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HomeMy WebLinkAbout1991 01-14 CCP Regular Session CITY COUNCIL AGENDA' CITY OF BROOKLYN CENTER JANUARY 14, 1991 7 p.m. 1. Call to order 2. Roll Call 3. Flag Ceremony /Invocation - Webelos Pack #540 from Fair Oaks 4. Open Forum 5. Council Reports - Commission Liaisons 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 7. Mayoral Appointments: a. Human Rights and Resources Commission b. Park & Recreation Commission c. Housing Commission d. Planning Commission 8. Council Vacancy Appointment a. Making an Appointment to Fill the Vacancy on the Council Created by the Election of Councilmember Paulson to the Mayor's Seat 9. Ordinance: (8 p.m.) An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land -This item was first read on December 18, 1990, published in the City's official newspaper on December 26, 1990, and is offered this evening for a second reading. This pertains to property located at 7100 Brooklyn Boulevard. 10. Discussion Items: a. Status Report Regarding 69th Avenue Street Reconstruction Project No. 1990 -10 -City staff will present a report regarding the status of right -of -way acquisition, plan development, neighborhood meetings, plan and permit approvals by various agencies, consultant contracts, cost estimates, and project schedule. b. Discussion of T.H. 100 /France Avenue Intersection Design CITY COUNCIL AGENDA -2- January 14, 1991 C. Procedures Regarding Petitions for Public Improvements -City staff recommends adoption of a procedure using individual petitions rather than petitions circulated by proponents or opponents of a project. 1. Establishing Procedure for Petitioning for Public Improvements d. Report on 1990 Activities of the Administrative Traffic Committee e. Assignment of Claims - Centerbrook Golf Course Land Title Disposition - Motion authorizing the Mayor and City Manager to execute an assignment of claims 11. Resolutions: *a. Expressing Recognition of and Appreciation for the Dedicated Public Service of Darlene K. Weeks *b. Expressing Recognition of and Appreciation for the Dedicated Public Service of John Casey *c. Expressing Recognition of and Appreciation for the Dedicated Public Service of Louis Sullivan d. Approving Plans and Specifications and Directing Advertisement for Bids - Landscaping on West River Road between 66th and 73rd Avenues North, Improvement Project No. 1990 -25, Contract 1991 -A *e. Approving Purchase Agreement for 69th Avenue Right -of- Way, Improvement Project No. 1990 -10 f. Approving Joint Powers Agreement for the Formation of the Twin Lakes Joint Powers Organization *g. Relating to Animal Control: Amending Resolution No. 90 -190 Authorizing Membership of the City in Pets under Police Security (PUPS) *h. Approving Specifications and Authorizing Advertisement for Bids for Delivery of Four (4) Police Patrol Sedans - Approved in 1991 budget *i. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) D.A.R.E. Van - Approved in 1991 budget j. Awarding Contract for the Annual Audit k. Approving Purchase of a Microcomputer CITY COUNCIL AGENDA -3- January 14, 1991 1. Accepting the Recommendations of the Brooklyn Center Housing Commission Contained in Housing Commission Resolution No. 91 -1 *12. Licenses 13. Adjournment SUGGESTED AGENDA FORMAT Call to Order Roll Call Invocation Open Forum Council Report Approval of Agenda and Consent Agenda Approval of Minutes Mayoral Appointments Presentations Proclamations Public Hearings Planning Commission Items Ordinances Discussion Items Resolutions Performance Bond Reductions /Releases Licenses Adjournment CITY OF BROOKLYN CENTER council tweeting Date I /� Agenda Item Number _ REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: MAYORAL APPOINTMENTS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: paij Administrative Aide Signature - title * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * ** * * ** * ** * * * * * * * * * * * * * * * * ** IN OR MANAGER'S REVIEW /RECOMMENDATION: P No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Several terms of appointment for advisory commissioners are due for consideration of reappointment by the mayor and city council. Each of the commissioners has been notified, and they have expressed their intentions on whether or not they wish to be reappointed. Below is a summary of these positions. HUMAN RIGHTS AND RESOURCES COMMISSION Kevin Smith resigned Louis Sullivan resigned There are three vacancies on this commission. A city council liaison will also need to be appointed. PARK AND RECREATION COMMISSION Bud Sorenson wants to be reappointed to serve through 12 -31 -93 John Russell wants to be reappointed to serve through 12 -31 -93 There are no vacancies on this commission. HOUSING COMMISSION Nicholas Eoloff wants to be reappointed to serve through 12 -31 -93 Pamela Frantum wants to be reappointed to serve through 12 -31 -93 John Kalligher wants to be reappointed to serve through 12 -31 -93 A city council liaison will also need to be appointed. PLANNING COMMISSION Kristen Mann wants to be reappointed to serve through 12 -31 -92 Lowell Ainas wants to be reappointed to serve through 12 -31 -92 Wallace Bernards wants to be reappointed to serve through 12 -31 -92 NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION John Casey resigned There is one vacancy on this commission. g COUNCILMEMBER SELECTION PROCESS STAGE I - NOMINATION Purpose: Reduce number of applicants from nine to three. - Preliminary unofficial written ballot in which each member of the current council chooses three of the nine applicants. - Top three vote recipients pass on to stage II. - In case of a tie for the third position a second unofficial ballot will be conducted among the tied applicants. If another tie occurs four applicants pass on to State II. STAGE II - PRIMARY Purpose: Reduce number of applicants to two (four or more if tie in stage I). - Preliminary unofficial written ballot in which each member of the current council chooses two of the three (four or more if tie in Stage I). - Top two vote recipients pass on to Stage III. - In case of a tie for the second position a second unofficial ballot will be conducted. If another tie occurs the remaining applicants pass on to Stage III. STAGE III - ELECTION Purpose: Reduce the number of applicants to one. 1- Preliminary unofficial written ballot in which each member of the current council chooses one of the remaining applicants. 2- If there is unanimous consensus, proceed to adopting resolution (Stage IV). 3- If there is a majority (3 -1) another ballot is taken to allow the dissenting vote the opportunity to change or abstain. - Proceed to adopt appointment resolution (Stage IV). - If there is a 2 -2 tie then subsequent ballots will be taken to obtain a majority or unanimous vote. A maximum of ballots will be taken followed by a recess. After the recess additional ballots would be taken. If the council does not achieve majority vote for one applicant prior to February 1, 1991, the City Clerk must commence planning for a special election in accordance with City Charter provisions. STAGE IV - APPOINTMENT RESOLUTION Adopt appointment resolution. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING AN APPOINTMENT TO FILL THE VACANCY ON THE COUNCIL CREATED BY THE ELECTION OF COUNCILMEMBER PAULSON TO THE MAYOR'S SEAT WHEREAS, Todd Paulson has been a member of the City Council of the City of Brooklyn Center since January 2, 1989; and WHEREAS, Councilmember Paulson was elected at the regular election in 1988 to serve a four -year term until his replacement was elected and qualified in accordance with City Charter; and WHEREAS, Councilmember Paulson was elected at the regular election in 1990 to serve a four -year term as Mayor; and WHEREAS, the City Council has duly received the resignation of Councilmember Paulson effective January 2, 1991; and WHEREAS, a vacancy on the Council exists by reason of said resignation and has existed since January 2 1991; and WHEREAS, there will not be an intervening general election between the date of this resolution and the end of the unexpired term of Councilmember Paulson; and WHEREAS, under these circumstances, Section 2.05 of the City Charter authorizes the City Council to fill the vacancy on the Council, within 30 days of the occurrence of the vacancy, for the remainder of the unexpired term of the resigning council member by a majority vote of all of its remaining members; and WHEREAS, the City Council has considered various candidates for appointment to the City Council to fill such vacancy and has determined that the appointee named below is well qualified to serve as council member of the City and that such appointment is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. is hereby appointed as council member on the City Council of the City of Brooklyn Center to fill the vacancy on the Council created by the resignation of Todd Paulson, said appointee to serve in said position for the remainder of the unexpired term of former Councilmember Paulson. RESOLUTION NO. 2. This appointment is effective immediately, provided that the appointee may not enter upon the appointee's official duties or transact any of the business or exercise any of the privileges of said office until the appointee has taken the oath of office required by Minnesota Constitution Article V, Section 6 and Minnesota Statutes Section 358.05. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. WHEREAS (name) has an established record of service to the City of Brooklyn Center, and WHEREAS (name) has demonstrated to the City Council the skills necessary to do a fine job as a member of the City Council, and WHEREAS applying for appointment to the City Council, in itself, demonstrates both a commitment to the city and personal strength of character, and WHEREAS the fact that (name) was not appointed at this time should be" viewed as a result of the very high quality of a large number of applicants, but in no way due to any problems of the Council with (name) , THEREFORE BE IT RESOLVED that the City Council of the City of Brooklyn Center commends (name) for (his /her) civic spirit, wishes (name) well in all future governmental endeavors, and extends to (name) its gratitude for all that (he /she) has already done to make Brooklyn Center a desirable place in which to live. ( ) Steven K. Bowe ( ) Ulyssess Boyd ( ) Benjamin Noah Bridges ( ) Nancy Carlson L -- �-- L,,,. ( ) Kathleen Carmody ( ) Philip Cohen �- ( ) Donn Escher �- ( ) Jon Perkins t_ ( ) Beverly Wolfe Y • i 1 ( ) Steven K. Bowe ( ) Ulyssess Boyd ( ) Benjamin Noah Bridges Nancy Carlson ( ) Kathleen Carmody Philip Cohen ( ) Donn Escher ( ) Jon Perkins (X ) Beverly Wolfe --- • s • ( ) Steven K. Bowe ( ) Ulyssess Boyd ( } Benjamin Noah Bridges ( ) Nancy Carlson . ( ) Kathleen Carmody Philip Cohen ( ) Donn Escher O Jon Perkins ( ) Beverly Wolfe ._a Y. r ( ) Steven K. Bowe ( ) Ulyssess Boyd ( ) Benjamin Noah Bridges Nancy Carlson ( ) Kathleen Carmody ( ) Philip Cohen ( ) Donn Escher ( ) Jon Perkins ( ) Beverly Wolfe i i ( ) Steven K. Bowe ( ) Ulyssess Boyd ( ) Benjamin Noah Bridges ( ) Nancy Carlson . ( ) Kathleen Carmody ( , ) Philip Cohen ( / Donn Escher 1 Jon Perkins ( ) Beverly Wolfe • )_ Steven AK She Xat'hlee a 1 1 0dy Cohen Donn - .S ( ) Jon Perkins L (�, ) Beverly Wolfe • • ( ) WNW ( �) Jon Perkins ( ) Beverly Wolfe • Ow ( ) Jon Perkins (� ) Beverly Wolfe c ) c ) ( Jon Perkins ( ) Beverly Wolfe i c ) c ) ( ) Jon Perkins ( ) Beverly Wolfe n VO ( ) Nancy Carlson Philip Cohen ( 4 ) Jon Perkins ( { ) Beverly Wolfe t_., � c > c ) ( ) Nancy Carlson ( ) Philip Cohen ( ) Jon Perkins Beverly Wolfe • ( ) Nancy Carlson t ) Philip Cohen ( Jon Perkins ( ) Beverly Wolfe • ( ) Nancy Carlson Philip Cohen ( ) Jon Perkins ( ) Beverly Wolfe ( ) Nancy Carlson 1— 4009 ( /) Philip Cohen 1 O Jon Perkins ( ) Beverly Wolfe i i ( ) Noah Bridge ( ) 144n Carmody:: v ( ) Philip Cohen ( ) Jon Perkins �- • • ( ). ; -Boca,.. �A ( ) min .Noah Bridges ( ) W Carlson x ( ) _- iean Carmody Philip Cohen ( ) # Becher ( ) Jon Perkins ( ) 1 ess;l Boyd A _ ( ) jamin Noah Bridges,, ( ) N&M Carlson ( ) 1$15,hleen Carmody ( ) Philip Cohen ,) Jon Perkins ( ) arly, Wolfe • F i F am "Noah Bridges Philip Cohen ( ) Jon Perkins r ( ') Philip Cohen ( ) Jon Perkins • ( ) '' nw:�. ` Bowe" Boyd''' ( ) enjamin Noah Bridges ( ) f cy Carlson .: ( ) Philip Cohen L _,,. r Z ( ) I _ n . Escher ; ( ) Jon Perkins { ) tpvtrly Wolfe • 4 U&AI Bridge' ' ( ) Philip Cohen ( ) M" ( ) Jon Perkins • ( ) n yNoah Brid s ( ) -,y darlson _ ( ) Teen ,- Carmody., Philip Cohen ( ) Jon Perkins • ( ) .. � l3o�ie ( } #W9rj Bridge ( ) WWftc Carlson t ( ) MIffthI66 n Carmody. Philip Cohen cher` ( ) Jon Perkins • ( ) . _..en K. Bowe f ( ) _ Boyd , ( )'amin Noah Bridge ( ) ancy" Carlsont ( ) hleen Carmody ( ; ) Philip Cohen ( ) rin ' Escher: ( ) Jon Perkins ( ) everly Wolfe -,jt M � i �. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of January , 1991 at 8 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The following properties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: -- Lot 1, Block 1 Boulevard Plaza Condominium Addition Section 35 -1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R5). The following properties are hereby established as being within the (R5) Multiple Family Residence District zoning classification: All of Lot 7, Auditor's Subdivision No. 57, except highway and that part of Section 27 described as follows: Commencing at a point in the west line of the northwest 1/4 of the southwest 1/4 of the south 1/2 of Section 27 a distance of 5 rods north from the southwest corner thereof; thence east 561 feet; thence SO 49' E a distance of 82.5 feet to the north line of Lot 4, Auditor's Subdivision No. 57; thence west to a point in the north line of said Lot 4 distance 396 feet east from the east line of Lot 7, Auditor's Subdivision No. 57; thence south 82.5 feet; thence west to the northeasterly line of State Highway No. 152; thence northwesterly along said northeasterly line to the south line of Lot 7; thence north to the northeast corner thereof; thence west to the west line of the northwest 1/4 of the southwest 1/4 of said Section 27; thence north to the point of beginning; except highway. ORDINANCE NO. That part of the south 80 feet of the north 125 feet of Lot 5, Auditor's Subdivision No. 57 lying west of the following described line: Commencing at a point on the south line of said Lot 5 distant 55 feet east of the southwest corner thereof; thence NO 33 feet; thence N12 48 feet to the north line of said south 80 feet, and there terminating; except highway. That part of the north 75 feet of the south 131 feet of Lot 5, Auditor's Subdivision No. 57, lying west of a line running north at right angles from a point in the south line of said Lot 5 distant 185 feet east from the southwest corner thereof, to the north line of said north 75 feet of the south 131 feet; except highway. That part of the south 134.5 feet of the north 259.5 feet of Lot 5, Auditor's Subdivision No. 57 lying west of a line bearing NO 33 11 W from a point in the south line of Lot 5 distant 55 feet east from the southwest corner thereof; except highway. That part of the south 56 feet of Lot 5, Auditor's Subdivision No. 57 lying west of the east 768.3 feet thereof; except highway. That part of Lot 17, Auditor's Subdivision No. 57, described as follows: Beginning at the southwest corner of Lot 11, Auditor's Subdivision No. 57; thence west 62.64 feet; thence south 268 feet to the point of beginning. The south 269 feet of Lot 11, Auditor's Subdivision No. 57; except highway. Lot 10, Auditor's Subdivision No. 57; except highway.] Lot 1, Block 1_ Elnicky's Addition That part of the SW 1/4 of the SW 1/4 of Section 27 T119, R21 described as follows: Beginning at the southwesterly corner of Lot 1 Block 1 Realty Terrace on file and of record with the County Recorder Hennepin County, Minnesota, thence East assumed bearing along the south line of said Lot 1, to the southeast corner thereof, thence North for 243 feet thence northwesterly along tangential curve concave to the west having a radius of 175.73 feet and a central angle of 24 degrees 29 minutes, 14 seconds, for 75.11 feet thence N 89 degrees, 25 minutes, 18 seconds W for 410.19 feet to the easterly right -of -way of Hennepin County Road No 152 ORDINANCE NO. La.k.a. Brooklyn Boulevard) thence southeasterly along said right -of -way to point of beginning Section 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) Service /Office District zoning classification. Lots 1 and 2, Block 1 7100 Corporate Plaza 2nd Addition Section 2. This ordinance shall become effective after adoption and upon (30) days following its legal publication. