Loading...
HomeMy WebLinkAbout2010 10-11 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 11, 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 CITY IL MEETING ETING City of Brooklyn Center October 11, 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 the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 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 27, 2010 - Study Session 2. September 27, 2010 — Regular Session 3. September 27, 2010 — Work Session b. Licenses C. Rental Dwelling License Approval for Partial Occupancy at Gateway Commons —2802 and 2806 Northway Drive d. Approval of Site Performance Guarantee Release for Speedway SuperAmerica (19015 7 th Avenue North) e. Resolution Approving Change Order No. 2, Improvement Project No. 2009 -18, Contract 2009 -I, Bass Lake Road Streetscape and Regional Trail Project • CITY COUNCIL AGENDA -2- October 11, 2010 f. Resolution Approving Change Order No. 1, Improvement Project Nos. 2010 -05, pp g g 06, 07 and 08, Contract 2010 -B, Twin Lake Area Neighborhood Street and Utility Improvements g. Resolution Authorizing the Execution of a Cooperative Agreement for the Twin Lake Wetland 639W Improvement Project No. 2007 -09 between the Shingle Creek Watershed Management Commission and the City of Brooklyn Center h. Resolution Authorizing Traffic Control Signal Agreement No. 96981R for the Intersections at I -94 with Shingle Creek Parkway between the Minnesota Department of Transportation and the City of Brooklyn Center 7. Presentations / Proclamations /Recognitions/Donations None. 8. Public Hearings None. 9. Planning Commission Items None. 10. Council Consideration Items a. Reschedule October 18, 2010, Joint Budget Work Session Requested Council Action: — Council discuss. — Motion to set date and time for Joint Budget Work Session with the Financial Commission. 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. Brooklyn' �Center Open Forum Registration Name a ., , Date f �i Address � _phone Subject 2-�r�i o �✓ submit to Council Secretary prior to 6:45 p.m. Brooklyn Center Open Forum Registration Name Date Address Phone-l�-1�-� 1+7 Subject t �Vic, izc,av� � t — submit to Council Secretary prior to 6:45 p.m. • Inc. INVITES YOU TO ATTEND . PROGRAM October 26, 2010 The Crown Plaza Minneapolis North (2200 Freeway Blvd.,Brooklyn Center- North of 694 and Shingle Creek Parkway) 4:00-8:00 pm Honorary Guest Presenter: Brooklyn Center Chief of Police, Kevin Benner Mission Statement: Equality,Inc. is a non-profit organization dedicated to the fair housing needs of our community.Equality Inc.exists as an advocate for the rental rights and transitional housing needs of individuals and families, and to create strong, healthy, vibrant communities of tomorrow, today. Advocacy support for youth, adults and elderly concerning Fair Housing Domestic Violence Homelessness Benefit Schedule 4:00-5:30 Auction and Social Networking 5:30-6:30 Dinner 6:00-7:00 Presentation/Recognition Ceremony 7:15-8:00 Auction Closes Tickets $50 How to purchase tickets: (612) 516-7494 or equalityinc@live.com 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 27, 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 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Dan Ryan, and Mark Yelich. Councilmember Tim Roche was absent and excused. Also present 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, Community Activities, Recreation and Services Director Jim Glasoe, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 6g, Resolution Authorizing the Adoption of the Hennepin County Violent Offender Task Force Co- Operative Agreement, in particular attention in the press about inappropriate use of forfeited property. He asked about procedures specified for disposal of those items and if the Task Force had failed to observe those guidelines. City Manager Curt Boganey stated that did occur with the State of Minnesota Drug Task Force. It was noted the proposed agreement includes regulation for appropriate disposal of those items. The Council indicated it wanted to assure adequate training occurred in that regard. Mr. Boganey explained the City has been a member of this task force for several years, the task force has been very effective, and the governing board is comprised of chief law enforcement officers from each member city or its appointed designee. Mr. Boganey stated the history of this particular task force is that it is well managed and has none of the problems mentioned in the newspaper. The Council indicated it had no reason to not have confidence in the City's Police Department and the $16,000 State grant toward this effort is very helpful. MISCELLANEOUS Councilmember Lasman asked staff to provide contact information for the City's Girl Scout troops so she can invite them to provide a Flag presentation. 09/27/10 -1- DRAFT DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS HIGHWAY 252 INITATIVE — COUNCILMEMBER YELICH Councilmember Yelich reviewed that at the last meeting the Council had discussed the possibility of upgrading TH252 to a freeway for benefit of the City and drivers. Those meeting minutes summarize the highlights of that discussion and the City's position that while it is not against the upgrade, reasonable access must be provided for residents. Councilmember Yelich requested discussion on actions to initiate the upgrade for that portion of TH252, which will reduce congestion and increase safety. Councilmember Lasman stated the City does not want to lose access and since the State indicated it was not a negotiable item; the Council did not support the State's plan. She indicated before the Council supports an upgrade of TH252, it needs to assure access and exit points are part of the project. Mayor Willson noted the neighborhood just to the east has only two access points. The last TH252 upgrade proposal shut off 65 Avenue so the only access was at 73 Avenue, which is not adequate access to that neighborhood. He agreed the Council needed to stand firm on the need for adequate access. Mr. Boganey stated he does not recall that the City presented a counterproposal but it did take a position that as long as access is preserved to the east and west boundaries of the City, it would support the upgrade. Councilmember Yelich asked what it would take to open negotiations and resolve the City's interest in access. Mr. Boganey stated the City would need to invest in a study to provide concept alternatives that the City could endorse as being acceptable. The study would then be presented to Mn/DOT for their response. Mr. Boganey stated those alternatives may be far more expensive than what Mn/DOT had planned so it will boil down to how persuasive Brooklyn Center can be to fund this project. If funding is identified, the likelihood of the alternative being adopted by Mn/DOT increases. Mayor Willson agreed that having a plan in hand would provide the needed platform from which to speak. He suggested staff research costs for such a study, prepared by a consultant. Mr. Boganey stated the cost will depend on how far the plan plan is developed. He noted such a g Y p p p p would include frontage roads, acquisition of private properties, and many other issues to create east and west egress in addition to constructing a freeway. Councilmember Yelich asked if Brooklyn Center would benefit by partnering with Brooklyn Park. Mr. Boganey answered in the affirmative and stated he will contact the Brooklyn Park City Manager. Councilmember Ryan stated this discussion outlines the tough spot the City is in with regard to what can and cannot be done to improve TH252 in lieu of lack of action by Mn/DOT. He stated that when Mr. Blomstrom was the City Engineer, they met with Brooklyn Park staff to discuss 09/27/10 -2- DRAFT • adjustments to traffic light timing to improve traffic flow. At that time, it came out clearly that this adjustment was "working on the margins" in view of the high traffic volumes. Mayor Willson stated he would like a project estimate, in total, so a decision can be made on the final cost instead of just phases. Mr. Boganey stated staff can prepare a ballpark estimate. Mayor Willson stated that will help with the next discussion to determine sources of funding. Councilmember Yelich agreed that it is hard to debate without a plan or proposal in hand so that needs to be created. He indicated he was hesitant to make assumptions on costs and limitations when all of the options have not yet been fully explored. He felt there may be an affordable option that has not yet been considered. Mayor Willson stated that while he does not disagree, he would need to consider what the costs are before moving forward. The consensus of the City Council was to direct staff to prepare a preliminary project cost estimate. Councilmember Lasman moved and Councilmember Ryan seconded to revise the agenda, in consideration of audience members, to next consider the Centennial Celebration Committee and Park and Recreation Commission recommendations. Motion passed unanimously. CENTENNIAL CELEBRATION RECOMMENDATION — PARK AND RECREATION COMMISSION Mr. Boganey reviewed the background that the Council asked the Park and Recreation Commission to provide direction regarding the request of the Centennial Celebration Committee to rename Central Park to Centennial Park and to recommend a location for the bandshell. Park and Recreation Commission Chair Sorenson reported that the Commission held discussion regarding the cost to change the signage, determined to be $2,000, and agreed that the park brochures would be updated when the current supply ran out. The Commission also discussed that Central Park and other City parks do not show up in web searches and how that information can be updated. Following discussion, the Commission unanimously recommended a name change from Central Park to Centennial Park. Chair Sorenson stated they also discussed a location for the bandshell and unanimously decided to recommend Site #2, the location where it was normally set up. Discussion was also held on funding and it was agreed this would be a good time to ask for donations. Mayor Willson asked about placing the bandshell in the area with the berm so more seating could be accommodated. Chair Sorenson stated they did discuss that location but determined it would require more work. He stated several Commissioners have volunteered to work with the architectural firm as a design committee to create a bandshell design. 