HomeMy WebLinkAbout2011 04-25 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
April 25, 2011
6:00 p.m.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
a. Invitation to President- Centennial Celebration
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
{' MISCELLANEOUS
Councilmember Roche requested an update on the potential of flooding along the Mississippi
River. Public Works Director /City Engineer Steve Lillehaug stated the National Weather
Service is vague on the Mississippi River in Brooklyn Center and not yet predicting a crest but
has determined the probability of flooding is somewhat lowered. He indicated that staff will
continue to monitor the situation and keep the Council updated.
Councilmember Roche stated there has been sandbagging at the property just north of I -694 at
TH252. Mr. Lillehaug reported that so far six property owners had taken advantage of sandbags
and sand.
Councilmember Roche reviewed the upcoming community events and advocated for the City to 1
send a formal invitation to the White House to come to Brooklyn Center and celebrate its 1
Centennial this summer. He stated the invitation could highlight how the City successfully
leveraged use of public works stimulus funds. Mr. Boganey stated that City staff has not sent a
formal invitation to the White House.
Mayor Willson advised that the Centennial Committee did send a formal invitation to the White
House. He indicated that he was not opposed to the suggestion and would be happy to sign such
a letter if approved by the Council. However, he noted that a lot of logistics are involved during
a Presidential visit.
Councilmember Roche stated such an invitation could provide the possibility of "opening a
window" and he would be happy to coordinate the letter and make contact with the elementary
schools to also send invitations.
Councilmember Ryan stated that while this is a nice thought, the President's security detail is
another consideration.
Councilmember Ryan requested discussion on the March 23, 2011, letter from Hennepin County
Taxpayer Services and the March 28, 2011, letter from Hinshaw & Culbertson LLP relating to
the redevelopment of Brookdale and Sears. Mr. Boganey explained the Hennepin County letter
acknowledges receipt of the City's notice to create a new TIF district and is a favorable response.
Mr. Eitel noted it also indicates the TIF district satisfies the preference of Hennepin County for
use of tax increment financing as a tool of last resort.
Mr. Boganey stated the letter from Hinshaw & Culbertson LLP, representing Sears, contains an
inaccurate statement that they had received assurances the Council would not take action prior to
April 11. Mr. Boganey advised that statement had not been made and the letter contained
nothing that is not a repetition of previous comments.
Mayor Willson announced a panel discussion will again take place at the Brookdale Library the
first weekend in April. The same pastor will be facilitating "Why do Bad Things Happen to
Good People."
03/28/11 -2-
( CITY COUNCIL MEETING
City of Brooklyn Center
April 25, 2011 AGENDA
1. Informal Open Forum with City Council — 6:45 p.m.
— provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Form will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation — 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting. A copy of the frill City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance
6. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember so requests, in which event the item will be removed from the consent
agenda and considered at the end of Council Consideration Items.
a. Approval of Minutes
1. April 6, 2011 — Reception and Joint Work Session with City Commissions
2. April 11, 2011— Study Session
3. April 11, 2011 — Regular Session
4. April 11, 2011 — Work Session
5. April 18, 2011 — Board of Appeal and Equalization
b. Licenses
C. Resolution Adopting a "Request for Proposals" Document for Providing
Insurance Agent of Record Services
d. Resolution Accepting Quotation and Awarding a Contract for 2011 Diseased Tree
Removal
e. Resolution Amending the City's Fee Schedule to Add Online Permit Transaction
Fee
CITY COUNCIL AGENDA -2- April 25, 2011
f. Resolution Amending the City Fee Schedule to Remove License Fees for Tattoo
and Body Piercing Establishments and Private Kennels; and to Add License Fee
for Rental License Reinstatement
g. Resolution Authorizing the Execution of a Cooperative Agreement between the
City of Minneapolis and the City of Brooklyn Center Regarding Bicycle Parking
Project
h. Resolution Authorizing Traffic Control Signal Agreement No. 97861M for the
Intersections at Trunk Highway No. 100 at County State Aid Highway (CSAH)
No. 57 (57 Avenue. North) between the Mimlesota Department of
Transportation, Hennepin County and the City of Brooklyn Center
i. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2011 -01, 02, 03 and 04, Palmer Lake East Neighborhood Street and Utility
Improvements
j. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2011 -05 and 06, Unity Avenue and Shingle Creek Parkway Street Improvements
k. Resolution Approving Final Plat for 6536 Willow Lane (STORLA ADDITION)
1. A Transitory Ordinance Relating to the Regulation of Signs; Adding New
Brooklyn Center City Code, Section 34- 140.2.p
m. Resolution Supporting Hennepin County Sheriff's New Regional 911 Emergency
Communications Facility
n. Application and Permit for Temporary On -Sale Liquor License Submitted by The
Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held
May 7, 2011
7. Presentations/ Proclamations /Recognitions /Donations
a. Proclamation Declaring May 15 -21, 2011, Public Works Week in Brooklyn
Center
Requested Council Action:
Motion to adopt proclamation.
8. Public Hearings
—None.
9. Planning Commission Items
None.
10. Council Consideration Items
None.
CITY COUNCIL AGENDA -3- April 25, 2011
11. Council Report
12. Adjournment
Agenda Items Tabled or Continued
An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01
and 4.02
—This item was first read on April 12, 2010; was published in the official
newspaper on April 22, 2010; and the Public Hearing was continued at the
May 10, 2010, meeting until such time as the Charter Commission makes its
recommendation to the City Council.
Resolution Establishing Fees for Community Garden Plots Regulated by the City of
Brooklyn Center
—This item was tabled at the May 10, 2010, meeting.
t
We,the property owners of 59b and Upton Avenue North in Brooklyn Center,need to voice certain concerns in regard to the Shingle
Creek Bank Restoration Project.
We are in favor of cleaning up the water quality,the area along the wood line,and in general making this area a true esthetic value.
However,as the only six private properties that directly abuts city property,we have concerns unique to our situation.
A main concern is the affect to the value of our homes. This project,will affect the view we have of shingle creek. In doing so,the
esthetic value of the properties will decline significantly. We understand the necessity for a"buffer system"for the filtration of water
run off into the water system. However,in our case,the buffer of"native vegetation"is slated to come all the way to the property lines
-in some places as far as 40 to 50 feet. Where there will then be a rock/boulder placed on each corner of the lot.
What we are asking for is to find a happy medium to this situation. The filtration buffer needs only to extend 10 to meet the needs of
what it is intended. B planting to the r h time owners of the
By p ng o line,the mix that is )anted will eventual) o to seed at whic ttm the owne
property Y g
P
will need to deal with the overgrowth.
property 1�'
We would like to maintain our view of the creek so we can continue to enjoy the egrets,wood ducks,mergansers,mallards,geese,
river otter,herons,muskrats,bald eagles,golden.eagles,a few deer,turkey,and all the song birds that we already are privileged to see.
We have all gone out of our way to bejrgood stewards to the land.
Mostly we would like a voice in the decisions that are going to directly affect our properties. To work with the city to gain a mutually
beneficial resolve.
Could we lease split the difference p p between where the planting takes lace and the roe lines. Is there an way the placing a rock
P g P property rtY Y Y P g
on the property corner could be eliminated since it will unnaturally out of place? Could we please obtain a listing of the seeds that are
in the seed mix that will be planted? And last,but certainly not least,could you please give us a voice and input in what will be taking
place in our back yards.
Again all we are asking for is a happy medium and a little compromise.
Sincerely,
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City Council Agenda Item No. 6a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS
APRIL 6, 2011
COMMUNITY CENTER — CONSTITUTION HALL
RECEPTION
A Reception and general conversation period was held in Constitution Hall from 6:00 p.m. until
6:30 p.m.
CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Charter, Housing,
Financial, Parlc and Recreation, and Planning Commissions and was called to order by Mayor
Tim Willson at 6:30 p.m.
IN ATTENDANCE
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan.
Councilmember Tim Roche was absent and excused.
City Staff present were City Manager Curt Boganey, Assistant City Manager/Director of
Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Public
Works Director /City Engineer Steve Lillehaug, Fire Chief Lee Gatlin, Community Activities,
Recreation and Services Director Jim Glasoe, Community Development Specialist Tom Bublitz,
Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti,
and Fiscal and Support Services Director Dan Jordet.
Commissioners present were Charter Commissioners Stan Leino, Marls Yelich, Bee Yang, and
Mary O'Connor; Housing Commissioners Kris Lawrence - Anderson, Ephraim Olani, Kathie
Amdahl, Tracy Groves, and Judy Thorbus; Financial Commissioners Dan Schueller and
Teneshia Plunkett; Parlc and Recreation Commissioners Tom Shinnick, Roger Peterson, Bud
Sorenson and John Russell; and Planning Commissioner Sean Rahn.
PRESENTATIONS BY CITY COMMISSIONS
Charter Commission Charter Commission Member Mark Yelich stated that he was new to the
commission this year and their first meeting was coming up to review items to address in 2011.
The Commission worked on establishing Charter language to establish an administrative penalty
system, which was implemented. Chair Stan Leino then arrived and reported on three items. 1)
the Commission heard a request for a ward system versus at -large system of election for Council
Members, but did not proceed due to lack of interest; 2) the Commission is working to clean up
( old language in the Charter, for example renaming the "treasurer" to the "finance director "; and
3) the Commission is in the middle of cleaning up the by -laws.
04/06/11 4- DRAFT
Financial Commission Commissioner Dan Schueller stated the Commission had worked on
recruiting new members in 2010 and now was full with seven members. He stated addressing
the budget has been the main focus of the Commission with the main challenge being cuts in
state aid and LGA. The Commission also worked on special assignments such as reviewing
auditors and selecting insurance agents.
Housing Commission Chair Kris Lawrence - Anderson indicated that one major accomplishment
was the creation and implementation of the New Neighbor Welcome Program. The
Commission's PowerPoint indicated the goals and specifics of the program. The program
continues to evolve. The Commission is working with the Police Department to recruit
Neighborhood Watch Captains and is working with Brooklyn Center High School to assist with
the program. The high school will be involved in collating and storing the bags, as well as have
students assist with the delivery. This will serve as credit for volunteer hours for the students to
aid with college applications. The Commission would like to recognize the students through
awards by the Housing Commission or by the City Council.
A new initiative in 2011 is to implement a City Community Gardens. They would like to have a
program in place by 2012 similar to Brooklyn Park. The first year would have a financial cost,
but it could be self supporting subsequent years.
Many of the Housing Commission members donate more than 20 hours, beyond the 1 %2 hour
monthly meeting. She stated this had been a very collaborative Commission.
Park and Recreation Commission Chair Bud Sorenson listed the members of the Commission
and indicated the Park Service Areas that each represented. The Commission's PowerPoint
presentation highlighted its work in 2010. Some 201 activities included the Commission adopted
two parks, reviewed the Capital Improvement Program, reviewed the design and location for the
Proposed Amphitheater, reviewed and made recommendations to the Council for the Twin Lake
Regional Trail Master Plan, heard and supported a request to change the name of Central Park to
Centennial Park, started the review of a Tobacco Free Park Policy and conducted the Annual
Parks Tour. For 2011, initiatives include Monitor CARS activities and the CIP, conduct the
Annual Parks Tour and address Strategic Plan Goals SG4 (d.o.2) and SG5 (d.o.1).
Planning Commission Chair Sean Rahn began by thanking staff. The Commission has been
working primarily on Strategic Goal #2- Aggressively Proceeding with Implementation of the
City's Redevelopment Plans, and Ongoing Goal #5- Improving the City's Image. A PowerPoint
explained in detail some of the activities of 2010 such as finalizing the Comprehensive Plan and
focusing on several redevelopment areas. A 2011 Development Projects map was distributed
highlighting the sites with opportunities. Several projects were reviewed for 2010, with some
developments anticipated for 2011. The Northwest Family Services Building is approved and
waiting for financing, Luther Auto is planning to proceed with the Honda Toyota building, the
FBI building is being built, and Boulevard Market is waiting for financing.
For 2011, the former Brookdale Ford site will be a catalyst for the remaining Opportunity Site.
The Brookdale Site redevelopment is under review and anticipated to have a new plan presented
at the Commission on April 14, 2011.
04/06/11 -2- DRAFT
City Manager Boganey stated that he would like to recognize all the efforts and time, and useful
and valuable input by all the Commissions. He then opened up the meeting for questions and
comments.
• question was asked if the Council would consider allowing prairie grass for the environment.
• question was asked if houses were going to be taken for the trail along 57 Ave. City
Manager Boganey replied that no houses would be taken for that project.
The Mayor stated that he appreciated all the great work of the Housing Commission and
appreciated all the Commissions' time and work.
A question was asked about the tags on the trees along Shingle Creek. Steve Lillehaug replied
that these are ID tags. Some trees will be removed and some saved as part of the Creels
Restoration project.
A question was asked if code enforcement activities would be the same this year and if there
would be interns. Mr. Boganey replied that the levels of code enforcement would be similar to
last year with two interns again this year.
Mayor Willson thanked everyone for their participation. Councilmembers Kleven, Ryan, and
Lasman all expressed their thanks for the work of the Commissions and the commitment of the
members to the community.
ADJOURNMENT
The meeting was adjourned by City Manager Boganey at 7:25 p.m.
04/06/11 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
APRIL 11, 2011
CITY HALL — COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan
Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer
Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant - City
Manager /Director of Building and Community Standards Vickie Schleuning, and Carla Wirth,
TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
-None.
MISCELLANEOUS
Councilmember Kleven expressed thanks to all who were responsible for the purchase of bike
racks at Northport Elementary School and for all the help with the new playground.
Councilmember Kleven referenced Mr. Boganey's April 1, 2011, memorandum advising of
reduction in crime activity and asked about drug statistics. City Manager Curt Boganey stated
the memorandum addresses Part I crimes and drug activities would be a Part II crime. He
explained he does not receive a general report on the number of drug - related arrests.
Councilmember Kleven referenced a recent article announcing that the Brooklyn Center Brewery
plans to build a $20 million restaurant /entertainment establishment. The Council indicated
support for this establishment to remain in Brooklyn Center. Mr. Boganey stated since this came
before the Legislature, staff has been in regular contact with Mr. Omar Ansari, the owner, and
encouraged him to not overlook Brooklyn Center.
Councilmember Lasman asked if the current facility will remain open. Mr. Boganey stated he
would have to clarify that matter because he interpreted the legislation to mean that only a single
license at a single location would be issued. He indicated that Mr. Ansari is looking to expand
brewing capacity at the new location.
Councilmember Lasman reported on ideas she learned from the National League of Cities
04/11/11 -1- DRAFT
Conference held in Washington, D.C. including the following: publication of a map to provide .
advanced notification when Code Enforcement will be in neighborhoods, which may resolve
some issues prior to inspection, saving the City time and money; use of Twitter and Facebook to
advertise /notify of events; educational articles in the spring newsletter encouraging the use of
"green" methods to capture and reuse rain water for irrigation; and, emphasizing the importance
of "People" and "Planet," knowing that "Productivity" will come as a natural result if priorities
are in line.
Councilmember Lasman asked if the City's car wash businesses recycle City water. Mr.
Boganey responded he does not know and will find out.
Councilmember Lasman stated she had previously earned the Bronze Award and now earned the
Silver Award from the National League of Cities Conference. She stated she thought the City's
Travel Policy allowed out -of -State conference travel twice a term and requested authorization to
attend the Conference for several days in Phoenix, Arizona, in November /December of 2011, to
receive the Silver Award.
The majority of the City Council indicated no objection and requested staff provide additional
information regarding the City's Policy for out -of -State travel.
Councilmember Ryan expressed his interest in attending the National League of Cities
Leadership Conference scheduled in September of 2011 in Minneapolis.
( The majority of the City Council indicated no objection and asked staff to provide additional
information regarding the City's Policy for in -State training.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
OPPORTUNITY TO ACQUIRE 5.7 ACRES
FOR FUTURE HOUSING OPPORTUNITIES
(PORTIONS OF PHASE II EASTBROOK ESTATES)
Director of Business and Development Gary Eitel presented the offer by David Evanson,
owner /developer of Eastbrook Estates, to acquire 5.7 acres of land that was assembled as part of
the single - family subdivision of Eastbrook Estates. He noted that on January 26, 2004, the
Council granted preliminary plat approval to the subdivision known as Eastbrook Estates 2 °d
Addition of approximately 8.75 acres into 29 single - family lots. This development was
envisioned to provide new home construction opportunities and part of the development went
forward. However, the downturn in the housing market and development costs stopped the
project from completion. He displayed a map depicting the subject site and several examples of
projects that involved assembling of several sites.
Mr. Eitel advised there are sufficient funds in Tax Increment Financing No. 3 Housing Fund and
read the Council policy issues:
04/11/11 -2- DRAFT
1. Does the City Council believe that it is in the community's best interest to reserve this
land to maximize future housing redevelopment opportunities for the community?
