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Home My WebLink About1996 04-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER • April 22, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies a. Flag Ceremony - Boy Scout Troop #575 4. Council Report 5. 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 Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. Aril 6 - April 199 Regular Session b. Resolution Accepting Bid and Awarding Contract for Improvement Project No. 1996 - 13, Playground Equipment Replacement at Grandview, Garden City, Kylawn, Marlin, Riverdale and West Palmer Lake Parks i C. Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1996- 01, 02, and 03, Contract 1996 -B, Orchard Lane East, Neighborhood Street, Utility, and Storm Drainage Improvements d. Resolution Rejecting Bids for One (1) Hopper -Type Sander; One (1) Front Snow Plow, One (1) Underbody Plow and One (1) Hydraulic System e. Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1995 -04, Contract 1996 -I, Lift Station No. 1, and Force Main Replacement £ Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1993 -18, Contract 1996 -J, Bob Cahlander Park and Ride Landscaping g. Resolution Approving Plans and Specifications and Approving Cooperative Agreement with City of Minneapolis on Improvement Project No. 1996 -10, 53rd Avenue, from Xerxes Avenue to Upton Avenue, and Xerxes Avenue, from 49th Avenue to 53rd Avenue, Street Improvements CITY COUNCIL AGENDA -2- April 22, 1996 h. Resolution Authorizing Settlement of Special Assessment Appeal on Brookdale • Towers i. Resolution Accepting Quotation for Shingle Creek Parkway Retaining Wall, Improvement Project No. 1996 -14, Contract 1996 -F J. Resolution Acknowledging and Congratulating Sue LaCrosse as the City of Brooklyn Center Employee of the Quarter, First Quarter 1996, and Congratulating All First Quarter Nominees k. Proclamation Declaring April 30, 1996, as Gilbert D. Engdahl Day 1. Licenses 6. Presentation a. Employee of the Quarter Award to Sue LaCrosse 7. Open Forum 8. Public Hearing a. An Ordinance Vacating Part of a Street Easement (James Circle North) in Registered Land Survey No. 1482, Hennepin County, Minnesota -This ordinance was first read on March 25, 1996, published in the City's official newspaper on April 3, 1996, and is offered this evening for a public hearing and second reading. - Requested Council Action: -Open the public hearing. -Take public input. - Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Amending Ordinance No. 95 -02 Extending the Moratorium on the Siting of Adult Establishments -This ordi +ance was first read on March 25, 1996, published in the City's official newspaper on April 3, 1996, and is offered this evening for a public hearing and second reading. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items a. Update on Mobile Digital Terminals for Police Squads - Requested Council Action: -No action. CITY COUNCIL AGENDA -3- April 22, 1996 b. Update on Bituminous Contracting • -Requested Council Action: -No action. 10. Adjournment EDA AGENDA CITY OF BROOKLYN CENTER April 22, 1996 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. April 8, 1996 - Regular Session 4. Commission Consideration Items a. Resolution Providing for a Public Hearing Regarding the Sale of Land by the Economic Development Authority in and for the City of Brooklyn Center and Authorizing the Executive Director to Negotiate a Purchase Agreement for the Sale of Such Land Located at 5449 Emerson Avenue North in Brooklyn Center • Requested Commission Action: -Adopt resolution. 5. Adjournment • L 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 8, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. The City Clerk administered the oath of office to Charles F. Nichols, Sr. to serve as Council Member and Economic Development Authority Commissioner for the City of Brooklyn Center. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols. Also present were City Manager Michael J. McCauley, City Clerk Sharon Knutson, Director of Public Services Diane Spector, Community Development Director Brad i Hoffman, Assistant City Manager \Personnel Coordinator Nancy Gohman, City Engineer Scott Brink, City Attorney Charlie LeFevere, and Council Secretary Carla Wirth. OPENING CEREMONIES James McClosky offered the invocation. COUNCIL REPORTS None. PRESENTATION: Human Rights and Resources Commission Essay Contest Awards Neng Yang, Human Rights and Resources Commissioner, explained the process used with the essay contest on the topic of U.N. Declaration of the Rights of the Child. He also explained the process used in judging the essays and extended his appreciation to those involved with this contest. Mr. Yang recognized other Human Rights and Resources Commissioners in attendance and announced the following award winners: Eighth Place: Yimeem Vu Seventh Place: Andy Betsinger Sixth Place: James Bush 4/8/96 - 1 - Fifth Place: Brian Hanka Fourth Place: Niriksha Bhakta Third Place: Steph Harmon Second Place: Adam Graves First Place: Tina Marie Ziskovsky Mayor Kragness congratulated all award winners and presented them with an award in the form of U.S. savings bonds donated by First Bank, Marquette Bank, Norwest Bank, and Twin City Federal. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the April 8, 1996, agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES MARCH 21 1996 - SPECIAL WORK SESSION A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of March 21, 1996, special work session as printed passed unanimously. MARCH 25, 1996 - REGULAR SESSION A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of March 25, 1996, regular session as printed passed unanimously. MARCH 27. 1996 - SPECIAL SESSION A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of March 27, 1996, special session as printed passed unanimously. PROCLAMATIONS Member Kristen Mann introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 14 THROUGH APRIL 21, 1996, AS DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST The motion for the adoption of the foregoing proclamation was duly seconded by member Kathleen Carmody and the motion passed unanimously. Member Kristen Mann introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 21 THROUGH APRIL 27, 1996, AS NATIONAL VOLUNTEER RECOGNITION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Kathleen Carmody and the motion passed unanimously. 