09/27/10 -3- DRAFT The Council thanked Chair Sorenson for his report. • The majority consensus of the City Council was to support the recommendation of the Park and Recreation Commission and add both recommendations to tonight's regular meeting agenda. 57" AND LOGAN UPDATE Director of Business and Development Gary Eitel advised the MPCA is submitting the third and, hopefully, final newsletter to 330 residents. He presented a map identifying the area under consideration and explained that the soil vapor extraction work was concluded on the northern portion of the site. The MPCA recommends the shed remain in place during chemical oxidation, which is the final corrective action. Mr. Eitel advised that the MPCA is optimistic that vapor extraction will be the final solution and it will remain operational until the spring of the year when it will be relocated. He noted a preliminary plat for this site was approved earlier this year and legal staff is currently working through legal descriptions so the final plat should be available by year end. The Council discussed the oxidation process and indication that it was a common cleanup method to decompose contaminates for this type of site. It was noted that volatile organic compounds (VOCs) were in very small concentrations and the chemical used in the oxidation process was biodegradable. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Stud Session • Y Y at 6:46 p.m. Motion passed unanimously. • 09/27/10 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 27, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:46 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Dan Ryan, and Mark Yelich. Councilmember Tim Roche was absent and excused. 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, Police Chief Kevin Benner, Community Activities, Recreation and Services Director Jim Glasoe, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. • Mayor Tim Willson opened the meeting for the purpose of Informal Y P g P 1 P Open Forum. Martina Gates, speaking on behalf of Colette Gates of 5906 Washburn Avenue N., commented on her objections to the fence installation at 5900 Washburn Avenue, a rental property, and advised of multiple code violations. She explained that the newly installed fence does not allow Ms. Gates access to maintain her painted fence at 5906 Washburn Avenue and reviewed unsuccessful attempts to contact the property owner of 5900 Washburn Avenue. She advised that several other property owners in this neighborhood support her comments. Mayor Willson asked Ms. Gates to submit copies of this information to staff. City Manager Curt Boganey stated staff will review the information submitted and inspect the property. No one else wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman read an invocation prepared by a St. Alphonsus Catholic Church pastor. 09/27/10 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING e 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, Dan Ryan, and Mark Yelich. Councilmember Tim Roche was absent and excused. 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, Police Chief Kevin Benner, Community Activities, Recreation and Services Director Jim Glasoe, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to add Item 10a, Consider Park and Recreation Commission Recommendation to Rename Central Park to Centennial Park, and Item 10b Consider Park and Recreation Commission Recommendation for Bandshell Location, and the following consent • items were approved: 6a. APPROVAL OF MINUTES 1. September 13, 2010 — Study Session 2. September 13, 2010 — Regular Session 6b. LICENSES MECHANICAL Hoffinan 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 — STANDARDS PRIOR TO MARCH 6, 2010 6418 Kyle Avenue N. Edward Roe RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 330162 nd Avenue N. Huong Trang 6813 Humboldt Avenue N. B103 Elena Pecherskaya 4201 Lakeside Avenue #112 Paul Peterson 09/27/10 -2- DRAFT i . RENEWAL (TYPE III — one-year license) 5442 James Avenue N. Gerald Stigsell RENEWAL (TYPE II — two-year license) 7000 Quail Avenue N. Steven Macke 1108 57 Avenue N. Chai Thao RENEWAL (TYPE I — three-year license) 1200 67 Avenue N. Tom Morrow 6601 Unity Avenue N. Doug Wahl 5505 Lyndale Avenue N. Dragon Property Management 6813 Humboldt Avenue N. B102 William & Elsa Lind SIGNHANGER Demars Signs 410 93 Avenue NW, Coon Rapids Leroy Signs 6325 Welcome Avenue N., Brooklyn Park 6c. RESOLUTION NO. 2010 -132 AUTHORIZING THE EXECUTION OF A CONSTRUCTION COOPERATIVE AGREEMENT FOR COUNTY ROAD 57 STREETSCAPE IMPROVEMENTS PROJECT NO. 2010-17 BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER • 6d. RESOLUTION NO. 2010 -133 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2010-11,18 AND 19, 2010 TRAIL, PARKING LOT AND SIDEWALK IMPROVEMENTS 6e. RESOLUTION NO. 2010 -134 ACCEPTING PROPOSAL FOR MAXIMUM FEES FOR BASIC AUDITING SERVICES FOR FISCAL YEARS 2010, 2011, AND 2012 6f. 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 6e. RESOLUTION NO. 2010 -135 AUTHORIZING THE ADOPTION OF THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE CO- OPERATIVE AGREEMENT Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 09/27/10 -3- DRAFT 7a. PROJECT PEACE PRESENTATION FROM SUE LANTTO • Sue Lantto, 5637 Brooklyn Boulevard, representing Project Peace, explained they are a community -based domestic abuse intervention program and described their services and process for civil advocacy. Mayor Willson commented on the difficulty of breaking this chain of violence and his support for their efforts. Councilmember Lasman moved and Councilmember Ryan seconded to receive the report from Project Peace. The Council questioned whether there were methods to stop domestic violence from occurring. Ms. Lantto advised there is no one answer because relationships are complicated, there are social pressures, it is difficult to deal with anger and communication, and many times children are involved. With regard to financing, Ms. Lantto advised they had received a $6,000 federal grant to support housing for victims but the need remains greater than available funding. Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -12 AMENDING ORDINANCE NO. 2010 -01 REGARDING COUNCIL SALARIES FOR 2011 -2012 • Mr. Boganey introduced the item, reviewed the background, and advised the Financial Commission had recommended that the salaries for the Mayor and Council remain unchanged for 2011 and 2012. It was noted this ordinance received first reading on August 23, 2010, and it is offered tonight for second reading and public hearing. The Council noted that other cities provide additional forms of enumeration, such as per diem and technological services. Director of Fiscal and Support Services Dan Jordet advised that the chart and graphs in the meeting packet identify only the base salary comparison. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. 09/27/10 -4- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2010 -12 Amending Ordinance No. 2010 -01 Regarding Council Salaries for 2011 -2012. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDER PARK AND RECREATION COMMISSION RECOMMENDATION TO RENAME CENTRAL PARK TO CENTENNIAL PARK Mr. Boganey introduced the topic and recommendation of the Park and Recreation Commission. Councilmember Lasman moved and Councilmember Yelich seconded to rename Central Park to Centennial Park, as recommended by the Park and Recreation Commission to become effective January 1, 2011. Motion passed unanimously. 10b. CONSIDER PARK AND RECREATION COMMISSION RECOMMENDATION FOR BANDSHELL LOCATION Councilmember Lasman moved and Councilmember Ryan seconded to authorize the Centennial Celebration Committee to begin planning, funding, and construction of a bandshell in Centennial Park on Site #2, as recommended by the Park and Recreation Commission. The Council discussed whether the Centennial Celebration Committee would be involved with fund raising. Mayor Willson noted the presentation by the Centennial Celebration Committee included raising funds and the Park and Recreation Commission recommendation to move forward was unanimous. Mr. Boganey clarified that while the Centennial Celebration Committee has indicated support to move forward with fund raising, bandshell construction will ultimately be a City project. Motion assed unanimously. p o y. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following: • September 19, 2010, pancake fundraiser at the Brooklyn Center High School hosted by the Lions. • September 21, 2010, Park and Recreation Commission meeting where the issues of renaming Central Park and the bandshell were discussed. 09/27/10 -5- DRAFT • September 25, 2010, pancake breakfast fundraiser hosted by the Brooklyn Center Crime • Prevention Committee at Applebee's Restaurant. • September 26, 2010, pancake breakfast at St. Alphonsus Church. Councilmember Lasman reported on her attendance at the following: • September 14, 2010, neighborhood meeting at East Palmer Lake Park that had good attendance, presentation by staff, and many questions were asked. She thanked staff for its efforts to hold neighborhood meetings this summer, which were very successful. • September 15, 2010, Crime Prevention Program where Police Chief Brenner provided a staff update and Sheriff Stanek also made a presentation. • September 25, 2010, Crime Prevention breakfast fundraiser where she also worked. Councilmember Lasman announced the October 9, 2010, Neighborhood Crime Watch meeting for block captains from 9 a.m. to noon Councilmember Ryan reported on his attendance at the following: • September 29, 2010, Lions pancake breakfast fundraiser. • September 14, 2010, East Palmer Lake Park neighborhood meeting and agreed with Councilmember Lasman that these informational meetings have been very successful. Councilmember Ryan encouraged attendance at the October 9, 2010, Neighborhood Crime Watch workshop for block captains, which will be held at the Community Center. Mayor Willson reported on his attendance at the September 14, 2010, East Palmer Lake Park • neighborhood meeting, noting the full Council was in attendance. With regard to the upcoming block captain workshop, Mayor Willson indicated the Council is supportive of crime prevention and police department activities. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:38 p.m. Motion passed unanimously. • 09/27/10 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC • DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 27, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:39 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Dan Ryan, and Mark Yelich. Councilmember /Commissioner Tim Roche was absent and excused. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 57" AND LOGAN UPDATE - CONTINUED The Council/EDA continued its discussion on the 57 and Logan update, noting private water wells that could be at risk and asked whether the City had assured it received feedback from all residents in the area or if there may be additional private water wells. Director of Business and Development Gary Eitel advised of the exhaustive effort to contact residents to identify private water wells in the area. He explained the MPCA has offered to test those private wells to assure the water is safe to use; however, staff recommends that no shallow point wells in the metropolitan area be used as a potable water source. It was noted that when property is sold, a municipal water source will be required. Mr. Eitel stated that all properties within the area of the plume are connected to the municipal water supply and two homes outside the plume area use a private water source. The Council discussed whether all residents in this area would understand the MPCA flyers. Mayor Willson noted that when the plume was first publicized, a neighborhood meeting had been held and residents asked if it would affect their water supply. At that time, an educational component was also provided. City Manager Curt Boganey noted that over the years of this project, a lot of notices had been sent and staff had knocked on doors to inform residents. Mr. Boganey indicated that he believed due diligence has occurred to notify residents. The Council/EDA concurred. Mayor/President Willson stated residents are wondering when 57 and Logan Avenues will be redeveloped. Mr. Eitel stated the area will be redeveloped next spring. 09/27/10 -1- DRAFT Mr. Boganey recapped that staff will get additional information and verify that the soil vapor extraction process is safe for the City's residents and will not impact private water supplies. • ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 7:56 p.m. Motion passed unanimously. 09/27/10 -2- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM . DATE: October 5, 2010 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk O SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its October 11, 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. COMMERCIAL KENNEL Cutting Edge Pet Care 4900 France Avenue N Gentle Touch Animal Sanctuary 4900 France Avenue N Paws Inn, LLP 4902 France Avenue N GASOLINE SERVICE STATION Northern Tier Retail LLC 190157' Avenue N 6950 Brooklyn Blvd 6545 West River Road MECHANICAL Custom Sheetmetal of Monticello 1305 Edmonson Avenue NE, Monticello First Choice Plumbing & Heating 29948 Hwy & NW, Isanti Massmann Gerithermal & Mechanical LLC 27944 96 Street NW, Zimmerman Woodland Stoves & Fireplaces 2901 E Franklin Avenue, Minneapolis RENTAL See attached reports. TOBACCO RELATED PRODUCT Northern Tier Retail LLC 1901 57 Avenue N 6950 Brooklyn Blvd 6545 West River Road Mission. Ensuring an attractive, clean, safe conununiry 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 IN W-10 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 W Type IV — 6 Months 1 -2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact t '. Q 25 � kj 5 or more units 0 -0.35 • Decrease 1 1 -2 Greater than 1 but not more than 3 Category xv ., .._ 5 or more units Greater than but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 2 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe coinntunify that enhances the duality of life and preserves the public trust Rental Licenses for ; : Council Approval on Qctober 11; 201 Current Rental Standards Property, Final Dwelling Renewal Code: License Police License ` Unpaid .Unpaid, Property Address Type or Initial Owner Violations Type Ci=S * - Type ** Utilities Taxes, 5101 -03 Xerxes Ave N Two Family (2) Initial Karen Ziegelman 4 II N/A II OK OK 1609 68th Ln N Single Family Initial Jeremy Ziegler 0 II N/A II OK OK 720 69th Ave N Single Family Initial Brett Hildreth 0 II N/A II OK OK 6813 Humboldt Ave N 6104 Single Family Initial Raymond Chareet 0 II N/A II OK OK 6937 Unity Ave N Single Family Initial Wells Bovard 6 III N/A III OK OK 1 Bldg 7 4 5209 Xerxes Ave N 12 Units Renewal Chad Johnson .58 /Unit I .33 /Unit I OK OK I Bldg 6 2 5211 Xerxes Ave N 12 Units Renewal Chad Johnson .50 /Unit I .17 /Unit I OK OK 5408 Girard Ave N Two Family (2) Renewal Gardner Properties III 8 II 0 11 OK OK 4842 71st Ave N Single Family Renewal Erick Dinh 2 II 0 II OK OK 5956 Beard Ave N Single Family Renewal Ann Cook 2 II 0 II OK OK 6315 Brooklyn Blvd Single Family Renewal Raymond He 3 II 0 II OK OK 6343 Dupont Ave N Single Family Renewal Linh Nguyen 2 II 0 II OK OK 6349 Halifax Dr Isingle Family Renewal Charles Jing Bright 6 VII 0 ill OK OK 6819 Humboldt Ave N A204 ISingle Family Renewal William & Elsa Lind 5 III 1 III OK I OK 5308 Lilac Dr N ISingle Family Renewal Paul Baird 8 III 0 III OK I OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type 1 = 3 year Type II = 2 year Type III =1 year Type IV = 6 mos • City Council Agenda Item No. 6c • COUNCIL ITEM MEMORANDUM DATE: October 4, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk i SUBJECT: Rental Dwelling License Approval for Partial Occupancy at Gateway Commons Recommendation: It is recommended that the City Council consider approval of a rental dwelling license for partial occupancy at Gateway Commons for building addresses at 2820 and 2806 Northway Drive. Background: At its February 8, 2010, meeting the City Council adopted Resolution No. 2010 -28 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for the Gateway Commons Apartments Located at 2802 -2838 and 2900 -2940 Northway Drive (see attached). On September 20, 2010, Gary Bru mer, owner of Gateway Commons, submitted an application for rental dwelling license and paid the $832 license fee for two buildings located at 2802 and 2806 Northway Drive. Taxes and utilities are current. On September 28, 2010, Building Official Gary Gilpin notified that the inspections have passed for these two buildings and all license requirements have been met, as well as requirements of Resolution No. 2010 -28. These are the last two buildings to be recommended for approval as part of the Gateway Commons renovation. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods Mission: Ensuring an attractive, clean., safe community that enhances the quality of life and preserves the public trust Member Tim Roche introduced the following resolution and moved its adoption: • RESOLUTION NO. 2010 -28 RESOLUTION RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR THE GATEWAY COMMONS APARTMENTS LOCATED AT 2802 -2834 AND 2900- 2940 NORTHWAY DRIVE WHEREAS, the rental license for the apartments at 2802 -2834 and 2900 -294Q Northway Drive known as Gateway Commons is revoked; and WHEREAS, the owner Mr. Gary Brummer has requested that the City Council rescind the revocation for the property and allow for a partial occupancy license; and WHEREAS, the City Council directed the City Manager to meet with the owner to develop a process that would allow for a phased license rental process that would meet the objectives of the City; and WHEREAS, the parties have met and agreed to the conditions outlined in Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council will review and consider the issuance of a license for partial occupancy of the property at 2802 -2834 and 2900 -2940 Northway Drive known as Gateway Commons, in accordance with the conditions outlined in Exhibit A February 8 2010 j Mayor Ma Date y ATTEST: 4�m� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Tim Rohce, .Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. i RESOLUTION NO. 2010 -28 EXHIBIT A Gateway Commons Partial Property License • The City Council will consider issuing a two year license for partial occupancy subject to all of the following conditions being met. • The license fee will be prorated based on the fee in effect at the time of occupancy approval. • The first approval (Buildings 2940 ,2928,2924,2936,2932,2920,2916) require the following: o 100 % of all vacant units must be completely renovated to approved standards o All interior common areas must meet approved renovation standards i o All occupied units must meet housing code standards o All exterior areas must meeting housing code standards o All previously approved occupied units that become vacant must be renovated before new buildings are approved Subsequent approvals (minimum of two buildings at a time ) require the following: o All previously approved occupied units that become vacant must be renovated before new buildings are approved o Same improvement standards as above required. i City Council Agenda Item No. 6d • • COUNCIL ITEM MEMORANDUM • DATE: October 6, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Site Performance Guarantee Release — Speedway SuperAmerica, 1901 57 Avenue North Recommendation: It is recommended that the City Council consider approving the release of the site performance guarantee being held by the city for the completion of various site improvements associated with the 2002 construction of the SuperAmerica located at 1901 57 Avenue North. Background: On February 11, 2002, the City Council approved a rezoning and site and building plan application for development of a new SuperAmerica at 1901 57 Avenue North. The approval of Planning Commission application No. 2002 -001 included 19 conditions, two of which related to the posting of a financial security: 43 — A site performance agreement and supporting financial guarantee shall be submitted prior to the issuance permits to assure completion of approved site improvements. • 49 — The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to the release of the performance agreement. The records indicate that a $65,000 performance bond was provided by Safeco Insurance Company of America and that a building permit was issued on June 25, 2001. On May 21, 2004, the building permits were finalized and an occupancy permit was issued, however, an as -built survey was not provided allowing the release of the performance bond. All site improvements and conditions for which the site performance guarantee was posted have been completed and at this time, an as-built survey and other related engineering items have been submitted and accepted by the Engineering Department. It is recommended that the City Council authorize release of the entire $65,000 performance bond being held by the city. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust • City Council Agenda Item No. 6e • COUNCIL ITEM MEMORANDUM • DATE: October 5, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Approving Change Order No. 2, Improvement Project No. 2009 -18, Contract 2009 -I, Bass Lake Road Streetscape and Regional Trail Project Recommendation: It is recommended that the City Council approve the Resolution for Change Order No. 2, Improvement Project No. 2009 -18, Contract 2009 -I, Bass Lake Road Streetscape and Regional Trail Project. Background: On January 25, 2010, the City Council awarded a contract to Peterson Companies, Inc., of Chisago City, Minnesota for the Bass Lake Road Streetscape and Regional Trail Project. The project began in April 2010, and is anticipated to be completed by the end of October 2010. The following represents originally unanticipated items and are included in Change Order No. 2 that is recommended to amend the Contract to complete the project. 1. Revise Irrigation System — The proposed location for the irrigation cabinet along the south side of Bass Lake Road was shifted to a flatter boulevard area. This revised • location necessitated additional copper water service pipe. Additionally, the irrigation water service required a saddle -type connection that was not called for in the plans. e changes were originally unantici ated• however, if the would have been Thes , Y g p included in the original contract, it is anticipated that the costs would have been similar to this negotiated cost. Additional Cost: $1,700.64 2. Adjust Light Bases — Two light bases were required to be raised to a higher elevation to match the p p ro osed sidewalk elevations. This work was necessary and is based on actual time and material of the Contractor. Additional Cost: $1,520.00 3. Adjust Signal Mast Arm Base — A signal mast arm base was required to be raised to a higher elevation to match the proposed curb and gutter elevation. This work was necessary and is based on actual time and material of the Contractor. Additional Cost: $4,668.57 Total Change Order No. 2: $7,889.21 Budget Issues: The attached resolution authorizes Change Order No. 2 for the project. The original contract amount was $3,132,609.36. In August, City Council approved Change Order No. 1 in the amount of $80,677.39. Change Order No. 2 ($7,889.21) increases the contract amount to $3,221,175.96. The total amounts of Change Order Nos. 1 and 2 represent approximately 2.8 percent of the .Mission: Ensuring an attractive, clean safe commullitr that enhances the quality of life andhreserres the puhlic trust COUNCIL ITEM MEMORANDUM original contract amount and are within the project's budgeted contingency amount • ($240,000.00). Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • • M ission: Ensuring an attractive, clean safe cptnnrunitr that enhances the duality- of life and preserves the public trust • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NO. 2009 -18, CONTRACT 2009 -I, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL PROJECT WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Peterson Companies, Inc., of Chisago City, Minnesota, was instructed to complete additional work as itemized on Change Order No. 2 for Contract 2009 -I; and WHEREAS, said additional work was not included in the original Contract, but is deemed necessary to properly complete the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Change Order No. 2 in the amount of $7,889.21 for Contract 2009 - I is hereby approved and the City Manager is hereby authorized to execute the approved change order. The revised contract amount is as follows: Original Contract Amount $3,132,609.36 • Change Order No. 1 $ 80,677.39 Change Order No. 2 $ 7,889.21 Revised Contract Amount $3,221,175.96 October 11, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, • City Council Agenda Item No. 6f • • COUNCIL ITEM MEMORANDUM • DATE: October 5, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 2010 -05, 06, 07 and 08, Contract 2010 -B, Twin Lake Area Neighborhood Street and Utility Improvements Recommendation: It is recommended that the City Council approve the Resolution for Change Order No. 1, Improvement Project Nos. 2010 -05, 06, 07 and 08, Contract 2010 -B, Twin Lake Area Neighborhood Street and Utility Improvements. Background: On May 10, 2010, the City Council awarded a contract to Nodland Construction Company, Inc., of Alexandria, Minnesota for the Twin Lake Area Neighborhood Street and Utility Improvements Project. The project began in June 2010, and is anticipated to be completed by the end of October 2010. The following represents originally unanticipated items and are included in Change Order No. 1 that is recommended to amend the Contract to complete the project. • 1. Added 2 -inch Copper Water Service — A 2 -inch copper water service was installed that was originally anticipated to be a 1 -inch service. A 2 -inch service with saddle was installed requiring 33 -feet of 2 -inch copper pipe. This work was necessary and is based on actual time and material of the Contractor. Additional Cost: $1,775.00 2. Abandon Water Services — Five water services were encountered during construction that were unknown and not servicing any properties. The services were required to be removed, disconnected and properly abandoned. This work was necessary and is based on actual time and material of the Contractor. Additional Cost: $3,250.00 3. Abandon Water Services — Three water services were encountered during construction that were unknown and not in service. The services were required to be removed and properly abandoned. The work consisted of removing and disconnecting the services at the watermain. This work was necessary and is based on actual time and material of the Contractor. Additional Cost: $2,250.00 Total Change Order No. 1: $7,275.00 Budget Issues: • The attached resolution authorizes Change Order No. 1 for the project. The original contract amount was $3,433,246.65. Change Order No. 1 increases the contract amount to $3,440,521.65 Mission: Ensuring an attractive, clean, srtfe coinrnunitr that enhances the quality of7ifi and preserves the puhlie trust COUNCIL ITEM MEMORANDUM The total amount of Change Order No. 1 ($7,275.00) represents less than i percent of the • original contract amount and is within the project's budgeted contingency amount ($365,000.00). Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • • Mission: Ensuring an uttruclive, elean safe cammuuiti• that enhances the qualits' of fifi and preserves the public trust its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07 AND 08, CONTRACT 2010 -B, TWIN LAKE AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Nodland Construction Company, Inc., of Alexandria, Minnesota, was instructed to complete additional work as itemized on Change Order No. 1 for Contract 2010 -B; and WHEREAS, said additional work was not included in the original Contract, but is deemed necessary to properly complete the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Change Order No. 1 in the amount of $7,275.00 for Contract 2010- - B is hereby approved and the City Manager is hereby authorized to execute the approved change order. The revised contract amount is as follows: Original Contract Amount $3,433,246.65 • Change Order No. 1 $ 7.275.00 Revised Contract Amount $3,440,521.65 October 11, 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. 6g • COUNCIL ITEM MEMORANDUM • DATE: October 6, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Authorizing the Execution of a Cooperative Agreement for the Twin Lake Wetland 639W Improvement Project No. 2007 -09 between the Shingle Creek Watershed Management Commission and the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the resolution executing a cooperative agreement for funding and project execution purposes between the City of Brooklyn Center and the Shingle Creek Watershed Management Commission for Shingle Creek Restoration Improvement Project No. 2007 -09. Background: The City's 2010 CIP includes funding to participate in the Wetland 639W project with the Shingle Creek Watershed Management Commission. This project has been developed over the last several years in cooperation with the watershed district and neighboring cities in response to the water quality impairment of Upper, Middle and Lower Twin Lakes due to excessive nutrient • loading. A feasibility study was prepared for this project (see Attachment One) with a project cost of $570,000. The City and Watershed District are recipients of a Minnesota Pollution Control Agency grant in the amount of $300,000 for this project. Other funding consists of Shingle Creek Watershed Colmission funding ($142,500) and City funding as outlined below: Brooklyn Center $29,325 Brooklyn Park $50,150 Crystal $39,525 New Hope $ 6,800 Robbinsdale $ 1,700 City funding is based on weighted ratios of lake frontage and contributing drainage area. The attached cooperative agreement outlines the City's responsibilities and project requirements. The conditions of the agreement are straightforward, standard, and complimentary to City practices that are already in place. The agreement has been reviewed by the City Attorney. The Watershed District has hired Wenck Associates, Inc., as the design and project management consultant. The project is scheduled to be designed and constructed over the winter /spring of 2011 and completed in the summer of 2011. • .Mission: Ensuring an attractive, clean, .utP community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: • The Wetland 639W project is included in the City's 2010 CIP in the amount of $165,800 that is allocated to the Storm Drainage Utility. The current amount of City contribution towards this project is significantly less than anticipated in the CIP. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • • Mission: Ensuring an attractive, elean, safe conmaunur that enhances the qualiti of life and preserves the public trust • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR THE TWIN LAKE WETLAND 639W IMPROVEMENT PROJECT NO. 2007 -09 BETWEEN THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ( "City ") and the Shingle Creek Watershed Management Commission ( "Commission ") have been working cooperatively to advance the Twin Lake Wetland 639W Improvement Project ( "Project ") to provide water quality improvements; and WHEREAS, the Project is included in the City's and the Commission's 2010 Capital Improvement Programs; and WHEREAS, the City and Commission are recipients of a Minnesota Pollution Control Agency grant in the amount of $300,000 for this project; and WHEREAS, the Project is located in the City of Crystal and the City of Crystal will perform construction design and management services for the Project; and • WHEREAS, the Commission and the City have agreed for the City as Sub - Grantee to assume certain duties and responsibilities of the Grantee under the grant contract in consideration of receiving funds provided for in the grant contract and subject to the terms, conditions and limitations set forth therein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The provisions of the Twin Lake Wetland 639W Cooperative Agreement, between the City of Brooklyn Center, the Shingle Creek Watershed Management Commission and the Cities of Crystal, Brooklyn Park, New Hope and Robbinsdale are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. October 11, 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. • COOPERATIVE AGREEMENT FOR TWIN LAKE WETLAND 639W IMPROVEMENT PROJECT This Agreement is made as of this _ day of 2010, by and among the Shingle Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission "), the City of Crystal, Minnesota (hereinafter "Crystal "), and the Cities of Brooklyn Center, Brooklyn Park, New Hope and Robbinsdale, all of which are Minnesota municipal corporations (hereinafter the "Contributing Cities "). WITNESSETH: WHEREAS, the Commission adopted the Shingle Creek and West Mississippi Second Generation Watershed Management Plan as amended on September 8, 2005, May 10, 2007, September 11, 2008, September 10, 2009 and September 9, 2010 (the "Plan "), a watershed management plan within the meaning of Minn. Stat., § 103B.231; and WHEREAS, the Plan includes a capital improvement program ( "CIP ") that lists a number of water quality project capital improvements; and • WHEREAS, the water quality projects identified in the CIP include the Twin Lake Wetland 639W Improvement Project more fully described in Attachment One to this Agreement, which is hereby made a part hereof (the "Project "); and WHEREAS, the Plan specifies that projects in the CIP will be partially funded by a County tax levy under Minn. Stat., § 103B.251; and WHEREAS, the Commission has entered into a grant contract with the State of Minnesota effective as of June 2, 2010 (the "Grant Contract "), a copy of which is attached hereto as Attachment Two, and hereby made a part hereof, and WHEREAS, the Grant Contract provides that the Minnesota Pollution Control Agency of the State of Minnesota, shall grant to the Commission a sum not to exceed Three Hundred Thousand and No /100 Dollars ($300,000.00), which funds shall be used to perform the duties and tasks specified in the Grant Contract; and WHEREAS, on September 9, 2010, the Commission adopted a resolution ordering the Project, directing that it be constructed by Crystal and that the Commission's share of the Project costs be, certified to Hennepin County for payment in accordance with Minn. Stat., § 103B.251; and WHEREAS, it is expected that Hennepin County will levy taxes throughout the watershed for the Project, for collection and settlement in 2011; and • 3748040 CLL SH220 -12 I • WHEREAS, the Commission and Crystal have agreed for the City as Sub - grantee to assume certain of the duties and responsibilities of Grantee under the Grant Contract in consideration of receiving a portion of the funds provided for in the Grant Contract and subject to the terms, conditions, and limitations set forth therein; and WHEREAS, the Contributing Cities have agreed to contribute to the Project on the terms and conditions hereinafter set forth; and WHEREAS, Crystal is willing to construct the Project on the terms and conditions hereinafter set forth. NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: 1. The Project will consist of improvements in the City of Crystal as more fully described on Attachment One. 2 Crystal will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications are subject to approval by the Commission's consulting engineer, and the City Engineers of each of the Contributing Cities. 3. Crystal will advertise for bids and award contracts in accordance with the requirements • of law. Crystal will not award contracts if the amount bid by the lowest responsible bidder, together with other reasonable and necessary project costs customarily included in the cost of public improvements (including but not limited to engineering costs and a reasonable allowance for contingencies) (hereinafter referred to as the "Total Estimated Project Cost ") exceeds $570,000, without the prior approval of the City Councils of the Contributing Cities. Crystal will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans and specifications. Crystal will require the contractor to provide all payment and performance bonds required by law. Crystal will require that the Commission and the Contributing Cities be named as additional insured on all liability policies required by Crystal of the contractor. Crystal will require that the contractor defend, indemnify, protect and hold harmless the Commission, Crystal and the Contributing Cities, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. Crystal will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. Crystal will not approve any change order that will result in a Total Estimated Project Cost in excess of $570,000 without the prior approval of the City Councils of the Contributing Cities. 4. Crystal will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 3748090 CLL SH220 -12 2 • Upon award of a contract for construction of the Project, Crystal will invoice, and each of the Contributing Cities will promptly pay to Crystal, an amount determined as follows: The Total Estimated Project Cost minus $282,681 (the portion of grant proceeds from the Minnesota Pollution Control Agency that apply to construction of the Project rather than monitoring and reporting that will be undertaken by the Commission) minus the amount estimated by the Commission to be received from settlement of the tax levy described in paragraph 5 is the "Projected Net Project Cost ". Crystal and each Contributing City will pay to Crystal an initial payment, which will be invoiced by Crystal, equal to the following percentage of the Projected Net Project Cost: Brooklyn Center 23% (estimated to be $29,325) Brooklyn Park 39 -1/3% (estimated to be $50,150) Crystal 31% (estimated to be $39,525) New Hope 5 -1/3% (estimated to be $ 6,800) Robbinsdale 1 -1/3% (estimated to be $ 1,700) After all project costs, all income from the grants received under the Grant Contract • and all funds received or to be received from the Commission are finally determined, Crystal will disburse to the Contributing Cities and Crystal any funds remaining, prorated on the basis of the percentages of contribution in this paragraph 4. If funds paid by Crystal and the Contributing Cities, the Pollution Control Agency under the Grant Contract and the Commission are not sufficient to cover projects costs, Crystal will invoice itself and the Contributing Cities for the deficiency prorated on the basis of the percentages in this paragraph 4, which invoice each of the Contributing Cities will promptly pay. 5. The Commission will use its best efforts to secure payment from the County in accordance with Minn. Stat., § 10313.251 in the amount of One Hundred Forty -Two Thousand Five Hundred Dollars ($142,500). It is understood that tax settlement from the County is not expected to occur until 2011. Out -of- pocket costs related to the Project, incurred and paid by the Commission for publication of notices, securing County tax levy, preparation of contracts, review of proposed contract documents and administration of this contract shall be repaid from funds received in the tax settlement from Hennepin County. Amounts received from the County, up to $142,500, less reimbursement to the Commission of such expenses, are available for reimbursement to Crystal for costs incurred by Crystal in the design and construction of the Project. Reimbursement to Crystal will be made on completion of the project and submittal of as- builts. Reimbursement to Crystal will be made as soon as funds are available provided a request for payment has been received from • 3748090 CLL SH220 -12 3 • Crystal providing such detailed information as may be requested by the Commission to substantiate costs and expenses. 