2. Does the City Council support the prioritizing of the use of TIF No. 3 Housing Funds for
this acquisition?
Mayor Willson asked about the ownership of two occupied parcels within the subject site. Mr.
Eitel advised one is a single - family home and the other a group home. A third parcel, 75 feet in
width, is owned by another developer. Mayor Willson asked staff to determine the status of that
parcel.
Councilmember Kleven expressed concern that the parcels do not have access to Highway 252
from 69 Avenue and there would be additional costs to prepare the site for development
including costs to remove trees, install utilities, and streets.
Councilmember Roche stated this is only two - thirds of the opportunity because the other one -
third comprises the two parcels to the north of 69 Avenue N. that opens to 70 Avenue N. He
explained that land was the original farm, could offer a top -of -the -line organic community
garden with parking on 69 Avenue N., so he supported expanding the discussion to include
those two parcels north of 69 Avenue N. comprising 2.6 acres.
Councilmember Ryan stated the City has an opportunity to purchase the property at a significant
discount. He asked, if the Council determines to move forward with the purchase and hold the
property for a period of time until the economy recovers, could it be sold at a profit. Mr.
Boganey stated in theory, when the market improves, that could be the case but there is no
promise of a profit. Councilmember Ryan asked about the taxes paid by this property. Mr. Eitel
stated he believed taxes were minimal and he would obtain that information for the Council's
consideration at the Work Session.
Councilmember Kleven asked who pays for development costs if the land is sold. Mr. Boganey
stated in a strong market the developer would cover those costs, expecting to recover the costs
through the lot sales. Councilmember Kleven noted permission would be needed to install a
roadway, which would involve an additional cost. Mr. Eitel explained the property would have
to be assembled, right -of -way dedicated for streets and utility easements, and the developer
would probably develop a different plan that includes a more efficient street design.
Mayor Willson stated he has no qualms with talking about purchasing this land because the City
could assemble the parcels for a higher and best use. He indicated he would look for the City to
develop the property to increase the tax base, not sell it to make a profit.
ADJOURNMENT
Councilmember Roche moved and Councilmember Ryan seconded to close the Study Session at
6:45 p.m.
Motion passed unanimously.
04/11/11 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
APRIL 11, 2011
CITY HALL — COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, Dan Ryan.
Also present were City Manager Curt Boganey, Director of Business and Development Gary
Eitel, Assistant City Manager /Director of Building and Community Standards Vickie
Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver
Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. .
Bill Weisberg, 8727 Westmoreland Lane, St. Louis Park, suggested, in effort to improve the
City, that banks and lenders be required to bring foreclosed properties up to code or an
acceptable standard of livability prior to sale.
Stephanie Statz, 7435 West Franklin Avenue, St. Louis Park, stated she purchased a duplex at
819 -821 55t Avenue N. and disputed the $500 conversion fee since it was clearly constructed as
a duplex.
Councilmember Lasman clarified the Council's past consideration of point of sale options as
questioned by Mr. Weisberg.
Mr. Boganey asked Mr. Weisberg how his suggested proposal would result in a different
outcome than the City's vacant building ordinance that required the owner of record to register
property if vacant for 30 days and Code compliance prior to reoccupation. Mr. Weisberg stated
he is suggesting the upgrade be required by the lending institution, not a new buyer /owner.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 7:00 p.m.
Motion passed unanimously.
04/11 /11 -1- DRAFT
2. INVOCATION
Councilmember Ryan requested a moment of silence and personal reflection for victims of
domestic abuse and the families involved in the recent tragedy at Brooklyn Park Festival Foods.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:01 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan,
Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer
Steve Lillehaug, Director of Business and Development Gary Eitel, _Assistant City
Manager /Director of Building and Community Standards Vickie Schleuning, Fire Chief Lee
Gatlin, Planning & Zoning Specialist Tim Benetti, City Attorney Charlie LeFevere, and Carla
Wirth, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Roche seconded to approve the Agenda
and Consent Agenda, and the following consent items were approved:
I
6a. APPROVAL OF MINUTES
1. March 28, 2011 — Study Session
2. March 28, 2011 — Regular Session
3. March 28, 2011 — Work Session
4. April 4, 2011 — Board of Appeal and Equalization
6b. LICENSES
MECHANICAL
Assured Heating A/C 13571 Balsam Lane, Dayton
CenterPoint Energy 9320 Evergreen Boulevard, Coon Rapids
Central Heating and Cooling 26009 Nightingale Street NW, Isanti
Istel's Installation 2500 Highway 88, St. Anthony
Gorham Oien Mechanical 841- Forest Avenue E, Mora
Lee's Heating & Air 10500 7 th Street NE, Blaine
Northern Heating & Air 9431 Alpine Drive NW, Ramsey
RENTAL — CURRENT RENTAL STANDARDS
04/11/11 -2- DRAFT
INITIAL (TYPE III — one-year license)
6813 Humboldt Avenue N — B304 Raymond Charest
Passed with Weather Deferral
INITIAL (TYPE II — two-year license)
4112 61 Avenue N. Christina Duong
2923 68 Lane N. Steven Pfeiffer
5330 Girard Avenue N. Charles Bright
6807 Humboldt Avenue N. — C101 Raymond Charest
Passed with Weather Deferral
6807 Humboldt Avenue N. — C204 Raymond Charest
Passed with Weather Deferral
6813 Humboldt Avenue N. — B 102 Raymond Charest
Passed with Weather Deferral
6813 Humboldt Avenue N. — B203 Raymond Charest
Passed with Weather Deferral
6813 Humboldt Avenue N. — B204 Raymond Charest
Passed with Weather Deferral
6819 Humboldt Avenue N. — A102 Raymond Charest
Passed with Weather Deferral
6819 Humboldt Avenue N. — A104 Raymond Charest
Passed with Weather Deferral
6819 Humboldt Avenue N. — A201 Raymond Charest
Passed with Weather Deferral
6819 Humboldt Avenue N. — A204 Raymond Charest
Passed with Weather Deferral
2913 Nash Road Michael & Beverly Bernier
RENEWAL (TYPE III— one-year license)
6031 Colfax Avenue N. J Thomas Equities LLC
6806 Drew Avenue N. Thomas Davidson
6437 Scott Avenue N. Greg Gervlis
RENEWAL (TYPE II — two-year license)
909 58 Avenue N. Clinton Blaiser
Passed with Weather Deferral
6906 Newton Avenue N. Eric Syrstad
Passed with Weather Deferral
6930 Newton Avenue N. Desra Widdel
Passed with Weather Deferral
6400 Quail Avenue N. Pavel Sakurets
Passed with Weather Deferral
6605 Xerxes Place N. Ryan Bernard
RENEWAL (TYPE I — three-year license)
( River Glen Apartments/ 407 70 Avenue N. Gary Brummer
04/11/11 -3- DRAFT
3012 -18 51 Avenue N. Steven & Debra Elhardt
470063 d Avenue N. Lin Shuang, LLC
430766 1h Avenue N. Patrick Doring
6117 Beard Avenue N. Cynthia Grant
6915 Brooklyn Boulevard Curtis Cady
5903 Emerson Avenue N. Chai Lee
7033 Unity Avenue N. Matthew Vetter
SIGNHANGER
Spectrum Sign Systems, Inc. 2025 Gateway Circle, Centerville
6c. RESOLUTION NO. 2011 -53 DESIGNATING 2011 PLANTING LIST OF
ALLOWABLE BOULEVARD TREE SPECIES
6d. RESOLUTION NO. 2011 -54 ACCEPTING THE EXECUTIVE SUMMARY
FROM DONALD SALVERDA AND ASSOCIATES FROM THE CITY OF
BROOKLYN CENTER CITY COUNCIL AND DEPARTMENT HEADS
2011 LEADERSHIP PLANNING AND TEAM BUILDING RETREAT AND
ADOPTING A MISSION STATEMENT, VALUES STATEMENT, AND
GOALS PROGRAM
6e. RESOLUTION NO. 2011 -55 ESTABLISHING FEES FOR COMMERCIAL
FIRE INSPECTIONS
Motion passed unanimously.
7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS
7a. RESOLUTION NO. 2011 -56 EXPRESSING RECOGNITION AND
APPRECIATION OF JAMES RICHARDS FOR HIS DEDICATED PUBLIC
SERVICE ON THE HOUSING COMMISSION
Mayor Willson read in full a resolution expressing recognition and appreciation of James
Richards for his dedicated public service on the Housing Commission
Councilmember - Lasman moved and Councilmember Roche seconded to approve
RESOLUTION NO. 2011 -56 Expressing Recognition and Appreciation of James Richards for
his Dedicated Public Service on the Housing Commission.
Motion passed unanimously.
7b. RESOLUTION NO. 2011 -57 RECOGNIZING THE DESIGNATION OF
BROOKLYN CENTER AS A TREE CITY USA FOR THE NINETEENTH
CONSECUTIVE YEAR, AND PROCLAMATION DECLARING APRIL 29, 2011,
AS ARBOR DAY AND MAY 2011, AS ARBOR MONTH IN BROOKLYN
CENTER
04/11/11 -4- DRAFT
Mr. Boganey introduced the item and recommended adoption of the resolution and proclamation.
Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -57 Recognizing the Designation of Brooklyn Center as a Tree City USA for the
Nineteenth Consecutive Year, and PROCLAMATION Declaring April 29, 2011, to be Arbor
Day and May 2011 to be Arbor Month in Brooklyn Center.
Mayor Willson advised of the Girl Scout interest to participate with tree planting and encouraged
other interested organizations to contact City Hall.
Motion passed unanimously.
7e. PROCLAMATIONS DECLARING APRIL 16 -23, 2011, AS THE GREAT
SHINGLE CREEK WATERSHED CLEANUP WEEK AND APRIL 22, 2011, AS
EARTH DAY IN BROOKLYN CENTER
Public Works Director /City Engineer Steve Lillehaug introduced the items, advised of scheduled
events, and requested the Council's support by adopting the proclamation.
Councilmember Lasman moved and Councilmember Roche seconded to approve
PROCLAMATIONS declaring April 16 -23, 2011, to be the Great Shingle Creek Watershed
Cleanup Week and April 22, 2011, to be Earth Day in Brooklyn Center and acknowledging the
donations from the American Legion and Sons of American Legion.
Mayor Willson read in full Proclamations Declaring April 16 -23, 2011, as the Great Shingle
Creek Watershed Cleanup Week and April 22, 2011, as Earth Day in Brooklyn Center.
Motion passed unanimously.
7d. RESOLUTION NO. 2011 -58 EXPRESSING APPRECIATION FOR THE
DONATION FROM XCEL ENERGY FOR A $700 GRANT TO BE USED FOR
THE PURCHASE OF GPS EQUIPMENT
Mayor Willson read in full a resolution expressing appreciation for the donation from Xcel
Energy for a $700 Grant to be used for the purchase of GPS equipment.
Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -58 Expressing Appreciation for the Donation from Xcel Energy for a $700 Grant to be
used for the Purchase of GPS Equipment.
Motion passed unanimously.
04/11/11 -5- DRAFT
8. PUBLIC HEARINGS
8a. ESTABLISHING A SPENDING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO.2
Director of Business and Development Gary Eitel introduced the item and explained that, the
State Legislature had adopted, in 2010, the Temporary Tax Increment Financing (TIF) Authority
Act, temporary legislation to authorize cities and entities with TIF authority to use those funds to
stimulate job creation. He advised of the required findings and presented the Spending Plan that
identified use of TIF for the Shingle Creek Storm Water Management Improvements and a
portion of the Embassy Suites Link to the Heritage Center. The use of an interfund loan from
TIF District No. 2 to TIF District No. 5 has been identified as a funding source for the Brookdale
redevelopment/Shingle Creek Crossing project. The Plan also allows the EDA the option to
consider other projects that could be available under this criteria.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
No one addressed the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2011 -59 APPROVING A SPENDING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO.2
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2011 -59 Approving a Spending Plan for Tax Increment Financing District No. 2.
Motion passed unanimously.
8b. ORDINANCE NO. 2011 -02 AMENDING AND REPEALING - CERTAIN
SECTIONS OF CHAPTERS 1 AND 19 RELATING TO PRIVATE KENNEL
LICENSES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the ordinance
amendment since previously grandfathered private kennel licenses are no longer effective.
Councilmember Roche moved and Councilmember Lasman seconded to open the Public
Hearing.
Motion passed unanimously.
No one addressed the City Council. C
04/11/11 -6- DRAFT
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE
NO. 2011 -02, An Ordinance Amending and Repealing Certain Sections of Chapters 1 and 19
relating to Private Kennel Licenses.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2011 -007 SUBMITTED BY JON
VAN EYLL
Planning & Zoning Specialist Tim Benetti provided an overview of Planning Commission
Application No. 2011 -007 submitted by Jon Van Eyll requesting a Planned Unit Development
(PUD) approval and Master Special Use Permit (Master SUP) to allow educational and religious
uses in the PUD/I -1 Zoning District along with a daycare operation in conjunction with an
educational use. He displayed a site plan depicting current and proposed uses and indicated staff
was comfortable parking would be sufficient since religious uses would on weekends and not
conflict with office uses during the week. The application also included approving a childcare
( center in conjunction with the learning center which would only be available for children of
students attending the school. Mr. Benetti advised the Planning Commission unanimously
recommended approval of the applications at its March 31, 2011, meeting subject to eight
conditions as detailed in the resolution.
1. RESOLUTION NO. 2011 -60 REGARDING THE RECOMMENDED
DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011-
007 SUBMITTED BY JON VAN EYLL OF WIRTH COMPANIES AND
ON BEHALF OF PALMER LAKE PLAZA
The Council agreed with the recommendation of City Attorney Charlie LeFevere to revise
Condition 8 by striking the words "If necessary" since the declaration will be required.
Councilmember Roche moved and Councilmember Lasman seconded to approve
RESOLUTION NO. 2011 -60, Regarding the Recommended Disposition of Planning
Commission Application No. 2011 -007 submitted by Jon Van Eyll of Wirth Companies and on
Behalf of Palmer Lake Plaza, as amended removing the words "If necessary" from Condition 8.
Motion passed unanimously.
Mr. Boganey commended staff for this unique approach to create a Master CUP with established
criteria that provided the property owner with necessary flexibility to self -manage this facility
while protecting the interests of the City. The Council concurred.
04/11/11 -7- DRAFT
10. COUNCIL CONSIDERATION ITEMS
10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 5636 FREMONT AVENUE NORTH
Assistant City Manager /Director of Building and Community Standards Vickie Schleuning
advised that 5636 Fremont Avenue North was inspected and 13 property code violations were
cited and ultimately corrected. This property qualifies for a Type IV six -month provisional
rental license based on the number of property code violations found during the initial rental
license inspection. The property owner is also required to submit a mitigation plan and report
monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion
with the property owner and recommends approval based on meeting standards in the mitigation
plan.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
No one addressed the City Council.
Councilmember Roche moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Roche seconded to approve the issuance of
a Type IV six -month provisional rental license and mitigation plan for 5636 Fremont Avenue
North, with the requirement that the mitigation plan must be strictly adhered to before a renewal
rental license would be considered.
Motion passed unanimously.
10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 3815 52 AVENUE NORTH
Ms. Schleuning advised that 3 815 52 Avenue North was inspected and 12 property code
violations were cited and ultimately corrected. This property qualifies for a Type IV six -month
provisional rental license based on the number of property code violations found during the
initial rental license inspection. The property owner is also required to submit a mitigation plan
and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held
discussion with the property owner and recommends approval based on meeting standards in the
mitigation plan.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
04/11/11 -8- DRAFT
Philip Stevenson, 224 West 27 Street, Minneapolis, applicant, stated his intention to follow the
mitigation plan as well as Police Department suggestions.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Roche seconded to approve the issuance of a
Type IV six -month provisional rental license and mitigation plan for 3815 52 °a Avenue North,
with the requirement that the mitigation plan must be strictly adhered to before a renewal rental
license would be considered.
Motion passed unanimously.
10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 3112 QUARLES ROAD
Ms. Schleuning advised that on November 9, 2010, a Type IV Rental License was approved for
3112 Quarles Road on the condition of adherence to the mitigation plan. However, the owner
failed to complete Phase II of the Crime Free Housing Program or attend a minimum of 25
percent of Owners /Managers Association (ARM) meetings, as required in the mitigation plan.
Ms. Schleuning presented a summary of the license process actions and recommended, because
the Type IV rental license conditions have not been met, that the license be renewed as a Type
IV Rental License. .
The Council noted this recommendation to renew the license as a Type IV is a second effort by
the City to get the property owner into compliance. Ms. Schleuning stated that is correct, noting
.there are fewer Code violations and it is being considered tonight because the property owner did
not attend four ARM meetings as required by the mitigation plan. She advised the Ordinance
provisions allow the Council to review the license at any time during the license period to
consider suspension, nonrenewal, or denial of the rental license.
