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HomeMy WebLinkAbout1990 05-21 CCP Regular Session CITY COUNCIL AGENDA 0 CITY OF BROOKLYN CENTER MAY 21, 1990 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine b the City Council and will ill be enacted by one motion. There will be no separate discussion of these e items unless a Councilmember so requests, in which event the item will be removed from the consent agenda a and considered in its normal sequence Stz nce •n the agenda. 6. Approval of Minutes: *a. April 9 1990 - Regular Session *b. April 16, 1990 - Work Session *c. April 30, 1990 - Board of Equalization *d. May 3, 1990 - Strategic Planning Session g i g e. May 7 1990 - Board oard o f Equalization 7. Resolutions: *a. Approving the Employee Safety Manual *b. Acknowledging Gift from the Brooklyn Center Rotary Club -$400 designated for Central Park flowers. *c. Approving Proposed Program for Year XVI Urban Hennepin County Community Development Block Grant Funds and Authorizing Its Submittal d. Approving Plans and Specifications and Directing Advertisement for Bids for Construction of Well No. 10, Improvement Project No. 1990 -02 *e. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 5/21/90) *f. Authorizing Payroll Withholding for the Minnesota Benefit Association *g. Adopting a Statement of Investment Policy Y 8. Planning Commission Item: (7:30 p.m.) a. Planning Commission Application No. 90012 submitted by Semper Holdings /Walgreens requesting site and building plan approval to demolish the existing Green Mill Restaurant and build a new Walgreens drug store at 5540 Brooklyn Boulevard -This item was recommended for approval by the Planning Commission at its May 10, 1990, meeting. CITY COUNCIL AGENDA -2- May 21, 1990 9. Discussion Items: a. Municipal State Aid Street Project Funding Update and Bonding Proposal 1. 69th Avenue Southside Property Discussion 2. Approving Cooperative Agreement with the Minnesota Department of Transportation - Regarding cost participation for reconstruction of West River Road between 66th and 73rd Avenues North, improvement project No. 1988 -18. 3. Approving Amendment to Agreement for Professional Services Relating to West River Road, Improvement Project No. 1988 -18 4. Accepting Bid and Awarding Contract for Reconstruction tructio n of West River Road between 66th and 73rd Avenues North, Improvement Project No. 1988 -18 5. Approving Payment for Roadway Easements from Brooklyn Center High School and from Econolodge, Inc., Improvement Project Nos. 1989 -26 and 1989 -27 6. Approving Agreement with Northern States Power Co. to Remove Overhead Power Lines in the Vicinity of the Intersection of Freeway Boulevard and Humboldt Avenue 7. Accepting Bid and Awarding Contract for Reconstruction of Freeway Boulevard /65th Avenue /66th Avenue North between Shingle Creek and T.H. 252 and for the Improvement of Humboldt Avenue North between 65th and 69th Avenues North, Improvement Project Nos. 1989 -26 and 1989 -27, Contract 1990 -D 8. Accepting Bid and Awarding Contract for Installation of Traffic Control Signal Systems at the Intersections of Freeway Boulevard with Shingle Creek Parkway, at Freeway Boulevard with Humboldt Avenue, and at 65th Avenue North with Dupont Avenue North, Improvement Project Nos. 1988 -25, 1990 -11 and 1990 -12, Contract 1990 -E b. Earle Brown Days Report c. All- America City Application Status *10. Licenses 11. Adjournment e MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 9, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. 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, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council had not received any 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. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Paulson requested item 6c be removed from the consent agenda. APPROVAL OF MINUTES - JANUARY 29 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the January 29, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 12 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the February 12, 1990, City Council meeting. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 22 -28, 1990, AS BROOKLYN CENTER VOLUNTEER RECOGNITION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by 4/9/90 -1- member Philip Cohen, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO 90 -67 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO 90 -68 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE BENEFITS FOR THE EDA ASSISTANT COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO 90 -69 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR REPLACEMENT OF POST LIGHTS IN FRONT OF CIVIC CENTER (1990 BUDGET ITEM) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO 90 -70 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF ONE (1) 11,000 GVW CAB /CHASSIS, DUMP BODY, HYDRAULICS AND PLOW The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO 90 -71 Member Celia Scott introduced the following resolution and moved its adoption: DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the following list of licenses: CIGARETTE - OVER THE COUNTER 4/9/90 -2- Lynbrook Bowl, Inc. 6357 North Lilac Drive FOOD ESTABLISHMENT Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Babe Ruth Evergreen Park Brooklyn Center Babe Ruth Grandview Park Brooklyn Center Mobil Super Mart 6849 Brooklyn Blvd. Burger King #220 6110 Brooklyn Blvd. Carmel Corn 1333 Brookdale Center Chuck Wagon Inn 5720 Morgan Ave. N. T. J. Cinnamons Bakery 1345 Brookdale Center Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Donut Delight 6838 Humboldt Ave. N. Earle Brown Commons 6100 Summit Drive 50's Grill 5524 Brooklyn Blvd. Kim Fung 5704 Morgan Ave. N. Ground Round, Inc. 2545 County Road 10 Hickory Farms (Kiosk) Brookdale Mall Gloria Jean's Coffee Bean 1119 Brookdale Center K -Mart 5930 Earle Brown Drive Kids' Time Out 5611 Xerxes Ave. N. Lynbrook Bowl, Inc. 6357 North Lilac Drive Maranatha Cons. Baptist Home 5401 69th Ave. N. McDonald's 5525 Xerxes Ave. N. Minnesota Vikings Food Service 5200 West 74th Street U. S. West 5910 Shingle Ck. Pkwy. Nutrition World 1271 Brookdale Center 1 Potato 2 1319 Brookdale Center Perkins Family Restaurant 5915 John Martin Drive Scoreboard Pizza 6816 Humboldt Ave. N. Subs Etc. 6048 Shingle Ck. Pkwy. T. Wright's 5800 Shingle Ck. Pkwy. Yen Ching Mandarin Restaurant 5900 Shingle Ck. Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6301 Shingle Ck. Pkwy. MECHANICAL SYSTEMS Able Mechanical Services 8701 Hillswick Trail Aer, Inc. Box 1146, St. Cloud All Season Comfort, Inc. 55 Mound Street A. Binder & Son, Inc. 120 East Butler Ave. C. 0. Carlson Air Conditioning 1203 Bryant Ave. N. Centraire, Inc. 7402 Washington Ave. S. Custom Mechanical Inc'. 5973 3rd Street NE Dean's Heating & A/C Route 4, Box 372 Louis Degidio, Inc. 6501 Cedar Ave. S. Egan & Sons Co. 7100 Medicine Lake Road Gas Supply, Inc. 2238 Edgewood Ave. S. Midwest Equipment Co. Inc. 300 West University Minnesota Heating & A/C 6908 Georgia Ave. N. Modern Heating & A/C 2318 First Street NE 4/9/90 -3- Pete's Repair, Inc. 8835 Xylon Ave. N. Realistic Heating & Cooling, Inc. 10604 Radisson Road NE Sedgwick Heating & Air Cond. 8910 Wentworth Ave. S. Thompson Air, Inc. 5115 Hanson Court Fred Vogt & Co., Inc. 3260 Gorham Avenue MOTOR VEHICLE DEALERSHIP Brookdale Pontiac 6801 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. SIGN HANGER Sign Service 1016 North Fifth St. SPECIAL FOOD HANDLING ESTABLISHMENT Paper Warehouse 5900 Shingle Ck. Pkwy. SWIMMING POOL Twin Lake North Apartments 4536 58th Ave. N. The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 26 1990 - REGULAR SESSION Councilmember Paulson stated on page nine of the February 26, 1990, City Council minutes, the first paragraph should reflect that Councilmember Pedlar stated he happens to be a tobacco user. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve the minutes of the February 26, 1990, City Council meeting as corrected. The motion passed unanimously. PRESENTATION - CHARTER COMMISSION Mayor Nyquist noted this evening a presentation of two plaques would be made to Mr. Dennis Kueng for his service on the Charter Commission. He thanked Mr. Kueng for his time and service to the Charter Commission. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Regarding Tree Removal Project No. 1990 - 13, Contract 1990 -B. Councilmember Scott inquired as to the location of the dump site. The Director of Public Works stated a combination of areas would be used including sanitary land fills and agriculture areas that are allowed for this use within the law. He noted there is no dump site within Hennepin County. Councilmember Pedlar stated he felt the staff's concerns regarding the references and complaints of the low bidder should be related to this company. Councilmember er Paulson inquired why the contractor that was used last year came in at such a high bid. The Director of Public Works stated he believed this contractor has been awarded many other contracts and was not as eager for our contract this year. RESOLUTION NO 90 -72 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1990 TREE REMOVAL PROJECT NO. 4/9/90 -4- 1990 -13, CONTRACT 1990 -B The motion for the adoption of the foregoing resolution was duly econded b Y Y member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Improvement Project 1988 -18. He noted this is for reconstruction of West River Road from 66th Avenue North to 73rd Avenue North. The Director of Public Works gave a brief history of this project and noted it comprehends total reconstruction from 63rd Avenue North to 73rd Avenue North on West River Road. He noted there would be concrete curb and gutter and a trailway constructed on the west side. He stated the landscaping is not included in this contract. He added if bids are opened in May and the necessary approvals are received from MNDOT, the project could be completed this fall. Councilmember Pedlar inquired if the $1,046,000 preliminary estimate included the landscaping. The Director of Public Works responded affirmatively. Mayor Nyquist inquired if there was any danger of the City using too much of the State aid funds. The Director of Public Works stated the funding for this project comes from the turnback fund which is different from State aid funds. RESOLUTION NO 90 -73 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT 1988 -18 - RECONSTRUCTION OF WEST RIVER ROAD FROM 66TH AVENUE NORTH TO 73RD AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Approving Agreement with Northern States Power Company to Remove Overhead Power Lines on West River Road between 66th Avenue North and 73rd Avenue North, Improvement Project 1988 -18. Councilmember Pedlar inquired if there would be any charges to the residents for this action. The City Manager stated the residents would not receive any type of charge. RESOLUTION NO 90 -74 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY TO REMOVE OVERHEAD POWER LINES ON WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH TO 73RD AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Managerr� presented a Resolution Amending the 1990 General Fund Budget. He stated this action would transfer funds from the contingency account to pay for the application process for the All- America City Committee. He noted at the time of the last application the City did pay for this application. RESOLUTION NO 90 -75 4/9/90 -5- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:25 p.m. and reconvened at 7:32 p.m. ORDINANCES The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances. He noted this amendment relates to the parking and storage of vehicles and equipment in residential areas. He stated this item was first read on February 26, 1990, published in the City's official newspaper on March 7, 1990, and is offered this evening for a second reading. The Director of Planning and Inspection directed the Council to a copy of a letter which was sent to the Mayor and Council. He noted this ordinance amendment would not change the situation at all. He did note, however, the ordinance amendment regarding the height of fences could help the complainant if the property owner would put up a higher fence. He then went on to discuss some of the other situations staff has found throughout the City. Councilmember Cohen inquired if there is any language within the ordinance that will prevent a property owner from paving the entire front yard and using it as a parking lot. The Director of Planning and Inspection stated under the proposed amendment a property owner could use up to 50% of the front yard. He noted this may be an issue which the Council should address. Councilmember Cohen noted there wouldn't be anything the Council could do this evening because of the public hearing. The City Manager stated if the Council wished it could modify the language this evening and then republish the ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter g p 19 of the City Ordinances antes by Declaring Certain Actions as Public Nuisances. He recognized Elsa Waggoner, 6442 June Avenue g gg North. Ms. Waggoner stated she has a neighbor who has one car and three vans that haven't moved since December. She stated there are also three other vehicles that do come and go every day. She inquired if there was a limit to the number of vehicles per household. The City Manager stated there is no limit per household contained in the ordinances. He asked the address of the property which Ms. Waggoner was complaining about. Ms. Waggoner stated the property address is 6437 June Avenue North. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances. The motion passed unanimously. Councilmember Pedlar stated he has spoken with Mrs. Dennis regarding the 4/9/90 -6- situation on Admiral Lane. He noted after reviewing this site, he feels there are problems in this area which go much deeper than what is being addressed in the ordinance amendment. He stated he felt staff should review this area closely. The City Manager stated he understands Councilmembers Paulson, Pedlar, and Cohen were not on the City Council when staff began reviewing this ordinance amendment. He noted City staff and the City Council have been from one end of the spectrum to the other with regards to this issue. He noted one of the questions which needs to be addressed is how far does the City want to go with this issue. Councilmember Cohen inquired if staff had any recommendations regarding the percentage of front yard which can be paved. The Director of Planning and Inspection stated he would suggest adopting some type of limitation and staff could review this further if the Council wished. Councilmember Cohen stated he would like staff to review this issue and bring back a report to the Council. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for second reading An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances. Councilmember Pedlar stated he would like to amend the language to decrease the percentage of allowed pavement to 25% of the front yard. Councilmember Cohen stated he would agree to this amendment. There was a brief discussion regarding whether this percentage decrease would hurt some residents. Councilmembers Pedlar and Cohen agreed to withdraw their amendment. ORDINANCE NO. 90 -07 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING CERTAIN ACTIONS AS PUBLIC NUISANCES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen instructing to review g the issue of the ercenta e of pavement allowed in P g P the front yard. The motion passed unanimously. y The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Height of Fences, Hedges, and Walls. He noted this ordinance amendment would allow higher fences, hedges, and walls in certain yards that abut public streets. He stated the item was first read on February 26, 1990, published in the City's official newspaper on March 7, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Height of Fences, Hedges, and Walls. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on An Ordinance Amending Chapter 35 of the City 4/9/90 -7- Ordinances Regarding the Height of Fences, Hedges, and Walls. The motion passed unanimously. ORDINANCE NO. 90 -08 Member Jerry Pedlar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE HEIGHT OF FENCES, HEDGES AND WALLS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted and Special Uses in the Cl, C2, and I -1 Zoning Districts. He noted this item was offered for a first reading on March 12, 1990, published in the City's official newspaper on March 21, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted and Special Uses in the Cl, C2, and I -1 Zoning Districts. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted and Special Uses in the Cl, C2, and I -1 Zoning Districts. The motion passed unanimously. ORDINANCE NO. 90 -09 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING PERMITTED AND SPECIAL USES IN THE Cl, C2, AND I -1 ZONING DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 11 of the Brooklyn Center City Ordinances. He noted this amendment pertains to changes in the liquor licensing ordinance. He stated this item was first read on March 12, 1990, published in the City's official newspaper on March 21, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing On An Ordinance Amending Chapter 11 of the Brooklyn Center City Ordinances. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to close the public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center City Ordinances. The motion passed unanimously. 4/9/90 -8- ORDINANCE NO. 90 -10 Member Todd Paulson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CITY ORDINANCES The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. He noted this ordinance amendment describes the land the City Council rezoned from I -1 to C2 under Planning Commission Application No. 89003 on March 12, 1990. He stated this item is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land and setting a public hearing date of May 7, 1990, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Wastes. He stated this item is offered this evening for a first reading. He noted it would require the haulers within Brooklyn Center to pick up yard waste. Mayor Nyquist recognized Peter Drycough who stated he is a retired resident of Brooklyn Center, and he feels this additional charge for yard waste will be difficult for residents with set incomes. He inquired if the City of Brooklyn Center could not do like Minneapolis and handle the composting itself. Councilmember Cohen agreed with Mr. Drycough that it will be a hardship for many residents and added there is a need to educate the residents on backyard composting. Mr. Drycough inquired if it would be possible to begin burning leaves again. The City Manager stated the Minnesota Pollution Control Agency banned the burning of leaves and grass due to air quality standards. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste and setting a public hearing of May 7, 1990, at 7:30 p.m. The motion passed unanimously. PUBLIC HEARING The City Manager presented the next item which was a public hearing regarding proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and 69th Avenues North. He stated notices of this hearing have been published in the City's official newspaper, and individual notices were sent to the owners of property affected by the proposed improvements. He explained the project initially started as a heavy maintenance project within the existing curb line. He noted as staff reviewed the project area, they found a number of existing problems and needs for other improvements. The City Manager stated staff recommends the public hearing be conducted in accordance with the following format: an overview of the proposed improvements; 4/9/90 -9- Public hearing for comments regarding proposed improvements; discussion by City Council; and consideration of the two resolutions prepared for this evening's meeting. The Director of Public Works went on to review the existing conditions along this area and the proposed improvements. He noted the proposed projects include many major components. He then reviewed the existin g traffic counts in the area and the projections made for the year 2010. He continued with a detailed description of the proposed improvements along Freeway Boulevard /65th Avenue /66th Avenue and also the improvements to Humboldt Avenue and Dupont Avenue. He noted the sanitary sewer line along this area was also televised during review of the project, and it was noted there are ten sections which will need repair. He stated he would recommend repairing these areas before proceeding with the street improvement project. Councilmember Pedlar inquired where the projected traffic would be coming from in the year 2010. The Director of Public Works stated it is expected the now undeveloped areas in the industrial park will create more traffic by the year 2010. Councilmember Cohen inquired if the projection for traffic includes any redevelopment of the Lynbrook Bowl area. The Director of Public Works stated the present site conditions were used in figuring the traffic projections. Councilmember Cohen inquired if staff has reviewed the project with the Brooklyn Center High School administration. The Director of Public Works stated he has reviewed the entire project with Superintendent Rossi. He noted Brooklyn Center High School has requested that the sidewalk along Humboldt Avenue be widened to 14' and to also make it adjacent to the curb. Councilmember Paulson inquired why Humboldt Avenue sidewalks are not tied into the trail system. The Director of Public Works explained it is not recommended that this area be designated as a full trailway because it is very difficult to extend the trail past 69th Avenue North. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and 69th Avenues North. He recognized Lynn Torkildson of Riverwood Townhomes. Ms. Torkildson stated she has not noticed any large amounts of traffic in the area since the 1 -694 detours. She inquired if the traffic counts were taken during the detours. The Director of Public Works explained the traffic counts were taken before and after the detours last summer, and these counts were compared with counts taken in 1988 for accuracy. Ms. Torkildson stated she feels the Riverwood Townhome complex creates less traffic than a normal City block with single- family homes. She inquired if any consideration has been given to reviewing the assessment policy so that Riverwood Townhomes would not have to pay any special assessments. The Director of Public Works stated staff has not reviewed this specific area, but they can do so and report back before the special assessment hearing. Mayor Nyquist inquired if there was anyone else present who wished to address the Council regarding the proposed improvement project. There being none, he entertained a motion to close the public. hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing. The motion passed unanimously. 4/9/90 -10- Councilmember Paulson stated he would like to recommend that Humboldt Avenue North to 69th Avenue be added as part of the trailway system. The City Manager inquired if the Council could direct staff with a separate motion to investigate this recommendation. Councilmember Paulson stated he also feels there are other areas which may be in greater need of improvements. RESOLUTION NO. 90 -76 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECTS 1988 -25, 1989 -26, 1989 -27, 1990- 11 AND 1990-12, 12, FREEWAY BOULEVARD /65TH AVENUE 66TH AVENUE BETWEEN SHINGLE CREEK EK AND T.H. 252; AND FOR IMPROVEMENT PROJECT 1989 -27, HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen directing staff to review the assessment policy as it pertains to Riverwood Townhomes along 66th Avenue North; to investigate the possibility of extending the bicycle trail from 67th Avenue North to 69th Avenue North along Humboldt Avenue; and also to prepare a statement of priorities on other State Aid streets. The motion passed unanimously. RESOLUTION NO. 90 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109 - 121 -04 AND 109 - 111 -13 FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE BETWEEN SHINGLE CREEK AND T.H. 252, AND MSAP 109- 108 -04, AND ON HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:05 p.m. and reconvened at 9 :16 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 90002 SUBMITTED BY DAVID ROOP REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A CUSTOM WOODWORKING HOME OCCUPATION INVOLVING ONE NONRESIDENT EMPLOYEE IN THE BASEMENT DWELLING AND IN A PORTION OF THE DETACHED GARAGE AT 7219 GRIMES AVENUE NORTH The City Manager noted this application was recommended for approval by the Planning Commission at its March 15, 1990, meeting. The Director of Planning and Inspection directed the Mayor and City Council to pages one through five of the March 15, 1990, Planning Commission minutes and information sheet. He noted a special use permit is required because of the nonresident employee which is mentioned in the application. He noted this will be a secondary job for both 4/9/90 -11- the owner and the employee who is the owner's son. He stated the applicant has noted if the business were to increase after his retirement, he would most likely try to find a commercial site for his business. The Director of Planning and Inspection stated the Planning Commission recommended 11 conditions of approval for this application and proceeded to review the conditions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90002 submitted by David Roop. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 90002. The motion passed unanimously. Councilmember Pedlar stated he seems to recall at the time of the last home occupation application, the Council had decided to have staff review these permits. He inquired of the applicant if any finishing of the wood pieces would be done at this site. Mr. Roop stated he prefers not to do any of the staining or varnishing on these pieces. Councilmember Cohen stated he is sure the Council will be seeing more of these types of special use permits, and staff should not be reviewing how to get rid of them but how to work effectively with them. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 90002 submitted by David Roop subject to the following conditions: 1. The special use permit is granted only for a woodworking shop in the basement of the dwelling and in the back of the detached garage as indicated in the applicant's proposal. The home occupation may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The home occupation is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 3. Special use permit approval acknowledges employment on the premises of one (1) nonresident employee. 4. The hours of operation shall be from 6 p.m. -9:30 p.m. weekdays and 9 a.m. -5 p.m. on Saturdays. 5. The addition to the garage shall be a separate room and shall be insulated and sheetrocked. Double glass windows shall also be installed. Windows shall be closed during the use of power equipment to minimize noise emanating to adjacent properties. 6. A .dust collection system shall be installed in the garage room. The Fire Department shall inspect the installation of the dust collection system and shall inspect the operation on at least an annual basis. 4/9/90 -12- 7. A 20 lb. fire extinguisher shall be installed in the work areas as required by the Fire Chief. 8. Any customer parking associated with the home occupation shall be off - street on improved space provided by the applicant. 9. The home occupation shall not involve the parking or storage of vehicles and equipment prohibited in residential zones under Section 19 -101 of the nuisance ordinance. 10. All storage of materials or equipment associated with the home occupation shall be within an enclosed building. 11. No radio frequency interference to neighboring properties caused by the home occupation shall be permitted. The motion passed unanimously. PLANNING COMMISSION APPLICATION N0. 90003 SUBMITTED BY E AND H PROPERTIES REQUESTING REZONING FROM R5 TO C2 A SLIVER OF LAND EAST OF THE ATKINS MECHANICAL SITE AT 6550 WEST RIVER ROAD ALSO A REQUEST TO REZONE FROM R5 TO Cl THE REST OF THE LAND EASTWARD TO WILLOW LANE NORTH TO THE KETROSER APARTMENTS AND PLANNING COMMISSION APPLICATION NO. 90004 SUBMITTED BY E AND H PROPERTIES REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE THE FOUR PARCELS OF LAND SOUTH OF 66TH AVENUE NORTH AND EAST OF T.H. 252 OWNED BY E AND H PROPERTIES INTO TWO PARCELS ONE ADJACENT TO THE T.H. 252 FRONTAGE TO BE ZONED C2 AND ONE ADJACENT TO WILLOW LANE TO BE ZONED Cl AND PLANNING COMMISSION APPLICATION NO. 89012 SUBMITTED BY FINA OIL AND CHEMICAL COMPANY REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A SERVICE STATION /CONVENIENT STORE /CARWASH AT THE SOUTHEAST CORNER OF T.H. 252 ON 66TH AVENUE NORTH The Director of Planning and Inspection stated these three Planning Commission applications are interrelated, and he would recommend reviewing them concurrently. He went on to review Planning Commission Application No. 90003 and noted this application was recommended for approval by the Planning Commission at its March 29, 1990, meeting through Planning Commission Resolution No. 90 -01. He then reviewed the existing site and stated this land had been placed under the moratorium approximately one year ago. He then reviewed the recommendations submitted by Short- Elliott - Hendrickson. He noted Fina Oil has expressed some concern over the City's ability to obtain the right -of -way necessary from MNDOT. The Director of Planning and Inspection noted a public hearing has been scheduled for all three Planning Commission applications this evening and noted he would recommend holding one hearing for all three items. Councilmember Cohen 4/9/90 -13- inquired what other types of C2 uses could be developed in this area. The Director of Planning and Inspection stated C2 zoning has the most permitted uses of any zoning. He went on to review the different types of businesses which would be allowed in a C2 zone. Mayor Nyquist inquired if there has been any further word regarding the turnback of MNDOT property. The Director of Public Works stated staff is communicating with MNDOT on a weekly basis. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 90003, 90004, and 89012. He inquired if there was anyone present who wished to address the Council. He then recognized Howard Atkins, owner of Atkins Mechanical. Mr. Atkins stated he has been a resident of Brooklyn Center for 31 years. He noted he purchased this property ten years ago and submitted his Planning Commission application and request over a year ago. He noted it has been a year since the plans were submitted and stated since the moratorium is complete, he would ask the Council to give consideration to these Planning Commission applications. Mayor Nyquist then recognized Mike Merrigan, Attorney for E and H Properties. Mr. Merrigan stated Mr. Atkins has worked with the staff as much as is possible. He stated his client should not be deprived of the present use of his land in hopes that MNDOT will turn right -of -way property over to the City. Mayor Nyquist then recognized Al Pierce, Architect for E and H Properties. Mr. Pierce went on to review the retrofit plan and noted the screening towards Willow Lane. He stated he feels its plan is as effective as the staff recommendation. Mayor Nyquist recognized Pat Wilcox, Attorney for Fina Oil. Mr. Wilcox stated he would like the memorandum from Syverson, Wilcox, and Sheldon, P.A.; the report from SEH on the land use study; and the information from Mr. Merrigan entered into this evening's minutes. He went on to review the proposed development. He noted his client has agreed to all changes which were noted by the City Planner. He noted he and his client have tried to work with the City and the neighborhood. Mayor Nyquist then recognized Mr. Arlow Johnson, owner of the Brookdale Motel, who stated it would be difficult for him to deny Mr. Atkins the rightful use of his property. Mayor Nyquist recognized Richard Jewett, 6552 Willow Lane. Mr. Jewett submitted photographs of the area depicting the traffic problem. He noted even with the proposed realignment, there would be an even larger traffic problem than there is now. Mayor Nyquist recognized Philip Delaney, 6518 Willow Lane. Mr. Delaney stated that Mr. Wilcox has indicated the neighborhood is unwilling to have further development in the area. He stated he felt that was untrue, and the neighborhood has accepted the plan for the office building but noted the proposed gas station would be too intense with the added traffic. Mayor Nyquist then recognized Tom Corey, 6416 Willow Lane, who stated he was not opposed to all development in the area. Councilmember Cohen inquired as to the timetable for constructing an office building. Mr. Atkins stated he would propose to build a 9,000 square foot building of which his business would use 2,000 square feet. He noted the office space must be pre - leased before the construction loan would be approved. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. 