6. Reimbursement to Crystal from the Commission will not exceed the amount received from the County, up to $142,500, for the Project less any amounts retained by the Commission for Commission expenses. All costs of the Project incurred by Crystal in excess of such reimbursement, including all costs incurred in excess of estimated project costs due to unforeseen conditions or any other cause, shall be borne by Crystal and the Contributing Cities or secured by Crystal from other sources. 7. Crystal as Sub - grantee will perform and satisfy certain obligations of Grantee under the Grant Contract. Specifically, but without limiting the foregoing, Sub- grantee will perform all of the following: (a) Sub - grantee will perform Tasks 1. 1, 1.2 and 2.1 as described in Attachment A of the Grant Contract and comply with all requirements of the Grant Contract relating to performance of Tasks 1.1, 1.2 and 2.1 except any obligations that, by their nature, can only be performed by Grantee or others. Grantee will perform Tasks 3.1 and 3.2 of the Grant Contract and will comply with all requirements of the Grant Contract related to Tasks 3.1 and 3.2. (b) Sub - grantee will be reimbursed for costs incurred in performing its obligations under paragraph 7.(a) above, up to a maximum total amount of $282,681. All additional costs incurred by Sub - grantee in the performance of this Agreement will be borne by Sub - grantee or secured by Sub - grantee from the Contributing Cities and other sources. Reimbursement is subject to compliance by Sub- grantee with requirements and conditions of the Grant Contract. (c) The times of performance and expiration of the Grant Contract shall be as p rovided in the Grant Contract. (d) Sub - grantee will provide invoices for reimbursement in accordance with the requirements of Paragraphs II and III of the Grant Contract. Reimbursement will be forwarded to Sub - grantee when received by Grantee. (e) Sub - grantee will comply with all provisions specified in Paragraphs XIV through XXI of the Grant Contract and the provisions of Appendix B of the Grant Contract. (f) Reimbursement to Sub - grantee will be subject to, among other conditions, those specified in Paragraph II.B of the Grant Contract. (g) Grantee and Sub - grantee will each be subject to the liability and indemnity provisions of Paragraph XIII of the Grant Contract with respect to claims arising • 3748090 CLL SH220 -12 4 out of performance of their respective obligations under the Grant Contract and this Agreement. 8. Crystal's books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission and the Contributing Cities. 9. Crystal will secure all necessary local, state, or federal permits required for the construction of the Project. 10. The project will be constructed on land owned or easements held by Crystal or on land owned by the Metropolitan Airports Commission and leased to Crystal. 11. Crystal will have ownership of the associated improvements, and will maintain them in good operating condition in perpetuity or until such time as they are replaced with like improvements. 12. Crystal will defend, indemnify, protect and hold harmless the Commission and the Contributing Cities and its agents, officers, and employees, from any claims arising out of the design, construction, or maintenance of the Project, including environmental claims. Nothing herein shall be deemed a waiver of the limitations of liability in Minnesota Statutes, Chapter 466. • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION By: Its Chair And by: Its Secretary CITY OF CRYSTAL By: Its Mayor And by: • Its Manager 3748090 CLL SH220 -12 5 CITY OF BROOKLYN CENTER By: Its Mayor And by: Its Manager CITY OF BROOKLYN PARK By: Its Mayor And by: Its Manager • CITY OF NEW HOPE By: Its Mayor I And by: Its Manager CITY OF ROBBINSDALE By: Its Mayor And by: Its Manager e 374804v3 CLL SH220 -12 6 • ATTACHMENT ONE Twin Lake Wetland 639W Improvement Project Feasibility Summary The proposed project is the modification of the outlet of Wetland 27 -0639W to reduce phosphorus export from the wetland to Upper Twin Lake, an Impaired Water that exceeds the state standard for total phosphorus concentration. The proposed modification consists of the construction of a sheet pile weir just upstream of the outlet to increase storage in the wetland, and the construction of an upstream outlet structure and high flow overflow channel. Wetland 639W is shown in Figure 1. Modifying the outlet to limit outflow from the wetland will help the wetland stay as wet as possible, reducing the periods of soil dryness that lead to soil mineralization and export of friable material. This will be accomplished through the construction of a sheet pile weir along the "bottom" of the wetland. This weir will be set at elevation 856.0, approximately two feet above the ground elevation. Figure 2 shows a schematic drawing of the proposed modified outlet. A new outlet set at elevation 855.5 will be constructed at a point upstream of the central wetland basin. This outlet will discharge into a new open channel that will be constructed along the edge of the wetland and into an existing Swale downstream of the sheet pile weir. Figure 3 shows the general location of the new channel. Water will be stored in the wetland until the elevation exceeds 855.5, at which point the upper outlet will begin to discharge into the channel. Hydrologic and hydraulic modeling indicate that channel discharge and storage in the wetland between Precipitation Evapotranspiration elevations 855.5 and 856.0 can n • accommodate up to a 1.5 inch event. When the basin is full (i.e., at - elevation 855.5), events smaller than us Overflow IDS weir 1.5 inches will be retained in the Weir At 855.5 At 856.0 wetland. Larger events will be �� r discharged both through the channel and over the top of the sheet pile Channel 2.3' weir. Figure 2. Conceptual cross section of Groundwater proposed sheet pile weir and new 0 wetland storage outlet. Wetland 639W _ Storage: 1.5" event Conceptual Model • 374809v3 CLL SH220 -12 7 'Al AV > 3 .4 jr ju A�r 5 -- 41.x' 1 4 I r. f • i. MAC r d �,, '-� •' - `�,, Crystal \ Airport ;,. �t t 1 k :_ ly .N f r A , a� al - ' V'O .-1 It 7 iff Twin Lake Municipal � ff Wetland . �.� vvenr kAss ociates , Inc 1800 Pione Dwironmental Engineers Maple Plain, MINI 55359-13429 wNSfRU r COMM No ter+ (SEE SW c }oz) f1 MOOK "wooc rss awwn PI aasatw: �uxnw�+ m Moto sum Twa �. or Of Of FU ( �- z •_ —' (.- -- - - K MAW 3* W SIIEEr'Cr103) OR s w6 400) , Figure 3. Proposed Wetland 639W outlet modification. • Performance and Cost Previous study and the Twin and Ryan Lakes Nutrient TMDL estimated that Wetland 639W exports between 600 -800 pounds of total phosphorus annually, depending on the amount of precipitation received. The goal of this project is to reduce phosphorus export by an average 300 pounds per year. This would accomplish a significant fraction of the approximately 750 pound annual total phosphorus wasteload reduction required to Upper Twin Lake. Because Middle Twin is connected to Upper Twin through a short channel, improving Upper Twin will have a beneficial effect on Middle Twin. It is estimated that the project could remove up to 500 pounds of phosphorus export in an average year. The following is a summary of the estimated costs and funding sources for this project. The MPCA Section 319 construction grant extends through August 29, 2014. The benefitting cities include Brooklyn Center, Brooklyn Park, Crystal, and New Hope. Because the project is located mostly in Crystal, Crystal will be the lead agency and manage the construction project. Costs Construction $410,000 Contingency 85,000 Final Design and Construction Engineering 50,000 Followup Monitoring and Reporting 25,000 Total $570,000 Funding MPCA Section 319 Grant $300,000 Shingle Creek WMC 142,500 Cities 127,500 Total $570,000 • 3748090 CLL SH220 -12 1 • City g Council Agenda Item No. 6h COUNCIL ITEM MEMORANDUM • DATE: October 5, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Authorizing Traffic Control Signal Agreement No. 96981R for the intersections at I -94 with Shingle Creek Parkway between the Minnesota Department of Transportation and the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the resolution authorizing Traffic Control Signal Agreement No. 96981R for the intersections at I -94 with Shingle Creek Parkway between the Minnesota Department of Transportation and the City of Brooklyn Center. Background: The Minnesota Department of Transportation (Mn/DOT) has initiated plans and specifications for the replacement of the traffic control signal located at the intersection of I -94 and Shingle _ Creek Parkway, both the north and south ramps. Mn/DOT has provided the attached agreement to provide for the construction, operation and maintenance of the new signal system. The project would include removal of the existing traffic control signals and installation of new • traffic control signals with street lights, emergency vehicle pre- emption, accessible pedestrian signals and signing on I -94 at Shingle Creek Parkway, north and south ramps. The project also includes installation of traffic signal interconnect on I -94 from Shingle Creek Parkway /South Ramp to Shingle Creek Parkway/Freeway Boulevard. The interconnection will allow the City and Mn/DOT to eventually coordinate all signal phases along Shingle Creek Parkway between the south ramp and Freeway Boulevard. This coordination will provide for better signal operations and less delay while traveling through this corridor. Mn/DOT and the City of Brooklyn Center will share in the cost to construct the proposed traffic signal improvements (see Schedule "I" of the Agreement). The City's estimated share of construction costs is $274,698. As part of the proposed agreement, the City will be responsible for the cost and application to secure an adequate power supply to the signal. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the signal system. The City would also be required to relamp and maintain the street lights mounted on the signal poles. These agreement prescriptions are standard and typical for most traffic signal systems throughout the City. Budget Issues: The 2011 CIP includes funding in the amount of $303,000 that is allocated to the Municipal State Aid Fund. Council Goals: Mission. Ensuring an rattmaire, clean, .safe comnnauity that enhances the yualitt of life and preserves the puhlic trioa COUNCIL ITEM MEMORANDUM Strategic: • 5. We will continue to maintain and upgrade City infrastructure improvements • Mis.vion Ensuring an attractive, clean safe communttr that enhances the yuahty of life andpreserres the public trust • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AUTHORIZING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 96981R FOR THE INTERSECTIONS AT I -94 WITH SHINGLE CREEK PARKWAY BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER WHEREAS, Minnesota Department of Transportation (Mn/DOT) has initiated the preparation of construction plans and specifications for improvements to the traffic control signal system located at the intersection of I -94 and Shingle Creek Parkway, north and south ramps; and WHEREAS, Mn/DOT has requested that the City of Brooklyn Center and the Mn/DOT enter into an agreement to provide for the construction, operation and maintenance of said traffic control signal system as set forth in Agreement No. 96981R. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: • 1. The City of Brooklyn Center enter into an agreement with Mn/DOT for the following purposes, to wit: To remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre - emption, accessible pedestrian signals and signing on I -94 at Shingle Creek Parkway; and install interconnect on I -94 from Shingle Creek Parkway /South Ramps to Shingle Creek Parkway/Freeway Boulevard in accordance with the terms and conditions set forth and contained in Agreement No. 96981R, a copy of which was before the Council. 2. The Mayor and City Manager be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. October 11, 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. • MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 96981R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER TO Remove the existing Traffic Control Signals and Install new Traffic Control Signals with Street Lights, Emergency Vehicle • Pre- emption, and Signing on Trunk Highway No. 94 at Shingle. Creek Parkway, North Ramps and South Ramps; and Install Interconnect on Trunk Highway No. 94 from Shingle Creek Parkway /South Ramps to Shingle Creek Parkway /North Ramps, in the City of Brooklyn Center, Hennepin County, Minnesota. S.P. 2781 -417 (T.H. 94 =392) S.A.P. 109 - 109 -032 System ID 21303 (N. Ramps) and 21304 (S. Ramps) Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Brooklyn Center $274,698.00 None Otherwise Covered - 1 - Agreement No. 96981R • PARTIES i i This Agreement is entered into by the State of Minnesota acting through its Commissioner of Transportation, (State), and i the City of Brooklyn Center, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The State has determined that there is justification and it is in the public's best interest to remove the existing traffic • control signals and install new traffic control signals including street lights, and signing (Traffic Control Signals) at the locations set out in this Agreement, and install traffic signal interconnect (Interconnect) on Trunk Highway No. 94 from Shingle Creek Parkway /South Ramps to Shingle Creek Parkway /North Ramps in accordance with State plans, specifications and special provisions designated as State Project No. 2'718 -417 (T.H. 94= 392)and State Aid Project No. 109 - 109 -032. The City requests and the State agrees to the installation of Emergency Vehicle Pre - emption Systems (EVP Systems) as a part of the new Traffic Control Signal installations. 2 - Agreement No. 96981R • It is considered in the public's best interest for the State to provide a master controller and two new cabinets and control equipment (State- furnished materials) to operate the new Traffic Control Signals. The City and the State will participate in the cost, maintenance and operation of the new Traffic Control.Signals, Interconnect and EVP Systems. CONTRACT i I- 1. The State will prepare the necessary plan, specifications and proposal (Preliminary Engineering). 2. The State, with its own resources or by contract, will remove the existing traffic control signals and install new Traffic Control Signals and EVP Systems on Trunk Highway No. 94 at Shingle Creek Parkway, North Ramps (System "A ") and South Ramps (System "B "); and install Interconnect on Trunk Highway No. 94 from Shingle Creek Parkway /South Ramps to Shingle Creek Parkway /North Ramps pursuant to State Project No. 2781 -417 (T.H. 94 =392) and State Aid Project No. 109 - 109 -032. 3. The State will perform all construction engineering and inspection functions (Construction Engineering) in connection with the contract construction and perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. • 3 - i Agreement No. 96981R 4. The cost of construction (Construction Cost) consists of the contract cost of the work and State - furnished materials, or, if the work is not contracted, the actual cost of all labor, materials, State - furnished materials and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service poles or pads. A Preliminary SCHEDULE "I" is attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all City Construction Costs, and is based on engineer's estimated unit prices and State - furnished materials lump sum amounts. The City will participate in the following construction at the percentage indicated: • a. Traffic Control Signal on T.H. 94 at Shingle Creek Parkway (System "A"). City share is 50 percent. b. EVP System on T.H. 94 at Shingle Creek Parkway (System .,A„ ) City share is 50 percent. c. Traffic Control Signal on T.H. 94 at Shingle Creek Parkway (System "B ") City share is 60 percent. d. EVP System on T.H. 94 at Shingle Creek Parkway (System B „) City hare is 60 percent. • Y P - 4 - Agreement No. 96981R • e. Interconnect on Trunk Highway No. 94 from Shingle Creek Parkway /South Ramps to Shingle Creek Parkway /North Ramps. City share is 65 percent. f. The City will pay a Construction Engineering charge in an amount equal to 8 percent of the total City Construction Cost and lump sum State - furnished Materials covered under this Agreement. 5. The City's estimated total Construction Cost share, lump sum State- furnished materials cost and Construction Engineering costs are $274,698.00, as shown in the attached • Preliminary SCHEDULE "I." The State will prepare a Revised SCHEDULE "I" based on construction contract unit prices and lump sum State - furnished materials cost. Upon execution of this Agreement, award of the Construction Contract, and receipt of the State's written request, the City will advance to the State their total estimated Construction, lump sum State- furnished materials cost and Construction Engineering cost share, as shown in the Revised SCHEDULE "I." 6. Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final SCHEDULE "I" and.submit a copy to the City. The Final SCHEDULE "I" will be based on final quantities, and include all City Construction • Costs, lump sum State - furnished materials cost and Construction 5 - I I ' Agreement No. 96981R I • Engineering covered under this Agreement. If the final cost of the City's participation covered under this Agreement exceeds I the amount of funds advanced by the City, the City will, upon receipt of a request from the State, promptly pay the difference I to the State without interest. If the final cost of the City's participation covered under this Agreement is less than the i amount of funds advanced by the City, the State will promptly I I return the balance to the City without interest. Pursuant to Minnesota Statutes Section 15.415, the State waives claim for any amounts less than $5.00 over the amount of the City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $5.00 of those funds • advanced by the City. 7. The City, for System "A" and "B", will be responsible for the cost and application to secure an adequate power supply to the service pads or poles. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the Traffic Control Signals, Interconnect and EVP Systems. 8. Upon completion of this project, for System "A" and "B ", the City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacing the luminaires when necessary; (2) replace the signal system L.E.D. indications and re -lamp the street lights; (3) clean the signal and service cabinets; and (4) clean the new traffic control • 6 - Agreement No. 96981R signals, and luminaire mast arm extensions. The State will, at its cost and expense, maintain the interconnect and signing, and perform all other traffic control signal and street light maintenance. 9. The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a. All maintenance of the EVP Systems must be done by State forces. b. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota • .Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or his /her designated representative a list of all vehicles with emitter units, if requested by the State. C. Malfunction of the EVP Systems must be reported to the State immediately. d. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation • continues after the City receives written notice 7 - Agreement No. 96981R e from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. e. All timing of the EVP Systems will be determined by the State. 10. Each party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs the State's liability. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Each party will be solely responsible for its own employees for an Workers Compensation claims. • Y P 11. All timing of the new Traffic Control Signals will be determined by the State, and no changes may be made except with the approval of the State. 12. By signing this agreement, the City authorizes the State to enter upon the City public right of way to install and maintain the new.Traffic Control Signals, Interconnect and EVP Systems. 