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter) . CITY OF BROOKLYN CENTER Council Meeting Date 1/14/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STATUS REPORT REGARDING 69TH AVENUE STREET RECONSTRUCTION PROJECT NO. 1990 -10 (DISCUSSION ITEM) ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIRE R OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) On March 26, 1990 the City Council conducted a public hearing regarding proposed reconstruction of 69th Avenue North. Following that hearing the Council ordered the improvement of 69th Avenue between Noble Avenue and Shingle Creek Parkway. Subsequently, the Council has adopted numerous resolutions relating to the implementation of this project. Attached hereto, in outline format, is a status report regarding this project. In summary: • Property acquisition is on schedule and within budget. • Regarding the Brooklyn Boulevard /69th Avenue intersection, City staff has negotiated a 2 -step implementation plan with Hennepin County staff. • One neighborhood informational meeting has been conducted. Additional meetings will be held over the next several months. • Alternative plan layouts have been developed for the various segments of the project. These are being presented for review and discussion at the neighborhood meetings. • Numerous permits need to be acquired from state and federal agencies for work in the Palmer Lake area. Meetings have been held with these agencies to clarify these issues, so as to allow the City to properly prepare the applications for these permits. • The consultant has reviewed the status of their "Stage 1 - Plan Development" contract and now expects to complete this work within the maximum fee specified in the contract. • Project cost estimates, as presented at the May 21, 1990 Council meeting, appear to be "on- target ". A more detailed cost estimate will be prepared upon completion of "Stage 1 - Plan Development ". • It appears the proposed project schedule can be met, i.e.: - acquisition of properties in 1991 - award soil correction contract for segment through Palmer Lake area in 1991 - general construction in 1992 - landscape plantings in 1993 City staff and SEH staff will be prepared to discuss this report in more detail at the 1/14/91 Council meeting. Council Action Required No formal action is required at this time. L CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOK LY N TELEPHONE: 569 -3300 C ENTER F ax: 561 -0717 EMERGENCY - POLICE - FIRE 911 TO: G.G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 9, 1991 RE: Status Report Regarding 69th Avenue Street Reconstruction Project 1990 -10 On March 26, 1990 the City Council conducted a public hearing regarding proposed reconstruction of 69th Avenue North. Following that hearing, the Council adopted a resolution ordering the improvement of 69th Avenue between Noble Avenue and Shingle Creek Parkway. Subsequently, the Council has adopted numerous resolutions relating to the implementation of this project. This status report is submitted in outline format. City staff and SEH, Inc. will be prepared to discuss this project in more detail at the 1/14/91 Council meeting. Property Acquisition Status • Of 23 single - family homes to be acquired: - Ten have been purchased (6 of these have been re -sold and have been moved out). - Appraisals have been completed, and offers made to all the other 13 property owners. - At this time, it appears that the total costs for acquisition and relocation benefits for all 23 homes will be between $2,100,000 and $2,200,000. This compares very closely to the City Assessor's original estimate of these costs. - Two appraisals are being conducted for the commercial properties which must be acquired at the northwest corner of the Brooklyn Blvd. /69th Avenue intersection. These appraisals should be completed within 4 to 6 weeks, at which time we can then make an offer to purchase these properties. • isasau��cacm Brooklyn Boulevard /69th Avenue Intersection Design • City's original plan for 69th Avenue, west of Brooklyn Blvd. proposed 3 eastbound lanes (left turn, through, and through /right -turn) and a single westbound lane. • Hennepin County Department of Transportation ( HCDOT) recommended two westbound lanes (instead of one). This would require much more extensive right -of -way acquisition. • HCDOT also recommended widening Brooklyn Blvd. - at least through the intersection area. This would also require extensive right -of -way acquisition along Brooklyn Blvd. • HCDOT is still in preliminary stages of developing plans for upgrading Brooklyn Blvd. from 63rd to the north City limits. • Accordingly: City staff has proposed, and HCDOT staff has (verbally) accepted, a 2 -step proposal, i.e.: Step 1: In conjunction with the City's project, no reconstruction will be done west of Brooklyn Blvd. Under this step, no acquisition will be required but traffic signals and pavement markings will need to be modified. Step 2: Property acquisition and reconstruction west of Brooklyn Blvd. will be coordinated with a future HCDOT project for improvement of 69th Avenue. Note Because of the uncertainty of HCDOT's plans for improvement of Brooklyn Blvd., City staff also recommends that no concrete median be constructed on 69th Avenue between Brooklyn Blvd. and June Avenue at this time (see attached concept plans). Neighborhood Meetings • One meeting has been held with the property owners who will abut 69th Avenue between France Avenue and Palmer Lake Park (a copy of meeting notes is attached). • A meeting will be held soon with the property owners who will abut 69th between Brooklyn Blvd. and France Avenue (this meeting was delayed pending agreement with HCDOT regarding the Brooklyn Blvd. intersection). • A third meeting will be held with property owners between West Palmer Lake Drive and Shingle Creek Parkway - after we receive additional information from state and federal regulatory agencies. • Then, a general neighborhood informational meeting will be held. Plan Development Attached are copies of current concept plans which have been developed by SEH, Inc. for the various segments of this project, showing alternate plans for improvement of various segments: Segment No. of Alternates Brooklyn Blvd. intersection area 1 Indiana Avenue to France Avenue 2 basic alternates with 2 subalternates France Avenue to West Palmer Lake Drive 3 basic alternates with subalternates West Palmer Lake Drive to Shingle Creek Parkway 1 Permit Approvals by Various Agencies See attached memo from SEH, Inc. re: • Archaeological Study • Floodplain Encroachment /Mitigation • Wetlands Encroachment /Mitigation • Storm Water Treatment Consultant Contract (See attached memo from SEH, Inc.) Note SEH advised that they now expect to complete the "Stage 1 - Project Development" phase of their contract within the maximum $195,000 fee, unless a great deal of extra work is required to obtain needed permits from state and federal agencies. Under their contract with the City, SEH is required to provide another report at the 75% completion level. At that time, we should have a good "handle" on the amount of work required to complete the permit process. Project Cost Estimates Based on current information regarding property acquisition, engineering costs and construction (see SEH's report) it appears that the total cost estimate of $5,924,000 as reported to the Council on May 21, 1990 is still a realistic estimate. A more detailed estimate will be prepared and reported to the Council after it becomes more obvious what requirements will be imposed by state and federal agencies, and the plan development phase nears completion. Project Schedule During 1991, we expect to complete all property acquisition and removal of structures, and award a contract for "soil correction" work in the Palmer Lake area. During 1992, construction with completion by late fall. In early 1993, landscape plantings under a separate contract. h m b m co r 0 b >` $t1NSET MANS �2 • b LANE S BROOKLYN CENTER ADD. z " R ;N ` ` 2 r Cam` ¢ Ld 10 a Ld W 7 �, �\� > • `�`� Q s _Ji a 4 b f >_ - - -- - - - - -- - -- a . l„ "...: r r t GROUP HEALTH PLAN SECOND ADDITION i _ NORT MOBIL HTOWN y CHWSLER REALTY i I BROOKLYN CENTER 89TH AVENUE 9WT7 1 � r• M #EWTA CONCEPT PLAN orn w n wa w.w.ais na ocsw aca® oee. t s w..Las� mx,wcxs tha�� it LANE -S BROOKLYN CENTER*DD, BOBENDRI 'S 3RD ADD. � HAHN FIR IT ADD. 2!1 PALMER LAKE TER ACE 4TH ADD. � fe 16 < 1 -- $ ?' ' cs `� = ao / WEST VIEW CHR REALTY x Av0 J LANE'S BR OOKLYN CF7J7pRiADD BOBENDRIE�2S 3RD ADD.' HAHN Fl T ADD. PALMER LAKE TER "ADD w ^ , t i t m I E � JO I WEST VIEW vi CHR LER REALTY x P J I s IMF >sv ) fwtNMw /.q.a yrry •.• ,. "" ' M a.� ° ' ° ° BR ° OOKLYN C 69TH AVEJRJE 90277 byr.�1 n.lw+wa dM... uw r M ~ ® s RATA CONCEPT A wa 2 11 �n �r a awo16 nai Wm own wse 4 N. -tE6i2 ur�s:.uw2ers n. Rs ��4� :. m e 4 m ,. N r> Wad LAN BROOKLYN T�IDD. BOBENDRI 'S 3RD ADD. 1 HAHN FIR T ADD. PALMER LAKE TER ACE 4TH ADD. �' }':: k ES a• a _ ,> : a y n _ z , a i i - ..r — - _ 4 l v » i ..... z is , r . 7t i 413 .. ti Ib v� WEST VIEW CHR REALTY z ! J 3 If , uNE'$ B z R �LYN CENTER . Ik ,7 DD 808ENDRIER'S 3RD ADD. � � HAHN FlR ADD. � PALMER LAKE TER ACE 4TH ADD. ,. 120 71 C n t Vic .. m } e l 4' III Y c. M1 +J ' Z I co Z5 1 i JO I I WEST MEW CHR vi R REALTY z P J I I 3 I d ." •" ... ® BROOKLYN CENTER 69TH AVENUE �sn 2 1 • "• " SOTA CONCEPT '8' va y pG sr MZ eE+�Oe tiO1 Gael I ov� I 1/14/91 s � 40 a go 100 1 PALMER LAKE TERRACE PALMER N LAKE TERRACE 3RD ADD, 2'_ 14 Yl lE 4 qn RON 1 �� �� i +rirsr t < � � �yaae i 3 tu�z CEMETERY 4 WEST MEW ANDAHL pUU 3 PALMER LAKE TERRACE PALMER LAKE TERRACE � ZED ADD. 3? 15 4 is j 4r1 a. .................................................... . 77-7-1� MO" CEME7ERY WEST MEW ANDAHL Al. BROOKLYN CENTER 69TH AVENUE 9027' F MNW30TA CONCEPT mw imnat PALMER LAKE TERRACE N PALMER LAKE TERRACE ;X 5RD ADD ln .. - ,�,.. ., d ,'4 L yo . , , > 3E 15 oe- -_ A I- x MOUND 12 CEMETERY 4 k IV WEST VI ANDAHL ADD. WID- PALMER LAKE TERRACE PALMER LAKE TERRACE r 4 �4 �77 . . ....... MOUND CZWElV?Y ti 4 3t - -- ------- WEST VIEW ANDAHIL ADD. 3 'Asp CENTER 'IV BRC 69TH AIVENUE hFWF*4E-Q-0TA CONCEPT 'S' PALMER LAKE TERRACE PALMER LAKE R 3RD AD D ACE 4 # e, 77 4s t .................. ....... RON r7i moves CEMETERY 77 I i 2 1, 1 WEST V. SANDAHL PI\JD- 3 i4' PALMER LAKE TERRACE PALMER LAKE TERRACE 3RD ADD. 4 00 is -7--4 .......... -7 � wouNo 2 4 VIE WEST MEW ��DAHL A�. �� V � E BROOKLYN CB4TEH 69TH AVENUE wen 3 MT*ESOTA CONCEPT 'C' mm l v 1wrl ow� /6/Q l i I r � I jw I • • • 69th Avenue Neighborhood Meeting Segment 3 - France Avenue to West Palmer Lake Drive September 6, 1990 Attendance: Thirteen property owners Staff: Glen Van Wormer, Gina Pizzo (SEH), Gerry Splinter, Sy Knapp, Mark Maloney, Diane Spector, Joyce Gulseth Note: These are not verbatim minutes Splinter provided introductory remarks General discussion by Knapp, including: • Schedule of events • Update on house purchasing /moving • Maintenance and security plans • Update on archaeologists Glen Van Wormer described the three concepts: a minimal median, a 30 foot median, and a very wide median. He discussed median openings, and noted that closing Ewing to left turns would provide more opportunities for a parkway -like road. Van Wormer described the south side sidewalk, which would be eight feet from the curb, and two options for the trail on the north side. One option shows the straight - alignment trail six feet from the curb; another would meander the trail. Van Wormer noted that the three options would have varying landscaping options, with the option with the narrowest median providing no landscaping opportunity on the median. Knapp showed slides of the segment three area, with emphasis on the mature trees which it may be possible to retain. Q: Regarding the trees in the median, if they are disturbed inside the drip line, they won't live. GGS: We are aware of this, and do know that some of those trees won't survive. Some species are hardier than others. Q: It would be better if you kept the trail by the street, to reduce the chance of pedestrians cutting through our yards [on Urban]. 40 GGS: This is something we'll have to address. We're not sure yet whet the answer is. i Q: Will you put in berms? GGS: We can put those in, and we will consider them. But keep in mind the more we berm, the more we have to disturb the existing trees. Q: We live on the corner of Drew and 69th. We have enough traffic now - if you close off Ewing we will have even more and we don't want it. GVW: You would get perhaps 25 -30 percent of the traffic which is now on Ewing Avenue. There will still be right turns in and out, and residents wanting to turn left (westbound) onto 69th will go down to France. Q: Without berms, what could be done about the additional noise? GGS: SEH has looked at the additional noise, and has concluded that nothing additional needs to be done to meet the noise standards. Q: Did you put in a decibal meter? GGS: We've done that elsewhere, down on 252. We can do this here. Q: If you walk the paths around Palmer Lake, there is a lot of garbage. I want the trail next to the street so I don't get garbage in my back yard. Several people noted: put the trail next to the street, and put berms between the trail and the houses. Q: Will there be signals at France? Stop signs? GGS: We will be putting in the conduit for signals so that if in the future they are needed, we won't have to tear up the road. There will be a Stop sign on France, but we probably won't put in a four way at first. [Explained the "gaps" that would be occur.] Q: Who will maintain the area between the road and our back yards? GGS: The City will, just like in the parks. General Notes: • Primary concensus expressed by the people living on Urban Avenue: "No intrusion of our privacy "... by the people who use the proposed trail. Desire to have privacy maintained by a combination of distance from trail, fences, mounds and /or landscaping. • Following the general meeting, several property owners expressed possible interest in acquiring some surplus right -of -way which may be available following completion of the project. • Another possible accomodation, for homeowners on south side of 69th with driveways to 69th Avenue: construction of "backarounds" on these driveways. ANEW Awriffou INEERS ■ ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, S( PAUL, MINNESOTA 55110 612 490-2000 January 8, 1991 RE: BROOKLYN CENTER, MINNESOTA 69TH AVENUE PRELIMINARY DESIGN 50% REVIEW CITY IMPROVEMENT NO. 1990 -10 SEH FILE NO: 90277 Mr. Sy Knapp, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Knapp: Enclosed is the 69th Avenue project status update in outline format. To date we have completed approximately 50% of the tasks outlined in the project scope for the Stage 1 preliminary design for street and utility improvements for 69th Avenue from Noble Avenue to Shingle Creek Parkway. The enclosed outline addresses the roadway alternates, the various components of the Palmer Lake basin area including the Historical Society, the surcharge plan, and wetland mitigation. Finally, both engineering services costs and construction costs are discussed. Also included are illustrations of the roadway alternates, and mitigation sites. Also attached for your review is the detailed project task scope and the estimated project schedule as defined in the contract. If there is any other information or concerns you need addressed, please contact me. Sincerely, 0 a 00 M. Mason, P. E. SMM /cih Enclosure cc: Gina Pizzo Dick Moore Glen Van Wormer SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC MINNESOTA WISCONSIN 69th AVENUE STAGE I PRELIMINARY DESIGN PROJECT STATUS REPORT I. ROADWAY ALTERNATE A. Noble to Indiana 1. Hennepin County agreed to Alternate 4. a. No construction west of Brooklyn Boulevard. b. Painted medians to approximately Indiana. C. Some signal work. 2. Will not impact gas stations, Pilgrim Cleaners or Post Office. B. Indiana to France . 1. Concept A a. Minimum cross section (Median width 16'). b. Trail location options. C. Option to close Indiana and Grimes. 2. Concept B a. Maximum medium width. (Median width 25 b. No trail options - parallel to street. C. Option to close Indiana & Grimes. C. France to Palmer Lake Drive 1. Concept A a. Minimum cross - section (median 16'). b. Trail location options. C. Option to close Ewing Avenue North. 2. Concept B a. Medium cross section (median 30'). b. Trail location options. C. Option to close Ewing. 3. Concept C a. Maximum cross section (median 60'). b. Trail location options. C. Option to close Ewing. D. Palmer Lake Drive to Shingle Creek Parkway 1. No alternates. 