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HomeMy WebLinkAbout1992 04-13 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 13, 1992 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: *a. March 23, 1992 - Regular Session *b. March 30, 1992 - Special Session 8. Proclamation: *a. Declaring April 26 -May 2, 1992, as Brooklyn Center Volunteer Recognition Week 9. Discussion Items: a. Americans with Disabilities Act (ADA) Compliance 1.- Resolution Amending the 1992 General Fund Budget and Authorizing the City Manager to Enter into an Agreement for Consulting Services Related to the Americans with Disabilities Act b. Legislative Update C. Appointment of Citizen Members to the Water Management Plan Task Force d. Report on Earle Brown Bowl Outdoor Activities e. Resolution Passed by Brooklyn Center Chamber of Commerce Regarding An Ordinance Limiting Hours of Operation for Commercial Businesses 10. Resolutions: *a. Approving the Engagement of Consultant Services for the Recruitment of a Police Chief CITY COUNCIL AGENDA -2- April 13, 1992 *b. Awarding Sale of $480,000 General Obligation Equipment Certificates of Indebtedness of 1992, Fixing Form and Terms Thereof and Providing for Their Payment - Finance the 1992 capital outlay as per budget. *c. Amending the 1992 General Fund Budget to Provide for Wage and Salary Adjustments - Distributes funding from unallocated to individual departments. *d. Accepting Work and Approving Final Payment for Construction of Wellhouse No. 10, Improvement Project No. 1990 -16, Contract 1990 -G *e. Accepting Work and Approving Final Payment for Well No. 3 Sand Removal, Improvement Project No. 1992 -05, Contract 1992 -A *f. Accepting Work and Approving Final Payment for Well No. 7 Maintenance, Improvement Project No. 1992 -06 g. Rejecting Nonconforming Bid, Accepting Bid and Awarding Contract for Construction of 69th Avenue North, Improvement Project No. 1990 -10, Contract 1992 - B -It is recommended that the low bid of S.M. Hentges & Sons be rejected for its failure to comply to the specifications, and that the contract be awarded to the next lowest bidder - Brown & Cris of Lakeville, Minnesota, in the amount of $1,514,315.15. h. Approving Agreement with Northern States Power Co. for Utility System Revisions on 69th Avenue North, Improvement Project No. 1990 -10 -This agreement provides that NSP will place all of their distribution and service lines on 69th Avenue underground. It also includes installation of two street lights at each intersection and provides electrical service to the traffic signal systems. i. Accepting Bid and Awarding Contract for Trunk Sewer Replacement under I94/694, Improvement Project No. 1992 -03, Contract 1992 -D -Four bids for this work were received on April 2, 1992. It is recommended that the contract be awarded to the lowest bidder - Barbarossa & Sons, Inc. of Maple Grove, MN - in the amount of $198,831.00. j. Accepting Bid and Awarding Contract for 1992 Diseased Tree Removal, Improvement Project No. 1992 -10, Contract 1992 -E -Two bids for this work were received on April 9, 1992. As requested, the base bids provide for removal CITY COUNCIL AGENDA -3- April 13, 1992 of all diseased trees, as provided by the City's past policy. Alternate bids, which do not cover the removal of trees from backyard areas, were also received. If this alternate is accepted, property owners who have diseased trees in their backyard areas will be responsible for the removal of those trees. However, it is estimated that the City's annual cost can be reduced by approximately $8,400. Staff recommends the acceptance of the low Alternate B bid of Ceres Tree Service in the amount of $39,890. *k. Establishing Project, Accepting Proposal, Awarding Contract and Appropriating Funds for Security Improvement at Police Department Reception Counter, Improvement Project No. 1992 -07, Contract 1992 -F *1. Establishing Project, Approving Plans and Specifications, and Directing Advertisement for Bids for 1992 Sealcoating, Improvement Project No. 1992 -09, Contract 1992 -G *m. Approving Specifications and Directing Advertisement for Bids for Aerial Bucket and Chipper Box -The 1992 budget provides funding for the purchase of this equipment will be provided by the sale of certificates of indebtedness. n. Appropriating Funds, Approving Specifications and Directing Advertisement for Bids for the Purchase of a Tractor Equipped with Backhoe and Front -End Loader -The City's existing loader has been found to be unsafe to operate, and not cost - effective to repair. Under the 12 -year replacement program this unit was scheduled for replacement in 1993. Because of the safety problem, staff recommends that it be replaced immediately. Because this unit is primarily used for repairs to public utilities, it is recommended that the costs be paid from the public utility funds - i.e. 1/3 from the water utility fund, 1/3 from the sanitary sewer utility fund, and 1/3 from the storm drainage utility fund. o. Approving Installation of a Chain Link Fence at the Evergreen Baseball Field, Accepting Proposal, Amending the 1992 General Fund Budget, and Awarding Contract Therefore -This recommendation was made by employees during the prioritization process. Staff analysis shows that the payback period for this expenditure is less than one 40 year. CITY COUNCIL AGENDA -4- April 13, 1992 p. Approving the Purchase of a Trailer for Transportation of the Municipal Band's Musical Instruments, Accepting Proposal, Amending the 1992 General Fund Budget, and Awarding Contract Therefore -This recommendation was made by employees during the prioritization process. Staff analysis shows that the payback period for this expenditure is less than two years. *q. Amending the Public Utility Fee Schedule Relating to Meter Rentals *r. Encouraging Legislation Adopting New Financing Tools for Redevelopment *s. Supporting Legislation to Authorize Cities to Establish a Transportation Utility *t. Declaring Surplus Property and Authorizing Sale of Said Property *u. Amending the 1992 General Fund Budget to Accept a Grant in Support of the Residential Reforestation Program V. Establishing Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs *11. Licenses 12. Adjournment CITY OF BROOKLYN CENTER council Meetin Date April 13. 199z Agenda Item Number 7 a, , / - b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF MARCH 23, 1992 - REGULAR SESSION CITY COUNCIL MINUTES OF MARCH 30, 1992 - SPECIAL SESSION DEPT. APPROVAL: (OL - Q=C�� Patti A. Page, Deputy City Jerk MANAGER'S REVIEW/RECONEVIENDATION: Aul No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION • CORRECTION RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT BYLAWS RESOLUTION NO. 92 -43 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING BYLAWS OF THE CITY OF BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and the motion passed unanimously. DISCUSSION ITEMS LEGISLATIVE UPDATE The City Manager reviewed information provided to the Council on legislative issues. He explained the Governor's proposed budget cuts could result in potential damage to cities and may result in a reduction of services. In 1989, Brooklyn Center received LGA of $2.7 million which was reduced in 1990 to $1.9 million and in 1991 was further reduced to $1.7 million. The Governor's plan calls for another LGA reduction to $595,570. If approved, this would produce crippling of the City's vital services. The City Manager reviewed the percentage of reduction represented by the Governor's proposal and recommended adoption of a resolution opposing Local Government Aid reductions. Councilmember Cohen reviewed a printout of LGA payments to various cities and pointed out if approved, Brooklyn Center would receive the largest percentage of cut in the metro area, if not the state. He added the proposed cut would last for two years. Councilmember Cohen suggested municipalities act as a group to protest these cuts which would wreak devastation for communities. He indicated support of the proposed resolution and suggested it also reflect the fact the cut was for 1992 and 1993 as well. The Council agreed. Council supported Councilmember Cohen's suggestion communities organize as a group to meet with legislators and bring forth concerns further LGA cuts would result in, including the City's ability to deliver services. Councilmember Cohen indicated he would like to (with Council's concurrence) appear before the Financial Task Force to review this information. Councilmember Pedlar, liaison to the Financial Task Force, welcomed Councilmember Cohen's input. Councilmember Cohen pointed out the proposed LGA cuts were really a contradiction to why the City supported a sales tax increase, which was to find a system where local governments could finance assistance independent of budgeting. He pointed out funds which were not permanently dedicated can be easily tapped for other uses, and there was pending legislation to have this as a constitutionally dedicated fund. Councilmember Cohen encouraged the Governor and legislators to stand up to their word regarding the reason for increasing the sales tax. 3/9/92 -9- I Councilmember Scott concurred and pointed out the difficulties which arise with mid -year budget cuts when the City was not in a position to raise any more funds. The City Manager agreed this could present a difficult situation. He added the cuts were disproportionate towards the city. Council agreed with Mayor Paulson's suggestion the resolution emphasize the proposed LGA cuts would affect the City's ability to provide fire and police protection, and plowing services. He also supported going on record in support of finding new tools to work with redevelopment of a transportation utility fund. Mayor Paulson suggested the response directed to legislators reflect a positive note pointing out the City was providing local government services. The City Manager reviewed the bill being worked on by the Northern Metro Mayor's Association as well as TIF Plan amendments RESOLUTION NO. 92 -44 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION OPPOSING LOCAL GOVERNMENT AID REDUCTIONS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and the motion passed unanimously. The City Manager suggested the Council consider adoption of a resolution addressing the City's concern about supporting an increase in sales tax and the break of faith by legislators as well as pointing out the need for new tools, such as the Utility Transportation Fund and redevelopment tax increment. Mayor Paulson concurred and suggested it be addressed at the March 23 meeting. The Public Works Director reported the League of Minnesota Cities and Engineering Association have indicated it appears there was no probability it would be passed by the current legislature but some hearings were being held. The League was working with legislators to familiarize them with this concept. The City Manager indicated staff will prepare a forward looking resolution regarding this matter. METROPOLITAN HOUSING REVITALIZATION FUND Councilmember Cohen suggested the Council consider supporting legislation to create a Metropolitan Housing Revitalization Fund which would provide $5 million for revitalizing housing in the metropolitan area. He provided a brief update on this bill and noted the Metropolitan Council has appointed a board to determine funding criteria. Councilmember Cohen suggested the Council consider a resolution in support of this legislation which would be heard in the House on Wednesday and the Senate on Friday. 3/9/92 - 10- The City Manager pointed out the Council was already on record supporting the principals of this legislation before the Metropolitan Council so it makes sense to support it before the Legislature too. RESOLUTION NO. 92 -45 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING A METROPOLITAN HOUSING REVITALIZATION FUND (HOUSE FILE 2741 - SENATE FILE 2489) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and the motion passed unanimously. PARK & RECREATION COMMISSION RECOMMENDATION RE: PURCHASE OF PROPERTY AT 4100 51ST AVENUE NORTH The City Manager indicated in December, 1991, Ron Brixius called to ask if the City was interested in purchasing his house and property at 4100 51st Avenue North. The purchase of this property was anticipated in the "Middle Twin Lake Park Study" concept plan. The matter was reviewed by the Park and Recreation Commission who recommend purchasing the property for future park development if it can be done at a reasonable price. The Director of Public Works, with use of an overhead, pointed out the location of existing houses, vacant property, flood plain, etc. In response to Councilmember Cohen's question, he indicated the house, on the outside, appears to be in fairly good condition but he was unsure of the inside condition. If the City does purchase the property and has no need for the house, it could be sold by taking bids for its removal. However, this was a two -story house that may be too expensive to move due to overhead power lines. Councilmember Cohen questioned the long -term planned use for this property. The Director of Public Works indicated it was to be for an open space use primarily as a focal point for the trail system which would encircle all three lakes. He pointed out a lot of the surrounding area was located in the flood plain and may become available for purchase in the future. It was noted some ground water contamination may exist due to the existing septic tank system on the Brixius property. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to direct staff to proceed to hire a private appraiser, negotiate and provide a recommendation for Council's consideration. Councilmember Rosene stated there were not a lot of overhead utility lines in this area and he was optimistic about being able to move the house to another location. He asked if it could be moved across the ice. The Director of Public Works indicated he was optimistic about the City being able to sell the house, but not about moving it across the ice. The motion passed unanimously. 3/9/92 CORRECTION RECOMMENDATION FROM FINANCIAL TASK FORCE REGARDING COMMUNICATIONS COORDINATOR POSITION The City Manager indicated the Financial Task Force, at their February 27, 1992, meeting reviewed the proposed Communications Coordinator concept and recommended to the Council that it be considered as part of the Council's Financial and Service Prioritization Process. Mayor Paulson suggested this matter be tabled until the March 23 Council meeting so it can be further addressed at that time. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to table further consideration of the Communications Coordinator Position until the March 23, 1992, Council meeting. The motion passed unanimously. PROPOSED BROOKLYN PARK/BROOKLYN CENTER JOINT MEETING AGENDA The City Manager reviewed the agenda proposed for the Brooklyn Center/Brooklyn Park joint meeting of March 16, 1992, at 7:30 p.m. in the Brooklyn Park Council Chambers and asked the Council if they would like to make any changes. Councilmember Rosene suggested the Council add item 6, Transportation - Zane Avenue and 694. The City Manager pointed out the Council had already indicated support of funding for 610. Councilmember Cohen pointed out completion of 610 would result in added pressure on the streets north and south of it. He felt this would be a good time to address these concerns since it may result in the need to create wider streets and /or involvement with wetland areas and storm sewer needs. Councilmember Cohen suggested item 1 (Housing) include a discussion of the Brooklyn Boulevard Study. Mayor Paulson concurred and suggested this discussion be extended to include other areas as well. Council consensus was reached to approve the joint meeting agenda as modified. RESOLUTIONS CONTINUED AUTHORIZING THE PURCHASE OF ONE (1) 1/2 TON PICKUP Councilmember Rosene asked if a car getting 40 miles per gallon would be a more economical vehicle to transport members of the Public Utility Department. The Director of Public Works responded the one -half ton truck was fairly small and just as economical as a assen e r vehicle. Also th P g e truck could be used to handle other needs of the Public Utility Department, such as hauling materials, tools and equipment. The truck would be used by various personnel and not be considered a supervisory vehicle. The City Manager added passenger vehicles were sometimes used if more practical. 3/9/92 - 12- 1 a-- MINUTE F S O THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 23, 1992 CITY HALL CALL. TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7.01 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, and Dave Rosene. Councilmember Philip Cohen arrived at 7.05 p.m. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, Assistant EDA Coordinator Tom Bublitz, and Council Secretary Carla Wirth, OPENING CERE ONIES The invcx:atioll was observed with a moment of silence. Councilmember Cohen arrived at 7:05 p.m. Mayor Paulson introduced Louis Larson, Don Emery and Sid Fredrickson who entertained the Council with two musical numbers, one written by Mr. Larson entitled "Take Me Back to Minnesota ", Mr, Larson thanked the Council for the opportunity to appear before them. Mayor Paulson extended the Council's appreciation. QP N FOR M Mayor Paulson noted the Council had received several requests to use the open forum session this evening. However, several were interested in addressing agenda item 11g, Communications Coordinator Position, Mayor Paulson indicated the Financial Task Force Chair had requested this item be removed from the Council's agenda so they could consider it as part of their prioritization press. Because of this, he intended to honor this request when the Council considered adoption of the agenda. With regard to the Communications Coordinator Position, Dan Morrissette, 1500 72nd Avenue N., indicated opposition to a new position since the Council was making budget cuts. Also, he did not see the need for a position of this type. 3/23/92 ,1- I Kristen Mann, 5415 East Twin Lake Boulevard, stated she was also opposed to the Communications Coordinator Position due to budget and State Aid cutbacks. She suggested communications be improved through existing resources such as revitalization of community groups, use of cable tv, town meetings, and increased press releases in the City's two newspapers. Ms. Mann felt the money would be better spent in areas of consulting, domestic abuse prevention, and police protection, Don Poss stated he would like to address the Council but preferred, in consideration of residents in the audience, to delay it until the end of the meeting. Council agreed to continue the Open Forum to the end of the agenda. COUNCIL REPORTS Mayor Paulson mentioned the new lighting in the Council Chambers to facilitate cable tv broadcasting. Councilmember Rosene suggested recess periods held during the meeting be somewhat brief so the home audience remains tuned into the meeting. He added staff was working on an informative film about the City which could be broadcast during these time - periods. Councilmember Rosene pointed out the Earle Brown Heritage Center had directional signs posted in several areas and asked staff to research the possibility of installing directional signs for the Community Center, Pool and Water Slide. Councilmember Cohen suggested staff review the Sign Ordinance regarding restrictions on amount of signage that is allowed. With regard to the Outreach worker, Councilmember Rosene requested a breakdown on the City's contributions, i.e., supplies, activities, etc. Councilmember Rosene reported he attended the Prayer Breakfast and spoke with School Board member Jody Brandvold, who indicated they had a volunteer coordinator position at the Earle Brown School who was coordinating a car pool, He commended tuts. Brandvold for taking the initiative with this innovative program. APPROVAL OF AGENDA AND CONS NT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Rosene requested the removal of agenda item ?a. Mayor Paulson requested removal of agenda itcm 11g in consideration of the request received from the Financial Task Force. 3/23/92 -2- RESOLUTIQNS RESOLI�TIQN NO. 92-51 Membcr Davc Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO, 1992 - 04, TRUNK SEWER REPLA CEMENT BRQQKDALE AREA, AFFROVINQ PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. RESOLUTION NO Membcr Dave Rosene introduced the. following resolution And moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1991 -G (1991 DISEASED TREE REMOVAL PROGRAM) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. R_ ESOLUTION NO, 92 -53 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1992 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. RES NO, 92 - Membcr Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF 13ROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. 3/23/92 - -3 RESOLLJTIQN NO. 92 -55 Member Davc Roscnc introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. RESOLUTION NQ '92 -56 Member Dave Roscnc introduced the following resolution and movcd its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE EXTENDED BODY COMPACT MINI PASSENGER VAN The motion for the adoption of the foregoing resolution was duly seconded by member ,Terry Pedlar the motion passed unanimously. RESOLUTION NO 92 -57 Member Dave Rosene introduced the following resolution and movcd its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF A LASERJET YKINTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the following list of licenses: B LK VENDQR Brooklyn Center Lions 5324 Oliver Avenue N. K -Mart 5930 Earle Brown Dr. OD ESTA13 ISHMENT Bakers Square Restaurant 5601 Xerxes Avenue N. Blevins Concession Supply Co. 6800 Shingle Creek Parkway Brookdale Cinema 5801 John Martin Drive B.C. Church of the Nazarene 501 73rd Avenue N. Brooklyn Center High School 6500 Humboldt Avenue N. Brooks Food Market #21 6804 Humboldt Avenue N. 3/23/92 -4- FOOD ESTABLISHMENT (CONTINUED) Burger King 6110 Brooklyn Blvd. Centerbrook Golf Course 55UU N. Lilac Drive Children's World Learning Center 6020 Earle Brown Drive Country Store 3600 63rd Avenue N. Days Inn 1501 Freeway Blvd. Denny's Restaurant #1284 3901 Lakebreeze Avenue N. Duke's Amoco 65U1 Humboldt Avenue N. Earle Brown Bowl 6440 James Circle Earle Brown Commons 6100 Summit Drive Earle Brown Elementary School 59W Humboldt Avenue N. Fanny Farmer Candy Shops 1236 Brookdale Center 50's Grill 5524 Brooklyn blvd. Ground Round 2545 County Road 10 Hardee's 1601 Freeway Blvd. Jerry's New Market ,5801 Xerxes Avenue N. K 5930 Earle Brown Drive Kids Play 5611 Xerxes Avenue N. Leeann Chin 6800 Shingle Creek Parkway Little Brooklyn 6219 Brooklyn Blvd, Maranatha Place 5415 69th Avenue N, Minnesota Vikings Food Services 5200 West 74th Street U.S. West 5910 Shingle Creek Parkway Num Num Foods, Inc. Brookdale Snack Bar Nutrition World 1271 13ropkdale Center The Olive Garden Italian Restaurant 1601 James Circle N. Perkins Family Restaurant 5915 John Martin Drive Price Candy Company 12th Brookdale Center Que Viet 6100 Brooklyn Blvd. Red Lobster Restaurant 7235 Brooklyn Blvd, Super 8 Motel 6445 James Circle T. Wright's 5800 Shingle Creek Parkway Taco Bell #3378 5532 Brooklyn Blvd. Taystee Bread 4215 69th Avenue N. Willow Lane School 7U2U Ferry Avenue N. ITINERANT FQOD ESTABLISHMENT James M. Witt 3601 48th Avuilue N. MECHANICAL SYSTEMS Climate Engineering 4336 B Shady Oak Road E,A.H. Schmidt and Associates 3245 Winpark Drive 3/23/92 .5- NONPERISHABLE yEIvDING MACHINES A & J Enterprises 6842 Washington Avenue S. Hoffman Engineering 6530 James Avenue N. J. C. Penney 1265 Brookdale Center Principal Financial 6160 Shingle Creek Parkway Ryan Management 6160/6200 Shingle Creek Parkway Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Compact Vending 13196 Foliage Avenue Firestone Master Care 5445 Xerxes Avenue N. K -Mart 5930 Earle Brown Dr. Woodside Vending, Inc. 6317 Welcome Avenue N. City of Brooklyn Center 6301 Shingle Creek Parkway PERISHABLE VENDING MACHINES A & J Enterprises 6842 Wdahingtva Avenue S. Hoffman Engineering 6530 James Avenue N. J. C. Penney 1265 Brookdale Center Ryan Management 6160 /6200 Shingle Creek Parkway Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Five Star Vending 15034 Fillmore Street NE Hiawatha a atha Rubber 1700 67th Avenue N. Mikros Engineering 3715 50th Avenue N. Jimmy Jingle 13U4 Last Lake Street Fingerhut Telemarketing 6860 Shingle Creek Parkway North Star Dodge 6800 Brooklyn Blvd. Palmer Lake Plaza 6860 Shingle Creek Parkway TCR Corporation 1600 67th Avenue N. RENTAL DWELLINGS Initial: Torosa Schwartz 6114 Bryant Avenue N. Helen Nelson- Chapman 1341 63rd Lane N. Tom Green - PDI 2812 67th Lane N. Renewal: Egons Podnieks Garden City Court Arthur and Dolores Kvammc 5529 Aldrich Drive Jagdish Trivedi/Bruce Kruger 5500 Bryant Avenue N. Robert and Bonnie Healy 5517 Bryant Avenue N. Duane and Jessie Erickson 7019 Dallas Road Timothy Gramling 5245 Drew Avenue N. Melvin and Mildred Jampsa 5619 Wllsview Road Gregory J. Collins 1600 Irving Lane Richard Arntson 422U Lakeside Avenue N. 3/23/92 -6- RENTAL DWELLI (CONTINUED) Renewal: David Zemke 6183 Noble Avenue N. Robert Berglund W35 Noble Avenue N. Curtis Erickson 4809 Twin Lake Avenue Swanson Investments 7240 West River Road Gary and Carol Meinke 3601 47th Avenue N. Dr. John Leseault 3507 62nd Avenue N. Gregory Olson 4006 65th Avenue N. Patricia and Richard Sand= 1706 71st Avenue N. SIGN HANGER Attracta Sign 7420 West Lake Street SPECIAL FOOD HANDLING ESTABLISHMF,, Adventures in Video 6914 Brooklyn Blvd. Mr. Movies 1964 57th Avenue N. SWIMMING POOL Bcach Condominiums 4201 Lakeside Avenue N. Four Court Apartment 2.836 Northway Drive Garden City Court Apartments 3407 65th Avenue N Marvin Garden Townhouses 68th and Orchard North Lyn Apartments 6511 Humboldt Avenue N. Northbrook Apartments 1302 69th Avenue N. River Glen 4539 58th Avenue N. Twin Lake North Apartments JAXXI A$ Town Taxi 2500 Washington Avenue N. #97 The motion passed unanimously. AFpROVAL OF MINUTES MARCH 9, 992 - REGULAR SE S� IQN Councilmember Rosene requested the following corrections: Page 9, fourth paragraph, "Councilmember Cohen suggested municipalities act as a group to protest these cuts which would wreak devastation for communities." Page 12, fifth paragraph, "Councilmembcr Rosene suggested the Council add item 6, Transportation - Zane Avenue and 694." There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the minutes of March 9, 1992, regular session as corrected. The motion passcd unanimously. 3/23/92 -7- PLANNING COMMISSION ITEMS PLANNING COMMIS$IQN APPLI JL ON NOS 92W AND 92006 SUBMITTED MULARONI AND ASSOC'IATESYTOMORROW k'OUll_� The City Manager introduced Planning Commission application No. 92005 which is a request for site and building plan approval to construct a 7,754 square foot office /industrial building at the southeast quadrant of Shingle Creek Parkway and 69th Avenue North, and Application No. 92006 which is a request for a variance from Section 35413 of the Zoning Ordinance to allow, on a temporary basis, a buffer strip of less than 50 feet across Shingle Creek Parkway from R -3 zoned property. He explained the two applications were reviewed and recommended for approval by the Planning Commission at their March 12, 1992 meeting. The Director of Planning and Inspection presented details of the applications and explained a special use permit was not required since a retail operation was not being requested. The site plan, proposed landscaping and parking area as well as the variance request were then reviewed. The Director of Planning and Inspection pointed out the existing and future Shingle Creek Parkway alignment and the area which would be vacated in the future. Councilmember Cohen asked if a bond would be required. The Director of Planning and Inspection explained previously a similar variance was approved along Highway 252 but a financial guarantee was not required, only an agreement. Councilmember Cohen indicated he would prefer a bond was required in case the property changed hands or development does not occur. The City Attorney pointed out the variance would be limited in term until Shingle Creek Parkway was vacated. He explained a title opinion on the fee interest was needed, but the vacated property would most likely revert to the abutting property. The City Manager suggested Council consider a condition to require the vacated portion be attached to the property and irrigation and landscaping extended into that area. In response to Council's questions, the Director of Planning and Inspection reviewed weight road restrictions and indicated the petitioner had indicated not many semitrucks would access this site Councilmember Scott stated she was also concerned about truck access. Mike MularonL applicant, stated only small panel trucks were used for shipping. They had calculated the turning radius and then redesigned the layout to provide for an easier turning movement. Also, they were interested in the vacated portion of Shingle Creek Parkway, especially for signage purposes. Mr. Mularoni reviewed the proposed building plan and pointed out they would incorporate a future expansion into the footing foundation design. In response to Councilmember Pedlar's question, Mr. Mularoni explained they had been in this business since 1958 but this would be their first company owned plant. He added they sell frozen food products and would also be handling dry goods. They also sell freezers and offer the frozen food at a reduced rate if a freezer was purchased. 3/13/92 -8- 0 Mayor Paulson indicated there was a need in the northwest suburbs to p rovide food assistance to low income people. He felt there may be some potential to carry on the Brooklyn Center tradition with corporate citizenship and helping with donations to area food shelves, Mayor Paulson stated he was reluctant to make this a condition, but suggested it be addressed. Mr. Mularoni explained they do not currently have a company policy regarding contributions to food shelves, but would be willing to look into it. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 92006 at 7 :57 p,m, He inquired if there was anyone present who wished to address the Council, No one appeared to spcak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:57 p,m. The motion passed unanimously. In response to Mayor Paulson's question, the Director of Planning and Inspection indicated the formal application is signed by the applicant. If approved, the official minutes of the Council action with conditions for approval were the official record and forwarded to the applicant. Council consensus was reached that copies of the formal application need not be submitted separately to the Council as long as they were available for review at the meeting. With regard to the USDA room indicated on the building plan, Mr. Mularoni explained it was for the USDA inspector's use. Councilmember Rosene expressed concern that residents may be tempted to over - extend themselves financially by purchasing a freezer they don't really need to get the frozen food at a reduced rate. Mr. Mularoni responded clients do not have to purchase a freezer and could just purchase the food. They offer the food at a reduced cost if a freezer was purchased in order to off -set the cost somewhat. Mr. Mularoni emphasized they were in the zooa ousmess, iZG i3L uuu uju7 FIVVWv a 111611 4µa1!LJ FAV%14V4. %"A% JV..JVV 0%, U.-L F - 4 .9. - was designed for middle to upper middle income people. Mr. MuIaroni explained the cost difference was slight whether a freezer was purchased or not, but the length of time was longer. Mayor Paulson stated the City was always looking for innovative ways to address problems and asked the Council if they want to consider a condition requesting the petitioner to submit a policy on community or food shelf contributions. Councilmember Pedlar stated he understood the need but would be uncomfortable with placing a condition of this type. Councilmember Scott concurred and felt it would be inappropriate to attach a condition on a new business to require something that was not required of an existing business. Mayor Paulson stated he was also uncomfortable with making it a requirement but felt the option should be discussed. He added he was concerned that the business, after being in business since 1958, did not have an established contribution policy in place. 323/92 19- There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve Planning Commission Application No. 92005 submitted by Mularoni and Associatestfomorrow Foods for site and building plan approval subject to the following conditions; 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the i Engineer i C prior to h is su ance of ermits. the ssuan C ity 1� � p P a. 'AL 0AV �.rvi +aa,,,a,ava. u�.ati.tiay]i.i7t i6nA avpp 8 Snat%vio Sua --too (i.n nn ctv"c %iint t., be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened form view. 5. The building was to be equipped with an automatic fire extinguishing system to rucct NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval was exclusive of all 5ignery which was Subjcct to Chapter 34 of the City Ordinances and was subject to City Council resolutions regarding signery for industrial buildings along 69th Avenue North. $. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility 0 service tines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12, Approval of site and building plans was subject to approval of variwice application No. 92006. 13. The owner of the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailers, cquiptuent or products was strictly prohibited. 15. There shall be no retail sales of products on the use site. The motion passed unanimously. There was a brief discussion regarding the variance proposal. The City Manager pointed out the petitioner had expressed interest in obtaining and expanding into the vacated property. He suggested the Council may want to consider a condition requiring an extension of the landscaping and sprinkling system into this vacated portion. 3/23/92 -10- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 92046 submitted by Kdaroni and Associates/ Tomorrow Foods for a temporary variance from Section 35 -413 of the Zoning Ordinance to allow a buffer strip of less than 50 feet across Shingle Creek Parkway from R- 3 zoned property conditioned on submission of a performance bond to guarantee the extension of landscaping and the sprinkler system into the vacated portion of property. Mr. Mularoni stated he had no objection to extending landscaping and the sprinkling system but was opposed to having to provide a bond since they do not have control of the Shingle Creels Parkway road project, He added the property in question was the "front door" to their property and they would want to assure it appears well kept. Councilmember Cohen offered an amendment to his original motion and Councilmember Scott (who seconded the original motion) agreed to the amendment to approve Planning Commission Application No. 92006 subject to the following findings and conditions: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational Iocation for the building. Imposing the required 50' buffer from the existing right -of -way line will unnecessarily burden the development of the property and constitutes a hardship. 2. The circumstance of impending right -of -way vacation is relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. 3. The soil Conditions and the future right -of -way vacation work to create a hardship in the development of this property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5. Variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50' buffer strip across from R -1 and R -3 property. No further variance is granted or implied. 6, Tomorrow Foods shall enter into an agreement with the City to acquire and to extend landscaping and the underground irrigation system into the vacated Shingle Creek Parkway right -of -way area. The amended motion passed unanimously. Mayor Paulson extended the Council's welcome to Mr. Mularoni. 3/23/92 I ORDIN AN QRD[ E A�'1fENDIN SECTION BR -. _ B E ITY C G S CT ON o5 nF Tu O CENTER C CHAI( ER REGARDINQ CQUNCIL. VAC N IE, no City Manager presented An Ordinance Amending Section 2.05 of the Brooklyn Center City Charter Regarding Council Vacancies which was offered for first reading. He noted this amendment was recommended by the Charter Commission. Mayor Paulson stated he attended several Charter Commission meetings where the issue of filling Council vacancies received a lot of attention. Also, Charter Commission members met individually with Co uncilmembe rs to Y gain their input. Mayor Paulson stated he felt the proposed ordinance addresses the issues and moves in the right direction by shortening the term for appointed positions. He added he would prefer an even shorter term. Councilmember Rosene complimented the Charter Commission for their work in addressing concerns. He then suggested several minor wording changes to clarify the intent of the ordinance. Councilmember Cohen stated he had indicated to the Charter Commission that he would oppose the proposed Ordinance. He pointed out that the election schedule was first changed on the basis that holding elections every year was a waste of money and resulted in a low voter turnout; however, the ordinance contains no statement regarding the cost of special elections. Due to the high cost of holding special elections, Councilmember Cohen suggested this matter be referred to the Financial Task Force for their recommendation. The City Manager estimated the cost for a special election could be from $5,000 to $8,000 depending on staffing needs. Councilmember Cohen stated he opposed the proposed ordinance and felt it Should be voted can by the residents of Brooklyn Center. Councilmember Pedlar, liaison to the Financial Task Force, felt it would be difficult and inappropriate to. burden them with this type of consideration. Councilmember Cohen withdrew the suggestion Councilmember Pedlar pointed out the ordinance was only addressing appointment of a councilmember in an off year election, which would probably not happen very often. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve first reading of An Ordinance Amendin g Section 2 .05 of the Brooklyn Center ci Charter Regarding Council Vacancies. With regard to the last paragraph of Section 1, Mayor Paulson stated he does not feel "special consideration" should be given to former councilmembers beyond an examination of their qualifications. Councilmember Rosene pointed out this only applies when the membership of the Council was fewer than three members. In that case, the Council may want to consider someone who was familiar with all aspects of City government. Councilmember Rosene indicated he shared Councilmember Cohen's concern regarding the 3/23/92 high cost to hold a special election and small voter turnout. Councilmember Scott concurred. The City Attorney reviewed this section of the ordinance as well as Section 3.01. Ron Christensen, Charter Commission, explained they wanted to limit the appointment time to one year and agreed there may be some areas that require clarification. He reported the Charter Commission was concerned about whether the voters should make this decision or not but members spoke with Councilmcmbers and felt they agreed with the proposed amendment. Mr. Christensen stated he was aware that Councilmember Cohen did object and wanted it to go to the voters. Councilmember Pedlar suggested the matter be tabled so the ordinance could be referred to the Charter Commission for further clarification. Mr. Christensen agreed this would be appropriate and suggested the Council submit comments so they have a full understanding of where the Council stands. Councilmember Pedlar withdrew his motion and Councilmember Scott agreed to withdraw the second to the motion. There was a motion by Couneilmember Pedlar and seconded by Councilmember Scott to table consideration of this item and refer it to the Charter Commission for clarification and to make recommendations on concerns addressed tonight. The i C ty Manager estimated there was 13,000 to 15,000 registered voters and the last election had an 86 °/a voter turnout. Councilmember Cohen stated this would be around 10,000 voters. He indicated he would submit a memorandum to the Charter Commission outlining his position. Councilmember Cohen stated he felt work of the Charter Commission was very important. He added an overwhelming majority of voters indicated they wanted to eliminate each year elections, and he felt that also included special elections. The City Attorney indicated he would research and provide Council with information on the procedure for referring inn the matter e to the electorate. fi e e ecto ate. The motion to table passed unanimously. Councilmember Rosene stated he appreciated the time spent by the Charter Commission and it the extra effort in talking to each of b g he Councilmem ers. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN CENTAUR ADDITION The City Manager presented An Ordinance Vacating Drainage and Utility Easement in Centaur Addition. This ordinance was first read on February 24, 1992, ublished in the City's official newspaper P ty ffi gal on March 4 1992 and was offered tonight gh for second reading. 3/23/92 - 13 - Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Vacating Drainage and Utility Easement in Centaur Addition at 8 :45 p.m. He inquired if there was anyone present who wished to address the Council, No one appeared to speak, 0 and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8;43 p.m. The motion passed unanimously. ORDINANCE NO 92 -06 Member Celia Scott introduced the following ordinance and njuvcd its aduptiun: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN CENTAUR ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :45 p.m. and reconvened at 8:55 p.m. PUBLIC HEARINGS YEAR XVIII ( 92) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 0 The City Manager indicated the City's allocation for Year XVIII (1992) Urban Hennepin County Community Development Block Grant Program was $217,491, which was somewhat lower than the initial estimated allocation. Tom Bublitz, Assistant EDA Coordinator, presented the Brooklyn Center Community Development Block Grant Citizens Participation Committee recommendation by providing a brief explanation of each program being considered. Mayor Paulson requested a list of Committee members for himSelf and the Councilmembers. In response to Councilmember Scott's question, Mr. Bublitz explained the Neighborhood Public Service Project would provide minor home maintenance and repair services to elderly or disabled persons and would be restricted to repair items and not include homemaking services or seasonal work services. He added Brooklyn Center would be the first community in the northern suburbs to take advantage of this program, if approved. Councilmember Scott expressed support of this program as a way of assisting the elderly in being able to better maintain their homes. Mayor Paulson opened the meeting for the purpose of a public hearing on Year XVIII Urban Hennepin County Community Development Block Grant Program at 9:07 p.m. He inquired if there was anyone present who wished to address the Council, No one appeared to speak, and he entertained a motion to close the public hearing. 3/23/92 - 14 - There was a motion by Councilmember Cohen and seconded. by Councilmember Pedlar to close the public hearing at 9:07 p.m The motion passed unanimously. RFSOLUILQN _ Member Cclia Scott introduced the following resolution and moved Its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUND AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene the motion passed unanimously, AMENDMENT OF YEAR XVII STA .MENT OF PROJ ECTED USE OF FUNDS FOR ME URBA HENNEPIN COUNTY COM)RTU I'Y DEVELOPMENT BLOCK GRANT PROGRAM - - -- The City Manager indicated the proposed resolution would authorize the reallocation of $25,000 for the Brooklyn Boulevard Redevelopment Study from the City's Community Development Block Grant Home Rehabilitation Grant Program for Year XVII. Mayor Paulson opened the meeting for the purpose of a public hearing on the amendment to Year XVII Statement of projected Use of Funds for Urban Hennepin County Community Development Block Grant Program at 9:09 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak and he entertained a m ot gbl1 1o 1 • • .. ____ _ _. err v►+avv ►v > >�.un� ItlIO IlC CI1tC] le a ft to close the public hearing- lanu mu There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 9:09 p.m. The motion passed unanimously. Mayor Paulson indicated he hoped this proposal would provide the opportunity to look at the entire community. RES OLUT ION NO 92 -59 Member Philip Cullen introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY STATEMENT OF PROTECTED USE OF FUNDS FOR YEAR XVIII BY REALLOCATING $25,000 FROM THE REHABILITATION OF PRIVATE PROPERTY (PROJECT 52001) TO A NEW ACTIVITY, BROOKLYN BOULEVARD REDEVELOPMENT STUDY (PROJECT 52095) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pcdlar the motion passed unanimously. 3/23/92 DISCUSSION ITEMS ADM INISTRATXVE TRAFFIC COMMITTEE REPORT RE: TRAFFIC CONTROL ON 59TH AND 60TH AVENUES NORTH BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE The Director r of Public Works reported h Porte the Administrative Traffic Committee (A't "L) met with Tom Slupske regarding the installation of four -way stop signs at every intersection on 59th and .60 Avenues between Brooklyn Boulevard and Xerxes Avenue North as a means to reduce cut - through traffic. Staff also met with Mr. Slupske to research alternatives that would be acceptable to all parties. As a result of these meetings, the ATC recommended, for a one year trial basis, the installation of four -way stop signs at Beard and at zenith on both 59th and 60th Avenues, They also recommend the installation of two -way stop signs at the other north/south streets to improve overall traffic safety. If the situation had not improved at the end of the one year trial period, staff would evaluate traffic barrier options. Also, the ATC was willing to consider the installation of a sidewalk on the north side of 59th Avenue. Councilmember Cohen brought up the issue of diverting traffic to other streets to the north. The Director of Public Works agreed this was a concern and was discussed previously when barriers were being considered. He added a detailed review of the conditions for each of these intersections indicated none of them mcet MNDOT warrants for installation of stop signs. Councilmember Cohen questioned the City's liability with installing stop signs that do not meet State warrants, Councilmember Pedlar commended the residents and staff for working out this situation. He pointed out these streets are located in an internal neighborhood that should not be encumbered by high traffic volumes moving at excessive speeds, He indicated support of the recommendation and felt it would b a "step orward" for this neighborhood. e P 8 Tom Slupske, 5918 Abbott Avenue North, stated the purpose was to reduce traffic levels and speeds. Councilmember Scott ointed out this neighborhood had a large P Sh a number of children $ and she encouraged parents to impress on them that all cars may not stop at the stop signs, especially when the signs were first installed. Councilmember Rosene pointed out the Council had received similar complaints from residents in other areas of Brooklyn enter regarding cut-through traffic and high speeds, Yn g $ g l; such as the area of 72nd and France Avenues. He expressed concern about a proliferation of stop signs throughout the City and indicated support of developing a plan which designated high, medium and low volume roads. Councilmember Rosene stated he would support looking at sidewalks in this area and questioned the assessment. The City Manager responded that traditionally, the City only installs sidewalks on thoroughfares or major routes to schools or shopping centers. In those cases, the City pays for the cost of sidewalk installation and winter plowing. 3/23/92 - /2/2 li- Councilmember Cohen questioned speeds in excess of 60 miles per hour as mentioned by Mr. Slupske. Mr. Slupske indicated this was hearsay, and not shown on a Police Department radar study. Councilmember Cohen shared Councilmember Rosene's concern with possible proliferation of stop signs which may not actually address the concern, especially if they don't meet traffic warrants. Mr. Slupske explained residents feel this compromise position would decrease traffic and increase safety. Mayor Paulson supported the installation of stop signs as a way of increasing traffic safety and home safety as well since he felt it may reduce crime by restricting access into a community, He felt the ATC recommendation was a good first step and results could be studied to determine effectiveness. Councilmember Rosene complimented staff and residents for being able to reach this compromise. RESOLUTION NO, 92 -60 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING TRAFFIC CONTROL ON 59TH AND 60TH AVENUES NORTH BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene the motion passed unanimously. STATUS REPORT REGARDING 69TH AVENU IMPROVEMENT PROJECT' NO, 1990 -10 The Director of Public Works explained a partial failure had occurred in the surcharge area through Palmer Lake. He then reviewed the recommended alternates submitted by the City's consultants, SEH, Inc. and STS. They recommend the installation of a "wick drain" system into the subgrade which would hasten the drainage process and achieve stability to allow the completion of the roadway in 1993. Staff reviewed the alternates presented and concur with the consultant's recommendation to install a wick drain system. The estimated cast was $190,000 making the total contract approximately $774,597, which was still well below the June 24, 1991, estimate, Councilmember Pedlar questioned the future integrity of this road in ten to fifteen years if the recommendation was fpilowed. The Director of Public Works indicated rucurds have shown the road would stay in good condition once it was stabilized. Richard Moore, SEH, explained the process used to install a wick drain system as well as using sandstone columns. The Director of Public Works indicated staff dots not feel the construction of a bridge was a financially feasible option. The City Manager added if this section of roadway were to fail, it could be repaired and eventually when it stabilizes the permanent section of roadway with curb and gutter could be completed. 3/23/92 -17- In response to Councilmember Pedlar's question, Mr. Moore explained that while they were unable to guarantee this system they were very optimistic. The Director of Public Works reviewed VISA standards as well as the existing and future roadway alignment. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to authorize SEH to proceed with acquisition of required permit extensions; develop final plans and specifications for installation of a wick drain system; conduct negotiations with Ames Construction for a change order to contract No. 1991 -I to provide for installation of a wick drain system; request MNDOT approval of such change order and use of Municipal State Aid funds to cover such costs; and to present such change order, along with an amendment to the City's professional services agreement with SEH covering the additional engineering 8 g costs, for Council consideration. The motion passed unanimously. RECOMMENDATION FOR PARK & RECREATION COMMISSION A IMPLEMENTATI OF AN ADOPT- A- PARKTrRAIUSTREET PRQGRA -M The Director of Public Works reviewed the proposed adopt- a- park/trail/street program designed to solicit volunteer efforts from community groups to help maintain these areas. He explained it was modeled after other successful programs conducted by MNDOT and other cities, and was being recommended for adoption by the Park and Recreation Commission, Councilmember Scott stated she supported this type of program as a way to instill community pride. She encouraged residents to note license plate numbers of anyone the see dumping trash on City property. Councilmember Rosene concurred and pointed out that twelve years of age was the limit for the MNDOT Adopt -A- Highway program so he felt the City's program would fill the need for younger participants. Mayor Paulson agreed and reviewed the MTC program. Councilmember Cohen questioned the administrative cost for this program. The Director of Public Works indicated staff does not feel it would be significant and would be absorbed into existing staffing. With regard to insurance liability, the City Manager explained the City's insurance would extend to the volunteer if it was formally adopted as a City Program. Councilmember Cohen suggested staff draft a resolution to include these matters as well as a method for assuring performance. Councilmember Rosene expressed support of the program. Due to budget constraints, he suggested staff contact community service groups or businesses to see if they would be interested in helping fund a special recognition night for those involved in this program. Councilmember Cohen stated he would not support directing staff to approach businesses for contn`butions. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to support the recommended Adopt- A- Park/I'rail /Street Program and direct staff to draft a detailed policy for Council's consideration. The motion passed unanimously. 3%23/92 - 18- ASSESSING DEPARTMENT STAFFING REQUESTS The City Manager explained the Assessment Technician resigned recently. A reorganization of staffing was being onsidered in response to the Financial and Service Prioritization g p ce process. Conducting this reorganization now would avoid downgrading an employee and result in minimal disruption. Mayor Paulson asked if the Financial Task Force should make a recommendation. Councilmember Pedlar indicated it was probably not necessary. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to replace one Assessment Technician position with one Assessing secretary Pusieiun and to adopt the revised position description for the remaining Assessment Technician to reflect new responsibilities and requirements. The motion passed unanimously. _RESQLIJTION NO. 92 -61 Momber Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1992 PAY PLAN AND 1992 GENERAL BUDGET TO IMPLEMENT CHANGES IN THE ORGANIZA7I70N OF THE ASSESSING DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott the motion passed unanimously. LEGISLATIVE UPDATE The City Manager reviewed LOA cuts being proposed by the Legislature and the affect this would have on the City's budget. Councilmember Cohen provided a brief update on Legislative action and recommended the Council not take a position until the Legislature had made a final decision. Councilmember Pedlar indicated he hoped there would be a way to identify funding other than staff cuts which he felt causes an erosion in morale. He suggested staff be inf rmed about the possibility that the Legislature may be reconsidering large cuts to provide a "glimmer of hope ", The City Manager assured the Council this was being done through the employee newsletter but it was difficult to indicate specifics when it was unknown what level of service may be affected, The Council briefly discussed the need to streamline the budget, "do more with less ", and budget impact if the Legislature lifts the levy limitation. Councilmember Cohen suggested the Financial Task Force look at other sources of revenue including franchise fees. 3/23/92 -19- I REVIEW Q -CIVIC CENTER EXPANSION NEEDS In consideration of the late hour, Councilmember Cohen suggested this item be tabled to an upcoming agenda or to a special meeting so it could be adequately uatel discussed. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to defer discussion of Civic Ccnter expansion needs to a special meeting to be scheduled by staff. The motion passed unanimously. COMMUNICATIONS COORDINATOR POSITION MAYOR'$ PROPOSAL AND TABLED DISMSSIQN ITEM FRAM MARCH 9, 1992. MEE'1'1NG This item was tabled upon adoption of the agenda. RECOMMENPATION FROM HUMAN RIGHTS AND RESOURCES COMMISSION TO APPROVE THE F VISED APPLICATION AM EVALUATIQN FORMS FOR NONPROFIT HUMAN SERVICE OGRAMS/ GENCIES' CONTRIBUTION REO UJ STS The Per5onncl Coordinator reviewed the proposed amendments and updates to the application and evaluation forms being recommended by the Human Rights and Resources Commission. These forms were used to review financial requests from nonprofit human service programs and agencies. Mayor Paulson commended the Human Rights and Resources Commission for this ground breaking work that would probably be duplicated by the Park and Recreation Commission and other areas as well. CQuncilmember Rosene concurred. The City Attorney pointed out the Council does not have the legal authority to make "eontn`butions" and recommended the language be somewhat modified. The City Manager suggested the term "request for payment" be used to eliminate confusion. Council consensus was reached to revise the wording as recommended. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the revised application and evaluation forms for nonprofit human service programs /agencies' contribution requests. The motion passed unanimously. RESOLUTIONS (CONTINUEM AMENDING THE 1992 FNERAL FUND BUDGET FOR EXPENSES RELATED TO RECRUITMENT QF A PONCE all EF The City Manager indicated Police Chief Jim Lindsay had submitted a latter of retirement effective September 12, 1992. Staff recommended the Council consider initiation of the recruitment process for a new police chief with the aid of a professional consultant with expertise in this area. The City Manager suggested equal consideration be given to all applicants, both inside and outside of the organization. 3/23/92 -20- In response to Council's questions, the Personnel Coordinator indicated several other Communities were currently seeking a Police Chief; however, those communities wcrc already well into the process and probably have a different qualification profile in mind. Because of this, she did not feel a combined effort would be beneficial to Brooklyn Center. Also, the Data Practices Act would limit the City somewhat in joining with another community in the process. Councilmember Cohen questioned the open meeting law and the need to include it. The Personnel Coordinator agreed it should be incorporated into recruitment step 23. RESO UUTI0N NO, 92 -62 Mtmbcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1992 GENERAL FUND BUDGET FOR EXPENSES RELATED TO RECRUITMENT OF A POLICE CHIEF The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. Mayor Paulson stated that he would support amending the budget to start the process, but would like to have the Council involved throughout the process including buinb part of the screening of applicants. He also felt it was important to include citizen input. The Personnel Coordinator indicated the professional interview panel would include members from the community, She added the interviews would be videotaped and made available for the Council to review. The City Manager pointed out the process being suggested was in conjunction with the City's Charter with the City Manager making the selection which would be subject to approval by the Council. Mayer Paulson expressed concern that the Council be involved early in the process to assure the City Manager was looking for the type of police chief that the Council wanted. Councilmember Cohen suggested the consultant meet with Councilmembers individually to get input on what the Council is looking for. The Personnel Coordinator indicated the consultant would help staff develop the position profile, which could include talking with Councilmembers. Councilmember Cohen expressed support for this suggestion since it would not be a high cost item. Mayor Paulson stated he would like to provide input in development of the questionnaire to assure questions asked during the interview reflect the Council's input with the profile. The Personnel Coordinator responded that questionnaire input could be provided to the consultant when they met with Councilmembers. The City Manager stated the final questions to be used must be kept secret so as to not invalidate the process. 3/23/92 -21- There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to move forward with the recruitment process for a new police chief including the upcii meeting law into recruitment step 23, obtaining Council input in profile development, and including Council input in development of interview questions. Mayor Paulson stated he felt there was a need for more Council and resident input into the process. Vote: four ayes, one nay. The motion passed. Mayor Paulson voted nay. REGARDING MUL I- JURISDICTIONAL HO!1SI G AND HUMAN SERVICE G OPERATIVE The City Manager indicated the cities of Brooklyn Center, Brooklyn Park, Crystal, New Hope and Robbinsdale have cooperated over the past year to address a number of issues and to develop projects relative to housing and related issues. The proposed resolution would formalize this spirit of cooperation, The City Manager added a joint powers agreement or some other mechanism may be needed in the future. Councilmember Cohen indicated the Metropolitan Council had established a staff person to work on this process and if successful, he felt it could be used as a model. i RESOLUTIO NO, 92 -63 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION REGARDING MULTI- JURISDICTIONAL HOUSING AND HUMAN SERVICE COOPERATIVE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene the motion passed unanimously. OPEN FORUM ( ONTINU D) Don Poss, 3212 65th Avenue N., complimented the Council on the Council Chamber's new lighting system to facilitate cablecasting meetings. He indicated he had been a resident of Brooklyn Center, by choice, for 32 years for several reasons including prompt public services, clean water system, park and trail system, safety, etc. He reviewed the process used when the City's Charter was developed in 1966 and indicated he felt the Council was always served by compassionate people who worked in a cooperative effort for the betterment of the City. Mr. Poss stated he was concerned about the tone of the Mayor's State of the City address which indicated the citizens had been "living under a form of dictatorship of bureaucracy government and the City should move away from concrete steel glass towers ". Mr. Poss stated he felt the City's industrial park had developed very well as it was planned to do in the 1960s and executed in the 1970s. He also felt the City's major shopping center did not detract from the community. With regard to the City's form of government, Mr. Poss stated the City's Charter was clear on who appoints the police chief. Mr. Poss reviewed past 3/23/92 -22- Mayors who had served the City in a competent compassionate manner and not as "career politicians" as was becoming the trend in government today. Mr. Poss stated he felt there had been a major shift in the past fifteen months under Mayor Paulson, and he objected to the Mayor's calling for a return to a township form of government. He felt the Mayor was unable to relate to the history of Brooklyn Center and that the City Charter had been established as the form of government that residents desire. Mr. Foss stated residents expect stewardship from elected representatives and do not want to participate in "revolution" if change was only being made for change sake. He suggested the Council build on the past, not condemn it. Mayor Paulson stated he has always respected Mr. Poss' opinion and welcomed comments and opinions regarding his State of the City address as a way to start discussion and receive input. He encouraged people to also read articles that accompanied his address which documents changes happening around the country. Mayor Paulson stated he does not feel his comments should have come as a surprise because they reflect the same position he has taken with his work on the Council, He added he was not proposing change for the sake of change, but sees a lot of potential and also has a lot of respect for his predecessors. Mayor Paulson Suggested a workshop be scheduled to discuss the direction the community was taking and how to make it an even better place to live in the future. Councilmember Cohen stated he was concerned the Council was not part of the process in the State of the City address. He pointed out that the Mayor had indicated he would provide members with a draft of the speech so they could provide input, but this was not provided. He felt this would have provided an excellent opportunity to bring others into the process, Councilmember Cohen agreed with Mr. Poss that the Mayor's State of the City speech had a misdirected, mean spirited tone. He stated he did not want to discuss the matter at a worksession but wanted to take, public exception to some of the Mayor's comments made since it does not serve the community to say the City was moving in the wrong direction. Mayor Paulson indicated being Mayor was not his full -time job, and he did not have time to prepare a speech, distribute it and then incorporate everyone's comments. He added he had tried several times to contact Councilmember Cohen but was unable to. Mayor Paulson stated he felt the issues he brought up had merit and should be considered. He encouraged residents to contact him and provide input regarding the address. Councilmember Rosene supported the idea of having a philosophical debate at a Council retreat. Mayor Paulson asked members to inform him if they want to pursue this option. - 3/2 3/ 9 2 a AD7QURNMMN There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting, The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:41 p,m, Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services I 3/23/92 -24- MINUTES OF THE PROCEEDINGS OCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION MARCH 30, 1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Todd Paulson at 7:34 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, and Council Secretary Carla Wirth. OPENING CEREMONIE The invmatiun wus ubscrved with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening, He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There wore no Council reports. _ APPROVAL OF AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the agenda. No requests were made. RESOLUTION OF SUPPORT QF BROOKLYN CENTER LOCAL LIOUOR AND RESTA�L RANT TAX The City Manager explained Representative Carruthers contacted him indicating he had an insertion into the House Tax Bill which would allow cities to place a local liquor and restaurant tax. He was not able to insert it as a state -wide bill but rather as a city bill. If approved it would provide a local option that could be implemented by the Council according to State law. 3/30/92 _ 1 - 1 Councilmember Cohen stated one of Representative Carruthers' concerns in addressing this issue was the City's ability to deal with apartment problems. He added Representative Carruthers was sensitive to Brooklyn Center's needs and trying to provide revenue options. In response to Mayor Paulson's questions, the City Manager reviewed the procedure for adoption. RESOLUTION NO. 92 -64 Mcmbcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION IN SUPPORT OF BROOKLYN CENTER LOCAL LIQUOR AND RESTAURANT TAX The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar and the motion passed unanimously. REVIEW OF CIVIC CENTER EXPANSION NEEDS The City Manager indicated this matter had been tabled at the March 23, 1992, Council meeting to allow adequate time for discussion. He then reviewed, with the use of an overhead, the detailed study of physical facility needs which was completed approximately three years ago. The City Manager also reviewed site constraints due to areas of unsuitable soils. It was felt long range alternatives would require a bond issue referendum to finance construction. Short range (interim) options were reviewed which included leasing space for certain departments and/or moving the Council Chambers to an alternate location to allow for relocation of certain police functions into the existing Chambers. Another option would be to build a two -story addition to the south side of the City Hall building along with some remodeling work. Councilmember Rosene asked if the Council Chambers could be remodeled to provide two floors of space. The City Manager indicated this alternative would be quite expensive due to accessibility requirements and the need for additional support structures. Councilmember Pedlar indicated the survey conducted in 1989 showed 50% of those surveyed supported spending additional dollars to make improvements at City Hall for a Senior Citizen Center and expansion of the Police Department. He agreed the economy had changed since then, especially as it relates to government aid, but he felt the Council needed to do something to accommodate existing space needs. Councilmember Pedlar had concerns with the option of moving the Council Chambers to Constitution Hall or the Heritage Center but would agree to it (in concept) in order to accommodate the current space needs of the Police Department. He suggested staff develop a plan indicating how the Council Chambers could be used and impact to Police Department needs. He pointed out voters were more cost conscience today due to the recession. 3/30/92 -2- There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve, in concept, the expansion of the Police Department into the existing Council Chambers pending final approval by the Council and submission of plans that indicate what would be impacted in the downstairs area, how the Chambers would be modified, soundproofing treatment addressing water slide use, and how the Council and Planning Commission's use would impact Constitution Hall usage by other organizations. Councilmember Scott indicated she understood the Police Department was crowded, but the Council Chambers was not large enough to accommodate all of their needs. Also, Council just spent money updating the lighting for cablecasting. She felt the Financial Task Force should look at space needs and make recommendations for a long range solution. Councilmember Scott indicated support of a two -story addition to house the Police Department and Fire Chief since it would also provide room to meet future needs. She requested staff provide a rough cost estimate for the use of Constitution Hall on a regular basis, including the cost for a public address system and lighting adequate for cablecasting. The City Manager indicated staff could provide recommendations and cost estimates for an interim solution and then research a more permanent solution, or the Council could appoint a separate task force to research those options. Councilmember Pedlar indicated discussions of the Financial Task Force revolve around program functions and staffing, He felt the Council needed to be careful about asking them to also address space needs. Councilmember Pedlar reviewed discussions held at two meetings he attended with police Department representatives regarding their needs as well as productivity issues. He pointed out the Council needs to keep in mind that the staffing organizational chart may change in the near future. Councilmember Pedlar indicated he does not feel use of Constitution Hall by the Council was a permanent solution, but supported having staff research use of the G Barn as one option. Councilmember Cohen indicated staff reductions had not been part of the original discussion. He provided staff with a copy of an editorial from the St. Paul Dispatch newspaper which predicted large budget shortfalls in the next biennium. Mayor Paulson agreed the Police Department was crowded and in need of more space. He indicated he was not sure use of the Tack Room or Constitution Hall was a good long term solution for the Council Chambers and Suggested staff also investigate the option of the G Barn reconstruction for use as the Council Chambers. Mayor Paulson stated he would favor an addition onto City Hall for administrative space and going with a referendum for expanding the Police Department and/or Senior Center. He also supported researching the possibility of adding to the Heritage Center, not just for Council space, but as part of the conference center. Councilmember Rosene stated he toured the Police Department area and agreed they have space needs for storage of equipment, uniforms, files, etc., as well as a bathroom, conference 3/30/92 -3- room and space for investigators, He supported their use of the existing Council Chambers as an interim solution but felt the long range solution would include construction of additional space. He supported researching a two or three story addition in the area where the hcating(cooiing equipment was currently located. If this was done, the Police Department would have adequate space and Council Chambers could also be housed in the addition. Councilmember Pedlar pointed out rental space at the Heritage Center provided revenue for the City and he felt the Council needed to look at the larg i i g financ pi cture incladin P g all options. He added the motion on the floor was for concevt approval and addresses the needs of only one department. Councilmember Cohen concurred and suggested the Council act on the motion on the floor and then discuss long term possibilities. He agreed with Councilmember Rosene's point that a permanent Police Department ex was still needed even if h xP the C� B ar n was constructed for use as a Council Chambers. Councilmember Rosene pointed out having the Council Chambers in close proximity to City Hall allowed staff to work on various projects while waiting for their agenda item to be discussed. Moving the Council Chambers off -site would result in the loss of some of this productivity. Mayor Paulson reviewed a section from the book Strong Democracy which indicated how important "talk" was in a democracy and the importance of neighborhood assemblies to assure accountability of elected officials, press, etc. He stated he felt the Council needed a physical presence in neighborhoods where meetings could be held and issues debated. Mayor Paulson felt residents would support a referendum for a Police Department expansion, but he had concerns about attaching the stigma of the Council Chambers to the referendum. Rather, he felt the City could generate the needed revenue from the Heritage Center by using the G Barn as the Council Chambers as well as for other conferences, etc. Councilmember Pedlar indicated he felt the referendum in a neighboring community failed because an addition to the City Hall was included He explained he does not want to create a "smoke screen" before the residents about the City's needs. Councilmember Pedlar pointed out some residents may feel installing $3,000 of lighting into the Council Chambers may not have been prudent if the Council was consider relocating, but he felt most of the cost was for the lights themselves which could be reused. Councilmember Pedlar indicated he was willing to work with any member of the Council to determine what would be in the best interest of the community, but felt the stigma of the State of the City address was causing conflict that needed to be resolved. He expressed concern with the Post Newspaper article regarding the Mayor's address and indicated he was willing to work side by side with anyone on the Council as long as they respect the fact that he may disagree with them on an issue. 3/30/92 -4- Councilmember Cohen requested the Mayor call the question. Mayor Paulson stated he had asked to discuss these issues for one and one -half years. He indicated he does not feel the Council was serving citizens by allowing staff to put the Council Chambers in the basement of the Heritage Center, and the G Barn could be used for other purposes such as providing a forum for artistic events. He felt the Council needed to look at other options. Councilmember Cohen again requested the Mayor call the question. The motion passed unanimously. Discussion then r to ned to possible long range solutions with Councilmember Cohen indicating the use of the G Barn for the Council Chambers was not really getting the "City out to the citizens ". He pointed out in the past the Council had conducted meetings at the schools and churches as a way of bringing the government out to the ea le. F F Councilmcmber Cohen stated he supported doing this as a way of getting citizens involved. He also supported having staff research gll options, including building the G Barn and adding onto City Hall. Councilmember Rosene suggested the Councilmember's voice mail box phone numbers be publicized and citizens encouraged to call with comments or concerns. He felt this would provide better communication. rnnnr;lm,-mhPr Srntt rt-vij-wi -d hPr nnct uwnrlr with varin»s :idvicnry hnard -, rnmmissinns and serving on the Council. She explained in the past the City had neighborhood advisory commissions which provided an excellent method for residents to voice their concerns in an unimposing setting. The Council also had a breakfast several times each year which was publicized and residents encouraged to attend and voice concerns or ask questions. She agreed with Councilmember Cohen the Council needed to go into the neighborhoods to meet people and establish better communication. Councilmember Scott suggested the Council consider reviving these neighborhood groups. Mayor Paulson felt this was an excellent suggestion and supported reinstating this program. He agreed a one-on -one basis was the best way to obtain feedback and response from citizens. Mayor Paulson indicated he had received many calls this last week and found it was very uplifting to receive that kind of support. Councilmember Rosene concurred with Councilmember Scott's suggestion. He then questioned Mayor Paulson's earlier reference to using the G Barn for artiNtic events and asked if Constitution Hall or the future addition to City Hall could not be used for this purpose, Mayor Paulson stated he was unsure of the equipment at Constitution Hall but felt there was a need for adequate facilities for artistic events and performances that could be scheduled to provide identity for Brooklyn Center. He pointed out the existing Council Chamber's equipment was not conducive to live musical performances. 3/30192 -5- Li CENTER Pao Councilme Cohen reviewed the process used when the City HaII was constructed, He indi 3te� Sun ort of esi ntinn a Task Fnrre t address rhrse issue s an nrn d or n lac inpu t. lie as 6 Stara fo also research potenti c o nstru ct io n cost, opera`hon cos t and post revenue to the City if the G Barn was converted for public purposes instead of being rented to private enterprise. This information would allow the Council to determine what would be more cost effective, Councilmember Cohen suggested staff also contact other communities about a "City Hall on Wheels" program where a recreational vehicle goes into neighborhoods to provide services like licensing, voter registration, etc. He felt this type of program had potential since the City's population was growing older and living longer. Mayor Paulson asked how the G Barn could result in Iost revenue for the City, Councilmember Cohen responded the G Barn could be rented as office space, Mayor Paulson stated he had a level of discomfort about using public money to construct a building that ends up being used for private purposes. Councilmember Rosene expressed support of further research for a "City Hall on Wheels" program, He pointed out there was also a need to assure the City Hall was included in transit routes. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff to prepare a resolution that would outline various options for long term solutions including a cost estimate for an addition to City Hall; cost estimate for building a facility at the Heritage Center; information on cost effectiveness of having the Council Chambers relocated off the City campus; potential for increased revenue or loss of revenue that could be incurred if the Council Chambers was located as part of the Heritage Center; operating cost impact for various alternatives; procedure used for citizen input and involvement with the original Capital Improvement project; and, possible options for a "City Hall on Wheels ". The motion passed unanimously, NORTH HENNEPIN CT &MBER OF COMMERCE EXECUTIVE BOARD DINNER U r Councilmembcr Ruscne stated lie spoke with Mary Welsh who indicated she still had nut heard whether several Councilmembers were going to attend the May 11 dinner hosted by the North Hennepin Chamber of Commerce Executive Board. This catered meal would be hold at 5 p.m_ at Constitution Nall wnr1 hy a rminril mPoting Tn rpsnnnve.. to Councilmember Cohen request, the City Manager stated he would check on procedure needed to be followed regarding the open meeting law, PROCEDURE FOR MINUTE CORRECTION Councilmembe.r Rosene questioned the proper procedure for making minor grammatical corrections to the minutes Councilmember Scott suggested members inform staff prior to the meeting, The minutes could then be approved with the grammatical corrections in place. Mayor Paulson invited people to contact him about the State of the City address and indicated he would appreciate the input, 3/30/92 - 6 FAX 6127852.163 NCSS -COON RAPIDS --y B CENTER P31 ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:02 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services n r, n inn CITY OF BROOKLYN CENTER council Meeting Date April 13, 1992 Agenda Item Number O �/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING APRIL 26 -MAY 2, 1992, AS BROOKLYN CENTER VOLUNTEER RECOGNITION WEEK DEPT. APPROVAL: P . Patti A. Pag eputy City Clerk 4 MANAGERS REVIEW/RECOMMENDATION: G No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) i , RECOMMENDED CITY COUNCIL ACTION PROCLAMATION j DECLARING APRIL 26 -MAY 2, 1992, AS BROOKLYN CENTER VOLUNTEER RECOGNITION WEEK WHEREAS, Volunteers have enriched the life of our communities through their concern, commitment and generosity of spirit; and WHEREAS, Volunteers are an essential component of that quality of life as they serve the health, education, recreation, social service, environmental and cultural needs of our communities; and WHEREAS, Young people, involved in youth community service, have made significant contributions to the welfare of our communities through peer tutoring, drug use prevention, work with infants and children, care for seniors, hunger relief efforts, environmental projects and many other forms of service; and WHEREAS, Senior citizens continue to contribute to our communities through volunteer service as mentors to youth, delivering meals to the homebound, being a friendly companion to the sick and the less fortunate and by providing a multitude of services to those in need; and WHEREAS, Volunteers of all ages and from all backgrounds are stepping forward to meet and to solve the increasingly complex problems that have confronted our communities; and WHEREAS, Individuals and groups serving as volunteers at the local, state, national and international levels have impacted our communities and world through service to others; and WHEREAS, Recognition should be given to volunteers involved in all contributions which serve their fellow citizens and communities. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of April 26 -May 2, 1992, as Brooklyn Center Volunteer Recognition Week. Date Todd Paulson, Mayor Seal Attest: Deputy City Clerk p Y Y CITY OF BROOKLYN CENTER council Meeting Date 4/13/92 Agenda Item Numbcr Cr a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE AND A RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES RELATED TO THE AMERICANS WITH DISABILITIES ACT DEPT. APPROVAL: Geralyn R Barone, Personnel Coordinator MANAGER'S REVIEW/RECOMMENDATION. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X } The Americans with Disabilities Act (ADA) is civil rights legislation designed to improve access to jobs and work places for people with disabilities. The ADA accomplishes this goal by setting standards for employment policies and practices as well as for premises of public accommodations and commercial buildings. The act is a very lengthy, detailed, and complex document. In order to determine whether or not the City of Brooklyn Center is in compliance with the ADA and to identify any deficiencies we might have pertaining to accessibility for persons with disabilities, staff is recommending that we work with Julee Quarve- Peterson of JQP, Inc. Ms. Quarve- Peterson previously assisted the City in review of facilities and programs for persons with disabilities as is required by 504 of the Civil Rights Rehabilitation Act of 1973. JQP, Inc. will conduct on -site surveys of City properties, including the civic center, fire stations, municipal garage, Centerbrook golf course, parks, shelter buildings, liquor stores, and Earle Brown Heritage Center. A report overview of those issues needing attention by the City will be presented. JQP, Inc. will also serve as an informational resource in determining the accessibility of City programs and services. Ms. Quarve- Peterson has extensive experience in compliance issues in the State of Minnesota and brings an understanding and expertise on the ADA that has been impossible to match. We have not found other resources that are able to provide the combination of determining compliance with both the physical barriers component of the ADA and program compliance issues. Therefore, we recommend approval of the attached resolution so we may proceed with determining the status of our compliance. • Total fees for JQP, Inc. services are not expected to exceed $7,250. A $500 retainer fee is required. Other attachments include the proposal from JQP, Inc., a resume on Ms. Quarve- Peterson, and information items regarding the ADA. Note that services provided by JQP, Inc. will not include employment issues (e.g., employment application and job description updates). If necessary, this area will be brought before the city council at a future time. In the meantime, we will attempt to comply in the employment area by doing any work in- house. RECOMMENDED CITY COUNCIL ACTION Discuss and approve A Resolution Amending the 1992 General Fund Budget and Authorizing the City Manager to Enter into an Agreement for Consulting Services Related to the Americans with Disabilities Act. • �1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES RELATED TO THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Americans with Disabilities Act (ADA) is a federal antidiscrimination statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities; and WHEREAS, the City of Brooklyn Center is required to comply with the ADA; and WHEREAS, the City of Brooklyn Center has received a proposal from Julee Quarve- Peterson, Inc. (JQP, Inc.) to provide consulting services to the City for the purposes of compliance with applicable codes, laws, and guidelines pertaining to accessibility for persons with disabilities; and WHEREAS, the cost of these consulting services is not expected to exceed $7,250; and WHEREAS, Section 7.09 of the City Charter does provide for a contingency appropriation as a part of the General Fund budget and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the General Fund budget be amended as follows: Increas the Increase Appropriation for the followinz line item: City Manager's Office - Unit 113, Object No. 4310 $7,250 Decrease the Appropriation for the following line item: Unallocated Dept. Expense - Unit 180, Object No. 4995 $7,250 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to enter into an agreement with JQP, Inc. for consulting services related to the ADA. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. julee quarve - peterson, inc. accessibility specialist, "504" consultant PROPOSAL TO CITY OF BROOKLYN CENTER, MINNESOTA is FROM JULEE QUARVE- PETERSON, INC. Julee Quarve- Peterson, Inc. ( "JQP, Inc. ") proposes to provide consulting services to the City of Brooklyn Center, Minnesota for the purposes of compliance with applicable codes, laws, and guidelines pertaining to accessibility for persons with disabilities. JQP, Inc. has previously assisted the City of Brooklyn Center in review of facilities and programs for persons with disabilities as is required by 504 of the Civil Rights Rehabilitation Act of 1973. Therefore, JQP, Inc. is uniquely qualified to assist Brooklyn Center in this next phase of review for compliance with the Americans With Disabilities Act requirements of 1990. JQP, Inc. proposes to conduct the following specific activities to assist the city in fulfilling its ADA and 504 requirements: 1. On site survey of properties as provided. NOTE: Lift stations and underground storage tanks and pump house will not be evaluated. ■ Civic Center ■ Fire Stations ■ Municipal Garage ■ Centerbrook Golf Course ■ 27 Parks, including 17 Shelter Buildings ■ 3 Municipal Liquor Stores ■ Leased Space at Earle Brown Heritage Center 2. A report overview of those issues requiring upgrading as required by 504 requirements and overview of those issues determined to be "readily achievable" by ADA. 3. An updated resource guide on suppliers and vendors of specialty equipment and services will be provided. 4. A presentation to city staff and city council if requested. 5. Assistance with coordination of other consultants regarding issues of sensitivity training and employment issues. The fee for the above - listed consulting services is $6,400 plus expenses of 27� per mile, copying at cost, and secretarial services at $18 per hour. Total not expected to exceed $7,250. (A $500 retainer fee is required.) VRespe ? ly submitted, Qua eters Authorized Signature for President of Julee Quarve- Peterson, Inc. City of Brooklyn Center Date: Date: p.o. box 28093, crystal, minnesota 55428 612- 553 -1246 Julee Quarve- Peterson P.O. Box 28093 Crystal, MN 55428 612/553 -1246 JQP, Inc. (Crystal, MN) Principal 1984 - present "504" Evaluations Assist cities, counties, school districts, colleges, Housing Authorities and Medical Facilities to conform with "504" handicap accessibility requirements. Market and complete work required by contracts, which includes site surveying of facilities, reviewing documents, training, and supervising support staff, and polishing final report. On -Site Evaluations and Reports Provide technical assistance, on -site surveys, document review, training and presentation sessions, and promotional information regarding handicap access issues to private corporations, educational institutions, and public park systems. Survey Instruments Develop forms and provide training to help organizations collect, analyze, and prioritize issues of accessibility. Notable clients include Minnesota Department of Administration's "Access'92," a statewide project involving evaluation of over 4,500 sites, Honeywell Corporation involving evaluation of 489 plants nationwide, and Minnesota Department of Education. Seminars and Courses Conduct seminars on access issues including State and Federal laws, building codes, product availability, and policies. Instruct courses at public universities, private organizations and corporations, municipalities, and park organizations. Plan Review Subcontract to City of Minneapolis Building Inspections Department to review plans, provide in -house training, and assist in formulation policy concerning Minnesota Building Code 1340. Legal Testimony and Experience Provide expert witness depositions and research to several law firms regarding the housing needs of clients disabled as a result of personal or work - related injury. National Handicap Housing Institute (Robbinsdale, MN) Assistant Director 1978- 1984 ■ Surveyed approximately 1,000 facilities (churches, municipal buildings, schools, medical facilities, private businesses, public housing, private homes) for accessibility. Developed working drawings and specifications as part of designing retrofits for facilities. ■ Developed accessibility design criteria and consulted with architectural firm on construction, product specifications, marketing, and management for approximately 300 units of barrier -free housing. ■ Marketed and managed 60 units of subsidized, accessible housing for persons with disabilities. Minnesota State Council for the Handicapped (St. Paul, MN) Accessibility Specialist 1980 ■ Provided information and referral to general public and professionals on accessibility issues; interpreted current Federal and State building codes concerning barrier -free design; lead training sessions on surveying skills, code interpretation, and general design recommendations to interest groups (churches, human - rights commissions, clubs, and organizations.) ■ Supplied design recommendations, product specifications, working drawings, cost estimates, and funding sources for facilities surveyed. Researched products and evaluated their accessibility features. ■ Coordinated statewide International Year of Disabled Persons. Education University of Minnesota B.S., Housing Design Undergraduate Thesis: "Housing Minnesota's Handicapped" Associations National Council of Examiners for Engineering and Surveying Publications Author: The Accessibility Book. A Building Code Summary and Products Directory (1989) Author: Simple Solutions to Difficult Problems of Handicap Access (1987) Consultant to production of video: "Removal of Architectural Barriers in Schools" References furnished upon request. -3- Client Listing Design Quarve- Peterson Consulting -Government Facilities gn g Fond Du Lac Indian Reservation (Cloquet) State Capitol Cafeteria Hennepin County Parks System State of Minnesota: "Access '92" Minneapolis Armory Veterans Administration Hospital (Hastings) "544" Evaluations - Public Schools Albert Lea School District Orono School District Byron School District Ortonville School District Caledonia School District Roseville Area Schools Hopkins School District St. Paul School District LeSueur School District South Washington County Schools Minneapolis School District Spring Valley School District Minnetonka School District Walker /Hackensack School District Moorhead School District Waseca School District Northbranch School District Worthington School Districts "504" Evaluations - Post - Secondary Institutions Carleton College (Northfield, MN) College of St. Catherine (St. Paul, MN) "504" Evaluations - Municipalities /Counties Brooklyn Center, MN Fridley, MN Freeborne County, MN Brooklyn Park, MN Robbinsdale, MN Meeker County, MN Carlton County, MN Cook County, MN Willmar, MN Kandiyohi County, MN Renville County, MN New Hope, MN Inver Grove Heights, MN Olmsted County, MN Grand Marais, MN Cloquet, MN Winona County, MN Chippewa County, MN Rice County, MN Jordan, MN Duluth, MN Carlton, MN Private Corporations Honeywell Corporation Pillsbury Corporation Sperry Univac Corporation Target Medical Facilities Eagle Nursing Home, Inc. (Bloomington) North Memorial Hospital (Minneapolis) Mayo Clinic (Rochester) Sister Kenny Institute (Minneapolis) Mercy Medical Center (Coon Rapids) St. Mary's Hospital (Rochester) Midway Hospital (St. Paul) University of Minnesota Hospitals Mounds Park Hospital (St. Paul) St. Paul Ramsey Hospital (St. Paul) Children's Hospital (Washington, D.C.) Others Anoka County Fairgrounds Minneapolis Building Inspections Department Centro Cultural Chicano Minnesota State Fairgrounds Courage Center "Residence" Mower County Fairgrounds Honeywell Product - Design Research Team Multiple Sclerosis Society Mankato State University Dormitories United Methodist Church Task Force Minneapolis Public Housing San Francisco Maritime ADA Audits Towle Real Estate Circus Circus Properties (Reno/ Compas Management and Leasing Las Vegas -2- WHAT EFFECT DOES THE ADA HAVE ON MY BUSINESS? • installation of a bathroom grab bar WHAT IS THE ADA? This comprehensive legislation, signed into law by President • small enlrancc stool) than could be ramped "READILY The Americans with Bush on July 26, 1990, has far- reaching implications for virtually • a f ixturc or obstacle hlocking an otherwise accessihlc ACHIEVABLE" Disabilities Act (ADA) all businesses that serve the public.'1'he ADA bars discrimination entrance that could he removed, or The "readily is civil rights legislation in employment policies and practices against people with disahil- • it water fountain too high lu be used by it prison using it achievable" removal designed to improve ac- ities. The legislation also mandates improved accessibility for wheelchair that could be improved with a cup dispenser. of architectural cess to jobs and work - people with disabilities in all commercial and public acconunoda- barriers should be places for people with lions such as hotels, stores, off ices, and transportation systems. WE PLAN TO RENOVATE OUR OFFICES SOON. undertaken by: disabilities. The ADA HOW DOES THE ADA AFFECT OUR PROPOSED PROJECT? • January 26,1992 accomplishes this goal WHAT KINDS OF THINGS WILL EMPLOYERS HAVE TO DO Major renovations to existing buildings are not required heyond generally for by setting standards for TO COMPLY? the removal of harriers where "readily achievable." businesses employing employment policies Employers must make "reasonable accommodations" to facilitate If, however, such renovations are undertaken on or after.lanu- 26 or more; and practices as well as the employment of job applicants with disabilities. That means ary 26, 1992, the alterations must be "readily accessible to and us- • July 26, 1992 for the premises of pub- that businesses will have to examine their employment policies able by" people with disabilities. generally for lic accommodations and and procedures as well as their physical environment to deter- "Readily accessible and usable" does not mean total accessi- businesses employing commercial buildings. mine if barriers to the employment of the disabled exist and to bility in every pail of every facility; it does mean a high degree of 11 to 25 inclusive; eliminate those barriers. accessibility. For example, entrances, corridors, bathrooms, and • January 26, 1993 water fountains should be accessible to people with disabilities. generally for WHAT IS AN ARCHITECTURAL BARRIER? If your renovation does not affect usability, such as in painting businesses employing An architectural barrier is a man -made element that controls or or replacing windows, you would not be expected to add accessi- 10 or fewer. Iimits access to or use of the physical environment. Some barriers bility features. such as door locks or safety railings are beneficial. Other barriers, If you were to renovate an entire floor of Offices, you would be "READILY such as staircases, turnstiles, or small toilet stalls, make it impos- required to make sure that the altered area is "readily accessible ACCESSIBLE AND Bible for those with physical disabilities to use buildings. and usable." In addition, corridors leading to the area, adjacent USABLE" bathrooms, water fountains, and other amenities nurst also be "Readily accessible WHEN 001 HAVE TO MAKE NECESSARY ACCOMMODATIONS TO equally accessible, unless the cost of making these features ac- and usable" does not COMPLY WITH THE LEGISLATION? cessible is "disproportionate" to the total cost of the alteration. An mean total The effective date for all buildings and facilities newly construct- expenditure of more than 20 percent of the total renovation costs accessibility in every ed for first occupancy is January 26, 1993, unless a final building may be disproportionate, part of every facility; permit, certified as complete, has been obtained by January 26, Features normally included in renovations, such as doorways, it does mean your 1992. All alterations begun after January 26, 1992 must comply may count toward this 20 percent figure. l fall necessary accessi- building must provide with the ADA. Public accommodations must undertake the "read- bility improvements cannot be incorporated, priority must go to accessibility and that ily achievable" removal of harriers generally after January 26, facilitating entrance to the space. you reasonably 1992, though small businesses have up to a year or more to com- accommodate people plete the "readily achievable" removal of barriers. DOES THIS ACT COMPEL ME TO INSTALL AN ELEVATOR IN THE with disabilities. TWO -STORY BUILDING THAT HOUSES MY BUSINESS? WHAT CONSTITUTES THE "READILY ACHIEVABLE" REMOVAL OF Elevators are generally not required in new or altered buildings ARCHITECTURAL BARRIERS? under three stories or with fewer than 3,(XX) square feet per floor, Public accommodations must remove barriers in existing build - unless the building is a shopping center, mall, transportation facil- ings when it can be accomplished in a "readily achievable" man- ity, or professional office of a health care provider. Note that a ner, that is easy to do and at low cost. Under the act, there are building with more than three stories, but no more than 3,000 many factors to be considered in determining whether the remov- square feet pet would qualili for Me elevator exemption. al of a barrier is `readily achievable" —the nature and cost of the action needed, the overall financial resources of the operation, the WHAT EFFECT WILL THE ADA HAVE ON NEW CONSTRUCTION? size of the work force, the impact of alterations on the operation, New buildings open for first occupancy on or after January 26, and the type of operation. Multiple barriers may be removed over 1993 must also be "readily accessible and usable" as described time. above. Because of this provision, building owners and their archi- Here are some examples of barrier removal considered tects must anticipate when buildings designed before that time "readily achievable" under the ADA: will be open for first occupancy. L __ U.S Department of Justice Civil Rights Division Coordination and Review Section a Americans with Disabilities Act Statutory Deadlines I. Employment > The ADA requirements become effective on: - July 26, 1992, for employers with 25 or more employees. - July 26, 1994, for employers with 15 -24 employees. II. Public Accommodations > The ADA requirements become effective on: - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new vehicles that are required to be accessible. > New facilities designed and constructed for first occupancy later than January 26, 1993, must be accessible. > Generally, lawsuits may not be filed until January 26, 1992. In addition, except with respect to new construction and alterations, no lawsuit may be filed until: - July 26, 1992, against businesses with 25 or fewer employees and gross receipts of $1 million or less. - January 26, 1993, against businesses with 10 or fewer employees and gross receipts of $500,000 or less. III. Transportation A. Public bus systems im- The ADA requirements become effective on: - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new buses. B: Public rail systems -- light, rapid; commuter, and intercity (Amtrak) rail > The ADA requirements become effective on: - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new rail vehicles. > By July 26, 1995, one car per train accessiblity must be achieved. III. Transportation (cont.) By July 26, 1993, existing key stations in rapid, light, and commuter rail systems must be made accessible with extensions of up to 20 years (30 years, in some cases, for rapid and light rail). C. Privately operated bus and van companies The ADA requirements become effective on: - January 26, 1992, generally. - July 26, 1996 (July 26, 1997, for small providers) for purchase of new over - the -road buses. - August 26, 1990, for purchase or lease of certain new vehicles (other than over- the -road buses). IV. State and local government operations �- The ADA requirements become effective on: - January 26, 1992. V. Telecommunications The ADA requirements become effective on: - July 26, 1993, for provision of relay services. This document is available in the following accessible formats: - Braille - Large Print - Audiotape - Electronic file on computer disk and electronic bulletin board (202) 514 -6193 For more information on the ADA contact: U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035 -6118 (202) 514 -0301 (Voice) (202) 514 -0381 (TDD) (202) 514 -0383 (TDD) 2D -70 GPO :1990 0 - 273 -184 U.S. Depat•Imer ustice Civil Rights Divta._.. Coordination and Review Section H" f . Americans with Disabilities Act Requirements Fact Sheet Employment ✓ Employers may not discriminate against an individual with a disability in hiring or promotion if the person is otherwise qualified for the job. ✓ Employers can ask about one's ability to perform a job, but cannot inquire if someone has a disability or subject a person to tests that tend to screen out people with disabilities. ✓ Employers will need to provide "reasonable accommodation" to individuals with disabilities. This includes steps such as job restructuring and modification of equipment. ✓ Employers do not need to provide accommodations that impose an "undue hardship" on business operations. Who needs to cort►yly: ✓ All employers with 25 or more employees must comply, effective July 26, 1992. ✓ All employers with 15 -24 employees must comply, effective July 26, 1994. Transportation ✓ New public transit buses ordered after August 26, 1990, must be accessible to individuals with disabilities. ✓ Transit authorities must provide comparable paratransit or other special transportation services to individuals with disabilities who cannot use fixed route bus services, unless an undue burden would result. ✓ Existing rail systems must have one accessible car per train by July 26, 1995. ✓ New rail cars ordered after August 26, 1990, must be accessible. ✓ New bus and train stations must be accessible. ✓ Key stations in rapid, light, and commuter rail systems must be made accessible by July 26, 1993, with extensions up to 20 years for commuter rail (30 years for rapid and light rail). ✓ All existing Amtrak stations must be accessible by July 26, 2010. Public Accomi�dations ✓ Private entities such as restaurants, hotels, and retail stores may not discriminate against individuals with disabilities, effective January 26, 1992. ✓ Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities, unless an undue burden would result. ✓ Physical barriers in existing facilities must be removed, if removal is readily achievable. If not, alternative methods of providing the services must be offered, if they are readily achievable. ✓ All new construction and alterations of facilities must be accessible. State and Local Government ✓ State and local governments may not discriminate against qualified individuals with disabilities. ✓ All government facilities, services, and communications must be accessible consistent with the requirements of section 504 of the Rehabilitation Act of 1973. Telecommunications ✓ Companies offering telephone service to the general public must offer telephone relay services to individuals who use telecommunications devices for the deaf (TDD's) or similar devices. This document is available in the following accessible formats: - Braille - Large print - Audio tape - Electronic file on computer disk and electronic bulletin board. (202) 514 -6193 For more information about the ADA contact: U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035 -6118 (202) 514 -0301 (Voice) (202) 514 -0381 (TDD) CRD - 20 (202) 514 -0383 (TDD) GPO : 1990 03 -184 I ADA's Documents ' Information t • '1 The American th Impact on Employment The ADA is available in print for $1.50 from Disabilities Act the U.S. Government Printing Office, Washington, ADA prohibits discrimination against workers with disabilities. As of July DC 20402. Request document no. 869 -010 - 000 -96-1. Make check or 26,1992, it applies to all businesses employ- 1 money order ing 25 or more individuals and beginning July 26,1994, to all employing 15 or more. payable to The Superintendent of • ADA employment provisions apply Documents. VISA to employers, employment agencies, labor or Master Card call organizations, or pint labor- management 202/783 -3238. committees. w The Western • ADA requires equal opportunity in Virginia Research r t "Every man, woman and child with a selection, testing and hiring of qualified and Training � � disability now can p a ss through once - applicants with disabilities. ty Pa g Center offers the closed doors into a bright new era of • ADA requires equal treatment in ADA on the equality, independence and freedom." promotion and benefits similar to other civil Enable electronic rights legislation. bulletin board for down- loading. Phone 304/766 -7842 for modem or 304/ President George Bush ADA requires reasonable accommo- 766 -7138 for voice. dation for workers with disabilities when such accommodations would not impose an or The Department of Justice has ADA fact sheets "undue hardship." Reasonable accommoda- available in print, Braille, large print, on audiocas- tion is a concept already familiar to and Bette, electronic bulletin board, 202/514 -6193 for d WKaugt widely used in today's workplace. modem, and computer disc (IBM compatible only). �y 4 Contact the Civil Rights Division, U.S. Department Revised March 1991 of Justice, Box 66118, Washington, DC 20035. _ Phone: 202/514 -0301 (v) or 202/514-0381 or 0383 The President's Committee on Employment of (tdd). People with Disabilities 111120th Street, NW The American Printing House for the Washington, DC 20036 Blind (APH) has the ADA in large print, Braille, on audiocassette, and flexible disc. First o 202 - 6535044 voice a ocasse on fle rs copy .202- 6535050 tdd is free. Contact APH, 1839 Frankfort Avenue, The President's Committee on 202 -653 -7386 fax Louisville, KY 40206. Phone 502/895 -2405. Employment of People The Architectural and Transportation with Disabilities Barriers Compliance Board •r The President's Committee on and 1111 18th Street, NW Employment of People with Disabilities (PCEPD) The Architectural and Transportation Washington, DC 20036 has other ADA brochures and other information Barriers Compliance Board 202 -653 -7834 v/ tdd available in standard and large print, Braille 202- USA -ABLE v /tdd and on audiocassette. 