13. Upon execution and approval by the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate the operation and maintenance terms of Agreement No. 61263M, dated January 13, • Agreement No. 96981R I I I 1983, between the parties, for the intersection of Trunk Highway i No. 94 at Shingle Creek Parkway. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 15. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 16. This Agreement contains all negotiations and agreements between the parties. No other understanding • regarding this Agreement, whether written or oral, may be used to bind either party. 17. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 19. The State's obligation to perform any work, or to let a Contract for the performance of the work, on the State Project 9 - Agreement No. 96981R • referenced above, is subject to the availability of funding from the Minnesota Legislature or other funding source. 20. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Mn /DOT Metropolitan District Traffic Engineering, or his successor. His current address and phone number are 1500 West County Road B2, Roseville, M. 55113, (651) 234- 7.812. b. The City's Authorized Agent for the purpose of the administration of this Agreement is Steven L. Lillehaug, Director of Public Works /City Engineer for • Brooklyn Center or his successor. His current address and phone number are 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (763) 569- 3328. I (The reminder of this page intentionally left blank) i 10 - j I J • s • Agreement No. 96981R IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF BROOKLYN CENTER DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Date Approved: By By state Design Engineer Title Date Approved as to form and execution: Date By Contract Management • I Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date - 11 - t PRELIMINARY SCHEDULE "I" Agreement No. 96981R City of Brooklyn Center S.P. 2781417 (T.H. 94 =392) Preliminary September 2, 2010 S.A.P. 109 -109 -032 State Funds Traffic control signal construction to start approximately April 15, 2011 under State Contract No. _ with _ located on on Trunk Highway No. 94 at Shingle Creek Parkway, North Ramps (System "A ") and South Ramps (System "B "), Brooklyn Center, Minnesota CITY OF BROOKLYN CENTER TRAFFIC SIGNAL COST PA RTICIPATION Participating City Cost Total City Costs Participation Cost Rates 2565.511 Signal System "A" $178,700 50.0.0 $89,350.00 2565.601 Emergency Vehicle Pre- emption System "A" $6,000 50.0 3,000.00 State Furnished Materials - System "A" $39,300 50.0.0 19,650.00 2565.511 Signal System "B" $196,000 60.0% 117,600.00 2565.601 Emergency Vehicle Pre - emption System "B" $6,000 60.0% 3,600.00 State Furnished Materials - System "B" $32,000 60.0 19,200.00 2565.601 Interconnect $3,000 65.0.0 1,950.00 Construction and State - Furnished Materials Subtotals $254,350.00 Construction Engineering (8 %) 20,348.00 Totals Construction, Lum sum state - famished materials + Construction Engineerin 1 $274,698.00 (1) Amount of advance payment as described in Paragraph No. 5 of the Agreement (Estimated amount) _1_ City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM • DATE: October 6, 2010 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Joint Budget Meeting Date Rescheduled Recommendation: It is recommended that the City Council consider rescheduling the Joint Budget Review Meeting currently set for October 18 2010. Background: The current budget preparation schedule includes a joint meeting with the Financial Commission on October 1 8 2010 to review enterprise fund budgets. As a member of the Annual Conference Planning Committee and President of the Minnesota City and County Managers' Association, I will be partici sting in the ICMA Annual Conference in San Jose California during the period October 16 — 20 2010. For this reason I am requesting the Council reschedule the October 18 meeting to another date convenient to the City Council. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City 3. We will move toward maintaining or lowering the level of City property taxes • council item memorandum.budget.10.06.10.doc Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • October 11, 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. Update on Highway 252 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 i Work Session Agenda Item No. 1 r MEMORANDUM -- COUNCIL WORK SESSION . DATE: October 7, 2010 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: 252 Hwy Study Recommendation: It is recommended that the City Council consider providing direction to staff regarding to timeline for commencing the 252 Hwy Study. Background: At the September 27 meeting the City Council discussed Hwy 252 and what the City could do to initiate action (minute excerpts enclosed). The Council consensus was that staff should proceed by preparing a scope of consulting services that would lead toward a preliminary project plan, scope of services and cost estimates. Having discussed this matter with staff, I want share with the Council that at present staff time is currently in the midst of several projects that we presume should take precedent. Our best estimate at this time is that we should be able to commence this project not sooner than January 2011, unless, other projects are put on hold. Some of the high priority projects that the staff is engaged in currently include: 1. Continuing with :DuPont :Project, Bass Lake Rd project, CR. 57 project, Twin Lake project, Sidewalk • & Trail Project just kicking into gear, 2010 CMBP. 2. Shingle Creek Restoration 3. EBHC pond restoration 4. Wetland 639W 5. Storm Water Pond projects 6. :High Priority Wetland Value assessment 7. Next year's project (East Palmer Lake) 8. Next year's project (Unity Ave) 9. Next year's project (Shingle Creek Pkwy 10. Brooklyn Blvd Corridor This is not intended to be an exhaustive list, but these are projects currently underway that make it difficult to add another major study this year. Unless the Council directs otherwise, we plan to commence working on the 252 proposal at the beginning of next year. Policy Issues: Council Goals: Select not more than two. Strategic: 1. We will continue to maintain and upgrade City infrastructure improvements i Mission: Ensuring an attractive, clean, safe community that enhances the qualitE oflife and preserves thepublic trust DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS HIGHWAY 252 INITAnw — COUNCII.MEMBER YELICH • Councilmember Yelich reviewed that at the last meeting the Council had discussed the possibility of upgrading TH252 to a freeway for benefit of the City and drivers. Those meeting minutes summarize the highlights of that discussion and the City's position that while it is not against the upgrade, reasonable access must be provided for residents. Councilmember Yelich requested discussion on actions to initiate the upgrade for that portion of TH252, which will reduce congestion and increase safety. Councilmember Lasman stated the City does not want to lose access and since the State indicated it was not a negotiable item; the Council did not support the State's plan. She indicated before the Council supports an upgrade of TH252, it needs to assure access and exit points are part of the project. Mayor Willson noted the neighborhood just to the east has only two access points. The last TH252 upgrade proposal shut off 65 Avenue so the only access was at 73 Avenue, which is not adequate access to that neighborhood. He agreed the Council needed to stand firm on the need for adequate access. Mr. Boganey stated he does not recall that the City presented a counterproposal but it did take a position that as long as access is preserved to the east and west boundaries of the City, it would support the upgrade. • Councilmember Yelich asked what it would take to open negotiations and resolve the City's interest in access. Mr. Boganey stated the City would need to invest in a study to provide concept alternatives that the City could endorse as being acceptable. The study would then be presented to Mn/DOT for their response. Mr. Boganey stated those alternatives may be far more expensive than what Mn/DOT had planned so it will boil down to how persuasive Brooklyn Center can be to fund this project. If funding is identified, the likelihood of the alternative being adopted by Mn/DOT increases. Mayor Willson agreed that having a plan in hand would provide the needed platform from which to speak. He suggested staff research costs for such a study, prepared by a consultant. Mr. Boganey stated the cost will depend on how far the plan is developed. He noted such a plan would include frontage roads, acquisition of private properties, and many other issues to create east and west egress in addition to constructing a freeway. Councilmember Yelich asked if Brooklyn Center would benefit by partnering with Brooklyn Park. Mr. Boganey answered in the affirmative and stated he will contact the Brooklyn Park City Manager. Councilmember Ryan stated this discussion outlines the tough spot the City is in with regard to what can and cannot be done to improve TH252 in lieu of lack of action by Mn/DOT. He stated that when Mr. Blomstrom was the City Engineer, they met with Brooklyn Park staff to discuss ad to traffic light timing to improve traffic flow. At that time, it came out clearly that this adjustment was "working on the margins" in view of the high traffic volumes. Mayor Willson stated he would like a project estimate, in total, so a decision can be made on the final cost instead of just phases. Mr. Boganey stated staff can prepare a ballpark estimate. Mayor Willson stated that will help with the next discussion to determine sources of funding. Councilmember Yelich agreed that it is hard to debate without a plan or proposal in hand so that needs to be created. He indicated he was hesitant to make assumptions on costs and limitations when all of the options have not yet been fully explored. He felt there may be an affordable option that has not yet been considered. Mayor Willson stated that while he does not disagree, he would need to consider what the costs are before moving forward. The consensus of the City Council was to direct staff to prepare a preliminary project cost estimate.