2. Concrete curb and gutter on frontage road. 3. Locate new watermain and storm sewer in frontage road. 4. No public meetings have been held. II, PALMER LAKE BASIN A. Minnesota Historical Society - Native American Artifacts 1. Site will require additional excavation to recover artifacts at City cost. 2. Project can move ahead. 3. Waiting for letter from them before contracting with archeological consultant. B. Surcharge Plan 1. Peat was found up to 50' deep for approximately 300' - 400' along alignment. 2. Construct surcharge fill over peat in order to preconsolidate the organic soils and to limit the amount of post construction settlement. 3. Maintain fill a height of 5' above final grade. (Proposed grade 2' above 100 year flood) 4. Staged fill placement to take place Spring, 1991 to July, 1991. 5. Monitor with re pressure cells and settlement P plates to test expected results, predict long term settlements and monitor against failures. 6. Leave fill in place for one year. C. Wetland Encroachment and Mitigation 1. Floodplain a. Total flood storage loss 4.08 ac -ft. b. Loss is calculated volume between outlet elevation 840.5 and 100 year flood 846.0 C. Mitigate at South Palmer Lake Park. Must be within the basin. Retain observation deck. Provide some open water. Will satisfy floodplain mitigation. • 2. Wetlands a. Total wetland encroachment is 2.02 acres. b. Mitigate at two sites for 1:1. South Palmer Lake site will provide 1.05 acre wetland mitigation. West side of Shingle Creek will provide 0.97 acres mitigation. C. May need to provide 1 -1/2 :1 instead of 1:1 - could use some of the property east of Shingle Creek. 3. Permits Required a. Corps of Engineers - U.S. Fish & Wildlife, and EPA also review. B. Minnesota DNR C. Watershed D. Storm Water Treatment 1. Treat in pond proposed in existing wetland. a. DNR does not favor this alternate. 2. Treat in area between new roadway and frontage road. a. Removes natural buffer. b. Create a "big hole ". 3. Do not treat a. Not able to provide storm water pretreatment upland. b. Treatment is not required but preferred. III. ENGINEERING COSTS AND WORK COMPLETED A. Estimate for Stage I - Project Development - $195,000. Spent to 12/22/90 = $111,795.80 = 57% of total estimate. B. Proposed task hours complete /total budget hours = 54 %. Proposed actual labor hours complete /total budget hours = 49%. See enclosed project task scope for detail. IV. CONSTRUCTION COSTS A. Previous cost estimate for roadway = $1,936,000. B. Review of estimated costs - (Preliminary design cost estimate has not been prepared). Roadway Construction $ 1,005,000 Surcharge Construction 500,000 Mitigation 400,000 Signal 45,000 $1,950,000 C. These costs do not include sanitary sewer, watermain and landscaping costs. V. ESTIMATED PROJECT SCHEDULE A. We are on schedule prepared for contract - Permits must be sent as soon as possible. They will control. B. See attached original schedule in contract for detail. EXHIBIT C ESTIMATED PROJECT SCHEDULE The Council accepts agreement for Engineering Services July 9, 1990 SEH commences work July 10, 1990 Neighborhood informational meeting Aug. thru Dec., 1990 Completion of Stage I March, 1991 Complete Plans & Specifications for Palmer Lake Basin Soil Correction March, 1991 Negotiate Contract with SEH for Stage II Final Design March /April, 1991 SEH begins final plans and specs. April /May, 1991 Construction Begins on Palmer Lake Basin Soil Correction Project June, 1991 Right -of -way acquired July 31, 1991 Final plans and specifications Dec. 1, 1991 Construction begins March /April, 1992 I Construction complete Sept. 30, 1992 Exhibit C - 1 • N 1 • 69th AVENUE CITY OF •• � 11 1 1 / r • I lTyw �� � • � 2 � �`w �"`' � ;K� � }+�T*�•: ° �, + - e - tc?3i�w� ...:, ry !.'�;_ _. `'f�_ sS'�,r�:'���,. �"�,r+ "'c,�� '' � ^ `s, �h. e ti a+os 4 a. ...,pt"''°' 4 .�'- +u.. - fir -- • ,Ct_ .. ,4 ''' ��� z',, �,Y � -�. ,� �`"'� � � R .G'°".�� c� y � � +ti`y������ �,�Znr+`w`'"ry�"� ?�" _, 6�.... - °1 •' �, - —.+1►' r < `.` r mar I - } ,.,. =:x.� I II' �'�►`► t o -- � �� ��.. •err.. �` n ""'" a.3, k��..5�a• 4 ' - r � ��r"^ ,F.t�; .... .... �sR M ■� / /1/ I all i■ �.i i inn ■� //1 �'�'�I��� • •� j �� ■ �� Ell iAVM-URNmI lr'� �"" .��� �� /► ►iii ♦I� ° y ■. : 1 WIN �.!- Iil �l Il .... �■ �� ■■ ■I�rl/l■l�r► ��rt Ell -...�.. •.11� 4 W ♦♦ I -mail MIA ■�' � 111111 � �/ ■■ ��� Ii �r� . � �illlllll� 1 =111l�1�11r. • '- : � �: � ��i��� \_� � .� � • .� 111111 1 111111111 ■t I ME n I ;" ■•. ; / 1 //!! j �` �A '�/ i ,• Q 1111 / /�1 �1 � � � y '■� �� r��i���1 �� ..� / ■/ �1/�� ■ ■1 11111 ■ Cll�sj'� :� :: � .: ...- .•..,� � 111111 �i �■a ■■■.. 1111 f�■ \rrcll!1�1 ■, • •: -- - ,. ; .. `i �111I�j�iiili 1111 rltrrrlrrll�j'` man =� � �. - •�•••••••••..... .. • ■� 1 1111 ■�11.11',�lll,,J �• , .► s � � C.. •.� -� .. � �, ,R, [Y�.'1u' ' tl� /l/ 11i1 ■ ■ / /ir /1,�• " • � • /� � :::. "� • :�' ♦ �� �':. 1l11/1111111l11 1111 ■�lllr /► �� ■ /�� ......— . a�...� ..- -� \ • ■llllll�lllll 11111/�//�• • r 6 9TH AVENUE PROJECT 'MITIGATION AREA LOCATION MAP EXISTING EXTENT OF 100 YR. H W } } ! _RET. WAIL. 9GALE FEET 25 50 100 i �• � /yam . . . .. .r„ . . ! � � 5 j r f PROPOSED EXTENT OF - 100 YR. NW ' AV ■ FLOODPLAIN COMPENSATORY 69TH AV EN U E FIG. NO. 3 Aomw Amommw STORAGE REALIGNMENT PROJECT FILENO. WcovowRf. n••�• rOUTH PALMER LAKE PARK 90 277' 2! 1. WALL SCALE N FEET 0 25 50 100 3 kr lab FIG. N0. 4 �r VVETLAND MITIGATION AREA 69TH AVENUE Amw REALIGNMENT PROJECT FILE N0. , 6AWCP SOUTH PALMER LAKE PARK 90277 1 _�`� -� Y = ✓� - 45 , SCALE IN FEET 1'C 0 25 30 100 ED B44 ,l � SHINGLE Ln FILE NO ®���I 69TH AVENUE 9 027 WETLAND MITIGATION AREA SHINGLE CREEK REALIGNMENT PROJECT .,.,......„,«..,.,.,.,., FIGS CITY OF BROOKLYN CENTER Council Meeting Date 1/14/9 Agenda (tem Number e REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCEDURES REGARDING PETITIONS FOR PUBLIC IMPROVEMENTS DEPT. APPROVAL: - 4 SY KNAPP" DIREC OR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: , No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Historically, when property owners in Brooklyn Center wished to initiate the • construction of a public improvement (Examples: curb and gutter, street reconstruction, watermains, sanitary sewers, storm sewers, etc.), one or more of the proponents have requested that City staff prepare and issue to them a "petition" form which they could use to obtain the signatures of all property owners who favored the proposed improvement. In response to those requests, City staff has prepared the following information and submitted it to the requesting party, with a request that they share this information with all affected property owners: • a petition requesting approval of the proposed improvement • a petition requesting that the proposed improvement be denied • information regarding the cost of the improvement, and the City's special assessment policies regarding such improvements • information regarding procedures which the City uses to notify property owners regarding public hearings, etc. In most cases, we believe this procedure has worked fairly well, providing the City Council with a reasonably accurate "poll" of the opinions of property owners. However, there have been a number of cases in which the apparent results of this petition process conflicted with the opinions which property owners expressed at a later stage of the proceedings. In summary, the type of complaints expressed may be summarized as follows: 0 "We never saw all of the information . . . " • "the information we received (verbally) doesn't match what you are now telling us ." o "we signed because we didn't want to offend, or argue with, the person who asked us to sign. . ." • "we weren't told that there was a petition requesting the project be denied ." • "we signed in a hurry because it sounded good, but now we have changed our minds . . ." • "we thought the City was proposing this, and wanted it done . • "we were told that, if we didn't sign the petition . . .( x x) would happen To avoid (or at least reduce) these problems in the future, City staff recommends that a resolution be adopted which establishes anew procedure whereby, when preliminary requests for improvements are received, individual petitions, along with information regarding costs, policies and procedures would be sent to all owners whose properties might be affected by special assessments levied as a result of the proposed improvements, so that petitions then received would be based on more complete information which was received by all property owners, and owners have had adequate opportunity to evaluate the information, to call for additional information, and to "vote" for or against the improvement in the privacy of their homes. City staff will be prepared to discuss this matter in more detail at the 1/14/91 Council meeting. City Council Action Required A proposed resolution is provided for consideration by the City Council. TO: City Council Members FROM: Sy Knapp DATE: January 14, 1991 RE: Resolution Establishing Procedure for Petitioning for Public Improvements The attached copy contains a revision (highlighted in yellow) which was recommended by City Attorney LeFevere. Staff supports that revision, and recommends adoption of this revised resolution (with further revisions, if desired by the Council). Y ,r Member introduced the following resolution and . moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROCEDURE FOR PETITIONING FOR PUBLIC IMPROVEMENTS WHEREAS, the City Council wishes to establish a procedure for requesting public improvements which will assure that all property owners who will be affected by special assessments if the proposed improvement is constructed will receive reliable information regarding the proposal and will have an opportunity to support or oppose the proposal on a personal basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Preliminary requests for improvements may be initiated by a written request signed by the owners of five percent (5%) of the number of properties who would be specially assessed under current City policies if the proposed improvements were installed. 2. Upon receipt of such written request, the City Engineer shall, unless otherwise directed by the Council, prepare an evaluation of the proposed improvement and prepare a preliminary report . including, but not limited to, a description of the proposed improvement, a preliminary cost estimate, and information regarding the special assessments which would be levied under the current City policies. 3. The City Engineer shall then send the following information, by mail, to each property owner who would be affected by special assessments if the proposed improvement is constructed: a copy of the preliminary report, information describing the City's procedures and policies regarding processing requests for public improvements, and a petition which the property owner may sign on which the owner either petitions the City Council to approve the proposed improvement or requests the Council to deny the improvement. 4. These procedures and all subsequent procedures relating to public improvements shall comply to Minnesota Statutes, Chapter 429. 5. This resolution is effective immediately, including any request for public improvements to be considered in 1991. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 1/14/91 Agenda Item Number �Q REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: REPORT OF 1990 ACTIVITIES OF THE ADMINISTRATIVE TRAFFIC COMMITTEE ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, ECTOR OF PUBLIC WORKS MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The City's Administrative Traffic Committee meets monthly to discuss requests and complaints from the public and from City staff regarding traffic safety. This Committee is composed of the City Manager, Director of Public Works, and Chief of Police. The Committee's 1990 activity is summarized in the attached report. The Traffic Committee was established in 1981. There are three primary advantages to the makeup of the Committee and the process it follows: first, it reduces the burden of work on Council members; second, it results in faster decisions by eliminating steps; and third, it promotes coordination and communication among City staff. As the annual report indicates, the bulk of the requests or complaints made are requests for miscellaneous signs or requests for road or right -of -way improvements. Most of these requests or complaints, if they were to be considered by the Council, would simply be referred to staff for resolution or recommendation. The Traffic Committee eliminates this referral step by immediately acting upon the requests or complaints, making recommendations to the Council where necessary. This process reduces the number of cases which the Council need consider, and increases responsiveness. Lastly, the monthly meetings of the Committee promote cooperation and communication between the affected departments, and facilitate the sharing of information. Decisions are made on the basis of input from all parties. The meetings also serve as a forum for the discussion of related items and for the sharing of ideas. Recommendation A report is provided for rev' p p review and comment. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE MEMORANDUM 911 TO: Gerald G. Splinter, City Manager Sy Knapp, Director of Public Works Jim Lindsay, Chief of Police FROM: Diane Spector, Public Works Coordinator Administrative Traffic Committee Coordinator DATE: January 7, 1991 SUBJ: Report of 1990 Committee Activity The Administrative Traffic Committee met monthly in 1990 to consider traffic - related requests and complaints and other related business. The 50 • requests and complaints considered were received from Brooklyn Center residents, persons who work in the City, the Brooklyn Center Police Department, and other City staff. • Major items approved by the Committee this past year included: • Installation of four -way Stop signs at Earle Brown Drive and Summit Avenue; • Recommendation to the Council that the City's street lighting policy be amended to allow for installation of street lights in alleys (approved by the Council on 4/23/90); • Remarking the intersection of Humboldt and 57th Avenues to provide a right -turn lane from 57th Avenue onto southbound Humboldt Avenue; • Recommendation to the Council that it seek approval from MNDOT of a 25 mph speed limit on Unity Avenue (approved by the Council on 4/23/90 and by MNDOT on 6/14/90); • Request Hennepin County DOT to install an "extending detector" for southbound traffic on Brooklyn Boulevard at 49th Avenue. This detector would allow the southbound signal to remain green after the northbound signal has turned red, as long as traffic is waiting to turn left onto 49th Avenue. This would reduce the "stacking" problem in the inner lane which often occurs during rush hour; and • 1986ALLAMF.A47A�tiY � Page Two January 7, 1990 • Construction of a short path to connect the Shingle Creek pedestrian /bicycle path with the crosswalk installed at the newly signalized Shingle Creek Parkway entrance to Brookdale Square. This allows bicyclists and pedestrians to cross Shingle Creek Parkway at an intersection less busy than County Road 10. Summary of Requests Complaints and Their Resolution Table 1 summarizes the types of requests or complaints considered by the City, and their resolution. The attached map shows the locations of the requests or complaints. The Committee considered 50 "cases" in 1990, compared to 55 in 1989 and 47 in 1988. However, each "case" may have included more than one request or complaint, so that the total shown on Table 1 is greater than the number of "cases ". The largest category of requests in 1990 was requests for miscellaneous signs. Those which were approved include signs indicating: Dead End, speed limits, bicycle trail No U -Turn, - use. Requests for rn curve chevrons and lane Y , additional speed limit signs often come from police officers who note particular problem areas. A second item of note is the eleven requests for road or right -of -way improvements. These include requests for trimming of trees or brush obstructing drivers' line of sight or view of Stop signs; requests for crosswalks, lane designations, or other pavement markings; and requests for maintenance of boulevards, rights -of -way, or turnarounds. Other requests /complaints include complaints about better enforcement for speeding, installation of alley /street lights, boulevard parking, and a request for a pedestrian bridge over T.H. 252. Other Discussion Items The Committee discussed a number of related items over the y ear. Possible amendments to City Ordinances regarding removal of obstructions in the boulevard were brought to the Council for discussion; the Council did not wish to make those amendments. The Committee also approved the use of a shortened version of the MNDOT accident reporting form to record property damage accident data. This information will be used to supplement the state - reported traffic accident data when the accident history of particular locations is evaluated. The data is not reported to the state, is collected by the Police Department, and forwarded to the Engineering Department. A number of other policy items were discussed for possible recommendation to the Council. Finally, the monthly meetings have served as a forum for sharing related information. Re pectfully submitted, Diane Spector Administrative Traffic Coordinator Attachment TABLE 1 1990 ADMINISTRATIVE TRAFFIC CONLMITTEE DECISIONS Denied Put Alternate Approved Action Taken` Denied Request for Stop Sign 2 2 Request for 4 -Way Stop 2%* 2 1 Request for No Parking Sign 5 2 2 Request for Other Sign 9 7 3 Request to Remove /Change Sign 1 1 Request for Road or ROW Improvements 6 2 3 Other Requests /Complaints 2 3 1 TOTAL 25 19 12 %Includes those which were initially denied but which will be reevaluated at a later date. **The 4 -Way Stop at Earle Brown Drive and Summit Avenue was requested by two different individuals. NOTE: The total will be greater than the number of "cases," because a case may have more than one request /complaint. 