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HomeMy WebLinkAbout1988 05-23 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 23, 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. Presentation - Minnesota Water Ski Association 7. Approval of Minutes: *a. April 25, 1988 - Regular Session b. May 2, 1988 - Board of Equalization C. May 9, 1988 - Regular Session 8. Mayoral Appointment: a. Park and Recreation Commission 9. Resolutions: *a. Establishing 1988 Sealcoating Program, Improvement Project No. 1988 -15, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1988 -H) *b. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 5- 23 -88) C. Expressing Recognition of and Appreciation for the Dedicated Public Service of Don Peterson d. Expressing Recognition of and Appreciation for the Dedicated Public Service of Carl Manson *e. Authorizing the Submittal of an Application for Grant Funding to the Minnesota Department of Public Service, Energy Division *f. In Support of Correcting the Requirement of Taxation of State and Local Government Employee Benefits CITY COUNCIL AGENDA -2- May 23, 1988 i *g. Acknowledging Gift from the Brooklyn Center Lions Club - $1,500 gift to be used for 1989 Entertainment in the Parks program. *h. Acknowledging Gift from the Brooklyn Center Lions Club - $1,000 gift for fireworks display during Entertainment in the Parks. *i. Acknowledging Gift from the Family of Jody Mark Gottsman -$200 gift for park bench in Palmer Lake Park Reserve. *j. Acknowledging Gift from the Scale Flyers of Minnesota -$50 gift for purchase of santa claus suit. *k. Acknowledging Gift from the Brooklyn Center Rotary Club -$400 gift for purchase of flowers in Central Park Plaza. 1. Authorizing the Purchase of Replacement Electronic Cash Registers for the Municipal Liquor Stores M. Authorizing the Mayor and City Manager to Enter into an Agreement for Risk Management Consulting Services *n. Appropriating Proceeds of T.H. 252 Right of Way Condemnation Award to the Capital Projects Fund -The appeals process has now been satisfied, and staff is recommending the proceeds ($188,130.03) be appropriated to the capital projects unappropriated fund balance. o. Opposing the Relocation of Hennepin County Jury Trials from Suburban Divisions to the Hennepin County Government Center *p. Affirming the Decision of the Director of Planning and Inspection with Respect to the Appeal of LaPepiniere Montessori Academy; Planning Commission Application No. 88003 *q. Approving Addendum No. 2 to Contract 1988 -H to Provide for Deleting the Trail along T.H. 100 r. Amending the 1988 General Fund Budget -To provide for replacement of Fire Department equipment. CITY COUNCIL AGENDA -3- May 23, 1988 10. Ordinances: (7:30 p.m.) a. Amending Chapter 35 of the City Ordinances Regarding Restaurant Space Allowed in Shopping Centers -This item was first read on April 25, 1988, published in the City's official newspaper on May 5, 1988, and is offered this evening for a second reading. b. Amending Section 11 -106 of the Brooklyn Center Code of Ordinances, Authorizing the Sale of Beer with an Alcohol Content in Excess of 3.2% to Holders of Both Wine and Beer Licenses -This item is offered this evening for a first reading. This amendment is necessary because of a change in the State Statute. C. Amending Section 11 -602, Subdivision 2a of the Brooklyn Center Code of Ordinances, to Change the Percent of Revenue Derived from the Serving of Food for On -Sale Wine Licenses -This item is offered this evening for a first reading. This amendment is necessary because of a change in the State Statute. 11. Temporary On -sale Intoxicating Liquor License for St. Alphonsus Fun Fair *12. Licenses 13. Adjournment 7a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 25, 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 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, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had received a request from Mike Kaulfuss regarding the Brooklyn Center Police contract for 1988. Mr. Kaulfuss stated he is president of the Brooklyn Center Police Association, and he feels the union and the City are very close to an agreement. He added the Police Association does not want to go to arbitration on this contract. He stated he hopes the City Council can review the contract tonight or in the very near future. Councilmember Theis inquired how long negotiations could take if the contract goes to a mediator. The City Manager stated there would be at least two meetings with a mediator. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - APRIL 11 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the April 11, 1988, City Council meeting. The motion passed unanimously. PROCLAMATIONS Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 10 -23, 1988, AS THE KICKOFF OF REGISTRATION OF PUBLIC LIBRARY SERVICE The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. Member Celia Scott introduced the following proclamation and moved its adoption: 4 -25 -88 -1- PROCLAMATION DECLARING MAY 1 -7, 1988, AS MINNESOTA CITIES WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -60 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DENYING PLANNING COMMISSION APPLICATION NO. 88001 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: CIGARETTE Centerbrook Golf Course 5500 N. Lilac Drive FOOD ESTABLISHMENT Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn Center National Little League Lions Park T. J. Cinnamons Bakery Brookdale Center Kentucky Fried Chicken 5512 Brooklyn Boulevard Leann Chin, Inc. 6040 Shingle Creek Pkwy. Marc's Big Boy 5440 Brooklyn Boulevard Rachel's Frozen Custards 6034 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center American Legion Evergreen Park MECHANICAL SYSTEMS Loop - Belden- Porter Co. 315 Royalston Ave. N. MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard North Star Dodge Center, Inc. 6800 Brooklyn Boulevard NONPERISHABLE VENDING MACHINES Don Waletzko 8751 Dallas Lane Pilgrim Cleaners 5748 Morgan Ave. N. Humboldt Square Cleaners 6824 Humboldt Ave. N. RENTAL DWELLINGS Initial: Thomas & Joanne Limond Humboldt Square Apts. Duane & Jessie Erickson 7019 Dallas Road 0 4 -25 -88 -2- Tracy & Ray Rice 7037 Logan Ave. N. Kim McDonough 4703 68th Ave. N. Renewal: Ewing Square Associates Ewing Square Townhouses United Homes Corporation 5600 Aldrich Ave. N. James & Yvonne Lyons 5303 Emerson Ave. N. John A. Dotray 5642 Emerson Ave. N. Creed Carson 4201 Lakeside Ave. N. #214 Eugene L. Temple 4207 Lakeside Ave. N. #235 Jerry Truman 5519, 23 Lyndale Ave. N. Don & Arlene Benson 5611 Lyndale Ave. N. United Homes Corporation 6825, 27 Noble Ave. N. Joan Page 3112 O'Henr y Road Robert W. Johnson 6801 Scott Ave. N Gary & Carol Meinke 3601 47th Ave. N. William & Linda Bjerke 3614, 16 50th Ave. N. Kennethy Ready Jr. 1019 73rd Ave. N. SIGN HANGER Naegele Outdoor Advertising Co. 1700 West 78th Street SWIMMING POOL Beach Condominiums 4201, 4207 Lakeside Ave. N. Days Inn 1501 Freeway Boulevard The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract 1987 -M (Rehabilitation of Well Houses No. 5 and 6, Improvement Project No. 1987- 20). The Director of Public Works stated a detailed inspection of well house No. 6 revealed the roof structure was not secured to the wall structure, and there was additional deterioration in the roof joists. He noted there was a 15% underestimation of costs because of the wide variety of work items, the need to use a number of suppliers and subcontractors, and the small quantities of each work item. He added this is the first time the architect has done a project for the City, and he was not aware of the need for a $2 million general liability insurance policy. Mayor Nyquist stated he is disturbed by the great amount of difference between the architect's and contractor's pricing. He stated he is not concerned the contractor's prices are incorrect but that the architect was so far off. Councilmember Lhotka inquired how long the architect had worked on this project. The Director of Public Works stated the project was assigned to this architect in late September or early October of 1987, and he completed the project in late January or early February 1988. Councilmember Lhotka inquired if staff knew the estimates were low, why wasn't the Council informed right away. He added he would like to see the references for the contractor checked. Councilmember Theis inquired why the City requires a $2 million general liability workers compensation policy when State Statute places a limit of 4 -25 -88 -3- $600,000. The Finance Director stated the City has required this type of policy for approximately ten years. Councilmember Theis inquired what the City gains by asking such a large amount. The Director of Public Works stated it assures the City that the contractor is well covered in the event someone gets hurt on the site. The Finance Director added the contractor has $2 million of coverage before the injured party can come after the City. Councilmember Scott inquired if the contract was awarded to this architect because he was low bid for the contract. The Director of Public Works stated this architect was the only proposal the City received. Councilmember Scott stated she was very concerned with the architect's errors and is not anxious to award another contract to them. Councilmember Hawes inquired how old well houses No. 5 and 6 are. The Director of Public Works stated they are 20 to 25 years old. Councilmember Lhotka noted it was interesting that the roof f was still in lace " if in fact, , it were not secured as the inspection indicated. Councilmember Theis inquired if the original estimate had been at the correct level, would staff have recommended improvement of the building or removing the building and starting over. The Director of Public Works stated staff would still have recommended improvement of the existing building. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the Resolution Accepting Bid and Approving Contract 1987 -M. Councilmember Lhotka stated he would like to recommend an amendment to the motion directing staff to check the references of David N. Volkmann Construction, Inc. Both Councilmember Scott and Councilmember Hawes agreed to this amendment. RESOLUTION NO. 88 -61 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -M (REHABILITATION OF WELL HOUSES NO. 5 AND 6, IMPROVEMENT PROJECT NO. 1987 -20) 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 Accepting Work Performed under Contract 1986 -C, (Construction of Centerbrook Golf Course Improvement Project No. 1985- 23). The Director of Public Works stated Shafer Contracting has completed all work on this project. He noted over the course of this project there were 15 change orders and four supplemental agreements. He noted the final contract cost does exceed the original estimate by $64,000, but $60,000 of this increase was due to additional earth work because of some swamp• areas of the golf course. He stated he expects to have the final accounting of the project costs within 60 to 90 days. RESOLUTION NO. 88 -62 Member Bill Hawes introduced the following resolution and moved its adoption: 4 -25 -88 _4_ RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -C, (CONSTRUCTION OF CENTERBROOK GOLF COURSE, PROJECT NO. 1985 -23) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events. He noted this item was first read on March 28, 1988, published in the City's official newspaper on April 7, 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 Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events 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 Scott and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Rega -rding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events. The motion passed unanimously. ORDINANCE NO. 88 -07 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING THE ISSUANCE OF NONINTOXICATING LIQUOR LICENSES FOR MUNICIPAL FACILITIES AND EVENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEM HOUSE DOCTOR AND HOME ENERGY CHECKUP PROGRAMS The City Manager stated the cities of Crystal and Golden Valley are planning to participate in this program. He noted grant money is available through the Minnesota Department of Public Services, Minnegasco, and NSP. Councilmember Scott stated it appears some of this information is outdated, and the City may have missed the deadline for application. The Personnel Coordinator stated the deadline for the State application is June 1, 1988. She pointed out this is an ongoing program, and if the City were to miss out this year they could apply for 1989. She added she believes the Housing Commission may be an appropriate body to handle the program. Mayor Nyquist inquired of the City's liability with the House Doctor Program. The Personnel Coordinator stated she would have to look into this point. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis directing staff to pursue the House Doctor and Home Energy Checkup Programs. The motion passed unanimously. 4 -25 -88 _5_ PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88002 SUBMITTED BY COLDWELL BANKER REQUESTING A VARIANCE FROM SECTION 35 -704 OF THE ZONING ORDINANCE TO ALLOW MORE THAN 10% OF THE GROSS FLOOR AREA OF HUMBOLDT SQUARE SHOPPING CENTER TO BE DEVOTED TO RESTAURANT USE The City Manager noted this item was recommended for denial by the Planning Commission at its April 14, 1988, meeting. He noted, however, an ordinance amendment was recommended for this item. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of April 14, 1988, pages one and two. He noted this application was submitted primarily on behalf of Scoreboard Pizza. He went on to review the application and noted the Planning Commission recommended denial of this application because the standards for a variance have not been met. He added the Planning Commission did recommend an ordinance amendment which would allow restaurants to occupy a greater area in a retail shopping center. He explained staff has found the introduction of restaurants into shopping centers has not interfered with the parking requirements. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88002 submitted by Coldwell Banker requesting a variance from Section 35 -704 of the zoning ordinance to allow more than 10% of the gross floor area of Humboldt Square shopping center to be devoted to restaurant use. 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. 88002. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to deny the application for a variance submitted by Coldwell Banker under Planning Commission Application No. 88002. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Restaurant Space Allowed in Shopping Centers and to set a public hearing for May 23, 1988, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 88003 SUBMITTED BY EOUITEC INSTITUTIONAL FUND III REQUESTING AN APPEAL FROM A DETERMINATION BY THE ZONING OFFICIAL THAT DAY -CARE CENTERS ARE NOT A PERMITTED OR SPECIAL USE IN THE I -1 ZONING DISTRICT The City Manager noted this item was recommended for denial by the Planning Commission at its April 14, 1988, meeting. He noted the appellant had been seeking an ordinance amendment, and the Planning Commission did not recommend an ordinance amendment at this time. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of April 14, 1988, pages two through five. He explained staff is opposed to permitting day -care uses into the I -1 zone because generally I -1 uses appear to be incompatible with day- care uses. He noted the Planning Commission recommended denial of the appeal, and it also did not recommend an ordinance amendment at this time. He stated he 4 -25 -88 -6- I believes consideration of day -care uses should be included in any study or review of the City's zoning issues. ' Councilmember Hawes stated he does not agree with staff, and he feels a day -care use would be very compatible in the office area of an I -1 building. Councilmember Theis asked the Director of Planning and Inspection to list the types of uses he feels are not compatible. The Director of Planning and Inspection stated that a business dealing in the assembly of electric vehicles, manufacture uses, or service uses would be incompatible with the day care. He stated in this particular case the site would be more compatible with the other uses in the building, but he is not convinced a day care is a good use for the I -1 zone. Councilmember Lhotka pointed out that the tenants and uses of the building spaces can change, and the day care facility could then be located next to a potentially unsafe situation. The City Manager noted there is a definite need for day care, but there is other land and buildings available that a day -care use would fit into. He noted if this day -care use was permitted in this particular I -1 zone building, the City would not have the ability to deny an application for another I -1 zone. He noted this particular I -1 zone building may be somewhat compatible with the day- care use, but other I -1 zone buildings are not at all compatible. Mayor Nyquist recognized Mr. Timothy Keen, who stated he was an attorney and has a background in municipal zoning. He went on to briefly review the proposed site and noted the appeal before the Council is that the facility be found an educational facility and not a child care facility. He noted public schools which offer preschool and day -care services are required to obtain a license from the State. He noted LaPepiniere Montessori School is a school with preschool and day -care services also being offered. He noted the applicant is required to obtain a license from the State as are other public schools. He stated LaPepiniere Montessori School has an enrolled curriculum and accredited teachers while other day -care facilities do not have either of these. Councilmember Lhotka inquired if this was the school that is relocating from the Crystal facility. Mr. Keen stated the school is now housed in a building owned by the City of Crystal, and the City wishes to use the building for another type of facility. He noted communities have significant control and discretion over special use permits. He added the Council could place conditions on the permit so uses of hazardous materials and other nonconducive uses could not be within x amount of feet, or within the same building as the school. Councilmember Hawes inquired what liability the City assumes if a special use permit were granted and a child is harmed by one of the other uses. The City Attorney explained that the court system has expanded the City's responsibilities with regard to small children. He stated it appears there is some question as to whether this is a day -care center or an educational use as defined under City ordinance. He noted a day -care facility is not allowed in the C -1 or C -2 zone if it is located next to a C -1 or C -2 facility which is not allowed next to a residential zone. He stated he does not believe the question before the Council is whether or not this is a school or child care facility. The Director of Planning and Inspection stated this facility would be considered a group day -care facility as defined under City ordinance. Councilmember Scott noted the average age of children attending this facility is definitely preschool age. She added she does not feel this is a proper place to put a day- i s 4 -25 -88 _7_ i care facility, and she feels the City has a responsibility to protect children from any potential harm from the I -1 zone uses. Mr. Keen stated he does not believe anyone is present this evening to compromise the health, safety, or welfare of the children attending the facility. Councilmember Hawes stated he would have no qualms with leaving children within a day -care facility in this building. Councilmember Theis stated he agreed with Councilmember Hawes that this building did not appear to be unsafe, but he feels the City Council must protect children from potential hazards which may occur. Mayor Nyquist noted that six months from now a new business could move in next to the day -care facility and pose a number of potential hazards to the children. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka directing staff to prepare a Resolution Denying Planning Commission Application No. 88003 submitted by Equitec Institutional Fund III. The motion passed with Councilmember Hawes opposed. Councilmember Lhotka noted he would like to see this issue included in any review that is done of the zoning ordinance. Councilmember Scott stated she would like the Director of Planning and Inspection to notify the applicant of any open or available space in the C -1 or C -2 zoning districts. Mr. Keen stated the Council could ask staff to prepare an ordinance amendment addressing this issue. He noted the Council would not have to pass this ordinance, but it would allow for further investigation into the issue. RECESS The Brooklyn Center City Council recessed at 9:20 p.m, and reconvened at 9 :35 p.m. The Police Chief Jim Lindsay entered the meeting at 9:35 p.m. DISCUSSION ITEMS CONTINUED POLICE DEPARTMENT STAFFING The City Manager noted that $45,747 was placed in the contingency account to allow for changes in the Police Department personnel. He noted staff is recommending two additional police officer positions effective June 1, 1988, and one additional promotional captain's position effective September 1, 1988. He stated staff would continue to evaluate the staffing needs within the Police Department and went on to review the resolutions before the Council this evening. Mayor Nyquist inquired how often over the past years has the Police Department operated under the recommended staff level because of injuries or sickness. The Police Chief stated the staff is currently studying what the correct staffing level should be in the Police Department. Councilmember Scott inquired if the City has been up to its full complement of officers and personnel at any time during the past year. The Police Chief stated the Police Department was operating with a full complement of personnel until December 1987, when one person left. He added that position was filled two weeks ago, but the new officer is not fully trained yet. Councilmember Theis asked if the Police Chief feels there are qualified candidates to allow hiring a third captain from within. The City Manager stated he and the Police Chief did not 4 -25 -88 -8- anticipate any problems. Councilmember Lhotka stated he still has the same concerns as he expressed at budget time last fall. He noted at that time he had asked that the Council receive some type of report stating the administrative problems within the Police Department have been cleared up and are running smoothly. He noted at this time neither he nor the other Councilmembers have received any type of report. Councilmember Scott inquired if the clerical staff is up to full power in the Police Department. The Police Chief responded affirmatively and noted the last person had been hired two weeks ago. He went on to explain the clerical staff is basically caught up at this time but the investigation area has a large backlog. He pointed out that is why he is requesting one more investigator. Councilmember Lhotka stated he would like to suggest an amendment to the resolution amending the 1988 employee position and classification plan. He recommended that the statement "on or before July 1, 1988, report to City Council on status of police administrative staff." There was a general consensus among Councilmembers to approve this amendment. RESOLUTION NO. 88 -63 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -64 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. COUNCIL REVIEW OF 1989 BUDGET PROCESS The City Manager asked the City Council to contact him with any changes or suggestions regarding the budget process and staff would try to incorporate them into the process for 1989. DISCUSSION OF CRITERIA FOR MEETING REFUSE AND RECYCLING MANDATES The City Manager briefly reviewed the listing of priorities for accomplishing the refuse /recycling mandates. After review of the listing of priorities, it was the general consensus that the third item under the top priorities category should read "system should provide consistent, reliable service." The City Manager noted there would be a meeting on May 16, 1988, to give the residents more information regarding costs and proposed systems. Councilmember Lhotka inquired if there would be enough solid information by this point to present it to the residents. The City Manager responded affirmatively. 4 -25 -88 -9- OTHER BUSINESS Councilmember Scott stated she would like to discuss the proposed amendments to the nuisance ordinance. She noted it appears the City would be penalizing those residents whose garage is located to the rear or side of their homes. The Director of Planning and Inspection pointed out the proposed amendments which the Council received are only rough drafts of possible amendments. He noted these amendments have come about after discussions from the past year. Councilmember Scott stated the City Council could not possibly amend this or any other ordinance to handle every citizen complaint. The City Manager stated City staff is not advocating or recommending any or all of these changes, but these are the type of changes which would be needed to address all the complaints which the City receives. He stated these items would be placed on a future agenda as a discussion item. LIQUOR LICENSE FOR YEN CHING RESTAURANT The City Manager stated Yen Ching Restaurant has applied for the wine and nonintoxicating beer license. He stated staff is recommending the Council waive the fee for these licenses because the restaurant has already paid the fee for an on -sale intoxicating liquor license. There was a motion by Councilmember Scott and seconded by Councilmember Theis to waive the fee for the on -sale wine and on -sale nonintoxicating beer license for the Yen Ching Restaurant. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to establish an executive session after adjournment of the regular City Council meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:24 p.m. City Clerk Mayor 0 4 -25 -88 -10- 7h MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF EQUALIZATION MAY 2, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Rich Theis. Also present were City Manager Gerald Splinter, City Assessor Peter Koole, Property Appraiser Joe DaBruzzi, and Administrative Aid Patti Page. Councilmember Hawes was not present at the meeting. PURPOSE OF BOARD OF EQUALIZATION The City Manager reviewed the purpose of the Board of Equalization meeting and pointed out the City Council was serving as the Board of Equalization to conduct a review of assessed valuation within the City and to allow time for public inquiry regarding local assessments after the City Assessor makes his report. The City Manager introduced Peter Koole, City Assessor, who pointed out there are various steps an individual may take when seeking adjustments in their valuations, and he explained the meeting tonight is the first step, after which the inquiries pass on to the County; and the County then passes it on to the State for its review. He noted if an individual prefers to bypass these steps he may go directly to tax court. He added the Board of Equalization reviews the City Assessor's work, and he explained the City appraisers are fully certified by the State of Minnesota. He stated the City Assessor's responsibility is to treat the value of similar properties in similar ways with regard to valuations. He also noted the City Assessor's office has asked that people call his office prior to the Board of Equalization meeting to make an appointment with the staff to discuss the particular request, and also, if necessary, to register for an appearance at the Board of Equalization. He explained the people who preregistered would be handled first at this evening's meeting. THE CITY ASSESSOR'S REPORT The City Assessor next reviewed the sales ratio studies. He explained the sales ratio study was a substantive part of what is done by the Assessing Department. He briefly reviewed the 1988 sales ratio study; noting the aggregate ratio is 94.0; the median ratio is 93.8; and the coefficient of dispersion is 5.2. He then briefly discussed the definition of a coefficient of dispersion. He stated the average sale price of a home in Brooklyn Center is $74,440, and the average market value is $69,951. He also explained the Assessing Department analyzes the sales by style, location, price, age, and neighborhood. He reviewed the valuations of several homes located in different parts of the City, including homes located on a lake or river, in proximity to a highway or freeway, commercial and multiple family units, and homes located near park land. 5 -2 -88 -1- d He went on to review an article that had appeared in t newspaper and p he Sunda ews a P Y P P explained because of changes that were approved by the State Legislature property taxes will increase by $190 million in 1989. He pointed out that 97% of this increase will come directly from the metropolitan area. The City Manager reminded the City Council and those present in the audience that the Board of Equalization is in session to review the property values not the taxes being paid on the property. PUBLIC INQUIRY REGARDING LOCAL ASSESSMENTS Mayor Nyquist recognized Edward Noble, 5117 Xerxes Avenue North. Mr. Noble explained there is vacant land attached to his property, and this parcel is landlocked property. He explained years ago the City rezoned property in his neighborhood, allowing apartments to be built in the area, and the positioning of T.H. 100 have practically made it impossible for a planned access to this extra property. He stated he felt something should be planned by the City to allow access to the land which would then allow for a home to be built on it. He explained he is not the only one in this situation; there are two other property owners in the area with the same problem. The City Manager stated that the access to the parcels has been taken by MNDOT for T.H. 100. He noted the problem is creating an access to these empty parcels. Mr. Noble stated he also did not feel the City should be allowed to enter people's homes to review them. Mr. Noble added he believes he has a constitutional right to privacy and the City is invading this privacy. The City Assessor stated State Statute gives the City or County Assessor the right to enter a person's home every four years to appraise it. . Councilmember Lhotka inquired what the City's past policy has bect on valuing landlocked parcels. The City Assessor stated generally excess land within the City is valued at $9,000 an acre. Councilmember Theis inquired if $9,000 an acre is the going rate for this area. The City Assessor stated vacant land with an access in Brooklyn Center is at a premium, and $9,000 an acre is much below the actual selling price. He pointed out in 1987 the City Council reduced the value of Mr. Noble's excess property from $1,700 to $1,000. Councilmember Lhotka stated he agrees with the appraiser's findings, but he would like to have staff investigate the possibility of creating an access into these parcels to allow for buildable lots. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to affirm the City Assessor's 1988 valuation for the following PID numbers: 10- 118 -21 -41 -0006 and 10- 118 -21 -11 -0009. The motion passed unanimously. Mayor Nyquist recognized Mr. Carl Lidberg, 7032 Willow Lane North. Mr. Lidberg inquired as to how the appraiser arrived at this valuation. The City Assessor explained that the appraiser did a physical inspection of the property in March and also did comparisons with the three comparable properties making adjustments for the differences. He pointed out that one of these properties was most comparable to the subject property, and the indicated market value for the comparable property is $119,000 for 1988. He noted staff is recommending no change in the valuation of the Lidberg home. 5 -2 -88 -2- The City Assessor then went on to review the process used in choosing comparable properties. Mr. Lidberg inquired why the appraiser did not use one of the homes directly across the street from his. The City Assessor stated there is a totally different market for the home directly across the street versus a home on the river. He added that all homes and lots on the river are different and they will not have the same value. The City Manager added that sometimes what appears to be identical on the outside is vastly different on the inside. Mr. Lidberg stated he would like a comparison done between his home and another property located on the river. He noted he had tried to obtain the square footage information from the City Assessor's office but had been informed it was not public information. The City Assessor stated this information is public information and noted he was not sure why Mr. Lidberg was told it was not public information. There was a general consensus among Councilmembers to lay over a decision on this property until later in the meeting to allow Mr. Lidberg and the appraiser time to review the other property in question. Mayor Nyquist recognized Mr. Donald Eliason, 5313 Boulder Lane. Mr. Eliason stated there has been a 16% increase in the market value of his home over the last four years and a 37.4% tax increase. He added that he disputes the 37.4% tax increase. The City Manager pointed out the purpose of this meeting this evening is to make sure that valuations of homes are equal to the values of similar other homes in Brooklyn Center. He inquired how long Mr. Eliason has owned this home. Mr. Eliason stated he bought the home in 1984. He added that he feels the City is very predictable when it comes to valuing homes. Councilmember Lhotka stated he does not understand why here was such a y u large increase in the market value of this home. The City Assessor stated an appraisal has been done of the home and staff believes this house was originally undervalued. Mayor Nyquist inquired when the home was last appraised. The City Assessor stated it was appraised in 1987. Councilmember Lhotka stated he has a real problem with such a large increase for this property. Mayor Nyquist inquired what the market values were of the other homes used as comparables. The City Assessor stated the market values of the other homes were as follows: 6101 Scott Avenue North - $67,700, 5307 62nd Avenue North - $71,900, 6112 Quail Avenue North - $65,800, and 5207 Paul Drive - $75,000. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reduce the 1988 valuation of 5313 Boulder Lane to $71,500. The motion passed unanimously. The City Assessor stated the next appeal was from Leslie Reinhardt, 5713 Humboldt Avenue North. He noted Mr. Reinhardt was not present this evening and also would not allow the appraiser to enter his property Pp for reviewal of the property. He added staff is recommending no change in the 1988 valuation. The City Assessor explained the Council may affirm the appraiser's recommendation which would allow Mr. Reinhardt the opportunity to appeal before the County Board or the City Council could take no action at all because Mr. Reinhardt did not appear, and then he would forfeit all rights to a County appeal. Councilmember Lhotka stated he would like to leave the opportunity open for Mr. 5 -2 -88 -3- Reinhardt to appeal to the County. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to affirm the City Assessor's 1988 valuation of the property at 5713 Humboldt Avenue North. The motion passed unanimously. Mayor Nyquist recognized Mr. Rodney Pullis, 7211 Dallas Road. Mr. Pullis stated he has been working on an addition that was started in November -of 1982. He added he feels his home has been taxed very erratically over the years, and he feels his home is currently valued $6,000 too high. Councilmember Theis inquired if normal repair items affect the value of a home. The City Assessor stated normal maintenance items that are not required for the sale of a home are ignored when figuring market value. Councilmember Lhotka asked what the valuation was for 1987. The City Assessor stated it was $98,500. He explained that generally a City Assessor or appraiser would tend to wait until an addition was complete before assigning a value to it. However, when the completion of the addition drags on over a number of years a value must be given. He added that the total valuation increase was not all due to the addition but also to the rate of inflation. He explained staff is recommending reducing the market value for this home from $112,300 to $106,900. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to reduce the 1988 valuation of the property at 7211 Dallas Road to $106,900. The motion passed unanimously. The City Assessor stated the appraiser has informed him that Mr. Lidberg, 7032 Willow Lane North, would like the Council to take action this evening to allow him to keep his options open for appealing to the County. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to affirm the City Assessor's 1988 valuation for the property at 7032 Willow Lane North. The motion passed unanimously. Mayor Nyquist recognized Wilbert Anderson, 5507 Irving Avenue North. Mr. Anderson stated from 1986 to 1987 there was a $3,400 jump in his valuation and from 1987 to 1988 a $3,700 increase. He stated he did not question for the first increase because of the rate of inflation, but he feels the second increase is rather high. The City Assessor briefly reviewed the three comparables which were done for this home. Mr. Anderson stated if the comparable homes sold for the prices stated, they were greatly inflated. He added he feels the market value for these homes is greatly inflated in comparison to the neighborhood. Councilmember Scott inquired if homes in this price bracket generally sold faster than other priced homes. The City Assessor responded affirmatively. Councilmember Scott noted if homes in this price bracket sold the fastest, it would then push the market values up. Mr. Anderson stated a real estate agent has told him there are no $80,000 homes in this neighborhood. There was a motion by Councilmember Scott and seconded by Councilmember Theis to affirm the City Assessor's 1988 valuation for the property at 5705 Irving Avenue North. The motion passed unanimously. 5 -2 -88 -4- The City Assessor stated the next registrant is William and Bonnie Schutte He noted the Schutte's contacted him this afternoon and stated there has been a family emergency and they would like their request to be considered as a written request. There was a motion by Councilmember Theis and seconded by Councilmember Scott to affirm the City Assessor's recommendation for the following PID numbers: 35- 119 -21 -11 -0009, 35- 119 -21 -11 -0010, 35- 119 -21 -11 -0007, and 35- 119 -21 -11 -0008. The motion passed unanimously. The City Assessor introduced the next appeal which was from Edgar S. Steele. The City Assessor stated Mr. Steele feels that the market value of two vacant properties are being affected by the contamination of the Joslyn pole yard to the north of the subject properties. He noted after much discussion and review of the area, staff has determined that pollution may be detrimental to the sale of vacant lots. He added there are three other vacant arcels in the area p but these owners did not contact the City. However, staff feels these lots should also be reviewed. He stated staff is recommending a 25% reduction in value for Mr. Steele's two properties and the three other vacant parcels in the area. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to reduce the valuation by 25% for the following PID numbers: 10- 118 -21 -32 0057, 10- 118 -21 -32 -0067, 10- 118 -21 -32 -0058, 10- 118 -21 -32 -0059, and 10- 118- 21 -32- 0056. The motion passed unanimously. The City Assessor introduced the next appeal from Equitec Financial Group, Inc. He referred the Mayor and Councilmembers to the brief letter submitted by Mr. Jeffrey Humphrey. There was a motion by Councilmember Theis and seconded by Councilmember Scott to affirm the City Assessor's 1988 valuation for the following PID numbers: 35- 119 -21 -22 -0008, 35- 119 -21 -22 -0007, 35- 119 -21 -22 -0011, and 35- 119 -21 -22 -0005. The motion passed unanimously. The City Assessor stated Mr. Dave Huang, 6400 Girard Avenue North, contacted his office today and asked that he be allowed to have his request considered as a letter request to keep his options open for the County review. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to affirm the City Assessor's 1988 valuation for the property at 6400 Girard Avenue North. 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 Board of Equalization adjourned at 8:57 p.m. City Clerk Mayor 5 -2 -88 -5- 7C 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 MAY 9, 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 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. 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, EDA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist noted Councilmember Theis would be absent from this evening's meeting. 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. No requests were made. MAYORAL APPOINTMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Mr. Art Mead to the Brooklyn Center Park and Recreation Commission. The motion passed unanimously. RESOLUTION RESOLUTION N0. 