1- 800/872 -2253 US C4MRWW MNT Of FQ: 1 -W&% 0 0 0 To this Nate / over 43 million citizens (,1� with disabilitees, the Americans with Public Accommodations Disabilities Act (ADA), PL 101 -336, is an unprecedented opportunity to eliminate the , • barriers to Independence and productivity. _ �_- _ ADA addresses public The ADA is modeled after the Civil Rights accommodations and Act of 1964 and Title V of the Rehabilita- • 1� /�� businesses and services tion Act of 1973. The Bill was originally operated by private drafted by the National Council on Disabil- D R N K entities. Also included Ity and is supported by every major disabil- are privately owned Ity organization and constituency group. ,� transportation. Specific features of the Act vary Purpose: The purpose of the ADA is to ' No covered entity shall discriminate against a qualified Ii►dividual with a disability because of from section to section extend to people with disabilities civil 9 t y laying out how equal rights similar to those now available on the the disability of such individual in regard to job g application procedures, the Wring, advancement, access is to be achieved by particular a basis of race, color, sex; national origin, and PP P g' entities. religion through the Civil Rights Act of or discharge of employees, employee compensa- 1964. It prohibits discrimination on the tion, job training, and other terms, conditions, and "No individual shall be discriminated basis of disability in: • private sector privileges of employment." against on the basis of disability in the full employment; • services rendered by state and equal enjoyment of the goods, ser- and local governments; • places of public vices, facilities, privileges, advantages, accommodation; • transportation; Public Services and accommodations of any place of • telecommunications relay services. public accommodation. " ADA addresses .� services and activi- Employment ties of State and Telecommunications p rohibits discrimination a gainst local governments The ADA p $ _. including actions ADA mandates a qualified Individual with a disablity in applicable to public telecommunications employment and includes specific features transportation relay services be related to reasonable accommodation, provided by public entities. Transportation offered by private quallflcation standards and other labor- provisions of the Act are intended to improve companies and management Issues. access in equipment (buses, rail coaches), facilities includes services and demand response systems. Some of these operated by States. include: the purchase of new accessible public „ transportation equipment, special transportation "....shall ensure that interstate and intra- s state telecommunications relay services - impaired and AIL� services that are comparable to fixed route serv- _,, • ices, modification of key existing facilities to assure are available... to hearing ~'- access and inter -city and commuter rail accessibe- S impaired individuals in the United ity improvements. No qualified individual with a disability shall, by _ reason of such disability, be excluded from the Miscellaneous Provisions participation in, be denied the benefits of, or be subjected to discrimination by a department, V arious explanations, exemptions, direc- agency, special purpose district, or other instru- tives and mandated studies are also mentality of a State ocal government.' detailed in the Act. 0 Enforcement Documents and Information The Americans with Disabilities Act The Architectural and Transportation wr The ADA is available in print for $1.50 from Barriers Compliance Board issues mini- the U.S. Government Printing Office, Washington, In Brief mum guidelines for accessibility of new or DC 20402. Request document no. 869 -010 - 000 -96-1. remodeled structures. The Department of Make check or money order payable to The justice issues and enforces regulations. Superintendent of Documents. VISA or Master f Timetables for the issuance of regula- Card call 202/783 -3238. tions and for compliance vary from section to section in the ADA. In general, public The Western Virginia Research and Training accommodations provisions are effective Center offers the ADA on the Enable electronic January 26,1992, however, some exceptions bulletin board for downloading. Phone 304/766 - are detailed in the Act. 7842 for modem or 304/766 -7138 for voice. The Department of justice has ADA fact sheets available in print Braille large print on audiocas- sette, electronic bulletin board, 202/514 -6193 for Wel modem, and computer disc (IBM compatible only). £` Customer Contact the Civil Rights Division, U.S. Department <. of Justice, Box 66118, Washington, DC 20035. Phone: 202/514 -0301 (v) or 202/514 -0381 or 0383 "Every man, woman and child with a (tdd). disability now can pass through once- closed doors into a bright new era of 1 The American Printing House for the equality, independence and freedom." Blind (APH) has the ADA in large print, Braille, f on audiocassette, and on flexible disc. First copy President George Bush I is free. Contact APH, 1839 Frankfort Avenue, Louisville, KY 40206. Phone 502/895 -2405. The President's Committee on ��� �wvwry fhr4 Employment of People with Disabilities (PCEPD) has other ADA brochures and other information available in standard and large p rint, Braille , g P r r Revised March 1991 and on audiocassette. The President's Committee on Employment *U.S. GP0:1991- 5 21- 501i 20494 of People with Disabilities 1111 20th Street, NW Washington, DC 20036 202 -653 -5044 voice 202 -653 -5050 idd The President's Committee 202 - 653 -7386 fax on Employment of People with Disabilities 0 0 A Purpose: The purpose of the Americans The ADA says... with Disabilities Act (ADA), PL 101 -336, is ' to extend to people with disabilities civil rights similar to those now available on the "No individual shall be discriminated basis of race, color, national origin, sex and against on the basis of disability in the religion through the Civil Rights Act of full and equal enjoyment of the goods, 1964. It prohibits discrimination on the Open services, facilities, privileges, advan- basis of disability in: • private sector For tages, and accommodations of any place employment; • services rendered by state Ousiness of public accommodation. " and local governments; • places of public accommodation; • transportation; • telecommunications relay services. This brochure focuses on the rights — — customers and consumers with disabilities have when doing business with the private sector. Other provisions of the ADA are covered in other brochures in this series. Key Public Accommodations Provisions ✓ Public Accommodations such as ✓ Auxiliary aids and services are required unless the ✓New facilities must be accessible hotels, restaurants, theaters, stores, business can demonstrate undue hardship. unless structurally impracticable. offices, transit stations, museums, parks, schools, social service agencies ✓ Existing facilities: Barriers must be removed when ✓ Elevators need not be provided in and gyms must not discriminate against such removal can be accomplished without much buildings under three floors or with less Individuals with disabilities, difficulty or expense: If not, alternative methods of than 3000 square feet per floor, other making goods and services available must be in place. than in shopping centers and health care ✓ These provisions become effective buildings. January 26,1992. ✓ Altered facilities: Altered area must be accessible to the maximum extent feasible. In major structural ✓ Bona fide private clubs and religious ✓ Policies and practices must be alterations, a path of travel to the altered area and groups are not covered by these provi- changed in order to avoid discrimina- restrooms serving the altered area must be accessible. sions . tion. considered is ! rmnning whether an Documents an formation accommodatilb"ould cause an undue M- The ADA is availallt in print for $1.50 Q AIYlQY'1CdI1S 1th hardship include: i� from the U.S. Govern D1Sdb111t1QS Act ment Printing Office, the nature and cost of the accommoda- Washington, DC tion; 20402. Request In Brief document no. 869- " the resources and size of the business 010-0(X} -96-1. Make as a whole and of the facility making the check or money or- $ accommodation; der payable to The 'the type of business operation, including ° Superintendent of # the composition, functions and structure of Documents. VISA or t Master Card call 202/ the workforce; 783 -3238. # "the impact that the accommodation would have on the facility making it and The Western Vir- on the business as a whole. ginia Research and In general, a larger employer will be Training Center offers expected to make accommodations requir- the ADA on the ing greater effort or expense than a smaller Enable electronic bulletin board for "Every man, woman and child with a employer. downloading. Phone 304/766 -7842 for modem disability now can pass through once - Enforcement or 304/766 -7138 for voice. closed doors into a bright new era of independence and freedom." The Equal Employment Opportunity "" The Department of Justice has ADA fact equality, Commission (EEOC), the Federal agency sheets available in print, Braille, large print, on that regulates and enforces other employ- audiocassette, electronic bulletin board, 202/ President George Bush ment discrimination laws, is responsible for 514 -6193 for modem, and computer disc (IBM enforcing ADA employment provisions. compatible only). Contact the Civil Rights Division, U.S. Department of Justice, Box 66118, The Equal Employment Opportunity Washington, DC 20035. Phone: 202/514-0301 (v) Commission, 1801 L Street, NW or 202/514 -0381 or 0383 (tdd). varwr4 Washington, DC 20507 �� a. 1- 800/672 -3362 (v) or 1- 800/800 -3302 (tdd). The American Printing House for the Blind (APH) has the ADA in large print, Braille, N ; on audiocassette, and on Flexible disc. First copy _, o Revised March 1991 is free. Contact APH, 1839 Frankfort Avenue, Louisville, KY 40206. Phone 502/895 -2405. The President's Committee on Employment w' The President's Committee on of People with Disabilities Employment of People with Disabilities (PCEPD) 1111 20th Street, NW has other ADA brochures and other information Washington, DC 20036 available in standard and large print, Braille 202/653 -5044 voice and on audiocassette. The President's Committee 202/653 -5050 tdd on Employment of People 202/653 -7386 fax with Disabilities 0 0 0 Purpose: n - irpose of the Americans Some Key Defi� Vns ` with Disabil�Act ( ADA), PG 101 -336, is to extend to people with disabilities civil The term "disabilityars: . rights similar to those now available on the • a physical or mental impairment basis of race, color, national origin, sex and that substantially limits one or more religion through the Civil Rights Act of of the major life activities, for ex- 1964. It prohibits discrimination on the basis ample, walking, seeing, speaking or of disability in: • private sector employ- hearing; ment; • services rendered by state and •a record of such an impairment, for local governments; • places of public example, a person who has recov- accommodation • transportation; ered from cancer; • telecommunications relay services. "being regarded as having such an This brochure focuses on the employment impairment even when no limitations provisions of the ADA. Other provisions of exist, for example, a person who is ADA are covered in other brochures In this scarred from burns. series. , f The term "qualified Individual with a disability" means an individ- The ADA Says... ual with a disability who, with or without reasonable accommodation, No covered entity shall discriminate against "` a qualified individual with a disability can perform the essential functions of u individual employment position that such because of the disability of such ind vid ual individual holds or desires. in regard to job application procedures; the hiring, advancement, or discharge of ✓ ADA requires equal treatment in promotion The term "reasonable accommo- employees; employee compensation; job and benefits. dation " may include: training; and other terms, conditions, and ✓ ADA requires reasonable accommodation * making existing facilities used by privileges of employment. for applicants and workers with disabilities employees readily accessible to and Major Employment when such accommodations would not impose usable by individuals with disabili- "undue hardship." Reasonable accommodation ties; Provisions is a concept already familiar to and widely used • job restructuring, part-time or ✓ ADA requires equal opportunity in in today's workplace. modified work schedules, reassign - selection, testing and hiring of qualified ✓ Employers may require that an individual ment to a vacant position; applicants with disabilities. not pose a direct threat to the health and safety • acquisition or modification of ✓ ADA prohibits discrimination against of others. equipment or devices; workers with disabilities. This provision is ✓ Employers may not make pre - employment • appropriate adjustment or similar to the Civil Rights Act of 1964 and inquiries about an applicant's disability or modifications of examinations, Title V of the Rehabilitation Act of 1973. conduct pre - employment medical exams. They training materials or policies; Beginning in July 1992, it would apply to all may ask if applicants can perform specific job • the provision of qualified readers businesses employing 25 or more individu- functions and may condition a job offer on or interpreters; als and then in July 1994, to all employing 15 results of a medical exam, but only if the exam is " other similar accommodations or more. required for all entering employees in similar ✓ ADA employment provisions apply to jobs. The term "undue hardship" employers, employment agencies, labor ✓ Employers may conduct tests for illegal means an action requiring significant organizations, or joint labor- management drug use and prohibit all workplace use of difficulty or expense. Factors to be committees. illegal drugs and alcohol. CITY OF BROOKLYN CENTER Council Meeting Date April 13, 1992 Agenda item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LEGISLATIVE UPDATE DEPT. APPROVAL: Gerald G. Splinter, Vity Manager MANAGER'S RE W/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • The legislative session is approaching its scheduled end with many major items still left to be resolved. Addressing the budget problem and the bills which would accomplish this are still up in the air and I will have an oral update for the Council Monday evening. I have enclosed the League Bulletin updating cities on pending legislation affecting municipalities in Minnesota. I have also attached for your consideration a resolution which opposes a proposed redistricting of Metro Council member districts. I have attached materials regarding the proposed alternative districting plans for your review. Under the plan most favored by the Metro Council at this time Brooklyn Center would be separated from its traditional community of interest, which is the northwest suburbs. This proposed plan (plan #2) divides the northwest suburbs with communities such as Brooklyn Park, New Hope, Champlin, and Maple Grove separated from Brooklyn Center, Crystal and Robbinsdale. The attached resolution opposes the plan ( #2) which would split the northwest suburbs. RECOMMENDED CITY COUNCIL ACTION Pass /reject /modify proposed resolution. SENT BY: 4- 9 -92 9: 30AM METRO COUNCIL - 1 612 369 3494;T 3; g an Une _ Nllet Council DistTict5 o c 007 N Jj 1 006 nng o i a b 016 . U G� - ~ OR 015 012 013 i 014 002 001 [� nin SENT BY: 4- 9 -92 9: 30ANI METRO COUNCIL- 1 612 569 3494;# 4! 8 !port ,llamu ; District Populations .an Type Met Council .an name NlCONE ��strict Total Pop Abs Dev Dev Totall8+ Pon: .____- ___----- - - - --- t1 136,289 -6,609 -4.62 93,078 ?2 161,453 18,555 12.98 124,611 )3 127,362 . - 15,536 w10.87 103,277 14 151,962 9 064 6.34 112,721 15 145,305 2.407 1.68 '108,208 16 142,858 -40 -0.03 96,893 17 142,322 -576 -0,40 94,852 8 154,487 11,589 8.11 110,007 19 137,813 -5,085 -3.56 105,907 .0 140,077 - 2,821 -1.97 '98,666 .1 143,396 498 2 133,924 -8,974 0.35 100,363 -6.28 98,136 3 1.38, 311 --4, 587 -3.21 107,183 143,698 - 800 0.56 _ • 11.3 246 .5 141 :l 348 r 0,94 116 ' 6 1 145,388 2,490 1.74 111,193 .an .Total: 2,286,195^ ~1,694,681 Largest Positive Deviation is: 18,555 22.98 Percent gest Negative Deviation is: - 15,536 - -10.87 Percent Overall Rango .34,091 23.86 Percent SENT BY: =1- 9 -92 : 9:51 1:19 METRO COUNCIL- 1 612 369 3494;= 3/ 8 Plan TWO Met Council Districts % v h Q r) ru w F 013j,. b` ' 011 0�5 0161' 7 i . 008 J ❑ 005 C� --------------------- i - Q - SENT BY : 4- 3 -92 9 : 51 M : METRO COUNCIL- 1 612 569 3494;# 61 8 .pert Name : District Populations an Type : Met Council an name : MCTWO + i.str_ ict I Total, Poo Abs Dev � Dev : Tota118+ Pots: � + _ 143, 260 ----- + - - - -- 362 ----- +-- --- --- 0_25_• --- +------- - - - - -- 96,349 144,431 1,533 1.07 106,450 3 155,697 12,799 8.96 116,719 4 147,025 : 4,127 2.a9 202,416 5 140,765 -2,133 . -1.49 98,974 5 143,396- - 498 0.35 100,363 7 137,396 -5,502 - 3.85 93,307 8 142,716 --182 -0.13 99,416 9 143,635 737 0.52 106,828 0 136,622 -6,276 -4.39 100,030 1 135,613 -7 . -5.10 105,289 2 145,655 2,757 1.93 114, 647 3 143,320 422 0.30 117,959 4 154,206 11,308 7.91 118 5 149,215 6,317 4.42 120,311 n 122,142 - 20,756 : - 14.53 : 96,768 an Total. 2,286,195 1,694,681 -r r Largest Positive Deviation is: 12,799 8.96 Percent gest Negative Deviation is: - 20,756 - 14.53 Percent Overall Range 33,555 23.48 Percent SENT BY: 4- 9 -92 9:32 AM : METRO COUNCIL- 1 612 369 3494;" 7! 8 Fl ail 1 hre- M et C Distri 012 I 0 C' o Q 3 �. 009 00 002 01 ' '003 007 O06 i 0 16 ❑ 4 015 m EP U v SENT BY: 4- 9 -92 : 9 : 3'9 A.1I NIETRO COUNCIL - 1 612 365 3494;= 8! 8 !oort Name : District Populations Lan Type : Met Council Lan name : MCTHREE )istrict I Total Pop Abs Dev o Dev Total18+ Pop: --------_+------_ ------+-------------- +------------- +------- - - -- -- )1* 143,396 498 0.35 100,363" )2 135,659 -7,239 ; -5.07 98,391 )3 136,576 -6,322 -4.42 : 106,928 )4 ' 143,069 171 0.12 112,497 )3 142,639 -259 -0.18 114,216 )6 147,268 4,370 3.06 X1.6, 834 )7 147,406 4,508 3.15 118,515 18 142,198 --700 -0.49 99,364 )9 138,031 -4,867 -3.43 104,615 LO 143,763 . 865 0.61 112;187 L1 148,334. 5,436 3.80 101,953 L2 147,802 4,904 3.43 100,347 L3 143,021 123 : 0.09 108 L4 143,552 654 0.46 101,505 L5 140,765 -2,133 -1.49 98,974 L6 142,716 -182' -0.13 99,416 Lan Total: 2,286,195 - 1,694,681rr Largest Positive Deviation is: 5,436 3.80 Percent rgest Negative Deviation is: -7,239 -5.07 Percent avera].J. Range 12,675 8.87 Percent Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING BROOKLYN CENTER'S POSITION ON METRO COUNCIL REDISTRICTING WHEREAS, the City of Brooklyn Center has had a traditional and current working relationship on metropolitan issues with neighboring suburbs in the northwest metropolitan area; and WHEREAS, since its inception the Metro Council districts representing the northwest metro area have included as one district the northwestern suburban area; and WHEREAS, the City of Brooklyn Center is currently involved in joint efforts with the northwestern suburban area municipalities and the Metropolitan Council on housing and related issues. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL of the City of Brooklyn Center that the City supports any redistricting plan which maintains the northwest suburbs in a common Metro Council member district and it clearly opposes separating northwest suburbs into two or more Metro Council districts as is currently being proposed by the Metropolitan Council. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. League of Minnesota Cities Cities Bulletin Number 9 March 27,1992 Sales tax on city purchases is in House and Senate tax bills Bills contain levy limit repeal The state's 6.5 percent sales tax governments rather than just the local government sales tax as the would apply to local government cities, lesser of two evils compared to the purchasers, according to similar 0 It has only a seven -month impact governor's aid cut proposal, provided it omnibus tax bills in the House and during the current city budget contains the following conditions. Senate. Tax committee chairs, Repre- year, and Both bills meet the requirement sentative Paul Ogren and Senator & Some of the sales tax can be that there be no city aid cuts this year. Doug Johnson introduced the bills passed on through user charges, The House bill also meets another which would require local govern - special assessments, etc. requirement with four percent per year ° ments to pay the sales tax on the same Most cities estimated general fund aid growth in 1993 and 1994. The types of purchases on which businesses impacts of the sales tax much lower Senate bill at this time appears , and consumers pay sales taxes now than the governor's aid cut proposal. unsatisfactory because of LGA growth Purchases by school districts, The League's Legislative Coordi- of only two percent in 1993 and three government - operated hospitals and nating Committee, at a March 24 percent in 1994. nursing homes, as well as library meeting, expressed its preference for See Sales tax, page 8 purchases of publications, would be exempt. The sales tax would be effective June 1, 1992 and is estimated to yield $67 million in its first full House tax bill includes reimbursement year, the state's fiscal year 1993. The Legislature is proposing the for presidential primary local government sales tax as a replacement for the governor's pro- The House omnibus tax bill eliminated if legislators cannot agree posed $66 million per year cut in city includes provisions to reimburse on LGTF revenues and distribution. LGA. The League held extensive cities, counties, and townships for The League first learned of the reviews of the various proposals with the costs of conducting the presiden- proposal on Monday, March 23, city officials and constituent city tial primary on April 7. Funds to when copies of new tax language organizations. While city officials pay for the reimbursement would be were released at House Taxes strongly dislike the local government included in the local government Committee hearings. According to sales tax, most of them concluded that trust fund (LGTF). This provision is Joe Mansky, director of elections for the sales tax is the better of two very not in the Senate tax bill. the secretary of state, Representative bad options available. Compared to League policy supports state Joel Jacobs (DFL -Coon Rapids) the governor's proposal, the sales tax funding of these expenses rather than originally authored the reimburse - has three advantages: LGTF revenues. ment proposal and asked that it be • It spreads the budget impacts Proposals to help cities pay for added to the tax bill. across all non - school local the cost of the primary could be See Primary, page 8 The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative,0 administrative, and congressional ac- tions that affect cities. It also includes reviews of metropolitan area issues by C ontents the Association of Metropolitan Mu- nicipalities. 1 /Sales tax on city purchases is in House and Senate League legislative staff members are available to answer your questions con- tax bills cerning legislation relating to cities. 1 / House tax bill includes reimbursement for presidential primary arY The Bulletin lists League and AMM 3 / Sharing of penalty and interest revenues bill is dead authors of articles and bill summaries 3 / Cramer urges law to create recyclables markets by their initials. 4 / Legislative conference brings city officials, legislators, administrative officials together John Ainley —JA 6 / League conference concentrates on money issues Gayle Brodt - -GB 8 / Pay equity computer software update Tim Busse - -TB 9 / Americans with disabilities act Gary Carlson —GC 10 / Federal update Nicole Debevec - -ND BI / Bill summaries Jean Mehle Goad - -JMG S1 / Bill status report Sarah Hackett - -SH Inside Ann Higgins - -AH back Joel Jamnik - -JJ cover / Municipal ads Sherrie Le - -SL Stanley Peskar - -SP Roger Peterson - -RP D � onald A. Slater - -DAS John Tomlinson - -JT Peter Tritz - -PT Survey Reminder It is not too late to return the Power of Partnership survey sent to you in early March and to have your response included. Results of the survey will be reported at the League conference this June. Should Legislative mission statement you need a copy of the survey or other assistance The League of Minnesota Cities will vigorously represent the policy positions you can contact John Vinton at Hamline University and interests of its members before the (612) 641 -2858. Minnesota State Legislature in a positive and effective manner, characterized by timely, quality information provision and • policy advocacy. This representation will be based on greater LMC membership participation in the League's legislative program, which is to be facilitated by the League board and staff. League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 (612) 227 -5600 Fax (612) 221 -0986 Page 2 Printed on recycled paper LMC Cities Bulletin Sharing of penalty and interest revenues bill is dead Legislation to finally give cities law distributes one -half to counties and funding. Estimates showed that the their appropriate share of penalties and one -half to school districts. Cities state would have had to add approxi- interest on real and personal property receive only the penalties and interest mately $12 million to the school taxes will not be included in the final on the special assessments they financing budget for the redistribution tax bills. S.F. 2019 (Dave impose. of these revenues. In a tight budget Frederickson, Doug Johnson, An equitable sharing arrangement year for the state, legislators exclude Chmielewski, Duane Benson, and would, however, mean a substantial even this kind of valid, corrective Pariseau) and H.F. 2204 (Edgar Olson, loss of penalties and interest revenues legislation from consideration because Ogren, Sviggum, Dauner, and for counties and school districts. In of its cost. Dempsey) would have distributed the school aid formula, the loss of League policy (RS-4) supports penalties and interest to the taxing local property tax revenues (including equitable distribution of penalty and jurisdictions in the same proportion as penalties and interest) automatically interest revenues to cities. SH the taxes on which they apply. Current results in an equal increase in state Cramer urges law to create recyclables markets by SandyYamane Steve Cramer, Councilmember rising from $61 per ton in 1988 to products packaged in glass, plastics, from Minneapolis and Chair of NLC's $110 per ton last year. These costs now metal or paper packaging, to meet an Energy, Environment and Natural exceed the tipping fee at our incinera- annual recycling requirement. The Resources Steering Committee tor. During this same period, markets same utilization requirements would testified last week before Sen. Max have deteriorated:' be imposed upon products imported to Baucus (D-NM, chairman of the The cost disparity has become the United States. i Senate Subcommittee on Environmen- even more problematic as some cities Under the proposal, each company tal Protection. He urged the Senate to are forced to landfill separated would be responsible for ensuring that enact legislation that would create and materials due to lack of recycling a percentage of the company's contri- maintain markets for recyclables in markets to close the recycling loop. button to the waste stream is reused in cities. Compounding this problem is concern its own products or other products, and The hearing focused on a proposal for public health. Cramer noted that, not disposed. In closing, Cramer said, that would establish enforceable, but "regardless of public enthusiasm to "We need federal legislation to ensure flexible national recycling require - initiate and participate in efforts to that municipal recycling programs are ments to allow companies to reuse reduce the need for landfills and a productive investment in terms of recyclable materials without relying on incinerators, without markets for time, effort, and cost. We believe the minimum recycled content. recyclables, local officials cannot pending proposal, by assigning Cramer outlined the two major continue to warehouse garbage. It responsibility to specific large corpo- problems facing municipal recycling becomes a serious public health rations, will assure a measurable reuse programs: cost and the protection of problem." strategy and result in effective industry public health. The proposal before the Senate action." "Local governments currently face subcommittee would require any The Senate Subcommittee on high and rising costs to implement company with total annual receipts of Environmental Protection is expected recycling programs at a time when $50 million or greater that owns the to act on S. 976 soon, however, no many of our cities and towns are brand name of a product manufactured mark -up date has been set. struggling to make ends meet," he in the United States and distributes for Reprinted from Nation's Cities said. "In Minneapolis, we have seen retail sale in the United States, Weekly, March 9, 1992. rapidly escalating recycling costs, newsprint, printing or writing paper, or March 2°7, 1992 Printed on recycled paper Page 3 Legislative conference br city officials, legislators administrative officials together Y V More than 350 elected and � appointed city officials met in St. z q Paul for the 1992 LMC Legislative Conference. City officials used every opportunity to share individual " concerns and ideas. (Upper left) Jeanne Andre, assistant to the city manager of Golden Valley, and Carol w Johnson, city councilmember from Minneapolis used the time between sessions to discuss the issues of the } day. At the Capitol, city officials met with legislators and urged them to not ' use the local government trust fund - to balance the state's budget. (Lox•er left) City Administrator Bill Jokela of _. Sandstone button -holed Senator Janet Johnson (DFL -North Branch) and -� Julie Casey before the rally at the Capitol began. (Lower right) Coun- cilmember LeAnn Sargent of Maple Grove met with State Senator Patrick E McGowan (IR -Maple Grove). Photos by Tim Busse. in p i + \\ I f t 4k r i Page 4 Printed on recycled paper g LMC Cities Bulletin While the Legislative Confer - ence featured sessions on pay equity,; the environment, and annexation, the focus of the day was clearly on r • ' money matters. (Upper right) L Councilmember Ralph Zachman and '} ,•t P . City Administrator Phil Shealy of Bemidji react to the news that cities Will likely face either cuts in the local government trust fund or payment of state sales tax. n; (Middle right, left to right) Moorhead City Manager Jim N Antonen, and Councilmembers Leo Eldred and Mark Vbxland met between sessions to discuss city and jt state financial concerns. Under the governor's proposal, Moorhead r would lose more than $500,000 in state aid. (Lower right) Marsha Soucheray, councilmember from Shoreview -�.... talked with Commissioner Dorothy McClung of the Department of~��� Revenue after the morning session. McClung, and Commissioner John Gunyou of the Department of 1 i Finance spoke in defense of Gover- nor Carlson's controversial budget proposal. g . w C, 1r � �. 1 r ! r r : i y ..l March 27,1992 Printed on recycled paper Page 5 League conference concentrates on money issues Ways to blunt the effects of budget y ge administration staff. The governors taxing and spending decisions and the cuts to cities in order to make up chief -of -staff, John Riley, described state is responsible for mandated Minnesota's $569 million revenue the budget situation as a revenue programs and the associated costs. He shortfall dominated discussions at the collapse caused mainly by the deeper - concluded by suggesting that the next annual League of Minnesota Cities than - expected national recession. 10 years will not be pleasant because Legislative Conference, held in St. Riley described the governor's supple- governments at all levels have over - Paul on March 24. mental budget proposal as a difficult spent. GC Senate majority and minority but necessary step toward addressing leaders, Roger Moe (DFL- Erskine) and the budget imbalance. He stated that City officials review Duane Benson (IR- Lanesboro) the proposal involves no tax increases addressed the delegates in a morning and is as painless as possible while strategies on MVET state Capitol rotunda session, along maintaining and even expanding dedication, gas taxes, sales with John Riley, chief of staff and priority state programs. taxes federal bill spokesperson for Governor Arne Riley also mentioned the The announcement by Governor governor's support for health care and House Speaker Dee Long (DFL- workers' compensation reform Arne Carlson phased-in that he would support e d Minneapolis) and House Minority legislation as well as a crime and and sale tax on gas tax increase Leader Terry Dempsey (IR -New Ulm) violence bill during this session. and a sales tax n gasoline to be the rostrum at the conference's In addition, he indicated that the dedicated s of transit programs spurred noon luncheon, while Lt. Governor governor could support a transporta- discussions a transportation Joanell Dyrstad spoke at the afternoon tion bill that would include funding for funding Proposals ls t conference session. both highways and mass transit. session on transportati on. Fred "Don't Bust The Trust," was the However, legislation addressing these Corrigan, executive director of the theme for the meeting which referred issues would likely be contingent on a Minnesota Transportation Alliance to the League's attempts to maintain speedy and effective resolution to the (MTA), and Jack Nawrocki, president the integrity of the local government budget problem. of the Southern Minnesota Highway trust fund, established by legislative Senate Majority Leader Roger Improvement Association (SMHIA) action less than a year ago. Moe proclaimed the 1990s the De- also discussed the positions their Peter Solinger, LMC president and cade of Local Government " as he associations have taken on appropriate city councilmember from Rochester, outlined the need for a state and local and necessary transportation funding. addressed the delegation in the partnership to develop creative On Monday, March 23, Governor opening session citing that the Legisla- solutions to public needs in an environ- Carlson finally spoke publicly about ture will probably pass a 6.5 percent ment with limited public resources. his position on increased taxes for sales tax on local government pur- He criticized the governor's plan to cut transportation. He told the press that chases. See article ) y "the would support a gas tax increase of ( page 1 aid to cities b $6b million as the Most legislative leaders, including wrong direction for state policy." The one cent in 1992, another one cent in the governor's spokesperson, agreed Senate majority proposal to expand the 1993, and one cent in 1994. In that levy limits should be lifted, sales tax to local government pur- addition, Carlson said he would effective in 1993. This effort will help chases would be more equitable than support a two cent sales tax on cities solve their own funding prob- the governor's plan to cut only state gasoline purchases provided these lems, but news that the state may be aids paid to cities, he said. revenues are dedicated for transit facing a revenue shortfall of over $1 Citing the out -of- control federal p oses ' billion in the next biennium worries deficit, Senate Minority Leader Duane Corrigan said MTA strongly LMC officials that cities will be faced Benson suggested that all levels of supports S.E 1750 the constitutional with further budget cuts in 1993. JA government will be on a "new diet" dedication of motor vehicle excise tax from now on. He believes that the (MVET) revenues for transportation Riley, Moe, and Benson state's budget problem is not the result purposes linked with the passage of a of the recent economic recession but five cent gas tax increase. The bill address Capitol Rally caused by excessive spending. He does not begin to meet the $400 The LMC Legislative Conference believes the state needs to form a new million annual revenue shortfall that moved to the Capitol rotunda for a relationship with local governments the Transportation Study Board rally with legislative leadership and where locals are responsible for their reported in its 1991 study, but it would Page 6 Printed on recycled paper g LMC Cities Bulletin raise an additional $1.9 billion Lt. Gov. Dyrstad has Mortgage funds between 1992 and 1999. The bill would create a mobility suggestions for cities trust fund and a surface transportation Joanell Dyrstad commented that if available from fund. Creating separate funds recog- she weren't the lieutenant governor she nizes the inherent differences between would be sitting in the audience of the Minnesota moving systems for people and conference, and would probably be goods. The bill also includes bonding resistant to the governor's budget - authority for matching several federal balancing proposal. She urged the city Dousing demonstration projects in the state, and officials at the conference to focus on for township, county, and city bridge the most urgent priorities for cities and Finance Agency bonding. on taking leadership in addressing the Corrigan stressed the need for the state's budget shortfall. constitutional dedication of MVET in Dyrstad urged the League and Applications are now available order for MTA to continue to support member cities to evaluate the existing from the Minnesota Housing Finance the gas tax increase. MVET, a tax on local government aid (LGA) formula Agency (MHTAA) for the 1992 offering the vehicles which use the roads in the and "how it could better address the of the Minnesota City Participation state, is viewed by many as the most issues of fairness and need" and to Program (MCPP). Under the program, appropriate source of stable transporta- "come together with one voice" in eligible cities can access a set -aside of tion funding. He described how the support• a block of subsidized mortgage funds revenues from either the gas tax or a Referring to the recommendations in an amount ranging from $250,000 sales tax on gas are less predictable of the first report from the Dyrstad to $4 million. Funds are set aside for because of increasing conservation Commission on State and Local exclusive use of participating cities for efforts and more fuel- efficient ve- Relations, she encouraged cities to a six-month period. hicles. also focus their energies in these Flexibility is a key feature of the The Southern Minnesota Highway directions. She said positive, long- program, allowing cities to target Improvement Association (SMHIA) range changes in the areas of workers' funds to any area or population group, agrees with MTA on the dedication of compensation reform, review of other or to enhance the program with local MVET revenues for transportation, labor issues which reduce management contributions for better borrower based on the 1957 amendment to the flexibility such as the 67-day PELRA affordability state constitution. Legislative actions rule, prevailing wage redesign, and MHFA will also absorb all costs of to transfer MVET revenues to trans- levy limits repeal would benefit all bond issuance to fund the program and portation in the early 1980s, however, cities in the future. provide loan origination services fell flat. Nawrocki said that neither Dyrstad also said that both she and through local lenders currently the initial transfer efforts nor the 1987 the governor recognize that local participating in MHFA programs. promise of a transfer of 30 percent of governments need to have more input With the exception of the staff time MVET have occurred. The three cent on the front end of rule- making and necessary to administer city targeting, gas tax originally attached to the 1987 legislative initiatives. The state's participating cities incur no costs with MVET transfer proposal, is still in CORE (Commission on Reform and the MCPP. Cities must post a one effect. MVET transfer, however, is Efficiency) will be working on percent application fee, which is fully effectively zero. corrections to the rule- making process refunded upon sale of the sponsoring SMHIA supports S.F.1750, but and assessment of the roles, responsi- bond issue. only as a complete package. They fear bilities, and fiscal relationships Applications for MCPP funds will that, again, the Legislature will pass a between the state and local govern- be accepted between April 1 and 15, gas tax and will drop the transfer of ments. Cities too, should establish 1992 with the program starting date MVET funds. According to Nawrocki, such commissions, according to expected in early June. Interested the proposed gas tax increases "are a Dyrstad. metropolitan cities can contact far cry from the amount needed just to Because of the popularity of the MHFA's Homeownership Division 296 - maintain the current system of roads," cooperation/consolidation issue, 7613 for more information. Greater let alone the matching funds needed Dyrstad urged cities to "get the word Minnesota cities should call 1-800 - for the new federal transportation act. out about the shared services and joint 652 -9747 and ask for the "Home" Nawrocki said that after the 1992 powers which already exist among extension. legislative session, a new organization cities," and to pursue these opportuni- "MVET for highways" is likely to ties whenever possible. SH pursue a court challenge on the dedication of MVET. SH :March 27, 1992 Printed on recycled paper Page 7 Sales tax, continued from page 1 Pay equity League senior legislative represen- over 1,000 would need to publish ublisha tative John Tomlinson testified at the one - eighth page advertisement of the computer Senate Property Tax Division and the hearing only, with no additional House Tax Committee in accordance information on proposed and prior- software with the positions of the Legislative year levies. Local governments and Coordinating Committee. He stated the Department of Revenue have update the League preference for the sales tax argued that parcel- specific notices rather than the ' overnors proposal. g would be the P Po end result of the rocess However, he also expressed the P p great and should help promote attendance at Computer software which city disapproval of the bad options now hearings. . would allow cities and other before us. The House bill, however, has local governments to conduct All of these options involve a taken a major step backward in the self- evaluations of their person- major raid on the local government administration of this requirement.. It nel systems is in the final testing trust fund of about $67 million per proposes to include "general operating stage and will be available soon, year, plus less aid growth in the next budget" (proposed and prior year) in according to Linda Barton, biennium than originally expected. the newspaper ad in addition to commissioner of the Department Tomlinson said that the League will be proposed levy information. of Employee Relations (DOER). considering whether the 1/2 -cent Although House staff understand The software may be available to "local option" sales tax should be that the tendency for cities and school cities, for a nominal copying converted to a state tax and whether districts to share staff make a uniform charge, within a month. the local government trust fund should hearing night unworkable, that too is in Commissioner Barton, be repealed. the bill. speaking at the LMC Legislative One major piece of good news is Counties would all hold their Conference, also provided those that both the House and Senate tax hearing on the first Tuesday in Decem- in attendance with a general bills allow to stand the current -law ber, cities would hold their hearings on update on the department's repeal of levy limits. Since the the first Wednesday in December, and efforts to promulgate rules governor also supports the end of levy schools would hold hearings on the which are necessary imits it to review appears teary ew that cities will aPPe realize first Thursday in December. The the e implementation reports filed this long-standing goal. P g g League and cities will be working to by local governments at the end The Senate bill has much- reach a compromise between the of January. The Department improved language guiding the "truth House and Senate bills 1 pans to reinstitute rule — making in taxation process. With parcel- Both the Senate and House tax upon completion of a fiscal note specific notices beginning for all bills appear to be moving toward estimating the anticipated costs counties this year, the Senate has passage on Friday, March 27, with the of complying with the new rule. agreed with the League, the Associa- local government sales tax provisions JJ tion of Minnesota Counties, and the unchanged. Passage by the full Senate School Boards Association on modifi- and House and the start of the tax cation of the advertising requirement. conference committee are expected Under the Senate bill, all cities next week. JT Primary, continued from page 1 The bill appropriates nearly $2.5 * Election judge salaries (exclu- ' Compensation for temporary or million for the primary. Those sive of Social Security, Medicare overtime staff. revenues would be in addition to coverage); According to Mansky, counties current appropriations of $635,000 to * Absentee ballot postage costs; and cities could receive reimbursement the secretary of state for absentee * Polling place preparations for overtime or temporary ballot materials and printing of (transport supplies); e ersonnel to P g Paper trans rt of equipment, su lies • help cover additional personnel ballots. * Preparation of electronic or expenses incurred for conducting the The Secretary of State would lever voting equipment; primary , cap of $480,000 per `Com reimburse expenses of the following, , u p to a Compensation of county county or city. AH according to provisions contained in canvassing board members; current House tax proposal; Page 8 Printed on recycled paper LMC Cities Bulletin Americans with disabilities act Final videoconference on Americans with ADA sample notices disabilities act to be held April 21 Title II re re cities to inform the public of their rights and The State Department of Human are implemented. The videocon- protections under by the Americans with disabilities act. Cities with 50 or Services is hosting the final program ference consists of a live three -hour more employees must designate an of a three- session presentation on the video presentation followed by an hour ADA coordinator, from whom such Americans with disabilities act (ADA) of discussion with local experts. Formation should be available. on Thesday, April 21, from 12 Noon- Attendees will have the opportunity to Cities can also use the following 4:00 p.m., at the Human Services call in questions to presenters and sample notice to provide this informa- Department, 444 Lafayette Road, St. receive "on the air" replies. tion to the public: Paul, in the fifth floor conference On April 21, the topic will be room. "Enforcing the ADA at State and Local Sample notice The national videoconference Levels." "The City of does not program entitled "Opening All Doors: On site registration is available for discriminate on the basis of Understanding the Americans with those not already signed up, according disability in the admission or Disabilities Act" is designed to help to Joe Dotson, facilities coordinator access to, or treatment or employ - officials understand the important for the Human Services Department ment in, its programs or activi- provisions of the new law and will management services. The cost of ties." provide information about ADA each session is $125. Checks and enforcement. purchase orders are to be made out to: For cities with 50 or more Participants can query national "Opening All Doors;' P.O. Box 825, experts who understand federal Deerfield, Illinois 60015. AH employees: regulations and will oversee how they has been designated to coordinate compliance with the non- disc riminati on requirements contained in section 35.107 of the ADA featured in training session for law U.S. Department of Justice regulations. Information concern - enforcement and fire department officials mg the provisions of the Ameri- cans with disabilities act, and the A three -day seminar on the Minnesota has authorized credits for rights provided thereunder, are Americans with disabilities act will be attendance. available from the ADA coordina- held in Chicago on June 17 -19, for Discounts for hotel accommoda- tor." police and fire department officials. tions are available. United Airlines is Recruitment or publication The program is designed to deal with offering discounted air fares. The materials must also contain a state - issues that are likely to occur as cities seminar will be held at the Knicker- ment declaring that the city does not implement ADA requirements for bocker Hotel in Chicago, from 9:00 discriminate against disabled persons department training and hiring am. to 4:00 p.m., Wednesday and in employment or the provision of city procedures. Thursday, June 17 & 18, and from 9:00 services. The city may comply with Among the topics to be addressed am. to 12 Noon, on Friday, June 19. this requirement by including an insert will be physical fitness standards, Registration is $355 per person, or in existing publications or by revising agility tests, psychological testing for $225 per person if three or more and reprinting publications to include pre and post -hire personnel, reasonable people attend from the same city. su a statement. accommodations for employees with To register, contact the Labor disabilities, and changes in hiring Relations Information system in Sample statement procedures mandated by ADA. Portland, Oregon (P.O. Box 83068, "The City of does not POST and CLE credits are Portland, OR 97203) or call Seminar discriminate on the basis of race, available for the seminar on a state -by- Coordinator Debbie Fields at (503) color, national origin, religion, age or state basis. Call the seminar coordina- 621 -9720. AH disability in employment or the for (below) to determine if the State of provision of services" AH March 27,1992 Printed on recycled paper Page 9 F ederal update Police hill of rights worries cities House Crime and Criminal Justice be the prevailing standard for local law mandates would interefere with local subcommittee hearings on Thursday, enforcement agencies. police department personnel supervi- March 19, show that Congress may Few members of the subcommit- sion and internal investigation proce- again try to impose uniform federal tee actually attended the hearing. dures. Further, NLC is asking cities to standards on local police internal Those who did often left the room provide specific examples of proce- investigations and supervisory proce- during the meeting and, with few dures local police departments use dures to which police officers must exceptions, did not question those who when an officer is subject to question - respond. testified. ing that may lead to an internal Representative Charles Schumber The League is asking cities to investigation for misconduct. (D -NY), Chair of the House Judiciary demonstrate that there is no reason to One of the major issues that has subcommittee may try to resurrect the implement federal requirements for been raised is the circumstances in so-called "police bill of rights" conducting investigations that may which non - criminal internal investiga- proposals which the House Judiciary lead to disciplinary action against tions become examinations of possible Committee rejected only a few months police officers. It is important for criminal activities. Supporters of a ago. Representative Jim Ramstad (D- cities to draw up specific examples of federal approach argue that this is an MN -3CD) is a member of the subcom- how they are complying with current area requiring national uniform mittee and co- sponsored police bill of state law in this respect and to docu- protections for police officers who rights legislation during he 1991 ment how those requirements interfere may eventually be subject to criminal session. with effective management of the prosecution. Schumer announced last Thursday department. Please send us examples of (March 19) that he intends to seek a Representative Schumer appar- specific circumstances and procedures "compromise" approach. He rejected ently intends to pursue new legislation that address non - criminal internal arguments that state and local govern- or to incorporate provisions in legisla- investigations so that NLC can prepare ments have already addressed issues tion already introduced this session arguments on the implications of the related to due process and labor- (such as the Campbell -Biden legisla- proposed federal requirements. Please management concerns and that there is tion) or new legislation introduced by send information to Ann Higgins, no need for a federal mandate. He Representative Jim Moran (D -VA). federal/state liaison at the League also dismissed arguments that state The National League of Cities is office. AH laws, such as the one the Minnesota urging cities to prepare point -by -point Legislature enacted last year, should arguments of how such federal Reminder The League of Minnesota � Cities staff would like to Coming soon rA remind city officials to keep r� us informed, on an on -going basis, of any changes in Watch for your 1992 elected officials, clerks, City Products and Services Guide heads i n y or our c nt beads The Statewide Directory of This will help us keep our Goods and Services records up -to -date at all i Saves you time and money when shopping for services or products. times. Use the Guide and watch it work for your city. Thank you for your The League will mail cities the 1992 Guide in April. cooperation. Page 10 Printed on recycled paper LMC Cities Bulletin Bill Summaries Indicates League support or general conformance to League policies. '• Indicates League opposed bill Courts and crime research nuisance aquatic exotic impose a tax of up to two percent of Domestic abuse protection species such as zebra mussel, purple the gross receipts generated by S.F. 2224 (Ranum, Finn, loosestrife, and Eurasian milfoil in furnishing cable services within the Reichgott, Sams, J. Johnson) (Judi- public waters and wetlands. TB government boundaries. Local govern - ciary) would require that orders for ments would use the proceeds of the protection in domestic abuse cases be Creation of department of tax to pay for cable television public sent to the new local law enforcement environmental protection events programming. A city would agency when applicants move. The S.F. 2273 (Pogemiller) (Govern - have to adopt the tax by ordinance. SH bill would require community-based mental Operations) would create a domestic abuse advocacy and support department of environmental protec- Class rate reduction for services in every judicial district, and tion to assume the authority of the manufactured home parks would require all city and county Department of Natural Resources, the H.F. 2992 (Runbeck, Jacobs, attorneys to adopt domestic abuse Board of Water and Soil Resources, Morrison, Olsen, Bodahl) (Taxes) administration plans. The bill would the Office of Waste Management, and would reduce the class rate for also require law enforcement agencies the Pollution Control Agency. The bill manufactured homes to two percent to adopt policies for domestic abuse would abolish those agencies and (currently 2.2 percent for the first incidents. TB would set up a separate office of $72,000 of market value and 2.5 assistance and public advocacy. The percent for value above that amount). Economic development new department would also assume Effective for taxes payable in 1993 and some programs from the departments thereafter. SH Intergovernmental committee on of Agriculture, Health, Public Safety, economic development Trade and Economic Development, Sales tax exemption for recycling H.F. 2635 (Segal, Krueger, and Transportation, and from the facilities Winter) (Economic Development) Environmental Quality Board. TB S.F. 2355 (Solon, D.J. Johnson, would create a 25 -member Gustafson, Lessard, Chmielewski) intergovernmental planning and study Soil and water conservation (Taxes & Tax Laws) would place commission on economic develop- districts —local enforcement recycling facilities in a lower rate tax ment. Membership would include S.F. 2311 (Price, Morse, class, and would exempt construction members of the executive branch, DeCramer) (Environment & Natural materials used in recycling facilities legislators, higher education, busi- Resources) would authorize cities and from the state sales tax. TB nesses, and city and county organiza- counties to delegate authority to soil tions and governments. The commis- and water conservation districts to Tax credit for loaned private • sion would be charged with developing administer local phins; or controls. The interchange employees a framework for a strategic statewide bill would require a specific, written S.F. 2362 (Pappas) (Governmental economic development plan. The agreement of the authority delegated, Operations) would give income or Department of Administration would and would require the city or county to franchise tax credit for employment of provide staff and administrative reimbursement all district costs. TB private industry employees with state services. The commission would issue or local agencies. Necessary appro- a final report by March 15, 1993. Wetland protection act priation is unspecified. SH Necessary appropriation is unspeci- S.F. 2319 (Davis, Merriam, Moe, fied. SH Lessard, Renneke) (Environment & Cities to define special services Natural Resources) would make . S.F. 2590 (Pariseau, Bernhagen, Environment mostly technical corrections to the Halberg, Johnston) (Local Govern - Nuisance aquatic control 1991 wetlands protection act. TB meat) would allow cities with special appropriation service districts to define services S.F. 2238 (Morse, Merriam) Finance and taxation covered through an ordinance, rather (Environment & Natural Resources) Local tax on cable television than within the legislation authorizing would appropriate $166,000 in each of H.F. 2920 (Sarna) (Taxes) would the district (current law). SH the next two fiscal years to control and allow cities, counties, or towns to March 27,1992 Printed on recycled paper $ 1 Bill summaries continued General government nursing homes to use a separate fiscal attribute the publication to an indi- Clean indoor air act — definition of Year, would require public accountants vidual instead of the city or county. employer to forward city audits to the state TB H.F. 2984, H.F. 2985, & H.F. 2986 auditor, and would require audited (Brown) (Health & Human Services) financial statements for municipal Energy conservation liquor stores. Finally, bill would S.F. 2428 would all make identical changes in q X J. Johnson, Adkins, ( the state clean indoor air act. The bills require public employees and officers Marty) (Energy & Public Utilities) would change the definition of to report theft or embezzlement to the would require that energy efficient employer to include anyone employing state auditor. TB lighting be used for highways, streets, one or more persons, including and parking lots, and would establish political subdivisions. The bills would Regulation of building contractors minimum energy efficiency standards also no longer include private offices and remodelers for lamps, faucets, commercial as public places therefore allowing S.F. 2274 (Dahl) (Commerce) heating, and air conditioning. The bill smoking in private offices. The bill would identify eight special skills and would require continuing education for would bar smoking at the State would require a person offering two or licensed building contractors, Capitol, and would clarify the defini- more of those skills to obtain licensure remodelers, and specialty contractors. tion of restaurant to exclude bars. TB as a residential building contractor or TB remodeler. The special skills are Exceptions to contract interest limits excavation, masonry and concrete, Telecommunications S.F. 2170 (Morse) (Local Govern - carpentry, interior finishing, exterior S.F. 2450 (Chmielewski, Solon) ment) would allow local government finishing, drywall and plaster, roofing, (Governmental Operations) would officials to apply for loans or grants and general installation specialties. appropriate an unspecified amount of under programs developed by the local TB money to assist regional telecommuni- government agency and the housing cations development statewide using and redevelopment authority or other Fee for public data use the STARS Telecommunication jurisdiction. The HRA or other S.F. 2276 (Marty, Ranum) (Judi- system. The bill would provide money jurisdiction would administer the ciary) would allow a political subdivi- to the Northeast and Southeast STARS l program. The bill would also allow Sion, state agency, or statewide system regions for future installation and interested officials to vote on city to charge a market rate fee for provid- administration. TB franchise agreements or contracts with mg public data that will be used for l commercia purposes as art o f a Water supply Lion utilities for provision of city utility PtuTPo P PP Y service connection fee service TB mailing list or telephone solicitation. S.F. 2473 (Morse, Price, Davis, The bill would prevent the individual DeCramer, Neuville) (Health & Library records as private data release of data if a person objects to Human Services) would establish an S.F. 2180 (Dicklich) (Judiciary) the release of their name. TB annual fee for every water service would define library patron records as connection to a public water supply private data including information that Requirement of state residency owned or operated by a city, town, or would link a patron's name with S.F. 2288 (Vickerman) (Govern - water user service district. The bill materials requested or borrowed, or mental Operations) would require that would set standards for quarterly with a specific subject about which the employees of the state live in the state payments to the state, and would patron has requested information. TB of Minnesota. The bill would allow impose a five percent late fee on one year after formal notification for public water supply if payment is more Audits, city personnel, etc. employees to move to the state. TB than 30 days late. TB S.F. 2194 (Reichgott, Pogemiller) (Governmental Operations) would prohibiting photos in local Housing prohibit elected city officials from publications General obligation bonding for receiving monetary compensation for S.F. 2293 (Hughes) (Local HRAs unused vacation or sick leave, and Government) would prohibit the H.F. 2773 (Morrison, Dawkins, would prohibit officials or local Photos of elected or administrative t P Schreiber, Ogren, Clark) (Housing) government employees from using appearing city or g g officials from aearin in ci would allow housing and redevelop - public automobiles for private use. county publications. The bill would P P also prohibit any other pictorial or ment authorities to pledge general The bill would allow city-owned obligation of its general governmental graphic device that would tend to unit as additional security for bonds. B 2 Printed on recycled paper LMC Cities Bulletin Bill summaries continued Pledged revenues must equal or exceed employer premises during nonwork Itasca County: Economic 110 percent of the principal and hours. TB development special levy interest ter e due on the bonds. The ro sal p Po S.F. 2625 (Lessard) (Taxes &Tax would require local approval with Public safety Laws) would extend for another year public hearings. Issuance would be the authority for Itasca County to use a limited to the lesser of one percent of Fire sprinkler systems S.F. 2378 (Gustafson, Samuelson) special levy for economic development the taxable market value of the (Veterans & General Legislation) for taxes levied in 1992, payable in governmental unit or $5 million. SH would exempt automatic fire safety 1993. SH sprinkler systems sold for use in Personnel multifamily housing, hotels, and other Thief River Falls: Local sales tax Sexual harassment complaints lodgings from property tax assessment authority S.F. 2198 (Cohen) (Judiciary) and market value determination, and S.F. 2759 (Stumpf) (Taxes & Tax would prohibit employers from asking from the sales tax. The bill would Laws) would authorize Thief River employees if they have made or filed create a sprinkler system fund to Falls to impose a sales tax of up to sexual harassment complaints. The provide low- interest loans for retrofit- one -half percent and an excise tax of bill would also set the statute of ting such systems, and would authorize up to $20 per motor vehicle. The bill limitations on the filing of sexual state bonding for such a fund. TB would require the city to use all harassment complaints at two years. revenues to pay for the construction, TB Federal law enforcement authority operation, promotion, and develop - S.F. 2383 (McGowan, Spear) ment of a community revitalization protect known Firefighter supplemental benefits (Judiciary) would grant a federal law t the Area Recreation - S.F. 2300 (Morse, D.J. Johnson, enforcement officer the authority of Convention Facilities. Effective upon Stumpf, Bertram, Sams) ( Governmen- local peace officers when assigned to a council approval. SH tal Operations) would appropriate the special state or federal task force. The money necessary to fund state reim- bill would require a memorandum of Transportation in u. rsement to volunteer firefighter understanding to be written outlining Gas tax increase associations, up to a limit of $450,000 the agreement between law enforce- S.F. 2356 (Flynn, DeCramer, in fiscal years 1992 and 1993. The bill ment agencies, and would require the Belanger, Novak, Ranum) (Transporta- would reduce reimbursements propor- federal officer to work within the tion) would increase the gas tax by tionately if applications exceed the bounds of that memorandum. TB five cents per gallon with the revenues TB appropriation. available for expanded, non - highway Special legislation purposes. These uses would include Lawful activities during nonworking Hutchinson: Special service district transit programs, matching federal aid, hours authority alleviating congestion, improving air S.F. 2336 (Chmielewski) (Employ- S.F. 2444 (Bernhagen) (Local quality standards, conserving energy, ment) would include as an unfair labor Government) would authorize and reducing highway damage. practice by a public or private em- Hutchinson to create a special service Priorities would be given to transit ployer, any refusal to hire, discharge, district under general state authority. which moved the greatest number of or other discrimination due to lawful Effective upon adoption of local people. Effective May 1, 1992. SH activities of an employee off of ordinance. SH March 27, 1992 Printed on recycled paper B 3 10 D I R E C Tqwmw R Y OF MINNESOTA CITY OFFICIALS Available in February Price $25* The Directory contains: Directory Updates • Names of all city officials and department Updates to this directory will be available heads in Minnesota in May and September for the following • City hall street addresses and zip codes information: Names of mayors, managers, • Designation of Plan A and Plan B cities clerks, and councilmembers and city hall • Council meeting dates addresses, phone numbers, and fax numbers. • Telephone numbers of city hall or city The d purchase price includes the clerk, when available updates. • Populations from the 1990 federal census Please send changes to Laurie Audette, • Legislative and congressional districts LMC, 183 University Ave. E., St. Paul, MN ``55101 -2526. *Advance payment required. Discounts available for member city officials. Mail order form to Finance Department, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 Order form: 1992 Directory of Minnesota City Officials Name Number Title of copies at $25 Firm/State Department Member cities: 25% discount Address Subtotal City /State/Zip .065% sales tax Postage and handling (see chart at left) 1 Postage and handling If your order is between: $1.00 and $25.00 $1.50 Total enclosed $26.00 and $50.00 $3.00 $51.00 and $75.00 $4.50 Add sales tax if applicable multiply by .06S over $75.00 $6.00 (cities are exempt). Bill status Courts and crime Products containin g asbestos S.F. 1915 (Luther) No action taken. Equal Rigths Constitutional Amendment No House companion H.F. 1748 (Orfield) No action taken. No senate companion. Economic development Violent Crime Definition Neighborhood revitalization program funds H.F. 1803 (Bishop) On House floor. H.F. 2302 (Rice) On House floor. S.F. 1812 (J. Johnson) No action taken. S.F. 2314 (Kroening) On Senate floor. Penalties for Sex Offender Property tax exemption for industrial development district H.F. 1849 (Vellenga) No action taken. H.F. 2317 (Hasskamp) No action taken. S.F. 1687 (Spear) Rereferred to Finance Committee. S.F. 2225 (Samuelson) No action taken. DWI Conviction Job creation tax credits H.F. 1874 (Carruthers) No action taken. H.F. 2482 (K. Olson) No action taken. S.E 1709 (Cohen) No action taken. S.F. 2066 (Beckman) Rereferred to Tax Committee Community corrections *Manufacturing tax Increment financing districts H.F. 2036 (Hanson) No action taken. H.F. 2549 (Bauerly) No action taken. S.F. 2026 (Price) No action taken. S.F. 2335 (Davis) Rereferred to Tax Committee. Violence Prevention Advisory Council Elections H.F. 2070 (A. Johnson) No action taken. S.F. 1812 (J. Johnson) No action taken. Changing the voting age H.E 24 (Kahn) No action taken. Safe communities act of 1992 S.F. 808 (Pappas) No action taken. H.F. 2073 (Welker) No action taken. S.F. 1983 (McGowan) No action taken. Mail balloting for non -metro cities with less than 400 registered voters Criminal Justice Tracking System H.F. 1818 (Wenzel) Passed House. H.F. 2140 (Farrell) No action taken. S.F. 1668 (Samuelson) Passed Senate S.F. 1808 (Mondale) No action taken. Repeal of party preference indication in presidential primary Victim Restitution H.F. 1828 (Onnen) Returned to author. H.F. 2141 (Farrell) No action taken. S.F. 1744 (Adkins) No action taken. S.F. 1807 (Mondale) No action taken. Prohibiting campaign committee fund transfers Domestic abuse prosecution H.F. 1843 (O'Connor) On House floor. H.F. 2307 (Vellenga) No action taken. No Senate companion. S.F. 2133 (Reichgott) No action taken. Filling county elective offices by special election H.F. 1860 (Wenzel) On General Orders. Implied consent law S.F. 1638 (Samuelson) Passed Senate. H.F. 2574 (Carruthers) Rereferred to Appropriations Committee. Voter certification and balloting requirements for presidential S.F. 2730 (Marty) Returned to author. primary H.F. 1995 (Solberg) No action taken. Prosecution of misdemeanor offenses S.F. 2190 (Lessard) No action taken. H.F. 2597 (Bertram) No action taken. S.F. 2154 (Bertram) No action taken. Appointment of runner-up to fill vacancy H.F. 2169 (Janezich) No action taken. Parental notification S.F. 2090 (Dicklich) No action taken. ME 2604 (Bertram) No action taken. S.F. 1961 (Bertram) No action taken. Deadline for abolishing ward system H.F. 2535 (Uphus) On Consent Calendar. Juvenile offenders S.F. 2307 (D.E. Johnson) Passed Senate. S.F. 1850 (Kelly) No action taken. No House companion. LMC Cities Bulletin Printed on recycled paper S l Bill status continued Caucus fundraisers during legislative sessions Petroleum tank release cleanup account H.F. 2550 (Abrams) No action taken. H.F. 2267 (Steensma) On House floor. S.F. 2269 (Pariseau) No action taken. S.F. 2001 (DeCramer) Passed Senate. Year of election for Minneapolis school board Wetlands preservation appropriation. H.F. 2585 (Jefferson) Passed House. H.F.2172 (S. Nelson) No action taken. S.F. 2385 (Spear) Passed Senate. S.F. 2114 (Sams) Rereferred to Finance Committee. Campaign finance and lobbyist reporting State purchasing H.F. 2667 (Osthoff) No action taken. H.F. 2256 (Winter) No action taken. S.F. 2104 (Pogemiller) No action taken. No Senate companion. Transfer of campaign funds Solid waste facility processes S.F. 2077 (Berg) No action taken. H.F. 2321 (Rukavina) No action taken. No House companion S.F. 2135 (Dahl) No action taken. Environment Environmental rights act Pesticide Application in Surface Waters H.F. 2370 (Hanson) No action taken. H.F. 1970 (Trimble) No action taken. S.F. 2119 (Price) No action taken. S.F. 1779 (Knaak) No action taken. Contracts for solid waste collection services Water Conservation H.F. 2840 (Seaberg) No action taken. H.F. 1977 (Trimble) Rereferred to Appropriations S.F. 2708 (Halberg) No action taken. Committee. Public hearings prior to sanitary district formation S.E 1958 (Price) Rereferred to Finance Committee ME 2910 (Jennings) On House floor. Hazardous substance cleanup S.F. 2705 (J. Johnson) No action taken. H.F. 1985 (Wagenius) Rereferred to Appropriations Committee. Wetlands preservation appropriation S.F. 1866 (Mondale) Rereferred to Finance Committee. H.F. 2948 (McGuire) No action taken. S.F. 2114 (Sams) Rereferred to Finance Committee. Waste tires H.F. 1991 (Begich) Rereferred to Appropriations Recycled CFCs Committee. S.F. 1897 (Dahl) No action taken. S.F. 1829 (Dahl) Rereferred to Finance Committee. No House companion. Once - through cooling *Landfill cleanup fund *H.F. 2044 (Trimble) Chapter 366 S.F. 2638 (Morse) No action taken. S.F. 1830 (Novak) No House companion. Pesticide containers H.F. 2054 (Bertram) No action taken. Finance and taxation No Senate companion Mercury in solid waste Citizen budget advisory committee H.F. 2147 (Wagenius) On House floor. H.F. 1656 (Runbeck) Rereferred to Local Government S.F. 2042 (Dahl) No action taken. Committee. S.F. 1773 (Gustafson) Passed Senate. Waste management H.F. 2150 (Wagenius) Rereferred to Appropriations Use of Minneapolis sales tax revenues Committee. H.F. 1757 (Jefferson) Rereferred to Tax Committee S.F. 2199 (Merriam) No action taken. S.F. 1704 (Berglin) Rereferred to Education Committee Watershed districts Bond limitations 1i.F. 2320 (Peterson) On House floor. N.F. 1779 (Kahn) No action taken. t S.F. 2298 (Price) On Senate floor. S.F. 1714 (Merriam) Rereferred to Metropolitan Affairs Committee. Waste facility permit fees ME 2759 (Jennings) No action taken. Local government trust fund distribution S.F. 1933 (Morse) Rereferred to Finance Committee. H.F. 1789 (Schreiber) No action taken. No Senate companion S2 Primed on recycled paper March 27,1992 Bill status continued BondingBill Gambling H.F. 1808 (Frerichs) Failed on House floor. S.F. 1637 (D.E. Johnson) No action taken. Use of Gambling Proceed: Reduced penalties for late homestead taxes ME 1781 (Dauner) No action taken. H.F. 1836 (Gutknecht) No action taken. S.F. 1632 (Sams) No action taken. No Senate companion. Use of Gambling Proceeds Evaluation and assessment of vacant, platted property H.F. 1801 (Milbert) No action taken. H.E 1925 (McPherson) No action taken. S.E 1736 (Metzen) No action taken. No Senate Companion. Class E Bingo License State financial management reform H.F. 1930 (Kinkel) No action taken. H.F. 1987 (Dempsey) No action taken. S.F. 1765 (Finn) No action taken. S.F. 1988 (Merriam) No action taken. Video lottery machines Reduced penalties for late property tax payments H.F. 2627 (Ostholl) No action taken. H.F. 2079 (Hasskamp) No action taken. No Senate companion. S.F. 2052 (Samuelson) No action taken. Tax exempt construction materials General government H.E 2166 (Rest) No action taken. Historical Documents S.F. 2141 (J. Johnson) No action taken. H.F. 1755 (Orfield) No action taken. County tax anticipation certificates No Senate companion. H.F. 2196 (Dauner) Rereferred to Tax Committee. Bonding for Sewer Facilities S.F. 2139 (Larson) No action taken. H.F. 1778 (Orfield) On House floor. Uniform "truth in taxation" hearing date for counties S.F. 1656 (Mondale) No action taken. H.F. 2439 S. Nelson) ) No action taken. Joint Purchase of Malt Liquor S.F. 2403 (Frank) Rereferred to Tax Committee. H.F. 1796 (Thompson) No action taken. 1677 (Sams) No action taken. S.F. Paper recycling facilities —taze: H.F. 2440 (Ogren) Rereferred to Tax Committee. Conflict of Interest S.E 2355 (Solon) No action taken. H.F. 1825 (Bohdahl) Passed House. Limitations on governmental debt S.F. 1666 (Chmielewski) Passed Senate H.F. 2457 (Kahn) No action taken. Medical Assistance Increase No Senate companion. H.F. 1847 (Lourey) No action taken. 1613 (Samuelson) No action taken. S.F. Property evaluation freeze for elderly ME 2935 (Erhardt) No action taken. RDC Annual Audit No Senate companion. H.F. 1875 (Dille) On House floor. Government bond provision: S.F. 1761 (D.E. Johnson) No action taken. ME 2965 (Rest) No action taken. Limit on Compensation Plans for Local Elected Officials S.F. 2676 (Pogemiller) No action taken. H.F. 1885 (Boo) No action taken. S.F. 1728 (Gustafson) On House Floor. Tax exemption for nonprofit ice arenas H.F. 2974 (Smith) No action taken. Uniform Contract Laws S.F. 2711 (Olson) No action taken. H.F. 1900 (R. Johnson) No action taken. Local government trust fund distribution No Senate companion. S.F. 1664 (Doug Johnson) No action taken. Service charge for firefighting No House companion H.F. 1942 (R. Anderson) Returned to author. "Repeal of local option sales tax and local government trust No Senate companion. fund Schools in retail complexes S.F. 1769 (Bertram) No action taken. H.F. 1969 (Blatz) Passed House. No House companion S.F. 2175 (Belanger) On Senate floor. LMC Cities Bulletin Printed on recycled paper s3 Bill status continued Renewable packing material Accounting standards for state and local governments H.F. 1972 (Winter) No action taken. H.F. 2343 (Rest) On House floor. S.F. 1823 (J. Johnson) Rereferred to environment S.F. 2236 (Riveness) On Senate floor. committee Open meeting requirements Planning and zoning H.F. 2345 (Carruthers) On House floor. H.F. 1983 (Jennings) No action taken. S.F. 2573 (PogemilIer) No action taken. S.F. 1828 (Vickerman) Rereferred to Metropolitan Affairs Committee. Tanning facility requirements H.F. 2401 (Bodahl) No action taken. Resale of alcohol S.F. 2338 (Pappas) On Senate floor. H.F. 2103 (Blatz) On House floor. S.F. 2033 (Belanger) No action taken. Manufactured homes H.F. 2471 (Pellow) No action taken. Currency exchange S.F. 2456 (Pariseau) No action taken. H.F. 2106 (Trimble) Passed House. S.F. 1836 (Kelly) No action taken. State advertising contracts H.F. 2587 (Runbeck) On General Orders. Partition fences S.F. 2737 (Pariseau) No action taken. H.F. 2115 (Begich) Passed House. S.F. 2461 (Bertram) On Senate floor. Local support of regional libraries H.F. 2588 (Bauerly) No action taken. Data practices S.F. 2118 (Pappas) No action taken. H.F. 2181 (Carruthers) On House floor. S.F. 1974 (Ranum) No action taken. Municipal utilities surplus funds H.F. 2589 (Schreiber) No action taken. Licensing of sign contractors No Senate companion. H.F. 2208 (Janezich) No action taken. No Senate companion. Fuel funds H.F. 2643 (Dawkins) Rereferred to Appropriations Advertising Liquor Price: Committee. H.F. 2237 (Janezich) No action taken. S.F. 2692 (Piper) Rereferred to Rules and Administra S.F. 1746 (Dicklich) No action taken. tion Committee. Rural health initiatives Building contractor and remodeler regulations H.F. 2238 (Cooper) Rereferred to Appropriations H.F. 2653 (Bauerly) No action taken. Committee. No Senate companion. S.F. 2040 (Vickerman) No action taken. Electrical meter requirements Health care H.F. 2669 (Heir) No action taken. H.F. 2275 (Clark) No action taken. No Senate companion. S.F. 1868 (Pappas) Rereferred to Commerce Committee. Frequent flyer miles No Insurance for governor or Legislature until passage of H.F. 2677 (Haukoos) No action taken. health insurance reform bill S.F. 2592 (Neuville) No action taken. H.E 2276 (Smith) No action taken. S.F. 2138 (Johnston) No action taken. Exemptions from building contractor regulations H.F. 2748 (Sviggum) No action taken. Outdoor recreation bonding S.F. 2557 (Neuville) No action taken. H.F. 2378 (Osthoff) No action taken. S.F. 2047 (Luther) Rereferred to Environment and Health care access act Natural Resources Committee. H.F. 2800 (Ogren) Rereferred to Appropriations Committee. Licensing of plumbers S.F. 2603 (Berglin) Rereferred to Government Opera ME 2294 (Farrell) Rereferred to Government tions Committee. Operations Committee. S.F. 2641 (D.J. Johnson) No action taken. Winter burial H.F. 2877 (Lourey) No action taken. Government data requirements S.F. 1803 (Chmiclewski) Passed Senate. ME 2335 (Peterson) Rereferred to Appropriations Committee. S.F. 2699 (Riveness) No action taken. S4 Printed on recycled paper March 27, 1992 Bill status continued Stepped increase in benefit formula for coordinated plans Attorney general charges for legal services H.F. 1902 (R. Johnson) Rereferred to Appropriations H.F. 2897 (Brown) No action taken. Committee. No Senate companion. S.F. 1845 (Morse) No action taken. Public Pension Plans Limitations on mandates on schools H.F. 1966 (Welle) No action taken. H.F. 2929 (Waltman) No action taken. S.F. 1861 (D.E. Johnson) No action taken. S.F. 2632 (J.Benson) No action taken. Local relief association salary increase and yield assumption Creating a unicameral state legislature option S.F. 767 (Merriam) No action taken. H.F. 2014 (Reding) On House floor. No House companion. S.F. 2352 (Piper) On Senate floor. Limiting legislative terms Medical Benefit to Pensioners S.F. 916 (Gustafson) No action terms. H.F. 2019 (Reding) No action taken. No House companion. S.F. 1989 (Morse) No action taken. Residential builder licensing Interest Rate on Omitted and Recontributed Pension S.F. 2050 (Beckman) No action taken Contributions No House companion H.F. 2025 (Reding) On House floor. State contract: S.F. 1916 (Waldorf) On Senate floor. S.F. 2108 (Samuelson) No action taken. PERA Benefits No House companion. H.F. 2063 (O'Connor) Passed House. Housing S.F. 1819 (Dahl) On Senate floor. , Lead abatement Amortization Aid H.F. 1044 (Beard) H.F. 2287 (Jefferson) Placed on consent calendar. S.F. 1790 (Berglin) Chapter 293 S.F. 1970 (Waldorf, Morse) On House floor Leasehold cooperative requirements H.F. 2344 (Steensma) No action taken. Personnel S.F. 2228 (DeCramer) No action taken. Payroll deductions — employee funded health care Pensions and retirement H.F. 1753 (Onnen) No action taken. No Senate companion. PERA P & F fund H.F.1715 (Reding) No action taken. Employee access to personnel records No Senate companion. H.F. 1889 (Rukavina) Passed House. S.F. 1747 (Merriam) Rereferred to Judiciary Committee. Volunteer firefighters — ancillary benefits H.F. 1805 (Leppik) No action taken. Local government insurance coverage S.F. 2330 (Traub) No action taken. H.F. 1873 (Reding) On House floor. S.F. 1731 (Solon) Rereferred to Rules and Administration Employer paid health insurance for early retirees Committee. 11.F. 1868 (R. Johnson) Rereferred to Tax Committee. Ambulance service payroll division S.F. 2166 (Stumpf) No action taken. 1f.F. 2024 (Cooper) No action taken. S.F. 1940 (Morse) No action taken. Early retiree right to continue insurance coverage H.F. 1873 (Reding) On House floor. Rescue squad workers — workers compensation eligibility S.F. 1731 (Solon) Rereferred to Rules and Administra S.F. 2097 (Cooper) No action taken. S.F. 1941 (Morse) No action taken. Ambulance Service Longevity Awards H.F. 1895 (Cooper) Rereferred to Appropriations Employee indemnification Committee. S.F. 2134 (Dahl) Rereferred to Judiciary Committee. S.F. 1718 (D.J. ME 2703 (Ogren) Returned to author. Frederickson) Rereferred to Finance Committee. Parental leaves ME 2142 (A. Johnson) Passed House. S.F. 2393 (Piper) On Senate floor. LMC Cities Bulletin Printed on recycled paper SS Bill status continued Ramsey County: Jurisdictional transfer H.F. 2948 (McGuire) No action taken. Collection of parking violation fines No Senate companion H.F. 2248 (O'Connor) No action taken S.F. 1723 (Solon) No action taken.. Transportation **Towns eligible for MSA funds. Motorized bicycle operation H.F. 2301 (Stanius) No action taken. H.F. 1749 (Blatz) No action taken. S.F. 2267 ( Knaak) No action taken. S.F. 1629 (Belanger) No action taken. Railroad authorities Enforcement of disabled parking laws H.F. 2303 (Stanius) Returned to author. H.F. 1833 No Senate companion. (Wejcman) Passed House. S.F. 1674 (Pogemiller) On Senate floor. LRT bonding Impact of insufficient rail service, crossing signal H.F. 2304 (Mariam) No action taken. reimbursement S.F. 2145 (Kroening) On Senate floor. H.F. 2080 (Tunheim) Rereferred to Appropriations Constitutional Amendment Committee. S.F. 2062 r�ckerman) Rereferred to Finance Committee. H.F. 2605 (L n gse No action taken S.F.1750 (Langseth) Rereferred to Finance Committee. Transit facilities H.F. 2191 (Simoneau) Rereferred to Tax Committee. * *Constitutional amendment to allow towns to receive MSA S.F. 2144 (Merriam) Rereferred to Tax Committee. funds H.F. 2751 (Stanius) Returned to author. Traffic congestion reduction act S.F. 2415 (Knack) No action taken. H.F. 2219 (A. Johnson) Rereferred to Tax Committee. S.F. 1993 (Flynn) Rereferrred to Tax Committee. t LMC Cities Bulletin Printed on recycled paper S7 Local and Regional ��. Planning in Minnesota. Second edition By GUNNAR ISBERG This second edition of a highly regarded, comprehensive, assistance for planning commissions, and some sample practical book on all aspects of planning contains up -to- zoning forms. date information on state and federal laws in regard to land use, including zoning and subdivision regulation, com- Illustrations, examples, and "how to" suggestions can be munity development, housing, and related issues. found throughout the book. A glossary, list of references A completely new chapter emphasizes several specialized and an index add to its usefulness. topics p cs in the field of planning: resources; g staged Gunn g u ar Isber has worked in the public ecto • g p sector as a planner growth; rural areas, economic development; energy; historic at city and county levels and as an independent planning preservation; and orderly annexation. consultant. The Appendix contains model by -laws for planning com- Hard cover, loose - lease, approximately 250 pages. Price, missions, how to select a planning consultant, sources of $13.00 member city officials; $16.00 other purchasers. ORDER FORM To: Laurie Audette League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101 Please send me copies of Local and Regional Planning in Minnesota Name: City Position (where applicable): Address: f City: State: Zip Cod Advance payment requested ' Amount enclosed: $ 1300- $ League member officials $16.96 -Other Purchasers (includes $.96 sales tax) Local and 1 X Regional Planning in Minnesota Second edition By GUNNAR ISBERG This second edition of a highly regarded, comprehensive, assistance for planning commissions, and some sample Practical book on all aspects of planning contains up -to- zoning forms. date information on state and federal laws in regard to land use, including zoning and subdivision regulation, com- Illustrations, examples, and "how to" suggestions can be munity development, housing, and related issues. found throughout the book. A glossary, list of references A completely new chapter emphasizes several specialized and an index add to its usefulness. topics in the field of planning: natural resources; staged Gunnar Isberg has worked in the public sector as a planner growth; rural areas; economic development; energy; historic at ciry and county levels and as an independent planning preservation; and orderly annexation. consultant. The Appendix contains model by-laws for planning co m- f Y p g m Hard cover, loose lease, approximately 250 pages. Price, missions, how to select a planning consultant, sources of $13.00 member city officials; $16.00 other purchasers. ORDER FORM To: Laurie Audette League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101 Please send me copies of Local and Regional Planning in Minnesota Name: City Position (where applicable): Address: r City: State. Zip Cod Advance payment requested ' Amount enclosed: $ $13.00 - League member officials $ 16.96 -Other Purchasers (includes $.96 sales tax) Municipal ads Siunkipal ads are printed at no charge to member cities Ads rum L one issue o anless ■otice the sale of a 1962 International fate truck. The L received to run a second time. The Cities Bulletin Is published weekly during legislative truck will 34 sold n , t with a ssio International session and once a month during the interim, the time between sessions. Municipal ads will crew cab, 345 engine, axle, 1 1 00 0 five speed appear to the next available Cities Bulletin. Cities have the right to reject any or all bids on with a two wed rear axlle, 1100 gallon tank, !gym portable pump two hard suction hoses, top op equipment or proposals, and to waive any infortmintles therein. Minnesota cities are equal opportunity employers. rotating rod light, and a siren. For more information contact the city clerk (612) 367- 2140. Maynard reserves the right to reject any Positions experience as golf course supervisor, and and all bids BUILDING OFFICIAL. The City of experience in designing and following through RESCUE SQUAD. The City of Grand Montevideo is seeking proposals from indepen- with fairway and greens expansion. Responsibili- Rapids has for sale a 1983 GMC 4x4 one ton dent contractors interested in service as the city ties include all operations of the golf course rescue squad. It has under 10,000 mi., 8,000 lb. building official. Minimum qualifications include grounds and clubhouse including personnel and electric winch, aluminum body construction, 500 current Minnesota Class H building official budgets; and participating in equipment, greens, watt tele - lites, and is in excellent shape. Bid certification, Minnesota Class C drivers license, tees, and fairway maintenance. Applicants will be forms and complete specifications can be and experience is preferred. Responsibilities rated for training and experience on information obtained from City of Grand Rapids, City Hall. include enforcement of state and local building provided on the application. Preference points Grand Rapids, MN 55744 or by calling Greg codes, laws and ordinances, construction plan will be given to veteran a For a job description Taylor, Chief GRFD, (218) 326 -1843 (h) (218) review, inspections, permits issuance, and and an application contact Sue Cochran, City 326 -9687 (w). Available June 1992. monthly and annual reports. Hourly contract rate Hall, Box 600, Grand Marais, MN 55604, (218) STREET SWEEPER The City of Avon has range is 512.00 to $16.00 per hour, plus mileage. 387 -1848. For more information contact Frank for sale a 1954 model 450 Wayne pickup Anticipated hours per week are 16 to 24. Other Georg (218) 387 -1712. Application deadline is sweeper It is in working condition. S1,500. terms and conditions negotiable. Send letters of Wednesday, April I, 1992 at 4:30 p.m. EOE Contact the City of Avon at (612) 356 -7922. interest and resumes to Montevideo City Hall, UTILITY AND MAINTENANCE P.O. Box 676, 103 Canton Avenue, Montevideo, SUPERVISOR. The City of Argyle is seeking a }, VN 56265. Application deadline is 5:00 p.m on utility and maintenance supervisor. Responsibili- Telecommunicati ons Friday, April 3, 1992. For more information call lies will include supervising a two -man Mark Erickson at (612) 269 -6575. EEO /AA department Salary is open. For as application conference CITY MANAGER The City of Benson and a job description contact City Clerk, City of (population 3,300) located in west central Argyle, Box 288, Argyle, MN 56713. Application set for May Minnesota on U.S. Hwy. 12 on the banks of the deadline is Friday, April 17, 1992. EOE Chippewa River is seeking a city manager. The Intergovernmental Position reports to mayor and four-member For sale council elected at-large for four year term. The Information Systems Advisory mayor is elected every two years. Responsible for AMBULANCE The City of Perham has for Council (IISAC) is sponsoring a police, fire, public works (includes electric sale by bid a 1978 road rescue C -20 Chevy utility), mbulance. It has a 400 CID engine, 94,000 telecommunications conference on time and d 34 part -time employees. Total budget of tyengineering, and finance with 34 full- miles, and a 130 amp. alternator. Emergency May 7 -8, 1992 at the Northwest S3.8 with a general fund of $1.5 million, a utility wan! °g equipment will be removed if it is Inn in Brooklyn Park. fund of S 17 million, and liquor store fund of purchased by a non - emergency agency buyer It will provide information on + S700K Qualified candidates should have a B.A Sealed bids should be sent to Perham Area EMS, in public /business administration or related field 525 West Main Street, Perham, MN 56573. The current technologies, applications, plus five to seven years in responsible manage- ambulance is located at Perham Fire Station. To issues, and trends related to went osition, with look at it contact Fred Lehmkuhl at 346.7155 or telecommunications. p good knowledge in areas of Jeff Siebels at 346 -4500. Bids will be opened on economic development, econnomic omic development pen It will highlight four tracks financing, electric utility operations, and April 8, 1992 at 1 p.m at the Perham Fire intergovernmental cooperation. Starting salary is Station. We reserve the right to reject any or all and over 18 sessions, vendor 540,000 to $52,000. Send resume by April 17, bids. exhibit and reception, a pre - 1992 to Jim Brimeyer, The Britneyer Group FIRE TRUCK The City of Center City has conference workshop, and presen- Executive Search, One Tenth Avenue South, for sale on bids a 1965 GMC 4000 fire tations and updates on Statewide Hopkins, MN 55343. department tanker truck. It has a V6 gas engine wi ELECTRICAL LINEPE g an el The St th dual tanks; four -speed transmission; new Telecommunications Access and Routi Sy stem STARS James public utilities is seeking an electrical tires and rims; approximately a 2000 gallon g y ( STARS ). linepem. n. Requirements include completed capacity stainless steel oval tank with a manual The conference is for 8" side discharge (driver side); and comes electrical lineworker technical school or teleeommunieators from K -12 equivalent experience. Applications will be taken complete with lights siren and radio (if school districts hig education, ustil April 10, 1992. Salary is dependent on Purchased by a fire department). Bids will be '� qualifications. Applications are available from opened May 6, 1992 at 7:00 p.m. at the Center and technical colleges; libraries; City of St. James, P.O. Box 70, St. James, MN City fire hall. Bids must be put in a sealed and state agencies. 56081, (507) 375 -3241. envelope and marked in the lower left -hand For more information contact GOLF COURSE SUPEiRINTENDENT. The corner "bid for tanker truck." For more City of Grand Marais is accepting applications information and to send bids contact Center City Richard Spencer or Carol for a full -time year -round golf course supennten- Fire Department, P.O. Box 413, Center City, MN Sehoeneck at Government Training dent for the Gunflint Hills Golf Course. 55012. The city reserves the right to reject any or Service (GTS), (612) 222 -7409 or Requirements include having a Minnesota all bids pesticide license, a minimum oft6ree yea FIRE TRUCK The City of Maynard is (800) 652 -9719. 10 h accepting bids until April 3, 1992 at 4:30 p.m for Printed on recycled paper FIRST CLASS U.S. POSTAGE PAID St. Paul, IVIN 1.0 PERMIT NO. 3223 League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101-2526 Phone: 612-227-5600 FAX: 612-221-0986 The League of Minnesota Cities publishes the Legislative Bulletin weekl duri th Legislative session and monthly durin the interim, the time between sessions. Subscriptio members-$35; non-members- S50- Contact: Laurie Audette, League of Minnesota Cities. Donald Slater HA Executive Director Tim Busse Assistant Editor Jean Mehle Goad Editor League of Minnesota Where to get legislative information at the Capitol* Cities Legislative Staff Copies of bills Joel JanuUk House Chief Clerk's Office - 296-2314, Rm. 211, State Capitol Environment, personnel, public safety, Secretary of Senate's Office - 296-2343, Rm. 231, State Capitol general government John Tomlinson Bill status autho Taxes, finance , rs, Companion, committee referral (by bill number, Sarah Hacked author, or topic) Taxes, f inance , transportation House Index - 296-6646, Rm. 211, State Capitol Stanley Peskar Senate Index - 296-2887, Rm. 231 State Capitol Pensions, personnel, public saf Donald Slater Devel too Weekly committee schedules, bill Introductions, and summaries of Ann Mggins committee and floor action Federal legislation, elections, ethics House Information Office - 296-2146, 175 State Office Building Gary Carlson F-ance, taxes Senate Information Office - 296-0504, Rm. 231, State Capitol Mary Diedrich Legislative Secretar Recording of the following day's committee schedule and agenda, Julie Johns (after 4:30 p.m.) Legislative Secretary "House Call" (House Committee schedule) - 296-9283 Association of Metropolitan Senate Hotline (Senate committee schedule) - 296-8088 Municipalities Legislative Staff To reach a member on the House or Senate floor Vern Peterson House Sergeant at Arms - 296-4860 Executive Director Senate Page Desk - 296-4159 Roger Peterson Director of Legislative Affairs To notify the governor's office of your concerns Governor Arne Carlson - 296 -3391, Rm. 130, State Capitol •All addresses are St. Paul, MN 55155, all area codes 612 See Inside back cover for listing of legislators and their room and phone numbers at the Capitol. • CITY OF BROOKLYN CENTER Council Meeting Date 04 /13/92 Agenda Item Number� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: APPOINTMENT OF CITIZEN MEMBERS TO THE WATER MANAGEMENT PLAN TASK FORCE DEPT. APPROVAL: Sy Knapp, Dire of Public Works 99 41^ / MANAGER'S REVIEW/RECOMMENDATION. No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached At the January 27, 1992 Council meeting, the City Council approved a contract with Bonestroo, Rosene, Anderlik and Associates, Inc. (BRAA) for Engineering Services relating to the development of a water management plan for the City of Brooklyn Center. At that time staff also proposed that a Water Management Task Force be appointed, consisting of representatives from BRAA, City staff members and several citizen members. BRAA has now mobilized their staff for this study and has met with City staff members several times, primarily for the purpose of orienting BRAA staff with the City, and for information transfer. It is now appropriate to appoint citizen members of the task force. The primary functions of this task force are to meet with staff and the consultant to review information, to assist them in developing information, to provide review and comment to the analysis and recommendations of the consultant, and to assist in a prioritization process. In selecting citizen members, we believe it is important to try to assure a balance of representation from the various portions of the City which have the most significant water management issues — both storm water run -off and water quality; to have a balance of persons representing various philosophies regarding water management and environmental issues; and especially, to have conscientious members who are committed to the betterment of the community. Based on these criteria, we suggest appointment of the following persons (listed in alphabetical • order) to the Water Management Task Force. I have contacted each of them, and all have expressed a strong interest in serving on the task force if they are appointed by the City Council: John Kalligher - 5548 Girard Avenue Mr. Kalligher is an attorney, is a member of the Brooklyn Center school board, and is a member of the Earle Brown Neighborhood Housing Advisory Committee. Kristin Mann - 5415 East Twin Lake Boulevard Is member of the City Planning Commission and is president of the Twin Lake Association. Dan McGroarty - 6312 Orchard Avenue North Is a quality assurance inspector for A.D.C. Telecommunications. He lives in an area of the City in which a number of homes, including his, have experienced periodic flooding problems. During the past several years we have found him to be knowledgeable regarding flooding problems in his neighborhood and cooperative in our attempt to find solutions. Jon Perkins - 3719 72nd Avenue North Is a realtor and is a member of the Brooklyn Center Housing Commission. Timothy Teas - 7000 Regent Avenue North Is a science teacher and coaches football and basketball at the Osseo High School. He and his family have lived at this address for ll+ years. He expresses a strong interest in serving the community. If the Council approves the appointment of the citizen members to the task force at the 4/13/92 meeting, we will plan to have the first meeting of that task force, and a public informational meeting in late April. Note For the Council's information, copies of the attached questionnaire were sent to all property owners in the City. To date approximately 2,000 replies have been received. While the majority of those responses indicate a basic satisfaction with the City's water management system, approximately 600 submitted detailed, very meaningful, comments and information. Because of the volume of those replies, we have not yet completed a summary of these comments. While most of them reported problems which staff has been aware of, there were a number of "surprises ". Also, the responses indicate a substantial level of support for correcting problems in the storm drainage system, groundwater seepage into basements, flooding problems, surface water quality improvements, wetland protection, erosion control, and other environmental enhancements. We believe that detailed evaluation of these responses will provide the City with an • excellent basis for responding to citizen needs. • RECOMMENDED CITY COUNCIL ACTION Review and discuss ...... Approve appointment of citizen members, of the Water Management Task Force, by motion. • r NO POSTAGE City of Brooklyn Center NECESSARY 3[ 6301 Shingle Creek Parkway IF MAILED Brooklyn Center, MN 55430 IN THE UNITED STATES BUSINESS REPLY MAIL FIRST CLASS MAIL PERMIT NO. 16368 BROOKLYN CTR., MN POSTAGE WILL BE PAID BY ADDRESSEE CITY OF BROOKLYN CENTER ENGINEERING DEPARTMENT 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430 -9862 Dear Brooklyn Center Resident /Property Owner, In 1990, the Minnesota Legislature adopted amendments to the "Metropolitan Water Management Act" which require each city to develop a "Local Water Management Plan" in compliance with the Watershed Management plans which have been developed by the Shingle Creek and West Mississippi Watershed Management Commissions. Issues which this plan must deal with include runoff management, floodplain management, shoreland management, water quality management, erosion and sedimentation control, storm water treatment, wetlands management and ground water protection. In January, 1992, the Brooklyn Center City Council authorized development of a local water management plan to achieve compliance with the legislative requirements. To help City staff to identify existing problems and to understand your priorities, we ask that you respond to the enclosed questions. Your answers and your comments will be greatly appreciated. If you have questions, please contact the Engineering Department at 569 -3340. Please complete your response, refold and seal this self - mailer so that the return address is showing, and mail it to us no later than five days after receiving it. T yjvill pay the return mailing costs. Thank You G. G. SjVinter, City Manager �a E A e0 BULK RATE U S POSTAGE City of Brooklyn Center ' PERMIT ° NO. 6301 Shingle Creek Parkway y N N 21 70 Brooklyn Center, MN 55430 Y r I T _ � y 4 I Please read the message from City Manager G. G. Splinter on the other side of this form before you complete the questionnaire. 1. It is my impression that the City's storm drainage system in my neighborhood performs: (circle one) EXCELLENT ADEQUATE POOR Include comments in Item #3g (below). 2. During large storm events, flooding from lakes, streams or creeks in my neighborhood is: (circle one) NONE MINIMAL SIGNIFICANT SEVERE Include comments in Item #3g (below). 