4/8/96 -2- RESOLUTION NO. 96-81 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1996 -12, CONTRACT 1996 -D, 1996 DISEASED TREE REMOVAL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and the motion passed unanimously. RESOLUTION NO. 96-82 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE 1996 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES The motion for the adoption of the foregoing resolution was duly seconded b member Kathleen P g g Y Y Carmody and the motion passed unanimously. RESOLUTION NO. 96-83 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BEVERLY WOLFE FOR HER DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and the motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following list of licenses: COURTESY BENCH U.S. Bench Corporation 3300 Snelling MECHANICAL SYSTEMS Allied Fireside, Inc. dba Fireplace Corner, dba Heat N Glo 2700 Fairview Ave. N. Blaine Heating, A/ 2 Central C and Electric Inc. 1356 C r l A ve. NE , C.O. Carlson Air Conditioning Co. 1203 Bryant Ave. N. Faircon Service 1891 W. County Road C Gilbert Mechanical Contractors 4451 W. 76th Street 4/8/96 -3- Lakeland North Heating & A/C, Inc. 16041 Kangaroo Street NW Managed Services, Inc. 6500 Oxford Street MECHANICAL SYSTEMS - CONTINUED Metropolitan Mechanical Contractors, Inc. 7340 Washington Ave. S. P & H Services Co. , Inc. 1601 67th Ave. N. Pere's Repair, Inc. 8835 Xylon Ave. N. Property Repair Services P.O. Box 68111 R & S Heating and A/C, Inc. 12651 Zenith Ave., Suite 107 Riverside Mechanical LLC 1410 98th Lane NW PUBLIC DANCE Davidson Hotel Company dba Minneapolis North Hilton 2200 Freeway Boulevard RENTAL DWELLINGS Initial: Tracy Rice 5801 Ewing Ave. N. Abraham Ziv 4207 Lakeside Ave. N. 9235 Chett Saver 6900 Morgan Ave. N. Renewal: Patrick J. Gaughan Victoria Townhouses Duane Orn 5407 Brooklyn Blvd. Dorothy Ostrom - Ringstrom 6025 Brooklyn Blvd. Christian Knutson 5200 France Ave. N. Hal Gensler 5214 Great View Ave. N. Muchtar and Fatima Sajady 7205 Perry Court E. Dennis J. Bona 5207 Xerxes Ave. N. Gary Olson 3715 69th Ave. N. Eugene and Diane Wright 4408 69th Ave. N. SIGN HANGER Suburban S, Li htin Inc. 6607 Lake Elmo Ave. N. Lighting, TOBACCO RELATED PRODUCT Davidson Hotel Company dba Minneapolis North Hilton 2200 Freeway Boulevard OPEN FORUM Mayor Kragness noted the Council had received one request to use the open forum session this evening. 4/8/96 -4- Richard Strong, 516 - 62nd Avenue North, explained he had received a citation for code violations. He requested a two -month extension to gain compliance with these code violations. He stated he will remove the backhoe by June and has placed the cement mixers in the garage along with the unlicensed cars. He explained he is replacing the cab on his truck and these parts will be relocated in June, but he would like an extension so he has enough time to complete the project. The City Manager distributed photographs to the Council and displayed slides of Mr. Strong's property. Mr. Strong provided a narrative of items shown in the pictures. A general discussion ensued relative to the emphasis on stronger code enforcement in the City. It was Council consensus that Mr. Strong comply with the Ordinance and to deny his request for a two -month extension. COUNCIL CONSIDERATION ITEMS CODE ENFORCEMENT ITIATIV D INITIATIVE REPORT The City Manager explained the staff and Police Department have worked cooperatively to establish an enforcement effort, training is taking place at this time, and enforcement will begin at the end of April. At that time, a neighborhood survey will be taken to inventory code violations throughout the City. The program will not be driven by complaints, but complaints will also be responded to and chronic nuisances will be referred to the City Attorney for Ordinance violation action. The City Manager advised regarding the process to be taken to conduct a neighborhood survey to identify violations, serve notice, and reinspect following the 15 -day time limit to determine if voluntary compliance or reasonable progress has been made. If not, a tag, citation, or formal complaint will be issued. He advised the City Attorney has been involved in this process to assure enforceability. The City Manager then reviewed the eleven most common code enforcement problems and their corresponding Ordinance section. Councilmember Carmody asked if a heavily used grass area is considered an "improved surface ". The City Manager indicated it is not. The City Manager explained how a data base will be used to identify and track compliance, and that an informative article will be included in the upcoming newsletter to educate the public regarding this process. The Council accepted the code enforcement initiative report as presented. SET DATE FOR COUNCIL WORK SESSION A motion by Councilmember Carmody and seconded by Councilmember Mann to set the date for a Council Work Session for Monday, April 29, 1996, at 7 p.m., passed unanimously. APPOINTMENT OF MEMBER TO SERVE ON AIRPORT SAFETY COMMITTEE Mayor Kragness requested appointment of Councilmember Nichols to serve on the Airport Safety Committee 4/8/96 -5- Councilmember Nichols indicated he would accept this appointment. 0 A motion by Councilmember Mann and seconded by Councilmember Carmody to appoint Councilmember Nichols to serve on the Airport Safety Committee passed unanimously. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA AND PROCLAMATION DECLARING APRIL 26 1996 AS ARBOR DAY AND MAY, 1996, AS ARBOR MONTH IN BROOKLYN CENTER RESOLUTION NO. 96-84 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. Member Kathleen Carmody introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 26, 1996, AS ARBOR DAY AND MAY 1996, AS ARBOR MONTH IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENTS FOR BIDS, IMPROVEMENT PROJECT NOS 1996 -06 07 AND 08 LOGAN. JAMES. AND KNOX STREET STORM DRAINAGE AND UTILITY IMPROVEMENTS AND 1994 -03 AND 04 57TH AVENUE HUMBOLDT TO CAMDEN AVENUES NORTH STREET AND UTILITY IMPROVEMENTS CONTRACT 1996 -G The City Manager noted the large amount of input received from the public hearing. He advised that staff sent out a survey to these neighborhoods and responses indicated support for a 32 -foot width but not for traffic chokers. The City Manager stated the proposed plans and specifications have been revised and scaled back to a 32 -foot width with parking on one side to respond to the concern expressed by residents. With regard to soil contamination, the City Manager advised staff has contacted the Metropolitan Pollution Control Agency (MPCA) to request information and will be following up on that aspect. However, this is an MPCA enforcement issue, not a City issue. The City Manager reported staff will also be conducting traffic counts and determine speed of traffic on Logan Avenue. Councilmember Carmody inquired regarding the number of households surveyed and responses 4/8/96 -6- received. The Director of Public Services estimated 70 surveyed homes and 20 responses received. Councilmember Carmody suggested next time, a category be included on the survey report to include "other issues ". The City Manager advised it appears that about 85th percentile drives within the 30 miles per hour speed limit; a large number of vehicles are not exceeding the speed limit. RESOLUTION NO. 96-85 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENTS FOR BIDS, IMPROVEMENT PROJECT NOS. 1996 -06, 07, AND 08, LOGAN, JAMES, AND KNOX STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, AND 1994 -03 AND 04, 57TH AVENUE, HUMBOLDT TO CAMDEN AVENUES NORTH, STREET AND UTILITY IMPROVEMENTS, CONTRACT 1996 -G The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn the meeting at 7:35 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 4/8/96 -7- �b MEMORANDUM DATE: April 11, 1996 TO: Michael McCauley FROM: Jim Glasoe SUBJECT: Resolution A,9de ng Bid and Awarding Contract for Improvement Project No. 1996 -13, Playground Equipment Replacement at Grandview, Garden City, Kylawn, Marlin, Riverdale and West Palmer Lake Parks The City Council on March 11, 1996 established improvement project number 1996 -13, Playground Equipment Replacement at Grandview, Garden City, Kylawn, Marlin, Riverdale and West Palmer Lake Parks. Bids were solicited and received as follows: Earl F. Anderson $217,000.00 Flanagan Sales, Inc. $220,000.00 Minnesota Wisconsin Playground $220,000.00 All three bidders are reputable firms, with substantial experience in the field. In fact, all three have recently installed playground equipment either for the City or the area