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1987 02-23 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER FEBRUARY 23, 1987 7:00 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 Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. 'Approval of Minutes - February 9, 1987 - Regular Session 7. Mayoral Appointment: *a. Housing Commission 8. Resolutions: a. Approving n P Supplemental P g . A Agreement Relating ing to Installations of Storm Sewer through g Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase II; Contract 1986 -C) -This supplemental agreement covers additional work items required as a result of changed conditions encountered during - installation of the storm sewer. b. Approving Change Order Relating to the Rehabilitation of the Existing Pedestrian Bridge at the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase I; Contract 1986 -C) -This change order covers a revision of plan details which have been determined to be necessary in order to assure adequate structural design of this bridge. C. Approving Change Order Relating to Construction of a Maintenance Garage at the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase I; Contract 1986 -C) -This change order provides for the installation of a 3 -stall garage in lieu of a 2- stall garage provided for by the contract. I i CITY COUNCIL AGENDA -2- February 23, 1987 *d. Establishing Improvement Project No. 1987 -05 (Community Center Improvements) and Approving Agreement to Provide Professional Services Relating Thereto -The proposed project includes remodeling and redecorating the Social Hall and lobby area, tuck pointing deteriorated areas on the exterior walls and re- roofing and insulation of the roof of the Community Center. Funds for this project have been appropriated in the 1987 Community Center Division budget, and from the Capital Projects fund. City staff recommends approval of the proposal for professional services as submitted by Carlson Mjorud Architecture Ltd. *e. Establishing Improvement Project No. 1987 -07 (Heating System Improvement at Municipal Service Garage) and Approving Agreement to Provide Engineering Services Relating Thereto -The proposed project provides for replacement of the heating system which serves the repair shop area of the City Garage with a radiant heating system. Funds for this project are included in the 1987 Government Buildings Division budget. City staff recommends approval of the proposal for engineering services as submitted by Oftedal, Locke, Broadston and Associates, Inc. *f. Accepting City Engineer's Report, Approving Plans and Specifications and Ordering Advertisement for Bids for Improvement Project No. 1987 -03, Contract 1987 -E (Installation of Water Main from Lions Park to the Intersection of County Road 10 and Shingle Creek Parkway -This project is being coordinated with the proposed redevelopment of the easterly portion of the Brookdale Shopping Center site. *g. Accepting Quote and Authorizing the Purchase of Turnout Gear for the Fire Department h. Awarding the Sale of $1,200,000 General Obligation Improvement Refunding Bonds, Series 1987A; Providing for the Form and Specifications Thereof; Providing for Their Payment; Providing for the Escrowing and Investment of the Proceeds Thereof; and Providing for the Redemption of Bonds Refunded Thereby 9. Ordinance: a. Amending the City Charter Relating to the Terms of the Mayor and Members of the City Council, Implementing the City Charter -This item is offered this evening for a first reading. CITY COUNCIL AGENDA -3- February 23, 1987 b. Amending Chapter 35 Regarding the Planning Commission -The amendment allows the City Council to define by resolution the duties and responsibilities of the Planning Commission, rather than by ordinance. This action is an effort to standardize the resolutions governing the City Council's advisory commissions. This item is offered this evening for a first reading. 10. Authorize the Mayor and City Manager to Execute a Contract with Law Enforcement Labor Services Local No. 82 -This agreement covers the period January 1, 1986 through December 31, 1987. a. Resolution Amending the 1987 Employee Position and Classification Plan 11. Discussion Items: a. Diseased Shade Tree Removal Procedures and Specifications for 1987 Project -City staff has recommended several procedural options for consideration by the City Council. Following a review and discussion of the staff report, it is recommended that the City Council take the following action: 1. Adoption of a motion directing City staff to prepare a resolution relating to diseased shade tree removal procedures; and 2. Resolution Establishing Improvement Project No. 1987 -06 (Diseased Shade Tree Removal), Approving Plans and Specifications Therefore and Ordering Advertisement for Bids (Contract 1987 -D) b. MNDOT Plans for Milling and Resurfing of T.H. 100 from South City Limits to 50th Avenue North - MNDOT has scheduled this project for bid letting on April 24, 1987 with work to start on or before July 6, 1987 and with completion in 15 working days. Contract specifications will require much of the work to be done during night -time hours and on week ends so as to minimize the disruption to traffic. No formal action by the City is required. C. MNDOT Plans for Revisions to the Traffic Management System Serving I -94 and I -94/I -694 - MNDOT has scheduled this project for bid letting on April 24, 1987. City staff will be prepared to discuss the project in detail at the Council meeting. No formal action by the City is required. *12. Licenses 13. Adjournment 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 FEBRUARY 9, 1987 CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 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 Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Dave Kennedy, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Dean Nyquist. OPEN FORUM Mayor Nyquist recognized Henry Wos, 5510 Lyndale Avenue North, who stated his home had been damaged during the 1985 construction project of Lyndale Avenue North between 53rd and 57th Avenues North. He noted that he has six cracks in his foundation that were not there before the construction project and that his driveway does not drain into the street as it should. He added that the appraiser from the City had been out, and his market value has been lowered $4,000. Mr. Wos stated that he had been informed that the City would not pay Northdale Construction until all property damage claims had been taken care of, however, nothing has been resolved on his home yet. He added that Northdale Construction has stated the foundation cracks were not caused by their equipment. The City Manager stated that he was sure that this particular incident had been put on the contractor's list for insurance purposes, but that he would check on it again. He stated that he would further investigate the matter and contact Mr. Wos with his findings by the end of the week. He noted he would forward copies to the Council also. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. No requests were made. RESOLUTION NO. 87 -29 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -B (POLICE DEPARTMENT REMODELING IMPROVEMENT PROJECT NO. 1986 -02) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 2 -9 -87 _1_ RESOLUTION NO. 87 -30 Member Gene Lhotka introduced the following esolution and moved g o ed its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmembe r Scott to approve the following list of licenses: CIGARETTE LICENSE Duke's Standard 6501 Humboldt Avenue N. Minnesota Vikings Food Service, Inc. 5200 West 74th Street Ryan Construction 6200 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT LICENSE Orchard Lane PTA /Dawn Kiefer 6218 Kyle Avenue N. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Ford 2500 County Road 10 NONPERISHABLE VENDING MACHINE LICENSE Canteen Company of MN, Inc. 6200 Penn Avenue S. FMC 1800 Freeway Boulevard Medtronics 6700 Shingle Creek Pkwy. Canteen Corporation 1091 Pierce Butler Route Hoffman Engineering 6350 James Avenue N. Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 North Lilac Drive Minnesota Vikings Food Service, Inc. 5200 West 74th Street Ryan Construction 6200 Shingle Creek Pkwy. Northern States Power 4501 68th Avenue North Service America Corporation 7490 Central Avenue NE Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Creek Pkwy. Twin City Vending Co., Inc. 1065 East Highway 36 Builders Square 3600 63rd Avenue N. Group Health Inc. P 6845 Lee Avenue N. Sears Brookdale Center PERISHABLE VENDING MACHINE LICENSE Canteen Company of MN, Inc. 6300 Penn Avenue S. FMC 1800 Freeway Blvd. Medtronics 6700 Shingle Creek Pkwy. Canteen Corporation 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. Hoffman Engineering g g 6350 James Avenue. N. Minnesota Vikings Food Service, Inc. 5200 West 74th Street Ryan Construction 6200 Shingle Creek Pkwy. Service America Corporation 7490 Central Avenue NE 2 -9 -87 -2- Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Creek Pkwy. Twin City Vending Co., Inc. 1065 East Highway 36 Builders Square 3600 63rd Avenue N. Earle Brown Farm Ind. Park 6100 Summit Drive Sears Brookdale Center POOL AND BILLIARD TABLE LICENSE Lynbrook Bowl 6357 North Lilac Drive READILY PERISHABLE FOOD VEHICLE LICENSE Tombstone Pizza Corp. P.O. Box 7000 SPECIAL FOOD HANDLING LICENSE Best Products Co., Inc. 5925 Earle Brown Drive Fun Services, Inc. 3615 59th Avenue N. Maid of Scandinavia Co. 3244 Raleigh Avenue Total Petroleum, Inc. 6830 Brooklyn Boulevard The motion passed unanimously. APPROVAL OF MINUTES JANUARY 26 1987 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of January 26, 1987 as submitted. The motion passed. Mayor Nyquist abstained from voting as he was not present at the January 26, 1987 City Council meeting. DISCUSSION ITEMS MAYOR AND COUNCIL TERM EXTENSIONS UNDER 1986 CHARTER AMENDMENT The City Manager briefly reviewed the alternatives for implementation of the 1986 Charter Amendment and the staff's recommendation on this implementation. He stated that Dave Kennedy, from the City Attorney's office, was present this evening to answer any questions the Council may have. Councilmember Theis stated that he was still bothered by the fact that the method of term extensions had not been fully examined before the amendment was put before the voters. The City Manager apologized for not having looked into this matter closer, but noted that the end results would be the same. Mayor Nyquist noted that the Charter Amendment had actually changed two things. One being, the length of terms and the second being, the even year elections. Mr. Kennedy noted that each alternative is perfectly legal, and added that by preparing an ordinance amendment for passage the City's position would be more easily defended if challenged in court. Mayor Nyquist recognized Mr. Phil Cohen who stated the Charter Commission had assumed that the Council would automatically take care of the term extensions. He noted that if this had been examined more carefully the public would have known exactly what they were voting for on election day. There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist directing staff to prepare a draft ordinance amendment setting forth the term 2 -9 -87 -3- extensions under the 1986 Charter Amendment. The motion passed with Councilmember Theis opposed. PRELIMINARY DISCUSSION ON REDEVELOPMENT POLICY The HRA Coordinator stated that in the coming years the City will be required to take a more active role in the development and /or redevelopment within certain areas of the City. He briefly reviewed each of the eight sites and discussed some of the pros and cons of redevelopment of these areas. The HRA Coordinator stated that he had been looking into the possibility of the City working towards the Star City designation. He noted that this is a State program and that the Chamber of Commerce is very interested in this program. He stated that the program provides a good framework for economic planning, and that the most important feature of the program is business retention. He noted that the City could design programs to keep businesses within the City instead of replacing those businesses which have moved. He added that the City has already completed approximately one -half of the tasks required for the Star City program. He noted that one of the largest drawbacks of the Star City program is the very structured formation of committees. He stated that it has been the staff's experience that these types of committees do not always work best for Brooklyn Center. The City Manager stated that staff has met with the Chamber of Commerce and would like to proceed with the planning process,_ but use the City's current committee structures. He added that the City may still qualify for the Star City designation even though the City would use its own committee structure. ORDINANCE The City Manager introduced An Ordinance Amending Chapters 1, 5, 7, 8, 12, 21, 23 and 34 Regarding Various License Fees. He noted this item was first read on January 12, 1987, published in the City's official newspaper on January 22, 1987, 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 Chapters 1, 5, 7, 8, 12, 21, 23 and 34 Regarding Various License Fees. Mayor Nyquist inquired if there was anyone present in the audience 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 Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapters 1, 5, 7, 8, 12, 21, 23 and 34 Regarding Various License Fees. The motion passed unanimously. ORDINANCE NO. 87 -01 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 1, 1 5, 7, 8, 12, 21, 23 AND 34 REGARDING VARIOUS LICENSE FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -31 2 -9 -87 -4- Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A SCHEDULE FOR VARIOUS LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -32 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NQ. 86 -123 REGARDING THE SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86045 SUBMITTED BY CROWN COCO INC. REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A CONVENIENCE STORE /GAS STATION ON THE OLD ARTHUR TREACHER'S SITE AT 6100 BROOKLYN BOULEVARD AND PLANNING COMMISSION APPLICATION NO. 86046 SUBMITTED BY CROWN COCO INC. REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW A 10' REAR YARD BUILDING SETBACK RATHER THAN THE 40' REQUIRED BY ORDINANCE AND PLANNING COMMISSION APPLICATION NO. 86047 SUBMITTED BY CROWN COCO INC. REQUESTING A VARIANCE FROM SECTION 35-704 OF THE ZONING ORDINANCE TO ALLOW FEWER THAN THE REQUIRED NUMBER OF PARKING STALLS FOR THE CONVENIENCE STORE /GAS STATION PROPOSED UNDER APPLICATION NO. 86045 The City Manager noted that these three items were recommended for denial by the Planning Commission at its January 29, 1987 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages one through five of the January 29, 1987 Planning Commission minutes, and the attached informational sheets with those minutes pertaining to these applications. He proceeded to review Application No. 86045 and noted that it had first been considered on December 11, 1986. He noted that the item had been tabled at this time and that the applicant had submitted new plans in order to withdraw the application for variances. He went on to briefly review the new plans submitted for this site. He stated that there are six existing driveways, including the one at Arthur Treacher's serving four commercial sites. He noted that by adding an additional driveway for Crown Coco, Inc. would only add to the congestion on Brooklyn Boulevard in this area. He stated that staff believes that with redevelopment should come an improvement in the area not a worse situation than what is already existing. The Director of Planning & Inspection went on to review the Planning Commission 2 -9 -87 _5_ recommendations regarding Application Nos. 86045, 86046 and 86047. He noted that a public hearing had been scheduled this evening for all three items and that notices have been sent. A brief discussion then ensued relative to the congestion in the area and the confusion that these driveways sometimes cause. Councilmember Scott stated that she would like to have information regarding the number of rear end accidents in the area, and the City Manager stated he would have the police department check into this. Mayor Nyquist inquired if there were any estimates for the number of cars per day using this site. The Director of Planning & Inspection stated that he did not have any estimates for the site, but noted that there are 20 to 30 thousand cars traveling along Brooklyn Boulevard daily. Councilmember Theis inquired if there would be any possibility of sharing an access with the north or south property owners. The Director of Planning & Inspection stated that there would be a problem with the south property owner because of the zoning difference, and that the north property owners has its parking area along the property line. RECESS The Brooklyn Center City Council recessed at 8:38 p.m. and reconvened at 8:53 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 86045, 86046, and 86047 submitted by Crown Coco, Inc. Mayor Nyquist recognized John Finley, attorney for the applicant, who briefly reviewed the original plan submitted by Crown Coco, Inc. Councilmember Hawes returned to the table at 8 :55 p.m. Mr. Finley reviewed the rear setbacks for the adjoining properties, and noted that the Amoco station has a 14' rear setback and the apartment garages have a 17' rear setback. He noted that by redesigning the building and its placement on the site the need for the two variances were eliminated. He added that all changes that had been recommended by staff and the Planning Commission at the December 11, 1986 meeting have been included in this new plan and he felt Crown Coco, Inc. has accommodated all of the Planning Commission concerns. Mr. Finley then presented the Council with a letter from John Sarna, member of the Commerce and Economic Development Committee for the State of Minnesota. Mayor Nyquist inquired how many cars would be using the site daily. It was noted that there would most likely be 70 to 80 customers per hour. Mayor Nyquist noted that he would like to make one comment regarding the position which Hennepin County has taken on the matter. He noted that when Hennepin County first reviewed this application their decision was consistent with the City's policy. He stated that according to the County's second decision, it appears they do not know what they are doing or else they submitted to political pressure. Mayor Nyquist recognized Martyn Bialke, of 6036 Ewing Avenue North. He stated that he felt the development of this site as proposed by the Crown representatives would cause more noise, there would be motor bikes and a younger crowd at the site causing disruption and noise 24 hours a day. He added that he 2 -9 -87 -6- could see no benefit to the City by allowing this development. Councilmember Theis inquired if it would be possible to do a traffic analysis in the area and how long it would take. The City Manager stated that it would take two to three weeks for a basic traffic analysis and a cost of approximately $3,000. He added that the Council has 30 days from tonight in which to act on this item. Councilmember Scott stated that she is more concerned with the traffic on Brooklyn Boulevard than she is within the site. She noted that she feels this is too intense usage for the site considering the situation on Brooklyn Boulevard. The City Manager reminded the Council that if it is their intention to deny the application, they should direct staff to prepare a resolution for denial. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Planning Commission Application Nos. 86045, 86046 and 86047. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka directing staff to prepare a resolution recommending denial of Planning Commission Application No. 86045 citing the reasons set forth by the Planning Commission at its January 29, 1987 meeting. Councilmember Hawes stated that he believes in all fairness to the applicant and the City a traffic survey should be completed to prove to the applicant that this use would be too intense for the site. There was a motion by Councilmember Hawes to table action on Planning Commission Application No. 86045 to allow time for completion of a traffic analysis in the area. The motion died for lack of a second. Upon vote being taken on the motion directing staff to prepare a resolution the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott and Theis. Voting against: g Councilmember r Hawes • The motion passed. Mr. Finley stated that Planning Commission Application Nos. 86046 and 86047 would be withdrawn. BIENNIAL PLANNING MEETING The City Manager stated that he would like to merge the Comprehensive Guide Plan with the Year 2000 trends and issues. He stated that staff is currently reviewing the use of a facilitator and that a meeting has tentatively been scheduled for April. Mayor Nyquist stated that he would like the City Manager to avoid scheduling this meeting for the first Saturday in April. OTHER BUSINESS Councilmember Hawes stated that he wanted to clarify his position regarding Planning Commission Application No. 86045. He stated that he was not in favor of the development of a service station in that area, but felt that it would be to the City and the applicant's benefit to have a traffic analysis done in the area. He added that he felt the traffic analysis would be helpful in the event of a lawsuit. Councilmember Lhotka stated that if the City hired a consultant and the applicant hired a consultant there would be two differing opinions and a 2 -9 -87 -7- lawsuit could result either way. Councilmember Scott stated that she also feels there is a need for a traffic study along Brooklyn Boulevard, but she feels a thorough analysis should be done, not a two to three week job. Councilmember Theis stated that he would like the consideration of the Housing Commission member laid over until the February 23, 1987 meeting. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The Brooklyn Center City Council adjourned at 9:53 p.m. City Clerk Mayor 2 -9 -87 -8- APPLICATION 741 FOR APPOINTMENT TO THE BROOKLYN CENTER HOUSING COMMISSION Name Todd R. Paulson Address 3216 Poe Road, Brooklyn Center Telephone 561 -7 63 8 Occupation Law Clerk - Law Student Years lived in Brooklyn Center 21 years I am interested in serving on the Housing Commission as a representative of: the Northeast Neighborhood the Northwest Neighborhood X the Central Neighborhood the West Central Neighborhood the Southwest Neighborhood X at large representative I have read the Housing Commission Enabling Resolution (Resolution No. 77 -22), which defines the purpose, authority and responsibility of the Brooklyn Center Housing Commission and the Neighborhood Advisory Committees. Yes X No Comments The Enabing Resolution articu the problems and concerns which lead me to submit this applicatio I understand the importance of regular Commission /Committee meeting attendance and participation, and feel I have the time available to be an active participant. - Yes X No Comments I wish to devote some of m time and experience to community service Additional comments on my interest, experience, background, ideas, etc. Enclosed is a resume which outlines my education, experience and employment As a-28 year old who has lived here since kinderga -rgn T hype to offer a unique perspective to the ho si n Pd_ and changes of my hometown Febuary 5, 1987 v Signature Date Submit to: Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 s TODD R. PAULSON 3216 Poe Road Brooklyn Center, Minnesota 55429 (612) 561 -7638 or (612) 489 -8699 EDUCATION WILLIAM MITCHELL COLLEGE OF LAW - St. Paul, Minnesota Juris Doctor (January 1986) CAMBRIDGE UNIVERSITY, Downing College - Cambridge, England Courses in Trade, Common Market and Space Law (July 1986) RUSSIA /POLAND LAW PROGRAM - Moscow, Leningrad, Warsaw Courses in East -West Trade and Socialist Law (June 1986) UNIVERSITY OF MINNESOTA - Minneapolis, Minnesota Courses in Labor Law and Defamation (Summer 1985) HAMLINE UNIVERSITY - St. Paul, Minnesota Bachelor of Arts - Dean's List Recognition (May 1981) Majors: Political Science and Communication AMERICAN UNIVERSITY - Washington, D.C. College semester studying national government (Fall 1979) EXPERIENCE Law Clerk - WEINBLATT & DAVIS - Minneapolis, Minnesota (1986) • Researched election law regarding campaign financing violations • Wrote suit response brief and memoranda Law Clerk DOYLE & MICHALES - Minneapolis, Minnesota (1984 -1986) • Responsible for writing appellate briefs, research and writing legal memoranda, organizing files and trial exhibits, summarizing appellate court decisions, and general law clerk duties for law firm primarily practicing in criminal, family and personal injury law Certified Student Attorney - CIVIL LITIGATION CLINIC (Spring 1985) William Mitchell College of Law - St. Paul, Minnesota • Interviewed clients, wrote documents and represented clients in court and administrative hearings Property Manager - PROMISE, LTD - Minneapolis, Minnesota (1983 -1984) • Negotiated leases, collected rents, supervised maintenance, and represented interests in court ADDITIONAL Representative - Student Bar Association - William Mitchell College of Law EXPERIENCE • Elected to three separate terms (1982 -1985) Member - Student - Faculty Scholarship Committee William Mitchell College of Law • Appointed to two consecutive terms (1982 -1984) Intern - Rothstein - Buckley Consulting Firm - Washington, D.C. Resident Assistant - Hamline University Manager - District Campaign - Minnesota State Senate Intern - Minnesota State Senate ENDORSEMENTS References and writing samples available upon request 8� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT RELATING TO INSTALLATION OF STORM SEWER THROUGH CENTERBROOK GOLF COURSE (IMPROVEMENT PROJECT NO. 1985 -23, PHASE II: CONTRACT 1986 -C) WHEREAS, Resolution No. 86 -200 established the cost for the replacement storm sewer through Centerbrook Golf Course: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the Improvement Project No. 1985 -23, Phase III be amended as follows: 1. Proposed Supplemental Agreement to Contract 1986 -C to perform soil correction and to pay for mobilization costs at a total cost of $10,543.02 is hereby approved. 2. The City Manager is hereby authorized and directed to execute said Supplemental Agreement on behalf of the City of Brooklyn Center. 3. The estimated total cost of said improvement is hereby amended from $189,085 to $199,628.02. The estimated cost is to be comprised of the following: Construction Contract Supplemental Agreement No. 1 $164,615.00 Supplemental Agreement No. 2 5,600.00 Supplemental Agreement No. 3 10,543.02 Engineering Cost Design Engineering $ 5,700 Construction Supervision $13,170 (8% of Contract) Subtotal Engineering Costs 18.870.00 Estimated Total Cost $199,628.02 Less MNDOT Participation ($137.743.00) Net City Share $ 61,885.02 4. All costs for this project shall be charged to account 2611, the Restricted Reserve Fund Balance Account of the Municipal State Aid Street Fund. Date Mayor ATTEST: Clerk Resolution No. The motion for the adoption of the foregoing resolution was duly seconded by member ' and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY -0F :BROOK F BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: February 19, 1987 RE: T.H. 100 Storm Sewer /Centerbrook Golf Course Improvement Project No. 1985 -23, Phase II Attached is a Supplemental Agreement for the storm sewer construction through Centerbrook Golf Course. The Supplemental Agreement covers the cost of soil correction for the storm sewer. The major soil correction required for the project included the cost of replacing material under the last 75 feet of the outfall. Soil correction was not included in the original project because the contractor had excavated within 2 feet of the pipe for most of the pipe length and found excellent subgrade material. The exposed area was approximately 850 feet of the total 950 feet. The last 100 feet of the outfall was not tested. Soil tests were not taken because a stable pipe existed in the proposed alignment, another stable pipe was just 50 feet away and other soil tests in the vicinity indicated that good material sloped out to the outfall. Anticipated conditions were not encountered. The good material sloped more steeply as it neared the outfall. Once thos,. conditions were identified the contractor was ordered to stop work so that we could determine what modification was necessary to stabilize the subgrade so that work could resume. The stop work order was issued at 2:30 .m. December 15 1986. P , The soils engineer analized the conditions and at 10:00 a.m., December 16, 1986 a decision on how to stabilize the trench had been made and the contractor was ordered back to work. As a result of the delay, the contractor submitted a claim for additional cost related to personnel, equipment and dewatering. Those costs were reasonable and should be included in the Supplemental Agreement. The revised estimated cost of the project is detailed in the attached resolution. This Supplemental Agreement increases the net City share by $3,003.02. " roae ut•uua�u arc = �' It is recommended that City Council adopt the attached resolution, a "Resolution Approving Supplemental Agreement Relating to Installation of Storm Sewer Through Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase II; Contract 1986 -C)" Res ect y submitted, Approv d for submittal, H R. r Sy' app City ineer Director of Public Works HRS : j n �b Member introduced the following resolution and moved its adoption: i RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER RELATING TO THE REHABILITATION OF THE EXISTING PEDESTRIAN BRIDGE AT THE CENTERBROOK GOLF COURSE (IMPROVEMENT PROJECT NO. 1985 -23, PHASE I: CONTRACT 1986 -C) WHEREAS, the Director of Public Works has advised the City Council that the plans prepared for the rehabilitation of the existing pedestrian bridge at the Centerbrook Golf Course are structurally inadequate, and recommends that Contract 1986 -C be amended to provide for the rehabilitation of this bridge based on revised, structurally sound plans; and WHEREAS, the Director of Public Works has negotiated a proposed Change Order with Shafer Contracting Company, Inc. to rehabilitate said bridge on the basis of revised plans at a total cost of $30,843.75 in lieu of the contract price of $20,000 based on the old plans; i.e. an increase of $10,843.75; and WHEREAS, the City Council determines that it is necessary to provide a structurally adequate bridge at this location: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the Change Order to Contract 1986 -C, providing for the rehabilitation of the pedestrian bridge at a total cost of $30,843.75 in lieu of the $20,000 cost for the rehabilitation of this bridge based on the original plans is hereby approved. The Mayor and City Manager are hereby authorized and directed to execute said Change Order on behalf of 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 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: February 19, 1987 RE: Rehabilitation of Existing Pedestrian Bridge at the Centerbrook Golf Course One of the items included in the construction contract for the Centerbrook Golf Course is the rehabilitation of the old pedestrian bridge /water main bridge across Shingle Creek, approximately 300 feet south of T.H. 100. You will recall that the original purpose of this bridge was to provide a water main crossing over Shingle Creek and that the second purpose was to serve as a pedestrian bridge. The old pedestrian bridge was constructed with steel girders, a wood plank decking, and a wood railing. The wood railing was frequently damaged by vandalism and finally was removed about 8 to 10 years ago. The wood decking was in fair condition, but the bridge was too narrow and the grades on the bridge were too steep to provide proper service to allow this bridge to serve it future function as the connecting link between Green No. 9 of the golf course, which is now under construction, and the Clubhouse, which is now under construction. Accordingly, the contract for construction of the golf course includes a line item for the rehabilitation of this bridge. The plans on which that bid item is based were prepared by the Brooklyn Center Engineering Department several years prior to development of the current plans for the golf course, but were then "put on the shelf" during the early stages of discussion of golf course development. When detailed plans for construction of the balance of the golf course were developed, those previously developed plans for rehabilitation of this bridge were simply incorporated into the overall construction plan and the City's existing contract with Shafer Contracting, Inc. provides for rehabilitation of this bridge in accordance with those plans at a lump sum price of $20,000. The contract specifications require that, prior to fabrication of the new bridge deck and railing, the contractor must submit shop drawings showing details of the proposed construction and structural calculations indicating the adequacy of the bridge to support the loadings which will be applied to the bridge. In accordance with this requirement of the specifications the contractor and his supplier started development of shop drawings and structural calculations several months ago, then advised us that the basic plan on which the contract is based is inadequate structurally to carry the loads which will be applied. Subsequently, we asked the firm of Barr i.neering, Inc. to evaluate the plans for the bridge. Barr Engineering con 'm`e� I ke fabricators conclusion, 1 8 , '�' 19U U1-LWRKA C" = ~ February 19, 1987 Page 2 indicating that while the bridge was adequate to support the vertical loads which will be applied to the bridge, the basic design of the bridge would be inadequate to sustain overturning forces resulting from the impact of small vehicles (golf carts, maintenance equipment, etc.) which may hit the side of the bridge. We then requested Barr Engineering to work with the contractor and his fabricator to develop an economical, and structurally adequate, redesign for this bridge. We now have plans prepared and certified by Barr Engineering for the reconstruction of this bridge. Based on those plans, Shafer Contracting Company, Inc. is proposing to rehabilitate the bridge at a total cost of $30,843.75, i.e. an increase of $10,843.75 over the contract price. After reviewing the proposed price with Barr Engineering it is my opinion that this price is reasonable and fair. Accordingly, I recommend that the City Council approve a Change Order for this purpose. A resolution is attached for consideration by the City Council. Respe tfully submitted, Sy K app SK: jn U Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER RELATING TO CONSTRUCTION OF A MAINTENANCE GARAGE AT THE CENTERBROK GOLF COURSE IMPROVEMENT PROJECT NO 1985 -23 PHASE I: CONTRACT 1986 -C) WHEREAS, the City Council finds and determines that the operation and maintenance of the Centerbrook Golf Course will require the construction of a 24 foot by 36 foot maintenance garage in lieu of the 24 foot by 24 foot garage which is specified by the plans for Contract 1986 -C; and WHEREAS, the Director of Public Works has negotiated a proposed Change Order with Shafer Contracting Company, Inc. to construct a larger garage with additional appurtenances at a total cost of $10,141.50 in lieu of the current contract cost of $5,600: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the Change Order providing for the construction of a larger maintenance garage at a total cost of $10,141.50 in lieu of the specified garage at a cost of $5,600; i.e, an increase of $4,541.50 is hereby approved. The Mayor and City Manager are hereby authorized and directed to execute said Change Order on behalf of 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 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: February 19, 1987 RE: Maintenance Garage at Centerbrook Golf Course The City's existing contract with Shafer Contracting Company, Inc. for construction of Centerbrook Golf Course includes a line item for the construction of a 24 foot by 24 foot garage to serve as the storage location for the maintenance equipment which will be utilized in conjunction with the operation and maintenance of the Centerbrook Golf Course. The contract price for that garage is $5,600. During the past year it has become increasingly obvious that the size of the garage provided for by the contract is inadequate to provide storage for all of the equipment needed at the golf course. Detailed evaluation of those needs by Arnie Mavis, our Recreation Director, and by Dick Ploumen, our Public Works Superintendent, has indicated that we should be constructing a 3 stall garage instead of a 2 stall garage. Accordingly, we have requested Shafer Contracting Company, Inc. to give us a revised price for construction of the larger garage. Specifically we have g g g P y� asked for the construction of a 24 foot by 36 foot garage, which retains the double garage door originally specified in the 2 stall garage, but adds the third bay to be used as a storage area. In addition, we have asked for the installation of a an automatic overhead door operator with push button control from the inside and radio operated control from the outside. Shafer Contracting has proposed to construct this larger garage at a total cost of $10,141.50, i.e. an increase of $4,541.50. In m initial ana of this Y y proposed price I felt that the additional costs were higher than could be justified. However, subsequent discussions with Shafer Contracting and with George Watson of Brauer and Associates indicates that this cost is reasonable based on the consideration that, in addition to the larger building size and the furnishing of the automatic overhead door operator, this change will also necessitate regrading of the site for the garage, bringing in additional fill, providing compaction for that fill, making some changes in the perimeter fence in the building area, etc. February 19, 1987 Page 2 Accordingly, I recommend that the City Council approve a Change Order for this purpose. A resolution for consideration by the City Council is attached. Respectfully submitted, Syti, napp SK:jn Mn /DOT 2134(5 -78) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 1986-C No. 4 SUPPLEMENTAL AGREEMENT Sheet 1 of 1 tate Project No. Contractor Fed. Project S Shafer Contracting Company, Inc. City Project No. 1985 -23 A ddress Location Shafer, Minnesota 55074 Centerbrook Golf Course This contract is amended as follows: ood pop The following items shall be added to the Contract and shall be ° aid for at the . �A' 8 b � p prices listed: w „ Item #1: The maintenance garage shall be revised in location and size as indicated in the attached letter dated December look 10, 1986, and as shown on diagrams 'A' & 'B'. All Ag o electrical requirements as originally bid plus bbw electrical hook -up for the new garage door opener shall 3w be included M Mw0 Lump Sum Price for Item #1 ................ $4,387.50* yU . This amount shall be paid in addition r to the original Division XV Item #1 mob bid price. �yo Item #2: The six -foot security fence shall be lowered to a four -. foot height for the first ten feet away from both sides �� of the clubhouse. This would include two additional terminal posts, fabric, and appurtenances. This shall ;9 be installed as per the project specifications. w o .s ova 26e Lump Sum Price for Item #2 ................. $ 154.00 Q � a Pto.No. Account 1.D. Organization F.V. Requisition No. Vendor Number Type Terms Source S.Act. Task S. Task Cost, lob or Client Code Amount Suffix Object SEND TYPE OF TRANSACTION � I Entered by A40 A41 mate umber 0 F] n Entered by A44 6 Date Number APPROVED: Original Contract Commissioner of Administration Dated jokk /3 19 7 Appr d _ 7t roiect Engineer or Architect Dated 19 B Accepted by Contractor Dated Approved as to form and execution Dated 19 District Director Dated 19 Assistant Attorney General Appro by Ag ency Head t ,..t.,.t.l' �Itt�l'1'l�t •b•r. ;,. ,.... , �n "ern.rrnt• n:,.t t W1 "'!' "' r' r .l December 10, 1986 Mr. Brad Mattson Shafer Contracting Co., Inc. 7303 - 24th Avenue South Shafer, Minnesota 55074 Res Centerbrook Golf Course Brooklyn Center, M17 BSA Job X85 -31C Brads Enclosed ou will.find the revised garage plan and location Y 9 9 p drawings I mentioned to you this afternoon. The changes includes 1. Inclusion of specific door hardware 2. Inclusion of overhead door operator 3. Change in overall size 4. Inclusion of specific roof pitch and overhang 5. Change in building location The revised location will require additional fill, compaction, and Class #5 aggregate driveway. Fill placed under the slab will have to be compacted in .5 feet lifts as per Specification Section 2210- 3.07 -F, Specified Compaction Method. I have not been able to find a package garage that resembles this specific description, and it may not exist. The city would like you to provide them with a lump sum price for this change. BRAUER & ASSOCIATES LTD, ? I l George 11. Matson Vice President Enclosures ccs Sy Knapp '1 1 ,y` CEHTER B§OpK GOLF COUR B rookly n Ce0er -p 1 2/ 9I 8fi Revised. Garage Location - 7 Green Green #5 . , • Leo -7 * /; ,1 .. 4' Class-#5 ` . A � � � N o t q r Statf �� Scale_i'=30 V �. E. � 1n� r j �::�TH l L AC..M 20 Ujw I� . cs � Brauer & Associates Ltd. ?,_ CENTERBROOK GOLF COURSE Brooklyn Center,___Mn.--,i.21 j North !O REQUIREMENTS Maintenance Garage ( i Maintenance garage shall be a pre -cut 24 ft. x 36 with ft. frame -hip .zoom roof stru cture wi h reinforced concrete slab and 2' - 0" apron, 2" x 4" " studs - 16" 0.C. 2" x b" rafters - 16" / I x 92 -5/8 st • ( \ roof O.C., 2" x 6" wall ties - 48" O.C., 15 lbs. felt, self- sealing black fiberglass shingles, standard grade plywood roof and wall sheathing. 12" primed masonite- lap siding, boxed eaves, 3' -0" x 6' -8" steel service door with Schlage locks, I ?S1 Plymouth knob design, 5 pin interchangeable core \ - no glass, and an insulated, primed, masonite, double overhead garage door - no glass. Overhead I \ I ,� Door Operator shall be furnished and installed as — — r I follows . Draw bar type with emergency release. 120 \ volt single phase with two radio (remote) , control switches and one wired switch located near man door inside garage. �'• �•'. �'�`�� ��^% \ I ' Note: Door operator should be capable of ( '' auto reverse when the door meets an obstruction. • -' r The garage siding and trim shall be painted two •� ' (2) coats Cabot's O.V.T. Solid Color Stain. Color -- -- selection to be made at a later date. Shop I \ drawings shall be supplied for approval. N yl Bauer Associates W. 9 Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -05 (COMMUNITY CENTER IMPROVEMENTS) AND APPROVING AGREEMENT TO PROVIDE PROFESSIONAL SERVICES RELATING THERETO BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established and will be designated as Project No. 1987 -05: COMMUNITY CENTER IMPROVEMENTS. Said improvement shall include the redecorating and recarpeting of the Social Hall and of the Upper and Lower Lobbies, tuck pointing of deteriorated mortar joints on the exterior walls of the building, and reroofing and reinsulation of the roof of the building. 2. The accounting for this project will be done in the Community Center Division No. 66 of the General Fund. 3. The proposal submitted by Carlson Mjorud Architecture Ltd. to provide architectural and engineering services related to this improvement is hereby approved. Compensation for services rendered by the architect shall be based as follows: "Category 1" services shall be based on the hourly billing rates per the 1987 fee schedule included in the proposal. The total compensation for "Category 1" costs shall not exceed $14,000. "Category 2" services shall be compensated at the hourly billing rates per the 1987 fee schedule attached to the proposal. The Mayor and City Manager are hereby authorized and directed to execute said agreement on behalf of 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 followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN E r TELEPHONE 561 -5440 C NTREE EMERGENCY - POLICE - FIRE 911 T Gera d G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works, DATE: February 19, 1987 RE: Improvements to the Community Center The 1987 budget for the Community Center includes the following line items: Carpet Upper and Lower Lobbies $ 9,500 Paint Upper and Lower Lobbies 9,700 Paint Social Hall 6,250 Tuck Point Bad Mortar Joints 8.000 Total $34,450 In addition to these budgeted items, the City Council, on October 13, 1986, adopted Resolution No. 86 -173 which appropriated additional funds for following • improvements to the Community Center: Reroof and Insulate $135,000 Fill Social Hall Recessed area 15,000 Carpet Social Hall 10,000 Total $160,000 Accordingly, the total funds appropriated for Community Center improvements during 1987 is $194,450. During the past month a staff committee including Arnie Mavis, Brad Hoffman, and myself conducted a search for the architectural firm which we feel is best suited to design and supervise construction of this project. Our first step was to contact other cities in the metropolitan area and ask for their recommendations as to architectural firms who have expertise in the area of the design of municipal buildings. By this process we identified 9 potential firms. We then made additional contacts with people who had worked with those 9 firms and, after evaluating the comments received, we reduced the list of firms to be interviewed to 4. 0 0 4 Y February 19, 1987 Page 2 We then sent letters to the 4 finalists describing the type of work to be accomplished, the budget limitations, and requesting each of those 4 firms to submit to us a credentials proposal wherein they provided details regarding their firm, their general architectural experience and their specific experience in working with municipalities. After receiving these credentials proposals our committee then conducted interviews with each of the 4 firms and after evaluation of the credentials proposals and the results of the interview, our committee unanimously agreed that the firm of Carlson Mjorud Architecture Ltd. is the firm which is best qualified to design this project. Accordingly, we requested Carlson Mjorud to submit to us a proposal for their services. A copy of their fee proposal, along with a portion of their credentials proposal is attached for your information. In summary, the proposal provides a 2 category fee structure for the architectural services, i.e.: "Category 1 services include the architectural services through the initial schematic design phase, through the design development phase, through the construction documents phase and including the bidding or negotiation phase. Fees for services in this category would be based on the consultant's 1987 fee schedule but with a "not to exceed cost" of $14,000. "Category 2 services include all architectural services required during the construction phase of the project, specifically including review of shop drawings and contract administration. Fees for services provided under this category would be based on the consultant's 1987 fee schedule which is included in their proposal. Because the amount of work involved in this portion of the project is highly unpredictable and depends on numerous factors, including the experience and qualifications of the contract doing the work, and including the question of how the contract administration responsibility is shared between the consultant and the City, no limit has been placed on the total fees for services provided in this category. However, our ast experience xperience on similar projects indicates that these fees should total between 50% and 75% of the total fees for "Category 1" (i.e. $7,000 to $10,500). After reviewing this proposal is is my opinion that the fee structure proposed is a fair and equitable one, and I recommend that the City Council approve the proposal. If this work is authorized, it is proposed that the construction be scheduled during the early part of the summer, i.e. June, July and early August. The Park and Recreation Department is anticipating this schedule in their programming of activities which will occur in the Community Center this year. February 19, 1987 Page 3 Attached hereto is a resolution for consideration by the City Council. If this resolution is adopted the architects will be authorized to proceed with plans immediately and the completed plans and specifications will be submitted to the Council and reviewed with the Council in detail before proceeding with the bidding process. Respectfully submitted, �� S .4iapp SK: jn FEE PROPOSAL FOR i ii t+ 3 i7 CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 [_ ► / kWA e 1 k mA 1 , ► / AM Carlson Mjorud Architecture Ltd. 1000 Shelard Parkway Minneapolis, Minnesota 55426 kA 612 - 546 -3337 February '16, 1987 Contact Person. Al M jorud f i Carlson Mjorud Architecture Ltd. 1000 Shelard Parkway Minneapolis, Minnesota 55426 612/546 -3337 February 16, 1987 Mr. Sy Knapp CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Knapp, Thank you for selecting Carlson Mjorud Architecture Ltd. (CMA) for your upcoming projects in Brooklyn Center. We are very pleased to present to you the following Fee Proposal for: Remodeling and redecorating the Social Hall, Lobby, Stairway and Upper Lobby. For tuck - pointing deteriorated areas on the exterior of the Community Center Roofing and insulation on the roof of the Community Center. The accompanying Fee Proposal does include the work of our consulting en- gineers for the following disciplines: Structural, Mechanical, Electrical design work. We are looking forward to the opportunity to begin the work. Sincerely, CARLSON MJORUD ARCHITECTURE LTD. Al Mijorud, AIA AM; kb CONTRACT FORM We propose to the City of Brooklyn Center the standard form Agreement Between Owner and Architect (AIA Document B141) be considered as the basis of the contract. This is the contract most commonly used by Architects and Owners. SCOPE OF WORK The work includes improvements as follows: Basic Services - Architectural A. Remodeling and redecorating the Social Hall, Lobby, Stairway and Upper Lobby B. Tuck - pointing deteriorated areas on the exterior of the Community Center C. Re- roofing and insulation of roof of the Community Center Basic Services - Structural A. Levelin g the floor of the Social Hall in room number 40 of the Community Center. (Note: Volume of Social Hall pit is estimated to be 80 cubic yards.) 1. Propose methods of filling in depres- sed area to level floor. 2. Provide architect with adequate structural details for incorporation into contract documents. B. Structural requirements for re- roofing and insulating roof of Community Center. 1. Evaluate existing roof framing docu- ments (i.e., original contract docu- ments, specifications, shop draw- ings) for available structural load capacity. 2. Evaluate drift snow load require- ments of modern code with respect to this building for future determina- tions by local building official as to whether an upgrading of the struc- ture in critical areas in order. ...continued t C!`nDC nC WnDV SCOPE OF WORK ...continued C. Structural observation of three pent - house masonry structures supported by the roof of the Community Center. 1. Field observe the condition of the roof support framing, decking and penthouse structural framing. 2. Provide written evaluation of existing penthouse structure based on field observation as well as review of existing structural documents. Evaluation would include proposed methods of further material testing and associated costs if determined to be necessary. 3. Propose method of corrective action if required and estimate costs of repair. (Note: Contract documents for the repair of the existing pent- house structure would be drafted as an additional service should the evaluation show it necessary.) D. No soil testing or material testing ser- vices have been included as a part of this agreement. - Basic Services - Mechanical /Electrical A. Rectify return air system in pit steps of Social Hall of Community Center. B. Remove and /or relocate microphone jacks and outlets in pit steps of Social Hall. C. Additional lighting for Social Hall is not included as Basic Service. f 1 lie f ...continued FEE FOR BASIC SERVICES Carlson Mjorud Architecture Ltd. (CMA) would propose the following fees for basic services required for your project. These fees have been developed based on our understanding of the �- work effort required to meet your needs as out- lined in the "Scope of Work" above and in a letter from Mr. Sy Knapp; received by the architect January 28, 1987; and floor `plans prepared by the Cerny Associates, Inc, dated February 26, 1970. A. Category One: compensation for Services rendered by Carlson Mjorud principals and employees shall be based on professional fees/ hourly billing rates per the attached 1987 Fee Schedule. For the services of Professional Consultants, the time would be charged based on the attached hourly billing rates times one point one five (1.15) the actual amounts billed to the architect for such services. The City of Brooklyn Center will be billed on the hourly basis mentioned above, not to exceed Fourteen Thousand Dollars ($14,000.00) for work in this category. Work not authorized and hours not expended within this category will not be billed to the City of Brooklyn Center. B. Category Two: ompensation for Services rendered by Carlson Mjorud principals and employees shall be based on professional fees - hourly billing rates per the attached 1987 Fee Schedule. For the services of _ Professional Consultants, the time would be charged based on the attached hourly billing rates times one point one five (1.15) the actual amounts billed to the architect for such services. The work in category two is not limited by a guaranteed maximum amount and all work defined in this category will be billed hourly as mentioned above, only to the amounts of work effort expended. _. Work not authorized will not be billed to the City of Brooklyn Center. I � ADDITIONAL SERVICES If the City of Brooklyn Center would desire addi- tional services of Carlson Mjorud Architecture Ltd., but excluding the additional services of consultants, compensation shall be computed on the basis of the attached Professional Fees /Hourly Billing Rates. For additional services of consultants, engineers, fees will be based upon an multiple of one point one five (1.15) times the amounts billed to the architect for such services. Compensation shall be computed based on the hourly rates on the attached Fee Schedule. REIMBURSABLE EXPENSES Reimbursable expenses are defined as actual expenditures made in the interest of the project for miscellaneous items, for example the repro- duction of documents is a reimbursable expense. These expenses will be itemized on periodic in- voices for services and will be based on a mul- tiple of one point one (1.1) times the amount expended to the architect in the interest of the i project. SUGGESTED PAYMENT SCHEDULE: CMA would propose proportional amounts to be billed monthly based on the amount of work expended during the previous month. T i • CARLSON MJORUD ARCHITECTURE LTD. 1987 Fee Schedule Professional Fees /Hourly Billing Rates Architectural and Project Management Services: The billing rates for the various classifications are as follows: Principal time at the fixed rate of eighty dollars ($80.00) per hour. For the purposes of this proposal, the principals are Al Mjorud and Bruce Carlson.. Supervisory time at the fixed rate of fifty -two dollars ($52.00) per hour. For the purposes of this proposal, the personnel include: - Project Architect - Project Manager - Project Designer Professional time at the fixed rate of forty -seven dollars ($47.00) per hour. For the purposes of this proposal, the professional personnel include: - Architect - Specifier Technical Level I time at the fixed rate of forty -two dollars ($42.00) per hour. For the purposes of this proposal, these Technical Level I personnel shall include: Senior Designer Senior Interior Designer Director of Finance Technical Level II time at the fixed rate of thirty -seven dollars ($37.00) per hour. For the purposes of this proposal, these Technical Level 11 personnel shall include: - Junior Designer - Junior Interior Designer Senior Drafter Technical Level Ill time at the fixed rate of thirty -two dollars ($32.00) per hour. For the purposes of this proposal, these Technical Level III per - sonnel shall include: Junior Drafter - Specifications Typist - Office Manager Technical Level IV time at the fixed rate of twenty -seven dollars ($27.00) per hour. For the purposes of this proposal, these Technical Level IV personnel shall include: - Secretary - Typist; etc. A �_ Professional Fees /Hourly Billing Rates continued Engineering Services (Professional Consultants) : The billing rates for the various classifications are as follows: Principal time at the fixed rate of fifty dollars (50.00) per hour. Professional Design Engineer time at the fixed rate of forty dollars (40.00) per hour. For the purposes of this proposal, the professional personnel include: Structural Engineer Mechanical Engineer - Electrical Engineer - Design Engineer Technical Level time at the fixed rate of twenty -five dollars (25.00) per hour. For the purposes of this proposal, these Technical Level IV per- sonnel shall include: - Drafter - Secretary - Typist; etc. l ) i d I t t A I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: and the Architect: For the following Project: (include detailed description of Project location and scope.) The Owner and th . e Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1 961, 1 963, 1966, 1 %7, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006, Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT AMER CAN INSTITUTE AGREEMENT THIRTEENTH I • A TE OF A CH TECTS,7 5NEW YORK AVE UE, N.W., WASH NGTON!D.C. T E 0006 8141 -1977 1 I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1,4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1,4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1,5 CONSTRUCTION PHASE — ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1,5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with j forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise rovided in this Agreement and the scale and relationship of Project components. p g p 1 P incorporated in the Contract Documents, the .Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- 1.2 DESIGN DEVELOPMENT PHASE struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. VIII trical systems, materials and such other elements as may 1.5.4 The Architect shall visi be appropriate. a isit the site at intervals ap- propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord - 1.3.1 Based on the approved Design Development Doc- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con - uments and any further adjustments in the scope or qual- tinuous on -site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on -site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. t' 1.3.2 The Architect shall assist the Owner in the re ara- p p 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub l� AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • p 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- _ Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1,5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge, information and belief, the qual- the Contract Documents, and shall have authority to order ity of the Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, 3 to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter - rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay - examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum, itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con - the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall ment and in the Contract Documents. be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. 