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HomeMy WebLinkAbout1987 04-06 CCP Regular Session at CITY COUNCIL AGENDA • CITY OF BROOKLYN CENTER APRIL 6, 1987 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open 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 - March 23, 1987 - Regular Session 7. Final Plat: *a. R.L.S. for Construction 70, Inc. (Learning Tree Day Care Center) 8. Resolutions: a. Approving Design Concept for Community Center Improvements, Improvement Project No. 1987 -05 *b. Accepting Proposal for Heating System Improvement at Municipal Service Garage, arage, Im rovement Project No. 1987 - 07 p *c. Accepting Bids and Awarding Contract for Water Tower No. 1 Reconditioning, Improvement Project No. 1987 -02, Contract 1987 -B - Water Tower No. 1 is located at 69th Avenue and France Avenue North *d. Approving Agreement with Westwood Planning and Engineering Company to Provide Inspection Services and Construction Administration Relating to Earle Brown Farm Streetscape Improvement Project No. 1986 -21 (Contract 1986 -R - Street Lighting and Contract 1986 -5 - Landscape Plantings) e. Accepting Proposal for Additional Landscape Work on Civic Center Plaza, Improvement Project No. 1984 -10 i CITY COUNCIL AGENDA -2 April 6, 1987 f. Accepting Proposal for Installation of Semi-Automatic a is Sprinkler System for Flower Beds in Civic Center Plaza, Improvement Project No. 1984 -10 g. Accepting Work Performed under Contract 1984 -J, Civic Center Plaza, 10 a Improvement Project No. 1984 J h. Approving Change Order to Contract 1985 -C, Centerbrook Golf Course Improvement Project No. 1985 -23, Providing for the Placement of Sod in the Outfields of the Little League Fields *i. Accepting Quote and Authorizing the Purchase of Two Boxes and Hydraulics to be Mounted on Two Ford F -800 Trucks Appropriation approved in the 1987 Street Maintenance Budget. *j. Declaring Surplus Property -The items in this resolution are recommended for sale at the City auction to be held on April 25 1987. *k. Accepting Specifications and Authorizing Advertisement for Bids for One (1) Compact Cargo Van - Appropriation approved in the 1987 Animal Control Budget. *1. Approving Specifications and Authorizing Advertisement for Bids for Delivery of Four (4) Police Patrol Sedans - Appropriation approved in the 1987 Police _ Budget. M. Recogniting the Achievement of Bette R. McCready Ms. McCready swam 500 miles at the Community Center. n. Expressing Recognition of and Appreciation for the Dedicated Public Service of Mary Jane Gustafson o. Expressing Recognition of and Appreciation for the Dedicated Public Service of Pastor Carl J. Groettum 9. Ordinance: (7:30 p.m.) a. An Ordinance Amending Chapter 35 Regarding the Planning Commission -This item was first read on March 9, 1987, published in the City's official newspaper on March 19, 1987 and is offered this evening for a second reading. This item requires -a 4/5 vote of the Council. 1. Resolution Defining Duties and Responsibilities of the Brooklyn Center Planning Commission CITY COUNCIL AGENDA -3- April 6, 1987 10. Planning Commission Items: 7:45 .m. ( P ) a. Planning Commission Application No. 87006 submitted by Willard Blake requesting special use permit approval for a retail showroom of electronic equipment in the I- 1 (Industrial Park) zoning district. This application was tabled by the Planning Commission at the March 12, 1987 meeting, and was recommended for approval by the Planning Commission at its March 26, 1987 meeting. 11. Discussion Items: a. House File 1124, Removal of Local Authority for Commercial- Industrial Property 1. Resolution Regarding House File 1124 Pertaining to Removal of Responsibility and Authority for the Assessment of Commercial and Industrial Property from the Local Assessor b. Request to Transfer Old Chairs to Liquor Stores and Fire Department Instead of Declaring Surplus Property 1. Resolution Amending the 1987 General Fund Budget c. Public Utilities Rate Study -This item is continued from the March 23, 1987 City Council meeting. d. Temporary Restraining Order Relating to Contract 1987 - E, Improvement Project No. 1987 -03, Brookdale 16" Water Main Improvement 12. Gambling License for Duoos Brothers American Legion Club i *13. Licenses 14. 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 MARCH 23, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Bo Spurrier, Public Works Coordinator Joe Oster, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM Mayor Nyquist noted that he had received one request for Open Forum, but the topic pertained to an agenda item and he would like to hold the request over until that particular agenda item. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Lhotka requested that item 9e be removed from the Consent Agenda. APPROVAL OF MINUTES - LARCH 9 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the March 9, 1987 City Council meeting. The motion passed unanimously. PROCLAMATION Councilmember Scott introduced the following proclamation and moved its adoption: DECLARING MAY 27, 1987 AS WOMEN ENTREPRENEURS: PARTNERS WITH GOVERNMENT AND INDUSTRY DAY The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -52 Member Celia Scott introduced the following resolution and moved its adoption: 3 -23 -87 _1_ A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1987 - 06, DISEASED SHADE TREE REMOVAL PROGRAM, CONTRACT 1987 -D The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -54 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) HEAVY DUTY INDUSTRIAL TRACTOR AND LOADER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -55 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF STEEL MESH FENCING AT NORTHPORT PARK The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE LICENSE D.V.M. Inc. 119 State Street Green Mill Inn 5540 Brooklyn Boulevard FOOD ESTABLISHMENT LICENSE T.J. Applebee's Brookdale Center Bakers Square 5601 Xerxes Avenue North Baskin Robbins 1277 Brookdale Center Big Boy 5440 Brooklyn Boulevard Brookdale Cinema 5801 John Martin Drive Brookdale Covenant Church 5139 Brooklyn Boulevard Brooklyn Center Athletic Boosters 5620 Humboldt Avenue North Denny's Restaurant 3901 Lakebreeze Avenue North Duke's Standard 6501 Humboldt Avenue North I 3 -23 -87 -2- i I Earle Brown Bowl 6440 James Circle Fanny Farmer Candy Shop Brookdale Center Kim Fung 5704 Morgan Avenue North Green Mill Inn, Inc. 5540 Brooklyn Boulevard Ground Round, Inc. 2545 County Road 10 Hiway 100 N. France Health Club 4001 Lakebreeze Avenue N. Holiday Inn 1501 Freeway Boulevard Jerry's Brookdale Super Valu 5801 Xerxes Avenue North Kentucky Fried Chicken 5512 Brooklyn Boulevard Korean Presbyterian Church 6830 Quail Avenue North Lynbrook Bowl, Inc. 6357 North Lilac Drive Northwest Residence 4408 69th Avenue North Nutrition World 1271 Brookdale Center 1 Potato 2, Inc. Brookdale Center Orange Julius Brookdale Center Red Lobster Restaurant 7235 Brooklyn Boulevard Rocky Rococo 1267 Brookdale Center St. Alphonsus Church 7025 Halifax Avenue North Sears, Roebuck and Co. Brookdale Center Super America #4160 6545 West River Road Super America #58 1901 57th Avenue North Thrifty Scot Motel 6445 James Circle Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. GARBAGE AND REFUSE HAULER'S LICENSE Crosstown Sanitation P.O. Box 41543 ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center American Legion Evergreen Park Brooklyn Center High School 6500 Humboldt Avenue N. MECHANICAL SYSTEMS LICENSE Able Mechanical Services 8701 Hillswick Trail Aer, Inc. Box 1146 All Season Comfort, Inc. 55 Mound Street Allan Mechanical, Inc. 6020 Culligan Way American Burner Service 601 North Prior Avenue Blaine Heating, Air Cond. & Elec. 13562 Central Avenue NE Dependable Heating & Air Cond, 2619 Coon Rapids Blvd. Ditter, Inc. 3570 Kilkenny Lane Environ -Con, Inc. Box 1351 General Sheet Metal Corp. 2330 Louisiana Avenue N. Harris Mechanical Contracting Co. 2300 Territorial Road Horwitz Mechanical, Inc. 5000 North County Road 18 J.K. Heating Company 2050 White Bear Avenue Midwestern Mechanical Corp. 9103 Davenport Street NE Modern Heating & Air Cond., Inc. 2318 First Street NE Noel's Heating & Air Cond., Inc. 4920 Zachary Lane Riccar Heating 3095 162nd Lane NW Sedgwick Heating & Air Cond. 8910 Wentworth Avenue S. Snelling Mechanical 1402 Concordia Avenue Standard Heating & Air Cond. Co. 410 West Lake Street 3 -23 -87 -3- Superior Contractors, Inc. 6121 42nd Avenue North Ray Welter Heating Co. 4637 Chicago Avenue Yale, Inc. 9649 Girard Avenue S. NONPERISHABLE VENDING MACHINE LICENSE Bro- Midwest Vending 8850 Wentworth Avenue S. American Legion 4307 70th Avenue North Highland Superstore 5951 Earle Brown Drive RENTAL DWELLING LICENSE Initial: John L. Trowbridge 7229 Camden Avenue N. George Hanson 1510 69th Avenue N. Renewal: Miller Management Co., Inc. Willow Lane Apartments Luann Falenczykowski 6000 Abbott Avenue N. Boyer Palmer 6101 Beard Avenue N. C.C. Hogen 5030 Brooklyn Boulevard Curtis and Audrey Cady 6915 Brooklyn Boulevard Earl James Backer 7018 Brooklyn Boulevard Richard Olson 5818 Humboldt Avenue N. Roland Scherber 4714 Lakeview Avenue N. Richard Bergstrom g m 5400 Russell Avenue N. Julie and Sharon Haugen 4806 Twin Lake Ave. N. Joseph Veidel 7104 Unit Avenue N. Raymond and Unit Betty Anderson ym y 7113 Willow Lane Robert and Patrician Bob leter 4807 Win g and Place Catherine Shefeluk 3018 .51st Avenue N. Leo J. Vogel 1 g 2841 67th Lane SIGN HANGER'S LICENSE Leroy Signs, Inc. 6325 Welcome Avenue N. SWIMMING POOL LICENSE Brookwood Estates 6201 North Lilac Drive Chippewa Park Apartments 6507 Camden Avenue N. Columbus Village Apartments 507 70th Avenue North Earle Brown Farm Apartments 1701 69th Avenue North Evergreen Park Manor 7200 Camden Avenue N. Four Court Apartments 2836 Northway Drive Garden City Court Apartments 3407 65th Avenue North Hiway 100 North France Health Club 4001 Lakebreeze Ave. N. Holiday Inn 1501 Freeway Boulevard Moorwood Homeowners Association 5809 Lake Curve Lane North Lyn Apartments 6511 Humboldt Ave. N. Northbrook Apartments 1302 69th Avenue N. The motion passed unanimously. 3 -23 -87 -4- PRESENTATIONS M NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Mayor Nyquist recognized Mary Cayan, Executive Director for the Northwest Hennepin Human Services Council. Ms. Cayan introduced the members who represented Brooklyn Center and noted that Geralyn Barone is the staff liaison to the Northwest Hennepin Human Services Council; Fran Gunberg and John Casey are the citizens from Brooklyn Center on the Advisory Commission; and David Wagner is the Planner and Emergency Services Coordinator. She went on to briefly review the municipal profile which had been given to Councilmembers for their review. She stated that on page 11 the benefits which the City receives from this commission are listed. She then introduced David Wagner who went on to explain and review the different samples of data collected. Councilmember Theis stated according to the graphs and the other information presented, it appears that Brooklyn Center receives more than its proportionate share of services. Mr. Wagner stated from the graph it appears that Brooklyn Center does receive more than its share, but that to receive a clearer picture the information should be broken down into s. er capita groupings. P P g P g HRA Coordinator Brad Hoffman entered the meeting at 7:17 p.m. Mayor Nyquist inquired Y YQ Q if the Council is currently meeting the needs for financing through government or public /private partnerships. Mr. Wagner stated most of the Council's financing comes from Hennepin Count Mayor Ny P Y Y YQ stated that he would like to see solutions for financing needs explored in the private sector as much uch as possible. Mayor Nyquist thanked Ms. Cayan and the other members of the Council for bein resent this evenin at the Cit Council meeting. 0 gP g Y CHARTER COMMISSION - RETIRING MEMBER Mayor Nyquist stated he would like to present a plaque to Ernest Erickson recognizing g his service on the Charter r Commission. He noted that Mr. Erickson served on the Charter Commission from 1979 until 1987. Mr. Erickson thanked the Mayor and Councilmemberis . RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract for Improvement Project No. 1986 -21, Earle Brown Farm Streetscape Improvement Project, Phase III, Streetscape Lighting, Contract 1986 -R. The City Manager noted staff is recommending approval of the resolution awarding the contract to Kilmer Electric Company due to the incorrect bid security being submitted from the apparent low bidder. He added that a second resolution has been prepared in the event the Council does wish to award the contract to the apparent low bidder, McNerney Industries. The Director of Public Works stated the staff recommendation is based on the original bid security discrepancy and stated after much staff investigation he would recommend that the Council not waive the irregularity and reject the low bid and award the contract to the second low bidder. He stated that the lowest bidder did know in advance of the error in the bid security and chose not to correct it. 3 -23 -87 _S_ Councilmember Hawes inquired if the City has ever awarded a contract to McNerney Industries. The Director of Public Works stated the City has not awarded a contract to McNerney Industries in the past, and added that staff had checked the references submitted with the bid. He stated McNerney Industries is relatively new in this field and that some problems had been noted from the references checked. He added these problems had been corrected and the other cities would be happy to award a contract to him again. Councilmember Theis noted if the bid security had been sufficient the staff would be recommending award to McNerney Industries. The Director of Public Works responded affirmatively. Councilmember Theis stated that the error on the bid security does not appear to be significant enough to show that McNerney Industries has an unfair advantage over the other bidders and he would recommend award to McNerney Industries. Councilmember Lhotka inquired if McNerney Industries had indicated why they did not attempt to change the error in the bid security before the bid was submitted. The Director of Public Works stated he has not received any comment from McNerney Industries. Councilmember Lhotka stated that he agrees with the staff recommendation and if a bidder chooses not to follow the bid specs provided, he should not be awarded the contract. Councilmember Lhotka noted that the dollar difference for the bid security was not that great and he could not see why the correction was not made. The Director of Public Works stated apparently McNerney Industries assumed that the irregularity would be waived by the Council. Mayor Nyquist stated if the bidder is sloppy in submitting his written bid he may also have a poor quality of work. The Director of Public Works stated that staff is also concerned about that. The City Manager stated if the Council were to make it their policy to waive irregularities quite often, then it would be possible that no bidder would submit a correct bid assuming that the Council would waive the irregularity. Councilmember Scott stated she feels the bid security condition is equal in importance to everything else in the bid specs, and that if the bidder cannot comply with the P y bid security does not meet y specs. Councilmember Hawes stated he agrees with the basic remarks that have been stated by the other Councilmembers, but noted the difference is so small he cannot see denying the award for $900. He added if the Council awarded the contract to McNerney Industries, McNerney Industries should raise the bid security to the required 5 %. Councilmember Lhotka inquired if the Council has ever denied a contract due to insufficient bid security. The Director of Public Works stated the Council has never rejected a bid due to insufficient bid security. He noted that Council and staff has always required very strict compliance to the written specifications. There was a motion by Councilmember Theis to approve the resolution waiving the irregularity in bid security and award the contract to McNerney Industries. 3 -23 -87 -6- The Director of Public Works stated that under this resolution the contractor would be given until March 25, 1987 at 4:30 p.m. in which to provide bid security meeting the full requirements of the specifications. He stated he would like to hear the City Attorney's opinion on this matter. The City Attorney stated he felt careful consideration had been given to both sides of this issue, and that either resolution the City approves would stand up in court. He noted that this bid irregularity is quite different from the irregularity mentioned later in the agenda. He stated McNerney Industries knew of the defect and chose not to change the bid before it was submitted. He stated in the other bid award there was no ambiguity and that the error was basically a typographical error. Councilmember Hawes seconded the motion to waive the irregularities of the bid security submitted by McNerney Industries and to award the contract to McNerney Industries. Mayor Nyquist called for a roll call vote on this item and upon vote being taken thereon, the following voted in favor thereof: Councilmembers Hawes and Theis; and the following voted against the same: Mayor Nyquist, Councilmembers Scott and Lhotka. The motion failed. RESOLUTION N0. 87 -56 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1986- 21, EARLE BROWN FARM STREETSCAPE IMPROVEMENT PROJECT, PHASE III STREETSCAPE LIGHTING, CONTRACT 1986 -R The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmembers Hawes and Theis opposed. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 Regarding the Planning Commission. He stated this item was first read on February 23, 1987, published in the City's official newspaper on March 5, 1987 and is offered this evening for a second reading. He noted this item has been amended since the first reading and staff is recommending denial of this ordinance amendment. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Regarding the Planning Commission, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 Regarding the Planning Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny An Ordinance Amending Chapter 35 Regarding the Planning Commission. The motion passed unanimously. 3 -23 -87 -7- The City Manager presented 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. He noted this item was first read on February 23, 1987, published in the City's official newspaper on March 5, 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 Chapter 29 of City Ordinances to Bring Existing Terms of Office of the City Council into Conformance with the Amended City Charter, and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Phil Cohen who read a letter prepared by the Citizens for Better Government regarding the proposed ordinance change. Councilmember Lhotka inquired if this statement was prepared by the entire body of the Citizens for Better Government or the Board of Directors. Mr. Cohen stated this statement was prepared by the Board of Directors. Mayor Nyquist inquired if anyone else 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 Lhotka and seconded by Councilmember Hawes to close the public hearing on 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 motion passed unanimously. Councilmember Theis stated he is very comfortable voting for the extension of his term of office because it is only one year and asked that the other Councilmembers take into consideration their length of extensions. ORDINANCE NO. 87 -02 Member Gene Lhotka introduced the following ordinance and moved its adoption: 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 motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed with Councilmember Scott opposed. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 87001 SUBMITTED BY CONSTRUCTION 70 INC. LEARNING TREE DAY CARE CENTER) REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A DAY CARE CENTER IMMEDIATELY SOUTH OF THE OFFICE BUILDING AT 6040 EARLE BROWN DRIVE AND PLANNING COMMISSION APPLICATION N0. 87002 SUBMITTED BY CONSTRUCTION 70 INC. REQUESTING PRELIMINARY R L S APPROVAL TO SUBDIVIDE INTO TWO TRACTS THE PARCEL OF LAND ON EARLE BROWN DRIVE BETWEEN THE PARK NICOLLET MEDICAL CLINIC AND THE OFFICE BUILDING AT 6040 EARLE BROWN DRIVE 3 -23 -87 -8- a The City Manager noted these two applications were originally considered b the PP y Planning Commission on January 15, 1987 at which time the Planning Commission tabled both applications, and approval was given by the Planning Commission at its March 12, 1987 meeting. The Director of Planning & Inspection referred the Mayor and Councilmembers to pages one through three of the March 12, 1987 Planning Commission minutes and the attached informational sheet with those minutes. He noted the minutes and informational sheet prepared for the January 15, 1987 Planning Commission meeting were also in the packet. He stated the property in question is zoned C2 and that this use would be considered a special use in a C2 zone. He briefly reviewed the original plan submitted under Application No. 87001, and noted the changes which the Planning Commission had recommended at the January 15, 1987 meeting. He went on to review Application No. 87002 and noted that the original site is 3.96 acres, and would be broken into two tracts of land with Tract A being .884 acres and Tract B 3.025 acres. He stated the Planning Commission recommended approval of Application No. 87001 subject to 16 conditions which he reviewed for the Council. He added that Application No. 87002 was also recommended for approval subject to four conditions which he reviewed for the Council. He stated a public hearing had been scheduled on both applications, and he felt the public hearings could be held concurrently. Councilmember Lhotka asked to see the site plan and elevations for the project. After some review, he stated that he would be more comfortable with the project if the exterior material would be more compatible with the surrounding buildings. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 87001 and 87002 submitted by Construction 70, Inc. Mayor Nyquist recognized Gene Peterson, representative of the Learning Tree Day Care Centers. Mr. Peterson stated a brick exterior could be used to make the building more compatible with the surrounding buildings. Councilmember Theis stated that he too would like to see brick used as the exterior material. Mayor Nyquist inquired�if there was anyone else present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 87001 and 87002 submitted by Construction 70, Inc. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 87001 submitted by Construction 70, Inc. Learning Tree Day Care Center requesting site and building plan and special use permit approval to construct a day care center immediately south of the office building at 6040 Earle Brown Drive, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. • 3 -23 -87 -9- , 2. Grading drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3 A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property prior to release of the performance guarantee. 10. Plan approval acknowledges a proof -of- parking for up to 30 parking spaces. The applicant shall execute an agreement, as approved by the City Attorney, to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the property prior to the issuance of building permits. 11. The plans shall be modified to provide a minimum 4' high wood fence, per ordinance requirements, between the play area and the driving and parking area. 12. The screen fence along the east side of the toddler area shall be a minimum of 8' and may "step down" to 5' along the south property line. 13. Roof drainage shall be collected and conveyed to the storm sewer in a manner approved by the City Engineer. 