school districts. As with the specification for Lions, Orchard and Firehouse Parks last year, these replacements were bid on a performance specification. Performance criteria allow for variables other than cost to be used in evaluating which bid to accept. Potential bidders were provided with details of playground containment areas, a listing of minimum equipment, an estimation of age of perspective users, and a maximum budget figure of $220,000. As with last year's replacements, the proposals were to be evaluated on the design of the playgrounds, amount of equipment, quality of equipment, play value, appeal to various age groups, accessability and effective use of space. Based on the above specified criteria, a committee consisting of the Director of Public Services, City Engineer, Public Services Coordinator, Supervisor of Streets and Parks, Senior Engineering Technician and Park Crew Leader used a point system to evaluate the three proposals. After careful consideration, it is the recommendation of staff that the contract be awarded to Flanagan Sales, Inc. Their design proposals provided best overall appeal, multiple play settings, appeal to all age groups and effective use of space. The Parks and Recreation Commission at their April 16 meeting passed a motion recommending to the City Council that the bid of Flanagan Sales, Inc. be approved. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1996 -13, PLAYGROUND EQUIPMENT REPLACEMENT AT GRANDVIEW, GARDEN CITY, KYLAWN, MARLIN, RIVERDALE AND WEST PALMER LAKE PARKS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1996 -13, bids were received, opened, and tabulated on the 11th day of April, 1996; and WHEREAS, proposals for final design, layout, furnishing and installing of playground equipment were received as follows: Earl F. Anderson $217,000.00 Flanagan Sales, Inc. $220,000.00 Minnesota Wisconsin Playground $220,000.00 WHEREAS based upon the evaluation criteria resented in the project P P P J specifications and recommendations from City staff, the proposal of Flanagan Sales, Inc, of Roseville, Minnesota appears to best meet the needs of the City in terms of overall value. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manger are hereby authorized and directed to enter into a contract with Flanagan Sales, Inc, of Roseville, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1996 -13 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized to return forthwith to all bidders any deposits made with their bids, except any deposits of the selected bidder and the next preferable bidder shall be held until a contract has been executed. 3. All costs associated with the project shall be funded from the Capital Improvements Fund. • RESOLUTION NO. 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. • MEMORANDUM DATE: April 12, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1996 -01, 02, and 03, Contract 1996 -B, Orchard Lane East, Neighborhood Street, Utility, and Storm Drainage Improvements Summary Explanation Bids for Contract 1996 -B were received on April 11, 1996. This contract consists of street, drainage, and utility improvements for the Orchard Lane East area neighborhood. The biddin ig tY P b g results are tabulated as follows: Bidder Bid Amount Thomas and Sons Construction $2,369,969.90 S. R. Weidema, Inc. $2,769,493.99 Northdale Construction $2,773,171.27 Brown & Cris $2,781,457.00 Arcon Construction $2,934,836.60 G. L. Contracting $2,967,994.87 Barbarossa & Sons $2,996,344.65 Lametti & Sons $3,061,358.00 Richard Knutson, Inc. $3,066,675.49 C. S. McCrossan $3,216,810.70 Of the ten bids received, the lowest bid of $2,369,969.90 was submitted by Thomas and Sons Construction, Inc. of Rogers, MN. This is less than the original engineer's estimate of $2,764,300. Thomas & Sons Construction has experience in performing all of the various items of work included in this contract. Thomas and Sons most recently completed neighborhood street and utility improvement projects in Brooklyn Center the past two years. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas & Sons Construction, Inc. of Rogers, Minnesota. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Thomas & Sons Construction, Inc. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. _ RESOLUTION ACCEP'T'ING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1996 -01, 02, AND 03, CONTRACT 1996 -B, ORCHARD LANE EAST, NEIGHBORHOOD STREET, UTILITY AND STORM DRAINAGE IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1996 -01, 02, and 03, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 11th day of April, 1996. Said bids were as follows: Thomas and Sons Construction $2,369,969.90 S. R. Weidema, Inc. $2,769,493.99 Northdale Construction $2,773,171.27 Brown & Cris $2,781,457.00 Arcon Construction $2,934,836.60 G. L. Contracting $2,967,994.87 Barbarossa & Sons $2,996,344.65 Lametti & Sons $3,061,358.00 Richard Knutson, Inc. $3,066,675.49 C. S. McCrossan $3,216,810.70 WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, 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 Thomas and Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1996 -01, 02, and 03 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The estimated project costs and revenues are as follows: RESOLUTION NO. • COSTS Per As Amended Estimated Costs Feasibility Report Per Low Bid Contract $2,764,300.00 $2,369,969.90 Contingency (15 %) $419,190.00 $355,496.00 Subtotal $3,183,490.00 $2,725,465.00 Engineering(10 %) $318,349.00 $272,547.00 Street Lights $100,000.00 $50,000.00 Park Amenities $ 30,000.00 $30,000.00 Administration & Legal(3 %) $ 95,505.00 $81,764.00 TOTAL $3,727,344.00 $3,159,776.00 REVENUES Street Street Assessments $656,750.00 $656,750.00 General Obligation Bonds $1,106,860.00 $616,050.00 Park Assessments $39,034.00 $17,080.00 • Utilities Water $592,200.00 $410,509.00 Sanitary Sewer $491,400.00 $442,330.00 Drainage Storm Drainage Utility $619,230.00 $436,503.00 Regional - (St. Dr.Util.) $328,684.00 Assessments $221,870.00 $221,870.00 Capital Improvement Fund $30,000.00 TOTAL $3,727,344.00 $3,159,776.00 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. .5d • MEMORANDUM DATE: April 12, 1996 TO: Michael McCauley, City Manager FROM: David Peterson, Public Works Superintendent, SUBJECT: Resolution Rejecting Bids for One (1) Hopper -Type Sander, One (1) Front Snow Plow, One (1) Underbody Plow and One (1) Hydraulic System The 1996 Central Garage budget includes $82,640 for the replacement of City truck #42. On March 11, 1996, the Council authorized advertisement for bids for a hopper type sander unit, front plow, underbody plow and hydraulics system. The following bids were received: Crysteel Inc. $12,648.21 MacQueen Co., Inc. $19,480.98 City ublic Works staff has determined that the low bidders proposal for the front snowplow i s tY s o 1 P P wP not acceptable based on reference checking, and on -site inspection at dealership. Various references, including cities of Woodbury, Shoreview, Buffalo, Hennepin County, and Washington County, North and South Districts were checked. All references cited problems with structural integrity of the plow and subsequent in -house repair of welds, structure fabricating, etc., tripping mechanism adjustment, frequent tripping of plow. Our specifications called out certain brands of plows "or approved equal ". The proposed plow was not one of those specified or, based on our reference checks, considered to be equal. Our Options Are: #1 -Reject Bids: Rewrite specifications and obtain written quotations. We would not bid front plow as part of package. #2 - Accept Next Bid: Accept next higher bid, which with trade in of present truck #42 represents a $6,500.00 increase. Recommendation: Option #1 - Reject bids, and rewrite specifications. Both dealers can bid on equipment specified. The City should benefit from the best trade -in price and equipment prices. This is the "cleanest" approach to the situation. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REJECTING BIDS FOR ONE (1) HOPPER -TYPE SANDER, ONE (1) FRONT SNOW PLOW, ONE (1)UNDERBODY PLOW AND ONE (1) HYDRAULIC SYSTEM WHEREAS, the City Council on March 11,1996 approved specifications and authorized advertisement for bids for one (1) hopper -type sander, one (1) front snow plow, one (1) underbody plow and one (1) hydraulic system; and WHEREAS, bids were opened on April 2, 1996 and the following bids were received: Crysteel Inc. $12,648.21 MacQueen Co., Inc. $19,480.98 WHEREAS, the Public Works Superintendent has reviewed the bids submitted, and determined that it is in the City's best interest to reject all bids, rewrite the specifications and • request written quotations. � q NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that all bids submitted to the City on April 2, 1996 are hereby rejected. 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. 5� MEMORANDUM • DATE: April 12, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1995 -04, Contract 1996 -I, Lift Station No. 1 and Force Main Replacement Summary Explanation Bids for Contract 1996 -I were received on April 11, 1996. This contract consists of replacement of existing Lift Station No. 1 and the replacement/rehabilitation of the force main that discharges from the Lift Station. The bidding results are tabulated as follows: B idder Bid Amount Municipal Builders $ 897,000.00 Rice Lake Contracting $ 904,800.00 Lametti & Sons, Inc. $ 952,919.00 • Gridor Construction $1,112,252.10 Of the four bids received, the lowest bid of $897,000.00 was submitted by Municipal Builders. This is less than the engineer's estimate of $930,000.00. Municipal Builders and their subcontractors have experience in performing all of the various items of work included in this contract. Attached is a letter from the project engineering consultant, MSA Consulting Engineers, recommending a contract award to the low bidder. Accordingly, staff recommends acceptance of the low bid and award of a contract to Municipal Builders. P p Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Municipal Builders. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. _ RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1995 -04, CONTRACT 1996 -I, LIFT STATION NO. 1 AND FORCE MAIN REPLACEMENT WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1995 -04, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 11th day of April, 1996. Said bids were as follows: Municipal Builders $ 897,000.00 Rice Lake Contracting $ 904,800.00 Lametti & Sons, Inc. $ 952,919.00 Gridor Construction $1,112,252.10 WHEREAS, it appears that Municipal Builders of Anoka, 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 Municipal Builders of Anoka, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1995 -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 City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The estimated project costs and revenues are as follows: COSTS Per As Amended Estimated Costs Feasibility Report Per Low Bid Contract $ 960,000 $ 897,000 Contingency (15 %) $ 144,000 $ 134,000 Consultant Enginering $ 80,000 $ 80,000 Staff Engineering (2%) $ 19,200 $ 17,940 Administration (3 %) $ 28,800 $ 26,910 TOTAL $1,232,000 $1,155,850 REVENUES • Utilities Sanitary Sewer $1,232,000 $1,155,850 RESOLUTION NO. 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. qsf April 15, 1996 File: 125 - 002 -20 ,q V isnaG alm 1326 E„eV Park Dr ive Mr. Scott Brink, P.E. City Engineer St. W. Nw 551 08 City of Brooklyn Center 612 -W -4389 6301 Shingle Creek Parkway 1. 800.888.2923 Brooklyn Center, MN 55430 Fair. 612. 644.9446 RE: LIFT STATION NO. 1 AND FORCEMAIN REPLACEMENT CITY PROJECT 1995 -04 Dear Mr. Brink: Bids for this project were opened on April 11, 1996. Enclosed please find a tabulation of the four bids received. Municipal Builders is the low bidder at $897,000.00 This compares well with the Engineer's estimate of $930,000. CMLENGWEERM- I'm familiar with and well satisfied with work by Municipal Builders. Most recently, ENVIRONMENTAL Municipal Builders constructed the Pump nd Blower Building at the W omin e P dmg y g, Minnesota MUNICPAL Wastewater Treatment Facility Expansion, for which I am Project Engineer. Municipal mci ai J g W NN ING Builders intends to P subcontract force main work to Penn Contracting. Contracting nzg WASTE has done very satisfactory utility work on projects designed by MSA for the City of STRUCTURAL Mahtomedi. SWEYING TRAFfIc The equipment suppliers listed on the second part of the bid form are all satisfactory. For TRANSPORTATION reasons explained in the attached letter from John Wegner, Municipal Builders requests to change the Instrumentation and Control system supplier entered on the bid form ElEamxwME0mc+L (Automatic Systems Co.) to Instrument Control Systems. Since Instrument ENG;NEERING- Y Control Systems S is one of HVAC Y the three instrumentation and control suppliers specified in Section POWER oISTR,MION 16950 of the Contract Documents, it is recommended that this change be approved. XAOA �coNets It is recommended that Award of Bid be made to Municipal Builders, Inc., in the amount of $897,000.00. Sincerely, MSA, CONSULTING ENGINEERS OFF10ES Bruce A. Irish, P.E. 0NEVOUS $Al:tw R LA E Attachments ST. PAUL 002- 1503.apr W ASECA An Equal Opportuaily Employes .I •,,., t- ►rte,,. 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NIf CIP fO I 31AR61 [x1i 11116 16" HCCUANI 10 H [4AM1 111 SfHNC[ , OP[il CU[ UISTAILAn011 Cf 20' O.D. , Ai7 IIW♦C fORCE4AU1 wn,AU od'o �•\ M SA ulJY1. Y.•rwu nlw ad CITY OF GnOOKLYII CE111rR — - � — u•n.e ,C•a7 WICf{1I AKIWE 110. w„ .,71.IA »..,■ �„ fcRCEUADI ADIAUR11AnOtt ��E 5 6 II�b 1•N(NpR, Y•a1) 1" t1•I) -fill �� yR, fAR J uu y,� � � _ •aIn Lo,u.o .LL-f01_ a • MEMORANDUM DATE: April 11, 1996 TO: Michael McCauley, City Manager n ,� FROM: Diane Spector, Director of Public Services6 V SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1993 -18, Contract 1996 -J, Bob Cahlander Park and Ride Landscaping The City Council b Resolution No. 96 -66 on March 11 1996 approved plans and specifications Y � PP P P and au _ authorized advertise - advertisement for bids for Improvement Project No. 1993 18, Contract 1996 J, Bob Cahlander Park and Ride Landscaping. I I Bids were opened on April 17, 1996, and the following bids received: Woyda and Mortel $85,845.00 Greenworks 86,667.00 Hoffman & McNamara 92,415.50 North Metro Landscaping 95,558.00 The low bid was submitted by Woyda and Mortel, of Rosemount, MN. Woyda and Mortel is a reputable landscaping company with several years of experience performing such work, although they have not worked on a Brooklyn Center project. Our engineering consultants on this project, Short Elliot Hendrickson, have contacted references and reviewed work completed by the firm. According to their references, the work has ben performed satisfactorily, and the attached letter from SEH recommends that the City award a contract to Woyda and Mortel in the bid amount. Note: The prairie grass and native wildflower plantings in the pond area are specialized work not typically performed by landscaping contractors. Therefore, those items were not included in this contract, and will be handled separately. That cost is expected to be just under $15,000. The Engineer's Estimate, including the specialized plantings noted above, was $130,000. If the Council awards a contract to Woyda and Mortel, the total construction cost is expected to be about $100,000, which is less than the estimate. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1996 -J, BOB CAHLANDER PARK AND RIDE LANDSCAPING WHEREAS, pursuant to Resolution 96 -66, the following bids were received and opened on April 17, 1996, for Improvement Project No. 1993 -18, Contract 1996 -J, Bob Cahlander Park and Ride Landscaping. B idder s Bid Amount Woyda and Mortel $85,845.00 Greenworks 86,667.00 Hoffman & McNamara 92,415.50 Metro Landscaping 95,558.00 • WHEREAS, it appears that Woyda and Mortel of Rosemount, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Y tY tY Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Woyda and Mortel of Rosemount, Minnesota in the name of the City f Brooklyn Center, for Improvement Project No. 1993 - tY Y P J 18, Contract 1996 -J according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized an directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. All costs for Improvement Project No. 1993 -18, Contract 1996 -J shall be financed by the Storm Drainage Utility. • RESOLUTION NO. 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. • Ud/ 11 / y0 10: 40 rA.i JLn J1 . rAUL +y + l> l LV:) UU1 UU1 3535 VAONAIS CENTER DRIVE. 200 SEH CENTER. ST PAUL, MN 55110 612 190 2000 6003- ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION April 17,1996 RE: Brooklyn Center, MN Cahlander Park and Park and Ride Landscaping City Project no. 1993-18 Contract 1996 -J SEH No. Broct9502.02 Diane Spector Director of Public Services City of Brooklyn Center 6301 Shingle Creek Parkway 0 Brooklyn Center, MN 55430 Dear Ms. Spector: Four bids were received today for the above referenced project. They ranged in price from $85,845.00 to $95,558.00. The landscape architect's estimate was $112,000. Woyda and Mortel, Inc. submitted the low bid in the amount of $85, 845.00. We have checked their references and they have reportedly had successful projects with the City of St. Paul, MN. We therefore recommend that the City Council consider award of the Bob Cahlander Park and Park and Ride Landscaping project to them. Respectively Yours, S M. Mason, P.E. cc Amy Stefan, Stefan/Larsen Assoc. ShiORT ELLIOTT hiE.NC.RICKSON INC, MINNEAPOLIS, MN ST CLOUD. MN CHIPPEWA FALLS. WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER U • MEMORANDUM DATE: April 15, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 4 SUBJECT: Resolution Approving Plans and Specifications and Approving Cooperative Agreement with City of Minneapolis on Improvement Project No. 1996 -10, 53rd Avenue, from Xerxes Avenue to Upton Avenue, and Xerxes Avenue, from 49th Avenue to 53rd Avenue, Street Improvements On March 11, 1996, the City Council approved a resolution ordering the above improvement project for certain streets shared with the City of Minneapolis. This project is therefore being administered cooperatively with Minneapolis. Plans and specifications for the improvement project have been completed by the City of Minneapolis Engineering Department. All project construction will be performed by the City of Minneapolis Public Works Department. In addition, a cooperative agreement has been developed by staff from both Cities and is ready for approval by the City Council. The agreement provides specific responsibilities and cost share agreements. As previously presented to the City Council, Brooklyn Center's share of the improvement costs is $168,000. The cooperative agreement has already been approved by the City of Minneapolis. As you may recall at the public hearing held on March 11, some residents had specific concerns and requests relating to this project. Staff has contacted and met with these property owners, along with the Minneapolis project engineer. Most of the issues pertain to specific driveway and curb and gutter requests. The majority of these issues have been resolved; however, we are continuing to work with Minneapolis and the property owners to provide satisfactory solutions to any remaining issues. It is recommended that the City Council approve the attached resolution approving laps and PP g P specifications and authorizing approval of a cooperative agreement with the City of Minneapolis. Also attached is an estimated project schedule provided by the City of Minneapolis. It is expected that the majority of the work will be completed by August 1, 1996, weather permitting. Detailed plan sheets will be available for Council review Monday evening, or prior to then at any Council member's request. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND APPROVING COOPERATIVE AGREEMENT WITH CITY OF MINNEAPOLIS ON IMPROVEMENT PROJECT NO. 1996 -10, 53RD AVENUE, FROM XERXES AVENUE TO UPTON AVENUE, AND XERXES AVENUE, FROM 49TH AVENUE TO 53RD AVENUE, STREET IMPROVEMENTS WHEREAS, the City Council on March 11, 1996 by Resolution No. 96 -63 ordered Improvement Project No. 1996 -10, 53rd Avenue from Xerxes Avenue to Upton Avenue, and Xerxes Avenue from 49th Avenue to 53rd Avenue, Street Improvements, and authorized the preparation of plans and specifications and the development of a cooperative agreement with the City of Minneapolis; and WHEREAS, the City of Minneapolis Engineering Department has prepared said plans and specifications; and WHEREAS, a cooperative agreement has been developed by City of Minneapolis and City of Brooklyn Center staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn . Center, Minnesota that: 1. The plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. 2. The Mayor and City Manager are hereby authorized to execute an agreement with the City of Minneapolis providing for said improvements as provided for in the plans and specifications and described in the feasibility report for City of Brooklyn Center Project No. 1996 -10. 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. • f"Irn LO JO 1C./•LJ l�GI 11 7CL1 p V(�r1VCIl (L i MEMORANDUM i TO: Mike McCauley i FROM: Mac LeFevre l DATE: April 17, 1996 RE: Brookdale Towers Pro Special Assessment 8� P� Appeal Our File No. BR291 -146 This was an appeal by the property owner, Brookdale Towers Program, of the special assessment adopted by the City on March 27, 1995, covering Improvement Project No. 1994 -05, 06 in the original amount of $21,331.80. The settlement agreement, subject to approval by the City Council, calls for a reduction of the special assessment from $21,331.80 to $17,125. In return, the property owner will dismiss its appeal of the assessment. The ro is p perry located at 6915 -25 Humboldt Avenue North and consists of 50 residential units. i The project involved the improvement of the intersection of Humboldt Avenue No. and 69th Avenue. The total cost of the project was $550,000, of which $50,000 was assessed against property owners. The assessment was based on a per square foot amount of 210 and was consistent across those properties assessed. i The property owner appealed and took the position that the project did not enhance the value of the value of the property to any significant extent. In particular, the owner's