4 8141 -1977 AIA DOCUMENT 6141 - OWNER - ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIAS - © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 I 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. ` of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor urider the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked -up prints, drawings and tems and equipment which are not intended to be con- - Providing services relative to future facilities, s other data furnished by,the Contractor to the Architect. terns structed during he Construction Phase. 1.7.18 Providing extensive assistance'in the utilization of g any equipment or system such as initial start -up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur - and maintenance, and consultation during operation. nished by the Owner. 1,7,19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro - 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1,7,21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- ' 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operatin g costs, or detailed q uan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1,8 TIME labor. 1.7.10 Providing interior design and other similar ser- 1'8'1 The Architect shall perform Basic and Additional vices. required for t in connection with the selection, Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project. This schedule, when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation - required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 15 1.7. Providing consultation concerning replacement of at the request of the Architect provide a statement of g P q P any Work damaged by fire or other cause during con- funds available for the Project, and their source. AIA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 5 i 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights -of -way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2. 2.4 The Owner shall furnish a legal description and a certified land surve y e site, giving, as applicable, of th 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3,2,1 Evaluations of the Owner's Project budget, State - in property; ri hts -of -wa restrictions, g easements g Y. , en- rnents of Probable Construction Copt and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths, rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil en i- termining bid prices, or over competitive bidding, market neers g or negotiating r in I h Ar hi or other consultants when such services are deemed eg g Acco d g y, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- Paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab- time for the Project, including such auditing services as lished, the Architect shall be permitted to include con - the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation. to de- poses the Contractor uses the moneys paid by or on be- termine what materials, equipment, component systems half of the Owner. and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring - thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- 1 peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- 3.1.1 The Construction Cost shall be the total cost or negotiating of the Project within a reasonable time, (3) if Project the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Pro ) Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. in the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree - head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply 6 8141 -1977 AIA DOCUMENT 8141 - OWNER- ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIA0 - © 1977 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 r i with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include 6.3 PAYMENTS WITHHELD actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out -of -town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6,4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over the Project. 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tionai Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock -ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested taining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement. 6 pent ice are and shall remain the property of the Architect .1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - THIRTEENTH EDITION - IULY 1977 - AIA® - © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6141 -1977 7 ' f other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include. expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of bysiness of tion Industry Arbitration Rules of the American Arbitra- the Architect, tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement: * as to all taining a specific reference to this Agreement and signed acts or failures to act by either parry to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights 9.2 Notice of the demand for arbitration shall be filed in against each other and against the contractors, consult - writing with the other party to this Agreement and with ants, agents and employees of the other for damages cov- the American Arbitration Association. The demand shall eyed by any property insurance during construction as set forth i the edition of AIA Document be made within a reasonable time after the claim, dispute , current as of the date of this or other matter in question has arisen. In no event shall ditionss General Con- A greement. The A the demand for arbitration be made after the date when Owner and the Architect each shall require appropriate i al or equitable similar waivers from their contractors, consultants and institution of legal q proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTICLE 10 representatives to the other party to this Agreement and 1 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of 10.1 This Agreement may be terminated b either this Agreement. Neither the Owner nor the Architect shall y p arty y assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner ARTICLE 13 upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree - performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. • 8 8141 -1977 AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT - THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 s ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of dollars ($ ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, if necessary.) i i - 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: percent( o ,f o) Design Development Phase: percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent( %) Construction Phase: percent ( %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA THE DOCUMENT AMERICAN IINSTITU OF ARCHITECTS, G 1735 NEW YORK AVENUE, EDITION N.W., • WASHINGTON! A D.C.© 0006 8141 -1977 9 f f i 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rates and /or multiples of Direct Personnel Expense for Principals and employees, and idenlify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary 3 . 1t T 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of ( ► times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 75. if required ) _ 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Articl bursable Expenses, a multiple of e 1 5 as Reim- pended by the Architect, the Architect's employees and consult times ants in the interest of the amounts ex- 14,6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) s (Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulation; at the 3 $ Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. 5petwic legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed shall be equitably adjusted. materially, the amounts of compensation 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within . I I months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. 10 81411977 AIA UOCUMENT 8141 • 0\1'NLR•ARLIIIIECr AGRLLMINI • 1111RILLNIII I UIIIUN • JULY 1977 • AW • U I'177 ( THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, U.C. 20W6 4 i [ � . . ARTICLE 15 OTHER CONDITION OR SERVICES � . . �� • � . � Z . T �E \A r�77[�c3cs f%w oa /UE2w'w $7co D.C. 641497 1 Y g 3 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT BY BY AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • DULY 1977 • AIA®• © 1977 12 B141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 INTRODUCTION /SUMMARY OF QUALIFICATIONS Carlson Mjorud Architecture Ltd. (CMA) is a client INTRODUCTION/ oriented firm engaged in the planning and design SUMMARY of building projects. The 26- member firm has developed an expertise in municipal, recreational, and educational facilities. We also design many office and high - technology manufacturing projects. Carlson Mjorud Architecture Ltd. has the neces- sary skills and expertise to assist the City of Brooklyn Center in designing and helping the City with the proposed improvements. We try to meet the following qualifications and standards: - What makes the firm distinctive is our ability to respond to our client's specific needs; we listen to what our clients say and can work well within set parameters. To help insure that you receive the most effective use of a particular building, we design from the inside out, based on a study of user flow and space relationships. This design team's planning and design process is a logical, planned sequence of events directed at developing a design solution which meets the unique physical, functional, and environ- mental requirements of your building program. CMA has assembled a team of consultants with outstanding experience in architecture and engineering. Our team - leadership is provided by AI Mjorud, whose experience is based on twenty -seven years of practice in architecture. Other members of the team are equally well qualified and motivated to pro- duce a high quality Addition to complement and enhance your existing structure. CMA can provide the required construction documents for the proposed improvements within the schedule of completion dates you have established for this project. - CMA will be able to provide probable con- struction cost information to the City of Brooklyn Center based on each project. We have an excellent record of meeting time and budget deadlines. For example: CMA is on a fifth year of a Master Contract with Unisys (formerly Sperry /Burroughs Corporation) , a having completed numerous projects for them on time and on budget. The firm is also on the second year of a Master Contract with Normandale Community College. For .this INTRODUCTION/ Client, we have completed numerous design and remodeling projects along with providing SUMMARY professional services related to master plan- ning studies, long range planning and funding requests. We maintain an up-to- date cost library from which we prepare Statements of Probable Construction Cost in accordance with the Owner /Architect Agree- ment. An example of our estimating skills occurred on a recent school addition project in St. Louis Park: The base bid came in $68,000 below the Owner's budget of $1 ,831 ,000. This allowed the Owner to proceed with some additional work. This project has recently been completed. - CMA is oriented to designing a code - complying safe environment. We are familiar with the latest building codes and govern- ment agency approval needs. - As man energy-saving y measures are incor - porated into our projects as possible. We are familiar with the most current technology that is practical for today's buildings. CMA is experienced in helping our clients select cost effective materials that will keep annual operating expenses to a minimum. Our goal is to achieve a degree of architectural excellence that only complete personal involvement can produce. We hope to join you as team members to produce projects of which the City of Brooklyn Center can be proud. A I , i Proposal Submitter Carlson Mjorud Architecture Ltd. 1000 Shelard Parkway INTRODUCTION/ Minneapolis, Minnesota 55426 SUMMARY - Carlson Mjorud Architecture Ltd. (Cti1A) repre- sents that it will be the Prime Consultant to the City of Brooklyn Center in the performance of any Agreement. It is CMA's intention to employ on a consultant basis the following third party firms for the disciplines noted below. These consultants were chosen for their engineering expertise and their personal and professional experience with municipal facilities. They are all available to work on this project immediately following the City's decision to proceed with work. Firm Discipline Carlson Mjorud Architecture Architecture Ltd. Minneapolis, Minnesota Rudin Structures Structural Minneapolis, Minnesota Oftedal Locke Broadston Mechanical & Associates, Inc. Electrical Minneapolis, Minnesota - Carlson Mjorud Architecture Ltd, has been a ,Minnesota corporation since 1981. Prior to that, the firm had been a partnership p since 1977. - Carlson Mjorud Architecture Ltd.'s proposed project team members are licensed to practice architecture or one of the engineering disci - plines in Minnesota. Al Mjorud is a registered p 1 g 4— architect in the states of Minnesota, Wisconsin and Iowa and is certified by the National Council of Architectural Registration Boards. Bruce Carlson, CMA's other Principal, is also a registered architect who is certified by the National Council of Architectural Registration Boards. A\ Manpower Al Mjorud will have prime responsibility for the INTROD project. Project participation by the Principals is SUMMARY the cornerstone of Carlson Mjorud Architecture Ltd. 's project delivery. They are practicing architects who are involved on a day -to -day basis on projects under their charge. While the Principals establish policies and contracts on a project, they also work closely with the Project Designer to develop design direction. Their participation closely continues through the Design Development and Construction Document Phases. In addition to giving in -house direction, as Managing Principal, Al will be there for all presentations, all key meetings, and whenever he is required or requested by the City of Brooklyn Center. CMA uses a linear approach to the delivery of a project rather than a layered approach. This means that the Principal, the Project Designer, and the Project Team participate through the construction process to ensure that the details of the plans and specifications are completed so they deliver the intent of the design as well as the proper function of the building. It is ultimately the responsibility of the Managing Principal, Al Mjorud, throughout the total project to ensure that the professional team serves you, the Client. Oil �• { AL MJORUD, AIA Managing Principal THE Located at: Carlson Mjorud Architecture Ltd. PROFESSIONAL 1000 Shelard Parkway TEAM Minneapolis, Minnesota 55426 (612) 546 -3337 Responsibility Al Mjorud will be the individual in "overall" charge of the assembled team of architects and engineers. 1. His responsibility includes ensuring that the Client's needs are being met and that vital infor- mation is transmitted to all those "who need to know." Al will be your main "contact" and will work with you on a ersonal basis throughout the P 9 course of the project, actively participating in all phases of the work. He will meet with you at regular intervals to review your project as it develops. He will further make sure that the project stays on schedule during all of its various phases. He will administer this project in an orderly, efficient, and business -like manner. Al Mjorud has extensive experience in the facility planning of municipal, recreational, educational and institutional buildings, along with complex business and manufacturing organizations. AI's expertise is in all facets of the design process; from the earliest information gathering through the occu- pancy of completed space. His knowledge and previous work enable him to interrelate and put into the proper perspective, the design and planning decisions necessary throughout the course of a successful project. Al has analytical skills in and planning, programming P 9. architectural and in- terior design. t' Background Al is a registered architect in the States of Minnesota, Wisconsin and Iowa; and is certified by the National Council of Architectural Registration Boards. He is a corporate member of the American Institute of Architects. He has served on various committees of the Minnesota Society of the Ameri- can Institute of Architects and he is presently a member of the Building Code Committee. Al is a graduate of St. Olaf College and holds a Certi- ficate of Interior Design from the University of THE Minnesota. He is a leader in a large suburban PROFESSIONAL church having served as congregation president, vice president, executive committee chairman and TEAM church council chairman. Mr. Mjorud's twenty- seven years of continuous practice in the field of architecture include planning, design, project administration, scheduling, project production, and construction management. NORM K. KNAFLA President Located at: THE PROFESSIONAL Oftedal Locke Broadston & Associates, Inc. TEAM Sexton Building, Suite 620 529 7th Street South 3 Minneapolis, Minnesota 55415 (612) 333 -4341 Responsibility - Electrical Engineer Norm Knafla will work as the Project Electrical Engineer. His responsibilities and tasks will be to: - examine the existing electrical service - examine the existing electrical usage - analyze the existing facility energy requirements - develop the electrical systems, such as power, lighting, communications, etc. to meet your project's needs. Background Norm Knafla received a Bachelor of Science degree in Electrical Engineering from the University of Minnesota in 1949. He is a • registered Electrical Engineer in the state of Minnesota as well as in the states of North Dakota, South Dakota, Iowa and Wisconsin. Norm is a member of both the American Consulting Engineers Council and the Consulting Engineers Council of Minnesota. He was formerly a member of the Illumination Engin- eering Society and he was a member of a state committee which wrote "A Guide for Educational Planning of Public School Buildings and Sizes in Minnesota." Norm was in private practice as a Consulting Electrical Engineer for ten years. He has seven- teen years experience with engineering firms including eight years with Oftedal Locke Broadston S Associates, Inc. In addition, Mr. Knafla has five years experience as an Electrical Contractor and five years experience as an Engineer for a development corporation. r BRUCE E. FOLLESTAD Vice President and Treasurer THE Located at: PROFESSIONAL SSIONAL Oftedal Locke Broadston & Associates, Inc. TEAM Sexton Building, Suite 620 529 7th Street South Minneapolis, Minnesota 55415 (612) 333 -4341 Responsibility - Mechanical Engineer Bruce Follestad will serve as the Project Me c c han ial Engineer En r fo our project. His responsibility beg o: Y p J p Y will - review the existing mechanical systems - study their frequency of usage - analyze the energy requirement of your 1 facilities make recommendations about new and existing mechanical systems - develop the mechanical system design solutions to provide a cost efficient comfort level