The Council stated its support to require Ordinance compliance for every rental property and
agreed the applicant is making a good faith effort by working with staff on the mitigation plan.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
Ma Lee, 3275 98 Circle North, owner of 3112 Quarles Road North, explained her husband
travels a lot and the training was not attended because she was not informed. She stated she will
attend this training and asked the Council to consider a Type I rental license since there was only
one violation..
The Council indicated it is considering a Type IV Rental License, which would be reviewed
( again at the end of six months.
04/11/11 -9- DRAFT
�
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2011-61 APPROVING A TYPE IV RENTAL LICENSE
FOR 3112 QUARLES ROAD
Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -61 Approving a Type IV Rental License for 3112 Quarles Road.
Motion passed unanimously.
-11. COUNCIL REPORT
Councilmember Roche announced that tomorrow is the 150th anniversary of the American Civil
War and, in the near future, the Brooklyn Historical Society will be selling three books, Patriots
of Brooklyn, about soldiers from this area. He also announced the April 16, 2011, interactive
EarthFest events that will be taking place at the Brooklyn Center High School. He encouraged
participation, which would raise awareness to become part of the solution, and stated that Shop
Brooklyn Center coupon book will be given to participants. Councilmember Roche announced
the Brooklyn Center Police Department and Crime Prevention Award Ceremony scheduled on
April 20, 2011, at the Community Center Constitution Hall at 7 p.m.
_ i
Councilmember Lasman reported on her attendance at the following:
• March 21, 2011, informational and suggestion gathering meeting about the Brooklyn Center
High School to help them guide future plans.
• March 24, 2011, final Special Events Committee, which was organized in 1998 to plan
millennium events in 2000. Remaining funds will be transferred to the City of Brooklyn
Center Centennial Committee for its events.
• April 4, 2011, Board of Appeal and Equalization.
• April 6, 2011, joint Commissions meeting that showcased work from the past year and
presented projects anticipated in the coming year. She stated her appreciation for the
Commissioners' great work, volunteer hours, and recommendations.
• April 8, 2011, Brooklyn Center Firefighters award dinner, an awe inspiring event, and she is
happy to support these heroes who assure the safety of Brooklyn Center's residents.
• March 12 -16, 2011, National League of Cities Conference held in Washington, D.C. She
reported on the meetings and informational workshops attended and topics covered including
meeting and extending the City's greetings to First Lady Michelle Obama.
Councilmember Lasman noted the Firefighters annual pancake breakfast was held on April 10,
2011. She was unable to attend but felt it was a great community builder. She announced the
Sunday, April 17, 2011, vintage wedding dress show that will take place at the Brooklyn Center
High School at 2 p.m. and is free to attend.
Councilmember Kleven reported on her attendance at the following:
04/11/11 -10- DRAFT
• March 31, 2011, Planning Commission meeting.
• April 2, 2011, North Suburban Remodeling Fair.
• April 3, 2011, Interfaith Symposium.
• April 4, 2011, Board of Appeal and Equalization.
• April 6, 2011, City Council and Commission joint meeting.
• April 8, 2011, Firefighters appreciation dinner.
• April 10, 2011, Firefighters Relief pancake benefit.
Councilmember Kleven encouraged attendance at this weekend's Great Shingle Creek Cleanup
and explained she will be unable to participate because she will be at the High School preparing
for EarthFest. She encouraged those who attend EarthFest to stop by her booth and make a free
greeting card. Councilmember Kleven advised that the oldest dress at the April 17, 2011,
vintage wedding dress show is from 1888 and there will also be a silent auction.
Councilmember Ryan reported on his attendance at the following:
• April 4, 2011, annual Board of Appeal and Equalization to review property valuations
• April 6, 2011, joint meeting with the City Council, Charter Commission, and other
Commissions to receive annual reports and consider subjects being reviewed this year
• April 7, 2011, joined Cancer Society activists at the State Capitol lobbying against changes to
the Freedom to Breath Act.
• April 8, 2011, annual Firefighters appreciation banquet and ceremony at the Crown Plaza
Hotel. He thanked all Firefighters for their volunteerism to protect the City, which saves
money from having a full time Fire Department.
• April 9, 2011, Rotary Club cleanup of Centennial Park and that branch of Shingle Creek. He
thanked the Rotary members for their participation.
• April 10, 2011, Firefighters pancake benefit
Councilmember Ryan encouraged residents to enjoy April 16 EarthFest events and the Great
Shingle Creek Cleanup as well as Earth day on April 22.
Mayor Willson reported on his attendance at the following:
• April 4, 2011, Board of Appeal and Equalization.
• April 5, 2011 Firefighter Relief Association meeting. He noted that last year the City paid
out $65,000 to the Relief Association given the poor economy and investments and was
pleased to report that the second year actuarial is $39,000 and expected to be even lower
next year.
• April 6, 2011, all Commission joint meeting.
• April 8, 2011, Firefighter appreciation banquet where all enjoyed music provided by Fire
Chief Gatlin and City Manager Boganey.
• April 10, 2011, Firefighter pancake breakfast.
Mayor Willson encouraged residents to visit the City's website where a list of Centennial events
are posted that will occur throughout this year.
12. ADJOURNMENT
04/11/11 -11- DRAFT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 8:09 p.m.
Motion passed unanimously.
04/11/11 -12- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
APRIL 11, 2011
CITY HALL — COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council /Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 8:11 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman,
Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business
and Development Gary Eitel, Planning & Zoning Specialist Tim Benetti, Assistant City
Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney
Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc.
MISCELLANEOUS — TRAVEL AND TRAINING POLICY.
City Manager Curt Boganey referenced the City's Policy related to in -State travel for attendance
at training or workshops, noting attendance at the National League of Cities training that will
occur in Minneapolis would fit within the current Policy and require no additional Council action
as long as there are budgeted funds. He noted that the Policy does reference out -of -State travel
and is to be reviewed annually at a budget work session.
Councilmember /Commissioner Lasman asked if the Policy limits the number of training sessions
based on term. Mr. Boganey explained nothing explicitly limits in -State travel if sponsored by
the three organizations identified or with City Council approval.
Councilmember /Commissioner Ryan stated his schedule is flexible so he would like to take
advantage of this training opportunity if there are no objections by the Council and money is
available.
The Council indicated no objection.
OPPORTUNITY TO ACQUIRE 5.7 ACRES FOR FUTURE HOUSING
OPPORTUNITIES - CONTINUED
(PORTIONS OF PHASE II EASTBROOK ESTATES)
Director of Business and Development Gary Eitel used a map to identify the property under
discussion and reviewed the Council's past action to grant preliminary plat approval to the
subdivision known as Eastbrook Estates 2 nd Addition of approximately 8.75 acres into 29 single-
04/11/11 -1- DRAFT
family lots. These five properties of 5.77 acres are under one ownership with 2011 estimated
market value of approximately $499,800. The taxes paid are based on assessed valuation and the
City's portion is approximately $2,500. Mr. Eitel stated the owner is providing an opportunity
and asked if the City Council /EDA wanted to purchase and hold this property in the interest of
the community. It was noted the acquisition of this property would be an eligible expense from
Tax Increment Financing (TIF) District No. 3 that currently has a balance of approximately $1.8
million and projected to receive annual revenues of approximately $350,000 through the
remaining life of this District.
The City Council /EDA discussed this opportunity and concern was expressed about the cost to
remove trees, install streets, and utilities, to prepare the property for development. In an effort to
assure the property is not underutilized, the City Council /EDA indicated its support , to acquire
the 5.7 acres with the staff negotiating an attractive price, to be funded from TIF District No. 3.
The City Council /EDA also asked staff to determine the status of two vacant contiguous parcels.
Councilmember /Commissioner Roche advocated for also purchasing two vacant parcels north of
69 Avenue N. Mayor /President Willson suggested he contact that property owner to determine
their interest in approaching the City.
The majority consensus of the City Council/EDA was to direct staff to proceed.
ADJOURNMENT
Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Lasman
seconded adjournment of the City Council/Economic Development Authority Work Session at
8:31 p.m.
Motion passed unanimously.
04/11/11 -2- DRAFT
i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
BOARD OF APPEAL AND EQUALIZATION
APRIL 18, 2011
CITY HALL — COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center City Council met as the Local Board of Appeal and Equalization and the
meeting was called to order by Mayor Tim Willson at 6:04 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan
Ryan. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Hennepin
County Commercial Appraiser Chris Bennett, and Deputy City Clerk Maria Rosenbaum.
2. ASSESSOR'S REPORTS AND RECOMMENDATIONS
City Assessor Nancy Wojcik summarized the history of the following appeals and presented staff
recommendations for each property included with the packet.
Tony Yang, 5650 Lilac Drive N. Reduce the 2011 estimated market value of $478,700 to
$405,000 for taxes payable in 2012, placing most of the weight on the recent sale comparable
and the market income approach.
Councilmember Lasman moved and Councilmember Roche seconded to reduce the 2011
estimated market value of $478,700 to $405,000 for taxes payable in 2012. Motion passed
unanimously.
William Stoner, 5001 Drew Avenue N. Sustain the 2011 estimated market value of $447,000 for
taxes payable in 2012 for the property at 5001 Drew Avenue N.
Councilmember Lasman moved and Councilmember Roche seconded to sustain the 2011
estimated market value of $447,000 for taxes payable in 2012 for the property at 5001 Drew
Avenue N. Motion passed unanimously.
David Trepanier, 5801 Knox Avenue N. Reduce the 2011 estimated market value of $130,000 to
$129,800 for taxes payable in 2012, based on characteristic changes. This places the property at
the lower range of sales comparable with other two bedroom homes in Brooklyn Center.
04/18/11 -1- DRAFT
Councilmember Ryan moved and Councilmember Roche seconded to reduce the 2011 estimated
market value of $130,000 to $129,800 for taxes payable in 2012. Motion passed unanimously.
Scott Kevitt, 5306 Perry Avenue N. Mr. Kevitt was present and addressed the Board to express
that the reduction proposed for his property is helpful; and that he does not use City services as
much because of his peninsula lot.
Ms. Wojcik read her report and recommended to reduce the 2011 estimated market value of
$686,000 to $677,200 for taxes payable in 2012, based on characteristic changes. This places the
property within the range of adjusted sale prices for comparable oversized lakefront properties.
Councilmember Roche moved and Councilmember Kleven seconded to reduce the 2011
estimated market value of $686,000 to $677,200 for taxes payable in 2012. Motion passed
unanimously.
Ludmila Bryskina, 5601 Indiana Avenue N. Ms. Bryskina addressed the Board to discuss her
property being sold on an open market and her concerns with flood insurance.
Ms. Wojcik read her report and recommended to reduce the 2011 estimated market value of
$301,300 to $294,400 for taxes payable in 2012, based on characteristic changes. This places the
property within the range of adjusted sale prices for comparable lakefront properties.
Councilmember Roche moved and Councilmember Lasman seconded to reduce the 2011
estimated market value of $301,300 to $294,400 for taxes,payable in 2012. Motion passed
unanimously.
Brett Hildreth, 720 69 Avenue N. Mr. Hildreth addressed the Board to add more data and
information regarding comparables and discuss post and pre Federal Tax Credit sales. Mr.
Hildreth submitted MLS Data sheets into the record as his documentation of proof of sales.
There was discussion amongst the Board, City Assessor, and City Manager regarding the process
used to calculate values, the study time frame used, and the issue of the property at 720 69
Avenue N being an oversized lot.
Ms. Wojcik read her report and 'recommended to increase the 2011 estimated market value of
$165,200 to $168,200 for taxes payable in 2012, based on characteristic changes. There was
discussion of the Boards responsibility and actions based on the recommendations being made
by the City Assessor and possible reduction amounts for this property.
Councilmember Roche moved and Councilmember Kleven seconded to decrease the 2011
estimated market value for this property to $150,000 for taxes payable in 2012. Voting in favor:
Council Members Kleven, Roche, and Ryan. Voting against: Mayor Willson and
Councilmember Lasman. Motion passed.
04/18/11 -2- DRAFT
Michael Seery, 615 66 Avenue N. Reduce the 2011 estimated market value of $1,480,000 to
$1,450,000 for taxes payable in 2012.
Councilmember Lasman moved and Councilmember Ryan seconded to reduce the 2011
estimated market value of $1,480,000 to $1,450,000 for taxes payable in 2012. Motion passed
unanimously.
3. ADJOURN
Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the meeting at
7:38 p.m. Motion passed unanimously.
i
04/18/11 -3- DRAFT
1
City Council Agenda Item No. 6b
c
COUNCIL ITEM MEMORANDUM
DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
0
SUBJECT: Licenses for City Council Approval
Recommendation:
It is recommended that the City Council consider approval of the following licenses at its April
25, 2011, meeting.
Background:
The following businesses /persons have applied for City licenses as noted. Each business /person
has fulfilled the requirements of the City Ordinance governing respective licenses, submitted
appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in
compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below
the property address on the attached rental report.
MECHANICAL
Anderson Heating & Air 1628 County Road 10, Spring Lake Park
Optimum Mechanical Systems 3030 Centerville Road, Little Canada
Silvernail Enterprises 660336 1h Avenue N, Crystal
RENTAL
See attached report.
SIGN HANGER
Signation Sign Group 6840 Shingle Creek Parkway, Brooklyn Center
t
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
(Based on Property Inspected Unit
Code Only)
Type I — 3 Year 1 -2 units 0 -1
3 ±units 0 0 "75
Type II — 2 Year 1 -2 units Greater than 1 but not more than 4
3 ±units '; Greater Ihax10.75 ;but not more than 1
Type III — 1 Year 1 -2 units Greater than 4 but not more than 8
3 +units" Greater than 1 5 but notmore_`than 3;
Type IV — 6 Months 1 -2 units Greater than 8
3± utts = Greater than 3 -
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
(Calls Per Unit /Year)
No Category 1 -2 0 -1
Impact 3 4uruts : . =0 25. ;
5 or more units 0 -0.35
Decrease 1 1 -2 Greater than 1 but not more than 3
Category 3 4=untts Gzeater notxnoxe than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories 3. "4:`units Greater than 1,
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public. trust
Rental Licenses for Council Approval on April 25, 2011
PropertyFinal
DwellingRenewalLicensePoliceUnpaidUnpaid
CodeLicense
Property AddressTypeor InitialOwnerViolationsTypeCFS *Type **UtilitiesTaxes
819 & 821 55th Ave NTwo Family (2)Initial0IIN/AIIOKOK
Stephanie Statz
5425 70th CirSingle FamilyInitial0IIN/AIIOKOK
Ali Sajjad
6724 Beard Ave NSingle FamilyInitial5IIIN/AIIIOKOK
Gebremedhin Mehari
5801 Colfax Ave NSingle FamilyInitial1IIN/AIIOKOK
Dama Bekuto
5619 Hillsview RdSingle FamilyInitial0IIN/AIIOKOK
James Kaun
3
7206-12 West River RdTwo Family (2)RenewalII0IIOKOK
1.5/Unit
Jason Ingbretson
3707 61st Ave N
Single FamilyRenewal2II0IIOKOK
Passed w/Weather Deferral
Doug Wahl
5325 70th CirSingle FamilyRenewal0I1IOKOK
Doug Wahl
6325 Brooklyn BlvdSingle FamilyRenewal1I1IOKOK
Lien Kim Vo
6207 Dupont Ave N
Single FamilyRenewal2II0IIOKOK
Passed w/Weather Deferral
Thomas Le
2406 Ericon DrSingle FamilyRenewal0I0IOKOK
Gary Brummer
3913 France PlSingle FamilyRenewal0I0IOKOK
Betty Nelson
6824 Fremont Pl NSingle FamilyRenewal0I0IOKOK
David Oium
6777 Humboldt Ave N
Single FamilyRenewal5III0IIIOKOK
Passed w/Weather Deferral
Andrey Ryvlin
4104 Lakeside AveSingle FamilyRenewal0I0IOKOK
Dan Mazzuco
5617 Logan Ave NSingle FamilyRenewal5III0IIIOKOK
Darwin & Marcia Kulzer
7130 Logan Ave NSingle FamilyRenewal0I0IOKOK
James & Julie Kazmierkoski
7030 Regent Ave N00
Single FamilyRenewalDoug WahlIIOKOK
6573 Riverwood La01
Single FamilyRenewalBetty Gundersen-HargenIIOKOK
* CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.)
** Final License Type
Type I = 3 yearType II = 2 yearType III = 1 yearType IV = 6 mos
City Council Agenda Item No. 6c '
c
COUNCIL ITEM MEMORANDUM
( DATE: 14 April 2011
TO: Curt Boganey, City Manager
FROM: Daniel Jordet, Director of Fiscal & Support Service
SUBJECT: Request for Proposals for Insurance Agent of Recd
Recommendation:
It is recommended that the City Council consider approval of the Request for Proposals
specifications set forth for solicitation of an.Insurance Agent of Record.