88 -65 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 05/09/88) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 5 -9 -88 -1- LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT Blvd. Superette 6912 Brooklyn Blvd. Brooklyn Center American Little League Iten Field Jerry's New Market 5801 Xerxes Ave. N. T. Wright's 5800 Shingle Creek Pkwy. GARBAGE AND REFUSE COLLECTION VEHICLE Aagard Sanitation P. 0. Box 14845 Block Sanitation 6741 79th Ave. N. MECHANICAL SYSTEMS Air Comfort, Inc. 3944 Louisiana Circle A. Binder & Son, Inc. 120 East Butler Avenue Flare Heating & Air Cond., Inc. 664 Mendelssohn Ave. N. Kraemer Heating 7441 Dallas Court Precise Heating, A /C, & Electric, Inc. 2729 Ensign Ave. N. Sedgwick Heating & Air Cond. Co. 8910 Wentworth Ave. S. MOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 County Road 10 SIGN HANGER DeMars Signs 4040 Marshall St. NE Universal Sign Company 1033 Thomas Avenue SWIMMING POOL Earle Brown Farm Apts. 1701, 07 69th Ave. N. The motion passed unanimously. RESOLUTIONS CONTINUED The City Manager presented a Resolution Approving Addendum No. 1 to Contract 1988 -H to Provide for Replacement of Sanitary Sewer on Lakebreeze Avenue. The Director of Public Works stated all the sewer lines running through the proposed street improvement project areas have been televised. He noted all appear to be in good condition except those sewer lines along Lakebreeze Avenue. He stated staff is recommending replacement of that section of the sewer line before the street improvement project begins. He noted at this point staff has not received a firm cost estimate for the project, but his rough guess would be $20,000 to $25,000. Mayor Nyquist inquired if this improvement would be a special assessment. The Director of Public Works stated replacement of this sewer line would be paid for from the public utilities fund. Councilmember Lhotka inquired as to the total cost of the project without replacement of the sewer line. The Director of Public Works stated this particular project is approximately one -half million dollars. Councilmember Lhotka inquired why the existing pipe had originally been placed on pilings and also why a cast iron pipe had been used. The 5 -9 -88 -2- Director of Public Works stated the cast iron pipe had been placed on pilings due to poor soil conditions in the area. He noted the soil engineer does recommend a small amount of soil correction in this area, but no addition pilings are necessary. RESOLUTION NO. 88 -66 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM NO. 1 TO CONTRACT 1988 -H TO PROVIDE FOR REPLACEMENT OF SANITARY SEWER ON LAKEBREEZE AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Director of Public Works stated he should be receiving a detailed estimate regarding the cost for replacement of this sewer line on Tuesday, and he would then notify Council of the figures. ORDINANCE The City Manager presented An Ordinance Amending Chapter 13 Relating to Parks and Recreation. He noted this item was originally offered for a first reading on April 11, 1988, and the Council tabled it to allow for further staff review. He noted there are three options available to the Council, and the Park and Recreation Commission recommended option A. He pointed out the more specific the ordinance is, the more potential there is for problems in enforcement. Councilmember Scott stated option B appears to be the best selection to avoid any enforcement problems. Councilmember Hawes stated the Park and Recreation Commission was very adamant in their approval of option A. He added many members of the commission felt this ordinance needed further clarification. The City Manager reminded the Council that the curfew section would be changed only as it applies to the trailway system. Councilmember Scott inquired if the enforcement issue would be helped if the term loitering were used in this section. The City Attorney stated the enforcement of loitering laws is very difficult for the Police Department, and it becomes a judgment call. Councilmember Hawes stated that the Park and Recreation Commission felt this section of the ordinance should be much more detailed. Mayor Nyquist pointed out technically people are violating the curfew if they are on the trailway within the park. He added that currently police are using their discretion before stopping people on the trailway system. The Personnel Coordinator stated members of the Park and Recreation Commission felt the Police Department should be arresting any person that is on the trailway system within a park if it is past the curfew. She added the commission would like the Council to change the ordinance to allow these people to use the trailways within a park legally. There was a motion by Councilmember Hawes to approve the option C ordinance amendment for a first reading. The motion died due to a lack of a second. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the option B ordinance amendment, An Ordinance Amending Chapter 13 Relating to Parks and Recreation, for a first reading this evening and to set the public hearing for June 13, 1988, at 7:30 p.m. The motion passed with 5 -9 -88 -3- Councilmember Hawes opposed. . PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 87027 SUBMITTED BY DR. JOHN LESCAULT REQUESTING A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW A 32 SQ. FT FREESTANDING HOME OCCUPATION SIGN AT HIS RESIDENCE AT 6142 BROOKLYN BOULEVARD The City Manager noted this item was originally considered earlier in the year and tabled for further investigation. The Director of Planning and Inspection noted this ordinance was before the Council on February 8, 1988. He noted since that time, it has been confirmed that State law does require licensee names to be on signs for chiropractic offices. He briefly reviewed the application and noted staff is recommending an ordinance change which would allow the size of home occupation signs not to exceed six square feet on major thoroughfares. He noted any home occupation which is not along a major thoroughfare would remain at two and one -half square feet. He added that he has discussed this ordinance amendment with Dr. Lescault, and Dr. Lescault does not appear to have any problems with this amendment. Councilmember Lhotka stated he is not a big advocate of increasing sign sizes. He stated he thought it might be possible to change the ordinance so that a sign could be increased in size on an individual basis if the larger sign were required because of set license procedures. The Director of Planning and Inspection stated if a variance were granted for this particular case, the City Council would be setting a precedent for other neighborhoods. Councilmember Lhotka inquired what size signs real estate companies are allowed to post. The Director of Planning and Inspection stated real estate signs cannot exceed six square feet in residential areas. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 34 of the City Ordinances Regarding the Size of Home Occupation Signs and to set a public hearing date for June 13, 1988, at 7:30 p.m. The motion passed unanimously. There was a motion by Councilmember-Lhotka and seconded by Councilmember Scott to deny Planning Commission Application No. 87027, an application for a variance from the sign ordinance, on the grounds that the applicant has not demonstrated that the qualifications for obtaining a variance from the sign ordinance contained in Section 34 -180 of the City ordinances have been met particularly in the following ways: 1. The hardship cited by the applicant is not unusual for -a home occupation located on a major thoroughfare. 2. The conditions upon which the application for a variance is based are not unique inasmuch as there have been at least eight home occupations along Brooklyn Boulevard which have lived within the restrictions of the Sign Ordinance. 3. A large (4' x 8 home occupation sign would be detrimental to the integrity of the R1 district in which the residence of the applicant is located. 5 -9 -88 -4- The motion passed unanimously. DISCUSSION ITEM HOUSE DOCTOR AND HOME ENERGY CHECKUP PROGRAMS The City Manager briefly reviewed the two resolutions pertaining to this item before the Council for consideration this evening. Councilmember Lhotka inquired if staff were quite certain that the West Hennepin Human Services Planning Board would agree with the contract language relating to liability insurance. The Personnel Coordinator responded affirmatively. Councilmember Scott inquired at what point in the application process are the other participating cities at this time. The Personnel Coordinator stated all participating cities are basically at the same point and anticipate submitting the application by the June 1, 1988, deadline. RESOLUTION NO. 88 -67 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING 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 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -68 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING MEMBERS OF A COMMUNITY ENERGY COUNCIL FOR A COMMUNITY ENERGY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. REFUSE AND RECYCLING ANALYSIS The City Manager stated a second community meeting regarding refuse and recycling will be held on May 16, 1988, at 7:30 p.m. in constitution hall. The EDA Coordinator stated at the first public meeting many people expressed an interest in the cost estimates for the different type of programs. He noted if a contract is negotiated between the cities of New Hope, Brooklyn Center, and Crystal, it is believed the monthly rate would be approximately $10 per household. He noted there would be a need for additional personnel which would be shared by the three communities. The EDA Coordinator stated if the City is going to require the residents of Brooklyn Center to recycle, then the City buildings must also start a recycling program. He noted it is assumed that once a curb side program has been started within the City, the need for the Goodwill drop off center will disappear. He went on to explain some of the difficulties involved in using individual haulers and noted that each program affects each hauler differently. He added if 5 -9 -88 -5- P individual haulers were kept for the normal solid waste pickup, the charges would have to be added for curb side pickup of recycled goods and yard wastes. He added staff is concerned with the bid system because it would eliminate the small contractors and eventually the price being paid would skyrocket. A discussion then ensued relative to the process which would be used by the residents in separating their recyclable items. It was noted that the regular waste products would still be placed in trash containers, grass clippings and other yard wastes would still be in large plastic bags, and the recyclables would be placed in separate paper bags. It was also noted that everything would be picked up on one day. Councilmember Lhotka stated he had some concerns regarding the projected costs for the baling equipment. He stated if the City were going to produce large bales for resale, the City would also have to purchase the equipment to move these bales around. He noted the projected costs do not reflect this additional equipment. The EDA Coordinator stated the baler cost is based on a machine which is designed for the liquor stores. He noted the bales could easily be moved by practically any employee, and they would be hauled away free of charge. He added by purchasing a baler for each store, the City could reduce the number of pickups at each store from six daily pickups to one weekly pickup. The EDA Coordinator stated one concern he has is whether there will be a market for recyclables once all of Hennepin County is recycling. The City Manager pointed out the residents should be warned that when the County quits subsidizing the cost of some of these programs, the resident's hauling bill could rise. . Councilmember Scott stated at the meeting on May 16, 1988, information should be given to the residents regarding the compost site for yard wastes because some haulers are no longer picking up yard wastes. OTHER BUSINESS The City Manager stated after adjournment of the regular City Council meeting and the EDA meeting, he would like to call an executive session to discuss two lawsuits. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to convene an executive session following adjournment of the regular City Council meeting, the EDA meeting, and a short recess. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:21 p.m. City Clerk Mayor r 5 -9 -88 -6- `Yoz �Youz _qn fozma6017 CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 1 E TELEPHONE 561 -5440 ENTER EMERGENCY - POLICE - FIRE 911 TO: G. G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: May 18, 1988 RE: Replacement of Sanitary Sewer on Lakebreeze Avenue At the May 9 City Council meeting, the Council approved the issuance of Addendum No. 1 to Contract 1988 -H, to provide for the replacement of a segment of sanitary on Lakebreeze Avenue. At that Council meeting I "guestimated" the cost of that work to be in the range of $20,000 to $25,000. City Engineer, Bo Spurrier, has now developed a more detailed estimate, including a 15% contingency, at $28,750. Respectfully submitted, Knapp Director of Public Works 19A61LL-AMERIG QfT F P U CA LM QR APPO I iaTP�E�lT T �' RrQ�LYII_1:Ei' p P Eil'L����Ei.3L Name Ccrq_/�bb //1SdYi - Psi / /0 C- Age 7.0 Address 7 0 /d' G / rq r c,/ k1l Telephone -I — Z 4 1714 Occupation Years lived. in Brooklyn Center I am interested in serving on the: Park & Recreation Commission _ Park..Service Area Committee Either I have read Council Resolution 73 -25, which defines the purpose, authority and responsibility of the Brooklyn Center Park and Recreation Commission and the Park Service Area Committees. Yes �_ No Comments I understand the importance of regular Commission /Committee meetina attendance and participation, and feel I have the time available to be an active participant. Yes >- No Comments Additional comments on my interest, experience, background, ideas, etc. z�ti �l�l//�e�YI �1 Q X ?2 6t�e cl �7 �v Signature Cite ubmit to: Mayor Dean Nycuist City of Brooklyn Center .6301 Shingle Creek Parkway 55430 Brooklyn Center, 112_�T CITY OF BROOKLYN CENTER Council Meeting Date 5/23/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION 41 ITEM DESCRIPTION: RESOLUTION ESTABLISHING 1988 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1988 -15, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1988 -H) DEPT. APPROVAL: * * * * * * * * * * * **NAPP D *R*** OR *O PUBLIC 79z 2 =7 * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached yes The 1988 street maintenance budget for the street sealcoating program provides • for the use of a cover aggregate called Class A chip rock. I have attached the Budget Explanation sheet from the budget proposal. Plans and specifications have been prepared to sealcoat the streets shown on the attached plan. The estimated cost of the program is $145,000 (i.e., the budgeted amount). Recommendation It is recommended that City Council approve the attached resolution. Member introduced the following resolution and moved q 0 - 1 its adoption: RESOLUTION NO. 87 -116 RESOLUTION ESTABLISHING 1988 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1988 -15, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1988 -H) WHEREAS, the City Engineer has prepared specifications for the proposed work; and WHEREAS, the City Engineer has estimated the cost of said improvement to be $145,000: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that. 1. The following project is hereby established: SEALCOATING IMPROVEMENT PROJECT NO. 1988 -15 2. The specifications for Contract 1988 -H for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 3. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. 4. The accounting for Project Na. 1988 -15 will be done in the General Fund, Street Maintenance Division No. 42. 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. (EBBS) CITY OF BROOKLYN CENTER 46 GENERAL FUND BUDGET BUDGET EXPLANATION Department Activity: STREET MAINTENANCE .Activity #: 42 Page 3 of 4 Pages ------------------------------------------------------- Object Number Explanation --------------------------------------------------------- 4384 Seal Coating Object 4384 covers the cost of the city's sealcoating program. This has been established to allow sealcoating all of the city's streets within a six to seven year cycle. To date the city has used a combination of two different types of sealcoat. On the more heavily traveled arteial and collector streets we have used a class A crushed rock cover aggregate. On the local residential streets the city has used a buckshot rock cover aggregate. While the use of buckshot produces an acceptable seal, there is a substantial nuisance factor associated with the use of this material•(i.e. after application the buckshot continues to loosen from the seal during a period of three to four years, thereby resulting in a continual cleanup problem on the streets, driveways, and grass boulevards). In addition, the loss of the cover aggregate results in a shorter life expectancy of this kind of seal. Accordingly, we are recommending for consideration the alternative use of a class A chip rock on all 'streets within the city. This alternative has the following advantages: 1. It substantially reduces the nuisance problem. 2. It improves skid resistance. 3. This type of seal has an 8 to 9 year life expectancy rather than a 6 to 7 year life expectancy of the buckshot material. The disadvantage of course is that the cost of a class A seal is 30% higher than the cost of a buckshot seal. Because of the longer life expectancy the long term cost of the twc alternatives are nearly identical. However, because all residential streets have now been sealcoated with buckshot it would be necessary to complete the'next cycle of seal coating within the next 6 to 7 years. Accordinly, if we plan to initiate a new program to use all class A chip rock, itwould be necessary tc provide a higher level of funding during this period. The 145,000 dollar appropriation requested in this budget would allow the city to initiate the use of the class A chiprock program in 1988. This level of expenditure would need to be continued for the following 5 to 6 years thereafter, the annual cost could be reduced to a level of approximately $122,000. (EBNPCYC) CITY OF BROOKLYN CENTER GENERAL FUND BUDGET NOTICE OF POSSIBLE CURRENT YEAR BUDGET CHANGES ------------------- - - - - -- --------------- - - - - -- _ ----- - ---- Department Activity: STREET MAINTENANCE Activity #: 42 Page 4 of 4 Pages 4384 CONT. If alternatively, a decision is made to continue with the existir program (i.e. the use of class A chip rock on collector and arterial streets and the use of buckshot on residential streets), the recommended appropriation for 1988 is $119,950. i NOTE: Object 4234 and Object 4384 make up the total street maintenance budjet excluding city labor. 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Im • ■n I I ■� . • _ 11. 91C ��■ I�IL'■1 IUnt1 ■Il /tt � � ` ■ �i li a1g11 . { N E�nll Amu M .■ t�ii' �I10 ' - - I CITY OF BROOKLYN CENTER Council Meeting Date 5/233/88 Agenda Item Number / b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES DEPT. APPROVAL SY KNAPR DIRECTOR OF PUBLIC WOR MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUIb'IMARY EXPLANATION: (supplemental sheets attached NO The attached resolution represents the official council action required to expedite removal of the trees most recently marked by the city tree inspector in accordance with the procedures outlined therein. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDATION It is recommended the council adopt the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE R EMOVA L OF S HADE TREES (ORDER NO. DST 05/23/88) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove shade trees on the owners' property; and WHEREAS, the City can expedite the removal of these shade trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER M & S O'CONNOR 3319 66TH AVE N 10 ADRIAN FILIPIAK 3312 QUARLES RD 11 ADRIAN FILIPIAK 3312 QUARLES RD 12 ADRIAN FILIPIAK 3312 QUARLES RD 13 ADRIAN FILIPIAK 3312 QUARLES RD 14 HAROLD ANKLAM 5328 NO LILAC DR 15 G KOTTKE /E FORRETTE 5423 FREMONT AVE N 16 EUGENE POLYDISKY 7237 LOGAN AVE N 17 DELBERT & MARY BOYER 5817 PEARSON DR 5 WILLIAM TESSMAN 5815 DREW AVE N 6 M & S GARFIELD 3408 66TH AVE N 7 F & A FLICEK 3118 QUARLES RD 8 M & S O'CONNOR 3319 66TH AVE N 9 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, includin g legal, al , financin g and administrative charges, shall be specially assessed against the property. S RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. qC' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DON PETERSON WHEREAS, Don Peterson served on the Brooklyn Center Parks and Recreation Commission from November 7, 1983, to May 1, 1988; and WHEREAS, he actively participated in the preparation of reports from the commission to the City Council on Year 2000 Report assignments; 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, 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 Don Peterson 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF CARL MANSON WHEREAS, Carl Manson served on the Brooklyn Center Parks and Recreation Commission from December 17, 1984, to May 1, 1988; and WHEREAS, he actively participated in the preparation of reports from the commission to the City Council on Year 2000 Report assignments; 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, 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 Carl Manson 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. CITY OF BROOKLYN CENTER Council Meeting Date 5 -23 -88 Agenda Item Number q REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDING TO THE MINNESOTA DEPARTMENT OF PUBLIC SERVICE, ENERGY DIVISION DEPT. APPROVAL: &&" Personnel Coordinator Signature - itle MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) On May 16, 1988, the community energy council (CEC), consisting of citizen representatives from Brooklyn Center, Golden Valley, and Crystal met with staff members from these cities and Bruce Larson, assistant director of West Hennepin Human Services Planning Board (WHHSPB) to review an application for a community energy council grant for the three cities. Attached is a resolution authorizing the City of Brooklyn Center to submit the grant application on behalf of the three cities and the grant application itself. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Authorizing the Submittal of an Application for Grant Funding to the Minnesota Department of Public Service, Energy Division. 9E Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDING TO THE MINNESOTA DEPARTMENT OF PUBLIC SERVICE. ENERGY DIVISION WHEREAS, the City of Brooklyn Center is a sponsoring unit of government for the project titled "The Conservation Improvement Program," also known as the House Doctor and Home Energy Checkup Programs; and WHEREAS, Brooklyn Center, Crystal, and Golden Valley are coordinating their grant application efforts for funding these programs; and WHEREAS, the City of Brooklyn Center has agreed to serve as the lead unit of government in making the grant application on behalf of itself, Crystal, and Golden Valley, in accordance with Resolution 88 -67. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center is hereby authorized to submit an application for a community energy council grant to the Minnesota Department of Public Service, Energy Division, on behalf of the cities of Brooklyn Center, Crystal, and Golden Valley. 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. � � � � APPLICATION FOR COMMUNITY ENERGY COUNCIL GRANT FY 88 - Cycle 2 1.1 Name and Address of Applicant Unit(s) of Government: � Brooklyn Center Crystal Golden Valley 6301 Shingle Creek Parkway 4141 Douglas Dr. 7800 Golden Valley Rd. Brooklyn Center, Mn. 55430 Crystal, Mn. 55422 Golden Valley, Mn. 55427 1.2 Population of Applicant Jurisdiction(s): Brooklyn Center - 29,555 Crystal - 25,009 Golden Valley - 21,527 Total 76,091 (1987 Metorpolitan Council Estimates) �0.3 Lead Applicant for Grant Administration: (For Joint Applications Only) Brooklyn Center 1.4 Contact Person: Name: Geralyn Barone Bruce Larson Title: Personnel Coordinator Assistant Director City of Brooklyn Center West Hennepin Human Services Planning Board Street: 6301 Shingle Creek Parkway 4100 Vernon Avenue S. City: Brooklyn Center St. Louis Park State/ZIP Minnesota 55430 Minnesota 55416 Phone (612) 561-5440 (612) 920-5533 � � � 1. 5 Name � �f Community Energy Council (s) and Date (s) Established. (On a separate sheet attach a list of Community Energy Council members and their relevant affiliations, if any. Also attach a copy of the resolution(s) establishing the Community Energy Council(s): See Attachments 1. 5 A, 1. 5 B, 1. 5 C, and 1. S D. 1.6 Project Title: The Brooklyn Center, Crystal, and Golden Valley Community Energy Conservation Project. 1.7 Project Abstract (A short summary of project information in Sections 2.1-2.4) The Home Energy Check. -up Program is designed to provide a quick practical 9 P q P audit; training for the installation of basic infiltration measures with hands -on instruction about weatherization techniques and needs; counseling about sensible major conservation investments and available funding sources; and follow -up to encourage participants to undertake further weatherization, answer additional questions and provide other technical assistance as may be required. This visit will last approximately E.5 hours at a basic cost of $60.00 per visit. The materials supplied will have a value of approximately $20.00 wholesale. It is expected that approximately 600 hordes will be served during the two years of the grant. 10 he Home Energy Check. -up Program will also act as a screening and referral mechanisms for the House Doctor Program. This program will be targeted to low and moderate homeowners whose homes have high levels of air infiltration thus reducing the effectiveness of their heating plants. The program will do this by identifying leaks and caulking, weatherstripping, etc. Other low cost weatherization measures will also be implemented. The cost per house is estimated at $400 with from 130 to 150 homes served. The Community Energy Council will also undertake reseach and planning activities which miay lead to the implementation of an energy coordination and education project targeted at low income households why � have chronic energy crisis due to high consumption and poor payment histories with their utilities. Other research and planning activities to be undertaken may be directed at the development of small business audit programs and multi- family audit programs. � 1.8 Proposed Funding 0a . G t R t ran Request First Year Second Year Total_____ � $23,535.00 $25,048.00 $48,583.00 � b. Local Match Source ' First Year Second Year Total_____ WHHS* ---------- $__2.050 $23_050___ $__4.1.102 CITIES* --------- $900 $900--_ $__1,800 NSP $_263-000___ $__411-000 $_671..000-_ MINNEGASCO_____-____ $_82,000 $__30,000___ CDBG/MHFA ---------- $_122- $__27,_00o (indicate with * if in-kind -- Local Match Total $1 $223 TOTAL PROPOSED FUNDING $1462-485 $272u483__ To the best of my knowledge and belief, data in this application are true and correct, and submission of this application has been duly authorized by the governing body or bodies of the application(s). -------------------------------- ------------------------- --------- Signature of authorized Typed name and title Date Signed — Attach a copy of the resolution or resolutions authorizing submission of this application and execution of a grant agreement if the application is successful. (See Attachment 1.8 A, 1.8 B, 1.8 C. ' � � � � � � 2.0 PROJECT INFORMATION 4110 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 available 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 many 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, the reluctance of households to incorporate conservation practices into their daily lives, the lack of skills by many households on installing low cost energy conservation materials in their homes and the need for many low income households to incorporate energy conservation practices into their daily lives. 2.2 Project objectives, including quantitative indicators, such as numbers of homes or businesses served. Ho=e Energy Check-:p Program Objectives: To provide a quick, practical audit to residents of the participating communities. 2. To provide hands-on instruction to community residents about weatherization techniques and needs. 3. Where approriate to install weatherization materials for those such as the handicapped or senior citizens who would not be able to do the work themselves. ' 4' To provide information about sensible major conservation investments and funding sources where approrpiate. 5. To coduct follow-up calls to encourage the residents to undertake further weatherization when appropriate, answer additional questions, etc. G. When appropriate to 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 follows: 9/88-9/89 9/89-9/90 Brooklyn Center 150 125 Crystal 115 100 Golden Valley 60 50 II. House Doctor Program Evaluation: I. To provide at a minimum housedoctoring services to a total of 130 single family homeowners in the three participating communities. These will be divided as follows: 50 to Brooklyn Center, 50 to Crystal and 30 to GoIden Valley. It is hoped that this may be increased through negotiations with Minnegasco. - � � � 2. The objective oi the program will be to reduce air infiltration into � the structures by an average as yet to be determined. This will be established 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. 3. 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 locating financial resources � to undertake these improvements when requested. 4. To undertake follow-up interviews with participants concerning household satisfaction, household participation, household savings and � the impact of the program on high energy consumers. � III.Commercial Pudits: � � 1. To monitor the activities of the Department of Public Service and Northern States Power as they develop methods for providing commercial audits to small businesses. � 2. Based upon the above mentionned activities to develop a small business � audit component for implementation during the second year of the grant. � IV. Multi-family Audits: ' � . To undertake the devel of an audit program for buildings of 2-4 � i s units using current Rcs audit program techniques. � 2. Based on the outcomes of the above objective to expand the effort to larger units (up to 12 units). � V. Energy Coordination and Education Project: � 1. To develop plans for the implementation of a project to assist low � income households who are high energy consumers or who have chronic � problems with utility bill arrearages which lead to shutoff situations. 2. The objectives of the program would be to provide these services in � the cities of Brooklyn Center, Crystal, Golden Valley and Robbir,sdale: � *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 weatherization services. *To assist with the development of budget paying plans and financial counseling. � � � 2.3 Work Plan (Describe each major planning, promotion, and implementation 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 Hunan Services Planning Board QHHS) to administer the program. The day -to -day activiities of the program will be under the supervision of Bruce Larsen, Assistant Direct • •r for WHHS. See Attachment 2.3A. for a narrative description of each program component. 0 0 0 Z WORK.PLAN PROJECT TASKS DATES STAFFING RESULTS HOME ENERGY CHECK, -UP TO NEGOTIATE CONTRACT 7/1- 9/1/88 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 8/1/88- ONGOING PRESS RELEASES PROGTRAM FLYERS CLIENTS FOR PROGRAM UNDERTAKE AUDITS 9/1/88 - 9/1/90 HEC AUDITORS 600 HEC HOUSEHOLDS HOUSE DOCTOR PROGRAM TO NEGOTIATE CONTRACT 7/1/- 9/1/88 STAFF, CITY SIGNED CONTRACT 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- 9/1/88 STAFF, CEC, BID SPECIFICATIONS CONTRACTOR MINNEGASCO ANNOUNCEMENT OF BID IDENTIFICATION OF 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 HOUSE DOCTOR SERVICE TO 130 HOMES EVALUATIONS 10/1/88 - 10/1/90 WHHS STAFF EVALUATION REPORT CONSERVATION EDUCATION DEVELOPMENT OF PLAN 6/1/88- 9/1/88 CITY AND WHHS STAFF PROGRAM PLAN AND 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 9/1/88 SAME AS ABOVE SERVICES TO 250 CLIENTS 2.3A WORKPLAN, CONTINUED PROJECT TASKS DATES STAFFING RESULTS - COMMERCIAL 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 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 c. 4 Coordination ( indicate how activities undertaken with community energy . council grant funds will be coordinated with activities of other energy service providers.) WHHS, the subcontractor for the proposed program has effectively administered the Energy Assistance Program for suburban Hennepin County for more than nine years. As administrator of the program, WHHS has access to information regarding low income persons receiving energy assistance, and those who are denied because they are gust above the guidelines. The Energy Assistance Program is also the primary referral resource for the law- income weatherization program and maintains an informal referral network with a large group of human service agencies in suburban Hennepin County. (See Attachment 2.4A). In addition, WHHS has initiated the Suburban Energy Issues Task Force as a means of improving coordination of energy conservation activities and to develop approriate responses to meet energy issues in the suburban Hennepin area. The task force remains active with a member of its staff as the chair of the group. This fits well within the overall mission statement of WHHS which is to plan, educate and coordinate human service activities. This has allowed WHHS to develop a network of contacts amo government agencies, community gr� ups and the local media. For additional informat regarding WHHS activities see the attached Annua Report. (See Attachment 4, OW . WHHS is the current administrator of Home Energy Check -up Programs and lilt ouse Doctor Programs in Plymouth, St. Louis Park, Robbinsdale, Maple rave and Medina. Through these programs WHHS has initiated informal agreements of coordination with the low income weatherizat ion program and municipal lean and grant programs for referrals of clients where appropriate. It will also build upon its network of contacts with government agencies, community groups and local media to promo the coordination of services. • 9 0 0 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. Ot Sources Community Energy ( List source and amount. Indicate with * if in -kind )) Experyditure Category Council Grant WHHS* CITIES* NSP MGC CDBG/MHEAT A. Salaries and wages 17, 160.00 1, 100* 400* 18, 660. 0 B. Fringe Benefits 3,775.00 3,775.( 0 C. In -state travel 800.00 8 0 0. 0 D. Spare rental and 500* 300* 800. 0 utilities E. Rental and lease of 200* 2 0 0. 0 equipment F. Consumable supplies 400.00 4 0 0. C 0 G. Telephone 200.00 100* 300. 0 H. 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 0 K. Consultant and contract services (describe in detail) (1) (2) (4) L. Other (describe in 26,000 52,000 12,000 120, 000.00 detail) 30,000 (3) TOTALS 13 535.00 2,050 900 26,000 82,000 12,000 146,485.00 (1) Home Energy Check -up Program (2) House Doctor Program TOTAL MATCH 122F950. {3) Pilot Conservation Education and Coordination Project GRAND TO'T'AL 146485. 0 (4) Home Improvement and Conservation Loan Programs 3.2 900ND YEAR BUDGET' 9 If proPosing more than one project, prepare a total budget and separately labelled budgets for each project using this format. other Sources Ocem�amity Enettgy ( List source and amount. Indicate with * if in -kind ) Eupeixliture �tecN Oouncil G WHHS CITIE N S P MGC C D B 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* 800 utilities E. Rental and lease of 200 equipment 2 0 0 F. Consumable supplies 400.00 4 0 0 G. Telephone 200.00 100* 300 H. Postage 500.00 5 0 0 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 jn 26,0 (1 30, (3) 12, (4) 98, 000 detail) 15,100 15,000 (2) (5) TOTALS 25 048.00 2,050 900 41,000 30,000 27,000 125,998 (1) Home Energy Check -up Program TOTAL MATCH 100,950 (2) Commercial Audits GRAND TOTAL 125 998 (3) Pilot Conservation Education and Coordination Project (4) Home Improvement and Conservation Loan Program 7 (5) Multi. Family Audits 3 . 3 *MINED FIRST & SECOND YEAR BUDGET • 0 If proposing more than one project, prepare a total budget and separately labelled budgets for each project using this format. Other Sources Coon mity Energy ( List source and amount. Indicate with * if in -kind ) Eerxiiture CategoLy Council Grant WHHS CITIES NSP MGC CDBG /MHFA Total A. Salaries and wages 35,560 2200* 800* 38,560 B. Fringe Benefits 7,823 7,823 C. In -state travel 1,600 1,600 D. Space rental and 1, 000* 600* 1,600 utilities E. Rental and lease of 400* 4 0 0 equipment F. Consumable supplies 800 8 0 0 G. Telephone 400 2 0 0 600 H. Postage 1,000 1,000 I. Printing and Printed 1,400 200* 4 0 0* 2,000 materials J. Insurance 100* 100 K. Consultant and contract services (describe in detail) L. Utter (describe (1) (3) (5) 52, 000 52,000 24,000 218,000 detail) 15,000 60,000 15,000 ( (4) (6) T DUB 48 583.00 4,100 1,800 67,000 112,000 39 000 272,483 (1) Home Energy Check -up Program (2) Commercial Audits IMAL MATCH 223,900 (3) House Doctor Program GRAND TOTAL 272,483 (4) Pilot Conservation Ed. & Coord. Project (5) Loan Program 8 (() nIli Ifi T, i1- Tn (9 ii lil t, 4 Efforts to secure additional funds and documentation of local match (if appropriate, describe efforts that are underway � �r planned to secure funds in addition to community energy council grant funds for - project implementation. Attach any available documentation of these efforts, e.g. letters of request, proposals, etc. Attach documentation of local match in the form of resolutions or minutes of the City Council or County Board and letters of cash or in -kind commitment from other sources.) The three participating cities and WHHS are currently working with Northern States Power (NSP) and Minnegasco to secure funds to perform the Home Energy Check -up Program and the House Doctor Program. See Attachments 3.4A and 3.4B. A commitment to these programs have also been included in these utilities Conservation Improvement Program filings with the Mn. Public U t i l i t i e s Commission. The commmitment of in -kind matches from the three cities and WHHS are identified on page 2 and the budget sheets of this application. This match will include administrative services, office space, equipment, meeting space, assistance with outreach, etc. Minnegasc� � has made a commitment in its Conservation impro vement Program filing to the Mn. Public Utilities Commission to assist in the funding of a pilot project for conservation education and coordination targeted to the low income. This will be modeled after the Minneapolis Project but adapted to the suburban area. Sk uring the conservation investment consultation �n with homeowners options for funding additional weatherization opportunities will be explored. These options could include CDBG or MHFA horde improvement loans and grants. While it is extremely difficult to estimate the amount of work which could be generated by this activity we estimate at a minimum it would be $15,000. 