for your facility's use. Background Bruce received a Bachelor of Science Degree in Mechanical Engineering from the . University of Minnesota in 1973. He is a registered Professional Mechanical Engineer in the state of Minnesota. He is a member of the American Consulting Engineers Council as well as the Consulting Engineers Coun- cil of Minnesota. Bruce's experience is in plumbing, heating, venti- lation and air conditioning design, layout and specifications. He has twelve years of experience with Oftedal Locke Broadston & Associates, Inc. PA JEFFREY S. RUDIN, P.E. Structural Engineer THE Located at: PROFESSIONAL Rudin Structures TEAM 1000 Shelard Parkway, Suite 606 Minneapolis, Minnesota 55426 (612) 545 -1034 Responsibilit Jeffrey Rudin will propose several structural systems to you and participate in selecting a structural system to efficiently and cost effectively meet your needs. He will also be responsible for the scheduling and management of the engineering portion of your project. His responsibility will also include estimating engineering fees, manpower projections, completion and final checking of contract documents and specifications, and com- puter applications in structural analysis and design. Background Mr. Rudin received his Bachelor of Science degree in Architectural Engineering with Structural Option from the University of Colorado. He completed comprehensive training in design including the use of computers for design analysis. Mr. Rudin is a Registered Professional Engineer in the State of Minnesota. He has provided design services for municipal, commercial, industrial and parking structures during the past ten years. While with another firm, he was appointed by its president to Chair the task force involved in computerizing the office and implementing CADD into production and engineering operations. L SCOPE OF SERVICES The scope of services provided by Carlson Mjorud SCOPE OF SERVICES Architecture Ltd, with the use of outside associates or consultants can include the following: ARCHITECTURAL - Programming - Space Schematic F16W and Bloch Diagrams - Conceptual /Schematic Design f; - Owner Supplied Data Coordination - Design Criteria and Controls - Agency Consultations - Design Development - Existing Facility Surveys - Value Engineering Building Materials Selection - Building Systems Selection - Construction Documentation - Estimate of Probable Construction Cost - Specifications - Bidding/ Negotiations - Bid Evaluation Energy Analysis Project Administration PLANNING - Development of Site Selection Criteria - Site Analysis Site Selection - Master Planning - Site Development and Utilization . Urban Planning and Design Real Estate Planning and Research Zoning Processing Assistance INTERIORS - Space Planning - Interior Planning and Design Furniture Selection Color Selection and Coordination - Interior Finishes and Materials Selection and Coordination - Competitive Bidding SCOPE OF SERVICES (continued) CONSTRUCTION SCOPE OF - Construction Contract Agreements SERVICES - Construction Contract Administration - Construction Observation - Project Schedule Monitoring RELATED SERVICES - Blue Line /Black Line Printing - Reproducible Mylars - Vacuum Frame Printing - Graphics Model Making - Presentation Drawings/ Renderings Special Furnishing Design Fine Arts and Crafts Services LANDSCAPE ARCHITECTURE Design Solutions for Land Forms Lawns /Ground Cover - Plantings Design - Analysis of Existing Vegetation - Site Furniture and Furnishings CIVIL ENGINEERING - Sloe Analysis sis P Y - Site Drainage - Storm Water Collection and Disposal - Confirmation of Location, Size and Adequacy of Utilities Servicing the Site - Determination of Requirements for Connection to Utilities - Planning for Off -site Utility Extensions and Facilities - Site Grading - Road, Driveway, Parking and Sidewalk Design SCOPE OF SERVICES (continued) STRUCTURAL ENGINEERING SCOPE OF - Structural Systems Design (concrete, steel, SERVICES heavy timber, etc.) Foundation Design Specialized Structural Systems Subsurface Soil Test Analysis Review Computer Aided Design Calculations MECHANICAL ENGINEERING Heating, Ventilating and Air Conditioning - Plumbing and Process Piping - Energy Systems - Energy Studies and Audits - Energy Conservation Programs - Heat Recovery Systems - Fire Protection Systems (water and Halon) - Refrigeration - Existing Facilities Surveys - Special Mechanical Systems - Fuel Service and Distribution 0 - Sanitary Sewer and Storm Water Collection ELECTRICAL ENGINEERING 12 - Power Distribution Design - Total Energy Plants Interior Lighting Design and Layout Site Lighting - Communications Systems Security and Fire Alarm Systems - Standby/ Emergency Power Generation Systems Power Factor Correction Analysis of Existing Electrical Capabilities - Special Electrical Systems ENVIRONMENTAL ENGINEERING Sanitary Sewer Collection and Disposal Water Supply and Distribution - Process Waste Water Treatment SCOPE OF SERVICES (continued) s INDUSTRIAL ENGINEERING SCOPE OF ' - Industrial Engineering and Material Handling SERVICES Services - Warehouse Automation - Office Automation - Move and Start -up Planning Services TRANSPORTATION ENGINEERING - Analysis of Existing Traffic Conditions - Define Traffic Constraints Perimeters and Opportunities Determine Adequate Access, Internal Circu- lation and Parking Determination of Special Transportation Needs - Safety Levels of Pedestrians and Vehicles ACOUSTICAL ENGINEERING Noise Analysis of Sources and Types Noise Control - Noise Isolation - Noise Level Criteria Definition - Noise Level Testing VIBRA T ION ENGINEERING - Vibration Analysis and Monitoring of Sources and Types - Vibration Evaluation - Special Vibration Design Problems - Determination of Selected Vibration Criteria and Isolation t` Design and Construction of Municipal . Facilities PAST Carlson Mjorud Architecture Ltd. (CMA) can help INVOLVEMENT the City of Brooklyn Center with municipal WI SIMILAR facilities to help serve the community's needs PROJECTS We are aware of the problems and concerns having to do with the design and construction of an Addition such as energy consumption, manage- ability of facility, construction cost, on -going operating expenses, maintenance, etc. We are I' experienced in finding the solutions to the questions they raise. We have done this recently on such similar projects as: - Office and Service Center Addition and Remodeling for New Ulm Public Utilities New Ulm, Minnesota - Addition and Remodeling Filter Plant #1 New Ulm, Minnesota - Braemar Maintenance Building Braemar Golf Course Edina, Minnesota - Remodeling for Northwestern National Life Insurance Company (Garage, Print Shop, and other Facilities) Minneapolis, Minnesota - Hermann Heights Park Shelter Building New Ulm, Minnesota Addition and Remodeling of Braemar Golf Clubhouse Edina, Minnesota - Manufacturing and Warehouse Facility CPT Corporation Chanhassen, Minnesota - Tennis House Addition — Minikanda Club Minneapolis, Minnesota t � , ► • 1 Design and Construction of Municipal Facilities (continued) PAST Dock Compound Remodeling/ Building No. , INVOLVEMENT Unisys (formerly Sperry /Burroughs WITH SIMILAR Corporation) Roseville, Minnesota PROJECTS - Waste Water Treatment Facility Unisys (formerly Sperry /Burroughs Corporation) Roseville, Minnesota Materials Storage Facility and Truck Docks Unisys (formerly Sperry /Burroughs Corporation) Roseville, Minnesota - Dock Compound at Building No. 4 Unisys (formerly Sperry /Burroughs Corporation) Roseville, Minnesota The following pages provide additional information on selected projects listed above. Carlson Mjorud Architecture Ltd. (CMA), does have roofing experience for swimming pools. Here is a listing of some of the selected representative projects that have been designed and managed by PAST CMA and its personnel (while working for other INVOLVEMENT firms). Al Mjorud had an active design or project WITH SIMILAR management role in each of these facilities. PROJECTS SWIMMING POOL EXPERIENCE Swimming Pool and Field House Facility Addition to Menomonie Junior and Senior High School Menomonie, Wisconsin Swimming Pool Facility and Family Recreation Center - Phase I German Park New Ulm, Minnesota Swimming Pool Building and Outdoor Community Tot Lot and Wading Pool East Junior High School Richfield, Minnesota Swimming Pool Chaska Middle School Chaska, Minnesota Swimming Pool Shakopee Junior High School Shakopee, Minnesota Community Swimming Pool Addition to Jackson Junior High School Champlin, Minnesota Swimming Pool Building Addition to Roosevelt Junior High School Blaine, Minnesota � ► • OFFICE AND SERVICE CENTER ADDITION AND REMODELING FOR NEW ULM PUBLIC UTILITIES PAST Type of Project: INVOLVEMENT WITH SIMILAR Addition of new space and renovation of existing office and Service Center. PROJECTS Location: New Ulm Minnesota Area: 25,000 square feet Estimated Construction Cost: $1,300,000 Features: Project provides solutions for the efficient, successful housing of five separate P ublic utilities in an expanded and remodeled existing masonry building. - New space fills in the missing rectangle of the presently "L"- shaped building. It includes offices, a skylight circulation spine and a new museum area for exhibiting the utilities' historic artifacts. A proposed new, underground garage was designed to fit into the steep, adjoining hillside on site. Services included analysis of all existing mechanical and electrical systems, provisions for current code compliance, and acoustical and security requirements for the dual office and vehicular functions. Fe Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -07 (HEATING SYSTEM IMPROVEMENT AT MUNICIPAL SERVICE GARAGE) AND APPROVING AGREEMENT TO PROVIDE ENGINEERING SERVICES RELATING THERETO BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: HEATING SYSTEM IMPROVEMENT AT MUNICIPAL SERVICE GARAGE 2. The proposed project will be designated as Project No. 1987 -07. 3. The accounting for this project will be done in the Government Buildings Division 19 of the General Fund. 4. The proposal of Oftedal, Locke, Broadston and Associates, Inc. to provide mechanical engineering services relating to said project with a maximum fee not to exceed $2,350 is hereby approved. The City Manager is hereby authorized and directed to execute said agreement on behalf of 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 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: February 19, 1987 RE: Heating System Improvement at Municipal Service Garage The 1987 Budget for the Government Buildings Division includes an appropriation of $9,800 for the purpose of installing a new heating system to serve the repair shop area of the City Garage. It is anticipated that the new heating system will be a radiant heating system similar to the one which was installed in the East Fire Station last year. That type of system has been found to be extremely efficient and reliable. While the total cost of the heating system improvement is estimated to be substantially below $15,000, thereby allowing the project to be done on the basis of 2 or more informal quotations rather than on the basis of detailed plans and specifications, it is my recommendation that the City employ the services of a mechanical engineer to fully evaluate the existing conditions, to. design the proposed heating system modifications, and to prepare basic plans and specifications which assure that the informal proposals received are competitive "apples to apples" proposals, and to assure that the project is properly installed. In addition to the engineering services to be provided for the currently proposed installation, I also recommend that the mechanical engineer be authorized to investigate the feasibility and cost- effectiveness of installing a radiant heating system, roof re- insulation and other energy conservation measures for the large vehicle storage area of the City Garage. If this second phase of the study indicates a high potential for cost savings through such retrofitting measures, that work would then be included in our budget request for 1988 or future years. Attached hereto is a proposal from the consulting firm of Oftedal, Locke, Broadston and Associates, Inc. to do both phases of this work with a maximum fee not'to exceed $2,350. We recommend use of this firm because we have had extremely good service, with very reliable results, in the work that they have performed for us at several of the municipal buildings during the last 3 years. The costs for the professional services will be charged to Object No. 4310 (professional services) of the Government Buildings Division Budget which has an appropriation of $2,500 in the 1987 Bu %'k"OCty, "' 19A6 WIMEiIGI QIY = /' v February 19, 1987 Page 2 A resolution is attached for consideration by the City Council. Respectfully submitted, Sy Knapp SK: jn 'f OFTEDAL, LOCKE, BROADSTON & ASSOCIATES, INC. OX%G . E C O N S U L T I N G E N G I N E E R S v 670 SEXTON BUILDING • MINNEAPOLIS, MINNESOTA 55415 YIYYESOT� 0 0 N �� PHONE 333 -4341 AREA CODE 612 President January 26 ,1 g8 7 Vice President Norman K. Knafla Bruce E. Follestad Mr. Sy Knapp, City Engineer CITY OF BROOKLYN CENTER 6301 Shingle Creek Road Brooklyn Center MN 55430 RE: BROOKLYN CENTER Municipal Service Garage Heating System Revisions Dear Sir: At your request we submit this proposal for mechanical and electrical engineering services for the subject project, Under Phase I of the project, we will provide all normal engineerin tasks to survey the areas relative to the construction anticipated, design the heating system modifications, draw plans and write specifications. It is anticipated that the total project construction cost will not exceed $ 15,000.00, and therefore formal bid advertisement will not be necessary. During the construction phase of the project we will check all shop drawings submitted, and make job site observations and reports to monitor compliance with the construction documents. Based on our initial survey and subsequent discussions with you the scope of Phase I will include the installation of a new a - i s f red radiant heating system in the 9 9 Y maintenance area of the City Garage. Under Phase II of the project, we will investigate the installation of radiant heat, roof re- insulation, and other pertinent energy conservation recommendations for the vehicle storage areas, and prepare a report. We will perform all of the above tasks charged at the rate of $55.00 per hour for Senior Engineers, $45.00 per hour Junior Engineers, with a maximum fee not to exceed $ 2,350.00. Yours truly, Recommended for Approval by: OFTEDAL, LOCKE, BROADSTON & ASSOC., INC. Director, f Public Works Bruce E. Follestad Approved by: City Manager Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING CITY ENGINEER'S REPORT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1987 -03, CONTRACT 1987 -E (INSTALLATION OF WATER MAIN FROM LIONS PARK TO THE INTERSECTION OF COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY WHEREAS, pursuant to Resolution No. 87 -16 a report was prepared by the City Engineer with reference to this improvement: INSTALLATION OF WATER MAIN FROM LIONS PARK TO THE INTERSECTION OF COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY and this report was received by the City Council on February 23, 1987: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The report prepared by the City Engineer is hereby received by City Council. 2. The estimated cost of the proposed project is $389,100. 3. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: BROOKDALE 16 INCH WATER MAIN IMPROVEMENT PROJECT NO. 1987 -03 CONTRACT 1987 -E 4. 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 be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement 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. 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. CITY 6301 SHINGLE CREEK PARKWAY OF :BRIOOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 ENGINEER'S REPORT WATER MAIN IMPROVEMENT PROJECT NO. 1987 -03 WATER MAIN FROM LIONS PARK TO THE INTERSECTION OF COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY INTRODUCTION In a 1980 analysis of Brooklyn Center's water system, the consulting firm of Black and Veatch recommended the construction of 8 segments of water mains to reinforce the City's distribution system (see Figure 1 attached). Segments 1, 2, 6 and 7 of the recommended water main construction has been completed. Segments have been completed in conjunction with other major capital projects or other major development. The major development in this case is actually redevelopment of the Plitt Theater site, the Dayton's Garden Store and the 0 former Oasis Petroleum gas station. This redevelopment is in the corridor of one of the four remaining improvement mains recommended by Black and Veatch (i.e. Segment No. 5). BACKGROUND The 1980 Black and Veatch study recommended the construction of the proposed 16 inch water main so that the capacity of Water Tower No. 3 could be better utilized. Better utilization of Water Tower No. 3 reduces peak loading on other mains and provides more uniform system pressure in the southerly half of the City. This main also improves the reliability and the capability to replenish Water Tower No. 3, thereby improving the system's ability to supply water during a major fire. Soil borings were taken in an effort to find the most economical alignment for the proposed 16 inch main. The resulting alignment is east of the original alignment proposed by the Black and Veatch study. The alignment has moved east primarily to avoid poor soils but also to avoid conflict with the pedestrian bridge. Summaries of the expenses and revenues related to this project are listed below. EXPENSES CONSTRUCTION COST $350,600.00 0 TECHNICAL SERVICES (9%) 31,500.00 ADMINISTRATIVE COSTS (1 %) 3,500.00 LEGAL COSTS (1%) 3.500.00 TOTAL EXPENSES $389,100.00 Engineer's Report 1987 -03 Page 2 REVENUES The following is a summary of proposed revenue sources for this project. Amount Special Assessments to Private Properties MSA Accounts �. 2600 (Expendable) 2611 (Restricted Reserve) 2613 (State Approved Projects) Capital Project Fund (Division _) Public Utility Fund $389,100.00 General Fund TOTAL REVENUES $389,100.00 CONCLUSIONS The proposed herein has been recommended by earlier studies and will improve the City's distribution system. The project is feasible and is recommended for construction as proposed. It is recommended that City Council adopt the attached resolution, a "Resolution Accepting the City Engineer's Report, Approving Plans and Specification and Ordering Advertisement for Bids for Improvement Project No. 1987 -03, Contract 1987 -E (Installation of Water Main from Lions Park to the Intersection of County Road 10 and Shingle Creek Parkway) ". I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State Minn Date: Registration No. 13689 r • r -_� �•\ „I ;•'�� , ' � ' _ _ -.. OPOS WATER TREATMENT PLANT .. - PALGER LANE • BASIN In l {I 1 I1 �I� : %CSTINO N}. E TE - jl I i STORA TANK OVG$WCA , E _ E IS NO AO M.D. ELEVATED y fffl r' r ,4 !7 \ N OVERFLOW 7 .___. —_ - _ • T OR K DE TANK + y! • 't • 1012 I L I Aq 1j '1 � _ § ie ``', I're } - 'I ?�TRT I Er, IB `� L II - 1 rI rr y3 l { �l 1 aid �.• - rl � - 1 • X• Ir � J , - - r Ir 0 1 K n.11 O E Ow .000 SCAL FEET ' V V - i V � !EE NOTE r ,l 12 5 A L T E %I S IN 1 ' Q_); E'�O L�I, LLl I dlfB` STORAO� N - d TW,x .II � .i • II LAKE I +� - TI -if _ t r r -• - lEOEND L L r 1 EXISTING MAIN or EQUIVALENT B12f ` \ \� - • �2� PROPOSED MAIN and SIZE REPORT ON WATER WORKS IMPROVEMENTS TW,N' NOTES: L MAINS SNOW ON THIS EXHIBIT REPRESENT THE BROOKLYN CENTER MINNESOTA ( - \.0 - ��.j I J • , SKELETONIZED NETWORK USED IN THE HYDRAULIC l F j LAKE { •/ ANALSES. 2. THE 'G` AND 12" PROPOSED MAINS NEAR THE I.BMD RECOMMENDED IMPROVEMENTS ELEVATED TANK ARE ALTERNATIVES. THE 1E" MAIN \` - -� -� 7 ,{ I •• \ IS THE RECOMMENDED ALTERNATIVE, BUT MAY NOT F!'