representative testified at deposition that he could not raise the rents as a result of the project, and therefore based upon the available income stream, it did not appear that the project had increased the value of the property. The essential test in a special assessment appeal is whether the project resulted in an increase in Property value in an amount at least as much as the amount of the assessment. The owner has the burden of proof, but the City would have had to come forward with evidence justifying the ' assessment in terns of the increase in value of the ro p may' The City's case was supported by the testimony of the engineer and a professional appraiser. The engineering testimony would have detailed the roadway conditions which resulted in the project and the benefits of this project 1 to this property and surrounding properties. We believe that the appraiser would have testified that the property value was increased by at least the amount of the assessment. However, the owner could and would have introduced evidence from its management staff as well as a professional appraiser that there was little or no increase in value to instifv the assessments. Also, the trial or such a case would have involved significant expense in attorney and appraisal fees, as well as the time of City staff. The settlement is a reasonable one for the City of i HF K Id "7b IU- 15 Kti`NLL)Y GkHVLN f . Mike McCauley Page Two April 17, 1996 i Brooklyn Center in the sense that the resulting assessment is approximately 80% of the initial assessment. The settlement compares favorably with the initial offer of the owner to reduce the assessment to one -half of the initial amount. We believe that based on the costs of proceeding with the appeal, Which was scheduled for trial in Hennepin County District Court in May 1996, that the settlement is a good one for the City and we recommend its approval. I I i + i I ' i 1 I i i , i i • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING SETTLEMENT OF SPECIAL ASSESSMENT APPEAL ON RROOKDAI.E TOWERS WHEREAS, on March 7, 1995, the City Council adopted a roll for the levy of special assessments to finance City Improvement Projects 1994 -05, 06, and 07; and WHEREAS, said assessments included special assessments in the amount of $21,331.80 against property located at 6915 - 6921 Humboldt Avenue North (the "Subject Property "); and WHEREAS, the owner of the Subject Property appealed the special assessment to District Court pursuant to Minnesota S Ahites Section 429.081; and WHEREAS, the parties have discussed settlement of this case, and staff has recommended to the City Council a reduction of the special assessment against the Subject Property to $17,125 to settle the appeal; and WHEREAS, the City Council finds that reduction of the special assessment in order to settle the appeal of the assessment is fair, reasonable, and in the best interests of the City. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The settlement agreement proposed by City staff is approved. 2. The Mayor and City Manager are authorized and directed to execute the settlement agreement. 3. The City Manager is directed to take such steps as are necessary to effect the reduction of the special assessment on the subject property in accordance with the settlement agreement. 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, po g e eon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 5i MEMORANDUM DATE: April 18, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services, SUBJECT: Resolution Accepting Quotations, Shingle Creek Parkway Retaining Wall, Improvement Project No. 1994 -16, Contract 1996 -F, The retaining wall to be reconstructed under this improvement was originally budgeted with the Central Park Plaza Pond retaining wall. The Plaza retaining wall portion of this improvement was removed from this improvement. The Shingle Creek Parkway retaining wall was retained and quotations were received from two contractors. Bids were opened on p April 15, 1996, and the following bids received: Sunram Construction, Inc. $7,613.50 Jay Bros. $10,944.00 The low bid was submitted by Sunram Construction, Inc. of Corcoran, MN. Sunram Construction, Inc. is a reputable landscaping company with many years of experience performing such work. Sunram Construction has completed previous work within the City of Brooklyn Center. The Engineer's Estimate for this construction was $7.954. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATION FOR SHINGLE CREEK PARKWAY RETAINING WALL, IMPROVEMENT PROJECT NO. 1996 -14, CONTRACT 1996 -F WHEREAS, the City of Brooklyn Center's Capital Improvement Program provided for funds to reconstruct the retaining wall at the south entrance to City Hall; and WHEREAS, quotations have been received from two (2) qualified firms providing expertise in providing said services. Sunram Construction, Inc. $7,613.50 Jay Bros. $10,944.00 WHEREAS, the lowest quotation has been received from Sunram Construction, Inc. of Corcoran, MN in the amount of $7,613.50. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The proposal of Sunram Construction, Inc. in the amount of $7,613.50 is hereby accepted. The City Manager is hereby authorized to enter into a contract with Sunram Construction, Inc. to provide construction on the basis of its proposal. 2. All costs associated with Improvement Project No. 1996 -14 shall be funded from the Capital Improvements Project Fund. 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. To: Michael J. McCauley, City Manager From: Nancy Gohman, Assistant City Manager/Person EM0MH0UM Coordinator Subject: Resolution Acknowledging and Congratulating Sue LaCrosse as the City of Brooklyn Center Employee of the Quarter, First Quarter 1996, and Congratulating All First Quarter Nominees Date: April 15, 1996 On April 24, 1995, the City Council approved a request by the Employee Action Committee to implement an Employee of the Quarter and Employee of the Year program. On April 1, 1996, Sue LaCrosse, Program Supervisor at the Brooklyn Center Community Center, was selected Employee of the Quarter, First Quarter 1996, by members of the Employee Action Committee. For her efforts, Sue will receive a rotating plaque for her work area, a copy of a resolution, a photo plaque with her name to hang in City Hall for the quarter, and recognition in city and community publications. Sue is also a candidate for Employee of the Year 1996. Other nominees for Employee of the Quarter, First Quarter 1996 were Dolores Narey, Dale "Willy" Engstrom, AI Hartmann, Barb Johnson, Dave Tombers, Dave Anderson, Gary Giving and Bob Neuenfeldt. All candidates should be congratulated for their hard work and efforts during the quarter. • ■ • Member introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING AND CONGRATULATING SUE LACROSSE AS THE CITY OF BROOKLYN CENTER EMPLOYEE OF THE QUARTER, FIRST QUARTER 1996, AND CONGRATULATING ALL FIRST QUARTER NOMINEES WHEREAS, Sue LaCrosse was selected Employee of the Quarter, First Quarter 1996, by the Employee Action Committee; and WHEREAS, Dolores Narey, Dale "Willy" Engstrom, Al Hartmann, Barb Johnson, Dave Tombers, Dave Anderson, Gary Giving, and Bob Neuenfeldt were also nominated for Employee of the Quarter, First Quarter 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Sue LaCrosse, Dolores Narey, Dale "Willy" Engstrom, Al Hartmann, Barb Johnson, Dave Tombers, Dave Anderson, Gary Giving, and Bob Neuenfeldt be acknowledged and congratulated for their hard work and efforts during the quarter. 