y
e. Each application shall contain a provision on the application indicating that any
withholding of information or the providing of false or misleading information will be •
grounds for denial or revocation of a license. Any changes in the information
provided on the application or provided during the investigation shall be brought to
the attention of the City Clerk by the applicant or licensee. If said changes take place
during the investigation, said data shall be provided to the Police Chief or the City
Clerk in writing.
Section 23 -2306. INVESTIGATION FEE
a. At the time of the original application for a license, the applicant shall deposit the
investigation fee set by City Council resolution. The investigation fee may be paid in
cash or with a personal check. The investigation fee is non - refundable. An
investigation fee must be tendered with each new application for a license and must
also be paid at any time when there is a proposed change of ownership or
reapplication for a license wherein additional or different parties other than the
original licensee and parties are proposing to be licensed.
Section 23 -2307. GRANTING OF LICENSE
a. The Issuing Authority shall complete his/her investigation within thirty (30) days
after the City Clerk receives a complete application and all license and investigation
fees.
b. If, after such investigation, it appears that the applicant and the place proposed for the •
business are eligible for a license under the criteria set forth in this section, then the
license shall be issued by the City Council within thirty (30) days after the
investigation is completed. Otherwise, the license shall be denied.
c. Each license shall be issued to the applicant only and shall not be transferable to
another holder. Each license shall be issued only for the premises described in the
application. No license may be transferred to another premises without the approval
of the City Council. If the licensee is a partnership or a corporation, a change in the
identity of any of the principals of the partnership or corporation shall be deemed a
transfer of the license. Any tattoo and/or body piercing establishment existing at the
adoption of Sections 23 -2301 through 23 -2314 shall be required to obtain an annual
license.
d. If the license is denied, the applicant may request a hearing before the City Council
by filing a written request therefore with the City Clerk within fifteen (15) days after
the applicant has received written notice of denial. If the license application is denied
by the City Council after a hearing, the applicant may appeal the decision to the
appropriate court of competent jurisdiction.
City of Brooklyn Center 23 -98 City Ordinance •
If a tattoo and/or body piercing establishment is lawfully in existence at the time of
• the adoption of Sections 23 -2301 through 23 -2314, the tattoo and/or body piercing
establishment may continue in business until the court action is completed.
Otherwise, the applicant may not commence doing business until the judicial action
has been finally resolved.
Section 23 -2308. PERSONS INELIGIBLE FOR LICENSE. No license under Sections
23 -2301 through 23 -2314 shall be issued to an applicant who is a natural person; general or
managing partner of a partnership; or manager, proprietor, or agent of a corporation or other
organization if such applicant:
a. Is a minor at the time the application is filed.
b. Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the
duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03,
Subd. 3.
c. Who is overdue or whose spouse is overdue in his or her payment of City, county, or
state taxes, fees, fines, or penalties assessed against them or imposed upon them.
d. Who has been denied a license by the City or any other Minnesota municipal
i corporation to operate a tattoo and/or body piercing establishment or whose license
has been suspended or revoked within the preceding twelve (12) months, or who is
residing with any such person.
e. Who has not paid the license and investigation fees required by this section.
f. Is not of good moral character or repute.
Section 23 -2309. PLACES INELIGIBLE FOR LICENSE
a. No license shall be granted or renewed if the property is not properly zoned or does
not qualify as a legal nonconforming use for tattooing and/or body piercing
establishments.
b. Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed
if the premises is licensed for the furnishing of alcoholic beverages or is an adult
establishment pursuant to Section 35 -2182.
City of Brooklyn Center 23 -99
City Ordinance
c. No license shall be granted if the premises is within 300 feet of, or in the same
building as, or on the same legally subdivided lot, piece, or parcel of land as any of •
the following uses: a church, school, day care center, hospital, on -sale liquor
establishment, halfway house, currency exchange operation, theater, residence,
pawnshop, secondhand goods dealer, massage parlor, sauna, or another tattoo or body
piercing establishment.