— L /'TCLI:_''1MrL FEASIBLE M E TO DA SOIL CONDITIONS. wr' :•T - E -- I I B BLACK \ V[ATCN CONSULT1ND ENGINEER$ KANSAS CITY, MISSOURI 1$$0 FIGURE 1 TABLE 5 • RECOMMENDED IMPROVEMENT.MAINS Main Location Pipe Pipe s On From To Size Length . (in) 1 63rd Ave. Brooklyn Dr. Brooklyn Blvd. 16 3,300 2 Central Park Freeway Blvd. 63rd Ave. 16 1,650 3 Freeway Blvd. Shingle Creek West Side of 16• 1,600 Parkway Central Park 4 Freeway Blvd. Dupont Shingle Creek... 20 2,900 Parkway 5 Shingle Creek 55th Ave. County Rd. No.'10 16 1,850 6 Xerxes Ave. Xerxes Ave. Existing 8" Main 12 95 0 and 67th Ave. 7 Shingle Creek Xerxes Ave. Existing 10" Main _ 10 1,150 Parkway 8 67th Ave. Beard Ave. France Ave.. 8 1,300 8 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF TURNOUT GEAR FOR THE FIRE DEPARTMENT WHEREAS, on January 12, 1987 an appropriation was approved for the purchase of additional fire equipment; and WHEREAS, $13,100 was appropriated for this purpose; and WHEREAS, two quotations were received as follows: Company Quote Mid- Central Fire $11,115.00 Conway Fire and Safety $14,580.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of turnout gear for the Fire Department from Mid - Central Fire, in the amount of $11,115.00 is hereby approved. Date Mayor y r 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. U Member introduced the following resolution and moved . its adoption: RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $1,200,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1987A PROVIDING FOR THE FORM AND SPECIFICATIONS THEREOF; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota (City), as follows: Section 1. Sale of Refunding Bonds 1.01. The bid of (Purchaser) to purchase $1,200,000 General Obligation Improvement Refunding Bonds, Series 1987A (Refunding Bonds), bearing interest as follows: Year of Maturity Interest Rate (% per annum) 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 is hereby accepted, said bid being to purchase the Refunding Bonds at a price of $ The Mayor and the City Manager are authorized and directed to 'execute a contract with the Purchaser on behalf of the City. The Clerk is instructed to return the good faith checks of all unsuccessful bidders forthwith. Of the purchase price, the sum of $ representing additional interest shall be deposited in the Debt Service Fund hereinafter created. 1.02. The City shall forthwith issue the Refunding Bonds pursuant to Minnesota Statutes, Chapter 475 (Act), which Refunding Bonds shall be initially numbered R -1 upwards, in the denomination of $5,000 each or any integral multiple thereof, initially dated April 1, 1987, bearing interest as above provided, payable February 1, 1988, and semiannually thereafter on August 1 and February 1 in each year, and which shall mature serially on February 1 in the years and amounts as follows: RESOLUTION NO. which shall mature serially on February 1 in the years and amounts as follows: Year Amount 1988 $180,000 1989 170,000 1990 165,000 1991 155,000 1992 145,000 1993 110,000 1994 100,000 1995 85,000 1996 50,000 1997 40,000 The City may elect on February 1, 1992, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1993. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepay- ment the specific Bonds to be prepaid will be chosen by lot b y the Registrar. All prepayments P P ym ents shal 1 be at a rice of a p par and accrued interest. 1.03. The Refunding Bonds shall be issuable only in fully regis- tered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 1.04. Dates; Interest Payment Dates Each Refunding Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made avail- able for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date in which case such Bond shall be dated as of the date of original issue. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing Feb - ruary 1, 1988, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 1.05. Registration Pursuant to the Act the City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Refunding RESOLUTION NO. or lost, the Registrar shall deliver a new Refunding Bond of like amount, number, maturity date and tenor in exchange and substi- tution for and upon cancellation of any such mutilated Refunding Bond or in lieu of and in substitution for any such Refunding Bond destroyed, stolen or lost upon the payment of the reason- able expenses and charges of the Registrar in connection there- with; and, in the case of a Refunding Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity` in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Refunding Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Refunding Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Refunding Bond prior to payment. (i) Redemption In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice b publication y p 1 cation or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 1.06. Appointment of Initial Registrar The City hereby ap- points as the initial Registrar. The Mayor and the Manager are authorized to execute and deliver, on behalf of the City, a contract with said Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corpo- ration shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Refunding Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. ar. g On or before each principal or interest due date, without further order of this Council, the Clerk shall transmit to the Registrar moneys suffi- cient for the payment of all principal and interest then due. 1.07. Execution, Authentication and Delivery The Refunding Bonds shall be prepared under the direction of the Clerk and shall be RESOLUTION NO. Bonds and the registration of transfers and exchanges of Refund - ing Bonds entitled to be registered; transferred or exchanged. (b) Transfer of Bonds Upon surrender for transfer of any Refunding Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satis- factory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Refunding Bonds of a like aggregate principal amount and matur- ity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds Whenever any Refunding Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Refunding Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation All Refunding Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer When any Refunding Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Refunding Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. -- (f) - Persons Deemed Owners -The City and the Registrar may treat the person in whose name any Refunding Bond is at any time registered in the bond register as the absolute owner of such Refunding Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the prin- cipal of and interest on such Refunding Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges For every transfer or ex- change of Refunding Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds In case any Refunding Bond shall become mutilated or be destroyed, stolen RESOLUTION NO. executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Refunding Bonds 'shall- cease to be such officer before the delivery of any Refunding Bond, such signature or facsimile shall nevertheless -be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Refunding Bond shall be valid or obligatory for any purpose or enti- tled to any security or benefit under this Resolution unless and until a certificate authentication on such Refunding Bond has been duly executed by the manual signature of an authorized representative of the Registrar' " 'Certificates of authentication on different Refunding Bonds - need not be signed by the same representative. The executed certificate of authentication on each Refunding Bond shall be conclu- sive evidence that it has been authenticated and delivered under this Resolution. When the Refunding Bonds have been so prepared, executed and authen- ticated, the Finance Director shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. Section 2. Form and Execution 2.01. The Refunding Bonds shall be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1987A Date of Rate Maturity Original Issue CUSIP April 1, 1987 No. $ The City of Brooklyn Center, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowl- edges itself to be indebted and for value received hereby promises to Pay to RESOLUTION NO. or registered assigns, the principal sum of THOUSAND DOLLARS ($_,000) on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February l and August 1 in each year, commencing February 1, 1988;t6 the person whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presenta- tion and surrender hereof, the principal hereof are payable in lawful money'of the United States of America - by check or draft by as Bond Registrar, Transfer Agent, Authenticating Agent and Paying Agent, or its desig- nafed successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respec- tively become due, the full faith and credit and taxing powers of the City have been n and are hereby irrevocably pledged. The City may elect on February 1, 1992, and on any interest payment date thereafter, to prepay Bonds of this issue due on or after February 1, 1993. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remain- ing unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. The Bonds of this issue have been designated by the City as "qualified tax exempt obligations" pursuant to Section 265 (b)(3) of the Internal Revenue Code of 1986. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate f o Authentication hereon shall have been exe- cuted by the Bond Registrar by manual signature of one of its author- ized representatives. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF BROOKLYN CENTER, MINNESOTA (facsimile) (facsimile) City Clerk Mayor RESOLUTION NO. • CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolu- tion mentioned within. Authorized Representative [Reverse of the Bond] This bond is one of an issue of bonds in the total principal amount of $1,200,000, all of like original issue date and tenor except t as to interest rate, maturity and redemption privilege, all issued by the City pursuant to a resolution adopted by the City Council on February 23, 1987 (Resolution) for the purpose of providing money to g y refund,. .pursuant to Minnesota Statutes, Section 475.67, in advance of their maturity, the outstanding principal amount of certain general obligation improvement bonds of the City, which have been issued for the .purpose of providing money for various assessable public improve- ments in the City pursuant to and in full conformity with the Consti- tution and laws of the State of Minnesota, including Minnesota Stat- utes, Chapter 429, and is payable primarily from special assessments against property specially benefited thereby, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of its principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy additional ad valorem taxes, if re- quired for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. The bonds of this series are issued in denomination of $5,000 or any integral multiple thereof, of single maturities. As provided in the Resolution and subject to certain limita- tions set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the regis- tered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount bearing interest terest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner RESOLUTION NO. hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accor- dance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Brooklyn Center, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk The following abbreviations, when used in the inscription of the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. RESOLUTION NO. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights there- under, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: - Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond.in_ every particular, with - out alteration or any change whatever. Signature Guaranteed: Signature(s) must -be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account) Please insert social security or other identifying number of assignee 2.02. The Clerk shall obtain a copy of the proposed approv- ing legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the form set forth in the form of Refunding Bond. The Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 3. Refunding Bonds: Securit RESOLUTION NO. 3.01. The Refunding Bonds shall be payable from the General Obligation Improvement Refunding Bonds, Series 1987A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes, if any, hereinafter levied and special assessments heretofore levied for the public improvements financed by the Refunding Bonds and the Refunded Bonds are hereby pledged to the Debt Service Fund. The debt service bond fund (but not the construction fund) heretofore estab- lished for - the ° - Refunded Bonds is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created; provided, however, that the Finance Director is hereby authorized and directed to transfer from said debt service fund those amounts deter- mined by actuarial calciflation at the time of delivery of the Refund- ing Bonds to be necessary to properly fund the Escrow Account estab- lished by Section 4 of this resolution. If any payment of principal or interest on the Refunding Bonds shall become due when there is not sufficient money n y the Debt Service Fund to pay the same, the Finance Director shall pay such principal or interest from the general fund of the City, and the Debt Service Fund may be reimbursed for such advanc- es out of proceeds of general taxes levied by this resolution when collected. 3.02. It is hereby determined that the City has duly levied special assessments (Assessments) for the Improvements in the princi- pal amount of at least 20% of the Cost of the Improvements. It is further determined that the estimated collections of Assessments, the levy of which Assessments is hereby reauthorized, pledged to the payment of the Refunding Bonds, will produce at least 105% of the amounts needed to pay, when due, the principal of and interest pay - ments on the Refunding Bonds and that no tax levy is needed at this time. The City Clerk is directed to file a certified copy of this resolution with the Director of Property Taxation of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. 3.03. It is hereby determined that the Improvements have bene- fitted and will directly and indirectly benefit abutting properties. The City hereby covenants with the holders from time to time the Refunding Bonds as follows: (a) The City having caused the Assessments for said im- provement to be levied, will take all steps necessary to assure Y prompt collection of the Assessments. (b) In the event of any current or anticipated deficiency in the Assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements, the taxes levied and the assessments levied therefor and other funds appropriated for their payment, and all collections thereof and disbursements therefrom, moneys on hand and balance of unpaid Assessments. RESOLUTION NO. (d) The City will cause its books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any Bondholders upon request. Section 4. Refunding: Findings: Escrow: Redemption of Refund- ed Bonds 4.01. The Refunded Bonds - are the $2,625,000 General Obligation Improvement Bonds -of 1982, of-the City, dated December 1, 1982. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Refunding Bonds will result in a reduction of debt service or interest cost to the City on -the Refunded Bonds as follows: Net Effective Net Effective Interest Rate: Interest Rate: Date of Refunded Bonds Refunded Bonds Refunding Bonds December 1, 1982 9.0192% The dollar value of such debt service or interest cost savings (Reduc- tion) is $ , and the present value of the Reduction is $ The dollar amount of the Reduction is % of the (debt service) (interest cost) on the Refunded Bonds. The Reduction, . after the inclusion of all authorized expenses of refunding in the computation of the effective interest rate on the Refunding Bonds, is adequate to authorize the issuance of the Refunding Bonds as provided by Section 475.67, Subdivision 12 of the Act. 4.02. As of the date of delivery of and payment for the Refund- ing Bonds the proceeds (Proceeds) of the Refunding Bonds, in the amount of $ together with other funds (Funds) in the amount of $ hereby appropriated for such purpose as shall be necessary to pay the principal of, interest on and redemption premium (if any) on the Refunded Bonds to their maturity or the date on which they are called for redemption, whichever date is earlier, less necessary expenses of the issuance of the Refunding Bonds and less any amount of Proceeds in excess of $1,187,000 required to be deposited in the Debt Service Fund by Section 1.01, are hereby pledged and appropriated and shall be deposited in escrow in account with a suitable banking institution within the State, whose deposits are insured by the Federal Deposit Insurance Corporation and whose com- bined capital and surplus is not less than $500,000, and said bank is hereby designated escrow agent (Agent) for such funds. The City shall pay the reasonable charges of the Agent for its services. The Pro- ceeds and Funds shall be invested in securities maturing or callable at the option of the holder on such dates and bearing such interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay RESOLUTION NO. when due the interest to accrue on each obligation at maturity or on the date on which it is called as herein provided and to pay the principal amount of each such obligation at maturity or on the date on which it has been called for redemption and to pay any premium re- quired for redemption on such date. The monies in the Escrow Account shall be used solely for the purposes herein set forth and for *no other purpose, except that if any balance shall remain in the Escrow Account after all of the Refunded Bonds and interest (and any premium) thereon are paid, then such balance shall be transferred to the City. 4.03. The City. Council hereby finds and determines that the Proceeds and Funds available and appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the investment of the Es g Escrow Account to pay at maturity or redemption all of. the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 4.04. Securities purchased from the monies in the Escrow Account .shall be limited to securities specified in Section 475.67, Subdivi- sion 8 of the Act. -- Securities purchased for the Escrow Account shall be purchased simultaneously with the delivery of and payment for the Refunding Bonds. 4.05. The Refunded Bonds maturing on February 1, 1992 and thereafter shall be redeemed and prepaid on February 1, 1991. The Refunded Bonds shall be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of. Notice, of Call for Redemption attached hereto as Exhibit C -1 which terms and conditions are hereby approved and incorporated herein by .reference. The City Clerk is hereby authorized and directed to forthwith publish the Notice of Call for Redemption in a publication qualified under Section 475.54 of the Act and to send written notices of call to the paying agent for the Refunded Bonds, provided that published notice alone shall be effective. 4.06. On or prior to the delivery of the Refunding Bonds, the Mayor and the Y City Man ger are hereby authorized and directed to execute on behalf of the City an escrow agreement (Escrow Agreement) with the Agent � t in substantially stantially the form now on file with the City Clerk. All essential terms and conditions of the Escrow Agreement are hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Agent. 