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. • • PROCLAMATION DECLARING APRIL 30, 1996, AS GILBERT D. ENGDAHL DAY WHEREAS, Gilbert D. Engdahl has devoted his life to the betterment of the Brooklyn Center community; and WHEREAS, some of the areas of service include that of charter member of the Brooklyn Center Jaycees, Chamber of Commerce, Rotary, District 286 School Board, and the committee to restore the Earle Brown Farm (which has resulted in a first - class, nationally recognized convention center and Bed and Breakfast); and WHEREAS, Mr. Engdahl has been active in his church and has volunteered his expertise in financial management and procedures for the church; and WHEREAS, Mr. Engdahl served as chairman of the Brooklyn Center Planning Commission during the crucial planning phases of the developing community; and WHEREAS, Mr. Engdahl is a board member of the Brooklyn Center Charitable Foundation and is chairman of the grant awards committee; and WHEREAS, Mr. Engdahl has utilized his expertise in financial aspects of projects and he has done e so with honesty, trust integrity, and vision; and WHEREAS, Mr. Engdahl has been identified as the "Conscience of Brooklyn Center - a . treasured resource ", and WHEREAS, the community, through Brooklyn Center Rotary Club's "Service Above Self Program," has honored Mr. Engdahl win upon him the prestigious g gdah by bestowing po "Lifetime Achievement Award." NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 30, 1996, as Gilbert D. Engdahl Day in Brooklyn Center and express the thanks of the community for his years of contribution to the community and express congratulations on receipt of the Lifetime Achievement Award. Date Mayor Attest: . City Clerk S i- City of Brooklyn Center 3 • The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on April 22, 1996: AMUSEMENT DEVICE - OPERATOR Fuddruckers 5800 Shingle Creek Parkway MECHANICAL SYSTEMS Advanced Energy Services, Inc. 3650 Annapolis Lane, Suite 105 Air Conditioning Associates 689 Pierce Butler Route Delmar Furnace Exchange, Inc. 4080 83rd Ave. N. Flare Heating & A/C, Inc. 9303 Plymouth Ave. N., Suite 104 Modern Heating & A/C, Inc. 2318 First Street NE Northstar Heating & Air 3298 78th Street E. Northwest Sheetmetal Co. 2136 Wabash Ave. MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Ford, Inc. 2500 County Road 10 R. L. Brookdale Motors, Inc. 6801 Brooklyn Blvd. Iten Chevrolet Company 6701 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brookl yn Blvd. RENTAL DWELLINGS Initial: Robert VanderSchaaf 5400 -02 Russell Ave. N. Renewal: Earle Brown Farm Apartments Earle Brown Farm Apartments Boulevard Properties 5837 Brooklyn Blvd. ROI Properties 7109 -13 Unity Ave. N. General Approval: Sharon Knutson, City Clerk MEMORANDUM DATE: April 15, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: An Ordinance Vacating Part of Street Easement (James Circle North) in Registered Land Survey Number 1482, Hennepin County, Minnesota Summary Explanation On March 11, 1996, the City Council approved Planning Commission Application No. 96003, Preliminary Plat approval that provided for the subdivision of the parcel of land on which the Budgetel Inn, 6415 James Circle North is located, into two lots. This subdivision provided for the subsequent site approval of a Denny's Restaurant adjacent to the hotel (see attached plan). As one of the conditions of the preliminary plat and building plan approval, a portion of the James Circle North street easement must be vacated. Because the roadway no longer terminates at this location as a cul -de -sac, a large portion of the street easement/right -of -way is no longer needed for roadway purposes. On March 25, 1996, the City Council conducted the first reading of the ordinance and ordered a public hearing to be held on April 22, 1996. A notice of public hearing was published in the City's official newspaper, and private utilities were also directly contacted. Northern States Power Company (NSP) and U. S. West have since notified the City that they have existing buried utilities within the street easement (see attached plan). They have therefore stated that they have no objections to vacation of the street easement, provided that an additional utility easement be provided to allow for their utilities. The other alternative would be for the utilities to relocate their lines at the expense of the applicant. Cable Television and Minnegasco have notified the City that they have no facilities within the existing street easement. Recommended Ci ty Council Action This ordinance was first read on March 25, 1996, and published in the City's official newspaper. The applicant has been notified by the City regarding the utility issues relating to NSP and U. S. West. At the time of this writing, the applicant has not notified the City regarding his intent to either provide an additional utility easement, or to arrange to have the utilities relocated. It is therefore recommended that the Council hold the public hearing as required, but table any decision to a later date until this issue is formally resolved by the applicant. In addition, the easement vacation application fee of $125.00 must still be submitted, along with a formal letter of application. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of ril , 1996, at 7 p.m. or as soon thereafter as may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating part of a street easement (James Circle North) in Registered Land Survey Number 1482. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF STREET EASEMENT (JAMES CIRCLE NORTH) IN EGISTFRF LAND SURVEY NUMBER 1482 HENNEPIN COUNTY. MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of a Street Easement in Registered Land Survey Number 1482, according to the plat on file and of record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: All that part of James Circle North, to be vacated, lying southerly and westerly of the following described line: Beginning at the Northeast comer of Tract A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar of Titles, Hennepin County, Minnesota; thence South 15 degrees 36 minutes 31 seconds West, an assumed bearing along the west right -of -way of James Circle North, a distance of 54.50 feet; thence continuing on an extension of the westerly right -of -way of said James Circle North, a distance of 62.91 feet; thence along a tangential curve to the east, a distance of 131.24 feet having a central angle of 88 degrees 27 minutes 53 seconds and a radius of 85.00 feet; thence South 17 degrees 07 minutes 48 seconds West, a distance of 17.74 feet too the south right -of -way line of James Circle and there terminating. y Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. . Adopted this day of 1996. ATTEST: Mayor City Clerk • Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) A ! ) -- E MA AYr3 P n ° v 1 • VlllWfi AVE. N, p I fARtf p, { \ . \\ `� ��\ \\ � � 'Tq� •a .� 1,'11 ',,� , .� ' O.� O � , 319111115 SU►r111 DR. _ J _ OCall AVE. 11. c fR. rr 1�•- .� ffY _ PC E/RIE ri0M1 DR. 0 � - f JA11E5 AVE 'W13 otit I lic ,t �� ; X �• J: , ; a yl Inv 9)unb - -- -- A N3 GIRARD AVE. it. CIRAAO AVE. ffW. r AREA TO BE VACATED t A, ..r. IA, ., •� ^. 7y s•... ly �, f Of I mo . t� »� » C /y /. - B RACT A; fb aar ; ` lu �; 9 ;1 ,� � /`•._. � c=am .�:.::' .�� lei ........°`. [ .� ».,. •r i L i / �� _ �, '� ►U1a1111O SCli[CUIt `�. <` N •c. '` .,.... / \ p� \ pp / � W es• / ucr r >u_aoa[_o:r__ its a YC u.w cW ..ff Y. Y 1 Gj .._\. ��`��.. \ / .