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Home My WebLink About1988 12-05 CCP Regular Session 6� v CITY COUNCIL AGENDA o CITY OF BROOKLYN CENTER DECEMBER 5, 1988 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 by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Presentations: a. Metro Waste Control Agency b. Charter Commission - Retiring Members 1- Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Donn Escher 2. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Jean Schiebel 7. Approval of Minutes: *a. October 24, 1988 - Regular Session *b. November 7, 1988 - Regular Session *c. November 8, 1988 - Special Session *d. November 21, 1988 - Regular Session 8. Mayoral Appointments: a. Housing Commission - Chairman and New Member b. Ap pointment ent PP of Celia Scott to Advisory Committee of Local Officials for the Newly Designated Federal Mississippi River Park 9. Resolutions: a. Authorizing the Mayor and City Manager to Enter into an Agreement with the State of Minnesota, Department of Public Service, for a Community Energy Program b. Authorizing the Mayor and City Manager to Enter into an Agreement with West Hennepin Human Services Planning Board for a Community Energy Program L CITY COUNCIL AGENDA -2- December 5, 1988 C. Authorizing the Mayor and City Manager to Enter into an Agreement with Northern States Power Company and West Hennepin Human Services Planning Board for a Community Energy Program (Home Energy Checkups) d. Authorizing the Mayor and City Manager to Enter into an Agreement with Minnegasco and West Hennepin Human Services Planning Board for a Community Energy Program (Project Air) *e. Closing Project Costs and Appropriations in the Capital Projects Fund *f. Authorizing an Additional Appropriation and Closing the Project for the Centerbrook Golf Course g. Awarding Insurance Contracts 10. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance -This item was first read on November 7, 1988, published in the City's official newspaper on November 17, 1988, and is offered this evening for a second reading. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles -This item was first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and offered for a second reading on August 8, 1988. It was tabled at the August 8, 1988, September 19, 1988, and October 24, 1988, Council meetings. c. An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances -This item is offered this evening for a first reading. d. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage -This item is offered this evening for a first reading. e. An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement -This item is offered this evening for a first reading. 11. Consideration of Specified Licenses: a. On -sale Intoxicating Liquor Licenses Class A ($8,000 per year) -Red Lobster CITY COUNCIL AGENDA -3- December 5, 1988 b. On -sale Intoxicating Liquor Licenses Class B ($11,000 per year) - Applebees -Earle Brown Bowl -Green Mill Inn - Ground Round Restaurant -Days Inn - Holiday Inn -T. Wright's -La Casita c. On -sale Intoxicating Liquor License Class C ($14,000 per year) - Lynbrook Bowl d. On -sale Sunday Intoxicating Liquor License ($200 per year) -Red Lobster, Applebees, Earle Brown Bowl, Green Mill Inn, Ground Round Restaurant, Days Inn, Holiday Inn, T. Wright's, Lynbrook Bowl, and La Casita e. On -sale Wine License - Denny's Restaurant - Dayton's 12. Discussion Items: a. Issue Priority Listing Update b. Group Insurance Review *13. Licenses 14. Adjournment 6bi Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DONN ESCHER WHEREAS, Donn Escher served on the Brooklyn Center Charter Commission from December 12, 1978 to December 1, 1988; and WHEREAS, Donn Escher has served in the capacities of Audit Chairman, Secretary, Vice Chairperson, and Chairperson from 1979 to 1988 and has served numerous times on various ad hoc committees throughout his entire term; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Donn Escher is hereby recognized and appreciated by the City of Brooklyn Center. 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. 6bA Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEAN SCHIEBEL WHEREAS, Jean Schiebel served on the Brooklyn Center Charter Commission from December 29, 1979 to December 1, 1988; and WHEREAS, Jean Schiebel has served as Audit Chairperson from 1980 to 1988 and has served numerous times on various ad hoc committees throughout her entire term; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Jean Schiebel is hereby recognized and appreciated by the City of Brooklyn Center. 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. 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 OCTOBER 24, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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 Corrine Heine, City Engineer Bo Spurrier, EDA Coordinator Brad Hoffman, and Administrative Aid 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 Hawes requested item No. 13 be removed from the consent agenda. FINAL PLAT APPROVAL - EARLE BROWN FARM ESTATES SIXTH ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for Earle Brown Farm Estates Sixth Addition. The motion passed unanimously. RESOLUTIONS RESOLUTION N0. 88 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -23, ACCEPTING PROPOSAL AND APPROVING CONTRACT (WELL RECONDITIONING, WELL NO. 8) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 10/24/88 _1_ r� PRESENTATION - HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT The City Manager introduced George Bowlin, representing the Hennepin County Community Health Department. Mr. Bowlin went on to briefly review the services that are offered by his department. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:23 p.m. and reconvened at 7:25 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 88012 SUBMITTED BY DEAN ARNOTT REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A PSYCHOLOGICAL COUNSELING BUSINESS IN THE BASEMENT OF THE RESIDENCE AT 3313 O'HENRY ROAD The City Manager noted this item was recommended for approval by the Planning Commission at its September 8, 1988, meeting. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of September 8, 1988, pages four through six. He briefly reviewed the application and the six conditions recommended for approval by the Planning Commission. He added a public hearing is scheduled for this evening and all notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88012 submitted by Dean Arnott requesting special use permit approval to conduct a psychological counseling business in the basement of the residence at 3313 O'Henry Road. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88012. The motion passed unanimously. Councilmember Lhotka inquired why the applicant was operating this type of business in his home versus general office space. Mr. Arnott stated he just recently finished schooling in this field, and he does not have the clientele to support general office space. Councilmember Hawes stated he was concerned with the hours of operation. He stated he felt it would be possible that the counseling sessions could run past 9 p.m. if they started at 8 p.m. He stated he would like to make the hours of operation 8 a.m. to 8 p.m. Mr. Arnott stated this would be possible. Councilmember Hawes inquired if the applicant would continue to use the home office after he has leased regular office space. Mr. Arnott said he may continue to use his home office after leasing other space. He noted he will be operating the business Monday through Friday, and there will be no group counseling aside from families. Councilmember Scott stated she would like to recommend approval of this application with certain changes to the conditions. Those being the hours of operation would be 8 a.m. to 8 p.m. and that staff should review this home occupation in one year and report back to the Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 88012 subject to the following conditions: 10/24/88 -2- 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. The hours of operation shall be from 8 a.m, to 8 p.m. Services shall be rendered ointment only y basis. 4. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 5. The counseling area shall be inspected by the Building Official prior to issuance of the special use permit. The applicant shall comply with any recommendations of the Building Official prior to issuance of the permit. 6. Any separate entrance to the lower level shall be constructed with appropriate permits. The City does not acknowledge by the approval of such a permit the creation of a second dwelling unit within the premises. 7. The staff shall report back to the City Council within one year regarding the status of this application. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 88017 SUBMITTED BY NA RO LD SCHNOOR REQUESTING SPECIAL USE PERMIT APPROVAL TO RENT TRUCKS AT THE BROOKLYN SERVICE CENTER AT 6901 BROOKLYN BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its September 22, 1988, meeting. The Director of Planning and Inspection directed the Council to pages one through three of the September 22, 1988, Planning Commission minutes. He explained approval of this application would allow the applicant to store and rent up to eight trucks on his site. He noted in 1968 trailer rental and storage was approved. He went on to review the five conditions recommended for approval by the Planning Commission. Councilmember Scott inquired who would monitor the number of vehicles that are kept on this site. The Director of Planning and Inspection responded staff would monitor this site, and violations could result in a number of different actions. Councilmember Lhotka stated he felt eight vehicles is too many to be stored on this site. Councilmember Hawes noted in the photographs the trash containers are not screened from view. He stated he would like to see the screening of the trash container as one of the conditions for this permit. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88017 submitted by Ronald Schnoor requesting special use permit approval to rent trucks at the Brooklyn Service Center at 6901 Brooklyn Boulevard. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. 10/24/88 -3- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88017. The motion passed unanimously. A discussion then ensued regarding the different size vehicles which would be parked on site and the number of each size. Councilmember Theis stated he would not like to see eight 22' trucks parked on the site, and he would like to impose a limitation on the number of 22 vehicles. Councilmember Theis stated he believed there should be no more than four vehicles in excess of 20' with no more than eight vehicles total on site. Councilmember Lhotka stated he felt Councilmember Theis was being much too generous and there should be no more than two vehicles 20' with a total of six vehicles on site. Councilmember Hawes added he would like to see screening of the dumpster as one of the conditions. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 88017 subject to the following conditions; 1. Special use permit approval of Application No. 88017 supercedes approval of Application No. 68060. Both trucks and trailers may be stored and rented at the site. However, the total of both trucks and trailers shall not exceed eight (8) in number. 2. Parking of vehicles longer than 20' in length is prohibited in the spaces closest to the access drives serving the site and immediately north of the building. 3. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 4. Special use permit approval is for truck or trailer storage and rental. No other special use permits are approved by this action. 5. The property owner shall repair and maintain the screen fence along the residentially zoned property in an appropriate manner and provide the necessary maintenance to contain pea rock on the applicant's property. 6. Approval of this application authorizes the parking of no more than four trucks over 20' in length on the site at any one time. 7. The applicant shall provide appropriate opaque screening for the dumpster so that it is properly screened from view. The motion passed with Councilmember Lhotka opposed. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES AND 10/24/88 4 AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE AND AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS INVOLVING THE PARKING OF CERTAIN VEHICLES The City Manager noted the first two ordinances were first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and were offered for a second reading g P g on August 8 1988. He noted the public hearings were opened on August 8, 1988, tabled to the September 19, 1988, meeting and then tabled indefinitely. He stated the first ordinance requires a four - fifths vote by the Council. He noted the third ordinance is offered this evening for a first reading. He explained staff has recently been advised that state law has been modified so as to make some of the proposed ordinance revisions regarding the parking of commercial vehicles in residential zones ineffective and perhaps, inoperable. He noted state law has been changed to allow persons to designate their desired vehicle classification rather than for particular vehicles to be classified uniformly in the various weight classifications. He stated if the Council is so inclined to approve the second ordinance, then they must also approve the first ordinance. The Director of Planning and Inspection briefly reviewed slides of different size trucks and their weights. The City Manager stated if the Council can describe the size limit they wish to enforce then staff will investigate it. Councilmember Lhotka stated he would like to see staff investigate an ordinance amendment using the height and length of a vehicle. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Requirements for Special Home Occupations Involving the Parking of Certain Vehicles. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:13 p.m. The City Manager stated the Mayor had to leave the meeting for another commitment and Mayor Pro tem Hawes would reconvene the meeting. RESOLUTIONS The City Manager presented a Resolution Establishing Water System Improvement Project No. 1988 -22, Accepting Proposal and Approving Contract (Well 10/24/88 -5- L_ d Reconditioning, Well Nos. 2 and 3). He noted well No. 2 is located at Brooklyn Boulevard and 63rd Avenue North, and well No. 3 is located at 69th Avenue North and Dupont Avenue North. RESOLUTION NO. 88 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -22, ACCEPTING PROPOSAL AND APPROVING CONTRACT (WELL RECONDITIONING, WELL NOS. 2 AND 3) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Appropriating Funds and Authorizing Purchase of Computer Aided Drafting (CAD) Work Station. He noted the money for this work station would be taken from the utility fund. Councilmember Theis asked what exactly the Ultimap system can do for the City. The Director of Public Works briefly explained the capabilities of the Ultimap system and noted 40% of the time it would be creating construction plans and 60% of the time it would be, drawing and producing maps. The City Engineer noted there would be approximately a two year conversion period for utility, traffic, and signage information. He noted based on Minneapolis and Maple Grove's experience it would take approximately 250 to 375 hours to put the water system into Ultimap. Councilmember Theis inquired exactly how long before the system was up and running in- house. The City Engineer stated it would be approximately two months. Councilmember Theis stated if this is approved he would like to see a report on what staff expects to be completed by the end of 1989. The Director of Public Works stated staff has specific goals set and would be happy to share them with the Council. RESOLUTION NO 88 -173 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS AND AUTHORIZING PURCHASE OF COMPUTER AIDED DRAFTING (CAD) WORK STATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1988 General Fund Budget and Authorizing the Contribution of $2,000 to the Association of Metropolitan Municipalities. He explained the Association of Metropolitan Municipalities has requested a contribution for computer data update and proposal development. He stated it is imperative the City update this information and gets it to the lobbyist to protect the City's best interest. RESOLUTION NO 88 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET AND AUTHORIZING THE CONTRIBUTION OF $2,000 TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES 10/24/88 -6- The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Authorizing he Ci of Brook Center g y � to Act as Contractor for a Grant and Authorizing the City Manager to Execute an Agreement. He noted the City would be acting as contractor for a crime prevention grant from the Department of Public Safety. RESOLUTION NO. 88 -175 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS CONTRACTOR FOR A GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Proposal to Construct Sidewalk on West Side of Humboldt Avenue North from 69th Avenue North to Approximately 180 Feet South (Project No. 1988 -17). The Director of Public Works stated both the property owner and leasee have indicated their willingness to approve the easement and have stated the executed easement will be delivered to the City in the next few days. He noted the resolution for approval is contingent upon receiving these easements. RESOLUTION NO. 88 -176 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO CONSTRUCT SIDEWALK ON WEST SIDE OF HUMBOLDT AVENUE NORTH FROM 69TH AVENUE NORTH TO APPROXIMATELY 180 FEET SOUTH (PROJECT NO. 1988 -17) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEM MNDOT FUNDING FOR TURNBACK IMPROVEMENTS TO WEST RIVER ROAD (OLD T H 252) FROM 66TH AVENUE NORTH TO 73RD AVENUE NORTH The Director of Public Works stated MNDOT has advised his office that funds are available for completion of this work. He noted money has been budgeted for similar improvements to a segment of West River Road in Brooklyn Park. He stated MNDOT has requested that the cities hire consultants to develop these plans and specifications with MNDOT providing reimbursement for its share of these costs. He added he would recommend that the consultant selection process be initiated as soon as possible in close cooperation with MNDOT and the City of Brooklyn Park. I 10/24/88 -7- A There was a motion by Councilmember Scott and seconded by Councilmember Theis to proceed with the consultant selection process. The motion passed unanimously. LICENSES Councilmember Hawes stated staff has already answered his questions regarding the license sheet. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT Boy Scouts /Rick Hartman 8028 Morgan Circle Brooklyn Center Lioness 5324 Oliver Ave. N. Brooklyn Center Lions Club 5907 Halifax Ave. N. Brooklyn United Methodist Church 7200 Brooklyn Blvd. Harmonettes /JoAnne Williams 3165 Carriage Dr. MECHANICAL SYSTEMS Energy Heating Services, Inc. Route 3, Box 170A Kleve Heating & Air Conditioning, Inc. 13075 Pioneer Trail Larson Mechanical 1509 Coon Rapids Blvd. Marsh Heating & Air Conditioning 6248 Lakeland Ave. N. Total Energy HVAC 8455 Center Drive N.E. RENTAL DWELLINGS Initial: Eugene Hanauska 6538 Brooklyn Blvd. ELR Systems, Inc. /Bob Kelly 7137 France Ave. N. Renewal: Lang Nelson Assoc. Twin Lake North Apartments Paul Hinck 4715 France Ave. N. Khalid Mahmud 5843 Fremont Ave. N. Timothy & Karen Pfingsten 6706 Grimes Ave. N. Delores Hanson 7210 Perry Court E. Delbert P. Burce 4741 Twin Lake Ave. Mrs Paul Enge 4748 Twin Lake Ave. Marlyn & Gale Kruse 2101 71st Ave. N. Victor & Jean Huang 3813 72nd Ave. N. SIGN HANGER Top Line Outdoor Advertising 1493 94th Ln. N.E. The motion passed unanimously. OTHER BUSINESS Councilmember Lhotka stated he has not been able to attend the Ramsey County LRT meetings. He would like to pass this obligation on to anyone else who is available. 10/24/88 -8- ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:13 p.m. City Clerk Mayor 10/24/88 -9- - t 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 NOVEMBER 7, 1988 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 Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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 Bo Spurrier, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Blaine Fluth, chairperson of the 1989 Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted he had received two requests to use the open forum session this evening. He noted both requests relate to agenda items, and he would like these individuals to speak during those items. He inquired if there was anyone else 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. No requests were made. RESOLUTIONS RESOLUTION NO. 88 -177 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -I (RELOCATION OF STORM SEWER BETWEEN 5806 AND 5812 HALIFAX AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -178 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER CRIME PREVENTION FUND 11/7/88 -1- I� The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -179 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -180 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE LCMR AND LAWCON FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 88 -181 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANFSER FUNDS FROM THE IMPROVEMENT BONDS OF 1969 DEBT SERVICE FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CHRISTMAS TREE SALES = Builders Square 3600 63rd Ave. N. Midwest Challenge, Inc. 5524 Brooklyn Blvd. N. P.Q.T. Company 5040 Brooklyn Blvd. N. P.Q.T. Company 5801 Xerxes Ave. N. ITINERANT FOOD ESTABLISHMENT Earle Brown PTA /Judy Sodeman 5900 Humboldt Ave. N. Rosary Alter Society 7025 Halifax Ave. N. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Nyquist stated he would like to defer the appointment of the Housing Commission chairperson to the next Council meeting. i s 11/7/88 -2- y There was a motion by Councilmember Hawes and seconded by Councilmember Theis to appoint Don Peterson to the Park and Recreation Commission. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Water System Improvement Project No. 1988 -20, Accepting Proposal and Approving Contract for Water Tower No. 2 Control Valve. RESOLUTION NO. 88 -182 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -20, ACCEPTING PROPOSAL AND APPROVING CONTRACT FOR WATER TOWER NO. 2 CONTROL VALVE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Establishing Traffic Signal Improvement Project No. 1988 -24 and Accepting Proposal for Engineering Services Relating to Installation of Traffic Control Signal Systems on Shingle Creek Parkway at Main Entrance to Brookdale Square. Mayor Nyquist inquired if Brookdale Square would be paying for the total cost of this project. The Director of Public Works responded affirmatively. He noted this resolution simply initiates the project. He explained the lights are needed due to the high traffic volume in this area, and staff feels this would be a good time to install the lights because of the proposed road reconstruction on County Road 10. RESOLUTION NO. 88 -183 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -24 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT MAIN ENTRANCE TO BROOKDALE SQUARE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Establishing Traffic Signal Improvement Project No. 1988 -25 and Accepting Proposal for Engineering Services Relating to Installation of Traffic Control Signal Systems on Shingle Creek Parkway at Freeway Boulevard. He explained staff would like to defer construction of this project to the summer of 1990. Councilmember Lhotka inquired approximately how much the project would cost and who would be paying for it. The Director of Public Works stated the traffic signals would cost between $75,000 and $80,000, and the geometric design would be $25,000 to $40,000. He noted the project would be paid for from MSA street funds. RESOLUTION NO. 88 -184 Member Bill Hawes introduced the following resolution and moved its adoption: 11/7/88 -3- RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -25 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AT FREEWAY BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 1 Regarding Animals. He noted this item was first read on October 10, 1988, published in the City's official newspaper on October 20, 1988, and is offered this evening for a second reading. He stated this amendment will allow him to waive certain fees in cases where an animal has not been claimed from the City's designated pound after a specified period of time. He explained there are two options before the Council this evening and staff is recommending Option b. He noted Option b was changed to better reflect the City's intent. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 1 Regarding Animals and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -18 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 REGARDING ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented An Ordinance Extending Interim Ordinance No. 87 -16 for the Purpose of Protecting the Planning Process and Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community Based Residential Facilities and Similar Uses in the City. He noted this item was first read on October 10, 1988, published in the City's official newspaper on October 20, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Extending Interim Ordinance No. 87 -16. Mayor Nyquist recognized Bill Wigdahl, 3007 Nash Road. Mr. Wigdahl stated he has a mentally ill son, and he feels the City s discriminating tin against the g g mentally ill by allowing the moratorium to continue. Mayor Nyquist stated the City is having two studies completed dealing with this issue. He noted the moratorium is being continued to allow completion of these studies and review by the Council. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. There being none, he entertained a motion to close the public hearing. g. 11/7/88 -4- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -19 Member Rich Theis introduced the following ordinance and moved its adoption: ORDINANCE EXTENDING INTERIM ORDINANCE NO. 87 -16 FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY BASED RESIDENTIAL FACILITIES AND SIMILAR USES IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He noted this item is offered this evening for a first reading. The Director of Planning and Inspection briefly reviewed the proposed ordinance and noted this ordinance will utilize three criteria for determining which vehicles can be parked in residential zones. He stated the maximum length, maximum height, and maximum gross vehicle weight will be used as the criteria. He then went on to review slides showing the length and height of different vehicles within the City. Councilmember Lhotka stated he would like to know the length of the longest van that is manufactured. He stated he feels it is larger than the one shown in the slides. Councilmember Scott pointed out it appears that buses would not be allowed to park at churches or schools. Mayor Nyquist recognized Kevin Smith, 6106 Quail Avenue North. Mr. Smith explained that he had recently started a business and would be required to remove his business vehicle from his residence if the ordinance were passed. Mr. Smith stated if he were required to store his vehicle off -site, he would basically be put out of business because he does not have the additional money to pay for storage space. He noted his vehicle is 10' high and 21' long. The City Manager stated staff would try to put together a list of companies which may allow Mr. Smith to store his truck on their property. Mayor Nyquist recognized Mr. Blaine Fluth who stated he would have a problem with the storage of buses at churches. The Director of Planning and Inspection stated additional exceptions could be written into the ordinance to allow for storage of buses at schools and churches. Councilmember Scott inquired if commercial vehicles would be allowed on the persons' property if they were stored inside a garage. The Director of Planning and Inspection stated they would not be allowed under these ordinance provisions. Councilmember Lhotka stated he would like staff to survey churches and schools to find out how many store buses on their property, and he would like more information regarding the length of the largest van being manufactured. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance and setting a public hearing date for December 5, 11/7/88 -5- 1988, at 7 :30 p.m. The motion passed with Councilmember Scott opposed. RECESS The Brooklyn Center City Council recessed at 8 :32 p.m. and reconvened at 8:48 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88019 SUBMITTED BY BUETOW AND ASSOCIATES INC. REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 20,000 SO FT OFFICE BUILDING FOR THE CITY COUNTY CREDIT UNION BETWEEN THE PARK NICOLLET MEDICAL CENTER AND THE LEARNING TREE DAY CARE CENTER The City Manager noted this item was recommended for approval b the Planning PP Y Commission at its October 27, 1988, meeting. Councilmember Theis stated he is on the supervisory committee for the credit union and would not be participating in any discussion or vote regarding this application. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of October 27, 1988, pages one and two. He briefly explained the application and noted there is not a public hearing required for this application. He stated the Planning Commission did recommend approval of this application subject to 11 conditions which he reviewed for the Council. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Planning Commission Application No. 88019 submitted by Buetow and Associates, Inc. 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 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. 11/7/88 _6_ I w 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. The plans shall be revised prior to consideration by the City Council to indicate the following: a) Two additional Black Hills Spruce on the landscape plan. b) A separate grading, drainage, and utility plan showing the first floor elevation at 851' and also showing City utilities (size and location) in Earle Brown Drive. Drainage calculations for the 5- year and 100 -year storms shall be submitted to and approved by the City Engineer prior to the issuance of building permits. The motion passed. Councilmember Theis abstained from the vote. DISCUSSION ITEMS AFFIRMATIVE ACTION PLAN The City Manager explained Minnesota statutes were recently revised which require the City to have a certificate of compliance, issued by the Commissioner of the Minnesota Department of Human Rights, pertaining to an affirmative action plan. He noted without this certificate state funds will not be released to the City. He explained the greatest impact on the City of Brooklyn Center for noncompliance is in the area of Minnesota state aid funds for roads. Mayor Nyquist stated he would like to layover approval of this item to allow for more review time. The Personnel Coordinator stated the City must have the plan submitted to the state by December 1, 1988. She added the Council does have time to layover this item until the next Council meeting but added time would be short after that meeting. The City Manager explained these are goals which the City would try to reach, but the City is not required to meet the goals. He added he would have this item put on the agenda for the November 21, 1988, meeting. STATUS AND IMPACT OF BFI VS. HENNEPIN RECYCLING GROUP LAWSUIT AND REVIEW OF RECYCLING CONTRACT NEGOTIATIONS The City Manager explained the City can work around the BFI lawsuit and go on with a separate recycling program. He noted this will create some coordination problems. He explained if the City wished to coordinate garbage and recycling pickups, the program would most likely start in June or July. He stated staff is recommending the two programs be coordinated so the City does not get off to a bad start. Councilmember Lhotka inquired when the City must comply to the state law. The City Manager stated the City must have submitted a plan by 1989 and have the plan in place during 1989. He added the County has stated they will not pursue Brooklyn Center if we are under a lawsuit. Councilmember Lhotka stated he would like to see that statement in writing. He added that he is in favor of starting the program as a coordinated effort even if it means starting 11/7/88 -7- in June or July. Councilmember Hawes agreed it would be best to take the extra " time and start the program correctly. PARK AND RECREATION COMMISSION RECOMMENDATIONS REGARDING BICYCLE TRAIL PLAN The City Manager explained in September of 1988, the Park and Recreation Commission recommended "concept approval" of a bicycle trailway plan. He noted this proposed plan was included in the Council's agenda packet. The Director of Public Works briefly reviewed the report and proposed plan for the Council. Councilmember Lhotka inquired what a ballpark figure would be if the City were to complete everything on the plan at one time. The Director of Public Works stated it would be between $3 million and $5 million. He explained if the trailway changes and improvements were combined with other street improvement projects, the total cost of the trailway plan could be cut in half. He noted, however, this would take a number of years to complete, and the City would have to wait for the street improvement projects to create the opportunities for the trailway system. There was a motion by Councilmember Theis and seconded by Councilmember Scott approving the concept of the trail plan. The motion passed unanimously. RESOLUTION NO. 88 -185 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THAT THE MINNEAPOLIS PARK BOARD COMPLETE THE MISSING LINK OF THE REGIONAL TRAILWAY SYSTEM BETWEEN THE PENN AVENUE BRIDGE AND THE NORTH MINNEAPOLIS CORPORATE LIMITS (AT 53RD AVENUE NORTH EXTENDED) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. NUISANCE ORDINANCE AMENDMENTS The City Manager briefly reviewed the other nuisance ordinance amendments which have been proposed over the past 12 months. He inquired what further action the Council would like to take on these amendments. Councilmember Lhotka stated he would like to see these amendments pursued, and he would also like to see the City implement a policy or ordinance which would require driveway aprons from the street to the driveway to be paved. EXECUTIVE SESSION The City Manager stated following adjournment of the Council meeting, there would be an executive session to update the Council on the Bill Kelly House lawsuit. BEER AND WINE LICENSE - CHING RESTAURANT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the beer and wine license for the Yen Ching Restaurant. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:45 p.m. City Clerk Mayor 11/7/88 -8- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 8, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Dean Nyquist at 10 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, and Administrative Aid Patti Page. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns from the various City precincts, reporting ballots cast in the City of Brooklyn Center contests as follows: Office of City Council Member Ballot Count William H. Hawes 3,013 Kristen C. Mann 5,602 Todd Paulson 7,334 Jerry Pedlar 7,020 write- ins - Councilmember 126 RESOLUTION NO. 88 -186 Upon completing the election canvass member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF NOVEMBER 8, 1988, GENERAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:33 p.m. City Clerk Mayor 11/8/88 -1- - 7d 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 NOVEMBER 21, 1988 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 Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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 Bo Spurrier, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Elaine Bernards. 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 Lhotka requested item 7b be removed from the consent agenda. RESOLUTIONS RESOLUTION NO. 88 -187 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING STREETSCAPE WORK PERFORMED UNDER CONTRACT 1986 -S (EARLE BROWN FARM PHASE III STREETSCAPE, LANDSCAPING) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -188 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 19SR -G (1988 DISEASED TREE REMOVAL PROGRAM) 11/21/88 _1- I The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -189 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) COMPACT POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT Hickory Farms Kiosk Brookdale Mall RENTAL DWELLINGS Initial: James Diorio 7031 Morgan Ave. N. Joe Semler 6820 Fremont Ave. N. Joe Semler 6824 Fremont Ave. N. Renewal: Real Estate Equities Brookside Manor Apartments Harrington Properties Hi Crest Apartments Gary Lyons /Gar -Nan Management Co. Humboldt Courts Eugene J. Sullivan 5329, 33 Brooklyn Blvd. Jill M. Sherritt 5235 Drew Ave. N. Ronald Nyberg 5301 Dupont Ave. N. Randall D. Tyson 5137, 39 France Ave. N. Gene Anderson /C &C Properties 5812 James Ave. N. Daniel & Georgette Kitchin 5601 Logan Ave. N. John W. Schroeder 5312 Oliver Ave. N. Allan & Vicki Olson 7111 Riverdale Rd. Jenny Christiansen 5400 Sailor Lane N. Richard Dawson 3955 69th Ave. N. The motion passed unanimously. APPROVAL OF MINUTES - OCTOBER 10 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the October 10, 1988, City Council meeting. The motion passed. Councilmember Lhotka abstained from the vote. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving and Adopting the City of Brooklyn Center's Equal Opportunity /Affirmative Action in Employment Policy. Councilmember Theis inquired if this was the same plan that was submitted two weeks ago. The Personnel Coordinator responded affirmatively. Councilmember 11/21/88 -2- Theis inquired if there has been any changes or reference made to the apprentice program. The Personnel Coordinator stated it is referenced in the plan for certain positions, but there is no separate apprentice program. Councilmember Theis stated he feels this plan is lacking in this area. He stated he believes the City should be taking a step in the direction towards training minorities for higher level positions.. The EDA Coordinator entered the meeting at 7:06 p.m. Mayor Nyquist inquired what changes in procedures would occur after implementation of this plan. The Personnel Coordinator stated the City is currently performing at this level, however, it would be possible to notify a few more minority agencies with job postings. Mayor Nyquist inquired if it would be possible to make a change in wording on page two, section two, paragraph three, so the paragraph would read "the City of Brooklyn Center will commit the time and resources, reasonably necessary, both financial and human, to achieve the goals of equal employment opportunity and affirmative action." The City Attorney stated he did not believe this would create a problem. RESOLUTION NO. 88 -190 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND ADOPTING THE CITY OF BROOKLYN CENTER'S EQUAL EMPLOYMENT OPPORTUNITY /AFFIRMATIVE ACTION IN EMPLOYMENT POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Theis opposed. The City Manager presented a Resolution Reducing the Earle Brown Days Committee Account Receivable for Constitution Hall Signage. Councilmember Lhotka inquired what the unanticipated expenses were that the Earle Brown Days committee incurred. The City Manager stated the committee inadvertently paid for security expenses which the City would normally have covered. RESOLUTION NO 88 -191 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REDUCING THE EARLE BROWN DAYS COMMITTEE ACCOUNT RECEIVABLE FOR CONSTITUTION HALL SIGNAGE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Proposal for Engineering Services Relating to Water System Improvement Project No. 1988 -23 (Reconditioning of Well No. 8 - Located at Camden Avenue North and Woodbine Lane). Councilmember Scott inquired what else could possibly go wrong with this well. The Director of Public Works stated he could not imagine any other problems with this well unless there was an underestimation of costs for the amount of bailing and gravel packing needed. He noted they tried to use the worst case scenario in developing these estimates. Councilmember Scott inquired what kind of guarantee is the contractor making about this work. The Director 11/21/88 -3- r of Public Works stated the City's consultant, Short - Elliott- Hendrickson, Inc. has stated this is a very sure fire way of constructing a well. Councilmember Theis asked what the cost would be for abandoning this well and moving the equipment to a new location to start over. The Director of Public Works stated it would be approximately $650,000. He noted most of the equipment would not be salvageable with the exception of a few pumps and other mechanical equipment. He added the pumps' and other mechanical equipment would most likely not be the same size as what the City would want to install in a new well. There was a discussion regarding the proposed work to be done on this well. RESOLUTION NO. 88 -192 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -23 (RECONDITIONING OF WELL NO. 8 - LOCATED AT CAMDEN AVENUE NORTH AND WOODBINE LANE) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88020 SUBMITTED BY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL FOR RESTORATION AND RE -USE OF THE EARLE BROWN FARM AS AN EXHIBIT /BANQUET HALL RESTAURANT OFFICE SPACE AND BED AND BREAKFAST COMPLEX AND PLANNING COMMISSION APPLICATION NO. 88021 SUBMITTED BY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY REQUESTING SPECIAL USE PERMIT APPROVAL TO HAVE OFF SITE ACCESSORY PARKING FOR THE EARLE BROWN FARM LOCATED ON THE SITE OF BROOKDALE CORPORATE CENTER III 6160 SUMMIT DRIVE AND PLANNING COMMISSION APPLICATION N0. 88022 SUBMITTED BY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY REQUESTING AN INTERIM VARIANCE TO ALLOW A 5 FT GREENSTRIP ADJACENT TO EARLE BROWN DRIVE AT }THE EARLE BROWN FARM 6105 EARLE BROWN DRIVE ETC. The City Manager noted these three items are related and were all recommended for approval by the Planning Commission at its November 10, 1988, meeting. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of November 10, 1988, pages four through six. He noted the property is located in an I -1 zone, and all proposed uses are special uses within this I -1 zone. He went on to review the site and noted the landscape plan has three times the number of points required by the Planning Commission landscape point system. He explained Planning Commission Application No. 88020 was recommended for approval with 13 conditions which he proceeded to review for the Council. He noted public hearings are scheduled for all three applications. Councilmember Lhotka inquired if in the future a parking ramp is needed, where will the people park while the ramp is being constructed. The City Manager stated management would have to plan the uses very carefully during construction of the ramp and try to utilize the building during off -peak hours as much as possible. The EDA 11/21/88 -4- Coordinator stated development of the farm is pretty much on schedule. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 88020, 88021, and 88022. He inquired if there was anyone present who wished to speak at the public hearings. No one requested to speak, and he entertained a motion to close the ublic hearing. P There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the ublic hearing on p g Planning Commission Application Nos. 88020, 88021, and 88022. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88020 submitted by the Brooklyn Center Economic Development Authority subject to the following condition: 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 by the contractor prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The buildings are 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 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 with the exception of the circular drive -up to the bed and breakfast which may have surmountable curb. 9. The contractor 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. 11/21/88 -5- 11. The special use permit acknowledges office, transient lodging, restaurant and exhibit/banquet hall uses. No other uses are comprehended. 12. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 13. Plan approval acknowledges approval of Application No. 88022, an interim variance from the 15' greenstrip requirement until the partial vacation of Earle Brown Drive. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Planning Commission Application No. 88021 submitted by the Brooklyn Center Economic Development Authority. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 88022 submitted by the Brooklyn Center Economic Development Authority subject to the following condition: 1. The City will continue to use all means necessary to acquire the underlying rights to Tract H, R.L.S. No. 1380 in order to accomplish a partial vacation of the Earle Brown Drive right -of -way from 80' to 60'. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Improvement Project No. 1988 -26 (Phase 2 -B Plantings at Centerbrook Golf Course), Accepting Proposal for Landscape Architectural Services Relating Thereto, and Authorizing a Capital Funds Appropriation Therefor. Councilmember Scott asked when these trees would be planted. The City Manager stated in the spring of 1989. RESOLUTION NO. 88 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1988 -26 (PHASE 2 -B PLANTINGS AT CENTERBROOK GOLF COURSE), ACCEPTING PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES RELATING THERETO, AND AUTHORIZING A CAPITAL FUNDS APPROPRIATION THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Establishing Improvement Project No. 1988 -19 (Trailway Construction along North Lilac Drive from Centerbrook Clubhouse to 57th Avenue North), Accepting Proposal for Landscape Architectural Services Relating Thereto, and Appropriating Municipal State Aid Street Funds Therefor. 11/21/88 -6- RESOLUTION N0, 88 -194 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1988 -19 (TRAILWAY CONSTRUCTION ALONG NORTH LILAC DRIVE FROM CENTERBROOK CLUBHOUSE TO 57TH AVENUE), ACCEPTING PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES RELATING THERETO, AND APPROPRIATING MUNICIPAL STATE AID STREET FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Appropriating Forfeited Property to the Police Department Training Budget. Councilmember Lhotka stated he would like staff to inform the Council whenever funds are being transferred to the training budget because of forfeiture. The City Manager stated he would be sure to send the Council a report. RESOLUTION NO. 88 -195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FORFEITED PROPERTY TO THE POLICE DEPARTMENT TRAINING BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PRIVATE KENNEL LICENSE - 5729 BRYANT AVENUE NORTH The City Manager noted the health department is recommending renewal of this private kennel license for its final year. He noted this license would expire on October 1, 1989, and at this time the owner would be required to comply with City Ordinance, Section 1 -108. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the private kennel license for Mr. James Zimmer at 5729 Bryant Avenue North. The motion passed unanimously. CHARITABLE GAMBLING LICENSE - LIONS CLUB The City Manager noted the Brooklyn Center Lions Club has filed an application for a charitable gambling license to operate a pull -tab booth at the Day's Inn. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to not object to the issuance of a pull -tab charitable gambling license for the Lions Club at the Day's. Inn and authorizing the waiver of the 60 day waiting period. The motion passed with Councilmember Lhotka opposed. DISCUSSION ITEM MEETING DATES FOR 1989 The City Manager noted in planning the Council meeting dates for 1989 there was some problems when trying to avoid the holidays in November and December. He noted as required by the City's Charter the first meeting would be held on January 3 which is the first business day of the year. He added the City Council may want the Charter Commission to seek an amendment to allow the 11/21/88 -7- swearing in of new officials at the first regular Council meeting of the year. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the list of meeting dates for 1989. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:16 p.m. City Clerk Mayor i 11/21/88 -8- APPLICATION i FOR APPOINTMENT TO THE BROOKLYN CENTER HOUSING COMMISSION Name O' To P ' �! Address 7 2 � ^� - �� n� Telephone 2 8 7 _ Occupation 6 1 " '�oy A"Ar"' SI�fCS tnu �e►^ Years lived in Brooklyn Center V Pcfr� I am interested in serving on the Housing Commission as a representative of: the Northeast Neighborhood the Northwest Neighborhood the Central Neighborhood the West Central Neighborhood the Southwest Neighborhood at large representative I have read the Housing Commission Enabling Resolution (Resolution No. 77 -22), which defines the purpose, authority and responsibility of the Brooklyn Center Housing Commission and the Neighborhood Advisory Committees. Yes No Comments I understand the importance of regular Commission /Committee meeting attendance and participation, and feel I have the time available to be an active participant. Yes –'4— No Comments Additional comments on my interest, experience, background, ideas, etc. C'eaY ,a 1!i'r�c ys Signature Date Submit to: Mayor Dean Nyquist City of Brooklyn Center i � 6301 Shingle Creek Parkway �d l Brooklyn Center, MN 55430 V L CITY OF BROOKLYN CENTER Council Meeting Date 12 -5 -88 Agenda Item Number Q, ., REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: i RESOLUTIONS RELATED TO COMMUNITY ENERGY PROGRAMS DEPT. APPROVAL: A4&xkqle� Personnel Coordinator S' nature - title MANAGER'S REV] EVRECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached - History ® April 25. 1988 - The city council was introduced to the community energy programs (home energy checkups and house doctor, the latter of which is now known as project air) and directed staff to pursue participation in these programs funded by grants from the Minnesota Department of Public Service (DPS), Energy Division; NSP; and Minnegasco. The council also directed staff to work cooperatively with the cities of Golden Valley and Crystal in pursuing participation. May 9. 1988 - The city council passed resolution 88 -67 which authorized the City of Brooklyn Center to act as lead community in initiating a joint agreement with the cities of Crystal and Golden Valley for the governor's community energy program. Subsequently, a grant application was submitted to the DPS, and $48,583 has been appropriated for administrative costs of the programs in the three cities. The city council also passed resolution 88 -68 designating Barbara Jensen and Todd Paulson to serve as Brooklyn Center's representatives on the community energy council (CEC), which has since met four times to review the details of the energy programs. CURRENT STATUS The next step in the process is for the City to enter into agreements with all participating parties. Following is a list of the agreements and a brief explanation of the purpose of each. 1. State of Minnesota, Department of Public Service $48,583 is available to the three cities to cover administrative costs of the community energy programs. These funds will pass through the City of Brooklyn Center to West Hennepin Human Services Planning Board (WHHSPB), the agency responsible for administration of the programs. I�- 2: West Hennepin Human Services Planning Board This agreement allows the State's funds to pass on to WHHSPB. Most of the language from the City's agreement with the State is included in the Ci ty g 's agreement with WHHSPB. 0 3. Northern States Power and WHHSPB Funding is available from NSP for home energy checkups to be conducted in Brooklyn Center. An energy checkup will " be done in participating homes and weatherization materials valued at approximately $20 will be left in most homes. Each customer will be billed $10 for the audit; however, this fee will be waived for disadvantaged households (lower - income, elderly, handicapped, or single parents). The audits will be conducted by staff of WHHSPB. 4. Minnegasco and WHHSPB $20,500 is available from Minnegasco for project air to be conducted in Brooklyn Center. This program will be available to low income homeowners who are Minnegasco residential heating customers. The purpose of this program is to reduce air infiltration, install /replace or recommend replacement/installation of insulation, and improve or recommend improvements to heating and domestic hot water system efficiency. There will be no charge to customers; however, the value of each completed project is approximately $410. WHHSPB will be responsible for administering project air, and the actual work will be subcontracted to the lowest responsible bidder with experience in such a program. The city attorney has reviewed all four contracts and language changes were made as recommended by him. Director of Finance Paul Holmlund has reviewed the liability sections of each contract with the City's risk management consultant to ensure the City is appropriately covered. RECOMMENDED CITY COUNCIL ACTION Pass the following resolutions: 1. Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with the State of Minnesota, Department of Public Service, for a Community Energy Program • 2. Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with West Hennepin Human Services Planning Board for a Community Energy Program 3. Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with Northern States Power Company and West Hennepin Human Services Planning Board for a Community Energy Program (Home Energy Checkups) 4 Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with Minnegasco and West Hennepin Human Services Planning Board for a Community Energy Program (Project Air) 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SERVICE FOR A COMMUNITY ENERGY PROGRAM WHEREAS, Brooklyn Center Resolution No. 88 -67 authorized the City of Brooklyn Center to act as lead community in initiating a joint agreement with the cities of Crystal and Golden Valley for the Governor's Community Energy Program to be funded by Minnegasco, Northern States Power, and the State of Minnesota's Department of Public Service, Energy Division; and WHEREAS, the State of Minnesota's Department of Public Service, Energy Division, has appropriated $48,583.00, as empowered by Minnesota Statutes, Section 216C. 381, to provide financial assistance to the cities of Brooklyn Center, Crystal, and Golden Valley to implement community energy programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the mayor and city manager are hereby authorized to enter into an agreement with the State of Minnesota, Department of Public Service, for a community energy program. BE IT FURTHER RESOLVED that the City of Brooklyn Center enters into this agreement on behalf of the cities of Brooklyn Center, Crystal, and Golden Valley for community energy programs. 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 against the same: whereupon said resolution was declared duly passed and adopted. e> STATE Of MQNNUOTA GRUC ) ww A�,w.1 O.Y. �M06" w. v«w. »w. ivs. 77a =!7 Co. Co. Ad* 845230 80500 9 U d ' 8 00/ oa ow • A�wriw tom. 48 583.Ot� 01 TYfE Of TRANSACTION: tiA C3 Aft 0 I I&I I 4aS/5 _ Ento by I Q Aw Cl *As p Ate o.w Enwtd by NOTICE TO GRANTEE You are required by Minnesota Statutes, section 270.66 to provide your Social Security number or Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require You to file state tax returns and pay delinquent state tax liabilities. This grant will not be approved unless these numbers are provided These numbers will be available to federal and state personnel involved in the payment of state obligations. THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is between the State of Minnesota (STATE), acting through its Minnesota Department of Public Service (DPS), and if and the Cities of Crystal and Golden Valley, Address 6301 Shine e Creek Parkway, Brooklyn Center, 55 43U Soc. Sec. or MN Tax I.D. No. Federal Employer I.D. No. (if applicable) , (GRANTEE), witnesseth that: WHEREAS, DPS is empowered by Minnesota Statutes, Section 216C.381 to provide financial assistance to communities to establish community energy councils and implement community energy programs: and WHEREAS, GRANTEE prepared and submitted according to pertinent rules and guidelines a Project proposal for a(n) Brooklyn Center, Crystal and Golden Valley Community Energy Cons ervation (PROJECT), attached hereto as Attachment A, which has been assessed as to its merit, significance, reasonableness and importance to Minnesota by knowledgeable and impartial experts; and WHEREAS, GRANTEE represents that it is duly qualified, willing and prepared to undertake and complete the PROJECT described in Attachment A; and WHEREAS, DPS and the GRANTEE desire to formally agree upon the performance of the PROJECT described herein; NOW, THEREFORE, IT IS AGREED by and between the parties as follows: I. TERMS OF PERFORMANCE The objectives, scope, and methods of the PROJECT are stated in Attachment A. II. CONSIDERATION AND TERMS OF PAYMENT In consideration of all tasks performed and goods or materials supplied by the GRANTEE pursuant to this agreement, the STATE shall Pay for all actual, allowable costs incurred by the GRANTEE under the terms of this Agreement, not to exceed the sum of Forty -Eight Thousand Five Hundred Eighty Three and no /100 dollars ( 148,583.00 ) The STATE shall make payment as stated in Attachment 8. III. AGREEMENT PERIOD This contract shall be effective upaie thre date of encumbrance by the Commissioner of Finance and shall remain in effect until December 31. 