4.07. When all Refunding Bonds and all interest thereon, have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the holders of the Refunding Bonds shall cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the princi- al of and interest rest on the Refunding Bonds shall remain in full force and effect. The City may discharge all Refunding Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; if any Refunding Bond should not be paid when due, it may nevertheless be discharged by RESOLUTION NO. depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge and defease the Refunding Bonds in their entirety by complying with the provisions of Section 475.67, Subdivisions 4 to 11 of the Act, except that the funds deposited in escrow in accordance with said provisions may (to the extent permitted by law) but need not be, in whole or in part, proceeds of refunding bonds as therein provided without the consent of any Bondholders. Section 5. Authentication of Transcript: Tax Matters 5.01. The officers of the City are hereby authorized and direct - ed to prepare and furnish to the Purchaser and to the attorneys approving the legality of the issuance of the Refunding Bonds, cer- tified copies of all proceedings and records of the City relating to the Refunding Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any hereto- fore furnished, shall be deemed representations of the City as to the facts stated therein. The Mayor and City Clerk are hereby authorized and directed to certify that they have examined the Official Statement dated , 1986, prepared and circulated in connection with the issuance and sale of the Refunding Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date thereof. 5.02. The City hereby covenants and agrees with the holders from time to time of the Refunding Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take, or cause its officers, employees or agents to take, all affirmative actions within its ower that p may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing P Y g or as hereafter amended and made applicable to the Bonds. 5.03. Tax- Exempt Status of the Bonds: Rebate The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Refunding Bonds, including without limitation requirements relating to temporary periods for investments, limita- tions on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1987) exceed the small- issuer RESOLUTION NO. exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares that the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Refunding Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 5.04. Designation of Qualified Tax- Exempt Obligations In order to qualify the Refunding Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Refunding Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Refunding Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1987 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1987 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this section. 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. RESOLUTION NO. Exhibit C -1 NOTICE OF CALL FOR REDEMPTION $2,625,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN, that, by order of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, there have been called for redemption and prepayment on February 1, 1991 all outstanding bonds of the City designated as General Obligation Improvement Bonds of 1982, dated December 1, 1982, having stated maturity dates of February 1 in the years 1992 through 1997, both inclusive, and totalling $1,825,000 in principal amount. The bonds are being called at a price of par plus accrued interest to February 1, 1991, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are re- quested to present their bonds with interest coupons attached for payment at the main office of First Trust Company, Inc., in the City of St. Paul, Minnesota, on or before February 1, 1991. Dated: February 23, 1987. BY ORDER OF THE CITY COUNCIL By City Clerk City of Brooklyn Center Further Information: Springsted, Inc. Public Finance Advisors 85 East Seventh Place Suite 100 Saint Paul, Minnesota 55101 -2143 (612) 223 -3000 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at m. at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance implementing changes in the City Charter which were approved by the voters at the regular election held on November 4, 1986. 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 29 OF CITY ORDINANCES TO BRING EXISTING TERMS OF OFFICE OF THE CITY COUNCIL INTO CONFORMANCE WITH THE AMENDED CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; SECTION I. Chapter 29 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 29 -405. EXTENSION OF TERMS OF OFFICE TO CONFORM WITH CHARTER AMENDMENTS. The terms of office of the Mayor and members of the City Council existing on December 4, 1986, the effective date of charter amendments, are hereby extended to conform to such charter amendments. 1. The term of office of Mayor is extended through and including December 31, 1990. 2. The term of council member occupied by Council Member Hawes is extended through and including December 31, 1988. 3. The term of council member occupied by Council Member Lhotka is extended through and including December 31, 1990. 4. The term of council member occupied by Council Member Scott is extended through and including December 31, 1990. 5. The term of council member occupied by Council Member Theis is extended through and including December 31, 1988. SECTION 29 -406. EXTENDED TERMS DEEMED TRANSITORY. Upon expiration of the extended terms described in this Ordinance, terms of office of the Mayor and council members shall conform in all respects to the City Charter. ORDINANCE NO. SECTION II. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1987. Dean Nyquist, Mayor ATTEST: Darlene Weeks, Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted) MEMORANDUM TO: Gerald G. Splinter, City Manager er g FROM: Geralyn R. Barone, Personnel Coordinator DATE: February 19, 1987 SUBJECT: Ordinance Amending Chapter 35 Regarding the Planning Commission As recommended in the Year 2000 Report, I am in the process of reviewing and amending the enabling resolutions and by -laws of the City Council's advisory commissions. one goal is to standardize the duties and responsibilities of the commissions as much as possible. Presently, the Planning Commission's duties and responsibilities are enumerated in Chapter 35 of the City Ordinances. Minnesota Statutes Chapter 462.354 requires a planning agency to be created by charter or ordinance. The ordinance amendment will allow for the existence of the Planning Commission pursuant to state statute, and will also allow the City Council to enumerate duties and responsibilities by resolution rather than by ordinance. This will aid in achieving the standardization of the advisory commissions' duties and responsibilities. The ordinance amendment will be offered for a first reading at the February 23, 1987 City Council meeting. Amendments to the existing advisory commissions' resolutions and the new Planning Commission resolution, as well as amended by -laws, will be available for review and passage at the March 9, 1987 City Council meeting. If the Council passes the first reading of the ordinance amendment on February 23rd, the second reading would be scheduled for March 23, 1987. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 regarding the Planning Commission. 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 REGARDING THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -201. PLANNING COMMISSION. A Planning Commission of seven members is hereby established and continued as a planning agency advisory to the City Council. The City Council may, by resolution define duties and responsibilities of the Planning Commission [Any vacancy in an office of Planning Commissioner, by expiration of his/her term, resignation, or removal shall be filled by appointment of the Mayor, confirmed by a majority vote of the Council. Upon appointment, each Commissioner shall serve for a term of two years or until a successor has been appointed. Each Commissioner shall be a resident of the municipality and shall subscribe to the appropriate oath of office. No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his/her interest might reasonably be expected to affect his/her impartiality. The Planning Commission shall annually elect its Chairman and by majority vote may adopt rules of parliamentary procedure for the conduct of Commission meetings. The said meetings of the Commission shall be held at least once a month and shall be open to the public. There shall be a Secretary to the Planning Commission appointed by the City Manager of the municipality, who shall prepare the minutes of the meetings of the Commission and shall maintain the files and records of the Commission. The Secretary shall have any additional duties delegated to him by the Commission, the City Manager or by the provisions of this ordinance. Section 35 -202. DUTIES OF THE PLANNING COMMISSION 1. Planning a. Comprehensive Planning. The Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Commission shall hold at least one public hearing to consider the proposed amendment. The Secretary to the Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the Secretary shall transmit copies of the proposed amendment to the City Council prior to the publication of the he notice of hearing. g Following the review and recommendation by the Commission, the City Council shall consider the proposed amendment and may, by resolution of a majority of its members, amend the Comprehensive Plan. b. Coordination with Other Agencies. In the performance of its planning activities, the Commission shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with h and to assist in a development of the comprehensive municipal plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. 2. Platting Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized roce p ed under the provisions of Chapter 15 of the Ordinances of the City of Brooklyn Center. 3. Rezoning and Special Use Applications The Commission shall hear and review all applications for amendments to the Zoning rdinance hereinafter ereinafter referred to as "Rezoning Applications ", and applications for special use permits. The Secretary of the Planning Commission shall maintain permanent files and records for each application to the Commission. The record for each application shall consist of a written application on a form provided by the municipality, the minutes of the Commission upon the hearing of the application, and the written recommendation of the Planning Commission. (See Section 35 -210, Rezoning, and Section 35 -220, Special Use Permits.) 4. Plan Approval Every person, before commencing the construction or major alteration of a structure (except one and two family dwellings and buildings accessory thereto), shall submit information as set out in Section 35 -230 hereof. 5. Variances (Adjustments) and Appeals The Planning Commission shall serve as the Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustments and Appeals, the Planning Commission's recommendations shall be advisory to the City Council. The rules of parliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Planning Commission when acting as the Board of Adjustment and Appeals. The Secretary of the Planning Commission shall act as the Secretary of the Board of Adjustment and Appeals and shall maintain permanent files and records for each appeal, application or petition to the Board of Adjustments and Appeals. The Secretary shall maintain a separate file for each application, petition, or appeal to the Board of Adjustments and Appeals and shall place in said file, the record pertaining to each proceeding which shall consist of the written application, petition, or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommendation of the Board. The Planning Commission, acting as the Board of Adjustments and Appeals, shall hear applications for variances (adjustments) in accordance with Section 35 -240 and appeals in accordance with Section 35 -250.) Section 2. This ordinance shall become effective after adoption and upon thirty 0 days following y ( ) y its legal publication. Adopted this day of 1987. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 regarding the Planning Commission. 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 REGARDING THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -201. PLANNING COMMISSION. A Planning Commission [of seven members] is hereby established and continued as a planning agency advisory to the City Council. The City Council may, by resolution define duties and responsibilities of the Planning Commission [Any vacancy in an office of Planning Commissioner, by expiration of his/her term, resignation, or removal shall be filled by appointment of the Mayor, confirmed by a majority vote of the Council. Upon appointment, each Commissioner shall serve for a term of two years or until a successor has been appointed. Each Commissioner shall be a resident of the municipality and shall subscribe to the appropriate oath of office. No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his/her interest might reasonably be expected to affect his/her impartiality. The Planning Commission shall annually elect its Chairman and by majority vote may adopt rules of parliamentary procedure for the conduct of ° Commission meetings. The said meetings of the Commission shall be held at least once a month and shall be open to the public. There shall be a Secretary to the Planning Commission appointed by the City Manager of the municipality, who shall prepare the minutes of the meetings of the Commission and shall maintain the files and records of the Commission. The Secretary shall have any additional duties delegated to him by the Commission, the City Manager or by the provisions of this ordinance. Section 35 -202. DUTIES OF THE PLANNING COMMISSION 1. Planning a. Comprehensive Planning. The Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Commission recommend appropriate amendments to the City Council. Before recommending any such aro,ndments to the City Council, the Commission shall hold at last one public hearing to consider the proposed amendment. The Secretary to the Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the Secretary shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. Following the review and recommendation by the Commission, the City Council shall consider the proposed amendment and may, by resolution of a majority of its members, amend the Comprehensive Plan. b. Coordination with Other Agencies. In the performance of its lannin activities the Commission P g shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in a development of the comprehensive municipal plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. 2. Platting Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, proceed under the provisions of Chapter 15 of the Ordinances of the City of Brooklyn Center. 3. Rezoning and Special Use Applications The Commission shall hear and review all applications for amendments to the Zoning Ordinance, hereinafter referred to as "Rezoning Applications ", and applications for special use permits. The Secretary of the Planning Commission shall maintain permanent files and records for each application to the Commission. The record for each application shall consist of a written application on a form provided by the municipality, the minutes of the Commission upon the hearing of the application, and the written recommendation of the Planning Commission. (See Section 35 -210, Rezoning, and Section 35 -220, Special Use Permits.) 4. Plan Approval Every person, before commencing the construction or major alteration of a structure (except one and two family dwellings and buildings accessory thereto), shall submit information as set out in Section 35 -230 hereof. 5. Variances (Adjustments) and Appeals The Planning Commission shall serve as the Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustments and Appeals, the Planning Commission's recommendations shall be advisory to the City Council. The rules of parliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Planning Commission when acting as the Board of Adjustment and Appeals. The Secretary of the Planning Commission shall act as the Secretary of the Board of Adjustment and Appeals and shall maintain permanent files and records for each appeal, application or petition to the Board of Adjustments and Appeals. The Secretary shall maintain a separate file for each application, petition, or appeal to the Board of Adjustments and Appeals and shall place in said file, the record pertaining to each proceeding which shall consist of the written application, petition, or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommendation of the Board. The Planning Commission, acting as the Board of Adjustments and Appeals, shall hear applications for variances (adjustments) in accordance with Section 35 -240 and appeals in accordance with Section 35 -250.) Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted. A9 M & C No. 87 -03 February 19, 1987 FROM THE OFFICE OF THE CITY MANAGER Subject: Bargaining Agreement between Brooklyn Center and Police Union 1986 -87 To the Honorable Mayor and City Council: Late last week we received the arbitration award for the police bargaining unit for 1986 -87. Attached please find a copy of the award and a copy of a proposed labor agreement between the City and LELS, Local No. 82. The contract that you received has not yet been signed by the Union. I am placing it on the agenda with the hope that they will be able to sign it prior to Monday night's Council meeting. If the , contract is signed by Monday, then -I will recommend your approval of the contract. If it is not, we will have to defer action on the contract until a later meeting. The proposed contract incorporates all the changes in the arbitration award with some minor differences. In the award there appeared to be an error in the data that the arbitrator based the vacation award on, and also an error in the settlement of the insurance costs paid by the employer. The apparent error in the vacation issue favors the Union and the apparent error in the insurance costs favors the City. Because it seems obvious that the arbitration award was in error on these two items, I am recommending that the change in both items be made and the proposed contract reflects those changes. The proposed contract for 1986 -87 involves a 4.6% increase on the top patrol rate for 1986 and a 4.15% increase for 1987. For 1986 and 1 87 there are no changes for the specialists differential for such assignments as investigator and dog handler. In 1986 the award and contract calls for an increase of $28 per month in the pay differential for sergeants and no change in 1987. There are also changes in other provisions of the contract relating to such items as comp time, false arrest insurance, schedule duty changes, one additional holiday at time and one -half if officers work on that holiday, changes in the post board training provisions, $85 per year uniform maintenance allowance with a $275 year allowance for investigators' clothing, and new language to allow the City flexibility in establishing shifts which rotate. M & C NO. 87 -03 -2- February 19, 1987 I will report to you Monday night regarding whether or not the Union has signed the proposed contract and if they have, I can recommend it for your favorable consideration. We are handling the contract in a "rushed" manner because there were significant delays in receipt of the arbitrator's award. If we can get the contract approved Monday night, it will facilitate our closing our financial books for 1986 and not delay unnecessarily the backpay of our police officers who have been patient in this matter. Neither the Union nor the City sought these kind of delays, and unfortunately the time in getting the final award was extended because of the illness of the arbitrator. Respectfull submitted, Gerald G. Sp inter City Manager /0jq Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following amendment be made to Schedule I of the 1987 Employee Pos' Position and Class' Plan: Classification Schedule I is hereby amended by changing the City contribution per month for group health, life, and dental insurance from $165 to $175 for Law Enforcement Labor Services Local No. 82 employees and nonorganized City employees. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being aken thereon the following llowin voted in g favor thereof. and the following voted against the same: whereupon said resolution olution w as declared duly passed and adopted. Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -06 (DISEASED SHADE TREE REMOVAL), APPROVING PLANS AND SPECIFICATIONS THEREFORE AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1987 -D) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: DISEASED SHADE TREE REMOVAL PROJECT NO. 1987 -06 2. The accounting for the project shall be in the 3. The specifications for Contract 1987 -D for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 4. 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 specifications. The advertisement shall be published as required by law, specify the work to be done, 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 the City Hall by the City Clerk and City Engineer. Subsequently the bids will then be tabulated and will be considered by the City Council at a meeting of the City Council. The advertisement 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. 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 6301 SHINGLE CREEK PARKWAY OF B ROO F BROOKLYN CENTER, MINNESOTA 55430 C ENTER 561 -5440 ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: February 19, 1987 RE: Diseased Shade Tree Removal Program Project No. 1987 -06, Contract 1987 -D Attached is a resolution receiving this report, establishing the diseased shade tree removal Project No. 1987 -06, approving specifications and authorizing advertisement for bid for Contract 1987 -D. The diseased shade tree program administration was automated in 1986. There was a noticeable improvement in the contractor's performance. In 1985 the contractor was an average 13 weeks late on 58 trees. In 1986, after automation, the contractor was an average 1 week late on 2 trees. There were some complaints from property owners that expected stumps to be removed when the agreement indicated that the stump would be debarked. That problem was created by abbreviations used in the original notice and so the notice is being modified to better explain what will be done to the stump. We see another area where we can improve the diseased shade tree removal program. The area is shortening the time it takes to remove diseased shade trees from private property absent an agreement with the property owner. In the attached opinion, the City Attorney recommends that the City Council initiate the process by adopting a resolution that declares the diseased shade trees a public nuisance. There was a 5 day waiting period during which the property owner may contest the City Council determination. Then the City could remove the diseased shade tree. Less than 10 percent of the property owners fail to respond to the original notice that diseased shade trees must be removed. As a result, the removal of trees on these properties has taken 65 days or more. It can take 9 to 16 days before the resolution can be considered by the City Council. It can take up to 16 days to serve property owners with the notice, that they can contest the determination through a hearing. The attached timetable illustrates that delay. "" tsae ut -ua:tu arc ° r' February 19, 1987 Page 2 Normally, trees are removed 30 days after being marked. Even absent an agreement diseased shade trees could be removed if the above described delays are eliminated. The first delay can be eliminated if all diseased shade trees are declared to be a public nuisance. In other words, during the original notice period of 20 days, every diseased shade tree marked by the Tree Inspector would be identified and listed on Council resolutions that would declare these trees to be a public nuisance. This change eliminates the scheduling delay due to bi- weekly Council meetings. The second delay would be eliminated if the notice was hand- delivered by Police Department personnel (i.e. a Code Enforcement Officer). Personal service of the notice after the original 20 day notice period could save up to 16 days. These modifications could be implemented independently. Each would save approximately 2 weeks reducing the total process from 65 days to 36 days. Weather conditions have been optimal for the survival of the beetle. We would anticipate a larger program than in 1986. The actual size of the program will depend more on the amount of precipitation we receive during the summer of 1987. We believe the program will be larger than the 1985 program. The specifications provide that the Contractor "...shall be capable of removing any combination of trees with any combination of sizes that total at least 900 diameter inches of trees..." during each 14 day working period. On the basis of past experience, this anticipates the award of the entire contract to the lowest responsible bidder (the "primary contractor ") who can demonstrate this capability. However, we have provided additional language which allows the City to subsequently enter into contract with the other bidders (i.e. secondary contractors) based on their bid prices, if either of the following circumstances occur: Condition 1: if the primary contractor fails to complete work assigned within the 900 inch minimum requirement, within the 14 day period; or Condition 2: if the total volume of trees to be taken out within a given 14 day period is greater than 900 diameter inches, and the primary contractor is unable or unwilling to accept the responsibility for the excess. Under either condition the agreement with the secondary contractor(s) could only occur upon the mutual consent and written contract of the City and such contractor(s). And, the City would agree to reimburse such secondary contractor(s) for the cost of obtaining a payment bond and special insurance riders to cover the work completed under such contract. Under "Condition l" the additional costs incurred by the City would be backcharged to the primary contractor, while under "Condition 2" the additional costs would be the City's responsibility. February 19, 1987 Page 3 As noted above, we fully expect that all work would be done by the primary contractor. however, these specifications would allow the City to assign work to a secondary contractor, under the two conditions noted, without going through a time - consuming rebidding process, if the other bidder(s) are willing to accept the work under the terms provided. It is recommended that the City Council adopt the attached resolution establishing the project and approving specifications for the 1987 diseased shade tree removal program (Improvement Project No. 1987 -06, Contract 1987 -D). Resp ull ubmitted, App ed for Submittal, t H R. u ier Sy Knap p City g er Director of Public Works HRS:jn 87TREE.MEM S TREE REMOVAL TIMELINE EXISTING POSSIBLE REVISION -- - -- - -- ----------------- Day 1 Tree is Marked for Removal (Monday) Day 1 Tree is Marked for Removal (Monday) 2 2 3 3 4 4 5 5 6 6 7 7 8 Original Notice and Agreement to Owner 8 Original Notice 5 Agreement to Owner 6 9 Resolution Prepared for City Council 10 9 11 10 12 11 13 12 14 13 15 14 City Council Adopts Resolution 16 15 17 16 18 17 19 18 20 19 21 20 22 21 Alternate Date for CC to Adopt Resolution 23 22 24 23 25 24 26 25 27 26 28 27 29 City Council Meeting (Monday) 28 30 29 Notice of CC Determination Hand Delivered 31 (to those who have not responded to the 32 Original Notice) (Monday) 33 30 34 31 35 32 36 Resolution Prepared for City Council 33 37 34 38 35 5 Day Waiting Period Expires 39 36 Tree May Be Removed (Monday) 40 41 42 43 City Council Adopts Resolution 44 Notice of CC Determination Mailed to PO 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Undelivered Notice Returned to City 65 Tree May Be Removed LeFevere Lefler Kennedy O'Brien & Drawz A Profmsional 2000 First Bank Place West Augu s t 12 , 19 8 6 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Mr. H. R. Spurrier Telecopier (612) 333 -0540 City Engineer Clayton L. LeFevere City Of Brooklyn Center Herbert P. Lefler 6301 Shingle Creek Parkway J. Dennis O'Brien Brooklyn Center MN 55430 John E. Drawn y � David J. Kennedy John B. Dean Re: Diseased Shade Tree Removal Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Dear BO: Herbert P. Lefler III James J. Thomson, Jr. You have asked for an o pinion regarding p Thomas R. Galt P � g g pro er procedure Dayle Nolan for the City to follow when a property owner has failed Brian F. Rice to respond to any of the notices sent to him regarding John G. Kresse the Diseased Shade Tree Removal Pr and the tree must Lorraine S. Clugg g James M. Strommen be removed. It is my understanding that the City's first Aft Ronald H. Batty notice allowed twenty (20) days from the date of mailing rn P. Jordan V rt D f o r a icke) Minsberg P r 0 er P ty .owner to choose a method of removal of his J. Erickson diseased tree (s) . The second notice informed the owner William R. Skallerud that the tree was to be removed within ten days of the Rodney D. Anderson date of that notice. If not removed, the City would Corrine A. Heine John R. McDonald Jr. authorize its contractor to enter upon the property and David D. Beaudoin take the tree at- any time thereafter. Roughly fifty percent of the cost of removal would be assessed against the property pursuant to Chapters 18 and 429, Minnesota Statutes. It is my further understanding that except as a result of four noncomplying property owners, the City has removed all the targeted trees through mutually acceptable arrangements with the owner. The City's concern in removing trees from private prop- erty absent an agreement with the owner is one of due process. After P reviewing the law regarding due process in this area, I have concluded that three supportable procedures could be followed. The first is the most aggressive and should be used only with the knowledge that it is subject to challenge. The second is somewhat less expeditious, but is less subject to legal attack. I recommend its use. The third is the most cumbersome, but would virtually eliminate any reasonable due process issue. 1. Immediate removal The most aggressive position would be for the City to authorize immediate Mr. H. R. Spurrier August 12, 1986 Page 2 entrance on to the property and removal of the trees without further notice. This action would be supportable on two grounds: first, the owner has been sent two notices by mail and has not responded; and second, the Minnesota legislature has already declared that diseased shade trees constitute a nuisance requiring removal. Minn Stat S 18.023 Subd. la. (1986). Such notice and declaration by a legislative body is necessary. It is my understanding that the city council g y has not, as yet declared the trees to be a public nuisance. The state legislature's declaration through the statute may be sufficient. Thus, if the city council had previously declared these trees to be nuisances, the immediate removal of the trees would be even more supportable. To take this aggressive position, however, may create the kind of acrimony that would result in litigation. Then the City's major problem would be showing that it was not necessary for the City council to formally declare the trees to be a nuisance, thus giving the property owner an opportunity to contest that determination. An alternative argument would be that these diseased trees osed such h an imminent :threat that it was an emergency. In emergency situations a governmental body may take property without a hearing. 2. City Council Resolution Second and most prudent procedure involves a city council resolution declar- ing the remaining trees to be a nuisance followed by a short, e.g. five day period during which the property owner can contest that determination through a hearing. If the City receives no res- ponse, it may remove the trees and assess the property. This method satisfies the principle that ultimately the City's legislative body, not the tree inspector, must declare the nuisance. Minnesota Statutes Section 18.023 Subd. 2 provides in part that "Diseased shade trees which are not re- moved ... shall be declared a public nuisance and removed ... by the municipality ". 3. City Council Resolution and Court Order The most cautious method is identical to number 2 above and .c; ?-:..includes obtaining. ' a court order -from - Hennepin ., -.. , - - , - County District Cour. The court order would also declare that the trees are a nuisance and are to be removed by the municipality. This procedure would eliminate any reasonable challenge by the property Mr. H. R. Spurrier August 12, 1986 Page 3 owner. I don't believe, however, this additional step is necessary in light of existing statutory authority for the removal of diseased shade trees. Should you have any questions regarding this matter, please don't hesitate to contact me. I commend your prudently y cautious approach to this issue. More often than not such an approach oach is less costly PP t in the Y 9 run. Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIE DRAWZ ` Y � James M. Strommen 3/0007lt02.h37 q Minnesota Department of Transportation District 5 P���Q No. Lilac Drive OF TR Golden Valley, Minnesota 55422 February 10. 1987 (612) 593- 8403 Mr. Sv Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center. MN 55430 Re: S.P. 2735 -147 & 2755 -66 (T.H. 100) Bituminous Hill and Resurface From 36th Avenue North to 50th Avenue North Dear Hr. Knapp' I am writing to inform you of the resurfacing project we have scheduled on T.H. 100 this summer. The pro involves milling and overlaying the bituminous surfacing. The letting da is April 24, 1987. We anticipate work to start on or before July 6. 1987, with completion in 15 workinq days. It is our intent to work within the "Statewide Comprehensive Reconstruction and Maintenance Strategy" guidelines developed by the Minnesota Department of Transportation last _year. The main thrust of these guidelines is to complete road repair projects as soon as possible with a minimal amount of disrupton to traffic. In order to meet these guidelines, we see the need to work ni and weekends on this protect. Due to the concerns of everyone involved (drivers and area residents), we have made every effort to condense the time the contractor is allowed to complete this project. All of the work to be completed - under this contract may be d es crib e d escribrtl a38 "moving operations ". Completion of all work required will be done in 5 -6 separate moving operations per 12 foot lane. The average progress of each operation is 2.000 feet per hour per lane. Based on the previously stated progress rates. no single area along the project should be affected for more than 5 nights during the course of the project. Dave Miller is the Resident Engineer assigned this protect. Feel free to contact him at 593 -8475 if more information is desired. Sincerely / �4, ( _ /4� W. M. Crawford. E. District Engineer An Equal Opportunity Employer • ® 155 -c fle, CITY 6301 SHINGLE CREEK PARKWAY OF B ROO F BROOKLYN CENTER, MINNESOTA 55430 E r TELEPHONE 561 -5440 C NTREE EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: February 19, 1987 RE: MNDOT Plans for Revisions to the Traffic Management System Serving I94 and I94/694 MNDOT has submitted to our office for informational purposes, a copy of the preliminary plans for improvements to the traffic management system which serves I94 and I694. Our review of the plans and discussion with MNDOT staff indicates that the 2 significant changes to the system within Brooklyn Center include: Installation of a ramp control signal regulating the traffic on the high occupancy vehicle (HOV) land from Brooklyn Boulevard to eastbound I694 Installation of a large "changeable message sign" facing eastbound traffic at a location just west of the Brooklyn Boulevard bridge. In addition to the above noted improvements the plans also include numerous minor changes, maintenance improvements, and adjustments to the traffic management system serving the I94/I694 interchange area. This work is being done to improve the reliability of the system, to modify some of the operational characteristics of the system, and in anticipation of the proposed y I6 94 widening project which is anticipated to start in 1988. In addition to these changes within the City of Brooklyn Center the plans also include changes, additions and modifications to the traffic management system on I94 in Minneapolis and on I694 east of the Mississippi River. MNDOT has scheduled this project for bid letting on April 24, 1987, and they are requiring completion of this work during calendar year 1987. This information is submitted for review and discussion. No formal action by the City is required. Re 7epp u-"y tf submitted, Sy M --Z 19MALL-AA1fRKAC" Tr �a Licenses to be approved by the City Council on February 23, 1987: BULK VENDING LICENSE K -Mart 5930 Earle Brown Drive Sanitarian CATERING FOOD VEHICLE LICENSE Bridgeman's 6201 Brooklyn Boulevard /Yl r-- Sanitarian Z ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lions 6500 Humboldt Avenue N. Earle Brown PTA 5900 Humboldt Avenue N. p/y)�(�� Sanitarian H"2 MECHANICAL SYSTEMS LICENSE C.O. Carlson Air Conditioning Co. 1156 Aldrich Avenue N. Buil ng Official NONPERISHABLE VENDING MACHINE LICENSE American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Beacon Bowl 6525 Lyndale Avenue N. Cass Screw Company 4748 France Avenue N. Jimmy Jingle 1304 East Lake Street Brookdale Corporate Center 6300 Shingle Creek Pkwy. Johnson Control 1801 67th Avenue North Palmer Lake Plaza 6860 Shingle Creek Pkwy. K -Mart 5930 Earle Brown Drive Maranatha Conservative Baptist Home 5401 69th Avenue North I 'Y p/Y14Ih Sanitarian PERISHABLE VENDING MACHINE LICENSE American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Beacon Bowl 6525 Lyndale Avenue North Jimmy Jingle 1304 East Lake Street Brookdale Corporate Center 6300 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. TCR Corporation 1600 67th Avenue North Maranatha Conservative Baptist Home 5401 69th Avenue North Norcraft, Inc. 229 South 4th Street Brooklyn Center High School 6500 Humboldt Avenue N. T . Sanitarian READILY PERISHABLE FOOD VEHICLE LICENSE Bridgeman's 6201 Brooklyn Boulevard Sa Ted Burlingame 5919 June Avenue N. Sanitarian ZW RENTAL DWELLING LICENSE Initial: 0 Severin M. Chmielewski Humboldt Square Apartments Renewal: Invespro II Limited Partnership Columbus Village Apartments Village Properties Evergreen Park Manor Eugene Sullivan 5401 Brooklyn Boulevard Nelson S. Gregg 6715, 17 Humboldt Ave. N. William Shutte 6717, 19 Humboldt Ave. N. Julia Paulson 5315 Knox Avenue North Gary Scherber 4708 Lakeview Avenue N. Jerry & Karen Fobbe 4811 Lakeview Avenue N. Harold Swanson 7230 West River Road Harold Swanson 7250 West River Road Edward Sass 5103 Xerxes Avenue North Donald Kutz 6837 York Place Oien and Sullivan 3606 58th Avenue North Larry Pederson 5401 63rd Avenue North Ruth Kalanquin 5348 70th Circle Curtis Cady 1312 72nd Avenue North t1, Director of Planning and Inspection SIGN HANGERS LICENSE Nordquist Sign Company, Inc. 312 West Lake Street Build'ng Official SPECIAL FOOD HANDLING LICENSE C.O.M.B. Company 5425 Xerxes Avenue North Children's Palace #81 5900 Shingle Creek Pkwy. Gift Shop, Too (Holiday Inn) 1501 Freeway Boulevard T. Sanitarian GENERAL APPROVAL: ZY �" D. K. Weeks, City Clerk