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HomeMy WebLinkAbout2010 09-27 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION September 27, 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 • September 27, 2010 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 i the agenda. Open Forum will be limited to 15 minutes, t 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. —Becky Borchardt, St. Alphonsus Catholic Church 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 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. September 13, 2010 — Study Session 2. September 13, 2010 — Regular Session b. Licenses C. Resolution Authorizing the Execution of a Construction Cooperative Agreement for the County Road 57 Streetscape Improvements Project No. 2010 -17 between Hennepin County and the City of Brooklyn Center d. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -11, 18 and 19, 2010 Trail, Parking Lot and Sidewalk Improvements CITY COUNCIL AGENDA -2- September 27, 2010 • e. Resolution Accepting Proposal for Maximum Fees for Basic Auditing Services for Fiscal Years 2010, 2011, and 2012 f. Application and Permit for Temporary On -Sale Liquor License Submitted by St. Alphonsus School, 7031 Halfax Avenue North, for an Event to be Held November 6, 2010 g. Resolution Authorizing the Adoption of the Hennepin County Violent Offender Task Force Co- Operative Agreement 7. Presentations / Proclamations /Recognitions/Donations a. Project Peace Presentation from Sue Lantto Requested Council Action: — Motion to receive report. 8. Public Hearings a. An Ordinance Amending Ordinance No. 2010 -01 Regarding Council Salaries for 2011 -2012 —This item was first read on August 23, 2010; published in the official newspaper on September 2, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. 9. Planning Commission Items None. 10. Council Consideration Items None. 11. Council Report 12. Adjourn 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 27, 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. Highway 252 Initiative — Councilmember Yelich 2. 57th and Logan Update 3. Centennial Celebration Recommendation - Parks and Recreation Commission PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. Strategic Outcome Reports 3. 2011 Brooklyn Center Celebration Update 4. Neighborhood Designations 5. Junk and Inoperable Vehicles Update — Back Yard Parking 6. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 7. Brookdale Mall Update 8. Joslyn/City Property Remediation Update 9. Department Year End Reports 10. Active Living Program 11. Garbage Hauler Report — November 8 12. Community Schools Update 13. Firehouse Park Update — October 14. Graduated Sanitary Utility Rate Study — October 25 b- � a.— - Br�o�o�klyn Center Open Forum Registration Name Ut/( '�� / Date q-A I f10 Addres 6hone Subject Offa,---rok- &w. submit to Council Secretary prior to 6:45 p.m. 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 STUDY SESSION SEPTEMBER 13, 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, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested discussion on Item 6g, Cooperative Agreement for Grant Funding for the Shingle Creek Restoration Improvement Project, and asked if the engineering firm has an ecology expert on staff. Public Works Director /City Engineer Steve Lillehaug stated an engineer has not yet been hired and staff will assure it has an expert on staff. Councilmember Ryan requested discussion on Item 6f, Bid and Award for the County Road 57 Streetscape Improvements, and asked about design options and the retaining wall along the trail which makes the project more expensive. City Manager Curt Boganey advised there is no alternate location for the trail and the retaining wall is required for a relatively short distance. MISCELLANEOUS Councilmember Lasman asked about the estimated assessment for the Logan neighborhood. Mr. Lillehaug stated last year's total was $4,466 and this year it may be within 3% of that figure. Councilmember Yelich referenced a comment in the staff update about TH252 and asked for an explanation. Mr. Boganey explained that when this issue was raised initially, to make TH252 a freeway, it involved closing off the cross streets from Brooklyn Center but the City did not "buy into" that plan. Councilmember Yelich stated he sees benefits for the City if TH252 becomes a freeway. Mr. Boganey stated staff's approach is that the City is not against a freeway but it needs to provide adequate and reasonable local access. The Council agreed this is the correct approach to take. 09/13/10 -1- DRAFT Councilmember Roche stated it presents a bit of a "Catch 22" since 65 Avenue and TH252 is the tenth most dangerous intersection in the State. He noted this location has a lot of commercial businesses yet there is limited space to accommodate a freeway interchange. Councilmember Roche indicated it would be nice to have a concept for reintegration into the City at large. Mr. Boganey stated staff understands and has been advocating to find a solution. Councilmember Yelich asked if it "shuts the door" if this project is not included in Mn/DOT's 2010 draft plan. Mr. Lillehaug advised the "door is shut" if the City wants something done in the next five years because Mn/DOT's funding strategies will not accommodate an interchange to that extent. However, this project could be readdressed when Mn/DOT next looks at its funding plans. Mr. Lillehaug explained that since Mn/DOT does not have funding for an interchange and a pedestrian bridge over TH252, it would require City initiative. Mayor Willson stated he does not want a portion of the City cut off from amenities such, as the trails, River, and neighborhood. Mayor Willson questioned the frequency of law enforcement on this corridor to increase safety. Councilmember Ryan questioned the cost range for a pedestrian bridge. Mr. Lillehaug advised the cost is significant, estimating a range of $2 million to $5 million. Councilmember Ryan stated that level of funding is not within the City's ability but it is within the interest of Mn/DOT to move traffic through this corridor. . Councilmember Yelich stated his appreciation to staff for the financial report and balance sheet analysis. Mayor Willson advised that he will be out of town from September 18 to 26, 2010. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. 09/13/10 -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 REGULAR SESSION SEPTEMBER 13, 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 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. Will Dahn, 5733 Knox Avenue N., informed the Council about his attempt to personally speak to a police officer and a residential property that continues to violate the parking ordinance. City Manager Curt Boganey stated staff will respond to the issues raised by Mr. Dahn and asked him to provide staff with the address where the parking violations are occurring. No one else wished to address the Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION As the Invocation, Mayor Willson requested a moment of silence and reflection on those who lost their lives on September 11, 2001. 09/13/10 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn � Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vicki Schleuning, 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 Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 23, 2010 — Study/Work Session 2. August 23, 2010 — Regular Session 3. August 30, 2010 — Joint Work Session with Financial Commission 6b. LICENSES LIQUOR — CLASS B ON -SALE INTOXICATING AND SUNDAY Apple Minnesota LLC dba Applebee's 1400 Brookdale Center MECHANICAL Architect Mechanical 2917 Anthony Lane, St. Anthony Cities Companies, Inc. 1171 Wall Street, Big Lake Dependable Indoor Air Quality 2619 Coon Rapids Blvd., Coon Rapids Heating & Cooling Design 10830 Able Street NE, Blaine Swenson Heating & Air 12723 320'' Avenue NE, Princeton RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 1323 67th Lane N. Ali Sajjad 1300 68th Lane N. Scott Hartmann 1308 68th Lane N. Sommer Leonard • 09/13/10 -2- DRAFT 6819 Humboldt Avenue N. A304 Raymond Charest 6620 Irving Place Iyabo Lawal 6913 Toledo Avenue N. Fred Hanus RENEWAL (TYPE III — one -year license) 1510 69th Avenue N. Troy Pullis RENEWAL (TYPE II — two -year license) 6300 France Avenue N. Wade Klick 5655 Northport Drive Cindy & Raymond Scherbing RENEWAL (TYPE I — three -year license) 5301 Dupont Avenue N. Ung Properties 3825 51st Avenue N. Nhut Dang 6837 Beard Avenue N. Ryan Meyer 5501 Brooklyn Boulevard Mains'l Properties 6801 Emerson Avenue N. Anita Landry 6936 Ewing Avenue N. Nathan Gerard 6823 Fremont Place N. Duane Carter 6807 Humboldt Avenue N. C 103 Raymond Charest 6807 Humboldt Avenue N. C304 Raymond Charest 6813 Humboldt Avenue N. B202 Raymond Charest 6813 Humboldt Avenue N. B301 Raymond Charest 5332 Lilac Drive N. Mark Lundberg 6401 Scott Avenue N. Glenn & Mary Berscheit SIGNHANGER Twin Cities Sign Installation 4475 214 Avenue NW, Oak Grove 6e. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR 4201 58 TH AVENUE NORTH (NORTH MEMORIAL RESIDENTIAL HOSPICE) 6d. RESOLUTION NO. 2010 -123 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6e. RESOLUTION NO. 2010 -124 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2010 -11, 18, AND 19, CONTRACT 2010 -D, 2010 TRAIL, PARKING LOT, AND SIDEWALK IMPROVEMENTS 6f. RESOLUTION NO. 2010 -125 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2010 -17, COUNTY ROAD 57 STREETSCAPE AND IMPROVEMENTS 09/13/10 -3- DRAFT 6g. RESOLUTION NO. 2010 -126 EXECUTING A COOPERATIVE • AGREEMENT FOR GRANT FUNDING PURPOSES BETWEEN THE CITY OF BROOKLYN CENTER AND THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION FOR SHINGLE CREEK RESTORATION IMPROVEMENT PROJECT NO. 2010-16 6h. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GATEWAY COMMONS — 2810, 2814, 2826, AND 2830 NORTHWAY DRIVE 6i. RATIFY MAYORAL APPOINTMENT OF KOFFI AGBOSSOU, 1300 67' AVENUE NORTH #102, TO FINANCIAL COMMISSION Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARING 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT ABATEMENT • REMOVAL COSTS 1. RESOLUTION NO. 2010 -127 CERTIFYING ONE YEAR SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey introduced the item, reviewed the background, and stated the purpose of the proposed ordinance to certify special assessments for nuisance abatement costs for one year in the amount of $6,205. He advised that no appeals had been received for the one year or five year assessments. Councilmember Ryan moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. 09/13/10 -4- DRAFT Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2010 -127 Certifying One Year Special Assessment for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2. RESOLUTION NO. 2010 -128 CERTIFYING FIVE YEAR SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Curt Boganey introduced the item and stated the purpose of the proposed ordinance to certify special assessments for nuisance abatement costs for five years in the amount of $27,439.97. Councilmember Lasman moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2010 -128 Certifying Five Year Special Assessment for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 1. RESOLUTION NO. 2010 -129 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey introduced the item and stated the purpose of the proposed resolution to certify special assessments for delinquent public service accounts in the amount of $212,309.59. Councilmember Roche moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. 09/13/10 -5- DRAFT No one appeared to speak. • Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2010 -129 Certifying Special Assessment for Delinquent Public Utility Service Accounts to _ the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. PRELIMINARY 2011 LEVY AND BUDGET 1. RESOLUTION NO. 2010 -130 APPROVING A PRELIMINARY TAX • CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE 2011 Mr. Boganey introduced the item, reviewed the background, and stated the purpose of the proposed resolution to establish the preliminary property tax levy for the 2011 fiscal year at $13,911,803. He presented the 2011 preliminary levy and noted this is an increase of $342,831 or 2.53% over the levy payable in 2010. Director of Fiscal and Support Services Dan Jordet presented the projected impact to residential property in 2011, noting that it is projected the City's portion of the tax bill for most residential properties will decrease by $17.41 to $22.91, depending on valuation. Mr. Boganey pointed out that this only represents the residential portion of the tax base and some commercial, industrial, and apartment properties will experience a tax increase. Mayor Willson referenced a recent StarTribune article on cities with affordable housing, considered to be in the $180,000 range for the metro area, and advised that Brooklyn Center led the way with 99% of its housing being affordable. 09/13/10 -6- DRAFT In response to Council's questions, Mr. Jordet explained the property value determines not what • tax amount that property will pay but determines the proportion of the community's total tax bill that property will pay. Mr. Boganey addressed the loss of State revenues through LGA, noting the Legislature authorized LGA to the City in the amount of $1,510,989 yet the City is budgeting about 40% of what the current law would provide for LGA and Market Value Homestead Credit combined. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -130 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable 2011. The Council indicated their support for the draft resolution, noting it came about over several months with input from staff, the Council, and Financial Commission. Mayor Willson noted that three of the six staff vacancies over the last year have not been filled. He agreed it is a good compromise but a shame that staff has to be downsized because if that continues services may need to be eliminated. .Motion passed unanimously. 2. RESOLUTION NO. 2010 -131 ADOPTING A PRELIMINARY BUDGET • FOR THE 2011 FISCAL YEAR Mr. Boganey introduced the item, reviewed the background, and stated the purpose of the proposed resolution to adopt preliminary budgets for those funds using portions of the property tax levy operations in the amount of $17,409,536. Overall, the general fund budget for 2011 is designed to increase by 2.49 %. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -131 Adopting a Preliminary Budget for the 2011 Fiscal Year. Motion passed unanimously. Mr. Boganey stated this action is on the preliminary levy and budget and in December the Council will consider the final levy and budget, which cannot be increased but can be decreased. INTRODUCTION OF FINANCIAL COMMISSIONER Mayor Willson recognized Mr. Agbossou who was appointed to the Financial Commission through a Consent Agenda item. Koffi Agbossou, 1300 67 Avenue North #102, stated he is from West Africa where he served a city collecting taxes and making financial policies. He stated he is interested in serving on the City's Financial Commission to increase his knowledge 09/13/10 -7- DRAFT 11. COUNCIL REPORT Councilmember Yelich stated he was pleased to participate in the September 20, 2010, Brooklyn • Center Business Association golf fundraising tournament. Councilmember Lasman reported on her attendance at the August 3, 2010, Joint Work Session with the Financial Commission to refine the budget. Councilmember Lasman stated she was not able to attend the August 31, 2010, FBI regional headquarters ground breaking ceremony due to school training but was thrilled to see the picture in the newspaper. She announced that tomorrow is the East Palmer Lake Park neighborhood meeting and encouraged everyone to attend, noting they will get a lot of information on what is going on in Brooklyn Center. She also announced the September 15, 2010, Centennial Celebration Committee meeting, stating they are still looking for new members to plan events for the City's 100 birthday. Councilmember Roche encouraged attendance at the East Palmer Lake Park neighborhood meeting, starting at 6 p.m. He commented on the youth football games scheduled for Grandview Park and urged residents to use caution since school is now in session. He also commented on his attendance at a kickball match at Evergreen Park which resulted in positive press coverage in the StarTribune. Councilmember Roche announced the following events: • • Pancake breakfast to be held this Sunday, 8 a.m. to noon, at the Brooklyn Center High School and thanked Councilmember Lasman for her involvement to sell tickets. • Party of the Century, February 5, 2011, at 5 p.m., at the Earle Brown Heritage Center and advised their website address is www.bc100years.org • Swimming lessons at the Civic Center starting next week, which is included in the City Watch. • Acceptance of "Random Acts of Kindness" nominations. Councilmember Ryan reported on his attendance at the following: • August 30, 2010, Joint Work Session with the Financial Commission to address the preliminary levy and budget • August 31, 2010, formal groundbreaking for the Brooklyn Center FBI regional headquarters. He noted this will result in a significant boost to the City's economy and spur future development based on the City's great location. Mayor Willson advised of the humanitarian efforts of residents from the Liberian community who belong to a group that purchased an ambulance and are building a clinic in Liberia. Mr. Boganey noted the proceeds from the silent auction fundraiser during the golf tournament will be donated to the Centennial Celebration Committee. 09/13/10 -8- DRAFT 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ran seconded adjournment of the City Y J Council meeting at 7:46 p.m. Motion passed unanimously. i 09/13/10 -9- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM . DATE: September 21, 2010 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk�� SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its September 27, 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 Hoffman Refrigeration 5660 Memorial Avenue N, Stillwater Istel's Installation LLC 2500 Highway 88, Suite 215, St Anthony Scott Gordon Heating 3200 Fairbanks Avenue, Webster Zahl Petroleum Maintenance 3101 Spring Street NE, Minneapolis RENTAL See attached reports. SIGN HANGER Demars Signs 41093 d Avenue NW, Coon Rapids Leroy Signs 6325 Welcome Avenue N, Brooklyn Park !Mission: 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 (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 �� a Wiz.. 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 ' ` 1 .. ,Epp ,.• R � .h; ,. F. ,_ 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 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category _ `mac �.' � '� � � � ' .: �� 1 5 or more units Greater than 0.35 but not more than 0.50 i Decrease 2 1 -2 G reater than 3 Categories NN. :" 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Alission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Rental Licenses for Council Approval on September 27, 2010 Rental Standards Prior to March 6, 2010 Inspector Clerk Clerk Clerk Police Utilities Assessing Dwelling Renewal Calls for Unpaid Unpaid Type or Initial Owner Service Utilities Taxes 6418 Kyle Ave N Single Family Renewal Edward Roe 0 OK OK Rental Licenses for Council Approval on September 27, 2010 Current Rental Standards Property Final Dwelling Renewal Code License Police License Unpaid Unpaid Property Address Type or Initial Owner Violations Type CFS * Type ** Utilities Taxes 330162nd Ave N Single Family Initial Huong Trang 3 II N/A II OK OK 6813 Humboldt Ave N B103 Single Family Initial Elena Pecherskaya 0 II N/A II OK OK 4201 Lakeside Ave#112 Single Family Initial Paul Peterson 0 II N/A II OK OK 1 Bldg 1 2 1200 67th Ave N 18 Units Renewal Tom Morrow 11 .62/Unit .11/Unit I OK OK 6601 Unity Ave N Single Family Renewal Doug Wahl 0 1 0 1 OK OK 5505 Lyndale Ave N Single Family Renewal Dragon Property Mgmt 0 1 0 1 OK OK 7000 Quail Ave N Single Family Renewal Steven Macke 3 11 0 11 OK OK 1108 57th Ave N Single Family lRenewal jChaiThao 3 11 0 11 OK OK 5442 James Ave N Single Family lRenweal lGerald Stigsell 4 1 11 1 2 111 1 OK I OK 6813 Humboldt Ave N B102 Single Family lRenewal lWilliam& Elsa Lind 1 1 I 1 1 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 11=2 year Type III= 1 year Type IV=6 mos City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM • DATE: September 21, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Authorizing the Execution of a Construction Cooperative Agreement for the County Road 57 Streetscape Improvements Project No. 2010 -17 between Hennepin County and the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the Resolution Authorizing the Execution of a Construction Cooperative Agreement for the County Road 57 Streetscape Improvements Project No. 2010 -17 between Hennepin County and the City of Brooklyn Center. Background: On September 13, 2010, the City Council awarded the County Road 57 Streetscape project to Sunram Construction, Inc. At that time, Hennepin County indicated that they were interested in _ participating in project funding under their Roadway Enhancement Program. To solidify Hennepin County's participation, the County has prepared a Construction Cooperative Agreement that details the construction and cost responsibilities of each party (see attached). The • agreement specifies that the County will contribute up to $110,000 to help fund the City's project. The agreement mimics the agreement between the County and the City for the Bass Lake Road Streetscape improvements approved for that project. Budget Issues: Project costs and revenues are anticipated as indicated in the attached resolution. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 5 We will improve the image of the City with citizens and others • tiiissian: Ensuring an attractive, clean, safe curnnruatn that enhances the tivalitti of life and preserves the public trust adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A CONSTRUCTION COOPERATIVE AGREEMENT FOR THE COUNTY ROAD 57 STREETSCAPE IMPROVEMENTS PROJECT NO. 2010 -17 BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ( "City ") and Hennepin County ( "County ") have been working cooperatively to advance the project to provide streetscape, trail, lighting and general roadway improvements to the County Road 57 corridor from Highway 100 to Logan Avenue North; and WHEREAS, the Project is multi jurisdictional, involving the Minnesota Department of Transportation, Hennepin County and the City; and WHEREAS, the City intends to pay for the Project with County funding and City TIF District 3 Redevelopment Bond Proceeds; and WHEREAS, the project was awarded on September 13, 2010 and is scheduled to be completed by April 11, 2011; and • WHEREAS, the City and Hennepin County desire to set forth their various construction responsibilities in an agreement under the provisions of Minnesota Statute, Section 471.59. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The provisions of the Hennepin County Agreement No. PW 30- 02 -10, a Construction Cooperative Agreement between the City of Brooklyn Center and Hennepin County are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. • • RESOLUTION NO. September 27, 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. • e • a • Agreement No. PW 30 -02 -10 County Project No. 1030 County State Aid Highway No. 57. City of Brooklyn Center County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 20 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ", and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, the County and the City have been negotiating to bring about the improvement of County State Aid Highway No. (CSAH) 57 (57 Avenue North) from Trunk Highway 100 easterly 0.2 mile, as shown on the plans for City Project No. 2010 -17 (County Project No. 1030), hereinafter referred to as the "Project "; and WHEREAS, the above described Project lies within the corporate limits of the City; and WHEREAS, the Project will include landscape /streetscape and pedestrian improvements along CSAH 57; and WHEREAS, the City or its agents shall be responsible to develop the plans and specifications for the Project; and WHEREAS, the City has requested that the County approve said plans and specifications; and WHEREAS, the County has indicated its willingness to approve said plans and specifications; and WHEREAS, the City shall be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as -built plans required on the Project; and WHEREAS, the City or its agent has prepared an estimate for the Project in the amount of Four Hundred Eighty Five Thousand Seven Hundred and Eighty Five Dollars and Fifty Five Cents .($485,780.55). A copy of said estimate, marked Exhibit "A ", is attached hereto and by this reference made a part hereof; and • i Agreement No. PW 30 -02 -10 • CSAH 57, C.P. 1030 WHEREAS, the Project is eligible for cost participation under Hennepin County's Roadside Enhancement Partnership Program (REPP); and WHEREAS, the County will participate in costs of the proposed landscape/streetscape and pedestrian improvements included in the Project; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City or its agents shall prepare the necessary plans; specifications, and proposal; obtain approval of said plans and specifications from the County; advertise for bids for the work and construction, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and perform the required engineering and inspection; all in accordance with said plans and specifications. • II Prior to beginning construction, the City shall furnish the County with two (2) complete sets of Cotmty approved plans and specifications for said Project. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as-built plans certified as to their accuracy by the City's Project Engineer. Said as- designed plans, specifications and as -built plans for the Project shall be furnished by the City at no cost to the County. III The City or its agents shall administer the construction contract and perform all required en is sampling and testing for the Project engineering, inspection and testing. construction and matena g J g g, pec g p g shall be accomplished in accordance with all applicable standards and requirements of the Minnesota Department of Transportation's (Mn/DOT) State Aid for Local Transportation Division in.effect at the time of Contract award. The contract shall include the P lans and specifications prepared by the City or its agents and approved by the County. Said plans and specifications shall conform with the "RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES WITHIN HENNEPIN COUNTY RIGHT OF WAY" attached hereto, marked Exhibit "B ", which by this reference, is made- a part hereof. I • I I -2- W� " • Agreement No. PW 30 -02 -10 CSAH 57, C.P. 1030 1 The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. IV The construction of this Project shall be under the supervision and direction of the City Engineer. All work for the Project shall be completed in compliance with the plans and specifications. The County Engineer and representative staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County Engineer or designated representative on said change orders or • supplemental agreements. The County will respond to the City's request for approvals within seven (7) calendar days. V The City or its agents shall acquire all additional right of way, permits and/or easements required for the construction of said Project, at no cost to the County. Upon completion of this Project, all permanent right of way acquired for CSAH 57 as provided herein shall be conveyed to the County by the City with no consideration required. VI The County, through its Roadside Enhancement Partnership Program (REPP), will participate in a proportionate share of the contracted construction costs for the landscaping and streetscaping included in the Project. Said reimbursement shall be equal to thirty three percent (33 %) of the costs to install said landscaping and streetscaping up to maximum of $200,000.00 per centerline mile or $40,000.00. Also the County, through its Roadside Enhancement Partnership Program, will participate in a proportionate share of the contracted construction costs for the installation of the street lighting included in the Project. Said reimbursement shall be equal to fifty percent (50 %) of the costs to install said street lighting. -3 -1_- Agreement No. PW 30 -02 -10 • CSAH 57, C.P. 1030 The County, through its Roadside Enhancement Partnership Program, will participate in a proportionate share of the contracted construction costs for the construction of the concrete sidewalk included in the Project. Said reimbursement shall be equal to fifty percent (50 %) of the costs to construct concrete sidewalk. However, it is understood by the City that the County's