3. (Note: Answer these questions only if you believe there is a significant or severe problem with the storm drainage system or with surface water flooding in your neighborhood) a. I (we) have experienced or observed storm water flooding in (check all that apply) street and /or front yard backyard *If basement (or lower level) flooding occurs, the water comes from garage or outbuilding (check one) basement or lower level* ground water seepage into building other (describe) surface water flooding through doors, windows, etc. b. During or after large storms, flooding around my neighborhood is (circle one) NONE MINIMAL SIGNIFICANT EXTENSIVE (Include comments in Item #3g below) c. The flooding usually occurs in the (circle one) SPRING SUMMER FALL THROUGHOUT THE YEAR (Include comments in Item #3g below) d. The flooding or standing water in my neighborhood usually goes away (choose one) ALMOST IMMEDIATELY WITHIN 1 TO 6 HOURS WITHIN A DAY e. If you know what causes the flooding please comment: f. Do you have pictures showing the flooding which you would be willing to share with us? high water marks left on walls, poles, etc.? g. Detailed comments regarding any storm drainage and /or flooding problems: Do you know of any 4. Regarding Water Quality, Wetlands, Stormwater Treatment and /or Erosion and Sediment Control the following are existing or potential problems : (circle one or both) IN MY NEIGHBORHOOD and /or IN THE CITY AS A WHOLE Comments My suggestions for improvements: 5. Regarding Ground Water Contamination I am aware of the following existing or potential problems: (circle one or both) IN MY NEIGHBORHOOD and /or IN THE CITY AS A WHOLE. Comments My suggestions for improvements: Name MORE THAN A DAY (Include comments in #3g below) Phone Address CITY OF BROOKLYN CENTER Council Meeting Date 4/ 13/ 9 2 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM — Report on Earle Brown Bowl Outdoor Activities DEPT. APPR Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: r No comments to supplement this report Comments helow /attached �k�kaex�e�k�k�} e�k�K�k�k�k�R�k�k�M�k�k�kxyeacx�k��kye�k�k�k�k�k�k�k�k�kkk�k�k> k�F�k�k�k�KX�F>; e> k�kxxx�kxx�c! ex�exycxx�k��k�k�kM�Kx�k�k�k�k�k� !eRk�kK�k�f�k SUMMARY EXPLANATION: (supplemental sheets attached Last ear the City Council a pproved a special use permit for the Y Y pp p p Earle Brown Bowl to have an outdoor dining area and an outdoor volleyball court between May 1 and Labor Day. Condition No. 8 of that approval required the submission of a report regarding complaints on parking, drainage, noise or sanitation problems associated with the activity. If the outside activities constituted a nuisance, the special use permit could be terminated or modified for the upcoming year. The Earle Brown Bowl is requesting to be allowed to conduct the outdoor dining and outdoor volleyball operations during the same time frame and under the same conditions during the upcoming season as was granted in 1991. The request and a report on the activities was reviewed by the Planning Commission at its March 26, 1992 meeting. A copy of the minutes of that meeting, a memo from the planning staff, a letter from the applicant, a copy of the original conditions approved by the City Council at its June 10, 1991 meeting and a sales analysis which was submitted in 1991 are attached for the City Council's review. Recommendation As the report indicates, there were no parking, drainage, noise or sanitation problems associated with last year's use and the activities did not constitute a nuisance. Therefore, the Earle Brown Bowl should be allowed to continue their operation this year and in subsequent years provided they abide by the conditions set forth in the approval and the activities do not constitute a nuisance. The Planning Commission recommended approval for the continuance of the special use permit at its March 26, 1992 meeting subject to ,compliance with the original 11 conditions. voiced during the discussion. It was generally agreed among the Commission that they preferred a limit of 16 on group homes in multiple - family zones. Commissioner Mann suggested that there perhaps be a public hearing and invite the public and Human Services representatives to such a meeting. The Secretary stated that that could be done, but Chairperson Bernards stated that he did not think it would do any good and Commissioner Sherritt agreed with Chairperson Bernards. Commissioner Mann inquired as to the off - street parking requirements. The Secretary answered that a proof of parking was an option as long as the property had enough land to meet the parking requirements. The Secretary stated that numbers and concentrations seemed to be two items that need revision. He stated that he felt the City should get away from special use permits for such facilities. Commissioner Mann stated that a special use permit might keep some of these facilities out. Chairperson Bernards stated that a case could be made for intimidation if that is the objective of such a provision. The Secretary stated that the City could go either way, but that he would recommend doing away with special use permits since they only seem to add to the animosity between the parties. / OTHER BUSINESS Report on Earle Brown Bowl Outdoor Activities The Secretary briefly reviewed a memo regarding the Earle Brown Bowl activities. He stated that a special use permit had been granted in 1991 to allow outdoor dining and outdoor volleyball 0 during the off season. He stated that no complaints had been received although the outdoor dining did not take place last year. Commissioner Sander asked how a special use permit would be revoked and whether one had ever been revoked. The Secretary responded that special use permits have been revoked if they were in violation of the conditions of approval. The Secretary stated that the City staff would not bring back the special use permit for Earle Brown Bowl in the future unless there were problems with the conditions of approval. ACTION RECOMMENDING CONTINUANCE OF SPECIAL USE PERMIT FOR EARLE BROWN BOWL SUBJECT TO THE ORIGINAL CONDITIONS Motion by Commissioner Mann seconded by Commissioner Kalligher to recommend that the special use permit for outdoor activities at the Earle Brown Bowl be continued subject to the original conditions of approval. Voting in favor: Chairperson Bernards, Commissioner Mann, Sander, Holmes, Kalligher and Sherritt. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Mann seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:51 p.m. Chairperson 3 -26 -92 4 MEMORANDUM To: Brooklyn Center Planning Commission From: Planning Staff Re: Earle Brown Bowl Outdoor Activities Date: March 26, 1992 Last year, the Planning Commission and the City Council approved a special use permit for Earle Brown Bowl to conduct an outdoor volleyball league in their parking lot and to construct an outside deck for up to 50 dining seats with both activities operating during the months from May 1st through Labor Day. A condition of the special use permit approval was that complaints regarding these activities be monitored and a report on such complaints and on any parking, drainage, noise, or sanitation problems be submitted by April 1, 1992 to the Planning Commission and City Council. The purpose of this memo is to inform the Commission that no complaints regarding parking, drainage, noise, or sanitation associated with the outdoor volleyball league were received last year. We have checked with the Sanitarian, the City Engineer, and the Police Department and they report no problems. The outdoor dining area was never constructed. The only staff complaint regarding the volleyball activity was the temporary use of plastic banners reading "Budweiser" which constituted illegal signery. These were removed upon request. The applicant, in the person of Mark Bruer, has submitted a brief written request that the same activities approved in 1991 be allowed during the same period of 1992. The only difference this year is that the volleyball league will be run by the bowling alley rather than by Volleyworld as was the case last year. A copy of Mr. Bruer's request with sales data is attached for the Commission's review. We believe that this request is consistent with the special use permit approval of application #91009 and that there is no need to modify that approval in light of the operation's record of no complaints last year. We would ask that the Commission concur in our recommendation that the special use permit for outdoor eating and volleyball be continued, subject to the conditions of the original approval. i dNrNe UirNJwNN Fowl G44O James Circle N. Minneapolis, MN 55430 � 5GG-G25O March 20, 1992 � City of Brooklyn Center Mr. Ronald A. Warren Planning Commission Secretary 6301 Shingle Creek Parkway � Brooklyn Center, Minnesota 55430 Re: Earle Brown Bowl's request for outdoor � sand volleyball and the construction of � an outdoor temporary seasonal deck. Dear Mr. Warren: � Pursuant to our telephone conversation of last week, I am formally requesting approval from the Brooklyn Center City Council to allow Earle Brown Bowl to operate outdoor sand � volleyball leagues and to construct their outdoor patio � deck, again this summer. VOLLEYBALL LEAGUES The only change planned in the operation of the volleyball leagues for this summer is as follows: � In 1991 the volleyball leagues were organized and run by VolleyWorld. In 1992 Earle Brown Bowl intends to organize and operate the volleyball leagues for themselves. � All other areas of operation, including construction of the volleyball courts, lighting, location of the courts, will be exactly as outlined in Earle Brown Bowl's original � application, Planning Commission Application No. 91009. OUTDOOR PATIO DECK � The outdoor patio is planned exactly as outlined in Earle Brown Bowl's original application (same as above). � I understanding that before construction can begin a � building permit must be acquired and the health department needs to be contacted. � ar arle Brown UCW1 6440 James Circle N. - Minneapolis, MN 55430 566 -6250 Attached is a summary of Earle Brawn Bowl's monthly sales for their fiscal _years ending June 30, 1990 - 1992. Again, Earle Brown Bowl experienced a significant drop in sales during the summer. A review of the monthly sales for the fiscal year 190 - ' 91 shows the following: Comparing the two slowest summer months, July 1 90 and Jane 1 31, to the highest winter month, March 1 91, the following swing can be determined: TOTAL SALES Jul_, 1 90 $128 751 46% Decline in Total March 1 91 '237 SS5 Sales BOWLING SALES July 190 Open Dowling $10 League Bowling 2,773 - - - - - -- 80% Decline in $13,342 Bowling Sales March 1 91 Open Bowling $23 League Dowling 42,801 see, 18` June 1 91 Open Dowling $ 8,353 League Bowling 3,S45 82/ Decline in - - - - - -- Dowling Sales $12,108 As the above figures represent, Earle Brown Bowl experienced a significant drop in business during the summer months. With such a significant drop in business during the simmer months, parking should not be a problem. E arle Brown Bowl 6440 James Circle N. Minneapolis, MN 55430 566 -6250 If there is additic informatic-ri that is required befcfre the City Council meets, please cc-ritact rile. Sincerely, EARLE BROWN HOWL, INC. Mark E. Blr"Aer, Vice Pre i d ent c, c. James Madder Dave Koch Tim Etzler There was a motion by Councilmember Rosene and seconded by Councilrimember Scott to approve Planning Commission Application No. 91009 submitted by the Earle Brovm Bowl subject to the following conditions: 1. Construction plans for the deck are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Seating on the deck shall be limited to SO seats and service shall terminate not later than 10:30 p.m. 3. The outside deck and the volleyball courts may operate during the seasonal period when bowling leagues are not functioning between May 1 and Labor Day of each year. This permit shall be in effect only as long as the property is used as a bowling alley. 4. Volleyball play shall cease not Iater than 10:30 p.m. S. The applicant shall sweep the parking lot near the volleyball courts on a weekly basis to minimize the flow of sand into the storm sewer system. 6. The volleyball courts shall be placed on the site in a manner to minimize any disruption of parking and to avoid proximity to catch basins. 7. The applicant shall employ on the premises security personnel whose responsibility it shall be to prevent the consumption of food or liquor at the volleyball courts and to respond promptly to any noise complaints. 8. City staff shall monitor any complaints pertaining to the operation of the outside deck and /or volleyball courts during the first summer of operation. A report on such complaints and on any parking, drainage, noise or sanitation problems associated with either outdoor activity shall be submitted to the Planning Commission and City Council for their consideration not later than April 1, 1992. If the Council finds that any aspects of these outdoor activities constitutes a nuisance, it may terminate or modify this special use permit. Specifically, but without limiting the foregoing, this permit may be terminated or modified if the use proposed creates noise which, in the discretion of the CounciI, is deemed to be unreasonable or undesirable, or results in a shortage of available on -site .parking. The applicant has requested and agreed that this permit be granted on an experimental or trial basis for one summer only and shall be terminated no later than Labor Day, 1991, unless the permit is extended by the Council. But for this agreement, this permit would not be granted by the Council." 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 10. Alcoholic beverages may not be sold or consumed outside with the exception of the deck area. Consumption of alcoholic beverages is subject to regulations established by the Chief of Police, consistent with the provisions of Chapter 11 of the City - Ordinances. 11. Any noise coming from the deck or volleyball area constituting a nuisance shall be prohibited. The applicant and his representatives shall cooperate fully in complying with this directive and any others given by police or code enforcement personnel. The motion passed unanimouslv. 6110191 - 10 - '�' Pl T�t FJIRLE BROWN BOWL MM NKYSIS W". ALUM 89 %M 196" XLY 89 SEPTEMBER 89 IL70DER 89 NOVEMBER 89 DECEMBER 89 dRld1RRY 9D FEB PIJARY 90 MAY 90 90 MARCH 90 APRIL AK 90 TOTAL M Bxlw. $7,314.39 $8, 020.42 $12,019.15 $12,609-06 $13,678.77 $19,206.89 $22, 846.37 $20,986.89 S22,227.92 $16,051.84 $11,040.90 $9,261.94 1175, 264.44 LEME BOWLING $2,204.25 $5,384.72 $35,343.21 $42,6%.23 $49,506.56 $38,805.65 ",142,497.92 05,415.33 $49,618.25 $40,869.76 110,013.39 $7,591.92 $369,947.19 RENTAL $1,789.81 $3,122-92 $3,768.87 61 $2,643.89 $2,790.80 $3,466.75 $3,773.11 $3,562.26 $3,927.27 $2,841 .64 $2,238.68 $2,n FA $36 .25 $389 $731.97 $452.44 M.88 $1,163.07 $458.57 $455.92 $494.09 $349.22 $474.92 $35B. 12 $5,947.48 F MERC U $117 RE STAUR ANT /C AFE $8G, 417. 10 $85,718.84 $76,780.66 $70,991.37 M 957.04 , E $60,763.60 $71, 628: 18 $70,821.40 $78,081.24 $76,166.56 $81,497.09 $74,968.79 $76,122.21 LOLINGE-LIQUOR $17,831.67 $20,628.84 $23,842.95 $24,541.66 $27,616.07 $29,092.05 126,701.08 $27,301.31 133,134.42 $26,489.71 $20,901.14 $19,%&49 S291,647.39 BEER $19,044.38 $24,283.12 $30,960.14 $33,626.96 $32,549.03 $31,039.57 $33,751% $33,273.87 $39,666.59 $30,715.21 $23,236.07 $23,063.82 $255,212.72 POP /MISC. $1,230.94 $1,653. 83 $1,M.75 $2,063-35 $2,409.58 $2,266.44 $2,334.34 $2, 2W. 9A $2,670.00 $1,951.27 $1,051.27 $1,316.75 $a, 204.46 PINBALL $346.65 $1,736.40 $1,875.50 $1,683.60 $1,850.45 $2,518.35 $2160.35 $2,534.95 11,633.50 $1 805. 20 20 $1,857.15 $1,527.70 $21,529.80 VENDING $4,211.46 $6,153-58 $6,193.11 $7,919.58 $8,170.19 $7,091.04 ,$9,566.75 $8,637.26 $9,551.29 $12,706.79 $4,688.07 $4,548.07 $89,437.19 BALL QBM 31.00) $0.00 $0.00 060-00) 04.751 $0.00 1 42.001 $0.00 $67.75 PUP $0.00 so.Do $783.37 TELEPWE REVENUE $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LOTTERY REVENUE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 RUTAB REVUE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 miscaiAwow $671.49 $1,334.99 $1,264.15 $1,282.25 $1,614.87 $2,617.88 $1,168.01 $1,269.27 $6,064.30 $5,223.82 $1,079.61 $1,707.69 $25,298.33 TOTAL' $115,524.89 $144,336.03 $188,816.20 $207,540.26 $216,851.01 $218,764.78 $220,227.25 $221,820.21 $255,472.48 $224,729.30 $153,361.86 $142,973.98 $2,310,418.25 mn 1990-91 JILY 90 "M 90 SEPTEMBER 90 OCTOBER 90 NOVEMBER 90 DECEMBER 90 JANUARY 91 FEBUM 91 MARCH 91 APRIL 91 MAY 91 iff 91 TOTAL OPEN BOWLING 110,564.43 $10,018.56 $12,138.86 $13,782-79 $18,487.35 $19,939.34 116,085.40 $17, $23,381.03 $13, $8,279.% $8,352.68 $172,043.09 LEAGUE BOWLING $2,778.30 $3,970.19 $35,650.05 $42,660.98 $37,891.63 $33,976.04 $50,601.18 $43,69.37 $42,800.81 $27,499.39 $4,743.87 $3, 844.58 $330,083.39 RENTAL $2,621.% $2,779.25 $3,334.08 $2,756.37 $2, 866.39 $2,874.06 $2,350.66 $2,368.63 $3,511.20 $1, %1. 11,715.09 $1, 633.02 $30,772.55 MERCHANDISE $494.20 $431.07 $908.81 $548.77 $502.58 s1 $492.46 $386.65 $739.03 $237.49 5444.77 5530.06 56,795.95 RESTAURANT /CAFE $67,840.60 $71,680.46 $70,634.91 $65,521.74 $70,297.26 $75,191.18 $71,200.09 $68 , 82 $85,052,28 $74,326.58 $69,098.73 $69,C66.94 $858 740.47 LOUNGE-LIQUOR $17,278.57 $19, $24,570.78 $27,845.69 $26,585.84 $24,459.41 $25,118.90 $24,214.76 $28,725.20 $27,031.77 $19,942.17 $17,603.80 $282,9 BEER $18,926.27 $23,267.83 $24,553.73 $6,671.28 $27,224.19 $25,047.19 131,0`.,6.60 $31,332.29 $38,459.22 $32,769.82 $2 $22,809. $325, 309.13 POP/Kim $1,038.16 $1,175.52 $1,568.12 $1,778.39 $1,859.91 $1,827.22 $2,115.14 $1,817.08 $2,083.03 $ 1, & 61 $1,339.76 $1,313.54 $19,541.48 PINBALL $1,712.00 $1,821.45 $1,292.95 $1,819.75 $2,551.60 $1,266.80 $3,241.85 $1,648.50 $2,652.40 $1,359.65 $1,090.90 $1,003.20 $21,461.05 VENDING $4,770.26 S4,%4.81 $6,096.18 $7,538.35 $7,191.79 $6,998.58 $8,805.51 $8, $9,311.08 $7,485.81 $4,320.21 S4,032-92 $79,980.31 BALL aMER 33,77) ($0.71) $0.00 $0.00 $140.58 $0.00 $0.00 $0.00 $oloo $0.00 $0.00 $0.00 $136.10 TELEPHONE REVENUE $0.00 $64.72 $34.25 $0.00 $102.64 $54-02 $61.48 $0.00 $123.44 $0.00 $0.00 $0.00 $440.55 LOTTERY REVENUE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PULLTAB REVENtE 10.00 $0.00 $0.00 $0.00 $600.00 $0.00 $0.00 $600.00 $0.00 $0.00 $0.00 $0.00 11,200.00 MISCELLANEOUS $730.00 $709.99 $957.20 $2,682.66 $841.75 $912.50 1703.25 $1,021.00 $846. $453.25 $454.75 $695.70 111,008.30 TOTAL $128,750.98 $140,46250 $181,739.92 $192,606.77 $197,143.51 $193,626.38 $211,832.52 $201,376.73 $237,684.97 $188,736.% $135,621.15 $130,886.23 $2,140,468.62 Mn 1991-% JULY 91 ft9JST 91 SEPTEMBER 91 OCTOBER 91 HOVEI'MER 91 DECEMBER 91 JANUARY 92 FEBRUARY 92 MARCH 92 APRIL 92 MAY 92 JUNE 92 TOTAL OPEN BOWLING $9,%8.50 $10,481.27 $11,067.39 $11,180.96 $18,166.18 $19,294.79 580,159,09 LEAGUE BOWLING $1,218.31 $2,604.84 $34,453.29 139,470.35 $34,326.38 $33,855.77 $145,92 RENTAL $1,900.61 $3,923.80 $3,187.18 $2,283.57 $2,842.72 $2,951.49 $17,069.37 MERCHANDISE $%4.61 $346.37 $625.47 $933.58 $439.11 $926.38 $3, 835. 52 RESTAURANT /CAFE $59,006.44 $74,266.28 $72,270.75 $72,528.13 $75,675.89 $81,788.76 $435,536.25 LUJU-LIQUOR $16,564.81 $21,231.57 $22,986.75 $24,114.52 $22,513.41 $27,526.37 $134,937.43 DER $19,260.67 $24, $24,616.61 $26,889.41 $23,952.71 $22,924.38 $142,041.60 POP/Misc. $924.27 11,425.% $1,566.38 $1,863.71 S1,507.98 $1,658.31 $8,946.61 PINBALL $1,328.20 13,064.95 $1,419.29 $1, $1,330.40 $2,225.65 $10,791.39 VENDING $4,683.55 $6,555.34 $6,658.92 $6,848.45 $6,327.61 $6,985.80 $38,059.67 DAL alltER $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TELEP101E REVENUE $59.24 $46.28 $0.00 $84.44 $49.84 $68.43 $308.23 LOTTERY REVUE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PLLLTAB FEWNIX $0.00 $600.00 $0.00 $600.00 $600.00 $600.00 $2,400.00 MISCalMOW* $7`.,6,64 $793.75 $606.00 $651.75 $805.50 1745,50 $4,3590 TOTAL $116,23 $149,738.23 $179,458.03 $1 S188,537.73 $201,551.63 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 26, 1992 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Interim Chairperson Wallace Bernards at 7:30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Mark Holmes, Barbara Kalligher and Jill Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioner Johnson was still on vacation and was excused. APPROVAL OF MINUTES - MARCH 12 1992 Motion by Commissioner Mann seconded by Commissioner Sherritt to approve the minutes of the March 12, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. Not voting: Commissioner Kalligher. The motion passed. DISCUSSION ITEM - GROUP HOME ORDINANCE Following the Chairperson's explanation, the Secretary introduced a discussion item regarding a Draft Group Home Ordinance. He briefly introduced the ordinance and an accompanying memo from the Planner. He also referred to the study by Resolution, Inc. which provided much of the basis for the ordinance. He explained that a state licensed residential facility with six or fewer clients is a permitted single - family use of property under State law. He added that State Statute defines a residential facility with 7 to 16 clients as a permitted multiple- family use of property. He stated that Cities can classify such homes as a special use, but only for the purpose of assuring proper maintenance of the facility and that the conditions imposed can be no more restrictive than those imposed on other residential uses of property. He stated that public hearings for a special use permit bring out neighborhood fears regarding property values and safety. He added that questions raised at such hearings are generally about the operation of the program over which the City has no control more than the land use issues which it can control. He stated that the Resolution, Inc. study recommended that group homes of a certain size be allowed as a permitted use. He noted that he would recommend that the draft ordinance be revised to limit the number of clients to 16 in multiple- family zones as a permitted use. He stated that the effect of such a limitation might be that there 3 -26 -92 1 would be lobbying to raise the number to more than 16 at the State Legislature. He pointed out that the draft ordinance %riould create public institutional residential (PIR) zones for institutional uses. He stated that although no land in the City would necessarily have to be set aside for such uses to begin with, it would be available should an applicant seek a group living unit with more than 16 clients. Commissioner Mann asked whether an abutment restriction could be added in the R4 through R7 districts so that group homes could not abut R1 property. The Secretary stated that he was not sure if there were many R4 through R7 properties that don't abut R1 except on the west side of Humboldt between 65th and 69th Avenue North. He pointed out that the multiple - family zones are transitional zones between R1 and more intense commercial zones. In response to another question from Commissioner Mann, the Secretary stated that R1 abutment relates to property value concerns and that the City had commissioned a study which showed that there was not significant impact on property values as a result of group homes locating in residential neighborhoods. Commissioner Bernards asked whether the City was reinventing the wheel or whether there are other models of this type of ordinance to look at. The Secretary stated that the City was not totally unique in developing an ordinance relating to group care facilities. He stated that the statutes which govern this issue are the same for other cities as well as for Brooklyn Center. He stated that the State law mandates that group homes be allowed in residential areas and defines residential facilities as no different than a typical multiple family use. Commissioner Holmes asked how the draft ordinance would affect the Bill Kelly House. The Secretary answered that the ordinance would allow up to 16 clients as a permitted use. A Mr. Wiley, a resident near Upper Twin Lake, showed the Secretary an ad for the home at 5701 June Avenue North which advertised the possibility of a group home. There followed a brief discussion of group homes in single - family homes. The Secretary explained that no more than six clients could be allowed in a single- family home. Mr. Wiley asked whether a license would be required. The Secretary stated that Hennepin County licenses group homes under State authority. He stated that the City requires a rental license unless the facility is owner occupied. He explained that the State regulates the program, not the City. Commissioner Mann stated that the ordinance is looking at land use concerns; and she asked whether the ordinance could also look at something like a success rate for a particular type of program. The Secretary answered that the licensing authority governs that 3 -26 -92 2 I issue and that the City has no control over staffing, programs, specifics, or success rate, etc. In response to another question from Commissioner Mann regarding halfway houses, the Secretary stated that they would only be allowed in the PIP, zones. He explained the definition of a residential facility includes facilities licensed by the Department of Human Services, not the Department of Corrections. Chairperson Bernards asked about the issue of saturation, when is enough, enough. The Secretary answered that there are spacing standards in State law that require group homes to be 1320 ft. apart. Chairperson Bernards asked whether it would be possible to have a cluster of group omes. The Secretary answered that the p y central cities have this problem. He stated that State law has been instituted to try to deconcentrate group homes. He stated that a provision on separation could be added to the ordinance if desired. He stated that the concern of the City should be that it not have to accommodate more than its fair share of such facilities. Commissioner Sherritt asked how many group homes the City has. The Secretary stated that there is Northwest Residence and Welcome Community Home and a number of smaller facilities. Commissioner Sherritt asked whether the County had not come out with guidelines about the concentration of group homes and stated that perhaps the City should take the initiative in finding locations for group home facilities. The Secretary agreed, but stated that when the City begins to steer such facilities to a certain location, it would get public reaction from people in that neighborhood. Commissioner Sherritt asked what kind of facilities the City would have to have. The Secretary answered that at first they only counted larger facilities and expected each community to have up to 1/20 of their population in such facilities. He stated that they now count smaller facilities, but require that to of the population be the ceiling for such populations. Chairperson Bernards asked what was the property tax status of group homes. The Secretary stated that they might be exempt although he was not certain. Commissioner Sherritt stated that it depended on if they were nonprofit agencies or not. She stated that the Bill Kelly House had to pay taxes, but were reimbursed for them. The Secretary asked the Commission how the matter should be moved along. He stated that it would be good to have an ordinance on the books before the next rou o . g home comes before the City. Y Commissioner Mann asked where a nursing home would fit under the ordinance. The Secretary answered that it would have to be located in an institutional or a commercial zone. Chairperson Bernards identified abutment and concentration as two issues that had been 3 -26 -92 3 y voiced during the discussion. It was generally agreed among the Commission that they preferred a limit of 16 on group homes in multiple - family zones. Commissioner Mann suggested that there perhaps be a public hearing and invite the public and Human Services representatives to such a meeting. The Secretary stated that that could be done, but Chairperson Bernards stated that he did not think it would do any good and Commissioner Sherritt agreed with Chairperson Bernards. Commissioner Mann inquired as to the off - street parking requirements. The Secretary answered that a proof of parking was an option as long as the property had enough land to meet the parking requirements. The Secretary stated that numbers and concentrations seemed to be two items that need revision. He stated that he felt the City should get away from special use permits for such facilities. Commissioner Mann stated that a special use permit might keep some of these facilities out. Chairperson Bernards stated that a case could be made for intimidation if that is the objective of such a provision. The Secretary stated that the City could go either way, but that he would recommend doing away with special use permits since they only seem to add to the animosity between the parties. OTHER BUSINESS Report on Earle Brown Bowl Outdoor Activities The Secretary briefly reviewed a memo regarding the Earle Brown Bowl activities. He stated that a special use permit had been granted in 1991 to allow outdoor dining and outdoor volleyball during the off season. He stated that no complaints had been received although the outdoor dining did not take place last year. Commissioner Sander asked how a special use permit would be revoked and whether one had ever been revoked. The Secretary responded that special use permits have been revoked if they were in violation of the conditions of approval. The Secretary stated that the City staff would not bring back the special use permit for Earle Brown Bowl in the future unless there were problems with the conditions of approval. ACTION RECOMMENDING CONTINUANCE OF SPECIAL USE PERMIT FOR EARLE BROWN BOWL SUBJECT TO THE ORIGINAL CONDITIONS Motion by Commissioner Mann seconded by Commissioner Kalligher to recommend that the special use permit for outdoor activities at the Earle Brown Bowl be continued subject to the original conditions of approval. Voting in favor: Chairperson Bernards, Commissioner Mann, Sander, Holmes, Kalligher and Sherritt. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Mann seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:51 p.m. Chairperson 3 -26 -92 4 CITY OF BROOKLYN CENTER Council htecting Date April 113, 1992 Agenda Item Number / 1 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION PASSED BY BROOKLYN CENTER CHAMBER OF COMMERCE REGARDING AN ORDINANCE LIMITING HOURS OF OPERATION FOR COMMERCIAL BUSINESSES DEPT. APPROVAL:` Gerald G. Splinter, City Manager MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION s s E R O O K L Y N C E N T E R C H A M B E R O E C O M M E R C E .April 8, 1992 ENCLOSED PLEASE FIND THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF THE BROOKLYN CENTER CHAMBER OF COMMERCE, REGARDING A PROPOSED ORDINANCE LIMITING HOURS OF OPERATION FOR COMMERCIAL BUSINESSES WITHIN 200 FEET OF RESIDENTIAL PROPERTIES. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CHAMBER OFFICE; OR THE CHAIRPERSON OF THE ECONOMIC DEVELOPMENT COMMITTEE, JANIS BLUMENTALS. HIS NUMBER IS: 561 -5757. THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION OF THIS MATTER. SIN ERELY, MARY EL CC: Jerry Splinter Brad Hoffman Sy Knapp Ron Warren Todd Paulson Phil Cohen Celia Scott Jerry Pedlar Dave Rosene Chamber Board of Directors Chamber Economic Development Committee ::,. 6205 EARLE BROWN DRIVE SUITE 110 BROOKLYN CENTER, MN 55430 (612) 566.8650 --Illy RESOLUTION REGARDING SEPARATION BETWEEN 24 HOUR COMMMERCIAL OPERATIONS AND RESIDENTIAL AREAS: B R O O K L Y N C E N T E R C H A M B E R O F C O M M E R C E WHEREAS, the City Council of Brooklyn Center is considering amending the city's zoning ordinance to require a minimum separation of 200 feet between certain 24 hour commercial operations and single family and two family residential areas, and WHEREAS, the City of Brooklyn Center, with assistance from the Brooklyn Center Chamber of Commerce, has already conducted two extensive studies regarding the housing market and commercial and industrial development trends, and at this time is in the process of conducting an additional study on the redevelopment of specific districts, and WHEREAS, the City of Brooklyn Center with assistance from the Brooklyn Center Chamber of Commerce is developing a program for retaining and expanding local businesses which may include buffer requirements between commercial operations and residential areas, and WHEREAS, the proposed ordinance to require a minimum separation of 200 feet between certain commercial operations and certain residential areas will affect any proactive market retention and expansion program and will preempt any comprehensive redevelopment plan requiring buffers, NOW, THEREFORE BE IT RESOLVED, THAT THE BROOKLYN CENTER CHAMBER OF COMMERCE CALLS ON THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER TO ANALYZE THE NEED FOR BUFFERS BETWEEN 24 HOUR COMMERCIAL OPERATIONS AND RESIDENTIAL AREAS AS PART OF ITS COMPREHENSIVE BUSINESS REDEVELOPMENT, RETENTION, AND EXPANSION PLAN; AND FURTHER, THE BROOKLYN CENTER CHAMBER fi OF COMMERCE CALLS ON THE BROOKLYN CENTER CITY COUNCIL TO DELAY PASSAGE OF ANY ORDINANCE LIMITING HOURS OF OPERATION PRIOR TO THE COMPLETION OF THE COMPREHENSIVE REDEVELOPMENT, RETENTION AND EXPANSION PLAN. Y 6205 EARIE BROWN DRIVE SUITE 110 BROOKLYN (ENTER, MN 55430 (612) 566.8650 CITY OF BROOKLYN CENTER Council Meeting Date 4/13/ as i � Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING THE ENGAGEMENT OF CONSULTANT SERVICES FOR THE RECRUITMENT OF A POLICE CHIEF ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Geralyn R. garone, Personnel Coordinator MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) At its March 23, 1992, meeting, the city council approved a resolution amending the 1992 general fund budget for expenses related to recruitment of a police chief. The council also approved the recruitment process presented on March 23. A final step to move this process forward is to approve the selection of a consultant who will assist the City in the recruitment and selection process. The City received quotations from the Brimeyer Group, Inc. (BGI) and Labor Relations Associates (LRA). Excluding reference checks, the BGI proposal is $5,600 and the LRA proposal is $6,000. BGI provides more up -front assistance than LRA in working with the city council, city manager, department heads, and other pertinent staff people in developing a position description and an attribute list that fits the specific needs of Brooklyn Center. BGI will provide much more thorough and detailed reference checks and background investigations than LRA, but at a higher cost. Depending on where the candidates live, the cost of the checks by BGI will range from $2,000 to $6,400. Because the types of services provided by BGI will better satisfy the needs expressed by the city council and staff, we are recommending the approval of working with BGI. RECOMMENDED CITY COUNCIL ACTION Approve a Resolution Approving the Engagement of Consultant Services for the Recruitment of a Police Chief. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE ENGAGEMENT OF CONSULTANT SERVICES FOR THE RECRUITMENT OF A POLICE CHIEF WHEREAS, Police Chief Jim Lindsay has submitted a letter of retirement effective September 12, 1992; and WHEREAS, Resolution No. 92 -62 amended the general fund budget for expenses related to recruitment of a police chief; and WHEREAS, the City of Brooklyn Center has received a proposal from The Brimeyer Group, Inc. (BGI) to assist the City in the recruitment and selection of a police chief; and WHEREAS, the cost of these consulting services range from $7,600 to $12,000, depending on where the final candidates live and the costs associated with out -of -town candidates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City engage the services of The Brimeyer Group, Inc. for the purposes of assisting in the recruitment and selection of a police chief not to exceed $12,000. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting pate ail l3 `J Z Agenda hem Number �b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AWARDING SALE OF $480,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1992, FIXING FORM AND TERMS THEREOF AND PROVIDING FOR THEIR PAYMENT ** tit** t*: t*♦ r* ttt* i�att�* tsy +*stt *t**�s��rs*k *��s*++srs *� **mss *+�++s��sk DEPARTMENT APPROVAL- Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) When the City Council adopted the 1992 City Budget on November 25, 1991, the decision was made to sell certificates of indebtedness in the amount of $480_,000 to finance the purchase of certain equipment approved in the budget. The decision was also made to • sell the certificates to the City's Investment Trust Fund. A tax was levied in the amount of $198,000 in 1991 to pay the first principal and interest due on December 31, 1992. Taxes will be levied in 1992 and 1993 in the amounts of $185,200 and $172,400 respectively to pay principal and interest due on December 31, 1993 and 1994. The attached resolution will authorize the sale of the certificates to the Investment Trust Fund and levy the necessary taxes for the 1993 and 1994 City Budget. STAFF RECOMMENDATION --------------- - - - -- Staff recommends that the Council pass the resolution since it approved the procedure when it adopted the 1992 City Budget. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution awarding the sale of $480,000 General Obligation Equipment Certificates of Indebtedness of 1992 to the Investment Trust Fund and providing for their payment. (DDDECI) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING SALE OF $480,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1992, FIXING FORM AND TERMS THEREOF AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. It is hereby determined to be necessary and expedient that the City issue and sell equipment certificates in the amount of $480,000 pursuant to Section 412.301, Minnesota Statutes, for the purpose of purchasing capital equipment. 2. Such obligations may be sold without a public sale pursuant to Section 475.60, Subd. 2(2), Minnesota Statutes. Accordingly, the City shall purchase for its Investment Trust Fund, from amounts therein not needed prior to maturity, $480,000 General Obligation Equipment Certificates of Indebtedness of 1992 of the City (the "Certificates "), bearing interest at the rate of 8.00% per annum, at a price of $480,000 plus accrued interest and on the terms set forth herein. — 3. The certificates shall be in the aggregate principal amount of $480,000, shall be dated January 1, 1992, interest payable December 31, 1992 and annually thereafter on December 31 in each year and shall mature serially on December 31 in the years and amounts as follows: $160,000 in 1992, $160,000 in 1993, and $160,000 in 1994. 4. The Certificates shall be payable upon presentation at the office of the City Director of Finance, in Brooklyn Center, Minnesota. 5. The Certificates shall be prepared under the direction of the City Clerk and when so prepared shall be executed on behalf of the City by the manual signatures of the Mayor and the City Manager, under its official seal. 6. There is hereby created a separate debt service fund for said Certificates, which shall be held by the Director of Finance and used for no other purpose than to pay principal of and interest on said Certificates, provided, that, if any payment of principal or interest shall become due when there is not sufficient money in said fund to pay the same, the Director of Finance shall pay such principal or interest from the General Fund of the City, and said General Fund shall be reimbursed for such advances out of the proceeds of the taxes heretofore levied as described below or other moneys appropriated by the City Council for such purpose. Into said debt service fund shall be paid all proceeds of such taxes levied and such other moneys -as may be received by the City for the purpose of or appropriated to the payment of said certificates and interest. RESOLUTION NO. 7. The City has heretofore levied a tax collectible in 1992 in the amount of $198,000 which is sufficent to pay principal and interest due December 31, 1992 and there is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of other general taxes of the City, which tax is in the years and amounts as follows: Year Collectible Amount of Levy ---------- - - - - -- -------- - - - - -- 1993 $185,200 1994 172,400 Each of said levies shall be irrepealable, but the City reserves the right to reduce said levies in the manner and to the extent permitted by law. --------------------------- - - - - -- ----------------------------------- Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. (DDDCII) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER ----------------------- No. 1 $160,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1992 ---------------------------------------------- Rate Maturity Date of Original Issue - - -- -- - - - - -- ---------------- - - - - -- 8.00% December 31, 1992 January 1, 1992 The City of Brooklyn Center, Hennepin County, Minnesota, for value received, hereby promises to pay to the City of Brooklyn Center Investment Fund the principal sum of One Hundred Sixty Thousand dollars ($160,000) on the maturity date specified above, without option of prior payment, upon the presentation and surrender hereof, and to pay to the owner hereof interest on such principal sum at the interest rate specified above from January 1, 1992 until said principal sum is paid. Principal and interest is payable in lawful money of the United States of America at the office of the City's Director of Finance, Brooklyn Center, Minnesota. Interest shall be paid on December 31. For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. This Certificate is one of an issue of certificates in the aggregate principal amount of $480,000, which are all of like date and tenor except as to demonination and maturity date, and issued for the purpose of providing money to defray in whole or in part the cost of purchasing certain capital equipment pursuant to the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Section 412.301. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Certificate have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this Certificate, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Brooklyn Center, Minnesota, by its City Council, has caused thi.s Certificate to be executed in its behalf by the signatures of the Mayor and City Manager and sealed with the official seal of the City. ----------------------------- - - - - -- --------------------------------- Todd Paulson, Mayor Gerald G. Splinter, City Manager is (DDDCl2) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER ----------------------- No. 2 $160,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1992 ---------------------------------------------- Rate Maturity Date of Original Issue - - -- -- - - - - -- ---------------- - - - - -- 8.00% December 31, 1993 January 1, 1992 The City of Brooklyn Center, Hennepin County, Minnesota, for value received, hereby promises to pay to the City of Brooklyn Center Investment Fund the principal sum of One Hundred Sixty Thousand dollars ($160,000) on the maturity date specified above, without option of prior payment, upon the presentation and surrender hereof, and to pay to the owner hereof interest on such principal sum at the interest rate specified above from January 1, 1992 until said principal sum is paid. Principal and interest is payable in lawful money of the United States of America at the office of the City's Director of Finance, Brooklyn Center, Minnesota. Interest shall be paid on December 31. For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. This Certificate is one of an issue of certificates in the aggregate principal amount of $480,000, which are all of like date and tenor except as to demonination and maturity date, and issued for the purpose of providing money to defray in whole or in part the cost of purchasing certain capital equipment pursuant to the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Section 412.301. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Certificate have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this Certificate, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Brooklyn Center, Minnesota, by its City Council, has caused this Certificate to be executed in its behalf by the signatures of the Mayor-and City Manager and sealed with the official seal of the City. ----------------------------- - - - - -- --------------------------------- Todd Paulson, Mayor Gerald G. Splinter, City Manager (DDDCI3) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER ----------------------- No. 3 $160,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1992 ---------------------------------------------- Rate Maturity Date of Original Issue 8.00% December 31, 1994 January 1, 1992 The City of Brooklyn Center, Hennepin County, Minnesota, for value received, hereby promises to pay to the City of Brooklyn Center Investment Fund the principal sum of One Hundred Sixty Thousand dollars ($160,000) on the maturity date specified above, without option of prior payment, upon the presentation and surrender hereof, and to pay to the owner hereof interest on such principal sum at the interest rate specified above from January 1, 1992 until said principal sum is paid. Principal and interest is payable in lawful money of the United States of America at the office of the City's Director of Finance, Brooklyn Center, Minnesota. Interest shall be paid on December 31. For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. This Certificate is one of an issue of certificates in the aggregate principal amount of $480,000, which are all of like date and tenor except as to demonination and maturity date, and issued for the purpose of providing money to defray in whole or in part the cost of purchasing certain capital equipment pursuant to the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Section 412.301. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Certificate have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this Certificate, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Brooklyn Center, Minnesota, by its City Council, has caused this Certificate to be executed in its behalf by the signatures of the Mayor and City Manager and sealed with the official seal of the City. ----------------------------- - - - - -- --------------------------------- Todd Paulson, Mayor Gerald G. Splinter, City Manager (HHBCCI) CITY OF BROOKLYN CENTER, MINNESOTA ANNUAL OPERATING BUDGET FOR ALL BUDGETED CITY FUNDS --------------------------- 1992 ADOPTED ------------------------------------------------ TO BE FINANCED WITH CERTIFICATES OF INDEBTEDNESS ------------------------------------------------ Certificates of Indebtedness are to be dated January 1, 1992 and will mature on December 31, 1992, 1993, and 1994 at an annual projected interest rate of 8 %. Principal at January 1, 1992 $ 480,000 Interest Payment on 12 -31 -92 $ 38,000 Principal Payment on 12 -31 -92 160,000 (160,000) Debt Retirement Levy For 1992 Budget $ 198,000 Principal at January 1, 1993 320,000 Interest Payment on 12 -31 -93 $ 25,200 Principal Payment on 12 -31 -93 160,000 (160,000) Debt Retirement Levy For 1993 Budget $ 185,200 ---------------------------- - - - - -- ----- - - - - -- Principal at January 1, 1994 160,000 Interest Payment ayment on 12 -31 -94 $ 12,400 Principal Payment on 12 -31 -94 160,000 (160,000) Debt Retirement Levy For 1994 Budget $ 172,400 Principal at January 1, 1995 $ 0 9 (HHBCCI) CITY OF BROOKLYN CENTER, MINNESOTA ANNUAL OPERATING BUDGET FOR ALL BUDGETED CITY FUNDS --------------------------- 1992 ADOPTED ------------------------------------------------ TO BE FINANCED WITH CERTIFICATES OF INDEBTEDNESS ------------------------------------------------ DEPARTMENT CAPITAL OUTLAY ITEM DEPT TOTAL -------- - - - - -- --------------------------- - - - - -- ----- - - - - -- ASSESSING (15) Other Equipment $ 0 FINANCE (16) Office Furnishings & Equipment 2,300 GOVT BLDGS(19) Office Furnishings & Equipment $ 0 Other Equipment 3,060 3,060 DATA PROCESS(20) Office Furnishings & Equipment 145,343 Other Equipment 5,000 150,343 POLICE (31) Office Furnishings & Equipment 475 Other Equipment 500 Mobile Equipment 76,500 77,475 FIRE (32) Furniture and Fixtures 5,575 Other Equipment 60,555 Mobile Equipment 19,500 85,630 PLAN&INSP (33) Office Furnishings & Equipment 385 ANIMAL CNTRL(35) Mobile Equipment 15,350 ENGINEERING(41) Office Furnishings & Equipment 450 Other Equipment 400 Mobile Equipment 350 1,200 STREET MTNC(42) Mobile Equipment 76,500 REC &PRKS ADM(61) Mobile Equipment 0 ADULT REC (62) Other Equipment 400 TEEN REC (63) Furniture and Fixtures 600 CHILRENS REC(64) Furniture and Fixtures 197 COMM CENTER (66) Furniture and Fixtures 2,136 Other Equipment 10,600 12,736 PARKS MTNC (69) Other Equipment 15,600 Mobile Equipment 10,200 25,800 UNALLOCATED (80) Office Furnishings & Equipment 30,200 Total Equipment to be Financed With C.I.'s $ 482,176 10 CITY OF BROOKLYN CENTER Cound► Meeting Date -- Y-// 3 92. Agenda ttern Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS r: rrrrrmrrrrrrr #r# # # # #rm#mrrrr#trr :#rrrrrrrrrr r#srr# DEPARTMENT APPROVAL Signature - title Director oT FTn77TM oi MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached When the City Council adopted the 1992 Annual City Budget on November 25, 1991, salary and wages for 1992 had not been determined. Therefore, the.Council appropriated funds in the Unallocated Departmental Expenses Budget to be • reappropriated to specific departmental budgets when all of the salaries and wages had been determined. Salaries and wages have now been determined for all City employees for 1992. The amount of $226,411 was appropriated in the Unallocated Departmental Expenses Budget. Only $189,824 was needed to satisfy 1992 salary and wage adjustments. STAFF RECOMMENDATION - Staff recommends that the Unallocated Departmental Expense Personal Services accounts be distributed to departments as shown in the attached resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution amending the 1992 General Fund Budget to provide for wage and salary adjustments. • hoc Member introduced the following resolution and moved its adoption: (HRAJ) RESOLUTION NO. RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS ------------------------------------------------------------------------ WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund; and WHEREAS, on November 25, 1991, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1992; and WHEREAS, when said budget was adopted, 1992 salaries and wages for City employees had not been set; and WHEREAS, the City Council did appropriate funds for departmental labor and fringe benefits in the amount of $226,411 to Unallocated Departmental Expenses (Department No. 180) to provide funds for 1992 salary and wage settlements; and WHEREAS, all wages and salaries for the calendar year 1992 have now been set by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $189,824 from the following Unallocated Departmental J Expense (Department No. 180) appropriations: 001 -4100 Salaries, Regular Employees $ 142,670 001 -4141 PERA- Regular 511 001 -4142 PERA- Combined 3,635 001 -4143 PERA- Police 6,240 001 -4146 Social Security 5,008 001 -4147 Medicare 1,382 001 -4151 Hospitalization Insurance 30,276 001 -4157 Deferred Compensation 102 $ 189,824 ; and Increase the departmental or divisional appropriations in the total amount of $189,824 as indicated on the following page: Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Ab - - RESOLUTION NO. (HRAJ1) Salaries Salaries Salaries PERA PERA PERA Medi- Health Life Dental Deferred Regular Overtime Temporary Regular Combined Police FICA Care Insurance Insurance Insurance Comp 4100 4112 4130 4141 4142 4143 4146 4147 4151 4152 4153 4157 TOTAL City Council 0 0 0 0 0 0 0 0 0 0 0 0 0 City Manager's Office 1,340 0 6,603 0 243 0 352 82 1,280 258 0 102 10,260 Elections 487 0 0 0 22 0 31 7 160 0 0 0 707 Assessing Department 6,815 0 0 0 306 0 423 99 960 0 0 0 8,603 Finance Department 9,348 0 0 199 335 0 464 108 2,160 0 0 0 12,614 Government Buildings 3,452 252 1,491 0 233 0 322 76 960 0 0 0 6,786 Police Protection 57,283 3,307 2,874 0 610 5,949 861 402 12,960 0 0 0 84,246 Fire Protection 1,519 0 1,071 0 0 182 55 13 240 0 0 0 3,080 Planning 8 Inspection 7,120 0 0 0 319 0 442 104 1,680 0 0 0 9,665 Emergency Preparedness 906 0 0 0 0 109 0 0 120 0 0 0 1,135 Animal Control 0 0 414 0 19 0 26 7 0 0 0 0 466 Engineering 9,068 0 0 106 332 0 349 82 2,160 0 0 0 12,097 Streets Maintenance 10,940 0 700 146 460 0 638 149 3,492 0 0 0 16,525 Vehicle Maintenance 3,670 0 0 0 164 0 228 53 1,008 0 0 0 5,123 Recreation /Parks Admin 6,392 0 0 0 287 0 396 93 1,440 0 0 0 8,608 Parks Maintenance 6,060 0 1,300 60 305 0 421 107 1,656 0 0 0 9,909 -- - --- -- - -- - - --- ---- ---- - ------- -- - ----- - ---- --- -- - -- - -- --- -- --- -- ------ -- -- -- -- -- -- - --- - - - ----- ---- ---- TOTAL 124,400 3,559 14,453 511 3,635 6,240 5,008 1,382 30,276 258 0 102 189,824 N J .- �' '.' 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N ry � A� N O ^^ H M � P r ^ .- H M � N N A N .- O O O o ' O 0 0 O M M 'I ' P P O 0 0 O 0 0 O 0 0 O •° 0 0 O p M p " N � a00 aa00 n ° e N N ry N M • , A A A A CITY OF BROOKLYN CENTER Council Meeting Date 04/13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CONSTRUCTION OF WELLHOUSE NO. 10, IMPROVEMENT PROJECT NO. 1990 -16, CONTRACT 1990 -G DEPT. APPROVA Sy Knapp, rector I Public Works MANAGER'S REVIEW /RECOMMENDATION: ZOI I `y- u No comments to supplement this report Comments below /attached is SUMMARY EXPLANATION: (supplemental sheets attached Contract 1990 -G, Improvement Project No. 1990 -16, Construction of Wellhouse No. 10 has been completed by Richmar Construction, Inc. The City Council accepted their low bid per Resolution No. 90 -234 and a contract was subsequently executed. In addition, two change orders were approved for items of work not originally included in the contract. The value of work performed for Improvement Project No. 1990 -16, $405,725, equals the original contract value plus approved change orders. The total project costs are detailed in the attached resolution. It is noted that the estimated costs for the entire well project (1990 -02, Well Drilling and 1990 -16, Wellhouse Construction) were established simultaneously via Resolution No. 90 -12, adopted by the Council on January 8, 1990. Although the work for Improvement Project 1990 -02 (Well Drilling) and contract costs thereof have already been approved by the Council (Resolution 91 -60, 02/25/91), the attached resolution summarizes all project costs associated with both contracts. The total cost for the entire Well No. 10 project, which includes both well drilling and wellhouse construction, is $696,813.91. This compares favorably to the previously established estimated total of $950,000.00. Regarding costs for engineering services, the contract between Black and Veatch and the City identified four phases of work to be performed in conjunction with both projects 90 -02 and 90 -16. The total amount for their professional services for both projects (Well Drilling & Wellhouse Construction), including approved • contract amendments, was previously established as $142,700. However, the actual billing for these services totals $125,184.39, or $17,515.61 less than the • approved amount. During the duration of the well projects, City personnel were able to provide assistance to the consultant in the form of in -house shop drawing review and construction observation, and therefore, achieve cost savings. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Richmar Construction, Inc. is provided for consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CONSTRUCTION OF WELLHOUSE NO. 10, IMPROVEMENT PROJECT NO. 1990 -16, CONTRACT 1990 -G WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Richmar Construction, Inc. has satisfactorily completed the following improvements in accordance with said contract: CONSTRUCTION OF WELLHOUSE NO. 10 IMPROVEMENT PROJECT NO. 1990 -16, CONTRACT 1990 -G WHEREAS, the City Council, by previous adoption of Resolution No. 90 -12, established the estimated costs of both Improvement Project Nos. 1990 -02 and 1990 -16 simultaneously; and WHEREAS, the City Council, by previous adoption of Resolution No. 91 -60, accepted work performed in conjunction with Improvement Project No. 1990 -02. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work performed in conjunction with Improvement Project No. 1990 -16, Construction of Wellhouse No. 10, is hereby accepted and final payment therefore is approved. 2. It is hereby directed that final payment be made for Improvement Project No. 1990 -16, Contract 1990 -G, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $405,725. 3. The work completed in conjunction with Improvement Project Nos. 1990 -02 and 1990 -16 is accepted and approved according to the following schedule: RESOLUTION NO. Per Low Bid(s), Approved Change Orders, and Con - As Established tract Amendments As Final Construction Contract Costs $731,500.00 $532,187.22 $532,187.22 Consulting Engineering Fees $117,500.00 $142,700.00 $125,184.39 Staff Engineering, Legal & Financial Fees $ 51,000.00 $ 40,500.00 $ 39,442.30 Contingency $ 50,000.00 - -- $ - -_ Total Project Cost, Improvement Project Nos. 1990 -02 & 1990 -16 $950,000.00 $715,387.22 $696,813.01 4. All financing for Improvement Project No. 1990 -16, Construction of Wellhouse No. 10, Contract 1990 -G, shall be from the Public Utilities Fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Council Meeting Date 4/13/92 Agenda Item Number Al E REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WELL NO. 3 SAND REMOVAL, IMPROVEMENT PROJECT NO. 1992 -05, CONTRACT 1992 -A DEPT. APPROVAL: �- Sy Knapp, Mrector o Public Works MANAGER'S REVIEW /RECOMMENDATION: V No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Contract 1992 -A, Improvement Project No. 1992 -05, Well No. 3 Sand Removal, has been completed by Layne Minnesota Company. The City Council accepted their bid per Resolution 92 -24 and a contract was subsequently executed. Due to an overestimation of quantities, the actual value of work performed is $ 1,055.00 less than original contract. Staff recommends acceptance of the work performed and authorization to make final payment to Layne Minnesota Company. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Layne Minnesota Company. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WELL NO. 3 SAND REMOVAL, IMPROVEMENT PROJECT NO. 1992 -05, CONTRACT 1992 -A WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Layne Minnesota Company, has satisfactorily completed the following improvement in accordance with said contract: WELL NO. 3 SAND REMOVAL, IMPROVEMENT PROJECT NO. 1992 -05, CONTRACT 1992 -A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Amended As Established Per Low Bid Final Amount Original Contract $ 31,200 $ 10,495.10 $ 9,440.10 2. The actual value of work performed is $ 1,055.00 less than the original contract value, due to an overestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $ 9,440.10. 4. Project No. 1992 -05 is final and is accepted and approved according to the following schedules: As Amended As Established Per Low Bid As Final Contract $ 31,200 $ 10,495.10 $ 9,440.10 Contingency $ 4,680 1,574.90 -- Subtotal Construction $ 35,880 $ 12,070.00 $ 9,440.10 Staff Engineering (8%) $ 2,870 $ 966.00 $ 755.21 Admin. & Legal (2%) 720 $ 242.00 $ 188.80 Total Est. Project Cost $ 39,470 $ 13,278.00 $ 10,384.11 RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 04/13/92 Agcnda Item Number /d F REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WELL NO. 7 MAINTENANCE, IMPROVEMENT PROJECT N0. 1992 -06 DEPT. APPROVAL: Sy Knapp, ector f Public Works r ..; MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Improvement Project No. 1992 -06, Well No. 7 Maintenance, has been completed by Layne Minnesota Company. The City Council accepted their proposal per Resolution 92 -02 and a contract was subsequently executed. Due to an overestimation of quantities, the actual value of work performed is $ 1,089.50 less than original contract. Staff recommends acceptance of the work performed and authorization to make final payment to Layne Minnesota Company. RECOMMENDED CITY COUNCIL ACTION A resolution acceptin g work performed and authorizin g final payment to Layne Y y Minnesota Company. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WELL NO. 7 MAINTENANCE, IMPROVEMENT PROJECT NO. 1992 -06 WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Layne Minnesota Company has satisfactorily completed the following improvement in accordance with said contract: WELL NO. 7 MAINTENANCE, IMPROVEMENT PROJECT NO. 1992 -06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: Original Contract Final Amount Value of Work $ 9,990.00 $ 8,900.50 2. The value of work actually performed is $ 1,089.50 less than the original contract, due to a overestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $ 8,900.50. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Council Meeting Date 41/13/92 Agenda Item Number /� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION REJECTING NON - CONFORMING BID, ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -B DEPT. APPROVAL: Sy Knapp, hector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached acs; cXcyc�! c�; c�! c�k�k�kyc�! c�; e�k�k�k�k�; c�k�k�k�! c�! cx�! e�cyc�; cx�k�k�k�k�k�k�k�k�k�k�k�k�k�K�k�k�k�k�rc�! c�k�k�k�k�k�; e% k�k�k�k�k�k�k> kYe�k�k�k�k�k�k�kacx�k�!c�xxx�e SUMMARY EXPLANATION: (supplemental sheets attached Yes On 4/13/92 nine bids were received and opened for reconstruction of 69th Avenue North between Brooklyn Boulevard and West Palmer Lake Drive. All bids, ranging from $1,499,942.80 to $1,796,441.37 were lower than the Engineer's estimate of $1,834,388.75. It is noted that it is very unusual, for all bids on a project to be this closely grouped (within 20%), and that this is an indication that (1) all bidders clearly understood the plans and specifications; and (2) all bidders were submitting serious, competitive bids. Unfortunately, examination of the low bid of S.M. Hentges and Sons shows that their bid does not comply with the project specifications on one important item, i.e.. • The specifications include a provision which provides for payment of "Mobilization" costs for "... preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project site; for the establishment of all Contractor offices and buildings or other facilities necessary for work on the Project." • The Special Provisions section of the specifications for this project which relate to payment for Mobilization costs provide that "... the lump sum bid amount shall not exceed 5% of the total Base Bid amount. • • S.M. Hentges and Sons' bid for Mobilization is in the amount of $120,000.00. This represents 8% of their total Base Bid amount. We have reviewed this matter with City Attorney LeFevere. He recommends (see memo attached) that the City reject the bid of S.M. Hentges and Sons on the basis that it does not comply to the specifications. The City Manager and I concur in this recommendation. If the bid by Hentges is rejected, the next lowest bid is that of Brown and Cris in the amount of $1,514,315.15 ($14,372.35 higher than the Hentges bid). We have checked various references and determined that they are a responsible contractor. We recommend award of .this contract to Brown and Cris on the basis of their bid. Notes 1. Because this is a Municipal State Aid project, we have contacted the MNDOT State Aid Engineer to review the above matter. He advises that MNDOT's policy is to have the City rely on the advice of its attorney. 2. After meeting ith City Attorney LeFevere on April 7 I called for Mr. g Y Y P Steve Hentges of the Hentges firm to advise them of this matter. g g When a Mr. Jim Kephart returned my call for Mr. Hentges, I reviewed the matter with him and advised him of City staff's recommendation. When I told him about the problem (i.e. — their bid for mobilization exceeded the 5% maximum allowed by the specifications) he commented that "... it's all that dewatering ... which we added at the last minute." This comment is noted because the costs for dewatering should not be included in the mobilization costs. 3. I also informed Mr. Kephart that the City Council will be considering this matter at the 4/13/92 Council meeting. 4. Mr. Steve Hentges, President of S.M. Hentges and Sons, met with me on 4/8/92. At that time we discussed the matter in somewhat more detail, and I gave him a preliminary copy of this memo, of Charlie LeFevere's letter, and of the proposed resolution. Mr. Hentges indicated that he plans to attend the 4/13/93 Council meeting. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by Y the Ci Council. Note Final approval of plans and specifications from the MNDOT State Aid Division has not yet been received. We anticipate receiving that approval shortly. Accordingly, the proposed resolution provides for award of the contract subject to receipt of final approval from MNDOT. HOLMES & GRAVEN ('HARTF.RFD 1ttornevs at law JOHN M. LEF E% JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LIND.ALL DBERT A. ALSOP (612) 337 -9300 LAI RA K. MOLLET RONALD H. BATTY DANIEL R. NELSON STEPHEN J. Bt Bt Facsimile (612) 337 -9310 BARBARA L. PORTVN "OOD ROBERT C. CARISON JANIES M. STRONI.NIEN JOHN B. DEAN STEVEN M. TALLF,N MARY C. DOBBINS JANIES J. THOMsON, JR. STEFANIE N. GALEY LARRY M. WER "rHE.INI CORRINE: A. HEINE NN BITER'S DIRECT DIAL BONNIE 1-. WILKINS JAMES S. IIOLNIE.S GARY P. WINTER DW JO HN R. LARSON J. KENNEDY JOHN 337-9215 DAVID L. GR :WEN(1929 -1991) _ WELLINGTON H. LAW OF COCNSEL CHARLES L. LEFEVERE ROBERT L. DAN IDSON April 8, 1992 Mr. Sy Knapp Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Award of Contract for 69th Avenue Project Dear Sy: You have asked for my comment on a question relating to bids received for a portion of the 69th Avenue Project. The facts as I understand them are as follows. One of the line items on the bid form for the project was for "mobilization." The specifications clearly provided that the amount bid for mobilization could not exceed five percent of the base bid. The lowest bid received was $1,499,942.80, five percent of which is $74,997.14. The amount bid by the low bidder for mobilization, however, was $120,000, or eight percent of the base bid. The second low bidder was approximately $1,514,315, which is $14,373 higher than the low bid. The low bid clearly did not comply with the specifications. In responding to the low bid, the City Council has three options. The first is to waive the failure to comply with the five percent limitation as an irregularity and accept the bid. The second is to adjust the bid downward by reducing the amount bid for mobilization so that the bid conforms to the specifications and awarding the contract to the low bidder on the basis of the amended bid. The third is to reject the low bid and to award the contract to the lowest responsible remaining bidder. Of the three, it is my option that the third option is the most easily defended from legal challenge. I would not advise awarding the contract as bid because it seems to me that three percent of the contract price is a substantial departure from the specifications. It is entirely possible that if other bidders had known they were free to disregard the specifications and bid a higher amount for mobilization (thereby reducing their cash needs for the project) other bidders could have given even lower bids. It may even be that potential bidders declined to submit bids because of the five percent requirement. Allowing a departure from the five percent limitation where other bidders presumably felt constrained to bid in compliance with the specifications seems to me to offer a material advantage in the bidding process to the low bidder. I believe that an award by the Council to the low bidder despite this departure from the specifications could be challenged successfully by another bidder. CLL32894 BR291 -10 Mr. Sy Knapp April 8, 1992 Page 2 The second alternative, reducing the line item for mobilization by approximately $45,000 so that it would be within the limitations set by the specifications is simply not authorized. To do so would reduce the amount of the bid by three percent. Such a bid was not submitted by the bidder and the City cannot unilaterally change the bidders offer, and then accept it. Nor do I believe it would be defensible to alter the bid even if the bidder consented to the alteration. Since the City could not legally hold the bidder to a reduced bid without the bidders consent, allowing the bidder to consent to a reduction gives the bidder a material advantage and creates the potential for collusion. A bidder should not be free to accept or reject an amended bid after all of the other bids have been opened and made public. In my opinion, then, the third choice, rejecting the low bid as being nonresponsive to the specifications and awarding the contract to the next lowest responsible bidder is the most legally defensible course of action. If you have any further questions, please give me a call. Very truly yours, Charles L. LeFevere CLL : rsr CLL32694 BR291 -10 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REJECTING NON - CONFORMING BID, ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -B WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1990 -10, bids were received, opened, and tabulated by the City Engineer, on the 31st day of March, 1992. Said bids were as follows: Bidder Bid Amount S.M. Hentges & Sons $ 1,499,942.80 Brown & Cris $ 1,514,315.15 Arcon Construction $ 1,587,215.21 C.S. McCrossan Construction $ 1,603,340.72 Thomas & Sons Construction $ 1,609,232.34 Hardrives, Inc. $ 1,642,560.58 Ryan Contracting $ 1,661,831.10 Northdale Construction $ 1,694,737.42 Barbarossa & Sons $ 1,796,441.37 AND WHEREAS, the Director of Public Works has advised the City Council that the bid submitted by S.M. Hentges and Sons does not comply to the project specifications in that their bid includes a $120,000 bid price for mobilization and this amount represents approximately 8% of the total Base Bid amount, in variance with the specifications which specify that the bid amount for this item shall not exceed 5% of the total Base Bid amount; and WHEREAS, the City Attorney has reviewed this reported deviance from the specifications and has recommended that the City Council reject the bid of S.M. Hentges and Sons on the basis that said bid does not comply to the specifications; and WHEREAS, it appears that Brown and Cris of Lakeville, Minnesota is the lowest responsible bidder whose bid fully complies to the requirements of the project specifications; and WHEREAS, the primary funding source for this project is the Municipal State Aid Street fund, and final approval of plans and specifications has not yet been received from the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: RESOLUTION NO. 1. The bid of S.M. Hentges and Sons is hereby rejected on the basis that it does not comply to the requirements of the project specifications. 2. Subject to receipt of final approval of plans and specifications from the Minnesota Department of Transportation, the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $ 1,514,315.51, with Brown and Cris of Lakeville, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1990 -10 according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 3. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the 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. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ENCINEERS I ARCHIfECrS w PLANNERS 1 VA DNA ISCENiER CZVE S7 Pa.UL M1NNS$()iA :551% 612 490.2000 April 9, 1992 RE: CITY OF BROOKLYN CENTER 69TH AVENUE S.A.P. 109 - 125 -06 CITY PROJECT 1990 -10 CONTRACT NO. 1992• -B SEH FILE NO. 90277.02 Mr. Sy Knapp .Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Knapp: The City received bids for the above-referenced project on Tuesday, March 31, 1992, The bids ranged from $1,499,942.80 to $1,796,441.37. The apparent low bidder was s. M. Hentges & Sons, Inc. We checked references for this bidder and found them qualified to construct the project. However, after checking the Hentges bid, we found an improper bid which did, not conform to the requirements of the contract specifications. The specifications only provide for a maximum of 5- for Item Number 2021,501 MOBILIZATION. The S. M. Hentges & Sons, Inc. bid was over the 5-* maximum on this particular item. This is a lump sum item. Therefore, we recommend rejection of the low bidder and award to the second low bid, Brown and Cris in the amount of $ We have checked the references furnished by Brown and Cris and find that they are qualified to construct the project. Also, we have received all permits for the project, but we have not received final Municipal State -Aid (MSA) approval as yet. This final approval is still approximately one week away. Therefore, we recommend that the project be awarded contingent upon MSA approval. Approvals with minor changes have been made SHORT Eulrjrr kEtdU1�1CY.5p 1Nl. S7 PAUL Ow cc FAU'.. MINNCS07A Mr. Sy Knapp April 9, 1992 Page 2 at the District level, but final approval needs to be granted from Mn /DOT Central Office. If you have any questions, please contact me. S' rely Richard E. Moore, P.E. REM:11c Enclosures TI'1Tni D !17 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4- 1 -0 - ENGINEERS EST. S.M. HENTGES & SONS,INC. BROWN & CRIS '3- 31 -�iL ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 2021.501 MOBILIZATION L.S. 1 90,000.00 90,000.00 120,000.00 120,000.00 50,000.00 50,000.00 2031.501 FIELD OFFICE TYPE D L.S. 1 3,200.00 3,200.00 5,000.00 5,000.00 7,000.00 7,000.00 2101.502 CLEARING TREE 68 150.00 10,200.00 200.00 13,600.00 75.00 5,100.00 2101.507 GRUBBING TREE 68 50.00 3,400.00 100.00 6,800.00 75.00 5,100.00 0101.602 PROTECTTREE EACH 47 150.00 7,050.00 125.00 5,875.00 25.00 1,175.00 2103.501 BUILDING REMOVAL #4300 L.S. 1 5,000.00 5,000.00 6,000.00 6,000.00 4,000.00 4,000.00 2103.501 BUILDING REMOVAL #6900 L.S. 1 5,000.00 5,000.00 9,000.00 9,000.00 6,000.00 6,000.00 0103.602 BUILDING FOUNDATION REMOVAL EACH 22 3,000.00 66,000.00 500.00 11,000.00 500.00 11,000.00 2104.501 REMOVE R.C.P. STORM SEWER L.F. 579 5.00 2,895.00 5.00 2,895.00 6.00 3,474.00 2104.501 REMOVE 8' VCP SAN. SEWER L.F. 90 4.00 360.00 7.00 630.00 8.00 720.00 2104.501 REMOVE 21' C.M.P. SAN. SEWER L.F. 65 5.00 325.00 7.00 455.00 6.00 390.00 2104.501 REMOVEFENCE L.F. 1270 2.50 3,175.00 1.00 1,270.00 3.00 3,810.00 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT S.Y. 176 2.50 440.00 1.50 264.00 5.00 880.00 2104.509 REMOVE MANHOLE EACH 1 400.00 400.00 350.00 350.00 200.00 200.00 2104.509 REMOVE GARAGE SLAB EACH 14 500.00 7,000.00 150.00 2,100.00 20.00 280.00 2104.509 REMOVE WATER SERVICE EACH 30 200.00 6,000.00 100.00 3,000.00 350.00 10,500.00 2104.511 SAWING CONCRETE PAVEMENT L.F. 32 2.50 80.00 3.00 96.00 10.00 320.00 2104.513 SAWING BITUMINOUS PAVEMENT L.F. 550 1.50 825.00 2.00 1,100.00 2.00 1,100.00 2104.523 SALVAGE HYDRANT& G. V. PLUG TEE EACH 6 800.00 4,800.00 500.00 3,000.00 800.00 4,800.00 2104.523 SALVAGE CASTINGS EACH 27 75.00 2,025.00 50.00 1,350.00 50.00 1,350.00 2104.523 SALVAGE AND INSTALL MAILBOX EACH 24 40.00 960.00 50.00 1,200.00 25.00 600.00 2104.525 ABANDON M.H. EACH 10 600.00 6,000.00 350.00 3,500.00 400.00 4,000.00 0104.603 ABANDON 21' C.M.P. SAN. SEWER L.F. 1920 8.00 15,360.00 6.50 12,480.00 8.00 15,360.00 2105.501 COMMON EXCAVATION (P) C.Y. 23207 6.00 139,242.00 2.20 51,055.40 4.00 92,828.00 2105.505 MUCK EXCAVATION C.Y. 2965 6.00 17,790.00 3.00 8,895.00 5.50 16,307.50 2105.525 TOPSOIL BORROW (LV.) C.Y. 1915 14.00 26,810.00 7.50 14,362.50 8.00 15,320.00 2105.535 SALVAGE TOPSOIL (LV.) C.Y. 450 14.00 6,300.00 2.00 900.00 4.00 1,800.00 2112.501 SUBGRADE PREPARATION RD.STA. 2 100.00 200.00 200.00 400.00 200.00 400.00 0112.603 1' SUBCUT FOR UNIFORM COMPACTION RD.STA. 29 180.00 5,220.00 180.00 5,220.00 220.00 6,380.00 2130.501 WATER FOR DUST CONTROL 1000(M)GAL. 100 20.00 2,000.00 15.00 1,500.00 40.00 4,000.00 2211.501 AGG. BASE CL 5100% CRUSHED TON 14990 9.00 134,910.00 7.30 109,427.00 7.45 111,675.50 2331.508 TYPE 41 A WEARING COURSE MIXTURE TON 2225 25.00 55,625.00 19.80 44,055.00 19.75 43,943.75 2331.510 TYPE 31 BINDER COURSE MIXTURE TON 2130 23.00 48,990.00 17.10 36,423.00 17.10 36,423.00 2331.514 TYPE 31 BASE COURSE MIXTURE TON 3873 23.00 89,079.00 16.70 64,679.10 16.65 64,485.45 2341.518 BITUMINOUS MIXTURE FOR PATCHING TON 315 3.50 1,102.50 41.30 13,009.50 41.30 13,009.50 0341.601 2' BITUMINOUS BIKE TRAIL S.Y. 3397 6.00 20,382.00 7.10 24,118.70 7.05 23,948.85 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL. 2400 1.50 3,600.00 1.70 4,080.00 1.65 3,960.00 0411.603 PRECAST CONC. BLOCK RETAINING WALL S. F. 1300 12.00 15,600.00 10.00 13,000.00 11.00 14,300.00 0451.602 CRUSHED ROCK PIPE FOUNDATION TON 1765 12.00 21,180.00 9.70 17,120.50 1.00 1,765.00 0451.602 REPLACEMENT BACKFILL TON 2000 6.00 12,000.00 5.00 10,000.00 3.00 6,000.00 0452.602 TRENCH SHEETING S. F. 3200 15.00 48,000.00 2.00 6,400.00 4.00 12,800.00 0503.602 STANDARD MANHOLE, 8" DEEP EACH 18 1,000.00 18,000.00 1,200.00 21,600.00 1,200.00 21,600.00 0503.602 8"X 6" WYE EACH 10 50.00 500.00 75.00 750.00 50.00 500.00 PAGE NO. 1 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 ENGINEERS EST. S.M. HENTGES & SONS,INC. BROWN & CRIS ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 0503.602 18"X 6' WYE EACH 2 80.00 160.00 250.00 500.00 200.00 400.00 0503.602 CONNECT TO EXISTING SERVICE EACH 12 100.00 1,200.00 250.00 3,000.00 50.00 600.00 0503.602 CONNECT TO EXISTING SANITARY MANHOLE EACH 1 200.00 200.00 350.00 350.00 500.00 500.00 0503.602 CONNECT TO EXISTING FORCEMAIN EACH 1 200.00 200.00 300.00 300.00 400.00 400.00 0503.603 6' DIP FORCEMAIN L.F. 190 16.00 3,040.00 14.00 2,660.00 20.00 3,800.00 0503.603 8' D.I.P. SEWER PIPE L.F. 35 18.00 630.00 16.00 560.00 50.00 1,750.00 0503.603 8' PVC SEWER PIPE 0' -8' DEEP L.F. 5 12.00 60.00 20.00 100.00 25.00 125.00 0503.603 8' PVC SEWER PIPE 8' -10' DEEP L.F. 867 12.00 10,404.00 20.00 17,340.00 25.00 21,675.00 0503.603 8' PVC SEWER PIPE 10' -12' DEEP L.F. 830 13.00 10,790.00 20.00 16,600,00 25.00 20,750.00 0503.603 8' PVC SEWER PIPE 12' -14' DEEP L.F. 107 14.00 1,498.00 20.00 2,140.00 25.00 2,675.00 0503.603 8' PVC SEWER PIPE 14' -16' DEEP L.F. 53 15.00 795.00 20.00 1,060.00 25.00 1,325.00 0503.603 8' PVC SEWER PIPE 16' -18' DEEP L.F. 57 16.00 912.00 20.00 1,140.00 25.00 1,425.00 0503.603 8' PVC SEWER PIPE 18' -20' DEEP L.F. 78 18.00 1,404.00 20.00 1,560.00 25.00 1,950.00 0503.603 8' PVC SEWER PIPE 20' -22' DEEP L.F. 97 20.00 1,940.00 20.00 1,940.00 25.00 2,425.00 0503.603 18' PVC SEWER PIPE 16'-1& DEEP L.F. 1458 34.00 49,572.00 30.00 43,740.00 60.00 87,480.00 0503.603 18' PVC SEWER PIPE 18' -20' DEEP L.F. 135 35.00 4,725.00 30.00 4,050.00 60.00 8,100.00 0503.603 18' PVC SEWER PIPE 20' -22' DEEP L.F. 50 36.00 1,800.00 30.00 1,500.00 60.00 3,000.00 0503.603 6' PVC SAN. SEWER SERVICE L.F. 480 10.00 4,800.00 8.00 3,840.00 19.00 9,120.00 0503.603 REHABILITATE SAN. SEWER LF. 540 160.00 86,400.00 182.00 98,280.00 143.00 77,220.00 0503.603 EXCESS DEPTH, STANDARD MANHOLE LF, 74.9 80.00 5,992.00 80.00 5,992.00 70.00 5,243.00 0503.603 OUTSIDE DROP L.F. 21 180.00 3,780.00 150.00 3,150.00 400.00 8,400.00 0503.605 2' POLYSTRENE INSULATION SQ. YD. 214 21.00 4,494.00 8.00 1,712.00 7.00 1,498.00 0504.602 6' G.V. & BOX EACH 9 475.00 4,275.00 400.00 3,600.00 350.00 3,150.00 0504.602 10" G.V. & BOX EACH 1 900.00 900.00 700.00 700.00 600.00 600.00 0504.602 16' B.F. VALVE & MANHOLE EACH 4 2,500.00 10,000.00 2,600.00 10,400.00 2,700.00 10,800.00 0504.602 10' X 10' TAPPING SLEEVE & 10' G.V. & BOX EACH 1 2,250.00 2,250.00 2,000.00 2,000.00 2,000.00 2,000.00 0504,602 12"X 12' TAPPING SLEEVE & 12" G.V. & BOX EACH 1 2,500.00 2,500.00 2,250.00 2,250.00 2,300.00 2,300,00 0504.602 ADJUST GATE VALVE BOX EACH 11 150.00 1,650.00 110.00 1,210.00 120.00 1,320.00 0504.602 EXCAVATE W.M. FITTING, HYD.AND VALVE EACH 31 200.00 6,200.00 300.00 9,300.00 225.00 6,975.00 0504.602 REPLACE W.M. BOLTS EACH 568 5.00 2,840.00 6.00 3,408.00 2.00 1,136.00 0504.602 HYDRANT EACH 7 1,200.00 8,400.00 1,500.00 10,500.00 1,500.00 10,500.00 0504.602 CONNECT TO EXISTING WATERMAIN EACH 2 200.00 400.00 350.00 700.00 500.00 1,000.00 0504.602 SPRINKLER SYSTEM METER M.H. EACH 1 4,500.00 4,500.00 10,000.00 10,000.00 11,000.00 11,000.00 0504.602 SPRINKLER SYSTEM EQUIPMENT BOX EACH 2 1,800.00 3,600.00 4,000.00 8,000.00 3,800.00 7,600.00 0504.603 6' DIP WATERMAIN, CL 52 L.F. 290 18.00 5,220.00 13.00 3,770.00 21.00 6,090.00 0504.603 10' DIP WATERMAIN, CL 52 L.F. 17 26.00 442.00 20.00 340.00 30.00 510.00 0504.603 12" DIP WATERMAIN, CL 52 L.F. 170 28.00 4,760.00 23.00 3,910.00 31.00 5,270.00 0504.603 16' DIP WATERMAIN, CL 52 L.F. 3260 30.00 97,800.00 30.00 97,800.00 37.00 120,620.00 0504.603 30' JACKED STEEL CASING L.F. 180 260.00 46,800.00 175.00 31,500.00 110.00 19,800.00 0504.603 4' P.V.C. CONDUIT L.F. 56 6.00 336.00 4.00. 224.00 7.00 392.00 0504.603 6' P.V.C. CONDUIT L.F. 801 8.00 6,408.00 5.00 4,005.00 8.00 6,408.00 0504.620 DIP FITTINGS LB. 10316 2.50 25,790.00 1.20 12,379.20 1.00 10,316.00 2503.541 15" RCP STORM SEWER, DES.3006,CL V L.F. 1299 27.00 35,073.00 17.00 22,083.00 26.00 33,774.00 PAGE NO. 2 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 ENGINEERS EST. S.M. HENTGES & SONS,INC. BROWN & CRIS ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 2506.506 CONSTRUCT MANHOLE TYPE B -48" L.F. 4.7 150.00 705.00 140.00 658.00 150.00 705.00 2506.506 CONSTRUCT MANHOLE TYPE B-60' L. F. 8.6 250.00 2,150.00 210.00 1,806.00 220.00 1,892.00 2506.507 CONSTRUCT CATCH BASIN, TYPE L. F. 26.6 150.00 3,990.00 70.00 1,862.00 100.00 2,660.00 2506.507 CONSTRUCT CATCH BASIN, TYPE B -48" L. F. 41.5 150.00 6,225.00 120.00 4,980.00 150.00 6,225.00 2506.507 CONSTRUCT CATCH BASIN, TYPE B -60' L.F. 19 250.00 4,750.00 210.00 3,990.00 220.00 4,180.00 2506.507 CONSTRUCT CATCH BASIN, TYPE L. F. 4 150.00 600.00 110.00 440.00 90.00 360.00 2506.516 CASTING ASSEMBLY TYPE R -1733 EACH 8 250.00 2,000.00 170.00 1,360.00 150.00 1,200.00 2506.516 CASTING ASSEMBLY TYPE R -3067 EACH 15 250.00 3,750.00 230.00 3,450.00 200.00 3,000.00 2506.516 CASTING ASSEMBLY TYPE R -4342 EACH 1 250.00 250.00 150.00 150.00 140.00 140.00 2506.522 ADJUST FRAME AND RING CASTING EACH 28 200.00 5,600.00 75.00 2,100.00 150.00 4,200.00 0506.602 CONNECTTO EXISTING STORM M.H. EACH 4 200.00 800.00 250.00 1,000.00 500.00 2,000.00 0506.603 REPAIR C.B. \M.H. L. F. 20.8 75.00 1,560.00 100.00 2,080.00 150.00 3,120.00 2521.501 4" CONCRETE WALK S. F. 14295 2.00 28,590.00 1.50 21,442.50 1.40 20,013.00 0521.603 CONCRETE PED. RAMP FOR BIT. TRAIL S. F. 1550 2.25 3,487.50 1.55 2,402.50 1.60 2,480.00 2531.501 CONCRETE CURB & GUTTER, DES B612 L. F. 4957 6.00 29,742.00 4.10 20,323.70 3.90 19,332.30 2531.501 CONCRETE CURB & GUTTER, DES B618 L. F. 6819 6.50 44,323.50 4.60 31,367.40 4.50 30,685.50 2531.503 4" CONCRETE MEDIAN S.Y. 575 2.25 1,293.75 12.50 7,187.50 12.50 7,187.50 2531.507 6" CONCRETE DRIVEWAY PAVEMENT S.Y. 475 25.00 11,875.00 20.50 9,737.50 20.50 9,737.50 2531.507 8' CONCRETE DRIVEWAY PAVEMENT S.Y. 73 30.00 2,190.00 24.00 1,752.00 24.00 1,752.00 0531.603 BUS SHELTER FOUNDATION S. F. 124 2.25 279.00 3.50 434.00 2.50 310.00 2535.501 BITUMINOUS CURB L. F. 120 2.75 330.00 9.00 1,080.00 8.00 960.00 2554.505 PERMANENT BARRICADES EACH 11 500.00 5,500.00 160.00 1,760.00 160.00 1,760.00 0563.601 TRAFFIC CONTROL L.S. 1 50000.00 50,000.00 40,000.00 40,000.00 15,000.00 15,000.00 0563.603 CHANNELIZING BARRELS EACH 35 50.00 1,750.00 68.00 2,380.00 70.00 2,450.00 2564.531 F &I SIGN PANELS TYPE 'C" S. F. 596 25.00 14,900.00 19.30 11,502.80 19.30 11,502.80 0564.602 F &I STREET NAME SIGNS EACH 11 60.00 660.00 170.00 1,870.00 170.00 1,870.00 0564.602 PAVEMENT MESSAGE (LEFT ARROW)- POLYPREFORN EACH 7 150.00 1,050.00 185.00 1,295.00 185.00 1,295.00 0564.602 PAVEMENT MESSAGE (LEFT ARROW) -PAINT EACH 1 50.00 50.00 35.00 35.00 35.00 35.00 0564.602 PAV EM ENT M ES SAGE (RIG HT ARROW) -POLY PREFOR EACH 2 150.00 300.00 185.00 370.00 185.00 370.00 0564.602 PAVEMENT MESSAGE (ONLY) POLY PREFORM EACH 8 250.00 2,000.00 240.00 1,920.00 240.00 1,920.00 0564.602 PAVEM ENT MESSAGE (ON LY) -PAINT EACH 1 60.00 60.00 50.00 50.00 50.00 50.00 0564.603 4" DOUBLE SOLID LINE YELLOW -POLY PREFORM L. F. 550 1.75 962.50 3.30 1,815.00 3.30 1,815.00 0564.603 4' DOUBLE SOLID LINE YELLOW -PAINT L. F. 1400 0.50 700.00 0.80 1,120.00 0.80 1,120.00 0564.603 4" SOLID LINE WHITE POLY PREFORM L. F. 1600 1.75 2,800.00 1.70 2,720.00 1.65 2,640.00 0564.603 4" SOLID LINE WHITE -PAINT L. F. 150 0.50 75.00 0.60 90.00 0.60 90.00 0564.603 8" SOLID LINE YELLOW- PAINT L. F. 250 1.00 250.00 1.00 250.00 0.90 225.00 0564.603 4" BROKEN LINE WHITE -POLY PREFORM L. F. 1100 1.75 1,925.00 2.00 2,200.00 2.00 2,200.00 0564.603 24' STOP LINE -WHITE POLY PREFORM L. F. 220 10.00 2,200.00 8.40 1,848.00 8.50 1,870.00 0564.603 24' STOP LINE WHITE- PAINT L. F. 150 1.50 225.00 2.00 300.00 1.90 285.00 0564.604 CROSSWALK - POLY PREFORM S. F. 1500 5.00 7,500.00 4.70 7,050.00 4.70 7,050.00 0564.604 CROSSWALK - PAINT S. F. 900 0.50 450.00 1.40 1,260.00 1.35 1,215.00 0565.604 REVISE SIGNAL SYSTEM 'A" SYSTEM 1 85,000.00 85,000.00 74,500.00 74,500.00 74,250.00 74,250.00 2565.511 FULL - TRAFFIC - ACTUATED - TRAFFIC SIGNAL SYSTEM 1 90,000.00 90,000.00 80,500.00 80,500.00 80,300.00 80,300.00 PAGE NO. 3 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 ENGINEERS EST. S.M. HENTGES & SONS,INC. BROWN & CRIS ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST, NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE CONTROL SIGNAL SYSTEM 'B 2573.501 BALE CHECKS EACH 60 5.00 300.00 5.00 300.00 6.00 360.00 2573.502 SILT FENCE, HRAVY DUTY L. F. 450 3.00 1,350.00 2.00 900.00 3,00 1,350.00 2575.505 SODDING, TYPE LAWN AND BOUEVARD S.Y. 21500 1.75 37,625.00 1.50 32,250.00 1.25 26,875.00 2580.502 TEMPORARY LANE MARKING L. F. 1000 0.30 300.00 4.50 4,500.00 4.25 4,250.00 ------------ ------ - - - - -- ------ - - - - -- TOTAL $1,834,388.75 $1,499,942.80 $1,514,315.15 I i I PAGE NO. 4 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 I RCON CONST. CO. INC. C.S. MCCROSSAN,INC. THOMAS & SONS CONST., INC. ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 2021.501 MOBILIZATION L.S. 1 80,000.00 80,000.00 72,000.00 72,000.00 40,000.00 40,000.00 2031.501 FIELD OFFICE TYPE D L.S. 1 3,000.00 3,000.00 2,800.00 2,800.00 5,000.00 5,000.00 2101.502 CLEARING TREE 68 125.00 8,500.00 78.00 5,304.00 175.00 11,900.00 2101.507 GRUBBING TREE 68 125.00 8,500.00 78.00 5,304.00 75.00 5,100.00 0101.602 PROTECTTREE EACH 47 50.00 ..2,350.00 35.00 1,645.00 50.00 2,350.00 2103.501 BUILDING REMOVAL #4300 L.S. 1 5,000.00 5,000.00 6,100.00 6,100.00 6,500.00 6,500.00 2103.501 BUILDING REMOVAL #6900 L.S. 1 6,500.00 6,500.00 4,850.00 4,850.00 7,500.00 7,500.00 0103.602 BUILDING FOUNDATION REMOVAL EACH 22 750.00 16,500.00 790.00 17,380.00 800.00 17,600.00 2104.501 REMOVE R.C.P. STORM SEWER L.F. 579 12.00 6,948.00 4.00 2,316.00 6.00 3,474.00 2104.501 REMOVE 8' VCP SAN. SEWER L.F. 90 10.00 900.00 10.00 900.00 5.00 450.00 2104.501 REMOVE 21'C.M.P. SAN. SEWER L.F. 65 20.00 1,300.00 4.00 260.00 5.00 325.00 2104.501 REMOVE FENCE L.F. 1270 3.00 3,810.00 1.50 1,905.00 2.00 2,540.00 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT S.Y. 176 7.00 1,232.00 4.50 792.00 6.00 1,056.00 2104.509 REMOVE MANHOLE EACH 1 500.00 500.00 100.00 100.00 150.00 150.00 2104.509 REMOVE GARAGE SLAB EACH 14 150.00 2,100.00 158.00 2,212.00 300.00 4,200.00 2104.509 REMOVE WATER SERVICE EACH 30 300.00 9,000.00 250.00 7,500.00 350.00 10,500.00 2104.511 SAWING CONCRETE PAVEMENT L.F. 32 8.00 256.00 5.25 168.00 5.00 160.00 2104.513 SAWING BITUMINOUS PAVEMENT L.F. 550 3.00 1,650.00 2.00 1,100.00 4.00 2,200.00 2104.523 SALVAGE HYDRANT& G. V. PLUG TEE EACH 6 350.00 2,100.00 650.00 3,900.00 450.00 2,700.00 2104.523 SALVAGE CASTINGS EACH 27 75.00 2,025.00 85.00 2,295.00 80.00 2,160.00 2104.523 SALVAGE AND INSTALL MAILBOX EACH 24 50.00 1,200.00 55.00 1,320.00 50.00 1,200.00 2104.525 ABANDON M.H. EACH 10 400.00 4,000.00 150.00 1,500.00 100.00 1,000.00 0104.603 ABANDON 21' C.M.P. SAN. SEWER L.F. 1920 10.00 19,200.00 6.30 12,096.00 5.00 9,600.00 2105.501 COMMON EXCAVATION (P) C.Y. 23207 4.00 92,828.00 3.60 83,54520 4.75 110,233.25 2105.505 MUCK EXCAVATION C.Y. 2965 4.00 11,860.00 6.00 17,790.00 4.75 14,083.75 2105.525 TOPSOIL BORROW (LV.) C.Y. 1915 8.50 16,277.50 7.30 13,979.50 7.00 13,405.00 2105.535 SALVAGE TOPSOIL (LV.) C.Y. 450 0.01 4.50 4.25 1,912.50 5.00 2,250.00 2112.501 SUBGRADE PREPARATION RD.STA. 2 200.00 400.00 400.00 800.00 400.00 800.00 0112.603 i' SUBCUT FOR UNIFORM COMPACTION RD.STA. 29 300.00 8,700.00 750.00 21,750.00 200.00 5,800.00 2130.501 WATER FOR DUST CONTROL 1000(M)GAL 100 30.00 3,000.00 20.00 2,000.00 25.00 2,500.00 2211.501 AGG. BASE CL 5 100% CRUSHED TON 14990 7.00 104,930.00 8.25 123,667.50 7.75 116,17250 2331.508 TYPE 41A WEARING COURSE MIXTURE TON 2225 20.00 44,500.00 18.80 41,630.00 20.15 44,833.75 2331.510 TYPE 31 BINDER COURSE MIXTURE TON 2130 17.30 36,849.00 18.30 38,979.00 17.40 37,062.00 2331.514 TYPE 31 BASE COURSE MIXTURE TON 3873 16.85 65,260.05 18.10 70,101.30 17.00 65,841.00 2341.518 BITUMINOUS MIXTURE FOR PATCHING TON 315 41.75 13,15125 60.00 18,900.00 42.10 13,26150 0341.601 2' BITUMINOUS BIKE TRAIL S.Y. 3397 7.15 24,288.55 8.80 29,893.60 7.20 24,458.40 2357.502 BITUMINOUS MATERIAL FOR TACKCOAT GAL. 2400 1.70 4,080.00 0.95 2,280.00 1.65 3,960.00 0411.603 PRECAST CONC. BLOCK RETAINING WALL S.F. 1300 10.00 13,000.00 13.50 17,550.00 10.25 13,325.00 0451.602 CRUSHED ROCK PIPE FOUNDATION TON 1765 6.50 11,472.50 6.05 10,678.25 0.10 176.50 0451.602 REPLACEMENT BACKFILL TON 2000 0.01 20.00 3.50 7,000.00 0.10 200.00 0452.602 TRENCH SHEETING S. F. 3200 0.01 32.00 10.00 32,000.00 0.10 320.00 0503.602 STANDARD MANHOLE, 8' DEEP EACH 18 1,265.00 22,770.00 1,815.00 32,670.00 1,200.00 21,600.00 0503.602 8'X 6' WYE EACH 10 50.00 500.00 60.00 600.00 150.00 1,500.00 PAGE NO. 5 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 ' BID TABULATION BID DATE 4 -1 -92 ARCON CONST, CO. INC. C,S. MCCROSSAN,INC. THOMAS & SONS CONST., INC. ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 0503.602 18'X 6' WYE EACH 2 220.00 440.00 250.00 500.00 230.00 460.00 0503.602 CONNECT TO EXISTING SERVICE EACH 12 425.00 5,100.00 185.00 2,220.00 200.00 2,400.00 0503.602 CONNECT TO EXISTING SANITARY MANHOLE EACH 1 4,000.00 4,000.00 350.00 350.00 350.00 350.00 0503.602 CONNECTTO EXISTING FORCEMAIN EACH 1 500.00 500.00 1,500.00 1,500.00 1,500.00 1,500.00 0503.603 6' DIP FORCEMAIN L.F. 190 27.00 5,130.00 22.60 4,294.00 25.00 4,750.00 0503.603 8' D.I.P. SEWER PIPE L.F. 35 26.40 924,00 29.40 1,029.00 40.00 1,400.00 0503.603 8' PVC SEWER PIPE 0' -8' DEEP L.F. 5 20.30 101.50 13.50 67.50 14.00 70.00 0503.603 8' PVC SEWER PIPE 8' -10' DEEP L.F. 867 20.30 17,600.10 15.10 13,091.70 14.00 12,138.00 0503.603 8' PVC SEWER PIPE 10' -12' DEEP L.F. 830 20.30 16,849.00 16.40 13,612.00 16.00 13,280.00 0503.603 8" PVC SEWER PIPE 12' -14' DEEP L.F. 107 20.30 2,172.10 18.00 1,926.00 18.00 1,926.00 0503.603 8' PVC SEWER PIPE 14' -16' DEEP LF. 53 20.30 1,075.90 20.00 1,060.00 20.00 1,060,00 0503.603 8' PVC SEWER PIPE 16' -18' DEEP L.F. 57 20.30 1,157.10 26.05 1,484.85 22.00 1,254.00 0503.603 8' PVC SEWER PIPE 19 -20' DEEP L.F. 78 20.30 1,583.40 28.25 2,203.50 24.00 1,872.00 0503.603 8" PVC SEWER PIPE 29 -22' DEEP L.F. 97 20.30 1,969.10 30.90 2,997.30 38.00 3,686.00 0503.603 18' PVC SEWER PIPE 16' -18' DEEP L.F. 1458 49.10 71,587.80 36.50 53,217.00 49.00 71,442.00 0503.603 18' PVC SEWER PIPE 18' -20' DEEP L.F. 135 49.10 6,628.50 39.15 5,285.25 59.00 7,965.00 0503.603 18' PVC SEWER PIPE 20' -22' DEEP L.F. 50 49.10 2,455.00 42.40 2,120.00 59.00 2,950.00 0503.603 6" PVC SAN. SEWER SERVICE L.F. 480 21.80 10,464.00 15.05 7,224.00 20.00 9,600.00 0503.603 REHABILITATE SAN. SEWER L.F. 540 143.00 77,220.00 150.15 81,081.00 150.00 81,000.00 0503.603 EXCESS DEPTH, STANDARD MANHOLE L.F. 74.9 70.00 5,243.00 90.00, 6,741.00 85.00 6,366.50 0503.603 OUTSIDE DROP L.F. 21 150.00 3,150.00 65.00 1,365.00 300.00 6,300.00 0503.605 2' POLYSTRENE INSULATION SQ. YD. 214 11.00 2,354.00 12.00 2,568.00 10.00 2,140.00 0504.602 6' G.V. & BOX EACH 9 410.00 3,690.00 475.00 4,275.00 450.00 4,050.00 0504.602 10" G.V. & BOX EACH 1 720.00 720.00 750.00 750.00 1,000.00 1,000.00 0504.602 16' B.F. VALVE & MANHOLE EACH 4 4,150.00 16,600.00 4,510.00 18,040.00 4,200.00 16,800.00 0504.602 10' X 10' TAPPING SLEEVE& 10' G.V.& BOX EACH 1 2,550.00 2,550.00 1,625.00 1,625.00 1,800.00 1,800.00 0504.602 12'X 12' TAPPING SLEEVE & 12" G.V. & BOX EACH 1 3,250.00 3,250.00 1,850.00 1,850.00 2,400.00 2,400.00 0504.602 ADJUST GATE VALVE BOX EACH 11 110.00 1,210.00 130.00 1,430.00 150.00 1,650.00 0504.602 EXCAVATE W.M. FITTING, HYD.AND VALVE EACH 31 400.00 12,400.00 550.00 17,050.00 350.00 10,850.00 0504.602 REPLACE W.M. BOLTS EACH 568 7.50 4,260.00 7.50 4,260.00 7.00 3,976.00 0504.602 HYDRANT EACH 7 1,475.00 10,325.00 1,705.00 11,935.00 2,000.00 14,000.00 0504.602 CONNECT TO EXISTING WATERMAIN EACH 2 600.00 1,200.00 1,200.00 2,400.00 1,200.00 2,400.00 0504.602 SPRINKLER SYSTEM METER M.H. EACH 1 11,500.00 11,500.00 12,795.00 12,795.00 13,000.00 13,000.00 0504.602 SPRINKLER SYSTEM EQUIPMENT BOX EACH 2 4,000.00 8,000.00 5,790.75 11,581.50 4,500.00 9,000.00 0504.603 6' DIP WATERMAIN, CL 52 L.F. 290 22.65 6,568.50 36.35 10,541.50 25.00 7,250.00 0504.603 10' DIP WATERMAIN, CL 52 L.F. 17 31.30 532.10 42.24 718.08 40.00 680.00 0504.603 12' DIP WATERMAIN, CL 52 L.F. 170 34.05 5,788.50 33.30 5,661.00 40.00 6,800.00 0504.603 16' DIP WATERMAIN, CL 52 L.F. 3260 34.70 113,122.00 34.50 112,470.00 45.00 146,700.00 0504.603 30' JACKED STEEL CASING L.F. 180 115.00 20,700.00 160.00 28,800.00 130.00 23,400.00 0504.603 4" P.V.C. CONDUIT L.F. 56 11.40 638.40 15.15 848.40 10.00 560.00 0504.603 6' P.V.C. CONDUIT L.F. 801 11.90 9,531.90 12.80. 10,252.80 5.50 4,405.50 0504.620 DIP FITTINGS LB. 10316 0.01 103.16 1.05 10,831.80 1.50 15,474.00 2503.541 15' RCP STORM SEWER, DES.3006,CL V L.F. 1299 24.50 31,825.50 22.80 29,617.20 24.00 31,176A0 PAGE NO. 6 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 ARCON CONST. CO. INC. C.S. MCCROSSAN,INC. THOMAS & SONS CONST., INC. ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 2506.506 CONSTRUCT MANHOLE TYPE B -48' L.F. 4.7 140.00 658.00 175.00 .822.50 175.00 822.50 2506.506 CONSTRUCT MANHOLE TYPE B -60' LF. 8.6 200.00 1,720.00 215.00 1,849.00 280.00 2,408.00 2506.507 CONSTRUCT CATCH BASIN, TYPE LF. 26.6 135.00 3,591.00 165.00 4,389.00 180.00 4,788.00 2506.507 CONSTRUCT CATCH BASIN, TYPE B -48' L.F. 41.5 135.00 5,602.50 165.00 6,847.50 180.00 7,470.00 2506.507 CONSTRUCT CATCH BASIN, TYPE B -60' L.F. 19 200.00 3,800.00 205.00 3,895.00 280.00 5,320.00 2506.507 CONSTRUCT CATCH BASIN, TYPE X L.F. 4 100.00 400.00 145.00 580.00 175.00 700.00 2506.516 CASTING ASSEMBLY TYPE R -1733 EACH 8 275.00 2,200.00 280.00 2,240.00 300.00 2,400.00 2506.516 CASTING ASSEMBLY TYPE R -3067 EACH 15 265.00 3,975.00 350.00 5,250.00 300.00 4,500.00 2506.516 CASTING ASSEMBLY TYPE R -4342 EACH 1 180.00 180.00 265.00 265.00 300.00 300.00 2506.522 ADJUST FRAME AND RING CASTING EACH 28 150.00 4,200.00 125.00 3,500.00 150.00 4,200.00 0506.602 CONNECT TO EXISTING STORM M.H. EACH 4 250.00 1,000.00 200.00 800.00 150.00 600.00 0506.603 REPAIR C.B.\M.H. L.F. 20.8 75.00 1,560.00 105.00 2,184.00 175.00 3,640.00 2521.501 4' CONCRETE WALK S.F. 14295 1.60 22,872.00 1.51 21,585.45 1.64 23,443.80 0521.603 CONCRETE PED. RAMP FOR BIT. TRAIL S.F. 1550 1.80 2,790.00 1.84 2,852.00 2.00 3,100.00 2531.501 CONCRETE CURB & GUTTER, DES B612 L.F. 4957 4.90 24,289.30 4.21 20,868.97 4.79 23,744.03 2531.501 CONCRETE CURB & GUTTER, DES B618 L.F. 6819 4.85 33,072.15 4.73 32,253.87 5.19 35,390.61 2531.503 4' CONCRETE MEDIAN S.Y. 575 1.55 891.25 13.23 7,607.25 13.45 7,733.75 2531.507 W CONCRETE DRIVEWAY PAVEMENT S.Y. 475 18.50 8,787.50 18.90 8,977.50 23.00 10,925.00 2531.507 8' CONCRETE DRIVEWAY PAVEMENT S.Y. 73 22.10 1,613.30 27.83 2,031.59 27.00 1,971.00 0531.603 BUS SHELTER FOUNDATION S.F. 124 2.40 297.60 3.50 434.00 4.00 496.00 2535.501 BITUMINOUS CURB LF. 120 8.25 990.00 4.80 576.00 8.45 1,014.00 2554.505 PERMANENT BARRICADES EACH 11 160.00 1,760.00 168.00 1,848.00 166.00 1,826.00 0563.601 TRAFFIC CONTROL L.S. 1 70,000.00 70,000.00 13,000.00 13,000.00 45,000.00 45,000.00 0563.603 CHANNELIZING BARRELS EACH 35 125.00 4,375.00 69.30 2,425.50 72.00 2,520.00 2564.531 F &I SIGN PANELS TYPE'C' S.F. 596 19.30 11,502.80 20.26 12,074.96 20.00 11,920.00 0564.602 F &I STREET NAME SIGNS EACH 11 170.00 1,870.00 178.50 1,963.50 176,00 1,936.00 0564.602 PAVEMENT MESSAGE (LEFT ARROW) -POLY PREFORM EACH 7 185.00 1,295.00 194.25 1,359.75 192.00 1,344.00 0564.602 PAVEMENTMESSAGE (LEFT ARROW) -PAINT EACH 1 35.00 35.00 36.75 36.75 36.00 36.00 0564.602 PAVEMENT MESSAGE (RIGHT ARROW) -POLY PREFOR EACH 2 185.00 370.00 194.25 388.50 192.00 384.00 0564.602 PAVEMENT MESSAGE (ONLY) POLY PREFORM EACH 8 240.00 1,920.00 252.00 2,016.00 250.00 2,000.00 0564.602 PAVEMENTMESSAGE (ONLY) -PAINT EACH 1 46.00 46.00 48.30 48.30 48.00 48.00 0564.603 4' DOUBLE SOLID LINE YELLOW -POLY PREFORM L.F. 550 3.26 1,793.00 3.42 1,881.00 3.40 1,870.00 0564.603 4' DOUBLE SOLID LINE YELLOW -PAINT L.F. 1400 0.78 1,092.00 0.82 1,148.00 0.81 1,134.00 0564.603 4' SOLID LINE WHITE POLY PREFORM L.F. 1600 1.63 2,608.00 1.71 2,736.00 1.70 2,720.00 0564.603 4' SOLID LINE WHITE -PAINT L.F. 150 0.57 85.50 0.60 90.00 0.59 88.50 0564.603 8' SOLID LINE YELLOW -PAINT L.F. 250 0.90 225.00 0.95 237.50 0.94 235.00 0564.603 4' BROKEN LINE WHITE -POLY PREFORM L.F. 1100 1.92 2,112.00 2.02 2,222.00 2.00 2,200.00 0564.603 24' STOP LINE -WHITE POLY PREFORM L.F. 220 8.32 1,830.40 8.74 1,922.80 8.65 1,903.00 0564.603 24' STOP LINE WHITE- E WH TE PAINT L.F. 150 1.84 00 276. 1.93 289.50 1.91 286.50 0564.604 CROSSWALK - POLY PREFORM S.F. 1500 4.70 7,050.00 4.93 7,395.00 4.89 7,335.00 0564.604 CROSSWALK - PAINT S.F. 900 1.34 1,206.00 1.41 1,269.00 1.39 1,251.00 0565.604 REVISE SIGNAL SYSTEM 'A" SYSTEM 1 75,000.00 75,000.00 77,960.40 77,960.40 75,730.00 75,730.00 2565.511 FULL - TRAFFIC - ACTUATED- TRAFFIC SIGNAL SYSTEM 1 81,000.00 81,000.00 84,281.40 84,281.40 81,870.00 81,870.00 PAGE NO. 7 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 ARCON CONST. CO. INC. C.S. MCCROSSAN,INC. THOMAS & SONS CONST., INC. ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE CONTROL SIGNAL SYSTEM 'B 2573.501 BALE CHECKS EACH 60 5.00 300.00 5.25 315.00 5.00 300.00 2573.502 SILT FENCE, HRAVY DUTY L. F. 450 3.00 1,350.00 3.50 1,575.00 4.50 2,025.00 2575.505 SODDING, TYPE LAWN AND BOUEVARD S.Y. 21500 1.24 26,660.00 1.37 29,455.00 1.55 33,325.00 2580.502 TEMPORARY LANE MARKING L. F. 1000 4.25 4,250.00 0.25 250.00 4.25 4,250.00 TOTAL $1,587,215.21 $1,603,340.72 $1,609,232.34 PAGE NO. 8 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 HARDRIVES INC. RYAN CONTRACTING INC. NORTHDALE CONST. CO.,INC ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 2021.501 MOBILIZATION L.S. 1 135,000.00 135,000.00 80,000.00 80,000.00 31,500.00 31,500.00 2031.501 FIELD OFFICE TYPE D L.S. 1 5,000.00 5,000.00 10,000.00 10,000.00 9,500.00 9,500.00 2101.502 CLEARING TREE 68 185.00 12,580.00 80.00 5,440.00 125.00 8,500.00 2101.507 GRUBBING TREE 68 52.50 3,570.00 60.00 4,080.00 125.00 8,500.00 0101.602 PROTECTTREE EACH 47 50.00 2,350.00 60.00 2,820.00 250.00 11,750.00 2103.501 BUILDING REMOVAL #4300 L.S. 1 5,250.00 5,250.00 13,000.00 13,000.00 6,500.00 6,500.00 2103.501 BUILDING REMOVAL #6900 L.S. 1 8,400.00 8,400.00 13,000.00 13,000.00 7,100.00 7,100.00 0103.602 BUILDING FOUNDATION REMOVAL EACH 22 3,150.00 69,300.00 2,000.00 44,000.00 850.00 18,700.00 2104.501 REMOVE R.C.P. STORM SEWER LF. 579 5.25 3,039.75 8.00 4,632.00 8.50 4,921.50 2104.501 REMOVE 8' VCP SAN. SEWER LF, 90 7.35 661.50 14.00 1,260.00 35.00 3,150.00 2104.501 REMOVE 21' C.M.P. SAN. SEWER L.F. 65 7.35 477.75 28.00 1,820.00 40.00 2,600.00 2104.501 REMOVE FENCE LF. 1270 2.00 2,540.00 5.00 6,350.00 3.50 4,445.00 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT S.Y. 176 8.00 1,408.00 10.00 1,760.00 5.00 880.00 2104.509 REMOVE MANHOLE EACH 1 400.00 400.00 350.00 350.00 1,000.00 1,000.00 2104.509 REMOVE GARAGE SLAB EACH 14 210.00 2,940.00 400.00 5,600.00 180.00 2,520.00 2104.509 REMOVE WATER SERVICE EACH 30 105.00 3,150.00 350.00 10,500.00 300.00 9,000.00 2104.511 SAWING CONCRETE PAVEMENT L. F. 32 8.00 256.00 4.00 128.00 8.00 256.00 2104.513 SAWING BITUMINOUS PAVEMENT L. F. 550 1.50 825.00 3.00. 1,650.00 7.00 3,850.00 2104.523 SALVAGE HYDRANT& G. V. PLUG TEE EACH 6 525.00 3,150.00 515.00 3,090.00 450.00 2,700.00 2104.523 SALVAGE CASTINGS EACH 27 50.00 1,350.00 100.00 2,700.00 100.00 2,700.00 2104.523 SALVAGE AND INSTALL MAILBOX EACH 24 75.00 1,800.00 100.00 2,400.00 75.00 1,800.00 2104.525 ABANDON M.H. EACH 10 370.00 3,700.00 175.00 1,750.00 500.00 5,000.00 0104.603 ABANDON 21' C.M.P. SAN. SEWER L. F. 1920 7.00 13,440.00 11.00 21,120.00 6.50 12,480.00 2105.501 COMMON EXCAVATION (P) C.Y. 23207 2.31 53,608.17 5.50 127,638.50 4.10 95,148.70 2105.505 MUCK EXCAVATION C.Y. 2965 3.15 9,339.75 4.00 11,860.00 4.70 13,935.50 2105.525 TOPSOIL BORROW (LV.) C.Y. 1915 8.00 15,320.00 4.00 7,660.00 8.50 16,277.50 2105.535 SALVAGE TOPSOIL (L.V.) C.Y. 450 2.10 945.00 4.00 1,800.00 4.50 2,025.00 2112.501 SUBGRADE PREPARATION RD.STA. 2 200.00 400.00 300.00 600.00 125.00 250.00 0112.603 1' SUBCUT FOR UNIFORM COMPACTION RD.STA. 29 500.00 14,500.00 300.00 8,700.00 210.00 6,090.00 2130.501 WATER FOR DUST CONTROL 1000(M)GAL. 100 20.00 2,000.00 1.00 100.00 22.00 2,200.00 2211.501 AGG. BASE CL 5 100% CRUSHED TON 14990 7.50 112,425.00 7.65 114,673.50 8.00 119,920.00 2331.508 TYPE 41A WEARING COURSE MIXTURE TON 2225 21.35 47,503.75 21.35 47,503.75 21.70 48,282.50 2331.510 TYPE 31 BINDER COURSE MIXTURE TON 2130 19.00 40,470.00 19.00 40,470.00 18.80 40,044.00 2331.514 TYPE 31 BASE COURSE MIXTURE TON 3873 19.00 73,587.00 19.00 73,587.00 18.35 71,069.55 2341.518 BITUMINOUS MIXTURE FOR PATCHING TON 315 60.00 18,900.00 70.00 22,050.00 45.45 14,316.75 0341.601 2' BITUMINOUS BIKE TRAIL S.Y. 3397 6.00 20,382.00 6.50 22,080.50 7.70 26,156.90 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 2400 1.00 2,400.00 1.50 3,600.00 1.80 4,320.00 0411.603 PRECASTCONC. BLOCK RETAINING WALL S. F. 1300 12.00 15,600.00 12.00 15,600.00 11.00 14,300.00 0451.602 CRUSHED ROCK PIPE FOUNDATION TON 1765 10.00 17,650.00 7.00 12,355.00 8.00 14,120.00 0451.602 REPLACEMENT BACKFILL TON 2000 5.25 10,500.00 3.00 6,000.00 6.50 13,000.00 0452.602 TRENCH SHEETING S. F. 3200 2.20 7,040.00 5.00 16,000.00 7.50 24,000.00 0503.602 STANDARD MANHOLE, 8" DEEP EACH 18 1,260.00 22,680.00 1,138.00 20,484.00 1,350.00 24,300.00 0503.602 8"X 6' WYE EACH 10 80.00 800.00 192.00 1,920.00 40.00 400.00 PAGE NO. 9 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4-1-92 ARDRIVES INC. RYAN CONTRACTING INC. NORTHDALE CONST. CO., INC ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 0503.602 18" X 6' WYE EACH 2 126.00 252.00 513.00 1,026.00 250.00 500.00 0503.602 CONNECTTO EXISTING SERVICE EACH 12 265.00 3,180.00 191.00 2,292.00 500.00 6,000.00 0503.602 CONNECT TO EXISTING SANITARY MANHOLE EACH 1 370.00 370.00 5,600.00 5,600.00 7,500.00 7,500.00 0501602 CONNECT TO EXISTING FORCEMAIN EACH 1 315.00 315.00 1,400.00 1,400.00 650.00 650.00 0503.603 6' DIP FORCEMAIN L.F. 190 15.00 2,850.00 20.00 3,800.00 16.50 3,135.00 0503.603 8' D.I.P. SEWER PIPE L. F. 35 17.00 595.00 59.00 2,065.00 28.00 980.00 0503.603 8' PVC SEWER PIPE 0' -8' DEEP L. F. 5 21.00 105.00 24.00 120.00 21.00 105.00 0503.603 8" PVC SEWER PIPE 8' -10' DEEP L. F. 867 21.00 18,207,00 24.00 .20,808.00 21.00 18,207.00 0503.603 8' PVC SEWER PIPE 10' -12' DEEP L. F, 830 21.00 17,430.00 24.00 19,920.00 23.00 19,090.00 0503.603 8" PVC SEWER PIPE 12' -14' DEEP L. F. 107 21.00 2,247.00 24.00 2,568.00 25.00 2,675.00 0503.603 8' PVC SEWER PIPE 14' -16' DEEP L. F. 53 21.00 1,113.00 24.00 1,272.00 27.00 1,431.00 0503.603 8' PVC SEWER PIPE 16-18' DEEP L. F. 57 21.00 1,197.00 24.00 1,368.00 29.00 1,653.00 0503.603 8" PVC SEWER PIPE 18' -20' DEEP L. F. 78 21.00 1,638.00 24.00 1,872.00 31.00 2,418.00 0503.603 8' PVC SEWER PIPE 20' -22' DEEP L. F. 97 21.00 2,037.00 24.00 2,328.00 33.00 3,201.00 0503.603 18' PVC SEWER PIPE 16' -18' DEEP L. F. 1458 31.50 45,927.00 38.00 55,404.00 59.00 86,022.00 0503.603 18' PVC SEWER PIPE 18' -20' DEEP L. F. 135 31.50 4,252.50 38.00 5,130.00 59.50 8,032.50 0503.603 18' PVC SEWER PIPE 20' -22' DEEP L. F. 50 31.50 1,575.00 38.00 1,900.00 60.00 3,000.00 0503.603 6' PVC SAN. SEWER SERVICE L. F. 480 8.50 4,080.00 15.00 7,200.00 14.00 6,720.00 0503.603 REHABILITATE SAN. SEWER L. F. 540 191.00 103,140.00 157.00 84,780.00 163.00 88,020.00 0503.603 EXCESS DEPTH, STANDARD MANHOLE L. F. 74.9 84.00 6,291.60 61.00 4,568.90 70.00 5,243.00 0503.603 OUTSIDE DROP L. F. 21 160.00 3,360.00 288.00 6,048.00 130.00 2,730.00 0503.605 2" POLYSTRENE INSULATION SQ. YD. 214 8.50 1,819.00 13.00 2,782.00 7.50 1,605.00 0504.602 6' G.V. & BOX EACH 9 420.00 3,780.00 431.00 3,879.00 400.00 3,600.00 0504.602 10' G.V. & BOX EACH 1 735.00 735.00 883.00 883.00 775.00 775.00 0504.602 16' B. F. VALVE & MANHOLE EACH 4 2,730.00 10,920.00 3,685.00 14,740.00 4,050.00 16,200.00 0504.602 10'X 10' TAPPING SLEEVE & 10' G.V. & BOX EACH 1 2,100.00 2,100.00 2,328.00 2,328.00 2,500.00 2,500.00 0504.602 12"X 12' TAPPING SLEEVE & 12' G.V. & BOX EACH 1 2,365.00 2,365.00 2,578.00 2,578.00 3,000.00 3,000.00 0504.602 ADJUST GATE VALVE BOX EACH 11 115.00 1,265.00 150.00 1,650.00 120.00 1,320.00 0504.602 EXCAVATE W.M. FITTING, HYD.AND VALVE EACH 31 315.00 9,765.00 350.00 10,850.00 750.00 23,250.00 0504.602 REPLACE W.M. BOLTS EACH 568 6.30 3,578.40 4.80 2,726.40 9.00 5,112.00 0504.602 HYDRANT EACH 7 1,575.00 11,025.00 1,315.00 9,205.00 1,450.00 10,150.00 0504.602 CONNECT TO EXISTING WATERMAIN EACH 2 370.00• 740.00 700.00 1,400.00 1,000.00 2,000.00 0504.602 SPRINKLER SYSTEM METER M.H. EACH 1 11,000.00 '11,000.00 10,872.00 10,872.00 9,000.00 9,000.00 0504.602 SPRINKLER SYSTEM EQUIPMENT BOX EACH 2 4,200.00 8,400.00 3,925.00 7,850.00 4,400.00 8,800.00 0504.603 6' DIP WATERMAIN, CL 52 L. F. 290 14.00 4,060.00 15.55 4,509.50 17.00 4,930.00 0504.603 10' DIP WATERMAIN, CL 52 L. F. 17 21.00 357.00 20.00 340.00 26.00 442.00 0504.603 12' DIP WATERMAIN, CL 52 L. F. 170 24.50 4,165.00 23.35 3,969.50 27.00 4,590.00 0504.603 16' DIP WATERMAIN, CL 52 L. F. 3260 32.00 104,320.00 30.40 99,104.00 30.35 98,941.00 0504.603 30'JACKED STEEL CASING L. F. 180 185.00 33,300.00 178.00 32,040.00 160.00 28,800.00 0504.603 4' P.V.C. CONDUIT L. F. 56 4.20 235.20 5.00 280.00 10.50 588.00 0504.603 6' P.V.C. CONDUIT L. F. 801 5.25 4,205.25 5.05 4,045.05 12.50 10,012.50 0504.620 DIP FITTINGS LB. 10316 1.26 12,998.16 1.05 10,831.80 2.10 21,663.60 2503.541 15' RCP STORM SEWER, DES.3006,CL V L. F. 1299 18.00 23,382.00 19.80 25,720.20 28.50 37,021.50 PAGE NO. 10 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 ARDRIVES INC. RYAN CONTRACTING INC. ORTHDALE CONST. CO.,INC ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 2506.506 CONSTRUCT MANHOLE TYPE B -48' L.F. 4.7 150.00 705.00 167.00 784.90 180.00 846.00 2506.506 CONSTRUCT MANHOLE TYPE B-60' L.F. 8.6 220.00 1,892.00 222.00 1,909.20 205.00 1,763.00 2506.507 CONSTRUCT CATCH BASIN, TYPE L.F. 26.6 74.00 1,968.40 162.00 4,309.20 207.00 5,506.20 2506.507 CONSTRUCT CATCH BASIN, TYPE B -48' LF. 41.5 126.00 5,229.00 150.00 6,225.00 155.00 6,432.50 2506.507 CONSTRUCT CATCH BASIN, TYPE B -60' L.F. 19 220.00 4,180.00 230.00 4,370.00 190.00 3,610.00 2506.507 CONSTRUCT CATCH BASIN, TYPE L.F. 4 116.00 464.00 138.00 552.00 210.00 840.00 2506.516 CASTING ASSEMBLY TYPE R -1733 EACH 8 180.00 1,440.00 219.00 1,752.00 170.00 1,360,00 2506.516 CASTING ASSEMBLY TYPE R -3067 EACH 15 240.00 3,600.00 284.00 4,260.00 250.00 3,750.00 2506.516 . CASTING ASSEMBLY TYPE R -4342 EACH 1 160.00 160.00 212.00 212.00 160.00 160.00 2506.522 ADJUST FRAME AND RING CASTING EACH 28 260.00 7,280.00 150.00 4,200.00 150.00 4,200.00 0506.602 CONNECT TO EXISTING STORM M.H. EACH 4 260.00 1,040.00 700.00 2,800.00 750.00 3,000.00 0506.603 REPAIR C.B. \M.H. L.F. 20.8 105.00 2,184.00 160.00 3,328.00 275.00 5,720.00 2521.501 4' CONCRETE WALK S.F. 14295 1.50 21,442.50 1.30 18,583.50 1.60 22,872.00 0521.603 CONCRETE PED. RAMP FOR BIT. TRAIL S.F. 1550 2.65 4,107.50 2.50 3,875.00 1.95 3,022.50 2531.501 CONCRETE CURB& GUTTER, DES B612 LF. 4957 4.40 21,810.80 4.50 22,306.50 4.41 21,860.37 2531.501 CONCRETE CURB & GUTTER, DES B618 L.F. 6819 4.90 33,413.10 4.50 30,685.50 4.95 33,754.05 2531.503 4' CONCRETE MEDIAN S.Y. 575 13.00 7,475.00 12.00 6,900.00 13.90 7,992.50 2531.507 6' CONCRETE DRIVEWAY PAVEMENT S.Y. 475 19.00 9,025.00 22.00 10,450.00 20.00 9,500.00 2531.507 8' CONCRETE DRIVEWAY PAVEMENT S.Y. 73 22.00 1,606.00 24.00 1,752.00 29.20 2,131.60 0531.603 BUS SHELTER FOUNDATION S.F. 124 3.50 434.00 3.50 434.00 3.90 483.60 2535.501 BITUMINOUS CURB L.F. 120 4.00 480.00 4.50 540.00 9.08 1,089.60 2554.505 PERMANENT BARRICADES EACH 11 170.00 1,870.00 160.00 1,760.00 200.00 2,200.00 0563.601 TRAFFIC CONTROL L.S. 1 35,000.00 35,000.00 7,500.00 7,500.00 29,500.00 29,500.00 0563.603 CHANNELIZING BARRELS EACH 35 75.00 2,625.00 70.00 2,450.00 125.00 4,375.00 2564.531 F &I SIGN PANELS TYPE'C' S.F. 596 20.50 12,218.00 19.30 11,502.80 20.50 12,218.00 0564.602 F &I STREET NAME SIGNS EACH 11 180.00 1,980.00 170.00 1,870.00 275.00 3,025.00 0564.602 PAVEMENT MESSAGE (LEFT ARROW) -POLY PREFORN EACH 7 195.00 1,365.00 185.00 1,295.00 205.00 1,435.00 0564.602 PAVEMENTMESSAGE (LEFT ARROW) -PAINT EACH 1 40.00 40.00 35.00 35.00 40.00 40.00 0564.602 PAVEMENTMESSAGE (RIGHT ARROW) -POLY PREFOR EACH 2 195.00 390.00 185.00 370.00 205.00 410.00 0564.602 PAVEMENT MESSAGE (ONLY) POLY PREFORM EACH 8 252.00 2,016.00 240.00 1,920.00 265.00 2,120.00 0564.602 PAVEMENTMESSAGE (ONLY) -PAINT EACH 1 50.00 50.00 46.00 46.00 50.00 50.00 0564.603 4' DOUBLE SOLID LINE YELLOW -POLY PREFORM L.F. 550 3.50 1,925.00 3.26 1,793.00 3.60 1,980.00 0564.603 4' DOUBLE SOLID LINE YELLOW -PAINT LF, 1400 0.85 1,190.00 0,78 1,092.00 0.86 1,204.00 0564.603 4" SOLID LINE WHITE POLY PREFORM LF. 1600 1.72 2,752.00 1.63 2,608.00 1.80 2,880.00 0564.603 W SOLID LINE WHITE -PAINT L.F. 150 0.60 9.00 0.57 85.50 0.64 96.00 0564.603 8' SOLID LINE YELLOW -PAINT L.F. 250 1.00 250.00 0.90 225.00 1.00 250.00 0564.603 4' BROKEN LINE WHITE -POLY PREFORM L.F. 1100 2.00 2,200.00 1.92 2,112.00 2.10 2,310.00 0564.603 24' STOP LINE -WHITE POLY PREFORM L.F. 220 8.75 1,925.00 8.32 1,830.40 9.20 2,024.00 0564.603 24" STOP LINE WHITE- PAINT L.F. 150 2.00 300.00 1.84 276.00 2.05 307.50 0564.604 CROSSWALK - POLY PREFORM S.F. 1500 5.00 7,500.00 4.70 7,050.00 5.20 7,800.00 0564.604 CROSSWALK- PAINT S.F. 900 1.40 1,260.00 1.34 1,206.00 1.48 1,332.00 0565.604 REVISE SIGNAL SYSTEM 'A" SYSTEM 1 78,000.00 78,000.00 80,000.00 80,000.00 82,000.00 82,000.00 2565.511 FULL - TRAFFIC - ACTUATED- TRAFFIC