4.0 Applicant Experience. (If appropriate, describe applicant's past or current experience in conducting energy- related community programs.) As the actual day-to activities will be handled under contract by WHHS it is their experience which is described below. In addition to that described WHHS currently has on staff 3 RCS certified auditors with a total o f 11 years of experience. See section 2.4 See WHHS Annual Report (Attachment 4.OA. ) See WHHS Final Report for House Doctor Program (Attachment 4.4B) See WHHS Monitoring and Evaluation Report (Attachment 4.00) 5.0 Evaluation (Descsribe how applicant will evaluate whether objectives have been met and how energy saving will be evaluated.) Project evaluation will be conducted on a continual basis. The projects have been designed to provide multiple opportunities for this. it is seen as a critical component of all the programs to be implemented. These valuations shall be directed at several different aspects of each SEjec gram: household satisfaction, household participation, household ings, and the impact of the program on high energy consumers. Each will have a specific evaluation component to be developed in conjunction with participating agencies and fenders. The project work plan identifies the process for developing these activities. The following are examples of these activities. In evaluating household satisfaction, the program shall seek participants' responses to their understanding of the program, how helpful the staff were, why they participated in the program, and did they think the materials available were appropriate. For household participation, foll ow -up shall be conducted to determine whether the household did implement the suggestions by the auditor, what barriers they encountered in completing ing the project, what trouble they may have encountered in completing the project, what trouble they may have had with the contractors and whether they continue to practice the suggested life style changes. The follow -up information shall then be used to determine participants' perception on increased comfort and their energy savings. � ATTACHMENT 2.3A _Uan for 1988-90 ' The following are components for the Community Energy Council Plan.Components: This program is funded by Northern States Power. This is an audit program available to all single family home owners and renters in buildings which have up to 4 living units who are NSP customers. The "work" is performed by local personnel who are trained RCS auditors. The HEC visit with a homeowner or renter consists of four goals: 1) a quick, practical audit based on the MECS/RCS audit; 2> hands-on instruction about weatherization techniques and needs with installation of basic infiltration measures available to target groups who would not otherwise be able to do the work themselves (senior citizens, handicapped, single parent households); 3> a discussion about sehsible major conser`yaton investments and available weatherization of funding sources; and 4) a follow-up visit or call to encourage the resident to undertake further weatherization, ask questions, and address other energy needs or concerns. The participant is also left with a selection of weatherization materails worth from $20 to $30 based on the needs of the unit as determined by the audit. There is a $10 fee for participation in the program for those who are home owners. We currently have an agreement with NSP that this fee is waived for all targeted groups such as seniors, handicapped and single parent head-of-households as well as all renters. We have approximately 600 HEC's which we can do in the three � communities. The Home Energy Check-up will also act as the screening devise for referral to the House Doctor Program. The objective of the House Doctor project is to reduce the air infiltration into a residential structure measured at 50 pascals negative pressure. This is limited to ensure the house is not tightened below nationally recognized safe ventilation levels. Basically, a negative pressure is created in the structure usng an air-door, the leaks are found and corrected using void filler, weatherstripping, etc. In addition, other low cost weatherization -- measures are currently addressed such as repairing insulation voids, insulating attic accesses, insulating accessible rim joist areas etc. On the average, a job takes the contractor 16 hours. ' � As the objective of the program is to lower the air infiltration rate by a certain percentage (Minnegasco has identified 40% in their plan) it is necessary to identify the participating homes prior to participation in the program. This can be done through the HEC's. The funder of the project is Minnegasco. They have requested that the program be targeted 100% to low to moderate income households who are homeowners and Minnegasco customers. It is up to the community to define what is considered low income. This will be done at a later date. They have also recommended the program level in the three communities as 30 for Golden Valley, 50 for Crystal and 50 for Brooklyn Center. This was based on an analysis of number of low incomes families, age of housing stock, number of single family dwelling units, number of Minnegasco customer in each community and � level of funding they would like to make available. Conservation Education and -Coordination Project(Project � ): This is an educational project designed to assist low income residents in controlling their energy use, and consequently their energy bills. This is d6ne by educating the household on energy use and coordinating assistance available to that household from a variety of energy service providers in the participating communities. It is anticipated that the service providers who will participate in this program are the Suburban Hennepin Energy Assistance Program, the WHHS energy conservation component, Salvation Army/Heatshare, local community development agencies, Natural Resources Corporation and Minneapolis Energy Office. The process of coordinating assistance through the energy assistance program is: referral; intake; an energy workshop for the entire family; an audit to determine the weatherization needs of that household(HEC); an analysis of the audit and development of a plan of action for that household; implementation of the plan--the actual coordination of all energy services available to that household, both financial and weatherization; a post-installation inspection; development of a budget plan that includes all financial aid avaiable to the household; and an evaluation. When approriate programs such as the House Doctor or loan and grant programs will be made available to the participant. The project is designed to be used 100% by low income households, individuals and renters. All participants will need to meet the federal guidelines as set by the State of Minnesota for the energy assistance program. It is anticipated that a total of 250 families in this area can be served by the program. As currently described in the Minneagasco plan to the Public Utilities Commission this service would be available to Crystal, Brooklyn Center, Golden Valley and �N�v Robbinsdale. Robbinsdale is currently participating in a similar program and offers the same array of conservation services. In addition all four cities utilize the same intake site for the energy �~ assistance program. � : � Currently the Department of Public Service and Northern States Power are developing various methods for providing commercial audits to small visits. This includes the development of a training course for auditors to undertake these audits. It is our suggestion that WHHS staff continue to explore the feasibility of doing this in the three communities. : Currently the only multi-family audit program in the West Metor Area is by the Minneapolis Energy Office. It is suggested that as part of the CEC planning effort WHHS staff undertake the development of a audit program for buildings of 2-4 units using the current RCS audit program. If it would work then a plan would be developed to expand it to larger units ( up to 12 units or so). ' - � � CITY OF BROOKLYN CENTER council Meeting Date 5 -23 Agenda Item Number 9� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION IN SUPPORT OF CORRECTING THE REQUIREMENT OF TAXATION OF STATE AND LOCAL GOVERNMENT EMPLOYEE BENEFITS DEPT. APPROVAL: hfN Coordinator Signature`- title MANAGER'S REVIEW /RECOMMENDATION: f ' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) Attached is a resolution addressing action by the U.S. Treasury Department to attempt to tax certain • public employee fringe benefits. Public employees will be forced to pay annual income taxes on the value of accumulated annual and sick leave, death and disability benefits, and severance and compensatory pay for tax year 1988 and beyond. This tax will be paid on benefits which employees have not yet received and may never receive. The taxation of these benefits at accrual instead of when the benefit is actually used by the employee simply makes no sense and will create additional financial (employees will want additional pay raises to offset the new tax) and record keeping (public payroll offices will have to track the dollar value of benefits as they accumulate over time) burdens on political subdivisions and their employees. RECOMMENDED CITY COUNCIL ACTION: Pass a Resolution in Support of Correcting the Requirement of Taxation of State and Local Government Employee Benefits and forward copies of the resolution on to the City's Congressmen. I q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION IN SUPPORT OF CORRECTING THE REQUIREMENT OF TAXATION OF STATE AND LOCAL GOVERNMENT EMPLOYEE BENEFITS WHEREAS the U.S. Department of Treasury u continues P y es in its unilateral quest to tax certain public employee fringe benefits; and WHEREAS, public workers will be forced to pay annual income taxes on the value of accumulated annual and sick leave, death and disability benefits, and severance and compensatory pay for tax year 1988 and beyond; and WHEREAS, this tax will be paid on benefits which employees have not yet received and may never receive; the taxation of these benefits at accrual instead of when the benefit is actually used by the employee will create additional financial and record keeping burdens on political subdivisions and their employees; and WHEREAS, U.S. Representative Robert Matsui (D -CA) has introduced H.R. 4221 to correct this situation; and WHEREAS, it is the desire of the City Council of the City of Brooklyn Center to hold down costs to the public sector, its employees, and taxpayers whenever possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center Minnesota, Y o a, that members of the U.S. Congress are urged to eliminate the requirement of taxation of state and local government employee benefits by supporting H.R. 4221 or any other similar legislation. 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. Y P p d. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB WHEREAS, THE BROOKLYN CENTER LIONS CLUB has presented the City a gift of one thousand five hundred dollars ($1,500) and has designated that it be used for the "Entertainment in the Parks" program during the summer of 1989; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Lions Club for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $1,500 be held in escrow until the calendar year 1989 and then be appropriated to the General Recreation Programs Professional Services Budget to be used for the "Entertainment in the Parks" 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 voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB WHEREAS, THE BROOKLYN CENTER LIONS CLUB has presented the City a gift of one thousand ($1,000) and has designated that it be used to assist in providing a fireworks display during "Entertainment In The Parks "; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Lions Club for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $1,000 be appropriated to the General Recreation Programs Professional Services Budget to be used to assist in providing fireworks durings "Entertainment in the Parks ". 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. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE FAMILY OF JODY MARK GOTTSMAN WHEREAS, THE FAMILY OF JODY MARK GOTTSMAN has presented the City a gift of two hundred dollars ($200) and has requested that it be used to place a park bench in the Palmer Lake Park Reserve in memory of their family member Jody Mark Gottsman who found the Reserve a refuge, a place to take walks with his father, a quiet place to get away to think and dream, and to watch the ducks and admire a sunset; and WHEREAS, the City Council is appreciative of the gift and commends the family of Jody Mark Gottsman for its civic effort: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $200 be appropriated to the Parks Maintenance Capital Outlay account to be used to purchase and place a bench in the Palmer Lake Park Reserve in memory of Jody Mark Gottsman. Date Mayor ATTEST: 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. Mr. Mavis City of Brooklyn Center Park And Recreation Dept. April 29, 1988 Brooklyn Center, NIN 55429 Dear Mr. Mavis, You have requested a letter stating our reasons for wanting a park bench placed in Palmer Lake Park Reserve, in memory of our family member, Jody Mark Gottsman. As you know Mr. Mavis, Jody was killed in an automobile accident on March 24th of this year. He would have been twenty -two on May 27th. When confronted with such an especially difficult loss, people learn many things, one of them being we all have a to remember and to be remembered. Our memories are our most precious possesions, in nothing else are we rich, in nothing else are we poor. One of the ways we've chosen to honor Jody's memory is with this park bench. Jody spent his entire life in the vicinity of Palmer Lake Park. He attended Palmer Lake Elementary and graduated from Park Center High School. As he grew, his loveand respect for the outdoors grew also. Palmer Lake became one of his favorite spots to go. It was a refuge, a place to take walks with his father, a quiet place to get away to think and dream, to watch the ducks and admire a sunset. When trying to think of an appropriate memorial for Jody, our thoughts kept returning to this place and we felt a park bench would be especially befitting. It'll provide a resting, reflecting place, not only for his family, who will go there and take pause to remember, but also for countless others, who never knew Jody, but who nonetheless share the same love he had for the outdoors and this park. We think Jody would have liked that very much. Thank -you for working with us and giving us this opportunity to donate this memorial in Jody's name. With Sincere Appreciation, The Family of Jody Mark Gottsman F " t � 4)�SO / 1 ?J Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACKNOWLEDGING GIFT FROM THE SCALE FLYERS OF MINNESOTA WHEREAS, THE SCALE FLYERS OF MINNESOTA model airplane club has presented the City a gift of fifty dollars ($50) and has requested that it be used to purchase a Santa Claus suit to be used for special recreation events; and WHEREAS, the City Council is appreciative of the gift and commends the Scale Flyers of Minnesota for its civic effort: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $50 be appropriated to the Community Center Program Supplies and Equipment account (Special Events) to be used to purchase a Santa Claus suit. _ Date _. _.... _ _.._._._. ______ — Mayor^�_______ _ ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • 9K Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB WHEREAS, THE BROOKLYN CENTER ROTARY CLUB has presented the City a gift of four hundred dollars ($ and has designated that it be used to purchase flowers for the Central Park Plaza; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Rotary Club for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $400 be appropriated to the Parks' Maintenance Landscape Materials and Supplies Budget to be used to purchase flowers for the Central Park Plaza. 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. g� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF REPLACEMENT ELECTRONIC CASH REGISTERS FOR THE MUNICIPAL LIQUOR STORES WHEREAS, The City of Brooklyn Center is authorized to participate in LOGIS (Local Government Informations Systems) through a joint powers agreement; and WHEREAS, on Friday, May 13, 1988, at 9:00 a.m., the LOGIS Executive Board accepted the bid of Retail Data Systems to provide point -of -sale terminal electronic cash registers to LOGIS municipal off -sale liquor stores; and WHEREAS, the City Manager has recommended the replacement of the electronic cash registers currently being used in the City's three off -sale stores. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center to purchase from Retail Data Systems the following equipment which was included in the bid as accepted: 3 Datachecker /DTS 555s with 128 KBytes CMOS Memory $16,980.00 3 Datachecker /DTS 555s with 128 KBytes EDAC Memory 13,995.00 6 Metrologic MS 260 Mini -Slot UPC Scanners 10,170.00 Sub -total $41,145.00 Less 2% Volume Discount - 822.90 Less Cash Registers to be traded - 3,000.00 Net Cost $37,322.10 BE IT FURTHER RESOLVED that the City Manager be authorized to purchase said registers from the Liquor Stores' 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. (ADMEMO) • _p��CF DEPARTMENT OF FINANCE � m.u- �nc.m► � o TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: May 18, 1988 SUBJECT: Purchase of Replacement Point --of -Sale Terminals for Liquor Stores The attached resolution, if adopted by the City Council, will authorize the purchase of six point --of --sale terminals (electronic cash registers), in the total amount of $37, 322.10, to replace the existing registers in the three liquor stores. Bids were taken by LOGIS for this equipment and we will make the purchase through that authorization. The equipment to be purchased for each store is identical and is as follows: • 1 DTS 555 Electronic Cash Register with 128 KBytes CMOS Memory $ 5,660.00 1 DTS 555 Electronic Cash Register with 128 KBytes EDAC Memory $ 4,665.00 2 Metrologic MS 260 Mini -Slot UPC Scanners $ 3,390.00 $13,715.00 The total for the three stores will be $41,145.00. This amount will be reduced by a 2% volume discount in the amount of $822.90 and a trade -in of our six existing registers in the amount of $3,000.00. The net cost of the replacement equipment will be $37,322.10. The volume discount is based on an anticipated sale of ten to twenty- four registers to various LOGIS cities. If more than twenty -four registers are sold to LOGIS cities, the discount will increase to 4% and we will receive a credit. The equipment to be replaced is now eight years old and requires frequent maintenance. If we were to keep the old registers, they would have to be overhauled. The replace- ment of the equipment would give us important features that we do not currently have. One of these features is optical scanning. Optical scanning will eliminate many of the human errors which now occur when clerks ring -up sales. It will also increase the speed of checking through customers. The registers will also have increased printer speed. Together, these features will reduce the lines at the check --out counters. Another new feature that this equipment will offer is two -way communication. This will allow the liquor stores' manager to change prices instantly at the registers in . all stores from one location. This would be particularly useful for special sales events. (May 18, 1988 Memorandum to G.G. Splinter from P.W. Holmlund continued) • Jerry Olson, liquor stores' manager has pointed out many advantages in going to the replacement equipment in a memorandum to me. I have attached that memo. Customer convenience and tighter management control would be the main advantages, in my opinion. I fully agree with Jerry's comments and recommend the equipment replacement. I have also attached correspondence from LOGIS concerning the need for the replacement equipment and the procedures that they have gone through to select and obtain the equipment. Paul W. Holmlund, Director • MEMORANDUM TO: Paul Holmlund FROM: G. E. Olson ,* DATE: April 12, 1988 SUBJECT: NEW POS TERMINALS FOR LIQUOR STORES It has become time to invest in new POS terminals for all three liquor stores. The old DTS 550's have reached a point where they are going to either have to be overhauled or replaced. The cost difference between new terminals and overhauling the existing ones is not cost effective. We would be putting a lot of money into old obsolete equipment. There are many benefits in going to the new DTS 555 POS terminals. First, they have a new high -speed printer which means customers won't have to stand and wait for their receipts and checks to be processed. Next, they have two -way communication, which means LOGIS can not only poll the daily sales information from the stores, but can also download data to the stores. This downloading can include price changes, new items, inventory files, or in the event a store loses its file (as does happen!) the entire terminal file can be downloaded. Today all these tasks have to be done manually at each store. This means each price change and each new item has to be put in three different times plus new • items a fourth time at City Hall. The possibility of error would be cut three to four times by having a computer terminal in my office on which I could enter all these items once. They then would be downloaded to the stores that night after polling. Plus, this would eliminate the time I spend driving to all three stores delivering and entering this information into each terminal. The price changes would also be done automatically so I would not have to rely on the morning crews to put them in the terminals. This has been a real problem in the past as this is not a daily function and, therefore, it is not routine and is often forgotten. Along with the above - mentioned advantages, the DTS 555 has an optional feature of scanning. Scanning has four very good potential benefits for us: 1. Increased accuracy by eliminating having personnel label each item with a code number; will reduce any mis- labeling which may occur due to wrong item number or wrong size. 2. Elimination of errors occurring in the printing of the item labels. 3. Increased accuracy at the point of sale by eliminating a cashier mis- keying an item number. It is not possible to make an error of entering the code number for a liter of Windsor when the customer actually is purchasing a 1.75 liter. 4. Faster check -out of customers, especially during peak periods due to increased printer speed, and scanning VS key entry of items. -1- Memo to Paul Holmlund April 12, 1988 Page Z On our present system, we do not label our beer items because labels do not stay on the products due to condensation in the cooler. Because of no labeling, each item has to be looked up by the cashier at the time of sale. Not only is this time consuming, but the potential error factor is very high. As you know, during the summer months beer can run as high as 65% of our daily sales. I am recommending at this time that we purchase the new DTS 555 POS Terminal with scanners. lm • May 5, 1988 Mr. Ted Willard LOGIS 2700 Freeway Blvd. Suite 300 Brooklyn Center, MN 55430 Dear Mr. Willard: The following is in response to your request for bids on the Datachecker /DTS Model 555 electronic cash reg- ister: SPECIFIC REQUIREMENTS 1. Datachecker/ DTS SS5. 