participation in the costs to construct the special (colored) concrete sidewalk included in the Project shall be limited to the unit price of the low bidder to construct four inch concrete walk — the County will not participate in the additional costs to color sidewalk. The County's proportionate shares of the various contracted construction costs associated with said Project have been identified in the previous paragraphs. The estimated amount that the County is to pay the City for the contracted construction costs included in the Project is $108,912.94. It is understood and agreed that said payment amounts are estimates and that the actual payment amounts shall be based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement. It is further understood and agreed by the City that the County's total share of the construction contract costs for the Project shall not exceed One Hundred Ten Thousand Dollars and No Cents ($110,000.00) without an amendment to this Agreement. VII • After an award by the City to the successful bidder on the Project, the City shall invoice the County for ninety five percent (95 %) of its estimated share of the contract construction costs for the Project. Payment shall be made to the City by the County for the full amount due as stated on the invoice within forty five (45) days of the invoice date. Said estimated share and invoice shall be based on actual contract unit prices applied to the estimated quantities shown in the plans, and shall be subject to the limitation set forth herein. The remainder of County's share in the contract construction costs will be due the City upon the completion of the Project and submittal of the City Engineer's final estimate for the Project to the County. Upon final payment to the Contractor by the City, any amount remaining as a balance in the deposit account will be returned to the County on a proportionate basis based on the County's initial deposit amount and its respective final proportionate shares of the Project costs. Likewise, any amount due the City from the County upon final payment by the City shall be paid by the County as its respective final payment for the construction costs of said Project within forty five (45) days of receipt of an invoice from the City. All engineering costs on the Project shall be the responsibility of the City; there shall be no cost to the County for engineering. i -4- • Agreement No. PW 30 -02 -10 CSA14 57, C.P. 1030 VIII All payments to the City must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the City shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the City. Daily interest shall be at the rate of one (I %) percent per month on the disputed amount. IX It is understood and agreed that upon completion of the Project all landscape and streetscape improvements, concrete sidewalk, and street lighting included in the Project shall become the property of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be the responsibility of City and shall be performed at no expense to the County. X • All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self - insurance program. XII The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined City owned improvements constructed as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. -5- �tiL Agreement No. PW 30 -02 -10 • CSAH 57, C.P. 1030 The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined County owned improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes,. Chapter 466 or other applicable law. XH1 The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 57 as provided herein shall include clauses that will: 1) d is an officials, .officers a gents � County, its offi , Contractor to defend indemnify, and hold the Co g Require the Contrac o fy, tY, employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: • 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits General Aggregate $2,000,000 Products -- Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shalt be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non - owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: Statuto A. Workers Compensation r3' • Agreement No. PW 30 -02 -10 CSAH 57, C.P. 1030 If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability - Bodily injury by: Accident - Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 4. Professional Liability — Per Claim $1,500,000 Aggregate $2,000,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. X1V a It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or, provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of th e State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. • -7 -� Agreement No. PW 30 -02 -10 CSAH 57, C.P. 1030 XV In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City's Director of Public Works/City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. xvI It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only • be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. xVU The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XVIII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) • -8 -`- • Agreement No. PW 30 -02 -10 CSAH 57, C.P. 1030 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Sea]) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: • By: By: Deputy /Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator B y Date: Assis County Attorney And: q Date: `/( 7I 1 0 Assistant County Administrator, Public Works Date: ' APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Transportation Department and County Engineer Date: Date: -9- �� ENGINEER'S ESTIMATE BROOKLYN CENTER, MINNESOTA 67TH AVENUE (CA". 97) STREETSCAPE IMPROVEMENTS CITY PROJECT NO. 2010 -17 WSB PROJECT NO. 1910-01 - Sunrom lam Bid Unit Prim PARTICPATING NON - PARTICIPATING MNDOT TOTAL O U HENNEPIN COUNTY z 0 NO. 3 ITEM DESCRIPTION UNIT UNIT PRICE 0 z C.P. 201 IL w 3z a ~ ESTIMATED ESTIMATED REPP FUNDS QUANTITY COST s ESTIMATED ESTIMATED ESTIMATED ESTIMATED QUANTITY COST QUANTITY COST 1 M1.501 MOBILIZATION 5% LUMP SUM $23,000.00 1 523,000.00 S 1.00 $ 23 200.00 i 2 2101.502 CLEARING TREE $250.00 3 S750.00 $ 3 E 750.00 3 2101.507 GRUBBING TREE $150.00 3 $450.00 S - 3 450.00 4 2104.501 REMOVE CURB AND GUTTER LIN FT $11.10 610 $6.771.00 S 610 S 6.771.00 5 2104.505 REMOVE CONCRETE WALK SQ YD $9.00 1740 $15,660.00 $ 1740 15 660.00 8 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $13.05 120 $1,556.00 $ 120 $ 1,566.00 7 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $6.00 80 $480.00 $ 80 $ 480.00 8 2104.509 REMOVE CASTING EACH $375.00 2 $750.00 $ 2 S 750.00 9 2104.509 REMOVE LIGHT BASE FOUNDATION EACH $650.00 1 5650.00 S 1 $ 650.00 10 2104.511 ISAWING CONCRETE PAVEMENT LIN FT $5.50 200 $1,100.00 $ 200 $ 1 100.00 11 2104.513 SAWING BITUMINOUS PAVEMENT FULL DEPTH LIN FT $3.50 600 $2,100.00 3 - 600 $ 2 100.00 12 2104.523 SALVAGE SIGN EACH $55.00 14 $770.00 $ 14 $ 770.00 13 2104.521 SALVAGE AND REINSTALL FENCE LIN FT $8.90 170 $1,513.00 $ 170 $ 1513.00 . 14 2105.501 COMMON EXCAVATION CU YD 522.00 390 $8.5$0.00 Is 390 S 8.580.00 15 2105.522 ISELECT GRANULAR BORROW CU YD $40.00 30 $1,200.00 $ 30 $ 1.200.00 16 2105.525 TOPSOIL BORROW CU YD $26.00 250 $6,500.00 111 250 5,500.00 17 2105.607 TOPSOIL BORROW MOO CU YD $31.24 160 $4,998.40 33.00% 52.80 $ 1.849.47 107 $ 3,348.93 18 2123.610 CRAWLER MOUNTED BACKHOE HOUR $130.00 10 $1,300.00 10 1,300.00 19 2123.810 STREET SWEEPER H PICKUP BROOM) HOUR $110.001 20 $2,200.00 20 $ 2,200.00 20 2211.501 AGGREGATE BASE CLASS 5 TON $28.00 480 $12.880.00 460 12 880.00 21 2360.503 TYPE SP 12.5 WEARING COURSE MIXTURE B 9.0" THICK SQ YD $93.50 80 $7.480.00 $ 80 S 7 22 2402.583 ORNAMENTAL METAL RAILING SPECIAL 1 LIN FT $118.80 18 $2138.40 33.00% 6 111 712.80 12 1,426.60 23 2402.583 ORNAMENTAL METAL RAILING SPECIAL 2 LIN FT gS37.500.00 100 $12,320.00 33.00% 33 $ 4,065.80, 67 $ 8,254.40 24 2411.618 MODULAR BLOCK RETAINING WALL SQ FT '800 $23,800.00 $ 800 S 23 800.00 25 2504.801 IRRIGATION SYSTEM LUMP SUM 1 $37 500.00 $ 1 $ 37 500.00 26 2504.602 WATER SUPPLY SYSTEM EACH 1 $5 000.00 $ 1 5 000.00 2T 2S21.501 4" CONCRET€ WALK SQ FT 3500 $10,955.00 $0.00% 1750 5,477.50 1750 $ 5,477.50 28 2521.501 4" CONCRETE WALK SPECIAL 1 SQ FT $4.84 3320 516 088.80 50.00% 1860 5,196.80 680 $10,873. 29 2521.501 4" CONCRETE WALK SPECIAL 2 SQ FT $4.84 3730 $18.053.20 50.00% 18051 $ 5,837.45 1865 $12.215.75 30 2621.501 4" CONCRETE WALK SPECIAL 3 SO FT $3.74 5440 $20 50.00% 2720 10172.80 2720 111 10,172 30 2521.501 6" CONCRETE WALK SPECIAL 2 SQ FT $5.94 3020 $17,938.80 50.00% 1510 S 8,969.40 1510 $ 8,969.40 31 2531.501 CONCRETE CURB AND GUTTER DESIGN 8624 LIN FT $18.37 380 $8,980.60 S 380 111 6,950.60 J 32 2531107 8" CONCRETE DRIVEWAY PAVEMENT SO YD r $56.9 SZ846.00 S 50 2 846.00 Hennepin County AOroement No. PWI10 9/1• 8:46 AM 0802 E *EsLXIs Exhibit "A "; 3 3 • ENGINEESTIMATE • BROOKLYN CENTER, MINNESOTA 67TH AVENUE (C.SA.H. 67) STREETSCAPE IMPROVEMENTS CITY PROJECT NO. 2010-17 WSS PROJECT NO. 1910-01 Sunram E.ow Bid Unit Prices PARTICPATING NON - PARTICIPATING z z MNDO7 TOTAL y U HENNEPIN COUNTY C.P. 20 17 w NO ITEM DESCRIPTION UNIT UNIT PRICE v a F X z R EPP FUNDS ESTIMATED ESTIMATED z QUANTITY COST w ESTIMATED I ESTIMATED ESTIMATED ESTIMATED QUANTITY COST QUANTITY COST 33 2531.618 TRUNCATED DOMES SO FT $49.50 80 $3,960.00 $ 80 $ 3,960.00 34 2531.618 TRUNCATED DOMES SPECIAL SQ FT $55.00 138 $7,590.00 $ 138 7,590.00 35 2540.602 WASTE RECEPTACLE EACH $1,100.00 2 $2,200.00 33.00% 0.66 $ 726.00 1.34 $ 1,474.00 36 2540.602 BENCH EACH 11,600.00 4 $6.400.00 50.00% 2 $ 3,200.00 2 S 3,200.00 37 2540.602 STONE BENCH EACH $750.00 4 $3 DD0.00 50.00% 21$ 1,500.00 2 $ 1,500.00 38 2540.603 LANDSCAPE EDGER LIN FT $5.25 790 $4147.50 33.00% 263.331$ 1.382.48 526.67 $ Z765.02 39 2545.511 LIGHTING UNIT TYPE SPECIAL 1 EACH $6,833.00 6 $40,998.00 50.00% 31$ 20 499.00 3 $ 20 499.00 40 2545.511 LIGHTING UNIT TYPE SPECIAL 2 EACH $9,309.00 3. $27,927.00 50.00% 1.5 $ 13 963.50 1.51$ 13 963.50 41 2545.515 LIGHT BASE DESIGN E MODIFIED EACH 5425.00 9 $3.825.00 50.00% 4.5 $ 1.912.50 4.5 $ 1,912.50 42 2645.523 2" NON - METALLIC CONDUIT LIN FT $2.84 1620 $4.600.80 50.00% 810 $ 2.300.40 810 $ 2,300.40 41 2545.523 2" NON - METALLIC CONDUIT DIRECTIONAL BORE) LIN FT $15.52 40 $620.80 50.00% 20 $ 310.40 20 $ 310.40 43 2545.523 3" NON - METALLIC CONDUIT DIRECTIONAL BORE) LIN FT $18.53 75 $1 50.00% 38 $ 704.14 37 S 685.61 44 2545.531 UNDERGROUND WIRE 1 CONDUCTOR NO 110 UN FT $3.64 240 $873.60 50.00% 120 S 436.80 120 $ 436.80 45 2645.531 UNDERGROUND WIRE 1 CONDUCTOR NO 4 UN FT $1.61 7900 $12,719.00 50.00% 3950 $ 6,359.50 3950 $ 6,369.50 46 2545.531 UNDERGROUND WIRE 1 CONDUCTOR NO 6 LIN FT $0.82 2800 $2.796.00 50.00% 1400 $ 1,148.00 1400 $ 1.148.00 47 2545.541 SERVICE CABINET EACH $4202.00 1 $4,202.00 50.00% 0.5 $ 2.101.00 0.5 S 2,101.00 48 2515.545 EQUIPMENT PAD EACH $405.00 1 $405.00 50.00% 0.5 i $ 202.50 0.5 A 202.50 49 2545.553 HANDHOLE EACH $498.00 6 $2.988.00 50.00% 3 1.494.00 3 $ 1,494.00 50 2545.602 FURNISH LIGHTING UNIT TYPE SPECIAL 1 EACH $6,123.00 1 $6.123.00 $ - 1 $ 6 1 123.00 51 2545.602 FURNISH LIGHTING UNIT TYPE SPECIAL 2 EACH $8,160. 2 $16,300.00 $ 2 $ 16 300.00 52 2550.602 1ADJUST HANDHOLE EACH $400.00 4 $1,600.00 50.00% 2 $ 600.00 2 800.00 53 2563.601 TRAFFIC CONTROL LUMP SUM $11.500.00 1 $11 500.00 $ - 1.00 $ 3.500.00 54 2564.537 INSTALL SIGN TYPE C EACH $150.00 13 $1,950.00 S 13 $ 1.950.00 55 2554.537 INSTALL SIGN TYPE D EACH $150.00 1 $150.00 3 1 S 150.00 56 2565.602 PAINT SIGNAL SYSTEM LUMP SUM $3 500.00 1 SS.600.00 111 1.0 111 3 500.00 57 2571.502 DECIDUOUS TREE 2.5" CAL B&B TREE $275.00 23 $9,325.00 33.00% 7.59 S 2,087.26 15.41 4,237.75 58 2571.505 DECIDUOUS SHRUB NO 5 CONT SHRUB $22.00 60 $1,320.00 33.00% 19.80 8 435.60 40.20 1 884.40 59 2671.507 PERENNIAL 1G AL CONT PLANT $7.10 1980 $14 33.00% 853.40 S 4,639.14 1326.60 $ 9,418.86 80 2573.502 SILT FENCE PREASSEMBLED LIN FT $3.00 450 $1.350.00 S 450 $ 1,360.00 61 2573.530 STORM DRAIN INLET PROTECTION EACH $100.00 9 $900.00 9 900.00 62 2573.540 FILTER LOG TYPE WOOD FIBER BIO ROLL LIN FT $3.60 100 $380.00 $ 100 $ 360.00 [ 63:: 2575.505 SODDING TYPE LAWN SQ YD .60 1500 $5,400.00 5 1500 5,400.00 64 2575.513 MULCH MATERIAL TYPE 8 CU YD $27.00 80 $2160.00 33.00% 23.33 $ 629.91 56.67 $ 1,530A 9 Hennepin County Agreement No. PW 30 -02 -10 9H7/2010 8:46 AM 0802_EnginsersEstads Exhibit "A"; Sheet 2 of 3 ENGINEER'S ESTIMATE BROOKLYN CENTER. MINNESOTA 67TH AVENUE (C.SJ1.H. 57) STREETSCAPE IMPROVEMENTS CITY PROJECT NO. 2010-17 WEB PROJECT NO. 1910-01 Sunram tow Bid Unit Prices PARTICPATING NON- PARTICIPATING z TOTAL 0 B HENNEPIN COUNTY C.P. COSTS 17 CITY MNDOOT ITEM DESCRIPTION UNIT UNIT PRICE U a w REPP FUNDS ESTIMATED ESTIMATED z QUANTITY COST i ESTIMATED ESTIMATED ESTIMATED ESTIMATED` QUANTITY COST QUANTITY COST 65 t 2575.532 FERTILIZER TYPE 10.0 -10 POUND $4.15 62 $257.30 $ 62 S 257.30 66 2582.503 CROSSWALK MARKING EPDXY SO FT 310.00 774 $7,740.00 - 774 S 7,740.06 TOTAL ESTIMATED CONSTRUCTION COS $485,780.55 $108,912.94 $369,067.61 I I I r Hennepin County Agreement No. PW -10 9t 8:46 AM 0802_ EstAs ExhibR "A 8 v 3 HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TRANSPORTATION DIVISION RECOMMENDED URBAN LANDSCAPE / STREETSCAPE GUIDELINES i ansportati n ulvision Engineer Revision No. 0 Date 04/03/95 APRIL, 1995 Hennepin County Agreement PW 30 -02 -10 Exhibit "B "; Sheet 1 of 8 April 3, 1995 • HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TRANSPORTATION DIVISION RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDEUNES APRIL, 1995 INTRODUCTION Hennepin County Department of Public works' Transportation Division (Division) has as a delegated function and responsibility to maintain a system of roadways that provide transportation for residents of the County in a safe, efficient manner. Year around safety requires adequate sight distances and a minimum operational clear zone that can also accommodate snow storage. The D ivision has prepared _this._.Recommended - -Ur- ban- Landsc -ape -/streetscape- Guide-7- lnos— Guidelines) to more consistently and thoroughly respond to questions about urban landscape /streetscape design practices. All landscape /streetscape plans must be prepared and signed in accordance with the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design. The City Engineer shall also approve and sign the title or cover sheet for those landscape /streetscape plans. The City Engineer must also evaluate sight distances along the project and assure the Division,. in a report, that sight distances are adequate. The placement of obstacles or fixed objects, such as structures, trees, etc., ' within Hennepin County's right of way shall be cause for the Municipality to assume legal liability and additional maintenance responsibility through a Cooperative Agreement. RECOMMENDED The following is an alphabetical listing of the Division's recommended guidelines for l and sca /streetscape design. The criteria listed is not all inclusive or necessarily complete. Requests for more clarification should be .addressed to the Division -Engineer or his /her designee. Figure 1 at end of this document contains a summarization of the recommended operational clear zone guidelines. . Bouleva The Division prefers a low maintenance boulevard. Snow and ice control methods may prevent the survival of some desired vegetation. The Municipality has the responsibility for mowing and the maintenance of facilities behind the curb. -1- • Hennepin County Agreement PW 30 -02 -10 Exhibit "B"; Sheet 3 of 8 Ll�l An ' • Apri l 3,. 