14. The special use permit is issued for a group day care facility only. No other special use is acknowledged by the approval. 15. The special use permit is subject to all applicable codes, ordinances and regulations including licensing by the state, any violation thereof shall be grounds for revocation. 16. A copy of the operating license for the facility shall be kept on file with the City. 3 -23 -87 -10- 17. The plans shall be modified prior to the issuance of building permits to provide a brick exterior treatment around the entire building rather than the 5/8" cedar plywood exterior shown on the plans. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87002 submitted by Construction 70, Inc. requesting preliminary R.L.S. approval to subdivide into two tracts the parcel of land on Earle Brown Drive between the Park Nicollet Medical Clinic and the office building at 6040 Earle Brown Drive, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a utility maintenance agreement prior to release of the final R.L.S. for filing. 4. The existing nonconforming sign located near the northeast corner of the proposed Tract B shall be removed prior to release of the final R.L.S. for filing. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8 :39 p.m. PLANNING COMMISSION APPLICATION NO 87005 SUBMITTED BY UHDE /NELSON INC REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 10,000 SO FT 2 STORY OFFICE BUILDING AT 7213 BROOKLYN BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its March 12, 1987 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages three through five of the March 12, 1987 Planning Commission minutes and the informational sheet attached with those minutes. He noted the property is zoned Cl and that this development is a permitted use within the Cl district. He d ad ed the development plan has been P reviewed by the Shingle Creek Watershed Management Commission. The Director of Planning & Inspection went on to review the 14 conditions recommended for approval for Application No. 87005; and noted that a public hearing is not scheduled for this application because it is a permitted use in the Cl zone. Councilmember Scott inquired if the parking formula used for this building was the standard office formula or medical /dental office formula. The Director of Planning & Inspection stated that the standard office parking formula was used for this development. He noted if it were a medical /dental office development more parking spaces would be required. Councilmember Scott inquired if the City 3 -23 -87 -11- can require more parking spaces if a medical or dental use goes into the building. The Director of Planning & Inspection stated that staff could control the usage and parking spaces when permits for tenant improvements were issued. Councilmember Scott inquired what the Director of Planning & Inspection meant when he said this would be a "one hour .construction" building. he Dire g ctor of Planning & Inspection stated ed this term rm has to do with the period of time it takes for a fire to spread from one office or room to the next. Councilmember Lhotka inquired what the applicant planned to do with the south side of Shingle Creek. The Director of Planning & Inspection stated that the applicant plans to leave this area in a natural state. Mayor Nyquist inquired where the trash disposal area would be located. The Director of Planning & Inspection stated he was not certain what the applicant's plans were at this time. Dave Nelson, the applicant, stated he would have to work with the architect on an appropriate area and screenings for the trash disposal area. The Director of Planning & Inspection asked Mr. Nelson if a decision had been made regarding the exterior treatment for the building. Mr. Nelson stated the minimum exterior treatment would be a brick face, but that he would prefer to install a small aggregate type facing on the building. He stated this depends upon the availability of the stone and the cost of it. Councilmember Lhotka stated he would like to review the aggregate material before it is approved for the building. There was a motion b Councilmember y Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 87005 submitted by Uhde /Nelson, Inc., subject to the following conditions: 1. Building Plans are subject to review and approval b the Buildin g Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. t 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 3 -23 -87 -12- 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built utility survey of the property prior to release of the performance guarantee. 10. Plan approval acknowledges proof -of- parking for up to 50 parking spaces. The applicant shall execute an agreement, as approved by the City Attorney, to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the title to the property prior to the issuance of building permits. 11. The plans shall be modified prior to the issuance of building permits in the following manner: a) The landscape plan shall be modified to replace the three large shade trees west of the building with either decorative trees or shrubs. b) The drainage la III g plan shall be modified to show a sediment control plan consistent with the requirements of the Shingle Creek Watershed Management Commission. 12. The applicant must pp obtain a ermi p t from the Department of Natural Resources prior to the commencement of any site work in protected water areas. 13. The applicant shall provide an appropriate easement as approved by the Shingle Creek Watershed Management Commission, over new water detention areas. 14. The property owner shall enter into a utility maintenance agreement prior to the issuance of building permits. 15. The applicant shall provide a sample of the exterior treatment, which shall be either stone or brick, for review by the City Council prior to the issuance of building permits for the project. The motion passed unanimously. RESOLUTIONS CONTINUED The City Manager presented y g p ted a Resolution Accepting Bid and nd Awardin Contract r g g act for Improvement ovement Project No. 1987 -03, Brookdale 16" Water Main Improvement, Lions s Park to County Road 10, Contract 1987 -E. The Director of Public Works reviewed for Councilmembers the memorandum submitted for their consideration regarding this item. He noted the proposal submitted by the apparent low bidder had an error in the written unit price. He stated that the extended total price for the line item appears to be within the range of the other bids, and the extended total price for this item is also reflected on the total bid price for the entire project. The Director of Public Works stated he has reviewed this matter with the City Attorney, and it is his recommendation that the contract be awarded to 0 & P Contracting, the low bidder. 3 -23 -87 -13- Mayor Nyquist recognized Jeff Appelquist, from the Fabyanske Law Firm, who stated he was present this evening representing the Northdale Construction Company which is the second low bidder for this project. Mr. Appelquist likened this contract to a recent court case in which the project engineer had no discretion to alter the unit price. He noted in the City's case the project engineer had to rely on outside information to determine that the unit price of $12 per linear foot was 0 & P's intended unit price versus the $1,200. Councilmember Theis stated the bidding laws are set up for the protection of the City, and that the Council does have a right to waive a regularity and informalities. The City Attorney noted the error appears to be simply a typographical error or a misplaced decimal. He noted leaving the unit price at $1,200 per linear foot would give the total bid an absurd result, and the unit price would be 100 times the usual price. He noted there is no way the low bidder can take advantage of this error in the bid. RESOLUTION NO. 87 -57 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1987- 03, BROOKDALE 16" WATER MAIN IMPROVEMENT, LIONS PARK TO COUNTY ROAD 10, CONTRACT 1987 -E The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Transfer of Community Development Block Grant Funds to Hennepin County for Three (3) Housing and Redevelopment Grants. Councilmember Lhotka inquired where these three homes were located in Brooklyn Center. The HRA Coordinator stated that the homes were three single family homes and the addresses were not available at this time. He noted the Council would be receiving more information as to the improvements for each home as is done in all grants. RESOLUTION NO. 87 -58 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO HENNEPIN COUNTY FOR THREE (3) HOUSING AND REDEVELOPMENT GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with Funk Animal Hospital for Care of Impounded Animals. Councilmember Theis inquired how this present situation is working with the animals. The City Manager stated there appears to be less complaints using this method of animal control. RESOLUTION NO. 87 -59 Member Rich Theis introduced the following resolution and moved its adoption: i 3 -23 -87 -14- RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FUNK ANIMAL HOSPITAL FOR CARE OF IMPOUNDED ANIMALS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS RECOMMENDATION FROM THE RIVER RIDGE PARK COMPREHENSIVE PLAN AD HOC COMMITTEE The City Manager stated that after much review the River Ridge Park Comprehensive Plan Ad Hoc Committee is recommending approval of the draft plan submitted by the Suburban Hennepin Regional Park District. Councilmember Scott stated she feels the people in this neighborhood have been through quite a bit in the last three years and they deserve to have a final decision made tonight. She stated this decision should be made to allow the residents to go on with plans for the future. Mayor Nyquist recognized Bob Ellingson, a Commissioner on the Suburban Regional Park Board. He noted regional parks are usually not created by the legislators but from the regional ark commissioners. g P He stated at this point there are $1.5 million available for acquisition of homes and property for the park, but it is unlikely additional funding will be available for quite a while. He added the park system does not generally like to condemn property and that only five properties have been condemned in the past 20 years. He stated even if the Council were to approve the park plan this evening, it could be a long time before the park actually becomes a reality. Councilmember Scott stated Mr. Ellingson's remarks indicate that the City had no more idea of this park plan than the citizens of Brooklyn Center. Mayor Nyquist stated he was quite concerned with the fact that the property could be sitting there for a number of years without a park being developed or tax revenues being given to the City. Mayor Nyquist recognized Mike Henry from the Suburban Hennepin Regional Park District who stated the priorities for funding are established by the Metro Council. He stated the park plan would have to stand on its own feet and it would be put in the pot along with all the other projects from the Metro Council. He added it is unknown how high it would rank in the priorities. Councilmember Theis inquired if the priorities have been established for this year's funding. Mr. Henry responded affirmatively and noted that some adjustments would be made if the amount of funding were cut. Councilmember Hawes stated he would like to see this area included in the regional park plan at a future date. He noted he did not want to push residents out of their homes, and would prefer to see the cost for the park spread out among all of Hennepin County not just Brooklyn Center. He stated that in his opinion it did not matter how long it takes for the park to become a reality. Councilmember Lhotka stated he had no doubt that everyone believes this area would be very good for parkland, but no matter what happens Brooklyn Center will end up paying for it. He stated Brooklyn Center will end up paying for the 3 -23 -87 -15- development of the park if it is not a regional park or they will end up paying y in the lost taxes while the property sits waiting for the regional park to become a reality. He stated if the land is not included now in the regional park plan it is unlikely that it will be included at a later date. The City Manager noted the regional park in this area is basically a link in the trailway system. Councilmember Scott stated the question before the Council this evening appears to be does the Council agree with the present Comprehensive Plan which states a park should be in this area. Mayor Nyquist stated he sees the issue as much larger than just agreeing with the Comprehensive Plan. He stated before he could approve it he would need to know some implementation and completion dates. He stated he is very concerned with the property sitting there vacant, off the tax rolls, for up to 25 years. Councilmember Scott stated that she believed it would be impossible to give any type of completion date when the funding is unsure at this point. Mayor Nyquist stated he would have to have some idea of a completion date before he can vote for the project. Councilmember Theis stated he agrees with the Mayor's concerns regarding vacant property and the loss of taxes. Councilmember Lhotka inquired if a plan could be put together specifying a completion date. Mayor Nyquist inquired if the City Council were to approve the plan and agree to condemnation proceedings, when could the Suburban Hennepin Regional Park District have this park completed. Mr. Henry stated he had no way of answering that question because even if the City approves the park plan and the condemnation proceedings, the Suburban Hennepin Regional Park District would still need funding. Councilmember Hawes inquired what the Suburban Hennepin Regional Park District would propose to do with any property which is sold. Mr. Henry stated the structure would be taken down and the property would be restored to its natural state. Mayor Nyquist recognized Tony Schmidt, 5500 Lyndale Avenue North. Mr. Schmidt stated there was no question in his mind whether the residents of Brooklyn Center would like this area as a park. However, he stated the Council should review the area and ask itself, is the area really a park or only a link for a trailway system. He added that the draft plan which is before the Council this evening is exactly the same plan which the Council rejected one year ago based on the same facts as they have today. He also inquired if Brooklyn Center had to pay for the park what would the Council's decision be this evening. Councilmember Scott stated she does not appreciate the position which the State - Legislature and the County have put the City of Brooklyn Center in, but she does feel the Comprehensive Plan is correct and that a park should be developed for this area. RESOLUTION NO 87 -60 RESOLUTION APPROVING THE DRAFT PLAN OF THE NORTH REGIONAL PARK STUDY /PLAN DATED JUNE 12, 1986 SUBJECT TO CERTAIN CONDITIONS There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the resolution approving the draft plan of the North Regional Park Study /Plan dated June 12, 1986, subject to certain conditions. 3 -23 -87 -16- Mayor Nyquist inquired if the resolution could be amended to add a fifth condition which could read "the Suburban Hennepin Regional Park District commence negotiations with funding agencies to assure the development of the portion of the North Mississippi Regional Park within Brooklyn Center within ten years of the date of this resolution ". Councilmember Scott and Councilmember Hawes both agreed to this amendment. An unidentified resident inquired what the ten year deadline would mean to the residents. Mayor Nyquist stated hopefully by placing a ten year date it would ensure that definite plans are made for the park. Mr. Schmidt stated that he believes Minneapolis should develop their portion of the park first and it could expand into Brooklyn Center at a later date. Upon vote being taken on the foregoing resolution, the following voted in favor thereof: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis; and the following voted against the same: Councilmember Lhotka. The motion passed. PUBLIC UTILITIES RATE STUDY The Director of Public Works stated that he would like to briefly review the report which was prepared for the Council regarding the recommended adjustments to the public utility rates. After reviewing the three options for Councilmembers, he noted that option A would not be an acceptable alternative because the City's reserve would be depleted. He stated option C is also an unlikely alternative because there would be substantial rate increases and the reserve would be raised to quite a high level. Therefore, option B is the recommended alternative, and it would give the City and its citizens reasonable utility rates and yield a reasonable reserve level to the City of Brooklyn Center. Councilmember Theis inquired why staff is recommending increasing the late penalty charge by 400 %. The Director of Public Works stated the late penalty charge has been at $1 for quite a long time. He noted that this $1 charge does not get the result or attention that a higher rate will receive. By placing a higher rate on the late charge there would be less delinquent accounts. Councilmember Theis stated it appears there would be substantial rate increases over the next three years, and he believes this is too short of a time to increase the rates. Councilmember Lhotka noted he is also concerned regarding a price increase each year. The City Manager pointed out that staff is recommending an increase for only three years, not every year from 1987 on. The Director of Public Works stated the Council could adopt a resolution establishing a rate schedule for the next three years at which time a review could be done and future rates could be established if an increase were still needed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table the Public Utilities Rate Study until the April 6, 1987 City Council meeting. The motion passed unanimously. The City Manager reminded Councilmembers if they had any questions or concerns regarding this issue they should contact him so that information- could be collected before the next Council meeting. 3 -23 -87 -17- GROUND WATER PROTECTION BILL /LOCAL EROSION AND SEDIMENT CONTROL BILL The City Manager stated that since the agenda packet had been prepared on Friday, new information had been received on this item and the original bills have been pulled and replaced with a new proposed bill. He stated the staff recommends adoption of the resolution prepared for the Council expressing the Council's concerns and dissatisfaction regarding this proposed bill. RESOLUTION NO. 87 -61 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO PROPOSED LEGISLATION FOR A METROPOLITAN GROUND WATER STUDY AND PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RECOMMENDATION BY PARK AND RECREATION COMMISSION TO TELEVISE THEIR COMMISSION MEETINGS ON CABLE TELEVISION Mayor Nyquist inquired what the purpose of televising the Park and Recreation Commission meetings on cable television is. Bud Sorenson from the Park and Recreation Commission stated that he views it as a starting point to televising all Commission, Council, and Ad Hoc Committee meetings on cable TV. He stated the minutes present only the hard facts but do not convey all the information regarding how the Council or Commissions actually feel regarding an issue. Councilmember Theis inquired if staff has looked into what is involved in televising these types of meetings. The City Manager stated that a number of communities are using the community access channel for televising their meetings, but substantial improvements would have to be made to the meeting room for audio and lighting consideration. He noted this would not be an inexpensive process and that even though the televising portion could be started with volunteers, eventually part -time employees would have to be hired to handle the televising of meetings. Mr. Sorenson stated that he feels the audio portion of the program is much more important than the video portion. The City Manager stated after talks with the City of Crystal it is their opinion that if the video portion of the program is of poor quality they have fewer viewers. Mr. Sorenson stated at the very least he would like to see the agendas for the meetings appear on cable TV. There was a general consensus among Councilmembers that agendas for the various Commission and Council meetings should be placed on cable TV. The City Manager stated he would develop some estimates regarding the needed improvements for televising meetings on cable TV for the May 18, 1987 City Council meeting. 1987 - 1989 MAMA 49 MASTER AGREEMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the 1987 to 1989 MAMA 49 Master Labor Agreement. The motion passed unanimously. 3 -23 -87 -18- ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:14 p.m. City Clerk Mayor i 3 -23 -87 -19- 70-1 OF CITY 6301 SHINGLE CREEK PARKWAY B ROOKLYN 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: April 2, 1987 RE Final RLS - Learning Tree Site Mr. Bert Bisbee, representative of C.W.I., developer of the above referenced RLS has petitioned the City ouncil to approve the final RLS of the Learning y PP g Tree site. The land is located . between the office building at 6040 Earle. Brown Drive and the Park Nicollet Medical Center at Summit and Earle Brown Drive. Conditions proposed for the preliminary plat b y y the City Council, at its March 23, 1987 meeting, are as follows: 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a utility maintenance agreement prior to release of the final RLS for filing. 4. The existing nonconforming sign located near the northeast corner of the proposed Tract B shall be removed prior to release of the final RLS for filing. Of the conditions above No. 1 and 2 have been met. Accordingly, we recommend approval of the final RLS subject to the following conditions: 1. Receipt of title opinion from the City Attorney confirming the appropriate parties responsible for signing the RLS. 2. The owner shall enter into an agreement for maintenance and inspection of utility and storm drainage systems prior to release of the final RLS for filing. 3. The existing nonconforming sign located near the northeast corner of the proposed Tract B shall be removed prior to release of the final RLS for filing. Respectfully submitted, Approved for submittal, H.R. Spur ier g,rpp City Engineer Director of Public Works HRS: jn „ 7<cc S wcee a eq New E? „ REGISTERED LAND SURVEY N4. / N F N N F P I N C 0 11 N T Y, M I N N F S 0 T A �� �i Ilnnnil ", Ii�lll olnnulm�n! , +yI ;•� , / ` ` `+ \ . \^ gI�A�N s ` r 6.3 2 G • � � ✓.cam , 9 r o o� R q a T a •' 9 e • W � ti `` � tip � � r a. q � o'• � 1 %tip,- ,,�'• SCA'.F IN FFET o� J 25 50 100 i • & ARLSON INC. ti� � ,' ARLSON _ _ uHo swlvrrORS P 0, Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION APPROVING DESIGN CONCEPT FOR COMMUNITY CENTER IMPROVEMENTS. IMPROVEMENT PROJECT NO 1987 -05 BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the design concept for the proposed Community Center Improvements, Project No. 1987 -05, as presented by Carlson Mjorud Architecture, Ltd. (CMA) with modifications as directed by previous action of the City Council is hereby approved. The architects are hereby authorized and directed to proceed with completion of detailed plans and specifications, for submittal to the City Council. 