SIGNAL SYSTEM 1 85,000.00 85,000.00 85,000.00 85,000.00 88,300.00 88,300.00 PAGE NO. 11 0 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 HARDRIVES INC. RYAN CONTRACTING INC. NORTHDALE CONST. CO., INC ITEM ESTIMATED UNIT TOTAL EST. UNIT TOTAL EST. UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE CONTROL SIGNAL SYSTEM 'B 2573.501 BALE CHECKS EACH 60 7.00 420.00 4.00 240.00 6.50 390.00 2573.502 SILT FENCE, HRAVY DUTY L. F. 450 3.15 1,417.50 1.00 450.00 4.00 1,800.00 2575.505 SODDING, TYPE LAWN AND BOUEVARD S.Y. 21500 1.35 29,025.00 1.80 38,700.00 1.45 31,175.00 2580.502 TEMPORARY LANE MARKING LF. 1000 0.50 500.00 4.00 4,000.00 4.50 4,500.00 TOTAL $1,642,560.58 $1,661,831.10 $1,694,737.42 I PAGE NO. 12 0 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 BARBAROSSA & SONS,INC. ITEM ESTIMATED UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE 2021.501 MOBILIZATION L.S. 1 80,000.00 80,000.00 2031.501 FIELD OFFICE TYPE D L.S. 1 3,000.00 3,000.00 2101.502 CLEARING TREE 68 175.00 11,900.00 2101.507 GRUBBING TREE 68 50.00 3,400.00 0101.602 PROTECTTREE EACH 47 100.00 4,700.00 2103.501 BUILDING REMOVAL #4300 L.S. 1 5,936.00 5,936.00 2103.501 BUILDING REMOVAL #6900 L.S. 1 4,613.00 4,613.00 0103.602 BUILDING FOUNDATION REMOVAL EACH 22 750.00 16,500.00 2104.501 REMOVE R.C.P. STORM SEWER L.F. 579 10.00 5,790.00 2104.501 REMOVE 8' VCP SAN. SEWER L.F. 90 8.00 720.00 2104.501 REMOVE 21 " C.M.P. SAN. SEWER L.F. 65 15.00 975.00 2104.501 REMOVE FENCE L.F. 1270 0.10 127.00 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT S.Y. 176 5.00 880.00 2104.509 REMOVE MANHOLE EACH 1 800.00 800.00 2104.509 REMOVE GARAGE SLAB EACH 14 150.00 2,100.00 2104.509 REMOVE WATER SERVICE EACH 30 450.00 13,500.00 2104.511 SAWING CONCRETE PAVEMENT L.F. 32 5.00 160.00 2104.513 SAWING BITUMINOUS PAVEMENT LF. 550 2.00 1,100.00 2104.523 SALVAGE HYDRANT& G. V. PLUG TEE EACH 6 750.00 4,500.00 2104.523 SALVAGE CASTINGS EACH 27 40.00 1,080.00 2104.523 SALVAGE AND INSTALL MAILBOX EACH 24 100.00 2,400.00 2104.525 ABANDON M.H. EACH 10 600.00 6,000.00 0104.603 ABANDON 21' C.M.P. SAN. SEWER L.F. 1920 5.00 9,600.00 2105.501 COMMON EXCAVATION (P) C.Y. 23207 5.19 120,444.33 2105.505 MUCK EXCAVATION C.Y. 2965 5.00 14,825.00 2105.525 TOPSOIL BORROW (L.V.) C.Y. 1915 8.25 15,798.75 2105.535 SALVAGE TOPSOIL (L.V.) C.Y. 450 3.00 1,350.00 2112.501 SUBGRADE PREPARATION RD.STA. 2 250.00 500.00 0112.603 1' SUBCUT FOR UNIFORM COMPACTION RD.STA. 29 409.00 11,861.00 2130.501 WATER FOR DUST CONTROL 1000(M)GAL. 100 15.00 1,500.00 2211.501 AGG. BASE CL 5100% CRUSHED TON 14990 7.45 111,675.50 2331.508 TYPE 41A WEARING COURSE MIXTURE TON 2225 19.75 43,943.75 2331.510 TYPE 31 BINDER COURSE MIXTURE TON 2130 17.10 36,423.00 2331.514 TYPE 31 BASE COURSE MIXTURE TON 3873 16.65 64,485.45 2341.518 BITUMINOUS MIXTURE FOR PATCHING TON 315 41.30 13,009.50 0341.601 2' BITUMINOUS BIKE TRAIL S.Y. 3397 7.05 23,948.85 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL. 2400 1.65 3,960.00 0411.603 PRECAST CONC. BLOCK RETAINING WALL S. F. 1300 10.00 13,000.00 0451.602 CRUSHED ROCK PIPE FOUNDATION TON 1765 0.10 176.50 0451.602 REPLACEMENT BACKFILL TON 2000 7.00 14,000.00 0452.602 TRENCH SHEETING S. F. 3200 0.10 320.00 0503.602 STANDARD MANHOLE, 8" DEEP EACH 18 1,150.00 20,700.00 0503.602 8'X 6' WYE EACH 10 50.00 500.00 PAGE NO. 13 s � � 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 BARBAROSSA & SONS,INC. ITEM ESTIMATED UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE 0503.602 18"X 6' WYE EACH 2 250.00 500.00 0503.602 CONNECT TO EXISTING SERVICE EACH 12 200.00 2,400.00 0503.602 CONNECT TO EXISTING SANITARY MANHOLE EACH 1 450.00 450.00 0503.602 CONNECT TO EXISTING FORCEMAIN EACH 1 1,000.00 1,000.00 0503.603 6' DIP FORCEMAIN LF, 190 30.00 5,700.00 0503:603 8' D.I.P. SEWER PIPE L.F. 35 100.00 3,500.00 0503.603 8' PVC SEWER PIPE 0' -8' DEEP L.F. 5 37.00 185.00 0503.603 8" PVC SEWER PIPE 8' -10' DEEP LF. 867 38.00 32,946.00 0503.603 8' PVC SEWER PIPE 10' -12' DEEP L.F. 830 39.00 32,370.00 0503.603 8' PVC SEWER PIPE 12' -14' DEEP L.F. 107 40.00 4,280.00 0503.603 8" PVC SEWER PIPE 14' -16' DEEP L.F. 53 41.00 2,173.00 0503.603 8' PVC SEWER PIPE 16-18' DEEP L.F. 57 42.00 2,394.00 0503.603 8' PVC SEWER PIPE 18' -20' DEEP LF. 78 43.00 3,354.00 0503.603 8" PVC SEWER PIPE 20' -22' DEEP L.F. 97 44.00 4,268.00 0503.603 18' PVC SEWER PIPE 16' -18' DEEP L.F. 1458 84.00 122,472.00 0503.603 18" PVC SEWER PIPE 18' -20' DEEP L.F. 135 85.00 11,475.00 0503.603 18' PVC SEWER PIPE 20' -22 DEEP L.F. 50 86.00 4,300.00 0503.603 6' PVC SAN. SEWER SERVICE L.F. 480 40.00 19,200.00 0503.603 REHABILITATE SAN. SEWER LF. 540 143.00 77,220.00 0503.603 EXCESS DEPTH, STANDARD MANHOLE LF. 74.9 75.00 5,617.50 0503.603 OUTSIDE DROP L.F. 21 300.00 6,300.00 0503.605 2' POLYSTRENE INSULATION SQ. YD. 214 10.00 2,140.00 0504.602 6' G.V. & BOX EACH 9 375.00 3,375.00 0504.602 10' G.V. & BOX EACH 1 675.00 675.00 0504.602 16' B. F. VALVE& MANHOLE EACH 4 4,000.00 16,000.00 0504.602 10' X 10' TAPPING SLEEVE & 10' G.V. & BOX EACH 1 2,295.00 2,295.00 0504.602 12'X 12" TAPPING SLEEVE & 12' G.V. & BOX EACH 1 3,207.20 3,207.20 0504.602 ADJUST GATE VALVE BOX EACH 11 120.00 1,320.00 0504.602 EXCAVATE W.M. FITTING, HYD.AND VALVE EACH 31 300.00 9,300.00 0504.602 REPLACE W.M. BOLTS EACH 568 17.00 9,656.00 0504.602 HYDRANT EACH 7 1,675.00 11,725.00 0504.602 CONNECT TO EXISTING WATERMAIN EACH 2 675.00 1,350.00 0504.602 SPRINKLER SYSTEM METER M.H. EACH 1 13,155.00 13,155.00 0504.602 SPRINKLER SYSTEM EQUIPMENT BOX EACH 2 3,925.00 7,850.00 0504.603 6" DIP WATERMAIN, CL 52 LF. 290 40.00 11,600.00 0504.603 10" DIP WATERMAIN, CL 52 L.F. 17 45.00 765.00 0504.603 12' DIP WATERMAIN, CL 52 L.F. 170 32.00 5,440.00 0504.603 16' DIP WATERMAIN, CL 52 L.F. 3260 62.44 203,554.40 0504.603 30' JACKED STEEL CASING L.F. 180 130.00 23,400.00 0504.603 4' P.V.C. CONDUIT L.F. 56 5.00 280.00 0504.603 6' P.V.C. CONDUIT L.F. 801 6.00 4,806.00 0504.620 DIP FITTINGS LB. 10316 2.45 25,27420 2503.541 15' RCP STORM SEWER, DES.3006,CL V L.F, 1299 32.00 41,568.00 PAGE NO. 14 69TH AVENUE BROOKLYN CENTER, MINNESOTA SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 BARBAROSSA & SONS,INC. ITEM ESTIMATED UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE 2506.506 CONSTRUCT MANHOLE TYPE B -48" L.F. 4.7 155.00 728.50 2506.506 CONSTRUCT MANHOLE TYPES -60' L.F. 8.6 200.00 1,720.00 2506.507 CONSTRUCT CATCH BASIN, TYPE L.F. 26.6 145.00 3,857.00 2506.507 CONSTRUCT CATCH BASIN, TYPE B-48' L.F. 41.5 148.00 6,142.00 2506.507 CONSTRUCT CATCH BASIN, TYPE B -60' LF. 19 189.00 3,591.00 2506.507 CONSTRUCT CATCH BASIN, TYPE L.F. 4 115.00 460.00 2506.516 CASTING ASSEMBLY TYPE R -1733 EACH 8 125.00 1,000.00 2506.516 CASTING ASSEMBLY TYPE R -3067 EACH 15 190.00 2,850.00 2506.516 CASTING ASSEMBLY TYPE R -4342 EACH 1 110.00 110.00 2506.522 ADJUST FRAME AND RING CASTING EACH 28 150.00 4,200.00 0506.602 CONNECT TO EXISTING STORM M.H. EACH 4 625.00 2,500.00 0506.603 REPAIR C.B.1M.H. L.F. 20.8 160.00 3,328.00 2521.501 4" CONCRETE WALK S.F. 14295 1.38 19,727.10 0521.603 CONCRETE PED. RAMP FOR BIT. TRAIL S.F. 1550 1.55 2,402.50 2531.501 CONCRETE CURB & GUTTER, DES B612 L.F. 4957 3.90 19,332.30 2531.501 CONCRETE CURB & GUTTER, DES B618 L.F. 6819 4.46 30,412.74 2531.503 4" CONCRETE MEDIAN S.Y. 575 12.50 7,187.50 2531.507 6' CONCRETE DRIVEWAY PAVEMENT S.Y. 475 20,50 9,737.50 2531.507 8' CONCRETE DRIVEWAY PAVEMENT S.Y. 73 24.00 1,752.00 0531.603 BUS SHELTER FOUNDATION S.F. 124 2.50 310.00 2535.501 BITUMINOUS CURB L.F. 120 8.25 990.00 2554.505 PERMANENT BARRICADES EACH 11 160.00 1,760.00 0563.601 TRAFFIC CONTROL L.S. 1 15,740.00 15,740.00 0563.603 CHANNELIZING BARRELS EACH 35 66.00 2,310.00 2564.531 F &I SIGN PANELS TYPE'C' S.F. 596 17.40 10,370.40 0564.602 F &I STREET NAME SIGNS EACH 11 170.00 1,870.00 0564.602 PAVEMENT MESSAGE (LEFT ARROW) -POLY PREFORN EACH 7 185.00 1,295.00 0564.602 PAVEMENTMESSAGE (LEFT ARROW) -PAINT EACH 1 35.00 35.00 0564.602 PAVEMENT MESSAGE (RIGHT ARROW) -POLY PREFOR EACH 2 185.00 370.00 0564.602 PAVEMENT MESSAGE (ONLY) POLY PREFORM EACH 8 240.00 1,920.00 0564.602 PAVEMENTMESSAGE (ONLY) -PAINT EACH 1 46.00 46.00 0564.603 4' DOUBLE SOLID LINE YELLOW -POLY PREFORM L.F. 550 3.26 1,793.00 0564.603 4' DOUBLE SOLID UNE YELLOW -PAINT L.F. 1400 0.78 1,092.00 0564.603 4' SOUD LINE WHITE POLY PREFORM L.F. 1600 1.63 2,608.00 0564.603 4' SOLID LINE WHITE -PAINT L.F. 150 0.57 85.50 0564.603 8' SOLID LINE YELLOW -PAINT L.F. 250 0.90 225.00 0564.603 4' BROKEN LINE WHITE -POLY PREFORM L.F. 1100 1.92 2,112.00 0564.603 24' STOP LINE -WHITE POLY PREFORM L.F. 220 8.32 1,830.40 0564.603 24' STOP LINE WHITE- PAINT L.F. 150 1.84 276.00 0564.604 CROSSWALK - POLY PREFORM S.F. 1500 4.70 7,050.00 0564.604 CROSSWALK- PAINT S.F. 900 1.34 1,206.00 0565.604 REVISE SIGNAL SYSTEM "A' SYSTEM 1 74,248.00 74,248.00 2565.511 FULL - TRAFFIC - ACTUATED - TRAFFIC SIGNAL SYSTEM 1 80,268.00 80,268.00 PAGE NO. 15 69TH AVENUE BROOKLYN CENTER MINNESOTA NES A SEH FILE NO: 90277 BID TABULATION BID DATE 4 -1 -92 BARBAROSSA & SONS,INC. ITEM ESTIMATED UNIT TOTAL EST. NO. ITEM UNIT QUANTITY PRICE PRICE CONTROL SIGNAL SYSTEM 'B 2573.501 BALE CHECKS EACH 60 5.00 300.00 2573.502 SILT FENCE, HRAVY DUTY L.F. 450 2.50 1,125.00 2575.505 SODDING, TYPE LAWN AND BOUEVARD S.Y. 21500 1.25 26,875.00 2580.502 TEMPORARY LANE MARKING L. F. 1000 4.25 4,250.00 TOTAL $1,796,441.37 PAGE NO. 16 • CITY OF BROOKLYN CENTER Council Meeting Date L/i 92 /L Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER CO. FOR UTILITY SYSTEM REVISIONS ON 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -10 DEPT. APPROVA Sy Knapp, Vrector of Public Works MANAGER'S REVIEW /RECOMMENDATION: ��s'..,� k :,,. �`. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached In conjunction with the 69th Avenue improvement project we have negotiated a proposed agreement with NSP to remove the existing overhead power lines from 69th Avenue North and place new lines underground. As proposed, all existing poles and lines would be removed from within the expanded right -of -way, except those along the north side between France Avenue and West Palmer Lake Drive. These poles and lines, which are located on the back lot lines of the properties which the City purchased, need to be retained to provide service to the houses on Urban Avenue. Removal of this line would require all property owners along Urban Avenue to "underground" their service lines. Staff does not believe this is necessary, since this line will be "screened" by the remaining trees in the 65' to 100' area behind the trail. Existing street lights will be replaced with new street lights mounted on brown fiberglass poles (similar to those used on West River Road), with underground service lines, and with brown light fixtures. NSP has proposed to do all this work with a reimbursement price of $253,859. It is our opinion that this is a reasonable price, and we recommend acceptance of that proposal. The 69th Avenue project cost estimate, as approved on June 24, 1991 estimated this cost of $350,000. In addition to this agreement with NSP, City staff is also obtaining proposals from electrical contractors to complete the required "conversion" of electrical services to the 6 houses on the south side of 69th Avenue whose service lines will be placed underground by NSP. The City Council approved the concept of • doing this work at City cost on January 27, 1992. We anticipate submitting these proposals to the Council for formal consideration at the 4/27/92 meeting. Other utilities which exist along 69th Avenue North, and our agreements with them, are summarized as follows: Utility Existing Conditions Proposed Agreement U.S. West Existing lines are buried Adjustments will be made by U.S. West without charge to the City Northwest Community Existing lines are overhead, Overhead CATV lines will Television (CATV) on NSP -owned poles be removed, and new under- ground lines will be installed without charge to the City Minnegasco Existing mains and services All relocations and in place, but many must be readjustments will be relocated to accommodate completed without charge grade changes, etc. to the City RECOMMENDED CITY COUNCIL ACTION • Adoption of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER CO. FOR UTILITY SYSTEM REVISIONS ON 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, it is the opinion of the City Council that the existing electric power lines on 69th Avenue North between Brooklyn Boulevard and Shingle Creek Parkway, should be removed and be replaced with underground lines in conjunction with the proposed reconstruction of 69th Avenue - Improvement Project No. 1990 -10; and WHEREAS, the Northern States Power Compan y has proposed to do said work at a cost of $253,859. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Manager is hereby authorized and directed to enter into an agreement with the Northern States Power Company o complete y P said work at a cost of $253,859. 2. The costs for this work shall be charged to the Municipal State Aid Street Fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Council Meeting Date 04/13/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR TRUNK SEWER REPLACEMENT UNDER I94/694, IMPROVEMENT PROJECT NO. 1992 -03, CONTRACT 1992 -D DEPT. APPROVAL: Sy Knapp irecto f Public Works MANAGER'S REVIEW/RECOMMENDATION: /ez No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached On February 10, 1992, the City Council approved plans and specifications and authorized advertisement for bids for Trunk Sewer Replacement Under I- 94/694, Improvement Project No. 1992 -03. Bids for this work were received and opened on April 2, 1992. The bids submitted were as follows: Bidder Bid Amount Barbarossa and Sons, Inc. $ 198,831.00 EJM Pipe Services $ 207,685.00 Brown & Cris $ 208,700.00 Lametti & Sons $ 257,856.00 Of the 4 bids received, the low bid of $ 198,831.00 was submitted by Barbarossa and Sons, Inc., of Osseo, MN. While Barbarossa hasn't recently performed work in Brooklyn Center, they have an outstanding reputation for municipal work throughout the Metro -area. In addition, it appears from their references and materials submitted with their bid that they are financially stable, and possess the manpower and equipment necessary to complete the project as specified. The Engineer's Estimate of construction cost was previously reported as $166,180. That estimate was based on the limited information which staff was able to obtain from other cities and from contractors regarding somewhat similar projects. • However, this project is unique, in that it requires jacking a 42 -inch diameter pipe for a distance of 302 feet under I94/694. There simply weren't any • comparable projects to relate to! Also, in the few weeks preceding the bid opening, the contractors who bid the project independently investigated the groundwater conditions at the project site, and determined the dewatering requirements to be much more intensive than had been anticipated by staff. Analysis of the bids, specifically the items mentioned above, indicates that the bidders more or less interpreted the conditions of the project uniformly, and in no way submitted "unbalanced" bids. The disparity between the original estimate and the low bid seems to be the combination of bidder's access to additional information (actual groundwater conditions at site) and under - estimating of the cost of placing the steel carrier conduit. The low bid, while being higher than the Engineer's Estimate, appears to have been submitted in good faith and is indicative of a competitive bidding process. Accordingly, staff recommends accepting the low bid and awarding contract to Barbarossa and Sons, Inc., of Osseo, Minnesota, in the amount of $198,831. Note The proposed resolution includes provision for a S% contingency. This should be adequate to cover any unforeseen contingencies with one possible major exception, i.e. it is possible that, during construction, the contractor may encounter a large boulder or rock formation which could require removal by blasting or other methods; or, in the worst case, could require relocation of the pipe to a new alignment. While this is very unlikely to occur, we do want to be certain the Council is aware of this possibility. We know of no process by which this risk could be avoided. Obviously, if this should occur, we will advise the Council, and recommend appropriate action at that time. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bid and awarding contract to Barbarossa and Sons, Inc. is provided for consideration. r I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR TRUNK SEWER REPLACEMENT UNDER I94/694, IMPROVEMENT PROJECT NO. 1992 -03, CONTRACT 1992 -D WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1992 -03, bids were received, opened, and tabulated by the City Engineer on the 2nd day of April, 1992. Said bids were as follows: Bidder Bid Amount Barbarossa and Sons, Inc. $ 198,831.00 EJM Pipe Services $ 207,685.00 Brown & Cris $ 208,700.00 Lametti & Sons $ 257,856.00 WHEREAS, all bids exceed the City Engineer's contract cost estimate of $ 191,110; and WHEREAS, the Director of Public Works has recommended that the Council accept the low bid received because (1) this segment of sewer is in imminent danger of collapse, and that such a collapse could result in major damage to private properties and additional costs; and (2) he believes these bids to be competitive and it is in his opinion that the City could not receive lower bids for this work at this time; and WHEREAS, it appears that Barbarossa and Sons, Inc. of Osseo, 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, in the amount of $ 198,831.00, with Barbarossa and Sons, Inc., of Osseo, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -03 according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the 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. BE IT FURTHER RESOLVED that the estimated cost of Improvement Project No. 1992 -03 is hereby amended according to the following schedule: RESOLUTION NO. As Amended Per As Established Low Bid Contract $ 166,180 $ 198,831.00 Contingency 24,930 (15 %) 9,942.00 (5%) Subtotal Construction $ 191,110 $ 208,773.00 Staff Engineering (8%) $ 15,290 $ 16,702.00 Admin. & Legal (2%) 3.820 $ 4,175.00 Total Estimated Project Cost $ 210,220 $ 229,650.00 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/13/92 0 e • Agenda Itcm Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E DEPT. APPROVAL: / Sy Knapp, D' ector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below / attachev SUMMARY EXPLANATION: (supplemental sheets attached On March 23, 1992 the City Council, by Resolution No. 92 -53, established the above project and ordered advertisement for bids. During the prioritization process, street maintenance staff suggested that to reduce costs the City consider restricting the Diseased Tree Program to boulevard and park trees only. Accordingly, the contract specifications included an Alternate A bid and an Alternate B bid. Alternate A is the program as it has been implemented in past years: removal of boulevard, park, and private trees. Alternate B is the removal of only boulevard and park trees. Two bids for this project were received and opened on April 9, 1992. The low bid for Alternate A was submitted by Outside Services, Inc., in the amount of $81,960. The low bid for Alternate B was submitted by Ceres Tree Company, in the amount of $39,890. The cost to the City for the City's share of the cost of removing boulevard trees, plus the full cost of removing park trees, is reduced considerably under Alternate B. Under Alternate A, the cost to the City using Outside Services' bid prices would be $31,840. Under Alternate B, the City cost using Ceres' bid prices would be $23,434, or a savings of just over $8,400. The reason why Alternate B is so much less expensive is that the unit price per tree is less. This is because it is much less costly to remove a boulevard tree than a tree in somebody's back yard. The unit prices under Alternate A assume a certain number of expensive -to- remove back yard trees and thus are higher than • Alternate B. • The Council has the opportunity to choose which type of Diseased Tree Program it wishes to have implemented this year. If the Council desires no change, then the contract should be awarded based on Alternate A. Alternate B would change the way private trees are handled. Diseased trees on private property would continue to be marked, and the property owners would continue to be notified that they would have to be removed, but a choice would no longer be offered of using the City's contractor or someone else. Fewer and fewer property owners are choosing to use the City's contractor. In 1991, more property owners chose to have someone other than the City's contractor remove their private trees than chose the City's contractor. Fewer than 80 property owners used the City's tree contractor. That figure may be reduced even further now that registration of tree contractors working in the City provides property owners with a listing from which to choose that they can feel more comfortable with than the yellow pages. Under Alternate B, if property owners did not remove the tree within the prescribed 20 days, the City's contractor would be asked to submit a quote, and the owner would be notified that if the tree was not removed within five days, the City's contractor would remove it for the quoted amount. Alternate B would also have the advantage of reducing administrative costs. The Tree Inspector would spend less time providing oversight on the contract. Award of the Contract If the Council wishes to make no change to the program, then award should be made on the basis of Alternate A. Low bid on Alternate A was submitted by Outside Services, Inc., of Anoka, Minnesota. Outside Services has not previously worked for the City. However, discussions with their listed references of Crystal, Fridley, and Columbia Heights indicated that they were a competent firm, capable of performing the work. If the Council wishes to amend the program so that the contract would cover only removal of boulevard and park trees, then award should be made on the basis of Alternate B. Low bid on Alternate B was submitted by Ceres Tree Company, of Roseville. Ceres has held the tree contract for the past two years, and has performed acceptably. RECOMMENDED CITY COUNCIL ACTION Two resolutions are provided for Council consideration: one awarding the contract based on Alternate A, and one based on Alternate B. Staff recommends Alternate B, for two reasons. First, the City can save an estimated $8,400 in tree removal costs. Second, each year the number of property owners choosing to have the City's contractor remove trees on private property decreases. With the availability of a list of registered tree contractors, that number is likely to drop again. The City could find itself incurring substantial • extra tree removal and administrative costs to provide a service to perhaps 50 property owners. s i Member introduced the following resolution and moved its adoption: i RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1992 -10, bids were received, opened and tabulated by the City Engineer, on the 9th day of April, 1992. Said bids were as follows: Contractor Amount ALTERNATE A: Ceres Tree Company $82,539 Outside Services, Inc. 81,960 ALTERNATE B: Ceres Tree Company $39,890 Outside Services, Inc. 47,115 WHEREAS, the City Council has found that it is in the City's best interest to award this contract on the basis of bid Alternate A; and WHEREAS, it appears that Outside Services, Inc., 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 the attached contract, in the amount of $81,960, with Outside Services, Inc., Anoka, Minnesota, in the name of the City of Brooklyn Center, Minnesota, for Improvement Project No. 1992 -10 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. All costs of this project shall be accounted for in Fund 17, the Diseased Tree Fund. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1992 -10, bids were received, opened and tabulated by the City Engineer, on the 9th day of April, 1992. Said bids were as follows: Contractor Amount ALTERNATE A: Ceres Tree Company $82,539 Outside Services, Inc. 81,960 ALTERNATE B: Ceres Tree Company $39,890 Outside Services, Inc. 47,115 WHEREAS, the City Council has found that it is in the City's best interest to award this contract on the basis of bid Alternate B; and WHEREAS, it appears that Ceres Tree Company, Roseville, 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 the attached contract, in the amount of $39,890 with Ceres Tree Company, Roseville, Minnesota, in the name of the City of Brooklyn Center, Minnesota, for Improvement Project No, 1992 -10 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. All costs of this project shall be accounted for in Fund 17, the Diseased Tree Fund. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Council Meeting Date 04/13/92 Agenda Item Number 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL, AWARDING CONTRACT AND APPROPRIATING FUNDS FOR SECURITY IMPROVEMENT AT POLICE DEPARTMENT RECEPTION COUNTER, IMPROVEMENT PROJECT NO. 1992 -07, CONTRACT 1992 -F DEPT. APPROVAL: Sy Knapp, irector 4 Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached �! cxicxxx�k�k�k�; cxx�; e�kxeacx�k�k�! e��kycyc�! exxx�! cxacxicx�k�; e�k�k�K�k�k�k�k�k >K�!eyc�k�!e�k�k�k�k�k�K>;c�! eyes; ex�k�! e�k�; c�k� !e�?eyeye�K�kx�yexxx�!exx�;e SUMMARY EXPLANATION: (supplemental sheets attached The City Employee Safety Committee has recommended that 9' -4" security improvements be made at the Police Department's reception counter. The existing counter now has a height of 48" 42 inches, with a 9' -4" by 48" clear opening space. Clerical — employees in the Police Department 42" p rtment are concerned about possible entry into their area by someone jumping over the counter. While there is a security gate which is pulled down Figure 1: Existing Police at night, the use of this gate during business hours would Reception Counter make the atmosphere inhospitable. Consideration was given to installation of a fully- secure window with protected openings, etc. This too was considered to be inhospitable. With the assistance of an architect, a "compromise solution" 148 °I has been developed which provides that the existing opening size shall be reduced to 48" by 14 ". This will be jq accomplished by closing in the right half of the opening and installing bulletin board in that space. On the left half g P of the opening, a plexiglas panel will be installed with a cut-out opening. If, in the future, it is decided that Figure 2: Proposed Remodelling additional security is needed, the cost of installing a different plexiglass panel with a smaller opening, or other • configuration would be relatively minor. Two proposals have been received for completion of this work in accordance with the plans. It is recommended that the low bid of W.H. Cates Construction Co. in the amount of $2,656.00 be accepted. Other estimated project costs include an estimated $200 for installation of an alarm system between the front desk and the dispatchers desk, architecture costs, and a contingency. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL, AWARDING CONTRACT AND APPROPRIATING FUNDS FOR SECURITY IMPROVEMENT AT POLICE DEPARTMENT RECEPTION COUNTER, IMPROVEMENT PROJECT NO. 1992 -07, CONTRACT 1992 -F WHEREAS, proposals for Improvement Project No. 1992 -07 were received, opened, and tabulated by the Director of Public Works, on the 3rd day of April, 1992, and said proposals were as follows: Bidder Bid W.H. Cates Construction Co. $2,656.00 Nelson Brothers Construction 5,650.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1992 -07, Security Improvement at Police Department Reception Counter, is hereby established. 2. The proposal as submitted by W.H. Cates Construction Co. of Hamel, MN is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $2,656.00, with W.H. Cates Construction Co.in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -07. 3. The estimated project costs for Improvement Project No. 1992 -07 are established as follows: Contract $ 2,656 Contingency (5%) $ 134 Subtotal Construction $ 2,790 Alarm System $ 200 Architectural Fees $ 700 Total Est. Project Cost $ 3,690 4. All costs relating to this ro'ect shall be charged to the Capital P J g P Projects Fund. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Council Meeting Date 04/13/92 Agenda Item Number L REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G DEPT. APPROVAL: Sy Knapp, D' ector of fublic Works � e�kx�c�k�k�! c�k* �K�k�k�kX�k�k�k�k�k�K��k�k�k�k��k�k�k�k�k�k�k�k�k��k�k�k�; c�k�k��k�k�k��k�k�k�k�! c�! c� !c�k�5/�eycyy:�>c MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The 1992 General Fund budget for Division 142 - Street Maintenance - includes an appropriation of $140,000 for the continuation of the City's established street sealcoating program. As part of the Financial & Service Prioritization Program which is in progress, Public Works personnel have proposed an extension of the 7 year sealcoat cycle by 1 year, in an effort to reduce expenditures from the General Fund. While the proposed sealcoat cycle extension represents a reduction in the size of the annual program by an estimated $18,000, it must be recognized that long term costs for street maintenance will increase. Accordingly, the City Engineer has prepared plans and specifications for this year's program, and as noted above, for the reduced budget amount of $122,000. This year's program, like those of 1990 and 1991, provides for the use of smaller, less aggressive aggregate on lower traffic residential streets, while larger, more durable aggregate is specified for use on the higher- traffic routes. Also, similar to previous years' programs, the specifications call for bids on different combinations of material types and sizes, and allows the City to select the best alternative for the City's needs. Using this approach in the past has assured the greatest competition between material suppliers and allowed the City Council to make its choice of alternates. A map showing the areas included in this year's proposed sealcoating project is attached for reference. The low - traffic areas using smaller, less aggressive aggregate are shown as FA -2, while the high- traffic areas using the larger, more durable aggregate are shown as FA -3. RECOMMENDED CITY COUNCIL ACTION A resolution approving plans and specification and directing advertisement for bids is provided for consideration. i /a L Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G WHEREAS, the City Engineer has reported to the City Council that it is necessary and in the best interests of the City of Brooklyn Center, Minnesota to sealcoat various City streets; and WHEREAS, the City Engineer has prepared specifications for the proposed work; and WHEREAS, the City Engineer has estimated the construction cost of said improvement to be $122,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established. 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09 2. The specifications for Contract 1992 -G for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the Deputy City Clerk. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Deputy City Clerk for 5 percent of the amount of such bid. 4. The accounting for Project No. 1992 -09 will be done in the General Fund, Street Maintenance Division No. 142. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Council Meeting Date 64/13192 Agenda Item Number / M REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR AERIAL BUCKET AND CHIPPER BOX DEPT. APPROVAL: Sy Kn p, Director of Public Works MANAGER'S REVIEW /RECOM ENDATION: + tt _- ' No comments to supplement this report Comments below /attached 0 SUMMARY EXPLANATION: (supplemental sheets attached Yes The 1992 General Fund budget for Street Maintenance Division 142 provides $75,000 certificate of indebtedness funding for the purchase of a new aerial bucket and truck with chipper box. The existing aerial bucket was purchased in 1977 and mounted on a used 1965 truck chassis. In 1979 the bucket unit was transferred to a used 1974 truck. Both the aerial bucket and the 1974 truck are now in poor condition and would need considerable work to keep them in safe operating condition. Instead of buying a new truck and aerial bucket, we now recommend that the City purchase a new aerial bucket and mount it on a 1983 Ford 800 truck in order to reduce costs by about $20,000. While that truck chassis was scheduled to be used to replace an older truck chassis in the City's oil distributor unit, we believe this is a cost - effective decision. If this is approved, we will need to plan to use the next dump truck chassis which is scheduled to be replaced with a new chassis for use under the oil distributor. Under the current 12 -year vehicle replacement schedule, that replacement is scheduled for 1996, but could hopefully be adjusted to 1993 or 1994. RECOMMENDED CITY COUNCIL ACTION • A resolution approving the specifications and directing advertisement for bids therefore is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR AERIAL BUCKET AND CHIPPER BOX WHEREAS, the Director of Public Works has prepared specifications for the purchase of a new aerial bucket and chipper box; and WHEREAS, purchase of such unit using funding provided by the sale of certificates of indebtedness is provided for in the 1992 General Fund Budget for Street Maintenance Division 142. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. the specifications, prepared by the Director of Public Works are hereby approved. 2. the Deputy City Clerk is hereby authorized and directed to advertise for bids for the furnishing of such equipment in accordance with the specifications, in accordance with the City's purchasing policy and procedures. 3. all costs relating to this purchase shall be funded by the sale of certificates of indebtedness. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) AERIAL BUCKET AND 15 CUBIC YARDS CHIPPER BOX GENERAL All bids must be received at the office of the Deputy City Clerk on or before 2:00 p.m., , and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for One 50 Foot Aerial Bucket and Chipper Box ". It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The unit proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material of equipment desired. The unit the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the Aerial Bucket the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all costs in connection with such suit and save the City harmless in all such actions. GUARANTEE The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in design, materials and workmanship. All defective parts and material shall be replaced free of cost to the City of Brooklyn Center, including labor, for a period of one year from date of delivery. CONSIDERATION OF BIDS The availability of adequacy of parts and service, and the costs of operation and maintenance of this equipment are all important factors which the City of Brooklyn Center will consider in making the award of contract. No prequalification requirements are specified herein. However, each bidder shall submit written statements with his bid which provide the following information: 1. Length of time this manufacturer has been manufacturing aerial buckets. 2. Length of time the dealer has been handling this product line. 3. Number, location and ownership of all comparable units in service in Minnesota, or in dealer's service area; (for usage by the City in checking references). 4. Description of parts and service availability for this machine from the dealer and from the manufacturer. Following opening of the bids, the City may require the bidder to submit such additional information as may reasonably be required in order to evaluate the proposed bid for the benefit of the City. In addition, the City of Brooklyn Center reserves the right to consider the previous performance of both the dealer and the manufacturer relating to the parts and service records to the City of Brooklyn Center as related to other City -owned equipment. MOUNTING Bidder shall mount Aerial Bucket and Chipper Box on the City of Brooklyn Center 1983 2750 GVW Ford chassis. The frame will have to be extended and should meet vehicle certificates. DELIVERY The machine must be delivered fully setup and ready to be used with all the ordered features and options. The City will pay no additional delivery, freight or set -up charges over and above the stated price on the bidder's proposal. The delivery point to be: Brooklyn Center City Garage 6844 Shingle Creek Parkway Brooklyn Center, MN 55430 TRAINING PROGRAM The contractor agrees to provide one (1) day of training for City employees. Manuals - the contractor agrees to furnish operator's manuals, repair manuals and parts books. TRADE -IN The City of Brooklyn Center will be trading in one (1) 1974 International 1800 truck with a 1977 ReachAll Aerial Bucket Model HD5050 Serial #3672. Trade -in can be seen at City Garage, 6844 Shingle Creek Parkway. The intent of the following specifications are to establish minimum requirements for a heavy duty, hydraulically powered, tree trimming, insulated one -man aerial device. GENERAL DESCRIPTION A. A 50' ground to bottom of the bucket with a 55' working height, tree trimming, articulated over - center aerial device is required. B. The completed unit is to be a new, current standard production model to be manufactured and tested in accordance with ANSI A92.2 -1979. C. The minimum side reach from centerline of rotation to the outside edge of the bucket is to be 41.5 ft. The unit is to be mounted center -back- of -cab. D.1 Unrestricted continuous rotation is required at a rate of approximately one (1) RPM. D.2 All bearings are to be bronze with grease grooves. D.3 The unit is to operate at a system pressure of 2500 psi at six (6) GPM. 1. BASKETS 1.1 A single, 350 lb. capacity each, side mounted, fiberglass basket, 24" x 24" x 39 ", with molded -in front and rear facing access steps shall be provided. 1.2 A manual basket tilt for debris clean -out or emergency personnel rescue shall be supplied. 1.3 The leveling system shall be a positive mechanical parallelogram consisting of fiberglass rods, sprockets, and No. 60 chains. 1.4 An operator safety belt and lanyard is to be supplied. The required "D" ring attachment will comply with ANSI A10.14 -1975. 1.5 A hydraulic tool circuit will be supplied at the basket with quick disconnects for two tools with a separate control lever. The pressure relief provides adjustable pressure settings from 1500 to 2000 psi. 1.6 The main pressure line is to be 1/2 in. I.D. and all function lines will be 3/8 in. I.D. The return line is to be 3/4 in., orange coated, thermo- plastic with swaged hose ends. All hoses are to be SAE 100R7 rated. 2. CONTROLS 2.1 The top controls for the boom functions will be full pressure and self - centering, full metering single stick. The controls will be protected by a FRP shroud located between the operator and the upper boom. 2.2 Lower controls for boom functions will be full pressure, open center and self - centering. They are to be located in an easily accessible position on the turret and will have the capability to override the upper controls. 2.3 The lower controls will be multi- lever. 3. BOOMS 3.1 The upper boom is to be square, fiberglass wound, with a maximum deflection of 3/16 in. per ft. at full rated load and providing 215 to 270 degrees of articulation. The upper boom clear insulation shall be a minimum of 145 in. 3.2 The lower boom is to be of tubular design with a filament wound fiberglass insert providing a minimum of 14 in. of clear insulation. Articulation of the boom will be 125 degrees. 4. PEDESTAL 4.1 The pedestal and turret shall be of welded high strength steel construction. 4.2 The drive is to be a self - locking worm gear drive, a shear ball turntable and with enclosed rotation rings. The rotation is continuous and unrestricted in either direction. 5. RESERVOIR 5.1 A hydraulic oil reservoir with two gate valves and a 25 gallon minimum capacity is to be supplied. It is to be mounted in a protected location with adequate air circulation for cooling. 5.2 The reservoir will have a 100 -mesh suction strainer and a 10 micron return line filter. 6. OUTRIGGERS 6.1 A -frame outriggers, with wear pads and bronze - bushed swivel foot pads, for mounting at the rear of the cab are to be furnished. The outriggers shall have a minimum vertical ground penetration of 6 in. and have a minimum spread of 150 to 157 inches at full extension. 6.2 Individual outrigger controls will be provided. Controls should be located under the body floor, on the curbside at the rear of the cab. A bucket liner rated at 50 KVA and a vinyl cover for the basket may be required. Chipper Body - 15 cubic yard capacity - 15 ton capacity dump hoist - 144" long x 60" high x 92" wide - 10 gauge floor - 12 gauge sides - SOLID, NO SEAM - 12 gauge front - 14 gauge top & top inner liner & tool boxes - Transverse storage box 24" wide x 26" high at front of body - 39" long x 21" high storage compartment curbside - 16" wide x 24" high storage compartment curbside - 55" long x 22 -1/2" high storage compartment streetside - Cadmium plated locks - Enclosed lights and electrical - Security pins and screens in through box, security pins in under body boxes - Outrigger pad boxes - Ladder box in body with pruner shelf - Swing around and latch back tailgate - Heavy duty internally supported boom rest - Full cab shield with access ladder to bucket - Heavy duty chipper towing package with pintle type hitch and 2 tow hooks All surfaces sandblasted - Rust - proof, wear resistant coal tar epoxy inside chip dump box - Undercoating under body and boxes - Exterior surfaces primed and painted with Dupont finishes - Heavy duty mudflaps - Trailer plug enclosed in plug box and truck wired for trailer, electric brakes CITY OF BROOKLYN CENTER Council Meeting Date 04/13/92 Agenda Item Number N REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROPRIATING FUNDS, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF A TRACTOR EQUIPPED WITH BACKHOE AND FRONT -END LOADER DEPT. APPROVAL: Sy pp, Dire for of Public Works MANAGER'S REVIEW /RECOMMENDATION:or, No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The City's 1975 Ford tractor with backhoe and front -end loader has developed a serious safety problem, requiring us to "park" it - (i.e. take it out of operation). An evaluation of the City's options, as prepared by Dave Peterson, Public Utilities Supervisor, is attached. Under the City's 12 -year replacement program, this unit was scheduled for replacement in 1993. Now, because of the safety problem, staff recommends that it be replaced immediately because it is not cost - effective to repair the existing unit. Mr. Peterson estimates that this unit is currently used about 740 hours per year. While this suggests the possibility of renting a unit when needed, it is very important for the City to have immediate access to such a unit for work on water main breaks. Also, this unit needs to be available for the purpose of loading sanding trucks during snow plowing /snow removal operations, Accordingly, staff recommends that a new unit be purchased now, with costs (estimated at $55,000) to be paid from Public Utility funds — i.e. — 1/3 from the water utility, 1/3 from the sanitary sewer utility, and 1/3 from the storm drainage utility. Specifications for the recommended new unit are attached. • RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. o� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROPRIATING FUNDS, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF A TRACTOR EQUIPPED WITH BACKHOE AND FRONT -END LOADER WHEREAS, the Director of Public Works has advised the City Council that the existing tractor with backhoe and front end loader (Unit No. 47) has been determined to be unsafe to operate and that it would not be cost - effective to repair it; and WHEREAS, the Director of Public Works has prepared specifications for the purchase of a new unit, and has estimated the cost of a unit meeting specifications will be about $55,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. the specifications as prepared by the Director of Public Works are hereby approved. 2. the Deputy City Clerk is hereby authorized and directed to advertise for bids for the furnishing of such equipment in accordance with the specifications, in accordance with the City's purchasing policy and procedures. 3. all costs relating to this purchase shall be paid from Public Utility Funds; i.e., '/a from Water Utility Fund, '/s from Sanitary Sewer Utility Fund and Ys from Storm Drainage Utility fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp Director of Public Works FROM: Dave Peterson Public Utilities Supervisor DATE: March 30, 1992 SUBJ: Request for Replacing One 1975 Ford Backhoe in April -May, 1992 Price $55,000 The backhoe is now used for: • Utility service and mainline repairs - sewer and water - 200 hrs. • Water main breaks (average hours) - 120 hrs. • Storm sewer and catch basin repair - 160 hrs. • Truck loading during snowplowing - 80 hrs. • Cleanup and landscape work - 80 hrs. • Field verifying pipe elevations - 40 hrs. • Fire hydrant repair and relocates - 60 hrs. Estimated Total Hours 740 hrs. /yr. Department Staffing Review Unit Y149 is a 1975 Ford tractor that had a backhoe attachment added in 1977. The unit is presently parked, as it has been determined unsafe due to automatic transmission brakes and backhoe ' e s ing post. Estimate from Carlson Equipment on 3 -13 -92 was $8,354.06, not including brakes, to rebuild transmission, and rebush backhoe swing post. Trade -in value is $5,000 to $7,000 on a new backhoe per Carlson Equipment. Being a rubber tired backhoe, there would be no need to trailer it. Conclusion and Request From the standpoint of crew efficiency and safety, the Public Works Department recommends: (1) Purchase new backhoe plus rubber tired, capable of digging 15 ft. plus depths at a cost of $55,000. (2) Contract all backhoe work out. If we purchase a bigger and better machine, we would use it more than the work hours listed. This is true with more storm sewer maintenance upcoming in future with the storm water utility. The Utility Department repairs to the water distribution system and sanitary sewer system only increase as the system gets older. Dave Peterson CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) TRACTOR LOADER BACKHOE GENERAL All bids must be received at the office of the Deputy City Clerk on or before 2:00 p.m., , and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for One (1) Tractor Loader Backhoe . It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The unit proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material of equipment desired. The unit the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the Tractor Loader Backhoe the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to atent infringements and i p g n case of suits against the City by other parties. He must defray all costs in connection with such suit and save the City harmless in all such actions. GUARANTEE The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in design, materials and workmanship. All defective parts and material shall be replaced free of cost to the City of Brooklyn Center, including labor, for a period of one year from date of delivery. CONSIDERATION OF BIDS The availability of adequacy of parts and service, and the costs of operation and maintenance of this equipment are all important factors which the City of Brooklyn Center will consider in making the award of contract. No prequalification requirements are specified herein. However, each bidder shall submit written statements with his bid which provide the following information: 1. Length of time this manufacturer has been manufacturing tractor loader backhoes. 2. Length of time the dealer has been handling this product line. 3. Number, location and ownership of all comparable units in service in Minnesota, or in dealer's service area; (for usage by the City in checking references). 4. Description of parts and service availability for this machine from the dealer and from the manufacturer. Following opening of the bids, the City may require the bidder to submit such additional information as may reasonably be required in order to evaluate the proposed bid for the benefit of the City. In addition, the City of Brooklyn Center reserves the right to consider the previous performance of both the dealer and the manufacturer relating to the parts and service records to the City of Brooklyn Center as related to other City -owned equipment. DELIVERY The machine must be delivered fully setup and ready to be used with all the ordered features and options. The City will pay no additional delivery, freight or set -up charges over and above the stated price on the bidder's proposal. The delivery point to be: Brooklyn Center City Garage 6844 Shingle Creek Parkway Brooklyn Center, MN 55430 TRAINING PROGRAM The contractor agrees to provide one (1) day of training for City employees. Manuals - the contractor agrees to furnish operator's manuals, repair manuals and parts books. TRADE -IN A 1975 Ford 4500 Diesel Tractor Loader Model #D5014E with a 1978 15 ft. backhoe. ENGINE Four (4) cylinder diesel engine with 75.0 net flywheel horsepower at 2200 RPM. Minimum of 268 cu. in. displacement. Water cooled engine with anti - freeze to -30 degrees. Manifold cold start aid. ELECTRICAL SYSTEM 12 volt system with two 880 CCA battery and 55 AMP heavy duty alternator. Key tarter switch with transmission safety lock. y y STEERING Hydrostatic Power Steering with separate engine mounted gear type hydraulic pump. TRANSMISSION Torque convertor 4 speeds forward /4 speeds reverse. No clutch power shifting between forward and reverse at any engine RPM. Transmission disconnect mounted on shift level. Synchronized shifting between all gears. Electrically operated shuttle control. CHASSIS Heavy duty double reduction rear axle with a minimum static load rating of 13,500 lbs. Self energizing wet disc brakes operated either individually or simultaneously. Four -wheel drive with center drive differential engage and disengage on the go. Fully enclosed and protected drive shaft. TIRES 12.0 x 16.5, 8 ply, Industrial sure grip front tires, 16.9 x 28, 8 ply, R4 rear tires. OTHER EQUIPMENT Foot accelerator, differential lock, tachometer, electric hour meter, fuel gauge, coolant temperature gauge and audible alarm, engine oil pressure warning lamp and audible alarm, transmission oil temp. warning lamp and audible alarm, alternator warning lamp, hydraulic filter restriction lamp and audible alarm, parking brake audible alarm, horn, 2 front halogen work lamps, stop and turn signals, 4 -way safety flashers. LOADER Full subframe front -end loader with a lift capacity of 6,000 lbs, and breakout force of 12,000 lbs. 31 GPM gear pump at 2200 RPM and 24,500 PSI. Single level control with transmission disconnect button. 4 bar bucket linkage with bucket level indicator, return to dig, hydromechanical self leveling and two lift and two bucket cylinders, 1.3 cubic yard capacity treadwidth loader bucket. BACKHOE Mounted full subframe center pivot backhoe with a hydraulically extendible backhoe dipperstick that extends SAE 2 ft. flat bottom digging depth to 19'4 ". Extendahoe to have outer shell extend with bucket. Swing arc 180 degrees. Bucket cylinder digging force of 10,680 lbs, with 30 ", 11.5 cu. ft. heavy duty bucket. 3/4" hoses to double acting lift, crowd and bucket cylinders. Reversible pads with 10' working spread, 4 lever control. CAB Factory installed flat deck cab with integral ROPS /FOPS. Equipped with pressurized heater /blower /defroster, front and rear windshield wipers, deluxe swivel seat with suspension and spring height adjustment, 3" wide seat belt. Right or left hand entry with four opening side windows and swing up rear window. OPTIONS Backhoe must be set up to couple Allied 715 hammer. 1. Pull extendahoe in - pin it, quick couplers - flex hose to hammer. 2. Electrically activated flow control hydraulic valve with steel lines running up the boom to dipperstick with high flow couplers to flex hose to hammer. CITY OF BROOKLYN CENTER Council Meeting Date 04 /13/92 • Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING INSTALLATION OF A CHAIN LINK FENCE AT THE EVERGREEN BASEBALL FIELD, ACCEPTING PROPOSAL, AMENDING THE 1992 GENERAL FUND BUDGET AND AWARDING CONTRACT THEREFORE DEPT. APPROVAL: Sy Knapp, Dir 'tor of Kb Works � MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached k��Fk; ckkkkkxackk! ckkkk> kXkkM�kkkkkkkkkkkMkkkkkk7kkkkkkkkkFkicXkMkk! c�ckkkkkkxycxye!cycxxk�cX�c SUMMARY EXPLANATION: (supplemental sheets attached Yes • The attached memo details the rationale for installation of a chain link outfield fence at Evergreen Park. This item was submitted by Park Maintenance Division employees during the prioritization process, and reviewed and approved by the Financial Task Force. Purchase and installation of this fence is expected to pay for itself in less than one year. Installation of this permanent fence will free up approximately 160 hours of full time labor and 80 hours of part time labor to provide badly needed additional athletic field maintenance. Freeing up regular time may also assist in reducing some overtime. Two proposals have been received and reviewed. The lowest cost proposal was received from Town & Country Fence, Inc., for $3,875. This item was not included in the 1992 General Fund budget. If the Council wishes to approve purchase of this item, it is recommended that the budget be amended and funds be transferred from contingency funds to the Park Maintenance budget. RECOMMENDED CITY COUNCIL ACTION Approve the attached resolution approving installation, accepting the proposal of Town & Country Fence, and amending the 1992 General Fund budget. • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOK LY N TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE MEMORANDUM 911 March 26, 1992 TO: G. G. Splinter FROM: Sy Knapp SUBJ: Prioritization Process Item Willow Lane Hockey Fence /Evergreen Outfield Fence A capital outlay item for Evergreen Park which would reduce operating costs was submitted as a Priority 1 item by the Public Works Department in the prioritization process. By way of this memo I request your approval to bring this proposed expenditure to the City Council for its immediate consideration. Each spring the hockey fencing at Willow Lane is taken down and transported to Evergreen Park, where it is reassembled as a part of the outfield fence. Each fall the outfield fence is disassembled and transported back to Willow Lane, where it is reassembled as a hockey fence. This process takes an estimated 160 hours of labor by full time staff, plus an additional 80 hours of part time labor. The value of this labor is $3,500 -4,000 annually. We estimate the cost of a permanent outfield fence at Evergreen to be about $4,000. If this fence were installed, the need to take down the Willow Lane hockey fence would be eliminated. This would free up park staff to provide other services. This purchase would pay for itself in one year. With your approval, I would like to bring two quotes to the Council for their consideration of this item. Respectfully Submitted, Approved, Sy KnappV G. G. Vnter , roN �'� �'Ob Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING INSTALLATION OF A CHAIN LINK FENCE AT THE EVERGREEN BASEBALL FIELD, ACCEPTING PROPOSAL, AMENDING THE 1992 GENERAL FUND BUDGET AND AWARDING CONTRACT THEREFORE WHEREAS, Park Maintenance staff have suggested through the prioritization process that a permanent chain link outfield fence be installed at Evergreen Park, to replace the labor - intensive construction of a temporary fence built every year from hockey boards; and WHEREAS, the Director of Public Works has reviewed this suggestion and recommends its approval; and WHEREAS, the Financial Task Force has reviewed this suggestion and recommends its approval; and WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council, and WHEREAS, the following proposals for furnishing and installing this fence have been obtained: Town & Country Fence, Inc. $3,875 Crown Fence & Wire Co. 4,775 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The installation of a chain link fence at the Evergreen baseball field is hereby approved. 