4/9/90 -14- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing for Planning Commission Application Nos. 90003, 90004, and 89012. The motion passed unanimously. Councilmember Cohen asked the City Attorney to comment on these applications. The City Attorney stated it has been staff's expectation if the frontage road could be obtained, it would be, in effect, swapped for the property on the east side of Mr. Atkins' development. He noted Mr. Atkins could expect to receive full market value for the berm area. Mr. Wilcox stated all the uncertainties make it very difficult to agree to this situation. He noted he is currently working with another City that has been waiting two and a half years for a turnback. The City Attorney agreed with Mr. Wilcox that working with MNDOT can be a lengthy process. He noted according to the Director of Planning and Inspection, Fina Oil has met all the ordinance requirements. He noted the gas station is not a permitted use but a special use in this zoning district. He stated the Council must decide if Fina Oil has met all the requirements for a special use permit. The City Attorney stated Mr. Wilcox is correct in saying there should be more in the public record than neighborhood opposition, but the Council may use this as a basis for its decision. He added there is no evidence that would suggest there would be a substantial decrease in property values for the residents in this area. He added the SEH study indicated it would not be an increased amount of traffic volume in the area. However, this study did not address traffic movements and congestion. He stated these applicants must be treated equally, however, he is not sure the SuperAmerica site across the street can be considered comparable to the proposed development. Councilmember Cohen inquired where the City y would stand in legal proceedings if the Council were to den these ese applications. The City Attorney stated the Council would have to deny these applications based on the fact they did not meet the standards for a special use permit. He noted courts have not been overly friendly towards cities with regard to denial of land use. He stated if the City Council denies the application, it should direct the staff to prepare a statement of findings. He noted if challenged, evidence would be gathered to support the staff's findings. Councilmember Cohen stated the City would be asked to prove the application did not meet the standards for a special use permit and also that it would generate lights, noise, traffic, etc. Mayor Nyquist inquired if the City Attorney is suggesting staff research data that will support the City's case. The City Attorney stated if the Council feels there is a need for additional proof, he would recommend the item be tabled to a later date. Councilmember Scott stated years ago there was a similar situation at the corner of 57th and Logan with the SuperAmerica station. She noted the City was taken to court and the judge determined the City's actions were arbitrary and capricious. She added while this service station is not a permitted use, it is a permitted special use within the zoning district, and she would doubt whether the City would have a leg to stand on in court. Councilmember Pedlar stated there is a Fina Oil station near his neighborhood, and he noticed an increase in the traffic since the station has been improved. He stated he feels this neighborhood will be impacted by the development of a service station in the neighborhood. He added Mr. Atkins should have the opportunity to develop his property, but he believes Fina Oil or any other service station will have a 4/9/90 -15- negative impact on the neighborhood. Councilmember Paulson stated he feels this entire area is a good candidate for major redevelopment, but it is not realistic to look at the entire area at this time. Councilmember Cohen stated the Council could deny the applications and take its chances with litigation; however, this would be very costly. He stated he felt the City should work with the applicant and try to develop the best possible situation for the neighborhood and applicant. The City Manager stated the Council could approve the rezoning and the plat applications and direct the staff to work with the developer with regard to the areas of concern. RESOLUTION NO. 90 -78 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 90003 SUBMITTED BY E AND H PROPERTIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Jerry Pedlar opposed. There was a motion by Councilmember Scott and seconded by Councilmember Cohen approving Planning Commission Application No. 90004 submitted by E and H Properties subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. The motion passed with Councilmember Pedlar opposed. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare a resolution approving Planning Commission Application No. 89012 and further directing staff to return with a report regarding the following issues: sidewalk; wall; canopy lighting; spillage of light or noise past site; and landscaping around car wash. The motion passed with Councilmember Pedlar opposed. PLANNING COMMISSION APPLICATION NO. 90005 SUBMITTED BY THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA) REQUESTING VARIANCE APPROVAL FOR A PACKAGE OF STGNS TO BE USED AT THE EARLE BROWN HERITAGE CENTER 6105 EARLE BROWN DRIVE ETC. The City Manager noted this application was recommended for approval by the Planning Commission at its March 15, 1990, meeting. The Director of Planning and Inspection referred the Mayor and City Council to page 11 of the March 29, 1990, Planning Commission minutes. He noted the Planning Commission recommended approval of the application in light of three findings. Councilmember Paulson inquired if any of these signs are off -site. The Director of Planning.and Inspection stated there is one sign which can be considered off - site because it is at the common entrance to the Earle Brown Commons complex and the Inn on the Farm. 4/9/90 -16- Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90005 submitted by the Brooklyn Center Economic Development Authority. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 90005 submitted by the Brooklyn Center Economic Development Authority. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 90005 submitted by the Brooklyn Center Economic Development Authority in light of the following findings: 1. The Earle Brown Farm site is a unique historic resource for the community and merits special consideration in lieu of the City Council's action on Application No. 81041 (condition #5). 2. The proposed signery conveys necessary visual communication and is not excessive or distasteful as it relates to the historic character of the Earle Brown Farm site. 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The motion passed unanimously. PUBLIC HEARING - TAX INCREMENT DISTRICT The City Manager noted this resolution and public hearing relates to the action which was taken by the EDA earlier in the meeting. He noted the public hearing had been opened and closed a few months ago and all that is required is the action on the resolution. RESOLUTION NO 90 -79 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING A MODIFIED PROJECT PLAN FOR HOUSING DEVELOPMENT PROJECT NO. O1 AND A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 01 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. DISCUSSION ITEMS NORTHWEST NEWS NEWSPAPER The City Manager stated the Northwest News newspaper is proposing a four -week experiment in which Brooklyn Center would receive a page in the newspaper over which it could have complete editorial control. He noted the cost of this four- . 4/9/90 -17- �L week coverage would be $1,800. He stated staff is recommending approval of this proposal. He added he does not believe it would make sense to continue the six times a year City Manager's newsletter should this type of proposed newsletter format be recognized as more effective. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen authorizing the expenditure of up to $1,800 for the four week newsletter experiment with Northwest News. The motion passed unanimously. APPOINTMENT TO HENNEPIN COUNTY CITIZENS ADVISORY COMMITTEE - BLOCK GRANT The City Manager stated it is Brooklyn Center's turn to appoint a representative to the Hennepin County Citizens Advisory Committee on block grants. He noted this is a two year appointment and Barb Jensen has indicated her willingness to serve in this capacity. There was a motion by Councilmember Scott and seconded by Councilmember Paulson appointing Barb Jensen to the Hennepin County Citizens Advisory Committee on block grants. The motion passed unanimously. AMENDING THE 1990 PAY PLAN TO ADD ONE ADDITIONAL MAINTENANCE WORKER IN THE PUBLIC UTILITIES DIVISION The City Manager stated the Director of Public Works is recommending one additional maintenance worker be added to the existing Public Utilities Division staff. He noted the existing level of staffing has remained unchanged for more than ten years. He stated during that time many changes have occurred which add significantly to the responsibilities and work load of this division. Councilmember Pedlar inquired if this is a nonbudgeted item. The City Manager responded it can be considered a nonbudgeted item, however, it is in the Public Utilities Division and not the general fund. Councilmember Pedlar stated he was concerned with increasing the amount of employees when financially things are going to become more difficult for the City. RESOLUTION N0. 90 -80 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1990 PAY PLAN TO ADD ONE ADDITIONAL MAINTENANCE WORKER IN THE PUBLIC UTILITIES DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. REVIEW OF 1990 PLANNING SESSION The City Manager stated he has had initial discussions with the facilitators of the Planning Session which was done in 1989. He stated he would like to hold the Planning Session in the captain's room at the Heritage Center. He noted at this time the available dates for the session are May 1, 2, and 3. There was a general discussion regarding the Planning Session and the topics which would be discussed. There was a general consensus among Councilmembers that the Planning Session would be held on May 3, 1990, in the captain's room at the Heritage Center. 4/9/90 18 REVIEW OF 69TH AVENUE CONSTRUCTION PROJECT - IMPACT ON SOUTH SIDE PROPERTIES The City Manager stated as part of the Council's approval of the 69th Avenue reconstruction project, it authorized staff to look at the properties on the south side of 69th Avenue west of France Avenue North. He pointed out the use of the Minnesota State aid funds would not be available for the taking of any of the properties on the south side of the project if the project is going to be constructed along the north side of 69th Avenue. Councilmember Cohen stated if the City is not going to purchase the properties along the south side of 69th Avenue, he does not feel the City should assess these properties. Councilmember Pedlar stated he does support the decision which was made regarding the 69th Avenue project, but he does not see a benefit to those property owners on the south side. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen directing staff to investigate the feasibility of purchasing the homes along the south side of 69th Avenue west of France Avenue North. The motion passed unanimously. APPROVAL OF CLASS F ON -SALE INTOXICATING LIQUOR LICENSE FOR OMEGA FOODS INC DBA ATRIUM CATERING The City Manager stated this would be the liquor license for the Earle Brown Heritage Center. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving the class F on -sale intoxicating liquor license for Omega Foods, Inc. DBA Atrium Catering. The motion passed unanimously. OTHER BUSINESS Councilmember Paulson stated if anyone is interested there would be a tour at the MTC bus garage on Wednesday, April 11, 1990, at 9 a.m. The City Manager inquired if it would be possible to hold a work session on April 16, 1990, at 7:30 p.m. There was a general consensus among Councilmembers to set a work session for the City Council on Monday, April 16, 1990, at 7:30 p.m. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :53 p.m. City Clerk Mayor 4/9/90 -19- 1 MINUTES OF CITY OF BROOKLYN CITY COUNCIL WORK SESSION APRIL 16, 1990 The meeting of the Brooklyn Center City Council work session was called to order at 7:30 p.m. by Mayor Nyquist. Present at the meeting were: Mayor Nyquist, Councilmembers Cohen, Paulson, Pedlar, and Scott. Others present were: Attorney LeFevere, City Manager Splinter, Public Works Director Knapp, Police Chief Lindsay, and Architect Mjorud. The first portion of the meeting was an executive session in which the City Attorney updated the City Council on all pending lawsuits in which the City of Brooklyn Center is involved. The second portion of the meeting involved a general discussion of the various proposals for expansion of the civic center and other capital improvement projects currently being considered by the City. Following discussion on the capital improvement projects, the City Council discussed opportunities and options available to improve the capability of Brooklyn Center and other Minnesota cities' lobbying efforts. Meeting adjourned approximately 9:45 p.m. Recording Secretary Gerald G. Splinter, City Manager Date MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF EQUALIZATION APRIL 30, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, City Assessor Mark Parish, Property Appraiser Nancy Bye, and Administrative Aide Patti Page. PURPOSE OF BOARD OF EQUALIZATION The City Manager reviewed the purpose of the Board of Equalization meeting and pointed out the City Council was serving as the Board of Equalization to conduct a review of assessed valuations within the City and to allow time for public inquiry regarding local assessments after the City Assessor makes his report. The City Manager introduced Mark Parish, City Assessor, who pointed out there are various steps an individual may take when seeking adjustments in their valuations, and he explained the meeting tonight is the first step, after which the inquiries pass on to the County; and the County then passes it on to the State for its review. He noted if an individual prefers to bypass these steps, he may go directly to tax court. He then went on to present a brief overview of the tax system currently used and also the 1990 assessment time line. He added the purpose this evening is not to argue about the appropriateness of the tax systems but to discuss the market valuations. THE CITY ASSESSOR'S REPORT The City Assessor explained the State requires 25% of all parcels be inspected each year by the Assessing Department. He then went on to review the sales ratio studies. He explained the sales ratio study was a substantive part of what is done by the Assessing Department. He noted the aggregate ratio is 93.7 %; the median ratio is 93.4 %; and the coefficient of dispersion is 5.3 %. Councilmember Cohen noted if a resident refuses entry, then the Assessing Department assumes the market value has increased 15 %. The City Assessor noted if entry is refused, the average increase plus an additional 15% is added to the market value. Councilmember Cohen inquired if this additional 15% increase causes the residents to change their minds. The City Assessor stated about 50% of the people allow entry after they see the 15% increase. PUBLIC INQUIRY REGARDING LOCAL ASSESSMENTS Mayor Nyquist recognized William Schutte, representing 6715, 6719, 6717, and 6721 Humboldt Avenue North. Mr. Schutte stated in September of 1989, he had his properties appraised, and it was determined they had a market value of $118,500 each. He noted his property was compared with properties in Spring Lake Park, 4/30/90 -1- 4 Brooklyn Center, and Minneapolis. Mayor Nyquist inquired why Mr. Schutte's Appraiser used comparisons from other cities instead of Brooklyn Center. Mr. Schutte explained the Appraiser tried to compare his complex with other like - complexes. He noted it is difficult to compare a complex that has only one building versus a complex that has four buildings. Mayor Nyquist inquired if Mr. Schutte has met with the City Assessor. Mr. Schutte responded negatively. Mayor Nyquist inquired if the City Assessor had any suggestions regarding this issue. The City Assessor stated he would like to review the appraisal which Mr. Schutte had completed in September and report back to the Council next week. Mr. Schutte inquired if he would have to be present at next week's meeting, if he did not agree with the staff's recommendation. The City Manager stated he could submit his disagreement in writing. Mr. Schutte stated he had some questions regarding the use of the gross rent multiplier. The City Assessor went on to explain use of the rent ross multiplier. tier. Mr. Schutte stated he P would be willing to meet with the City Assessor. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to continue the appeal of the market value for the properties located at 6715, 6719, 6717, and 6721 Humboldt Avenue North, PID Nos. 35- 119 -21 -11 -0009, 35 -119- 21 -11 -0010, 35- 119 -21 -11 -0007, and 35- 119 -21 -11 -0008, until the May 7, 1990, City Council meeting. The motion passed unanimously. Mayor Nyquist then recognized Debbie Gilmore, 3313 68th Avenue North. Ms. Gilmore stated her realtor has completed an appraisal and found the market value is $76,000. Ms. Gilmore noted if the City Assessor was using the median to figure her property value, it would be at approximately $85,000. The City Assessor stated the median is only a measure based on sales from last year. He noted it is improper to apply this to an individual property. He stated currently this home is functioning as a two bedroom home. He noted originally there were three bedrooms but it was changed to one large bedroom and one smaller room which is being used as a den. He added typically the Appraiser relies on square footage not the building structure. He noted the homes which were comparable to Ms. Gilmore's were valued at $81,500 to $84,700. He noted after the Appraiser completed a second review of this home, it was determined the market value should be $82,000. The City Assessor stated the current market value is $81,400 and staff is not recommending any change. Ms. Gilmore stated she feels there are many discrepancies in the comparable use by the City's Appraiser. She noted she would have to make many changes to her home to bring it up to $82,000. Ms. Gilmore stated her real estate agent used three comparable homes in Brooklyn Center which indicated her home should have a much lower market value. There was a discussion pertaining to market values and the number of bedrooms within a home. Mayor Nyquist inquired if the home at 4206 Woodbine Lane, which was listed in the board book, could be considered comparable to Ms. Gilmore's home. The City Assessor stated he would hesitate to say it was comparable without being able to review the two homes completely. Councilmember Paulson inquired how a home's appearance can affect the market value. The City Assessor stated the decorative and personal possessions within a home are not taken into account in estimating a property's market value. He noted the Appraiser assumes all homes are in average condition and market values are not reduced if a coat of paint is needed. Councilmember Cohen inquired if the City Assessor has seen the 4/30/90 -2- information Ms. Gilmore has presented. The City Assessor stated he has not seen the information. However, he did believe the Appraiser had briefly reviewed the information. Councilmember Cohen stated he would like to recommend the City Assessor review the information which Ms. Gilmore has presented and report back next week. The City Assessor stated he would also try to cross - reference some of the discrepancies pointed out by Ms. Gilmore. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to continue the appeal of the market value for the property located at 3313 68th Avenue North, PID No. 34- 119 -21 -11 -0056, until the May 7, 1990, City Council meeting. The motion passed unanimously. The City Assessor stated a request had been submitted in writing by K & K Sales, 4800 Lilac Drive. However, he noted representatives of this property were present this evening and would like to address the City Council. Mayor Nyquist recognized Alan Steigler, Attorney for K & K Sales and Mary Korzenowski. Mr. Steigler stated the current estimated market value is $1,116,900. He noted there are new improvements shown on the tax statements but added these are internal remodeling only. Mayor Nyquist inquired if Mr. Steigler has a recent appraisal for this property. Mr. Steigler stated he did not have a recent appraisal but he would be obtaining one. He pointed out in 1988 part of this property was sold. The City Assessor stated he would recommend tabling action on this item until next week. He noted the owner contacted his office last week and began discussions regarding the market value. He added the owner has shown sincere willingness to work with the staff. He stated one of the questions which must be answered is did the improvements enhance the functional use with regards to their business only or to the market value as a whole. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to continue the appeal of the market value for the property located at 4800 Lilac Drive, PID Nos. 10- 118 -21 -42 -0041 and 10- 118 -21 -42 -0040, until the May 7, 1990, City Council meeting. The motion passed unanimously. The City Assessor stated there were four parcels which should be considered as letter requests and entered into the minutes. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to affirm the City Assessor's 1990 valuation for the properties located at 6700 Shingle Creek Parkway, PID Nos. 35- 119 -21 -12 -0004 and 35- 119 -21 -12 -0005. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to affirm the City Assessor's 1990 valuation for the property located at 2200 Freeway Boulevard, PID No. 35- 119 -21 -13 -0012. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to affirm the City Assessor's 1990 valuation for the property located at 1501 Freeway Boulevard, PID No. 35- 119 -21 -41 -0003. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to continue the Board of Equalization meeting to the May 7, 1990, City Council meeting. The motion passed unanimously. 4/30/90 -3- ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to adjourn the Board of Equalization meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:24 p.m. City Clerk Mayor 4/30/90 -4- MINUTES OF THE 1990 STRATEGIC PLANNING SESSION OF BROOKLYN CENTER MAY 3, 1990 The annual planning session commenced at approximately 6:45 p.m. Present were all members of the City Council plus various staff members, advisory commission members, representatives of school districts, the chamber of commerce, other community organizations, and interested citizens. The planning session involved the use of a computer system to record voting on priorities. The planning session facilitator was James Brimeyer assisted by Deborah Bennett -Leet. The session involved a review of the 1989 priorities and re- establishing and confirming these priorities for 1990. The meeting adjourned at approximately 9:30 p.m. Recording Secretary Gerald G. Splinter, City Manager Date 0 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF EQUALIZATION MAY 7, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Dean Nyquist at 7:20 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works S Knapp, D' Y PPS hector Paul Holmlund Director of Plannin g and Inspection Ron Warren, City Assessor Mark Parish, City Engineer Mark Maloney, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman and Administrative st tive Aide Patti Page. CONTINUATION OF BOARD OF EQUALIZATION MEETING The City Manager stated there were three cases which had been held over from the April 30, 1990, Board of Equalization meeting. The City Assessor stated he has reviewed the documents which were left by Mr. Schutte and Ms. Gilmore pertaining to their properties. He added he is not recommending any change to the estimated market value. He stated he has also spoken with the representative of K & K Sales and noted there are no changes being recommended for this property either. He stated at the April 30, 1990, Board of Equalization meeting two properties were inadvertently left off of the registration list. He noted the first property belonged to Gary Lyons, PID No. 35- 119 -21 -11 -0006 and the second property was the Joslyn pole yard, PID No. 10- 119 -21 -23 -0004. He noted both property owners had orally reserved their right to appeal but had been inadvertently omitted from the registration list. He added he is not recommending any changes to these market valuations either. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to affirm the City Assessor's 1990 valuation for the properties located at 6715, 6719, 6717, and 6721 Humboldt Avenue North, PID Nos. 35- 119 -21 -11 -0009, 35 -119- 21 -11 -0010, 35- 119 -21 -11 -0007, and 35- 119 -21 -11 -0008. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to affirm the City Assessor's 1990 valuation for the property located at 3313 68th Avenue North, PID No. 34- 119 -21 -11 -0056. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to affirm the City Assessor's 1990 valuation for the property located at 4800 Lilac Drive, PID Nos. 10- 118 -21 -42 -0041 and 10- 118 -21 -42 -0040. The motion passed unanimously. 5/7/90 -1- There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to affirm the City Assessor's 1990 valuation for the property located at 6807, 6813, and 6819 Humboldt Avenue North, PID No. 35- 119 -21 -11 -0006. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to affirm the City Assessor's 1990 valuation for the property located at 4837 France Avenue North, PID No. 10- 118 -21 -23 -0004. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Board of Equalization adjourned at 7:25 p.m. City Clerk Mayor 5/7/90 -2- CITY OF BROOKLYN CENTER Council Meeting Date 5/21 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING THE CITY OF BROOKLYN CENTER SAFETY MANUAL *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Personnel Coordinator Signature - title MANAGER'S REVIEW /RECOMMENDATION: r No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached An outcome of the City's risk management consultant's 1987 study was a recommendation to form an • employee safety committee. This was done in 1988. An additional recommendation by the consultant was to prepare a safety manual. This task was undertaken by the policies and standards subcommittee of the safety committee. A draft of the safety manual was then presented to the safety committee for its review. All department heads, the city manager, and a number of line employees have been involved in the process of subsequently reviewing and refining the manual as it now appears and is presented to the city council. The safety committee requests approval of the manual by the city council. Please note: The appendixes will be available for review by the council at its May 21, 1990, meeting. Because of the thickness of this packet, it has not been included with the other agenda items. (Most of the appendixes are excerpts from the OSHA standards.) RECOMMENDED CITY COUNCIL ACTION: Pass a Resolution Approving the City of Brooklyn Center Safety Manual Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CITY OF BROOKLYN CENTER SAFETY MANUAL WHEREAS, the City Council of the City of Brooklyn Center believes that every employee is entitled to work under the safest conditions possible; and WHEREAS, the City Council wishes to make every reasonable effort to promote accident prevention, fire prevention, fire protection, and health preservation; and WHEREAS, the City Council intends to maintain a public liability and employees' safety and loss control program that will conform with the best practices of municipalities of our type. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that a City of Brooklyn Center safety manual is hereby established and approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. rl CITY OF BROOKLYN CENTER SAFETY MANUAL i CITY OF BROOKLYN CENTER SAFETY COMMITTEE �___ DDDSCM CITY OF BROOKLYN CENTER SAFETY MANUAL TABLE OF CONTENTS Loss Control Policy Statement ...................... PACE 2 I. Employee Safety Rules & Standard Operating Procedures. 3 II. General Employee Safety Rules 6 III. General Work Area: Housekeeping.......... 7 IV. Personal Protective Equipment (PPE) ............... 8 V. Motor Vehicle Operation ................... 12 VI. Operation of Internal Combustion Engines Indoors. ndoors. 14 VII. Chlorine Gas Leak Emergency Procedures.... 15 VIII. Compressed Gas - General Handling & Storage .................. 16 IX. Welding: General Welding, Cutting, Brazing .............. 18 X. Confined Spaces. 21 XI. Trench Safety Procedures ................... 32 XII. Electrical Lockout Procedures ............. 33 XIII. Employee Right to Know Program ............................... 34 Appendixes A OSHA 1910.106(h)(8)(iii) B OSHA 1910.132 - 1910.136 C ANSI Z41 -1983 D ANSI Z87.1 -1979 E OSHA 1910.95 F OSHA 1910.101, 102, 104 G OSHA 1910.251 - 1910.253 H Minnesota Rule 5205.0680 I OSHA 1910.151 J OSHA 1926.650 - 1926.652 K City of Brooklyn Center Workers` Compensation Procedures L MnOSHA 182.651 - 182.654 M 1 U CITY 6301 SHINGLE CREEK PARKWAY OF =7 BR OOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 ENTER EMERGENCY- POLICE - FIRE 911 Brooklyn Center Employees: The City of Brooklyn Center believes that every employee is entitled to work under the safest conditions possible. It is to this end that every reasonable effort will be made to promote accident prevention, fire prevention, fire protection, and health preservation. To carry out this program, I have created the City of Brooklyn Center safety committee. The purpose of the committee, which is composed of seven supervisory and nonsupervisory employees from various City departments, is to advise me regarding matters relevant to the safety of City employees and to promote and maintain safety in all work areas within the City of Brooklyn Center. I directed the committee to prepare an operational handbook and a safety manual which would assist in carrying out the City's safety program. This document was prepared in response to that request. Sincerely, Gerald G. Splinter City Manager "' 1911 LLLAAIfRIG1Qtt =N .n ML CITY OF BROOKLYN CENTER od LOSS CONTROL POLICY STATEMENT 0 TO BROOKLYN CENTER EMPLOYEES: Since our City is, by its very nature, involved with the general public, their personal safety is of primary importance. This City intends to maintain a u blic liability and P y employees safety and loss control program that will conform with the best practices of municipalities of our type. But to be successful, such a program requires cooperation in all loss control, safety, and health matters, not only among supervisor and employees, but also among fellow workers. The City's goals for the loss control program for both employees and the general public will include: ° Providing mechanical and physical safeguards whenever reasonably possible. ° Conducting a program of loss control; conducting safety and health inspections to find and get rid of unsafe working conditions, premises, or practices; eliminating health or product hazards; and complying fully with the loss control, safety, and health standards for every job. Training all employees in good safety and health practice. Providing necessary personal protective equipment and instructions for its use and care. ° Requiring that employees conform to public safet y standards as a condition of employment. o Investigating, p g g, prom tly and thoroughly, ever accident or of y potential hazard to find the cause and prevent further occurrences. Employees must exercise discretion in the conduct of man o y f their activities for the City. In doing so, the should be guided b t y g y hose policy goals whenever reasonably possible. Most importantly, we ask your cooperation. Everyone benefits when loss control and safety become everyone's business. Sincerely, City Manager Safety Committee Chairperson D CITY OF BROOKLYN CENTER 0 I. EMPLOYEE SAFETY RULES & STANDARD OPERATING PROCEDURES MANAGEMENT STATEMENT It should be recognized that City operations fall within the scope of Minnesota Occupational Safety and Health Standards* and must conform to such requirements as may be promulgated through the State Department of Labor and Industry. Although the City's safety program is charged with overall responsibility for developing and administrating employee safety activities, primary responsibility for implementation rests with each department. This should be regarded as an integral part of the normal functions served by the department as work accomplished at the expense of the employee's safety and health is not consistent with City policy. This manual represents an ongoing effort by management to present safety rules and operating procedures in a manner that is concise and understandable. It should be regarded as a supplement to OSHA standards and existing department rules and is intended to aid the supervisor in complying with required safety and health measures. Minnesota Occupational Safety and Health Act of 1973. City Manager Safety Committee Chairperson CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 3 GENERAL INFORMATION D Federal and State occupational health and safety regulations are comprehensive and frequently difficult to interpret. Therefore, simplified versions of some of these rules are being developed through our safety program to permit more concise application to the types of operations undertaken by City employees. Periodically, additions or changes will be made, with copies distributed to all departments. The department head or designated supervisor is responsible for updating department copies. This manual shall be retained by the department head and designated supervisors, in a place where it will be readily available for reference purposes. USE Employees need only be made aware of those items which pertain to some aspect of their work. (For example, only employees who do welding would need to be familiar with the sections pertaining to this activity. Conversely, nearly all employees should be made aware of the general safety rules, as these apply to all departments.) FLAGGING When a rule or revision is issued, it will usually be accompanied by a notation drawing it to the attention of departments known to engage in work that would be affected. It is then the responsibility of the department supervisor to ensure that his or her personnel are properly informed. A copy of the new information will be distributed to all affected personnel, along with a signature sheet indicating that they have had the opportunity to read and understand it. The signatures are then to be returned to the safety committee's staff liaison. Of course, a new or revised rule may affect a department operation in a manner not recognized by staff and, therefore, not specifically brought to the department's attention. For this reason, it is important that a responsible person in the department examine new information carefully to determine possible application to their operations. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 4 RESPONSIBILITY D The State of Minnesota requires the City to assume considerable responsibility for implementation of safety and health regulations. All supervisory personnel are acting in the capacity of agents of the City and are expected to enforce those rules pertinent to their areas of operation. Department supervisors should familiarize themselves with OSHA rules and other requirements to ensure, to the best of their ability, that municipal activities for which they have responsibility are in compliance. ' ENFORCEMENT Health and safety requirements are to be regarded as similar to other City rules and policies. Infractions shall be dealt with on an individual basis, consistent with the nature of the infractions, through normal personnel procedures. All City employees are required to observe those rules which apply to them and to exercise common sense in undertaking their responsibilities. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 5 II. GENERAL EMPLOYEE SAFETY RULES I. STANDARD T A All employees are required to: MW T U (A) Wear hard hats on all jobs where there is a danger of being struck by falling or moving objects and in all designated areas. (B) Wear approved eye protection when chipping, operating a jack hammer, drilling, grinding, or whenever an eye injury hazard exists. (C) Wear sturdy shoes which are in good repair. Safety shoes with steel toes are recommended for all persons working outdoors (no "tennis" type shoes). (D) Wear approved safety vests when working in hazard traffic areas. (E) Use grounded electrical equipment and hand tools which are in good � condition. (F) Follow all prescribed safety procedures as issued by supervisors and the Brooklyn Center safety committee. (G) Observe safety precautions and report unsafe conditions to the supervisor. (H) Understand the supervisor's instructions. If you do not know how to do the job safely, notify the supervisor. (I) Report all injuries and accidents immediately to your supervisor. Report all motor vehicle accidents immediately to the police department. (J) Keep alert. Avoid risking personnel and equipment to save a little time. (K) Sound warning when you move trucks or other equipment; be certain that the path of movement is clear. (L) Inspect all equipment before use to ensure it is in good working order. (M) Inspect ladders before use to ensure that all rungs are tight and nonskid feet are properly attached. Do not use metal ladders when working with or around electrical equipment. II. SCOPE This standard applies to all employees of the City of Brooklyn Center (both full- and part- time). III. DEFINITION AND LIMITATION This general standard is intended as a "common sense" guide to employee safety. Supervisors should refer to additional City and State regulations for the full scope of standards to be applied to a I i particular operation. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 6 o d III. GENERAL WORK AREA: HOUSEKEEPING I. STANDARD It shall be the responsibility of the supervisor to undertake whatever measures that may reasonably be deemed necessary to ensure that the work place is maintained in accordance with this standard. (A) All work areas shall be maintained in as orderly a manner as permitted by the nature of the immediate work being performed. (B) All work areas must be kept free of tripping hazards. (C) All work areas must be kept free of spills such as oil or other potentially hazardous materials. Any spills must be immediately cleaned up and the materials disposed of properly. (D) Material that is relatively heavy, such as pipe, steel stock, boards, ladders, etc., shall be stored horizontally or properly secured to prevent falling or sliding. (E) Combustible material such as litter must not be permitted to accumulate around the work area. Such material should be disposed of properly. (F) Adequate precautions shall be taken to reduce hazards from overhead storage of materials. (G) Suitable containers must be provided for collecting and separating P g waste, oily rags, trash etc. Garbage, combustibles and flammables, and other hazardous waste must be disposed of frequently and properly in accordance with applicable standards. Covers are required for containers used for garbage, combustibles, and flammables. Such containers must meet the requirements of the Occupational Safety and Health Act (see Appendix A). (H) Enter work areas only if you are authorized and /or trained to be in those areas. II. SCOPE This standard applies to all City operations and work places. III. DEFINITION AND LIMITATION Good housekeeping procedures are essentially the application of care and common sense. However, where applicable, standards described under OSHA guidelines shall be followed. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 7 D IV. PERSONAL PROTECTIVE EQUIPMENT (PPE) I. STANDARD GENERAL: Personal protective equipment shall be used whenever its use may reasonably be expected to reduce or prevent employee injury. The immediate supervisor in charge of an operation shall enforce the wearing of necessary personal protective equipment in accordance with City regulations. (A) Such PPE should be provided when suitable engineering or administrative controls do not exist or are deficient. (B) Each department is responsible for posting a list of safety equipment that is available, when it is to be used, and who is responsible for providing the equipment. (C) All such PPE must meet applicable government standards, be in good working order, and suited to the use intended. (D) Where appropriate, the use of PPE shall be enforced as a part of the standard operating procedure. (E) This standard is based in large part upon provisions of OSHA 1910- 132 -136 "Personal Protective Equipment" (see Appendix B). II. DEFINITION (A) As used in this standard, the words suitable, appropriate, adequate, proper, acceptable, etc., are subjective terms used to describe requirements promulgated through the City's safety program, and pertain to health and safety considerations. (B) "Approved protection" shall meet or exceed applicable requirements of the American National Standards Institute (ANSI), National Institute for Occupational Safety and Health (NIOSH), and the Occupational Safety and Health Administration (OSHA). (For example, ANSI Z41 -1983 for protective footwear, and ANSI Z87.1 -1979 for eye protection. See Appendixes C and D.) EYE PROTECTION: Approved eye protection must be worn at all times when engaged in operations where there is danger of eye injury. This includes any activities such as chipping, cutting, drilling above shoulder - height, grinding, or any other activity with potential eye hazard. Proper face shields must also be worn when working on grinders. ° SAFETY VESTS: All employees working within the public right -of- way, including the boulevard area, or other areas where they face personal hazard from moving vehicles or equipment are required to wear a high visibility safety vest or approved equivalent. If such vests are not issued on an individual basis, they should be made CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 8 available as needed from the supervisor or department. Employees who have been issued a safety vest shall keep it immediately available for use at their assigned job site at all times. ° HEARING PROTECTION: Refer to Federal Register 1910.95 on "Occupational Noise Exposure" (see Appendix E). HARD HATS (approved head protection): All employees are required to wear hard hats on all jobs where there may reasonably be a danger of being struck by falling or moving objects and in all designated areas. This includes maintenance, construction, supervisory, or engineering activities, regardless of whether or not the work is being done by City forces or contractual forces. It is the prerogative of the individual department involved to enforce more stringent rules as desired. Some examples of work sites and situations where the use of approved head protection is required: (1) Normally while either below ground level or below work sites. (In mpst instances this would apply to trenches, shafts, platforms, scaffolds, manholes, etc.) (2) Where equipment might present a hazard by protruding, swinging, dropping material, or other similar activity (backhoe, certain loading operations, most construction sites). This also includes any operating self - propelled equipment which has moving parts over shoulder height (except for a truck without mechanical attachments). (3) While tree trimming, heavy brushing, working in and around bucket booms, demolishing, and similar activity. (4) Where a contractor or other in charge may have designated a site as a hard hat area. (5) When the individual supervisor determines that it is necessary to wear hard hats to prevent head injuries. In such instances, it is the supervisor's prerogative to require the wearing of hard hats. The following are exceptions as to when hard hats must be worn: (1) When working in a building where no construction is taking place. (2) While driving equipment that has an approved steel cab. (3) General bituminous patching where the only equipment present is the truck. (4) Hand work in parks. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 9 El (5) Ball field work during tournaments or while preparing diamonds or chalking football fields. (6) Tennis court maintenance including repairing chain link fences. (7) Sodding and seeding. (8) Hand picking litter, etc. (9) Flooding skating rinks. (10) Playground equipment maintenance. (11) Routine building inspection. (12) Painting buildings, fences, or park apparatus. (13) Painting hydrants or during hydrant maintenance. (14) Reading water meters. (15) Checking sewers (unless you enter the sewer). (16) Checking pump houses or lift stations. (17) During customer service calls. (18) Survey work where no equipment is present and operating. (19) Other situations where specific permission is given by the public works superintendent, by the supervisors of streets, parks, or public utilities, or by the city engineer. Employees shall at all times use their experience to foresee any dangerous conditions and undertake all precautionary measures necessary to prevent head injuries. When there is any doubt or disagreement as to whether hard hats should be worn, employees shall wear them. ° FOOT PROTECTION: All employees shall wear footwear appropriate to their employment position. Persons assigned to park maintenance, street maintenance, public utilities, and vehicle maintenance divisions; persons engaged in building inspection and engineering inspection /survey; golf course maintenance personnel; and all others so designated, shall wear heavy leather work shoes or boots, which are in good repair. Employees of these divisions may not wear canvas shoes, sneakers, sandals, thongs, or similar type footwear on the job. Employees in the above - mentioned work units may wear steel toe, puncture resistant sole shoes or boots. The City will annually establish a cost - sharing policy for partial employee reimbursement CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 20 D of the cost of this optional footwear. This standard applies to all full -time, part -time and seasonal employees in the above - mentioned work units. ° CLOTHING: All employees shall wear clothing suitable to their employment duties based on safety or other criteria as determined by the employee's supervisor. This standard applies to all full -time, part -time, and seasonal employees. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 11 o a V. MOTOR VEHICLE OPERATION U I. STANDARD (A) Employees shall not drive a City vehicle unless they possess a valid Minnesota drivers license as designated ed for that vehicle le i n accordance with the laws of the State of Minnesota. (B) All accidents and injuries must be reported to the supervisor in charge and the police department in the jurisdiction where the accident occurs - - immediately! (C) Drivers must comply with all applicable motor vehicle laws and regulations. They must drive according to conditions - increasing caution and decreasing speed as necessary. (D) Drivers shall be alert, careful, and courteous toward pedestrians and other drivers. (E) Where applicable, safety devices and equipment shall be properly utilized (e.g., seat belts must be worn by all occupants of the vehicle). (F) Vehicles left unattended must be ro erl secured a P P against t the g ft, unauthorized use, and accidental movement (for example, motor P off, power take -off equipment inoperable, power buckets and .shovels "grounded "). (G) When refueling vehicles, the engine must be off and no ignited smoking material can be within 50 feet of the refueling area. All employees refueling municipal vehicles must know where the fire extinguishers are stored and how to use them, (H) Motor vehicles or accessory equipment shall not knowingly be operated in a dangerous or defective condition. If problems cannot be immediately corrected, notify the supervisor in charge. The supervisor shall then take prompt corrective action. (I) Exercise caution and use the appropriate signals and equipment when changing direction of travel. (Changing directions includes, but is not limited to, right and left turns, lane changes, and moving in reverse.) (J) No employee shall operate a vehicle or other equipment unless properly trained and qualified in its operation. Supervisors shall be responsible for arranging proper instruction. (K) Vehicles or equipment shall not be used unsafely in a manner for which they were not designed or extended beyond their safe capacity. (L) Employees shall not engage in unsafe conduct which may result in injury to personnel or damage to property. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 12 (M) Those employees who regularly drive City vehicles or their own personal vehicles while doing City business will automatically participate in the City's Motor Vehicle Records Safety Program ram see pages 13a and 13b). II. SCOPE This standard applies to all City employees. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 13 CITY OF BROOKLYN CENTER MOTOR VEHICLE RECORDS SAFETY PROGRAM The City of Brooklyn Center, recognizing a need for a more formal way to evaluate employee driving performance records, hereby establishes a Motor Vehicle Records Safety Program. The intent of the program is to achieve an improved City employee vehicle driving record which will result in fewer injuries to and by City employees, reduced insurance premiums, reduced driver lost time, and reduced vehicle down time. The program will use a point -scale measuring system which will relate to each driver's motor vehicle report on file with the State of Minnesota. The point values will correspond to various types of driving convictions, similar to the system used by many states to determine when a license should be suspended or revoked. Annually, the City's risk manager will obtain from the State of Minnesota a motor vehicle report for City employees who regularly drive City vehicles or their own personal vehicles while doing City business. Using the report, the risk manager will evaluate the employee's driving record based on the standards and definitions established for the program. Whenever the evaluation of an employee's driving performance record reveals a point accumulation of four or more, the employee performance shall be submitted to the city manager for review. After reviewal, the city manager shall submit the employee's performance record to the employee's supervisor for consultation with the employee and recommendation to the city manager.. Employees who are required to have a commercial driver's license (CDL) must also comply with the Commercial Motor Vehicle Safety Act of 1986 passed by Congress on October 29, 1986. (This law requires each state to meet the same minimum standards for commercial driver licensing.) These employees are required to notify the City within 30 days of a conviction for any traffic violation (except parking). This is true no matter what type of vehicle the employees was driving. The employee must notify the City if his or her license is suspended, revoked, or cancelled, or if the employee is disqualified from driving. Employees shall notify their supervisor in these instances, and supervisors are required to provide this information to the City's risk manager. STANDARDS Conviction Categories Points Minor conviction (within 2 years) ................ 1 Major conviction (within 3 years) ............... 6 Major conviction (4- 5'years ago ) ............................ 3 Additional Points Two incidents within the most recent 18 months adds......... 1 or Three incidents within the most recent 18 months adds....... 2 Retroactivity No driving record prior to January 1, 1988, will be considered in evaluating the employee's driving performance record. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 13a DEFINITIONS O d Minor Conviction 0 Any moving traffic conviction a driver receives unless it qualifies as a Conviction as described "Major below. This category, however, does not , include cases involving: (1) motor vehicle equipment, load, or size requirements; (2) improper display or failure to display license plates; (3) failure to sign or display registration card; (4) failure to have in possession a valid driver's license. Major Conviction Any conviction that involves: (1) driving while intoxicated or under the influence of alcohol or drugs; (2) failure to stop and report an accident; (3) homicide, manslaughter, or assault arising out of the operation of a motor vehicle; (4) driving while license is suspended or revoked; (5) reckless driving; (6) possession of opened container of alcoholic beverages; (7) speed contest, drag racing, or attempting to elude an officer of the law. Incident Includes Minor and Major Conviction definitions above. TO ORDER MOTOR VEHICLE RECORDS FROM THE STATE OF MINNESOTA 1. Request should be made in writing to the following address: Record Request Section Driver's License Office 108 Transportation Building St. Paul, MN 55155 2. State in the letter that the political subdivision or public entit y is requesting the information. Information for political subdivision or public entity is $1 per motor vehicle record requested. Otherwise, the cost is $4 per record. 3. Provide the full name, date of birth, and driver's license number for the individual for which c a record is bein g requested. uested 4. The State will then process the information and provide a five -year record of violations, as well as an indication of the validity of the person's driver's license and the driver's license class. This can be used by the City to determine if the appropriate license class is maintained for the size of vehicle /equipment being operated. APPROVED: Date: City Manager CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 13b EP o d VI. OPERATION OF INTERNAL COMBUSTION ENGINES INDOORS I. STANDARD In order to avoid the buildup indoors of toxic or irritating fumes, it is necessary to limit the operation of unvented internal combustion engines within municipal buildings. (A) Such engines may be operated indoors only as required to complete necessary maneuvers or to enter or leave the building. (B) NO engine may be left running indoors unattended. (C) Vehicles with air brake systems may be idled after starting only as long as necessary to develop operating pressure. (D) When, for any reason, an engine must be run for an extended period, (in excess of two (2) minutes) exhaust fumes must be adequately vented. (E) Employees should avoid all unnecessary operation of motor vehicles inside buildings. II. SCOPE This standard applies to all City operations. III. DEFINITION AND LIMITATION The intent of this standard is to limit the exposure of employees to toxic or irritating fumes. Provisions of a specific nature may be waived in individual instances by the city manager if the above intent is effectively met. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 14 I. STANDARD VII. CHLORINE GAS LEAK EMERGENCY PROCEDURES M1 V (A) Get away from the exposure site The immediate response to a chlorine gas leak is to get away from the exposure site. Never try to correct the situation. Do not enter the exposure site. (B) Contact the Brooklyn Center fire department Use the city band radio to contact the police dispatcher to request a fire call for a chlorine gas leak at the leak site address. Remain at a safe distance and upwind of the exposure site. If a city band radio is unavailable, dial 911 to report the incident. (C) Stand by to assist fire department When the fire department arrives at the site, stand by to answer any questions (i.e., location of cylinders, presence of other chemicals, exhaust locations, etc.). II. SCOPE This standard applies to all City employees who may come upon a potential chlorine hazard. III. DEFINITION Any time chlorine is detected where it should not be will constitute a hazard until proven otherwise. IV. LIMITATION This standard applies only to the immediate "first detection" of a potential chlorine problem, prior to the availability of properly equipped personnel. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 15 0 D VIII. COMPRESSED GAS - GENERAL HANDLING AND STORAGE I. STANDARD The following requirements apply to the use, handling, and storage of compressed gas cylinders. (A) Cylinders must be labeled with at least inch -size letters indicating contents. (B) Cylinders must be kept away from sources of heat, open flame, sparks, etc. If this is not possible, fire resistant shields must be used. (C) Cylinders must be stored in an assigned place, at least twenty (20) feet from highly combustible materials. They may not be stored in enclosed structures such as lockers. Oxygen and acetylene cylinders must not be stored within twenty (20) feet of each other unless kept within an approved type barrier or "in use" on a welding rig. (D) An oxygen jet must not be allowed to contact any oily or greasy surface, fabric, or container. (E) Oxygen, acetylene, or fuel cylinders may not be brought into a confined area. (F) Cylinders must be inspected for flaws or damage. Defective cylinders may not be used. (G) Valves must be closed when not in use and when a cylinder is empty. Valves must be opened by hand, not with hammers, wrenches, etc. (H) The valve cap must be in place when the cylinder is not in use (where cylinder is so designed). (I) Cylinders must be used and stored in an upright position. They must be chained or secured at all times. Valves, regulators, and other equipment must be clean and free of oils and grease. (J) Only cylinders properly equipped, maintained, and otherwise meeting applicable standards shall be used. (K) Flashback arresters /check valves should be used on the hose side of regulator units-of any compressed gas cylinders used for oxygen/ acetylene gas welding purposes. II. SCOPE This standard shall apply to all City personnel engaged in any job related activity involving compressed gas cylinders. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5 /90) Page 16 III. DEFINITION D (A) Refer to Federal Register 1910.101, 102, 104 and other applicable standards and regulations (see Appendix F). (B) Safety committee members may assist the supervisor in interpretation of the above. IV. LIMITATION (A) The employer is responsible for the implementation of all applicable Federal and State requirements, including and beyond those listed in this standard. (B) The above standard is an abbreviated and simplified version of established requirements. It is not intended as complete or comprehensive description of such requirements. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 17 D n� IX. WELDING: GENERAL WELDING, CUTTING, BRAZING (includes gas & arc welding) I. STANDARD (A) Cylinders and containers (1) A valve protection cap, collar, or recess to protect the valve is required if the cylinder has a water weight capacity of over thirty (30) pounds. (2) If a fixed hand wheel is not provided, a key, handle, or nonadjustable wrench must be on the valve system while the cylinder is in service. (3) Cylinders must not be located where they might become a part of an electrical circuit. (4) Practices such as tapping an electrode against a cylinder to strike an arc are prohibited. (5) The valve must be opened slightly and then closed prior to attaching the regulator. No person may be in front of an open outlet. Fuel gas valves and any other oxidizer material valves must not be opened near any possible ignition source. (6) If a cylinder is leaking, move it to a safe area at once and call the supplier immediately. Mark the cylinder: LEAKING - DO NOT USE - STAY AWAY to warn others. I (7) Gauges on oxygen regulators must be marked: USE NO OIL. (8) Stored oxygen cylinders must be stored separately from fuel - gas cylinders or combustibles by: (a) at least twenty (20) feet, or (b) a noncombustible barrier at least five feet high having a 1/2 hour fire - resistance rating. (9) Flashback arresters /check valves should be used on the hose side of the regulator units of any compressed gas cylinders. (B) Hoses (1) Only hoses may be used for oxygen and fuel gases. (2) Hose Colors: (a) Red - acetylene & other fuel -gas. (b) Green - oxygen. (c) Black - air & inert gas. (3) Defective hose must be repaired or replaced. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 18 EP 11 U (4) If parallel lengths of oxygen and acetylene hose are taped to avoid tangling, not more than four (4) inches of every twelve (12) inches length may be covered with tape. (C) Arc Welding (1) Operators and maintenance personnel must have proper instruction and be qualified. (2) Open circuit (no load) voltages must not exceed OSHA specifications. (3) Installation must conform to the requirements of the National Electrical Code and 1910.252 Fed. Reg. (see Appendix G). (4) Electrode holders not in use must be laced so that they y cannot make electrical contact with people, conducting objects, or fuel or compressed gas. (5) The electrode cable should not be coiled or looped about the operator, and cables must not have splices within ten (10) feet of the holder. (6) Cables with damaged insulation or exposed conductors must be replaced. (7) Adequate grounding is required to comply with OSHA specifications. (8) Employees must receive adequate training as detailed in 1910.252 Fed. Reg. (see Appendix G). (D) Ventilation: Adequate ventilation must be provided that is suitable for the operation being performed. (E) Fire prevention and protection: (1) If the object to be welded cannot be moved, all movable fire hazards in the vicinity must be moved. If this cannot be done, guards must be used to confine heat and sparks, etc. (2) Suitable fire extinguishing equipment must be readily available. (3) Welding is not permitted: (a) in areas not authorized by management. (b) under any unsafe conditions. (c) until area has been inspected by a responsible person. (4) Floors must be kept clear of combustible materials for a radius of thirty -five (35) feet from any welding or cutting. If combustibles cannot be removed or avoided, special precaution defined under OSHA must be followed. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 19 P (5) No welding, cutting, or other hot work is permitted on closed containers until they have been thoroughly cleaned and inspected. (F) Personal protective equipment (1) Proper eye and face protection, suited to the operation being performed, must be provided and used. (2) Proper protective welding clothing, suited to the operation, shall be furnished and used. (3) Proper protection must be used by all personnel subjected to hazard from welding type activity. (G) No person may engage in any form of welding or related activity unless properly trained in welding or related techniques and procedures used. II. SCOPE This standard shall apply to all City employees involved in any form of welding or related activity as defined by OSHA. III. DEFINITION AND LIMITATION The welding standard described above is abbreviated and simplified from the requirements set forth by OSHA in the Federal Register: 1910.251, 252, and 253 (see Appendix G). The supervisor should consult the Federal Register for more detailed provisions should questions arise regarding the standard. Safety committee members may assist in the interpretation of this standard. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 20 D TU X. CONFINED SPACES I. SCOPE Sections I through V prescribe minimum standards for preventing worker exposure to dangerous air contamination, oxygen deficiency, or oxygen enrichment as defined by Section II, within such spaces as silos, tanks, vats, vessels, boilers, compartments, ducts, sewers, pipelines, vaults, bins, tubs, pits, and other similar spaces. A tank or other vessel under construction may not meet the definition of "confined space" until it is completely enclosed. Sections I through V do not apply to underwater operations conducted in diving bells or other underwater devices or to supervised hyperbaric facilities. II. DEFINITIONS Subdivision 1. Confined space. "Confined space" is defined as a special configuration which could result in any of the following: (A) Atmospheric Condition - a condition in which a dangerous air contamination, oxygen deficiency, or oxygen enrichment may exist or develop. (B) Entry /Exit Access - a condition where the emergency removal of .a suddenly disabled person is difficult due to the location or size of the access opening. (C) Engulfment Condition - a condition where the risk of engulfment exists or could develop. Subdivision 2. Confined space entry. "Confined space entry" means any action resulting in any part of the worker's face breaking the plane of any opening of the confined space and includes any ensuing work activities inside the confined space. Subdivision 3. Dangerous air contamination. "Dangerous air contamination" is an atmosphere presenting a threat of death, acute injury, illness, or disablement due to the presence of flammable explosive, toxic, or otherwise injurious or incapacitating substances. (A) Dangerous air contamination due to the flammability of a gas or vapor is defined as an atmosphere containing the gas or vapor at a concentration greater than ten (10) percent of its lower explosive (lower flammable) limit. (B) Dangerous air contamination due to a combustible particulate is defined as a concentration greater than ten (10) percent of the minimum explosive concentration of the particulate. (C) Dangerous air contamination due- to a toxic, corrosive, or asphyxiant substance listed in subpart Z Code of Federal Regulations, Title 29, Part 1910, is defined as a concentration above the listed numerical value of the permissible exposure limit CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 21 D _ (PEL). In addition an atmospheric concentration above the numerical limit listed on the Material Safety Data Sheet prepared for a hazardous substance in conformance with h Code of Federal Regulations, Title 29, Section 1910.1200(g)(2)(vi) or Minnesota Employee Right -To -Know Standards. (D) Dangerous air contamination that presents an acute illness hazard represents an atmospheric concentration immediately dangerous to life and health (IDLH)• for example, above a maximum ximum concent P ration from which one could escape within 30 minutes or the length of time a worker will be exposed, whichever is longer, without any escape - impairing symptoms or any immediate severe health effects. "Immediate severe health effect" means that an acute clinical sign of a serious exposure related reaction ction is manifested within 72 hours after exposure. Subdivision 4. Engulfment. "Engulfment" means the surrounding and effective capture of a person by finely divided particulate matter or a liquid. Subdivision 5. Oxygen deficiency. "Oxygen deficiency" is defined as an atmosphere containing oxygen at a concentration of less than 19.5 percent by volume. Subdivision 6. Oxygen enrichment. "Oxygen enrichment" is defined as an atmosphere containing oxygen at a concentration greater than 23percent by volume. III. OPERATING PROCEDURES AND WORKER TRAINING I Subdivision 1. Implementation. mentatio P n. The employer shall implement the provisions of this part before any worker is allowed to enter a confined space. Subdivision 2. Entry permit system. The employer shall develop, implement, and use an entry permit system that includes a written permit procedure that provides all the means necessary y o. (A) Determine all confined spaces and identify them to the workers to prevent unauthorized entry. (B) Determine the actual and potential hazards associated with the space at the time of entry so the employer can choose the appropriate means to execute a safe entry. (C) Assure by appropriate testing that the control measures used are effective. (D) Provide for preplanned emergency rescue. Subdivision 3. Entry permit. A written permit form must be completed before allowing a worker to enter a confined space. The written permit must contain the following minimum specific information for each permit entry space: CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 22 D (A) Date. (B) Location. (C) Time of issue. (D) Time of expiration. (E) Names of workers assigned to enter. (F) The name and position of the person authorizing or in charge of the entry. (G) Description of the hazards known or reasonably expected to be present in the confined space. (H) The atmospheric testing required to be done immediately before and during the entry period. (I) The designated individual responsible for performing the tests. (J) The personal protective equipment required, including respiratory protection, clothing, or harnesses required for entry and rescue. (K) Description of any additional hazards that may be reasonably expected to be generated by the entrants' activities in the space. (L) Identification of all special work practices or procedures to be followed. (M) Specification of all means of isolation, cleaning, purging, or inerting to be done before entry to remove or control those hazards, or certification that these procedures have been done if a hazardous air contamination or oxygen deficiency condition exists. Subdivision 4. Duration and retention of permit. The maximum duration for which a permit form may be issued is one shift except as indicated in Section V, Subdivision 1. Each written permit form for confined space entry must be retained for a minimum of 30 days. Permits shall be readily available to all workers before entering a confined space and such permits shall remain at the work site as long as such work is being performed there. Where atmospheric testing showed a dangerous air contamination, oxygen deficiency, or oxygen enrichment, the employer shall retain the written permit form or record showing the results of the atmospheric testing for a minimum of one year. Subdivision 5. Operating procedures. (A) Written, understandable operating and rescue procedures shall be developed and provided to affected workers. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 23 M (B) When respiratory protection is used, a respiratory protection program as outlined in Code of Federal Regulations, Title 29, Section 1910.134, shall be in place (see Appendix B). (C) Operating procedures shall conform to the applicable requirements of Section IV and V and shall include provision for surveillance of the surrounding area to avoid hazards such as drifting vapors from other work operations. Subdivision 6. Worker training. (A) Workers who will enter the confined space and standby persons required by Section V shall be trained in operating and rescue procedures and on the hazards they may encounter. Such training shall be conducted annually or prior to confined space entry. (B) Workers who will perform atmospheric monitoring in confined spaces shall be training on the use of such equipment according to the manufacturers' instructions prior to the confined space entry and then on an annual basis thereafter. IV. PRE -ENTRY PROCEDURES Subdivision 1. Application. The applicable provisions of this part shall be implemented before entry into a confined space is permitted. Subdivision 2. Disconnection of lines. Lines that may convey flammable, explosive, toxic, or otherwise injurious or incapacitating substances into the space shall be disconnected, blinded, locked out, or blocked off by other positive means to prevent the development of dangerous air contamination, oxygen deficiency, or oxygen enrichment within the space. The disconnection or blind shall be so located or done in such a manner that inadvertent reconnection of the line or removal of the blind is effectively prevented. Minn. Rule 5205.0680 shall apply where lockout devices are required (see Appendix H). This subpart does not apply to public utility gas distribution or gas transmission systems. This subpart does not require blocking of all laterals to sewers or storm drains. Where experience or knowledge of industrial use indicates materials resulting in dangerous air contamination may be dumped into an occupied sewer or storm drains, all such laterals shall be blocked. Subdivision 3. - Calibration of testing and monitoring equipment. Air testing /monitoring equipment shall be maintained and calibrated according to manufacturers' instructions. This equipment shall be periodically calibrated with an appropriate test gas to assure proper operation. Records of such calibration and field tests shall be maintained for a minimum of one year. Calibration and field test information, including type of test required, date tests were due, and date tests were completed, shall be affixed to the instrument or be readily available at the time of use. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 24 DA Subdivision 4. Air tests. The air in confined spaces shall be tested with an appropriate device or method to determine if dangerous air contamination, oxygen deficiency, or oxygen enrichment exists before entry is made. While occupied, additional continuous or periodic monitoring for dangerous air contamination, oxygen deficiency, or oxygen enrichment shall be done. A written record of the testing results shall be made and kept at the work site for the duration of the work. Affected workers or their representative shall be afforded an opportunity to review and record the testing results. Subdivision 5. Injurious corrosive substances. Workers in confined spaces that have last contained injurious or corrosive substances to the eyes or body shall be provided with, and shall be required to wear, appropriate ersonal protective P p clothing or devices in accordance with Code of Federal Regulations, Title 29, Section 1910.132 (see Appendix B). In addition, an eyewash and safety shower as required by Code of Federal Regulations, Title 29, Section 1910.151 (see Appendix I) shall be provided within the work area outside of the confined space for immediate emergency use. Subdivision 6. Interconnected spaces. Where interconnected spaces are blocked off as a unit, each space shall be tested and the results recorded in accordance with subdivision 4. The most hazardous condition found shall govern procedures to be followed. Subdivision 7. Ventilation. Where the existence of dangerous air contamination, oxygen deficiency, or oxygen enrichment is demonstrated by tests performed under subdivision 4, existing ventilation shall be augmented by appropriate means if practical and feasible. When additional ventilation provided in accordance with this subpart has removed dangerous air contamination, oxygen deficiency, or oxygen enrichment as demonstrated by additional testing conducted and recorded under subdivision 4, entry into and work within the space may proceed subject to Section V. Subdivision 8. Ignition sources. No sources of ignition may be introduced into the space until implementation of appropriate provisions of this section have ensured that dangerous air contamination, due to flammable or explosive substances, does.not exist. Subdivision 9. Oxygen - consuming equipment. Whenever oxygen - consuming equipment is to be used, measures shall be taken to ensure adequate combustion air and exhaust gas venting. Subdivision 10. Oxygen- enrichment condition or use of oxygen - enrichment equipment. Whenever oxygen- enrichment is possible due to conditions within the space or oxygen enrichment equipment is to be used, measures shall be taken to ensure that the oxygen level does not exceed 23 percent in the confined space. If tests indicate the oxygen level to be greater than 23 percent, hot work is prohibited until ventilating techniques have reduced the oxygen level to less than 23 percent. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 25 M Subdivision 11. Smoking. Smoking shall not be allowed in confined spaces or within 20 feet of a confined space opening. Subdivision 12. Automatic fire protection systems. Where there is no ready exit from spaces equipped with automatic fire suppression systems employing harmful design concentrations of toxic or oxygen - displacing gases, or total foam flooding, such systems must be deactivated. When it is not practical or safe to deactivate such systems, the provisions of Section V, subdivision 3 shall apply during entry into and work within the spaces. V. ENTRY INTO AND WORK WITHIN CONFINED SPACES Subdivision 1. Class I. Confined spaces where an atmosphere with dangerous air contamination, oxygen deficiency, or oxygen enrichment is unlikely to develop (A) Employers whose operations require workers to perform routine repetitive entry into low hazard chambers such as boilers, vaults, vessels, tanks, bins, and vats where no risk of engulfment can exist and where the atmosphere cannot develop a dangerous air contaminant or oxygen enrichment and where all known sources of hazard are positively controlled, may issue an annual permit for this type of entry instead of separate permits for each space if established entry practices and procedures are in effect as outlined below. (1) Establish specific entry practices and procedures as per Section III, Subdivision 3 A (effective dates), B, and D through I that must be followed for entry by annual permit before any worker may be authorized to make an entry. (2) Train workers in the practices and procedures required for such entries. (3) Assure that one or more of the following requirements are met: (a) The space has been ventilated prior to entry using a mechanically powered ventilator for not less than is specified in the ventilation nomograph prepared for that ventilator and that ventilation continues throughout the entry. (b) -All areas of the confined space are continuously and effectively ventilated. Such ventilation shall provide positive ventilation of clean air at a rate of at least 200 cubic feet per minute per occupant or in confined spaces larger than 2,000 cubic feet, six air changes of the confined space volume per hour. (c) There is no effective ventilation, but appropriate continuous oxygen monitoring is performed to assure that permit conditions are maintained. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 26 o � (4) Revoke the permit whenever any tests performed during confined space occupancy show deviation from acceptable conditions to a hazardous condition. In these circumstances, entry may be made only by an entry procedure as outlined in Section V, subdivision 2 and /or 3. (B) Employers whose operations require workers to perform routine repetitive entry into confined spaces where entry permits are required and that are unlikely to develop a dangerous air contaminant, oxygen deficiency, or oxygen enrichment and have no potential for an engulfment condition, may issue an annual permit for this type of entry instead of separate permits for each space, if established entry practices and procedures are in effect as outlined below. The employer may, at its discretion, allow entry b one or more workers without ithout a standby person when work under the following conditions is performed. (1) Establish specific entry practices and procedures as per Section III, subdivision 3 A (effective dates), B, and D through I that must be followed for entry by annual permit before any worker may be authorized to make such an entry. (2) Train workers in the practices and procedures required for such entries. (3) Assure that whenever entry into a confined space is to be made, workers test the atmosphere before entry using an appropriate direct reading instrument (or other device capable of quantitatively identifying anticipated contaminants) with a remote sampling probe, testing for the following conditions and in the following order: oxygen concentration, combustible gas, and suspected toxic material, if any. While occupied, additional continuous monitoring for these gases or vapors shall be done during the entry period to assure that a potentially dangerous atmosphere does not develop in the confined space. (4) Assure that continuous and effective, P ositive ventilation at a minimum rate of 200 cubic feet per minute of clean air per occupant or in confined spaces larger than 2,000 cubic feet an exchange rate of six air changes of the confined space volume per hour, is provided to the confined space. (5) Revoke the permit whenever any tests performed during confined space occupancy show deviation from acceptable conditions to a hazardous condition. In these circumstances, entry may be made only by an entry procedure as outlined in Section V, subdivisions 2 and /or 3. Subdivision 2. Class II. Confined spaces where an atmosphere free of dangerous air contamination, oxygen deficiency, or oxygen enrichment t as been verified h Yg CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 27 mu T (A) At least one person shall stand by on the outside of the confined space ready to give assistance in case of emergency. (B) Visual, voice, or signal line communications shall be maintained among all individuals in the confined space and the standby person. (C) An approved safety belt or harness with an attached line shall be used where practical and feasible. The free end of the line shall be secured outside the entry opening. The line shall be at least 2,000 pounds test. (D) The standby person shall not enter the confined space without alerting an emergency response team such as the fire department or other trained rescue workers of the intent to enter the confined space. Entry shall only occur after proper tests have been performed to show that a dangerous air contaminant, oxygen deficiency, or oxygen enrichment does not exist or the standby person is protected as prescribed in Section V, subdivision 3 items C and D, subitem (1). Subdivision 3. Class III. Confined spaces where an atmosphere free of dangerous air contamination, oxygen deficiency, or oxygen enrichment cannot be verified The requirements of this part apply to entry into and work within a confined space whenever an atmosphere free of dangerous air contamination, oxygen deficiency, or oxygen enrichment cannot be verified through the implementation of the applicable provisions of Section IV, or whenever due to an emergency, dangerous air contamination, oxygen deficiency, or oxygen enrichment cannot be prevented through the implementation of the applicable provisions of Section IV. (A) Tanks, vessels, or other confined spaces with side and top openings shall be entered from side openings when practicable. For the purposes of this part, side openings are those within 42" of the bottom. (B) Appropriate, approved respiratory protective equipment, in accordance with Code of Federal Regulations, Title 29, Section 1910.134, shall be provided and worn (se Appendix B). (C) An approved safety belt or harness with an attached line must be used. The free end of the line shall be secured outside the entry opening. The line shall be at least 2,000 pounds test. (D) At least one person shall stand b on the outside o Y f the confined space ready to give assistance in case of emergency. (1) The standby person shall_ have appropriate, approved respiratory protective equipment, including an independent source of breathing air that conforms with the Code of Federal Regulations, Title 29, Section 1910.134(d) and is available for immediate use (see Appendix B). CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 28 D Lru (2) A standby person protected as prescribed by items C and D may enter the confined space, but only in case of emergency and only after donning the required personal protective equipment and alerting an emergency response team such as the fire department or other trained rescue workers of their intention to enter the confined space. (3) Visual, voice, or signal line communications shall be maintained among all individuals in the confined space and the standby person. (E) When entry must be made through a top opening, the following requirements also apply. (1) The safety harness shall be of the type that suspends a person in an upright position. (2) An approved hoisting device or other effective means shall be provided for lifting workers out of the space. (F) Work involving the use of flame, arc, spark, or other source of ignition is prohibited within a confined space (or any adjacent space having common walls, floor, or ceiling with the confined space) that contains, or is likely to develop, dangerous air contamination due to flammable or explosive substances. (G) Whenever gases such as nitrogen are used to provide an inert atmosphere for preventing the ignition of flammable gases or vapors, no flame, arc, spark, or other source of ignition may be permitted unless the oxygen concentration is maintained at less than 20 percent of the concentration that will support combustion. (1) Testing of the oxygen content shall be conducted with sufficient frequency to insure conformance with this paragraph. (2) A written record of the results of such testing shall be made and kept at the work site for the duration of the work. (H) Only approved lighting and electrical equipment may be used in confined spaces subject to dangerous air contamination by flammable or explosive substances. Subdivision 4. Precautions for emergencies involving work in confined spaces. At least one person trained in first aid and cardiopulmonary resuscitation (CPR) shall be immediately available whenever the use of respiratory protective equipment is required by this part. Standards for CPR training shall follow the principles of the American Heart Association or the American Red Cross. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 29 I M CONFINED SPACE PROCEDURES This permit is to be used for entry into a sewer /storm drain and /or lift station following the procedures for a Class 2 entry. This permit cannot be used for a Class 3 entry. Only workers trained on confined space entry procedures within the past year may use this permit. (1) Confined space covers shall be removed and replaced using tools designed for that purpose. Smoking and open flames shall not be permitted within twenty feet of the confined space opening. (2) When removing or replacing confined space covers, care shall be exercised by workers to properly position their feet and hands so as to avoid back and extremity injuries. When opening such covers in the presence of snow or ice, the immediate area shall be salted or sanded to provide safe footing. A flame shall not be used to melt ice around a confined space cover. (3) It is desirable to ventilate all confined spaces before entry with a blower with a capacity of 1,000 cfm or greater. The blower should be located to assure that engine exhaust gases are not blown into the confined space. Ventilate the confined space by blowing air into the space for at least five minutes before entering. The blower should continue to operate while workers are in the confined space. (4) Tests shall be made before entering the confined space to determine the presence of an explosive atmosphere, oxygen deficiency, and toxic hydrogen sulfide with an air monitor (for example a Neotronics Model 40 Exotox meter). Turn the meter on by firmly pressing button marked Power and On /Off. The Exotox will automatically run through a self -test sequence, flashing all LCD legends with audible and visual alarms operating for six seconds. Following this automatic test, the Exotox will proceed to the Oxygen measurement mode and display digitally, real - time percentage oxygen. Consecutive operation of the "Select" button will display Toxic gas (hydrogen sulfide) in parts per million (ppm), Time Weighted Average (TWA), time elapsed from switch -on in decimal hours, and explosive gas in percentage LEL (Lower Explosive Limit). This sequence must always be completed before the instrument is used to ensure correct calibration. The displays shall read 20.4 to 21.4% oxygen, -5 to +5 ppm toxic gas (hydrogen sulfide), 0 pm TWA, o.o /Hr and -3 to +3% LEL. It is normal for an operating instrument to continue to emit a short audible beep every ten seconds and flash the visual alarm lamp as indication that it is functioning correctly. To perform the initial monitoring the meter shall be lowered to the bottom of the confined space-using a lowering rope, and left there for a minimum of five minutes, and then withdrawn from the work space and any alarm indication observed. If no audible or visual alarm is operating, the work space is free of those gas hazards that the monitor is designed to measure. The monitor has the following alarm settings: oxygen less than 19.5% deficiency, greater than 23% excess; toxic gas (hydrogen sulfide) ceiling limit greater than 20 ppm, TWA greater than 10 ppm; and combustible gas greater than 10% LEL of methane in air or equivalent. The results of this testing shall be recorded on the back of this form. If an audible or visual alarm is operating, entry into the confined space is not allowed unless entry is made following Class 3 procedures. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 30 D The Exotox meter must be field calibrated before use, or once per month, and the results of this testing shall be recorded on the calibration log for the instrument. The Neotronics Company shall perform a calibration check on this meter at least once per year, or sooner if the meter does not pass the field calibration. (5) Before use, entry ladders shall be inspected to be sure they are safe. All tools and materials taken into a confined space shall be recorded and shall be accounted for before the confined space is closed. All tools and materials shall be handed down or lowered by handlines. (6) At least one of the workers entering the confined space shall be wearing the air monitor on their waist. If any workers in the confined space will be out of sight of the worker wearing the monitor, then these workers must also wear monitors. If the monitor alarm goes off while workers are in the confined space, the workers will immediately exit the confined space. Re -entry may occur following initial entry procedures. (7) Only approved low voltage (6 or 12 volt) light and extension cords, or electrical apparatus provided with a Ground Fault Circuit Interrupter shall be used in confined spaces. (8) This written permit must be sent to the safety office upon completion of the work in the confined space. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 31 D D XI. TRENCH SAFETY PROCEDURES I. STANDARD Regardless of size, all trenches must comply with OSHA regulations. The slopes and configurations of sloping and benching systems shall be selected and constructed in accordance with OSHA requirements as outlined in Federal Register 1926.652, paragraph [b] (see Appendix J). II. SCOPE This standard applies to all City employees and personnel contracted by the City. III. DEFINITION For purposes of this standard, the term trench means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6m) or less (measured at the bottom of the excavation), the excavation is also considered to be a trench. IV. LIMITATION The complete standard is defined by OSHA regulation 1926.650 - 1926.652 (see Appendix J). CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 32 XII. ELECTRICAL LOCKOUT PROCEDURES I. STANDARD (A) Any main electrical power source disconnect shall be locked out with a lockout device whenever employees or contractors are maintaining, cleaning, adjusting, or servicing machinery or equipment if the disconnect is not in clear ee sight of the employee g P Y or if there is a chance the employee ee will temporarily leave the P Y P Y area. B A "Do Not ( ) Start to shall be affixed to any and all operating Y P g controls. (C) When more than one employee is working on machinery or equipment, each employee shall affix his own lockout device to the disconnect switch or power supply. II. SCOPE This standard applies to City employees and to contractors working in City facilities on City -owned machinery or equipment. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 33 D .J A 7 roI -r 7 XIII. EMPLOYEE RIGHT TO KNOW PROGRAM 0 I. STANDARD The Employee Right to Know Act specifies certain procedures all employers must follow to ensure that employees are informed of the hazardous substances, harmful physical agents, and infectious agents he or she will be exposed to in the work place, and know how to work with them safely. The Act also specifies requirements for availability of information. (A) Employees have certain rights under the Act, including to: be informed of hazardous working conditions; be trained in the proper procedures for working under those conditions; and refuse to work under hazardous conditions. (B) Employees have certain responsibilities, including to notify their supervisors of hazardous conditions. If the hazard is serious and is not abated, the employee is responsible for contacting the Commissioner of Labor & Industry to request an inspection. (C) The City has certain rights under the Act, including to assign employees to alternate work until hazards have been abated or training has been received and to request a signed statement that training was received. (D) The City has certain responsibilities, including to: provide training and maintain training records; provide access to important information such as Material Safety Data Sheets (MSDSs) on employee demand; survey the work place for hazardous conditions; and provide appropriate safety equipment and devices. (E) Containers of hazardous substances must be labeled. Containers of substances must be labeled with the name of the substance, the manufacturer's name, address, and phone number, proper conditions for use, emergency treatment, symptoms of effects, and the substance's toxicity, flammability, and reactivity. (F) Work areas which are exposed to harmful physical agents, such as high levels of noise, must be so labeled. (G) Each work site will have available copies of MSDSs for each hazardous substance used. (H) The City will provide training annually and upon appointment to all employees regarding: rights and responsibilities; the definition of hazardous substance and harmful physical agents; and using the MSDS. (I) Each department will provide more detailed training upon appointment and at the time a new hazardous substance or harmful physical agent is introduced, to all employees exposed to that hazard. This training will include the use of necessary protective equipment, potential health effects, and symptoms of effects. CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 34 II. DEFINITION via (A) The Minnesota Employee Right to Know Act was made law in 1983 amending the Minnesota Occupational Safety and Health Act of 1973. The law is contained in Ch. 182, Minnesota Statutes (see Appendix L). (B) "Hazardous substances" shall be construed as set forth in Ch. 182.651(14), MS, and "harmful physical agents" as set forth in Ch. 182.651(15), MS (see Appendix L). (C) The rights and responsibilities of employees are set forth in Ch. 182.654, MS. The rights and responsibilities of employers are set forth in Ch. 182.653, MS. III. SCOPE This standard applies to all City employees. i CITY OF BROOKLYN CENTER EMPLOYEE SAFETY MANUAL (5/90) Page 35 Member introduced the following esolution and moved i adoption: g is RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB ------------------------------------ WHEREAS, THE BROOKLYN CENTER ROTARY CLUB has presented the City a gift of 'four hundred dollars ($400) and has designated that it be used for Central Park flowers; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Rotary Club for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $400 be appropriated to the Parks Maintenance Landscape Materials and Supplies Budget to be used to purchase flowers for Central Park. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVI URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the following proposed use of Community Development Block Grant funds was developed consistent with program rules. Home Rehabilitation Grants $194,595 $194,595 BE IT RESOLVED that the City Council of Brooklyn Center approves the proposed use of Year XVI Urban Hennepin County Community Development Block Grant funds and authorizes submittal of the proposal to Hennepin County for consideration by the Citizens Advisory Committee and for inclusion in the Year XVI Urban Hennepin County Community Development Block Grant Statement of Objectives and Project Use of Funds. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 5/21/90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF WELL NO. 10, IMPROVEMENT PROJECT NO. 1990 -02 DEPT. APPROVAL: SY KNAPP, DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) e On January 8, 1990 the City Council adopted a resolution approving an agreement with Black and Veatch, Consulting Engineers, to provide engineering services relating to the design and development of plans and specifications for the construction of an additional well, i.e., "Well No. 10" to increase the City's water supply capacity. The first art of Black p a and Veatch 's assignment was to conduct an evaluation of potential well sites, to recommend a specific site for Well No. 10, to recommend design parameters for this well and to develop a cost estimate and a construction schedule. This work has been completed and is summarized in Black and Veatch's May 11, 1990 report (copy attached). The selected site (identified in the report as "Site No. 2" will be just west of T. H. 252 and approximately 400 feet north of 70th Avenue (see Figure 1 in the report). Also, it is recommended that the well be designed for use of the Jordan aquifer only. That decision is based on: (1) discussions with DNR which indicate that the deeper Mt. Simon - Hinckley aquifer has a much more limited capacity than the Jordan and that restrictions in the use of that aquifer will probably be imposed; (2) the costs for extension of the well to that aquifer, and the os c is of pumping water from that aquifer are considerably greater than q Y g from the Jordan; and (3) the City's past experience in use of the Jordan has been very satisfactory. The estimated construction cost of Well No. 10 is $665,000, of which $110,000 is for drilling the well and $555,000 is for the required wellhouse, piping, and appurtenances. With the addition of a 10% contingency and engineering fees, the total project cost is estimated at $823,900. �'I Black and Veatch has now prepared plans and specifications for the construction of the well. It is recommended that those plans and specifications be approved at this time so that bids can be obtained and a contract for well construction can be awarded, with a completion date of October 16, 1990. Subsequently, plans and specs for the second contract (for wellhouse, etc.) will be prepared, with bids for that work to be received in August, a contract awarded in late August or early September, and completion by May 16, 1991 (in time for the 1991 summer demand). City Council Action Required A resolution is provided for consideration by the City Council. r r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF WELL NO. 10, IMPROVEMENT PROJECT NO. 1990 -02 WHEREAS, pursuant to Resolution No. 90 -12, adopted January 8, 1990, Black and Veatch, Consulting Engineers, have prepared plans and specifications for the construction of Well No. 10, Improvement Project No. 1990 -02, Contract 1990 -F and have submitted said plans and specifications to the City Council for review and approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said plans and specifications as prepared by Black and Veatch, consulting engineers, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper 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 City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for S per cent of the amount of such bid. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BLACK & VEATCH 8400 Ward Parkway, PO. Box No. 8405, Kansas City, Mis ' 4114 1 ry, ssou a , �9 3j 39 -2000 3 Brooklyn Center, Minnesota B &V Project 16831.200 Well No. 10 B &V File B -1.1 Site Selection Study May 11, 1990 Mr. Sy Knapp Director of Public Works 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Knapp: This letter report and attachments contain the results of engineering services in accordance with our contract dated January 12, 1990, to provide a site selection study for Well No. 10. INTRODUCTION The purpose of this report is to evaluate available sites and recommend a site for Well No. 10. The evaluation is based on a revised drawdown analysis at three alternative sites, including drawdown interference by existing wells and the new well. The evaluation also includes other considerations such as aesthetic aspects and capital costs. WELL DRAWDOWN ANALYSIS Alternative Sites Several potential well sites were considered. After review and discussions, three sites were selected for evaluation. All three are located near the City's existing wells in the northeast part of the city, as indicated on the attached Figure 1. Computer Model /Assumptions Before performing the analyses, applicable portions of the 1984 water works improvements report prepared by Black & Veatch and data furnished by the City for the 1989 water works report, were reviewed and re- evaluated. A summary of individual well drawdown tests performed August 24, 1982, and December 10, 1987, is presented in Table 1. The maximum drawdown from observed pumping levels for July 11, 1988, July 23, 1988, and August 3, 1988, are shown in Table 2. Several t BLACK a V E A T C H Page 2 Mr. Sy Knapp B &V Project 16831.200 May 11, 1990 TABLE 1 SUMMARY OF INDIVIDUAL WELL DRAWDOWN TESTS 1982 Test 1987 Test Well Static Maximum Static Maximum No. Level Q Drawdown Level Q Drawdown 8 -24 -82 gpm ft 12 -10 -87 gpm ft 2 21 1130 40.1 21.0 -- -- 3 36 1110 42.1 38.2 1110 50.2 4 34 1320 38.2 36.0 -- -- 5 39 1650 38.5 40.0 1650 40.7 6 34 1440 61.0 37.0 1440 61.3 7 40 1600 43.5 42.0 1600 42.2 8 41 1610 28.7 43.0 1550 32.1 9 -- 1600 44.0(1) 43.7 1600 31.9 (1) Estimate TABLE 2 MAXIMUM DRAWDOWN FROM OBSERVED PUMPING LEVELS Well Static 6 -11 -88 6 -23 -88 7 -3 -88 No. Level Q Depth Drawdown (1) Q Depth Drawdown (1) Q Depth Drawdown (1) 12 -10 -87 2 -16 -89 gpm ft ft gpm ft ft gpm ft ft 2 21.0 22.5 1180 67.5 46.5 1175 65.8 44.8 1200 64.5 43.5 3 38.2 37.5 1121 158.0 119.8 975 147.5 109.3 1010 149.0 110.8 4 36.0 35.5 1188 -- -- 1060 134.8 98.8 1080 136.3 100.3 5 40.0 39.2 1393 155.1 115.1 1200 142.5 102.5 1160 144.7 104.7 6 37.0 36.0 1430 -- -- 1360 140.0 103.0 1340 142.2 105.2 7 42.0 41.3 1562 159.1 117.1 1300 146.0 104.0 1280 148.0 106.0 8 43.0 42.3 1606 126.0 83.0 1500 119.0 76.0 1500 120.5 77.5 is 9 43.7 42.8 1662 142.6 98.9 1530 134.0 90.3 1540 136.0 92.3 (1) Based on static levels of 12- 10 -87. BLACK & V E A T C H Page 3 Mr. Sy Knapp BU Project 16831.200 May 11, 1990 observations were made from re- evaluation of this data. These observations are as follows: • As indicated in Table 1, there is good agreement between the individual well drawdowns from the 1982 and 1987 test data. • There is good agreement between the observed drawdowns with other pumps operating as indicated in Table 2. • Individual static water levels shown in Tables 1 and 2 are in good agreement among the 1982, 1987, and 1989 values. The well drawdown analyses were performed using a computer model to determine the drawdown caused by pumping the well itself as well as by pumping the other wells. The model verification testing was based on June 23, 1988, test data. The results of initial attempts to predict total drawdown using the well interaction computer program did not agree closely with the observed values. The well program assumes constant hydrogeologic properties and a non -leaky aquifer. The observed drawdown data indicate that hydrogeologic conditions in the vicinity of Wells 8 and 9, where drawdowns are relatively low, are better than those in other areas of the wellfield. On the other hand, observed drawdowns at Well 6 are greater than predicted by the model. Localized conditions at each well will have an impact on the actual drawdowns. Based on these findings, the following procedure was used to determine well drawdown interaction: • The drawdown of each existing well due to its individual operation was based on observed values from the 1982 and 1987 test data. • All other drawdowns were computed using the well interaction program. The results of the final calibration /verification run are shown in Table 3. The transmissivity was adjusted until the calculated drawdown correlated closely with the observed drawdown for each well. The average transmissivity value for the final calibration was 68,000 gpd /ft. This value is higher than the average of 41,900 gpd /ft for the seven existing wells computed from the 1982 tests. However, at least one transmissivity value in the 1982 tests exceeded this value. The slightly higher transmissivity probably reflects the fact that there is some leakage from the confining upper layers of the aquifer, which is not taken into account in the model. The final computed drawdowns for the verification run are within 10 percent of the observed values at all well locations. BLACK a V E A T C H Page 4 Mr. Sy Knapp BU Project 16831.200 May 11, 1990 TABLE 3 VERIFICATION OF OBSERVED DRAWDOWNS June 23, 1988 Due to Pumping Interface Drawdown (ft) at Well Number At Well Number 2 3 4 5 6 7 8 9 Total 2 40.0 0.3 0.3 0.2 0.3 0.2 0.2 0.2 41.7 3 0.2 50.0 10.9 7.7 8.7 6.8 5.3 5.7 95.3 4 0.2 11.8 38.0 8.3 8.6 7.9 6.3 6.6 87.7 5 0.2 9.4 9.4 41.0 7.2 11.9 8.1 9.6 96.8 6 0.4 12.1 11.1 8.2 61.0 7.6 6.2 6.5 113.1 7 0.2 9.1 9.7 12.9 7.2 44.0 10.8 13.0 106.9 8 0.2 8.2 8.9 10.1 6.9 12.5 32.0 14.2 93.0 9 0.2 9.0 9.5 12.3 7.3 15.3 14.5 32.0 100.1 Total 41.6 109.9 97.8 100.7 107.2 106.2 83.4 87.8 Observed 44.8 109.3 98.8 102.5 103.0 104.0 76.0 90.3 Difference -3.2 0.6 -1.0 -1.8 4.2 2.2 7.4 -2.5 Relative -7.1 0.5 -1.0 -1.8 4.1 2.1 9.7 -2.8 Error ( %) Comments: Drawdowns of each existing well due to its individual operation based on observed drawdowns. Drawdowns of other wells computed using: (1) Average T = 68,000 gpd/ft (2) Average S = 0.00005 (3) 8 hour pumping duration BLACK & V E A T C H Page 5 Mr. Sy Knapp B &V Project 16831.200 May 11, 1990 It is noted from the 1988 data shown in Table 2, that