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 BR OF OOKLYN BROOKLYN CENTER, MINNESOTA 55430 r TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 2, 1987 RE: Community Center Improvements, Project No. 1987 -05 On February 23rd the City Council authorized execution of an agreement with the architectural firm of Carlson Mjorud Architecture, Ltd. (CMA) to prepare plans and specifications for the following improvements to the Community Center: Item Budgeted Cost Estimate Remodel and Redecorate Social Hall, $ 51,450 Lower Lobby, Stairwell and 0 Upper Lobby Replace and Insulate Roof $ 135,000 Tuckpointing Bad Mortar Joints $ 8.100 Total $ 194,450* * Note : All cost estimates included architectural fees. Since that time CMA has met with City staff 4 times to discuss details of the project, to identify and resolve specific items of concern, and to develop a design concept. Some of the major items covered have included the following: Review of the Existing Condition of the Roof Structure Over the Swimming Pool The existing roof support structure consists of steel trusses, steel bar joists, and a steel roof deck. Before proceeding with any design of the new roofing, CMA's structural engineer reviewed the capacity of the existing roof support structure to carry roof loads. In addition, the engineer conducted a detailed inspection of existing conditions and noted two areas of specific concern, i.e.: a) Evidence of severe corrosion was found at several points on the underside of the steel decking. ?4e Sam&4za mou �„ April 2, 1987 Page 2 b) Some evidence of corrosion also was found at those locations where the steel trusses connect to the vertical steel columns which support the roof. While this evidence was generally slight, it was decided that this was an area for major concern, since a failure at this location could be catastrophic. Based on this evidence, staff authorized the engineer to conduct additional investigations to evaluate the seriousness of these symptoms. This investigation required that four "inspection ports" be cut into the concrete walls at the point where the trusses connect to columns. Following detailed inspection and evaluation, the structural engineer was able to conclude that: a) The areas of corrosion the decking appear to be very localized, allowing them to be repaired q uite easily. Note It is, of course, impossible to inspect the top side of the steel decking until after the existing roof, insulation, and vapor barrier are removed. However, based on his inspection of the underside of the deck, the engineer has concluded that the decking appears to be basically sound. b) Inspection of the connections between the trusses and the columns indicated that the corrosion noted is superficial, requiring only minor repair, sealing and painting; and that these connections appears to be structurally sound. Selection of Insulation and Roofing Materials The structural analysis of the roof structure indicated that the total capacity of the roof deck is 52 pounds per square foot (psf). Since the Building Code requires that 40 psf be allowed for snow load, the total roof system (i.e. decking, insulation and roofing) cannot exceed 12 psf. Based on this consideration and on their evaluation of the function and environment of the roof, CMA has indentified several insulation alternatives and several roofing alternatives. After further discussion with staff, CMA is recommending that the "Modified Bitumen" roofing alternative be used in conjunction with one of 3 alternative insulation systems, Y st ms i.e.: Option 1 an all- "Isocyanurate" (ISO) insulation system Option 2 an all- "Foamglas" insulation system Option 3 a combination ISO /Foamglas system. Following a summary evaluation of these 3 alternatives: April 2, 1987 Page 3 Estimated Total Cost for Option No. Type Discussion Insulation & Roof 1 all -ISO This option is the most economical $ 175,000 of the 3 options under consideration. It has the best insulation quality (i.e. the highest R- Value), but is somewhat permeable to moisture - allowing possible corrosion of the steel decking and loss of insulating value 2 all - Foamglas This is the most expensive of the 3 $ 270,000 options under consideration. It has a lesser insulation value than Option 1, but provides the most impermeable system, and the least amount of corrosion of the deck. 3 ISO /Foamglas This system sandwiches a layer of ISO $ 210,000 between two layers of Foamglas, with averaged results as to insulating quality, as to permeability and as to corrosion. After discussion of these options, staff recommends selection of Option 3", based on our opinion that it is the most cost - effective over the next 30 to 40 years. During that time it will probably be necessary to replace the roof one more time. If Option 1 is used, there is a fairly high probability that the insulation may have to be replaced and that a significant amount of deck corrosion could occur. Under Options 2 or 3 we have a high degree of confidence that corrosion would be minimal because of the low permeability of the insulation and that only the roofing would need to be replaced within that time period. Please see attached report from CMA for more details. Architect Al Mjorud of CMA will attend the City Council meeting to discuss this matter in more detail. Remodeling and Redecorating of Social Hall, Lobbies and Stairwell Extensive discussions have also been held to select a design concept for the proposed work inside the Community Center. Those concepts will be presented in detail at the City Council meeting. April 2, 1987 Page 4 Detailed evaluation of this portion of the work has defined a need to incorporate a number of items not concluded in the original cost estimate. These items include the following: (1) removal of the existing beadboard "movie screen" in the Social Hall (because it is in 'violation of the Building Code) and replacing it with an 18 foot wide electrically operated retractable screen (similar to the one "in the City: Council room); (2)'installation of handicap railings on the stairway (required by the Building Code); (3') installation of grill work between the top of the wall and the railing - on the upper lobby wall which over looks the lower lobby (required by the Building Code); (4) several changes to exit facilities (as required by the Building Code); (5) removing carpeting from front counter (existing carpet is in violation of the Building Code) and replacing it with a plastic laminate; (6) inclusion of some tackboard and acoustical panels at locations where these treatments are considered to be functionally appropriate; (7) installation of banners inside the Social Hall (an optional item - recommended to enhance the aesthetic appearance of this room) and (8) construction of two - ( ) o built in display cases in the upper lobby P Y PP Y area. The attached report from CMA details the estimated cost of all interior improvements. Exterior Walls and Other Work Items After inspecting the condition of the exterior walls, CMA recommends that the appropriate treatment should include (1) replacing deteriorated bricks; (2) tuckpointing as necessary; (3) sealing the entire exterior face of the walls and (4) installing weep holes and joint sealing. The entire cost for this work is estimated at $25,000. In addition, a number of other recommended improvements to the Community Center have been discussed in some detail, and are detailed in the attached report from CMA. In accordance with staff recommendations, CMA has identified these as "1988 Budget Items" on the appendix to that report. Summary Following is our current project cost estimate, based on the use of the "Option 3" roof /insulation system: Construction Contracts Remodel and Redecorate $ 88,000 Replace and Insulate roof (Option 3) $ 210,000 Work on Exterior walls (not to be included in this contract) $ 0 Subtotal, Construction Contracts $ 298,800 15% Contingency $ 45.000 Subtotal $ 343,800 April 2, 1987 Page 5 Architectural Services Design contract with CMA $ 14,000 Construction Administration and Inspection by CMA $ 10,000 Other Engineering & Testing Services $ 1,000 Cutting Inspection Holes in Swimming Pool Walls and repair of these cutouts $ 3.000 Subtotal Architectural Services $ 28,000 Estimated Total Project Costs $ 371,800 Following is a listing of optional project elements which can be deleted if necessary to reduce the total project costs: 1 Change from "Option 3" insulation to "Option 1" (all ISO) insulation $ 35,000 2 Deletion of new gypsum board in Upper and Lower Lobby areas $ 2,700 3 Cover entire Social Hall with carpeting instead of having a 600 SF hard surface area $ 3,400 4 Eliminate ta.ckbaard in 3 wall areas $ 4,600 5 Delete banners $ 5,500 6 Delete built -in display cases $ 13.000 Subtotal $ 64,200 15% Contingency 9.630 TOTAL $ 73,830 I recommend that these design concepts be presented for discussion at the April 6, 1987 City Council meeting, that changes be agreed to by concensus or by motion(s) of the City Council, and that the Council then adopt the attached resolution, approving the design concept and authorizing CMA to proceed with completion of detailed plans and specifications. April 2, 1987 Page 6 i Schedule If the City Council;approves„ the <design concept at the April 6, 1987 'meeting, we then plan to proceed on the following schedule: May 4 - Present final plans & specs to City Council for approval May 14th & 21st Advertise for bids May 28th Open bids June 8th - Award contract(s) July 1st Approximate starting date for interior work August 31st - Specified completion date for interior work, with liquidated damages at $250 /day Mid- August to -Mid- September - Work to be done on roof R 7ectfuily submitted, Sy Vnapp Director of Public Works Attachment: Report. from CMA ` a SK: j PROJECT #87103 DATE: March 27, 1987 (Updated April 2, 1987) PROJECT MEMO: #5 PROJECT: Community Center Remodeling CITY OF BROOKLYN CENTER Brooklyn Center, Minnesota SUBJECT: Statement of Probable Construction Cost BY: Al M'J orud The following cost data represents a Statement of Probable Construction Cost based on actual quotations from the St. Paul- Minneapolis area and the Means' Square Foot Costs Means' Construction Cost Data, and projections into the future based on - expected inflationary trends: Construction Cost 1. The prices quoted in the above noted cost estimating manuals are usually averaged for major cities in the United States. Although, in some cases, they are obtained from a definite locality. Data accumu- lated from actual job costs in 1986 and material dealer's 1987 quota- tions have been combined with negotiated 1987 labor rates to revise previous figures. Hundreds of contractors, subcontractors and manu- facturers have furnished cost information on their products. 2. No guarantee or warranty is made by the Robert Snow Means Company or the editors as to the correctness or sufficiency of the information contained in their publication. 3. In addition to the above references the Architect contacted material suppliers, manufacturers representatives, manufacturers and local roofing contractors. All of the cost data supplied by each of these sources was used in the compilation to arrive at the following prices. PROJECT MtMO: #5 Date: March 27, 1987 Page Two Re- Roofing Project 1. The costs listed below include the removal of all of the existing insulation, roofing materials and vapor barrier down to the bare deck. Some metal deck will have to patched, most of the deck will have to be wired brushed to remove the rust, and the entire deck over the pent- houses and the swimming pool areas will be coated with a layer of bitumen. 2. Before new roofing material can be added cants, plumbing vents, con- traction joints, curbs and roof edges will have to be raised. Hatches, mechanical units, roof vents and electrical conduit will have to removed and eventually reinstalled. 3. The new roofing system consists of a -vapor barrier membrane, insulation laid in two layers, tapering for roof drainage and the installation of a modified bitumen roofing system. The entire new roofing installation will be totally adhered. There will be no mechanical fasteners through the metal decking, any mechanical fastening needed will occur at the perimeters. The existing contraction joints will remain in their present location. 4. The above system is a U.L. approved design including a vapor barrier. The entire system has been approved by the Brooklyn Center Building Officials. 5. The expected cost with all isocyanurate insulation is $175,000. 6. An alternate for consideration would be a full depth foam glass system at an expected cost of $270,000. F 7. Another alternate roofing system incorporating foam glass /isocyan urate /foam glass would cost in the neighborhood of $210,000. Tuckpoint:ing 1. This work involves the replacement of 2,500 brick and tuckpointing new and existing brick. 2. Weep holes with plastic inserts will be placed around the base of the building and above all steel lintels. 3. Caulking of control joints, window frames, louvers, door frames and other miscellaneous openings must be included in the work, 4. All new and existing brick surfaces must receive a high pressure wash. 5. A clear sealer must be applied to the entire building. 6. This work only applies to the Community Center. 7. This work will cost a minimum of $25,000 which is substantially over the budget of $8,000. PROJECT MEMO: #5 Date: March 27, 1987 Page Three Social Hall I. The scope of this work includes wall painting and wall graphics for the following areas: Social Hall, Lower Vestibule, Lower Lobby, Upper Lobby, Upper Vestibule, Office Area and connection to previously decorated area. 2. This work does not include the painting of any ceilings, acoustical tile or corrective work at the ceiling. 3. This work does include new gypsum board on the Upper and Lower Lobby areas where the existing surface is rough and irregular. 4. New plastic laminate will be placed over the reception counter. 5. New carpeting will be provided throughout to match the existing carpet - ing in all areas except those areas presently covered with quarry tile. 6. A 600 square foot vinyl floor will be placed at the front of the Social Hall. 7. A concrete floor and sand in -fill will level the present pit. 8. Tackboard and fabric covered fiberglass acoustic panel are included. 9. This work is anticipated to cost $59,000. Code Corrective 1. This work includes a new projection screen in lieu of the plastic foam insulation presently mounted on the wall. 2. Corrective work to the guardrails and handrails is also included. 3. Panic hardware has been added in several locations and this work includes new doors at these areas. 4. Illuminated exit signs have also been added where needed. 5. Miscellaneous painting and signage is also included. 6. It is anticipated that this work will cost $11,300. Banners <00. Built -In Display Case p y s . $13,000. PROJECT MEMO: #5 Date March 27, 1987 Page Four Commentary on Cost Data The cost data included herein has been prepared with the very best inten -> tion by Carlson Mjorud Architecture Ltd. (CMA) to reflect the projected costs the way they could happen at a given time in the future. These costs are CMA's opinion of probable cost based on information known today. CMA is aware that each of the costs listed herein can be proved too low or too high by another party. As soon as the design becomes more refined, the costs should be updated. CMA nevertheless recommends to the Owner to include a 15% contingency amount in the total calculation to cover unfore- seen items. AM /mcp 03/26/87 cc: Gerald Splinter Sy Knapp Arnie Mavis Rudin Structures OLB (2) CMA (2) G 1 � \ A i lk Carlson Mjorud Architecture Ltd. 1000 Shelard Parkway Minneapolis, Minnesota 55426 612/546 -3337 COMMUNITY CENTER SOCIAL USAGE CITY OF BROOKLYN CENTER Revised: April 1, 1987 Number of Times Percentage Type of Usage: Used per Year Total Usage Recreation Activities & Classes 225 39.6% Meetings 225 39.6% Recitals /Parties 30 5.3% i Meals 29 5.1% Seminars /Workshops /Classes 28 4.9% Theatrical Performances 12 2.1% (including rehearsals) Bazaars /Carnivals 10 1.8% Swimming Pool 6 1.1% Dances 1 0.2% TOTAL 566 99.7% /kb 1988 BUDGET ITEMS APPENDIX TO 3/27/87 CMA REPORT (REVISED 4/2/87) RE: COMMUNITY CENTER 1 Tuckpointing, brickwork and sealing a. testing $ 2,000 b. contract work 25.000 Subtotal $ 27,000 2 Painting and sealing truss connections 15,000 3 Penthouse painting and insulation 9,000 4 Recreation Room Door Retrofit 1,800 5 New lighting system for Social Hall (to provide lighting suitable for meetings, banquets, classroom uses, etc.) 10.000 Subtotal $ 62,800 25% Contingency 15,700 10% Architectural fees $ 8.000 TOTAL $ 86,500 �b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR HEATING SYSTEM IMPROVEMENTS AT THE MUNICIPAL SERVICE GARAGE, IMPROVEMENT PROJECT NO. 1987 -07 WHEREAS, pursuant to City Council authorization, plans and specifications have been prepared and the following proposals have been received for heating system improvements at the Municipal Service Garage, Improvement project No. 1987.07: Bidder Bid Amount Hovde Plumbing and Heating, inc. $ 7,230.00 BSC Mechanical Contractors 8,465.00 Atkins Mechanical, Inc. 11,260.00 AND, WHEREAS, it appears that Hovde Plumbing and Heating, inc. is the lowest responsible bidder: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City manager is hereby authorized and directed to enter into contract with Hovde Plumbing nd Heating, inc. in the name of the City of Brooklyn Center for Improvement Project no. 1987 -07 in accordance with plans and specifications therefore. Costs for said project shall be charged to the Government Buildings Division of the 1987 General Fund budget. 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 hereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY B OF F v 1 N BROOKLYN CENTER, MINNESOTA 55430 OOKL TELEPHONE 561 -5440 CENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 2, 1987 RE: Proposals for Heating System Improvements at the Municipal Service Garage Technical plans and specifications for this project were completed by Oftedal, Locke and Broadston, Inc. Requests For Proposals .?ere then submitted to four reputable mechanical contractors. Three proposals were received, all complying to the plans and specifications. AS shown on the attached resolution, the low bid received is from Hovde Plumbing nd Heating, Inc., a firm which has completed two similar recent project for the City of Brooklyn Center. Both of those projects were completed in full compliance with the specifications, without any significant problem, and on schedule. Hovde's bid of $7,230 is well below our budgeted amount of $9,800. Respectfully submitted, Sy napp Director of Public Works SK: jn` �' 19l61LL•MIFRIG QfT =~ a� Member introduced the following resolution and moved ' its adoption: RESOLUTION N0. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WATER TOWER NO. 1 RECONDITIONING, IMPROVEMENT PROJECT NO. 1987 -02, CONTRACT 1987 -B WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1987 -02, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 2nd day of April, 1987. Said bids were as follows: Bidder Bid Amount Johnson Brothers Company $ 74,600 Odland Protective Coatings, Inc. 87,100 Abhe & Svoboda, Inc. 93,120 Tenyer Coatings, Inc. 101,000 WHEREAS, it appears that Johnson Brothers Company of Pittsburgh, Pennsylvania, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Y Manager are hereby authorized and directed to enter into the attachcd contract, in the amount of $74,600 with Johnson Brothers Company of Pittsburgh, Pennsylvania in the name of the City of Brooklyn Center, for Improvement Project No. 1987 -02 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project No. 1987 -02 is hereby amended according to the following schedule: As Approved As Bid Contract $ 78,200 $ 74,600 Engineering Consultant 11,625 12,425 Cit 0 0 Administration 780 780 Legal 780 780 Total $ 91,385 $ 88,585 RESOLUTION NO. 2. The estimated costs to be financed as follows As Approved As Bid Special Assessments to Private Property MSA Accounts 2600 (Expendable) 2611 (Restricted Reserve) 2613 (State Approved Projects) Capital Project Fund (Division _) General Fund (Division _) Public Utilities Fund $ 91,385 $ 88,585 TOTAL REVENUE $ 91,385 $ 88,585 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 P g g voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A 511 Eleventh Avenue South — EC — ENGINEERS & DESIGNERS Minneapolis, Minnesota 55415 April 2, 1987 612/332 -8905 Mr. Bo Spurrier City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Subject: Bid Evaluation Water Tower No. 1 Reconditioning Improvement Project No. 1987 -02 Contract 1987 -B AEC No. 5008 -417 Dear Mr. Spurrier: The bid opening was held on Wednesday, April 2, 1987. Four bids were received, and they are as follows: Tank Sign Total Johnson Brothers Co. Box 666 - Parkway West Pittsburgh, PA 15205 $71,600.00 $3,000.00 $74,600.00 Odland Protective Coatings 3801 128 Avenue NE Blaine, MN 55434 $84,700.00 $2,400.00 $87,100.00 Abhe & Svoboda, Inc. 17066 Revere Way P.O.Box 251 Prior Lake, MN 55372 $91,620.00 $1,500.00 $93,120.00 Tenyer Coatings, Inc. P. O. Box 192 Badger, MN 56714 $98,500.00 $2,500.00 $101,000.00 The engineer's estimate for this work was $78,200.00. P - Bidders requests a bidder's Paragraph B 12.8.4 of the Instructions To Bid r q performance record, giving the description and location of a minimum of four equal size or greater projects constructed in a satisfactory manner by the bidder. Our evaluation of the bidders' qualifications reveal that Johnson Brothers Co. - the apparent low bidder - is qualified to do the work. We recommend that Johnson Brothers Co. be awarded the contract. Sincerely, 0 AEC - ENGINEERS & DESIGNERS John R. Buzek, P. E. President I ABBE S VO & A 6 April 1987 INC. City of Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attention: Mr. Bo Spurrier Reference: Painting of Elevated Water Tank PROTEST OF AWARD TO JRG, INC., dba JOHNSON BROTHERS PAINTING Dear Mr. Spurrier: Pursuant to our telephone conversation on Friday, we hereby protest any decision the City of Brooklyn Center may make to award the above - referenced project to JRG, Inc., dba Johnson Brothers Painting. When this project was bid last time, that company was the low bidder. Its bid was approximately 60 % of our bid, which was the second low bid received. This unreasonably low'bid indicates to me that the bidder is not a responsible bidder. Secondly, I checked with the Corporate Division of the Office of the Secretary of State and found that - neither JRG, Inc -. nor Johnson Brothers Painting are registered to do business as foreign corporations. This is just cause to reject their bid, and requires that their bid be rejected. Thirdly, allowing a bidder to rebid a project once the bidder has claimed error and withdrawn its bid violates the intent of ---"e sealed bid process. The sealed bid process would become a shambles if this policy were allowed. As a result of the three reasons outlined above, we reque st`that you reject the bid of JRG, Inc., dba Johnson Brothers Painting and award to the second low bidder. Sincerely, QS ' 1_) -0 Gail Svoboda President cc: Honorable Mayor City Council City Administrator HAND DELIVERED 17066 REVERE WAY • P.O. BOX 251 • PRIOR LAKE, MN 55372 • 612 -447 -5760 OR 447 -6025 TELEX 467358 AN EQUAL OPPORTUNITY EMPLOYER CITY 6301 SHINGLE CREEK PARKWAY OF B ROO F BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTE R 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: April 2, 1987 RE: Water Tower No. 1 Reconditioning Improvement Project No. 1987 -02, Contract 1987 -B Attached is a resolution accepting bids and awarding contract for Water Tower No. 1 Reconditioning, Improvement Project No. 1987 -02, Contract 1987 -B. This is the second set of bids on the above referenced project. All bids were rejected the first time this project was bid. The low bidder had made an error in calculating their bid of $57,953 and the next low bidder at $92,035 was too far above the Engineer's Estimate of $78,200. Following is a summary of the bids received the first time the project was bid: Bidder Bid Amount Johnson Brothers Company $ 57,953.00 Abhe and Svoboda, Inc. 92,035.00 Maguire Iron, Inc. 98,030.00 Odland Protective Coatings, Inc. 98,100.00 Tenyer Coatings, Inc. 101,000.00 The rebid of this project produced bids that were closer to the Engineer's Estimate and so the City's consultant, AEC Engineers and Designers, is recommending that the contract be awarded to Johnson Brothers Company of Pittsburgh, Pennsylvania in the amount of $74,600. Following is a summary of the bids received the second time the project was bid: Bidder Bid Amount Johnson Brothers Company $ 74,600.00 Odland Protective Coatings, Inc. g � 87,100.00 Abhe and Svoboda, Inc. 93,120.00 Tenyer Coatings, Inc. 101,000.00 0 0' N6AU- kWRKA(rr =r' i April 2, 1987 Page 2 AEC has previously reviewed the qualifications of the low bidder and will have a letter recommending award to the low bidder. R ;7e submitted, Apprgved for submittal, H.R. Spurrier Sy K pp City Engineer Director of Public Works HRS : i:d u d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY TO PROVIDE INSPECTION SERVICES AND CONSTRUCTION ADMINISTRATION RELATING TO EARLE BROWN FARM STREETSCAPE IMPROVEMENT PROJECT NO. 1986 -21 (CONTRACT 1986 -R - STREET LIGHTING• AND CONTRACT 1986 -S - LANDSCAPE PLANTINGS) WHEREAS; the City Council adopted Resolution No. 86 -85 approving an agreement with Westwood Planning and Engineering Company to provide final design services relating to Earle Brown Farm Tax Increment District Phase II ( Project No. 1986 -15); and WHEREAS, it is necessary to amend the agreement to include additional services: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the Mayor and the City Manager are hereby authorized and directed to execute the amended agreement with Westwood Planning and Engineering Company to provide technical services relating to the Earle Brown Farm Tax Increment District, Phase III Streetscape Improvements (Improvement Project No. 1986 -21, Contracts 1986 -Q, 1986 -R and 1986 -S) at an estimated cost of $37,640 in accordance with the revised Scope of Services. 