Background:
City Council Code of Policies Section 2.80 requires that certain financial services be periodically
subjected to the Request for Proposal (RFP) process. The goal of this process : is to maintain a
proper balance between cost and quality of service.
The first of two RFP's for 2011 will be for Insurance Agent of Record. This is a position
currently held by Bearance Management, represented by Marls Lenz. The company provides
representation and assistance in the City's dealings with the League of Minnesota Cities
( Insurance Trust ( LMCIT). The Agent will also assist the City with risk management evaluation
and by making recommendations for improving risk management practices and procedures.
Representatives of LMCIT also assist in advising on risk management. LMCIT requires that each
city participating in the Trust have a professional agent representing them to facilitate clear,
proper and timely communication.
The cost for this service was $20,500 in 2010. For 201.1 the agreement with Bearance has been
extended to assure proper LMCIT representation until such time as the RFP can be distributed,
processed, and a new agreement negotiated with the prevailing firm. Staff expects no fewer than
four proposals will be submitted.
The term of a proposed agreement will be three years at a guaranteed rate scale with another
three open to negotiations on compensation for the Agent. ...
As per the Policy, staff will distribute, collect and evaluate the RFP materials with a final
recommendation being made to the'City Council at the 11 July 2011 . regular meeting.
Also as per the Policy, the Financial Commission has reviewed the proposed RFP and given
approval as of 17 March 2011.
Budget Issues:
There are no budget issues to consider at this time.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust
Request for Proposal
Insurance Agent of Record
Due: Wednesday, June 15, 2011
Time: 4:30 p.m.
at:
City of Brooklyn Center
Fiscal & Support Services Department
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota. 55430
TABLE OF CONTENTS
I . INTRODUCTION ................................................................................... ..............................1
A. Introduction and General Information ....................................... ..............................1
B. Background Information ........................................................... ..............................1
C. Scope of Work .......................................................................... ..............................2
D. Qualifications ............................................................................ ..............................2
E. Terms of Engagement .............................................................. ..............................3
F. Fees .......................................................................................... ..............................3
G. Subcontracting ........................................................................... ..............................3
H. Rights of Review ....................................................................... ..............................3
IL INSTRUCTIONS .................................................................................... ..............................3
A. Proposal Submission ................................................................ ..............................3
B. . Schedule ................................................................................... ..............................4
III. CONTRACT EXECUTION .................................................................... .......................:......4
A. Negotiations and Contract Execution ....................................... ..............................4
B. Contracting Ethics .................................................................... ..............................4
City of Brooklyn Center, RFP
Page 1
I. INTRODUCTION AND BACKGROUND l
A. Introduction and General Information
The City of Brooklyn Center's insurance coverage for property, liability and automobiles is
provided,by the League of Minnesota Insurance Trust (LMCIT). LMCIT requires cities to
use the services of an agent or record to assist and advise a city on their insurance
coverage. The City of Brooklyn Center is also insured for workers compensation through
LMCIT. Brooklyn Center invites written proposals from insurance brokers to act as the
broker of record for the LMCIT policies that will be renewed April 1, 2012 and act as
agent of record for-worker's compensation policies renewing January 1, 2012. The agent
of record will be determined by the fee proposed (in lieu of a commission) and the
qualifications of and references for the insurance agent and their staff.
Coverage for property and casualty, liability, vehicles and inland marine for the Earle
Brown Heritage Center is written under the auspices of the Brooklyn Center Economic
Development Authority (EDA). This set of policies is also provided by the LMCIT.
B. Background Information
The City of Brooklyn Center is located in Hennepin County, Minnesota. The City has a
population of 30,000. The City was established as a village in 1911 and incorporated as
a charter city 1966 by referendum vote of its citizens. The City operates with a Council -
Manager form of government.
A full range of public services is provided, including .police and fire protection,
construction and maintenance of streets and infrastructure, cultural and recreational
activities and general administration. The City's Public Utility Enterprise Fund activities
include water, sanitary sewer, street lighting, and storm drainage and recycling. The City
also operates as Enterprise Fund activities two liquor stores and an executive golf
course. The EDA operates the Earle Brown Heritage Center, a meeting and conference
facility.
The City is organized into the following departments accounted for in the General Fund:
Mayor and City Council, Administration, Police, Fire and Emergency Services, Building
and Community Standards, Business and Development, Community Activities,
Recreation and Services (CARS) and Public .Works (Engineering, Streets, Central
Services Maintenance and Parks). The accounting and financial reporting functions are
centralized, and the City's fiscal year is the calendar year.
I
The Brooklyn Center Financial Commission is a seven member permanent Commission
of the City charged with, among other things, reviewing the RFP prior to its dissemination
to potential proposers
The Brooklyn Center City Council is the final review and approval authority regarding all
contracts, payments, plans, improvements, policies, procedures and other business of
the City. . Comprised of four members and the Mayor, it is the legislative and policy
making body of the City. The Mayor, who presides over the City Council meetings, is
elected at large for a four year term as are the Council members
City of Brooklyn Center, RFP
Page 2
C. Scope of Work
The insurance broker will be responsible for the following:
1. Advise and assist the City and the EDA in assembling and accurately reporting
underwriting data, including updating property values, for rating purposes and
completing the LMCIT renewal forms based on the data supplied by the City and
the EDA.
2. Advise and assist the City and the EDA in evaluating and selecting among
coverage alternatives such as deductibles, limits, optional coverage, alternative
coverage forms, etc. Advise the City and the EDA on potential gaps or overlaps
in coverage.
3. Review the LMCIT insurance policies for completeness and accuracy. Confirm
that the policies have been updated with the new data supplied during the
renewal process.
4. Provide explanations of insurance coverage, coverage options and make
recommendations as requested.
5. Conduct quarterly review of open claims. Review claim reserves for
appropriateness.
6. Assist the City in identifying risk exposures and developing appropriate strategies
to address those exposures.
7. Issue certificates of insurance as needed.
8. Assist as requested with safety and loss control activities.
9. Perform other duties customarily handled by an insurance agent and agreed
upon by both the City and agent.
D. Qualifications
The proposer shall demonstrate their experience and qualifications by including in their
proposal the following information. Please assemble the proposal with responses in the
same order as listed below to facilitate review comparison.
1. Provide a general profile of the proposer.
2. Number of years the proposer has been in business.
3. Names of governmental entities insured by the proposer through the LMCIT
during the last five years and brief description of services provided.
4. Detail the name(s), qualifications, experience, and professional designations of
the staff proposed to service the City's account.
5. Proposer premium volume excluding personal lines of coverage (health, life,
etc.).
( 6. Present limit of errors and omissions coverage in place for the proposer.
City of Brooklyn Center, RFP
Page 3
7. Describe any other resources or special qualifications of the proposer that would
be advantageous to the City.
8. Identify the proposer's fee for services.
9. List three (3) to five (5) references, including names, addresses and phone
numbers for contact purposes.
E. Terms of Engagement
A three -year contract is contemplated with an additional three one -year options to renew,
subject to review by the Brooklyn Center City Council and the annual availability of an
appropriation.
F. Fees
The insurance broker shall indicate in its proposal the fee required to service the City's
LMCIT insurance coverage for the policy periods of:
September 1, 2011 — August 31, 2012
September 1, 2012 — August 31, 2013
September 1, 2013 — August 31, 2014
The fee proposed is in lieu of a commission.
Additionally, the proposal must incorporate any limits to the hours of service for all
activities listed in Section C of this RFP.
G. Subcontracting
No subcontracting will be allowed without the express prior written consent of the City.
H. Rights of Review
The City of Brooklyn Center reserves the right to reject any or all proposals, to request
additional information from any or all applicants as determined to be in the best interest of
the City.
II. INSTRUCTIONS
A. Proposal Submission
Three (3) copies of the Proposal shall be submitted to:
Daniel Jordet
Director of Fiscal & Support Services
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
(763 569 -3345
djordeta- ci.brooklyn- center.mn.us
All responses, questions, and correspondence should be directed to Daniel Jordet.
City Y of Brooklyn Center, RFP
Page 4
B. Schedule
1. Financial Commission approves format of RFP .......... ..........................March 17, 2011
2. City Council authorizes Request for Proposal /Ad for bids ...................... April 25, 2011
3. City mails RFP ...................................................... ............................... by May 10, 2011
4. Proposal due date ............................................ June 15, 2011
----------------------------------
__
5. Interviews Week of June 27, 2011
7. Final decision /contract negotiation ........................ _____ _ _ ____ _____Week of July 4„ 2011
8. Contract consideration by the City Council .............................................. July 11, 2011
III. CONTRACT EXECUTION
The information below is being provided as part of this Request for Proposal to give responders
an understanding of the City's expectations with respect to contract execution.
A. Negotiations and Contract Execution
The City reserves the right to negotiate the final terms and conditions of the contract to
be executed. Should the City and agent be unable to agree upon the entire contract, the
City reserves the right to discontinue negotiations, select another agent, or reject all of
the proposals. .Upon completion of negotiations agreeable to the City and the agent a
contract shall be executed.
B. Contracting Ethics
1. No elected official or employee of the City of Brooklyn Center who exercises any
responsibilities in the review, approval, or implementation of the proposal shall
participate in any decision, which affects his or her direct or indirect financial
interests.
2. It is a breach of ethical standards for any person to offer, give, or agree to give any
City of Brooklyn Center employee or Council person, or for any City of Brooklyn
Center employee or Council person to solicit, demand, accept, or agree to accept
from another person or firm, a gratuity or an offer of employment whenever a
reasonable prudent person would conclude that such consideration was motivated
by an individual, group or corporate desire to obtain special, preferential, or more
favorable treatment than is normally accorded the general public.
3. The agent shall not assign any interest in this contract and shall not transfer any
interest in the same without the prior written consent of the City.
4. The agent shall not accept any private client or project which, by nature, places it in
ethical conflict during its representation of the City of Brooklyn Center.
NOTE: ALL STATEMENTS OF PROPOSAL MUST BE RECEIVED BY WEDNESDAY
JUNE 15, 2011 AT BROKLYN CENTER CITY HALL NO LATER THAN 4 :30 P.M.
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION ADOPTING A "REQUEST FOR PROPOSALS" DOCUMENT
FOR PROVIDING INSURANCE AGENT OF RECORD SERVICES
WHEREAS, the City of Brooklyn Center is required by its City Council Code of
Polices to solicit proposals for an Insurance Agent of Record to represent the City in dealings
with its insurer, the League of Minnesota Cities Insurance Trust; and
WHEREAS, a set of specifications for obtaining those proposals, the Request
for Proposals; Insurance Agent of Record" has been developed and reviewed, as required, by the
Financial Commission; and
WHEREAS, the City Council desires to obtain excellent service and
representation in insurance matters at the most reasonable cost possible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the "Request for Proposals; Insurance Agent of Record ", dated as due June
15, 2011, is approved and should be distributed to firms wishing to prepare proposals.
April 25, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof.
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6d
c
i
COUNCIL ITEM MEMORANDUM
DATE: April 25, 2011
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning, Assistant City Manager /Director of Building & Community
Standards
SUBJECT: Resolution Accepting Quotation and Awarding a Contract for 2011 Diseased Tree
Removal
Recommendation:
It is recommended that the City Council consider approval of the Resolution Accepting
Quotation and Awarding a Contract for 2011 Diseased Tree Removal to Arbor Design Tree
Service, Inc.
Background:
The City of Brooklyn Center has administered a Diseased Tree Removal program since 1974 and
annually establishes a program to expedite the removal of diseased and other nuisance trees as
defined in City Ordinance Chapter 20.
When a diseased tree is marked on the boulevard, the City shares in half the cost of the removal
provided the removal is conducted under the City's annual Diseased Tree Removal contract.
The property owner is invoiced for approximately half the cost of the removal.
When a diseased tree is marked on.private property, the owner is responsible for the removal and
disposal of the tree. City staff informs property owners of the importance of removing diseased
trees to minimize the propagation of tree disease to adjacent properties. If a property owner fails
to remove a diseased tree, the City acquires a quotation from the contractor for the cost of
removal. The quotation is presented to the property owner prior to proceeding with removal of
the diseased tree.
Unpaid charges for tree removal are levied as a special assessment against the respective parcels
of land. Special assessments are levied over a period of five years. The five year payment
program assists many property owners with financing tree removal costs.
The tree removal quantities listed on the quotation form are based on the number of diseased
trees removed by the City's tree removal contractor in 2010. However, City staff continues to
monitor the transmission of various tree diseases, including Emerald Ash Borer, throughout
Minnesota to determine if additional response measures will be necessary in the future.
The City received bids for tree removal based on the average number of trees removed previous
years. The City is not obligated to choose the contractor with the lowest bid. However, staff is
( recommending the tree contractor that submitted the lowest bid, which is slightly less than the
2010 Tree Disease Removal Contract amount. The contractor has a satisfactory record with the
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Better Business Bureau and has been used by the City in previous years with positive results.
Budget Issues:
The City's share of the cost of removal for diseased trees within the public right -of -way and City
property is included in the 2011 Budget under the Public Works Forestry operating budget.
Property owners may pay their share of costs to the City directly or the costs are specially
assessed to the property in accordance with Minnesota State Law.
Council Goals:
Strategic:
1. We will ensure a safe and secure community
2. We will respond to increased public awareness and interest in environmental
sustainability and green community issues
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RE ACCEPTING QUOTATION AND AWARDING A CONTRACT
FOR 2011 DISEASED TREE REMOVAL
I
WHEREAS, staff solicited quotations from tree removal contractors and the following
three quotations were received and opened on April 15, 2011 for 2011 Diseased Tree Removal
Program.
Bidder Bid Amount
Arbor Design Tree Service Inc. $38,835.00
Pioneer Tree & Landscape $39,095.00
S & S Tree $69,210.00
WHEREAS, it appears that Arbor Design Tree Service, Inc. is the lowest responsible
bidder for 2011 Diseased Tree Removal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the City Manager is hereby authorized to enter into a contract with Arbor
Design Tree Service, Inc. in the name of the City of Brooklyn Center for 2011 Diseased Tree
Removal according to the plans and specifications on file in the office of the Director of Building
and Community Standards.
April 25, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
1
City Council Agenda Item No. 6e
COUNCIL ITEM MEMORANDUM
DATE: April 25, 2011
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community
Standards
SUBJECT: Resolution Amending the City's Fee Schedule to Add Online Permit Transaction
Fee
Recommendation:
It is recommended that the City Council consider approval of the Resolution Amending the
City's Fee Schedule to Add An Online Permit Transaction Fee.
Background:
City staff has been facilitating a process to allow certain types of construction permits to be
obtained online. Residents and contractors will be able to obtain certain permits that do not
require a plan review through the City website. LOGIS (Local Government Information
Systems Association) is the system that is used currently to process construction related permits
and is capable of processing permits online. The following permits will be offered initially to the
public:
Residential Building
• Re -Roofs
• Siding
Residential Plumbing
• Water Softener
• Water Heater
Residential Mechanical
• Air Conditioner
• Furnace
• A/C & Furnace
• Gas Fireplace Insert
Residential Electrical
• Saver Switch
• Furnace or A/C Wiring
Vacant Building Registration
1. Vacant less than 1 year, with code violations
2. Vacant 1 to 3 years
3. Vacant 3 years or more
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust
COUNCIL ITEM MEMORANDUM
The permit fee to process the above identified ePermits will be the same as the one used when l
processing permits in person or by mail. The permit fee is based on the valuation of the work
performed, with the exception of Vacant Building Registrations, which are a flat fee.
The Online Permit Transaction Fee is being proposed to help recover the system costs associated
with processing credit card transactions such as the PayPal account for authorization and
transmittal to the bank and the overall use of the LOGIS system.
Budget Issues:
This process is not expected to increase revenue. The online transaction fee will help recover the
business costs associated with the improved customer service.
Council Goals:
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
2. We will ensure the financial stability of the City
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE CITY'S FEE SCHEDULE TO ADD ONLINE
PERMIT TRANSACTION FEE
WHEREAS, the City Council has determined that it wishes to conduct business
online to process certain types of permits; and
WHEREAS, the City Council finds it appropriate to amend the City's fee schedule by
establishing a fee for online permit transactions to offset the cost incurred by the City to perform
online permit processing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, to amend the City's fee schedule to add an Online Permit Transaction
Fee as follows:
Online Permit Transaction Fee (per permit) $3.50
April 25, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof.
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6f
COUNCIL ITEM MEMORANDUM
DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Resolution Amending the City Fee Schedule to Remove License Fees for Tattoo
and Body Piercing Establishments and Private Kennels; and to Add License Fee
for Rental License Reinstatement
Recommendation:
It is recommended that the City Council consider approval/adoption of a Resolution Amending
the City Fee Schedule to Remove License Fees for Tattoo and Body Piercing Establishments and
Private Kennels; and to Add License Fee for Rental License Reinstatement.