with all wells operating simultaneously, their capacities are less than the rated capacity of each well operating individually. The firm capacity based on the observed June 23, 1988, pumping rates is 12.2 mgd with the largest well, No. 9, out of service. The maximum day demands from the 1989 Black & Veatch report are as follows: Conditions Maximum Day Demand, mod 1990 Ultimate Normal 11.4 12.6 Drought with Restrictions 12.5 13.9 Drought without Restrictions 14.3 15.8 To meet ultimate maximum day demand under normal conditions, one additional well will be required. To meet ultimate demand under drought conditions without restrictions, two wells will be required. Well Drawdown Results The well drawdown interaction results are summarized in Tables 4, 5, 6, and 7. Table 4 shows the individual well drawdown interference or interaction. The total drawdown for the three alternative well sites individually and in combinations is shown in Table 5. Table 6 indicates the expected water levels (depth to water) in each of the existing wells and Table 7 indicates the anticipated pump submergence in the existing wells. The final analyses are probably conservative because the computed drawdowns are based on well capacities identified by the 1987 individual well tests. As indicated above, the actual discharges with all wells pumping will probably be less than the sum of individual well capacities. This will mean lower drawdowns than those used in the analyses. However, because the analyses do not take into account any regional lowering of static water levels, and because of inherent hydrogeologic uncertainties, they are not considered to be over - conservative. IMPACTS ON EXISTING WELL FIELD Operating Costs As indicated in Table 5, the operation of one or two additional wells will increase the expected drawdown and the pumping head at each existing well. As water use increases, the energy requirements will increase due to the increase in water use and greater pumping head. However,.the difference in average well drawdown among the three alternative sites is relatively insignificant, and probably within the accuracy of the computer model. Therefore, the difference in energy costs among the three site options is negligible. BLACK & V E A T C H Page 6 Mr. Sy Knapp BU Project 16831.200 May 11, 1990 TABLE 4 Due to Pumping Well Pumping Interference Drawdown (ft) at Well Number or Site At Well Number Rate (gpm) 2 3 4 5 6 7 8 9 Site 1 Site 2 Site 3 2 1,200 40.0 0.3 0.3 0.2 0.3 0.2 0.2 0.2 0.2 0.2 0.2 3 1,110 0.3 50.0 12.4 8.7 9.9 7.8 6.1 6.5 6.4 7.3 9.0 4 1,150 0.3 12.8 38.0 9.0 9.4 8.6 6.8 7.1 6.7 7.7 10.5 5 1,650 0.3 13.0 12.9 41.0 9.9 16.4 11.1 13.3 13.8 16.7 15.2 6 1,440 0.4 12.8 11.7 8.7 61.0 8.0 6.6 6.9 6.8 7.5 9.1 7 1,600 0.3 11.2 12.0 15.9 8.9 44.0 13.3 16.0 13.5 17.2 16.6 8 1,550 0.2 8.5 9.2 10.4 7.1 12.9 32.0 14.7 10.9 11.8 11.6 9 1,600 0.2 9.4 9.9 12.9 7.7 16.0 15.2 32.0 14.8 16.3 12.7 Site 1 1,500 0.2 8.7 8.8 12.5 7.0 12.7 10.6 13.9 43.8 16.0 10.5 Site 2 1,500 0.2 9.8 10.1 15.2 7.8 16.1 11.4 15.2 16.0 43.8 12.6 Site 3 1,500 0.3 12.1 13.7 13.8 9.4 15.6 11.3 11.9 10.5 12.6 43.8 TABLE 5 New Well Sites Total Expected Drawdown (ft) at Well Number or Site In Operation (1) 2 3 4 5 6 7 8 9 Site 1 Site 2 Site 3 Average (2) None 42.0 118.0 106.4 106.8 114.2 113.9 91.3 96.7 -- -- -- 98.7 1 42.2 126.7 115.2 119.3 121.2 126.6 101.9 110.6 116.9 -- -- 109.0 2 42.2 127.8 116.5 122.0 122.0 130.0 102.7 111.9 -- 128.5 -- 111.5 3 42.3 130.1 120.1 120.6 123.6 129.5 102.6 108.6 -- -- 128.7 111.8 1 and 2 42.4 136.5 125.3 134.5 129.0 142.7 113.3 125.8 132.9 144.5 -- 122.7 1 and 3 42.5 138.8 128.9 133.1 130.6 142.2 113.2 122.5 127.4 -- 139.2 121.8 2 and 3 42.5 139.9 130.2 135.8 131.4 145.6 114.0 123.8 -- 141.1 141.3 124.6 (1) All existing wells operating. (2) Average expected drawdown of all existing wells and new well sites that are in operation. B L A C K & V E A T C H Page 7 Mr. Sy Knapp BU Project 16831.200 May 11, 1990 TABLE 6 Expected Water Levels (ft) at Well Number Conditions 2 3 4 5 6 7 8 9 Static (2) 21.0 38.2 36.0 40.0 37.0 42.0 43.0 43.7 New Well Sites In Operation (1) None 63.0 156.2 142.4 146.8 151.2 155.9 134.3 140.4 1 63.2 164.9 151.2 159.3 158.2 168.6 144.9 154.3 2 632 166.0 152.5 1620 159.0 172.0 145.7 155.6 3 63.3 168.3 156.1 160.6 160.6 171.5 145.6 152.3 1 and 2 63.4 174.7 161.3 174.5 166.0 184.7 156.3 169.5 1 and 3 63.5 177.0 164.9 173.1 167.6 184.2 156.2 166.2 2 and 3 63.5 178.1 166.2 175.8 168.4 187.6 157.0 167.5 (1) All existing wells operating. (2) Based on Static Levels of 12- 10 -87. TABLE 7 Pump Settings and Submergence (ft) at Well Number Description 2 3 4 5 (2) 6 7 8 9 Pump Setting 90.0 170.0 150.0 160.0 180.0 170.0 170.0 185.0 Pump Submergence, New Well Sites In Operation (1) None 27.0 13.8 7.6 13.2 28.8 14.1 35.7 44.6 1 26.8 5.1 -1.2 0.7 21.8 1.4 25.1 30.7 2 26.8 4.0 -2.5 -2.0 21.0 -2.0 24.3 29.4 3 26.7 1.7 -6.1 -0.6 19.4 -1.5 24.4 32.7 1 and 2 26.6 -4.7 -11.3 -14.5 14.0 -14.7 13.7 15.5 1 and 3 26.5 -7.0 -14.9 -13.1 12.4 -14.2 13.8 18.8 2 and 3 26.5 -8.1 -16.2 -15.8 11.6 -17.6 13.0 17.5 (1) All existing wells operating. (2) Well No. 5 has a bent casing, and pump setting can not extend beyond 160 feet. BLACK & V E A T C H Page 8 Mr. Sy Knapp B &V Project 16831.200 May 11, 1990 Well Field Modifications The anticipated pump submergence ( +) or lack of it ( -) at each existing well is indicated in Table 7. The addition of a single well (No. 10) may produce a lack of pump submergence at three or four existing wells (Nos. 4, 5, 7, and possibly 3). Since this lack of submergence is relatively minor, these pumps could be throttled slightl to maintain adequate submergence now. However, if another well (No. 11� is added in the future, the lack of submergence at these existing four wells becomes more significant. Additional throttling to maintain submergence could result in a significant decrease in well pumping capacity, as well as other possible operating problems. Therefore, the pump settings for these four wells should be extended before Well No. 11 is put on line. Other modifications, such as modifying pump bowls or installing larger motors, may also be required. These modifications could be performed when the pumps are pulled for periodic maintenance and inspection as a part of the City's routine maintenance program. RECOMMENDATIONS Well No. 10 Site As indicated by the drawdown analysis, hydraulically the three alternative sites are approximately equal. Therefore, the selection of a site could be based on considerations other than hydraulics. Site No. 1 is located in Riverdale Park and Site No. 3 is in Evergreen Park. Since both sites are highly visible, the well house may require a special architectural treatment compatible with the surrounding development. Also, Site No. 1 is east of Minnesota Highway 252, which would require tunneling the well discharge line under the highway to tie into the distribution system. Development of either of these sites would be more expensive than Site No. 2. Site No. 2 is located on the proposed future water treatment plant site. The location of the well on the plant site will accommodate future construction of a 2 million gallon reservoir, a high service pumping station, and a 16 million gallon per day water treatment plant for iron and manganese removal. A possible plant layout is shown on Figure 2, and it appears there is more than adequate space on the site. The architectural treatment of the well house will be similar to existing Well House No. 9, which is also on this site. Site No. 2 is the most economical choice and is therefore recommended for Well No. 10. The site was also evaluated for a 16 mgd softening plant, should the City wish to provide softening treatment in the future. While the softening plant itself would probably fit on the site, sludge would have to be mechanically dewatered since the site is not large enough for sludge lagoons. BLACK & V E A T C H Page 9 Mr. Sy Knapp B &V Project 16831.200 May 11, 1990 Future Well No. 11 Site Alternatives Should the City decide to construct Well No. 11 in the future, Sites No. 1 and 3 could be considered at that time, along with any additional sites. Well No. 10 Casing Size Well No. 10 will be designed to pump approximately 1500 gpm from the Jordan formation. The inner casing size required is 24 inches. However, the possibility of utilizing a 30 -inch casing to allow future extension into the deeper Mt. Simon - Hinckley formation, was also investigated. Discussions with the Minnesota Department of Natural Resources (DNR) indicated that some restrictions may be imposed on obtaining water from the Mt. Simon - Hinckley formation. Although municipal potable water supply has the highest priority, withdrawal from the Mt. Simon - Hinckley formation may be allowed only if no other source is available. DNR did not recommend oversizing the well casing for future extension into the Mt. Simon - Hinckley formation, but instead recommended sizing the casing for the Jordan formation only. DNR also discussed the growing need for water conservation to stop the continuing decline of aquifer levels. The additional cost of oversized well casing for future extension into the Mt. Simon - Hinckley formation is estimated to be between $20,000 and $25,000. While this may appear relatively inexpensive compared to the overall project cost, it appears that there is little chance of the well being extended into the Mt. Simon - Hinckley formation. Therefore, an oversized casing for Well No. 10 is not recommended. Well No. 10 Construction Cost The preliminary opinion of probable construction cost for Well No. 10 is listed below. This cost was originally transmitted to the City in Black & Veatch's letter dated January 3, 1990, and remains unchanged. BLACK & V E A T C H Page 10 Mr. Sy Knapp BU Project 16831.200 May 11, 1990 Item Probable Construction Cost Well No. 10 (Contract No. 1) $110,000 Well House and Piping (Contract No. 2) Structure and Pipin (Based $390,000 on Well No. 9 costs } Scrubber Equipment $100,000 Standby Generator $ 30,000 Additional Structure to House Scrubber 35,000 $555,000 $ 555,000 Subtotal $665,000 Contingencies, 10% 66,500 Total Construction Contract Cost $731,500 Engineering Fees 92,400 Total Project Cost $823,900 Project Schedule In order to have Well No. 10 on line by May 1, 1991, the following project schedule is proposed: Start Complete Design Memorandum May 4, 1990 May 21, 1990 Site Survey (by City) May 4, 1990 May 21, 1990 Geotechnical May 4, 1990 May 21, 1990 Contract No. 1 - Well Drilling Design May 4, 1990 May 25, 1990 Quality Control May 25, 1990 June 6, 1990 Advertisement June 6, 1990 June 28, 1990 Award July 6, 1990 Construction July 13, 1990 October 16, 1990 Contract No. 2 - Well House Design May 21, 1990 July 16, 1990 Quality Control July 16, 1990 August 1, 1990 Advertisement August 1, 1990 August 30, 1990 Award September 7, 1990 Construction Sept. 17, 1990 May 16, 1991 Well Startup April 16, 1991 May 16, 1991 BLACK & V E A T C H Page 11 Mr. Sy Knapp B &V Project 16831.200 May 11, 1990 We trust that this letter report provides the information you need regarding the selection of a site for Well No. 10. 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Z 25 �--- -------- - - DOC NO 403081 I ----------J --- - - - 1 f PMT Of 1 '^ LOT 25 r. NI = r Proposed ( a) - Future Nell No. /0,' 7027 w _- w umpJny ~! ------ - - - - -- Dor No ,67s336 ' h— — .L7fJ0 t�C 11, STIt ?E }#IT - -- - -- - -- V 8 n � FR PMT OF l0i 2, uture 2.0 MG - „; (3) eservoir 7oz/ ► $ Doc NO 48872M Z S88 i Lij � 1 U I Q� fy` BROOKLYN CENTER, MINNESOTA L FUTURE WATER TREATMENT 30 �o . PLANT LAYOUT - - - _ NM*47'46•W ��a/e I = IOD� FIGURE 2 871.33_ - 173.07 t -.... - - --- - -- ----- - - ......... N88 "••. +wtc CITY OF BROOKLYN CENTER Council Meeting Date 5/21/90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY,XNAPP, DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. Recommendation It is recommended the Council adopt the attached resolution. REFORESTATION PROGRAM PROPOSAL Goal: To replace, where appropriate, boulevard and private trees lost to drought or disease Proposal: Contract with a nursery to supply and plant trees in the appropriate locations. The property owner would be charged the City's cost. The City would pay half the cost of boulevard trees. No administrative fees would be charged. Recommendation: Over the course of the 1990 Tree Removal Program, survey property owners as to their interest in replacement trees. When a good estimate of the number of trees is available, obtain quotes and bring a cost estimate to the Council for further consideration. Trees could be planted this fall or next spring. Discussion: ® The price per tree under this proposal could vary considerably, based onthe number, types, and locations of trees for replacement. About 400 of the nearly 600 trees removed in 1989 were located on the boulevard or on private property. If one in ten property owners express an interest, we could expect to plant about 40 trees. However, if every other property owner is interested, we would plant 200. Clearly, a good estimate of the magnitude of such a project is needed. We do know from experience in the late '70s and early '80s that even when the boulevard trees were offered free of charge, many property owners chose not participate. Some owners preferred a different variety of tree than what the City was offering; others simply no longer wanted a boulevard tree. Two Metro cities have had some experience with programs that would provide trees at the city's cost; with these programs, the property owner was responsible for planting and maintaining the tree. Robbinsdale attempted to orgranize such a program in the late 1 70s, and according to the City Forester, got "a handful of calls." Golden Valley, which shares its forester with Robbinsdale, recently began looking into the same program, and received about 30 calls. The second important area which would require time to develop is a set of policies and procedures, approved by the City Attorney, which would protect the City from liability should the tree die, or cause property damage or injury in some way. It is anticipated that an agreement to be signed by the property owner would also need to be developed. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 05/21/90) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove shade trees on the owners' property; and WHEREAS, the City can expedite the removal of these shade trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER T ABOUISNAINEH 2819 O'Henry Rd 1 STEVE MCGLYNN 2319 BROOKVIEW DR 10 STEVE MCGLYNN 2319 BROOKVIEW DR 11 CITY OF BC EAST PALMER PK 12 DORIS CLEVELAND 6107 FRANCE AVE N 13 J. & S. BURNETTE 5405 GIRARD AVE N 2 R.BECHT & E.ARMSTRON 4734 TWIN LAKE AVE N 3 ROLAND SCHERBER 4714 LAKEVIEW AVE 4 JOHN & JAN SCHOLLA 6700 CAMDEN AVE. N. 5 DIANA O'CONNOR 711 69TH AVE. N. 6 DIANA O'CONN0R 711 69TH AVE. N. 7 DIANA O'CONNOR 711 69TH AVE. N. 8 L. & P ENGH 6018 CAMDEN AVE. N. 9 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i CITY OF BROOKLYN CENTER Comcd Meeting Date S A / 90 Agenda Item Numbe • (DDDRCC) REQUEST FOR COUNCIL CONSIDERATION * rrrrrrrrrrrr*, � rr* r*, rr r, � trr* r**t rrrrr* rr *rrfr *rrrrrrrrtr�►tr *r #r,rr*rr *rrr * *r : * * *r* ITEM DESCRIPTION: RESOLUTION TO AUTHORIZE PAYROLL WITHHOLDING FOR THE MINNESOTA BENEFIT ASSOCIATION rrrrrrrr "' *r, rrr+► rrrrrrrrrrrrrr ►rrrrrrrrrrrrrr- rrrrrrr * rrrrrrr DEPARTMENT APPROVAL- Director of Finance Signature - title rrrrrrrrrrr rrr *rrrrrrrrrrrrrr *rrr *rrrrrr r * � * y �+ fst . ^.,_,. MANAGER'S REVIEW /RECOMMENDATION: rrrrrrrrrrrrrrrrrrr No comments to supplement this report Comments below /attached **** r***** rrrrrrrrr r rrrrrrrrrrrrrrrrrrrrrrrrrryrrrrrrrrr rrrrr SUMMARY EXPLANATION: rrrrrrrrrrr * rrrr (supplemental sheets attached The Minnesota Benefit Association (MBA) is a non - profit organization of public employees that was founded in 1929 to provide insurance benefits and other related fraternal and benevolent services to public employees in Minnesota. _MBA is also involved in providing scholarships for children of public employees. MBA, through its agent, Steven A. Smith of Brooklyn Center, wishes to offer certain insurance options to Brooklyn Center employees. They offer accident, disability income, term life, and universal life insurance. Some of our employees have expressed an interest in obtaining disability insurance. Any premiums for insurance written by MBA would be paid entirely by the employee, with no contribution from the City. MBA is only asking to be able to offer the insurance to City employees and for employees to be allowed to pay the premiums through payroll withholding. STAFF RECOMMENDATION Staff recommends that the City Council adopts the attached resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Adopt the resolution to authorize payroll withholding for the Minnesota Benefit Association. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO AUTHORIZE PAYROLL WITHHOLDING FOR THE MINNESOTA BENEFIT ASSOCIATION --------------------------------------------------- WHEREAS, the Minnesota Benefit Association is a non - profit organization of public employees that was founded in 1929 to provide insurance benefits and other related fraternal and benevolent services to public employees throughout the State of Minnesota; and WHEREAS, the Minnesota Benefit Association wishes to offer various forms of insurance to City employees and said insurance would include accident, disability income, term life, and universal life; and WHEREAS, the benefits offered would be entirely paid by the employees and no contribution would be made by the City of Brooklyn Center; and WHEREAS, the Minnesota Benefit Association has requested that the City authorize payment of premiums for insurance requested by employees by withholding from the employee's pay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize payroll withholding for insurance purchased by employees from the Minnesota Benefit Association. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. The Minnesota Benefit A Association Story MBA was organized in 1929 and has MBA is a Public Employee provided over sixty years of service Association whose mission is "... to to Minnesota Public Employees ..... provide insurance benefits and other related fraternal and Its genesis was a meeting organized by benevolent services to Minnesota Harold Hollister, a Minnesota Public Public Employees ....." Employee who had been instrumental in developing the Illinois Retirement Program MBA provides an c000rtunity for Minnesota when he was a resident of that State. It was Public Employees to protect themselves and this group of concerned Public Employees their families with primary and supplemental who formed the nucleus of a new insurance benefits. Many people who have organization known as The Minnesota been turned down for other insurance can Benefit Association. qualify for these plans. Out of that meeting the present day The premiums for the programs endorsed employee benefit programs evolved. The by The Minnesota Benefit Association are Minnesota Benefit Association helped extremely competitive and can be set up on sponsor the 1931 legislation that established PAYROLL DEDUCTION. This valuable a retirement program for State employees convenience results in a significant savings in and MBA was the first designated premium for members. organization to offer group Life Insurance to Minnesota State Employees. ..... Since that time, The Minnesota Benefit Scholarship Program Association has worked to better the lives of Another MBA member service is the Public Employees and has broadened its Scholarship Program for children of Public scope to include County, Municipal, Employees. Thousands of dollars are given Township and School District employees. each year to deserving students to help The Board of Directors and officers of MBA defray their college costs. come from the ranks of Public Employees. CITY OF BROOKLYN CENTER Counts! Meeting pate S o?/ G Agenda Item Numbe (DDDRCC) REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION TO ADOPT A STATEMENT OF INVESTMENT POLICY rrr* rrrr rrrrr• rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrtrrwrrrrrrrrrrrr trrrrrrrrr rrrrrrrrrrrrrr DEPARTMENT APPROVAL W- Director of Finance Signature - title ********** * * * * # * * * * * * * # * * * * # # * * # * * * # * * ** * ** *tom MANAGER'S REVIEW /RECOMMENDATION: * * * # * * * * * * * * # ** EJ No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Among the recommendations included in our independent auditor's management letter for the most recent audit, was a recommendation that the City adopt a formal written investment policy. The Government Finance Officers Association of the United States • and Canada also highly recommends a written policy. I have prepared the written policy and it is attached. We have had an investment policy in the past, but it has been informal and not in writing. The written document that I have submitted pretty well reflects the City's investment policy as it exists today. As you know, we are quite regulated by state statutes as to in what we can and cannot invest our City funds. The written policy reflects those state statutes and attempts to ensure that available funds be invested to the maximum extent possible, at the highest rates obtainable at the time of investment, and in conformance with legal and administrative guidelines. STAFF RECOMMENDATION Staff recommends that the City Council adopts the attached resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------- - - - - -- Adopt the resolution to adopt a statement of investment policy. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO ADOPT A STATEMENT OF INVESTMENT POLICY ---------------------------------------------------- WHEREAS, Effective cash management is recognized as essential to good fiscal management; and WHEREAS, it has always been the policy of the City of Brooklyn Center that available funds be invested to the maximum extent possible, at the highest rates obtainable at the time of investment, in conformance with the legal and administrative guidelines; and WHEREAS, the Government Finance Officers Association of the United States and Canada and the City's independent auditor have recommended that the City establish a written statement of investment policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the attached "Statement of Investment Policy" is hereby adopted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER STATEMENT OF INVESTMENT POLICY Effective cash management is recognized as essential to good fiscal management. This is particularly true as mounting costs and expanding programs have placed ever increasing pressures on local governmental revenues. The extent to which local governments can obtain investment returns on funds not immediately required can help to reduce this pressure. Investment policies must be well founded and uncompromisingly applied in their legal, vendor, and administrative aspects. It is the policy of the City of Brooklyn Center that available funds be invested to the maximum extent possible, at the highest rates obtainable at the time of investment, in conformance with the legal and administrative guidelines outlined herein. I. Legal Aspects Minnesota Statues authorize and define an investment program for municipal governments. (Exhibit 1) A. Investment Instruments Authorization The City of Brooklyn Center shall invest in the following instruments allowed by Minnesota Statutes: a. United States Treasury obligations b. Federal Agency issues c. Repurchase Agreements (repo's) d. Certificates of Deposit e. Commercial Paper - prime f. Bankers Acceptances - prime g. Money Market Funds whose portfolios consist of United States Treasury obligations and Federal Agency issues. B. Supplemental Depositories Annually the City Council will designate depositories for investment purposes. II. Vendor Aspects The vendor aspects of investment activity focus upon protection of taxpayer dollars.and investment income, consistent with statutory authorization and financial prudence. The City of Brooklyn Center shall seek to conduct its investment transactions with several competing, reputable investment security dealers and qualifying banks. Special care should be exercised when considering new services. CITY OF BROOKLYN CENTER _2_ STATEMENT OF INVESTMENT POLICY (Continued) A. Perfecting Collateral in Repurchase Agreements Repo's are considered secured loans with securities as underlying collateral. The collateral in each repo transaction shall be perfected. (Perfection is a legal concept by which a lender attains the right to take delivery and ownership of the collateral involved in a loan in the event that a debtor defaults and files bankruptcy.) With collateral perfection there is less principal risk for the lender since the claim against the collateral is in place in relation to those of other parties. For repo's with maturities of 21 days or less, collateral is considered perfected without security delivery. For repos with maturities extending past 21 days perfection occurs only by taking possession of securities. It is the City of Brooklyn Center's policy to insist on delivery of securities if the repo transaction is for greater than 21 days. B. Selection of Repo Vendors The City of Brooklyn Center will urchase re os from vendor P p s who meet certain criteria. 1. Repo transactions restricted to: a. Reporting dealers who are monitored by the New York Federal Reserve Bank or b. Nationally supervised commercial banks whose combined capital and surplus equals or exceeds $10,000,000. 2. Reputation and Experience The qualifying bank or dealer must have demonstrated over a significant period of time, a successful, profitable, and reliable operation. 3. Management and Professionalism The qualifying bank or dealer must have an established managerial component and knowledgeable professional staff capable of ensuring the continued success of the enterprises. CITY OF BROOKLYN CENTER -3- STATEMENT OF INVESTMENT POLICY (Continued) C. Local Investments In order to provide an opportunity for small local banks and Savings and Loans to compete in the bidding, efforts will be made to offer smaller dollar amounts for bid. The City of Brooklyn Center will purchase short -term and medium -term certificates of deposit from vendors based on the following criteria: a. The rate should match or exceed other investment options. b. The collateral shall be government securities in excess of FDIC maximum insurance ($100,000 under current law). D. Certificates of deposit from Qualifying Banks The City of Brooklyn Center will follow Minnesota Statutes 118.01 and 118.005. (Exhibit 2) E. Bankers Acceptances and Commercial Paper Although authorized by Minnesota Law, bankers acceptances and commercial paper are more risky than instruments of the Federal government or Federal agencies. Because of the credit risk, the City of Brooklyn Center will follow these guidelines: 1. Bankers Acceptances a. Bankers Acceptances shall be restricted to the top 40 banks in the United States (as measured by deposits). Investments in Bankers Acceptances shall not be made if news leads offer concerns over the financial condition of these banks. b. The broker, dealer, or banker shall verify that the Bankers Acceptance is eligible for purchase by the Federal Reserve system. c. Bankers Acceptances should not be purchased unless the yield is greater than United States Treasury obligations or Federal Agency issues. CITY OF BROOKLYN CENTER -4- STATEMENT OF INVESTMENT POLICY (Continued) 2. Commercial Paper a. Commercial Paper shall be restricted to issues which mature in 270 days or less with a rating of A -1 (Moody's), P -1 (Standard & Poors), or F -1 (Fitch) among at least two of the three rating agencies. b. Commercial Paper shall be purchased only from dealers who report to the Federal Reserve Bank of New York or from qualifying banks. c. Commercial Paper shall not be purchased unless the yield is greater than United States Treasury obligations or Federal Agency issues. III. Administrative Process Investments of the City of Brooklyn Center shall be undertaken in a manner which seeks to insure the preservation of capital in the overall portfolio. Safety of principal is the foremost objective. Liquidity and yield are also important considerations. It is essential that money is always available when needed, therefore, the investment goal is to maximize yield while seeing that the maturity dates coincide with expenditure needs. The investment portfolio of the City of Brooklyn Center shall be designed to attain a market - average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraint and the cash flow characteristics of the portfolio. All participating in the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City of Brooklyn Center's ability to govern effectively. A. Procedures Cash management is to a good investment program. The Finance Department has responsibility to organize and establish procedures for effective cash management. 1. Cash flow projections are prepared at the beginning of each budget year. CITY OF BROOKLYN CENTER -5- STATEMENT OF INVESTMENT POLICY (Continued) 2. Each morning cash balances are prepared based on cash received the previous day, warrants paid the previous day, and sizeable checks or wire transfers that present investment opportunity. 3. Each morning the investment records are reviewed and updated as investments mature or are purchased. 4. Each month the investment records are balanced to the the financial records. 5. Each month the Treasurer shall submit a report of the City's investments and cash position to the City Council. 6. Interest earned will be allocated to the various City funds at least annually. B. Banking and Depositories Investment procedures include controlling the level of bank balances and selecting depository institutions. Except for the payroll account, all City funds are centralized in one bank account. 1. At the beginning of each year, the City Council approves depositories and investment firms. 2. Minnesota Statutes 118.005 and 118.01 requires that all deposits be collateralized in the amount of 110% of deposits in excess of federal government insurance coverage. (Exhibit 2) Exhibit 1 1of4 EXHI_ 13 Minnesota Statute 385.07 requires that "all county funds shall be deposited promptly and intact by the county treasurer in the name of the county or invested as provided in 471.56 and 475.66." MS 471.56 states: "Any municipal funds, not presently needed for other purposes, may be deposited or invested in the manner—provided in section 475.66 for the deposit and investment of debt service funds." The statutes that now authorize specific investment instruments are: MS 475.66 Subd. 1. All debt service funds shall be deposited and secured as provided in chapter 118, except for amounts invested as authorized in this section, and may be deposited in interest bearing accounts, and such deposits may be evidenced by certificates of deposit with fixed maturities. Sufficient cash for payment of principal, interest, and redemption premiums when due with respect to the obligations for which any debt service fund is created shall be provided by crediting to the fund the collections of tax, special assessment, or other revenues appropriated for that purpose, and depositing all such receipts in a depository bank or banks duly qualified according to law or investing and reinvesting such receipts in securities authorized in this section. Time deposits shall be withdrawable and certificates of deposit and investments shall mature and shall bear interest Payable at times and in amounts which, in the.judgment of the governing body or its treasurer or other officer or committee to which it has delegated investment decisions, will provide cash at the times and in the amounts required for the purposes of the debt service fund, that the governing body may authorize the provided however, p subject to an agreement to repurchase such investments latgtimes andnpricesnts sufficient to yield the amounts estimated to be so required. Repurchase e5 agreements may be entered into with a bank qualified as depositary of money held in the debt service fund, or with any national or state bank in the United States which is a member of the federal reserve system and whose combined capital and surplus equals or exceeds S10,000,000, or a reporting dealer to the federal reserve bank of New York. MS 475.66 Subd. Z: Repurchase Agreements Investments may be held in safekeeping with any federal reserve bank, any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including but not limited to the bank from which the investment is purchased, or a reporting dealer to Exhibit Z 2of4 the federal reserve bank of New York, provided that the municipality's ownership of all securities in which the fund is invested is evidenced by written acknowledgments identifying the securities by the names of the issuers, maturity dates, interest rates, and serial numbers or other distinguishing marks. MS 475.66 Subd. 3: ni U ted States Treasury obligations, federal agency issues, specified investment company shares, state and local general obligations, bankers acceptances and commercial paper: Subject to the provisions of any resolutions or other instruments securing obligations payable from a debt service fund, any balance in the fund may be invested (a) in any security which is a direct obligation of or is guaranteed as to payment of principal and interest by the United States or any agency or instrumentality of the United States, (b) in shares of an investment company registered under the federal investment company act of 1940, whose shares are registered under the federal securities act of 1933, and whose only investments are in securities described in the preceding clause, (c) in any security which is a general obligation of the state of Minnesota or any of its municipalities, (d) in bankers acceptances of United States banks eligible for purchase by the Federal Reserve System, or (e) in commercial paper issued by United States corporations or their Canadian subsidiaries that is of the highest quality and matures in 270 days or less. The fund may also be used to purchase any obligation, whether general or special, of an issue which is payable from the fund, at such price, which may include a premium, as shall be agreed to by the holder, or may be used to redeem any obligation of such an issue prior to maturity in accordance with its terms. The securities representing any such invest- ment may be sold or hypothecated by the municipality at any time, but the money so received remains a part of the fund until used for the purpose for which the fund was created. MS 475.66 Subd. 4. Any obligation held in the debt service fund from which it is payable rray be cancelled at any time unless other-Hise provided in a resolution or other instrument securing obligations payable from the fund. Exhibit - 1, 3of4 MS 475.75 - all subdivisions: Reverse Repurchase Agreements Subd. 1: A reverse repurchase agreement may be entered into b a m y unici- pality, subject to the provisions of this section, only with a bank qualified as depository of funds of the municipality, or with any national or state bank in the United States which is a member f o the federal reserve system and whose combined capital and surplus equals or exceeds S10,000,000, em or with a reporting dealer to the federal reserve bank of New York. Subd. 2: Reverse repurchase agreements shall not be included in computing the net debt of a municipality, and may be,made without an election or pubiic sale, and the interest payable thereon shall not be subject to the limitation in section 475.55. The interest shall not be deducted or excluded from gross income of the recipient for the purpose of state intone, corporate franchise, or bank excise taxes or, if so provided by federal law, for the purpose of federal income tax. Subd. 3: Reverse repurchase agreements shall be made on behalf of the municipality only by its treasurer or other officer designated pursuant to law or charter as custodian of funds and securities held by it, or by a deputy of the officer, when authorized by a resolution of its governing body, and subject to any limitations imposed by the governing body. They may be made in writing or orally, provided that confirmation of . an oral agreement is made by the other party by wire or in writing trans- mitted or mailed within one business day thereafter. The agreement or confirmation shall state the sale date and price, the repurchase date and price, and the issuer, designation, principal amount, coupon interest rate, if any, maturity data, and redemption date, if any, of the security. Subd. 4: In the event of failure by a bank or dealer to redeliver a security under a reverse repurchase agreement upon tender of the repurchase price by the municipality at the repurchase date, the obligation of the municipality to repurchase shall cease, and the bank or dealer shall be liable to the municipality for any amount by which the market price of the security at that date exceeds the repurchase price. In the event of failure by a municipality to tender the repurchase price when due under an agreement, the obligation of the bank or dealer to redeliver shall cease, and the municipality shall be liable to the bank or dealer for any amount by which the repurchase price exceeds the market price of the security at the repurchase date. The market price of a security for the purpose of this subdivision shall be deemed to be the average of bid prices quoted, as of the pertinent date, by two or more banks or dealers referred to in subdivision 1, other than the urch p ds er. art Any amount for which either to A a reverse Y e erne repurchase agreement is liable under the provisions of this subdivision shall be recoverable by action, and may be offset against an existing or y, 9 subsequent liability owed to the defaulting g part other than a liability of a bank as trustee, custodian, paying agent, or other fiduciary. Any amount for which the municipality becomes liable shall be included in computing its net debt, whether or not it causes the net debt of the municipality to exceed any limit otherwise applicable. i Exhibit 1 4 of 4 Subd. 5: Reverse repurchase agreements entered into in accordance with the foregoing provisions shall be valid and binding, whether or not they conform to the following limitations. However, the execution of an agree—ment that does not conform constitutes misconduct on the part of the responsible officer, subject to a penalty as provided in section 609.43, if the term of the agreement exceeds: (a) A period of 30 consecutive days, including the sale date but not including the repurchase date; or (b) A period which, with the aggregate periods of all agreements made within the prViceding 12 months with respect to one security or two or more identical securities, exceeds 90 days, whether or not the period from the first sale to the last repurchase exceeds 12 months. EXHIBIT 2 MS 118 Subd. .005 and .01: Public funds depositaries and collatal- ization thereof.. 