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 F N BROOKLYN CENTER, MINNESOTA 55430 TELEPH O E 561 -5+440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: April 2, 1987 RE: Earle Brown Farm Streetscape, Phase III Improvements Improvement Project No. 1986 -21 Contracts 1986 -R and 1986 -S Part of the Earle Brown Farm Streetscape Improvement, Phase III consists of the installation of lighting and landscaping. The contract for planning and engineering services with Westwood Planning and Engineering Company anticipated limited administration and inspection of installation. The estimation of workload on May 13, 1986 did not take into account some of the other construction responsibilities we assumed subsequent to the date of the agreement. Therefore, I am recommending that the administration and inspection of the lighting (Contract 1986 -R) and landscaping (Contract 1986 -S) be performed by Westwood Planning and Engineering Company. Accordingly, it is necessary to amend our existing agreement by amending the Planning and Engineering Services as detailed in the attached revised Scope of Services. It is recommended that the City Council adopt the attached resolution amending the professional services agreement with Westwood Planning and Engineering Company in accordance with the revised Scope of Services. Respectfully submitted, Approve for submittal, X. H.R. Spurrier Sy 'err City Engineer Director of Public Works i HRS; �AYNcr,� REVISED SCOPE OF SERVICES Original Revised Actual Basis for Estimated Estimated Billings Activity Payment Amount Cost To Date 1. Meetings with the developers on Hourly $400.00 $563.20 $563.20 proposed project within project area (est $400) 2. Revise site plans for "problem" nodes Hourly $1,200.00 $3,268.00 $3,268.00 and advisory services to City Staff on (est $1200) their engineering design of walls and sidewalks 3. Fixtures and materials selection for $1,200.00 $1,200.00 $1,200.00 $0.00 improvements (signage, bollards, benches, etc.) 4. Develop reliminary lighting plan, $2,000.00 $2,000.00 $2,000.00 $2,000.00 conduit location map and cost estimate 5. Provide landscape plans, specifications $4,200.00 $4,200.00 $4,200.00 $3,168.00 and bid documents for each node and for the boulevard trees S.A. Provide contract administration Hourly $6,800.00 and inspection for landscaping (est 200 hours) 6. Develop electrical plans, specifica- 3% of original $11,587.50 $11,587.50 $11 ,586.72 tions and bid documents for street cost estimate light system of $386,250 6.A. Submit documents required for $750.00 $750.00 Municipal State Aid reimbursement 6.B. Provide contract administration 3% of actual $7,272.00 and inspection for light system construction cost of $242,401 7. Deleted $1,000.00 $0.00 TOTAL ESTIMATED COST OF SERVICES $21,587.50 $37,640.70 $20,585.92 Q U � Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR ADDITIONAL LANDSCAPE WORK ON CIVIC CENTER PLAZA IMPROVEMENT PROJECT NO 1984 -10 WHEREAS, the Director of Public Works has reported to the City Council that certain plantings in the Civic Center Plaza have died or do not have a good prospect for long -term survival and should be replaced; and WHEREAS, it is the opinion of the Director of Public Works and the landscape architect that the contractor is not responsible for the conditions which prohibited the survival of these plantings; and WHEREAS, it is desirable to replace these plantings at the same time as other plantings which the contractor is responsible for and a proposal was negotiated with Minnesota Valley Landscaping (Shafer's landscaping subcontractor) at a cost of $6475.00: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal of Minnesota Valley Landscaping in the amount of $6475.00 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with said firm in that amount. 2. These replacement plantings be included in Improvement Project No. 1984 -10, and be financed through the appropriation of funds from the Capital Projects Fund Division 37. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR INSTALLATION OF SEMI - AUTOMATIC SPRINKLER SYSTEM FOR FLOWER BEDS IN CIVIC CENTER PLAZA. IMPROVEMENT PROJECT NO 1984 -10 WHEREAS, the Director of Public Works has reported to the City Council that it is in the best interest of the City to install a semi - automatic sprinkler system for the flower beds in the Civic Center Plaza; and WHEREAS, it is estimated that the semi- automatic sprinkler system represents a two year payback in labor costs required to water the flower beds with the present manual system; and WHEREAS, a proposal to install a semi - automatic (manual turn -on, automatic turn- off) sprinkler system was obtained from Custom Turf Irrigation, Inc. in the amount of $1,575.00: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal of Custom Turf Irrigation, Inc. in the amount of $1,575.00 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with said firm in that amount. 2. The semi- automatic sprinkler system be included in Improvement Project No. 1984 -10, and be financed through the appropriation of funds from the Capital Projects Fund Division 37. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -J, CIVIC CENTER PLAZA IMPROVEMENT PROJECT NO. 1984 -10 WHEREAS, pursuant to`writen Contract.1984 -J signed with the City of Brooklyn Center, Shafer Contracting Co., Inc. has substantially completed the following improvement project in accordance with said contract: Improvement Project No. 1984 -10, Civic Center Plaza Improvement AND, WHEREAS, an agreement has been reached between the contractor and the City of Brooklyn Center to resolve the issues detailed in the report submitted by the Director of Public Works with regards to the pond liner payment and replacement of certain plantings: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn enter Minnesota: Znnesota: 1. The work completed under said contract is accepted and approved subject to the following condition: The contractor shall submit a certificate of deposit in the amount of $5,000.00 to guarantee the replacement of certain plantings by the contractor before June 1, 1987. 2. The amount of said contract payment shall be accordin g to the following schedule: As Approved Final Amount Original Contract $427,427.35 $450,012.18 3. The value of work performed is greater than the original contract amount by $22,585.46 due to overruns in pond liner costs, piling costs and a general underestimation of planned quantities. 4. Final project costs are summarized as follows: As Bid Final Contract Costs Shafer Construction Co., Inc. $427,427.35 $450,012.81 Albrecht Company 6,426.00 6,426.00 Minnesota Valley Landscaping 6,475.00 Custom Turf Irrigation, Inc. 1,575.00 Engineering Brauer 39,600.00 44,222.81 STS 3,400.00 3,394.75 City 4,852.61 5,078.47 Administrative 4,338.53 4,564.39 Other Improvements 0.00 6,392.49 TOTAL $486,044.49 $528,141.72 5. It is hereby directed that final payment be made on said contract, subject to the above conditions, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $450,012.81. 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 SHSINGLE CREEK PARKWAY OF B ROO F BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G, Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 2, 1987 RE: Civic Center Plaza Improvement Item No. 1 --final Contract Payment to Shafer Contracting Construction of the civic Center Plaza improvement was substantially completed by mid- summer of 1985. Since that time progress in achieving final completion has been extremely slow and frustrating. The two major items which prevented resolution of this matter were: Item 1 - There was a disagreement between the City, the General Contractor, a subcontractor, a material supplier, and our project architect regarding the amount of liner materials used for the pond'and the basis of payment for those materials (i.e. should payment be based on the amount of materials used, including trimmings which were cut off and thrown away, to conform to the free form shape of the pond; or should payment be based only on the area required to be covered - with no payment made for trimmings ?) Unfortunately, the project specifications were not clear on this issue. Item 2 - A number of plantings failed to survive the required guarantee period. And, again, there was considerable disagreement between the various parties involved. Verbal agreements were reached on several occasions, only to have the landscape subcontractor fail to perform under those agreements. Submitted herewith is a resolution which would accept the work under this contract and authorize final payment to be made subject to the following conditions relating to the plantings issue: The contractor agrees that he is required to replace those plantings which have been determined to be his responsibility. While plantings have an estimated value of $3,400, the contractor agrees to submit a certificate of deposit in the amount of $5,000 (150 percent of the estimated value) to assure that these plantings are replaced before June 1, 1987. (Note: Contract specifications provide that the warranty requires the contractor to replace plantings only once. J 0±2 basis, these new plantings would `r 1916 /LL-1M[RICA QfI' =r April 2, 1987 Page 2 carry no extended warranty.) If the contractor fails to replace the plantings, the City can proceed to do so, using the contractor's $5,000 deposit. The quantities for payment of the pond liner materials reflected in the proposed final payment represent a negotiated compromise between all parties, wherein the City would pay approximately 47 percent of the total amount under dispute (i.e. $3,800 of the $8,050 under dispute) is the best that can be achieved by negotiation, and that if this issue were taken to arbitration, our total costs (including staff time, attorney costs, arbitration costs and the arbitrator's award) would substantially exceed this cost. It is noted that the proposed total contract payments of $450,012.81 exceed the appropriated total of $427,427.35. This $22,585 difference (5 %) includes the $3,800 increase for pond liner costs which were under dispute (see above) as well as other overruns - i.e. undisputed increases in pond liner costs resulting from field changes in the size of the pond, overruns on piling costs and other smaller overruns. I recommend that the City Council adopt the attached resolution accepting the project and approving issuance of final payment - subject to the conditions noted. _ Item 2 - Planting Replacement It is my opinion, and the opinion of our landscape architect, that a number of the plantings which have failed to survive are not the responsibility of the contractor for several reasons, i.e.: - Some of those plantings are located in soil conditions and /or high- water areas which do not provide those plantings witty` the conditions they need to survive. - A few of those plantings are still "alive ", but do not have a good prospect for long -term survival. It is recommended that these be replaced now, at the same time that the other plantings are being replaced. - A few plantings did survive well past the original warranty period, then died later. So as to have these plantings replaced at the same time as those which the contractor is responsible for, we have negotiated a proposed contract directly with Shafer's landscaping subcontractor, Minnesota Valley Landscaping. That proposed contract represents the following 3 items: 1. Replace all plantings which have been determined to be the City's responsibility $ 1,725.00 April 2, 1987 Page 3 - 2. Re- landscape areas around selected trees, provide drain tiling, etc. to provide site conditions - more conducive to survival of plantings $ 2,900.00 3. Provide 1 year guaranty for all new plantings installed, both under this agreement and those installed under Shafer's contract warranty $ 1,850.00 Total $ 6,475.00 Items 1 and 2 are necessary if we are to replace all original plantings with new plantings. Note - Some changes in species of plantings and in the size of plantings are included in this proposal. The two most noticeable changes will be: - The replacement Linden trees adjacent to the pond will be 3 to 4 inches in diameter instead of the 6 to 7 inch diameter original trees. This change is recommended because (1) the smaller trees will have a much better change of survival; and (2) it is nearly - impossible to bring in equipment which would be large enough to handle the big trees, without doing extensive damage to the plaza. The dead Hackberry trees in the area between the two softball fields will be replaced with Red Maple trees. Item 3 - The One Year Guarantee is optional and somewhat high - priced. However, I recommend that the City also accept this part of the proposal since it should serve to give the contractor a special incentive to assure that the replacement trees are planted with T.L.C. If this option is not taken, all future replacement will be at the City's expense. A resolution accepting this proposal is submitted for consideration by the City Council. Item No. 3 - Installation of Semi - Automatic Sprinkler System For Flower Beds You will recall that the existing watering system provides a "hose bib" at each of the 7 flower beds in the plaza. Experience has shown that use of hoses with sprinklers for this is very labor- intensive. Accordingly, we have obtained a proposal from Custom Turf Irrigation, Inc. to install a semi - automatic (i.e. manual turn -on, automatic shut -off) watering system for each of the flower beds, at a total cost of $1,575.00. It is estimated that this represents about a 2 year payback. April 2, 1987 Page 4 A resolution approving this proposal is submitted for consideration by the City Council. Res ectfully submitted, Sy Vnapp Director of Public Works SK:J __ 8h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER TO CONTRACT 1986 -C, CENTERBROOK GOLF COURSE IMPROVEMENT PROJECT NO. 1985 -23, PROVIDING FOR THE PLACEMENT OF SOD IN THE OUTFIELDS OF THE LITTLE LEAGUE FIELDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized and directed to execute a Change Order to Contract 1986 -C , providing for the placement of sod in the outfields of the Little League fields at a cost of $4,500.00. The cost for this work shall be charged to the Capital Projects Fund, Project No. 48 - Golf Course Construction. 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 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 2, 1987 RE: Status of Little League Outfields In accordance with the plans and specifications for the Golf Course construction project The Little League outfields were finished- graded and seeded in September, 1986. Under normal conditions, this should have assured that these outfields would be ready for play by May 1, 1987, as provided by the contract specifications. However, abnormal rains in late September and throughout October caused extensive washouts, improper germination of the seed and inadequate formation of root structure. The contractor did regrade the washout areas and sodded those areas last fall. This was followed by a dry "open" winter which provided very poor conditions for new turf establishment. Inspection of the outfields now indicates there is very little chance for these fields to be ready for play by any time in May or June unless additional work is done. After review of the plans and specifications and the existing situation with our landscape architect and P with the contractor, the following two options are offered for your consideration. Option A - The contractor has agreed to provide the required topsoil and seed, at no cost to the City, if City forces will apply that topsoil and overseed at our cost. Our Park Supervisor advises that this option would produce the best long- term results. however, under this option, the fields will not be ready for play until approximately July 1st. Option B - The contractor has agreed to sod all areas of the outfield which have not previously been sodded, Additional cost of $4,500.00. Under this option, the contractor adv' s ti'�he fields will be ready for play by approximately May 15th. $ i.�7:.� 19MAU- uaaiaan =�` April 2, 1987 Page 2 Arnie Mavis has been in contact with representatives of the Little League and he strongly recommends that the City select "Option B" because the Little League season runs from approximately May 15th to approximately July 15th. Arnie advises that it would be very difficult to accommodate the Little League's needs at any other location. Accordingly, we recommend approval of "Option B ". A resolution for that purpose is provided for consideration by the City Council. Res ectfully submitted, Sy /napp Director of Public Works SK:* K. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF TWO BOXES AND HYDRAULICS TO BE MOUNTED ON TWO FORD F -800 TRUCKS WHEREAS, an appropriation was approved in the 1987 budget for the purchase of two boxes and hydraulics to be mounted on two Ford F -800 trucks; and WHEREAS, $80,000 was originally appropriated for the purchase of the two Ford F -800 trucks and the boxes with hydraulics; and . WHEREAS, $47,100 has been spent for the purchase of the two trucks; and WHEREAS, $20,130 is remaining in the account for the purchase of boxes with hydraulics and other small- equipment; and WHEREAS, three quotations were received as follows: Company Q uote Crysteel Truck Equip. $6,385 each Midland Equipment Co. $6,395 each Boyum Equipment Inc. $6,628 each NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of two boxes and hydraulics to be mounted on two Ford F -800 trucks from Crysteel Truck Equipment, in the amount of $12,770 is hereby approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. �J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPER BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of City property submitted by the City Clerk at the April 6, 1987 City Council meeting is hereby declared surplus property and is hereby authorized for public sale at the annual City auction to be held on April 25, 1987. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i I 500 Two drawer vertical file cabinet - gray 501 1984 State Statute Books 502 Doro 702 transcriber - serial #14462 503 Metal coat rack 504 Bruning electric eraser 505 Brother pencil sharpener 506 Electric heater - 10x12 - Mighty Midget 507 Electric heater - 12x18 - Titan 508 Electric heater- 10x12 - Super Electric 509 Emerson fan, 10" - brown 510 Fan, 20" - Blue 511 Fan, 10" - brown 512 Floor mat - 4' x 8' - blue 513 Floor mat - 4' x 8' - blue 514 Health scale - 4' - white 515 Punching bag - black 516 Metal bookcase - 12" x 36" x - green 517 Metal bookcase - 12" x 36" x - green 518 Metal bookcase - 12" x 36" x - green 519 Extension desk - 3 drawers - white /brown 520 Adding machine - gray 521 Metal plan rack - black 522 Box of assorted office supplies 523 Desk chair - green 524 Desk chair - green 525 Table - 36" x 42" 526 Table - 36" x 42" 0 527 Metal desk - 36" x 60" - 5 drawers - gray 528 Metal desk -,36" x 60" - 5 drawers - gray 529 Chair - green 530 Chair - green 531 Chair - green 532 Chair - green 533 Pitney - Bones letter opener, serial #93440 534 Perfection paper drill press 535 Brother pencil sharpener 536 Box of GBC binders - assorted sizes 537 Craig dictaphone 538 Craig icta ho ne g P 539 Craig dictaphone /transcriber 540 Chair - green 541 Chair - green 542 Air Compressor - green 543 Box of toilet paper holders 544 Six mop handles 545 Metal dust pan with handle 546 Metal shelf - 6 - gray 547 Carpet remnant 548 Carpet remnant 549 Carpet remnant 550 Wood shelf 551 Box of floor tiles - 12" tiles - cream color 552 Box of metal table legs 53 Box notebook binders 554 Chair - green 555 Chair - green 556 Chair - green 557 Chair - green 558 Chair - green 559 Chair - green 560 Chair - green 561 Chair - green 562 Chair - green 563 Chair - green 564 Chair - green 565 Chair - green 566 Chair - green 567 Chair - green 568 Chair - green 569 Chair - green 570 Chair - green 571 Chair - green 572 Chair - green 573 Chair - green 574 Chair - green 575 Chair - green 576 Chair - green 577 Chair - green 578 Chair - brown 579 Chair - brown 580 Carpet remnant 581 Carpet remnant 582 Carpet remnant 583 Carpet remnant 584 Carpet remnant 585 Carpet remnant i BICYCLES FOR AUCTION is NO. DE SCRIPTION CASE NO. 101 Blue Dynasty bicycle 85 -13358 102 Maroon Nishiki bicycle 85 -12043 103 Maroon Murray bicycle 85 -16270 104 Black boys bicycle 86 -04508 105 Silver Huffy bicycle 86- 04676 106 Gold Schwinn bicycle 86 -05132 107 Gold Falcon bicycle 86 -05577 108 Orange Sears bicycle 86 -06042 109 White K -Mart bicycle 86- 06344 110 Red Huffy bicycle 86 -06593 111 Yellow boys bicycle 86 -06593 112 Blue Fuji bicycle 86- 07638 113 Black Road Ace bicycle 86 -08293 114 Blue Free Spirit bicycle 86 -08636 115 Chrome G1JP bicycle JCF86 -09007 116 Chrome boys BMX bicycle 86- 09048 117 Chrome BMX bicycle 86 -10021 118 Orange Conqueror bicycle 86 -10061 119 Red Schwinn bicycle 86 -10181 120 Blue Fuji bicycle 86 -10209 121 Blue Huffy bicycle 86 -10310 122 Red Randor bicycle 86 -10428 123 white Huffy bicycle 86 -10463 124 White Columbia bicycle 86 -10998 125 White dirt bicycle 86 -11267 126 Red BMX bicycle 86 -11379 127 Blue Raleigh bicycle 86 -11486 128 Blue Sears bicycle 86 -12257 129 Black /Gray Huffy bicycle 86- 12434 130 Brown Schwinn bicycle 86- 12434 131 Blue,Huffy bicycle 86 -12451 132 Red Firenze bicycle 86 -12518 133 Red /Silver boys bicycle 86- 12615 n -2- 134 Blue National bicycle 86 -12615 135 Red Diamond Back bicycle 86 -12763 136 Red Huffy bicycle 86- 12827 137 Blue Schwinn bicycle 86- 13100 138 Green Schwinn bicycle 86 -13185 139 Black Huffy bicycle 86- 13693 140 Blue BMX bicycle 86 -13865 141 Blue First Class bicycle 86 -13870 142 Maroon Columbia bicycle 86 -14142 143 Silver West Point bicycle 86 -14287 144 Silver Viper bicycle 86 -14292 145 Pink Murray bicycle 86 -14380 146 Copper K -Mart bicycle 86- 14478 147 Green Schwinn bicycle 86 -14538 148 Yellow Huffy bicycle 86 -15044 149 Yellow J.C.Penney bicycle 86 -15075 150 Red Galaxy bicycle 86 -15170 151 Red Huffy bicycle 86 -15333 152 Red boys bicycle 86- 15415 153 Blue Relay bicycle 86 -15415 154 Blue Raleigh bicycle JCF86 -15901 155 Silver Huffy bicycle 86 -15965 156 Blue Royal bicycle 86 -16092 157 Blue Kent bicycle 86 -16098 158 Red Montgomery Wards bicycle 86 -16105 159 Maroon Open Road bicycle 86 -16293 160 Red Miyata bicycle 86- 16621 161 Hawthorne bicycle 86 -16622 162 Blue Huffy bicycle 86 -16623 163 Yellow Browning bicycle 86 -16768 164 Blue Schwinn bicycle 86 -17070 165 Gold Huffy bicycle 86- 17720 166 Red All Pro bicycle 86 -18121 167 Black Hercules bicycle 86 -18538 168 Red Raleigh bicycle 86 -18717 -3- 169 Black boys bicycle 86 -18970 170 Yellow Huffy bicycle 86- 19600 171 Chrome Murray bicycle 86 -20599 172 Blue Huffy bicycle 86- 20966 173 Gray Schwinn bicycle 86 -20994 174 Gray Huffy bicycle 87 -00633 175 Blue Hawthorne bicycle 87 -00634 176 Black /Orange Open Road bicycle 87 -00634 177 Chrome Dirt Bike 87- 01.042 178 Red Girls bicycle 87 -01282 VEHICLES FOR AUCTION NO. DESCRIPTIO CASE NO. 201 1974 Kawasaki Dirt bike, serial no. G5075243 86- 07010 202 1964 Ford Galaxie, serial no. 4P62X184080 86 -13509 203 1975 BUICK APOLLO, SERIAL NO. 4B69D5L119201 86 -16233 PROPERTY FOR AUCTION NO. DESCRIPTION CASE NO. 301 Rifle 78 -10655 302 Rifle 78 -16014 303 Rifle 79 -11009 304 Flashlight 79 -17656 305 Rifle 80 -19591 306 Two scales 81 -01091 307 Starter Switch and plugs 82 -17592 308 Cat toys JCF84 -07389 309 Oil Lamp 84 -17978 310 Sharp VCR with Remote control 85 -00415 311 Incense sticks 85 -01858 312 Machette 35 -05809 313 Tool Kit 85 -05830 314 Duffle bag 85 -06450 315 File box and tapes 85 -07178 316 Film, VCR tape 85 -07178 317 Two gold chains 85 -07381 318 Air rifle JCF85 -10343 319 Rolling Stone tape 85 -10380 320 Check Protector 85 -10767 321 Rifle 85 -11417 322 Sanyo cassette player and tapes 85 -12896 323 Buck knife 85- 15877 324 Bat 85 -19417 325 Royce CB and keyholder 85 -19417 3261 Toshiba cassette recorder 85 -12896 327 Calculator 85 -12896 328 11ittens 86 -00746 329 Audio electrical wiring 86 -05693 330 Picket fence 86 -09296 331 Two end tables 86 -17098 332 Rocker 87 -01833 333 Brown tape case with tapes unknown 334 Ampex 8 track car stereo unknown 335 Two books unknown 0 33G Two piece bath set unknown 337 Tapes unknown 333 VCR cleaner, tape dispenser, staples unknown 339 Tan 3 piece suit unknown 340 Brown leather pants unknown 341 Brown leather skirt unknown 342 Brown leather jacket unknown 343 Brown leather jacket unknown 344 Tan leather jacket unknown 345 Tan leather pants unknown 346 Brown 3 piece suit unknown 347 Cream 3 piece suit unknown 348 Brown leather jacket unknown 349 Gray leather jacket unknown 350 Gray leather pants unknown gK Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT CARGO VAN BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of One (1) Compact Cargo Van are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of One (1) Compact Cargo Van in accordance with said specifications. 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. • 6301 SPILOLE CREEE Pi.. RR ' :rz tI . r, �' s.CCi:Ls - i?II'zESC 55(:30 z;i..D DEclrle,�rlC1-.s `rr CCFPA CA VAl 1. CE, 17 Lil bid s I.Us received at the 0':..2 iCe of tl.e City- C_c ric 01: or b efore 11. it .. _, , s Z ��, A 29, J.- ; �..na _,Y�sly be si.:,Jr,:itted on the i ncloseCi ?ro ost: L _CtLr:. 'ti c eC:1eCZ OlAvel t:iE is c� r ,.CC+ n i. - n 1 1 a i I l l yx i -; {, Cor_qpr ct Card O Van". It is Ezlso uncierzt Gl_at ti;e Ci ty CcuriC:ii rescrv^s tl- right to r: eCi <ily Or c. } ;pit s, t O waive Jnfor , ,ialitics < ?r2t to E;wp rfi the contract to tl ?e nest i Iter of tiie C. T)c:GL C:c:_.r�jC. LG';_CaCi, cI`IC! : 'ie]_l.vCr.(,i t '_;C C 't:y G':. r(:Gli Center Ji =C:_l be comp-fete in every respect Emu re c:.Gk ; iGr operation in accorC zmce it t1 ese speci%icationS, certificates. c)- s rrvicc cna ii?spect - cil .s.'U.�r :i'C -ed ct tl_e the Ci 1 Tz:.nu C,Cturer t e.=, -,��, r-� ' _�r�t_r..., t, cCte n%i:.e fJrc.nCl Or CesCri :ticn e t iGYIeCi in t S i Lc : osz:l are- descrii_- t J VO r J! t not re StT'.Ctl V uno used onl- to 4 nciicate type a ncz st andard o r.a or C! C:U1',T 4l�t ucs1reu, The cor:q�act carc�o van t1he bidder proposes to iLrr_i..ri must be of a current roauction. C:;sCiete eCUii.r.ent is' not acceptable- . Cataioq in orm tion show r:;are, ric;6ei a. n d CO.11>; ete s )ecil iCa- tions of the vein the ? cluer proT_ - to Urnisb shall aCCGr I:ianV the vencor bic. II:sui icient oescri inlorF ?c.tion shall be cause rOr re]ecticn o ti_e bid. The oiuCier rust ,,ive cssurc`nco to tiie City' Ot Lrook Center in regard tG ctr?Iit ir. rinc'eF,,elits << f nCt in CCse o Shits against tl_e i �; Other - . C_t tj �zirtiE S, t:' _.L1St Co _rc " <?: F-J 1 cost iI1 CGY:Iiection such 'uit Z nc E tie I .. rr— e'ss in E:11 : UCI:' actions. 2. �iIE x 1GO0r Sf'.c:il urn1 s l �'. L; L.liULEicl.:U -er .` S -UE i.:i r ne l car tt <:.rrc:aiity c:s a i,ini al.r:, c<n Ci sCia1? juE.ra the GC'l;1 L;E I2t c..°, to tl e : L <CiLieC3 Cc, � Cis �r E-no sz:ti si_actcry er :Grri:ancc an6 to ire ree of Ciefocts in G.c s i(n l 1' -z t 'r i& i c'nu 'UL rlanslll_ c?. .� i_ .� � �' �.;sctiae �E�c:rc.S, ateriGi and iavor shah e - - ' -ree o1 cost to the Cit of Drooklym Center. y 10 3. DELIVERY DATE The success 7 L bi(Cder shall sclPeoule dejiver-,' to t he C t v o Drooklvn Center for tlie Lrl iest 6a.te - -ossible. AUI�M OF G cGrIt rLcl- c Citl c; 1: 1 roojl 1 — )C-' Cen te r -! 2 - '.-- J- � but not necessarily lijj;itec to ti=e Factors of price, (ielivery date, , p a rt. s Lnd service; E-.c, Z�s &.nalysis &.nu; cci��oRrison o f CE. 1- -* - - I; ' p e r J: ril a n c e S i L.LOIlZ anc. J- o r SP E. C I F I C Z� T- I C 1 j Any objectiors to t specif ications T be sujD:--..itteCl to the City L Clerrk }n il, five (5) days - prior to the cr.ening OIL the oi G. PPQ0F CAP W*0r-ZF 1 ' , bid sh 11 be eccoi :Dy l -root t t� - ,. e bidder I as l7orll:erl s, Cor.� In in - force. Such �. Shall b- - In the - forij - i Or E cc-Ly of the bidder's current insurance certificate or certif. Lit c a t e 0 f e x e i - pt J on - -F r ov, " State Insurance Col"'nissioner. C-,?71 111 1. 7, 'r ilu_ Vehicle anCA/cr iz�c_uiK.mient called, f-or herein ;D�2 a ri(�vv Cor.�--&ct 4 a t4 Gamic Van curron­\ Er� vcr`iscd, 1.�cbels ncor-or ng all 'E-Ost L J. L - he I& a Va. i I a bl C cli I anc cs E featu inc I U61 inc c sc 0 4­�; U ("VlceS ZlrA6 a C t- c Opc r L.t i un i , E%L i i,icet l t - 1 - 1 e cc- _1* _C_; 1. rc-(-u i rciln,ents G - J L_: tii 1 - innesote, D e t r. e n t a - f Labor and Industry, .'. C C 4 'e i: C V 0 n L 10111 ". _J L� r t f,�'T 1L C; L) G r, Cccupaticna-1 �Iafet L v zmdi I AU'FAnistration. I. G MY COT-',j?C,ct Carc Van w/Rustproofirg S i E ,,, .2 y­ L buc sc&t-, v un`iolst tern; LU11 IEO&r.; POrc(ac_­ sC-&ts' Eca(:- room, front 39 Log room, front 41: 1 1ioulder roor. front, 36" i2IECELLAMEGUS EQUIPF'El c1p, t 1 i gi t L -1 L_ Cigarette lighter. Tintcd glass throughout. Y mu it on 4 ng. i Factor, air cc. L Lc:rt z�nu right Outs !-,,,irrors 4 1:j tel; Cass in side Lloo.-. "w'ing out g -11, Dz I I -co rs . Tilt steering wheol. Fron'tZ and rear buiii paiiiteU. Left & Right visdrs. 1,car windov defroster cI !Thee! Fase: F r Pak e s C s C r o n ree, r E n s t. i C t ra n 3 S S I 0 11 D i :E - J- - 'e r e ni i 1 21:cnt/rcar wheo Drive cani Suspension: Ztan�c;&rd dut% Steering: Power ;-c-Itoo r E6 4 a -1 tires/Z'011 se .son c1csign tread . zi r C T u I I s i z 0 6 sire & riy LAW ne C c I, L: z? r t - T. n - L Eng, ine - cyl. clesign, 13 liter dispizi.coTlent • 1—igher cooling capacity rzdi�-tor �Oz"Vy dutN." transmission cooler, heavy u 'L: -ft" filter, Lir cleaner, etc. O L ilter, oil LLEC-Iq 1C Le•vv Duty -7&t-tcr` 7: 1-'eaVt, L� (70 ar '11our 11112.1111 Cenerator: 230 aT.;p r.:inil T? a d, i 0 : Stt- Lights: Fell Lights to r:Ieet 1 Vehicle Cote COLOR 11anu. st&.nci�r.-11 co w - cr to be selected z:, bid opening. Cne (1) Parts Nanuzil anu one (1) 'Service I'anual to be p1rovided. C -1: Fuel inflection. & 22020££/ . COED 2 ?C: City 0£ P £QO21ya Center 6301 Shingle Creel 2a£k2ay . ; 2£oo&lyn center, EE 55450 CeSt1e2eE: 2e propose to ic£Bish and Gel-iv--£ one (1) Cor =act Ca£g0 Van according to tae OciZica£iC2s at 22e following bid price: 1. lid g£±ce /e£ unit 2. Cyt2cn 1 /rice . . S, Seli9e£_y date . (cEI2=Ga£ dzyE) .E}g2ed Firm 1 Pe 2 £u6ress . Date « Eid opening: £ /£±l 2(, ID07, 11 :00 KS. .� . . . . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL SEDANS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of Four (4) Police Patrol Sedans are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of Four (4) Police Patrol Sedans in accordance with said specifications. 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. 71. (",T Cr _)r 77 C ?� C. C.- l Tr ., .�' _ ' 1 _, .. :.I ;J e _„C1. Yi i., r••Tr �.• -, C, �� 'l {C�. CCt .' c ?l '7 r 2';:L1St 4t i ie or ;:,fore 11..0'l, � :.i', T ri1 2', 19 -7, an sf .�3L_t1T.;'.iL'tC -C an C )r' C-- e f ' � �._. �i. c: c t 2= Cl ii clly lo, iaini - i =c._i ° e , u ltt -or C'.U,r;Lc' pC , c = "roe.� ° . C� _sc t'T,c erstc c�. t : ut tie Ci t�' CoUi -Cw� resr:r�, < >> ': he riCiit i.o LCjcCC a1-1y or a1 -_ :.)l:af'_, to E ° _.nror1_;E= liti(2 s anC to cit'lcirc. 'Che contract to .T:e .)e t interest o _- the C i tN'. %CZiC 0 C of c_Yl ?OSEE. l 1 V e r e G. z C C t r00% n Ct?ni =t CUi'� %ie E in t t'ery reui:E'Ct j tr c u r C c: f or op rcticr in C:cco rc.c'nce S -?it1i theso s , -'ec .L icat ionS� :J_tli G'Ltii c . service c:Yit ns ., pection "L?Dr e;,t t_l ".( t: :.:C C:' ! i4'C 4 ' L.1lifzxt.L.r: r ' 1oj`:er 'nce. trcCC nc79 -e, brand, or �Iescription nYt t T2 _ ?ry -USc_! c.rE �eC£' `ti <<+'?, I.l.Llt. T?ot: r stL'1Cti VC c TICa LISeC only to jr: anc stclnGc.rC a:: 2 i ter.iai or ecul L . , 2�ent Cin.Sj_r`( ` =I -e =o i ice s the :.,ic.:rlcr - >rcYcses La -rurT riLlst ue of a CU rrc:Ylt %rUC#LICtiUYi. C sc:lett c_'C'Ui. lent is not Lccentab — ' e. C..cti c` ioq 4 nfori',:c tiUY: si iit inC T::clie, JLOUei, an (.i co , ' , iete �.i a_iCti.tions o: ti " ?.o se_6Z - r'.S '�i; )ZC: it'r `rU? OSeS 'i�G �L r .iS':i Slit.:' _L c.CCC )ci2':' ,C ve n U o r I s 2DiCi. Insu icient desc .1 - %give iT' r 'r..JE'tion si'1c11 be cEmsU or rCjectlon of tj - e bi(a. ._ �`C-'r Lis t c;i�:E' c_Ssurc..r - o Lila City` Gr F'rCOie (` T:t Cc:lt'er c.rC i o 1 . 1 atent in r ii or..E_nts i.n6 in C:e".se GI suits a.CjainE i �_`, _,..�; .'_. i E: 1 arc: L ci cl:c C", y of T ,.r z,rti= Zj. Cos' in Coinrec -- iciT 1t: 1:; ssucIil suit Bind save Zile C',it:�' rl c:trr 1E'.�.s ?_Ti d ! sLla ,i_ , �. c.G�IC I ° 2. GL1E r. �izi. i� t� `'I. C' JidUer Si,.c'.l - u rn is'i E r:iz.I:LI %iCtl?rEi I S : Lan i4.rC: n C t;' Cc r 4' =arrc.T ?t­ c_S a r: iT':j.i.L2:: c:Ti(2 Siia7_i (jUC:ra.ntee tle ec' 2__ T as to ti.e s L %eC= T1 c,tisi:c.Ctor�' _ cr UrI: 2_nt t c:nd to Oe z'ree 0 Cdetects i2i C: esic�n , I•laterie..I and wor;, �inSlil . Ali dei:ective isartS' ;ateria1 ant:1 iE.bor si.a ''tee r '`• zced free of cost to t City of Frock;lyn. 1 110 DNIV= D=T The SUCCOSSOU! biQer sMil schQuic 60livery to tne Cjtv cf ErooklyD Center tor the eLrlicst apte rossible. 4. AilrD CC CCOV11V C(' 1 1 -17 1PZ'CV11 Award of co ntr&ct by the City of Drooklyn Center will he as L, S C. " i 0 . U t not necQssaril- linitea to the f 0 ;: price, -elivcry uato, Darts anc as well zS Enalysis LnG cwparison o! sDeCificntions and yerforEance. 5. SUCTICFE Tf EPPC1FIC!TIrP,(,-' Any objections to the SpacificEtiens must be submitted to the City Clark in Yriting five (5) Uys prior to the opening ca: the bids. C. PPCDI cc YrTzzns co1 pamrna-7 Each bid sAll Q McOupanieu by rcof that tie bidder !as Uorker's ConVensation Insurance in force, Fuch prook all 6e in the AM Of a cQT Of Ue Kidder's current insuranc-, certificete or curtihicate ezengtion t rcv ty Ft L t L , insurance COLMissioner. f7 S 'S r 0 r ,-- C c-!nt' Z'I C. C Z 1 C 0 S CL C C I to L, C: Z, Lo z ---, C n 1" Ci U s' C r D v -i s c i o f liC.c c. e n t e 3 n t z�: n C. tj YI L t S. r a - iD (D r C c C U �I'z 1 T C C E. t s n c r I c c. t i q; c o t o p -- C C u I'! T Ell T' L r LL C� .1 C E Se 4 t L h' c r c r l'c c r, te 6, a s s Cr 1 r u B _'ct crT it n d: ic o in n cl • r icInt runt T o t c, n 6 i: c: i.,; c.r-e C:(:,Dustz q E. n T;f r .- o r e c o r.. e t e r r C. c c; r i a nta I C, �s -i n Cis e r 0 t i v c 'I-* ZO , eL. ,O-'Z;"L. A—, o C _Gci: Lc Z L-O or -7olete6 F 4- t c Clo r vice! pam: 100 TmAes: Mar jisc Am� Druz-rear, front End rem semi-Ectallic �ZOC linings Transrissicn: Autmatic transLiosiwr Di2fErential: FrOnL WhOel WAVO COntioUrLWOII Susymsicn: Leavy auty front En roar 5wjansion, .shocks EN springs, nwbilimr bar front aK rear, Enhuuhurerls bLziauu capacity suspensicn Ar hmdlinq. Etearing: Peyer vssistw 7Laels L Tircs: TAM 14" DolOW EMU! tires Engine Carozrtmnt: Engine - V-5 design, 173 cu. in. U SplaM=t ZMAUL, Ligher cooling w- fEcity radiator - heavy duty, Aw' Filter, oil filter, air cleaner, heavy duty twns :ice sion cooler, etc. Eemy DuQ Ecavy juty (70 any hour LAMM TEttery: Caneratom CO awr 7rdic: Standard L.H. Lights: All lights to met Uinnescta Vehicle Code Oznurm Curer l s st=Lrd color te be MA' i �- T ri L We (1) Parts VpnuEj and one (1) Farvice Fmmi to M rrovi6ed. � . 22CDC22£ . 2CE2 (J) SC222C2 222. :2 2C; Cite OZ 2JOoi: n Coil te2 G30\ SDiz§ie / }Ce2 Ja£E2EV . 2£oc&lyR C�w22£. 22 554.3 . . Ce221m :2E: e - .. . . .. : - ze yzGyGSa uc ZQ£&isG Lai �2w1ve£ CGuz (3) »ciica ze6EEs Ecec :i\g GOtSe S /eci£icE2ioRe Et Z 2= 2 \i2C2ƒBg Di\ \=ice: 1. ' 2£icc 2?£ 9Eit 2. 2otzl 2i6 2 =4ce . (2c&£ (J) Ezitc) \. Deli7e£v SEto -7 (cz ±e2uc£ Gzys) ^ 2igneG: Fir! SEEe :�� 0622: . 2i6 C '-n 2g£il 20 iEC i �.00 2E. . F/ V 1 Member introduced the following resolution . and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE ACHIEVEMENT OF BETTE R. McCREADY WHEREAS, over a five year period, Bette R. McCready, 7133 Newton Avenue North, Brooklyn Center, Minnesota, has swam 500 miles in the Brooklyn Center pool; and WHEREAS, this achievement reflects the dedication, skill and perseverance of Ms. McCready; and WHEREAS, it is highly appropriate that the City Council recognizes her accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Bette R. McCready is recognized and she is hereby congratulated by the Brooklyn Center City Council. 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. �N Member introduced the following 40 resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARY JANE GUSTAFSON WHEREAS, Mary Jane Gustafson has served as Editor of the Brooklyn Center POST since February, 1960; and WHEREAS, she is retiring on April 15, 1987; and WHEREAS, over the course of her 27 years as editor of the Brooklyn Center POST ST she has attended and reported on over 450 Council /City meetings; and WHEREAS, she is one of the founders and current President of the Brooklyn Historical Society and co- authored a book regarding Earle Brown and his farm; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by Y the City Council of the City of Brooklyn Center that the dedicated public service of Mar Jane Gustafson on is hereby recognized and appreciated Y g pp ted by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. F 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF PASTOR CARL J. GROETTUM WHEREAS, Pastor Groettum founded Cross of Glory Lutheran Church in 1956; and WHEREAS, since that time he has been the Senior Pastor of Cross of Glory Lutheran Church; and WHEREAS, he is the past Chairman of the Minneapolis Conference of ALC Churches; and 1987; and WHEREAS, Pastor Groettum will be retiring on June 30, WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW THEREFORE BE � , IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Pastor Carl J. Groettum is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: April 2, 1987 SUBJECT: Planning Commission Ordinance Amendment Attached is an ordinance amending Chapter 35 of the City ordinances regarding the Planning Commission. This amendment incorporates changes approved by the City Attorney, and it allows the powers and duties of the Commission to be established by a variety of vehicles, including by resolution. A resolution enumerating the powers and duties accompanies the ordinance amendment, and should be passed if the ordinance amendment is approved. Bylaws for the Planning Commission will be available for approval once the City Council reviews the recommendations from the other City Commissions regarding their respective enabling resolutions, which will probably be at the May 4, 1987 Council meeting. The Planning Commission reviewed the ordinance amendment and resolution at its March 12, 1987 meeting. An excerpt of the Commission's meeting minutes regarding discussion of this item is attached. The main concern of the Planning Commission appears to be the appointment process of the Commission chairperson. Additional information will be provided upon request. q0' . CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 6th day of April ' 1987 at 7:30 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 FOLLOWS: THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS ' 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 Planning Commission shall have the powers and duties conferred upon it by statute charter, ordinance or resolution The Planning Commission shall serve as the Board of Ad'ustments and Appeals for the DurDose of considering variances and appeals [Any vacant in an office of Planning ing 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 P ublic. 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.] ORDINANCE NO. Section 35 -202. [DUTIES OF THE PLANNING COMMISSION] COMPREHENSIVE PLANNING [1. Planning [a.] 1. 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 t least ten 10 days Y ( ) 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] two- thirds of its members, amend the Comprehensive Plan. [b.] 2. 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 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 ORDINANCE NO. 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 P p 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 p 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.) q0 Member introduced the following 0 resolution and moved its adoption: RESOLUTION NO. RESOLUTION DEFINING DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER PLANNING COMMISSION WHEREAS, the City of Brooklyn Center is promoting planning of development and redevelopment in the City; and WHEREAS, provisions for an advisory Planning Commission were established in Chapter 35 of the City Ordinances; and WHEREAS, as part of a movement towards standardization of the City Council advisory commission structure, Chapter 35 of the City Ordinances relating to the Planning Commission was amended on March 23, 1987; and WHEREAS, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, it is desirable for the City of Brooklyn Center to continue the function served by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby established within the City of Brooklyn Center an advisory Planning Commission with duties and responsibilities as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Planning Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising he City Y Council and other Brooklyn Center advisory Y ry regarding matters relevant to planning functions. Subdivision 3. PURPOSE: The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to comprehensive p lanning of land use and development, p platting, rezoning and special use applications, plan approval, variances and appeals. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission are as follows: i RESOLUTION NO. 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 staff liaison 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 staff liaison 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 two- thirds 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 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. C. Land Uses The Commission shall, from time to time, review and report to the City Council on balance among Brooklyn Center land uses, and shall review existing land uses and kindred regulations, recommending any changes to the is City Council (as outlined in the Brooklyn Center Year 2000 Committee Report). RESOLUTION NO. 2. Redevelopment The Commission shall, from time to time, upon its own motion or upon direction from the City Council, review and discuss a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. 3. Plattina 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. 4. 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 staff liaison to 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 of the Ordinances of the City of Brooklyn Center.) 5. 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 of the Ordinances of the City of Brooklyn Center. 6. 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. RESOLUTION NO. The rules of parliamentary procedure governin g 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 staff liaison to the Planning Commission shall act as the staff liaison to 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 staff liaison 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 of the Ordinances- of the City of Brooklyn Center. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION -TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to planning and zoning; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Planning Commission of matters relevant to planning and zoning; RESOLUTION NO. 4. Provide liaison with other governmental and voluntary organizations on matters relevant to planning and zoning. Vice Chairperson A Vice P Chairperson shall be appointed annually the Chairperson from the Y Y z'p h members . of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall .hall be staggered two -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve ry until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing g proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been a resident of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the planning function. Representation Requirements Due regard shall be given by the Mayor in appointing Commission members with geographical distribution within the City, as described in Subdivision 10. Conflict of Interest 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. RESOLUTION NO. Resignations- Removal from Office- Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall constitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: Regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94 ; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94 ; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. RESOLUTION NO. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. 