Background:
1. On March 14, 2011, the City Council adopted Ordinance No. 2011 -01 which repealed
certain sections of City Code Chapter 23 relating to tattoo and body piercing
establishments. The State now licenses tattoo and body piercing establishments, so the
license fee should be removed from the City fee schedule.
2. On April 11, 2011, the City Council adopted Ordinance No. 2011 7 -02, which repealed
(� certain sections of City Code Chapters 1 and 19 relating to private kennel licenses. The
private kennel license fee should be removed from the City fee schedule. .
3. City Code Section 12 -910 (7) (c) requires all new applications for a rental license
following a suspension, revocation, denial, or nonrenewal to be accompanied by a
reinstatement fee. Fees are set by resolution; no such fee has been established.
Attached is a resolution that would remove the license fees for tattoo and body piercing
establishments and private kennels, as well as add a $100 rental reinstatement fee for all new
applications for a rental license that was suspended, revoked, denied, or not renewed by the City
Council.
Budget Issues:
Since the City has not licensed private kennels since 2006 and no licenses have been issued for a
tattoo and body piercing establishment, there will be no impact on the City budget. There is a
potential for additional revenue to offset costs related to the reinstatement of rental licenses that
were suspended, revoked, denied, or not renewed by the City Council.
Council Goals: -
Strategic:
1. We will ensure a safe and secure community
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
Alissiou: Ensuring an attractive, clean., safe contrttunity that ettlttutces the quality of life and preserves the public trust
Member introduced the following resolution and moved
its adoption: i
I
RESOLUTION NO.
RESOLUTION AMENDING THE CITY FEE SCHEDULE TO REMOVE
LICENSE FEES FOR TATTOO AND BODY PIERCING ESTABLISHMENTS
AND PRIVATE KENNELS; AND TO ADD LICENSE FEE FOR RENTAL
LICENSE REINSTATEMENT
WHEREAS, the City Council of the City of Brooklyn Center adopted ResolutionNo.
1999 -158, which established fees to be charged for tattoo and body piercing establishment licenses;
and
WHEREAS, the City Council adopted Ordinance No. 2011 -01 on March 14, 2011,
which repealed certain sections of City Code Chapter 23 relating to tattoo and body piercing
establishments; and
WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No.
1987 -31, which established fees to be charged for various City licenses including private kennel
licenses; and
WHEREAS, the City Council adopted Ordinance No. 2011 -02 on April 11, 2011,
which repealed certain sections of City Code Chapters 1 and 19 relating to private kennel licenses;
and
WHEREAS, City Code Section 12 -910 (7) (c) requires all new applications for a
rental license following a suspension, revocation, denial, or nonrenewal to be accompanied by a
reinstatement fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Fee Schedule be amended to remove the license fees established for
tattoo and body piercing establishments and private kennels and to establish a rental license
reinstatement fee as $100.
_ April 25, 2011
Date Mayor
ATTEST:
City Cleric
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6g
c
COUNCIL ITEM MEMORANDUM
DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT:. Resolution Authorizing the Execution of a Cooperative Agreement - between the
City of Minneapolis and the City of Brooklyn Center Regarding Bicycle Parking
Project
Recommendation:
It is recommended that the City Council consider approval of a resolution authorizing the
execution of a Cooperative Agreement between the City of Minneapolis and the City of
Brooklyn Center regarding bicycle parking project.
Background:
The Transit for Livable Communities (TLC) Board has been awarded Bike Walk Twin Cities
federal grant fiends for bicycle parking throughout their grant area, which includes Minneapolis and
its adjacent first ring suburbs. TLC in connection with the City of Minneapolis, MnDOT and the
FHWA developed a streamlined federal funding process, - and communities wishing to participate
must enroll in the program by completing and submitting a Cooperative Agreement (see attached) ,
prior to April 29, 2011:
C Under this grant, the City of Brooklyn Center has been awarded up to approximately $4,300 for the
purchase of bike racks. Only the purchase of the bike racks is eligible. All costs including planning,
site preparation, installation, maintenance and/or additional amenities will be a direct cost to the
City of Brooklyn Center.
Budget Issues:
The Bike Parking program grant allotment for Brooklyn Center is $4,300, which covers the
purchase of the bike racks only. In accordance with the agreement; the City will be responsible to
prepare plans for the locations of the bike racks (estimated 60 staff hours), prepare the necessary
certificates of right -of -way (estimated 20 staff hours) and install the bike racks (estimated 80
staff hours plus approximately $500 for additional installation materials; which will be funded
out of the Parks Fund).
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
1. We will provide streamlined cost effective, quality services with limited resources
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE
AGREEMENT BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF
BROOKLYN CENTER REGARDING BICYCLE PARKING PROJECT
WHEREAS, the Transit for Livable Communities Board has awarded Bike Walk
Twin Cities federal grant funds to purchase bicycle parking facilities to be installed throughout
Minneapolis and its adjacent cities, including the City of Brooklyn Center, and
WHEREAS, the City of Brooklyn Center supports programs to become a more
"active living" community; and
WHEREAS, the City of Brooklyn Center has been allotted $4,300 for the purchase of
bicycle racks; and
WHEREAS, the City of Brooklyn Center must enter into a Cooperative Agreement
with the City of Minneapolis, to participate in the grant program; and.
WHEREAS, the City of Brooklyn Center shall install and assume, ownership,
operation and maintenance of the bike parking facilities at its own cost. -
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The provisions of the Cooperative Agreement between the City of
Minneapolis and the City of Brooklyn Center are hereby accepted and
approved, and the Mayor and City Manager are hereby authorized and
directed to execute said Agreement.
April 25, 2011
Date Mayor
ATTEST:
"City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
COOPERATIVE AGREEMENT BETWEEN THE
CITY OF MINNEAPOLIS AND CITY OF BROOKLYN CENTER
REGARDING BICYCLE PARKING PROJECT
THIS AGREEMENT is made and entered into as of this day of , 2011,
by and between the CITY OF MINNEAPOLIS, a Minnesota home rule charter city
( "Minneapolis "), and the CITY OF BROOKLYN CENTER, a Minnesota home rule charter city
( "City ")
WITNESSETH:
WHEREAS, the CITY OF BROOKLYN CENTER desires to locate and construct new
bicycle parking facilities, State Project 141 - 091 -028 ( "Project ") within its boundaries and has been
determined to be eligible for Federal Non - Motorized Transportation Pilot Project funds (hereby
known as the "NTP "); and
WHEREAS, the CITY OF BROOKLYN CENTER recognizes and is relying on the CITY
OF MINNEAPOLIS to act as the financial agent for the receipt of NTP federal grant funds for this
Project to streamline the reporting requirements on behalf of the CITY OF BROOKLYN CENTER;
and
WHEREAS, the CITY OF BROOKLYN CENTER is aware of and understands MnDOT
Agreement No. 97553 and the Project Memorandum dated August 16, 2010, that was created for
this Project and shall follow its provisions; and
WHEREAS, the CITY OF MINNEAPOLIS has agreed to act as the financial agent to
receive approximately $75,000 in NTP federal grant funds (MnDOT Agreement No. 97553) to
procure and furnish bike parking facilities on behalf of cities and counties that are eligible to receive
NTP grant funds; and
WHEREAS, the CITY OF BROOKLYN CENTER understands that the NTP federal grant
funds will be used to the procure and furnish the bicycle parking facilities but will not be used for
the installation, operation.or maintenance of said facilities; and
WHEREAS, the CITY OF BROOKLYN CENTER shall install and assume ownership,
operation and maintenance of the bike parking facilities at its own cost according to the federal NTP
grant provisions and this Agreement.
NOW THEREFORE, in consideration of the mutual promises and mutual obligations of
the City of Minneapolis and the City of Brooklyn Center each of them represents, covenants and
agrees with the other as follows.
1. Minneapolis Obligations.
( Minneapolis through its Director of Public Works or his/her designee shall carry out its fiscal agent
and Agreement responsibilities for the Project. Minneapolis will expect Transit for Livable
Communities (TLC) and each participating City to perform their .due diligence and responsibilities
to complete the Project.
Minneapolis will advertise a bid to contract with a vendor to furnish (purchase and delivery) of
specified bicycle parking facilities to each participating City.
Minneapolis will be responsible for maintaining financial records consistent with federal grant
requirements to keep track of all federal expenses related to these funds.
Minneapolis shall reimburse the approved vendor in a timely manner for any and all eligible federal
costs, and submit documentation for reimbursement to MnDOT when project documentation is
completed.
2. City Eligibility.
Each City agrees to perform the following at their own cost prior to becoming eligible:
a. Submission of candidate locations for possible placement of bike parking facilities to TLC.
b. Provide the proper Certificate of Stand Alone Right of Way for installation locations, or obtain
necessary easements to use private property to locate and grant public access to the respective
bike parking facilities.
c. Provide any environmental information on all proposed locations for a possible bike parking
facility required by the Cultural Resources Unit of the Minnesota Department of Transportation
to assure compliance with all applicable State and Federal environmental requirements.
d. Agree to provide suitable locations and install the bike parking facilities including the
construction of a foundation where necessary.
e. Agree to operate and maintain the bike parking facility for its useful life which for purposes of
this Agreement is a minimum of five (5) years. The end date shall be December 31 following
the fifth year anniversary of the installation. Given a 2011 installation, the end date of the useful
life shall be December 31, 2016; a 2012 installation and end date of December 31, 2017; etc.
Said operation and maintenance includes, but is not limited to, repair or replacement of the
bicycle parking facilities due to graffiti or damage by others.
3. City Obligations.
Subject to the provisions of this Agreement and in conformance with the NTP federal grant and
appropriate provisions of MnDOT Agreement 97553, each participating City after approval of
eligibility agrees to perform the following activities at their own cost:
a. Submit a site plan for each site(s) providing detailed information identified by the NTP Bike
Parking Request template provided by TLC.
b. Obtain written approval of the bike parking facilities site plan(s) by TLC - did`NInDOT Office of
Cultural Resources and State Aid prior to Minneapolis furnishing said facilities.
c. Request bike . parking facilities to be furnished through the bid process administered by
Minneapolis. The costs to furnish the bike parking facilities will be funded by a Federal grant
awarded to Minneapolis. Minneapolis will furnish the bike parking facilities to each
City /County upon the following conditions:
L Use its own local resources (staff and funds) to identify, prepare and install one or more
sites for the placement of bike parking facilities within its boundaries. Said local
resources are not reimbursable by the federal NTP grant funds.
ii. Install all bike parking facilities no later than 30 days from receipt of bike parking
facilities delivered from the vendor.
iii. Provide to TLC and Minneapolis proper documentation of the installation of bike
parking facilities in accordance with the approved site plan(s). Each City will submit to
TLC proper written and photo documentation after the bike parking facility has been
purchased, delivered and installed. The installation and its financial documentation must
be retained at the each participating City for a sufficient length of time to allow for
proper audit and close out of the Project.
4. Removal of Bike Parking Facilities by City.
( If a City elects to move or remove a bike parking facility prior to the end of its useful life, the
following procedures shall be followed.
A City may elect to move or remove the bike parking facility by declaring a greater public purpose
or reasons related to protecting the public health, safety and welfare. Said removal will not be
granted based on lack of proper operation and maintenance duties required by each City.
If said move or removal is for temporary purposes related to adjacent construction or development
purposes defined as less than one year and will be reinstalled at the same location then no further
action is needed.
If said move or removal will be greater than one year than thirty (30) days prior to its removal, the
City must notify Minneapolis of its intent to remove the bike parking facility.
If the said bike parking facility will be moved to another location, then a relocation request site
plan shall be submitted to Minneapolis. Minneapolis will coordinate with TLC, if the NTP program
still exists. Minneapolis shall either approve a new location within the City for the bike parking
facility or request that the bike parking facility be returned to Minneapolis for installation elsewhere
in the Twin Cities eligible NTP area.
Minneapolis will respond to the removal notification within the thirty (30) day notification period
and notify the participating City in writing of its decision.
Each City will be responsible for the removal and delivery cost of the bike parking facility to
Minneapolis, but will not be responsible for repayment of any NTP federal grant due to the removal
of the bike parking facility.
The above removal provisions will no longer be in effect after the five_ (5) minimum useful life as
described in Section 2e.
IN WITNESS WHEREOF, the parties have set their hands as of the day and year first
above written.
CITY OF BROOKLYN CENTER
By:
Its Mayor
By:
Its City Manager
For the City of Minneapolis
Approved:
By:
Public Works Department
Approved as to Form
By:
Assistant City Attorney
Countersigned:
Finance Officer or Designee
r - SAMPLE Bike Parking request form; locations, jurisdiction and rack types are for EXAMPLE ONLY
Appendix — Approved NTP Bike Walk Twin Cities Bike Parking Program — Eligible Rack Specifications
Style A— Inverted U rack
19
35"
24••
o rs
.. .. .. ,. FiC�•'.Sr Kea
32" Area =16.7 square foot
75"
0
APPROVED BWTC BIKE PARKING PROGRAM SPECS WILL
BE PROVIDED BY TLC
Transit for Livable Communities SAMPLE Bike Parking Request Form Page 4
SAMPLE Bike Parking request form; locations, jurisdiction and rack types are for EXAMPLE ONLY'
Style B — Post rack
h`
1;
6.5"
2.375"
32" 75"
Transit for Livable Communities SAMPLE Bike Parking Request Form Page 5
r SAMPLE Bike Parking *request form; locations, jurisdiction and rack types are for EXAMPLE ONLY
l Style C — Swerve rack
t 1 � h' � l•
34 r r �;� yl
21.511 Y v
1 I
,s }
12
32" Area =16.7 squnre feet 75 "
[� O
o
Transit for Livable Communities SAMPLE Bike Parking Request Form Page 6
I
City Council Agenda Item No. 6h
c
1
COUNCIL ITEM MEMORANDUM
� DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer JA
SUBJECT: Resolution Authorizing Traffic Control Signal Agreement No. 97861M for the
Intersections at Trunk Highway No. 100 at County State Aid Highway (CSAH)
No. 57 (57 Avenue North) between the Minnesota Department of
Transportation, Hennepin County and the City of Brooklyn Center
Recommendation:
It is recommended that the City Council consider approval of the resolution authorizing Traffic.
Control Signal Agreement No. 97861M for maintenance and operation of the existing traffic
control signals for the intersections at Trunk Highway (TH) 100 at County State Aid Highway
(CSAH) 57 (57 Avenue North) between the Minnesota Department of Transportation,
Hennepin County and the City of Brooklyn Center.
Background:
The Minnesota Department of Transportation (Mn/DOT) and Hennepin County have recently
agreed to transfer jurisdictional authority to the County for the operation of the traffic control
signals located at the intersections of Trunk Highway 100 at County State Aid Highway (CSAH)
No. 57 (57 Avenue North), both the east and west ramps. Mn/DOT has provided the attached
agreement to provide for the operation and maintenance responsibilities of the signal system.
Under this agreement, certain maintenance and operation responsibilities of Mn/DOT are being
transferred to Hennepin County. The City of Brooklyn Center's maintenance responsibilities
remain unchanged in comparison to the previous agreement's responsibilities (Signal Agreement
No. 77578).
Budget Issues:
There is no change or further budget implications under this agreement pertaining to the City of
Brooklyn Center.
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING TRAFFIC CONTROL SIGNAL AGREEMENT
NO. 97861M FOR THE INTERSECTIONS AT TRUNK HIGHWAYNO. 100 AT
COUNTY STATE AID HIGHWAY (CSAH) NO. 57 (57 AVENUE NORTH)
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION,
HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER
WHEREAS, Minnesota Department of Transportation (Mn/DOT) and Hennepin County
have recently agreed to transfer jurisdictional responsibilities for the traffic control signal system located
at the intersections of Trunk Highway 100 at County State Aid Highway (CSAH) 57 (57 Avenue
North), both the east and west ramps; and
WHEREAS, Mn/DOT has requested that the City of Brooklyn Center, Hennepin County,
and Mn/DOT enter into an agreement to provide for the maintenance and operation of said traffic
control signal system as set forth in Agreement No. 97861M.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The City of Brooklyn Center enter into. an agreement with Nh /DOT and
Hennepin County for the following purposes, to wit:,
To provide maintenance and operation assistance of the existing traffic control
signals, street lights, emergency vehicle pre - emption, and signing on Trunk
Highway 100 at CSAH 57; and install interconnect on Trunk Highway 100, east
and west ramps, at CSAH 57, accordance with the terms and conditions set forth
and contained in Agreement No. 97861M.
2. The Mayor and City Manager are hereby authorized to execute such
agreement and any amendments, and thereby assume for and on behalf of the
City all of the contractual obligations contained therein.
April 25, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof: {
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MINNESOTA TRANSPORTATION DEPARTMENT.