118.005 DESIGNATION, PROTECTION OF DEPOSIT. Subd. 1. The governing _body of every municipality, as defined in section 118.01, which has the power to receive and disburse funds, shall designate as a deaositary of the funds such national, insures state banks or thrift iristitut7ons as aerined in section o subdivision 2J, as it may demon orooer. Subd. 2. In the event the bank or insured thrift institution selected as a depository is a member of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, the custodian of the funds may decosit an amount not to exceed the maximum amount or insurance on the decoszts. In the event it is aesirea to aecosit a greater amount in any bank or thrift institution orior to the aeoosit, the governing bade or OTrlcer shall require the banK or thrZ rt institution to furnish a bona, executed b a corporate orate Y p surety company authorized to do business in the state in a sum at least equal to the estimated sum to be deposited in excess of the maximum amount of insurance. In lieu of the bond, the depository shall assign to the custodian of the funds collateral security in accordance with section 118.01. 118.01 DEPOSITORY BONDS. Any bank, trust company, or thrift institution authorized to do business in this state, designated as a depository of funds of a municipality, as provided by law may, in lieu of the cc rno rate or personal surety bond ra quired to be furnished to secure the funds decosit with th custodian of the funds, unds the bonds certificates of indebtedness or warrants, excect bonds secured by real estate, as are eQ_a v authorizes investments for savings banks under the laws or the state, or the bonds or any or the insular oossessions or the Unites States, or the bonds or any state, or i tS agency, the payment Of the orincloal and interest Of which or either, is orovided for otherwise than by direct taxation. or notes secured by first mcrtoates of future maturit uoon which interest is not oast due on improved real estate free from delinquent taxes within the countv wherein the decositor is located or within counties immediately adjoining the county in the state of 'Minnesota The total in amount of the collateral comeuted at its market value shall be at least ten ercent more than the limit of decosit which would be oe►- pitted it a corporate or oersonal surety bon d was furni h The depository m y at its discretion furnish both a bond and Collateral aggregating the required amount. Any collateral so deposited shall be accompanied by an assignment thereof to EXHIBIT 2 Page Two the municipality designating the depository, which assignment shall recite that the depository shall pay over to the treasurer or his order on demand or, if a time deposit, when due, free of exhange or any other charges, all moneys deposited therein at any time during the period the collateral shall be so deposited and to pay the interest thereon when due at the agreed rate; and that, in case of any.default upon the part of the depository, the governing body of the municipality making the designation shall have full power and authority to sell the collateral, or as much thereof as may be necessary to realize the full amount due the municipality and to pay-over any surplus to the depository or its assigns. A depository may in its discretion deposit collateral of a value less than the total designation and may from time to time, during the period of its designation, deposit additional collateral and make withdrawals of excess collateral or substitute other collateral for that on deposit or any part thereof. Authority is vested in the treasurer to return the collateral to the depository when the trust so created is terminated and he shall, in the case of a reduction of the deposit, permit the depository to withdraw the excess portion thereof. All interest on the collateral so deposited when collected shall be paid to the depository so long as it is not in default. Before any collateral is deposited with the treasurer it shall first be approved by the same authority that designated the depository, but no such authority shall be necessary for the withdrawal of collateral. The closing of .a depository shall be deemed a default upon the part of the depository and no demand upon the part of the municipality or its treasurer shall be necessary to establish the default. If a depository shall close, any time deposit placed therein shall immediately become due and payable. If both bond and collateral are furnished by a depository, all or any part of the collateral may be withdrawn without in any way impairing the full force and effect of the bond unless it shall contain a provision that the collateral shall not be withdrawn without the consent of the surety thereon. If a corporate surety bond is furnished by a depository, it shall be in a penal sum not to exceed the amount designated as the limit of deposit therein, nowithstanding any other provisions of law to the contrary. At no time shall the treasurer maintain a deposit in any depository against collateral in excess of 90 percent of the market value thereof. Any provision of law authorizing any municipality to designate banks ad depositories shall be construed to include trust companies and thrift institutions authorized to do business. All bonds furnished under the provisions of this section shall be approved by the governing bond of the municipality making the designation and filed in the office of the county auditor as provided by section 124.05, and all collateral deposited under the provisions of this section shall be approved by the governing body of the munici- pality making such designation and after such approval deposited with the treasurer of such municipality, unless the governing body of such municipility shall by resolution fix and determine some other place for the safe - keeping of such collateral. Such EXHIBIT 2 Page Three collateral shall not be redeposited in the bank, trust company or thrift institution furnishing the same. Any depository pledging such securities, at any time it deems it advisable or desirable, may substitute obligations of the United States of America for all or any part of the securities pledged, except that no such depository shall substitute obligations of the United States which mature within one year from the date such obligations are first considered as a part of the depository's reserve and which reserves are required by Minnesota Statutes 1967, Sections 48.22 or 51A.20. The collateral so substituted shall be approved by the governing body of the municipality making such designation at its next official meeting. Such securities so substituted shall, at the time of substitution, have a market value sufficient, together with the market value of the original securities for which no substitution is made, to equal or exceed $110 for every $100 of public deposits. In the event of substitution the holder or custodian of the securities shall, on the same day, forward by registered or certified mail to the public corporation and the depository, a receipt specifically describing and identifying both the securities SO substituted and those released and returned to the depository. "Municipality" for the purpose of this section means county,.city, town, school district, hospital district, public authority, public corporation, public commission, special district, policy or firefighter's relief association, any other statutory retirement association holding funds intended for retirement benefits for employees of a municipality, any other political subdivision, or agency of the state or of its subdivisions. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 10, 1990 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Lowell Ainas at 7:35 p.m. ROLL CALL Chairman Pro tem Lowell Ainas, Commissioners Ella Sander, Wallace Bernards, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Molly Malecki had called to say she would be unable to attend and was excused. APPROVAL OF MINUTES - APRIL 26 1990 Commissioner Bernards noted that a comment on page 11 of the April 26th minutes was attributed to him that he did not make. It was determined that Commissioner Holmes had made the statement and the correction was noted. Motion by Commissioner Bernards seconded by Commissioner Johnson to approve the minutes of the April 26, 1990 Planning Commission meeting as corrected. Voting in favor: Chairman Pro tem Ainas, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioner Sander. The motion passed. APPLICATION NO 90012 (Semper Holdings /Walgreens) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to demolish the existing Green Mill restaurant and build a new Walgreens drug store at 5540 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90012 attached). The Secretary also noted that the City Council held a first reading of an ordinance to amend the retail parking formula to 5.5 spaces per 1,000 sq. ft. of gross floor area. He stated that the second reading would be in June and that a parking surplus would result on the Walgreens site if the ordinance is adopted. The Planner noted regarding Condition No. 12 that only two handicapped spaces are required for the 99 parking spaces provided on the principal site and the off -site lot. He also noted that there would be no problem in correcting the plans regarding handicapped parking. He also pointed out that the site where the Walgreens store would be located would be viable on its own with respect to parking if the proposed retail parking formula amendment is passed by the City Council. The Secretary recommended that Condition No. 12 be eliminated because of the fact that a third handicapped stall is not required. 5 -10 -90 1 r Commissioner Sander asked about the off -site lot landscaping. The Secretary stated that staff were not recommending providing underground irrigation to that site because a water line would have to be placed under the private road to service the site. He also stated that he had no knowledge of any maintenance problems on the off -site lot. Chairman Pro tem Ainas asked the applicant whether he had anything to add. Mr. Ron Erickson of KKE Architects, stated that they had no problems with the conditions of approval as recommended by staff, but would want to work with the staff on the fire hydrant question. Chairman Pro tem Ainas responded that the condition leaves it up to the Fire Chief to make a determination. Mr. Erickson stated he had no problem with that language. Commissioner Bernards noted that the main entrance to the store would be at the northwest corner of the building. He stated that this would be a cold area in the winter for the entrance. Mr. Erickson responded that the main reason for putting the entrance there was because of its exposure to the intersection of 56th Avenue North and Brooklyn Boulevard. Commissioner Sander asked whether the store would be open 24 hours. Mr. Howard Bergerud of Semper Holdings stated that the store would be open from approximately 8:00 a.m. in the morning until 10:00 p.m. at night. Chairman Pro tem Ainas concluded that the hours would be about the same as Brookdale. Mr. Bergerud responded in the affirmative. Commissioner Holmes asked who owned the private road to the east of the principal site. The Secretary responded that the roadway is not a public street under the jurisdiction of the City. He stated that it was established many years ago when Brookdale was built. He added that there are agreements between the property owners that abut the roadway to maintain this private road, that they plow the roadway and maintain it. He also noted that there are minimal setbacks from the private road and that it would be impossible to meet the requirements for a setback from a public street. Commissioner Holmes also noted that the site was owned by the Minneapolis Teachers Association. Mr. Bergerud explained that the Minneapolis Teachers Association owned the building and leased it to Green Mill in the past. He stated that in the future, he would own the building and that Walgreens would lease the building from him. The Secretary added that the City has no interest in acquiring the private roadway as a public street. He noted that there has been a request in the past for the City to take the private road, but that it does not meet standards for a public street and, therefore, the City will not accept it as right -of -way. 5 -10 -90 2 { ACTION RECOMMENDING APPROVAL OF APPLICATION NO 90012 (Semper Holdings walgreens) Motion by Commissioner Sander seconded by Commissioner Mann to recommend approval of Application No. 90012, 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 City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet 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 on the principal site to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. 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 service lines, 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. Fire hydrants shall be installed and fire lanes designated in accordance with the recommendations of the Fire Chief. • 5 -10 -90 3 4 Voting in favor: Chairman Pro tem Ainas, Commissioners Sander, Bernards, Johnson and Mann. Voting against: Commissioner Holmes. . The motion passed. Commissioner Bernards asked when the new store was likely to be built. Mr. Bergerud answered that they hoped to start demolition two to three weeks after the City Council's approval. Commissioner Holmes asked what was the problem with restaurants, that they cannot seem to make it in that building. The Secretary responded that he was not sure that the Green Mill had financial problems. He stated that Green Mill was going to sell the franchise to the employees, but that apparently the employees could not come up with the money. There followed further brief discussion regarding the Walgreens development. APPLICATION NO 90013 (Peter Houser) Chairman Pro tern Ainas introduced the next item of business and noted that the applicant had requested tabling until a new drawing could be submitted. The Secretary stated that he did not think it was necessary to read through the report in light of the fact that much of the information is now obsolete and in light of the fact that the applicant is not present. PUBLIC HEARING (Application No 90013) Chairman Pro tem Ainas then opened the meeting for a public hearing on Application No. 90013 and noted that there was no one present to speak regarding the application. He called for a motion to table the application and continue the public hearing to a future meeting. ACTION TABLING APPLICATION NO 90013 (Peter Houser) AND CONTINUING THE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Sander to table Application No. 90013 and continue the public hearing at the applicant's request. Commissioner Johnson asked why it was necessary to continue the public hearing. Chairman Pro tem Ainas stated that it was a matter of courtesy to anyone who might want to comment on the proposed R.L.S. when it is revised. The Secretary pointed out that there would be a change in the preliminary R.L.S. and that it was appropriate to allow for comment on that revised plan rather than close the hearing-now when the plan is basically obsolete. There followed a brief discussion regarding the public hearing. Voting in favor of the motion to table Application No. 90013 and continue the public hearing: Chairman Pro tem Ainas, Commissioners Sander, Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. 5 -10 -90 4 The Secretary explained a little bit of the background of the application which had just been tabled. He explained that Carson's was willing to sell any amount of land to Midas Muffler for the same price. It, therefore, seemed logical to Mr. Houser to buy as much land for the same price as possible. He pointed out, however, that no additional development rights would accrue with the additional land since all parking at Brookdale is used jointly and the development rights of the entire complex are considered at the same time. He also added that Midas would have to pay taxes on the additional land and would not be able to build any additional building to help defray the cost of those taxes. He stated that, given these realities, Mr. Houser decided to redraw the property line so that he did not have excess parking. There followed a brief discussion of the Walgreens development and of the changes to the retail parking formula. The Secretary also reviewed the action taken by the City Council on the Brooklyn United Methodist Church application which had been before the Commission on April 26. Commissioner Sander asked about the ordinance regarding parking on the grass and the per cent of yard that can be paved. The Secretary responded that that ordinance was passed recently by the City Council. Commissioner Sander and the Secretary then reviewed a problem situation on 70th Avenue North and how the ordinance would affect that situation. Commissioner Bernards left at 8:28 p.m. There followed further discussion on the vehicle parking ordinance. ADJOURNMENT Motion by Commissioner Sander seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pro tem Ainas, Commissioners Sander, Johnson, Mann and Holmes. Voting against: none. The motion passed. The Planning Commission adjourned at 8:32 p.m. Chairman Pro tem 5 -10 -g0 5 Planning Commission Information Sheet Application No. 90012 Applicant: Semper Holdings ( Walgreen's) Location: 5540 Brooklyn Boulevard Request: Site and Building Plan The applicant requests site and building plan approval to construct a 10,600 sq. ft. Walgreen's drug store with a 3,000 sq. ft. basement on the site of the old Green Mill restaurant at 5540 Brooklyn Boulevard. The existing restaurant building would be removed and a new building built in approximately the same location on the site. The property in question is zoned C2 and is bounded on the north by 56th Avenue North, on the east by a private road which serves all the other businesses on this block, on the south by Taco Bell, and on the west by Brooklyn Boulevard. A drug store is a permitted use in the C2 zoning district. Access /Parking Access to the site is to be gained from two driveway openings onto the private road along the east side of the site in approximately the same location as at present. No access will be allowed off either 56th Avenue North or off Brooklyn Boulevard. The parking requirement for the building is 88 spaces for the retail area and 4 spaces for the basement area for a total of 92 spaces. The plan provides for 64 spaces on the principal site and 35 spaces on an- off site parking lot east of the private road for a total of 99 spaces. This off -site lot has in the past and is still today encumbered to provide parking solely for the principal site at 5540 Brooklyn Boulevard. It is not an independent site. The plan shows three handicapped stalls near the northwest corner of the building as required by code. The stalls should each be 12' wide. The plan shows 8' stalls with two 4' walks between them This does not meet code and should be revised. Landscaping The landscape plan documents existing plantings and proposes a number of new ones. Six existing Ash trees to remain, though two will be located toward the southwesterly portion of the site and one to a delineator at the south end of the row of parking immediately west of the building. The plan proposes three Spring Snow Crabs east of the building and three more south of the building. Three Sparkler Crabapple are proposed in the greenstrip adjacent to Brooklyn Boulevard. The plan proposes 9 Techney Arborvitae in the green area adjacent to the private roadway to provide screening of the loading area. This green area is fairly narrow and the landscape architect believes that Spruce trees would be affected by salt as they grow to maturity. The Techney Arborvitae are expected to grow to a height of 15 to 20 feet. At maturity, they should provide some screening of the loading area. Walgreens anticipates having only one truck per week for less than i an hour. In addition to the plantings indicated above, the plans `� 5 -10 -90 -1- Application No. 90012 continued propose 27 Compact American Cranberry shrubs in four clusters in the major greenstrips adjacent to 56th Avenue North and Brooklyn Boulevard. The plan also indicates three Colorado Green Spruce in the northerly greenstrip and two Skyline Locust in the southerly greenstrip adjacent to Taco Bell. No landscape additions or revisions are proposed for the off -site lot. Underground irrigation is to provided at the principal site, but not on the off -site lot. We have tentatively excused them from this requirement on the off -site lot because of physical difficulties and because no improvements are proposed on that lot at this time. Total landscape points required for the two parcels is 114 points. Total points of all plantings, existing and proposed, comes to 191.5. Grading, Drainage Utilities The grading plan proposes to continue essentially the same grades in the parking lot as at present. For the most part, the lot will drain toward the private road. One catch basin is indicated west of the building to collect runoff from that portion of the parking lot and will be connected to a public storm sewer line in Brooklyn Boulevard. The plan also proposes an undulating berm of approximately 2' in the greenstrip adjacent to Brooklyn Boulevard. The berm and plantings are to provide screening of the parking lot. The plan shows an existing 4 fire line and 2 domestic water line to the restaurant. No changes have been proposed at this point. The fire chief has requested a fire hydrant at the northeast corner of the property, near the intersection of 56th Avenue North and the private road. A condition requiring such a hydrant is recommended. Building The proposed exterior of the building is brick throughout with a small stucco band over the entrance area on the north and west elevations. The entrance to the building is at the northwest corner. Windows are indicated along the north side and a few on the west side in a narrow band. The plans have noted screening of rooftop mechanical equipment. LiahtinaJTrash Lighting will be basically unchanged. The plans indicate 13 existing light poles, in perimeter green areas, two of which are to be relocated east of the building. The plans indicate that light intensity will not exceed .5 foot candles at the property line. A brick screened trash enclosure is proposed immediately south of the building. Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 5 -10 -90 -2- Application No. 90012 continued 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 City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet 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 on the principal site to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. 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 service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage e S st g Systems, prior to the issuance of permits. 11. Fire hydrants shall be installed and fire lanes designated in accordance with the recommendations of the Fire Chief. 12. The plans shall be revised prior to the issuance of permits to indicate: a) Three 12' wide handicapped stalls near the main entrance to the building. 5 -10 -90 -3- CITY OF BROOKLYN CENTER Council Meeting Date 5/2 11 /90 Agenda Item Number O Q� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 90012 (Semper Holdings /Walgreens) DEPARTMENT VAL: Signature - title Director of Planning an Inspects MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x Planning Commission Application No. 90012 is a request for site and building plan approval to construct a 10,600 sq. ft. Walgreens drug • store with a 3,000 sq. ft. basement on the site of the old Green Mill restaurant at 5540 Brooklyn Boulevard. The existing restaurant building would be removed and a new building built in approximately the same location on the site. This application was considered by the Planning Commission at its May 10, 1990 regular meeting. Minutes, information sheet, map of the area and site drawings are attached. Recommendation The Planning Commission recommended approval of the application subject to the 11 conditions listed on page 3 of the May 10, 1990 Planning Commission minutes. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 10, 1990 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Lowell Ainas at 7:35 p.m. ROLL CALL Chairman Pro tem Lowell Ainas, Commissioners Ella Sander, Wallace Bernards, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Molly Malecki had called to say she would be unable to attend and was excused. APPROVAL OF MINUTES - APRIL 26 1990 Commissioner Bernards noted that a comment on page 11 of the April 26th minutes was attributed to him that he did not make. It was determined that Commissioner Holmes had made the statement and the correction was noted. Motion by Commissioner Bernards seconded by Commissioner Johnson to approve the minutes of the April 26, 1990 Planning Commission meeting as corrected. Voting in - favor: Chairman Pro tem Ainas, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioner Sander. The motion passed. APPLICATION NO 90012 (Semper Holdings /Walgreens) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to demolish the existing Green Mill restaurant and build a new Walgreens drug store at 5540 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90012 attached). The Secretary also noted that the City Council held a first reading of an ordinance to amend the retail parking formula to 5.5 spaces per 1,000 sq. ft. of gross floor area. He stated that the second reading would be in June and that a parking surplus would result on the Walgreens site if the ordinance is adopted. The Planner noted regarding Condition No. 12 that only two handicapped spaces are required for the 99 parking spaces provided on the principal site and the off -site lot. He also noted that there would be no problem in correcting the plans regarding handicapped parking. He also pointed out that the site where the Walgreens store would be located would be viable on its own with respect to parking if the proposed retail parking formula amendment is passed by the City Council. The Secretary recommended that Condition No. 12 be eliminated because of the fact that a third handicapped stall is not required. 5 -10 -90 1 Commissioner Sander asked about the off -site lot landscaping. The Secretary stated that staff were not recommending providing underground irrigation to that site because a water line would have to be placed under the private road to service the site. He also stated that he had no knowledge of any maintenance problems on the off -site lot. Chairman Pro tem Ainas asked the applicant whether he had anything to add. Mr. Ron Erickson of KKE Architects, stated that they had no problems with the conditions of approval - as recommended by staff, but would want to work with the staff on the fire hydrant question. Chairman Pro tem Ainas responded that the condition leaves it up to the Fire Chief to make a determination. Mr. Erickson stated he had no problem with that language. Commissioner Bernards noted that the main entrance to the store would be at the northwest corner of the building. He stated that this would be a cold area in the winter for the entrance. Mr. Erickson responded that the main reason for putting the entrance there was because of its exposure to the intersection of 56th Avenue North and Brooklyn Boulevard. Commissioner Sander asked whether the store would be open 24 hours. Mr. Howard Bergerud of Semper Holdings stated that the store would be open from approximately 8:00 a.m. in the morning until 10:00 p.m. at night. Chairman Pro tem Ainas concluded that the hours would be about the same as Brookdale. Mr. Bergerud responded in the affirmative. Commissioner Holmes asked who owned the private road to the east of the principal site. The Secretary responded that the roadway is not a public street under the jurisdiction of the City. He stated that it was established many years ago when Brookdale was built. He added that there are agreements between the property owners that abut the roadway to maintain this private road, that they plow the roadway and maintain it. He also noted that there are minimal setbacks from the private road and that it would be impossible to meet the requirements for a setback from a public street. Commissioner Holmes also noted that the site was owned by the Minneapolis Teachers Association. Mr. Bergerud explained that the Minneapolis Teachers Association owned the building and leased it to Green Mill in the past. He stated that in the future, he would own the building and that Walgreens would lease the building from him. The Secretary added that the City has no interest in acquiring the private roadway as a public street. He noted that there has been a request in the past for the City to take the private road, but that it does not meet standards for a public street and, therefore, the City will not accept it as right -of -way. 5 -10 -90 2 ACTION RECOMMENDING APPROVAL OF APPLICATION NO 90012 (Semper Holdings /Walgreens) Motion by Commissioner Sander seconded by Commissioner Mann to recommend approval of Application No. 90012, 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 City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet 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 on the principal site to facilitate site maintenance. I 7. Plan approval is exclusive of all si ner which is g Y subject to Chapter 34 of the City Ordinances. 8. 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 service lines, 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. Fire hydrants shall be installed and fire lanes designated in accordance with the recommendations of the Fire Chief. 