1990 or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. IV. STATES AUTHORIZED AGENT The STATE'S authorized agent for the purposes of administration of this Agreement is Mark Schoenbawn V. OTHER PROVISIONS (Check one.) _. Other provisions to this Agreement are attached and incorporated herein as Attachment None. Page 1 Q r VI. REPORTS A. The GRANTEE shall present reports to the Commissioner of DPS (COMMISSIONER) or the State's authorized agent named in paragraph IV. At the COMMISSIONER'S discretion, they may be presented at public meetings where the GRANTEE shall be available to explain the PROJECT and to respond to questions from the COMMISSIONER and the public. B. The GRANTEE shall submit to the department on the first of each month a one to two page report briefly stating the activities that have taken place during the previous month. The GRANTEE shall provide the department with three copies of final report and financial statement, describing all activities that took place during the grant period. The final report must summarize planning and implementation steps in chronological order and identify all parties involved during the grant period. VII. FINANCIAL PROVISIONS A. ALLOWABILITY OF COSTS: Allowability of costs incurred under this Agreement shall be determined in accordance with the procedures and principles given in the federal publications "Office of Management and Budget Circular A -102," as amended, and "Office of Management and Budget Circular A -87,' as amended. B. ACCOUNTS: The GRANTEE shall maintain books, records, documents, and other evidence pertaining to the costs and expenses of implementing this grant to the extent and in such detail as will accurately reflect all net costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature. The GRANTEE shall use generally accepted accounting and auditing principles. C. EXAMINATION AND AUDIT OF ACCOUNTS AND REPORTS: The Legislative Auditor, DPS or their representatives shall have the right to examine the books, records, documents, and other evidence and accounting procedures and practices of the grantee, sufficient to reflect properly all direct and indirect costs. The GRANTEE shall make available at the office of the GRANTEE at all reasonable times before and during the period of records retention, proper facilities for such examination and audit. D. RETENTION OF RECORDS: The GRANTEE shall preserve all financial and cost reports, books of account and supporting documents, and other data evidencing costs allowable and revenues and other applicable credits under this grant which are in the possession of the GRANTEE and relate to this grant, for three years after final payment under this grant. Records relating to any exception taken as a result of inspection or audit, or any litigation or claim arising from this contract, shall be retained until such exception, litigation or claim has been completely disposed. E. TITLE AND DISPOSITION OF EQUIPMENT: "Equipment" as used herein, means nonconsumable personal property to be used in the performance of this Agreement, having an aquisition cost of three hundred dollars ($300) or more and a useful life expectancy of greater than one year. All such equipment must be accounted for throughout the PROJECT period. Accountability may be satisfied by continued use of the equipment during its useful lifetime in the PROJECT. Title to equipment purchased with PROJECT funds resides with the GRANTEE. However, the State, within six months of the termination of this Agreement, reserves the right transfer title to such equipment to another GRANTEE or to the State of Minnesota. F. INTEREST: GRANTEE will use all interest earned on funds granted herein for eligible purposes consistent with this Agreement. VIII. CANCELLATION This Agreement may be canceled at any time by either party upon thirty days written notice. In the event of such cancellation, the GRANTEE shall prepare and deliver a final report summarizing the work performed and the results obtained to date, together with available information and items which, if the PROJECT had been completed, would have been required to be furnished to DPS. In accordance with Attachment B as incorporated into provision II, CONSIDERATION AND TERMS OF PAYMENT, the GRANTEE shall remit any funds not expended in pursuance of the PROJECT. IX. AMENDMENTS Any amendments to this agreement shall be in writing, and shall be executed by the same parties who executed the original contract, or their successors in office. X. ASSIGNMENT The GRANTEE shall not transfer or assign to any party or parties any right(s), obligation(s), or claim(s) under this contract without prior written consent of the STATE. Page 2 �-s XI. LIABILITY The GRANTEE agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action arising from the performance of this contract by the GRANTEE or its agents or employees. This clause shall not be construed to bar any legal remedies the GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this agreement. XII. PUBLICATION AND OTHER RIGHTS IN DATA A. The term "Subject Data" as used herein includes curriculum materials, reports, writings, sound and video recordings, pictorial reproduction, drawings, or other graphical representations, and works of any similar nature which specifically are to be delivered under this Agreement. The term does not include financial reports cost analyses, and similar information incidental to project administration. B. Subject to the limitations of (D) below, DPS may duplicate, publish, use, and disclose in any manner for any authorized DPS activity and have others so do, all Subject Data deliverable under this Agreement. C. All Subject Data published by either the GRANTEE or DPS shall give credit to the other party's participation in the PROJECT. D. In the event that the GRANTEE secures a copyright, the GRANTEE agrees to and does hereby grant to DPS and to its officers, agents, and employees acting within the scope of their official duties, a royalty -free, non - exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so for use by the state, its divisions, instrumentalities, and local subdivisions, all Subject Data now or hereafter covered by copyright. E. With respect to such Subject Data not prepared in the performance of this Agreement but which is incorporated in the work furnished under this Agreement, such license shall be only to the extent that the GRANTEE, its employees or any individual or concern employed or assigned by the GRANTEE to originate and prepare such data under this Agreement now has, or prior to completion or final settlement of this Agreement may acquire, the right to grant such license without becoming liable to pay compensation to others. The GRANTEE shall exert all reasonable efforts to advise DPS, at the time of delivery of the Subject Data furnished under this Agreement, of all portions of such Data copied from work not composed or produced in the performance of this Agreement and not licensed under this clause. The GRANTEE shall report to DPS, promptly and in reasonable written detail, each notice or claim of copyright infringement received by the GRANTEE with respect to all Subject Data delivered under this Agreement. On receipt of this information the parties hereto agree to confer to determine future uses to be made of the Subject Data. XIII. NONDISCRIMINATION A. The GRANTEE will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. 'The GRANTEE will, in all soliciations or advertisements for employees placed by or on behalf of the GRANTEE state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. The GRANTEE will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the GRANTEE'S commitments under this non - discrimination clause and shall post copies of this notice in conspicuous places available to employees and applicants for employment. C. In the event of the GRANTEE'S noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be declared cancelled, terminated, or suspended in whole or in part and the GRANTEE may be declared ineligible for further contracts with the STATE. D. AFFIRMATIVE ACTION (When applicable) GRANTEE certified that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, section 363.073. Page 3 I Q XIV. WORKER'S COMPENSATION Pursuant to Minnesota Statutes, section 176.182, the GRANTEE affirms that it is in compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, section 176.181, subdivision 2. The GRANTEE shall provide such evidence to the STATE upon request. XV. ANTITRUST The GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and /or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVI. AUDIT REQUIREMENTS For subrecioients who are STATE (including Indian tribes) or local governments If the grantee receives total direct and indirect federal assistance of: A. $100,000 or more per year, the GRANTEE agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L. 98 -502) and Office of Management and Budget (OMB) Circular A -128. The law and circular provide that the audit shall cover the entire operations of the GRANTEE government or, at departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. However, if the GRANTEE government received $25,000 or more in General Revenue Sharing Funds in a fiscal year, it shall have an audit of its entire operations. B. Between $25,000 and $100,000 per year, the GRANTEE agrees to obtain either: 1. A financial and compliance audit made in accordance with the Single Audit Act of 1984 and OMB Circular A -128 or 2. A financial and compliance audit of all federal funds. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the STATE or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. For subrecioients who are institutions of higher education hospitals or other nonprofit organizations If the GRANTEE receives total direct and indirect federal assistance of $25,000 or more per year, the GRANTEE agrees to obtain a financial and compliance audit made in accordance with OMB Circular A -110 (or a federal law or OMB circular that supersedes Circular A -110). The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. Audits shall usually be made annually, but not less frequently than every two years. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting office's Standards for Audit of Governmental Organizations Programs Activities and Functions The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A -128 (or A -110 as applicable). The audit report shall include: A. The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic Assistance Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance". Page 4 B. The auditor's report on the study and evaluation of internal control systems s must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and regulations. It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. C. The auditor's report on compliance containing: 1. A statement of positive assurance with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursements; 2. Negative assurance on those items not tested; 3. A summary of all instances of noncompliance; 4. An identification of total amounts quentioned, if any, for each federal assistance award, as a result of noncompliance; and 5. A statement on the status of corrective action taken on prior findings. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken prior to the findings. If correction action is not necessary, a statement describing the reason it is not should accompany the audit report. The GRANTEE agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor shall have such access to GRANTEE' records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A -110. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the GRANTEE's fiscal year end. If a federal cognizant audit agency has been assigned for the GRANTEE, copies of required audit reports will be filed with that agency also. XVII. The GRANTEE, if a public agency, as defined in Minnesota Statutes, section 166.101, subdivision 2,shall insure that materials used on this project shall conform with the provisions of Minnesota Statutes, section 16B.101 (Buy American Act). IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: As to form and execution by eM (D CONTRACTOR: ® ATTORNEY GENERAL: (If a oortloration, two Corocrate offices must execute.) w ar i Title of" Doer Q COMMISSIONER OF ADMINISTRATI ev e!' (wenarlaoO rynoevnl Title Dam Dote STATE AGENCY OR DEPARTMENT: ® COMMISSIONER OF FINANCE: aY (eutnerl"ll •enoewo) ar (aneu wsnee Cater outrierl"d elnoeun) Tate D Does FqE S Attachment A Page 1 e r c. �? PROJECT INFORMATION 2. problem statement (Describe the problem this project is expected to address.) Currently very little effort is being undertaken to promote energy conservation in the suburbs of west and northwest Hennepin County. What effort is being undertaken is on a city by city basis. While programs are offered ` in some of the cities very little may be available in a neighboring city. in addition the _opportunities that are a v a i l a b l e are not community based and thus less likely to be used by the community. Another problem facing low income households is the continued cutbacks in the energy assistance program, the lack of coordination between the various agencies established to serve these groups, the history of energy crises marry of these households face and the feeling that they have no control over their energy costs. The specific problems this project would address are: the low level of community awareness concerning energy conservation, ion, the reluctance of househ t incorporate conservation ion pract ices into their dally .lives, the lack of ski lls by many househo on installing lo w cost energy conservation materials in their (homes and the need for (Many low income ho u<_set lds to incorporate energy conservation practices into their dai lives. 2.2 Troj objectives, including quantitative indicators, such as numbers of homes or 'businesses served. 4111 H me Energy Check .=r"! gram Objectives: 1. To provtce a _!_ticx, pract audit to r esidents of the participating communit 2. To pr'ov :d= hands instructio to community resident's aoout weatherizat ion techniques and needs. 3. :here app'• "ori`l't? to install weatherization materials f or those such as the handicapped or 'senior citizens who would not be able to do the work t t e C' 7'a e l v e'er :. 4. To pr v i d e information b ut s e n s i b l e maj or conservation investments and funding sources where appr� �rpiate. T. To c _duct follow-up calls to encourage the residents to undertake further wea.theri: at ion when appropriate, answer additional questions, etc. G. When appropriate to make referrals to the House Do ctor Program. 7. To provide a total of 600 Home Energy Check -ups t� � the three participating communities from September, 1988 t� � September, 1990. These are divided among the cities as follows: 9/88 -9/89 9/89-9/90 Brooklyn Center 10 125 Crystal 115 100 Golden Valley so 50 II. House Doctor Program =valuation: 1. To provide at a minimum ho usedocto ring services to a total of 130 single Tamil` ho=me owners in the three participating communities. S � , P These will be divided as follows: 50 to Brooklyn Center, 50 to Crystal and 3 0 to Golden Va i t is hoped that this may be increased through negotiations with Minnegasco. Attachment A Page 2 �• she ' bjwc l- s '_'F tale program w ill be to reduce air infiltration into the structures by an average as yet to be determined. This will be astatlished in negotiations with Minnegasco No household shall be reduced lower than a LR of 3.0 to ensure that the house remains above nationally recognized safe ventilation levels. Another objective will be the education component. The technician who does the conservation improvements will show willing homeowners how to install some of the conservation materials so that the homeowner can replace materials as necessaray. Additional consultation will be provided suggesting Further conservation techniques and life style changes. Assistance will be provided in locat financial resources to undertake these improvements when requested. 4. To ondartake follow -up interviews with participants concerning h� useho lit satisfaction, h� use"t� old participation, household savings and the impact of the program on high energy consumers. _H.C_mmer-_i.al F'udits. _. To monitor the activities of the Department of Public Service and Northern States Power as they develop methods for providing commercial t audits _ small a u s i r•r •a s e s. 2. Based upon the above went ionned activities to develop a small business audit component for implementation during the second year of the grunt. IV. Mi_lsi- family Audits; 1. To undertake the develooment of an audit program for buildings of 2 -4 units using current Rcs audit program techniques. 2. _used on the outcomes of the above ooject ive to expand the effort to larger units Cup to i` units) . V. Energy Coordination and Education Project: t _ 1. T develop plans for the implementation of a project to assist low income household's who are nigh energy consumers or who have chronic problems with utility bill arrsarages which lead to shutoff sit c. The objectives of the program would be to provide these services in the cities of Brooklyn Center, Crystal, golden Valley and Robbinsdale: *To help clients become energy self- sufficient by making their fuel bil affordable and helping them off of crisis assistance programs. *To pro basic energy c onservation educat to progra part *To provide a coordinated service delivery mechanism for p r o v i d i n g necessary went her i eat i ran services. *To assist with the development of budget paying plans and financial counseling. Attachment A Page 3 2.3 Work. P l a n (Describe each major p l a n n i n g , promotion, and implementati task. State the expected beginning and ending dates for each task.. Identify the staff positions, consultants or volunteers assigned to each task. Identify the expected results or product of each task. On a separeate sheet, provide a project schedule that lists major tasks and their beginning and ending dates.) The participating cities will be subcontracting with West Hennepin Human Services Planning Bayard (WHHS) to administer the program. The day -to -day activiIties of the program will be under the supervision of Bruce Larson, Assistant Director for WHHS. See Attachment 5.3A. for a narrative description of each program component. �. 'A WORKPLAN PRO.IECT TASN,S DATES STAFFING RESLIL TS -TOME ENERGY CHECK -UP TO NEGOTIATE CONTRACT 7/1- 9/1/68 STAFF, CITY SIGNED CONTRACT WITH CITIES, NSP, WHHS. COUNCILS,CITY STAFF, AND NSP DEVELOP EVALUATION PLAN 7/1- 9/1/88 STAFF, CEC, PLAN FOR IMPLEMENTATION NSP STAFF INITIATE PROMOTION OF 6/1/88- ONGOING PRESS RELEASES PROGTRAM FLYERS CLIENTS FOR PROGRAM UNDERTAKE AUDITS 9/1/86 - 9/1/90 HEC AUDITORS Luu HEC HOUSEHOLDS ,iOUSE DOCTOR PROGRAM TO NEGOTIATE CONTRACT 7/1/- 9/1/68 STAFF, CITY SIGNED CONTRACT WITH CITIES, MINNEGASCO COUNCILS, CITY AND WHHS STAFF, AND MGC. DEVELOP EVALUATION PLAN 7/1- 9/1/68 STAFF, CEC, EVALUATION PLAN MINNEGASCO SELECTION OF SUB- 7/1- 9/1/88 STAFF, CEC, HID SPECIFICATIONS CONTRACTOR MINNEGASCO ANNOUNCEMENT OF BID I DENT IFICAI OF SUBCONTRACTOR CONTRACT REFERRALS HOMES TO 9/1/88 - 9/1/90 HEC AUDITORS HOUSE DOCTOR VISITS PROGRAM HOUSE DOCTOR VISITS 9/1/66- 9/1/90 HOUSE DOCTOR STAFF COMPLETED HOUSE DOCTOR SERVICE TO 130 HOMES EVALUATIONS 10 /1 /8B- lip /1 /9j WHHS STAFF EVALUATION REPORT CONSERVATION EDUCATION DEVELOPMENT OF PLAN E/1/68- 9/1/68 CITY AND WHHS STAFF PROGRAM PLAN AIVD COORDINATION STAFF OF OTHER PROJECT PARTICIPATING AGENCIES MINNEGASCO AND NSP STAFF PRESENTATIONS TO 8/1/- 9/1/88 SAME AS ABOVE APPROVAL OF PROGRAM DECISION MAKERS IMPLEMENTATION OF PLAN 9 /1/68 SAME AS ABOVE SERVICES TO 250 CLIENTS r c y . cp c+ tD Sy n .p =' CD c-t n h 2.3A WORKPLAN, CONTINUED PROJECT TASN,S DATES STAFFING RESULTS COMMERCIAL AUDITS TO EXPLU. fHE 1U/1/88- 9/1/89 CONSERVATION COMMERCIAL AUDIT FEASIBILITY PROGRAMS PROGRAM PLAN OF THIS PROJECT COORDINATOR DEVELOPMENT OF. A PLAN 1/1/89- 9/1/89 SAME AS ABOVE A DETAILED PLAN IMPLEMENTATION OF A PLAN 9/1/89 SAME AS ABOVE PROVISION OF A AUDIT SERVICE MULTI — FAMILY AUDITS TO EXPLORE THE 10 /1/88- 9/1/89 CONSERVATION COMMERCIAL_ AUDIT FEASIBILITY PROGRAMS PROGRAM PLAN OF THIS PROJECT COORDINATOR DEVELOPMENT OF A PLAN 1/1/89 - 9/1/89 SAME AS ABOVE A DETAILED PLAN IMPLEMENTATION OF A PLAN 9/1/89 SAME AS ABOVE PROVISION OF A AUDIT � n sy C.+ cn c-r (D sv n cn =- !D r+ n f 3.1 FIRST YEAR BUDGET If proposing more than one project, prepare a total budget and separately labelled budgets for each project using this format. Other sour O=Tuu►ity awrgy ( List source and amount. Indicate with * if in -kind E�q�ex�diture Categor Coun Grant ($ WHHS* CITIES* NSP MGC CDBG/MHl'ATO,al A. Salaries and wages 17,160.00 1, 100* 400* 1.8 , 660. 0 B. Fringe Benefits 3,775.00 3,775. 0 C. In -state travel 800.00 800.( 0 D. Space rental and 500* 3 0 0* 800.( 0 utilities E. Rental and lease of 200* 2 0 0.( 0 equ i F nent F. Consumable supplies 400.00 4 0 0.( 0 G. Telephone 200.00 100* 300 . ( 0 H. Postage 500.00 5 0 0. 0 I. Printing and printed 700.00 100* 2 0 0* 1000.( 0 materials J. Insurance 50* 50.( 0 K. Consultant and contract services (describe in detail) (1) (2) (4) v A L. Other (describe in 26,000 52,000 12,000 120, 000.00 + detail) 30,000 (3) cs,� TOTAM 43, 535.00 2,050 900 26,00 82,000 12,000 146,485.00 E3 — CD �+ (1) home Energy Check -up Program `ICIPAL MATCII 1 (2) House Doctor Program T) `I 1 `�' 3 � Q ' )0 (3) Pilot Conservation Education and Coordination Project GRAND 196,_485._ M (4) Home Improvement and Conservation Loan Programs 3.2 CUND YEAR E3UnGEP a , If proposing more than one project, prepare a total budget and separately labelled budgets for each project using this format. O Sources meriditure oar =ity gay ( List source and amount. Indicate with * if in -kind ('a ) tegory Council Grant P MGC Cn Total A. Salaries and wages 18, 400.00 1, 000* 400* 19,900 B. Fringe Benefits 4,048.00 4,048 C. In -state travel 800.00 8 0 0 D. SpaCe rental and 500* 3 0 0 utilities 800 E. Rental and lease of 200* 2 0 0 equipment F. Consumable supplies 400.00 4 0 0 G. Telephone 2 0 0. 0 0 100* 300 H. Postage 500.00 500 I. Printing and printed 700.00 10 0* 200* 1, 0 0 0 materials J. Insurance 50* 50 K. Consultant and contract services (describe in detail) (1) (3) (4) L. Other (describe in 26,000 30,000 12,000 98,000 a � detail) 15,100 15,000 o a (2) (5) -,s TUTALS 25 048.00 2,050 900 41,000 30,000 27,000 125,998 Ct (1) Home Energy Check -up Program TOTAL MATCIi 1-00,950 (2) Commercial Audits (3) Pilot Conservation Education and Coordination Project GRAND TO TAL 125,998 (4) Home Improvement and Conservation Loan Program (5) Multi Family Audits 3.3 00MDINED FIRST & SECOND YEAR BUDGE~ If proposing more than one pro ject, Prepare a total t.�aclget and separately labelled budgets for eadi Project using this format. O Sour Community Energy ( List source and amount. Indicate with * if in -kind ) Exnerrlitore Cdtectn ry Council Gr arttt WHliS C 1`1' [ ES NSP MGC CDBG /MHF A - 'Ib A. Salaries and wages 35,560 2200* 800* B. Fringe Benefits 7,823 38,560 C. In -state travel 1,600 7,823 D. Space mental and 1,600 utilities 1,000* 600* 1,600 E. Rental and lease of equ i Pment 400* 400 F. 0 onsumable supplies 800 800 G. Telephone 400 2 0 0 600 11. Postage 1,000 1,000 I. Printing and printed 1,400 200* 4 0 0* materials 2,000 J. Insurance 100* 100 K. Consultant and contract services (describe in detail) L. Other (describe in (1) (3) (5 ) CU c detail) 52,000 52,000 24,000 218,00o LO rt 1 -5,000 60,000 15,O�)0 � (2) (9) o°= ZUI'AIS 48 583.00 4, 1 00 ] L 800 67,00() 1 12 000 39 ( 000 272 983 M _ � (1) Home Energy Check -up Program (2) Commercial Audits i W, TOTAL MA'PQi 900 (3) House Doctor Program (4) Pilot Conservation Ed. & Coord. Project GRAID gWAL 212,483 (5) ?. ->=� p am -- (�1 P1ii11 � I'uuil niir�il Attachment A Page 9 Brooklyn Center, Crystal and Golden Valley Community Energy Council Combined Project Budget House Home Energy Project Total Doctor Check -up Choice Personnel Assistant Director 2,268.00 2,268.00 2,268.00 6,804.00 Energy ons. Co ord. 9 gY ,450.00 8,936.00 2,310.00 20 696.00 Energy Technician 4,030.00 4,030.00 Energy Technician 4,030.00 4,030.00 Sub -Total 19,778.00 11,204.00 4,578.00 35,560.00 Fringe Benefits 4,329.48 2,481.99 1,011.53 7,823.00 Travel 700.00 900.00 1,600.00 Consumable Supplies 300.00 300.00 200.00 800.00 Telephone P 200.00 200.00 400.00 Postage 500.00 500.00 1,000.00 Printing /Printed Material 600.00 600.00 200.00 1,400.00 Total 26,407.48 16,185.99 5,989.53 48,583.00 Attachment A Page 10 Brooklyn Center, Crystal and Golden Valley Community Energy Council Year I Project Budget House Home Energy Project Doctor Check -up Choice Total Personnel Assistant Director 1,161.33 1,161.33 1,161.34 3,484.00 Energy Cons. Coord. 5,250.00 3,161.00 1,365.00 9,776.00 Energy Technician 1,950.00 1,950.00 Energy Technician 1,950.00 1,950.00 Sub -Total 10,311.33 4,322.33 2,526.34 17,160.00 Fringe Benefits 2,265.00 943.75 566.25 3,775.00 Travel 400.00 400.00 800.00 Consumable Supplies 150.00 150.00 100.00 400.00 Telephone 100.00 100.00 200.00 Postage 250.00 250.00 500.00 Printing /Printed Material 300.00 300.00 100.00 700.00 Total 13,776.33 6,466.08 3,292.59 23,535.00 Attachment A Page 11 + Brooklyn Center, Crystal and Golden valley Community Energy Council Year II Project Budget House Home Energy Project Doctor Check -up Choice Total Personnel Assistant Director 1,106.67 1,106.67 1,106.66 3,320.00 Energy Cons. Coord. 4,200.00 5,775.00 945.00 10,920.00 Energy Technician 2,080.00 2,080.00 Energy Technician 2,080.00 2,080.00 9,446.67 6,881.67 2,051.66 18,400.00 Fringe Benefits 2,064.48 1,538.24 445.28 4,048.00 Travel 300.00 500.00 800.00 Consumable Supplies 150.00 150.00 100.00 400.00 Telephone 100.00 100.00 200.00 Postage 250.00 250.00 500.00 Printing /Printed Material 300.00 300.00 100.00 700.00 Total 12,631.15 9,719.91 2.696.94 25,048.00 Attachment A r . Page 12 COMMUNITY ENERGY COUNCIL GRANT PROGRAM PROJECT BUDGET SUMMARY Estimated Total Cost $272,483.00 Grant Amount $48,583.00 Estimated Nongrant Funds _$223,900.00 Minimum Required Local Match $4,858.30 GRANTEE must notify the STATE when it becomes known to the GRANTEE that nongrant funds will be less than 80% of the estimate above by the end of the grant period. Following such notice, the STATE may require the GRANTEE to enter into an amendment to the grant agreement as the STATE in its sole discretion deems necessary to insure the proper implementation of the state grant program. ` r ATTACHMENT B CONSIDERATION AND TERMS OF PAYMENT The STATE shall make payment as follows: A. Ten per cent (101) of the total grant amount shall be paid upon submission of an invoice by GRANTEE and after the date of encumbrance by the Commissioner of Finance. This first payment shall be for Four Thousand Eight Hundred Fifty Eight and 30/100 ------------------------ ---------------------------- dollars ($ 4,858.30 ), B. Following the first a ent DPS shall P Jrt►i � reimburse GRANTEE quarterly for actual expenses incurred during the preceding three months upon submission of an invoice and a financial statement documenting these expenses, until a maximum 90 percent of the grant amount ( Forty -Three Thousand Seven Hundred Twenty -Four and 70/100 - -- - - ------ --------------- - - - - - d ( 43,724.70 ) has been disbursed. DPS will subtract the amount of the advance paid GRANTEE pursuant to Item A above from the amount to be reimbursed to GRANTEE in subsequent payments. C. DPS will pay the GRANTEE no more than _Twenty-Three Tho Five Hundred Thirty-Five and no /100----------------- ------------------------- dollars ($ 23 .535.00 ) for costs of the PROJECT incurred during the first year of this Agreement as specified in the budget in Attachment A of 9 this Agreement, and no more than Twenty -Five Thousand Forty-Fight and no /100 - - dollars ($ ?s,na_nn ) for costs of the PROJECT incurred during the second year of this Agreement as specified in the budget �n Attachment tachment A of this Agreement. GRANTEE may incur expenses during the second year of this agreement if the first year work plan has been completed or if the GRANTEE has made substantial progress toward completion of the first year workplan, as determined by the Commissioner of Public Service. D. Final payment shall be made after the submission of the final program report and the final financial 3'm report. Final payment shall be for the P P amount shown by the financial report to represent expenditures actually incurred by the GRANTEE under the terms of the Agreement which have not been paid previously by the payments referred to above and in no circumstances shall exceed 70/100 Forty -ThrPa Thnw and SPVPn Hundred Twenty Fnur and dollars ($ 41,724 7n ). In the event that payments referred to above exceed the actual costs incurred by the GRANTEE as specified in the budget in Attachment A of this Agreement, the GRANTEE shall refund such excess to the STATE upon submission of the final reports. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM WHEREAS, Brooklyn Center Resolution No. 88 -67 authorized the City of Brooklyn Center to act as lead community in initiating a joint agreement with the cities of Crystal and Golden Valley for the Governor's Community Energy Program to be funded by Minnegasco, Northern States Power, and the State of Minnesota's Department of Public Service, Energy Division; and WHEREAS, the State of Minnesota's Department of Public Service, Energy Division, has appropriated $48,583.00, to the three cities for administrative costs associated with the community energy program; and WHEREAS, the West Hennepin Human Services Planning Board has been the lead agency in coordinating and implementing the community energy programs in other metropolitan cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the mayor and city manager are hereby authorized to enter into an agreement with the West Hennepin Human Services Planning Board, on behalf of the cities of Brooklyn Center, Crystal, and Golden Valley, to coordinate and implement community energy programs in the three cities. 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 against the same: whereupon said resolution was declared duly passed and adopted. THE BROOKLYN CENTER,CRYSTAL, AND GOLDEN VALLEY COMMUNITY ENERGY CONSERVATION PROJECT CONTRACT AGREEMENT BETWEEN BROOKLYLN CENTER AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD THIS AGREEMENT, which shall be interpreted pursuant to the laws of a e State of Minnesota, is between the City of Brooklyn Center kRANTEE) a municipal corporation on behalf of itself and the Cities of Crystal and Golden Valley and West Hennepin Human Services Planning Board (SUBGRANTEE) created by a Joint Powers Agreement between fifteen municipalities inl, western Hennepin County. I WHEREAS, the Minnesota Department of Public Service (DPS) is empowered by Minnesota Statutes, Section 218C.381 to provide financial assistance to communities to establish community energy councils and implement community energy programs: and WHEREAS, the GRANTEE and the SUBGRANTEE prepared and submitted according to pertinent rules and guidelines a Project proposal for the Brooklyln Center, Crystal and Golden Valley Community Energy Conservation Project (PROJECT), attached hereto as Attachment A, which has been assessed as to its merit, significance, reasonableness and importance to Minnesota by knowledgeable and impartial experts; and WHEREAS, DPS and the GRANTEE have formally entered into an agreement (GRANT AGREEMENT) to implement the PROJECT in the Cities of Brooklyn Center, Crystal, and Golden Valley. WHEREAS, the SUBGRANTEE represents that it is duly qualified, willing and prepared to undertake and complete the PROJECT described in 0 H ttachment A; and EREAS, GRANTEE and the SUBGRANTEE desire to formally agree upon the performance of the PROJECT described herein; NOW, THEREFORE, IT IS AGREED by and between the parties as follows: I. TERMS OF PERFORMANCE: The subgrantee shall undertake and complete the Project in accordance with the objectives, scope, and methods as stated in Attachment A. II. CONSIDERATION AND TERMS OF PAYMENT: In consideration of all tasks performed and goods or materials supplied by the SUBGRANTEE pursuant to this agreement, the GRANTEE shall pay for all actual, allowable costs incurred by the SUBGRANTEE under the terms of this Agreement, not to exceed the sum of Forty -Eight Thousand Five Hundred Eighty -three and no /100 dollars (548,583.00); which payment, however, shall be subjeact to the prior payment thereof to GRANTEE from DPS pursuant to the GRANT AGREEMENT. The GRANTEE shall make payments as stated in Attachment B. III. AGREEMENT PERIOD: This contract shall be effective upon the date of encumbrance by the Commissioner of Finance and shall remain in effect until December 31, 1990 or until all obligations set forth in this Agreement and the GRANT AGREEMENT have been satisfactorily fulfiled, whichever occurs first. GRANTEE'S AUTHORIZED AGENT: The GRANTEE'S authorized agent for Is e purposes of administration of this Agreement is Geralyn Barone, or such other employee as designated by the City of Brooklyln Center. V. OTHER PROVISIONS: (Check one.) Other provisisons to this Agreement are attached and incorporated herein as Attachment ..._..� None. VI. REPORTS: A. The SUBGRANTEE shall present reports to the City Manager of the GRANTEE or City's authorized agent named in paragraph IV. At the City Manager's discretion, they may be presented at public meetings where the SUBGRANTEE shall be available to explain the PROJECT and to respond to questions from the GRANTEE and the public. B. The SUBGRANTEE shall submit to the GRANTEE and DPS on the first of each month a one to two page report briefly stating the activities that have taken place during the previous month. The SUBGRANTEE shall provide the GRANTEE with four copies of the final report and financial statement, describing all activities that took place during the grant period. The final report must summarize planning and implementation steps in chronological order and identify all parties involved during the grant period. VII. FINANCIAL PROVISIONS: A. ALLOWABILITY OF COSTS: Allowability of costs incurred under this agreement shall be determined in accordance with the procedures and principles given in the federal publications "Office of Management and Budget Circular A- 102," as amended, and "Office of Management and Budget Circular A -87," as amended. B. ACCOUNTS: The SUBGRANTEE shall maintain books, records, documents, and other evidence pertaining to the costs and expenses of implementing this Agreement and the GRANT AGREEMENT to the extent and in such detail as will accurately reflect all net costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature. The SUBGRANTEE shall use generally accepted accounting and auditing principles. C. EXAMINATION AND AUDIT OF ACCOUNTS AND REPORTS: The Legislative Auditor, the Minnesota Department of Public Services and GRANTEE or their representatives shall have the right to examine the books, records, documents, and other evidence and accounting procedures and practices of the subgrantee, sufficient to reflect properly all direct and indirect costs. The SUBGRANTEE at all reasonable times before and during the period of records retention, proper facilities for such examination and audit. D. RETENTION OF RECORDS: The SUBGRANTEE shall preserve all financial and cost reports, books of account and supporting documents, and other data evidencing costs allowable and revenues and other applicable credits under this Agreement and the GRANT AGREEMENT which are the prossession of the SUBGRANTEE and relate to this Agreement and GRANT AGREEMENT, for three years after final payment under this Agreement and GRANT AGREEMENT. Records relating to any exception taken as a result of inspection or audit, or any litigation or claim arising from this Agreement and GRANT AGREEMENT, shall be retained until such exception, litigation or claim has been completely disposed. E. TITLE AND DISPOSITION OF EQUIPMENT: "Equipment" as used herein, means nonconsumable personal property to be used in the performance of this Agreement, having an acquisition cost of three hundred dollars (0300) or more and a useful life expectancy of greater than one year. All such equipment must be accounted for through the PROJECT period. Accountability may be satisfied by continued use of the equipment during its useful lifetime in the PROJECT. Title to equipment purchased with PROJECT funds resides with the SUBGRANTEE. However, the State of Minnesota, within six months of the termination of this Agreement, reserves the right pursuant to the GRANT AGREEMENT to transfer title to such equipment to another SUBGRANTEE or to the State of Minnesota. F. INTEREST: SUBGRANTEE will use all interest earned on funds granted herein for eligible purposes consistent with this Agreement. VIII. CANCELLATION: This Agreement may be canceled at any time by either party upon thirty days written notice. In the event of such cancellation, the SUBGRANTEE shall prepare and deliver a final report summarizing the work performed and the results obtained to date, together with available information and items which, if the PROJECT had been completed, would have been required to be furnished to the GRANTEE. In accordance with Attachment B as incorporated into provision II, CONSIDERATION AND TERM: OF PAYMENT, the SUBGRANTEE shall remit any funds not expended in pursuance of the PROJECT. IX. AMENDMENTS: Any amendments to this agreement shall be in writing, and shall be executed by the same parties who executed the original contract, or their successors in office. X. ASSIGNMENT: The SUBGRANTEE shall not transfer or assign to any party or parties any right(s), obligation(s), or claim(s) under this contract without prior written consent of the GRANTEE. XI. LIABILITY: The SUBGRANTEE agrees to indemnify and save and hold the State of Minnesota and the GRANTEE, their agents and employees Zrmless from any and all claims or causes of action arising from the rformance of this Agreement by the SUBGRANTEE or its agents or employees. This clause shall not be construed to bar any legal remedies the SUBGRANTEE may have for the STATE'S or GRANTEE'S failure to fulfill its obligations pursuant to this agreement. INSURANCE: The SUBGRANTEE shall have the following insurance: (1) General Public Liability Insurance policy (including owned and hired vehicles) with a $1 million combined single limit policy which includes protection against personal injury and property damage: (2) Automobile Public Liability Insurance policy (including owned and hired vehicles) with a 01 million combined single limit policy which included protection against personal injury and property damage; and (3) Workers' Compensation insurance according to applicable statutory requirements. The SUBGRANTEE shall provide a certificate of insurance upon request. XII. PUBLICATION AND OTHER RIGHTS IN DATA: A. The term "Subject Data" as used herein includes curriculum materials, reports, writings, sound and video recordings, pictorical reproduction, drawings, or other graphical representations, and works of any similar nature which specifically are to be delivered under this Agreement or the GRANT AGREEMENT. The term does not include financial reports, cost analyses, and similar information incidental to project administration. B. Subject to the limitations of (D) below, the GRANTEE or DPS may duplicate, publish, use, and disclose in any manner for any authorized DPS or GRANTEE activity and have others so do, all Subject Data deliverable under this Agreement. C. All Subject Data published by the SUBGRANTEE, the GRANTEE or DPS shall give credit to the other partys' participation in the PROJECT. D. In the event that the SUBGRANTEE secures a copyright, the SUBGRANTEE agrees to and does hereby grant to DPS and GRANTEE or their officers, agents, and employees acting within the scope of their official duties, a royalty -free, non - exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of , and to authorize others to do so for use by the state, its divisions, instrumentalities, and local subdivisions, all Subject Data now or hereafter covered by copyright. E. With respect to such Subject Data prepared in the performance of this Agreement but which is incorporated in the work furnished under this Hgreernent, such license shtull be only to the extent that the SUBGRANTEE, its employees or any individual or concern employed or assigned by the SUBGRANTEE to originate and prepare such data under this Agreement now has, or prior to completion or final settlement of this Agreement may acquire, the right to grant such license without becoming liable to pay compensation to others. The SUBGRANTEE shall exert all reasonable efforts to advise the GRANTEE and UPS, at the time of delivery of the Subject Date furnished under this Agreement, of all portions of such Data copied from work not composed or produced in the performance of this Agrement and not licensed under this clause. The SUBGRANTEE shall report to the GRANTEE and DPS, promptly and in reasonable written detail, each notice or claim of copyright infringement received by the SUBGRANTEE with respect to all Subject Data delivered under this Agreement. On receipt of this information the parties hereto agree to confer to determine future uses to be made of the Subject Data. III. NONDISCRIMINATION: A. The SUBGRANTEE will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. The SUBGRANTEE will in all solicitations or advertisements for employees placed by or on behalf of the SUBGRANTEE state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to bona fide occupational qualification. The SUBGRANTEE will send to each labor union or representative of workera with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the SUBGRANTEE'S commitments under this non - discrimination clause and shall post copies of this notice in conspicuous places available to employees and applicants for employment. C. In the event of the SUBGRANTEE'S noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be declared cancelled, terminated, or suspended in whole or in part and the SUBGRANTEE may be declared ineligible for further contracts with the GRANTEE OR STATE. D. AFFIRMATIVE ACTION: (When applicable) SUBGRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights purusant to Minnesota Statutes, section 563.073 XIV. WORKER'S COMPENSATION: Pursuant to Minnesota Statutes, section 176.182, the SUBGRANTEE affirms that it is in compliance with the workers' compensation insurance coverage requirements of 4 nnesota Statutes, section 176.181, subdivision 2. The SUBGRANTEE 0all provide such evidence to the GRANTEE and STATE upon request. XV. ANTITRUST: The-SUBGRANTEE hereby assigns to the State of Minnesota and GRANTEE any and all claims for overcharges as to goods and /or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVI. AUDIT REQUIREMENTS: For su b r ec i Dients who ar e STAT C includ . i ncn, In dia n tribes or local g If the SUBGRANTEE receives total direct and indirect federal assistance o£: A. 5100,000 or more per year, the SUBGRANTEE agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L. 98 -502) and Office of Management and Budget (OMB) Circular A -128. The law and circular provide that the audit shall cover the entire operations of the SUBGRANTEE government or, at departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. However, if the SUBGRANTEE government received 525,000 or more in General Revenue sharing Funds in a fiscal year, it shall have an audit of its entire operations. B. Between $25,000 and $100,000 per year, the SUBGRANTEE agrees to obtain either: 1. A financial and compliance audit made in accordance with the Single Audit Act of 1984 and OMB Circular A -128, or 2. A financial and compliance audit of all federal funds. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations a_nd_the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the STATE or local government has, by January 1, 1987, a constitutional or statuory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1967. For subrecipienta who are institutions of higher education other nonprof it organizations. If the SUBGRANTEE receives total direct and indirect federal esistance of $25,000 or more per year, the SUBGRANTEE agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110 for a federal law or OMB circular that supersedes Circular A-110). The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. Audits shall usually be made annually, but not less frequently than every two years. The audit shall be made by an independent auditor. A independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Activities. and Functions. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 (or A-110 as applicable). The audit report shall include: A. The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catoloq of Federal Domestic Assistance. Federal programs or grants that have not been aligned a catalog number shall be identified under the caption "other federal assistance.: B. The auditor's report on the study and evaluation of internal control systems must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in comlpliance with laws and regulations. It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. C. The auditor's report on compliance containing: 1. A statement of positive assurane with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursements: 2. Negative assurance on those items not tested; 3. A summary of all instances of noncompliance; 4. An identification of total amounts questioned, if any, for each federal assistance award, as a result of noncompliance; and 5. A statement on the status of corrective action taken on prior findings. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the a atus of corrective action taken prior to the findings. If rrective action is not necessary, a statement describing the reason it is not should accompany the audit report. The SUBGRANTEE agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor shall have such access to SUBGRANTEE' records and financial statements as may be n y necessary for the grantor to comply with the Single Audit Act and OMB Circular A -110. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the SUBGRANTEE'S fiscal year end. If a federal cognizant audit agency has been assigned for the SUBGRANTEE, copies of required audit reports will be filed with that agency also. XVII. The SUBGRANTEE, if a public agency, as defined in Minnesota Statutes, section 16B.101, subdivision 2, shall insure that materials used on this project shall conform with the provisions of Minnesota Statutes, Section 16b.101 (Buy American ACT). IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. 0 NAME: —y —_.. .. —..�. DATE MAYOR, CITY OF BROOKLYN CENTER s NAME: _ DATE�� —�.��. CITY MANAGER, CITY OF BROOKLYN CENTER NAME: DATE EXECUTIVE DIRECTOR, WEST HENNEPIN HUMAN SERVICES PLANNING BOARD Attachment A Page 1 PROIE07 INFORMATION Problem statement (Describe the problem this project is expected to address.) Currently very litt effort is being undertaken to promote energy conservation in the suburbs of west and northwest Hennepin County. What effort is being undertaken is on a city by city basis. While Programs are offered'in some of the cities very little may be available in a neighboring city. in addition the opportunities that are available are not community based and thus less likely to be used icy the community. Another- problem facing low income housenolds is the continued cutbacks in the energy assistance program, the lacy of coQrdinat between the vario=us agencies establisned to serve these groups, the history of energy crises many of these households face and the feeling that they have n• � control over their energy costs. The Specific Problems thi=_ pro would address are: the low level of Co=mmunity awareness concerning energy conservat th reluctance of h ousehold, to incorporate conservation �n pract ices into their daily lives, the lack Of skills by many ilousen ids on installing low cost energy 4•_nsyrvation materials in their homes and the need for many low income h use:':olos .= incorp e nerg y � P gy c•.r��ervat ion practic s into their daily lives. C.0 Project objectives, including quantitative indicators, such as numbers of homes or 'businesses served. .. ,some Energy Check-up Tr _gr:am Object 1. T o provice a q!.iax, P'r`actic l a audit to residents of the participating communi t ias. To provide sands -on instruction to community residents acout weatherization techniques and neeas. 3. Whar aPPrcria _ to install weatherization materials for these such as the `and i_apped or ,senior_ cit_iasns who would not be able to do the ,, w��r c tlernsel•Jes. 4. To prov in ab out sensible major c- nservation investments and funding sources where approrpiate. T. To cods;_} fol cal to encourage the residents - to undertake furth`r weatheri=ation when appropriate, answer- additional questions, etc. G. When appropriate t� � make referrals to the House Doctor Program. 7. To provide a total of 600 Home Energy Check -ups to the three participating communities from September, 1988 to September, 1990. These are divided among the cities as fol 9/88 -9/89 9/8 -9/90 Brooklyn Canter I= 125 Crystal 115 100 Golden Valley Eck 50 Z . House Doctor Program Evaluation: 10 1, To provide at •a minimum housedoctoring services to a total of 120 single family homeowners in the three participating communities. These will be divided as follows: ZO to Brooklyn Center, 50 to Crystal and Z0 to Golden Valley. it is hoped that this may be increased through negotiations with Minnegasco. I Attachment A Page 2 2. e %eL._v.e „- t5e program wi ll be to reduce air infiltration i nt,:� toe structures by an average as yet to be determined. This will be astall fished in negotiations with Minnegasco No household shall be reduced lower than a LR of 3.0 to ensure that the house remains above nationally recognized safe ventilation levels. Another Objective will be the education component. The technician who does the conservation improvements will snow willing homeowners how to "st some Of the cons materials so that the homeowner can replace materials as necessaray. Additional consultation will be provided suggesting Further c_nservation techniques and life style changes. AssistancO will be Provided in locating financial resources to und erta ke the improvements when requested. 4. Tyr undartake follow-up interviews with participants concerning household satisfaction, household Participation, household savings and the impact of the program on high energy consumers. : COrtmercial P 1. To monitor the activities of the Department of Public Service and Northern States power as they develop methods for providing commercial sudits t small businesses. 2. Based upon the above ment ionned activities to develop a small business audit component for implementation during the second year of the grant. T.V.. Multi family Audits: 1. Ti_ undertake th develo of an audit program for buildings of 2-4 units using current Rcs audit program techniques. '� B ased ased 'on the outcomes of the above o0jective to expand the effort to larger , snits Cup to 12 units). V. Energy Coordination and Education Project: 1. 7Q develop plans for the imp `ementation of a project to assist low income households who are high ener co or who have chronic problems with utility bill arrearages which -lead to shutoff situat c. The objectives of the program would be to provide these services in the cities of Brooklyn Center, Crystal, Golden Valley and Robbinsdale: *To help clients become energy self- sufficient by making their fuel bill affordable and helping them off of crisis assistance programs. *To provide basic energy conservation education to program participants. *To provide a coordinated service delivery mechanism for providing necessary weatheriration services. *To assist with the development of budget paying plans and financial counseling. Attachment A Page 3 �.3 Work Plan (Describe each major- pianning, prornvticnn, and implernentati , n task.. State the expected beginning and ending dates for each task. Identify the staff positions, ci_nsuitants or volunteers assigned to each task..- Identify the expected results nr- product of each task. On a separeate sheet, provide a project schedule that lists major tasks and their beginning and ending dates.) The participating cities will be subcontracting with West Hennepin Human Services Planning Board (WHHS) to administer the program. The day - - day activiIties Of the program will be under the supervision of Bruce Larson, Assistant Director for WHHS. See Attachment 2.3A. for a narrative description of each program component. i 2. 3A WORK.PLAN PROJECT TASK,zS pAIES 9l8gEEING RESLILIS SOME ENERGY CHECK. -UP TO NEGOTIATE CONTRACT 7/1- 9/1/88 STAFF, CITY SIGNED CONTRACT WITH CITIES, NSP, WHHS. COIINCILS,CITY STAFF, AND NSP DEVELOP EVALUATION PLAN 7/1- 9/1/88 STAFF, CEC, PLAN FOR IMPLEMENTATION NSP STAFF INITIATE PROMOTION OF B /1/88- ONGOING PRESS RELEASES PROGTRAM FLYERS 9/1/88 - 9/1/90 CLIENTS FOR PROGRAM UNDERTAKE AUDITS HEC AUDITORS 600 HEC HOUSEHOLDS HOUSE DOCTOR PROGRAM TO NEGOTIATE CONTRACT 7/1/- 9 /1 /BB STAFF, CITY SIGNED CONTRACT i WITH CITIES, MINNEGASCO COUNCILS, CITY AND WHHS STAFF, AND MGC. DEVELOP EVALUATION PLAN 7/1- 9/1/88 STAFF, CEC, EVALUATION PLAN MINNEGASCO SELECTION OF SUB- 7/1- 9 /i /8B STAFF, CEC, BID SPECIFICATIONS CONTRACTOR MINNEGASCO ANNOUNCEMENT OF bID IDENTIFICATION O1= SUBCONTRACTOR CONTRACT REFERRALS HOMES TO 9/1/88 - 9/1/90 •HEC AUDITORS HOUSE DOCTOR VISITS PROGRAM HOUSE DOCTOR VISITS 9/1/88 - 9/1/90 HOUSE DOCTOR STAFF COMPLETED HOUS2 DOCTOR SERVICE TO 10 HOMES EVALUATIONS 10 /1 /BB- 10 /1 /9u WHHS STAFF EVALUATION REPORT I I CONSERVATION EDUCATION DEVELOPMENT OF PLAN E /1 /BB- 9/1/68 CITY AND WHHS STAFF PROGRAM PLAN AND COORDINATION STAFF OF OTHER PROJECT PARTICIPATING AGENCIES MINNEGASCO AND NSP STAFF PRESENTATIONS TO 8/1/- 9 /1 /B8 SAME AS ABOVE APPROVAL OF PROGRAM DECISION MAKERS IMPLEMENTATION OF PLAN 9/1/88 SAME AS ABOVE SERVICES TO 250 CLIENTS a r+ Un r+ rD a 1 n 23 r . r+ ' n 2.3A WORKPLAN, CONTINUED PROJECT IASKS QATES STAFFING RESULIP COMMERCIAL AUDITS TO EXPLU. IHE 1U/1/d8- 9/1/89 CONSERVATION COMMERCIAL AUDIT FEASIBILITY PROGRAMS PROGRAM PLAN OF THIS PROJECT COORDINATOR DEVELOPMENT OF. A PLAN 1/1/89- 9/1/89 SAME AS ABOVE A DETAILED PLAN IMPLEMENTATION OF A PLAN 9/1/89 SAME AS ABOVE PROVISION OF A AUDIT SERVICE MULTI - FAMILY AUDITS TO EXPLORE THE 1U/1/88- 9/1/89 CONSERVATION COMMERCIAL AUDIT FEASIBILITY PROGRAMS PROGRAM PLAN OF THIS PROJECT COORDINATOR DEVELOPMENT OF A PLAN 1/1/89 - 9/1/89 SAME AS ABOVE A DETAILED PLAN IMPLEMENTATION OF A PLAN 9/1/89 SAME AS ABOVE PROVISION OF A AUDIT I II v ]o w c-t (n C-1- rD cL .� rD ct 3� 3.1 FIR.SP YEAR BUDGED If proposing more than one project, prepare a total budget'and separately labelled budgets for each project using this = format. Oth Sources OUmtmity Energy ( List source and awmt. Indicate with * if in -kind pgO lture Category Council Grant ($1 Willis* CITIES* NSP MGC CD8G/ A. Salaries and wages 17, 160.00 1, 100* 400* 1 660: 0 B. Fringe Benefits 3,775.00 3,775. 0 C. In -state travel 800.00 8 0 0.( 0 D. Space rental and 500* 300* ' 800.( 0 utilities E. Rental and lease of 200* � I PMeDt 2 0 0 . ((l F. Consumable supplies 400.00 4 0 0.( 0 G. Telephone 200.0 100* 300.f 0 11. Postage 500.00 5 0 0.( 0 I. Printing and printed 700.00 10 0* 200* 10 0 0.( 0 materials J. Insurance 50* 50. 0 K. Consultant and 'contract services (describe in detail) (1) (2) (9) L. Other (describe in - 26,000 52,000 12,000 1 20, 000. 0o n detail) 30, 000 a a (3) TMAIS X3,535.00 2,050 900 26,00 82,000 12,000 146,485. (1) Home Energy Check - up Program (2) House Doctor Program MAI, MAT01 1 22,. - 950. 10 r (3) Pilot Conservation - Education and Coordinal.ion Project GRAI1DTOri'AL 146.485.10' (4) Home Improvement and Conservation Loan Programs 0 0 . 