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. A discussion ensued relative to the letter, the Court cases and the City's regulation of billboards. The Commission believed that it was in the best interests of the community to continue to regulate billboards as it currently does. ACTION DIRECTING DRAFT ORDINANCE AMENDMENT Motion by Commissioner Falecki seconded by Commissioner Nelson to concur with the City Attorney's recommendation and to direct staff to draft an ordinance amendment in line with the City Attorney's recommendations. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Ainas. Voting against: none. The ion passed unanimously. � c) mmission's Duties and Responsibilities e Secretary reviewed an ordinance amendment regarding duties of the Planning Commission. He stated that as part of the Year 2000 report it is recommended that the City standardize duties for all Advisory Commissions. He noted that duties and responsibilites for the most part would be acknowledged through resolution. A discussion ensued regarding appointment of the Chairman of the Planning Commission by the Mayor with consent of the City Council instead of the Chairman being elected by the Planning Commission; the procedure for appointments to draw people from the six neighborhood areas; and a procedure for interim appointments for temporary replacement in the event a Commissioner becomes ill or is unable to perform the duties for a period of time. Commissioner Malecki expressed disagreement with the idea of having the Chairman appointed b the Ma or y y rather than elected by the Commission. She stated that she believed that the Chairman should be someone who has experience serving on the Commission and that the election of the Chairman generally provides this. She expressed concern, although she quickly pointed out that it has not been the case, that the appointment of the Chairman could be a political appointment with little or no consideration given to the Chairman's ability to preside over the body. It was suggested that perhaps the wording should be that the Mayor appoint the Chairman with the consent of the Planning Commission. Commissioner Malecki and other Commission members stated they believed the current election process was the best. Commissioner Ainas stated that the idea of an interim appointment was good. The Secretary stated that the Planning Commission's comments would be conveyed to the City Council. ACTION TABLING APPLICATION NO. 87006 (Continental Communications /Willard Blake) Chairman Lucht recommended tabling the application because the applicant was not present. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Ainas. Voting against: none. The motion passed unanimously. ADJOURNMENT Motion by Commissioner Malecki seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:50 p.m. Chairman 3 -12 -87 _6_ r. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 26, 1987 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL G airman George Lucht, Commissioners Molly Malecki, Lowell Ainas, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren and Mary Lou Larsen, Recording Secretary. Chairman Lucht noted that Commissioner Sandstrom was unable to attend this evening's meeting and was excused. APPROVAL OF MINUTES - March 12, 1987 Commissioner Nelson stated he had not voted on the approval of the January 29, 1987 minutes as he was not present at that meeting. He requested the minutes to be so amended. Motion by Commissioner Ainas seconded by Commissioner Nelson to approve the minutes of the January 29, 1987 Planning Commission meeting as corrected. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas and Nelson. Voting against: none. The motion passed. Commissioners Bernards and %Ilerstedt did not vote as the were not at that meeting. g. Commissioner Bernards stated he supports ppo the Commission' s recommendations contained in the March 12, 1987 minutes in regard to the selection of the Planning Commission Chairman. APPLICATION NO. 87006 (Willard Blake) Following the Chairman's explanation, the Secretary introduced the next item of business, a request for ,special use permit approval to operate a retail showroom, displaying electronic equipment, in conjunction with a communication service center at 1800 Freeway Boulevard. He next reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 87006 attached). A brief discussion ensued regarding the parking on the site. The Secretary stated there is space available for additional pa g rkin . PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and noted the required notices had been sent. Commissioner Bernards asked if there is any off - street parkin in this area. ea. The Secretary responded that there is no off - street p arkin g allowed on Shingle Creek Parkway and Freeway oulevard. City Ordinances limit o Y n Y - street parking to no more than 6 consecutive hours between 8:00 a.m. and midnight and no more than 4 consecutive hours between midnight and 8:00 a.m. Commissioner Bernards referred to Condition No. 4 and inquired if an overflow parking problem occurs how would enforcement be obtained to rovide the additional p ddi 1 na1 required parkin spaces. The Secretary responded g p nded the owner w be would notife an Y p d d given 30 -60 days t g y o comply. He further noted that he had observed parking during 3 726 -87 _1_ services conducted at the Spiritual Life Ministries located in that same building and many parking spaces are being used but, their use is primarily in the evening hours and does not conflict with the other uses in the building. Chairman Lucht then called on the applicant to speak. Mr. Willard Blake, representing Continental Communications, stated he was not familiar with the' parking ordinance but that h p g , e had never seen any cars parked in the area around the space he was proposing to occupy. He stated he foresees no problems with parking. His business hours will be tentatively 9:00 a.m. to 6:00 p.m. Noting no one else was present to speak regarding the application, Chairman Lucht called for a motion to close the public hearing. CLOSE PUBLIC HEARING Notion by Commissioner Nelson seconded by Commissioner Ainas to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed unanimously. Commissioner Wallerstedt inquired if the parking lot at 1800 Freeway Boulevard is cleared in winter. The Secretary responded he does not think there has been a problem in the past, but is sure the tenants will let the landlord know if snow removal becomes a problem. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87006 (Continental Communications /Willard Blake Notion by Commissioner Nelson seconded by Commissioner Yalecki to recommend approval of Application No. 87006 subject to the following conditions: 1. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. The special use permit is issued to the applicant as operator of a communications service center involving a retail showroom for displaying and selling electronic equipment as well as an office in conjunction with this operation. No other commercial activity is acknowledged by this special use permit approval. 4. The owner of the property shall acknowledge his responsibility for guaranteeing the striping and delineating of additional parking stalls at the northwest corner of the site upon a determination by the City that parking demand on the site exceeds the available number of parking spaces. 5. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Voting n favor: Chairman Lucht Commissioners Malecki Ain B g , Hers as Nelson ernards and Wallerstedt. Voting against: none. The motion passed unanimously..` 3 -26 -87 -2- A DISCUSSION ITEM The Secretary reviewed a plan submitted by Que Viet Village House for a proposed Vietnamese restaurant in the old Arthur Treacher's building at 6100 Brooklyn Boulevard. He stated they will utilize the building as is with a few minor alterations. A proposed addition of a building entrance to the north side of the building is planned. The existing 24 ft. driving lanes will be maintained. Also, the glass in the front of the building will be removed and the seating moved forward. The Secretary noted that parking appears to be adequate for the restaurant; 32 spaces on site to accommodate 64 seats and employees. An upgrading of the site was discussed regarding repair of the retaining wall, screening and landscaping. Commissioner Bernards inquired if there would be any change in the sign. The Secretary responded they will use the existing sign and change the name only. The Secretary polled the Commissioners in regard to waiving a formal submittal of a Planning Commission application for the Vietnamese restaurant. It was agreed that no formal submittal would be required. Commissioner Bernards asked staff to check the Twin City Federal parking lot on a Friday afternoon. A brief discussion ensued regarding the expansion of the Highway 100 Racquet Club off -site parking lot. It was noted that the lighting problem had been corrected. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 8:02 p.m. Chairman • 3 -26 -87 -3- Planning Commission Information Sheet Application No. 87006 Applicant: Continental Communications - Willard Blake Location: 1800 Freeway Boulevard Request: Special Use Permit The applicant requests special use permit approval to operate a retail showroom, displaying electronic equipment, in conjunction with his communication service center at 1800 Freeway Boulevard. The building and parcel in question are zoned I -1 and are bounded on the north by the Northwestern Bell service building, by James Avenue North on the east, by Freeway Boulevard on the south, and Shingle Creek Parkway on the west. Continental Communications currently is housed at the Northbrook Shopping Center and the applicant proposes to relocate this business to the present proposed site. The use primarily involves servicing and repairing communication equipment such as CB and marine radios and antennas. The applicant has indicated a desire for a small showroom and customer service area and has acknowledged that some retailing of this communication equipment would be done. The applicant's use is the type use comprehended as a permitted use in the C2 zoning district. Section 35 -330, Subdivision 3f, would acknowledged this type of use in the I -1 zoning district provided it meets the Standards for Special Use Permits contained in 35 -220, Subdivision 2 and also, the criteria outlined in Section 35- 330, Subdivision 3f (copies attached). The space the applicant desires to occupy in the westerly wing of this u- shaped building is located at the very north end. The area proposed would be 1,330 sq. ft. with a breakdown of approximately 500 sq. ft. for showroom and customer service area; 150 sq. ft. for office area and 680 sq. ft. primarily for storage and equipment repair area. They project a maximum of 8 employees to handle the operation. Commercial developments such as this are acknowledged as special uses in the I -1 zoning district, as was mentioned above, under Section 35 -330, Subdivision 3f of the Zoning Ordinance, provided they meet the Standards for Special Use Permits and further provided that they are compatible and complimentary to other land uses in the Industrial Park district and are of comparable intensity to permitted I -1 district uses. Furthermore, the traffic generated by the use must be within the capacity of available public facilities and not have an adverse impact on the Industrial Park or the community. Given these criteria and the applicant's proposal, the staff is of the opinion that all of the standards for this type special use permit can be met. Perhaps the biggest concern, as with other commercial type uses in this industrial building, has to do with available parking. The Commission will perhaps recall the last special use permit application involving this same building, that being Application No. 86032 submitted by Spiritual Life Ministries, Inc. That application was approved by the City Council in September of 1986 and involved religious and educational uses in the space formerly occupied by Viking Gym. A large portion of the parking available on the site was required for the Spiritual Life Ministries' use due to the potential for large crowds attending various educational and religious services. However, these times are considered to be off- peak from that of the other uses housed in this building. The parking requirement, based upon use of the 1,300 sq. ft. proposed by this applicant, would be 13 parking stalls. Given the uses already in existence on the 3 -26 -87 -1- Application No. 87006 continued site, the vast majority of the 282 parking spaces are already allocated. There is a "proof -of- parking" lot for 71 parking stalls on the northwest portion of this site and given the configuration of the building, there is certainly potential for additional parking on the site in the northerly parking area. Approval of this application should acknowledge that parking for the proposed use, as well as other uses already in the building, will not be complicated because of the off -peak nature of the Spiritual Life Ministries use and the fact that there is space available on the site for additional parking. An acknowledgement, from the owner of the building, to provide additional parking on the site should be a condition of the approval of this application. All in all, we feel that this application is in order and the Standards for Special Use Permits can be met and recommend approval subject to the following conditions: 1. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. The special use permit is issued to the applicant as operator of a communications service center involving a retail showroom for displaying and selling electronic equipment as well as an office in conjunction with this operation. No other commercial activity is acknowledged by this special use permit approval. 4. The owner of the property shall acknowledge his responsibility for guaranteeing the striping and delineating of additional parking stalls at the northwest corner of the site upon a determination by the City that parking demand on the site exceeds the available number of parking spaces. 5• Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 3 -26 -87 -2- t::i_ Lil 1- I f -c .� 62 • 69TH 35 +36 CITY 1 / R 5 MAINTENANCE BUILDING z CREEK -' Aq a m OPEN SPACE 67TH AVE: _- z _ APPLICATION -_- - =_ - - - FREEWAY BLVD. r G 2 x � C IV I Ar >RK - � SuM�r o I ENN. CO. LIBRARY „Q 11 ONnvoy . E f'a fns! Ar za 90 Calerele )7\\ re 264.0 .... I `. `,� '' •' ^�-, So r N I fig 1 // d y a I 86 OS / w 'Opp.. �... ;, • VVVf 41 AOt� 4.0¢ I _ v=) r I r I� I _ z I r� I r (D , 1 C I D 1 rD p f fit/ 1 491.95 i ZZ l� A "/'NFwJ _�l ._ CoiciPl C urd �f f�U /�lnQ A �- — -- - -_ — s ll� CITY . 6301 SHINGLE CREEK PARKWAY B BROOKLYN CENTER, MINNESOTA 55430 FROO TELEPHONE 561 -5440 C E LATER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Peter M. Koole, City Assessor DATE: March 30, 1987 SUBJECT: House File No. 1124, Schreiber, Voss, Minne I have some concerns with House File 1124 regarding the sections starting in Subdivision 7 dealing with the division of duties between the Local and County Assessor. This bill would remove the authority to view and appraise the value of commercial, industrial and employment property from t ym p p y he City ssessor and i places it with the County Assessor, y Subdivision 8, Section 13 allows the County Assessor to designate the local Assessor "view, appraise and recommend to the County Assessor the value of com- mercial cial and industrial u trial property if i the local Assessor is a full -time employee of the to cal ni u t of over nmen g t; the local Assessor or full -time appraiser ser employed by the local unit of government has senior accreditation from the State Board of Assessors by January 1, 1989; and (iii) the local Assessor has adequate and current records on the appraisal of commercial and industrial ro ert lo- ca ted in P P y the local unit of government. Subdivision 9, removes the authority of the local board of equalization to review the assessment on commercial, industrial and employment property. M.S. 273.063 is amended to apply to the above provision. This statute gives cities of the first class and cities over 30,000 in population the duties and powers of the County Assessor. The loss of authority under M.S. 273.063 I view as critical. In practice, this has allowed us the freedom and authority to assess property, under state law, as we see it in the best interests of the City. We may negotiate and settle appeals in the best interests of Brooklyn Center which may or may not coincide with County -wide interests. „74 . Nou �„ Page 2 Outlined below are some observations of the roblems p this bill has in it; 1.) Total removal of commercial - industrial property assessment authority from local units of government segments the assess - ment and erodes the power of local government further. This has the effect of destabilizing the property tax system and confusing the taxpayer. 2.) The appointment by the County Assessor of a full -time local Assessor to appraise commercial - industrial property may pre- vent some assessors who are full -time assessors, but not an employee of any one city from assessing commercial- industrial property. These would be joint assessment districts. 3.) The appointment of a local Assessor by the County Assessor depends upon the local Assessor holding the Senior accred- itation designation. The State Board of Assessors does not even require that all County Assessors be Senior accredited, however any employee of the local unit would have to be. This would have cost implications for small jurisdictions. 4.) Removal of the authority of the local board of equalization to review the commercial industrial assessment will confuse taxpayers and fly in the face of local control and repre- sentation of a local tax. 5.) Removal of the authority and control over commercial - industrial property assessments by city government further abrogates the Cities authority over its own affairs by its elected and sub- sequently appointed officials. It can be proven that even in Counties with a full County Assessor system, commercial- industrial property assessment is often below state standards. Those local Assessors in the metro area and places like Duluth, Marshall, Willmar, Moorhead, etc. who are doing a good job and often lead their Counties in proffessionaiism and competence should not be placed in a compromised and difficult position of serving two masters. [REVISOR ] JCR /RD 87 -0078 '3- 18 -87 "` ' Introduced by Schreiber, Voss, Minne H.F. No. 1124 March 23, 1987 Companion S.F. No. Referred to Committee'on TAXES U. -X(z Reproduced by PHILLIPS LEGISLATIVE SERVICE 1 A bill for an act 2 relating to taxation; property; changing the meeting 3 dates for local boards of review and the state board 4 of equalization; changing other miscellaneous dates; 5 providing for appraisal of commercial - industrial 6 property by the county assessor; providing for 7 assessment of commercial- industrial property in the 8 city of St. Cloud; modifying the appeal process; 9 suspending the annual assessment requirement for one 10 year; amending Minnesota Statutes 1986, sections 11 270.11, subdivisions 1, 2, 5, and 7; 270.12, - 12 subdivisions 2 and 270.13; 270.87; 271.21, 13 subdivision 2; 273.061, subdivisions 7, 8, and 9; X14 273.063; 273.11, by adding a subdivision; 273.33, 15 subdivision 2; 273.37, subdivision 2; 274.01, 16 subdivision 1; 274.14; 274.16; 275.07, subdivision 1; 17 and Laws 1974, chapter 175, section 1. 18 19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 20 Section 1. Minnesota Statutes 1986, section 270.11, 21 subdivision 1, is amended to read: 22 Subdivision 1. [TO ACT AS STATE BOARD OF EQUALIZATION.] 23 The commissioner of revenue shall have and exercise all the 24 rights, powers and authority by law vested in the state board of 25 equalization, which board of equalization is hereby continued, 26 with full power and authority to review, modify, and revise all 27 of the acts and proceedings of the commissioner in so far as 28 they relate to the equalization and valuation of property 29 assessed for taxation, as prescribed by section 270.12; -which 30 state- board- ef- egna�ization- �ha�� meet on Angssst � - e£ - each - 31 dssring- its - existence. 1 3 -18 -87 [REVISOR ] JCR /RD 87 -0078 1 Sec. 2. Minnesota Statutes 1986, section 270.11, 2 subdivision 2, is amended to read: 3 Subd. 2. [COUNTY ASSESSOR'S REPORTS OF ASSESSMZNT FILED 4 WITH COMMISSIONER.] The assessor of each county in the state 5 shall file by June 1 with the commissioner of revenue a copy of 6 the abstract which will be acted upon by the county board of 7 review. The abstract must list the real and perso property 8 in the county, as equalized by the local board of review or 9 equalization itemized by assessment districts. A pr inted or 10 typewritten copy of the proceedings of the local board o review 11 or equalization must also be filed with the commissioner. 12 Failure to submit the abstract as required shall result in a 13 penalty of $ The penalty must be deducted from the 14 homestead credit payment made to the county in July. The 15 The assessor,of each county 16 in the state to shall file with the commissioner, on-or-before 17 Aagust -l; -each- pear; - complete abatracta - of - all - real - and - perso 18 property - the countp7 - a9 - equalized - bp - the - county board -of 19 .equalization, -- and - itemized- bp- aase�snent districts; within five 20 working days following final action of the cou board of 21 equalization, any changes made by the coun board of 22 equalization. The information must be filed in the manner 23 prescribed by the commissioner. It must be accompanied by a 24 printed or typewritten copy of the proceedings of the county 25 board of equalization;- and - it - Shall - be - the - duty - t - c 26 assessor to - 3o - report - to - the - commissioner - of - reve 27 The final abstract of assessments after adjustments by the 28 state board of equalization and inclusion of any y omitted 29 property shall be submitted to the commissioner of revenue on or 30 before aannarp -1 November 15 of each calendar year. 31 Sec. 3. Minnesota Statutes 1986, section 270.11, 32 subdivision 5, is amended to read: 33 Subd. 5. [EXAMINATION OF COMPLAINTS; PR6eBBBINGS IMPROPER 34 ADMINISTRATION The commissioner of revenue shall receive 35 complaints and carefully i nto all cases where it is examine 36 alleged that property subject to taxation has systematically not 2 3 -18 -87 (REVISOR ] JCR /RD 87 -0078 1 been assessed or has been systematically fraudulently or- far -any 2 reason improperly, or unequally assessed, or the law in any 3 manner evaded or violated, and cause to be instituted such 4 proceedings as will remedy systematic improper or negligent 5 administration of the taring of the state. 6 Sec. 4. Minnesota Statutes 1986, section 270.11, 7 subdivision 7, is amended to read: 8 Subd. 7. (APPEARANCES BEFORE THE COMMISSIONER APPEALS A 9 property owner;- other - than -a public - utility - or - mining co 10 for - which- the - original - assessments are - determine -b y -the 11 commissioner -of revenue; may not appear before the commissioner 12 for - the - purposes- provided -in- subdivision- 5 -or -6 unless a 13 appearance -in- person;- by or - by - written c ommunication 14 has - been - made - before- the- cot�ntp board of egneiisat -as 15 provided -in- 5ection- 2747i3; - to - appeal the - assessme -of - the 16 property; -or -t hat - the - property - owner can establibh not - receivin 17 netice - of - marret vaine at icast five - deys - before the io eai - board 18 of- review- meeting: 19 (1) the person is aooearing und subdivision 5 or 6; 20 (2) the person is appealing the classifica or 21 assessment of commercial and industrial or emp loyment property; 22 or 23 (3) the person is appealing the classification or 24 assessment of property that has been original assessed by the 25 commissioner of revenue 26 Except as provided in this sec tion, the commissioner may 27 shall refuse to hear an appeal that -is- within- the - jurisdiction 28 of- the- ame��- claims- division - of - the - tax eourt - as - stated - 29 section - 271.