2. 16 KBytes Memory. 3. (1) 128 KBytes CMOS Memory $5,660.00• • (1) 128 KBytes EDAC Memory $4,665.00• (1) 2S6 KBytes CMOS Memory $6,160.00 (1) 256 KBytes EDAC Memory $4,815.00 4 • Westrex Printer No Charge S. UPC Scanner (1) Metrologic MS- 260 Mini -Slot $1,69S.009 (1) Handiscan Hand -Held $1,850,00 6 . (1) Alpha- numeric customer pole display $ 295.00 7 . (1) 920s Ans- R -Tran Adapter $ 895.00 8 . 54 Key Key Pad No Charge 9• Error Beeper No Charge 10. Journal Tape Exhaust No Charge 11. Back -up Battery No Charge 12. Validation Capability No Charge 13. Internal Cooling Fan No Charge 14. AXZ, PVR Keylock No Charge g RETAIL DATA SYSTEMS OF MINNESOTA, INC., 5614 WEST 36th ST., MINNEAPOLIS, MN 55416 (612) 920-8191�� A Subsrdwry of Data Systems, Inc. Page 2 May 5, 1988 SERVICES INCLUDED 1, 2, 3, 4, S, and 6 provided at no additional charge beyond the investment for the equipment as described on the previous page. QUANTITY, DELIVERY, AND TERMS 1, 2, and 3 will be agreed to as stated. DISCOUNT SCHEDULE The following discount will be applicable for a period of 2 years. QUANTITY PURCHASED o DISCOUNT 0 - 9 Oo 10 24 2% • 25 - 49 4% 50 and above 60 The discount will be retroactive. For example, if 6 units are purchased initially, no discount will be given. If the next purchase order is for 4 units, a 2% discount will be given on the 2nd order, plus a 20 credit memo will be issued for the original 6 unit order. MISCELLANEOUS For stores which have more than 2 registers it is possible to install a satellite or slave register. This terminal will need a minimal amount of memory. The investment would be as follows: (1) DTS SSS Satellite $41,165.00 Page 3 May S, 1988 We thank you for this opportunity and look forward to working with you, your personnel, and the various munici- palities involved in this project in the implementation of a system we may all share a mutual sense of pride in. Sincerely, Gary Steve s GS /mn • f_ 21.5. 10 Rev. Date: April 18, 1988 To: Executive Committee From: Ted Willard( -� r Subject: Resolution Approving Publication of Bid Request for ECR Introduction The purpose of this memo is to recommend adoption of the attached resolution authorizing the publication of bids for electronic cash registers to be used in municipal liquor stores. Background The liquor inventory control system operated by LOGIS for its members is designed around the concept of nightly polling electronic cash registers at the liquor stores. These machines serve as point -of -sale data collection devices and store information pertaining to product description, pricing and sales. In the polling process the sales and pricing data are downloaded from the cash register memory to the central computer. The sales data is then loaded to the LICS database, and the appropriate reports can be produced. The polling program was specifically designed for the machines purchased, a DTS 550. In addition, the communication equipment, the register installation, the register programming and the operator training procedures were all designed around the DTS550 machines. Discussion Each manufacturer's electronic cash register has substantially different characteristics. Therefore, changing to a different manufacturer would require investment of another round of labor to design, develop and test new programs for the computer, new programs for the cash registers, and new training procedures. In addition, clerk productivity and productivity of LOGIS staff personnel would drop during a transition period. All registers in use are five to eight years old, have become costly to maintain, and are not adaptable to product scanning for automated data entry. Thus, the users have decided to change to the next model of the DTS line, Model 555. Other machines were examined, including NCR, to determine if substantial pricing or performance improvements were available which might warrant opening the bid process for other machines. The conclusion of the users was that justification for change did not exist. Accordingly, adoption of the attached resolution is recommended. The resolution specifies DTS Model 555 registers, in a quantity from 6 to 30 over a two year period. TLW:pg Attachment Member introduced the following resolution and moved its adoption: LOGIS EXECUTIVE COMMITTEE RESOLUTION NUMBER 215.11 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ELECTRONIC CASH REGISTERS WHEREAS, LOGIS is an agency organized pursuant to Minnesota Statutes for the purpose of providing management information services to its members and others, and; WHEREAS, LOGIS has developed, operated and maintained a computerized liquor inventory control system for those of its members operating municipal liquor stores, and; WHEREAS, a feature of said system of critical importance to its successful operation is control of pricing and inventory through the collection of sales data at the liquor store cash registers, and the automated transfer of such data to the city's central computer system for further use, and; WHEREAS, the system presently operated was designed for use with Data Terminal Systems, Incorporated model DTS550 electronic cash registers and related models of the 500 series, and; WHEREAS, converting the system for use with electronic cash registers produced by other vendors would require members using the liquor inventory control system to incur substantial investment of staff time and city funds to conduct a detailed analysis of all significant differences between the present DTS550 machines and competitive models, and to reflect all such differences by modifying, testing and implementing affected computer programming, communications and operating methods, user and system documentation, retraining computer center staff personnel and store personnel, and other related expenses, and; WHEREAS, members have determined that it is in the best interests of the respective cities that present model DTS500 electronic cash registers be replaced with current generation model DTS550 machines which are compatible with the model DTS500 with respect to computer programming, operating procedures and the like, but which have additional capabilities and improved reliability reflecting current state -of- the -art in electronic cash registers, and; WHEREAS, after examining pricing and capabilities of several competitive electronic cash registers currently available, member and computer center technical staff have concluded that alternative models are not available possessing sufficient advantages to warrant the extensive changes required for their use in conjunction with the LOGIS computer systems; NOW, THEREFORE, BE IT RESOLVED BY THE EXECUTIVE COMMITTEE OF LOGIS that the attached specifications for purchase of from five to forty DATACHECKER /DTS Model 555 electronic cash registers are approved and the Executive Director of LOGIS is authorized to publish requests for bid to purchase said cash registers as required by LOGIS members. The foregoing resolution was seconded by member and upon a vote being taken thereon, none voted against the same, whereupon the resolution was declared duly passed and adopted. Date President, LOGIS ATTEST: Secretary- Treasurer SPECIFICATIONS FOR THE PURCHASE OF DATACHECKER /DTS MODEL 555 ELECTRONIC CASH REGISTERS April 29, 1988 Background Information LOGIS is an association of Minnesota municipalities, organized p ursuant to Minnesota Statutes, Section 471.59 (the Minnesota joint powers act) for the purpose of providing data processing facilities and management information systems for its members. Services provided by LOGIS include the operation and maintenance of an on -line liquor inventory control system for those members who operate municipal liquor stores. The system maintains continuous inventory records and provides users with a variety of reports and controls oriented to the needs of municipal operators. Accuracy and currency of the system depends on the use of point -of -sale devices at the store to capture sales data and record merchandise pricing. At the close of each business day a master terminal in the store is polled, and the sales activity for the day is downloaded to the central HP 3000 computer system. The polling process and computerized reporting structure, along with in -store operating procedures have been designed around the use of DTS Model 550 electronic cash register /terminals located at the liquor stores. The purpose of this specification is to define the requirements for replacement terminals. General Requirements 1. Terminals must be capable of operating in a single or multiple terminal environment. 2. In a single terminal environment, the master terminal must have full file capability and communications. The term "full file capability" shall be construed as to mean the terminal possesses the capability to store both a 5 -digit user defined price lookup number and a 10 -digit Uniform Product Code for each item of inventory up to the maximum number of inventory items specified for the memory configuration, as well as the inventory quantity and the sales price for each item. Communications capability shall be construed as to mean the ability to auto - answer a telephone ring signal and automatically establish IBM RSE 3270 bisynchronous communications protocol at 2400 baud, with automatic transfer of specified register files either upstream or downstream, using ASCII character code. 3. In a double terminal environment one of the terminals must be a master terminal with full file capability and communications, while the second terminal must be a backup master with full file capability. 4. In an environment with three, four, or more terminals, one terminal must be a master with full file capability and communications while the second terminal will be a backup master with full file capability. The additional units will be satellite terminals with 16 KBYTES CMOS memory for the base program and non - resetable control totals. Specific Requirements 1. All terminals supplied shall be Datachecker /DTS Model 555 electronic cash registers. 2. All terminals shall be equipped with 16 KBYTES CMOS memory for the base program and non - resetable control totals. 3. Options for expanded memory shall be available as follows: a) 128 KBYTES CMOS memory for up to 2500 inventory items. b) 128 KBYTES EDAC memory for up to 2500 inventory items. c) 256 KBYTES CMOS memory for more than 2500 inventory items. d) 256 KBYTES EDAC memory for more than 2500 inventory items. 4. Westrex printer, 2.7 lines per second. 5. UPC Scanner options as follows: a) Metrologic MS 260 Mini -slot with interface. b) Handiscan hand held laser scanner with interface. 6. Alpha- numeric customer pole display. 7. Model 920 S ANS- R -Tran synchronous communications adapter. 8. 54 key keypad. 9. Error beeper. 10. Journal tape exhaust protection. 11. Backup battery for memory protection for 12 hours minimum. 12. Validation capability. 13. Integral cooling fan. 14. AXZ, PVR keylock. Services Included The following services shall be included or available at user option with specified pricing: I. Installation of all equipment. 2. Registers are to be. programmed to specifications supplied by store managers. 3. Training for managers and cashier. 4. Technical support services for computer /register communications and upload /download file transfer to be provided until initial registers are fully operational and communicating with HP 3000 computer. 5. Ninety day on -site warranty. 6. On -site maintenance service available through qualified . local service technicians. Quantity, Delivery and Terms 1. Registers may be purchased in groups of one to many over a period of two years. Total quantity is expected to be in the range of five to forty registers, in various configurations. 2. Initial delivery of a minimum of four registers shall be within six weeks of the placement of a purchase order following award of the bid. 3. Net, 30 days following acceptance of the registers by the user. Bid Submittal All bids to be sealed, and marked as follows: LOGIS 2700 Freeway Boulevard, Suite 300 Brooklyn Center, MN 55430 ELECTRONIC CASH REGISTER BID Attention: Executive Director i Delivery of bid to LOGIS must be no later than 2:00 p.m., May 9, 1988. Bids must include pricing for master terminals, slave terminals, and all options described above, and shall state any applicable discount schedules. To: Liquor Inventory Control System Users From: Ted Willard Date: May 9, 1988 Subject: Electronic Cash Register Bid Response Introduction The purpose of this memo is to transmit the respone to our request for bids on electronic cash registers as replacements for machines currently in use in city liquor stores. Background The LICS user group requested upgrade of the LICS system to provide for UPC scanning, and to provide capability to upload /download pricing information. These capabilities will require replacement of the electronic cash registers presently used as point of sale devices. Present machines are DTS Model 550 machines provided by Retail Data Systems. System considerations, as well as user requirements for storage, training, equipment compatibility and related issues led to the conclusion that the replacement equipment must be fully compatible with the present equipment. Therefore, the determination was made by the user group that DTS Model 555 machines should be specified. Discussion The cost and volume of cash register /point of sale machines to be purchased fall under the statutory requirements for formal bidding. Accordingly, bid specifications were prepared, a bid notice was published, and bids were received. One response to the bid was received; Retail Data Systems bid the Datachecker /DTS Model 555 electronic cash register with appropriate options for display, communications, memory, and UPC scanners. The bid response is attached herewith for your evaluation and review. The decision process involves recommendation by the users to the Executive Committee, which will then take action accepting the bid. Please plan to attend a meeting at LOGIS for purpose of recommending acceptance of the bid at 9:00 a.m., this Friday, May 13, 1988. We must have a quorum of users (three of the five users) to act on the matter. Therefore, you are urged to attend the meeting,whether or not you intend to replace any registers at this time. Enclosed for your information are the resolution authorizing bids, bid specifications, publication affidavit, and the response from RDS. gM Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR RISK MANAGEMENT CONSULTING SERVICES WHEREAS, American Risk Services, Inc. has presented a proposal to the City of Brooklyn Center to provide risk management consulting services for a one year period beginning June 1, 1988 at an annual cost of $4,800; and WHEREAS, the City Manager has recommended the acceptance of the proposal because it could result in increased risk protection and insurance cost savings to the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to enter into an agreement with American Risk Services, Inc. to provide risk management consulting services for the City of Brooklyn Center for a one year period beginning June 1, 1988 at an annual cost of $4,800. BE IT FURTHER RESOLVED that the cost be paid from the Unallocated Departmental Expenses General Liability Insurance Account. 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. (UUDMEMO) DEPARTMENT OF FINANCE TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: May 19, 1988 SUBJECT: Risk Management Consulting Services Proposal The attached resolution, if adopted by the City Council, will authorize the Mayor and the City Manager to enter into an agreement with American Risk Services, Inc. to provide risk management consulting services for the City for -a one year period beginning June 1, 1988 at a cost of $4,800. American Risk is the consulting firm that did a risk management audit for the City in 1987. I realize that the oral presentation of that report to the City Council by a representative of the firm was not received with a lot of enthusiam by the Council. As I look back on that presentation, and after speaking to others who were in attendance at the meeting that evening, I have come to the conclusion that, in his attempt to "sell" the Council, the firm's representative instead gave the impression that he was being critical of the City's insurance program. I spoke to him after the meeting, and he indicated that he had in no way intended to be critical. After again reviewing the written report, I could find nothing critical in it and, in fact, I found it to very constructive and I have used it many times since to resolve risk management problems: Among the many constructive things that came out of the study were the following: - The assurrance that an outside party (other then the agent) had thoroughly reviewed our insurance policies to make certain that we had what we thought we had. A complete reviewal of our contracts with others to make certain that we transferred all of the risks to others that we could and, if we could not transfer them by contract, we had coverage under the insurance - A physical inspection of our facilities to see that they were both properly covered by insurance and to find ways to reduce the risks to those facilities. - Suggestions for reducing the cost of our insurance coverage and increasing our insurance protection. - Meetings with our department heads and supervisors to impress upon them the need for careful risk management. The reviewal of our insurance policies resulted in correcting some omissions and clarifying other coverages. (May 19, 1988 Memorandum to G.G. Splinter from P.W. Holmlund Continued) I see many advantages to entering into a continuing consulting agreement for risk management. Among these, in addition to those listed above, are: - In the absence of a full -time risk manager (which is becoming more common in local governments), someone to seek advice from when day -to -day technical questions concerning insurance coverages need to be addressed. Often, these questions cannot be answered satisfactorily by the agent, and the insurer's underwriter' answer could be self serving. An independent reviewal of our current policy as renewed on January 1, 1988. Changes have been made to the policy, both because of our requests and changes instigated by the insurer because of legislative changes or to improve the policy. It is easy to lose coverages through these changes without us being aware of it. An independent reviewal of future contracts entered into by the City to ensure that the City has adequately protected its interests. This is needed in addition to the City Attorney's reviewal, since the attorney's office cannot be expected to be an expert in the insurance and /or risk management field. - A periodic independent reviewal of City facilities to ensure that exposures to risks are not developing (i.e., poor maintenance, poor housekeeping, etc.). The insurer also provides these service through its safety department, but another independent view is also needed. - As part of our effort to retain as little risk as possible for the City and to transfer as much of that risk as possible to others, it would be desirable to have a consultant to review each certificate of insurance as it is presented to the City to make sure that the other party has all of the insurance coverages that we require through our contract. - I would ask the consultant to review our current commission arrangement with our agent of record for our insurance policies to see if the City would better be served by negotiating a flat fee for services. I believe that there is a potential for savings there that would be greater then the annual amount that we would be paying the consultant. - I would expect the consultant to be a part of our soon to be organized "Safety Committee" and give us professional advice. In this capacity, he could coordinate our loss prevention activities. - I would expect the consultant to review our current insurance coverages to see if we could make better use of deductibles. The use of higher deductibles could result in a considerable premiums savings to the City. The consultant could better advise the City staff as to when the use of deductibles would be advantageous to the City. The initial proposal from American Risk was for a one year contract that would pay them $800 per month for their services. I met with them last week and, after reviewal of the work that they had already done for us which has built a considerable file of information that will assist them in their continuing counsel, they agreed to reduce our cost to $400 per month by only billing us every other month. The contract still reads $800 per month, but they have written a supplemental letter to assure us that we will be billed every other month. I have attached that letter to the contract. (May 19, 1988 Memorandum to G.G. Splinter from P.W. Holmlund Continued) 0 In conclusion, it is my recommendation that we enter into the agreement with American Risk Services, Inc. for risk management consulting services. I am convinced that the $4,800 that we will pay will be more then repaid by added protection and in insurance savings. St. Louis Park has been using American Risk for several years as continuing counsel and are well satisfied with their services. They are convinced that they have made considerable insurance cost savings by this relationship. American Risk Services also seems to have the respect of LMCIT, our present insurance carrier. I have attached the resolution along with the proposal and contract. Paul W. Holmlund Risk Management Consultants Northwest Business Campus American Risk Services, Inc. 3033 Campus Drive Suite A 418 Minneapolis, MN 55441 -2620 (612) 559 -7300 RISK MANAGEMENT CONSULTING AGREEMENT Client hereby retains risk management consulting services upon the following terms: 1. Nature and Term of Service The Consultants will provide risk management consulting services to the Client designated below as set forth and is subject to termination hereinafter provided. 