3.2 SE0014D YEAR DUDGEP If proposing more than one prof, prepare a total budget and separately labelled budgets for each Project using this format. O Sources CMMMity Energy ( List source and amount. Indicate with iif in - kind ) bcpenditure Category Council Grant_( S __MGc' c DG /MI LE 'Ibtal A. Salaries and wages 18,400.00 1,000* 400* ` 19,900 B. Fringe Benefits 4,048.00 4,048 C. In -state travel 800.00 800 D. Space rental and utilities 500* 300* 800 E. Rental and lease of 200* equipment 200 F. Consumable suppl 400.00 400 G. Telephone 2 0 0. 0 0 100* 300 11. Postage 500.00 500 I. Printing and printed 700.00 10 0* 200* materials 1,000 J. Insurance 5()* 50 K. Consultant and contract services (describe in detail) L. other (describe in (1) (3) (4) 26, 000 3 0, 0 0 0 1.2 , 0 0 0 9 8, 0 0 0 w rt detail) is, 100 La rr L 5, 000 rn w (2) (5) 7WAIS 25,048.00 2,050 900 41,00 30,000 27,00 125 V rD r+ (1) Home Energy Check -up Program TOTAL MAT 11 100,95( n (2) Commercial Audits (3) Pilot Conservation Education and Coordination Project GRADD TOTAL 12 5,_22ii (4) Home Improvement and Conservation Loan Program (9) Multi Film iIv Awlil�; 3.3 "DINED FIRST & SECOND YEAR BUDGET If Priming more than one project, prepare a total biudget and separately labelled bLrlgets for each project using this format. O th er Sa lroes Fiture Cat� *ory Cttnutity (List arxi awult Indicate with * if in -kind ) --�- -- c mc11 Gr f Willis C TT [ LS NSP MGC CD[3( ; /M[IPA 'Iota 1 A. Salaries and wages 35,560 2200* 800* B. Fringe Benefits 7,823 .38, 560 C. In -state travel 7,823 i 1,600 j D. Space rental and 11,600 . utilities 1,000* 600* 1,600 E. Rental and lease of ecju i pmen t 400* 400 F- Ommlmabl a 611ppl ies 800 G. Telephone 800 900 200* li. Postage 600 1,000 I. Printing and printed 1,400 200* 400* 1,000 materials 2, 00o J . Insuranoe 100* K. Qonsultant and 100 oantract services (describe in detail) L. other (describe in ( (3) (5) a detail) 52,000 52, 000 24,000 218,00o LQ C-* 1.5,000 60,000 15,000 m M (2) (4) (v) 00 El T�'AT6 48 583.00 4, 1 00 1 800 67, 0 00 112 000 39 000 ` - --- 272, 9 83 (1) Home Energy Check -up Program C+ (2) Commercial Audits (3) House Doctor Program %�i. A�.� TOI'Ai� MATa1 n (4) Pilot Conservation Ed. & Coord. Project GRAND`IMAL 272,483 Attachment A Page 9 Brooklyn Center, Crystal and Golden.Valley Community Energy Council Combined Project Budget House Home Energy Project Total Doctor Check -up Choice Personnel Assistant Director 2,268.00 2,268.00 2,268.00 6,804.00 Energy Cons. Coord. 9,450.00 8,936.00 2,310.00 20,696.00 Energy Technician 4,030.00 4,030.00 Energy Technician 4 030.00 4,030.00 Sub -Total 19,778.00 11,204.00 4,578.00 35,560.00 Fringe Benefits 4,329.48 2,481.99 1,011.53 7,823.00 Travel 700.00 900.00 1,600.00 Consumable Supplies 300.00 300.00 200.00 800.00 Telephone 200.00 200.00 400.00 Postage 500.00 500.00 1,000.00 Printing /Printed Material 600.00 600.00 200.00 1,400.00 Total 26, 16,185.99 5,989.53 48,583.00 1 Attachment A Page 10 Brooklyn Center, Crystal and Golden Valley Community Energy Council Year I Project Budget I House Home Energy Project Doctor Check -up Choice Total Personnel Assistant Director 1,161.33 1,161.33 1,161.34 3,484.00 Energy Cons. Coord. 5,250.00 3,161.00 1,365.00 9,776.00 Energy Technician 1,950.00 1,950.00 Energy Technician 11950.00 11950.00 Sub -Total 10,311.33 4,322.33 2,526.34 17,160.00 Fringe Benefits 2,265.00 943.75 566.25 3,775.00 Travel 400.00 400.00 800.00 Consumable Supplies 150.00 150.00 100.00 400.00 Telephone 100.00 100.00 200.00 Postage 250.00 250.00 500.00 Printing /Printed Material 300.00 300.00 100.00 700.00 Total 13,776 33 6,466.08 3,292.59 23,535.00 Attachment A Page 11 Brooklyn Center, Crystal and Golden Valley Community Energy Council Year II Project Budget House Home Energy Project Doctor Check -up Choice Total Personnel _ Assistant Director 1,106.67 1,106.67 1,106.66 3,320.00 Energy Cons. Coord. 4,200.00 5,775.00 945.00 10,920.00 Energy Technician 2,080.00 2,080.00 Energy Technician 2,080.00 2,080.00 9,446.67 6,881.67 2,051.66 18,400.00 Fringe Benefits 2,064.48 1,538.24 445.28 4,048.00 Travel 300.00 500.00 800.00 Consumable Supplies 150.00 150.00 100.00 400.00 Telephone 100.00 100.00 200.00 Postage 250.00 250.00 500.00 Printing /Printed Material 300.00 300.00 100.00 700.00 Total 12,631.15 9,719.91 2.696.94 25,048.00 t Attachment A Page 12 COMMUNITY ENERGY COUNCIL GRANT PROGRAM PROJECT BUDGET SUMMARY Estimated Total Cost $272,483.00 Grant Amount $48,583.00 Estimated Nongrant Funds $223,900.00 Minimum Required Local Match $4,858.30 GRANTEE must notify the STATE when it becomes known to the GRANTEE that nongrant funds will be less than 80q of the estimate above by the end of the grant period. Fallowing such notice, the STATE may require the GRANTEE to enter into an amendment to the grant agreement as the STATE in its sole discretion deems necessary to insure the proper implementation of the state grant program. ATTACHMENT B CONSIDERATION AND TERMS OF PAYMENT O e GRANTEE shall make payment as follows: A. Ten per cent (10 %) of the total grant amount shall be paid upon submission of an invoice by SUBGRANTEE and after the date of encumberance by the Minnesota Commissioner of Finance. This first payment shall be for Four Thousand Eight Hundred Fifity Eight and 30/100 dollars (04858.30). B. Following the first payment, the GRANTEE shall reimburse the SUBGRANTEE quarterly for actual expenses incurred during the preceding three months upon submission of an invoice and a financial statemnt documenting these expenses, until a maximum 30 percent of the grant amount Forty -Three Thousand Seven Hundred Twenty -Four and 70/100 dollars ($43,724.70) has been disbursed. The GRANTEE will .subtract the amount of the advance paid SUBGRANTEE pursuant to Item A above from the amount to be reimbursed to SUBGRANTEE in subsequent payments. C. GRANTEE will pay the SUBGRANTEE no more than Twenty -Three Thousand Five Hundred Thirty -Five and no /100 dollars ($23,535.00) for costs of the PROJECT incurred during the first year of this Agreement as specified in the budget in Attachment A of this Agreement, and no more than Twenty -Five Thousand Forty -Eight and no /100 dollars ($25,048.00) for costs incurred during the second year of this Agreement as specified in the budget in Attachment A of the * reement. SUBGRANTEE may incur expenses during the second year of is Agreement if the first year workplan has been completed or if the SUBGRANTEE has made substantial progress toward completion of the first year workplan, as determined by the Minnesota Commissioner of Public Service and the GRANTEE. D. Final payment shall be made after the submission of the final program report and the final financial report. Final payment shall be for the amount shown by the financial report to represent expenditures actually incurred by the SUBGRANTEE under the terms of the Agreement which have not been paid previously by the payments referred to above and in no circumstances shall exceed Forty -Three Thousand Seven Hundred Twenty Four and 70/100 dollars ($43,724.70). In the even that payments referred to above exceed the actual costs incurred by the SUBGRANTEE as specified in the budget in Attachment A of the Agreement, the SUBGRANTEE shall refund such excess to the GRANTEE upon submission of the final reports. E. Payment by GRANTEE to SUBGRANTEE shall be subject to the prior payment thereof to GRANTEE from DPS pursuant to the GRANT AGREEMENT. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NORTHERN STATES POWER COMPANY AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM (HOME ENERGY CHECKUPS) WHEREAS, Northern States Power Company is making funds available for operating a community energy program, known as Home Energy Checkups, in the City of Brooklyn Center; and WHEREAS, the West Hennepin Human Services Planning Board has been the lead agency in coordinating and implementing the community energy programs, including Home Energy Checkups, in other metropolitan cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the mayor and city manager are hereby authorized to enter into an agreement with Northern States Power Company and West Hennepin Human Services Planning Board for a community energy program known as Home Energy Checkups. BE IT FURTHER RESOLVED that West Hennepin Human Services Planning Board is hereby designated as administrator of the program. 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 against the same: whereupon said resolution was declared duly passed and adopted. COMMUNITY ENERGY COUNCIL PROGRAM AGREEMENT THIS AGREEMENT, effective as of the day of 19 , is between Northern States Power Company (NSP) a Minnesota corporation, the City of Brooklyn Center (the "City ") a municipal corporation, and WEST HENNEPIN HtA'IAN SERVICES (WHHS). WITNESSETH: WHEREAS, the Minnesota Public Utilities Commission ( "MPUC ") ordered NSP to implement a conservation investment program which included providing assistance to conduct the Hone Energy Check -Up (BEC), or equivalent audit and implementing other energy conservation programs, for NSP residential customers, and WAS, the City through West Hennepin Human Services ( "WHHS ") has established a Community Energy Council (CBC) whose responsibilities include con- ducting the Hone Energy Check -Up (HEC), or equivalent audit and implementing other energy conservation programs for NSP residential customers. NOW THEREFORE, in consideration of the terms and conditions stated herein, the parties agree as follows: 1. Publicity The WHHS shall develop a program to stimulate interest and publicize the availability of the HEC in order to sign up households for the service. The City will assist in the promotion of the Hone Energy Check -Up Program through advertising, mailings and other direct communications and will recammend households for possible participation in this program. Upon request by the City or the WHHS, NSP will assist with publicity by providing mailing labels and offering advertising assistance at the option of NSP. 2. Selection of Participants Any NSP residential customer qualifies for the BBC audit. The WHHS is responsible for recording the number of par - ticipants where special assistance is given as defined in the Weatherization section. 3. Customer Release Form The WHHS will obtain signed authorization from each participant in the BBC allowing NSP to release consumption data to the auditor. This release form, a sample of which is attached hereto and incor- porated herein by reference as "Attachment A ", shall be signed by each such par- ticipant prior to the release of the consumption data, or alternatively, the WHHS shall submit to NSP written confirmation of a customer's oral agreement to sign the attached form and thereafter the WHHS shall obtain the customer's signature on the form. The WHITS will file release forms and make then available to NSP upon request. A copy should be submitted to the regional office with the completed audit information. 4. Audits NSP shall pay the WHHS $60 for each approved resienergy audit completed by a City auditor. An approved audit is either the HEC, an alternative audit approved by the Minnesota Department of Public Service. Each customer receiving an audit will be billed $10 by NSP. Groups requiring special assistance as defined in the Weatherization section, will not be billed. - 2 - When a blower door test and analysis is included in the BBC an additional $15 will be paid by NSP. 5. Auditor Training NSP shall pay the tuition for the local training for up to two auditors, not to exceed a total of $600, who will perform audits for a WHITS sponsored energy conservation program. 6. Weatherization Materials NSP shall reimburse the WHHS $20 for weatherization materials installed in each home receiving the HEC. A WHITS audi- tor will identify and demonstrate the installation of the materials to the par- ticipants, answer questions and provide special assistance to senior citizens, handicapped persons, low incase individuals and renters. 7. Literature NSP will provide informational publications for WHITS of offer to program participants. 8. Referral and Assistance The WHHS auditors will inform par- ticipants of applicable energy and assistance programs offered by the Energy Division of the Minnesota Department of Public Service, Minnesota Department of Economic Security, the WHHS and other local agencies. 9. Equipment NSP will assist the WHHS in obtaining the necessary equipment required to perform the HEC's. 10. Start -Up Costs NSP will advance a total of $ 0.00 to the WHHS of for start -up costs. This amount will be considered payment for the first 0 HEC completed audits. 11. Reportinq Requirements Each month, the WHHS shall submit an invoice to the NSP General Office Coordinator along with a list of the par- ticipant names, addresses, account numbers and cases where blower door assistance was given (hereafter called Audit Summary). The audits in the Audit Summary should be numbered consecutively fran program start to finish. A copy of the Audit summary, audit results and Custaner Release Form should simultaneously be sent to the NSP Regional Representative for data entry. In addition, the WHHS shall adhere to these and other NSP recordkeeping procedures as agreed when the program is initiated. The WHHS shall grant NSP reasonable access to any books and records concerning the CEC and any of the funds and activities specified herein. The ItHiSS shall cooperate with NSP to respond to any requests for information or other relevant orders of the MPUC. 12. Reimbursement Procedure If audit expenses satisfy the criteria stated herein, NSP shall send a check to the WHHS within 15 days after receipt of the itemized statement. 13. Goodwill The WHHS agrees that each employee, independent contrac- tor, or other person performing any duties required of the WHHS under this - 3 - agreement shall be instructed to refrain from taking any action that will damage or injure the reputation or goodwill of NSP. Should an event occur that viola- tes this provision, the City and NSP will mutually agree as to the appropriate measures to be taken. 14. Indemnity WHHS Obligations The WHHS shall defend, indemnify, and hold NSP harmless from and against all claims, damages, losses and expenses including attorney's fees and other litigation expenses, arising out of the per- formance or the failure to perform under this Agreement, or any claimed defect in the supplies and materials provided. West Hennepin Human Services Planning Board will have the following insurance: (1) General Public Liability Insurance policy (including owned and hired vehicles) with a $600,000 combined single limit policy which includes protection against personal injury and property damage; (2) automobile Public Liability Insurance policy (including owned and hired vehicles) with a $600,000 cambined single limit policy which includes pro- tection against personal injury and property damage; and (3) Workers' Compensation Insurance according to applicable statutory requirements. In no event shall NSP be liable to WHHS or any of its employees in contract, tort, warranty (express or implied), or otherwise, in any amount in excess of $40,000.00. This section shall survive the campletion of, or termination of this Agreement, or any breach thereof. 14.2 Northern States Power's Obligation Northern States Power shall indemnify and hold harmless the City and the WHHS against any claim, loss, judgement, liability, or expense caused by the negligent acts or anissions or willful misconduct of Northern States Power, and its Employees, regarding Northern States Power's duties under this Agreement. 14.3 The City shall defend, indemnify, and hold NSP harmless fran and against all claims, damages, losses and expenses including attorney's fees and other litigation expenses, arising out of the performance or the failure to per- form under this Agreement, by the City or its Employees, or any claimed defect in supplies and materials provided by the City. However, this agreement to defend, indemnify and hold harmless is not a waiver by the City of the limits of leability provided in Minnesota Statutes, Chapter 466, and the City shall not be obligated to defend, indemnify, and hold NSP harmless in excess of the limits provided therein. In no event shall NSP be liable to the City in contract or warranty (expressed or implied), in any amount in excess of $40,000. This sec- tion shall survive the ccmpletion of or termination of this Agreement, or any breach thereof. 15. Term This agreement shall be effective until WHHS completes the program unless NSP notifies the WHHS that it elects to terminate this agreement earlier after the occurrence of any one of the following events: a) the MPUC specifically orders NSP to terminate this Agreement, b) the MPUC rejects NSP's request to recover in rates any expenses incurred pursuant to this Agreement, or c) the WHHS fails to perform the obligations specified herein. 16. Notices All information should be sent by United States mail, postage thereon prepaid. - 4 - The WHHS shall direct information to the appropriate General Office and Regional NSP representatives as discussed in the Reporting Requirements section. The correct addresses and phone numbers are as follows: General Office Coordinator Regional Representative Name Wanda Reder Name Terri Tiernan Phone 612- 330 -7594 Phone 347 -9555 Northern States Power Company 414 Nicollet Mall Minneapolis, MN 55401 All notices fron NSP to the WHHS shall be sent to: Name Address Phone All parties shall be entitled to rely and act upon notices sent pursuant to this section. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective duly authorized officers, as of the day and year first above written. NORTHERN STATES POWER COMPANY By: Title: THE CITY OF Brooklyn Center By: Title: WEST HENNEPIN HL AN SERVICES PLANNING BOARD By: Title: ATTACHMENT A is Dear Resident: Your City is making an exciting new energy conservation service available this winter. Called a Home Energy Checkup, it is a visit by a professional energy analyst who will help you identify opportunities to increase home comfort and lower your utility bills. The program is exciting because (1)it is an-excellent value--from to $40 worth of conservation materials are left or directly installed in the home. (2)The service costs just 510, or is free*, but it is supplied by trained, experienced professionals (state- certified energy auditors). (3)The service includes the most advanced technology available for - assessing comfort problems: a "blower door" test to measure and locate air leakage (drafts), and furnace testing to measure efficiency and check for safe operation. (4)The personnel are trained to listen to your problems and to give you real answers, not just paperwork. The City is cooperating to provide this service through West Hennepin Human Services, with funding through Northern States Power. No City tax dollars are used to support the program. . Brooklyn Center residents are urged to take advantage of this program. It will make your winter more comfortable, improve the City's housing stock, and help to keep fuel dollars in our local economy. To apply, simply sign below and return this form with your water bill. You will be contacted by West Hennepin to arrange a date_ for the _Checkup� Tear Here Please sign me up for a checkup. I release my fuel and electricity consumption to West Hennepin Human Services for the purpose of predicting savings from conservation actions. Signed:___ -------- --------------- Address: day hone ___________________ Best time to call: eve. phone_______ *Certain lower- income (see below) or disadvantaged households are eligible for a free checkup, including elderly (63 +), handicapped, and single parent heads of households. These households are also eligible for a free weatherization program (worth 5400) called Housedoctoring, if the Checkup shows a need for this treatment. loaner- income eligibility guidelines: number in household gress_ annual _household _ income -------- 1---- - - - - -- 22,700 2 25,900 3 29,105 4 32,400 over 4 members: call 927 -8387 for details I hereby state that my income is below the guidelines above and request that the 010 service fee be waived, signed:____________________ I request waiver of the s1O service fee because of status as (check one): elderly___ handicapped single parent (signed) -------------- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MINNEGASCO AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM (PROJECT AIR) WHEREAS, Minnegasco is making funds available for operating a community energy program, known as Project Air, in the City of Brooklyn Center; and WHEREAS, the West Hennepin Human Services Planning Board has been the lead agency in coordinating and implementing similar community energy programs in other metropolitan cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Brooklyn Center that the mayor and city manager e y are hereby y g y authorized to enter into an agreement with Minnegasco and West Hennepin Human Services Planning Board, for a community energy program known as Project Air. BE IT FURTHER RESOLVED that West Hennepin Human Services Planning Board is hereby designated as administrator of the program. 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 against the same: whereupon said resolution was declared duly passed and adopted. PROJECT AIR AGREEMENT This Project Air Infiltration Reduction (AIR) Agreement for Low Income Homeowners ( "Agreement ") is among the City of Brooklyn Center, Minnesota, ( "City "), 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430; West Hennepin Human Services ( "WHHS "), a unit of government, 4100 Vernon Avenue South, St. Louis Park, Minnesota, 55416; and Minnegasco, Inc. ( "Minnegasco "), a Minnesota corporation, 201 South Seventh Street, Minneapolis, Minnesota 55402. RECITALS Minnegasco is a natural gas distribution company which is directed by Minnesota law to implement residential energy conservation programs which serve low income homeowners who are Minnegasco residential heating customers. Minnegasco has designed a Conservation Improvement Program ( "CIP ") which as been approved by the Minnesota Public Utilities Commission ( "MPUC "). The CIP includes "Project AIR," a project designed to be delivered in conjunction with a city. Minnegasco desires to implement Project AIR in conjunction with the City as an approved CIP. The City desires to enter into this Agreement to insure that effective energy conservation projects are offered to selected low income homeowners living in Brooklyn Center (see Sections 1.2 and 2.2). The City desires to have WHHS implement this project for the City of Brooklyn Center. WHHS, a unit of government created by a joint powers agreement among 15 municipalities in Western Hennepin County, is qualified and willing to implement this project in the City of Brooklyn Center for the City. Therefore, the parties intending to be legally bound, agree for themselves, their successors and assigns as follows: SECTION 1. DUTIES OF WHHS WHHS is responsible for implementation of all facets of Project AIR. These duties include: 1.1 Marketing WHHS will promote Project AIR through advertising, mailings or other direct communications. In any advertising, mailing or other direct communications about Project AIR, WHHS will disclose that the project is jointly sponsored by WHHS, the City of Brooklyn Center, and Minnegasco and that Minnegasco ratepayers are funding a portion of the project. 1 I 1.2 Selection and Scheduling of Participants: WHHS will create and imp ement a procedure to select up to 100 low income homeowners, as defined by the City (see Section 2.2), who are Minnegasco residential heating customers on the day of the Project AIR visit. 1.3 Referral and Assistance: WHHS will inform all applicants for and participants in Project AIR of the various assistance programs offered by the Energy Division of the Minnesota Department of Public Service, the Minnesota Department of Jobs and Training, the City of Brooklyn Center and other local agencies. WHHS will assist any applicant or participant in seeking assistance from other programs for which they may be qualified. 1.4 Customer Release Form: WHHS will obtain signed authorization from each participant in Project AIR allowing Minnegasco to ,release their consumption data to WHHS or the subcontractors. WHHS will have these authorization forms on file and will make ahem available to Minnegasco upon request. 1.5 Project AIR: Project AIR is described in Section 4 of this Agreement. WHHS will ensure Project AIR is delivered in accordance with the project description in Section 4 of this Agreement. 1.6 Project AIR Forms: WHHS will provide, for Minnegasco and the City's approval, Project AIR forms that document pertinent information concerning each Project AIR visit, including labor hours spent on each task and a clear designation between improvements installed and improvements recommended. Project AIR forms will include: ° Participant name, address, and telephone numbers; ° Minnegasco account number; ° House volume and square footage; ° Labor hours spent on each task; ° Pre and post blower door test results; ° A list of improvements installed in the residence; ° A list of improvements recommended to the participant; ° Participant's signature and date of visit; ° WHHS or subcontractor telephone number for participant to call if clarification or additional information is desired. Project AIR forms will be available in triplicate - -one copy for the participant, one copy for WHHS, and one copy for Minnegasco. 1.7 Participant Information WHHS will provide Minnegasco, upon request, any participant information it obtains to fulfill WHHS's and the City's obligations under this Agreement. 2 1.8 Selection of Personnel /Subcontractor: WHHS is responsible for the personnel selected to administer and perform Project AIR (see Section 2.3). WHHS will take bids for a qualified subcontractor to do the required work. Prior to the subcontractor's acceptance, Minnegasco, the City, and WHHS must approve the subcontractor. 1.9 Certification of the Work: Within ten working days of the sub- contractor's submission of its invoice to WHHS, WHHS will approve or disapprove the work. If WHHS disapproves the work, the subcontractor will have fifteen working days to cure any problems and resubmit the invoice. WHHS will not pay the subcontractor if it fails to correct the problems. 1.10 Monthly Progress Report WHHS will submit a monthly progress report to Minnegasco and the City by the 10th of each month. The report will include: ° The promotion completed; ° The number of homes contacted, scheduled and completed; ° Other items which indicate the progress of the project. 1.11 Follow -u Duties: Between thirty and sixty days following the completion of a Project AIR visit, WHHS will contact each household to solicit feedback on the effectiveness of the visit, including: ° Name and address of household; ° Family size or number of persons in household; ° Income category of household; ° Age of home; Previous energy workshop or weatherization experience; and Information on additional energy conservation actions taken by the household as a result of knowledge acquired through the Project AIR visit. If action is pending, WHHS will re- contact the household to obtain the required information within one month of the date of the pending action. WHHS will further obtain the following ratings from participants: ° Subcontractor's knowledge of subject matter; ° Courteousness and helpfulness of subcontractor; ° Quality and neatness of installed weatherization workmanship; ° Usefulness of information presented; ° Clarity and understandability of the information presented; ° Courteousness and helpfulness of WHHS energy office staff; and ° Other follow -up which has taken place by the homeowner or WHHS energy office staff. 3 To ensure information is consistent WHHS will use the questionnaire provided by Minnegasco. 1.12 Survival: Sections 1.10 and 1.11 shall survive termination of thisAgreement until the tasks described therein are completed. SECTION 2. DUTIES OF THE CITY 2.1 Marketing The City will assist in promoting Project AIR through advertising, mailings, and other direct communications. 