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N i 1300 - _ - GA"D YE a IpAbry.OT AMEN IA MMBOI AYE IWO W AO NO 57 NWBOLDT AYE N 1 L_ y AV E I"A"D N �1A A FAEOAYfT AVE M h i A r5 F71EXp1A1 > N I foe F AVE 400,1 FIm E) AVE M ERSOq AYE z F]FATON A IIW V 1100 AYE M _ DAMSON N DUFHR AVE N 1100 4gn •� is low AYE N IXT Li A M ii ` ♦ �i �Y WYANT AVE N N 100 > C"A " 1p ` y0� ALD"101 AVE M VE N A Y i 000 ALDIUd EAIOFR AK N *� N I AVE 11 ! DAIa r5 TM EN > A 3TN AYE M ( AW It N mew 600 Sm N TN III YMALE AVE N / .. _ _ -- IF NIKA "D - ,® - AD DALLAS W - ��p1Y! A Alp � �-4C! � � KE AD YnA "LLON LA I '�'lsslrs,IPPl � Eq y � ' —1 CARSON AND GEELLAND ATTORNEYS AT Z,AW BROOKDALE CORPORATE CENTER SUITE 305 6300 SHINGLE CREEK PARKWAY JEFFREY A. CARSON MINNEAPOLIS, MINNESOTA 55430 TELEPHONE WILLIAM G. CLELLAND (612) 561 -2800 MARGARET C. HEPPER FAX STEVEN C. HEY 31 December 1990 (612) 561 -1943 Gerald G. Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Gerry: As I advised you in our recent call, I have sent the deed in for recording and I enclose herewith the Assignment of Claims. Please have the document executed by yourself and the Mayor after council approval and return it to me. The Judge has scheduled a pre -trial conference for 29 January 1991, so I would like to have the original of the document back to the Attorney General prior to that time. This document is faithful to the statute in that it assigns to the State of Minnesota any and all claims the City has against the sellers of this land and against any party which provided an abstract of title, which of course is North Star. To protect the City, the document states that the City makes no representations or warranties concerning the merits of the claim. I will try to schedule an appointment with you soon to discuss any residual claims. Sincerely, CARSON AND CLELLAND Willia 1 lland WGC:lln enclosure ASSIGNMENT OF CLAIMS WHEREAS, Act of April 6, 1988, Chapter 461, 1988, directs the State of Minnesota to convey certain real property described in Subdivision 3 thereof to the City of Brooklyn Center, and WHEREAS, the State of Minnesota has drafted a deed pursuant to said Act in a form approved by the Attorney General and the City of Brooklyn Center, and WHEREAS, in Subdivision 2 of said Act the legislature directs that said deed shall be given in consideration of an assignment to the State of Minnesota by the City of Brooklyn Center of any claims which the City may have with respect to previous conveyances to the City of lands described in Subdivision 3 thereof against the vendors of said land and against any party which provided an abstract of title covering said lands to the City or its attorneys, NOW, THEREFORE, in consideration of the execution and delivery of the above - referenced deed, receipt of which is hereby acknowledged, the City of Brooklyn Center, herein referred to as assignor, sets over, transfers and assigns to the State of Minnesota, acting through its Department of Transportation, herein referred to as assignee, any and all claims which the assignor may have with respect to the previous conveyances to the City of lands described in Subdivision 3 of the above cited Act against the vendors of said lands and against any party which provided an abstract of title covering said lands to the City or its attorneys, including but without limitation the claims raised in the Hennepin County District Court action styled City o Brooklyn Center and Richard J Schieffer v North Star Title Company, Inc. Hennepin County District Court File No. Ct 87- 14134. By this assignment it is the intention of the assignor to transfer all of the assignor's rights, title, interest, claims and demands in the above titled pending litigation. The assignee shall be substituted in the full place and stead of the assignor plaintiff in said litigation. It is understood that in making said assignment the City makes no representations or warranties concerning the merits of the plaintiff's claims therein. IN WITNESS WHEREOF, we have hereunto set our hands this day of , 1991. Toad Paulson, mayor Gerald G. Splinter, City Manager -2- a ACCEPTANCE BY ASSIGNEE I, David L. Phillips, Special Assistant Attorney General, accept the above assignments on behalf of the assignee and agree to make the proper motion pursuant to such assignment, in the Hennepin County District Court referred to above, for the purpose of substituting the State of Minnesota in the place and stead of assignor in the above - entitled cause. Dated: DAVID L. PHILLIPS -3- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DARLENE K. WEEKS WHEREAS, Darlene K. Weeks was hired by the City of Brooklyn Center as the executive secretary to the city manager on September 25, 1972, and continued to serve in this capacity when she was appointed office manager and deputy city clerk on January 1, 1982; and WHEREAS, on January 1, 1986, she was appointed city clerk and completed the requirements and became a Minnesota Certified Municipal Clerk in 1989; and WHEREAS, she was a member of the Municipal Clerks and Finance Officers Association since 1982 and served on the Hennepin County Elections Committee; and WHEREAS, Darlene passed away on December 21, 1990, after 18 dedicated years of service to the City of Brooklyn Center; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Darlene K. Weeks is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Our City Clerk, Darlene Weeks, passed away on December 21st after a long battle with cancer. Darlene had been an employee of the City for eighteen years and actively employed until approximately a week before her death. I'd like to think that growing up in a small rural town on the windswept plains of western Minnesota molded the calm quiet courage that Darlene exhibited in her battle. I'd like to think that - because we shared that home town. Although many years before her - as she so often loved to remind me and tell others. I'd like to think that some of that same molding would rub off on me. But I'm sure that that was only one small part of the development of character that allowed Darlene to face her illness with courage and a resolve to continue to live her life as normal as possible. Much more important was her family training and deep religious faith. I'm sure that during Darlene's battle, which included two lenghtly sessions of chemotherepy treatments, there were many times when there was the temptation to throw in the towel, stay home, and feel sorry for herself. She never did that - and earned the admiration and respect of everyone that knew what she was going through. She never complained, but instead kept a positive attitude in all she did. Darlene was a very private person. Because of that, she avoided telling people of her illness and shared the pain with very few. As recent as the November election, she continued to carry out her duties - so well and so professionally that some of the election judges that worked beside her never knew that she was ill. Unfortunately, because of her determination to live the normal life, she never did retire and there was no retirement party which would have given the opportunity for those who worked with her to say the many good things that we wanted to say about her and, as in most retirement parties, maybe some of the not so good things. s a So tonight I would just like to state for the record that Darlene Weeks has earned the love, admiration, and respect of those with whom she worked. Her dedication to her job and to her co- workers, her positive attitude, and the example she set in facing adversity will serve as an inspiration to all who knew her. Darlene will be sorely missed and truly remembered by all of her co- workers. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN CASEY WHEREAS, John Casey served on the Northwest Hennepin Human Services Council advisory commission from May 5, 1986, to December 31, 1990; and WHEREAS, he was the advisory commission's secretary in 1989 and vice chairperson in 1990; and WHEREAS, he served as co- chairperson of the Northwest Family nd Child Abuse Network; work• and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of John Casey is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LOUIS SULLIVAN WHEREAS, Louis Sullivan served on the Brooklyn Center Human Rights and Resources Commission from December 9, 1985, to December 31, 1990; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Louis Sullivan is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 1 14 Z90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS - LANDSCAPING ON WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1990 -25, CONTRACT 1991 -A DEPT. APPROVAL: SY KNAPP, DIRECT OF PUtLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • During the period 1988 -1990 a proposal to reconstruct West River Road between 66th Avenue and 73rd.Avenue North was developed, approved and implemented. A construction contract, awarded in 1990 was completed, with the exception of minor corrections and clean -up which will be completed in early 1991. Following is a summary of estimated costs for this project - as per the original Engineer's report, and the current estimate; as reported to the Council on 12/3/90: Per Engineer's Report Current Estimate Contract $1,200,660 $1,094,333.98 Contingency 60,000 - -- Landscaping 100,000 100,000.00 Right -of -Way Acquisition 85,800 83,589.56 Underground Electrical System & Street Lights 56,500 62,695.00 Engineering 174,174 223,200.00 Administrative 12,600 10.943.34 Legal and Bonding 12.600 $ 10.943.34 Total Estimated Project Costs $1,702,334 $1,585,705.22 • Per Engineer's Report Current Estimate Special Assessments $ 79,402 $ 68,593.82 Public Utility Fund 70,000 85,551.69 Minnesota Dept. of Transp. 677,155 658,872.10 Local Municipal State Aid Fund 2611 875.777 772,687.61 Total $1,702,334 $1,585,705.22 Both the original report and the current estimate include a $100,000 allocation for landscape plantings. This work was not included in the general construction contract because we strongly believe that the City will obtain much better results by having this work done under a separate contract, by a landscaping contractor, at the correct time of the year. Accordingly, SEH, Inc. has now completed plans and specifications for installation of the landscape plantings. Those plans and specifications will be available for detailed review and discussion at the 1/14/91 Council meeting. Essentially, the plans include the following treatments: o On the west boulevard (between the curb line and the trail) installation of 2 -inch diameter trees, in groups of 3 to 18 trees, with 40 -foot spacing between trees in each group. Four varieties of trees are specified, i.e.: Skyline honeylocust, Norway maple, hackberry, and Century ginkgo. • o At the face of the retaining wall, 3 varieties of ivy will be planted. o On top of the mound, trees and shrubs to be planted include Austrian pines, Black Hills spruce, Japanese tree lilacs, Amur maple, snow drift crab, common purple lilac, smooth sumac, dwarf amur maple, and rugosa rose. In addition, plantings include a few fleece flowers and day lilies, with native grasses and a small area of wild flowers specified for ground cover. o On the east side (i.e. - the property owner side) of the street, 9 trees and 23 shrubs will be planted at locations where property owners requested them and where they will not create sight distance problems. Note All property owners were invited to attend one of two "open houses" held on December 11 and 12, 1990. Twelve owners attended these meetings, reviewed the plans, and submitted their requests. The specifications provide for an additional 12 trees which can be made available to other property owners if additional requests are received. If these are not needed, their cost will be deducted from the contract. (The entire contract is a unit price contract.) This selection of plantings was made on the basis of • durability of the species, • salt and drought tolerance, o low maintenance, • • appearance, and • screening purposes from T.H. 252 - and for their appearance from the T.H. 252 side (i.e. - to improve the appearance of this gateway entrance to the City). SEH, Inc. now estimates that the total contract costs for these plantings will be $106,590, if all trees and shrubs are installed under a "balled and burlaped" (B and B) specifications. That estimate considers the fact that tree prices during the past 2 years have risen dramatically because of the drought years and because of the "Gulf crisis ". Accordingly, the plans and specs also request that bidders submit an alternate bid for the use of the "bare root" method of planting trees and shrubs instead of the "B and B" method. On this basis, SEH estimates the total cost at $99,440. Proposed Schedule Following is the proposed schedule for this improvement. Item Date Council Approval January 14 Advertise for Bids January 24 and 31 Open Bids February 12 Award Contract February 25 Start of Work Under Contract early spring, 1991 Specified Contract Completion Dates all trees and shrubs by June 10, 1991 final completion July 1, 1991 It is our belief that the early bid date will assure bidders the best opportunity to obtain reasonable prices for nursery stock, and provide the contractor adequate time to place orders for delivery during optimum planting time. Staff recommends that the Council approve the plans and specifications and direct advertisement for bids for this work. Then, when the bids are received, the City Council can decide which alternate to accept, based on the low bids received under each alternate, and based on the Council's decision as to which alternate best satisfies the City's needs. City Council Action Required A resolution is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS - LANDSCAPING ON WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1990 -25, CONTRACT 1991 -A WHEREAS, Short - Elliott Hendrickson Inc. (SEH Inc.), consulting engineers have prepared plans and specifications for landscaping on Wes P P P P g t River Road between 66th and 73rd Avenues North and have presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications as prepared by SEH Inc. are approved. 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bids. 3. All costs relating to this improvement shall be charged to the Municipal State Aid Street Fund, Account No. 2611. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 1/14/9 Agenda Item Number I ZE FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 DEPT. APPROVAL: — J SY KNAPP, DIRECTOf OF PU15LIC WORKS MANAGER'S REVIEW /RECOMMENDATION: i�r'°/•,+�,�',��, No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Evergreen Land Services has negotiated purchase agreements with the property owners at 3506 and 4014 69th Avenue North. These agreements are based on appraised values of: Tim & Marlys Hamilton 3506 69th PP y > Avenue - $80,000 and Stan and Diane Hahn, 4014 69th Avenue - $103,000. These offers are acceptable to the property owners, and they have signed the agreements. Both property owners plan on building new homes; it is expected that closings will be scheduled for April or May, 1991. The City Attorney is working with Evergreen and Public Works staff to-review and finalize all details. Previous Council Action The Council on May 7, 1990 approved a resolution which provided for the negotiated purchase of real property for project 1990 -10. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. City Council Recommendation As all parties agree to the sale of the properties for their appraised value, a resolution is provided that approves and ratifies the purchase agreements. �L Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City Council ordered the reconstruction of 69th Avenue between Noble Avenue North and Shingle Creek Parkway, Improvement No. 1990 -10; and WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City Council approved a right -of -way plan depicting properties to be acquired for the project; and WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owners of the property at 3506 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; and WHEREAS, the owners of the property at 4014 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreements are hereby approved. 2. The City Manager is directed to proceed with the purchase of the properties at 3506 and 4014 69th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreements. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date Agenda item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR THE FORMATION OF THE TWIN LAKES JOINT POWERS ORGANIZATION DEPT. APPROVAL: Signature - titl - Jae Lindsay, Chief of P ' MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached . SUMMARY EXPLANATION: (supplemental sheets attached yes Attached is a memorandum to G.G. Splinter outlining the background which led to this request for a joint powers agreement for the formation of the Twin Lakes Joint Powers Organization. RECOMMENDATION: The City Council approve the resolution authorizing the execution of a joint powers agreement for the formation of the Twin Lakes Joint Powers Organization. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR THE FORMATION OF THE TWIN LAKES JOINT POWERS ORGANIZATION BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: Section 1. Background: Findings. 1.01. The City is one of three communities which border on sections of Twin Lake. 1.02. The police department has problems with enforcement on the lake including noise and other disturbance type violations. 1.03. The City s unable to ass ordinances regulating these tY P g g types of activities unless in conjunction with the other bordering communities. 1.04. Minnesota Statutes, Section 471.59 (Act) authorizes the City to perform municipal functions by contract jointly with other political subdivisions of the State. The City has participated in a study of the Twin Lake problems with Crystal and Robbinsdale (the Cities). The Cities have recommended the formation of an organization. 1.05. A form of contract (Contract) creating the Twin Lakes Joint Powers Organization and setting forth its basic powers and duties has been presented to the Council. The Council has reviewed the Contract and a copy is on file with the Clerk. 1.06. It is found and determined that it is in the best interests of the City that the City execute and deliver the Contract. Section 2. Authorization: Findings. 0 2.01. The Contract is approved. 2.02. The Mayor and City Manager are authorized and directed to execute and deliver the Contract on behalf of the City. 2.03. Chief James Lindsay is named as the City's representative to the board and Captain Scott Kline is named as alternate. Date Mayor ATTEST: 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. TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: January 10, 1991 SUBJECT: Twin Lake During the winter of 1989 -1990, the police department experimented with using the department's all - terrain vehicle on Twin Lake as a preventative patrol. The vehicle is kept at a private residence located on Middle Twin. Review of the project has determined that it accomplished the goals set for it. This was mainly to reduce noise disturbances late at night, reckless driving of snowmobiles, teenage parties on the island which is a wildlife refuge, and burglary of fish houses. In November of 1990, the Chiefs from Brooklyn Center, Robbinsdale and Crystal met to look at the feasibility of a joint project for patrolling Twin Lake. Twin Lake is actually divided into three lakes which we now identify as Lower Twin, Middle Twin, and Upper Twin. Lower Twin is located one hundred percent (100 %) within the city of Robbinsdale. Middle Twin is bordered by the three communities with ninety percent (90 %) of the lake surface under Crystal's jurisdiction. Upper Twin is bordered by Crystal and Brooklyn Center with ninety percent (90 %) of the lake surface falling within Brooklyn Center. Because two of the lakes fall within multiple jurisdictions, local ordinances cannot be enacted for controlling noises and other disturbance type violations. The county is the only one that can enact ordinances in this type of situation. As you know, the cities have presented the Hennepin County Board with several ordinance proposals. They have declined to address the matter. Memo to G.G. Splinter Page 2 January 10, 1991 City Attorney, Charlie LeFevere, is of the opinion that a joint powers agreement by the affected communities will enable the affected communities to establish local ordinances; if and when all communities agree on the wording and each Council passes the ordinance. It is intended that the three departments provide roughly eight to twelve (8 -12) hours of patrol a week on the lakes with an emphasis on the weekends. This will provide twenty -four to thirty -six (24 -36) hours of patrol each week. Staffing will be done in Brooklyn Center by code enforcement officers (CEO's). Crystal and Robbinsdale will use community service officers ( CEO's) and reserve officers. The schedule will vary from week to week to cover the busiest times the lakes are in use. The park building at Twin Lake Beach on Middle Twin will be used as a police substation for this activity. The all - terrain vehicle (ATV) will not fit in the building, so it will again be kept at a private resident's house on Upper Twin. With the help of the Hennepin County Water Patrol instructors, we have trained thirty (30) people from the three communities. Preventative patrols were started on Saturday, January 5, 1991. It is anticipated if the winter enforcement is a successful venture, consideration will be given to extending the detail to water patrol also. Charlie LeFevere has drafted a joint powers agreement covering this activity on Twin Lake. The Robbinsdale City Council has reviewed the agreement and have not recommended any changes. I recommend that the council consider the joint powers agreement at this next council meeting. r JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION OF THE TWIN LAKES JOINT POWERS ORGANIZATION The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes 1990, Sections 471.59 and 459.20. ARTICLE I. GENERAL PURPOSE f The parties hereto are all of the cities having parts of Twin Lakes within their municipal boundaries. The parties find that there is a need for local regulation of activities on Twin Lakes and for coordinated and cooperative law enforcement on the Lakes. The purpose of this agreement is to create an organization to enable the parties jointly to exercise the powers authorized by Minnesota Statutes 1990, Section 459.20 and jointly and cooperatively to provide for law enforcement activities on the Lakes. ARTICLE II . DEFINITIONS Section 1. For purposes of this agreement the terms defined in this Article have the meanings given them. Section 2. "Agreement" means this agreement. Section 3. "Board" means the board of directors created by Article IV. Section 4. "Director" means a director or alternate director appointed under Article IV of this Agreement. Section 5. "Governing body" means the city council of a member. Section 6. "Member" means a governmental unit which is a party to this Agreement and is in compliance with and in good standing under this Agreement. Section 7. "Twin Lakes Joint Powers Organization (Twin Lakes JPO)" means the organization established by this Agreement. Section 8. "Lakes" means Twin Lake (which is comprised of the lakes which are commonly referred to as Upper Twin and Middle Twin) and Lower Twin Lake. ARTICLE III. MEMBERSHIP Section 1. The members of the Twin Lakes JPO are the cities of Brooklyn Center, Crystal and Robbinsdale. ARTICLE IV. BOARD OF DIRECTORS Section 1. The governing body of the Twin Lakes JPO is its board of directors. A member must appoint one director to the Board. A director has one vote. A member may appoint one alternate director. The alternate director may attend meetings of the Board and may vote in the absence of that member's director. Section 2. Directors are appointed by resolution of the governing body of a member. The appointing resolution must be filed with the secretary. The resolution must be accompanied by the director's address for purposes of notice. Section 3. The term of a director is one year. The terms of directors initially appointed expire on December 31, 1991. Directors serve until their respective successors are appointed and qualify. Section 4. A director may be removed from the Board at any time, with or without cause, by resolution of the governing body making the appointment. The resolution removing the Director must be filed with the secretary. Section 5. A vacancy on the Board is filled in the same manner that an appointment of a director is made. Section 6. Directors may not vote by proxy. Section 7. A director may not vote if the Board determines that the member represented by the Director is not in compliance with this Agreement or if the Director has been removed from the Board. 2 ARTICLE V. MEETINGS Section 1. The directors of the initial members must conduct an organizational meeting no later than 30 days after the effective date of this agreement. At the organizational meeting, or as soon thereafter as is reasonably possible, the Board must elect its officers and adopt such by -laws and other procedures governing the conduct of its meetings and its business as it deems r appropriate. Section 2. The Board must conduct an annual meeting t a date and lace g P specified in its by -laws to elect officers and to undertake such other business as may properly come before it. The Board may provide for a schedule of regular meetings. A regular meeting must be held once in each calendar quarter in the year 1991 and thereafter as provided by the by -laws. Section 3. A special meeting of the Board may be called by the president or by the secretary upon written request of such number of Directors as is specified by the by -laws. Notice of a special meeting must be mailed to Directors at least five days prior to the special meeting and in accordance with law. Business at special meetings is limited to matters contained in the notice of the special meeting. ARTICLE VI. OFFICERS: COMMITTEES Section 1. The officers of the Board are a president, vice president and secretary elected for a term of one year by the directors at the organizational meeting and at the annual meeting. The Board may designate directors to act as officers in the absence of an officer. Section 2. The president presides at meetings of the Board. The secretary is responsible for records of proceedings of the Board and such other matters as may be delegated to the secretary by the Board. 3 Section 3. The Board may in its by -laws provide for and define the duties of such other officers as it determines necessary from time -to -time. Section 4. The Board may in its by -laws provide for such committees as it determines necessary from time -to -time. A by -law providing for an executive committee and defining the powers and duties of an executive committee may be adopted only by a favorable vote of all members of the Board. ARTICLE VII. POWERS AND DUTIES Section 1. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this agreement. Section 2. The Board may: a. provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; b. purchase, hold or dispose of personal property; C. contract for personal services with a member or group of members or private parties; d. recommend to the governing bodies ordinances for adoption which ordinances shall become effective on dates specified therein. Such effective dates shall not be earlier than the date when such ordinances become effective under Charter provisions of all members and under applicable provisions of state law; and e. coordinate training and law enforcement activities on the Lakes of the police departments of the members. ARTICLE VIII. LAW ENFORCEMENT Section 1. The parties currently plan to share responsibilities of law enforcement on the Lakes. The police department of each member shall continue to enforce laws on those parts of the Lakes which lie within its jurisdiction. 4 Additionally, sworn officers of all members are deputized and authorized to enforce on the Lakes: state laws; local ordinances applicably only to violations occurring within one city; and local ordinances adopted by all three member cities pursuant to Minnesota Statutes Section 429.20 and this Agreement. Section 2. Each member may adopt ordinances authorizing non -sworn personnel to issue citations on the Lake which may include non -sworn personnel of the other cities but only to the extent authorized in such ordinances. Section 3. The Board shall coordinate training and law enforcement activities of the police departments of the members. Training may include both sworn and non -sworn personnel. Section 4. Sworn and non -sworn personnel acting on the Lakes but outside of their jurisdiction pursuant to this Agreement and the direction of the Board, shall remain under the supervision of their own police department and shall not become an employee of the party within whose jurisdiction they are acting for workers' compensation, unemployment compensation or any other purposes. Each city shall supply its personnel with all necessary equipment, support and administrative services. Section 5. Prosecution of violations shall be undertaken by the member in which the violation occurred. Section 6. The City of Brooklyn Center agrees to make available to law enforcement personnel of all three members one all terrain vehicle (ATV) subject to recall by the Brooklyn Center police department at any time. During the time the ATV continues to be available to all parties' personnel for law enforcement activities on the Lakes it shall be scheduled for use by the Board. The City of Brooklyn Center shall maintain insurance on the vehicle and provide for its fueling, 5 maintenance and repair. Upon invoice from the City of Brooklyn Center for fuel, insurance and repair costs each party will promptly reimburse Brooklyn Center for one -third of such costs provided that no repair work exceeding a cost of two hundred dollars ($200) will be undertaken without prior approval of the Board. Section 7. Cash or asset forfeiture seized by law enforcement activities pursuant to this Agreement on the Lakes shall become the property of the jurisdiction in which the offense which authorized the seizure was committed. ARTICLE IX. FINANCIAL MATTERS Section 1. The fiscal year of the Twin Lakes JPO is the calendar year. Section 2. The Board must adopt an annual budget prior to July 1 of each year. The Board must give each member a reasonable opportunity to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each member. The budget is deemed approved by each member unless, prior to October 1 of that year a member gives written notice to the secretary that the member is withdrawing at the end of the year as provided in this agreement. Section 3. Operational and capital costs are to be shared according to methods agreed upon by unanimous vote of the Board. Section 4. Billings to members are due and payable no later than 30 days after mailing. In the event of a dispute as to the amount of a billing, a member must nevertheless make payment as billed to preserve membership status. The member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member's director. Failure to pay a billing within 120 days is ground for termination of membership but Twin Lakes JPO rights to the obligation represented by the billing are not affected by termination of membership. 