1995 • S dewal s. The Division recommends a sidewalk with a minimum 5 foot width and prefers the sidewalk be placed 6 feet from the face of curb to accommodate snow storage. • Signals Sinning and Other Traffic Control Devices All traffic control devices must comply with MMUTCD. For urban cross sections, the Division recommends traffic signs be placed at least 6 feet from the face of curb to the edge of sign. Sign placement is preferred behind the sidewalk. The location of utilities should be considered with regard to future sign placement. In areas where there is no sidewalk, clearance to the signage should be at least 6 feet from the curb or edge of shoulder to allow for snow storage and /or future. sidewalk(see Snow Storage). Landsca stre .14- not_._obstr--uct- the- 0ew-af signage: — - - -- - - - - -- - Traffic signals shall have the Division's standard type and color. Any other h r scheme requires prior review and approval by the Division and require the Municipality to maintain the paint system at no cost to the • Division. Lead based paint shall amt be used. Paint must comply with current Mn /DOT specifications. • Snow Storage The Division requires minimum operational clear zones for-snow-storage along the side of the road based on the posted speed limit. The requirement of an operational clear zone for snow storage.allows the Division .to. efficiently clear roads of snow and help maintain the road's traffic carrying capacity. Inadequate snow storage will reduce lane widths, adversely affect traffic handling capacity of the road and trucks from using the partially blocked traffic lane' Roads that are not cleared of snow along the curb to the storm drain can also cause drainage -problems when the snow melts. The Division may require that the Municipality obtain an easement if there is inadequate snow.storage available within the right of way as a result of landscape /streetscape structure placement. In areas where landscape %streetscape structures cause inadequate'room to store snow off the road, the Municipality will be .required to either move or haul away the snow (see Introduction for legal liability and maintenance requirements). • Street Lighting Street lighting must be functional and meet appropriate standards for illumination. Special consideration should h: given to eliminating glare and shadows. Questions on lighting should b-: re•13rred to the Division's Design Section. -4- Hennepin County Agreement PW 30 -02 -10 Exhibit "B"; Sheet 6 of 8 W April 3, 1995 • Trees Trees, in general, can obstruct the view of signs and signals. Prior to the placement of any tree, sight lines should be evaluated that includes consideration for fully mature trees and their canopies. The Division standard does not sanction the planting of trees on County right of way within the operational clear zone (see operational Clear Zone). Planting coniferous trees is discouraged within Hennepin County's right of way. Tree grates in sidewalks or paved areas, unless properly installed and maintained, can be a hazard to pedestrians, people with disabilities, and snow removal operations, etc. The Municipality assumes all liability for any Y 9 the lacement of tree rates or other obstacles within the County's . right of way. Y Irrigation, if deemed necessary, shou be li to a tr ickle type sy stem - --------- i=see- I-rrtgafii-on-}--- - - - - -- - - -- --- — -- - - - - -- ------- - - - - -- The Division does not contribute to the replacement of any streetscape /landscape alteration as a result of any highway maintenance, modification or utility work.. • • t e Underground utilities that do not extend above the surface may be placed within the County's operational clear zone. Above ground utilities, however, should be placed outside the County's operational clear zone. PERMITS The Division's Permit Office shall be informed of all construction or maintenance work within the County's road right of way. Traffic Control and time of work must be approved by the Division prior to beginning any work. .(Example: Parking in a traffic lane during rush hour is not allowed.) Hennepin County Agreement PW 30-02 -10 Exhibit "B"; Sheet 7 of 8 �� �� FIGURE 1 HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TRANSPORTATION DIVISION RECOMMENDED LANDSCAPE / STREETSCAPE GUIDELINES URBAN TYPICAL ROADWAY CROSS SECTION PLACEMENT of TREES, TRAFFIC LANE MINIMUM UTILITIES FIXED OBJECTS ETC. 2' GUTTER OP _ CLEAR ZONE �a _ - - -- - - = - - -= STORAGE �- RECOMMENDED PLACE#84T OF SIGNS • BOULEVARD FACE OF CURB POSTED SPEED LIMIT MINIMUM OPERATIONAL CLEAR ZONE 35 M.P.H. OR LESS 6 FOOT ( FROM THE FACE OF CURB) GREATER. THAN 35 M. P. H. TO 45 M. P. H. 10 FOOT (FROM THE FACE OF CURB) GREATER THAN 45 M.P.H. ANALYZED ON AN INDIVIDUAL BASIS BY THE DIVISION. • APRIL 1995 . 6 Hennepin County Agreement PW 30 -02 -10 Exhibit "B"; Sheet 8 of 8 L City Council Agenda Item No. 6d • • COUNCIL ITEM MEMORANDUM • DATE: September 21, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement. Project Nos. 2010 -11, 18 and 19, 2010 Trail, Parking Lot and Sidewalk Improvements Recommendation: It is recommended that the City Council consider approval of the Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -11, 18 and 19, 2010 Trail, Parking Lot and Sidewalk Improvements. Background: Bids for the 2010 Trail, Parking Lot and Sidewalk Improvements, Project Nos. 2010 -11, 18 and 19 contract were received and opened on September 16, 2010. The bidding results are tabulated. below: BIDDER TOTAL Barber Construction, Inc. $175,233.95 ** Bituminous Roadways, Inc. $181,055.00 • Northwest Asphalt $191,360.30 Hardrives, Inc. $199,565.90 Concrete Idea, Inc. $208,510.50 Midwest Asphalt Corp. $337,713.00 * *$esults shown above for Barber Construction, Inca include minor corrections in the total bid amount due to mathematical errors on their bid form. Corrections do not change the order of the bids. Of the six (6) bids received, the lowest bid of $175,233.95 was submitted by Barber Construction, Inc., of St. Bonifacius, Minnesota. Barber Construction, Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $175,233.95 is a slight increase from the 2010 budgeted amount (see attached Resolution — Costs and Revenue tables). The total estimated budget was $175,400.00 and is amended to $183,533.95, an approximate 4.6 percent increase. The additional funding amount needed for the sidewalk repairs is recommended to be funded out of the Municipal State Aid (MSA) fund. Although the bid amount is slightly higher than the estimated amount, we received six bids, five of which were very competitive. Council Goals: • Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements ,Mission: Ensuring an attractive, clean, snfe cotnnrunitV that enhances the qualiti oflife and preserres the puhlic trust Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2010-11,18 AND 19, 2010 TRAIL PARKING LOT AND SIDEWALK IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2010 -11, 18 and 19, bids were received, opened, and tabulated by the City Clerk and Engineer on the 16 day of September, 2010. Said bids were as follows: BIDDER TOTAL Barber Construction, Inc. $175,233.95 ** Bituminous Roadways, Inc. $181,055.00 Northwest Asphalt $191,360.30' Hardrives, Inc. $199,565.90 Concrete Idea, Inc. $208,510.50 Midwest Asphalt Corp. $337,713.00 "Results shown above for Barber Construction Inc. include minor corrections in the total bid amount due to mathematical errors on their bid form. Corrections do not change the • order of the bids. WHEREAS, it appears that Barber Construction, Inc., of St. Bonifacius, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Barber Construction Inc., of St. Bonifacius, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2010 -11, 18 and 19, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. • • RESOLUTION NO. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Trails $ 97,400.00 $ 102,596.00 Sidewalks $ 35,000.00 $ 40,709.20 Arboretum Parking Lot $ 28,600.00 $ 24,720.00 EBHC Sidewalks $ 6,100.00 $ 7,208.75 Subtotal Construction Cost $ 167,100.00 $ 175,233.95 Admin/Legal/Engr. $ 8,300.00 $ 8,300.00 Total Estimated Project Cost $ 175,400.00 $ 183,533.95 Amended REVENUES Estimated per Low Bid Capital Project Fund - Trails $ 99,000.00 $ 107,455.49 Capital Project Fund - Parking Lot $ 30,000.00 $ 25,890.87 Streets Operating Budget $ 40,000.00 $ 37,637.40 • MSA Fund $ $ 5,000.00 EBHC Capital Projects Fund $ 6,400.00 $ 7,550.19 Total Estimated Revenue $ 175,400.00 $ 183,533.95 September 27, 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. • City Council Agenda Item No. 6e 1 • COUNCIL ITEM MEMORANDUM • DATE: 21 September 2010 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Audit Price Proposal for 2010, 2011 and 2012 Fisca ear Audits Recommendation: It is recommended that the City Council consider approval by resolution of an agreement to establish the maximum price for the audit of the City's Comprehensive Annual Financial Report for the years ending December 31, 2010, 2011 and 2012. Background: In January of 2008, the City Council hired the firm of Malloy, Montague, Karnowski, Radosevich & Co. (MMKR) following an RFP for Auditing Services as is required by Council policy every six years. In the initial agreement, the fees for the first three years of that engagement were established as follows and generated the accompanying payments: Maximum Fee for Basic Audit FY 2007 $ 38,725 Actual Payment $ 38,725 Maximum Fee for Basic Audit FY 2008 $ 39,280 Actual Payment $ 38,575 Maximum Fee for Basic Audit FY 2009 $ 39,850 Actual Payment $ 38,615 Three Year Total Proposed $ 117,855 Actual $ 115,805 The actual payments for basic audit services for the first three years of the engagement have been $ 2,050 less that the guaranteed maximum. This is a credit to the Assistant Finance Director, Clara Hilger, and the rest of the Finance Staff for their advance preparation work on each audit. Past practice has been to negotiate each of the ensuing three years on an annual basis until the next RFP as they arise. In order to better plan for budgets in the current economic situation, MMKR was asked to prepare a proposal for the entire three year period remaining before the next scheduled RFP. They have submitted the following proposal: Maximum Fee for Basic Audit FY 2010 $ 38,500 Maximum Fee for Basic Audit FY 2011 $ 38,500 Maximum Fee for Basic Audit FY 2012 $ 38,900 Three Year Total Proposed $ 115,900 This effectively stabilizes the City's audit costs for the next three fiscal years should the City Council accept the proposed fee schedule. A copy of the actual proposal is attached for the Council's review. Mission: Ernsurin, an attractive, clean, safe conununiti- that enhances the rlualitp of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: Accepting the proposed fee schedule would effectively set the basic audit fees for the next three years at the same level as expended in the previous three years. Total audit cost for basic audit services will be no higher than $ 115,900 for fiscal years 2010, 2011 and 2012. Council Goals: : On oin g g 1. We will provide streamlined, cost effective, quality services with limited resources • • Alission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Master Copy Dollar Cost Proposal for City of Brooklyn Center for Professional Auditing Services For Fiscal Years Ending December 31, 2010, 2011, and 2012 By Malloy, Montague, Karnowski, Radosevich & Co., P.A. James H. Eichten, Principal 5353 Wayzata Boulevard, Suite 410 Minneapolis, MN 55416 (952)545 -0424 Dated: September 10, 2010 DOLLAR COST PROPOSAL FOR THE CITY OF BROOKLYN CENTER FOR PROFESSIONAL AUDITING SERVICES For Fiscal Years Ending December 31, 2010, 2011, and 2012 By Malloy, Montague, Karnowski, Radosevich & Co., P.A. I certify that I am entitled to represent Malloy, Montague, Karnowski, Radosevich & Co., P.A., empowered to submit this proposal, and authorized to sign a contract with the City of Brooklyn Center (the City). Signed: ` James . Eichten, CPA Pri i al Total all - inclusive maximum price: December 31, 2010 $ 38,500 December 31, 2011 38,500 December 31, 2012 38,900 Total $ 115,900 Our proposal does not include an audit in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a single audit of federal assistance funds, this Sealed Dollar Cost Proposal would need to be modified. SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31 2010 FINANCIAL STATEMENTS By Malloy, Montague, Karnowski, Radosevich & Co., P.A. Standard Quoted Hourly Hourly Hours Rates Total Total Basic audit Principals 40 $ 230 $ 220 $ 8,800 Managers 55 145 140 7,700 In- Charge Accountants 115 110 105 12,075 Staff Accountants 110 85 85 9,350 Other — Clerical 10 45 45 450 Subtotal 330 38,375 Reimbursable expenses (photocopies, mileage, etc.) 125 Total estimated price for 2010 audit $ 38,500 • If it should become necessary for the City of Brooklyn Center (the City) to request the auditor to render any additional services to either supplement the services requested in this proposal or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work agreed to between the City and the firm shall be performed at the same rates set forth in the schedule of professional fees and expenses included above. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR MAXIMUM FEES FOR BASIC AUDITING SERVICES FOR FISCAL YEARS 2010, 2011, AND 2012 WHEREAS the City Council Code of Policies Section 2.80 requires that the City solicit proposals for audit of its financial statements no less frequently than every six years and adopts a schedule under which proposals were to be solicited for audit services in 2007; and WHEREAS proposals were solicited in December 2007 through a Request for Proposals for Professional Auditing Services approved by the City Council on 10 December 2007; and WHEREAS the City Council awarded an engagement for auditing services to Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) as a result of that process and accepted a three year guaranteed maximum cost proposals for the basic auditing service; and WHEREAS MMKR has submitted a guaranteed maximum cost proposal for an additional three fiscal years' basic audit services which appears reasonable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that proposal from the firm of Malloy, Montague, Karnowski, Radosevich & Co. P.A. for basic audit services for the 2010, 2011, and 2012 fiscal years be and hereby is accepted. September 27, 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 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk �A6WCKY� DATE: September 22, 2010 SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by St. Alphonsus School, 7031 Halifax Avenue North, for an Event to be Held November 6, 2010 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by St. Alphonsus School, 7031 Halifax Avenue North, for an event to be held November 6, 2010. Background: St. Alphonsus School, 7031 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held November 6, 2010. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a charitable, religious, or nonprofit organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. t OF `U P _ /M Minnesota Department of Public Safety ? ALCOHOL AND GAMBLING ENFORCEMENT DIVISION � r 444 Cedar Street Suite 133 St. Paul MN 55101 -5133 'TFO `""" " (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 - 6555 ".� W W W.DPS.STATE.MN.US • APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER •� Es Sao �� STREET A DRESS CITY STATE ZIP CODE aS/ 1 NAME OF PERSON MAING APPLICATION BUS NESS PHONE HOME PHONE 503 :33g ( ) DATES LIQUOR WA BE SOLD TYPE OF ORGANIZATION REL IGIOUS N NPROFIT ORGGANIZATION OFFICER'S NAME /� n ADDRESS St -f I �j C. SS. /C . 7O25=Ave 91 (0 ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. I APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol an PP Pp d Gamblin g PP Enforcement Division will return this application to be used as the License for the event • PS-09079 (05/06) Certificate of Coverage Date: 9/20/2010 Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of St. Paul- Minneapolis confers no rights upon the holder of this certificate. This certificate Chancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue St. Paul, MN 55102 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA Covered Location 10843 OLD MILL RD Church of St. Alphonsus OMAHA, NE 68154 7025 Halifax Avenue North Brooklyn Center, MN 55429 -1394 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Coverage Effective Coverage Expiration Type of Coverage Certificate Number Date Date Limits Property Real & Personal Property General Liability Each Occurrence 500,000 General Aggregate ®✓ Occurrence Products- Comp /OP Agg 8589 7/1/2010 7/1/2011 ® Claims Made Personal & Adv Injury Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability Each Occurrence 500 000 8589 7/1/2010 7/1/2011 ' Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit /Coverage Description of Operations/Locations/vehicles /Special Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage verified for the Church and School of St. Alphonsus' Fall Festival to be held on Church Grounds on November 6, 2010. Includes Liquor Liability. Holder of Certificate " Cancellation Should any of the above described coverages be cancelled Minnesota Department of Public Safety before the expiration date thereof, the issuing company will 0 Alcohol and Gambling Enforcement Division endeavor to mail days written notice to the holder of 4 LPaul,MN55101 St. Ste. 133 certificate named to the left, but failure to mail such notice shall -5133 impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative ,s 0111003263 f City Council Agenda Item No. 6g 1 • COUNCIL ITEM MEMORANDUM DATE: September 22, 2010 TO: Curt Bo ane City Manager g Y� Y g FROM: Kevin Benner, Chief of Police SUBJECT: Hennepin County Violent Offender Task Force Co- operative Agreement Recommendation: It is recommended that the City Council consider adoption of the Hennepin County Violent Offender Task Force (VOTF) Co- operative Agreement. The purpose of this agreement is to work cooperatively with other agencies within Hennepin County in the enforcement of violent offender laws. Background: The Hennepin County Violent Offender Task Force (VOTF) was formed to address violent crime within the north metropolitan area. By partnering with neighboring agencies in Hennepin County, VOTF officers have been able to share intelligence and work together to identify and manage known violent offenders throughout several cities. Currently, Hennepin County Sheriff deputies are working together with officers from the Brooklyn Center, Brooklyn Park, Golden Valley, and Richfield police departments to identify the most violent offenders in the north metropolitan area. VOTF has also formed partnerships with the Alcohol, Tobacco, Firearms and Explosives (ATF) agency. This federal agency has assigned agents to work with this partnership, thus extending the range of intelligence made available to VOTF. In April 2010, the Hennepin County Sheriff's Office invited the Brooklyn Center Police Department to official participate in this partnership. If the agreement is accepted, the officer will be able to provide information about known violent offenders in Brooklyn Center and, in turn, receive information regarding other violent offenders within Hennepin County and beyond. By working cooperatively, VOTF can obtain the intelligence necessary from multiple agencies to fight violent crime through the enforcement of violent offender laws. Budget Issues: Currently, one sworn police officer from the Brooklyn Center Police Department is assigned to VOTF from the patrol street crimes unit. A 2010 State grant fund for VOTF provides $16,000 in salary for this position. This creates a potential savings to the City of $16,000 in 2010. Council Goals: Strategic: 1. We will ensure a safe and secure community Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE CO- OPERATIVE AGREEMENT WHEREAS, it has been proposed that the City adopt the Hennepin County Violent Offender Task Force Co- operative Agreement; and WHEREAS, Violent Offender Task Force Officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Violent Offender Task Force Officers can extend the range of intelligence to better prevent violent crime and enforce violent offender laws. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager and Police Chief be and hereby is authorized to accept and implement the proposed Hennepin County Violent Offender Task Force Co- operative Agreement. September 27 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. . HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2010 CO- OPERATIVE AGREEMENT The Hennepin County Violent Offender Task Force is currently operating under an existing Co- operative Agreement, executed by Hennepin County, on behalf of the Hennepin County Sheriffs Office and the Hennepin County Attorney's Office, the City of Richfield, the City of Brooklyn Park, the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement Administration. This HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2010 CO- OPERATIVE AGREEMENT adds to or changes some of the rights, duties and obligations under the old agreement. The previous Co- operative Agreement is hereby terminated except that provisions that by their nature are intended to survive the termination of that Agreement, including but not limited to Section 7, Liability, shall survive as to matters relevant to said previous Co- operative Agreement. The parties to this Co- operative Agreement are units of government responsible for the enforcement of laws in their respective jurisdictions. The parties desire to work cooperatively in the enforcement of violent offender laws including but not limited to the enhancements and crimes set forth in Minnesota Statutes § 609.1095, and, for that purpose, are hereby forming the Hennepin County Violent Offender Task Force. The undersigned governmental units, in the co- operative and mutual exercise of their powers, agree as follows: 1. Name. The name of the co- operative powers entity shall be the Hennepin County Violent Offender Task Force. (HCVOTF). 2. Definitions: a. Officer — means a peace officer, employed by a Member, who is assigned to the Task Force full -time and has been approved by the Task Force Board. b. Board — means the governing board of the Task Force. i I C. Fiscal Agent — Hennepin County Sheriff's Office agrees to perform this function during the initial term of this Agreement. d. Member - means a governmental unit that is a signatory to this Agreement or a counterpart. e. Task Force — means the Hennepin County Violent Offender Task Force. £ Task Force Commanders — means one (1) supervisor from the Hennepin County Sheriff's Office. Future Task Force Commanders will be nominated and voted on by the Board. g. Non- Voting Member — means the Drug Enforcement Administration and the Hennepin County Attorney's Office. h. Executive Director — means Hennepin County Sheriff's Office Inspector of Investigations Bureau or his/her designee. L Director — means member of Governing Board. 3. Members. The initial Members of the Task Force are the following governmental units: Hennepin County Sheriff' s Office . Brooklyn Park Police Department Brooklyn Center Police Department Golden Valley Police Department Richfield Police Department Hennepin County Attorney's Office Drug Enforcement Administration (DEA) 3.1 The Members shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The Members agree to act in good faith to undertake resolution of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. 4. Term. 4.1 The term of this Agreement shall be for seven years, commencing January 1, 2010 and terminating January 31, 2014, unless terminated earlier pursuant to the provisions of this Agreement. This Agreement may be extended by mutual written agreement of the parties I 2 for one successive seven year term upon the same terms, conditions, and covenants, unless the Task Force is dissolved prior to expiration of the initial or successive term. 4.2 Upon dissolution of the Task Force, the Board shall provide for the distribution of all Task Force funds and assets in the following manner: (1) The Board may determine to sell and liquidate non - monetary assets prior to distribution; and (2) Assets and funds shall be distributed in proportion to the full -time staffing contributions and other financial contributions of each Member to the Task Force determined by the full time equivalent contributions of each current Member. Property owned by Members shall be returned to the Members upon dissolution. A Member whose membership terminates prior to dissolution of the Task Force is entitled to the return of its own property, but is not entitled to any share or portion of Task Force funds or assets. 5. Governing Board. 5.1 The Task Force shall be governed by a Governing Board (Board). Members of th e Board will be known as "Directors." Except as indicated herein, the Chief Law Enforcement • Officer from each Member, or his or her designee, shall serve as a Director. Each Director and, accordingly, each Member agency is allowed no more than one (1) vote, regardless of the number of employees assigned to the Task Force or in attendance at any meeting from the respective Agency. The Director representing the Hennepin County Attorney's Office shall not vote on Board matters but instead shall make recommendations to the Board. 5.2 Directors shall not be deemed employees of, nor compensated by the Task Force. 5.3 The Hennepin County Sheriff shall be the chair of the Board. The Chair's responsibilities include but are not limited to the following: giving notice of meetings when scheduled or otherwise called; calling meetings to order and providing for their orderly and efficient conduct; and providing for the preparation of minutes. 5.4 The Board shall oversee the operational activities of the Task Force and by and through the Task Force Commander shall monitor the progress of the mission and goals established by the Board. 5.5 The Board shall meet on a quarterly basis or more frequently as needed. 3 5.6 The Board may take action based on the vote of a simple majority. A quorum shall exist, and votes may be taken, if a majority of the Directors or their designees are present. 5.7 The Board may recommend changes in this Agreement to its Members. Such changes shall not become effective until the governing body of each Member has, by resolution, approved such changes. 5.8 Non - Voting Members may attend Board meetings. 6. Powers and Duties of the Task Force. 6.1 To accomplish the objectives herein, all Task Force Members shall assign at least one peace officer licensed pursuant to Minnesota Statutes § 626.84, subd.1, or similar licensing statute or regulation, to the Task Force on a full -time basis. The assigned peace officer must comply with Minnesota Statutes § 471.59, subd. 12. 6.2 A typical assignment to the Task Force should be for a minimum period of two years. However, assignments shall be at the pleasure of both the Task Force Board and the Officer's employing agency and may be terminated at any time. 6.3 The Task Force will direct investigative and enforcement activities based on intelligence provided by the Task Force Members with priority given to case investigations that directly impact the Members' Minnesota communities. 6.4 Future Task Force Commanders will be nominated by the Hennepin County Sheriff s Office and approved by the Board. The Task Force Commander shall be responsible for the day to day operations of the Task Force and provide the overall direction and supervision of the Task Force officers. Future Task Force Commanders will be nominated by the Hennepin County Sheriffs Office and approved by the Board. The Task Force Commander's duties shall include, but not be limited to: (a) Guiding and directing the activities of personnel assigned to the Task Force; (b) Establishing and monitoring goals, priorities, budgets, operational policies and procedures and work assignments; (c) Reviewing and approving reports; (d) Scheduling assigned personnel; (e) Providing input on employee evaluations, if requested; (f) Allocating overtime work, if necessary. 