2.2 Selection of Participants: The City will recommend to WHHS low income homeowners who are Minnegasco heating customers for possible participation in this project. The City is responsible for defining "low income" for its community. The definition will be provided to Minnegasco for approval and to WHHS for use in selecting participants for Project AIR. Payments hereunder, however, only pertain to Minnegasco heating customers. 2.3 Selection of Personnel /Subcontractor The City will participate in the selection of a subcontractor to perform Project AIR. SECTION 3. DUTIES OF MINNEGASCO 3.1 Pre - Retrofit Consumption History: Minnegasco will make available to WHHS or the subcontractor the pre- retrofit 12 -month consumption history for each participant in Project AIR for whom WHHS has on file a signed consumption release authorization form. Heat factor, base factor and total annual consumption will be made available telephonically if necessary. If WHHS or the subcontractor desires a consumption history print -out, Minnegasco will need a minimum of 5 working days to obtain the history and mail it to WHHS. 3.2 Post- Retrofit Consumption History: Upon request by WHHS, Minnegasco will make available to WHHS the post - retrofit 12 -month consumption history for each participant in Project AIR for whom WHHS has on file a signed consumption release authorization form and where there has been no change in residency of the involved dwelling unit. The consumption history print -out on these residences will be provided within 30 days of the request by WHHS. 3.3. Informational Publications Minnegasco will provide available Minnegasco informational publications for the subcontractor to provide to residents who participate in the project. 4 SECTION 4. PROJECT AIR WHHS may subcontract with a qualified subcontractor to complete the weatherization improvements listed in Sections 4.1 -4.3. These improvements will be based on reductions of air leakage which will be measured by depressurizing the home and calculating Cubic Feet per Minute (CFM) of air flow through the blower door at 50 Pascals (50 Pa). The calculations may be modified by height, wind shielding, and leakiness correction factors as developed by Lawrence Berkeley Laboratories and adapted to Minnesota by the Energy Division, Minnesota Department of Public Service. WHHS will establish a goal for the subcontractor to reduce the correctable air infiltration rate of each home by an average of 40 %. Homes will not be tightened beyond the following limits: For homes with 5 or less current or potential occupants (estimated at 2 occupants per bedroom): 1200 CFM at 50 Pa. ° For homes with 6 or more current or potential occupants (estimated at 2 occupants per bedroom): Number of occupants times 225 CFM at 50 Pa. The subcontractor shall perform blower door tests throughout the day, at appropriate intervals, to insure that the house is not tightened below the CFM limits stated above and to determine whether further air infiltration reduction is practical, safe and cost effective or whether the subcontractor should perform non -air infiltration reduction measures listed in Sections 4.2 and 4.3. The subcontractor shall document the rationale for the decision to discontinue air infiltration reduction measures and implement non -air infiltration reduction measures. No home shall be left at an infiltration rate less than the above stated limits to ensure the home remains above nationally recognized safe ventilation levels. Each home is subject to the cost limitations stated in Section 6. 4.1 Reduce Air Infiltration ° Seal leakages into attics, including but not limited to those around light fixtures, chimneys and flues, soil stacks, wiring, partition walls, dropped ceilings over cabinetry and closets; ° Weatherstrip attic entries; ° Caulk interior ceiling moldings with clear paintable caulks; ° Caulk interior window jambs, trims, stops, stools and sills as needed; Install pulley seals to window pulley holes; ° Adjust or replace window sash locks; ° Caulk interior door trim and jambs; ° Repair or replace door weatherstripping and sweeps; ° Weatherstrip windows in poor condition; Install air conditioning cover on window air conditioners which remain in the window all year; 5 ° Install gaskets for electrical outlets and switches and insert safety plugs with gaskets into unused outlets; ° Seal plumbing entries into partition walls; ° Caulk baseboards; Caulk penetration in basement of crawlspace ceiling; ° Caulk rim joist area; and ° Caulk sill /foundation joist. All caulking shall be clear silicon or silicon /latex. 4.2 Install/Replace or Recommend Replacement/Installation of Insulation in the fo owing areas: ° Attic entries where missing or damaged to meet a minimum of R -19; ° Rim joist area to R -19; and ° Knee wall area to R -19 where missing. 4.3 Improve or Recommend Improvements to Heating and Domestic Hot Water DHW System Efficiency relative to: ° Heating duct joints in unheated areas; ° Furnace filters, including advising homeowners on replacement procedure for a filter needing replacement; ° Placement of furniture, draperies or carpeting so these articles do not inhibit heat distribution and advise homeowners of the importance of unobstructed heat distribution; ° Comparison of thermostat setting with actual temperature to check for any variance; Insulation of ducts and hot water pipes in attics, crawlspaces and other unheated areas; ° Installation of flow restricters for faucets and showers. SECTION 5. COSTS 5.1 Costs of the City The City is responsible for all costs incurred in performing its duties. 5.2 Costs of WHHS WHHS is responsible for all costs incurred in performing its duties. 5.3 Costs of Minnegasco Minnegasco is responsible for all costs incurred in performing its duties. SECTION 6. COMPENSATION 6.1 Start -Up Costs Minnegasco will advance WHHS a total of $820 for start -up costs. This amount will be considered payment for the first $820 worth of Project AIR visits. 6 ' d 6.2 Project AIR Visits: Minnegasco will pay WHHS $205 per 8 -hour Project AI7 visit or $410 per 16 -hour Project AIR visit completed and certified by WHHS, excluding the first $820 as specified in Section 6.1 above. 6.3 Invoicing: WHHS will invoice Minnegasco by the 10th working day of each month for work completed and certified the previous month. WHHS will simultaneously forward a copy of the invoice to the City. If for any reason the City disapproves of any portion of the invoice, the City will notify Minnegasco of such with 10 days of the date of the invoice. If the City approves the invoice, no action need be taken and Minnegasco will assume approval. Minnegasco will submit payment within 30 days of receipt of the invoice. The invoice must list: ° Names, addresses, and Minnegasco account numbers of households included in the invoice; ° Total number of visits being invoiced; and ° Total amount of the invoice. The terms of Section 1.9 must be completed for each listed home prior to invoicing. Project AIR forms for each participant listed on the invoice, including a copy of the pre and post blower door test computer printouts, and the Progress Report must accompany the invoice. 6.4 Limitations: For the duration of this Agreement, funding for Project AIR is limited to 100 8 -hour Project Air visits, or 50 16 -hour Project AIR visits, or a combination of the two not to exceed a maximum total funding of $20,500. This Agreement further limits funding to a maximum of $10,250 for the first nine -month period of this Agreement and $10,250 for the second nine -month period. If the maximum amount is not spent in the first nine -month period, no carry -over or accrual to the second nine -month period will be permitted. SECTION 7. GOODWILL The City and WHHS agree that any of their respective employees, independent contractors or other persons performing any duties required of the City or WHHS under this Agreement shall be instructed to avoid words or actions that would convey a negative image for Minnegasco. Should an event occur that violates this provision, the City, WHHS, and Minnegasco will mutually agree as to the necessary corrections to be made. SECTION 8. MPUC APPROVAL The terms of this Agreement are dependent upon MPUC's approval of the request by Minnegasco to operate this project in Brooklyn Center. Unless this Agreement is prohibited by the MPUC, or recovery of project costs through natural gas rates is disallowed by the MPUC, 7 this Agreement shall be in force through April 30, 1990. If approval is withdrawn, Minnegasco shall notify the City and WHHS and thereafter performance by the parties will not be required. SECTION 9. LIABILITY AND INDEMNIFICATION 9.1. C Ci �i t__'s�s O bligations: The City shall indemnify and hold harmless Minnegasco an HHS against any claim, loss, judgment, liability, or expense for damage to any property, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful misconduct of the City's officers, employees, and representatives during its performance of its duties under this Agreement; provided, however, that this Agreement to indemnify and hold harmless is not a waiver by the City of the limits on liability provided in Minnesota Statutes, Chapter 466, and the City shall not be obligated to indemnify and hold harmless Minnegasco or WHHS in excess of the limits provided therein. 9.2 WHHS's Obligations WHHS shall indemnify and hold harmless Minnegasco and the City against any claim, loss, judgment, liability, or expense for damage to any property, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful misconduct of WHHS's officers, employees, and representatives during its performance of its duties under this Agreement. 9.3 Minne asco's Obligations: Minnegasco shall indemnify and hold harmless the City and WHHS against any claim, loss, judgment, liability, or expense caused by the negligent acts or omissions or willful misconduct of Minnegasco, and its agents and employees during its performance of its duties under this Agreement. SECTION 10. INSURANCE The City and WHHS will have the following insurance: (1) General Public Liability Insurance policy (including owned and hired vehicles) with a $600,000 combined single limit policy which includes protection against personal injury and property damage; (2) Automobile Public Liability Insurance policy (including owned and hired vehicles) with a $600,000 combined single limit policy which includes protection against personal injury and property damage; and (3) Workers' Compensation insurance according to applicable statutory requirements. The City and WHHS will provide certificates of insurance upon request. Minnegasco has General Public Automobile. c Liabilit Insurance and Automo a 9 y c Public Liability Insurance in excess of $25 million. Minnegasco has Workers' Compensation Insurance according to applicable statutory requirements. Minnegasco will provide certificates of insurance or other evidence of the insurance upon request. 8 SECTION 11. COMPLETE AGREEMENT This is the parties complete Agreement and cannot be modified except by a written amendment signed by all parties, except as specified in Sections 7 and 8. SECTION 12. NOTICES All notices under this Agreement will be deemed delivered when mailed, postage paid, to the other parties at the following addresses: If to Minnegasco: If to WHHS: If to the City: Susan K. Nathan Bruce Larson Geralyn R. Barone Administrator West Hennepin Human City of Energy Programs Services Brooklyn Center Minnegasco, Inc. 4100 Vernon Ave. So. 6301 Shingle Creek Pwy 201 South 7th Street St. Louis Park, MN Brooklyn Center, MN Minneapolis, MN 55402 55416 55430 SECTION 13. TERMS This Agreement shall be in effect from November 1, 1988 through April 30, 1990. MINNEGASCO, INC. WEST HENNEPIN CITY OF BROOKLYN HUMAN SERVICES CENTER By By By Phillip R. Hammond Marcia Shapiro Dean Nyquist Vice President Executive Director Mayor Gas Supply & Regulatory Admin. Division By Gerald Splinter City Manager Dated: Dated: Dated: 9 CITY OF BROOKLYN CENTER Council Meeting Date a S 8S Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION Resolution Closing Project Costs and Appropriations in the Capital Projects Fund *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: CkAnl&4, Signature - title A MANAGER'S REVIEW /RECOMMENDATION:.�� No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Over the years, numerous _projects have been started and completed in the Capital Projects Fund, but none have been officially closed since 1983. The attached resolution closes all projects which are now complete, except the Golf Course which is handled separately. Most of the individual projects came in under budget and the group as a whole is under budget. However, several projects were over budget. The attached memo gives explanations for the four projects with the largest overruns. In addition, the Unallocated Expense of $1,530.00 represents auditor's fees which were charge- able to the fund, but for which there Dress never an appropriation. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: G. G. Splinter, City Manager FROM: Paul Holmlund, Finance Director Sy Knapp, Director of Public Works DATE: December 1, 1988 RE: Closing Project Costs and Appropriations on Various Capital Projects Fund Improvements The attached resolution provides for the closing of a number of projects within the Capital Projects Fund. The following explanations are offered relating to the four projects for which additional allocations are recommended: Project No. 09 - Fuel Dispensing System This project consisted of two phases, i.e. - Phase 1 - remove, salvage and recondition the fuel tanks from the new "Liquor Store No. 1" site (i.e. the old 7 -11 store) at a costs of .................$12,675.00 Phase 2 - to reinstall these reconditioned tanks and to purchase and install other equipment as needed to provide a new fuel dispensing system at the City Garage at a cost of ................... Total $72,981.00 As previously established in Resolution No. 84 -171 (copy attached), the "Phase 1" costs were to be charged to the Liquor Store Fund. However, further evaluation indicated that the primary benefit of this work was to the City Garage (although the Liquor Store obviously also had a need to have the tanks removed). Accordingly, Phase 1 costs were charged to the Capital Projects Fund, without benefit of an appropriation to cover those costs. Because $67,682 was appropriated to cover "Phase 2" costs, the net over— expenditure on this project is $7369.00. It is recommended that this amount be appropriated to allow closing the project with a "zero balance ". �1S 1966111-UAfRIGI QI'! =� Page Two December 1, 1988 Project No. 39 - Central Park Plaza The $49,980 "over expenditure" consists of the following items: Resolution No. 87 -73 (see attached copy of this resolution and the report dated 4/2/87) approved payment for additional costs relating to this project, but inadvertently failed to provide an additional appropriation of funds to cover those costs ........ $42,097.00 A contract was awarded to Collins Electric to install • special electrical service connection to provide • source of power for the showmobile ..........................$ 4,800.00 A number of small project enhancements (additional landscaping, adding electrical receptacles, minor changes to irrigation system, etc.) were made without prior appropriation of funds, totalling ............... 3,083.00 Total $49,980.00 Project No. 53 - Palmer Lake Basin The original 1982 Palmer Lake Basin Improvement Project was completed with a remaining fund balance of $22,815. In 1987, an additional project (i.e. construction of a trailway in East Palmer Lake) was approved, placed under contract and completed at a total cost of $48,748. (See attached copies of Resolution No. 87 -143 and Director of Public Works report dated April 29, 1987). It is noted, however, that while the resolution states that costs for this project ".....shall be financed from in Division 53 of the Capital Projects Fund ", it does not allocate the funds for this purpose. Accordingly, we recommend that the oversight be remedied by approval of the appropriation. Project No. 84 - Community Center Improvements (i.e. Installation of New Roof and Interior Remodeling - Including Work in Constitution Hall_) While contract costs were approximately $3500 below budget, total project costs are over-expended in the net amount of $9633.34. This over - expenditure is totally the result of increased architectural fees which resulted from the following additional work items completed by the architect: higher- than - expected project supervision costs which were necessitated by the poor performance of the painting contractor (i.e. frequent starts and stops; improper submittal of shop drawings, schedules, etc.; unsatisfactory work which had to be redone and reinspected; conflicts with subcontractors and suppliers; etc.). While this additional work by the architect Page Three December 1, 1988 ultimately ssured completion of the project according o specifications, Y P P J g P this resulted in increased ro'e ct cost of approximately P J PP Y .............$4000 - architectural and interior design fees relating to Constitution Hall, i.e.: development of design concepts; meetings with the Bicentennial Commission members; development of detailed drawings, specifications and requests -for- proposals; approval of shop drawings, etc. These fees totalled approximately ............................... ..........................$ - conducting investigations, developing preliminary recommendations and cost estimates for future repairs and improvements to the Community Center. These fees totalled approximately ..... ............................... 3200 Total increase in architectural fee — $13,200 Summary Adoption of the attached resolution will accomplish all of the above supplemental appropriations and officially close 25 various projects.... most of which were completed "within the budget ". Paul Holmlund, Finance Director Sy Knapp, rector of Public Works � C � Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 84 -171 RESOLUTION ESTABLISHING CITY GARAGE /7- ELEVFLV STORE FUEL TANK RECONDITIONING PROJECT N0. 84-1 ACCEPTING PROPOSAL FOR WORK THEREON WHEREAS, the City Council considers it to be in the best interests of the City to provide for the replacement of the fuel tanks at the Muncipal Service Garage; and WHEREAS, the City has recently purchased the former 7- Eleven convenience store /gas station for use as its municipal liquor store site, thereby making replacement fuel tanks readily available; and WHEREAS, the City Engineer has received proposals for the unearthing and reconditioning of said replacement tanks, said proposals as follows: Bidder Proposal Determan Welding & Tank Service Co., Inc. $12,675.00 Petroleum Maintenance Company 16,400.00 WHEREAS, the City Engineer has advised the City Council that the proposal of Determan Welding & Tank Service Company, Inc., in the amount of $12,675.00, is the lowest responsible proposal received and has recommended that a contract be awarded to said firm in that amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed improvement shall be established as follows: CITY GARAGE /7- ELEVEN FUEL TANK RECONDITIONING PROJECT NO. 1984 -16 2. The proposal of Determan Welding & Tank Service Company, Inc. in the amount of $12,675.00, is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with said firm in that amount. 3. The accounting for Improvement Project No. 1984 -16 will be done in Division 91 of the Liquor Store Fund. November 19, 1984 Date Mayor ATTEST: 44e r Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -73 RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -J, CIVIC CENTER PLAZA IMPROVEMENT PROJECT NO 1984 -10 WHEREAS, pursuant to writers Contract.1984 -J signed with the City of Brooklyn Center, Shafer Contracting Co., Inc. has substantially completed the following improvement project in accordance with said contract: Improvement Project No. 1984 -10, Civic Center Plaza Improvement AND, WHEREAS, an agreement has been reached between the contractor and the City of Brooklyn Center to resolve the issues detailed in the report submitted by the Director of Public Works with regards to the pond liner payment and replacement of certain plantings: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The work completed under said contract is accepted and approved subject to the following condition: The contractor shall submit a certificate of deposit in the amount of $5,000.00 to guarantee the replacement of certain plantings by the contractor before June 1, 1987. 2. The amount of said contract payment shall be according to the following schedule: As Approved Final Amount Original Contract $427,427.35 $450,012.18 I , 3. The value of work performed is greater than the original contract amount by $22,585.46 due to overruns in pond liner costs, piling costs and a general underestimation of planned quantities. 4. Final project costs are summarized as follows: As Bid Final Contract Costs Shafer Construction Co., Inc. $427,427.35 $450,012.81 Albrecht Company 6,426.00 6,426.00 Minnesota Valley Landscaping 6,475.00 Custom Turf Irrigation, Inc. 1,575.00 Engineering Brauer 39,600.00 44,222.81 STS 3,400.00 3,394.75 City 4,852.61 5,078.47 Administrative 4,338.53 4,564.39 Other Improvements 0.00 6,392.49 TOTAL $486,044.49 $528,141.72 Resolution No. 87 -73 5. It is hereby directed that final payment be made on said contract. subject to the above conditions, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $450,012.81. April 6, 1987 Date Mayy ATTEST: 00L Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: Gerald G Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 2, 1987 RE: Civic Center Plaza Improvement Item No. 1 - Final Contract Payment to Shafer Contracting Construction of the civic Center Plaza improvement was substantially completed by mid - summer of 1985. Since that time progress in achieving final completion has been extremely slow and frustrating. The two major items which prevented resolution of this matter were: Item 1 - There was a disagreement between the City, the General Contractor, a subcontractor, a material supplier, and our project architect regarding the amount of liner materials used for the pond and the basis of payment for those materials (i.e. should payment be based on the amount of materials used, including trimmings which were cut off and thrown away, to conform to the free form shape of the pond; or should payment be based only on the area required to be covered - with no payment made for trimmings ?) Unfortunately, the project specifications were not clear on this issue. Item 2 - A number of plantings failed to survive the required guarantee period. And, again, there was considerable disagreement between the various parties involved. Verbal agreements were reached on several occasions, only to have the landscape subcontractor fail to perform under those agreements. Submitted herewith is a resolution which would accept the work under this contract and authorize final payment to be made subject to the following conditions relating to the plantings issue: The contractor agrees that he is required to replace those plantings which have been determined to be his responsibility. While plantings have an estimated value of $3 the contractor agrees to submit a certificate of deposit in the amount of $5,000 (150 percent of the estimated value) to assure that these plantings are replaced before June 1, 1987. (Note :' Contract specifications provide that the warranty requires the contractor to replace plantings only once._ these new plantings would "- ivae ut uiEeiu arr -- �+ April 2, 1987 Page 2 carry no extended warranty.) If the contractor fails to replace the plantings, the City can proceed to do so, using the contractor's $5,000 deposit. The quantities for payment of the pond liner materials reflected in the proposed final payment represent a negotiated compromise between all parties, wherein the City would pay approximately 47 percent of the total amount under dispute (i.e. $3,800 of the $8,050 under dispute) is the best that can be achieved by negotiation, and that if this issue were taken to arbitration, our total costs (including staff time, attorney costs, arbitration costs and the arbitrator's award) would substantially exceed this cost. It is noted that the proposed total contract payments of $450,012.81 exceed the appropriated total of $427,427.35. This $22,585 difference (5%) includes the $3,800 increase for pond liner costs which were under dispute (see above) as well as other overruns - i.e. undisputed increases in pond liner costs resulting from field changes in the size of the pond, overruns on piling costs and other smaller overruns. I recommend that the City Council adopt the attached resolution accepting the project and approving issuance of final payment - subject to the conditions noted. i Item 2 - Planting_ Replacement It is my opinion, and the opinion of our '3ndscape architect, that a number of the plantings which have failed to st:ive are not the responsibility of the contractor for several reasons, i.e.: - Some of those plantings are located in soil conditions and /or high - water areas which do not provide those plantings with the conditions they need to survive. - A few of those plantings are still "alive ", but do not have a good prospect for long -term survival. It is recommended that these be replaced now, at the same time that the other plantings are being replaced. - A few plantings did survive well past the original warranty period, then died later. So as to have these plantings replaced at the same time as those which the contractor is responsible for, we have negotiated a proposed contract directly with Shafer's landscaping subcontractor, Minnesota Valley Landscaping. That proposed contract represents the following 3 items: 1. Replace all plantings which have been determined to be the City's responsibility $ 1,725.00 April 2, 1981 Page 3 2. Re- landscape areas around selected trees, provide drain tiling, etc, to provide site conditions more conducive to survival of plantings $ 2,900.00 3. Provide 1 year guaranty for all new plantings installed, both under this agreement and those installed under Shafer's contract warranty $ 1,850.00 Total $ 6,475.00 Items 1 and 2 are necessary if we are to replace all original plantings with new plantings. Note Some changes in species of plantings and in the size of plantings are included in this proposal. The two most noticeable changes will be: - The replacement Linden trees adjacent to the pond will be 3 to 4 inches in diameter instead of the 6 to 7 inch diameter original trees. This change is recommended because (1) the smaller trees will have a much better change of survival; and (2) it is nearly impossible to bring in equipment which would be large enough to handle the big trees, without doing extensive damage to the plaza. The dead Hackberry trees in the area between the two softball fields will be replaced with Red Maple trees. Item 3 - The One Year Guarantee is optional and somewhat high - priced. However, I recommend that the City also accept this part of the proposal since it should serve to give the contractor a special incentive to assure that the replacement trees are planted with T.L.C. If this option is not taken, all future replacement will be at the City's expense. A resolution accepting this proposal is submitted for consideration by the City Council. Item No. 3 - Installation of Semi - Automatic Sprinkler System For Flower Beds You will recall that the existing watering system provides a "hose bib" at each of the 7 flower beds in the plaza. Experience has shown that use of hoses with sprinklers for this is very labor - intensive. Accordingly, we have obtained a proposal from Custom Turf Irrigation, Inc. to install a semi - automatic (i.e. manual turn -on, automatic shut -off) watering.system for each of the flower beds, at a total cost of $1,575.00. It is estimated that this represents about a 2 year payback. April 2, 1987 Page 4 A resolution approving this proposal is submitted for consideration by the City Council. Re / s�ectfully submitted, 3 Sy Vnapp Director of Public Works r SK: J- i i t Member Bill Hawes introduced the following resolution and moved i g its adoption: RESOLUTION NO. 87 -143 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -J (EAST PALMER LAKE TRAIL IMPROVEMENT PROJECT 1987 -12) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1987 -12, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 9th day of July, 198.7. Said bids were as follows: Bidder Bid Amount Ideal Paving, Inc. $ 44,690.00 H.L. Johnson Company 44,733.40 Alber Construction 46,979.00 Barber Construction 52,007.10 Hardrives, Inc. 68,740.60 Valley Paving 68,743.60 WHEREAS, it appears that Ideal Paving, Inc. of Brooklyn Park, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1, The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $44,690.00 with Ideal Paving, Inc. of Brooklyn Park, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1987 -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 their bids, except that the deposit of the bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project No. 1987 -12 is hereby amended according to the following schedule: As Bid Contract $ 44,690 Engineering (9%) 4,022 Administration 447 $ 49,159 2. The estimated costs shall be financed in Division 53 of the Capital Projects Fund. CITY 6301 SHINGLE CREEK PARKWAY OF B F OOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE- FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 29, 1987 RE: Palmer Lake Trail Improvements Attached hereto is a map which shows pedestrian and bicycle trailways in the East Palmer Lake area. You will that there is no connection between the existing trailways on 69th Avenue and the trailway system in the vicinity of East Palmer Lake Park. That connection was considered several years ago but was deleted from consideration at that time because of objections from property owners along Oliver Avenue North, with the understanding that construction of the segment might again be considered at some future date. Since that time the number of people using the trailway systems in the Palmer Lake are has increased substantially, numerous requests have been received from residents for construction of this segment of the trailway system, the Park and Recreation Board has recommended that it be considered for construction in 1987, and the City of Brooklyn Park has initiated and nearly complete4construction of its trailway system at the north end of Palmer Lake Park. Accordingly, we have attached, for consideration by the City Council, another map showing proposed construction. On this map we have shown the improvement of several segments of the trailway system as follows: Segment 1 includes the reconstruction of the existing trail in the area just north of the 69th Avenue trail crossing. At the crossing the grade would be raised to improve the crossing approach. The access to the City's snow storage site would also have to be rebuilt in order to make the grades for that facility be compatible with the trail crossing grade. In addition, Segment 1 includes the construction of a new bikeway trail approximately parallel to the existing trail on the north side of 69th Avenue (Segment IA) so as to allow the pedestrian traffic and bicycle traffic to be separated in this area. Alternatively, the map also shows the possible bituminous paving of the existing woodchip trail which lies approximately halfway between 69th Avenue and Palmer Lake (Segment 1B). 