Section 23 -2310. CONDITIONS OF LICENSE. Every license shall be granted subject to
the following conditions and all other provisions of Sections 23 -2301 through 23 -2314, and of
any applicable sections of the City Code, the City's zoning ordinances, the Building Code, the
Fire Code, the City's health regulations, and all provisions of state and federal law.
a. No person shall tattoo or pierce any person under the age of eighteen (18) except in
the presence .of, and with the written permission of, the parent or legal guardian of
such minor. The consent must include both the custodial and non - custodial parents,
where applicable.
b. The license granted under Sections 23 -2301 through 23 -2314 is for the owner and the
premises or operator named on the approved license application. No transfer of a
license shall be permitted from place -to -place or from person -to- person without first
complying with the requirements of an original application, except in the case in
which an existing non - corporate licensee is incorporated and incorporation does not
affect the ownership, control, and interest of the existing licensed establishment.
c. All licensed premises shall have the license posted in a conspicuous place at all times i
d. A licensee under Sections 23 -2301 through 23 -2314 shall not be open for business for
tattooing and/or body piercing before 7:00 a.m. or after 10:00 p.m.
e. The tattoo and/or body piercing establishment license is only effective for the
compact and contiguous space specified in the approved license application. If the
licensed premises is enlarged, altered, or extended, the licensee shall inform the
Issuing Authority. No person shall engage in the practice of tattooing and/or body
piercing at any place other than the place or location named or described in the
application and license. A separate room shall be required for body piercing and
tattooing services. The applicant shall submit a drawing to scale of the tattoo and/or
body piercing facilities.
f. No person shall solicit business or offer to perform tattooing and/or body piercing
services while under license suspension or revocation by the City.
g. The licensee shall be responsible for the conduct of the business being operated and
shall at all times maintain conditions of order.
City of Brooklyn Center 23 -100 City Ordinance
h. The licensee shall provide to the Issuing Authority a list of operators who perform
tattooing and/or body piercing at the licensed establishment and shall verify that each
operator has received a copy of Health and Safety Requirements and Sanctions for
License Violations as appear in Sections 23 -2301 through 23 -2314.
i. All licensees shall have at all times a valid certificate of insurance issued by an
insurance company licensed to do business in the State of Minnesota indicating that
the licensee is currently covered in the tattoo and/or body piercing business by a
liability insurance policy. The minimum limits of coverage for such insurance shall
be:
1. Each claim, at least Two Hundred Thousand Dollars ($200,000).
2. Each group of claims, at least Five Hundred Thousand Dollars ($500,000)
Such insurance shall be kept in force during the term of the license and shall provide
for notification to the City prior to termination or cancellation. A certificate of
insurance shall be filed with the City.
j . Inspections.
1. City Initiated. The Issuing Authority or designated health professionals shall, at
ml scheduled e 1 randomly inspection of each licensed
rrummum, conduct on O y
facility each year to determine compliance with City requirements.
2. Compliance Certification. A health professional who is retained by the licensed
operator and acceptable to the Issuing Authority shall inspect the licensed
premises in the month ofNovember of each calendar year. Said inspection is to
determine compliance with City requirements and a written report documenting
findings shall be submitted to the Issuing Authority within fifteen (15) days
from the date on which the inspection took place.
k. Branding and Scarification are prohibited in the City of Brooklyn Center.
Section 23 -2311. HEALTH AND SANITATION REQUIREMENTS. No person shall
engage in the practice of tattooing and/or body piercing at any place in the City without
complying with the following regulations:
a. Every place where tattooing and/or body piercing is practiced shall be equipped with
an adequate and conveniently located toilet room and hand lavatory for the
accommodation of employees and patrons. The hand lavatory shall be supplied with
hot and cold runnin water under pressure; shall be maintained in good repair at all
times; and shall be kept in a clean and sanitary condition.
City of Brooklyn Center
23 -101 City Ordinance
Toilet fixtures and seats shall be of a sanitary open front design and readily cleanable.
Easily cleanable, covered receptacles shall be provided for waste materials. Every •
lavatory facility shall be provided with an adequate supply of hand cleansing
compound and single service sanitary towels and hand drying devices.
b. No person having any communicable blood or skin infection or other communicable
diseases of the blood or skin shall practice tattooing and/or body piercing or shall be
tattooed or body pierced.
c. All disposable needles, razor blades, sharps, or other equipment utilized for
penetrating the skin shall be individually pre - packaged and pre - sterilized and stored
sterilizing ouch. No such equipment in a self-sealing st q g gP shall be used for more than
one customer. Tools and supplies must be stored in a dust -free container. All bio-
hazardous waste shall be disposed of in accordance with law and disposal procedures
shall be approved by the Issuing Authority. Sterilizing solutions and methods may be
used for the purpose of sterilizing instruments other than needles, razor blades,
sharps, or other equipment utilized for penetrating the skin when such sterilizing
solutions and methods are approved by the Issuing Authority.
used for skin preparation:
win P P
d. The following p rocedures shall be
1. Each operator shall wash his or her hands thoroughly with soap and water and
then dry them with a clean towel before and after each tattoo or body piercing.
Operators with skin infections of the hand shall not perform any tattooing or •
body piercing services.
2. Whenever it is possible to shave the skin, pre - packaged, pre - sterilized,
disposable razor blades shall be used.