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 97861M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF HENNEPIN
AND
THE CITY OF BROOKLYN CENTER
FOR
Maintenance and Operation of the existing Traffic Control
Signals with Street Lights, Emergency Vehicle Pre - emption,
Signing, and Interconnect on Trunk Highway No. 100, East Ramps,
at County State Aid Highway No. 57 (57 Avenue North); and on
Trunk Highway No. 100, West Ramps, at County State Aid Highway
No: 10 (57 Avenue North) , in. Brooklyn Center, Hennepin County,
Minnesota.
C.S. 2755
System No.'s 21394 and 21395
Prepared by Metropolitan District Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
None None
Otherwise Covered
PARTIES
THIS AGREEMENT is entered into by the Minnesota
Department of Transportation, (State), the County of .Hennepin,
(County), and the City of Brooklyn Center, (City).
RECITALS
Minnesota Statutes Section 161.20 authorizes the
Commissioner of Transportation to enter into agreements with any
governmental authority for the purposes of constructing,'
maintaining and improving the Trunk Highway system.
The parties desire to provide the maintenance and operation
for the existing traffic control signals, including street
lights, emergency vehicle pre- emption, signing, and interconnect
between the traffic control signal cabinets (Traffic Control
Signals)`, on 'Trunk Highway No. 100, East Ramps, at County State
Aid Highway No. 57 (57 Avenue North); and on Trunk Highway No.
100, West Ramps, at County State Aid Highway No. 10 *(57 Avenue
North).
Emergency vehicle pre- emption (EVP Systems)were previously
installed at the above locations in accordance with.Agreement
No. 77578, between the parties.
The County, City and the State will participate in the
maintenance and operation of the existing Traffic Control
Signals and EVP Systems.
97861M
-1-
f
CONTRACT
1. The responsibilities for the existing Traffic Control
Signals are as follows: a) The City will, at its cost and
expense: (1) re -lamp the existing traffic control signals,
replace the signal system L. E. D. indications and clean the
existing traffic control signals; (2) clean the exterior of the
controller and service cabinets; (3) re -lamp the street lights;
(4) clean and paint the existing traffic control signals and
luminaire mast arm extensions; and.(5) maintain the luminaires
and all their components, including replacement of the luminaire
if necessary; and b) The State will be responsible for the costs
to maintain the interconnect (between the traffic control signal
cabinets), and the signing, and all other traffic control signal
and street light maintenance not performed by the City. The
County will perform such maintenance and be reimbursed by the
State as covered in the Master Agreement No. 87483 -R, between
the County and the State. Painting will be in accordance with
Mn /DOT Standard Specification 2565.3T, unless approved by the
State's District Traffic Engineer.
97861M
-2- i
2. The City will, at its cost and expense, pay all
monthly electrical service expenses necessary to operate the
existing Traffic control Signals and EVP Systems.
3. The existing EVP Systems will be maintained or removed
in accordance with the following conditions and requirements:
a) It shall be the State's responsibility, at
its cost and expense to maintain the EVP
Systems which is to be performed by the
County on a reimbursable basis, as covered
in the Master Agreement No. 87483 -R, between
the County and the State.
b) Emitter units may be installed only on
authorized emergency vehicles, as defined in
Minnesota Statutes Section 169.01,
Subdivision 5. Authorized emergency
vehicles may use emitter units only when
responding to an emergency. The City will
provide the State's Metropolitan District
Engineer or his /her designated
representative a list of all vehicles with
emitter units, upon request.
c) Malfunction of the EVP Systems must be
reported to the County immediately.
i
97861M
-3-
l d) In the event the EVP Systems.or its
components are, in the opinion of the State,
being misused or the conditions set forth in
Paragraph b above are violated, and such
misuse or violation continues after the City
and County receives written notice from the
State, the State may remove the EVP Systems.
Upon removal of the EVP Systems pursuant to
• I
this Paragraph, all of its parts and
components become the property of the State.
e) All timing of the EVP Systems will be
determined by the County's Traffic Engineer.
4. All timing of the existing Traffic Control Signals
will be determined by the County's Traffic Engineer.
5. The County will maintain and keep in repair the
existing Traffic Control Signals and EVP Systems. The County
will operate the existing Traffic Control Signals and EVP
Systems, as specified in Paragraphs 1, 3 and 4.
6. The County will invoice the State and be reimbursed by
the State, as covered in the Master Agreement No. 87483 -R,
between the County and the State, for the actual costs it incurs
in maintaining and keeping in good re* '� the existing Traffic
Control Signals and EVP Systems, as specified in Paragraphs 1,
97861M
-4-
3, 4, and 5, excluding the following: re -lamp the existing
traffic control signals, replace the signal system L. E. D.
indications and clean the existing traffic control signals;
clean the exterior of the controller And service cabinets; re
lamp the street lights; clean and paint the existing traffic
control signals and luminaire mast arm extensions and maintain
the luminaires and all their components, including replacement
of the luminaire if necessary, assigned to the City by this
Agreement.
7. The City, County, or the State may terminate the terms
and conditions covering maintenance and operation contained in
Paragraphs 1, 3, 4, 5, and 6 upon providing 30 days notice to
the other parties. The City's termination must be accomplished
by a resolution of the City Council. The County's termination
must be accomplished by a resolution of the County Board. The
State's termination must be accomplished by a letter from
Mn /DOT's Metropolitan District Engineer. Upon termination,
responsibility for the Traffic Control Signals and EVP Systems
will be as follows: a) The City will, at its cost and expense:
(1) re -lamp the existing traffic control signals, replace the
signal system L. E. D. indications and. clean the existing
traffic control signals; (2) clean the exterior of the
controller and service cabinets; (3) re -lamp the street lights;
(4) clean and paint the existing traffic control signals and
luminaire mast arm extensions; and (5) maintain luminaires
97861M
-5-
and all their components, including replacement of the luminaire
if necessary; and b) The State will be responsible for the costs
to maintain the .interconnect (between the traffic control signal
cabinets), and the signing, and all other traffic control signal
and street light maintenance not performed by the City. In
addition, all timing of the Traffic Control Signals -and EVP
Systems will be determined by the State, no changes may be
made except with the approval.of the State.,
8. Each party will be solely responsible for its own acts
and omissions, and the results thereof, to the extent authorized
by law. The State's liability is governed by the Minnesota Tort
Claims Act, Minnesota Statutes Section 3:736. The County's and
City's liability is governed by Minnesota Statutes Chapter 466
and other applicable law. Each party will be solely responsible
for its own employees for any Workers Compensation Claims.
9. Upon execution and approval by the County, the City
and the State, this agreement will supersede and terminate
Agreement No'. 77578, Dated August 6, 1998, regarding the
intersections of Trunk Highway No. 100, East Ramps, at County
State Aid Highway No. 57 (57 Avenue North); and Trunk Highway
No. 100, West Ramps, at County State Aid Highway No. 10 (57
Avenue North), between the parties.
10. Any amendment to this Agreement must be in writing and
will not be effective until it has executed and approved by
97861M
-6-
1 1
the same parties who executed and approved the original
Agreement, or their successors in office.
. 11. If any party fails to enforce any provisions of this
Agreement, that failure does not waive the provision or its
right to enforce it.
12. This Agreement contains all negotiations and
agreements between the parties. No other understanding
regarding this Agreement, whether written or oral, may be used
to bind either party.
13. Minnesota law governs this contract. Venue for all
legal proceedings arising out of this Agreement, or its breach,
must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14. This Agreement is effective on the date the State
I
obtains all required signatures under Minnesota Statutes 16C.05,
Subdivision 2, and will remain in effect until terminated by
written agreement of the parties.
15. The State's obligation to perform any work, or to let
a Contract.for the performance of the work referenced above, is
subject to the availability of funding from the Minnesota
Legislature or other funding source.
97861M
-7-
16. Authorized Agents
a. The State's Authorized Agent for the purpose of
the administration of this Agreement is Allan
Espinoza, Mn /DOT Metropolitan District Traffic
Engineering, or his successor. His current address
and phone number are 1500 West County Road B2,
Roseville, MN 55113, (651) 234 -7812.
b. The County's Authorized Agent for the purpose of
the administration of this Agreement is Jim Grube,
Hennepin County Engineer, or his successor. His
current address and phone number are 1600 Prairie
Drive, Medina, MN 55430, (612) 592 -0300.
C. The - City's Authorized Agent for the purpose of
the administration of this Agreement is Steven L.
Lillehaug, Director of Public Works /City Engineer
for Brooklyn Center or his successor. His
current address and phone number are 6301 Shingle
Creek Parkway, Brooklyn Center, MN 55430 (763)
569 -3328.
97861M
-8 -.
HENNEPIN COUNTY
Approved:
By
Chair of its County Board Date
And
County Administrator Date
And
Assistant County Administrator,- Date
Public Works
Approved as to form:
By
Assistant County Attorney Date
Approved as to execution:
By
Assistant County Attorney Date
Attest:
By
Deputy /Clerk of the County Board Date
Recommended for approval:
By
Director, Transportation Department Date
and County Engineer
97861M
i -9-
i
CITY OF BROOKLYN CENTER
By:
Mayor
Date
By:
Title
Date:
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION
RECOMMENDED. FOR APPROVAL:
By:
Metropolitan District State Design Engineer
Engineer
Date:
COMMISSIONER OF ADMINISTRATION As to form and execution:
As delegated to Materials
Management Division By:
Contract Management
By: Date:
Date:
97861M
-10-
I
l
City Council Agenda Item No. 6i
c
COUNCIL ITEM MEMORANDUM
( DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2011 -01, 02, 03 and 04, Palmer Lake East Neighborhood Street and Utility
Improvements
Recommendation:
It is recommended that the City Council consider approval of the lowest responsible bid and
award a contract to Ryan Contracting Company for Improvement Project Nos. 2011 -01, 02, 03
and 04, Palmer Lake East Neighborhood Street and Utility Improvements.
Background:
Bids for the Palmer Lake East Neighborhood Street and Utility Improvements, Project Nos.
2011 -01, 02, 03 and 04, contract were received and opened on April 14, 2011. The bidding
results are tabulated below:
BIDDER TOTAL
Ryan Contracting Company $6,790,002.00
Kuechle Underground, Inc. $7,031,504.75
LaTour Construction, Inc. $7,292.897.25
S.R. Weidema, Inca $7,621
Of the four (4) bids received, the lowest bid of $6,790,002.00 was submitted by Ryan
Contracting Company of Elko, Minnesota. Ryan Contracting Company has the experience,
equipment and capacity to qualify as the lowest responsible bidder for the project.
Budget Issues:
The bid amount of $6,790,002.00 was higher than the estimated construction amount of
6,223,446.00, which is a 9.1 percent increase. The 9.1 percent increase (approximately $566,500)
was a result of two individual bid items — dewatering and the sanitary sewer pipe. These two
items alone were $579,166 greater than our original estimated amount for these items. Further
evaluation of the project, specifically the soil borings that were taken in the fall of 2010 in
comparison with the contractor's pre -bid soil borings that were taken in the spring of 2011, have
shown an increase in water table elevations of approximately three to four feet. This significant
water table increase led to the notable increases in the two individual unit prices that are most
affected by a higher water table and resulted in the higher than normal expected prices for these
construction items.
The total estimated budget including contingencies, administration, engineering and legal was
$7,338,230.13 and is amended to $7,904,786.13 (see attached Resolution — Costs and Revenues
( tables).
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the puhlic bust
( Member introduced the following resolution and moved
its adoption:
I
i
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NOS. 2011 -01, 02, 03 AND 04, PALMER LAKE
EAST NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos.
2011 -01, 02, 03 and 04, bids were received, opened, and tabulated by the City Clerk and Engineer
on the 14`" day of April, 2011. Said bids were as follows:
Bidder Total
Ryan Contracting Company $6,790,002.00
Kuechle Underground, Inc. $7,031,504.75
LaTour Construction, Inc. $7,292.897.25
S.R. Weidema,'Inc. $7,621,126.10
WHEREAS, it appears that Ryan Contracting Company of Elko, Minnesota is the
lowest responsible bidder.
( NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with Ryan Contracting Company of Elko, Minnesota in the name
of the City of Brooklyn Center, for Improvement Project Nos. 2011 -01, 02,
03 and 04, according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Engineer.
2. The estimated project costs and revenues are as follows:
Amended
COSTS Estimated per Low Bid
Contract $6,223,446.00 $ 6,790,002.00
Lighting $ 130,000.00 $ 130,000.00
Contingency $ 317,672.30 $ 317,672.30
Subtotal Construction Cost $6,671,118.30 $ 7,237,674.30
Admin/Legal /Engr. $ 667,111.83 $ 667,111.83
Total Estimated Project Cost $7,338,230.13 $ 7,904,786.13
RESOLUTION NO.
Amended
REVENUES Estimated per Low Bid
Street Assessment $1,374,606.41 $1,374,606.41
Storm Drainage Assessment $ 423,050.87 $ 423,050.87
Sanitary Sewer Utility $1,329,814.79 $1,696,619.99
Water Utility Fund $1,055,629.58 $1,177,674.58
Storm Drainage Utility Fund $1,029,230.54 $1,102,673.04
Street Light Utility $ 150,150.00 $ 150,150.00
Street Reconstruction Fund $1,975,747.94 $1,980,011.24
Total Estimated Revenue $7,338,230.13 $7,904,786.13
April 25, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof.
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 61
c
COUNCIL ITEM MEMORANDUM
( DATE: April 19, 2011
TO: Curt Boga City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer 5
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2011 -05 and 06, Unity Avenue and Shingle Creek Parkway Street Improvements
Recommendation:
It is recommended that the City Council consider approval of the lowest responsible bid and
award a contract to T.A. Schifsky and Sons, Inc., for Improvement Project Nos. 2011 -05 and 06,
Unity Avenue and Shingle Creek Parkway Street Improvements.
Background:
Bids for the Unity Avenue and Shingle Creek Parkway Street Improvements, Project Nos. 2011-
05 and 06, contract were received and opened on April 14, 2011. The bidding results are
tabulated below:
BIDDER TOTAL
T.A. Schifsky and Sons, Inc. $ 923,730.54
Hardrives, Inc. $1,064,950.89
C.S. McCrossan Construction, Inc. $1,166,149.50
Of the three (3) bids received, the lowest bid of $923,730.54 was submitted by T.A. Schifsky and
Sons, Inc., of St. Paul, Minnesota. T.A. Schifsky and Sons, Inc., has the experience, equipment
and capacity to qualify as the lowest responsible bidder for the project.
I
Budget Issues:
The bid amount of $923,730.54 is within the 2011 budgeted amount (see attached Resolution —
Costs and Revenues tables). The total estimated budget was $1,166,000.00 and is amended to
$1,166,640.29.
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure the City drinking water is high quality and that the storm water is
properly managed
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
i
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NOS. 2011 -05 AND 06, UNITY AVENUE AND
SHINGLE CREEK PARKWAY STREET IMPROVEMENTS
WHEREAS, pursuant to an advertisement. for bids for Improvement Project Nos.
2011 -05 and 06, bids were received, opened, and tabulated by the City Clerk and Engineer on the
14 day of April, 2011. Said bids were as follows:
Bidder Total
T.A. Schifsky and Sons, Inc. $ 923,730.54
Hardrives, Inc. $1,064,950.89
C.S. McCrossan Construction, Inc. $1,166,149.50
WHEREAS, it appears that T.A. Schifsky and Sons, Inc., of St. Paul, Minnesota is the
lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City .Council of the City of
Brooklyn Center, Minnesota, that:
1. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with T.A. Schifsky and Sons, Inc., of St. Paul, Minnesota in the
name of the City of Brooklyn Center, for Improvement Project Nos. 2011 -05
and 06, according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Engineer.
2. The estimated project costs and revenues are as follows:
Amended
COSTS Estimated per Low Bid
Contract $ 934,100.00 $ 923,730.54
Lighting $ 10,000.00 $ 10,000.00
Contingency $ 94,000.00 $ 92,865.00
Subtotal Construction Cost $1,038,100.00 $1,026,595.54
Admin/Legal /Engr. $ 127,900.00 $ 140,044.75
Total Estimated Project Cost $1,166,000.00 $1,166,640.29
l i
( RESOLUTION NO.
Amended
REVENUES Estimated per Low Bid
Street Assessment $ 204,814.26 $ 204,814.26
Sanitary Sewer Utility Fund $ 18,500.00 $ 15,604.34
Water Utility Fund $ 6,500.00 $ 5,229.51
Storm Drainage Utility Fund $ 24,300.00 $ 13,010.96
Street Light Utility Fund $ 13,200.00 $ 13,225.00
Municipal State Aid Fund $ 744,200.00 $ 745,527.97
Street Reconstruction Fund $ 154,485.74 $ 169,228.25
Total Estimated Revenue $1,166,000.00 $1,166,640.29
April 25, 2011
Date Mayor
ATTEST:
City Clerk
( The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
City Council Agenda Item No. 6k
COUNCIL ITEM MEMORANDUM
DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Approving Final Plat for 6536 Willow Lane (STORLA ADDITION)
Recommendation:
It is recommended that the City Council consider approval of the Resolution Approving Final
Plat for 6536 Willow Lane (Storla Addition).