4 • 6.5 The Task Force shall cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which the Task Force is organized. 6.6 The governmental unit serving as the Fiscal Agent shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its Members which includes the following information: (a) The financial condition of the Task Force; (b) The status of all Task Force projects; (c) The business transacted by the Task Force; (d) Quarterly financial report; (e) Other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports, and records shall be open to inspection by its Members at all reasonable times. 6.8 Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting one of the Members as the agent, representative or employee of another Member for any purpose or in any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall not be considered temporary or permanent employees of any other Member for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers' compensation, re- employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another Member. 6.9 The Members acknowledge and agree that it is their sole responsibility to provide all salary compensation and fringe benefits to their separate employees. Benefits may include, but are not limited to: health care, disability insurance, life insurance, re- employment insurance, FICA, Medicare, and PERA. 6.10 The Members acknowledge and agree that it is their responsibility to provide the equipment necessary to enable their assigned employee to complete their duties. 6.11 The Members acknowledge and agree that Hennepin County will provide initial start-up funds, to include co- located headquarter space. 6.12 The parties acknowledge and agree that entering into and carrying out the terms and . conditions of this Agreement will not violate or constitute a breach of any obligation binding 5 the parry and shall comply with all applicable federal, state, and local laws including but not limited to Minnesota Statutes § 471.59. • 6.13 The Task Force adopts the policy and procedure guidelines established by the Minnesota Department of Public Safety Gang and Drug Oversight Council. (See generally Minnesota Statutes, Chapter 299A.641, as amended or updated.) 6.14 The Task Force shall process all seized cash, physical assets and evidence through the normal evidence handling procedures within the Hennepin County Sheriffs Office. Seizures of cash, real property and personal property must be done in accordance with all applicable laws and regulations. The Task Force shall promptly report forfeitures in accordance with MN. Statute 609.5315, subd. 6. 7. Liability. 7.1 Each Member agrees that it will be responsible for its own acts and the acts of its officers and employees and any liability resulting therefrom to the extent authorized by law and shall not be responsible for the acts of the other Member or any liability resulting therefrom. Each Member acknowledges and agrees that it is insured or self - insured • consistent with the limits established in Minnesota state statute. Each Member agrees to promptly notify all other Members if it becomes aware of any potential Task Force related claims, or facts giving rise to such claims. 7.2 Each Member shall be responsible for injuries to or death of its own personnel. Each Member will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are assigned to the Task Force or are otherwise participating in or assisting with Task Force operations or activities. Each Member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force or any other Member for any workers' compensation benefits paid to its own employee or dependents, that arise out of participation in or assistance with Task Force operations or activities, even if the injuries were caused wholly or partially by the negligence of any other Member or its officers, employees, or volunteers. 7.3 Each Member shall be responsible for damages to or loss of its own equipment. Each Member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force or any other Member for damages to or loss of its equipment arising out of • 6 participation in or assistance with Task Force operations or activities, even if the damages or • losses were caused wholly or partially by the negligence of any other Members or its officers, employees, or volunteers. 7.4 As applicable, under no circumstances shall a party be required to pay any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any parry. 8. Finances. 8.1 Task Force operations will be financed from funds and resources contributed by Members. Members shall provide Officers to be assigned to the Task Force. 8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force Members or otherwise received by the Task Force, and in such capacity is authorized to receive all funds for deposit and make disbursements therefrom in accordance with Hennepin County policy and generally accepted accounting principles. In conjunction • therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and expenditures of Task Force funds in accordance with Hennepin County policy and generally accepted accounting principles. It shall also produce quarterly financial and statistical reports which shall be disseminated to the Board. The Task Force shall maintain all such reports and related records for a period of six (6) years after dissolution of the Task Force. 9. Officers. 9.1 The Task Force shall refer disciplinary matters or other instances of misconduct involving an Officer to the Officer's Chief Law Enforcement Officer for investigation, referral, or disposition. However, nothing herein shall be construed to prevent the Task Force from reporting suspected criminal conduct directly to an outside agency for investigation. 9.2 Officers will be responsible for focused investigation on targeted violent offenders, including intelligence management, case development, and case charging. Officers may also assist other Officers in surveillance and undercover operations. Task Force Officers will work cooperatively with assisting agencies. Officers acting under this Agreement in the 7 jurisdiction of another Member are acting in the line of duty and in the course of employment and are authorized to exercise the powers of a peace officer therein. • 10. Forfeiture, Seizures and Fines. All proceeds generated by Task Force operations shall be returned to the Task Force. When the Task Force seizes properly or funds in cooperation with other law enforcement agencies, the Task Force Board will negotiate the distribution of the forfeited funds with those agencies. 11. Additional Members and Change in Membership. 11.1 A governmental unit may join the Task Force and become a Member upon approval by the Governing Board and execution of a copy of this Agreement by its governing body. 11.2 The Governing Board may involuntarily terminate a Member if that Member has failed to provide a minimum of one Officer to staff the Task Force for more than 12 consecutive months. 11.3 In any case in which a parry identified in paragraph 3 joins the Task Force after the effective date of this Agreement or any other governmental unit joins the Task Force pursuant to paragraph 11. 1, contributions by and reimbursement to such Members shall be equitably • determined and adjusted by the Board to reflect the participation by that Member for less than one full year. The decision of the Board shall be final. 11.4 A Member may, upon ninety (90) days' written notice to all other Members, withdraw and cancel its participation in this Agreement with or without cause. 12. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, caused this Agreement to be executed. (signatures continued on the following page) 8 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN PARK The Brooklyn Park City Council duly approved this Agreement on the day of , 2010. City of Brooklyn Park Approved as to form and legality: By: Brooklyn Park City Attorney Its Mayor And: Its City Administrator (signatures continued on the following page) • 9 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN CENTER • The Brooklyn Center City Council duly approved this Agreement on the day of 2010. City of Brooklyn Center Approved as to form and legality: By: Brooklyn Center City Attorney Its Mayor And: Its City Manager (signatures continued on the following page) • • 10 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT • CITY OF RICHFIELD The Richfield City Council duly approved this Agreement on the day of 2010. City of Richfield Approved as to form and legality: By: Richfield City Attorney Its Mayor And: Its City Administrator (signatures continued on the following page) 11 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT • CITY OF GOLDEN VALLEY The Golden Valley City Council duly approved this Agreement on the day of , 2010. City of Golden Valley Approved as to form and legality: By: Golden Valley City Attorney Its Mayor And: Its City Administrator (signatures continued on the following page) 12 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMMgSTRATION The Drug Enforcement Administration duly approved this Agreement on the day of 2010 Drug Enforcement Administration Approved as to form and legality: By: DOJ Attorney Its Director (signatures continued on the following page) i 13 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT • Hennepin County Board Approval Task Force Members, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriff s Office and the Hennepin County Attorney's Office on the day of , 2010 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provision herein set forth. County of Hennepin State of Minnesota Reviewed by County Attorney's Office: Chair of its County Board Assistant County Attorney And: Assistant/Deputy /County Commissioner And:' Hennepin County Sheriff Attest: Deputy /Clerk of County Board 14 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM • DATE: September 23, 2010 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Project Peace Update Recommendation: It is recommended that the City Council receive the report from Project Peace Background: On Monday Sue Lantto will attend the City Council meeting to provide an update to the Council regarding Project Peace activities over the last year, and to receive any comments or questions from the Council regarding this program. Project Peace is a community based domestic abuse intervention project staffed by advocates to provide support, information, referrals and options to the victims of domestic violence. The City has been a Project Peace member along with Crystal, Maple Grove, and Robbinsdale for several years. Budget Issues: The estimated 2011 budget for Project Peace is $163,976. Council Goals: Strategic: 1. We will ensure a safe and secure community 09.27.10.projectpeace..doc Mission: Ensuring an attractive, clean, safe community that enhances the qualify of life anal preservers the public trust Project P. E . A . C . E . City_ rti Council By Sue Lantto and Chief Kevin Benner September 27, 2010 w U ^, W a? U -0 W Q V W U N � O Domestic Violence Intervention Brooklyn Center Crystal Maple Grove Robbinsdale • Located near Brookdale in Brooklyn Center • 2 . 5 Full time employees • Budget for 2011 $ 163 , 976 • $6000 Federal Emergency Funds annually Court Criminal Court y�� ... _..sit-�...a... �:"— .�'-.....:.. ,.,.,. _ .:w. �y..o.,,...,r►+T-_._:.. _._ ....�.v...� ...,.y�„lid,:...�.s�...�i.�-w..v... .. �..:,.,,..rc�..sx�we�1�F;4�. + 7 sessions week) - - =-.- _- - - JIL r te 3 sessions week) _ w 646 Police e o s ■ r M a 298 Police Reports for Brooklyn Center First Contact Early response provides for: Safety Shelter Services Support i� r 1 H N N E PI N CO NTY FAMTN • 114 Orders For Protection • Brooklyn Center — 59 Orders Civil Process Advocacy • Victim rights and options • Explanation of the process • Writing the OFP — telling the victim 's story • Preparing for testimony • Hearings • Connecting with resources 525 Criminal 245 Cases for Brooklyn Center • Cases average 4 hearings each all &.MMf Criminal Court Advocacy • Victim rights and options 0 "Voice for the victim" • Input for prosecutors , judges , and probation • No-Contact Orders Federal Emergency Funds • Office of Justice Programs • $6000 Annual Grant • 83% used for housing-related expenses Ri. n S . Cn V OL City Council Agenda Item No: 8a COUNCIL ITEM MEMORANDUM DATE: 21 September 2010 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Financial Commission Recommendation on Mayor and City Council Salaries Recommendation: It was recommended by the Financial Commission on 16 August 2010 that the salaries for the Mayor and City Council remain unchanged for 2011 and 2012. Following a public hearing, it is recommended that the City Council consider adoption of an ordinance establishing Council wages for 2011 and 2012. Background: Every two years the Financial Commission is required by the City Council Code of Policies to review the salaries for the Mayor and City Council and recommend any changes that may seem appropriate. The goal for setting salaries for the Mayor and City Council has been to assure that the salaries are at or above the median for a specified group of comparison cities. The data on comparison with those cities for the years 2007 through 2010 is attached. • The Financial Commission met on Monday, 16 August 2010 to review the attached information and make their recommendation. After a brief discussion the Commission unanimously recommended that the Mayor and City Council salaries for 2011 and 2012 remain at the same level as currently established. The Commission cited the current General Fund budget situation and the comparative analysis of salaries as reasons for their recommendation. On 11 January 2010, the Council adopted an ordinance reducing its designated salaries. According to Minnesota Statutes 415.11, such ordinance will be in effect for 12 months after which the salary reverts to the previously designated amount. In order to maintain salaries at the 2010 level, the Council must adopt a new ordinance. On 23 August 2010 the City Council received the report of the Financial Commission and approved the first reading of an ordinance leaving City Council wages for 2011 and 2012 at their current levels. The motion adopting that first reading also set Monday, 27 September 2010 as the date for a public hearing to be held on the issue in accordance with ordinance adoption procedures. Following the public hearing the Council may consider adoption of the final ordinance setting Council wages for 2011 and 2012. Budget Issues: If the City Council accepts the Financial Commission's recommendations there are no budget issues to consider. • ilission G'nsuring an attractive, cleent, safe community that enhances the duality of life and preserves the public trust SECTION H - GENERAL POLICIES City Council Code of Policies 2.05 Policy and Procedure on Mayor and Council Member Total Compensation • 1. Need for Policy The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. 