3. The skin area to be tattooed or pierced shall be thoroughly cleaned with
germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic
solution approved by the Issuing Authority. Only single service towels and
wipes shall be used in the skin cleaning process.
4. All bandages. and surgical dressings used in connection with the tattooing
and/or body piercing of any person shall be individually pre - packaged, pre -
sterilized, and disposable.
e. All tables, chairs, furniture, or area on which a patron receives a tattoo or body pierce
shall be covered by single service disposable paper or clean linens, or in the
alternative, the table, chair, or furniture on which the patron receives a tattoo and/or
body pierce shall be impervious to moisture and shall be properly sanitized after each
tattoo or body pierce. Tables and counter tops shall be industrial grade Formica or
similar material. Drop cloths made of two -ply paper and plastic shall be available for
use as needed.
City of Brooklyn Center 23 -102 City Ordinance •
f. Every operator shall provide single service towels or wipes for each customer or
person and such towels and wipes shall be stored and disposed of in a manner
acceptable to the Issuing Authority.
g. Every operator shall wear clean, washable garments and protective latex disposable
gloves when engaged in the practice of tattooing and/or body piercing. If garments
are contaminated with blood or body fluids, such garment shall be removed and
changed and cleaned or disposed of in a manner acceptable to the Issuing Authority.
h. Pigments used in tattooing shall be premade and commercially prepared and free
from bacteria and noxious agents and substances including mercury. The pigments
used from stock solutions for each customer shall be placed in a single service
receptacle, and such receptacle and remaining solution shall be discarded after use on
P
Authority.
each customer in accordance with procedures approved by the Issuing A ty .
i. Jewelry for the other parts of the body shall be made of implant grade, high - quality
stainless steel (300 series), solid 14K and 18K gold, niobium, titanium, platinum, or a
dense, low- porosity plastic such as monofilament nylon, acrylic, or Lucite. Ear studs
or other jewelry designed for earlobe piercing are not appropriate jewelry for other
body parts. Jewelry shall have no nicks, scratches, or irregular surfaces, which might
endanger the tissues. Jewelry shall be pre - sterilized and in a sealed package.
j. There shall not be less than one hundred fifty (150) square feet of floor space at the
place where the practice of tattooing and/or body piercing is conducted, and said
place shall be so lighted and ventilated as to comply with the standards approved by
the Issuing Authority.
k. No person shall practice tattooing and/or body piercing while under the influence of
alcoholic beverages or illicit drugs. No customer shall be tattooed and/or body
pierced while under the influence of alcoholic beverages or illicit drugs.
1. The operator shall provide the person tattooed and/or body pierced with printed
instructions on the approved care of the tattoo and/or body pierce during the healing
process.
m. No place licensed as a tattoo and/or body piercing establishment shall be used or
occupied as living or sleeping quarters.
Section 23 -2312. PENALTY.
a. Any person violating any provision of Sections 23 -2301 through 23 -2314 is guilty of
a misdemeanor and upon conviction shall be punished not more than the maximum
penalty for a misdemeanor as prescribed by law.
• City o Brookl Y n Center 23 -103 City Ordinance
f
b. The City Council may, upon ten (10) days written notice to the operator and
following a public hearing, revoke the license or suspend the license if the licensee
submitted false information or omitted material information in the license process
required by Sections 23 -2301 through 23 -2314. The City Council may also revoke
the license or suspend the license for a violation of:
1. Any provision of Sections 23 -2301 through 23 -2314 or any other local law
governing the same activity during the license period.
2. Any criminal law during the license period which adversely affects the ability to
honestly, safely, or lawfully conduct a tattooing and/or body piercing business.
Section 23- 2313. HINDRANCE. Any person hindering the efforts of City officials to
investigate possible violations of Sections 23 -2301 through 23 -2314 shall be guilty of a
misdemeanor.
Section 23 -2314. CONFLICT OF PROVISIONS. In any case where a provision of
Sections 23 -2301 through 23 -2314 is found to be in conflict with the provision of any zoning,
building, fire, safety, or health ordinance or code in the City, the provision which establishes the
higher standard for the promotion and protection of the health and safety of the people shall
prevail.
In any case where a•provision of Sections 23 -2301 through 23 -2314 is found to be in conflict
with a provision of any other ordinance or code of the City existing on the effective date of this
ordinance which established a lower standard for the promotion and protection of the health and
safety of the property, the provision of Sections 23 -2301 through 23 -2314 shall be deemed to
prevail. The determination of the applicability of this ordinance in light of the above rules of
interpretation shall be made by the City and its determination shall be final.
City of Brooklyn Center 23 -104 City Ordinance i