-21; - subdivision -2. The property owner shall be 30 notified by the commissioner of the right to appeal to the small 31 claims division whenever an appeal to the commissioner is denied. 32 Sec. 5. Minnesota Statutes 1986, section 270.12, 33 subdivision 2, is amended to read: 34 Subd. 2. The board shall meet annually on- August 35 15 between July 1 and October l at the office of the 36 commissioner of revenue and examine and compare the returns of 3 3 -18 -87 (REVISOR ) JCR /RD 87 -0078 1 the assessment of the property in the several counties, and 2 equalize the same so that all the taxable property in the state 3 shall be assessed at its market value, subject to the following 4 rules: 5 (1) The board shall add to the aggregate valuation of the 6 real property of every county, which the board believes to be 7 valued below its market value in money, such percent as will 8 bring the same to its market value in money; 9 (2) The board shall deduct from the aggregate valuation of 10 the real property of every county, which the board believes to 11 be valued above its market value in money, such percent as will 12 reduce the same to its market value in money; 13 (3) If the board believes the valuation of the real 14 property of any town or district in any county, or the valuation 15 of the real property of any county not in towns or cities, 16 should be raised or reduced, without raising or reducing the 17 other real property of such county, or without raising or 18 reducing it in the same ratio, the board may add to, or take 19 from, the valuation of any one or more of such towns or cities, 20 or of the property not in towns or cities, such percent as the 21 board believes will raise or reduce the same to its market value 22 in money; 23 (4) The board shall add to the aggregate valuation of any 24 class of personal property of any county, town, or city, which 25 the board believes to be valued below the market value thereof, 26 such percent as will raise the same to its market value in money; 27 (5) The board shall take from the aggregate valuation of 28 any class of personal property in any county, town or city, 29 which the board believes to be valued above the market value 30 thereof, such percent as will reduce the same to its market 31 value in money; 32 (6) The board shall not reduce the aggregate valuation of 33 all the property of the state, as returned by the several county 34 auditors, more than one percent on the whole valuation thereof; 35 (7) When it would be of assistance in equalizing values the 36 board may require any county auditor to furnish statements 4 r- 3 -18 -87 - - [REVISOR R I JCR /RD 87 -0078 1 showing assessments of real and personal property of any 2 individuals, firms, or corporations within the county. The 3 board shall consider and equalize such assessments and may 4 increase the assessment of individuals, firms, or corporations 5 above the amount Y returned b the county board.of equalization 6 when it shall appear to be undervalued, first giving notice to 7 such persons of the intention of the board so to do, which 8 notice shall fix a time and place of hearing. The board shall 9 not decrease any such assessment below the valuation placed by 10 the county board of equalization; and 11 (8) In equalizing values pursuant to this section, the 12 board shall utilize a 12-month assessment /sales ratio study. 13 conducted by the department of revenue containing only Sales 14 that occurred between October 1 of the year immediately 15 preceding the previous year to September 30 of the previous 16 year. The sales prices used in the study must be discounted fore. 17 terms of financing. The board shall use the median ratio as the 18 statistical measure of the level of assessment for any 19 particular category of property. 20 Sec. 6. Minnesota Statutes 1986, section 270.12, . 21, subdivision 3, is amended to read: 22 Subd. 3. •Por- trues- lensed -in -985- and - thereafter When a 23 taxing jurisdiction lies in two or more counties, if the sales 24 ratio studies prepared by the department of revenue show that 25 the average levels of assessment in the several portions of the 26 taxing jurisdictions in the different counties differ by more 27 than five percent, the board may order the app ortionment of the • 28 levy. When the sales ratio studies prepared by the department 29 of revenue show that the average levels of assessment in the 3.0 several portions of the taxing jurisdictions in the different 31 counties differ by more than ten percent, the board shall order 32 the apportionment of the levy unless (a) the proportion of total 33 adjusted assessed value in one of the counties is less than ten 34 percent of the total adjusted assessed value in the taring 35 jurisdiction and the average level of assessment in that portion 36 of the taxing jurisdiction is the level which differs by more _� 5 rs 3 -18 -87 - (REVISOR J JCR /RD 87 -0078 1 than five percent from the assessment level in any one of the 2 other portions of the taxing jurisdiction; (b) significant 3 changes have been made.in the level of assessment in_the taxing 4 jurisdiction which have not been reflected in the sales ratio 5 study, and those changes alter the assessment levels in the 6 portions of the taxing jurisdiction so that the assessment level 7 now differs by five percent or less; or (c) commercial, 8 industrial, "mineral, or public utility property predominates in 9 one county within.the taxing jurisdiction and another class of 10 property predominates in another county within that same taxing 11 jurisdiction. If one or more of these factors are present, the 12 board may order the apportionment of the levy. 13 Notwithstanding any other provision, the levy for the 14 metropolitan mosquito control district, metropolitan council, 15 metropolitan transit district, and metropolitan transit area 16 must be apportioned without regard to the percentage difference. 17 If, pursuant to this subdivision, the board apportions the 18 levy, then that levy apportionment among the portions in the 19 different counties shall be made in the same proportion as the 20 adjusted assessed value as determined by the equalization aid 21 review committee in each portion is to the total adjusted 22 assessed value of theptaxing jurisdiction. 23 For the purposes.of this section, the average level of 24 assessment in ' a taxing jurisdiction or portion thereof shall be 25 the aggregate assessment sales ratio. Assessed values as 26 determined by the equalization aid review committee shall be the, 27 values as determined for the year preceding the year in which 28 the levy to be ;apportioned is levied. 29 Actions pursuant to this subdivision shall be commenced 30 subsequent to the annual meeting on Angn9t -1 July 1 of the 31 state board of equalization, but notice of the action shall be 32 given to the affected jurisdiction and the appropriate county 33 auditors by the following November -15 October I . i 34 Apportionment of a. levy pursuant to this subdivision shall 35 be considered as a remedy to be taken after equalization 36 pursuant to subdivision 2, and when equalization within the 6 3 -18 -87 (REVISOR ] JCR /RD 87 -0078 1 jurisdiction would disturb equalization within other 2 jurisdictions of which the several portions of the jurisdiction 3 in question are a part. 4 Sec. 7. Minnesota Statutes 1986, section 270.13, is 5 amended to read: 6 270.13 [RECORD OF PROCEEDINGS CHANGING ASSESSED VALUATION; 7 DUTIES OF COUNTY AUDITOR.] 8 A record of all proceedings of the commissioner of revenue 9 affecting any change in the assessed valuation of any property, 10 as revised by the state board of equalization, shall be kept by 11 the commissioner of revenue and a copy thereof, duly certified, 12 shall be mailed each year to the auditor of each county wherein 13 such property is situated, on or before November -15 October 1 or 14 30 days after submission of the abstract required by section 15 270.11, subdivision 2, whichever is later. This record shall 16 specify the amounts or amount, or both, added to or deducted 17 from the valuation of the real property of each of the several 18 towns and cities, and of the real property not in towns or 19 cities, also the percent or amount of both, added to or deducted 20 from the several classes of personal property in each of the 21 towns and cities, and also the amount added to or deducted from 22 the assessments of individuals, copartnerships, associations, or 23 corporations. The county auditor shall add to or deduct from 24 such tract or lot, or portion thereof, of any real property in 25 the county the required percent or amount, or both, on the 26 valuation thereof as it stood after equalized by the county 27 board, adding in each case a fractional sum of 50 cents or more, 28 and deducting in each case any fractional sum of less than 50 29 cents; so that no valuation of any separate tract or lot shall 30 contain any fraction of a dollar; and add to, or deduct from, 31 the several classes of personal property in the county the 32 required percent or amount, or both, on the valuation thereof as 33 it stood after equalized by the county board, adding or 34 deducting in manner aforesaid any fractional sum so that no 35 valuation of any separate class of personal property shall 36 contain a fraction of a dollar, and add to or deduct from 7 3 -18 -87 [REVISOR ] JCR /RD 87 -0078 1 assessments of individuals, copartnerships, associations, or 2 corporations, as they stood after equalization by the county 3 board, the required amounts to agree with the assessments as 4 returned by the commissioner of revenue. 5 Sec. 8. Minnesota Statutes 1986, section 270.87, is 6 amended to read: 7 270.87 (CERTIFICATION TO COUNTY ASSESSORS.] 8 After making an annual determination of the equalized fair 9 market value of the operating property of each company in each 10 of the respective counties, and in the taxing districts therein, 11 the commissioner shall certify the equalized fair market value 12 to the county assessor on or before October 1 , which shall 13 constitute the equalized fair market value of the operating 14 property of the railroad company in such county and the taxing 15 districts therein upon which taxes shall be levied and collected 16 in the same manner as on the commercial and industrial property 17 of such county and the taxing districts therein. 18 Sec. 9. Minnesota Statutes 1986, section 271.21, 19 subdivision 2, is amended to read: 20 Subd. 2. At the election of the taxpayer, the small claims' 21 division shall have jurisdiction only in the following matters: 22 (a) any case concerning the valuation, assessment, or 23 taxation of residential property homesteaded by the taxpayer; or 24 (b) any other case concerning the tax laws as defined in 25 section 271.01, subdivision 5 in which the amount of tax in 26 controversy does not exceed $2;509 $51000 including penalty and 27 interest. 28 Sec. 10. Minnesota Statutes 1986, section 273.061, 29 subdivision 7, is amended to read: 30 Subd. 7 (DIVISION OF DUTIES BETWEEN LOCAL AND COUNTY 31 ASSESSOR.] The duty of the duly appointed local assessor shall 32 be to view and appraise the value of all property except 33 commercial and industrial and employment property cl assified in 34 section 273 13, subdiv .- •ion 24, paragrap (a) and (b), as 35 provided by law, but all the book work shall be done by the 36 county assessor, or the assessor's assistants, and the value of 8 3-18-87 (REVISOR JCR /RD 87 -0078 1 all property subject to assessment and taxation shall be 2 determined by the county assessor, except as otherwise 3 hereinafter provided. , 4 The local assessor shall view and app the value of 5 commercial and industrial and employment prop if designated 6 to do so by the county assessor under section 273.061, 7 subdivision 8, clause (13).. 8 Sec. 11. Minnesota Statutes 1986, section 273.061, 9 subdivision 8, is amended to read: 10 Subd. 8. (POWERS AND DUTIES.) The county assessor shall 11 have the following powers and duties: 12 (1) To call upon and confer with the township and city 13 assessors in the county, and advise and give them the necessary 14 instructions and directions as to their duties under the laws of 15 this state, to the end that a uniform assessment of all real 16 property in the county will be attained. 17 (2) To assist and instruct the local assessors in the 18 preparation and proper use of land maps and record cards, in the 19 property classification of real and personal property, and in 20 the determination of proper standards of value. 21 (3) To keep the local assessors in the county advised of 22 all changes in assessment laws and all instructions which the 23 assessor receives from the commissioner of revenue relating to 24 their duties. 25 (4) To have authority to require the attendance of groups 26 of local assessors at sectional meetings called by the assessor 27 for the purpose of giving them further assistance and 28 instruction as to their duties. 29 (5) To immediately commence the preparation of a large 30 scale topographical land map of the county, in such form as may 31 be prescribed by the commissioner of revenue, showing thereon 32 the location of all railroads, highways and roads, bridges, 33 rivers and lakes, swamp areas, wooded tracts, stony ridges and 34 other features which might affect the value of the land. 35 Appropriate symbols shall be used to indicate the best, the fair 36 and the poor land of the county. For use in connection with the 9 r 3 -18 -87 (REVISOR ) JCR /RD 87 -0078 1 topographical land map, the assessor shall prepare and keep 2 available in the assessor's office tables showing fair average 3 minimum and maximum market values per acre of cultivated, 4 meadow, pasture, cut - over, timber and waste lands of each 5 township. The assessor shall keep the map and tables available 6 in the office for the guidance of town assessors, boards of 7 review, and the county board of equalization. 8 (6) To also prepare and keep available in the office for 9 the guidance of town assessors, boards of review and the county 10 board of equalization, a land valuation map of the county, in 11 such form as may be prescribed by the commissioner of revenue. 12 This map, which shall include the bordering tier of townships of 13 each county adjoining, shall show the average market value per 14 acre, both with and without improvements, as finally equalized 15 in the last assessment of real estate, of all land in each town 16 or unorganized township which lies outside the corporate limits 17 of cities. 18 (7) To regularly examine all conveyances of land outside 19 the corporate limits of cities of the first and second class, 20 filed with the county recorder of the county, and keep a file, 21 by descriptions, of the considerations shown thereon. From the 22 information obtained by comparing the considerations shown with . 23 the market values assessed, the assessor shall make 24 recommendations to the county board of equalization of necessary 25 changes in individual assessments or aggregate valuations. 26 (8) To prepare annually and keep available in the 27 assessor's office for the guidance of boards of review and the 28 county board of equalization, a table showing the market value 29 per capita of all personal property in each assessment district 30 in the county as finally equalized in the last previous 31 assessment of personal property. For the guidance of the county 32 board of equalization, the assessor shall also add to the table 33 the market value per capita of all personal property of each 34 assessment district for the current year as equalized by the 35 local board of review. 36 (9) To become familiar with the values of the different 10 - 3 -18 -87 - - (REVISOR JCR /RD 87-0078 1 items of personal property so as to be in a position when called 2 upon to advise the boards of review and the county board of 3 equalization concerning property, market values thereof. 4 (10) While the county board of equalization is in session, 5 to give it every possible assistance to enable it to perform its 6 duties. The assessor shall furnish the board with all necessary 7 charts, tables, comparisons and data which it requires in its 8 deliberations, and shall make whatever investigations the board 9 may desire. 10 (11) At the of either the board of county 11 commissioners or the commissioner of revenue, to investigate 12 applications for reductions of valuation and abatements and 13 settlements of taxes, examine the real or personal property 14 involved, and submit written reports and recommendations with 15 respect to the applications, in such form as may be prescribed 16 by the board of county commissioners and commissioner of revenue. 17 (12) To make diligent search each year for real and 18 personal property which has been omitted from assessment in the 19 county, and report all such omissions to the county auditor. 20 (13) To personally view and determine the value of all 21 commercial and industrial and employment property classifie in 22 section 273.13, subdivision 24, paragraphs (a) and (b), l o c ated 23 within the county. The county assessor may designate the local 24 assessor to personally view, appraise, and recommend to the 25 county assessor the value of commercial and industrial and 26 employment property if (i) the local assessor is a full -time 27 employee of the local unit of government; (ii) the local 28 assessor or a full -time appraiser employed by the local u nit of 29 government has senior accreditation from the state board of 30 assessors by January 1, 1989; and (iii) the local assessor has 31 adequate and current records on t appraisal of commercial and 32 industrial and employment property located in the local u nit of 33 government. 34 (14) To regularly confer with county assessors in all 35 adjacent counties about the assessment of property in orde to 36 uniformly assess and equalize the value of si milar properties 11 3 -18 -87 [REVISOR ) JCR /RD 87 -0078 1 and classes of property located i adjacen counties. The 2 confe rence shall emphasize the assess of agr icultural and 3 commercial and industrial p or other properties that ma 4 have an inadequate number of sales i . a single county._ 5 15 To render such other services pertaining to the 6 assessment of real'and property in the county as are 7 not inconsistent with the duties set forth in this section, and 8 as may be required by board of county commissioners or by 9 the commissioner of revenue. 10 Sec. 12. Minnesota Statutes 1986, section 273.061, 11 subdivision 9, is amended to read: 12 Subd. 9. [ADDITIONAL GENERAL DUTIES.] Additional duties of 13 the county assessor'shall be as follows: (a) to make all 14 assessments, based upon the appraised values reported by the. 15 local assessors or assistants and the county assessor's own 16 knowledge of the value • of the property assessed; (b) to 17 personally view and determine the value of any property which 'character may type or Y be difficult for the local 18 because of'its yp 19 assessor to appraise; (c) to make all changes ordered by the 20 local boards of review, relative to the assessed value of the 21 property of any individual, firm or corporation after notice has 22 been given and hearings held as provided by law. A local board 23' of review have the power wer to reduce assessments other than shall '24 assess of commercial and indus and emplo yment 25 property,_ upon petition of the taxpayer but the total of such 26 adjustments shall not reduce the aggregate assessment made by 27 the county ass y assessor b more than one percent of said aggregate 28 assessment. If the total of such adjustments would lower the 29 aggregate assessments.made by the county assessor by more than 30 one percent, none of such adjustments shall be allowed. The 31 assessor shall correct any clerical errors or double assessments 32 discovered by the board of review without affecting the one 33 percent referred to above; (d) to enter all assessments in the 34 assessment books, furnished by the county auditor, with each 35 book and the tabular statements for each book in correct 36 balance; (e) to prepare all assessment cards, charts, maps and 12 � s 3 -18-87 (REVISOR ] JCR /RD 87 -0078 1 any other forms prescribed by the commissioner of revenue; (f) 2 to attend the meeting of the county board of equalization; to 3 investigate and report on any assessment ordered by said board; 4 to enter all changes made by said board in the assessment books 5 and prepare the abstract of assessments for the commissioner of 6 revenue; to enter all changes made by the state board of 7 equalization in the assessment books; to deduct all exemptions 8 authorized by law from each assessment and certify to the county 9 auditor the taxable value of each parcel of land, as described 10 and listed in the assessment books by the county auditor, and 11 the taxable value of the personal property of each person, firm, 12 or corporation assessed; (g) to investigate and make 13 recommendations relative to all applications for the abatement 14 of taxes or applications for the reduction of the assessed 15 valuation of any property; (h) to perform all other duties 16 relating to the assessment of property for the purpose of 17 taxation which may be required by the commissioner of revenue. 18 Sec. 13. Minnesota Statutes 1986, section 273.063, is 19 amended to read: 20 273.063 (APPLICATION; LIMITATIONS.] 21 (a) The provisions of Extra Session Laws 1967, Chapter 32, 22 Article 8, shall apply to all counties except Ramsey county. 23 (b) The following limitations shall apply as to the extent 24 of the county assessors jurisdiction: 25 In counties having a city of the first class, the powers 26 and duties of the county assessor within such city shall be 27 performed by the duly appointed city assessor. In all other 28 cities having a population of 30,000 persons or more, according 29 to the last preceding federal census, except in counties having 30 a county assessor on January 1, 1967, the powers and duties of 31 the county assessor within such cities shall be performed by the 32 duly appointed city assessor, provided that the county assessor 33 shall retain the supervisory duties contained in section 34 273.061, subdivision 8. 35' (c) Notwithstanding paragraphs (a) and (b), the county 36 assessor shall assess all commercial and industrial and 13 3 -18 -87 (REVISOR J JCR /RD 87-0078 1 employ property located withi the county a s provided in 2 section 273 061, subdivision 8, p aragraph (13). 3 Sec..14. Minnesota Statutes 1986, section 273.11, is 4 amended by adding a subdivision to read: 5 Subd. 10. (VALUATION OF AGRICULTURAL LAND.) Annually on 6 December 1 beginning in 1988 and each year there after, the 7 commissioner of revenue shall rerovide county assessors with a 8 land valuation schedule showing a range of value to be used in 9 the valuation of agricultural lands for t he succeeding year's 10 assess The land valuation schedule shall be develop 11 matching the sales data obtained on the certificates of real 12 estate value filed in the 12 -month perio between October 1 of 13 the year immedi ately preceding to September 30 of the current 14 year with information obtained from soi surveys. A ra nge of 15 value for each major soil type by regio will be prov ided. 16 Counties having similar soil types, numbe of degree days, and 17 other similar characteristics will be gro uped into regi for 18 p urposes of the valuation schedule. The departme of revenue, 19 in cons ultation with the county assessors shall dev elop the 20 land valuation schedule. 