2. Policy A. Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. However, compensation of Brooklyn Center elected officials shall be fair and equitable in order to attract qualified candidates for local elective office. B. The propriety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with compensation paid to similar officials within the seven county metropolitan area. C. The compensation levels of elected officials should be regularly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. D. Compensation set pursuant to this policy and procedure shall be deemed to be total compensation for elected officials of the City with the exception of expense reimbursement which shall be the same as provided all other City employees. 3. Procedure A. The City Manager shall biennially prepare a winpensation,report that contains an analysis of the compensation paid to elected officials of Minneapolis -St. Paul Area Metropolitan cities. having a population within 10,000 of the City of Brooklyn Center that are generally fully developed {Such grouping shall include the cities of Richfield, Roseville, -Maplewood, Fridley, Shoreview, White Bear Lake, Crystal, New Hope, and Golden Valley, in addition to the City of Brooklyn Center:} The report shall compute the average and median amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected. City officials. The City Manager shall assemble such additional information on compensation of City elected officials as may. be requested to assist the,Commission and Council in their review of elected official's. compensation.. B. The City Manager shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar year. City of Brooklyn Center 08/14/06 Page 207 SECTION II — GENERAL POLICIES City Council Code of Policies • C. The Financial Commission shall biennially review the City Manager's compensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July 1 of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. D. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearings, set their compensation by ordinance. No change in compensation shall be in effect until January 1, following the next succeeding general election. 4. Authority The authority for establishing compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. Reference: City Council Resolution No. 98 -91; City Council Minutes 1/10/94 City of Brooklyn Center 08/14/06 Page 208 City of Brooklyn Center Comparative Mayor and Council Wages Fiscal Years 2007 through 2010 2009 2007 2008 2009 2010 Ci Population Mayor Council Ma or Council Ma or Council mayor Council Golden Valley 20,326 $ 11,619 $ 8,696 $ 11,619 $ 8,696 $ 11,619 $ 8,696 $ 11,619 $ 8,696 Maplewood 36,717 $ 11,752 $ 10,343 $ 12,302 $ 10,827 $ 12,302 $ 10,827 $ 12,302 $ 10,827 Fridley 26,422 $ 10,213 $ 8,382 $ 10,213 $ 8,382 $ 10,531 $ 8,650 $ 10,531 $ 8,650 Richfield 33,676 $ 9,360 $ 7,266 $ 9,360 $ 7,266 $ 9,688 $ 7,520 $ 9,979 $ 7,746 New Hope 20,860 $ 10,672 $ 7,553 $ 10,672 $ 7,553 $ 10,673 $ 7,552 $ 10,673 $ 7,552 Roseville 34,345 $ 9,300 $ 7,020 $ 9,300 $ 7,020 $ 9,300 $ 7,020 $ 9,300 $ 7,020 Crystal 22,167 $ 9,692 $ 7,456 $ 9,983 $ 7,680 $ 10,308 $ 7,930 $ 10,308 $ 7,930 White Bear Lake 24,679 $ 7,680 $ 5,400 $ 7,680 $ 5,400 $ 7,680 $ 5,400 $ 7,680 $ 5,400 Brooklyn Center 30,330 $ 10,732 $ 8,217 -$ 10,947 $ 8,381 $ 11,166 $ 8,549 $ 11,166 $ 8,549 Shoreview 26,036 $ 8,712 $ 6,456 $ 8,712 $ 6,456 $ 8,976 $ 6,648 $ 8,976 $ 6,648 Average $ 9,973 $ 7,679 $ 10,079 $ 7,766 $ 10,224 $ 7,879 $ 10,253 $ 7,902 Median $ 9,953 $ 7,505 $ 10,098 $ 7,617 $ 10,420 $ 7,741 $ 10,420 $ 7,838 Brooklyn Center as a % of: Average 107.61% 107.01 % 108.61% 107.92% 109.21% 108.50% 108.90% 108.19% Median 107.83% 109.49% 108.41% 110.03% 107.16% 110.44% 107.16% 109.07% Notes: Fridley: Payment amount is for Councilmember-at- Large. Ward Councilmember receives $ 7,647. City provides laptop computers. Mayor & Council also receive City benefit package including health, dental and life insurances. Golden Valley: pays per diem of $ 50 per extra meeting to a maximum of $ 150 per month. New Hope: pays per diem of $ 25 per EDA meeting, provides laptop computer and DSL service at residence. (Not sure about DSL service at home) Brooklyn Center: Rolled technology reimbursement into base wage in 2000. Population statistics from LMC 2009 Directory of City Officials 2010 cilwagecomp (3).xls 8/3/2010 0 0 • Mayor Compensation $14,000 $12,000 -- £i r !. $10,000 k E i k E � A b �! f I N I N i4 y $8,000' B i 5 ■ 2007 m 2008 rg i 2009 $6,000 a • h �; � � ' ■ 2010 $4,000 _ f 3 E NT b n:' � �: � ✓ fix: n r :': $2,000 f! Y 5 i White Bear Shoreview Roseville Richfield Crystal Fridley New Hope Brooklyn Golden Valley Maplewood Lake Center Council Member Compensation $12,000 . . ..... — . ..... . ........... . ........... .......... . ....... .. . ........ . ....... ....... ........... .... ...... . . . ............ . ......... .......... $10,000 $8,000 RUN` KI I Al 20 0 7 $6,000 - UP ■ 2008 TIN �x 2009 ■ 2010 IEk $4,000 ER t'u IrS. .0 $2,000 'RE .-P. q;g! i. T� xa White Bear Shoreview Roseville New Hope Richfield Crystal Brooklyn Fridley Golden Valley Maplewood Lake Center CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of September 2010, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance 2010 -01 Regarding Council Salaries for 2009 -2010. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2010 -01 REGARDING COUNCIL SALARIES FOR 2011 -2012. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2010 -01 which amended the amount of the annual compensation to be paid to the Mayor and Council Members to become effective January 1, 2010, is hereby amended. Section 2. Effective January 1, 2011, the annual salary for the Mayor shall be $11,166 and the annual salary for Council Members shall be $8,549. Section 3. Effective January 1, 2012, the annual salary for the Mayor shall be $11,166 and the annual salary for Council Members shall be $8,549. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 5 2010. Mayor ATTEST: City Clerk Date of Publication Effective Date AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 27, 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. Highway 252 Initiative — Councilmember Yelich 2. 57th and Logan Update 3. Centennial Celebration Recommendation - Parks and Recreation Commission PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. Strategic Outcome Reports 3. 2011 Brooklyn Center Celebration Update 4. Neighborhood Designations 5. Junk and Inoperable Vehicles Update — Back Yard Parking r 6. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 7. Brookdale Mall Update 8. Joslyn/City Property Remediation Update 9. Department Year End Reports 10. Active Living Program 11. Garbage Hauler Report — November 8 12. Community Schools Update 13. Firehouse Park Update — October 14. Graduated Sanitary Utility Rate Study — October 25 Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: September 23, 2010 TO: City Council FROM: Councilmember Yelich Through Curt Bogan%f SUBJECT: Highway 252 Recommendation: It is recommended that the City Council consider providing direction to staff regarding the request to proceed with an initiative regarding HWY 252. Background: I have attached the request from Councilmember Yelich to have item added to the work session agenda. The Public Works Director and I will be available to answer questions. Policy Issues: Council Goals: Select not more than two. Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements i .Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust Curt Boganey i From: Mark Yelich Sent: Sunday, September 19, 2010 9:05 PM • To: Curt Boganey Subject: hwy 252 Curt, Can you please add a hwy 252 work session agenda item to Sept 27th meeting. I understand that unless we as a city take some initiative, nothing will get done to solve hwh 252 problems of congestion, noise, and public safety. I would like to discuss what the city can do now to get the long term solution moving now. If that means sponsoring a land use study maybe we can partner with Brooklyn Park to get it done. If you can bring some cost estimates of a land use study and budget availability for this that would be helpful. Thank you. Respectfully, Mark Yelich Brooklyn Center City Council 763 -486 -6001 Winds of change are helpful when there are leaders to trim the sails! Work Session Agenda Item No. 2 �I COUNCIL ITEM MEMORANDUM DATE: September 21, 2010 TO: Curt Boganey, City Manager THROUGH: Gary Eitel, Director of Business and Development FROM: Tom Bublitz, EDA/HRA Specialist SUBJECT: Status of 57 and Logan Site Remediation Activities The investigations and subsequent remediation activities conducted at the EDA property at 57 and Logan Avenues North (the site), due to contamination from the former Pilgrim Dry Cleaner operation, are entering the next and presumably final stage. A brief recap of some of the more recent history of the site and its current status follows: • Subsurface testing of the site and surrounding neighborhood was done in 2007. In 2008 and 2009 the EDA and Minnesota Pollution Control Agency (MPCA) conducted sub slab soil gas tests in area residences which resulted in the installation of radon type removal systems in four residences where the dry cleaning solvents PCE and TCE were found at concentrations exceeding the MPCA's indoor air screening values. • • In October 2008, a Soil Vapor Extraction (SVE) system was installed by the MPCA on EDA property and near the site of the former Pilgrim Cleaners in an effort to remove PCE and TCE soil gases at the former Pilgrim site. According to MPCA staff, the SVE system has essentially completed as much clean up as it can and has essentially run its course on the site. • The next and presumably final phase of the MPCA's remediation at the site will use a technology called "chemical oxidation" to clean up the dry cleaning chemicals in the ground water. Chemical oxidation involves the injection of sodium permanganate into the ground water to oxidize PCE and TCE into water and other harmless chemicals. It is anticipated that this process will start in early October and involve the injection of the chemicals through small holes drilled in specific areas of the former Pilgrim Cleaners site and along portions of Logan and 58 Avenues near the site. The MPCA also wants to keep the SVE system in place during the chemical oxidation phase until it is completed sometime in early spring 2011. • Three Fact Sheets prepared by the MPCA addressing 1.Site Update 2.Soi1 Vapor Extraction and 3.Chemical Oxidation will be mailed to residents in an area designated by the MPCA. The area is bounded by 59 Avenue North on the north, 55 Avenue on the south, Humboldt Avenue North on the east and Logan Avenue North on the west. Copies of the three Fact Sheets are included with this memorandum. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Soil vapor stud update for Former Pilgrim to p Y p g k *` Dry Cleaner Site (also known as 57 and Minnesota Logan Redevelopment Site or Hmong Pollution American Shopping Center Site #2) Control Geographic/Hennepin County • g- 27 -13c • September 2010 Agency T his fact sheet provides an update on dry- cleaning solvents including the comprehensive environmental perchloroethylene (PCE) and investigation being conducted at the trichloroethylene (TCE) in the groundwater 57th and Logan Redevelopment site near the former dry cleaner. The City (the Site) in Brooklyn Center (the City). acquired the Site property in 2005, and Indoor air sample results have been found began an investigation under the oversight to exceed indoor air screening values for of the MPCA Voluntary Investigation and the Site compounds of concern at four Cleanup (VIC) Program. In the fall of properties. Vapor intrusion mitigation 2005, elevated concentrations of PCE and systems have been installed at these TCE were identified in groundwater and as properties. A soil vapor extraction system vapors in the soil (soil gas) overlying the was installed at the dry cleaning chemical groundwater in an area extending from the source area and began operation on Site property east to James Avenue. October 31, 2008. The purpose of the soil (Chemicals in soil vapor phase can cause vapor extraction system was to clean up chemical vapor intrusion into buildings.) soil contaminated with dry cleaning In February of 2009, the MPCA completed solvents in the source area located on the a vapor intrusion investigation that • site of the former Pilgrim Dry Cleaner. included sub -slab sampling and indoor air Soil cleanup activities are nearing sampling of residential properties in the completion. The next phase of clean up area of the PCE and TCE groundwater will focus on contaminated groundwater. contaminant plume. Air sample analytical Please refer to the additional information results identified four properties with PCE section at the end of this fact sheet for Site or TCE concentrations greater than indoor contacts and links to additional Site air screening values. In response to these information. This and the previous fact indoor air exceedances, MPCA staff hired sheets for this Site can be found on the certified contractors to install indoor air Minnesota Pollution Control Agency vapor mitigation systems. (MPCA) Website at www.pca. state .mn.us /cleanup /sites /index.html Compounds of concern The two primary compounds of concern, PCE and TCE, have been detected in the Site history off -site groundwater and overlying soil Historical Site activities included retail, gas. The screening level for PCE sub -slab commercial business, dry cleaning, and gas sample results is 200 micrograms per cubic stations dating back to the 1950s and meter (µg/m and 30 gg/m for TCE. Sub- 