6 Section 5. Purchases and contracts on behalf of the Twin Lakes JPO may be made by any of the parties upon the unanimous authorization of the Board. ARTICLE X. WITHDRAWAL Section 1. A member may withdraw from the Twin Lakes JPO no later than 30 days after the adoption of the budget by giving written notice to the secretary. The notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. The withdrawal is effective at the end of the calendar year in which notice is given. Section 2. The withdrawal of a member does not affect that member's obligation to pay fees, charges or contractual charges for which it is obligated under this Agreement. ARTICLE XI. DISSOLUTION Section 1. The Twin Lakes JPO shall be dissolved at the effective date of the withdrawal of any member. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement and law. Section 3. In the event of dissolution and following the payment of all outstanding obligations, assets of the Twin Lakes JPO will be distributed among the then existing members in equal shares. If those obligations exceed the assets of the Twin Lakes JPO, the net deficit will be charged to and paid by the members in equal shares. Property loaned or _made available to the Twin Lakes JPO by one of the parties on the condition that that party has a right to recall such property, shall be returned to such party. 7 ARTICLE XII. EFFECTIVE DATE; DURATION This Agreement continues in effect indefinitely unless terminated in accordance with its terms. This Agreement is effective on the day that executed copies of this Agreement accompanied by the member resolution authorizing its execution is filed by the members with the City Clerk of the City of Brooklyn Center. 8 IN WITNESS WHEREOF, the undersigned governmental unit has caused this Agreement to be executed by its duly authorized officers and delivered on its behalf. CITY OF BROOKLYN CENTER By Its Mayor < By Its Manager CITY OF CRYSTAL By . Its Mayor By Its Manager CITY OF ROBBINSDALE By Its Mayor By Its Manager Received and filed by the City of Brooklyn Center this day of , 1991. BR291 -020 9 CITY OF BROOKLYN CENTER Council Meeting Date /! 9/ Agenda Rem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION RELATING TO ANIMAL CONTROL: AMENDING RESOLUTION NO. 90 -190 AUTHORIZING MEMBERSHIP OF THE CITY IN PETS UNDER POLICE SECURITY (PUPS) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: s Signature - title - 4arfie Lindsay, Chief of Police MANAGER'S REVI /RECOMMENDATION: No comments to supplement this report Comments below /attached 0 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached yes In the past, the Brooklyn Center Police Department, along with several other communities, had contracted with Funk Animal Hospital to provide kennel facilities for their animal control functions. In May of 1989, Funk Animal Hospital notified all cities in writing they would be discontinuing this service. Several communities joined together to research other options. In the interim, Funk agreed to allow the communities use of his boarding facilities, but stated he would be unable to staff them. This function is currently being staffed by Brooklyn Park community service officers (CSO's). As the group discovered no viable alternative vendor, the decision was made to enter into an agreement to build a facility. A location for the building was picked in Maple Grove, just off Highway 81 on 89th Avenue North. In September of 1990, the City Council approved Resolution No. 90 -190 which authorized the City of Brooklyn Center to enter into the joint powers contract for an animal control facility. Copies of the joint powers contract and Resolution No. 90- 190 are attached for your convenience. At the time these items were approved, two of the cities included in the agreement were Robbinsdale and Golden Valley. At this time Robbinsdale and Golden Valley have decided not to participate in the program; and the City of Plymouth has now decided to join in. This resolution revises the joint powers contract by dropping Robbinsdale and Golden Valley and adding Plymouth. Bids on the construction of the building will be opened on January 15, 1991 at 2:00 p.m. in Maple Grove. Twenty -four (24) bidders have already submitted bids on the project. There will be a pre- construction meeting with the selected builder on • February 4, 1991. It is anticipated the building will be completed by the fall of 1991. Also attached is a breakdown of the estimated costs per community of the facility and how the costs were figured. It is anticipated the actual costs of construction will be lower because of the high numbers of bidders on the project. RECOMMENDATION: The City Council approve the resolution to amend the resolution authorizing membership in pets under police security (PUPS). • I 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO ANIMAL CONTROL: AMENDING RESOLUTION NO. 90 -190 AUTHORIZING MEMBERSHIP OF THE CITY IN PETS UNDER POLICE SECURITY (PUPS) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: Section 1. Findings. 1.01. B Resolution No - authorized m . 90 190 the City auto ed me bershi Y Y P in Pets Under Police Security (PUPS) and approved the execution of a joint powers contract (Contract) pursuant to Minnesota Statutes, Section 471.59. The Contract contemplated that the Cities of Robbinsdale and Golden Valley would be initial members of PUPS. 1.02.. A revised contract (Revised Contract) omitting the cities of Robbinsdale and Golden Valley and including the City of Plymouth has been reviewed by the Council and is on file with the Clerk. Section 2. Authorization. 2.01. The Revised Contract is approved. 2.02. The Mayor and City Manager are authorized and directed to execute and deliver the Revised Contract on behalf of the City. 2.03. The Clerk is authorized and directed to deliver a certified copy of this resolution and Resolution No. 90 -190 together with the executed Revised Contract to the City Clerk of the City of Crystal. 2.04. Resolution No. 90 -190 is otherwise unaffected by this resolution. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r M Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. - 90-190 RESOLUTION RELATING TO ANIMAL CONTROL: AUTHORIZING MEMBERSHIP OF THE CITY IN PETS UNDER POLICE SECURITY PUPS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: Section 1. Background: Findings 1.01. The City is authorized to protect the public health, safety, and welfare by conducting an animal control program (Program). The Program consists, among other things, of the impoundment of dangerous, stray, unlicensed, and unvaccinated animals. 1.02. The City has been unable to contract with a suitable private animal control agency to assist the City in the Program. It is found and determined that it is necessary and desirable to provide for municipally owned and operated facilities to perform impoundment services under the Program. 1.03. Minnesota Statutes, Section 471.59 (Act) authorizes the City to perform municipal functions by contract jointly with other political subdivisions of the State. The City has participated in a study of a joint animal impound facility conducted by the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, and Robbinsdale (the Cities). The Cities have recommended the formation of an organization under the Act to be known as Pets Under Police Security (PUPS). 1.04. A form of contract (Contract) creating PUPS and setting forth its basic powers and duties has been presented to the Council. The Council has reviewed the Contract and a copy is on file with the Clerk. 1.05. It is found and determined that it is in the best interests of the City that the City execute and deliver the Contract. Section 2. Authorization: Findings 2.01. The Contract is approved. 2.02. The Mayor and City Manager are authorized and directed to execute and deliver the Contract on behalf of the City. r RESOLUTION NO. - 90-190 2.03. The Clerk is authorized and directed to deliver a certified copy of this resolution together with the executed contract to the City Clerk of the City of Crystal. Section 3. Representative Appointment 3.01. Police Chief Jim Lindsay is appointed the City's representative on the PUPS Board and Police Captain Scott Kline as alternate representative. September 10, 1990 Date Mayo ATTEST • Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Dean NNyyquist, Celia Scott Todd Paulson, Jerry Pedlar, and Philip Cohen; and tfie following voted against the same: g none, o n said o , whereu P resolution was declared duly passed and adopted. J JOINT AND COOPERATIVE AGREEMENT PETS UNDER POLICE SECURITY The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, section 471.59. ARTICLE I. GENERAL PURPOSE The general purpose of this agreement is to create an organization by which the parties may jointly and cooperatively provide for the efficient and economical impoundment of animals coming into their possession in the course of the conduct of municipal animal control programs in a jointly owned and operated animal control impound facility. ARTICLE II. DEFINITIONS Section 1. For purposes of this agreement the terms defined in this Article have the meanings given them. Section 2. "Agreement" means this agreement. Section 3. "Board" means the board of directors created by Article IV. Section 4. "Director" means a director or alter'hate director appointed under Article IV of this agreement. Section 5. "Governing body" means the city council or other governing body of a member. Section 6. "Governmental unit" means a home rule city, a statutory city, and any political subdivision of the state authorized to take possession of and impound animals as part of an animal control program. Section 7. "Member" means a governmental unit which is a party to this agreement and is in compliance with and in good standing under this agreement. Section 8. "Pets Under Police Security (PUPS) means the organization established by this agreement. ARTICLE III. MEMBERSHIP Section 1. Any governmental unit is eligible to be a member of PUPS. Section 2. The initial members of PUPS are the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, New Hope, Maple Grove and Robbinsdale. Section 3. A governmental unit other than an initial member desiring to be a member of PUPS may do so by executing and delivering a copy of this agreement in the manner provided by Article XII and complying with its terms. The board must approve or disapprove the admission of a governmental unit. The board may impose reasonable conditions on the admission of members and establish procedures for the removal of a member for cause. A governmental unit becoming a member must pay to PUPS a sum equal to the capital contribution obligation of the initial members pursuant to Article VIII. ARTICLE IV. BOARD OF DIRECTORS Section 1. The governing body of PUPS is its board of directors. A member must appoint one director to the board. A director has one vote. A member may appoint one alternate director. The alternate director may attend meetings of the board and may vote in the absence of that member's director. Section 2. Directors are appointed by resolution of the governing body of a member. The appointing resolution must be filed with the secretary- treasurer. The resolution must be accompanied by the director's address for purposes of notice. Section 3. The term of a director is one year. The terms of directors initially appointed expire on December 31, 1990. Directors serve until their respective successors are appointed and qualify. Section 4. A director may be removed from the board at any time, with or without cause, by resolution of the governing body making the appointment. The resolution removing the director must be filed with the secretary- treasurer. Section 5. A vacancy on the board is filled in the same manner that an appointment of a director is made. Section 6. Directors may not vote by proxy. Section 7. A director may not vote if the board determines that the member represented by the director is not in compliance with this agreement or if the director has been removed from the board. ARTICLE V. MEETINGS Section 1. The directors of the initial members must conduct an organizational meeting no later than 30 days after the effective date of this agreement. At the organizational meeting, or as soon thereafter as is reasonably possible, the board must elect its officers and adopt such by -laws and other procedures governing the conduct of its meetings and its business as it deems appropriate. ro riate. Section 2. The board must conduct an annual meeting at a date and place specified in its by -laws to elect officers and to undertake such other business as may properly come before it. The board may provide for a schedule of regular meetings. A regular meeting must be held once in each calendar quarter in the year 1990 and thereafter as provided by the by -laws. Section 3. A special meeting of the board may be called by the president or by the secretary- treasurer upon written request of such number of directors as specified by the by -laws. Notice of a special meeting must be mailed to directors at least five days prior to the special meeting and in accordance with law. Business at special meetings is limited to matters contained in the notice of the special meeting. ARTICLE VI. OFFICERS: COMWITTEES Section 1. The officers of the board are a president, a vice president and a secretary- treasurer elected for a term of one year by the directors at the organizational meeting and at the annual meeting. The board may designate directors to act as officers in the absence of an officer. Section 2. The president presides at meetings of the board. The secretary- treasurer is responsible for records of proceedings of the board, the funds and financial records of the board, and such other matters as may be delegated to the secretary- treasurer by the board. Section 3. The president and the secretary- treasurer must sign vouchers or orders disbursing funds of PUPS. Disbursement must be made in the method prescribed by law for statutory cities. Section 4. The board may in its by -laws provide for and define the duties of such other officers as it determines necessary from time to time. Section 5. The board may in its by -laws provide for such . committees as it determines necessary from time to time. A by- law providing for an executive committee and defining the powers and duties of an executive committee may be adopted only by a favorable vote of all members of the board. ARTICLE VII. POWERS AND DUTIES Section 1. The board may take such actions as it deems necessary and convenient to accomplish the general purposes of this agreement. Section 2. The board may: a) enter into contracts with public or private agencies or persons to carry out its powers and duties; b) provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; c) employ such persons as it deems necessary on a part- time, full -time or consultant basis; d) purchase, hold or dispose of real and personal property; e) contract for space, commodities or personal services with a member or group of members; f) conduct research in animal control matters; g) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other governmental units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating elating thereto; and h) apply for and pay premiums on policies of insurance and surety bonds for personnel in such amounts as deemed necessary, provided that the board must provide that the organization or each of its members has public liability insurance coverage in the maximum liability amounts specified in Minnesota Statutes, section 466.04. ARTICLE VIII. FINANCIAL MATTERS Section 1. The fiscal year of PUPS is the calendar year. Section 2. The board must adopt an annual budget prior to July 1 of each year. The board must give each member a reasonable opportunity to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each member. The budget is deemed approved by each member unless a member gives written notice to the secretary- treasurer that the member is withdrawing at the end of the year as provided in Article X. Section 3. Operational and capital costs are to be shared according to methods agreed upon by unanimous vote of the board. Those methods may include membership dues and fees, charges for services to members, and charges for capital costs to members. Section 4. Billings to PUPS members are due and payable no later than 30 days after mailing. In the event of a dispute as to the amount of a billing, a member must nevertheless make payment as billed to preserve membership status. The member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member's director. Failure to pay a billing within 120 days is grounds for termination of membership but PUPS rights to the billing are not affected by termination of membership. Section 5. The board must provide in the by -laws for the reporting to the members of the receipts and disbursements and the financial condition of the organization at regular intervals not less than quarterly. ARTICLE IX. ADMINISTRATOR Section 1. PUPS may appoint an administrator. The administrator may be employed on a full -time, part -time or consulting basis. Section 2. The administrator, if appointed, has those Powers and duties specified in the by -laws and delegated by the board. The administrator reports to and is responsible to the board. ARTICLE X. WITHDRAWAL Section 1. A member may withdraw from PUPS no later than 30 days after the adoption ion of p the budget by giving written notice to the secretary- treasurer. The notice must be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. The withdrawal is effective at the end of the calendar year in which notice is given. Section 2. The withdrawal of a member does not affect that member's obligation to pay fees, charges or contractual charges for which it is obligated under this agreement. ARTICLE XI. DISSOLUTION: AMENDMENT Section 1. PUPS may be dissolved by a two- thirds vote of the members in good standing. Dissolution is mandatory when the secretary- treasurer has received certified copies of resolutions adopted by the governing bodies of the required two- thirds of the members requesting dissolution of PUPS. Section 2. In the event of dissolution, the board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution and following the payment of all outstanding obligations assets of PUPS will be distributed among the then existing members in direct proportion to their cumulative annual membership contributions. If those obligations exceed the assets of PUPS the net deficit of PUPS will be charged to and paid by the then existing members in direct proportion to their cumulative annual membership contributions. Section 4. In the event of dissolution the City of Maple Grove has the right of first refusal to purchase the land and buildings on which the initial PUPS impound facility is located. Section 5. This agreement may be amended by an affirmative - vote of all members. ARTICLE XI 1 . EFFECTIVE DATE; DURATION This agreement continues in effect indefinitely unless terminated in accordance with its terms. This agreement is effective on the day that executed copies of this agreement accompanied by the member resolution authorizing its execution is filed by the initial members with the city clerk of the City of Crystal. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf as of this 10th_ day of _Eep-tsml�_� , 19 9 0. CITY OF Brookl Center Its� ado And Its - ------- -- - - -- Received and filed by the City of Crystal this _ -_ day of ------------- - - - - -- , 1990. CR205 -47 PUPS COST ESTIMATE TOTAL OPERATIONS & CAPITAL ANIMAL COSTS ONLY BROOKLYN PARK CAPITAL $214,613 ADM. $4,075 $214,613 $18,389 ANIMAL $14,314 MAPLE GROVE CAPITAL $157,955 ADM. $4,075 $157,955 $15,218 ANIMAL $11,143 BROOKLYN CENTER CAPITAL $103,541 ADM. $4,075 $103,541 $10,592 ANIMAL $6,517 CRYSTAL CAPITAL $76,381 ADM. $4,075 $76,381 $8,527 ANIMAL $4,452 GOLDEN VALLEY CAPITAL $0 ADM. $0 $0 $0 ANIMAL $0 NEW HOPE CAPITAL $57,932 ADM. $4,075 $57,932 $6,351 s ANIMAL $2,276 ROBBINSDALE CAPITAL $0 ADM. $0 $0 $0 ANIMAL $0 DAYTON CAPITAL $0 ADM. $0 $0 0 ANIMAL $0 WAYZATA CAPITAL $0 ADM. $0 $0 $0 ANIMAL $0 MEDINA CAPITAL $0 ADM. $0 $ $0 ANIMAL $0 PLYMOUTH CAPITAL $138,693 ADM. $4,075 $138,693 $10,119 ANIMAL $6,044 TOTALS: $749,115 $69,195 1 PUPS CALCULATIONS 87 -89 AVG CITY HOUSEHOLD POPULATION IMPOUND TOTAL BP 0 55,294 384 55678 28.65% MG 0 37,729 299 38028 21.09% BC 0 28,578 175 28753 13.82% CRY 0 22,815 119 22934 10.20- GV 0 0 0 0 0.00% NH 0 22,680 61 22741 7.73% ROB 0 0 0 0 0.00% DAY 0 0 0 0 0.00% WAY 0 0 0 0 0.00% MED 0 0 0 0 0.00% PLY 0 51,390 162 51552 18.51% TOTAL 0 218,486 1,199 219,685 100.00% 10POPULATION FIGURES OBTAINED FROM MET COUNCIL. FIGURES ARE FOR 1989 HOUSEHOLD FIGURES ARE 1989 SINGLE FAMILY UNITS AS RECORDED BY HENNEPIN COUNTY PROPERTY DIVISION THE PERCENTAGES ARE BASED ON A FORMULA OF WEIGHTED AVERAGES. POPULATION FIGURES WEIGH 50% OF TOTAL IMPOUND FIGURES WEIGH 50% OF TOTAL PUPS COST ESTIMATES 29- Nov -90 CAPITAL COSTS: (SPLIT BY PERCENTAGE) ------------------------------------------------------------ LAND $50,000 150FT BY 240FT, APPROX .82 ACRES BUILDING $519,100 BUILDING AND SITE DEVELOPMENT $39,800 ARCHITECTURAL AND ENGINEERING FEES $4,000 SOIL TESTING AND SURVEYS $12,300 BUILDING PERMIT AND SAC CHARGES $77,865 BUILDING CONTINGENCY 15% $30,000 FINANCING COSTS EQUIPMENT $16,050 EQUIPMENT & FURNITURE NEEDED TOTAL CAPITAL: $749,115 ESTIMATE ADMINISTRATIVE COSTS: (SPLIT EQUALLY) ------------------------------------------------------------ UTILITIES $13,500 ELE, GAS, WTR /SWR, REFUSE, PHONE MISC. EQUIP. $750 OFFICE SUPPLIES AND SMALL TOOLS INSURANCE $5,000 GEN. LIA, PROPERTY, E &O SECURITY $600 SECURITY MONITORING CONTRACT $500 EQUIPMENT MAINTENANCE CONTRACT VET $500 LICENSED VETERINARY CONSULTANT EXTERIOR MAINT. 600 MAINTENANCE ON EXTERIOR OF BLDG. FINANCING $3,000 MAPLE GROVE FEES - FINANCIAL PROCESSING TOTAL ADM: $24,450 ESTIMATE ANIMAL COSTS: (SPLIT BY IMPOUND USE) ------------------------------------------------------------ PERSONNEL $35,620 1 FULL TIME, 1 PART TIME EMPLOYEE TRAINING $500 COUNSELING $500 EUTHANASIA RELATED FOOD ETC. $3,750 FOOD, BEDDING, AND SUPPLIES REMOVAL $4,175 $12.50 PER ANIMAL EST.(25% EST.) SUPPLIES $200 EUTHANASIA SUPPLIES TOTAL ANIMAL: $44,745 ESTIMATE CITY OF BROOKLYN CENTER Council Meeting Date Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL SEDANS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - titl - Ja es Lindsay, Chief of Police MANAGER'S REVI /RECOMMENDATION: fy, No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: attached O (supplemental sheets es a pp �l'_— In accordance with its policy of annual replacement of four (4) police patrol sedans, these vehicles were requested in the 1991 budget. The attached specifications were compiled and reviewed by police staff and staff of the city garage. We are requesting the approval of the specifications and authorization for advertisement for bids. If approved, we anticipate publication of call for bids on January 23, 1991 and bid opening February 5, 1991 with a return to the Council for acceptance of bids on February 11, 1991. RECOMMENDATION: The City Council adopt the resolution approving the specifications and authorizing advertisement for bids for delivery of four (4) police patrol sedans. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL SEDANS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of four (4) police patrol sedans are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of four (4) police patrol sedans in accordance with said specifications. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR FOUR (4) COMPACT SEDANS 1. GENERAL All bids must be received at the office of the City Clerk on or before 11 a.m., February 5, 1991, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked 'Bid for Compact Police Patrols." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The police sedans proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service, and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mention in this proposal are descriptive, but not restrictive, and used only to indicate type and standard of material or equipment desired. The police sedans the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the sedans the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and service, as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of bids. 6. PROOF OF WORKER'S COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. GENERAL The vehicles and /or equipment called for herein shall be new compact sedans currently advertised, models incorporating all the latest available changes and features, including all the safety devices and tools to make a satisfactory operating unit; and including a police package. They shall meet the requirements of Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. BODY Four (4) door. SEATING Split bench seating, cloth upholstery, full foam padded seats, with electric 6- way adjust for driver's seat. Head room front 38" minimum. Leg room front 41" minimum. Shoulder room front 57" minimum. TRUNK RELEASE Power release within easy reach of driver. WINDSHIELD WIPERS Should have high and low setting and intermittent control. MISCELLANEOUS EQUIPMENT Cigarette lighter. Rear window defogger or defroster. Tinted glass throughout. Factory air conditioning. Trunk light. Right and left hand remote adjustable mirrors. Speedometer. Rear door handles and windows inoperative. MISCELLANEOUS EQUIPMENT (Continued) *All vehicles to be fleet keyed alike Door edge guards. Tilt steering wheel. Power door locks. Carpet floor mats. Quartz clock. Electric windows. Moldings, front door delete (shipped loose with vehicle). CHASSIS Wheel Base: 106" minimum. Brakes: Power disc front and rear. Front and rear semi - metallic brake linings. Transmission: Automatic transmission. 4 -speed with overdrive. Differential: Front wheel drive configuration. Suspension: Heavy duty front and rear suspension, shocks and springs, stabilizer bar front and rear, manufacturer's maximum capacity suspension for handling. Steering: Power assisted. Wheels and Tires: Wheels 15" belted radial tires. Engine Compartment: Engine 3.1 L - V -6 design, 191 cu. in. displacement minimum, higher cooling capacity radiator - heavy duty, fuel filter, oil filter, air cleaner, heavy duty transmission cooler, etc. *This item is not optional. ELECTRICAL Heavy Duty Battery: Heavy duty (70 amp hour minimum). Generator: 120 amp. Radio: Standard. Lights: All lights to meet Minnesota Vehicle Code. COLOR Four at manufacturer's standard color - color to be chosen at time of order. MANUAL One (1) Parts Manual and One (1) Service Manual to be provided. OPTIONS 1. Left hand spotlight to be added or deleted at time order is placed. 2. Roof mounted spotlight to be added or deleted at time order is placed. PROPOSAL FOUR (4) COMPACT SEDANS TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: We propose to furnish and deliver four (4) police sedans according to the specifications at the following bid price: 1. Bid Price Per Unit 2. Total Bid Price (Four (4) Units) 3. Delivery Date (calendar days) Signed: Firm Name: Address: Date: Bid Opening: February 5, 1991, 11 a.m. CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) D.A.R.E. VAN DEPT. APPROVAL: Signature - title Ja es Lindsay, Chief of Police MANAGER'S RE /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached yes ) In the 1991 budget, the police department requested to purchase a van to be used by the D.A.R.E. officers and the crime prevention officer. The vehicle was requested as currently other department vehicles can be tied up for long periods while these officers are on speaking engagements or other of these types of assignments. We believe a van is preferable as they are often transporting cartons of equipment such as brochures, notebooks, et cetera; or items such as the TV /VCR. The attached specifications were drawn up by police staff and staff of the city garage. If approved, we anticipate publication of call for bids on January 23, 1991 and bid opening February 5, 1991 with a return to the Council for acceptance of bids on February 11, 1991. RECOMMENDATION: The City Council adopt the resolution approving the specifications and authorizing advertisement for bids for delivery of one (1) D.A.R.E. van. ll� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) D.A.R.E. VAN BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) D.A.R.E. van are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) D.A.R.E. van in accordance with said specifications. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) D.A.R.E. VAN 1. GENERAL All bids must be received at the office of the City Clerk on or before 11 a.m.,.February 5, 1991, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked 'Bid for D.A.R.E. Van." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The vans proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service, and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mention in this proposal are descriptive, but not restrictive, and used only to indicate type and standard of material or equipment desired. The van the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the van the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and service, as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of bids. 6. PROOF OF WORKER'S COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. GENERAL The vehicles and /or equipment called for herein shall be a new Compact Cargo Van currently advertised, models incorporating all the latest available changes and features, including all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. BODY Compact Cargo Van w /Rustproofing SEATING Two (2) bucket seats, vinyl upholstery, full foam padded seats MISCELLANEOUS EQUIPMENT Cigarette lighter. Tinted glass throughout. Factory air conditioning. Left and right outside mirrors approximately 6" x 8" Speedometer. Tilt steering wheel Front and rear bumpers painted Left and right visors CHASSIS Wheel Base: 109" minimum. Brakes: Power disc front Drum rear Transmission: Automatic transmission. Differential: Front /rear wheel drive configuration. Suspension: Standard duty Steering: Power assisted. Wheels and Tires: Belted radial tires /All season design tread Spare: Full -sized tire & rim Engine Compartment: Engine 6 cyl. F.I. design, 3 liter displacement minimum, higher cooling capacity radiator - heavy duty transmission cooler, heavy duty fuel filter, oil filter, air cleaner, etc ELECTRICAL Heavy Duty Battery: Heavy duty (70 amp hour minimum) Generator: 80 amp minimum Radio: Standard. Lights: All lights to meet Minnesota Vehicle Code. COLOR Manufacturer's standard color to be selected at bid opening. MANUAL One (1) Parts Manual and One (1) Service Manual to be provided. PROPOSAL ONE (1) COMPACT CARGO VAN FOR D.A.R.E. TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: We propose to furnish and deliver one (1) compact cargo van according to the specifications at the following bid price: 1. Total Bid Price 2. Delivery Date (calendar days) Signed: Firm Name: Address: Date: Bid Opening: February 5, 1991, 11 a.m. CITY OF BROOKLYN CENTER Counal Meeting Date_4Z/yZfL Agenda Item Numbe / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AWARDING CONTRACT FOR THE ANNUAL AUDIT *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APP OVAL: q o, 4 .4VJ Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached I have attached a copy of the proposal of Deloitte and Touche, our independent auditor, to conduct the annual audit of the financial statements and.transactions of the City. Deloitte and Touche has conducted the City audit for the past three years. In 1987 the City requested proposals from qualified certified public accounting firms to conduct the audit and awarded the contract to Deloitte and Touche. I believe that both the City Council and the staff have been pleased with both the quality of the audit and the presentation of the audit to the Council. The proposed cost of the audit by year can be found on page four of the proposal. For comparative purposes, the cost of the 1989 audit for the City (exclusive of the Fire Relief Association) was $19,735 compared to the 1990 projected cost of $22,000. The increased cost reflects the growth in the City's financial transactions over the past three years (including the activities of the Economic Development Authority; i.e. the Earle Brown Heritage Center, and Centerbrook Golf Course); new mandated audit requirements; and cost of living. It is the opinion of Staff that the increase in cost is justified and reasonable. It is also the opinion of Staff that the City should retain our present auditors for the next three years. What Deloitte and Touche have learned about the City's organization, operation, and plans in the past three years will be valuable experience in providing even better service to the City in the next three years. At the end of this three year period, Staff believes that the City should again seek proposals from other qualified certified public accounting firms. STAFF RECOMMENDATION Staff recommends that the certified public accounting firm of Deloitte and Touche be retained for three more years. Staff also recommends that the City request proposals from other qualified certified public accounting firms in 1993 for future • audits. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL --------------- - -- Pass the attached resolution awarding the contract for the annual audit for the years 1990, 1991, and 1992 to the certified public accounting firm of Deloitte and Touche. J (ACBCRAB) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING CONTRACT FOR THE ANNUAL AUDIT ----------------------=-------------------------- WHEREAS, in 1987, the City requested proposals from qualified certified public accounting firms to conduct the annual audit of the financial statements and transactions of the City; and WHEREAS, on December 28, 1987, the City Council reviewed the proposals and determined that the proposal of Deloitte and Touche was the best proposal submitted and awarded a three year contract for professional services to conduct the annual audit for the years 1987, 1988, and 1989; and WHEREAS, Deloitte and Touche has completed the three year contract and the City has been pleased with the professional services provided; and WHEREAS, Deloitte and Touche, at the request of the City, has submitted a proposal to conduct the annual audit for the calendar years 1990, 1991, and 1992; and WHEREAS, the City Council has reviewed the proposal and determined that the contract renewal is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the proposal of Deloitte and Touche to conduct the annual audit of the financial statements and transactions of the City for the calendar years 1990, 1991, and 1992 and to authorize the Mayor and City Manager to execute an agreement for those services. Date Mayor ATTEST: 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. Deloifte & ! Touche ®� 900 Pillsbury Center Facsimile: (612) 375 -5418 Minneapolis, Minnesota 55402 -1483 Telephone: (612) 333 -2301 January 4, 1991 Mr. Paul Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Paul: I have enclosed a revised proposal on our fee estimate for the audit for the City of Brooklyn Center. I have reviewed our time budgets for fiscal year 1989 and have included a breakdown in the engagement hours: Audit of General Purpose Financial Statements 558 Single Audit 55 Audit of Fire Department Relief Association and Preparation of Form 990 117 Board Presentation 20 750 As we discussed in our meeting Wednesday, we will work with Charlie Hanson in an effort to further reduce the professional hours. Please let me know if I can be of further assistance. Sincerely, T Patti L. Warden Manager PLW /mz Enclosure Member :::International CITY OF BROOKLYN CENTER council Meeting Data Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE OF A MICROCOMPUTER ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: BARBARA A. GALLO, MIS COORDINATOR MANAGER'S REVIEW RECOMMENDATION: -' No comment t s o supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The MIS Coordinator has determined that the microcomputer used by the license secretary in the City Manager's department is not worth repairing because the cost of repair is excessive in relation to the value of the five year old computer. The Department has need to purchase a replacement microcomputer and new wordprocessing software. The cost is estimated at $2,300. It is recommended that the Council approve the purchase of this microcomputer and new wordprocessing software, utilizing $2,300 of surplus Division 20 (Data Processing) capital outlay funds. Action Required A resolution is provided for Council consideration. Ilk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE OF A MICROCOMPUTER WHEREAS, the City's Management Information Systems Coordinator has determined that microcomputer (HP Vectra) used by the license secretary in the City Manager's department is not worth while to repair. The cost of repairing is excessive in relation to the value of the five year old computer; and WHEREAS, it is essential for that position to have a computer and the MIS Coordinator estimates a replacement could be purchased for $2,050; and WHEREAS, to maximize the effectiveness of this new computer, a new wordprocessing package should be purchase to go with it for an estimated $250; and WHEREAS, sufficient funds are available in the Data Processing Division 1991 capital outlay budget for this purchase because the cost for microcomputer hardware have fallen since the budget was prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The sum of $2,300 is appropriated from Object #4551, Division 20 for the purpose of purchase of a microcomputer. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 1 14 1 Agenda Item Number — L — L REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Accepting the Recommendations of the Brooklyn Center Housing Commission Contained in Housing Resolution No. 91 -1 DEPT. APPROVAL: Assistant EDA Coordinator SignattiKe title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached YES • Housing Commission Resolution No. 91 -1, which is included with this memorandum, essentially recommends the following two items to the City Council: 1. Adoption of an ACTION AGENDA which will serve as the framework for implementing the recommendations for the southeast neighborhood contained in the Housing Implementation Plan. 2. Appointment by the City Council of an ongoing advisory committee called the Earle Brown Neighborhood Housing Advisory Committee to implement the items contained in the ACTION AGENDA and consider any additional housing issues from the Housing Implementation Plan which are pertinent to the southeast neighborhood. Members of the original ad hoc southeast neighborhood advisory committee, which developed the ACTION AGENDA, are as follows: John Kalligher, Chair of the Ad Hoc Southeast Neighborhood Advisory Committee Nicholas Eoloff, Housing Commission Chairman Pamela Frantum, Housing Commission Member Robert Torres, Housing Commission Member Phil Cohen, Council Liaison Wallace Bernards, 5540 Bryant Avenue North Louis Sullivan, 2321 55th Avenue North Everett Lindh, 2107 55th Avenue North Jody Brandvold, 5345 Colfax Avenue North Ben Davidson, 5800 Girard Avenue North June Scofield, 5543 Fremont Avenue North Dolores Hastings, 5813 Aldrich Avenue North The following members from the original ad hoc southeast neighborhood advisory committee have expressed a willingness to serve on the Council- appointed Earle Brown Neighborhood Housing Advisory Committee: John Kalligher Pamela Frantum Robert Torres Everett Lindh Jody Brandvold June Scofield Dolores Hastings • 1 1L- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE BROOKLYN CENTER HOUSING COMMISSION CONTAINED IN HOUSING COMMISSION RESOLUTION NO, 91 -1 WHEREAS, the Brooklyn Center Housing Commission has adopted Resolution No. 91 -1 which contains specific recommendations to the City Council for the implementation of the elements of the Housing Implementation Plan for the southeast neighborhood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the recommendations of the Brooklyn Center Housing Commission contained in Housing Commission Resolution No. 91 -1 are hereby adopted. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. Commissioner Erickson introduced the following resolution and moved its adoption: HOUSING COMMISSION RESOLUTION NO. 91 -1 RESOLUTION ACCEPTING RECOMMENDATIONS OF THE SOUTHEAST NEIGHBORHOOD ADVISORY COMMITTEE FOR ADOPTION OF A SOUTHEAST NEIGHBORHOOD ACTION AGENDA AND CREATION OF THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE WHEREAS, the Brooklyn Center City Council has adopted Resolution No. 90 -152 entitled Resolution Accepting Recommendation of the Brooklyn Center Housing Commission and Adopting the Brooklyn Center Housing Implementation Plan; and WHEREAS, the Housing Implementation Plan recommends working with residents in the southeast neighborhood to develop a neighborhood revitalization strategy; and WHEREAS, the Southeast Neighborhood Advisory Committee was appointed as a temporary ad hoc committee of the Brooklyn Center Housing Commission to solicit neighborhood input for development of a southeast neighborhood revitalization strategy and to assist in creation of an ongoing residents' advisory committee in the southeast neighborhood; and WHEREAS, the Southeast Neighborhood Advisory Committee has formulated a Southeast Neighborhood Action Agenda addressing various housing issues in the southeast area; and WHEREAS, the Southeast Neighborhood Advisory Committee recommends creation of a council- appointed committee of between seven and 11 members from the southeast neighborhood to serve as an advisory committee to the Housing Commission to implement the Southeast Neighborhood Action Agenda and to consider other housing issues contained in the City's Housing Implementation Plan; and WHEREAS, the Southeast Neighborhood Advisory Committee recommends the name of the council - appointed committee be called the Earle Brown Neighborhood Housing Advisory Committee in recognition of the importance of the school districts in the overall identity of neighborhoods. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Housing Commission as follows: 1. The Southeast Neighborhood Action Agenda attached to this resolution is hereby accepted and forwarded to the Brooklyn Center City Council with a recommendation from the Housing Commission that it be adopted. HOUSING COMMISSION RESOLUTION NO. 91 -1 2. The recommendation for establishment of a housing advisory committee to be called the Earle Brown Neighborhood Housing Advisory Committee is hereby accepted and forwarded to the Brooklyn Center City Council with a recommendation from the Brooklyn Center Housing Commission for adoption of this recommendation. 3. The Brooklyn Center Housing Commission also recommends that in establishment of any future housing advisory committees for other Brooklyn Center neighborhoods consideration should be given in the naming of the committee to the school district and /or specific schools pertinent to the particular neighborhood. CHAIRMAN DATE The motion for the zot.on of the foregoing resolution was duly seconded by Commissioner PERKINS and upon vote being taken thereon, the following voted in favor thereof: COMMISSIONERS JENSEN, FRANTUM, NELSON, ERICKSON, TORRES, PERKINS, KALLIGHER AND EOLOFF. and the following voted against the same: NONE_ whereupon said resolution was declared duly passed and adopted. SOUTHEAST NEIGHBORHOOD ACTION AGENDA THE PROBLEM A. Homes needing maintenance. B. Homes that should be removed. C. Homes /premises in code violations. D. Rental properties. E. Other. POSSIBLE SOLUTIONS A. Encourage homes needing maintenance be brought up to code. B. Identify homes that should be removed. C. Enforce codes and ordinances where violations are found. D. Emphasize the City's rental licensing ordinance to bring absentee landlords into the process of keeping their properties up to code, general upkeep, etc. E. Other. IMPLEMENTATION TOOLS A. CODE ENFORCEMENT AND MAINTENANCE 1. Make it known publicly that the City intends to enforce the codes and ordinances. Start the process of working with home owners early on with the goal of gaining voluntary compliance within a specified time period. 2. The City should increase code enforcement efforts in the area of housing maintenance and related items, such as junked vehicles, outside storage, etc. Housing maintenance and related codes should be enforced as aggressively as possible. Code enforcement should also include commercial areas. 3. A major effort should be made to gain support of the neighborhood with regard to code enforcement. 4. New ordinances should be created if it is found they are necessary to accomplish neighborhood maintenance goals. 5. Develop "plain English" version of City's housing maintenance code. 6. Initiate code enforcement "sweeps" of entire southeast area. A "sweep" is a term used to describe a comprehensive block -by- -block enforcement effort aimed at covering an entire neighborhood. Neighborhood support for this type of enforcement effort is a key element for success. 7. Meet with the absentee landlords, either individually or together, to advise them of the intentions of the City regarding rental properties. 8. Work with City inspection department and vocational schools to develop a "primer" for home maintenance basics. 9. Sponsor neighborhood workshops on basic home maintenance. 10. Require as many home improvement grant recipients as is reasonably possible to attend basic home maintenance workshop. 11. Organize volunteer groups to perform painting and clean- up projects in the southeast neighborhood. B. FINANCE 1. Provide information on home rehab loans and grants that are available, including Home Equity Loans. 2. Provision of direct financial assistance from the City through the Economic Development Authority (EDA). Financial assistance to be provided to home buyers in the form of down - payment assistance or mortgage interest rate reduction. Target groups would be renters desiring to purchase a single- family home, including tenants presently occupying single- family rental homes. Minnesota Housing Finance Agency (MHFA) programs which target specific neighborhoods should also be considered as a source of financing. 3. Provide detailed information on a wide variety of mortgage financing and home improvement financing, both public and private. Information would include a description of the type of financing, program contacts (names, phone numbers, etc.), qualifying information etc. 4. Provide buyer counseling services for persons desiring to qualify and purchase single- family homes in the city. 5. Sponsor neighborhood workshops on basic mortgage and home improvement loan financing. C. NEIGHBORHOOD RENEWAL 1. Continue "spot renewal" program in which the City, through the EDA, purchases single - family properties for demolition and construction of new single- family homes. 2. Provide funding for the removal of two to three homes annually. D. COMMUNICATIONS AND PUBLIC RELATIONS 1. Commence an ongoing public relations program to advise all concerned residents of the area of the problems, proposed solutions and plan implementations /remedies, etc. 2. Explore the use of seniors in the southeast area to assist other seniors with housing- related items, such as home improvement grants and housing maintenance resources. 3. Create a newsletter focusing on housing- related issues and information in the southeast neighborhood. The newsletter should include items on code enforcement and housing maintenance and should emphasize positive things that are going on in the southeast area. E. ORGANIZATIONAL ISSUES 1. Use neighborhood watch groups as initial contact groups for feedback on southeast neighborhood housing initiatives and programs. 2. Form advisory group of professionals (i.e. bankers, social service providers, home construction experts, etc.) to serve as consultants to the southeast neighborhood committee. 3. Develop a joint purchasing group in the southeast neighborhood. The intent would be to provide lower cost housing- related goods and services, such as roof repair, ow removal, landscaping. painting, sn rem v . etc. p g F. ARCHITECTURAL /DESIGN SERVICES 1. Consider provision of design services to neighborhood residents interested in property improvements. 2. Consider development of prototype home designs that could be used for new construction or rehabilitation. l� Licenses to be approved by the City Council on January 14, 1991: BOWLING ALLEYS Beacon Bowl 6525 Lyndale Ave. N. Deputy Clejk CIGARETTE (OVER THE COUNTER SALES) Brooklyn Center American Legion 4307 70th Ave. N. Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Duke's Amoco 6501 Humboldt Ave. N. Gift Shop, Too (Days Inn) 1501 Freeway Blvd. Deputy C1 GASOLINE SERVICE STATION Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Duke's Amoco 6501 Humboldt Ave. N. Total Petroleum, Inc. 6830 Brooklyn Blvd. Deputy Cl k ITINERANT FOOD ESTABLISHMENT ^^+ Orchard Lane Elementary School 6201 Noble Ave. N. Sanitarian LODGING ESTABLISHMENT Brookdale Motel 6500 West River Road Budgetel Inn 6415 James Circle Days Inn 1501 Freeway Blvd. Sanitarian OFF -SALE NONINTOXICATING LIQUOR Jerry Enterprises d/b /a Jerry's NewMarket 5801 Xerxes Ave. N.� G�GL h of of Police POOL AND BILLIARDS TABLES Days Inn 1501 Freeway Blvd. Deputy Cl k PUBLIC DANCE Days Inn 1501 Freeway Blvd. Deputy C1 k RENTAL DWELLINGS Initial: Muchtar Sajady 7205 Perry Court East Renewal: Real Estate Equities Brookside Manor Apartments John and Diane Stephens 3824 Burquest Lane H. E. Homes, Inc. 6804 Fremont Place H. E. Homes, Inc. 6809 Fremont Place Jerry and Karen Fobbe 4811 Lakeview Ave. N. Swanson Investments 7230 West River Road Swanson Investments 7250 West River Road Edward C. Sass 5101 -03 Xerxes Ave. N. �� Howard and Harriet Oien 3606 58th Ave. N. � - Director of Planning Q1l and Inspection l � SWIMMING POOL Brighton II Ltd. Ptnshp. Timber Ridge Apartments 6507 Camden Ave. N. Sanitarian f� GENERAL APPROVAL: P. Page, Deb ty Clerk