2. Duties of Consultants Consultants will thoroughly review and familiarize themselves with the Client's operations, Client's projects, loss prevention, and will review risk management procedures and insurance contracts currently in force and will perform the services as needed as per the proposal dated March 7, 1988. 3. Consulting Fee. The 12 month Continuing Counsel Service fee shall be $9,600 as agreed by both parties. The payment schedule will be as follows: $800.00 deposit at time of contract date; $800.00 per month for 11 consecutive months, due and payable on the 1st day of each month commencing April— -, 1988. 4. Termination This agreement may be terminated at will by consultant by giving the Client thirty (30) days notice in writing. The fee will be prorated based on completion of the project from date of termination. AMERICAN. ISK SERVI ES, INC. CITY OF BROOKLYN CENTER By G !/ By ark T. F aten (Title) President (Title) Date: 2 Date: AA:7:33 Risk Management Consultants Northwest Business Campus AA American Risk Services, Inc. 3033 Campus Drive Suite A 418 Minneapolis, MN 55441 -2620 May 13, 1988 (612) 559 -7300 Mr. Paul W. Holmlund Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Risk Management Consulting Service Proposal Dear Paul: In confirmation of our May 12, 1988 discussion, to assist in the presentation of our proposal to the Council we will make the following offer: Since we have already completed a substantial amount of work in our research for our audit, we would be willing to bill the $800.00 per month service fee on an "every other month" basis for the first year. This would reduct the first year's annual fee to $4,800. We do not desire to change the actual wording on our proposal and contract to give the misunderstanding that our fee is only $400.00 per month, as this is merely the first year concession. I hope this information is self - explanatory and look forward to working with you and the.City of Brooklyn Center. ;8 , ` R. Simacek Vice President 101:4 Risk Management Consultants Northwest Business Campus M4 American Risk Services, Inc. 3033 Campus Drive Suite A 418 Minneapolis, MN 55441 -2620 March 7, 1988 (612) 559 -7300 Mr. Paul W. Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Risk Management Consulting Services Proposal Risk Management Agreement Dear Mr. Holmlund: Enclosed is the Risk Management Consulting Services Proposal for continuing counsel service. The services you requested are outlined in the proposal. The fee American Risk Services, Inc. services developed is a result of the information you provided us and the quotation is valid through May 1, 1988. As stated in the proposal, American Risk Services, Inc. has set aside time to provide the services you require beginning April 1, 1988. I have also enclosed two copies of an Agreement between the City of Brooklyn Center and American Risk Services, Inc. for your signature. Please retain one copy for your files and return one copy to me. We look forward to working with you and serving the City of Brooklyn Center. Si c ly, a T. Flaten President Enclosure 007:68 American Risk Services, Inc. March 7, 1988 Mr. Paul W. Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Risk Management Consulting Services Dear Mr. Holmlund: American Risk Services, Inc. (ARS) is pleased to submit this proposal for risk management services. We are not affiliated or aligned with any agent, insurance company or provider; consequently, we can assess The City of Brooklyn Center's Property and Casualty Program objectively and represent you in an unbiased manner. We propose to provide Continuing Counsel Services. CONTINUING COUNSEL SERVICE Risk management services can be provided on an ongoing basis. Our continuing Counsel Service provides for updating the Risk Management Audit completed by American Risk Services, Inc. on July 1, 1987 as well as other specialized services, as needed (e.g., Specifications and Remarketing). Clients without a full -time Risk Manager, as well as clients who want to supplement their own internal expertise, can benefit greatly from the continuing services of our staff. The following is a representative list of services provided to our Continuing Counsel Service clients: o Risk Management Audit Recommendation Implementation o Specifications and Remarketing o Develop a List of Service Requirements. Negotiate a Fee - For - Service Contract for Agent, where appropriate. o Claim Management 0 Coordinate Loss Prevention Activities .A American Risk Sen ;ces, inc. M _ r. Paul W. Holmlund -2 March 7, 1988 City of Brooklyn Center Our professional staff will assist you in managing your Property and Casualty risk management and insurance programs on a day -to -day, as needed basis. I. Risk Management Audit A. Objective The goal of risk management is the preservation of the assets and stability of the entity, which can become impaired by a number of physical perils as well as by legal liabilities. Our risk management audit includes identifying and quantifying the risks of the City of Brooklyn Center, as well as analyses of and recommendations to your current risk management /insurance program. Upon completion of the audit, your program can be fine -tuned to respond predictably to losses. In addition, you will be more knowledgeable of the risk management/ insurance function, and specifically how to best finance the risks and how to most efficiently utilize the services of your insurance agent and carriers. B. Scope and Methodology Identification. Every entity is exposed to potential losses which can adversely affect its strength and stability. Some of the exposures are obvious, such as fire, wind, and hail damage to buildings, and employee injuries and liability. However, less obvious exposures can have a devastating effect on your financial status. Identifying the exposures is a key phase, albeit a difficult process because of the multitude of risk potentials. No single identification method will cause all exposures to surface; therefore, we rely on several methods. Our audit process begins with you and our consultants completing a questionnaire, which has a two -fold purpose. First, it provides us with an overview of the City of Brooklyn Center, and second, it prompts meaningful dialogue, which serves to bring other exposures to the surface. Other exposures can be derived from: o list of properties and appraisals o values and types of past losses o financial statements o insurance policies with endorsements 0 other contracts (i.e. purchase order, leases and other agreements) o manufacturing flow diagrams o touring your facilities 0 meeting with your key personnel American Risk Services, Inc. Mr. Paul W. Holmlund -3- March 7, 1988 City of Brooklyn Center Quantifying the Risk Once the risks have been identified, we would proceed to estimate the potential losses associated with those risks. We will estimate the projected frequency and severity of losses based upon design and industry standards as well as incorporating subjective factors that will affect future claims experience. These subjective factors include changes in your operation and long -range planning goals. From the statistical measurements we will quantify and investigate various funding methods, including self - funding possibilities, and the reasonableness of deductibles. Evaluation This phase involves an evaluation of the methods you are currently using to treat your risks, to which we will comment and provide recommendations for change if appropriate. Initially we will address those risks which are currently untreated which may not have been considered a risk prior to the identification phase. For each risk we will review your current risk treatment and risk financing techniques. Risk treatment encompasses avoidance, control, transfer and contingency planning. Important issues include: - Is the City of Brooklyn Center engaging in activities for which the risk outweighs the benefits? - Is the degree of loss control adequate? Can it be improved? - Are emergency or disaster recovery plans in effect if buildings or equipment are damaged? - Is the City of Brooklyn Center prepared for the loss of key personnel? - Can the activity be modified to minimize the risk? - Can the risk be transferred, via a hold - harmless agreement? For those risks which cannot be treated appropriately with avoidance, control, or transfer strategies, risk financing will be considered. Risk financing involves retentions (funded and unfunded) and insurance (deductibles, excess, cash flow plans, etc.) Salient issues are: - Would retentions or higher deductibles be cost effective? - Are existing policy limits adequate or excessive? - Are claims being handled effectively? i A - American Risk Services, Inc. Mr. Paul W. Holmlund -4- March 7, 1988 City of Brooklyn Center - Is the City of Brooklyn Center taking full advantage of risk financing plans which provide cash flow benefits? - Do the insurance policies contain any gaps or overlaps? - Are there any deficiencies in the policy language? - Are the classification codes for rating purposes accurate? - Is the agent /insurer providing adequate services? For each risk we will develop the best treatment, considering the financial position and the risk attitudes of City of Brooklyn Center. C. BENEFITS Selected benefits you can expect are: - You will be more aware of the specific operations of the City of Brooklyn Center and the risk inherent in your industry. - You will be more familiar with alternative funding mechanisms and statistical measuring procedures. - You will be better equipped to utilize the services of your agent and carriers. - Your understanding of the workings of the insurance marketplace will be enhanced. - Top management will be more aware of the risk management function. SPECIFICATIONS AND REMARKETING American Risk Services will develop insurance program specifications as a product of information gained from the Risk Management Audit and discussions with you concerning the City of Brooklyn status and plans. The written specifications will detail the required insurance program in a form understandable to the insurance community. The specifications will cause the agents /brokers and carriers to provide options such as coverage, deductibles, retention limits and services. Each bidder /carrier will be required to provide specimen policies for our review. Agent /broker bids will be ranked for policy provisions, policy costs, insurance services, and the insurer's financial status. Analysis of this is information, in conjunction with the agent /broker's presentation of the program, will result in a recommendation to you. American Risk Services, Inc. Mr. Paul W. Holmlund -5- 5 March 7, 1988 City of Brooklyn Center SCHEDULE We have set aside sufficient time in our schedule to provide the services you require, beginning April 1, 1988. FEE The following service option has been developed as a result of information provided to us; the quotation is valid through May 1, 1988. Continuing Counsel Service $800.00 per month for 12 consecutive months $9,600 Expenses for any travel, at your direction, outside the seven county metropolitan area, will be billed extra, at actual cost. American Risk Services' clients have benefited substantially from our services. The financial implications due directly to our audit procedures were in the specific areas of comparisons of funding arrangements, claims handling, specifications and loss treatment activities. Thank you for your interest. We would be pleased to have the opportunity to serve City of Brooklyn Center. Respectfully submitted, t ICA Ri SK S RV NC., i" Mar T. Flaten President P1:1 q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROPRIATING PROCEEDS OF TH 252 RIGHT -OF -WAY CONDEMNATION AWARD TO THE CAPITAL PROJECTS FUND WHEREAS, The City of Brooklyn Center received a condemnation award, in the amount of $188,130.03, for the Minnesota Department of Transportation taking of Parcels 29 and 29A for TH 252 right -of -way; and WHEREAS, the City Attorney's office has informed the City Council that the period during which other parties can appeal the award has expired and that the Council may now use the proceeds for public purposes; and WHEREAS, the City Council established the Capital Projects Fund in 1968 by the adoption of Resolution No. 68 -246 to provide funds, and account for the expenditure of such funds, for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and or to reduce debt incurred for capital outlays. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center to appropriate the proceeds of the condemnation award, in the amount of $188,130.03, to the Capital Projects Fund to be placed in the Unappropriated Fund Balance, to be held there until appropriated by the City Council for a specific project. Date ____ --- _._ Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. (ADMEMO) �otoyNC DEPARTMENT OF FINANCE . We.,u-WW TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: May 17, 1988 SUBJECT: Resolution to Appropriate Proceeds of State Land Taking The attached resolution, if adopted by the City Council, will appropriate $188,130.03, the proceeds of the condemnation award for City property for TH 252, to the Capital Projects Fund Uanppropriated Fund Balance. It will remain their until the City Council further appropriates it to a specific project. These funds were received on April 20, 1987 from the State and have been held in an interest bearing escrow account since. We initially placed the funds in the escrow account pending an appeal by the State of the award. On June 9, 1987, we were informed by the City Attorney's Office that the appeal period had expired and that "it is highly unlikely that the award to Brooklyn Center will be.reversed and you may now spend the proceeds ". We have continued to hold the award in escrow in the "unlikely' event that the award would be reversed. It would seem safe that, after this length of time, it would be safe to appropriate the funds to Capital Projects. I have attached copies of the correspondence received from the City Attorney's Office concerning the award. , ea, w Paul W. Holmlurid, Director LeFevere Lefler 1\erilleClv O'Brien Drawz a Professional Association 2000 First Bank Place West Minneapolis June 9 1987 Minnesota 55402 , Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Clayton L. LeFevere Mr Sy Knapp Herbert P. Lefler J. Dennis O'Brien Director of Public Works John E. Drawz City of Brooklyn Center David J. Kennedy 6301 Shingle Creek Parkway Joseph E. Hamilton B Center MN 55430 John B. Dean y � Glenn E. Purdue Richard J.Schieffer RE: MNDOT Condemnation for TH252 (CD -1928 and 1929) . Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Dear Mr. Knapp: Thomas R. Galt John Nolan The period during which other parties can appeal from John G. Kressel P g P p Steven B. Schmidt Judge Neville's Order awarding the City of Brooklyn es M.Strommen Center MNDOT's appraisals of value for parcels 29 and 29A m P. Jordan H. Batty in the above- referenced condemnation action has now m William R. Skallerud expired. You may now spend the proceeds with the Rodney D. Anderson assurance that it is highly unlikely that the award to Corrine A. Heine David D. Beaudoin Bro Center will be reversed. Paul E. Rasmussen Steven M.Tallen If you have any questions, please give me a call. Mary Frances Skala Christopher J. Harristhal Timothy J.Pawlenty Very truly yours, Rolf A. Sponheim Julie A. Bergh LeFEVERE, LEFLER, KENNEDY, � & DRAWZ Rolf A. Sponheim RAS : cmt ��, 0007LT06M57 itJ�w. ��j..��J LeFevere Lefler 10 yenned% O'Brien k Drawz a Professional Association 2000 First Bank Place West April 20, 19 8 7 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Mr. Sy Knapp Telecopier (612) 333 -0540 Director of Public Works Clayton L. LeFevere City of Brooklyn Center Herbert P. Lefler 6301 Shingle Creek Parkwa J. Dennis O'Brien g Y John E. Drawz Brooklyn Center, MN 55430 David J. Kennedy Joseph E. Hamilton RE: MN DOT Condemnation for TH 252 (CD -1928 & 1929) John B. Dean Glenn E. Purdue Richard J. Schieffer Dear Sy: Charles L. LeFevere Herbert P. Lefler III James J. Thomson Jr. Enclosed is a Cashier's Check (No. 084558) issued by Thomas R. Galt First Bank Minneapolis, dated April 17, 1987, in the Dayle Nolan amount of $188,130.03, p ayable to the City of Brooklyn Brian F. Rice � � P Y Y n Y J hn G. Kressel Center. The check was issued by the Hennepin County :M.Strommen Court Administrator as a result of an order that we _.n P. Batty obtained from Judge Cara Lee Neville. Kurt J. Erickson William R. Skallerud The check represents MN DOT's approved appraisal of value Rodney D. Anderson Corrine A. Heine for Parcels 29 ($139,000.00) and 29A ($39,600.00) in the David D. Beaudoin above- referenced condemnation action, plus interest on Paul E. Rasmussen those amounts from June 4, 1986. Steven M. Tallen Mary F. Skala Christopher J. Harristhal You may recall that the above - referenced action was Timothy J. Pawlenty brought by MN DOT for TH 252 right -of -way purposes. The Rolf A. Sponheim City holds a tax deed to Parcels 29 and 29A and its claim to the condemnation proceeds rests on that deed. You should not make permanent plans for the proceeds until the appeal time on Judge Neville's order has expired (approximately the end of May). We are pleased to have been able to bring this matter to a successful conclusion. Much of the credit goes to Rolf Sponheim, who performed the required legal research and presented our case to Judge Neville. Mr. Sy Knapp April 20, 1987 Page 2 If you have questions, please call. Y urs very tm Joh E. Drawz JED: b Enclosure cc: Richard J. Schieffer Charles L. LeFevere i CITY OF BROOKLYN CENTER MONETARY DEPOSITS RECEIVED BY AUTHORITY GRANTED IN CHAPTER 10 OF CITY ORDI ?IANCES Received from " r-A Aaerf1 C,pV rt Amount $ 1��3 ©' o 's Date Received_ A;M 1 L 2,0 19S7 Check (Number) SS % Cash Purpose f n N fl bT (_' � � 2 r H 'Asa �Co - ►g �.g �- � 9 �9 C TJ t9E HeLO Tom! ESCe -aW yn/ T,L A�p T i M E L C a.rr't A c - F - C A F e iL. M4 - 7 3 S 1 g 9 7 Date Deposited to Investment Trust Fund (�� L a ) 19 % DISPOSITION OF DEPOSIT Date Paid Out To Authoritv Amount Balance 19_ $ $ 19 $ $ CITY OF BROOKLYN CENTER _ 7 414 19 OFFICIAL RECEIPT of Date �0 2 � �, Received � rc. ���� -f i A? -&� cQ �� c-Qr ^ � Qrc� - DOLLARS S ! 03/ For / O sa FUND ACCOUiv7 K AMO T •w-j T 's'- u IF // City C.leik. _ V rJ.J 1`�3 90 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPPOSING THE RELOCATION OF HENNEPIN COUNTY JURY TRIALS FROM SUBURBAN DIVISIONS TO THE HENNEPIN COUNTY GOVERNMENT CENTER WHEREAS, the City Council has been advised that the Executive Committee of the Hennepin County Bench has made a recommendation to move all jury trials from suburban divisions to the Hennepin County Government Center; and WHEREAS, such recommendation is proposed to be presented to the entire bench on June 6, 1988; and WHEREAS, the City staff has evaluated the impact of such a proposal on the City; and WHEREAS, the Council has determined that the proposal would have the effect of increasing the cost to the city of law enforcement, including such expenses as regular and overtime pay, transportation, and legal fees; requiring additional manpower and vehicles; and inconveniencing the citizens of the city, including not only criminal defendants but witnesses and victims of crime as well; and WHEREAS, Minnesota Statutes, Chapter 488A, was intended to make the justice system more accessible to residents of the suburbs and to save tax dollars, which purposes would be frustrated by the proposal; and WHEREAS, the proposal is inconsistent with Minnesota Statutes, Section 488A.01, Subds.'9 and 13. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. That the Council wishes to state for the record its firm opposition to the relocation of court functions from suburban locations to the Hennepin County Government Center. 