Background:
The attached final plat for 6536 Willow Lane (STORLA ADDITION) was developed by Mark
D. Kemper on behalf of the property owner, Ned R. Storla, and would allow a replat of "that part
of Lot 15, Auditors Subdivision Number 310 ". This plat would form two parcels. The Brooklyn
Center City Council approved the proposed plat based upon certain conditions (see attached
conditions of approval - Planning Commission Resolution No. 2011 -01).
Mr. Kemper is now seeking final plat approval from the City Council. The final plat is
recommended for approval subject to the conditions established by the City Attorney based on a
review of an updated (within past 30 days) Torrens Certificate provided by the applicant,
conditions as previously recommended by the Planning Commission, and any conditions
established by Hennepin County for recording of the plat documents.
Budget Issues:
The applicant has paid a final plat application fee of $125.
Council Goals:
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT FOR 6536 WILLOW LANE (STORLA
ADDITION)
WHEREAS, the Planning Commission has recommended approval for the final plat
for 6536 Willow Lane (STORLA ADDITION) based on certain conditions as set forth in the
Planning Commission Resolution No. 2011 -01; and
WHEREAS, Mark D. Kemper has applied for approval of the final plat for 6536
Willow Lane (STORLA ADDITION) as required by City Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the final plat for 6536 Willow Lane (STORLA ADDITION) is
hereby approved, subject to the following conditions:
1. Conditions as previously recommended by the Planning Commission Resolution
No. 2011 -01.
2. Evidence of title satisfactory to the City Attorney and City Engineer.
3.. Any other conditions as established by Hennepin County for recording of said
Final Plat.
April 25, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member Parks introduced the following resolution and moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2011 -01
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2011 -002, A REQUEST FOR
PRELIMINARY PLAT APPROVAL OF 6536 WILLOW LANE (STORLA
ADDITION)
WHEREAS, Planning Cornrnission Application No. 2012 -002 submitted by Mark
Kemper, PLS, requests Preliminary Plat approval of a subdivision, to be known as Storla Addition,
a replat to split an existing residential lot (6536 Willow Lane), to create a second buildable lot; and
i
WHEREAS, this property has 155.15 feet of frontage on Willow Lane and a lot
area of 24,150 sq. ft. which would allow the creation of two lots which exceed the minimum
j dimensional standard of 75 feet of lot width and minimum lot area requirement of 10,500 sq.ft.;
and
WHEREAS, the Planning. Commission held a duly called public hearing on
February 17, 2011 at which time a staff report and public testimony regarding the preliminary plat
of 6536 Willow Lane ( Storla Addition) were received; and
( WHEREAS, the proposed preliminary plat identified that the existing residence is
located within the 100 year flood plain and lies 2.39 feet within the front yard setback; and
WHEREAS, the review of this application has determined that the existing
residence was constructed in 1956 and that this subdivision application does not expand or
intensify the nonconforming conditions of the structure.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -002
submitted by Mark Kemper, PLS be approved based upon the following considerations:
1. The final plat is subject to review and approval by the City Engineer
Department.
2. The final plat is subject to the provisions of Chapter 15 of the City
Ordinances.
3. That the plat is subject to review by the West Mississippi Watershed, the
DNR, and Army Corps of Engineers.
4. The dedication of a 20 foot drainage and utility easement along the rear lot
line from the 818 elevation on the south lot line to the 818 elevation on the
north lot line.
i
I
5. That no fill is placed below the 100 year flood elevation.
6. That a final grading plan is approved by the City Engineer prior to the
issuance of a building permit.
7. That the property owner make the necessary alterations to the south wall of
the residence to meet the side yard building setback or obtain a 1+ foot
variance in lot width for Lot 2.
Date Chair
r
ATTES "T•
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Leino and
upon vote being taken thereon, the following voted in favor thereof:
Chair Rahn, Commissioners Kuykendall, Leino, Morey, Parks and Schonning.
and the following voted against. the same: None
whereupon said resolution was declared duly passed and adopted.
j
f
i
R.T. DOC. NO.
STORLA ADDITION
KNOW ALL MEN BY THESE PRESENTS: Ned R. Stale, o single person, fee Owner of the fdlowing described property situated in the County of Hennepin, BROOKLYN CENTER, MINNESOTA
Stale IT MNneaota, to —wit:
Thi, plat al STORLA ADDIOON woe Oppr — ontl —1pted by the Clty Council of Brooklyn Center, Minnesota, at a regular, meeting thereof held
this day of 20— If -PP 11&1 , Me written mmmenla and recommendations of tM1e Commissioner of Transporlolion
ontl the Co..ly Blg"y Engineer have been received by the City or the prescribed 30 day period has elapsed without —.1pt. of such Comment.
1- part Of Lot 15, Auditor's —di-- No. 310, Hennepin C Onty, Mlnneao[o, lying East of the center Ilne of Willow Lon a. The North Ih. of and recommendations, as provided by Minn. SON- Section 505.03, Subd. 2.
above land hos been tl--i —d by Judicial Landmork eel purauant t0 -- Case No. 19581.
CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA
Has caused 111e same 10 be .urveyod and plattetl os STORLA ADDITION and does hereby donate and tledicate to the public tar public use Forever. 9 Mayor
the lane Ond oleo dedicates thO easements for drainage Ontl u ility purposes as shown On Ihls plat.
By Manager or Clerk
In witness whereat said Ned R. Stado has M1ereunlo It his hand this doy of 20_
Netl R. Steno
STATE OF MINNESOTA
COUNTY OF
The loregoing instrument was Ocknowedged before me this doy of 20— by Ncd R. Stone.
TA %PAYER SERNCLS DEPARTMENT,
Hennepin County, Minnesota
Notary Public, _ only, Minnesota I hereby certify that I,— payable In and prior y xwrs have been paid for land tles H— on lhi. plot.
My Commission Expires Doted this _ day of 20�
( Jill L. Al--, Hennepin County Auditor
BY
Deputy
SURVEY D -10II,
Hennepin County, Minnesota
purauant to Minnesota Statutes, 511. 3038.565 (1909) this plot has been Opp,.- this _ doy of
Wlliom P- grown, Hennepin County Surveyor
1 hereby certify thel this plat of STORLA ADDITION Is rect representation of Bie boundary survey, that all moMemoticd dole and labels Ore By
ecuy de signaled en the that IN m n menls depictetl on the plat have been o will be rcectly set wilhln one year O n,11 ed on the plot;
that 011 tef boundOriea and wet lands o of dale of the surveyoe . cer1i11cat1on O e shown �.1d labeled on the plat; that all public ays Ore
shown and Iabeled on the plat. I Further certify that this plat was P pamtl by me or un rec
der my dit supervision a d that I am O duly licensed land
surveyor under the lows .1 the Stale of Minnesota.
Mark D. Kemper, Professional Land Surveyor
Minnesota License N.. 18401
STATE OF MINNESOTA
COUNTY OF REGISTRAR OF TITLES
Hennepin County, ml...sole
The Foregoing Surveyor'. Certificate was acknowledged before ma this , doy of 20— by Mork D. Kemper, Pmfessionol Land
Surveyor. I hereby certify that the within plot of STORLA ADDITION was recorded in this office this _ tlo of 20 _
of o'dack _m.
MI—II H. C ... iN, Registrar of Titles
Notary FILLc, County, Minnesota B
Y
My Commission Expire, ., Oeputy
KEMPER & ASSOCIATES INC.
PROFESSIONAL LANG SURVEYORS '
SHEET 1 OF 2 SHEETS
STORLA ADDITION R.T. DOC. NO.
AN
85'25'36° E
—RD-NE OF —1-1 11—ON N
"
—LE IN FEET
'0
ON I —
21�1
LOT 1
0/. 1. 1— — R..
T —PER —1
F— —1.1
BLOCK 1
Z-
N 8519' ±165
1 1 N 1 1 LOT 2
DRAINAGE AND UTIUTY EASEMENTS
ME SHOWN THUS:
12E.1
KEMPER & ASSOCIATES INC.
A" M uxieg 'T
l.
—A.FF TIM 1 s 8519,OB" W 25.73 —.11 uIF OF 1., 1, PROFESSIONAL LAND SURVEYORS
SHEET 2 OF 2 SHEETS
l
City Council Agenda Item No. 61
i
COUNCIL ITEM MEMORANDUM
( DATE: April 25, 2011
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning, City Manager /Director of Building & Community
Standards
SUBJECT: A Transitory Ordinance Relating to the Regulation of Signs; Adding New
Brooklyn Center City Code, Section 34- 140.2.p
Recommendation:
It is recommended that the City Council consider approval /adoption of A Transitory Ordinance
Relating to the Regulation of Signs; Adding New Brooklyn Center City Code, Section 34-
140.2.p
Background:
Brooklyn Center was incorporated as the Village of Brooklyn Center on February 14, 1911.
Therefore, the year 2011 marks the 100 anniversary of the City. The year 2011 has been
designated as the Centennial Celebration for the City as an official civic celebration. Events and
activities are scheduled throughout the year as part of the celebration.
( The Centennial Committee goals of the City's Centennial Celebration are to build civic and
community pride, to provide wholesome family recreational activities and to promote the City
for purposes of economic development and reinvestment in the community. In order to foster
these goals, it is important to inform the public of the existence of the Centennial Celebration, to
advertise its various events and to promote attendance and participation by the erection and
maintenance of signs and banners on public property. Therefore, a transitory sign ordinance
amendment is drafted for your consideration to allow certain signs to be placed on City property
under the authority of the City Manager. If adopted, it would be effective for through 2011 and
would apply to Centennial Celebration Events. It would automatically repeal on December 31,
2011.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Ongoing:
5. We will improve the image of the City with citizens and those outside of the City's
borders
{
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves. the public trust
i
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the. day of
2011, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider a transitory ordinance relating to'the regulation of signs; adding new
Brooklyn Center City code, section 34- 140.2.p.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO.
A TRANSITORY ORDINANCE RELATING TO THE REGULATION OF
SIGNS; ADDING NEW BROOKLYN CENTER CITY CODE, SECTION 34-
140.2.p.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Statement of Purpose.
Brooklyn Center was incorporated as the Village of Brooklyn Center on February
1911. Therefore the year 2011 marks the 100 anniversary of the City. The year 2011 has been
designated as the Centennial Celebration for the City as an official civic celebration. The City
Council finds that it is a public purpose and in the interest of the City and its citizens to support
the City's Centennial Celebration to build civic and communitpride, to provide wholesome
family recreational activities and to promote the City for purposes of economic development and
reinvestment in the community. The City Council further finds that it is in the public interest to
inform the public of the existence of the Centennial Celebration, to advertise its various events
and to promote attendance and participation by the erection and maintenance of signs and
banners on public property_
Section 2. Brooklyn Center City Code, Section 34 -140 is amended by adding new paragraph 2.
p. as follows:
p. signs erected on City proppgy by, or under the authority of, the City Manager that inform
the public of the various events conducted as part of the City's Centennial Celebration
and promote the Centennial Celebration.
Section 3. This Ordinance shall expire and be automatically repealed at 11:59 p.m. on December
31, 2011.
Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of , 2011.
Tim Willson, Mayor
ATTEST:
Sharon Knutson, City Clerk
Date of Publication:
Effective Date:
( Str -ikeo indicates matter to be deleted, underline indicates new matter.)
I
City Council Agenda Item No. 6m
c
i
• DEDICATED TO PUBLIC SAFETY
-k
RICHARD W. STANEK
HENNEPW COU7PTY SIfElUrr
April 2011
Dear Councilmembers:
I am writing to ask for your consideration of the attached Resolution in Support of the
Sheriffs New 911 Communications Facility.
The Hennepin County Sheriff's Office provides 911 emergency dispatch for 19 fire departments
and 23 police agencies in thirty -six communities across Hennepin County, including your city.
We are the largest consolidated public safety answering point in the upper Midwest, handling
nearly 600,000 events each year.
Our existing communications facility, located in Golden Valley, is now over sixty years old and
must be replaced in order to ensure continued 911 services and to accommodate future
advancements in communications technology.
The new 911 communications facility will be located in Plymouth, adjacent to the Adult
Correctional Facility at Parkers Lake, near County Road 6. Schematic design is well underway
and we expect construction to begin in 2012 with a move -in date early 2014.
Because of the regional and statewide significance of this project, we are working with the
county board to secure state and federal dollars to support this project.
Adoption of this resolution demonstrates local support for the project and helps secure these
state and federal funds. State and federal funding for this project ultimately benefits Hennepin
County taxpayers by decreasing the amount of property taxes necessary to fund this project.
As the legislature may discuss a state bonding package in the next few weeks, I would appreciate
your timely consideration of this request.
If you have any questions about this request, please feel free to contact me directly at
612.348.2347 or Sandra Westerman, Director of Intergovermental Relations for the Sheriffs
Office at 612.543.0694 Sandra .westerman @co.hennepin.mn.us
Thank you for your consideration of this request. I look forward to our continued partnership to
advance public safety in Hennepin County.
Sincerely,
Richard W. Stanek
Hennepin County Sheriff
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION SUPPORTING HENNEPIN COUNTY SHERIFF'S NEW
REGIONAL 911 EMERGENCY COMMUNICATIONS FACILITY
WHEREAS, the City of Brooklyn Center values public safety as a core service of
government; and
WHEREAS, reliable emergency communications is a critical component in the
delivery of public safety; and
WHEREAS, the City of Brooklyn Center receives police and fire dispatch service
from the Hennepin County Sheriff's Office, with over 45,000 police dispatch events handled in 2010
within Brooklyn Center; and
WHEREAS, the Hennepin County Sheriff's Office currently provides dispatch to 36
entities across Hennepin County from a 60 plus year -old building in Golden Valley scheduled to be
replaced in 2012/2013 with a new facility on county -owned property in Plymouth, adjacent to the
Adult Correctional Facility at Parkers Lake; and
WHEREAS, the new Hennepin County Sheriff's Office emergency communications
facility is important to public safety.
NOW, THEREFORE, BE IT RESOLVED, that the City of Brooklyn Center supports
the construction of a new Hennepin County Sheriff's Office Regional 911 Communications Facility.
BE IT FURTHER RESOLVED, that due to the regional nature of this project, the
City of Brooklyn Center encourages the Minnesota State Legislature and Federal Elected Officials to
support this project through state bonding and state and federal grants.
April 25, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6n
c
( COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Cleric &"k4L_�Nv
DATE: April 19, 2011
SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by The
Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held
May 7, 2011
Recommendation:
It is recommended that the City Council consider approval of the application and permit for
temporary on -sale liquor license submitted by The Church of St. Alphonsus, 7025 Halifax
Avenue North, for an event to be held May 7, 2011.
Background:
The Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and
permit for temporary on -sale liquor license for an event to be held May 7, 2011.
The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the
license, along with a certificate of coverage for liquor liability insurance, and has existed as a
religious organization for at least three years. After Council review, the application and permit
will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling
Enforcement Division for approval.
City Ordinance Section 11 -107 (6)
Temporary On -Sale Intoxicating Liquor License. This license may be issued only
upon receiving the approval from the Commissioner of Public Safety. The license may
be issued only in connection with a social event within the city that is sponsored by a
club or charitable, religious, or other nonprofit organization that has existed for at least
three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a
year. The license may authorize the sale of intoxicating liquor to be consumed on the
Premises for not more than three consecutive days, and the City shall issue no more than
twelve days' worth of temporary licenses to any one organization or for any one location
within a 12 -month period. The temporary license may authorize the sale - of intoxicating
liquor to be consumed on Premises other than Premises the licensee owns or permanently
occupies. The temporary license may provide that the licensee may contract for
intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor
License issued by any municipality.
Budget Issues:
There are no budget issues to consider.
C ol Or
OF PUg.��,y"�s7p,r��S
aPe� ' 9
Minnesota Department of Public Safety's
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION �'. �c..,•
s ,P 444 Cedar Street Suite 222, St. Paul MN 55101 -5133
4r FOF MI0 N 650 � ..tr ,
(651) 20f -7507 Fax (651) 297 -5259 TTY (651) 282 - 6555
WWW.DPS.STATE.MN.US
APPLICATION AND PERMIT -
FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER
The Church of St. Alphonsus 2/28/1959 ES 32045(MN)
STREET ADDRESS CITY STATE ZIP CODE
7,025 Halifax Ave N Brooklyn Center MN 55429
NAME Of PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE
Fr.-Patrick J. Grile, C.St.R. (76� 561 -5100 ( ) same
DATES LIQUOR WILL BE. SOLD TYPE OF ORGANIZATION
May 7; 2011 CLUB CHARITABLE RELIGIOUS OTHERNONPROFIT
ORGANIZATION OFFICER'S NAME ADDRESS
Fr. Patrick J._Grile, C.Ss.R. Same as above
ORGANIZA OFFICER'S N ME ADDRESS
ORGANIZATION OFFI 'S NAME ADDRESS.