7ltC � �dNtiC �a�tC April 29, 1987 Page 2 Segment 2 proposes the construction of the "missing link" of the trailway system between the 69th Avenue trailway and East Palmer Lake Park, with a connection to Oliver Avenue North at the south edge of East Palmer Lake Park. Segment 3 shows the construction of a trailway system across East Palmer Lake Park to connect to the existing trailway system north of East Palmer Lake Park. Segment 3A would be a new trailway constructed near and approximately parallel to the sidewalk which exists along the west side of Oliver Avenue North. Alternatively, Segment 3B shows the possible bituminous paving of the existing woodchip trail which follows along the westerly side of East Palmer Lake Park. Construction Procedures and Cost Estimates Nearly all of the proposed construction would occur in the areas of questionable subgrade material. Accordingly, it is proposed to utilize geotextile fabrics 12 feet wide to support the proposed trailways. The construction procedure would be to place the geotextile fabric directly over the existing vegetation which has been flattened and left in place, placing approximately 12 inches of granular subgrade materials, 4 inches of a Class 5 granular aggregate, and a bituminous surface which is 2 inches thick and 10 feet wide. In areas where the subgrade is acceptable the geotextile fabric will be deleted from the construction. Following are cost estimates for each of the individual segments which we have suggested for your consideration: Segment 1 69th Avenue North entrance modifications Construction Cost $ 7,170.00 Engineering, Overhead & Contingencies (25 %) 1.790.00 $ 9,960.00 Segment lA Trail parallel with 69th Avenue North Construction Cost $10,000.00 Engineering, Overhead & Contingencies (25 %) 2,500.00 $12,500.00 I April 29, 1987 Page 3 Segment 1B Bituminous surface of existing woodchip trail Construction Cost $14,200.00 Engineering, Overhead & Contingencies (25 %) 4.700.00 $18,900.00 Segment 2 Connection from south side of East Palmer Lake Park to trail Segment lA or Segment 1B Construction Cost $16,000.00 Engineering, Overhead & Contingencies (25 %) 5,300.00 $21,300.00 Segment 3A Connection along Oliver Avenue North from south end of park to existing bituminous trail at 71st Avenue North Construction Cost $ 6,000.00 Engineering, Overhead & Contingencies (25 %) 2,000.00 $ 8,000.00 Segment 3B Bituminous surface of existing woodchip trail ' along westerly perimeter of ball fields Construction Cost $11,250.00 Engineering, Overhead & Contingencies (25 %) 3.750.00 $15,000.00 The staff recommended alignment consists of Segments 1, 1A, 2 and 3A. It is recommended to leave Segments 1B and 3B as woodchip nature trails. Estimated total costs are as follows: Segment 1 $ 9,960.00 Segment lA 12,500.00 Segment 2 21,300.00 Segment 3A 8,000.00 $51,760.00 April 29, 1987 Page 4 Alternate alignment Segment 1 $ 9,960.00 Segment lA 12,500.00 Segment 2 21,300.00 Segment 3B 15.000.00 $58,760.00 Alternate alignment Segment 1 $ 9,960.00 Segment 1B 18,900.00 Segment 2 21,300.00 Segment 3A 8,000.00 $58,160.00 Additional Considerations If the City Council wishes to consider proceeding with the proposed improvements, it is recommended that a hearing on the matter be scheduled for May 18th, and that staff be instructed to send individual notices to each of the residents who live adjacent to Segment No. 2 notifying them of the hearing. The accounting for this project should be completed in the Capital J p p Projects Fund, Division 53 "Palmer Lake Basin ". This division presently has a balance of $22,815.00. (This balance includes $5,908.63 of unexpended LCMR funds which are available for construction of improvements in Palmer Lake Park if those improvements are completed during 1987.) In addition, the City's LAWCON Grant for Palmer Lake Park has an unencumbered balance of $5,399.04 which also is available for improvements in Palmer Lake Park if those improvements are completed during 1987. If the project is approved for construction, the additional funding, as needed, should be appropriated from the City's Capital Project Fund Balance. Because of the proposed trailway system improvements lie within the Palmer Lake Flood Plain area. a ermit for construction _ P of those segments must be obtained from the Shingle Creek Watershed Management Commission. If directed to do so by the City Council City staff aff will prepare and submit that application to the Watershed Commission. Respec fully submitted, Sy app Director of Public Works SK: jn . �' v t . � , Y� i'!•- t ! t � + i r(rl f � { i. 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I {; 1 •� �' 2. iia:, r� �• - - d !- , X� / f Q 1 i� e •_a 1 fw.'4.v R • 'V � � r7. ..fl�'; ,, -.��`� r:a �., 'L41ti�',G;�. :�• . a.. ��::,y�f.: ;VHF; •`' Uq -la wl All � fi 7! kJ1 '� a ' tea a r:. •, r ��id ��,1 , �'r�Ei} { M i H... ..'fya�jl is Y'� - ! t• i' ,iiV i, ��f.:• J1 y N t. 7� l� :r ,f�} +U ' } ,, t} 3 .."; '{: i i,�,r° sY d Cyr? ;j., }��.:p }. '. •�. r 71 �'•' �' a J W };'Lv .. i , r�lJ • � r"�ti Y f t� '#.' "I,. a.7 s � f : �� t jjj �� a r. Y a ! � . r .�. t y7y..i r S •r.`I�P. _� +'• �' '� - t r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CLOSING PROJECT COSTS AND APPROPRIATIONS IN THE CAPITAL PROJECTS FUND ---------------------------------------------------------- WHEREAS, the City Council of the City of Brooklyn Center passed Resolution 68 -246 which established a Capital Projects Fund in order to provide financing for certain major, permanent facilities needed by the City; and WHEREAS, certain projects within the Capital Projects Fund have been completed and the costs have been tabulated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the Director of Finance is directed to close the books of accounts for the following projects and return the under expended balance to the Unappropriated Fund Balance of the Capital Projects Fund for the follaaing projects: Over - Proj. Under No. Description Appropriated Expended Expended - - - -- ------------------------ - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- 00 Unallocated Expenses $ 0 $ 1,530 $ -1,530 06 Portable Stage Unit 60,514 60,557 -43 07 East Fire Station Heating 13,670 13,470 200 08 Riverfront Acquisition 4,818 4,864 -46 09 Fuel Dispensing System 67,682 75,051 -7,369 37 Central Park Plaza 478,976 528,956 - 49,980 38 Evergreen Park Improvement 336,910 282,719 54,191 39 Brookwood Utilities 463,690 336,255 127,435 40 Municipal Garage Improvements 568,000 562,339 5,661 47 Central Park Landscaping 102,635 97,086 5,549 49 Central Park Garden City Trail 93,700 93,991 -291 50 Civic Center Building Access 20,000 8,577 11,423 53 Palmer Lake Basin 256,485 282,418 - 25,933 56 Central Park Phase III 270,806 261,988 8,818 57 Civic Center Access 347,236 334,838 12,398 58 Sidewalk Curb Cuts 12,000 10,086 1,914 59 Solar Demonstration Project 50,000 49,377 623 70 Police Dept. Communications 225,000 221,057 3,943 70R Police Dept. Remodeling 55,868 56,252 -384 82 Satellite & Dumpster Enclosure 70,625 58,686 11,939 84 Community Center Remodeling 360,015 372,873 - 12,858 86 City Hall Elevator 65,000 52,674 12,326 88 Neighborhood Parks 975,693 966,057 9,636 89 Shingle Creek Trailway II 193,700 182,773 10,927 97 Shingle Creek Trailway I 313,124 293,268 19,856 $ 5,406,147 $ 5,207,742 $ 198,405 ---- - - - - -- ---- - - - - -- ---- - - - - -- ---------- ---- - - - - -- ---- - - - - -- Da to 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. a CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION Resolution Authorizing an Additional Appropria:_i_o-1 -and Closing the Project for the Centerbrook Golf Course DEPT. APPROVAL: CHIC � p a4t"c" , F,c yc a.wc , Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached This project has been a major undertaking with land acquisition happening in 1981 and construction starting in 1985. Budgets were made and then had to be revised as the scope of the project became apparent. Construction has now been completed, and a final cost determined. This cost is $16,016.75 over the last appropriation. See attached memo for details. The attached resolution recognizes the final cost, makes an appropriation for the additional cost, and officialy closes the project. CITY 6301 SHINGLE CREEK PARKWAY OF *:JrBR00KLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: G. G. Splinter, City Manager FROM: Paul Holmlund, Finance Director Sy Knapp, Director of Public Works DATE: December 1, 1988 RE: Centerbrook Golf Course - Closing Project Fund All items of construction and initial development relating to the Centerbrook Golf Course have now been completed. Accordingly, it is recommended that the project be closed, with the following notations: Note 1 - Project costs have totaled $1,786,408.75 vs. total appropriation of $1,770,392.00 (i.e. an overrun of $16,016.75). The major reason for this cost overrun is that legal costs to date relating to clearing title to the land claimed by MNDOT have totaled $24,869. Note 2 - If additional legal costs are incurred related to this project, it is recommended that those costs be charged to Division 18 (Legal Counsel) of the General Fund. Note 3 - Accounting for enhancement projects for the golf course (including parking lot lighting, additional landscaping, etc.) will be done as a separate fund within the Capital Projects Fund, with separate appropriations for such projects. A resolution is provided for consideration by the City Council. C� V. 44 -L� - --- �!� Paul Holmlund, Finance Director Sy Knapp, irect r of Public Works CJ roeeui- uvewarr � Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AN ADDITIONAL APPROPRIATION AND CLOSING THE PROJECT FOR THE CENTERBROOK GOLF COURSE ---------------------------------------------------------------- WHEREAS, the City Council of the City of Brooklyn Center passed Resolution 68 -246 which established a Capital Projects Fund in order to provide financing for certain major, permanent facilities needed by the City; and WHEREAS, Resolutions 81 -209 and 81 -219 authorized the expenditure of $70,392 for the initial acquisition of land; and WHEREAS, Resolution 85 -114 authorized an appropriation of $600,000 from the fund balance of the Capital Projects Fund and a loan by the Capital Projects Fund of another $500,000 to finance the construction of the golf course; and WHEREAS, Resolution 86 -74 authorized increasing the loan to $1,100,000 to finance construction; and WHEREAS, construction has now been completed at a total cost of $1,786,408.75 which is $16,016.75 more than the appropriation; and WHEREAS, this overrun is attributable to unanticipated legal costs relating to obtaining clear title to land claimed by the MNDOT. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the Director of Finance is directed to close the books of accounts for the Centerbrook Golf Course project and that the final cost of the project is declared to be $1,786,408.75; and BE IT FURTHER RESOLVED to appropriate the sum of $16,017 to the Golf Courese Project from the fund balance of the Capital Projects Fund. 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 (DDDRCC) Agenda .Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AWARDING INSURANCE CONTRACTS DEPT. APPROVAL: &0 W� Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION:' No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached _) EXPLANATION I have negotiated insurance renewals for the City's boiler and machinery insurance and liquor liability insurance coverages for 1989. The Hartford Steam Boiler and Insurance Company has offered to renew the boiler and machinery coverage for an annual premium of $2,162, the same premium as 1988. This is a specialty insurance coverage and Hartford is the leader in this field. The Transcontinental Insurance Company has offered to renew our liquor liability insurance at a rate of $0.81 per hundred dollars of sales. That compares with a rate of $1.31 per hundred dollars of sales in 1988. The total estimated premium on estimated 1989 sales of $2,200,000 for $1,000,000 coverage for each store is $17,820. The total estimated premium for 1988 for the same amount of coverage was $28,600. Our estimated premium will decrease by $10,780 for next year. Reasons for the decrease are: (1) general decrease in liquor liability rates; (2) a 10% discount for no claims during the year; (3) and additional 5% discount for no claims for three years; and (4) an additional 10% discount for conducting special liquor liability training for employees who sell liquor products. STAFF RECOrMMENDATION 1. Award 1989 insurance contracts as follows: The Hartford Steam Boiler Inspection & Insurance Co. for boiler & machinery coverage at an annual premium of $2,162. The Transcontinental Insurance Company for $1,000,000 liquor liability insurance for each City liquor store at a cost of 81 cents per thousand dollars of sales or an estimated total annual premium of $17,820. .2. Designate the Jerome Coughlin Agency as the agent of record for said insurance. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL Pass the attached resolution awarding the insurance contracts and designating an agent of record. 9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. i RESOLUTION AWARDING INSURANCE CONTRACTS WHEREAS, the Director of Finance has negotiated annual renewal premiums for the City's boiler and machinery insurance and liquor liability insurance coverages and they are as follows: The Hartford Steam Boiler Inspection & Insurance Co. Boiler and Machinery $ 2,162 Transcontinental Insurance Company Liquor Liability (Off —Sale) $1,000,000 BI each person $1,000,000 BI each occurrence $1,000,000 PD each occurrence $1,000,000 Loss of means of support each person $1,000,000 Loss of means of support each occurence $1,000,000 Aggregate $0.81 per hundred dollars of sales Estimated sales of $2,200,000 Estimated Annual Premium $17,820 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the negotiated insurance renewals and award contracts as stated; and BE IT FURTHER RESOLVED that the Jerome Coughlin Agency be designated as the agent of record for said insurance coverages. 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 Meetin Cate 12_5_88 Agenda Item Number /D a REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance DEPT. , A VAL: ' Signature - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X On the City Council agenda for December 5, 1988 are two ordinances that are being considered for second reading and adoption relating to the parking and storage of certain vehicles in residential zones in the City. One of the ordinances amends Chapter 19 and was given a first reading on November 7, 1988. As discussed that • evening, the limitations proposed to be imposed on commercial vehicles parked in residential zones was a length no greater than 20 feet, a height no greater than 8 feet and a gross vehicle weight no greater than 9,000 pounds. Councilmember Lhotka requested the staff to review further the length of some extended vans and pickups to see if they exceed the 20' limitation being proposed. It was -also noted at that meeting that there should be language added that would exempt vehicles and trucks being legally used as part of a nonconforming use on residentially zoned property and also, vehicles and equipment legitimately used and stored at churches, schools, etc., such as school buses. The proposed ordinance was published on November 17, 1988 without making reference to the length and height limitations and without the added exclusions relating to nonconforming uses and churches, schools, etc. (copy attached). We have had the opportunity to follow up on Councilmember Lhotka I s request and have found that extended vans will meet the 20 limitation, however, extended pickup trucks, which can be found with some regularity in residential zones, are as long as 21 feet. We would, therefore, recommend that the ordinance maximum length be changed to 21 feet rather than 20 feet. Attached is a newly drafted ordinance amendment which is offered for adoption by the City Council and would be published if the Council were to adopt it. This ordinance amendment includes the following changes which are highlighted. 1. Adds a maximum length of 21 feet and a maximum height of 8 feet as ® limitations on certain vehicles. Summary Explanation Page 2 2. Adds language which would extend the provisions of this ordinance to include properties that are used for residential purposes, but are in nonresidential zones, such as single - family homes on Brooklyn Boulevard that are located in C1 zoning districts. 3. Adds a provision (Subdivision 12d) which would exempt vehicles and equipment lawfully being used by churches, schools, cemeteries, golf courses, parks, playgrounds and publicly owned structures in their normal operations. 4. Adds a provision (Subdivision 12e) which would exempt legitimate nonconforming uses located in residential zones that may have otherwise prohibited vehicles and equipment. Also before the City Council is an ordinance amending Chapter 35 regarding the parking of commercial vehicles. This ordinance was first read on July 7, 1988, published on July 21, 1988 and tabled by the City Council on August 8, 1988. This ordinance amendment deletes allowing one commercial vehicle up to 25 feet in length to be parked in a residential zoning district. This ordinance amendment should be adopted concurrently with the change to Chapter 19. III a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1988 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Nuisance Ordinance by declaring the parking of certain vehicles in residential zoning districts a public nuisance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE 140. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES _TN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a nuisance to permit, maintain, or harbor any of the following: 12. The parking and /or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with ' length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9, 000 pounds, continuously for m ore than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailors, back hoes, front -end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck- tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any equipment or vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful c) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classi as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. ORDINANCE NO. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school, cemetery, golf course, park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35 -111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. Adopted this day of 19g. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). AS APPROVED FOR FIRST READING CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 5TH day of DECEMBER , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Nuisance Ordinance by declaring the parking of certain vehicles in residential zoning districts a public nuisance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINP14CE MENDING CHAPTER 1q OF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a nuisance to permit, maintain, or harbor any of the following: 12. The parking and /or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than feet, or a height greater than feet, or a gross vehicle weight greater than 9, 000 pounds, continuously for more than two hours on any property or public street within a residential zoning district. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailors, back hoes, front -end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck - tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any equipment or vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful c) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. 4 Adopted this day of 19H. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). I D.b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of August , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the parking of commercial vehicles. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561- 5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -700. OFF- STREET PARKING REQUIREMENTS. Off- street parking and loading space shall be provided in all districts in accordance with the requirements of this ordinance. There shall be no off - street parking, storage of vehicles nor perimeter parking lot driveway within 15 feet of any street right -of- way and this 15 foot strip shall be planted and maintained as a green strip. In the case of' C1 and C1A districts, there shall be no off - street parking nor perimeter parking lot driveway within 35 feet of any major thoroughfare right -of -way and this 35 foot strip shall be planted and maintained as a green strip. [Off- street parking in any residence district may include not more than one commercial vehicle of 25 feet or less in length per dwelling unit if used by the occupant of the premises for transportation to and from his job. It shall be parked off the street on a space adequate for its storage as set forth in this section.] Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER Council Meeting Date 12 -5 -88 Agenda Item Number /o a? -- e REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Nuisance Ordinance Amendments DEPT. APP L: Signature - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached X The City Council at its meeting on November 7, 1988 requested the staff to draft various ordinance amendments and bring them to the City Council for a first reading and further discussion. These ordinances include the following: • 1. An ordinance amending Chapter 19 of the City Ordinances by declaring certain actions as public nuisances. This ordinance relates to the outside parking and storage on vacant property of both usable and unusable, materials. It also establishes some provisions for regulating the outside parking and storage on occupied residential properties for such things as snowmobiles, trailers, recreational vehicles, etc. 2. An ordinance amending Chapter 35 of the City Ordinances regarding outside storage. This ordinance amendment clarifies that semi- trailers may not be used for the out of door storage of materials and equipment in the Cl, ClA, C2, I -1 and I -2 zoning districts. 3. An ordinance amending Chapter 7 of the City Ordinances regarding the abatement of nuisances and assessment of the costs of abatement. This ordinance amendment has been offered by the City Attorney and relates to the procedure to be used by the City for nuisance abatement and the assessment of those costs. /Oc CITY OF BROOKLYN CENTER Notice is hereby given that a public nearing will be held on the day of , 1988 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the City Ordinances by declaring certain actions as public nuisances. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 551 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE A14ENDIAaG CHAPTER CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING CERTAIN ACTIONS AS PUBLIC NUSIANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CE14TER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 13. The outside parking and /or storage on vacant property of useable or unuseable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all- terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other non - permanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and /or storage on occupied residentially zoned property of useable or nonuseable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other non - permanent structures unless they comply with the following a) Vehicles, trailers and watercraft which are parked or stored outside in the front -yard area, or a yard area abutting a public street, must be on an authorized driveway or a paved or graveled extension of an authorized parking or driveway area and in compliance with Section 19 -1301 through 1;05 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front -yard area or a yard area abutting a public street unless approved by the City Council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. ORDINANCE NO. i c All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially zoned property oust be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property). d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. Section 19 -105. ABATEMENT OF NUISANCE AND ASSESSMENT OF COST. When any nuisance is found to exist [the health officer of the City shall order the owner or occupant thereof to remove the same, at the expense of the owner or occupant, within a period not to exceed 10 days, the exact time to be specified in the notice. Upon failure of the owner or occupant to abate the nuisance, the director of planning and inspection shall cause said nuisance to be abated, shall certify the cost thereof to the city clerk, and the city clerk small certify said costs to the county auditor to be extended on the tax roll of the county against the real estate from which the nuisance has been abated, all in accordance with Minnesota Statutes, Sections 1 145.23, 412.221.1 the officer charged by the city manager with enforcement of this section, sha proceed to order the abatement of the nuisance and to arrange for the collection and assessment of the costs thereof in accordance with the procedures specified in Section 7 -1.05. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 198. Mjayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER MY Notice is hereby given that a public hearing grill be held on the day of , 1a83 at p.m. at the City Fall- 6'01 Shingle Creek Parkway, to consider an amendment to Chapter 35 of the City Ordinances regarding outside storage. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -54L!0 to make arrangements. ORDINANCE 1NIO. AN ORDINANCE AP^ENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OUTSIDE STORAGE THE CITY COU14CIL OF Tf;E CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35 -411. SPECIAL REQUIREMENTS IN THE C1 AND C1A DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building. Semi - trainers may not be used for the out of door storage of materials, equipment, merchandise, inventoryetc. Section 75 -412. SPECIAL REQUIRENENTTS IN C2 DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting property at ground level. Semi- trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. [except that the The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive -in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section '5 -800 of this ordinance. Section 35 -L!13. SPECIAL REQUIREMEIdTS 111 I -1 AND I -2 DISTRICTS. Q. Outdoor Storage and Activity In the industrial park district (I -1) all production, storage, servicing, or merchandising, except off - street parking and off - street loading shall be conducted within completely enclosed buildings. Semi - trailers may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc. ORDINANCE NO. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City Council. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19�• Via y o r ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). CITY OF' BROOKLYN CENTER /OE Notice is hereby given that a public hearing will be held on the day of . 1988 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 7 regarding the abatement of nui sances and assessment of the costs of abatement. Auxiliary aids for handicapped persons are available upon request at .least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING THE ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF ABATEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 7 -105. NUISANCE ABATEMENT. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and may be abated by order of the [city health officer, as provided by Minnesota Statutes, Sections 145.22 and 145.2 ?, and the cost of abatement may be assessed on the property where the nuisance was found, as provided in said section.] officer charged by the City Manager with enforcement of this Section and the costs of abatement may be assessed against the property on which the nuisance was found as follows: A. In all cases to which Xinnesota Statutes, Sections 145.22 and 1L5.2? apply, the City shall proceed under those Sections. B. in all other cases, the officer charged with enforcement shall notify the owner of the property on which the nuisance is found in writing specifying the nature of the nuisance and ordering that the nuisance be abated. Notice shall be served in person or by mail. If the owner is unknown or cannot be located, notice may be served by posting it on the property. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding ten (10) days, within which the nuisance shall be abated. If the owner does not comply with the notice and order of the enforcement officer within the time specified therein. the City Council may, after notice to the owner and the occupant of. the property, if different fro the owner, and an opportunity to be heard, order that the nuisance be abated by the City. The notice of hearing shall be served in the same manner as the notice and order of the enforcement officer and shall be given at least ter. (10) days before the date specified for hearing of the matter by the City Council. If notice is given by posting, at least thirty (30) days shall elapse between the date of posting and the hearing. In emergency circumstances where there is an immediate threat to the public health or safety or an immediate threat of serious property damage, the enforcing officer may provide for abating the nuisance without action of the City Council. In such a case, the enforcing officer shall reasonably attempt to notify the owner and occupant of ORDINANCE NO. the intended action and the right to appeal the determination that a nuisance exists and the order to abate the nuisance at the next regularly scheduled City Council meeting. In case of abatement of nuisances by the City, upon determination of the cost of abatement, including administrative and other related expenses, the City Clerk shall prepare and mail a bill therefor to the property owner, for the amount so determined which shall immediately be due and payable. In the event such bill is not paid by the September 1st next following the abatement of the nuisance, the costs of abatement shall be levied against the property pursuant to Minnesota Statutes, Chapter 429. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). I C 0 H Ila - 7 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: December 1, 1988 SUBJECT: 1989 Liquor License Renewals Attached is the list of on -sale intoxicating liquor and on -sale wine licenses for renewal for 1989. The intoxicating liquor licenses are broken down by their class of license. Also attached is a list of the license holders with the percentage of food sales reported for the previous twelve (12) months. You will note that two establishments are missing from the renewal. Yen Ching Restaurant has recently changed owners. We are currently in the process of getting the necessary information from them for renewal. The on -sale club license for the Duoos Brothers American Legion is also missing from the list. This is due to the fact that some of the paperwork necessary for renewal has not yet been submitted by the club. We hope to have this information submitted and verified in time to be placed on the agenda for the last meeting in December. All the on -sale and off -sale nonintoxicating malt liquor licenses will be on the agenda for the last meeting in December also. 1989 LIQUOR LICENSE RENEWALS ON -SALE INTOXICATING LIQUOR QU R LICENSES: CLASS A (80 -100% food): Red Lobster CLASS B (50 -79% food): Applebee's Days Inn Earle Brown Bowl Green Mill Ground Round Holiday Inn La Casita T. Wrights CLASS C (40 -49% food): Lynbrook Bowl SUNDAY LICENSE: Applebee's Days Inn Earle Brown Bowl Green Mill Ground Round Holiday Inn La Casita Lynbrook Bowl Red Lobster T. Wrights ON -SALE WINE LICENSE HOLDERS: Dayton's Restaurant Denny's Restaurant FOOD /LIQUOR SPLIT INFORMATION FOR 1989 LIQUOR LICENSE RENEWALS LIQUOR LICENSE RESTAURANTS: % FOOD Applebee's 63.3% Days Inn 69.6% Earle Brown Bowl 59.6% Green Mill 79.3% Ground Round 61.2% Holiday Inn 52.8% La Casita 69.7% Lynbrook Bowl 44.1% Red Lobster 88.30 T. Wrights 67.2% WINE LICENSE RESTAURANTS: Dayton's Restaurant 98.4% Denny's Restaurant 99.05 Yen Ching (currently changing ownership, figures not yet available.) C 0 N F I NTIAL MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: December 1, 1988 SUBJECT: Police Department Liquor License Annual Report This report is a summary of all Police Department actions taken in and around liquor establishments holding on -sale beer, wine and liquor licenses within the City of Brooklyn Center. The reporting period is December 1 1987 through November 30 1988. There are 22 licensed establishments included in this report. Dayton's Restaurant located in Brookdale Center was granted a wine license during the calendar year of 1988. There were a total of 866 police actions involving licensed establishments. There were 672 calls for service, 184 parking or traffic citations issued and 10 background investigations involving license holders or managers. The drug arrests made near liquor establishments were apparently not related in any way to liquor establishments or its management. The American Legion Club - 4307 -70th Avenue North There were four (4) reported incidents at the American Legion Club. 1 - Hit and Run Accident 1 - Lockout 1 - Miscellaneous Public 1 - Unsecured Business Applebee's - 1347 Brookdale Center There were three (3) incidents reported at this location. 1 - Aid and Assist 1 - Background Investigation 1 - Medical Memorandum to G. G. Splinter Page 2 December 1, 1988 Beacon Bowl - 6525 Lvndale Avenue North There were no reported incidents at this license holder during the reported period. Chuck Wagon Inn - 5720 Morgan Avenue North There was one (1) incident at the Chuck Wagon during this reporting period. 1 - Fire Davanni's - 5937 Summit Drive There were nine reported incidents at Davanni's during this reporting period. 5 - Lockouts 1 - Miscellaneous Public 2 - Suspicious Activities 1 - Theft Day's Inn (Formerly Holiday Inn) - 1501 Freeway Boulevard There were one hundred and forty four (144) calls for service at the Holiday Inn. The reported alcohol offense occurred in the parking lot and involved juveniles. It was not related to the operation of the bar. The assaults that were reported did not take place in the bar. Several of the assaults took place in rooms where guests were staying and others took place in the pool area. The detox calls came from the management regarding unruly patrons or unwanted guests. None of the detox situations involved the bar operation. The death investigation was determined to be a guest of the hotel who took a drug overdose and died in his room. 1 - Alarm 3 - Animal Complaints 7 - Assaults 2 - Background Investigations 1 - Burglary 1 - Death Investigation 5 - Detox 2 - False Alarms Memorandum to G. G. Splinter Page 3 December 1, 1988 Day's Inn - Continued 2 - Fires 3 - Found Properties 1 - Forgery it - Lockouts 33 - Miscellaneous Publics 7 - Motor Vehicle Thefts 3 - Motor Vehicle Recoveries 8 - Medical Emergencies 24 - Parking Violations 4 - Property Damage Accidents 2 - Sex Offenses 20 - Thefts 1 - Traffic Citation 2 - Vandalisms Dayton's Restaurant - 1100 Brookdale Center The only police activity associated with Dayton's Restaurant was the initial background investigation into the license holders. No other police calls were received. 1 - Background Investigation Denny's Restaurant - 3901 Lakebreeze Avenue North There were twenty three (23) contacts with this license holder during the previous twelve months. None of the reported incidents are directly related to the liquor operation. 2 - Aid and Assists 1 - Animal Complaint 1 - Assault 1 - Found Property 1 - Hit and Run Accident 2 - Lockouts 2 - Medical Emergencies 6 - Miscellaneous Publics 2 - Property Damage Accidents 1 - Rules and Regulations 3 - Thefts 1 - Vandalism Memorandum to G. G. Splinter Page 4 December 1, 1988 Earle Brown Bowl - 6440 James Circle There were one hundred (100) calls for service at the Earle Brown Bowl. One of the reported assaults involved the liquor operation. Two bouncers and a manager attempted to eject and unruly patron from the bar area.. The patron became even more belligerent when approached by Earle Brown Bowl employees and a scuffle ensued. The patron was taken into custody and charged with assault. The gambling violation that is noted was a promotion that was run by the Earle Brown Bowl. An employee of Diamond Lake Bowling Centers indicated that a recent promotion that the Earle Brown Bowl and other bowling alleys had entered into was illegal under Minnesota Gambling Statutes. An investigation into the matter determined that although the odds for winning may be very high there was nothing illegal about the promotion. The drug offenses at the Earle Brown Bowl occurred in the parking lot and were not related to the liquor operation. The subjects that were sent to detox from the Earle Brown Bowl were found in the restaurant or the bowling alley portion of the establishment. 1 - Animal Complaint 4 - Assaults 2 - Detox 2 - Disturbing the Peace 3 - Drug Offenses 1 - Fire 2 - Found Properties 1 - Forgery 1 - Gambling Violation 19 - Lockouts 3 - Medical Emergencies 26 - Miscellaneous Publics 8 - Motor Vehicle Thefts 4 - Parking Offenses 1 - Property Damage Accident 19 - Thefts 3 - Vandalisms 50's Grill - 5524 Brooklyn Boulevard There were eleven (11) calls for service at the 50's Grill. None particularly noteworthy. 1 - Burglary 1 - Unsecured Business Memorandum to G. G. Splinter Page 5 December 1, 1988 50's Grill - Continued 5 - Lockouts 1 - Medical Emergency 1 - Suspicious Activity 2 - Thefts Green Mill Restaurant - 5540 Brooklyn Boulevard There were thirty (30) calls for service at the Green Mill Restaurant. One of the calls involved the bartender. The bartender refused to serve a patron who she felt had reached his limit of alcohol consumption. The patron was escorted from the establishment by the bartender but the patron took exception to the bartenders actions. The patron scuffled with the bartender and pushed her to the ground prior to leaving the establishment. 1 - Assault 1 - Fire 1 - Hit and Run Accident 8 - Lockouts 2 - Miscellaneous Publics 1 - Motor Vehicle Theft 9 - Parking Violations 1 - Suspicious Activity 6 - Thefts Ground Round - 2545 County Road 10 There were thirty nine contacts with the Ground Round during this reported period. The only assault reported occurred between two patrons in the bar. Apparently a woman took exception to her ex- boyfriend's current girlfriend. The assault started in the bar and continued into the parking lot area. The City Attorney is considering charges in this case. 1 - Assault 2 - False Alarms 1 - Fire 1 - Forgery 1 - Lockout 3 - Medicals 6 - Miscellaneous Publics 1 - Motor Vehicle Theft Memorandum S ran m to G. G. planter Page 6 December 1, 1988 Ground Round - Continued 12 - Parking Violations 1 - Personal Injury Accident /Motor Vehicle 1 - Suspicious Activity 7 - Thefts 2 - Vandalisms Holiday Inn - 2200 Freeway Boulevard There were 158 contacts with the Holiday Inn during the past twelve months. Six assaults were reported at the Holiday Inn. Four of these assaults occurred in or very near the Northern Lights Bar and can be considered associated with the liquor operation. The drug offenses that occurred were not associated with the liquor operation. The Police Department conducted a background investigation because of a change in management at the Holiday Inn. The suicide attempt that was investigated occurred during a New Year's Eve Party. One of the guests at the party jumped out of an upper level window and landed on the mezzanine of the hotel several floors below. 2 - Aid and Assists 6 - Assaults 1 - Background Investigation 2 - Detox 1 - Disturbing the Peace 4 - Drug Offenses 5 - False Alarms 1 - Fire 2 - Hit and Run Property Damage Accidents 25 - Lockouts 7 - Medical Emergencies 39 - Miscellaneous Publics 5 - Motor Vehicle Thefts 1 - Motor Vehicle Recovered 1 - Obstructing Legal Process 1 - Occupational Accident 11 - Parking Violations 2 - Property Damage Accidents 1 - Suicide Attempt 4 - Suspicious Activities 26 - Thefts 11 - Vandalisms Memorandum to G. G. Splinter Page 7 December 1, 1988 LaCasita Restaurant - 2101 Freeway Boulevard There were twenty four (24) calls to LaCasita during the past twelve months. There was a liquor license background investigation due to a new manager. The disturbing the peace incident occurred when a patron pulled his pants down in front of six customers who were seated in the bar. The suspect was arrested and charged with indecent conduct. 1 - Animal Complaint 1 - Background Investigation 1 - Detox 1 - Disturbing the Peace 2 - False Alarms 1 - Fire 1 - Found Property 1 - Forgery 3 - Lockouts 5 - Miscellaneous Publics 1 - Motor Vehicle Theft 4 - Parking Violations 2 - Thefts Little Brooklyn - 6219 Brooklyn Boulevard There were eight (8) calls to Little Brooklyn during the past twelve months. None of the calls are related to the liquor operation. 1 - Burglary 1 - Disturbing the Peace 1 - Lockout 1 - Medical 2 - Miscellaneous Publics 2 - Thefts Lynbrook Bowl - 6357 North Lilac Drive There were two hundred and nineteen (219) calls for service at the Lynbrook Bowl during this reporting period. The two drug offenses reported occurred in the parking lot and were not associated with the liquor operation. The one subject that was sent to detox from Lynbook Bowl was found hiding in a car in the parking lot after announcing to patrons in the bowling alley that someone was following her. 1 - Aid and Assist 1 - Animal Complaint Memorandum to G. G. Splinter Page 8 December 1, 1988 Lynbrook Bowl - Continued 1 - Assault 1 - Detox 2 - Drug Offenses 1 - Forgery 13 - Lockouts 27 - Miscellaneous Publics 2 - Motor Vehicle Thefts 1 - Medical 132 - Parking Citations 1 - Suspicious Activity 22 - Thefts 9 - Vandalisms Pizza Hut - 6002 Shingle Creek Parkway There were fourteen (14) calls for service to the Pizza Hut. None apparently related to the liquor operation. 1 - Aid and Assist 1 - Burglary 7 - Lockouts 3 - Miscellaneous Publics 1 - Property Damage Accident 1 - Suspicious Activity Red Lobster Restaurant - 7235 Brooklyn Boulevard There were fifteen (15) calls for service at the Red Lobster. None apparently related to the liquor operation. 7 - Lockouts 2 - Medicals 4 - Miscellaneous Publics 1 - Suspicious Activity Rocky Rococo's - 1267 Brookdale Center There were seven (7) calls to Rocky Rococo's in the past twelve months. Only one call related to the liquor operation and that was a background investigation of a new manager. Memorandum to G. G. Splinter Page 9 December 1, 1988 Rock Rococo's - Rocky Continued The assault that was reported took place outside of Rocky Rococo's but the victim went to Rocky Rococo's to report the incident. 1 - Assault 1 - Background Investigation 2 - Miscellaneous Publics 2 - Rules and Regulations 1 - Theft Scoreboard Pizza - 6800 Humboldt Avenue North There were no calls for service to this liquor establishment during the previous twelve months. T. Wright's - 5800 Shingle Creek Parkway There were fifty (50) calls for service to T. Wrights during this reporting period. Three of the police activities involved background investigations of new management personnel. 1 - Abandoned Vehicle 2 - Aid and Assists 3 - Background Investigations 1 - Detox 9 - False Alarms 2 - Forgeries 6 - Lockouts 3 - Motor Vehicle Thefts 1 - Motor Vehicle Recovery 4 - Miscellaneous Publics 4 - Parking Violations 2 - Property Damage Accidents 4 - Medicals 1 - Suspicious Activity 4 - Thefts 3 - Vandalisms Memorandum to G. G. Splinter Page 10 December 1, 1988 Yen China Restaurant - 5900 Shingle Creek Parkway There were six (6) reported incidents at this liquor establishment during the past twelve months. One of them involved the background investigation into the new owner of the establishment. Other offenses do not appear to be related to the liquor operation. 1 - Background Investigation 1 - Burglary 1 - Found Property 1 - Miscellaneous Public 1 - Parking Violation 1 - Theft CITY OF BROOKLYN CENTER Council Meeting Date 12/5/88 Agenda Item Number AaQ., REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ISSUE PRIORITY LISTING UPDATE DEPT. Mignau tD itl e MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached x *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached As you will recall, the City Council and the annual planning process established certain priorities relating to issues and trends and projects which fell into two general categories: top priorities and high priorities. The following is a listing of the current status of the top and high priority listings • which came out of the planning session. TOP PRIORITIES 1. Earle Brown Farm Redevelopment Project -We estimate that with the Council's recent approval of the Planning Commission site and building plan recommendations, the EDA will receive the detailed plans and specifications for final approval in December 1988 with bids to be in January 1989 and an estimated ground breaking date in March 1989, with completion in January 1990. 2. Economic Development Study - Redevelopment Policy -The RFP for the housing analysis has been approved by the City Council. We are currently awaiting proposals from various vendors. Council approved the RFP at its October 24 meeting, and we would anticipate that we will be back to the Council for approval of the final contract with the vendor in January of 1989. Once this is completed, we will start working with the Chamber of Commerce committee to finalize an RFP for the commercial /industrial section of this analysis. 3. Redevelopment Plan /69th Avenue North and Brooklyn Boulevard -The engineering consultant report (on the improvement of 69th from Brooklyn Boulevard to #252) is in its final stages of completion and should be available to staff in December of 1988. The 4F or federal land exchange problem with Palmer Lake Park should also be completed soon. A public works department review should be complete in December, and the initial discussion of the 69th Avenue North project should occur before the Council in February of 1989. Upon Council approval of final design in the area of 69th and Brooklyn Boulevard, the staff will proceed in a "redevelopment" study of the area. 4. Lynbrook Area Redevelopment Plan -Staff work on this project has been put on hold pending completion of the Earle Brown Farm and the engineering study of 69th Avenue North and Brooklyn Boulevard. Our best estimate of when we will have staff time to start work on this area will be at the earliest August of 1989. • 5. Planned Unit Development Ordinance -We have the initial draft completed, and we will be presenting it to the Planning Commission for their review in January or February of 1989 with Council consideration in February or March of 1989. 6. 1 -694 Improvement Project -The highway department has informed us that the project is on or slightly ahead of schedule and while there is a possibility for early completion, they still state that the completion date for the project will be summer of 1990. 7. Communication Projects (Community Survey, City Newsletter Expansion, Promotion of Volunteerism) -The staff has met with Decision Resources Ltd., the survey consultant that many other suburbs use. They are going to be submitting a proposal within the next two weeks. We hope to seek additional proposals for this survey, but because they do most of the survey work in the metro suburban area and have such a good reputation, we are leaning toward Decision Resources Ltd. We hope to complete the survey and have the information available in the spring of 1989 prior to your annual planning meeting. -Staff is working on a newsletter expansion as was proposed in the 1989 budget. It appears we are going to be scheduling six newsletters, up two from the previous schedule. We hope to implement these newsletters early in 1989. However, the loss of some of our administrative staff early in 1989 could delay this project. -With regard to the promotional volunteerism, we are reviewing and doing the preliminary work on alternative programs to promote and recognize volunteerism. One of these projects is a possible "banquet" for community volunteers. We would expect to report to the Council on this project in March of 1989. 0 8. Drug Education and Prevention Program -At this point in time, the police department is in the process of selecting the officers to be given the D.A.R.E. training in California. We hope to send two officers. We would expect these officers to receive their education early in 1989. During this training period, we expect to be coordinating with the four school districts regarding the program with the goal of implementing the first D.A.R.E. classes in the fall term of 1989. The Mayor's drug task force will be assisting us in working with the school districts and working with the Lions Club who have offered to finance the training. We have also received, or are in the process of applying for, a possible state grant to help us with financing some of the start-up costs. HIGH PRIORITIES 1. Residential Treatment Facilities Analysis -The property evaluation study by the consultant is approximately two - thirds complete, and the ordinance study by Resolution, Inc. is just getting started. We would anticipate the complete package (both studies) being brought to the Council sometime late winter or early spring. 2. Senior Drop -In Center -The City Council approved a space analysis study by an architectural firm and that process is about two- thirds complete. Part of the space study in the civic center area will include the senior drop -in center. I would expect we would have a preliminary data and report for the Council in February of 1989. 3. Battered Youth Program -At this time because of our staff involvement in the D.A.R.E. drug program and other similar programs, we would expect not to have much work completed on the initial development of the program until August of 1989. 4. Pro - active Housing Maintenance - Rehab Program -The City Council approved a housing inspector for the 1989 budget, and we are in the process of interviewing for that position. Council has recently authorized to bring forth for their considerations as first readings the nuisance ordinances that were considered earlier this year. The rehab program criteria is currently being reviewed by the housing commission, and we would expect a final report from the housing commission in November of 1989. 5. Recycling - Solid Waste Program -The refuse hauling and recycling process is temporarily on hold because of the BFI lawsuit. We will be developing and working up our programs so that we can get off to as quick a start as possible after the lawsuit has been finalized. We are currently negotiating with three different recycling service providers, and the HRG staff will be making a recommendation on the successful proposal sometime in January or February of 1989. 6. Crime Prevention Fund Expansion -The Crime Prevention Fund Board of Directors has been actively seeking to expand their program. The police chief and I are both very pleased with that process. They are now actively supporting, in addition to "buy" money for the investigators, our efforts in the crime prevention and neighborhood watch program. They have also purchased a special type pager for our investigators that does not make a lot of noise and "give them away." 7. Police Master Plan Study -The Master Plan Study was completed in August of 1988 and presented to the Council as a part of its budget review in September of 1988. 8. The Neighborhood Watch Program Expansion S -With the help of the Crime Prevention Fund, we are aggressively seeking additional neighborhood watch programs. Officer Grass will have, after the shoplifting season around Christmas, more time to promote neighborhood watch programs. We will, however, have to take a careful look as a part of the 1990 budget how aggressive and how much more time we want to invest in this particular program. While it is a very valuable program, its a type of program that can eat up a lot of police officer time. 9. Fire Service Master Plan Study -We would expect that during 1989, the fire department will be able to develop a framework for a plan as I have given the fire chief top priority on implementing the hazardous waste and chemical storage requirements of the federal government and analyzing his inspection service needs in light of these and other requirements. 10. Aging Population Service Needs - Enclosed with this report is a booklet that was developed by the Metropolitan Council to educate communities about the need for planning in this area. Kathy Flesher, of the Park and Recreation staff, and myself spent considerable time in working with the Metropolitan Council on this particular booklet. I believe it should be incorporated into our planning process as we evaluate the housing study because I am sure housing related senior needs will make up a significant portion of the concerns of this growing population group. This listing represents the listing of top and priority issues you created as a part of the planning process. s RECOMMENDED ACTION: We request general discussion by the City Council. Special consideration in this discussion should be given to any suggestions at improving our priority item reports and the timing of the community survey with our annual planning sessions. 0 0 /3 Licenses to be approved by the City Council on December 5, 1988: CIGARETTE Brooklyn Center Park and Recreation 6301 Shingle Creek Pkwy. Centerbrook Golf Course 5500 N. Lilac Dr. if Oi City Clerk MECHANICAL SYSTEMS Minnegasco 201 S. 7th St. Buildin Official SIGN HANGER Designer Sign Systems 3601 85th Ave. N. Buildi Official „La GENERAL APPROVAL: 2� D. K. Weeks, City Clerk