1960s. slab screening levels are health protective An initial environmental investigation was values that are used to decide whether there conducted by Hennepin County to assist is a potential risk for elevated vapor the City in assessing the Site for concentrations to build up in indoor air. redevelopment. This investigation identified elevated levels of volatile g- 27 -13c organic compounds (VOCs), primarily Minnesota Pollution Control Agency • 520 Lafayette Rd. N., Saint Paul, MN 55155 -4194 • www.pca.state.mn.us 651 - 296 -6300 800 -657 -3864 • TTY 651 - 282 -5332 or 800 - 657 -3864 • Available in alternative formats The indoor air screening value is a level in indoor air is considered safe, over a lifetime of exposure. The * that indoor air screening level for PCE is 20 gg/m and for TCE is 3 gg/m Both the sub -slab and the indoor air lath venue �t screening levels were developed in cooperation with the A , Minnesota Department of Health (MDH). pmpeft bounds 5Tth vdnu N Potential risks There is no evidence to date that suggests an imminent Brookview Drive health risk to residents. The municipal drinking water supply in the investigation area is not affected by the 66th venrt N contaminated ground water as the municipal water Z Z z supply originates from much deeper, protected water source. The City has completed a groundwater receptor survey $ m a to determine if there are any private household wells in J the investigation area. Eight private wells have been identified. However, some homeowners did not Figure 1 , Location of Sub -Slab Vapor Sampling Locations respond to the survey request. Private water supply wells in the area should not be used for drinking water. PcE and TGE were not detected in sub -stab sample Wells that are no longer in use should be properly sealed to prevent future problems. PCE cr TCE were not detected in sub -stab sampl above screening level VOCs in groundwater can move into the open air spaces PCE or TCE detected in sub -slab greater than screening level between particles of soil and then enter the indoor air of homes through cracks or other openings in foundations. Approximate extent of g round water contamination This process is known as "vapor intrusion ". Long -term exposure to VOC vapors in indoor air above indoor air screening levels can result in an increased system used for radon. The typical system collects risk of cancer or other health problems. Both PCE and vapors from beneath the slab of the home from a PVC TCE identified in soil gas at the Site are considered (polyvinyl chloride) pipe installed in a small opening in carcinogens. the slab, which allows the vapors to pass through the The figure to the right illustrates the location of the Site, pipe vertically through the roof, where it is safely vented . the approximate extent of groundwater contamination, to the atmosphere. These systems utilize a small fan that and provides a graphic summary of the sub -slab is installed in the pipe. sampling results. The presence of PCE and TCE in the Soil remediation began operation in October 2008. groundwater and vapor in the sub -slab samples indicates Recent testing results indicate that the soil cleanup is that both are compounds of potential vapor intrusion nearly complete. However, groundwater contaminated concern. with PCE and TCE is still present. Next steps The next phase of cleanup will use a technology called P "chemical oxidation" to clean up the dry cleaning Vapor mitigation systems for homes that exceeded chemicals in the subsurface. Chemical oxidation indoor air levels of PCE or TCE were provided by the involves the injection of sodium permanganate into the City and/or the MPCA at no cost to the owner. The groundwater to oxidize PCE and TCE into water and mitigation system recommended is the same as the other harmless chemicals. More information about chemical oxidation can be found in the fact sheet, Chemical Oxidation of Dry Cleaning Solvents. Soil vapor study update for Former Pilgrim Dry Cleaner Site w< Minnesota Pollution g- 27 -13c September 2010 coritral A4emy Page 2 Additional information City of Brooklyn Center Minnesota Pollution Control Agency Tom Bublitz: EDA/HRA Specialist, Dave Scheer: 651 - 757 -2693, dave.scheer @state.mn.us 763 -569 -3433, tbublitz @ci.brooklyn- center.mn.us Nile Fellows: 651- 757 -2352, nile.fellows @state.mn.us Information about the Site and recent Site reports by the Minnesota Department of Health City are available at the City of Brooklyn Center's Website, www.cityofbrooklyncenter.org (following the James Kelly: 651-201-4910,james.kelly@state.mn.us links for 57th and Logan Soil Vapor Study) Tannie Eshenaur: 651 -201 -4873, All documents submitted to the MPCA pertaining to the tannie.eshenaur@ state.mn.us Site are kept at the MPCA, 520 Lafayette Drive N., St. Paul, Minnesota The City has established a repository of Site documents at the Minnesota Room of the Hennepin County Brookdale Area Library located at 6125 Shingle Creek Parkway. For more information on vapor intrusion, go to the Minnesota Department of Health Website at www. health .state.mn.us /divs /eh/hazardous /topics /vgpori ntrusion.pdf Soil vapor study update for Former Pilgrim Dry Cleaner Site Minnesota Po1Nuti g- 27 -13c • September 2010 Cbntmi Agemy Page 3 Chemical oxidation at Former Pilgrim Dry { x Cleaner Site (also known as 57 th and Logan Redevelopment Site or Hmong American Minnesota Shopping Center Site #2) Pollution Control Geographic/Hennepin County g- 27 -13e • September 2010 Agency heroical oxidation uses chemicals, used for the cleanup — in this case, such as sodium permanganate, to sodium permanganate is pumped below destroy pollution in soil and the ground surface through multiple groundwater. These chemicals change injection points. As the sodium harmful chemicals into harmless ones, permanganate solution mixes with the such as water and carbon dioxide. groundwater and soil, it comes in contact Chemicals used for oxidation can destroy with PCE and TCE, the PCE and TCE many types of chemicals, such as fuels, are reduced, or broken down, to carbon pesticides and solvents, including the dry dioxide and water or other harmless cleaning solvents perchloroethylene chemicals. Mixing continues as the (PCE) and trichloroethylene (TCE), sodium permanganate solution is carried for down gradient b which are the chemicals of concern gr y the natural flow of the Hmong American Shopping Center groundwater and more polluted State Superfund Site (Site) at 57th and groundwater is cleaned up. The sodium Logan in Brooklyn Center. permanganate is eventually consumed in the oxidation process. . How does it work? To clean up a site using chemical oxidation, the chemical, or oxidant, to be Influent S Iutfon Containing Oxidant i Sodium permanganate is being injected into the groundwater to oxidize the contaminants perchloroethylene (PCE) and trichloroethylene (TCE). g- 27 -13e Minnesota Pollution Control Agency 520 Lafayette Rd. N., Saint Paul, MN 55155 -4194 • www.pca.state.mn.us 651 - 296 -6300 • 800 - 657 -3864 TTY 651 - 282 -5332 or 800 -657 -3864 • Available in alternative formats. It can be difficult to pump an oxidation chemical feet. Brooklyn Center's municipal drinking water solution to the right spots in the ground. So before the supply in the investigation/treatment area is not • injection points are drilled, conditions underground affected by the contaminated ground water or the must be studied by testing the soil and groundwater. chemical oxidation treatment. Where is the pollution? How will the oxidation . chemical spread through the soil and groundwater? However, shallow, privately owned wells could be at Which oxidation chemical works best for his site? risk. If you have a residential well on your property After answering these questions, and are located east of Logan Avenue, south of 59th the decision was made to use sodium permanganate as Avenue, west of Humboldt Avenue,and north of 55th the oxidation chemical. Avenue, please contact Tom Bublitz of the City of Brooklyn Center at 763 -569 -3433. How long does chemical oxidation take? How long it takes chemical oxidation to clean up a For more information site depends on the size and depth of the polluted area, For more information about the chemical oxidation the type of soil and conditions present, and how the process being used at the 57th and Logan Hmong groundwater flows through the soil. In general, American Shopping Center Site #2 in Brooklyn chemical oxidation offers rapid cleanup times Center, contact MPCA hydrogeologist Dave Scheer compared to other methods. Cleanup times can be (telephone 651- 757 -2693, e-mail measured in months, rather than years. dave.scheerkstate.mn.us Why use chemical oxidation? Chemical oxidation is being used at many sites. It destroys pollution underground without having to dig it up or pump it out for transport to a treatment system. This saves time and money. Often chemical • oxidation is used to clean up pollution that other methods cannot reach, such as pollution deep within groundwater. Chemical oxidation can be used to clean up the source of pollution. Most other methods that are used to remove the source are very slow and more expensive. Is it safe to use? Chemical oxidation can be quite safe to use, but there potential hazards to those handling the oxidant. Sodium permanganate in concentrated form can be corrosive, which means it can wear away certain materials and burn the skin. People who work with it must wear protective clothing, such as white Tyvek "moon" suits while mixing and injecting the permanganate solution. Minnesota Pollution Control Agency (MPCA) staff makes sure that the system is properly designed. Workers also test the soil, groundwater and air after chemical oxidation to make sure the site is cleaned up. Cleanup activities for this site are focused on the shallow groundwater at a depth of approximately 15 • Chemical oxidation at Hmong American Shopping Center #2 • g -27 -3e September 2010 Minnesota Pollution page 2 Control Agency Soil vapor extraction at Former Pilgrim Dry Cleaner Site (also known as 57 and Logan Redevelopment Site or Hmong American Minnesota Shopping Center Site #2) Pollution Control Geographic/Hennepin County • g- 27 -13d •September 0 Agency oil vapor extraction (SVE) is a does not require digging up contaminated technology used to remove soils; soil vapors extracted using SVE contaminants from the soil in the usually require treatment, but costs for area between the ground surface and the treating extracted vapors are low compared water table. As the name suggests, SVE to costs for digging up and treating soil. removes contaminants from the soil in Additionally, SVE prevents contaminants vapor form, making it an ideal cleanup from migrating to the groundwater — technology for volatile organic compounds cleaning up contaminated groundwater is (VOCs). Soil vapor is vacuumed out of the more time consuming and costly. ground through extraction wells. These wells are like slotted straws and are For more information installed in holes drilled through the For more information about how soil vapor vadose zone, the portion of the ground extraction is being used at the 57th and below the surface and above the water Logan Hmong American Shopping Center table. The number of extraction wells Site #2 in Brooklyn Center, contact Dave depends on site conditions, such as the Scheer, hydrogeologist, Minnesota amount of contamination and the type of • soil. SVE is most effective in loose soils, Pollution Control Agency, (telephone 651 e-mail such as sand and gravel, because soil vapor (?. state.mn.us dave.s ch moves quickly through the large spaces ave.s3 between the soil particles. In tight soils, such as silt and clay, SVE systems must operate longer to get maximum results. Extraction wells are vacomin connected together Pum using above- or Y4gW underground pipelines, 111 Treatment and these networks are connected to vacuum r_.r r r r rr r r r r•r r yr rr, r r r r rrf pumps. When soil r r• rr ri rrr'rr rr t rrIr trr rrrrr "rrrrr r ii Y L } L Y } Y 4 }• Y L 4 Y Y 4 L" 4 4 Y S •`. L L L trr•rr rJJrJr rrrJrrr r rt rrd rrrr•Jrrt rrrr rrrrr. } r$ Y Y 1 Y Y 1 L Y •. Y L t 1 Y Y L `, i•Y L •. Y 1. vapors are removed r r rfrrr rr J J rr "r r r•rrrrrr r J i s r J Y r J. r r•r ,.' J s r• r r r . r r } d +' r r, +'} } r Y Y r ; • Y r 5' r } l } r ; r 4 r } . f4 r L r� • r Y r Y r r } d r from the ground, VOCs 4 } Y- <•4• " } , t• YaQase ZcKia r r r r, ;, r ;r.. r r' L L r r r } r r r r r r are captured and treated t i 1 } } S '" f} } t 1 Catan> }J L yr r f Y r 4 4 ;. to assure protection of rrr: r 4 r t r r, r } rLr r r } { } r r r r r human health and the r ` r r r r r r r rY maw r r r.r r r r r r Y r 4 i� L i Y Y } Y L Y •. environment. Y Y Y }�, •,StY rti r YL�.•4} Y}t }�, t'.0. 4Yt t r. •. r r•? r• r r-r r t r r r .a r r r r ,r rr-ry t } } rti r J } r ° t r�'r"' } r Y r$r�`r r f } r } r } ar $i } r } r•r rti �r } r�`r 4 t i r 4 r�'r Y r } r Y . Y SVE systems are easy L: }rYlt•Y•Lt •1 +Y4�1 {5 s:4 a 2AL L L ��5 L ti 4�ti S riFY�Y Y Y •Y�ti to install, can be used with other cleanup technologies, and are effective under a variety g- 27 -13d of site conditions. SVE Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • www.pca.state.mn.us 651 - 296 -6300 • 800 -657 -3864 TTY 651 - 282 -5332 or 800 - 657 -3864 • Available in alternative formats Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: September 23, 2010 TO: City Council FROM: Curt Boganey, City Managd!� SUBJECT: Recommendation: It is recommended that the City Council consider providing direction to staff regarding the recommendations of the Parks Commission. Background: Several weeks ago the Centennial Committee asked the Council to support: 1. Changing the name of Central Park to Centennial Park 2. Placement of a band shell funded by donations in Central Park The Parks Commission was to review these requests and to provide the City Council with a report/recommendation. The Commission met and unanimously recommended a location for the band shell and a name change from Central Park to Centennial Park. The Chair of the Commission will be at the meeting to present these recommendations and answer your questions at the worksession. Policy Issues: Council Goals: Ongoing: 1. We will improve the image of the City with citizens and others Alission: Ensuring an attr active, clean, safe community that enhances the quality of life and preserves the public trust