Location license will be used. If an outdoor area, describe Parish school gym
Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providingthe service.
No
Will the applicant carry liquor liability insurance? If so, please providethe carrier's name and amount of coverage.
Cathol i_C Mutual of Gmaha
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING
ENFORCEMENT
O COUNTY �1 DATE APPROVED
% CITY FEE AMOUNT �� LICENSE DATES
D E FEE PAID
SIGNATURE CITY CLERIC OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address
above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event
PS-09079 (12/09)
Certificate of Coverage D 4 /19/2011
/ Certificate Holder This Certificate is issued as a matter of information only and
1 Archdiocese of St. Paul- Minneapolis confers no rights upon the holder of this certificate. This certificate
Chancery Office does not amend, extend or alter the coverage afforded below.
226 Summit Avenue
St. Paul, MN 55102 Company Affording Coverage
THE CATHOLIC MUTUAL RELIEF
SOCIETY OF AMERICA
Covered Location 10843 OLD M1LL RD
St, Alphonsus. Catholic Church OMAHA, NE 68154
7025 Halifax Avenue North
Brooklyn Center, MN 55429
Coverages
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate
indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and
conditions of such coverage. Limits shown may have been reduced by paid claims.
Type of Coverage Certificate Number Coverage Effective Coverage Expiration Limits
Date Date
Property Real & Personal Property
General Liability Each Occurrence 500
General Aggregate
P / Occurrence Products- Comp /OP Agg
8589 7/1/2010 7/1/2011
® Claims Made Personal & Adv Injury
Fire Damage (Any one fire)
Med Exp (Any one person)
Excess Liability Each Occurrence 500
8589 7/1/2010 7/1/2011
Annual Aggregrate
Other Each Occurrence
Claims Made
Annual Aggregrate
Limit /Coverage
Description of Operations /Locations/vehicles /Special Items (the following language supersedes any other language in this endorsement or the Certificate in
conflict with this language)
Coverage is verified with regard to the Covered Location's Cinco de Mayo Celebration, to be held on parish grounds, May 7, 2011.
Includes Liquor Liability.
Holder of Certificate Cancellation -
Should any of the above described coverages be cancelled
City of Brooklyn Center before the expiration date thereof, the issuing company will
6301 Shingle Creels Parkway endeavor to mail 0 days written notice to the holder of
Brooklyn Center, MN 55430 certificate named to the left, but failure to mail such notice shall
1 impose no obligation or liability of any kind upon the company,
its agents or representatives.
Authorized Representative
0111002188
t
City Council Agenda Item No. 7a
COUNCIL ITEM MEMORANDUM
DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Proclamation Declaring May 15 -21, 2011 Public Works Week in Brooklyn Center
Recommendation:
It is recommended that the City Council consider adoption of a proclamation declaring May 15-
21, 2011, as Public Works Week in Brooklyn Center.
Background:
National Public Works Week is a celebration of the tens of thousands of men and women in
North America who provide and maintain the infrastructure and services collectively known as
public works. Instituted as a public education campaign by the American Public Works
Association in 1960, the weeklong celebration calls attention to the importance of public works
in community life. The week seeks to enhance the prestige of the professionals who serve the
public good every day with quiet dedication. In 2011, we celebrate the contributions of public
works professionals as well as the communities they serve.
The Public Works Department employees 37 full time and 16 seasonal employees in the six
divisions of the Department— Engineering, Street Maintenance, Parks Maintenance, Public
Utilities, Capital Building Maintenance and the Central Garage. All divisions work together as a
team to provide high - quality service for people who live, work, and visit Brooklyn Center.
Many of the tasks like plowing streets, mowing parks, putting up signs, pumping water,
maintaining large equipment and designing improvement projects are high profile. Many more
tasks are completed almost unnoticeable except in their absence.
Many people do not realize that many of the efforts of the department take place while everyone
else is sleeping. It is not unusual for street or park employees to get called out in the middle of
the night after a storm to clear fallen trees from the road, or to plow or provide ice control during
a winter storm, or utility employees to be called out to respond to a sewer backup or water main
break. Our Public Works employees take great pride in their work.
Budget Issues:
There are no budget issues to consider..
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
Ongoing:
6. We will ensure 'the City drinking water is high quality and that the storm water is
properly managed
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
PROCLAMATION
DECLARING MAY 15-21,2011
PUBLIC WORKS WEEK IN BROOKLYN CENTER
WHEREAS, public works services provided in our community are an integral part of our citizens'
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as engineering, water,
wastewater, storm drainage, streets and highways, parks, capital building
maintainence and central vehicle fleet maintenance; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities
and services; and
WHEREAS quality and effectiveness of these facilities as well as their planning, design, and
construction is vitally dependent upon the efforts and skill ofpublic works personnel;
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKL YN CENTER, State of Minnesota,
with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 15 -21,
2011, as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens
and civic organizations to acquaint themselves with the issues involved in providing our public
works and to recognize the contributions which public works personnel make every day to our
health, safety, comfort, and quality of life.
April 25, 2011
Date Mayor
Council Members
ATTEST:
City Clerk
AGENDA
CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
( April 25, 2011
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
Council Chambers
City Hall
A copy of the frill City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. In- Street Pedestrian Crossing Sign Traffic Policy
2. Budgeting For And Use Of State Aid Funds
PENDING LIST FOR FUTURE WORK SESSIONS
Later /Ongoing
1. Progress Reports on Achievement of Strategic Goals
2. School District Discussions /BC Strategic Plan Report
3. All City Open House
4. Sister City Update
5. Neighborhood Designations
6. Active Living Program
7. Graduated Sanitary Utility Rate Study
8. Garbage Hauler Organized Collection Update
9. Financial Commission Report — Utility Collection
10. Youth Participation Request
11. Highway 252 Update — June 2011
12. Annual Department Year End Reports
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Work Session Agenda Item No. I
MEMORANDUM - COUNCIL WORK SESSION
DATE: April 19, 2011
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer Ad'
SUBJECT: In- Street Pedestrian Crossing Sign Traffic Policy
Recommendation:
It is recommended that the- City Council consider providing direction to staff regarding council
policy pertaining to In- Street Pedestrian Crossing Signs. If acceptable, a final policy will be
prepared for formal adoption.
Background:.
In response to a suggestion raised by Council at its October 24, 2010, meeting pertaining to the
use of the in- street pedestrian crossing warning signs to help enhance pedestrian safety
throughout the City, staff has developed the attached draft council policy for consideration.
The in- street pedestrian crossing sign is a State of Minnesota approved traffic control device and
may be used at certain locations to help raise awareness of crosswalks. Use of this traffic control
device must follow certain guidelines and warrants as established by the State of Minnesota and
contained in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The
attached draft policy has been developed to meet local needs while adhering to the State of
Minnesota's requirements and guidelines.
The cost of these signs is approximately $300 per sign. Management and maintenance of the
signs would be performed by the City's public works street department. Implementation of the
signs. by the City would only qualify on City streets and not on County and Mn/DOT
jurisdictional roadways. I am not aware of certain studies performed relative to the success of
these signs but personal experience with programs in other cities has been favorable by the
residents. It should also be noted that needed maintenance of these signs is anticipated to be high
and repetitive due to several experienced issues such as vehicles frequently running over the
signs and in some instances vandalism and/or theft of the signs.
Policy Issues:
Does City Council support the In- Street Pedestrian Crossing Sign Traffic Policy?
Does City Council desire to initiate a formal City Council policy for this traffic control element?
Council Goals:
Strategic:
1. We will ensure a safe and secure community
5. We will continue to maintain and upgrade City infrastructure improvements
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
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X.XX In Street Pedestrian Crossing Sign Traffic Policy
1. Background
A. Rights and Responsibilities
Both pedestrians and motorists in the State of Minnesota have rights and
responsibilities on the roadway. Statistics and public response continue to
reveal that the rights of pedestrians are not very well respected by
motorists. This fact increases the potential for accidents and pedestrian
injury at crosswalks.
B. Purpose
The purpose of this policy is to allow the usage of and give guidance for
the installation of the In- Street Pedestrian Crossing Sign (RI -6b) in
accordance with the Minnesota Manual on Uniform Traffic Control
Devices for Streets and Highways (MMUTCD). The In- Street Pedestrian
Crossing sign (R1 -6b) may be used to remind road users of the Minnesota
State law that requires the driver of a vehicle to stop to yield the right -of-
way to a pedestrian crossing the roadway within a marked crosswalk. It
should be noted that studies show that excessive use of signs and
pavement markings can substantially reduce the effectiveness of such
devices. Therefore, a consistent application of this policy will serve both
the motorist and pedestrian within the City.
2. Process
A. City Staff will formalize all traffic safety concerns or requests and work
with the requestor to gather pertinent facts to help clearly define the
problem and seek a solution. City Staff will review those facts,
determine if the request is warranted, and share this determination with
the requestor. If a disagreement occurs with the recommendation or
additional information and /or facts emerge that are persuasive as related to
the City warrants /policies for the requested issue, the Administrative
Traffic Committee will review the issue.
3. Guidelines
A. The following guidelines are standards and warrants for the use of In-
Street Pedestrian Crossing Signs (R1 -6b)_:
1. The provisions of the Minnesota Manual on Uniform Traffic
Control Devices (MMUTCD) shall be followed.
2. Relevant speed, volumes, accident records, pedestrian counts, sight
obstructions and demographic analysis shall be reviewed when
considering In- Street Pedestrian Crossing Sign installations.
3. The sign shall not be used at intersections whose approaches are
controlled by either stop signs or traffic control signals.
4. The sign should only be used at key locations, such as high
pedestrian volume crosswalks, to avoid overuse.
5. The sign shall only be used at existing crosswalk locations.
6. The sign shall only be used as an in- street sign, not on the outside
shoulder or parking lane. When installed, the sign shall not impede
or obstruct any traffic movement, including through or turning
movements.
7. When the sign is used at or in advance of a school crossing to
supplement the ground mounted school warning signs, the sign
shall include the SCHOOL plaque.
8. The sign shall be used seasonally due to safety issues with the use
of the sign during the winter and to prevent damage during the
winter because of plowing operations.
9. The sign shall only be installed on City streets and maintained by
the City of Brooklyn Center at qualifying locations that are
determined and prioritized by the Administrative Traffic
Committee.
10. The sign shall only be used in 35 mph or lower speed zones.
11. The sign shall only be used on streets with vehicle traffic volumes
that exceed 5,000 vehicles per day.
12. Only one sign structure shall be used per approach at marked
crosswalks.
13. Any of the following supplemental conditions may warrant the
sign's installation:
a. Those locations adjacent to and along established
pedestrian routes to and from a school.
b. Locations adjacent to community centers, libraries, and
other high use public facilities.
C. Locations adjacent to public parks.
d. Locations where accident records, sight obstructions and /or
pedestrian volume warrants the installation.
e. Locations where significant numbers of handicapped
persons cross a street.
£ Locations where significant numbers of senior citizens
cross a street.
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Work Session Agenda Item No. 2
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MEMORANDUM - COUNCIL WORK SESSION
DATE: 20 April 2011
TO: Curt Boganey, City Manager
FROM: Daniel Jordet, Director of Fiscal & Support Services
SUBJECT: Financial Commission Recommendation
Recommendation:
The Financial Commission is recommending to the City Council that State Aid funds in the form
of LGA and /or MVHC be used for non - operational needs.
Background:
During the 2011 budget process, the City Council asked the Financial Commission to consider
the receipt and use of sources of revenue from the State of Minnesota that have become
unreliable. The attached memorandum from the Financial Commission, which was adopted by
the Commission at their March 17, 2011 meeting, gives a recommendation on that issue.
Policy Issues:
How much should the City depend on sources of revenue from the State of Minnesota that have
become unreliable but may still be significant enough to require planning for their use?
Council Goals:
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
2. We will ensure the financial stability of the City
Dlission: Ensuring an attractive, clean, safe conatnunity that enhances the quality of life andpreserves they public trust
Memorandum
Date:. April 25, 2011
To: Brooklyn Center City.Council
From: Brooklyn Center Financial Commission
Re: Budgeting for and Use of State Aid for operations
SUMMARY
State Aid in the form of Local Government Aid (LGA) and Market Value
Homestead Credit (MVHC) allotted to the City of Brooklyn Center should not be
used for regular, ongoing expenses. LGA should be used, if and when received,
to supplement long term or one time funding needs of the community and MVHC
should be kept in the General Fund as a supplement to annual operations.
CONSIDERATIONS
During the process of developing the 2011 Budget the. City Council asked the
Financial Commission to recommend a solution to the ongoing problem of
budgeting for and using State Aid.
State Aid, primarily in the form of Local Government Aid (LGA) has been
allocated to the City of Brooklyn Center since the 1970's. The source for this
funding has been receipts from the State imposed sales tax. In the 1990's, a
proposal to raise the sales tax 1.00% and dedicate it to the permanent funding
of LGA through a Local Government Trust Fund. While the sales tax was
increased by that 1.00 %, the Local Government Trust Fund was not established.
As a result, LGA remained as a source to. be funded from the general pool of
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State revenues.
In 2003 the first major reduction of LGA took place as the result of revenue
constraints on the part of State government. As a result, LGA dropped
significantly from. 2003 to 2004 in the planning for budgeted revenues. From
2004 through 2007, the State paid the full, though reduced, amounts of LGA to
cities. In 2008 the State found itself in another revenue crisis and reduced LGA
on very short notice; within 20 days of the fiscal year end. As a result Brooklyn
Center lost $ 459,465 in revenues it expected to receive as State Aid just prior to
the end of the fiscal year. Given the.expectation that the funds would be paid to
the City,.the funds had already been committed to.operational spending and
disbursed.. For 2009 and 2010, the situation became even more difficult with
LGA amounts being reduced from allotted levels during the fiscal year for which
they were to have been received. Brooklyn Center took the position that the
operating budgets must be reworked at mid -year in order to take those
{ reductions into account. As a result, Brooklyn Center's budget plan remained
balanced but mid -year reductions in expenditure authorizations created
adjustments and reductions in operations.
For the 2011 budget year, the City Council decided that no more than 4.50% of
the General Fund revenue should be budgeted from LGA /MVHC State Aid for
operations. This was done in order to formulate a budget that would be as "cut
proof' as possible should the State make further cutbacks in LGA. _ At the same
time the City Council asked the Financial Commission to consider the situation
and make recommendations for planning in future budget years.
The Financial Commission took up this discussion at meetings on June 7, 2010
and January 20, 2011. The discussion at the June meeting produced two
questions regarded as keys to a recommendation;
• How much of the General Fund budget should be made up of State Aid
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dollars?
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• If the City receives more State Aid than budgeted, for what should it be
used?
Further discussion at the January 20, 2011 meeting resulted in a suggestion that
reliance on LGA be reduced to zero for operations. Implementing this
recommendation over a two, three or four year period could be considered.
Market Value Homestead Credit (MVHC) is a more difficult payment to predict
and adapt to. It is a discount to the property taxes of the City given to
homeowners living in those owned homes based on the market value_ of those
homes. It is given on a sliding scale that rises to a maximum credit of $ 304.00
at a $ 76,000 market value. MVHC then declines using a formula of
Credit = $ 304.00 - ((market value - $ 76,000)* .09)
making the credit zero at a market value of $ 413,778. The City shares this
credit with the other taxing jurisdictions based.on its portion of the capacity .
based property tax extension rate. The difficulty with this State payment is that
is not an "aid" in the sense that it provides additional revenue. It is a
replacement of dollars discounted from property taxes levied by the City. If the
MVHC is not funded, the property tax revenues decrease by the amount of the
credits given by the State but not paid by the State to the City.
A final MVHC number for the City is not determined until mid -year each fiscal
year. Proceeds are distributed to cities in October and December. As a result
advance planning for and managing MVHC is difficult. Estimates can be derived
using a formula of prior year adjusted by.overall market value change.
This estimate is included in the total 4.50% of General Fund revenues limitation
used by the City Council in 2010. The Commission continues to recommend this
method of estimate and planning but also recommends that the reliance on the
reimbursement of the MVHC be reduced in the same manner as reliance on LGA.
CONCLUSION
If LGA or MVHC is received during a fiscal year, LGA should be applied to costs
or projects that are not a part of regular operations but .require funding in or
after that fiscal year. Examples would include building maintenance, street
reconstruction, park maintenance, equipment replacement or technology
improvements. MVHC should stay in the General Fund as it derives from levy of
the property tax and result from planning for ongoing operations.
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