•w .wcloruo..wl Iva ,al �c • •1 J ;� O d_fI11LL0 MKl�_,Grl.�[G • .•J 1 �„ :O wir i ►. LANDSCAPE PLA N • 1 `J '�.ii . SCALE 1'=30' {.. , AACIY1[CI 1:) D C up MEMO To: Michael J. McCauley, City Manager ooe From: Ronald A. Warren, Planning and Zoning Speciali t ' Subject: Ordinance Amending Ordinance No. 95 -02 Extending the Moratorium on the Siting of Adult Establishments Date: April 16, 1996 On March 27, 1995 the City Council adopted Ordinance No. 95 -02 which was an ordinance placing a moratorium on the siting of adult establishments within any zoning district of the City of Brooklyn Center; and directing a study to be conducted. This ordinance became effective on May 5, 1995. The matter was referred to the City's Planning Commission for consideration and study. Also referred to the Commission were a number of studies cited in the moratorium ordinance which the Commission has considered. The Planning Commission has been considering an ordinance amendment regarding the siting of adult establishments, but has not yet made a final recommendation to the City Council. There are a few matters that still need to be resolved before the Commission will make such a recommendation. The moratorium is set to expire on May 5, 1996. On March 25, 1996, the City Council held a first reading on an ordinance amendment which would extend the moratorium until November 30, 1996. This ordinance amendment was published on April 3, 1996 and is scheduled for public hearing and adoption on Monday, April 22, 1996. It is recommended that the City Council, following the public hearing, adopt the ordinance amendment extending the moratorium. O CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of April, 1996, at 7 p.m. or as soon thereafter as the matter may be heard at the city hall, 6301 Shingle Creek Parkway, to consider an amendment to Ordinance Number 95 -02, regarding adult establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 95 -02 EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01. On March 27, 1995, the City Council adopted Ordinance No. 95 -02 entitled An Ordinance Placing a Moratorium on the Siting of Adult Establishments Within Any Zoning District of the City of Brooklyn Center; and Directing a Study to be Conducted, which ordinance expires May 6, 1996. 1.02. The City Council finds that additional time is needed to complete the study provided for in Ordinance No. 95 -02 and that an extension of said ordinance is necessary for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until the study is completed and any modifications to the City's zoning and land use regulations are adopted. Section 2. Amendment Section 6 of Ordinance No. 95 -02 is amended as follows: This ordinance shall remain in effect [one year from the date of its effective date] until November 30. 1996, or until such earlier time as said ordinance shall be revoked or otherwise amended. Section 3. Effective Date. This ordinance shall take effect thirty (30) days after the date of its publication. ORDINANCE NO. Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) 0 4ppKLYN CEgT� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Ci �I t Manager Michael McCauley FROM: Chief of Police Scott Kline 1�4v DATE: April 18, 1996 SUBJECT: MDT Status Report At the present time, the police department has converted the computer aided dispatch system over to the West Covina, California, software which is designed to be able to interact with the MDT 's on the system. The software was installed and is operational for our CAD operations on Y P P . a day to day basis and has not caused any problems up to this point. This is the first step in making the final conversion of software. We have also tested the MDT unit itself all over Brooklyn Center in all the areas of possible weak communications and have found that the units are able to communicate, both transmitting and receiving, in a very acceptable manner throughout the entire city. The other communities which are converting with Brooklyn Center have just about completed their testing of the MDT unit. The next step in the process will be to actually install the MDT communications software and begin testing the program and its interface with the computer aided dispatch centers. The final step will be the installation and training of officers and then going live with the system. It is anticipated at this time that the final steps in this process should be completed over the next couple of months before we would be able to go up to live operation of MDT units. SK:kh City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr FROM: Mchael J. McCauley, City Manager. DATE: April 18, 1996 SUBJECT: Update on Mobile Digital Terminals for Police Squads P & q As the Council requested, this is an update on the status of the Mobile Digital Terminals for police squads. I have been advised by Chief Kline, as set forth in his attached memorandum, that the software is currently being tested and we anticipate installation in the squad cars at the conclusion • of this testing process. The expected installation period would begin in mid -May. I will keep the Council informed of the progress of this project. The computer aided dispatch portion of the system that is located within the police operations in City Hall has gone live. The final stage of implementation in the squads with the Mobile Digital Terminals is the portion anticipated to begin in mid -May. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action1Equal Opportunities Employer City of Brooklyn Center 96 A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Michael J. McCauley, City Manager DATE: April 17, 1996 SUBJECT: Update on Bituminous Contracting To update the Council on the status of the Bituminous Contracting dispute, please refer to the attached memorandum from Mr. Hansen. After the Council raised this issue, I discussed the matter with Mr. Hansen and was advised that Kennedy & Graven was pursuing the matter. We had thought that an arrangement had been made to structure repayment to the City pursuant to a confession of i judgment. We were misled by Bituminous in that regard. Kennedy & Graven has therefore commenced a civil lawsuit to seek recovery of the City's double payment to Bituminous Contracting. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action 1 Equal Opportunities Employer MEMORANDUM 40 TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director c H DATE: April 16, 1996 SUBJECT: Update on Bituminous Contracting I received a phone call today from Mr. James Strommen of Kennedy & Graven, representing the City in the Bituminous case. He indicated that Bituminous has refused to sign a confession of judgement. Back in March, we had been lead to believe by Bituminous that they would sign a confession of judgement. Mr. Strommen told me that he is proceeding with a civil law suit against Bituminous as a result of their refusal. Mr. Strommen went on to speculate that Bituminous' actions may be the result of them concluding that they have reached a point where they are better off filing for bankruptcy. S In that event, Mr. Strommen would argue in the bankruptcy court that our claim is the result of fraud on the part of Bituminous. He feels he could successfully make this argument and doing so would place us ahead of unsecured creditors for any settlement. We would still be dependant on there being assets available for us to recover. •