2. The City Manager is directed to transmit a copy of this resolution to the Chief Judge and to the Court Administrator of the Hennepin County District Court. 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. MEMORANDUM TO: Gerald Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: May 19, 1988 SUBJECT: Downtown Jury Trials The Brooklyn Center Police Administration must go on record, at this time, as being totally opposed to the transfer or alteration in any way of the regularly scheduled jury trials held in the District Court facility at Brookdale to the Government Center in downtown Minneapolis. The reasons for the opposition to this proposed change are as follows: The change in venue would increase the length of standby times and court times proportionately, as well as creating a new cost and new problems in arranging proper parking facilities for multiple officers attending court. These would translate into increased costs borne by the city with a decrease in convenience simply to move the trials. The Police Department experience, at this time, is approximately 170 jury trials set annually. This figure is increased to as many as three to four hundred scheduled trial dates due to the fact that conflicts with attorneys, defendants, witnesses, and to a smaller degree, officers, creates multiple scheduling dates for the same trial to be heard. Jury trials are currently set for two days each week for Brooklyn Center and four or five trials, on most occasions, are set for each of these jury trial days. This creates a standby list of officers who are all waiting at their phones to hear whether their trial will be heard on a given day or another trial will proceed and their trial will be cancelled and rescheduled for a future date. With each trial requiring one to four officers, when you schedule four or five trials on the same day, you have as many as 15 officers on -call on any given court date, with as few as four or five if only a single officer is needed for each trial. With the trials set for downtown Minneapolis, it creates another link in the communications chain to the department to notify officers which trials are going and which trials are cancelled Memorandum May 19, 1988 Page 2 and will, therefore, lengthen the amount of time that officers will remain on standby and will, therefore, increase the city calls for this Union mandated paid standby time. When a trial is set to go on a given day, it would create another problem for the Police Department since most officers live within a one -half hour radius of the city of Brooklyn Center and the Police Department. It will lengthen the amount of time it will take officers to respond to court if they have to go downtown. This will increase the court time costs to the city since the travel time will have to be included in the court time and will add another one -half to one hour just for transportation for each officer for each trial date. Once the officers reach downtown, there is a problem with a lack of available parking spaces in the immediate area of the Government Center that are available for a person during the midday times that the trial would be starting up after jury selection. This will probably necessitate officers all coming to the Police Department and joining together to ride downtown to minimize the number of parking spaces needed for a given trial or given trial date. These parking problems are further compounded by holiday seasons such as the two months prior to Christmas and the month prior to Easter. Also inclement weather conditions such as are found in the state of Minnesota for four to five months out of every year cause more people to drive vehicles and, therefore, there are even fewer parking spaces available in the immediate vicinity of the Government Center. This doubling up of officers going to court will create a further problem in that no one will then be able to leave the court until the last officer has completed his testimony and, therefore, there will be increased lengths of actual court time for each officer and increased costs to the city. This would also create the possibility of it becoming necessary for the city to lease on a monthly basis parking stalls in a lot or ramp in the vicinity of the Government Center so that officers can be assured that there will be a place to park when they get down there and they won't have to drive up and down streets attempting to find Memorandum May 19, 1988 Page 3 somewhere to park a vehicle. By using an extremely conservative formula of adding only one hour to each officer's travel time for court, times 170 trials, times $25.00 per hour overtime rate, times two officers, we find it would increase court costs $8,500. It is felt that the actual cost would be closer to double that figure or $17,000. If this change is successful, the next step would be to move court trials downtown which would have a far greater impact since court trials are far more prevalent in misdemeanor cases. In summary, it is felt for the Police Department of the City of Brooklyn Center the proposed shifting of jury trials to the Government Center would create many negatives in the scheduling of officers for court and the length of time that officers would have to be on -call or on -duty for court and the problem of obtaining parking in the vicinity of the downtown court would all translate to greatly increased costs for prosecution for the Brooklyn Center Police Department and impact negatively on the annual budget. Member introduced the following resolution and qp moved its adoption: RESOLUTION NO. RESOLUTION AFFIRMING THE DECISION OF THE DIRECTOR OF PLANNING AND INSPECTION WITH RESPECT TO THE APPEAL OF LAPEPINIERE MONTESSORI ACADEMY; PLANNING COMMISSION APPLICATION NO. 88003 WHEREAS, the LaPepiniere Montessori Academy (the Appellant) wishes to submit an application for a special use permit for the operation of a group day care facility on property located at the Palmer Lake Plaza on Shingle Creek Parkway, which is located in an I -1 zone of the City; • and WHEREAS, the Director of Planning and Inspection has determined that a group day care facility is not an authorized use by special use permit in an I -1 zone, and WHEREAS, the Appellant has appealed the determination of the Director of Planning and Inspection; and WHEREAS, on April 14, 1988, following a hearing, the Planning Commission recommended that the determination of the Director of Planning and Inspection be affirmed; and WHEREAS, on April 25, 1988, the City Council considered the appeal, after giving the Appellant a full and fair opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Findings of Fact, Conclusions and Order be, and hereby are, adopted: FINDINGS OF FACT 1. The property at which the Appellant seeks to operate a group day care facility is located in an I -1 zone of the City. 2. Group day care facilities, which are defined in Code Section 35 -900, are allowed by the City Code in certain zones of the City, such as residential zones, C1 zones, and C2 zones. 3. Under the zoning regulations pertaining to I -1 zones, "educational uses" are allowed by special use permit. 4. The Appellant asserts that "educational uses" should be interpreted to include group day care facilities. 5. The City has not previously allowed, by special use permit or otherwise, the operation of group day care facilities in I -1 zones of the City. 6. Children at group day care facilities are particularly vulnerable and in need of protection. Additionally, they commonly spend long periods of time during each day at the facility. Neither of these factors ordinarily apply in other uses, such as dance schools, which have been regarded as "educational uses" by the City Council in the past. RESOLUTION NO. 7. Certain uses which are permitted in an I -1 zone of the City can provide an environment which is not suitable for young children. Some of the permitted uses in an I -1 zone may generate noise, dust, fumes and vibrations, and may present additional hazards of fire, explosion, or other accidents. Such uses do not provide a suitable environment for the daily care of small children. CONCLUSIONS 1. The proposed use is as a group day care facility. 2. Group day care facilities are not "educational uses" within the meaning of Section 35- 330.3f of the City Code. 3. Group day care facilities are neither permitted uses nor authorized special uses in I -1 zones of the City. ORDER Based on the foregoing, it is ordered that the decision of the Director of Planning and Inspection that group day care facilities are not permitted or authorized special uses in I -1 zones of the City is hereby affirmed in all respects. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 5/23/88 ' Agenda Item Number ae REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING ADDENDUM NO. 2 TO CONTRACT 1988 -H TO PROVIDE FOR DELETING THE TRAIL ALONG TH 100. DEPT. APP VAL• * * * * * * * * * * * * *N ** * DIRE* OR OF PUBLIC WOR * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached yes On February 8, 1988, the City Council adopted a resolution accepting the City Engineer's report calling for a public hearing to be held regarding the proposed • improvement of France, Lakebreeze, and 50th Avenues North. On March 14, 1988, the City Council held a public hearing regarding the proposed improvement of France, Lakebreeze, and 50th Avenues North. On March 28, 1988, the City Council adopted Resolution No. 88 -47 approving plans and specifications and authorizing advertisement for bids. On May 9, 1988, the City Council adopted Resolution No. 88 -66 approving Addendum No. 1 to the contract providing for replacement of sanitary sewer on Lakebreeze Avenue. The plans should be modified in accordance with the attached memorandum. Recommendation It is recommended the City Council approve the attached resolution which would approve Addendum No. 2 and provides for deleting the trail along TH 100 if necessary. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ADDENDUM NO. 2 TO CONTRACT 1988 -H TO PROVIDE FOR DELETING THE TRAIL ALONG TH 100 WHEREAS, the City Council on March 28, 1988, adopted Resolution No. 88 -47 approving plans and specifications for Contract 1988 -H; and WHEREAS, the City Council on May 9, 1988, adopted Resolution No. 88 -66 approving Addendum No. 1; and WHEREAS, the City Engineer has prepared Addendum No. 2 to the plans and specifications for Contract 1988 -H providing for deleting *he trail along TH 100. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that Addendum No. 2 to the plans and specifications for Contract 1988 -H is hereby approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I CITY 6301 SHINGLE CREEK PARKWAY . OF B:ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp FROM: H. R. Spurrier DATE: May 19, 1988 RE: France Avenue and Logan Avenue Area Projects Improvement Project No. 1988 -04, 1988 -05, 1988 -06, and 1988 -07 Contract 1988 -H It is necessary to issue a second addendum to the France Avenue and Logan Avenue Area Projects. The City applied of a permit from the Minnesota Department of Transportation (MnDOT) to install the trail along TH 100 between Lions Park and 57th Avenue North. In reviewing the permit, MnDOT discovered that the specific right -of -way had been acquired with Federal money and was "controlled access ". There is a process by which the "controlled access" can be modified. The process may take up to 60 days. Even after the delay it is possible that the Federal rules will preclude the use of the right -of -way for trail. The second addendum gives the City the right to delay or remove any trail's segment from the contract without penalty or damages. The estimated cost of the project elements that would be removed total $84,000. It is recommended that City Council approve the attached resolution approving Addendum No. 2 to Contract 1988 -H to provide for deletion of the trail along TH 100. Resp ctfully submitted, Appro d for submittal, v R. Sp rier 11 Sy Jpp City Engi eer Diror of Public Works w, 4'k- nl 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the Chief of Brooklyn Center Volunteer Fire Department has reported that an air rescue bag and extension ladder have been damanged beyond repair and that there are no funds appropriated for their replacement; and WHEREAS, cost of replacement is $1,300. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1988 General Fund Budget as follows: Increase the Appropriations for the following line items: Fire Protection Unit No. 32 Other Equipment Account No. 4552 $1,300 Decrease the Appropriations for the following line items: Unallocated Departmental Expenses Contingency Account No. 4995 $1,300 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. • TO: JERRY SPLINTER CITY MANAGER FROM: RON BOMAN FIRE CHIEF SUBJECT: REPLACEMENT OF EQUIPMENT BROKEN AT FIRES DATE: MAY 10, 1988 l ' Fi t One of our Maxi Force Air Rescue bag has a broken air inlet valve the cost of repairing the bag exceeds the cost I could replace it for. I do not feel we can wait until 1989 budget time to replace it, as it is the largest of our air bag set capable of lifting 5 �)i'�,,to 15 tons, this is the main part of the air bag lifting systems and renders the other pretty much useless without it. We have used this bag at a number of rescues at car accident scenes. AI �/_ The second item I need replaced is our 28 foot extension ladder which was broken during a training drill on Saturday May 7, the wind toppled the ladder over when it was against the wall at the east station 65th and Dupont, fortunately no one was on the ladder. As this ladder is the main stay at most of our house and apartment fires and the only ladder we carry on engine 6 I am recommending we replace it as soon as possiable. The total cost for the 2 items will e g 11 x485.00 for the air ba SAJ #aa.S.00 for tbz Z% 'foot eat +ens)" !addev. CITY OF BROOKLYN CENTER A Notice is hereby given that a public 'nearing will be held on the 23rd day of May , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding restaurant space allowed in shopping centers. 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 RESTAURANT SPACE ALLOWED IN SHOPPING CENTERS 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 as follows: Section 35 -704. MINIMUM PARKING SPACES REQUIRED. 2. Commerce (Retail and Service /Office) c. Other retail stores or centers and financial institutions: Eleven spaces for the first 1,000 square feet of gross floor area or fraction thereof; eight spaces for each 1,000 square feet of gross floor area in excess of 1,000 square feet, but not exceeding 15,000 square feet; six spaces for each 1,000 square feet of gross floor area in excess of 15,000 square feet, but not exceeding 30,000 square feet; 5.5 spaces for each 1,000 square feet of gross floor area exceeding 30,000 square feet. In multitenant retail centers, no additional parking spaces beyond those required by the retail formula shall be required of restaurant uses which altogether occupy not more than [10 %] 15% of the gross floor area of the center. The parking formula for eating and drinking establishments shall apply proportionately to the seats and employees occupying space in the center over and above [10 %] 15% of the gross floor area. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of P Y , 1988. Mayor ATTEST: Clerk Date Published Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER council Meeting Date 5 -23 -88 Agenda Item Number 4 =' REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING SECTION 11 -106 OF THE BROOKLYN CENTER CODE OF ORDINANCES, AUTHORIZING THE SALE OF BEER WITH AN ALCOHOL CONTENT IN EXCESS OF 3.2 PERCENT TO HOLDERS OF BOTH WINE AND BEER LICENSES AN ORDINANCE AMENDING SECTION 11 -602, SUBDIVISION 2A, OF THE BROOKLYN CENTER CODE OF ORDINANCES, TO CHANGE THE PERCENT OF REVENUE DERIVED FROM THE SERVING OF FOOD FOR ON -SALE WINE LICENSES DEPT. APP OVAL: Administrative Aid Signature - title 47 12 MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached At the April 25, 1988, City Council meeting, two ordinance amendments were included with the information pertaining to Yen Ching Restaurant. Both amendments are necessary because of changes in the state statute. The first amendment would allow both on -sale wine and beer licenses to sell beer with an alcohol content in excess of 3.2 percent. The second amendment changes the percentage of food and liquor sales from 50% to 60% food sales. These amendments were included in the April 25, 1988, agenda packet and intended for a first reading but were overlooked at the meeting. RECOMMENDATION Recommend approval of first reading for both ordinance amendments. The public hearing and second reading would be held on June 13, 1988. • /0b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 19_, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 regarding the sale of beer with an alcohol content in excess of 3.2 percent to holders of both wine and beer licenses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 11 -106 OF THE BROOKLYN CENTER CODE OF ORDINANCES, AUTHORIZING THE SALE OF BEER WITH AN ALCOHOL CONTENT IN EXCESS OF 3.2 PERCENT TO HOLDERS OF BOTH WINE AND BEER LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 11 -106. GRANTING OF LICENSE. Subdivision 4. Licensed premises who are granted both on -sale wine and on -sale nonintoxicated malt liquor licenses by the City Council are authorized to sell beer with an alcohol content in excess of 3.2 percent Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) /06 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19_, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 regarding changing the percent of revenue derived from the serving of food for on -sale wine licenses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 11 -602, SUBDIVISION 2A, OF THE BROOKLYN CENTER CODE OF ORDINANCES, TO CHANGE THE PERCENT OF REVENUE DERIVED FROM THE SERVING OF FOOD FOR ON -SALE WINE LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 11 -602. LICENSE REQUIRED. 2. "On -sale wine" licenses shall be granted only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods. Only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises, in conjunction with the sale of food shall be permitted. a. for wine licenses, the term "significant part" means [50 %] 60% or more of the applicable revenue derived from the serving of food. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) ll MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: May 19, 1988 SUBJECT: Temporary On -Sale Intoxicating Liquor License For St. Alphonsus Fun Fair An application has been received from St. Alphonsus Catholic Church for a temporary on -sale intoxicating liquor license which is being requested to sell beer and wine at their annual fun fair on July 29, 30, and 31, 1988. St. Alphonsus received this license last year and the police department had no problems with their handling of it. The police department recommends issuance of the license to St. Alphonsus Church. I Licenses to be approved by the City Council on May 23, 1988: AMUSEMENT DEVICE - VENDOR B & K Music & Sales 133 Spring Valley Circle ° Carousel International Corp. P. 0. Box 307 City Clerk FOOD ESTABLISHMENT Brooklyn Center Babe Ruth Evergreen Park Brooklyn Center Babe Ruth Grandview Park � �f�! J. C. Penney 1265 Brookdale Center Sanitarian�� ITINERANT FOOD ESTABLISHMENT Blue Bell Ice Cream, Inc. Earle Brown Days Parade Brooklyn Center Fire Department Central Park Brooklyn Center Lioness Central Park Brooklyn Center Parks & Rec. Dept. Earle Brown Days Parade Brooklyn Center Parks & Rec. Dept. Central Park Brooklyn Swim Club Community Center Earle Brown Days, Inc. Earle Brown Days Parade Betsy Medley Earle Brown Days Parade Northern Concessions, Inc. Earle Brown Days Parade .J Tami Schons & Pam Cooremann Earle Brown Days Parade • {/' • Sanitarian �y� MECHANICAL SYSTEMS ` �✓, Wencl Service Company 3702 East Lake Street ��•(, C�1 1L Building Official nL RENTAL DWELLINGS Initial: Dennis J. Bona 5207 Xerxes Ave. N. Renewal: Bennie Rozman Brookdale Ten Apartments Brookdale Towers 6915, 25 Humboldt Ave. N. Brookwood Estates 6201 North Lilac Drive Brookwood Manor 6125 North Lilac Drive Earle Brown Farm Apts. 1701, 03, 05, 07 69th Ave. N. Victoria Townhouses 6740 -6861 Grimes Place Pat & Hal Gensler 5214 Greatview Avenue North Thomas Dunlap /Kristie Sward 5814 Ewing Avenue North Gregory Collins 1600 Irving Lane Dale & Rose Ketelboeter 4207 Lakeside Ave. N. #338 Timothy and Wendy Romashko 3300 64th Ave. N. Diane and Eugene Wright 4408 69th Ave. N. V •�� �(��v�2 Director of Planning and Inspection SIGN HANGER Cragg, Inc. 7150 Madison Ave. W. Nordquist Sign Company, Inc. 312 West Lake Street t.� �l � � Building Official SWIMMING POOL Holiday Inn 2200 Freeway Boulevard I ,y7f( Sanitarian GENERAL APP D. K. Weeks, City Clerk