5 -10 -90 3 Voting in favor: Chairman Pro tem Ainas, Commissioners Sander, Bernards, Johnson and Mann. Voting against: Commissioner Holmes. The motion passed. Commissioner Bernards asked when the new store was likely to be built. Mr. Bergerud answered that they hoped to start demolition two to three weeks after the City Council's approval. Commissioner Holmes asked what was the problem with restaurants, that they cannot seem to make it in that building. The Secretary responded that he was not sure that the Green Mill had financial problems. He stated that Green Mill was going to sell the franchise to the employees, but that apparently the employees could not come up with the money. There followed further brief Ifdiscussion regarding the Walgreens development. APPLICATION NO 90013 (Peter Houser) Chairman Pro tem Ainas introduced the next item of business and noted that the applicant had requested tabling until a new drawing could be submitted. The Secretary stated that he did not think it was necessary to read through the report in light of the fact that much of the information is now obsolete and in light of the fact that the applicant is not present. PUBLIC HEARING (Application No 90013) Chairman Pro tem Ainas then opened the meeting for a public hearing on Application No. 90013 and noted that there was no one present to speak regarding the application. He called for a motion to table the application and continue the public hearing to a future meeting. ACTION TABLING APPLICATION NO 90013 (Peter Houser) AND CONTINUING THE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Sander to table Application No. 90013 and continue the public hearing at the applicant's request. Commissioner Johnson asked why it was necessary to continue the public hearing. Chairman Pro tem Ainas stated that it was a matter of courtesy to anyone who might want to comment on the proposed R.L.S. when it is revised. The Secretary pointed out that there would be a change in the preliminary R.L.S. and that it was appropriate to allow for comment on that revised plan rather than close the hearing now when the plan is basically obsolete. There followed a brief discussion regarding the public hearing. Voting in favor of the motion to table Application No. 90013 and continue the public hearing: Chairman Pro tem Ainas, Commissioners Sander, Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. 5 -10 -90 4 Planning Commission Information Sheet Application No. 90012 Applicant: Semper Holdings ( Walgreen's) Location: 5540 Brooklyn Boulevard Request: Site and Building Plan The applicant requests site and building plan approval to construct a 10,600 sq. ft. Walgreen's drug store with a 3,000 sq. ft. basement on the site of the old Green Mill restaurant at 5540 Brooklyn Boulevard. The existing restaurant building would be removed and a new building built in approximately the same location on the site. The property in question is zoned C2 and is bounded on the north by 56th Avenue North, on the east by a private road which serves all the other businesses on this block, on the south by Taco Bell, and on the west by Brooklyn Boulevard. A drug store is a permitted use in the C2 zoning district. Access /Parking Access to the site is to be gained from two driveway openings onto the private road along the east side of the site in approximately the same location as at present. No access will be allowed off either 56th Avenue North or off Brooklyn Boulevard. The parking requirement for the building is 88 spaces for the retail area and 4 spaces for the basement area for a total of 92 spaces. The plan provides for 64 spaces on the principal site and 35 spaces'on an- off site parking lot east of the private road for a total of 99 spaces. This off -site lot has in the past and is still today encumbered to provide parking solely for the principal site at 5540 Brooklyn Boulevard. It is not an independent site. The plan shows three handicapped stalls near the northwest corner of the building as required by code. The stalls should each be 12' wide. The plan shows 8' stalls with two 4' walks between them. This does not meet code and should be revised. Landscaping The landscape plan documents existing plantings and proposes a number of new ones. Six existing Ash trees to remain, though two will be located toward the southwesterly portion of the site and one to a delineator at the south end of the row of parking immediately west of the building. The plan proposes three Spring Snow Crabs east of the building and three more south of the building. Three Sparkler Crabapple are proposed in the greenstrip adjacent to Brooklyn Boulevard. The plan proposes 9 Techney Arborvitae in the green area adjacent to the private roadway to provide screening of the loading area. This green area is fairly narrow and the landscape architect believes that Spruce trees would be affected by salt as they grow to maturity. The Techney Arborvitae are expected to grow to a height of 15 to 20 feet. At maturity, they should provide some screening of the loading area. Walgreens anticipates having only one truck per week for less than an hour. In addition to the plantings indicated above, the plans 5 -10 -90 -1- Application No. 90012 continued propose 27 Compact American Cranberry shrubs in four clusters in the major greenstrips adjacent to 56th Avenue North and Brooklyn Boulevard. The plan also indicates three Colorado Green Spruce in the northerly greenstrip and two Skyline Locust in the southerly greenstrip adjacent to Taco Bell. No landscape additions or revisions are ro osed for the off-site site P P lot. Underground irrigation is to provided at the principal site, but not on the off -site lot. We have tentatively excused them from this requirement on the off -site lot because of physical difficulties and because no improvements are proposed on that lot at this time. Total landscape points required for the two parcels is 114 points. Total points of all plantings, existing and proposed, comes to 191.5. Grading, Drainage Utilities The grading plan proposes to continue essentially the same grades in the parking lot as at present. For the most part, the lot will drain toward the private road. One catch basin is indicated west of the building to collect runoff from that portion of the parking lot and will be connected to a ublic storm s p rm ewer line in Brooklyn Boulevard. The plan also p proposes an undulating berm of approximately 2' in the greenstrip adjacent to Brooklyn Boulevard. The berm and plantings are to provide screening of the parking lot. The plan shows an existing 4 fire line and 2 domestic water line to the restaurant. No changes have been proposed at this point. The fire chief has requested a fire hydrant at the northeast corner of the property, near the intersection of 56th Avenue North and the private road. A condition requiring such a hydrant is recommended. Building The proposed exterior of the building is brick throughout with a small stucco band over the entrance area on the north and west elevations. The entrance to the building is at the northwest corner. Windows are indicated alon g the north side and a few on the west side in a narrow band. The plans have noted screening of rooftop mechanical equipment. Lighting /Trash Lighting will be basically unchanged. The plans indicate 13 existing light poles, in perimeter green areas, two of which are to be relocated east of the building. The plans indicate that light intensity will not exceed .5 foot candles at the property line. A brick screened trash enclosure is proposed immediately south of the building. Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: - 5 1 - 0 90 -2- 2 Application No. 90012 continued 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 City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet 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 on the principal site to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. 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 service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. Fire hydrants shall be installed and fire lanes designated in accordance with the recommendations of the Fire Chief. 12. The plans shall be revised prior to the issuance of permits to indicate: a) Three 12' wide handicapped stalls near the main entrance to the building. 5 -10 -90 -3- N ff ' 1 � uu gnu /1u f f ��'r� �...�+.. '� M . m� i $ I� a • MM OMM SUM M W mum mom am= Mi dp am wMww- IM p OR NORTHPORT ��� ■ Rte! � �..'�� '� �u� � , s ��. ■cam �► ,e' � �"'�'� ��, mu ����' �. ruu �� 1 . , goo III" i •. � Imo. �� .� f KKE K—on.k 7 Kr= ,k Erick— Architects. Inc. 56th AVE. SO• MO —I- --N h NnrrapolN. NN 11101 __ h1tr 1.2 9. PROPOSED WALGREENS BROOKLYN CENTER, MN 1 / N N / fXt5T11G FOIE TO BE HIIXAT[O 1 L C E o PROPOSED -, BUILDING O ! m 1 M, (0) 82 rElElvl «I l� TYPE I e7 � e O r _ 1 I «r Or eAV�ni «r lnno s1 < - — 11 SLATES FOR 1st 1000 S.F. 8 STALLS FOR EACH ADDITIONAL 1000 S,F. �Y� 1 J is• rXnTB.c n %E ro•E 111-111D 9.6 % 8 EQUALS 77 STALLS Q ; # 1 STORAGE: 3000 -' 800' 4 STALLS 1 PARKING REQUIRED!. 92 ,STALLS SITE PLAN PARKING PROVIDED 99 STALLS oxu IK. XIS r— 1 .113 r uae A «o <:uT nlf _.___�..... . 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AT Ifyrtom M(= P a IppY (W A) AIL 1aEHfiM .—o,rIserEwaR�o = >,.a PROPOSED 1 ' p1tbR v pull Vl.. pE.etlibN. " WALGREENS / BROOKLYN CENTER, MN I �i /, 1.CU r•�N'1 f>• w ^,. '° In,�ml.m . I°f n�.y c PROPOSED ,,..... ,...f ^,... ,.., A i O . _ - -- - " 1 a LANDSCAPE m 'a` � �� ��,...,..,. , .,.. PLAN D, �/ N .�_ D R SRISWOLD - �, PLANTING DETAIL ,.��;!, � — sw l��, x Assoc - urr: F'IANNINC CON SULTAY75 C ! .... , ..o....... f..�. ,..,...... 1 1 � —^'" . r w roq A• 'L i P I n..a � nr .r u.,..ao+r '� w ......, 1 / _• GAMI= • s' {.IYM= �'—^�' �— / b 0.r wwrm Ovye• J LOCATION MAP _ t �. Ilyw IRlI IY..lnRWI t.0 A•w u u J �CE .one o l o . lo o ' o - i c aq p _�.. � -._ SHRUB .. .� ......� «.�.'.. .. uD __— T KKE AKAltecb. isc. . 561{ 4 AVE 'S0 - -- wa�+�� — sl L f f.-f l00 ��fyu��3 � 7NC ff�.916) PAVIAI(f 6ELTI0f1 ,, n � � .e._.._s....,_..... PROPOSED WALGREENS BROOfQ -YN CF7`I}M MWNFSO - fA ND BUILDiNG ' ' 1 I GRADWG, DRAINAGE �uED RO[Tt ElE\KtK11 �'fl T 1 !� - -- - .. - .............:..._ AND lJi,l.fl"1, TI.AN 1 D I i1 x r fin' e �jJl . v � � ,- ________, - ---,- = • . _ � I ):� �..r. . LLJ C 1 HOTI: ALL ROOF MICH. [QUIP. TO t! SCRtl HED. "' I .cco / R.R ME RHQ eRRx sic HACI ARIA j , 1 � d ----u o to R• ��.�� iR>Cmt PROPOSED WALGREENS ELEVATIONS _ BROOKLYN CENTER, MN KKE e• a r ia• co... Ho. 56th AVE, 50. KKE Kom.mky Kr=k Erickson Architccts, Inc. / ` mrap�ln VV 44Wi {M1% 12 '26 PROPOSED - r WALGREENS BROOKLYN CENTER, MN CO O / -- - -- - Z _ - -` REOEI IN _ J r I - - -- ►RA RM AC T ~ I I .IU 0 .,— I W M R% WAITING- 'EMPLOYE STORAGE ~.`._ FLOOR PLAN 11— TRASH I / np�n M av�a A ^v v v�aa n dva • O.w name Nava ti Slr� a �et,yX___ FLOOR PLAN WE IN1UioF fP1TT77c'x i(C wN.57 - Tv to — NORTH 0 10 20 .0 torn 4n o 1 lolo -o I ava 0.0 56TH. AVE. NO. SURVEY FOR: -- L ' 1•CI,7p L•122 °3 -:� MINNEAPOLIS TEACHERS RETIREMENT ASSOC. 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W x LOT SURVEYS COMPANY INC. — cr S6s• sZ 7'E - -- W LAND SURVEYORS `, __ -. x CITY OF BROOKLYN CENTER Council Meeting Date 5 -21 -9 0 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MUNICIPAL STATE AID STREET PROJECT FUNDING UPDATE AND BONDING PROPOSAL *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: Z-4,W V17 No comments to supplement this report Comments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached HISTORY: • The City Council asked that prior to final approval of bids for the Freeway Boulevard /Humboldt Avenue MSA project and the West River Road MSA project, that the staff update the preliminary MSA funding reports and make a final funding report and recommendation. The City Council also requested staff present a report on the feasibility and possible methods of purchasing property adjacent to the south side of 69th Avenue between Mound Cemetery and North Star Dodge property on 69th Avenue. Staff has reviewed the revenue projections in our MSA funds, and attached is a report indicating two alternate plans for financing upcoming projects. One involves selling MSA bonds; the second involves using only the existing and projected receipts from regular MSA sources. Attached is a table detailing the estimated MSA funds balance as of 12/31/92 should the West River Road project, the Freeway Boulevard /Humboldt Avenue project, and the 69th Avenue project be ordered and completed. The bonding alternative would leave an estimated balance of approximately $4.5 million in MSA funds for use on future projects, while the no bonding alternative would leave an estimated balance of approximately $2 million. Attached you will also find a copy of a map indicating by color coding the project status and recommendations on priorities on Brooklyn Center's MSA street system. Staff will make a detailed oral presentation on these priorities at your meeting. Given our review of currently proposed projects and projected projects and their timing, we recommend the City Council proceed with the bonding alternate. We believe the following advantages exist for selling MSA bonds within the next approximate 18 months based on bond market timing. First, if we sell bonds, Brooklyn Center's annual MSA allotment will increase by approximately $41 per $1,000 of unretired MSA bonds. The bond alternative will also allow us to maintain an • approximate $4.5 million available for future MSA projects. (This would allow Council greater flexibility in addressing any needs the MSA system may have in the next five years.) The bonding alternative also allows the City to continue earning interest on the balances of the restricted and expendable MSA accounts. (These two accounts have traditionally been used to fund projects on our sidewalk and bikeway system.) The only disadvantage we can see to the bonding alternative is that • it will reduce in the future the maintenance aid allotment which would be available to the City to fund its street maintenance programs. (Currently, the City receives approximately $30,000 annually and under the bonding proposal this amount would not be reduced but it would not have the potential for increasing.) It is your staff's recommendation that the Council pass a motion approving the MSA bonding alternative and directing the staff to bring to the Council MSA bond sale proposal within the next 18 months based on bond market timing. We will also be discussing with the City Council on Monday evening anticipated and unanticipated cost overrun potential on the 69th Avenue project and cost savings on the Freeway Boulevard /Humboldt Avenue project and the West River Road project (see attached 5/17/90 memorandum from Sy Knapp). We are also attaching information on the costs of various proposals for acquiring properties adjacent to the south side of 69th Avenue. We will be prepared at the Council meeting to discuss these various alternatives (see attached estimates of costs). 5/17/90 MSA FUNDS PROJECTION WITHOUT BONDING TOTAL MSA FUNDS AVAILABLE 12/31/92 $8,780,000 - Regular MSA $4.06M - Restricted MSA $1.26M - Expendable MSA $3.46M TOTAL CURRENT PROJECTS AS OF 5/21/90 - $6,776,000 - West River Road $0.715M - Freeway Blvd. /Humboldt $0.547M - 69th Avenue North $5.514M REMAINING ESTIMATED MSA FUNDS BALANCE 12/31/92 $2,004,000 MSA FUNDS PROJECTION WITH BONDING TOTAL MSA FUNDS AVAILABLE 12/31/92 $8,780,000 TOTAL CURRENT PROJECTS AS OF 5/21/90 - $6,776,000 RECOMMENDED MSA BONDS (APPROXIMATELY) + $2,500,000 REMAINING ESTIMATED MSA FUND BALANCE 12/31/92 $4,504,000 w W A 0 U) ui .... ... :: CL t — AT101HI - I I 0 0 0 d3NjV lim" Tmr f W LO 0 (n cn -A x E- r o- LU a CN ' R R AW > • I OP f�q 00 -j CD Z 0 z 0 1 gn w cc z m --- C�_�_"�1(!'mm °JI � __9G 1 ' � l �•- -� ::�� ( .. )r ,��. — _ _ I. curt, � � a� R �. � o � � ~ 00 z 0) W w tines, K'P� cl-VI e. — rr. I 'If -in T _ 1 pv- la L-JC C) = -JL Ir —IL2! 1 < w w Z.— � E—J) I 'via; IN, ui > ei C/) I MUD In IL .7 rmmn • 111 ... IT' F I CD < w ✓ D- w - P U) z 0, NIP 0 r F 0 O IVISAtf:) aD 1v - , , I I Pr I f I T rta A A May 18, 1990 TO: G. S. Splinter, City Manager FROM: Sy Knapp, Director of Public Works RE: . 69th Avenue Project Cost Update and Update of other State Aid Project Costs Following is an update of estimated costs and cost distribution for the 69th Avenue project, based on (1) an updated estimate of the cost for right -of -way acquisition, (2) an adjustment of estimated special assessments and (3) a corrected estimate of the segment of the project west of Brooklyn Boulevard. Also included is an update of West River Road and Freeway Boulevard project costs as bid. 69TH AVENUE PROJECT Cost Summary Original Current Item Cost Estimate Cost Estimate Right -of -Way and Acquisition $ 2,400,000 $ 2,750,000 Costs Construction 2,300,000 2,300,000 Engineering, Legal and 460,000 460,000 Administrative Costs Contingency 414.000 414,000 $ 5,574,000 $ 5,924,000 Revenue Summary Special Assessments $ 240,000 $ 160,000 Hennepin County participation 750,000 250,000 Municipal State Aid Street Fund 4.584.000 5.514,000 $ 5,574,000 $ 5,924,000 WEST RIVER ROAD Cost Summary Estimated Cost As Bid Project Cost $1,702,334 $1,552,837 FREEWAY BOULEVARD Cost Summary Road Construction $1,228,720 $ 940,004 Signals 269,100 216,628 TOTAL $1,497,820 $1,156,632 Sy Knapp -y� 69th Expanded Options South Side -- Cemetary to France PID # Present Present 1990 Reloc. Total Address /Name Zoning Use Value Costs Costs 34 -12 -0028 R -1 Res /HS $75,800 $20,000 $95,800 6842 Drew James Welton 34 -12 -0041 R -1 Res /HS $72,100 $20,000 $92,100 3701 69th Joanne Werner 34 -12 -0040 R -1 Res /HS $78,400 $20,000 $98,400 3707 69th Geraldine Olson 34 -12 -0039 R -1 Res /HS $75,100 $20,000 $95,100 3715 69th Gary Olson 34 -12 -0038 R -1 Res /HS $71,800 $20,000 $91,800 6836 Ewing Gordon Sandahl 34 -12 -0060 R -1 Res /HS $75,200 $20,000 $95,200 3801 69th Dennis Tollefson 34 -12 -0061 R -1 Res /HS $71,000 $20,000 $91,000 3815 69th Robert Folstad 34 -12 -0001 R -1 Res /NHS $67,000 $20,000 $87,000 3827 69th Nell Davis OPTION TOTAL S $586,400 $160,000 $746,400 I / Lij ::'Al YER LLJ � I Lr �E V� o P4 K a URBAN D `A z I 69TH AVE N 3ga ��►S�, 3go1 �, ,cg�,�� 3�� _ � 3 ;�7 3�0► f,K�f z 69th Expanded Options South Side -- France to Brooklyn Blvd. PID # Present Present 1990 Reloc. Total Address/Name Zoning Use Value Costs Costs 34 -21 -0007 R -3 Res /NHS $47,200 $20,000 $67,200 3955 69th Richard Dawson 34 -21 -0004 R -3 Res /HS $60,400 $20,000 $80,400 4001 69th David Joelson 34 -21 -0029 R -3 Res /HS $66,400 $20,000 $86,400 4007 69th Truman Hanson 34 -21 -0006 R -3 Res /HS $52,800 $20,000 $72,800 4011 69th Hazel Dawson 34 -21 -0005 R -3 Res /HS $83,500 $20,000 $103,500 4101 69th Gumpert Gruenke OPTION TOTALS $310,300 $100,000 $410,300 69TH AVE N (H. C. S. A. -1. NC. "3" . PLP.T27) .BOG! o B 7 o z I T 69th Expanded Options RedevelopmenilResale Potential South Side -- Cemetary to France No likely potential, greenspace only. North Side -- Indiana to France No likely potential, greenspace only. South Side -- France to Brooklyn Blvd. Potential for R -3 and C -2 uses. R -3 Area C -2 Area 3955 69th 38,400 0 400169th 19,200 0 4007 69th 19,294 0 4011 69th 10,500 27,900 Note: Assumes rezoning 4101 69th 0 38,500 See following map 87,394 66,400 @ $1.00 /sf @ $5.00 /sf $87,394 $332,000 TOTAL REDEVELOPMENT /RESALE POTENTIAL = $419,394 s ay, $400,00 I 69TH AVE N (H. C. S. A.. i. '3' . PLAT27) 4 ► i , o tjlool 3q� 0 0 =; I i T CITY OF BROOKLYN CENTER Council Meeting Date 5/21/90 Agenda Item Number � �- REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION - RE: COST PARTICIPATION FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18 DEPT. APPROVAL: SY KNAPP, DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: l -e ,4 ya - y� R„ ° No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Attached hereto is a copy of a Cooperative Agreement between the Minnesota Department of Transportation and the City of Brooklyn Center, as prepared by MNDOT at the City's request. The proposed agreement provides for MNDOT- participation in the costs of the City's proposed reconstruction project on West River Road. As written the agreement provides for MNDOT participation of $652,155.44 plus a $55,000 contingency. Based on our current estimate of quantities and using the unit prices from the City's low bidder, MNDOT's participation is estimated at $664,186. In addition, MNDOT's $25,000 participation in the design engineering costs (provided in a separate agreement with MNDOT) results in total MNDOT participation of $689,186 plus a $55,000 contingency. This compares to our original estimate of $500,005 MNDOT participation. In addition, the proposed agreement provides that, upon completion of this improvement, MNDOT will turn the ownership and jurisdiction of West River Road over to the City of Brooklyn Center. We recommend approval of the agreement. City Council Action Required A resolution is provided for consideration by the Council. • 9a z Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION - RE: COST PARTICIPATION FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City of Brooklyn Center enter into Agreement No. 67028 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: to provide for payment by the State to the City of the State's share of the costs of bituminous surfacing, storm sewer and noise wall construction and other associated construction to be performed upon, along and adjacent to West River Road (old Trunk Highway No. 252) from 66th Avenue to 73rd Avenue within the corporate City limits in accordance with plans designated by the City as City Improvement No. 1988 -18 and by the State as State Project No. 2748 -39 (T.H. 252 =110). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGREEMENT STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION 67028 AGREEMENT S.P. 2748 -39 (T.H. 252 =110) State Funds ORIGINAL Agreement between AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and $707,155.44 The City of Brooklyn Center RE: State cost participation in bituminous surfacing, storm sewer and noise wall AMOUNT RECEIVABLE construction by the City on West River Road (old T.H. 252) from 66th Ave. to (NONE) 73rd Ave. in Brooklyn Center THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Brooklyn Center, Minnesota, acting by and through its City Council, hereinafter referred to as the "City ". " r 67028 WITNESSETH: WHEREAS the City is about to perform bituminous surfacing, storm sewer, water main, noise wall and retaining wall construction and other associated construction upon, along and adjacent to West River Road (old Trunk Highway No. 252) from Engineer Station 680 +64.62 (66th Avenue) to Engineer Station 727 +64.90 (73rd Avenue) within the corporate City limits in accordance with City - prepared plans, specifications and /or special provisions designated by the City as City Improvement No. 1988 -18 and by the State as State Project No. 2748 -39 (T.H. 252 =110); and WHEREAS the City has requested participation by the State in the costs of the bituminous surfacing, storm sewer and noise wall construction; and WHEREAS the State is willing to participate in the costs of the bituminous surfacing, storm sewer and noise wall construction as hereinafter set forth; and WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 2 14Y_ S . 67028 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State - approved City plans, specifications and /or special provisions designated by the City as City Improvement No. 1988 -18 and by the State as State Project No. 2748 -39 (T.H. 252 =110). The contract construction shall be performed in accordance with State - approved City plans, specifications and /or special provisions which are on file in the office of the City's Engineer and in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening the bids for the construction contract, promptly submit to the State's District Engineer at St. Paul a certified copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. 3 P 67028 Section C. Cancellation of Agreement Each party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days after the opening of bids if either party determines any or all bids to be unsatisfactory; the withdrawal from or cancellation of the agreement shall be accomplished by either party serving a written notice thereof upon the other. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this agreement shall be open to inspection by the State's District Engineer or his authorized representatives. The City shall give the District Engineer five days notice of its intention to start the contract construction. The responsibility for the control of materials for the State cost participation construction covered under this agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction ". 4 67028 Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract ;construction may be extended by an exchange of letters between the appropriate City official and the State's District Engineer for unavoidable delays encountered in the performance thereof. Section F. Additional Construction Plan Changes, Etc. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this agreement unless the necessary State funds have been encumbered prior to the performance of the additional contract construction and the terms and conditions in the following paragraph have been met. All changes in the plans, specifications and /or special provisions for the State cost participation construction covered under this agreement and all addendums, change orders and /or supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this agreement must be approved in writing by the State's District Engineer before payment is made by the State therefor. 5 67028 Section G. Compliance with Laws, Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, including Minnesota Statute section 16B.101, and all applicable ordinances and regulations. Section H. Right -of -Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights -of -way, easements, construction permits and /or any other permits and sanctions that may be required in connection with the contract construction, and shall promptly furnish the State with certified copies of the documents for those rights -of -way, easements, construction permits and /or other permits and sanctions. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDULE "I" and EXHIBIT " A " A SCHEDULE "I" and color coded EXHIBIT " A " are attached hereto and made a part hereof by reference. The SCHEDULE "I" includes all anticipated State cost participation construction items and the construction engineering cost share covered under this agreement. EXHIBIT " A " shows all anticipated State cost participation storm sewer facilities construction covered under this agreement. 6 nvk 67028 Section B. State Cost Participation t' ation Construction All of the following construction to be performed upon, along and adjacent to West River Road (old Trunk Highway No. 252) from Engineer Station 680 +64.62 (66th Avenue) to Engineer Station 727 +64.90 (73rd Avenue) within the corporate City limits under City Improvement No. 1988 -18, designated by the State as State Project No. 2748 -39 (T.H. 252 =110). 100 PERCENT Curb and gutter and noise wall construction and the construction of the center 24 feet of West River Road (old Trunk Highway No. 252) pavement. The catch basins and leads along West River Road .(old Trunk Highway No. 252) as shown in "Blue" color on the attached EXHIBIT "A ". All of this work is described and tabulated on Sheets No. 2 and 3 of the attached SCHEDULE "I". 72.1 PERCENT Mainline storm sewer as shown in "Orange" color on the attached EXHIBIT " A " and as described and tabulated on Sheet No. 4 of the attached SCHEDULE "I". Section C. Construction Engineering Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this agreement. 7 V �� 67028 Section D. Addendums, Chancre Orders and Supplemental Agreements The State shall share in the costs of construction contract addendums, change orders and /or supplemental agreements which are necessary to complete the State cost participation construction covered under this agreement and which have been approved in writing by the State's District Engineer. Section E. Settlements of Claims The State shall pay to the City the cost of any settlements of claims made with the City's contractor in connection with the State cost participation construction covered under this agreement. All liquidated damages assessed the City's contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. ARTICLE III - PAYMENT BY THE STATE Section A. Estimate and Advancement of the State's Cost Share It is estimated that the State's share of the costs of the contract construction plus the 8 percent construction engineering cost share and a $55,000.00 contingency amount is the sum of $707,155.44 as shown in the attached Preliminary SCHEDULE "I ". The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. 8 67028 Upon receipt and review of the construction contract bid documents described in Article I, Section B. of this agreement, the State shall then decide whether to concur in the City's award of the construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit rices. The contingency amount is P g Y ; provided to cover overruns of the plans estimated quantities of State cost participation construction and /or State - approved additional construction including construction engineering costs. The State shall advance to the City the State's total estimated cost share, less contingency amount, as shown in the Revised SCHEDULE "I" after the following conditions have been met: 1. Encumbrance by the State of the State's total estimated cost share, including contingency amount, as shown in the Revised SCHEDULE "I ". 2. Execution of this agreement and the State's transmittal of same to the City along a copy of the Revised SCHEDULE "I" and a letter advising the City of the State's concurrence in the award of the construction contract. 3. Receipt by the State of a written request from the City for the advancement of funds. The request shall include 9 67028 certification by the City that the construction contract has been executed by all necessary parties. whenever it appears the cost of the State participation construction covered under this agreement is about to exceed the current amount of ; encumbered State funds, the City shall notify the State's District Engineer in writing prior to performance of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to complete the State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered will be exceeded. The State shall, upon its approval of the additional State cost participation construction, submit a request for encumbrance of the necessary additional funds to the Minnesota Department of Finance. That action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify for State cost participation covered under this agreement, but for which the State has not previously encumbered funds, that additional contract construction is done at the City's own risk. The City shall notify the State's District Engineer in writing of the additional State cost participation construction. Notification shall include an estimate 10 67028 in the amount of additional funds necessary to cover the additional State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State approves the additional State cost participation construction, the City's claim for compensation along _with a request for encumbrance of the necessary additional funds shall be submitted to the Commissioner of Finance for review pursuant to Minnesota Statute section 16A.15, subdivision 3, but no guarantee is made that the claim will be approved by the Commissioner of Finance. If the Commissioner of Finance certifies the claim for compensation and the request for encumbrance of the necessary additional funds therefor, that action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. If the State determines that the submittal of a claim for compensation is warranted and it is deemed legally necessary to supplement this agreement, and if the claim is approved and a supplement to this agreement in connection with the claim is prepared and processed, the first $3,000.00 of the claim will not be eligible for payment. Section B. Records Keeping and Invoicing by the City The State shall provide the City with a Payment Processing Package containing a Modified SCHEDULE "I" form, instructions, and samples of 11 67028 documents for processing final payment of the State participation construction cost covered under this agreement. The City shall keep records and accounts that enable it to provide the State with the following: 1. A copy of the Modified SCHEDULE "I" which includes final quantities of State cost participation construction. 2. Copies of the City contractor's invoice(s) covering all contract construction. 3. Copies of the endorsed and cancelled City warrant(s) or check(s) paying for all contract construction. 4. Copies of all construction contract change orders and /or supplemental agreements. 5. A certification form attached to a copy of the Final SCHEDULE "I", both of which shall be provided by the State. The certification form shall be signed by the City's Engineer in charge of the contract construction attesting to the following: 12 67028 a. The satisfactory performance and completion of all contract construction in accordance with State - approved City plans, specifications and /or special provisions. b. The acceptance and approval of all materials furnished for the State cost participation construction covered under this agreement relative to compliance of those materials to the State's current "Standard Specifications for Construction ". C. Full payment by the City to its contractor for all contract construction. 6. When requested by the State, copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this agreement. 7. A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "I ". As provided by Minnesota Statute section 16B.06, subdivision 4, the books, records, documents, and accounting procedures and practices of the City relevant to this agreement are subject to examination by the contracting department or agency, and either the legislative auditor or the state auditor as appropriate. 13 67028 Section C. Final Payment by the State Upon completion of all contract construction, the State shall prepare a Final SCHEDULE "I" based on final quantities of State cost participation construction and shall submit a copy to the City. If the final cost of the State participation construction covered under .this agreement exceeds the amount of funds advanced by the State, the State shall promptly pay the difference to the City without interest. If the final cost of the State participation construction covered under this agreement is less than the amount of funds advanced by the State, the City shall promptly return the balance to the State without interest. Procedures relevant to preparation of the Final SCHEDULE "I" and final payment of the State participation construction cost covered under this agreement are detailed in the Payment Processing Package, which the State shall furnish the City. Pursuant to Minnesota Statute section 15.415, the City waives claim for any amounts less than $2.00 over the amount of State funds previously advanced to the City, and the State waives claim for the return of any amounts less . than $2.00 of those funds advanced by the State. 