2. The proposal of Town & Country Fence, Inc. in the amount of $3,875 is hereby accepted. 3. The 1992 General Fund budget be amended as follows: Increase the Appropriation for the following line item: Park Maintenance - No. 169, Object No. 4530 $3,875 Decrease the Appropriation for the following line item: Unallocated Dept. Expense - No. 180, Object No. 4995 $3,875 RESOLUTION NO. 4. The City Manager is hereby authorized and directed to enter into a contract with Town & Country Fence, Inc. on the basis of its bid. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/13/92 • Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING THE PURCHASE OF A TRAILER FOR TRANSPORTATION OF THE MUNICIPAL BAND'S MUSICAL INSTRUMENTS, ACCEPTING PROPOSAL, AMENDING THE 1992 GENERAL FUND BUDGET AND AWARDING CONTRACT THEREFORE DEPT. APPROVAL: Sy Knapp, ' irector of Public Works MANAGER'S REVIEW /RECOMMENDATION: `` -�f` %* ^ No comments to supplement this report Comments below /attache SUMMARY EXPLANATION: (supplemental sheets attached Aes • The attached memo details the rationale for purchase of a trailer for transportation of the municipal band's instruments. This item was submitted by Park Maintenance Division employees during the prioritization process, and reviewed and approved by the Financial Task Force. Purchase of this trailer is expected to pay for itself in reduced overtime and other labor costs in one and one -half to two years. If recreation staff would be available to assist Park Maintenance staff, the payback period would be much quicker. Two proposals have been received and reviewed. the lowest cost proposal was received from Hilltop Trailer Sales, Inc., for $2,690. This item was not included in the 1992 General Fund budget. If the Council wishes to approve purchase of this item, it is recommended that the budget be amended and funds be transferred from contingency funds to the Park Maintenance Division budget. RECOMMENDED CITY COUNCIL AC'T'ION Approve the attached resolution approving purchase, accepting the proposal from Hilltop Trailer Sales, and amending the 1992 General Fund budget. • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOK LY N TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE MEMORANDUM 911 March 26, 1992 TO: G. G. Splinter FROM: Sy Knapp SUBJ: Prioritization Process Item Band Equipment Trailer A capital outlay item for a band equipment trailer which would reduce operating costs was submitted as a Priority 1 item by the Public Works Department in the prioritization process. By way of this memo 1 request your approval to bring this proposed expenditure to the City Council for its immediate consideration. The Park Maintenance staff spend a considerable amount of overtime transporting band equipment. In 1991, 100 hours were charged to the band program, of which 87 were overtime. In 1990, there were 96 hours of overtime. The value of this labor is about $2,300 annually. Much of this time accumulates because there is so much equipment being hauled by van that it takes several trips. Purchase of a trailer large enough to hold all the equipment permanently would greatly reduce the overtime required in loading, hauling, and unloading equipment. We estimate the cost of such a trailer to be $2,600. Purchase of this trailer would reduce overtime and would pay for itself in about two years. With your approval, I would like to bring two quotes to the Council for their consideration of this item. Respectfully Submitted, Approved, Sy Kna G. G. S 1' ter �YN ,9N�aN 7 /oP Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE PURCHASE OF A TRAILER FOR TRANSPORTATION OF THE MUNICIPAL BAND'S MUSICAL INSTRUMENTS, ACCEPTING PROPOSAL, AMENDING THE 1992 GENERAL FUND BUDGET AND AWARDING CONTRACT THEREFORE WHEREAS, Park Maintenance staff have suggested through the prioritization process that an enclosed trailer large enough to carry all the municipal band's musical instruments and other equipment be purchased to reduce the considerable overtime labor incurred transporting this equipment; and WHEREAS, the Director of Public Works has reviewed this suggestion and recommends its approval; and WHEREAS, the Financial Task Force has reviewed this suggestion and recommends its approval; and WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the following proposals for furnishing and installing this fence have been obtained: Hilltop Trailer Sales, Inc. $2,690 Tailwind Trailers $2,999 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The purchase of an enclosed trailer to transport the municipal band's equipment is hereby approved. 2. The proposal of Hilltop Trailer Sales, Inc. in the amount of $2,690 is hereby accepted. 3. The 1992 General Fund budget be amended as follows: Increase the Appropriation for the following line item: Park Maintenance - No. 169, Object No. 4553 $2,690 Decrease the Appropriation for the following line item: Unallocated Dept. Expense - No. 180, Object No. 4995 $2,690 RESOLUTION N0. 4. The City Manager is hereby authorized and directed to enter into a contract with Hilltop Trailer Sales, Inc. on the basis of its bid. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 04 /13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE PUBLIC UTILITY FEE SCHEDULE RELATING TO METER RENTALS DEPT. APPROVAL: Sy Knapp, 'iXector df ublic Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No The last comprehensive amendment to the public utility fee schedule was • Resolution No. 90 -241. Among the fee increases was the rental rate for 2 - '/ 2 " hydrant meters. That resolution increased the deposit from $600 to $700, and the daily rental from $6 to $7. Some firms have need for a meter for an extended period of time. When a daily rental rate is applied, the rental fee can within a few months exceed the deposit. I recommend that the fee schedule be amended to provide for a monthly rental fee of $100. This will provide flexibility to firms with special needs. I further recommend that rental charges be invoiced monthly, and that the monthly rate be charged when a rental period exceeds two calendar weeks. One firm, Valley Paving, rented a meter last year for seven months. Their total rental bill under the existing fee schedule is $1,449. They have complained that this rental fee is excessive. I recommend that the amended fee schedule be applied in Valley Paving's case, reducing their rental fee from $1,449 to $700. RECOMMENDED CITY COUNCIL ACTION Approve the attached resolution amending the fee schedule and applying it to Valley Paving's past due invoice. • 1 c1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE PUBLIC UTILITY FEE SCHEDULE RELATING TO METER RENTALS WHEREAS, City of Brooklyn Center Ordinances state "The City Council shall adopt by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule;" and WHEREAS, the Director of Public Works recommends that said Rate Schedule relating to meter rentals should be amended to provide more flexibility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following item is hereby added to the Public Utilities Rate Schedule, effective immediately: 2 - 1 h" Hydrant Meter Rental Monthly Rental $100.00 2. The daily rental rate shall be applied to all terms of rental which are two calendar weeks or less. Hydrant rental charges shall be calculated and invoiced on a monthly basis. 3. This amended rate schedule shall hereby be applicable to the hydrant meter rental accrued by Valley Paving for the period May 20, 1991 to December 23, 1991. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date April 1 / 3 , 199 Agenda Item Number v ,\ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ENCOURAGING LEGISLATION ADOPTING NEW FINANCING TOOLS FOR REDEVELOPMENT DEPT. APPROVAL: Tom Bublitz, Assistant EDA Coordinator MANAGER'S REVIEWiRECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • RECOMMENDED CITY COUNCIL ACTION Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING LEGISLATION ADOPTING NEW FINANCING TOOLS FOR REDEVELOPMENT WHEREAS, the City of Brooklyn Center has completed a comprehensive planning process to identify needs and issues relative to housing and economic development in the City of Brooklyn Center; and WHEREAS, these plans have identified a variety of issues and needs including the following: FOR SINGLE FAMILY HOUSING 1. Changing demographics resulting in a shrinking first time home buyer market and the need to stay competitive for the first time home buyer market. 2. Meeting the needs of an aging housing stock and the need for substantial rehabilitation of single family homes and the necessary financing for rehabilitation. 3. The creation of home ownership opportunities, including new home construction, for the greatest possible number of people and the necessary financing for these opportunities. 4. The need for comprehensive neighborhood preservation, including livability of neighborhoods, maintenance of public services, neighborhood and City promotion and resident involvement in neighborhood preservation strategies. FOR MULTI - FAMILY HOUSING 1. Recognition of demographic changes resulting in a decrease in demand for rental housing and the resulting oversupply of rental housing. 2. Preservation and maintenance of rental housing stock in the face of increasing obstacles to rental housing investment. 3. Maintenance of desirable housing for renters with necessary provision of supportive services, particularly for families and low and moderate income persons. FOR ECONOMIC DEVELOPMENT 1. Maintenance of the City of Brooklyn Center's position as a leading retail center including continuation of Brookdale Mall as a regional retail center. 2. Redevelopment of key commercial/ industrial areas within the City. 3. Focusing efforts on business expansion and retention within the local economy. WHEREAS, the need to address the above described issues is of the highest priority for the City of Brooklyn Center; and WHEREAS, one of the major factors in successfully responding to these housing and economic development issues is the availability of financial resources; and WHEREAS, existing municipal, state and federal programs for housing and economic development are not adequate to provide the level of financial resources or flexibility to adequately address the housing and economic development needs as identified by the City's housing and economic development plans; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. It is the belief of the City of Brooklyn Center that cities have the primary responsibility for meeting housing and economic development needs in their jurisdiction. 2: Cities should be granted sufficient authority and flexibility to meet the unique local needs of housing and economic development as defined by local plans. 3. There is a great need for additional funding sources beyond cities' existing revenue sources to allow cities to meet local housing and economic development needs and objectives and that these financial resources could include State grants, State bonds, additional HRA or EDA levy authority, special levies for housing and removal of limitations on tax increment financing. 4. Access to funding for municipal housing and economic development programs should be based on needs established by a local planning process. 5. Any future funding resources or tools for housing or economic development created by the State should _ take into account the needs identified by local housing and economic development plans. BE IT FURTHER RESOLVED that the City staff is hereby directed to forward this resolution to the City of Brooklyn Center's State legislative representatives and that the City's legislative representatives are encouraged to consider the local needs expressed in this Resolution in the development of any future legislation regarding housing and economic development. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken M - thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date Apra 13 1992 Agenda Item Number / L' —5 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE CITIES TO ESTABLISH A TRANSPORTATION UTILITY DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • RECOMMENDED CITY COUNCIL ACTION • /OS Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE CITIES TO ESTABLISH A TRANSPORTATION UTILITY WHEREAS, the Minnesota legislature is considering legislation which would authorize cities to create "Transportation Utilities "; and WHEREAS, the League of Minnesota Cities (LMC) and the City Engineers Association of Minnesota (CEAM) have prepared and submitted concept guidelines and information to the legislature in support of such legislation; and WHEREAS, it is the opinion of the Brooklyn Center City Council that this City will be unable to meet its needs for reconstruction of local streets unless a new funding source is made available; and WHEREAS, it is the opinion of the Brooklyn Center City Council that improvements must also be made to mass transportation systems which will facilitate the use of mass transportation facilities for local transportation, and that it would be proper to support such improvements with funding from a transportation utility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. this City endorses and supports proposed legislation which would authorize cities to establish transportation utilities. 2. this City supports the concept and guidelines for establishment of Transportation Utilities as developed and presented by the LMC and the CEAM. 3. this City recommends that legislation which would authorize cities to establish Transportation Utilities include authorization to utilize funds from that source for improvements to the mass transportation system which are of direct benefit to city residents. Date Todd Paulson, Mayor ATTEST: Deputy Clerk P y RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded b g g Y Y member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date April 13, 1992 Agenda Item Number &I REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING SURPLUS PROPERTY ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: P. pn,067, Patricia A. P4 — , Deputy Deputy City Clerk MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Attached is a list of city property to be declared as surplus. This surplus property will be sold at the annual City Auction which will be held on Saturday, April 25, 1992. There are also two 10 foot truck insert snow boxes which are being declared surplus. These boxes will be sold outright to another municipality which has indicated an interest in them. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. • CITY OF BROOKLYN CENTER ANNUAL AUCTION SATURDAY, APRIL 25, 1992 11 A.M. MUNICIPAL GARAGE 6844 SHINGLE CREEK PARKWAY ITEMS MAY BE VIEWED FROM 10 - 11 A.M. TEM NO. DESCRIPTION FIXED ASSET NO. 500 10 book set of 1986 Statute Books 501 Show Card Model B Poster Machine and supplies 502 Sharp EL -2617 Calculator 503 Lawnboy Lawnmower 21 " 10094 504 Greenmachine line trimmer 505 Exhaust fan - 12" blades 506 8' table cart 507 Exercise mat - 4' x 6' 508 Exercise mat - 4' x 6' 509 spot light 510 exit lights - 2 511 7.5 hp motor 512 5 hp motor 513 Pacer Vacuum Cleaner 16 ser. #161602A 514 Hanging light fixture with white globe 515 Hanging light fixture with white globe 516 Hanging light fixture with white globe 517 Hanging light fixture with white globe 18 Hanging light fixture with white globe 519 Hanging light fixture with white globe 520 Hanging light fixture with white globe 521 Hanging light fixture with white globe 522 Alpine Air - air purifier 523 Alpine Air - air purifier 524 Alarm Clock 525 Alarm Clock 526 Alarm Clock 527 Alarm Clock 528 Alarm Clock 529 Bedspread - navy blue - queen size 530 Bedspread - navy blue - queen size 531 Bedspread - yellow - queen size 532 Bedspread - yellow - queen size 533 Bedspread - yellow - queen size 534 Bedspread - yellow - queen size 535 Bedspread - queen size 536 Blanket - queen size 0 537 Blanket - queen size ITEM NO. DESCRIPTION FIXED ASSET NO. 538 Blanket - queen size 539 Blanket - queen size 540 Blanket - queen size 541 Blanket - queen size 542 Blanket - queen size 543 Blanket - queen size 544 Window Shades - 56 assorted sizes 545 Truck Box for 1991 Ford F250 546 140 Gallon Polyethylene Drum - without cover 547 140 Gallon Polyethylene Drum - without cover 548 Lanier Regent P -85 10162 549 Lanier transcriber 2614 550 Radial Arm Saw - 7790 Dewalt 2616 551 Printer Ribbons 552 7 cases of 8 1/2" x 14" punched white paper 553 Craig 2706A transcriber 2285 554 Heavy punching bag 555 Wall mounted bench press 556 Speed bag mount 557 HP Vectra Disk Drive 10864 558 NEC Spinwriter 3515 10286 559 Printer 10299 560 Diablo 630 printer 10302 561 HP monitor 562 HP keyboard 563 Epson LQ1000 printer & ribbons 11662 564 NEC Spinwriter 7715 10287 565 HP 2601 A printer with tractor feed 10284 566 HP 9121 dual disk drive 567 HP 150 monitor 20400 568 HP 125 disk drive, monitor keyboard 10293, 10294 569 Large columnar pads 570 White plastic tables - 2 571 Sound enclosure 10013 572 Sound enclosure 11384 573 Sound enclosure 11339 574 Metal file tub 575 4 tier desk top file ITEM NO. DESCRIPTION FIXED ASSET NO. 576 3 tier desk top file 577 Rolodex file 578 Colorgraphic monitor 579 Hudson street map - wall size 580 Metal File boxes - 2 581 Microline 80 printer 10310 582 Direct terminal 10288 583 Direct terminal 10298 584 Calendar bases - 6 assorted sizes 585 Copy stands - 2 586 3/4" electrical conduit 587 1 1/2" 8 ft. bar with 6 lighting clamps 588 8 foot sound boom 589 Newcomb record player 590 Box of cable and wire 591 Solid state radio 592 University sound speakers - 4 593 Talk -a -phone and master - 5 594 Bogen amplifier 595 Brownie camera 596 Astatic microphone - 8 597 Shure sound mixer 598 Shure sound mixer 599 IBM correcting selectric typewriter Member introduced the followings resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLAR SURPLUS PROPERTY BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of property submitted by the Deputy City Clerk at the April 13, 1992, City Council meeting is hereby declared surplus property and is hereby authorized for public sale at the annual City auction to be held on April 25, 1992. BE IT FURTHER RESOLVED that two 10 foot truck insert snow boxes are also declared surplus and the Deputy City Clerk is hereby authorized to accept offers from other municipalities for the sale of these snow boxes. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 04/3/9 • Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO ACCEPT A GRANT IN SUPPORT OF THE RESIDENTIAL REFORESTATION PROGRAM DEPT. APPROVAL: 94 Sy Knapp, D66ctor of Public Works MANAGER'S REVIEW /RECOMMENDATION: 5 No comments to supplement this report Comments below /attachew SUMMARY EXPLANATION: (supplemental sheets attached No 1 • Earlier this year the Council authorized staff to submit applications to the Global ReLeaf Fund for matching grants to increase funds available for reforestation. Staff submitted two applications: a request for $3,000 to double the Residential Reforestation program, and a request for $3,300 for a planting project in Evergreen Park. Global ReLeaf has awarded the Residential Reforestation program a $1,000 grant. This grant will enable the City to provide 20 additional $50 tree planting grants to homeowners. This grant is one of 30 totalling $52,000, and was largely supported by the Aveda Corporation, through its Second Annual Aveda Earth Day Cut- A -Thon. The grant application for the Evergreen Park project is still pending. A third grant request made this year, for $5,000 from the Small Business Administration, is also still pending. RECOMMENDED CITY COUNCIL ACTION Approve the attached resolution accepting the grant. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO ACCEPT A GRANT IN SUPPORT OF THE RESIDENTIAL REFORESTATION PROGRAM WHEREAS, section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the City of Brooklyn Center has been awarded a $1,000 grant from Global ReLeaf, a program of the American Forestry Association, in support of the 1992 Residential Reforestation Program; and WHEREAS, it is necessary to officially recognize the receipt of funds from Global ReLeaf. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the 1992 General Fund Budget is hereby amended as follows: Increase the Appropriation for the Following Line Item: Revenue Account No. 3468, Grant for Reforestation $1,000 Increase the Appropriation for the Following Line Item: Division 142, Street Maintenance, Account No. 4530 $1,000 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/13/92 • Agenda Item Ntunber /O V REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS DEPT. APPROVAL: Sy Knapp irector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUIVEVIARY EXPLANATION: (supplemental sheets attached Yes • Attached is a packet of information prepared for the proposed Adopt -a -Park, Adopt -A- Trail, and Adopt -a- Street programs. Included in the packet is a listing of City facilities which staff believe could benefit most from "adoption." In general, these include all City parks; segments of major trails not located in parks; and several high visibility street segments. Civic organizations or individuals who may have alternative facilities in mind would be allowed to adopt those facilities as long there was no compelling reason not to (e.g., the facility was covered by another program, such as DNR's Adopt -A- River, or the facility was determined to be unsafe or unsuitable for volunteers, such as very busy streets). Five civic groups have already expressed an interest in participating (Brooklyn Center Rotary, Brooklyn Center Junior Royalty, Children's World Learning Center, Twin Lakes Association, and Mr. Vic Henry and others in his neighborhood). The various scouting councils will be notifying troop leaders that the programs are available. A listing of clubs and organizations, schools and churches has been compiled and is ready for a mailing. RECOMMENDED CITY COUNCIL ACTION Review the enclosed information, and approve a resolution establishing the programs. Direct staff to begin soliciting participation. r /o V Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center, on the recommendation of the Park and Recreation Commission, has determined that it is in the City's interest to establish volunteer programs to involve the community in the maintenance of city parks, trails, and streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the Brooklyn Center Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street programs are hereby established. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE April 13, 1992 911 Dear Community Organization: The City of Brooklyn Center is pleased to offer your organization an opportunity to become involved in the recently approved Adopt -A -Park, Adopt -A- Trail, Adopt -A- Street Programs. These programs are modeled after the MNDOT Adopt -A- Highway Program, and are designed to involve civic organizations in a personal commitment to provide a cleaner and safer community. Community groups, clubs, churches, schools, service organizations, neighborhood groups, scouts, and individuals are being asked to consider adopting one of the city facilities highlighted on the enclosed map. Participating groups are asked to commit to providing service at least three times a year for at least two years. In return, participating groups will receive recognition in the form of a small sign at the facility, a City Council resolution thanking them for participating, and the satisfaction of providing a useful community service. Participants are asked to provide trash pickup and general cleanup. It is also possible for groups to be involved in weed pulling and flower bed /shrub maintenance, flower planting, painting, or other occasional services. Mr. Kent Korman of the Park Maintenance staff is available to provide assistance in selecting a City facility which best meets the interests and needs of participating groups. The Park Maintenance Department will provide trash bags, gloves, litter pickup sticks, and other materials, as well as safety vests for participants working near traffic. Park Maintenance staff will collect and dispose of trash bags and other items. If your organization is interested in participating in the Adopt -A -Park, Adopt -A- Trail, Adopt - A- Street programs, please contact Kent Korman in the Park Maintenance Department, 569 - 3380, or Joyce Gulseth in the Engineering Department, 569 -3340, or send in the enclosed application form . Projects will be allocated on a first -come first- served basis. Thank you for considering participating in this program. We look forward to working with you on this program. Sincerely, Diane ` Spector .J p PUBLIC WORKS COORDINATOR"��� CITY OF BROOKLYN ADOPT CENTER A PARK TRAIL STREET APPLICATION FORM The City of Brooklyn Center reserves the right to refuse, cancel or revise this agreement if in its sole judgement the nature of the group or its sign is political, controversial, or in questionable taste, or if the group is not meeting the terms and conditions of this agreement. By signing this agreement, the group acknowledges the nature of the work and agrees to comply with the terms and conditions herewith to the satisfaction of the City of Brooklyn center. Except for negligent acts of the City of Brooklyn Center, its agents and employees, the volunteers or their agents shall assume all liability for, and save the City of Brooklyn Center, its agents and employees, harmless from, any and all claims for damages, actions or causes of action arising out of the work to be done herein. Any and all volunteers of the group or other persons while engaged in the performance of any work or service performed under this agreement shall not be considered employees of the City of Brooklyn Center, and any and all claims that may or might arise under the Worker's Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party of the group's volunteers or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the City of Brooklyn Center. rtmco:acaoorrnc w» x•: amnr�. arw�rx :swxa>:..acc. » :w•.nvrvaw:•x..r war., n:• u..•.. r.......... .................,.,» uxum .•xa>sxaar<axsrxsxo:.:.r.•c,•.� • anaocmros. R;cc.:a+x.•:..:acao:•:,�ure�w.a xarcac:. �� Name of Group .(Please Print) Name of Group Representative Address Phone (H) (W) Name to Appear on Sign lst Choice Park/Trail /Street 2nd Choice Park /Trail /Street Signature of Group Representative Date CITY OF BROOKLYN ADOPT CENTER A PARK TRAIL STREET TE "S AND CONDITIONS 1. The group agrees to pick up litter and perform other duties as agreed to in the assigned City park/trail /street at least three (3) times per year over a two year period. Park maintenance staff suggest that the services be provided during the following periods: April 10 - May 10; July 1 - 31; and September 1 - 30. Groups are welcome to volunteer more often, or during other periods as appropriate. 2. The group shall perform said services during daylight hours only. 3. The group shall provide adequate supervision to participants eighteen years of age or younger on site at all times during the project. 4. The group shall arrange project dates at least one week in advance with designated City Adopt -A Program personnel. The group shall obtain materials during regular City Garage business hours, which are 7:00 a.m. - 3:30 p.m. Monday- Friday. The Garage is located at 6844 Shingle Creek Pkwy, and the phone number is 569 -3380. 5. The group shall place filled trash bags and other items to be discarded at a prearranged pick -up point at each project location. Groups are encouraged to recycle appropriate materials for their own benefit. 6. Borrowed or unused supplies shall be returned to the City garage within one week. 7. Groups wishing to contribute other services or perform one time special projects should contact designated City Adopt -A Program personnel. Any planting projects must be approved in advance by the Director of Public Works. The City of Brooklyn Center agrees to: 1. Provide trash bags, gloves, and litter pickup sticks. Safety vests will be provided if volunteers will be working on a street. When necessary, as determined by the City Engineer or his designee, temporary traffic warning signs will be provided. 2. Arrange to remove filled trash bags and large, heavy, or hazardous materials from the project location. 3. Erect a sign at the project location highlighting the group commitment to the Adopt -A Program and obtain an annual City Council resolution thanking the group for its commitment. is ' X .' .� ::,, v1e bys y "'" e c ur, . fi' i� •t 'I 7 " °••.i.. ah: r t g K ,,R „s , �•t t : r f° r r 'HAT TO AVOIDS x t r v , Stay away from construction sites, mowing .' activities open water, bridges, er, dges, overpasses, or retaining wal tha �1� »R » ��. is t could be dangerous for t ^ pedestrians." ; r Avoid poison ivy or other noxious weeds. Stay away from recently applied herbicides. t r , , s 4 Never try to pick up heavy, large or hazardous materials. Notify Mn /DOT for_ pickup. MINNESOTA Give 'em a BRAKE 'HAT TO WEAR HIGHWAY WORKERS H a ove e vy gl s „�t.. <, A p Heavy leather shoes or boots -- Light- colored clothing; brightly colored cap l `C 4 Hat and long sleeves for sunburn; sunscreen; insect or tick repellent �- Adopt -a- Highway is a public senice program for volunteers to ♦ High - visibility tests pick up litter along Minnesota highways. For more information contact your local ]vin /DOT office or call (612) 296 -3000. . t Dml Of Stage �� Minnesota De ent of Transportation '• PRINTED ON "_.FD PAPER R EMEMBER PLANAHEAD WHILE YOU WORK A highway is a dangerous place to be. Every crew ♦ Review safety precautions and take them ♦ Work only during daylight hours during member should possess these qualifications: seriously. good weather. • At least 12 years of age, unless otherwise ♦ Assign work teams and leaders before you ♦ Work one side of the road at a time. Do not perinitted reach the site. Distribute trashbags cross the road to get to your vehicle. beforehand. Estimate the amount of time for • Mentally alert; good common sense your pickup and agree on a meeting place ♦ Whenever possible, face oncoming traffic,' when you're done. Stay alert and be prepared to move out of the • Good physical condition, including sight and way in an emergency. Stay with your team. hearing ♦ Carpool to the site to reduce the number of vehicles along the road. Park vehicles on the ♦ Do not wear headsets which could prevent • Sense of responsibility for safety of self and shoulder in advance of the area and on the your hearing traffic or other hazards. others same side of the highway that crews are working. ♦ Do not crush collected trash to make more • Supervision for workers under age 18 room in the bag; broken or jagged objects ♦ Bring along an adequate first aid kit. Identify could cause accidental injuries. Do not put the nearest hospital and know how to get ' syringes or hypodermic needles in the / A v there in an emergency. trashbag as they can easily puncture the bag J and cause serious injury. Take care to dispose ♦ Don't overexert yourself. Bring along a of them properly or return them to Mn /DOT supply of drinking water and take breaks. for disposal. ♦ Do not horse around or do anything to purposely distract drivers. ki i ItdlU c i V!/ 'r �uh , 0 I ��tr\\ J / ` 27 x _ 29 i 13 `y E _ f_ I * 16 12 1 i _. 9 1�uW f�f1HHf �� lll llll r' ' -- - - ---- - --- -- --- --1 ( - '� 1 _ • i 33"' - 34 45 • ' A 1 42 a �� �k r - - - -- - 3 I 9 22`` - 3 G z 2 6 �� • 40 38 ------------------- 8 10 � 35 X44 20 : 31 ' Y 11 2 - -- - -- -- - - - - - -- 24 —� 41 ���` 32 . 46 23 3 1 • 25 _ 21 - 128 IM s i r. \\ SIDEWALKS EXISTING ON STREET TRAILS (_ = EXISTING OFF STREET TRAILS 8 �« PROPOSED ON STREET TRAILS - - - - -- PROPOSED OFF STREET TRAILS 1 - ,.:: MAP 1 SEE KEY ON REVERSE SIDE ADOPT -A PROGRAM SITES PARK IIIIIIiI TRAIL STREET • • • Adopt -A -Park 1. BELLVUE 55th and Aldrich Avenues 2 GRANDVIEW 59th and Humboldt Avenues 3. LIONS 55th and Russell Avenues 4. HAPPY HOLLOW 50th and Abbott Avenues 5. NORTHPORT 55th and Sailor Lane 6. GARDEN CITY 63rd and Brooklyn Drive 7. BROOKLANE 65th and Drew Avenues 8. KYLAWN 61st and Kyle Avenues 9. ORCHARD LANE 65th and Orchard Lane 10. WANGSTAD 61st and France Avenues 11. WILLOW LANE 69th and Orchard Lane 12. WEST PALMER Palmer Lake Circle 13. EAST PALMER 71st and Oliver Avenues 14. FIREHOUSE 65th and Bryant Avenues 15. EVERGREEN 72nd and Bryant Avenues 16. RIVERDALE Dallas and Riverdale Roads 17. FREEWAY 67th and Beard Avenues 18. TWIN BEACH Twin Lake and Lakeside Avenues 19. CENTRAL Shingle Creek Parkway and Brooklyn Drive 20. RIVER RIDGE Mississippi River and 194/694 21. LAKESIDE Twin Lake Boulevard and Lakeside Place 22. MARLIN Marlin Drive and Indiana Avenue 23. TWIN LAKE ISLAND Upper Twin Lake 24. TWIN LAKE NORTH 58th and Major Avenues 25. TWIN LAKE PENINSULA Halifax and Eckberg Avenues 26. ARBORETUM 61st and Major Avenue 27. SHINGLE CREEK NORTH Both sides of Brooklyn Blvd, north of Wingard Lane 28. TWIN VIEW OUTLOTS 51st Avenue and Twin Lake Boulevard 29. WELL HOUSES East side of Camden Avenue, 70th to 72nd Adopt -A -Trail 30. SHINGLE CREEK NORTH 69th Avenue to I94/694 Pedestrian Bridtye 31. SHINGLE CREEK SOUTH Hennepin County Center to CR 10 32. LILAC DRIVE Centerbrook Golf Course to CR 10 33. 69th AVENUE Brooklyn Blvd to Shingle Creek Parkway (avail 1993) Adopt -A- Street 34. SHINGLE CREEK PKWY N 69th Avenue to I94/694 35. SHINGLE CREEK PKWY S 194/694 to CR 10 36. FREEWAY BOULEVARD EAST Xerxes Avenue to Shingle Creek Parkway 37. FREEWAY BOULEVARD WEST Shingle Creek Parkway T.H. 252 38. SUMMIT DRIVE Shingle Creek Parkway to T.H. 100 39. JOHN MARTIN DRIVE Shingle Creek Parkway to T.H. 100 40. EARLE BROWN DRIVE John Martin Drive to Summit Avenue and loop north 41. COUNTY ROAD 10 Brooklyn Boulevard to T.H. 100 42. HUMBOLDT AVENUE 194/694 to 69th Avenue 43. DUPONT AVENUE NORTH 194/694 to 69th Avenue 44. DUPONT AVENUE SOUTH 194/694 to 57th Avenue 45. WEST RIVER ROAD 66th Avenue to 73rd Avenue 46. LYNDALE AVENUE 53rd Avenue to 57th Avenue (includes river bank) 47. FRANCE /LAKEBREEZE AVES 51st to Azelia Lane CITY OF BROOKLYN CENTER council Meeting Date 4,' 13/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: J Sharon Knutson, Deputy City Clerk ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. i Licenses to be approved by the City Council on April 13, 1992: FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Baskin Robbins 1277 Brookdale Center Beacon Bowl 6525 Lyndale Ave. N Breaktime Services 6660 Shingle Ck. Pkwy. Bridgeman's Restaurant 6201 Brooklyn Blvd. Brookdale Covenant Church 5139 Brooklyn Blvd. Chuck Wagon Grill 5720 Morgan Ave. N. Country Club Market 5715 Morgan Ave. N. Jenny Craig Weight Loss Centre 5951 Earle Brown Dr. Donut Delight 5838 Humboldt Ave. N. Hickory Farms Brookdale Center Holiday JJ504 6849 Brooklyn Blvd. Holiday Inn 2200 Freeway Blvd. Kentucky Fried Chicken 5512 Brooklyn Blvd. Neil's Superette 1505 69th Ave. N. 1 Potato 2 1319 Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. Subs Etc. 6048 Shingle Ck. Pkwy. Subway 1345 Brookdale Mall Subway 1960 57th Ave. N. SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. Target 6100 Shingle Ck. Pkwy. U.A. Theatre 5800 Shingle Ck. Pkwy. Yen Ching Mandarin Restaurant 5900 Shingle Ck. Pkwy. T �l Sanitarian MECHANICAL SYSTEMS Air Comfort Inc. 3944 Louisiana Circle Blaine Htg. A/C & Electric 13562 Central Ave. NE Bostrom Sheet Metal Works, Inc. 785 Curfew Street Delmar Furnace Exchange 4080 83rd Ave. N. Ditter, Inc. 820 Tower Drive Excel Air Systems 2075 Prosperity Rd. Faircon Service 2668 Patton Road Flare Htg. & A/C Inc. 664 Mendelssohn Ave. N. Gas Supply Inc. 2238 Edgewood Ave. S. General Sheet Metal Corporation 2330 Louisiana Ave. N. Golden Valley Htg. & A/C 5182 West Broadway Home Energy Center 14505 21st Ave. N. Horwitz Mechanical Inc. 5000 N. Highway 169 Kleve Htg. & A/C Inc. 13075 Pioneer Trail Maple Grove Htg. & A/C 401 County Road 81 Milts Gas Heating Service Inc. 2500 Longview Drive Minnegasco 201 S. Seventh St. Minnesota Heating & A/C 6908 Georgia Ave. N. NewMech Companies, Inc. 1633 Eustis St. Noel's Htg. & A /C, Inc. 4920 Zachary Lane P & H Services Company 208 73rd Ave. N. Pete's Repair, Inc. 8835 Xylon Ave. N. Pride Mechanical Inc. 3025 NE Randolph St. Riccar Htg. & A/C 2387 136th Ave. NW Ron's Mechanical 1812 E. Shakopee Ave. Royalton Htg. & Cooling Co. 4120 85th Ave. N. Sedgwick Htg. & A/C Co. 8910 Wentworth Ave. S. Superior Contractors Inc. 6121 42nd Ave. N. Fred Vogt & Co., Inc. 3260 Gorham Ave. n Yale Inc. 9649 Girard Ave. N. Building Official MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. ¢Q North Star Dodge Center 6800 Brooklyn Blvd. City Clerk RENTAL DWELLINGS Initial: Alchemedes Investment Co. Brookwood Manor Z & S Welsh Company Shingle Creek Apts. Douglas G. Finch 6637 Xerxes Pl. N. The Menninger Clinic 6012 Zenith Ave. N. Renewal: Brookdale Towers Program Brookdale Towers The Gaughan Companies Victoria Townhouses C. J. Schaber 5956 Beard Ave. N. Howard and Harriet Oien 5801 Brooklyn Blvd. Robert & Marilyn Cashman 5622 Emerson Ave. N. Eugene L. Temple 4207 Lakeside Ave. N. YJ235 Anna Gullord 5328 -30 Queen Ave. N. Kenneth R. Johnson 5301 Winchester Lane Joseph & Patricia Simon 2913 64th Ave. N. Tim & Wendy Romashko 3300 64th Ave. N. Valerie Blount 1316 68th Lane N. Director of Planning L and Inspection SIGN HANGER DeMars Signs 4040 Marshall St. NE Leroy Signs, Inc. 6325 Welcome Ave. N. Suburban Lighting Inc. 6077 Lake Elmo Ave. N. Building Official 4IL-1 SWIMMING POOL Brookdale Ten Apts. 3305 -3433 53rd Ave. N. Days Inn 1501 Freeway Blvd. Earle Brown Farm Apts. 1701 -07 69th Ave. N. Holiday Inn 2200 Freeway Blvd. Sanitarian �L TAXICAB �• Town Taxi 2500 Washington Ave. N. #144 Chief of Police �� GENERAL APPROVAL: P. Page, De ty Clerk CITY OF BROOKLYN CENTER Council Date 04/13/92 Agcnda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CONSIDERATION OF BIDS FOR 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -B �k�k�k�k�k�k�k�k�k�K�k�k�k�k�K�k�k�kXc�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�K�k�k�k�k�k�k7k�k�k�k�k�k�k�k�k�K�k�k�k�k�k�k�k�k�kM�k�k�K�k�k�k�k�k�k�k�k�k DEPT. APPROVAL: Sy Knapp, Dire for of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Yes Attached hereto are the following items: • a revised opinion from City Attorney LeFevere. • a letter from the attorney representing Brown and Cris, the 2nd low bidder. • a revised resolution which would waive the irregularity in S.M. Hentges and Sons'low bid, and award the contract to that firm, with the provision that the City retain that portion of the mobilization item which exceeds S% of the total bid until the project is substantially complete. Staff agrees with Attorney LeFevere that with award of the contract to S.M. Hentges and Sons on this basis there is no material advantage to that bidder, and we can see no basis on which the City would be harmed. Accordingly, we agree with the City Attorney and recommend award of the contract to the Hentges firm. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -B WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1990 -10, bids were received, opened, and tabulated by the City Engineer, on the 31st day of March, 1992. Said bids were as follows: Bidder Bid Amount S.M. Hentges & Sons $ 1,499,942.80 Brown & Cris $ 1,514,315.15 Arcon Construction $ 1,587,215.21 C.S. McCrossan Construction $ 1,603,340.72 Thomas & Sons Construction $ 1,609,232.34 Hardrives, Inc. $ 1,642,560.58 Ryan Contracting $ 1,661,831.10 Northdale Construction $ 1,694,737.42 Barbarossa & Sons $ 1,796,441.37 AND WHEREAS, the Director of Public Works has advised the City Council that the bid submitted by S.M. Hentges and Sons does not comply to the project specifications in that their bid includes a $120,000 bid price for mobilization and this amount represents approximately 8% of the total Base Bid amount, in variance with the special provisions which specify that the bid amount for this item shall not exceed 5% of the total Base Bid amount; and WHEREAS, Minnesota Department of Transportation Standard Specifications Section 2021.5(f), which is incorporated into the Contract Documents by reference, allows the City to withhold the amount bid for mobilization in excess of 5% until 95% or more of the original contract amount is earned; and WHEREAS, the Council has concluded that exercising its rights under said Section 2021.5(f) will assure that the irregularity of the bid of S.M. Hentges and Sons will not secure to S.M. Hentges and Sons a material advantage over other bidders; and WHEREAS, paragraph 15.1 of the instructions to bidders reserves to the City the right to waive informalities in bids; and WHEREAS, the Council has determined that it is in the best interest of the Project and of the City to waive the irregularity in the bid for mobilization of S.M. Hentges and Sons; and RESOLUTION NO. WHEREAS, the primary funding source for this project is the Municipal State Aid Street fund, and final approval of plans and specifications has not yet been received from the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The irregularity in the bid of S.M. Hentges and Sons, to wit: bidding an amount for mobilization in excess of 5% of the total base bid amount, is waived. 2. The City Manager is directed to withhold all amounts bid in excess of 5% of the total base bid until the work of the project is satisfactorily completed and approved and final payment therefor if made. 3. Subject to receipt of final approval of plans and specifications from the Minnesota Department of Transportation, the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $ 1,499,942.80, with S.M. Hentges and Sons of Shakopee, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1990 -10 according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 4. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the 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. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: . whereupon said resolution was declared duly passed and adopted. i HOLMES & GRAVEN ClL4 RTl:R F:ly \tenrnty� sY [.aw 4741 I'M%hury Canter, N lnneaputis, Minnesota 35402 JOHN N1. LEFEVRE, JR. ROBERT A. ALSOP ROBERT J. LIN I-FT (612) 33T - 9300 I.ACkA K.:�tOl.Lf.T RONALD H. BAT Y SEPHEN J. BIJBUL Fatslatlte (612) 337 -9310 DANI[ t. R. NELSON T B. \RBARA L. PORTVi'OOD ROUkRY C. JAMES At. STROMME.N• JOHN B. DEAN S TEYFN M. T A1.l.L'N MARY C. DOBBINS JAMES 1 THUMSON. JR. STEFANIE N.,GALEY LARRY NI, WERTHEIM Coltkl,%E A. HEINE WRITER'S DIRECT DIAL BONNIE L. WILKINS S_ HOLSIt_ti GARY Y. WINTER DA V JA�f}:ti f of N R. LAR.4U lD K R N N JOH 337 - DA VID L. GRAVEN (19:9 -tV91) _ WELLINGTON H. Law OF COUNSEL CHARLES L. LEFEvERE ROBERT L. D:\VIDSON April 13, 1992 Mr. Sy Knapp Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Award of Contract for 69th Avenue Project Dear Sy: In my letter to you of April 8, 1992, I advised that the most legally defensible course of action in response to the irregular bid of S.M. Hentges would be to reject the bid and award the contract to the next lowest responsible bidder. Since writing that letter, several things have been called to my attention that have caused me to reconsider that opinion. In evaluating whether an irregular bid should be rejected, an important consideration is whether the irregularity is of such a nature that it gives the bidder a material advantage over other bidders. In concluding that the bid of S.M. Hentges should be rejected I assumed that the amount mount bid for mobilization would be aid u p p front, thereby reducing the need for cash on the part of the contractor. If this were an accurate assumption, exceeding the 5$ limitation specified in the contract documents ents could rov' p ide a material advantag to a bidder. however, I was unaware of several provisions of the MNDOT Standard Specifications which are included in the contract documents by reference. The first such provision is Section 2021.5(f) which allows the City to withhold any amounts bid for mobilization in excess of 5% of the contract price until the project is completed. If the City exercises its right to so withhold any amount in excess of 5 %, there is no early payment to the contractor and therefore no reduction in the need for cash by the contractor. Additionally, the amount bid for mobilization is not paid immediately, but rather is paid as. the work progresses. The formula for payment, found in Section 2021.5 of the MNDOT specifications, is based on the progress of work on certain items defined as "Major Contract Items, This formula is somewhat complex; but in discussing the effect of the formula with Mark Maloney and representatives of SEH, we have determined that the maximum advantage to the bidder of a bid of 8% for mobilization in this case would be the payment of approximately $7,500, one or two months earlier than it would have been paid if only 5% had been bid. Assuming an interest rate of 10%, this would only amount to an advantage of from $62.50 to $125.00. There are also some disadvantages to the contractor to a bid of more than 5% for mobilization if the City withholds payment of the excess amount until the contract is completed. One disadvantage is that the excess amount is not paid until the contract is oomplotod ovon through the aXp6nses iiV-1U11 , &d b Ual uu1ALJ aclur uc;c:ur much earlier CLL33126 88291 -10 Mr. Sy Knapp April 13, 1992 Page 2 in the course of the contract. If the excess amount had been included in some line item involving earlier work, the contractor would be paid at a much earlier date. A second disadvantage to the bidder is that change orders are paid for on the basis of extension of the contract price for line items.. Therefore, if the excess amount had been placed in some other line item category, a change order increasing the amount of the work in that line item would have increased the payment to the contractor in a greater amount.. These two disadvantages are very likely to cost the contractor a good deal more money than the advantage it could gain by a higher bid for mobilization. For these reasons, I believe that it would be reasonable for the Council to determine that the irregularity does not give the low bidder a material advantage if the Council exercises its option to withhold the amount bid in excess of 5% until the end of the project. �o If the Council determines that it is free waive an irregularity, It must then determine whether it is in the best inte sts of the project to do so. In this case, there is one obvious reason why it wou be advantageous to waive the irregularity: the fact that the bid is approximate $15,000 lower than the next lowest bid. We have been able to determine only circumstances in which waiving the irregularity would be disadvantageous to the City. They are: 1) termination of the contract for the convenience of the City, and 2) significant delay in the project for reasons which are not the fault of the contractor. In either case, the City could be required to pay am amount to the contractor that exceeds the 5% of the project cost set forth in the contract. In my earlier opinion, I assumed that this project included the road work on that part of 69th Avenue where the City is encountering unpredictable soil conditions, and that therefore delay in the project was more likely to occur than in a normal road project. However, this project does not include that part of 89th Avenue. Therefore, delay or termination of the project is very unlikely to occur. Moreover, as noted earlier in this letter, there are several reasons why a higher bid for mobilization are actually advantageous to the City because of the payment proc%2dures established in the MNDOT specifications. One Is that change orders increasing work or quantities in other line items (which I am told is more likely to occur than decreasing such items) would be less expensive for the City. The other advantage is that 3% of the contract amount (the amount bid in excess of 5% of the total project cost) is nearly $45, 000. If the City withholds this amount until the end of the project rather than pay it as the work progresses, as it would have had to do if this amount were included in some other line item, the reduction of project costs could be several thousand dollars. Therefore, it is my opinion that accepting the low bid is quite defensible provided the City withholds all amounts bid for mobilization in excess of 5% until the end of the project. Very truly yours, Charles L. LeFevere CLL : rsr CLL33126 HR291 -10 CHRISTOFFEL, ELLIOTT & HOLPER, P. A. ATTORNEYS AT LA W 805 CAPITAL O M , 4TRL 9£ 1Vt - )Tni W ABASHA S?'MUT Ae Holm SAINT PALIT-, MiNNI. ;OTA 55102 JAMS F. CMFWOFM CW06TOPHER A. SLUM (6f z) 224 -0244 WY F. ALWMW TM EFAX ( 612) 224.0550 OWDON 1.0€N01ER OAM v. HAA1MAP&RM AMMEv4. PALKSON PAULJ. SMIOELIN KROM L JPAO& April 10, 1992 VTA FAC>TMILE 1�►T 337 �931Q Mr. Charles L. LeFevere Holmes & Graven 470 Pillsbury Center Minneapolis, MH 58402 Re: Brown & Cris, Inc. City of Brooklyn Center - improvement Project No. 1990 Dear Mr. LeFevere. This law firm represents Brown & Cris, Inc, with respect to its bid to the city of Brooklyn Center for t construction cif Improvement P N 1990 -10, Contract 2992 -B, the construction of 69th Avenue North. The bids for this Project were opened March 31, 1992, witli S.M. HentcreS & Sons the apparent low bidder at *1,499, and Brown & Cris, Tnc:. , the apparent second bidder at $1,514,315.15, well below the engineer's estimate. After a review of the bids, City staff determined that HentgG's bid is nonresponsive because it ra iled to comply with the City's requirement i c in Bid c q D o c uments that the m unt }yid or a a f Mobilization �� . .., s Z not exceed 5 percent of the total Base- Did amount." You agreed with this conclusion and argued quite- persuasively in your better dated April 8, 1992, to Sy Knapp, City Public works Director, that the City should reject Hentge's bid and award the contract to Brown & Cris, Inc. I learned late today that City staff has now changed its mind ana Vuita ramxzk;1bl Y l detreMi.ned that the Herlt(je' rrUr�re �vris ive bid is now rccponzive. This new condIUSlull is not laeja)ly supportable for the various reasons you dutll.r,ea in your lnt.r_nr to Mr. Knapp and is clearly contrary to the City's own Bid Documents. Pago two Mr. Charles L. LeFevere April 10, 1992 Brown & Cris and I ag City should not award this 3 contract o to g Hentges n and we will t vigorously oppose any -such action. I learned of the change in the city's position too late today tO schedule a hearing with a Judge for a Motion for a Temporary Trtjunction, but I will contact the Court Monday morning to obtain a hearing time, 1 Would also like to discuss this matter with you before the are all put to the trouble and expense of Seeking judicial direction with res-act to this matter. I can be reached over the weekend at 944 -6151 or 1- 845 -0182 or 751-9821 (mobile), Qr at the catfiQe after 7:00 a.m. Monday morning. Thank you for your attention to this matter. I look forward to speaking with you Monday. Regards, David D. Hammargren DDH/ rrl CC: Michael Devine • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING WATER DISTRIBUTION SYSTEM IMPROVEMENT, CONTRACT 1992 -H, ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, on June 24, 1991, the City Council adopted Resolution 91 -165, which accepted the low bid and awarded a contract for Improvement Project No. 1990 -013, Contract 1991 -C, Water Distribution System Improvement, to Glendale Contracting, Inc. of Plymouth, Minnesota; and WHEREAS, Glendale Contracting, Inc., as Principal, no longer possesses the financial resources necessary to complete the work under said Contract 1991 -C, and USF &G, as Surety, has advised that the City undertake the completion of the Project; and WHEREAS, on April 6, 1992, the City officially declared Glendale Contracting, Inc. in default of Contract 1991 -C; and WHEREAS, it is in the best interest of the City of Brooklyn Center to finish the project as expeditiously as possible. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Water Distribution System Improvement, Contract 1992 -H is hereby established. 2. The City Engineer is hereby directed to prepare plans and specifications for the completion of Improvement Project No. 1990 -03. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.