14 67028 ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and /or parts for all inplace City -owned facilities constructed hereunder when replacements are required, without cost or expense to the State. Section B. Maintenance by the City Upon satisfactory completion of the West River Road (old Trunk Highway No. 252) construction and all of the facilities a part thereof to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway, without cost or expense to the State. Maintenance shall include, but not be limited to, snow and debris removal, resurfacing and /or seal coating and any other maintenance activities necessary to perpetuate the roadway in a safe and usable condition. Upon satisfactory completion of the storm sewer facilities and City - owned facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. Furthermore, neither party to this agreement shall drain any additional drainage into the storm sewer facilities that was not included in the drainage for which the storm sewer facilities were designed without first obtaining permission to do so 15 67028 from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area ", which is on file in the office of the State's District Hydraulics Engineer at Golden Valley and is made a part hereof by reference with the same force and effect as though fully set forth herein. Upon satisfactory completion of the pedestrian walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance shall include, but not be limited to, snow and debris removal and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Section C. Release and Conveyance of Roadways The State shall, upon the satisfactory completion of the project designated by the City as City Improvement No. 1988 -18 and by the State as State Project No. 2748 -39 (T.H. 252 =110), serve upon the City a "Notice of Release" placing that portion of West River Road (old Trunk Highway No. 252) between 66th Avenue and 73rd Avenue, including all of the facilities a part thereof constructed within the corporate City limits under said project, under the jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall convey to 16 67028 the City all right, title and interest of the State in said roadway portions. Upon receipt of said "Notice of Release ", the City shall become the road authority responsible for said roadway portion so released. Section D. Claims The City at its own sole cost and expense shall defend, indemnify, save and hold harmless the State and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or causes of action of whatsoever nature or character arising out of or by reason of contract construction, construction engineering and /or maintenance covered under this agreement including an action or claim which alleges negligence of the State, its agents, officers and employees. All employees of the City and all other persons employed by the City in the performance of contract construction, construction engineering and /or maintenance covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so.engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction, construction engineering and /or maintenance covered under this agreement shall in no way be the obligation or responsibility of the State. 17 n VL�- Section E. Nondiscrimination 67028 The provisions of, Minnesota Statute section 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section F. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. 18 0 67028 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF BROOKLYN CENTER Recommended for approval: By i • ljon&, S- 7- 90 By Director Mayor Agreement Services Section Date By District Engineer By City Manager Date 46 Deputy Division Director Technical Services Division Approved: DEPARTMENT OF ADMINISTRATION Approved: By Deputy Commissioner of Transportation By (Authorized Signature) Date (Date of Agreement) . Date OFFICE OF ATTORNEY GENERAL Approved as to form and execution: B Special Assistant Attorney General 19 PRELIMINARY SCHEDULE "I" A reement No. 67028 City of Brooklyn Center Preliminary: April 19, 1990 S.P. 748 -39 T.H. 252 =110 State Funds Bituminous surfacing, storm sewer and w o st u t' on performe City Contract wit located on West River Road (old T.H. from t tQ 73rd l3roo enter- STATE COST PARTICIPATION From Sheet No. 3 $534,771.50 From Sheet No. 4 69 076.13 Subtotal $603,847.63 Construction Engineering 8 48 307.81 Subtotal $652,155.44 1 Contingency Amount 55 000.00 Encumbered Amount $707,155.44 1 For the State's use only as described in the body of the agreement - 1 - CITY OF BROOKLYN CENTER Council Meeting Date 5/21/90 Agenda Item Number 1 ? 0� 3 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES RELATING TO WEST RIVER ROAD, IMPROVEMENT PROJECT NO. 1988 -18 DEPT. APPROVAL: , SY KNAPP, DIRECTOR OF PUBLIC woRKS MANAGER'S REVIEW /RECOMMENDATION:4 No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached On February 13, 1989 the City Council approved execution of a contract with Short Elliott Hendrickson (SEH) for professional services relating to the • improvement of West River Road between 66th and 73rd Avenues North. That contract, based on the scope of construction which was contemplated at that time, provided for reimbursement to SEH for services performed on the following basis: Service Fee Structure For Phase I Services (i.e.Study Cost plus a fixed fee, with Report, Preliminary Design, Final a maximum fee of $82,600* Design and Bidding and Award Services) For Phase Ii Services (i.e. Construction Payroll cost times 3.06 Services) with an estimated total of $57,600 *Note: The fixed fee (i.e. profit) portion of Phase I services was established at $8738.59 which represented 13% of the estimated labor, overhead, general and administrative costs. Since execution of that contract a number of changes and additions have been made to the scope of the project in response to requests from residents (primarily as received at neighborhood meetings), integration of this project with issues relating to the T.H. 252/66th Avenue area, and other considerations. Following is a summary of the major changes which have been made to the project: o pedestrian/bicycle trail to be located on the west side of the roadway (instead of on the east side as originally contemplated) lated) - based on residents requests. I • new roadway to be constructed using a curvilinear alignment instead of a • straight alignment to increase safety by creating a "parkway" environment. • while the original concept was to utilize the existing roadway from 66th Avenue thru the reverse -curve and to the end of the existing curb and gutter (approximately 300 feet north of 66th Avenue), the current plans include removal of the "MNDOT house" and total reconstruction of the roadway in that area. • current plans also include construction of a noise wall from 66th Avenue to the end of the existing noise mound (approximately 500 feet), to provide visual screening from T.H. 252 for abutting residents. • additional watermain installation has been included, based on recommendations from Black and Veatch for system improvements. • sanitary sewer repairs have been added to the contract, to repair defective sections of sewer identified by our T.V. inspection of these sewers. Phase I Services by SEH Having now essentially completed Phase I services, SEH has reviewed their costs and advise that they expect to have a cost overrun of $43,252 due to additional work items identified below. My evaluation and my "recommended allowance" is shown for each item. Item Reported Recommended No. Description /Evaluation Costs Allowance 1 development of alternative curvilinear alignments $15,205 Evaluation This change of plan was agreed to early in the project development. Although my review of SEH's accounting indicates these costs are accurate, SEH acknowledges that they should not have proceeded with this extra work without a formal contract amendment. Accordingly, I recommend payment of 50% of this item $ 7,602 2 additional water main and sanitar y sewer work 2,808 Evaluation This is extra work which we specifically requested $ 2,808 3 design of noise wall near 66th Avenue intersection $ 838 Evaluation This is extra work which we • specifically requested $ 838 • Item Reported Recommended No. Description /Evaluation Costs Allowance 4 66th Avenue Intersection and connecting roadway design $16,243 Evaluation This is extra work which we specifically requested after City Council approval of the concept design for reconstruction of the 66th Avenue intersection, and based on residents' requests "to eliminate the sharp reverse curve on the existing connection $16,243 5 preparation of separate contract documents for landscaping on the project $ 3,657 Evaluation Because of recent experiences on other projects, it is my belief that landscape plantings should be installed under a separate contract rather than as a part of the general construction contract. This will probably reduce contract costs, will assure much better control of the planting schedule, and allow the City to deal directly with the landscape contractor instead of thru a general • contractor. Note These are "future" costs which will be incurred at the time plans and specs are prepared and bids taken, for this work $ 3,657 6 preparation of extensive documentation as required by MNDOT, to allow preparation of Cooperative Agreement with City $ 4,607 Evaluation This work was requested by MNDOT during the final stage of development of the Cooperative Agreement. Although other work relating to this project closely followed MNDOT's State Aid procedures (as anticipated in our contract with SEH), this was extra, unanticipated work. However, a review of MNDOT's final agreement (see separate agenda item) shows that MNDOT's participation has increased from $500,000 to $689,000. A part of that increased MNDOT participation is related to SEH's extra work on this item. $ 4,607 Item Reported Recommended • No. Description /Evaluation Costs Allowance 7 miscellaneous costs relating to extra meetings with residents in the neighborhood and with utility companies, and relating to various changes in drainage systems, roadway design, etc. $ 3,887 Evaluation Although many minor changes were made, it is my belief that the extent of these changes are within the limits which should have been contemplated in the original agreement. $ -0- 8 deducts from contract items which were deleted from SEH's responsibility - including the design of a roadway lighting system (this is being handled directly between the City and NSP), the processing of various permit applications (which were not required) etc. ( -)$ 3,994 Evaluation Approved ( -)$ 3,994 TOTALS $43,251 $31,761 Accordingly, I recommend approval of an amendment to the City's agreement with SEH to provide an increase in the "maximum fee" from $82,600 to $114,400 (a • $31,800 increase). Although they note that this would reduce their profit margin from their anticipated 13% to approximately 4.5%, SEH has verbally agreed to accept this adjustment. Phase II Services by SEH As noted above, the City's agreement with SEH provides that Phase II services will be provided on the basis of payroll cost times 3.06. Based on the original scope of work, we estimated the total cost of those services at $57,600. Because of the increased project scope, we now estimate that cost at $73,000. Recommendation It is recommended that the City Council adopt a resolution approving an amendment to the City's agreement with SEH based on the above recommendations. I also wish to note that SEH's work on this project has been excellent including not only their design efforts, but also their public relations work, their work with the City Staff and with other agencies. City Council Action Required A resolution is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES RELATING TO WEST RIVER ROAD, IMPROVEMENT PROJECT NO. 1988 -18 WHEREAS, on February 13, 1989, the City Council adopted Resolution No. 89 -25 approving the execution of an agreement for professional services with Short - Elliott - Hendrickson, Inc. (SEH) relating to reconstruction of West River Road (old T.H. 252) from 66th Avenue to 73rd Avenue North, providing the following fee structure for services to be provided under the agreement Service Fee Structure For Phae I Services (i.e. Study Cost plus a fixed fee, with Report, Preliminary Design, Final a maximum fee of $82,600 Design and Bidding and Award Services) For Phase II Services (i.e. Construction Payroll cost times 3.06 with Services) an estimated total of $57,600 AND WHEREAS, SEH has essentially completed Phase I Services and has reported cost overruns for those services totaling $43,252 resulting from a number of substantial changes to the scope of the project; and WHEREAS, the Director of Public Works has reviewed the report from SEH and has advised the City Council that $31,800 of the increased costs are the direct result of increases in the scope of the project based on requests by the City of Brooklyn Center; and WHEREAS, the Director of Public Works has also advised the Council that the increased scope of the project will increase the cost of Phase II Services from an estimated $57,600 to an estimated $73,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. an amendment to the existing agreement with SEH, providing for an increase in the maximum fees for Phase I Services from $82,600 to $114,400 is hereby approved. The Mayor and City Manager are hereby authorized and directed to execute such amendment on behlaf of the City. 2. the estimated fees for Phase II Services is hereby increased from $57,600 to $73,000. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 5/21/9 Agenda Item Number 9CL y REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: '� SY KNAPP, -D ECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: �d�. V No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) On April 9, 1990, the City Council approved plans and specifications for the improvement of West River Road between 66th and 73rd Avenues North. Bids for construction on this improvement were opened on May 15, 1990. Of the 7 bids received, the lowest bid was from Thomas and Sons Construction, Inc. in the amount of $1,015,253.85. The Engineer's estimate for this work was $1,200,660. As shown in the attached resolution, the originally estimated total project costs for the West River Road improvement were $1,318,848. Because of numerous changes (see details as noted in reports covering two previous items on the agenda), the estimated total project costs had increased to $1,702.334. However, based on the low bid, we now estimate total project costs at $1,552,837. As noted in a previous agenda item, the City has also received the proposed cooperative agreement with MNDOT providing for their financial participation in this project. Based on that agreement, the distribution of project costs will be as shown in the attached resolution. Staff recommends acceptance of the low bid and award of the contract to Thomas and Sons Construction Inc. City Council Action Required A resolution is provided for consideration by the Council. r Note The Cooperative Agreement with MNDOT provides that the City shall not award • the contract for this project until the state advises the City of its concurrence with that award. A request for MNDOT's concurrence has been submitted. If their concurrence is not received prior to the City Council meeting, staff will recommend that consideration of this resolution be tabled, and that a special Council meeting be held when MNDOT's concurrence is received. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18 WHEREAS, pursuant to an advertisement for bids for Improvement Project N - ] o. 1988 18, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 15th day of May, 1990. Said bids were as follows: Bidder Bid Amount Thomas and Sons Construction, Inc. $1,015,253.85 Arcon Construction 1,084,828.87 Rice Lake Contracting 1,129,756.76 Brown & Cris 1,144,141.50 Hardrives, Inc. 1,162,598.16 Northdale Construction 1,199,561.27 C. S. McCrossan 1,262,147.44 WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas and Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for li Improvement Project No. 1988 -18 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bid except p s, e pt that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Improvement Project No. 1988 -18 is hereby amended from $1,318,848 to $1,552,837. The estimated project cost is comprised of the following: As Ordered As Amended As Amended (Feas. Report) (Eng. Report) (per low bid) Contract $ 757,513 $1,200,660 $1,015,254 Contingency 104,061 60,000 50,763 Landscaping 100,000 100,000 100,000 Right -of -Way Acquisition 0 85,800 85,800 Underground Electrical System & Street Lights 183,100 56,500 56,500 Engineering 174,174 174,174 223,200 Administrative 0 12,600 10,660 Legal and Bonding 0 12,600 10,660 Total Estimated Project Cost $1,318,848 $1,702,334 $1,552,837 The estimated costs to be financed will be: As Ordered As Amended As Amended (Feas. Report) (Eng. Report) (per low bid) Special Assessments $ 79,402 $ 79,402 $ 79,402 Public Utility Fund 47,700 70,000 68,803 Minnesota Dept, of Transp. 500,005 677,155* 689,186% Local Municipal State Aid Fund 1611 691,741 875.777 715,446 Total $1,318,848 $1,702,334 $1,552,837 *Note: These amounts do not include the $55,000 contingency encumbrance included in MNDOT's agreement with the City. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. l CITY OF BROOKLYN CENTER Council Meeting Date 5/21/90 Agenda Item Number ,S REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PAYMENT FOR ROADWAY EASEMENTS FROM BROOKLYN CENTER HIGH SCHOOL AND FROM ECONOLODGE INC., IMPROVEMENT PROJECT NOS. 1989 -26 AND 1989 -27 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIRE R OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: s9 No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) In order to accomplish construction of the Freeway Boulevard /65th /66th Avenues project and the Humboldt Avenue project in accordance with the plans, it is necessary for the City to acquire easements from the Brooklyn Center High School property and from the Econolodge property. Agreements have been reached with both property owners to provide those easements to the City at the appraised values established by the City Assessor. Staff recommends approval of these acquisitions. City Council Action Required A resolution is provided for consideration by the Council. • Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING PAYMENT FOR ROADWAY EASEMENTS FROM BROOKLYN CENTER HIGH SCHOOL AND FROM ECONOLODGE INC., IMPROVEMENT PROJECT NOS. 1989 -26 AND 1989 -27 WHEREAS, the City Council, on May 7, 1990 adopted Resolution No. 90 -97 ordering Improvement Projects No. 1989 -26 and 1989 -27; and WHEREAS, the Director of Public Works has advised the City Council that it is necessary to acquire easements from the followng properties to allow for construction to be completed in accordance with approved plans Approximate Owner and Legal Area of Appraised Address P.I.D. No. Description Easement(s) Value Brooklyn Center School Portions of District #286 SW 1/4, NW 1/4 29,724 S.F. $ 54,400 (Brooklyn Center High Section 36, T119 School) R21 6500 Humboldt Ave N. 36- 110 -21 -23 -0001 Williams Steel & Hardware (Econolodge) 35- 119 -21 -42 -0006 Portion of Lot H, 1,300 S.F. $ 6,500 6445 James Circle RLS 1482 AND WHEREAS, he has advised the City Council that purchase agreements have been reached to acquire these easements at the City Assessor's appraised values as shown above, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the acquisition of said easements at the appraised values is hereby approved. The Mayor and City Manager are hereby authorized and directed to acquire said easements on that basis. All costs for right -of -way acquisition shall be charged to the project. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER counc Meeting Date 5/ Agenda Item Number -/ REQUEST FOR COUNCIL CONSIDERATION 0 ITEM DESCRIPTION: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY TO REMOVE OVERHEAD POWER LINES IN THE VICINITY OF THE INTERSECTION OF FREEWAY BOULEVARD AND HUMBOLDT AVENUE DEPT. APPROVAL: SY KNAPP, DIRECTO Of� F PURL C WORKS MANAGER'S REVIEW /RECOMMENDATION: a f x V No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached In conjunction with the proposed improvements to the Freeway Blvd. /65th Avenue North and Humboldt Avenue North intersection, we have negotiated a proposed agreement with NSP to remove the existing overhead power lines from the vicinity and place new lines underground. This will involve removing 5 spans of primary and secondary distribution lines and installing 900 feet of underground primary cable. Lighting for the intersections shall be maintained by the reinstallation of the existing signal -pole mounted luminaire(s). This work was contemplated in the Engineer's Report for the Freeway Blvd. /65th /66th Avenue project,. and the costs of such work were proposed in the City's share of the project costs. NSP has proposed to do this work with a reimbursement price of $58,645. It is our opinion that this is a reasonable price, being very close to the originally estimated cost of $60,000, and we recommend acceptance of that proposal. City Council Action Required Adoption of the attached resolution. �ab Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY TO REMOVE OVERHEAD POWER LINES IN THE VICINITY OF THE INTERSECTION OF FREEWAY BOULEVARD AND HUMBOLDT AVENUE WHEREAS, it is the opinion of the City Council that the existing overhead electric power lines should be removed and be replaced with underground lines in conjunction with the proposed reconstruction of Freeway Blvd. /65th /66th Avenue North - Improvement Project No. 1989 -26; and WHEREAS, the Northern States Power Company has proposed to do said work at a cost of $58,645. 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 agreement with the Northern States Power Company to complete said work at a cost of $58,645. 2. The costs for this work shall be charged to the Municipal State Aid Street Fund, Account No. 2600. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 5/21/9 Agenda Item Number 9Q 7 REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE NORTH BETWEEN SHINGLE CREEK AND T.H. 252 AND FOR THE IMPROVEMENT OF HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH, IMPROVEMENT PROJECT NOS. 1989 -26 AND 1989 -27, CONTRACT 1990 -D * * * * * * * * * * * * * * * * * * * * * * * * ** ******************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: su lemental sheets att hed ( pp ac ) On April 9 199 • p 0, the City Council, by Resolution No. 90 -76, held public hearing, approved plans and specifications and directed advertisement for bid for Contract 1990 -D, Roadway Improvements for Freeway Boulevard /65th /66th Avenue North and Humboldt Avenue North. On May 7, 1990, the City Council reconvened the public hearing for the proposed improvements and by Resolution No. 90 -97, ordered improvements. Bids for construction of the proposed roadway improvements, Project Nos. 1989 -26 and 1989 -27, were opened at 11:00 a.m. on May 8, 1990. Of the seven bids received, the lowest was by Thomas and Sons Construction, Inc. in the amount of $650,312.77. The Engineer's Estimate at the time of the bid opening was $864,215.65. Staff was notified on May 15, 1990, that MNDOT's Office of State Aid had approved the plans and specifications for roadway improvements and would allow the City to award a contract. Thomas and Sons Construction, Inc. has satisfactorily completed numerous projects for the City, and last year was awarded Contract 1989 -F, Alley Improvements. Accordingly, we recommend that the low bid of Thomas and Sons Construction, Inc. be accepted and a contract awarded to that firm. Note In the attached resolution, the total estimated project cost for Improvement Projects 1989 -26 and 1989 -27, as ordered, reflects a correction to the total estimated project cost as reported in the Engineer's Report to the . Council. In Section IV of the report, the total project cost for "Freeway Boulevard" was incorrectly shown as $506,800. That number was actually the estimated construction cost (rather than the estimated total costs) for that portion of the project. The proposed assessments were based on the correct • project cost of $626,160, as detailed in Section I of the Engineer's Report. Therefore, the Total Estimated Project Cost for Improvement Project Nos. 1988 -25, 1989 -26, 1989 -27, 1990 -11 and 1990 -12, as shown in Section IV of the Engineer's Report, has been corrected from $1,378,460 to $1,497,820. Because assessments had been calculated on the correct estimate, the assessment rates were shown correctly. In summary, the total estimated costs for all projects are as follows: "As Ordered" As Amended (i.e. Engineer's (i.e. Based Description Cost Estimate) On Actual Bid) Street Improvement Projects 1989 -26 and 1989 -27, i.e.: Freeway Blvd /65th /66th Avenues and Humboldt Avenue (See details in attached resolution) $1,228,720 $940,003.75 Traffic Signal Projects 1988 -25, 1990 -11 and 1990 -12, i.e.: traffic signals at Shingle Creek Parkway, at Humboldt Avenue and at Dupont Avenue (See next agenda item) 269.100 216,627.67 $1,497.820 $1,156,631.42 • Accordingly, both the assessment rates and the City's cost participation (State Aid and Public Utility portions) will be well below the estimates. Based on this evaluation, we recommend award of the contract to the low bidder. Council Action Required Adopt the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE NORTH BETWEEN SHINGLE CREEK AND T.H. 252 AND FOR THE IMPROVEMENT OF HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH, IMPROVEMENT PROJECT NOS. 1989 -26 AND 1989 -27, CONTRACT 1990 -D WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1989 -26 and 1989 -27, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 8th day of May, 1990. Said bids were as follows: Bidder Bid Amount Thomas and Sons Construction, Inc. $ 650,312.77 Hardrives, Inc. 740,433.05 Alber Construction 744,738.50 Northwest Asphalt 754,397.40 Alexander Construction 779,369.80 C. S. McCrossan 821,639.43 Valley Paving 849,221.98 WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The Mayor.and City Manager are hereby authorized and directed to enter into a contract with Thomas and Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1989 -26 and 1989 -27 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Improvement Project Nos. 1989 -26 and 1989 -27 is hereby amended from $1,228,720 to $880,003.75. The estimated project cost is comprised of the following: As Ordered As Amended Contract $ 825,520 $ 650,312.77 Contingency 123,830 32,515.65 Landscape (future contract) - 25,000.00 Right -of -way Acquisition 29,500 60,900.00 Overhead Power Relocation 60,000 58,645.00 Staff Engineering (8%) 75,950 54,626.27 Engr. Fees (Consultants) - 35,000.00 Administrative (1 %) 9,490 6,828.28 Legal and Bonding (1 %) 9,490 6,828.28 Interest 94.940 9.347.50 Total Estimated Project Cost $1,228,720 $940,003.75 2. The estimated costs to be financed will be: As Ordered As Amended Special Assessments $ 623,030 $546,570.49 Public Utility Fund 298,820 59,408.90 Regular Municipal State Aid Fund 2613 869,900 569,035.52 Local Municipal State Aid Fund 2611 (563,030) (235,011.16) Total $1,228,720 $940,003.75 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date _5/2_1/9 Agenda Item Number lL REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AT THE INTERSECTIONS OF FREEWAY BOULEVARD WITH SHINGLE CREEK PARKWAY, AT FREEWAY BOULEVARD WITH HUMBOLDT AVENUE, AND AT 65TH AVENUE NORTH WITH DUPONT AVENUE NORTH, IMPROVEMENT PROJECT NOS. 1988 -25, 1990 -11 AND 1990 -12, CONTRACT 1990 -E ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: d SY KNAPP;' RECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: r� e� No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • On April 9, 1990, the City Council, by Resolution No. 90 -76, held public hearing, approved plans and specifications and directed advertisement for bid for Contract 1990 -E, Traffic Control Signal System Improvements for Freeway Boulevard /65th /66th Avenue North. On May 7, 1990, the City Council reconvened the public hearing for the proposed improvements and by Resolution No. 90 -97, ordered improvements. Bids for construction of the proposed traffic signal improvements, Project Nos. 1988 -25, 1990 -11 and 1990 -12, were opened at 11:00 a.m. on May 8, 1990. Of the three bids received, the lowest was by Killmer Electric Co., Inc. in the amount of $183,385.00. The Engineer's Estimate at the time of the bid opening was $195,000.00. Staff was notified on May 15, 1990, that MNDOT's Office of State Aid had approved the plans and specifications for roadway improvements and would allow the City to award a contract. Killmer Electric Co., Inc. has satisfactorily completed numerous projects for the City. Accordingly, we recommend that the low bid of Killmer Electric Co., Inc. be accepted and a contract awarded to that firm. Note See cost summary for all related projects as included in report for previous agenda item. Council Action Required Adopt the attached resolution. / fit b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AT THE INTERSECTIONS OF FREEWAY BOULEVARD WITH SHINGLE CREEK PARKWAY, AT FREEWAY BOULEVARD WITH HUMBOLDT AVENUE, AND AT 65TH AVENUE NORTH WITH DUPONT AVENUE NORTH, IMPROVEMENT PROJECT NOS. 1988 -25, 1990 -11 AND 1990 -12, CONTRACT 1990 -E WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos..1988 -25, 1990 -11 and 1990 -12, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 8th day of May, 1990. Said bids were as follows: Bidder Bid Amount Killmer Electric Co., Inc. $183,385.00 Ridgedale Electric, Inc. $186,238.00 Collins Electric Co. $193,200.00 WHEREAS, it appears that Killmer Electric Co., Inc. of Maple Grove, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Killmer Electric Co., Inc. of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1988 -25, 1990 -11 and 1990 -12 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with ith their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Improvement Project Nos. 1988 -25, 1990 -11 and 1990 -12 is hereby amended from $269,100 to $216,627.67. The estimated project cost is comprised of the following: As Ordered As Amended Contract $ 195,000 $ 183,385.00 Contingency 29,250 9,169.25 Engineering (8%) 17,940 15,404.34 Administrative (1 %) 2,240 1,925.54 Legal and Bonding (1 %) 2,240 1,925.54 Interest 22.430 4.818.00 Total Estimated Project Cost $ 269,100 $ 216,627.67 RESOLUTION NO. 4. The estimated costs to be financed will be: As Ordered As Amended Regular Municipal State Aid Fund 2613 $ 269,100 $ 203,041.73 Local Municipal State Aid Fund 2611 -0- 13.585.94 Total $ 269,100 $ 216,627.67 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and'upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 5 21 / 9 0 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION •ITEM DESCRIPTION: EARLE BROWN DAYS EVENTS DEPT. APPROVAL: ro ram Supervisor Signature - title MANAGER'S - REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The Earle Brown Days Craft show is scheduled June & 24 i Y J 23 n the Heritage • Center ter Mall are a. If necessary, they will use either the Heritage Center parking lot for exhibit space and Earle Brown Drive for parking, or use Earle Brown Drive for exhibit space and the parking lot for parking. Permission is requested to close Earle Brown Drive as shown on map if needed for exhibit space. Permission is requested to cover the no parking signs along Earle Brown Drive and use it as parking if necessary. Police Chief Lindsay and Fire Chief Boman have indicated there would be no problem , for emergency mergency vehicle access either way. The street dance will be held in the walkway area between the mall and the inn. HIPP.ODROMv D 1 O o STABLE O "H "..BARN__. j SHA KSMITH _. ( "C ' OARN O C/� �D G' I IARN d C/ o -- --- BARN Carnage.. Covered Walk & T net - �- Guest House House I t PUMPHOUSE Ea I Brow BUNKHOUSE Gazebo For ans- Ho 1 9 o o us ^ -_ BED & BREAKFAST- BROOKLYN CENTER EARLE BROWN DAYS Thursday 14 - Satur Ju ng y, y, n 16 * * Talent Contest, Brookdale Sunday, June 17 * 10 a.m. Classic Car Show, Heritage Center Monday, June 18 * * 7 p.m. Talent Contest Finals, Brookdale Wednesday, June 20 * 6 p.m. Carnival, Near Heritage Center 7 p.m. Opening Ceremony, Ice Cream Social, Brookdale Thursday, June 21 * 6 p.m. Carnival, Near Heritage Center 6:30 p.m. Parade, along Dupont, starting at 69th and ending at 59th Friday, June 22 - Sunday, June 24 * * Tennis Tournament * * Women's & Mixed Softball Tournaments Friday, June 22 11 a.m. Antique Show, Heritage Center * 1 p.m. Carnival, Near Heritage Center 8 p.m. Street Dance, Near Heritage Center Saturday, June 23 * * 8 a.m. Golf Tournament, Centerbrook 9 a.m. Antique Show, Heritage Center 9 a.m. Craft Show, Heritage Center noon Kids' Fishing Contest, Shingle Creek noon Bingo, Community Center * 1 p.m. Carnival, Near Heritage Center 1 p.m. WLOL Boom Box at Carnival Site 6 :30 p.m. Teddy Bear Band at Carnival Site Sunday, June 24 11 a.m. Craft Show, Heritage Center * 1 p.m. Carnival, Near Heritage Center 3 p.m. Junior Royalty Coronation, Heritage Center 5 p.m. Turtle Races, Heritage Center 7 Flyers, Central Park 8 p.m. Brandywine, Central Park 10 p.m. Fireworks, Central Park Note: * Denotes fee * * Denotes advanced registration Heritage Center is located on the Earle Brown Farm site. Central Park is located behind the community center. All events are subject to change. For more information, call 569 -3400 Licenses to be approved by the City Council on May 21, 1990: j D e AMUSEMENT DEVICES — VENDOR B & K Music & Sales 133 Spring Valley Circle 1 City Clerk ITINERANT FOOD ESTABLISHMENT Brooklyn Center Parks & Recreation 6301 Shingle Ck. Pkwy. Builders Square 3600 63rd Ave. N. Days Inn 1501 Freeway Boulevard Betsy Medley 1762 Canyon Lane 'J� ii' Straight's Concession 3110 Idaho Ave. N. t s � ✓am Sanitarian r MECHANICAL SYSTEMS Care Heating & Air Cond. Inc. 1211 Old Highway 8 Furnace Care, Inc. 8733 Humboldt Ave. N. Maple Grove Heating & A/C 8870 Zealand Ave. N. One Way Building Services, Inc. 5250 West 74th Street Pfiffner Heating and Air Conditioning 6301 Welcome Ave. N. Precise Heating, A/C & Electric, Inc. 2729 Ensign Ave. N. /`� Romark, Inc. 2647 Eldridge Avenue C.tt : Y< Building Official RENTAL DWELLINGS Initial: Brooklyn Center Church of Christ 6219 Dupont Ave. N. Theresa Anne Malone 5339 Emerson Ave. N. Charles Knudtson 4201 Lakeside Ave. N. #313 John and Edna Moryn 4207 Lakeside Ave. N. #130 James and Janet Billig 5127 E. Twin Lake Blvd. Floyd and Linda Ruggles 706 53rd Ave. N. Renewal: Ewing Square Associates Ewing Square Townhouses Redevco Marvin Garden Townhomes Eugene Hanauska 6538 Brooklyn Blvd. Jay Showalter 6742 -44 France Ave. N. Robert Kelly 7137 France Ave. N. Pat or Hal Gensler 5214 Great View Ave. N. Gregory J. Collins 1600 Irving Lane Creed Carson 4201 Lakeside Ave. N. #214 Eugene Temple 4207 Lakeside Ave. N. #235 United Homes, Inc. 6825 -27 Noble Ave. N. Dennis J. Bona 5207 Xerxes Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. } { Diane and Eugene Wright 4408 69th Ave. N. (•(.�� A� Director of Planning and Inspection ti SIGN HANGER n Scenic Sign Corporation P. 0. Box 881 Building Official GENERAL APPROVAL. D. K. Weeks, City Clerk