21 Sec. 15. Minnesota Statutes 1986, section 273.33, 22 subdivision 2, is amended to read: 23 Subd. 2. The personal property, consisting of the pipeline 24 system of mains, pipes and equipment attached thereto, of 25 pipeline companies and others engaged in the operations or 26 business of transporting natural gas, gasoline, crude oil, or 27 other petroleum products by pipe lines, shall be listed with and 28 assessed by the commissioner of revenue. This subdivision shall 29 not apply to the assessment of the products transported through 30 the pipe lines nor to the lines of local commercial gas 31 companies engaged primarily in the business of distributing gas 32 to consumers at retail nor to pipe lines used by the owner 33 thereof to supply natural gas or other petroleum products 34 exclusively for such owner's own consumption and not for resale 35 to others. On or before the - fifteenth- dap -of- November October 36 1, the commissioner shall certify to the auditor of each county, 14 . 3 -18 -87 (REVISOR J JCR /RD 87 -0078 1 the amount of such personal property assessment against each 2 company in each district in which such property is located. 3 Sec. 16. Minnesota Statutes 1986, section 273.37, 4 subdivision 2, is amended to read: 5 Subd. 2. Transmission lines of less than 69 kv, 6 transmission ion lines of 69 kv and above located in an unorganized 7 township, and distribution lines, and equipment attached 8 thereto, having a fixed situs outside the corporate limits of 9 cities except distribution lines taxed as provided in sections 10 273.40 and 273.41, shall be listed with and assessed by the 11 commissioner of revenue in the county where situated. The 12 commissioner shall assess such property at the percentage of 13 market value fixed by law; and, on or before the -15th dap - ef 14 November October 1 , shall certify to the auditor of each county 15 in which such property is located the amount of the assessment 16 made against each company and person owning such property. . 17 Sec. 17. Minnesota Statutes 1986, section 274.01, 18 subdivision 1, is amended to read: 19 Subdivision 1. (a) The town board of each town, the 20 council or other governing body of each city, except in cities 21 whose charters provide for a board of equalization, shall be a 22 board of review. The county assessor shall fix a day and time 23 when each of -each- boards board and the board of equalization of 24 any city whose charter provides for a board of equalization 25 shall meet in the several assessment districts of the county, 26 and shall on or before April -15t February 1 of each year give 27 written notice thereof to the clerk. Sdch- meetrng5 28 Notwithstanding the provisions of any charter to the contrary 29 shall the meeting must be held between April -lst March 15 and 30 dune -30th May 20 in each year; -and. The clerk shall give 31 published and posted notice of such the meeting at least ten 32 days prior to the date fixed. Such The board shall meet at the 33 office of the clerk to review the assessment and classification 0 34 of property in such town or district, and immediately proceed to 35 examine and see that all taxable property in the town or 36 district has been properly placed upon the list, and duly valued 15 ,3- 18 -87 [REVISOR ) JCR /RD 87 -0078 1 by the assessor. fn -ca3e If any property, real or 2 personal Shall -have has been omitted, the board shall place it 3 upon the list with its market value, and correct the assessment 4 so that each tract or lot of real property, and each article, 5 parcel, or class of personal property, shall - be is entered on 6 the assessment list at its market value; but no assessment of 7 the property of any person shall be raised until the person has 8 been duly notified of the intent of the board so to do. On 9 application of any person feeling aggrieved, the board shall 10 review the assessment or cla ssification or both, and correct it 11 as shall appear just. A majority of the members may act at such 12 meeting, and adjourn from day to day until they finish the 13 hearing of all cases presented. The assessor shall attend, with 14 the assessment books and papers, and take part in the 15 proceedings, but shall not vote. The county assessor, or an 16 assistant delegated by the county assessor shall attend such 17 meetings. The board shall list separately, on a form appended 18 to the assessment book, all omitted property added to the list 19 by the board and all items of property increased or decreased, 20 with the market value of each item of property, added or changed' 21 by the board, placed opposite such item. The county assessor 11 enter all changes made by the board in the assessment book.` 22 sha 23 (b) Exce as provided in paragraph (c ), if a person fails 24 to appear in person, by counsel, or by written communication 25 before the board after being duly notified of the board's intent 26 to raise the assessment of the property, or if a person feeling 27 aggrieved by,an assessment or classification fails to apply for 28 a review of the assessment or classification, the person may not 29 appear before the county board of equalization for a review of 30 the assessment or classification, except when an assessment was 31 made subsequent to the meeting of the board, as provided in 32 section 273.01, or that the person can establish not having 33 received notice of market value at least five days before the is 34 local board of review meeting. 35 The board of review, and the board of equalization of any 36 city, unless a longer period is approved by the commissioner of 16 • 3 -18 -37 _ _ ( JCR /RD 87 - 0078 1 revenue, shall complete its work and adjourn within 20 days from 2 the time of convening specified in the notice of the clerk and 3 no action taken subsequent to such date shall be valid. All 4 complaints laints in reference to any assessment or classification made 5 after eetin of sucn board, shall be heard and determined the m g 6 by the county board of equalization. Any nonresident may, at 7 any time, before the meeting of the board of review file written 8 objections to an assessment or classification with the county 9 assessor and if any such objections are filed they shall be 10 presented to the board of review at its meeting by the county 11 assessor for its consideration. 12 (c The local board may not increase or decrease the 13 estimated market value of commercial and industrial and 14 employment property. Comolaints in reference to any assessment 15 or classi fication of commercial and industrial and employment must be hear a the count board of 16 propert d nd determi b Y Y 17 equalization. Persons may re guest a review of the assessment or 18 classific of commercial and industrial and employment 19 p roperty by the county board of equ alization with appearing 20 before the l ocal board. 21 Sec. 18. Minnesota Statutes 1986, section 274.14, is 22 amended to read: 23 274.14 (LENGTH OF SESSION; RECORD.] the s ecial board of 24 The county board of equalization or P _ - d- ad'oarn b it ma eortt ina e -in session an ' atio n appointed Y p e ualiz 25 q 26 from- time -to- time - commencing -on- the - first- Monday -fo�� owing -the 27 fourth- dap- of- 3aip- or - -i¢- the - first - Monday- foiioMing- the - fourth 28 dap- of- 3alp- i9-a-lega }- holidap;- the- tirat- Taesdap- feilowing -the 29 fourth- dnp-ef -du�p- and - ending- on -or- before - the - tenth - fob }ewing 30 working - dap; - when- it- shall-adjourn- and -no- action -taken 31 subsequent -to- the - dap -of- adjournment shall be- valid- unless - a 32 longer- �ee3ion- period -is- approved -bp- the- commi�gioner -of- revenue 33 meet during the first two weeks in June. The commissioner may 34 extend the session period to August -10 June 30 but no action 35 taken by the coun unt board of review after the extended 36 termination date shall be valid. The county auditor shall keep 17 3 -18 -87 (REVISOR J JCR /RD 87 -0078 ' 1 an accurate record of the proceedings and orders of the board, 2 which record shall be published in the same manner as other 3 proceedings of county commissioners. A copy of zach.the 4 published record shall must be transmitted to the commissioner 5 of revenue, with the abstract of assessment required by section 6 274.16. 7 Sec. 19. Minnesota'Statutes 1986, section 274.16, is 8 amended to read: 9 274.16 (CORRECTED LISTS, ABSTRACTS.) 10 The county assessor or, in Ramsey county, the official 11 designated by the, board of county commissioners shall calculate 12 the changes of the assessment lists determined by the county 13 board of equalization, and make corrections accordingly, in the 14 real or personal lists, or both, and shall make duplicate' 15 abstracts of the same; one shall be filed in the assessor's 16 office, and one shall be forwarded to the commissioner of 17 revenue on -or- before- Angr:st -1 as provided in section 27 0.11, 18 subdivision 2 19 Sec. 20. Minnesota Statutes 1986, section 275.07, 20 subdivision 1, is amended to read: 21 Subdivision 1. The taxes voted by cities, towns, and 22 school districts shall be certified by the proper authorities to 23 the county auditor on or before October 10 in each year. If a 24 city, town, county, school district or special district fails to 25 certify its levy by that date, its levy shall be the amount 26 levied by it for the preceding year. Lf the local unit notifies 27 the commissioner'of revenue before October 10 of its inability 28 to certify its levy by that date, and the commissioner is 29 satisfied that the delay is unavoidable and is not due to the 30 negligence of the local unit's officials or staff, the 31 commissioner shall extend the time within which the local unit 32 shall certify its levy uo to 15 calendar days beyond the date of 33 reques for extension For 1988 only, t he commissioner may 34 exten the certification time to November 7 if the requ irements 35 of this subdivision are met 36 Sec. 21. Laws 1974, chapter 175, section 1, is amended to 18 a 3 -18 -87 [REVISOR ] JCR /RD 87 -0078 1 read: 2 Section 1. [ST. CLOUD, CITY OF; CITY ASSESSOR.] 3 Notwithstanding Minnesota Statutes, section 273.061, subdivision 4 8, clause (3), in the city of St. Cloud, the functions of the 5 county assessor shall -.be performed by the city assessor. 6 Sec. 22. [EFFECTIVE DATE.] 7 Sections 1 to 9, section 11, clause (14) section 17, 8 paragraph (a), and sections 15, 16, and 18 to 20 are effective 9 for the 1988 assessment and thereafter, and t axes payable in 10 1989 and thereafter. Section 10, section 11, clause (13), 11 sections 12 to 14, and the rest of section. 17 are effective in 12 the 1989 assessment and thereafter, and taxes payable in 1990 13 and thereafter. 14 Pursuant to section 645 021, subdivision 1, paragraph (b), 15 section 21 is effective without local appro for assessments 16 in 1989 and thereafter. 19 //0-1 Member introduced the following resolution and moved its adoption: RESOLUTION REGARDING HOUSE FILE 1124 PERTAINING TO REMOVAL OF RESPONSIBILITY AND AUTHORITY FOR THE ASSESSMENT OF COMMERCIAL AND INDUSTRIAL PROPERTY FROM THE LOCAL ASSESSOR RESOLUTION NO. WHEREAS, House File No. 1124 has I been introduced in the 1987 Minnesota Legislature; and WHEREAS, in part, the effect of this legislation would be to remove ultimate responsibility and authority for the assessment of commercial and industrial property from the City Assessor; and WHEREAS, the further effect of this legislation would be to no longer permit the review of the assessment of commercial and industrial property by the Brooklyn Center Board of Equalization; and WHEREAS, this legislation would allow a County Assessor to designate a City Assessor to view and appraise commercial and industrial property, however, in some counties said City Assessor would be required to have a higher level professional designation from the State Board of Assessors than the appointing County Assessor; and WHEREAS, under this bill, designated City Assessors who may be appointed to appraise commercial and industrial property must be a full -time employee of said local unit of government thus apparently prohibiting those full -time assessors now employed by more than one taxing district under contract in joint assessment districts from performing said duties; and WHEREAS, , the effects of this action would confuse taxpayers, de- stabilize the administration of the property tax system and further erode the ability of local governments to arrange and control local affairs; and WHEREAS, the City Council of the City of Brooklyn Center supports efforts to improve and strengthen assessment practices and standards in Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The Legislators representing the City of Brooklyn Center oppose those parts of House File No. 1124 and its companion Senate File No. 1185 that remove assessment responsibility and authority from the City Assessor and local Board of Equalization. RESOLUTION NO. 2. The bill be amended to achieve improved and strengthened assessment practices and standards while maintaining the City of Brooklyn Center's responsibility and authority for assessment and equalization under existing legislation. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i lle MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Patti Page, Administrative Aid DATE: April 1, 1987 SUBJECT: Request to Transfer Chairs to Liquor Stores and Fire Department I have received requests from the Liquor Stores Manager and the Assistant � g Fire Chief regarding the chairs which g have recently ntl Y been declared surplus property. I have given 26 chairs to the Police Department and have approximately 66 chairs left. The Liquor Stores have requested four chairs and the Fire Department five. This would leave approximately 57 chairs to be sold to other cities or at the auction. I recommend transferring the chairs to these two departments unless we want to consider buying new chairs for these department in the 1988 budget. Unfortunately I have not received much response regarding the sale of the used chairs. By trading chairs with the Police Department we have a much poorer quality of chairs to offer for sale I believe we may have to sell them m at the auction or to a private party for much less than we had anticipated. This will result in a cost over run in the Unallocated Departmental Expense budget for office furniture. I have drafted a resolution transferring an appropriation from the ntin e co nc g y fund to cover the cost over run of the new furniture. If and when the old chairs are sold the money will be credited to the general fund. t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the actual receipts for office furniture exceed the appropriation in the Unallocated Department Expense budget by $2,148.28. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1987 General Fund Budget as follows: Increase the Appropriations for the following line items: Unallocated Departmental p ntal Expense #80, Office Furniture #4551 $2,148.28 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member I , 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 B R OOKLYN OF BROOKLYN CENTER, MINNESOTA 55430 C ENTER TELEPHONE 561 -5440 ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 2, 1987 RE: Public Utility Rate Study Following the City Council's discussion, City staff has developed the following supplemental information: 1. Water Utility Use Rates Three additional alternatives (i.e. Options D, E and F) have been developed and analyzed. y Following is a description of those options: Option D is identical to Option B (previously described), except that the first rate increase would not occur until the January 1, 1988 billing (in lieu of effecting that increase on July 1, 1987). Option E also assumes that the first rate increase will not occur until January y 1, 1988. Howeve r, this option tion rovides a major , increase p p f from $0.35,,per 1,000 gallons to $0.45 per 1,000 gallons (a 28.6% increase) at that first step, then smaller increases (approximately 6% per year) thereafter. Option F again assumes that the first rate increase will not be placed into effect until January 1, 1988. Under this option the rate is increased equally (i.e. $.04 per 1,000 gallons each year) over a 5 year period. On this basis, the average rate of increase is approximately 8 percent per year. The attached appendices and graphs show the effects of these options on rates and on reserve funds. Our studies indicate that the projected reserve in the Water Utility Fund by 1997 will be as follows, under each of the 6 options: April 2, 1987 Page 2 Option Projected 1997 Reserve A $3.4 million B 7.1 million C 9.7 million D 7.0 million E 7.2 million F 6.8 million 2. Sanitary Sewer Use Rates Only one additional option (i.e. Option D) has been developed and analyzed. That option provides the same step increases previously recommended in "Option B ", but again, delays the first step increase to january 1, 1988. As shown on the attached appendix and chart, and from the original study report, the projected reserve in the Sewer Utility Fund by 1997 will be as follows, under the various options: Option Projected 1997 Reserve A (depleted to 0 in 1996) B $4.1 million C 5.5 million D 3.9 million Recommendations 1. It is our opinion, that any of the following options for Water Utility rates will allow this utility to be operated and maintained at an acceptable level of service: Options B, D, E or F. 2. It is our opinion that either Options B or D for Sewer Utility rates will allow the Sewer utility to be operated and maintained at an acceptable level of service. 3. It is recommended that whichever alternate(s) is chosen the resolution which is adopted by the City Council should establish the rates for the next 5 years, i.e. through 1992, but with the provision that 1991 and 1992 rates could be adjusted by Council action if a study indicates the need for such adjustments. 4. It is suggested that the quarterly charge for a delinquent account be changed to 11 $3.00 or 10% - whichever is greater" in lieu of the "$56.00 or 10% whichever is greater" - if the City Council feels this will still provide adequate incentive to avoid delinquencies. Note: It is our opinion that the $5.00 charge does more accurately reflect actual costs for administration. However, the principal question is one of providing an adequate Q incentive. i April 2, 1987 Page 3 5. The curb stop /standpipe repair charge should be established at $40.00 as recommended. However, we will develop a more definitive basis for making this charge only when there is sufficient evidence that the property owner or his agent is responsible for the damage. We recommend this matter again be discussed at the April 6, 1987 Council meeting, and that the City Council then direct staff to prepare the appropriate resolution for official consideration at a subsequent meeting. Res ectfully submitted, Sy napp Director of Public Works SK:j „ I . SEWER UTILITY'S ANNUAL REVENUE REQUIREMENTS SPREADSHEET NUMBER 2 (INCLUDES OPTION D) DESCRIPTION 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 OPERATING REVENUE REQUIREMENT PERSONAL SERVICE $60,186 $104,848 $116,424 $78,063 $86,587 $90,916 $95,462 $100,235 $105,247 $110,509 $116,035 $121,837 $127,928 $134,325 $141,041 $148,093 $155,498 CONTRACTUAL SERVICE $165,590 $96,001 $113,335 $136,256 $154,876 $150,222 $157,733 $165,620 $173,901 $182,596 $191,726 $201,312 $211,378 $221,947 $233,044 $244,696 $256,931 j MWCC CHARGES $637,256 $690,722 $811,271 $845,466 $806,390 $964,155 $1,052,414 $1,070,101 $1,092,769 $1,123,284 $1,179,448 $1,238,420 $1,300,341 $1,365,358 $1,433,626 $1,505,308 $1,580,573 SUPPLIES 5 MATERIALS $7,066 $11,069 $12,478 $15,294 $7,349 $11,184 $11,743 $12,330 $12,947 $13,594 $14,274 $14,987 $15,737 $16,524 $17,350 $18,217 $19,128 HEAT, LIGHT 5 POWER $10,393 $12,859 $14,940 $15,366 $15,485 $16,259 $17,072 $17,926 $18,822 $19,763 $20,751 $21,789 $22,878 $24,022 $25,223 $26,485 $27,809 INTEREST ON DEBT $0 $71,712 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 DEPRECIATION EXPENSE $71,438 $77,445 $90,110 $105,846 $106,196 $111,506 $117,081 $122,935 $129,082 $135,536 $142,313 $149,428 $156,900 $164,745 $172,982 $181,631 $190,713 OTHER $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 -- --- -------- - - - --- - ---- - --- - -- -------- ---- - - - - -- - - - - TOTAL OPERATING REVENUE REQUIREMENT $951,929 $1,064,656 $1,158,558 $1,196,291 $1,176,883 $1,344,242 $1,451,506 $1,489,147 $1,532,767 $1,585,282 $1,664,546 $1,747,774 $1,835,162 $1,926,921$2,023,267 $2,124,430 $2,230,651 BILLABLE WATER (SAC CALCULATION) 1,180,081 1,170,006 1,177,106 1,216,700 1,224,990 1,240,687 1,251,851 1,266,277 1,281,476 1,297,502 1,314,411 1,332,265 1,351,128 1,371,072 1,392,173 1,414,511 1,438,175 OPTION D: (OPERATING REVENUE + 1/2 OF INTEREST INCOME - OPERATING EXPENSE) 3 STEP INCREASE BEGINNING 01/01/88 RATE $0.90 $0.95 $0.95 $0.95 $0.95 $0.95 $0.95 $1.01 $1.07 $1.13 $1.19 $1.24 $1.28 $1.33 $1.38 $1.42 $1.47 OPERATING REVENUE $1,117,670 $1,014,255 $1,035,537 $1,087,278 $1,078,708 $1,178,652 $1,189,259 $1,278,939 $1,371,179 $1,466,177 $1,568,782 $1,649,137 $1,733,566 $1,822,277 $1,915,483 $2,013,413 $2,116,304 * 1/2 OF INTEREST REVENUE $133,730 $121,161 $108,312 $95,764 $98,637 $101,596 $104,644 $107,783 $111,017 $114,347 REVENUE REQUIREMENT $951,929 $1,064,656 $1,158,558 $1,196,291 $1,176,883 $1,344,242 $1,451,506 $1,489,147 $1,532,767 $1,585,282 $1,664,546 $1,747,774 $1,835,162 $1,926,921 $2,023,267 $2,124,430 $2,230,651 OPERATING INCOME (LOSS) $165,741 ($50,401) ($123,021) ($109,013) ($98,175) ($165,590) ($262,247) ($76,478) ($40,427) ($10,794) ($0) $0 ($0) ($0) ($0) $0 ($0) ** INTEREST REVENUE $117,211 $233,013 $219,507 $260,008 $280,724 $282,328 $294,002 $133,730 $106,016 $108,312 $95,764 $98,637 $101,596 $104,644 $107,783 $111,017 $114,347 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ UNRESTRICTED INVESTMENTS $1,743,920 $1,943,024 $2,046,441 $2,274,580 $2,523,282 $2,640,020 $2,671,775 $2,729,027 $2,794,616 $2,892,133 $2,987,897 $3,086,534 $3,188,130 $3,292,774 $3,400,558 $3,511,574 $3,625,922 RESTRICTED INVESTMENTS $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ • TOTAL INVESTMENTS $2,043,920 $2,243,024 $2,346,441 $2,574,580 $2,823,282 $2,940,020 $2,971,775 $3,029,027 $3,094,616 $3,192,133 $3,287,897 $3,386,534 $3,488,130 $3,592,774 $3,700,558 $3,811,574 $3,925,922 • WATER UTILITY'S ANNUAL REVENUE REQUIREMENTS SPREADSHEET NUMBER 2 (OPTIONS D, E, F) DESCRIPTION 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 OPERATING REVENUE REQUIREMENT - PERSONAL SERVICE $123,375 $134,811 $138,036 $151,946 $155,547 $163,324 $171,491 $180,065 $189,068 $198,522 $208,448 $218,870 $229,814 $241,304 $253,370 $266,038 $279,340 CONTRACTUAL SERVICE $88,384 $92,293 $142,408 $141,227 $206,429 $140,856 $147,898 $155,293 $163,058 $171,211 $179,771 $188,760 $198,198 $208,108 $218,513 $229,439 $240,911 SUPPLIES 6 MATERIALS $28,241 $51,882 $21,133 $56,578 $16,608 $36,633 $38,464 $40,388 $42,407 $44,527 $46,754 $49,091 $51,546 $54,123 $56,830 $59,671 $62,655 HEAT, LIGHT & POWER $68,303 $98,118 $95,688 $110,020 $100,374 $105,393 $110,662 $116,195 $122,005 $128,105 $134,511 $141,236 $148,298 $155,713 $163,499 $171,674 $180,257 INTEREST ON DEBT $20,390 $18,782 $17,272 $15,713 $14,154 $12,334 $10,375 $8,242 $5,844 $3,490 $1,225 $0 $0 $0 $0 $0 $0 DEPRECIATION EXPENSE $113,622 $113,978 $145,128 $136,314 $194,089 $237,036 $248,888 $261,332 $274,398 $288,118 $302,524 $317,651 $333,533 $350,210 $367,720 $386,106 $405,412 OTHER $290 $217 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL OPERATING REVENUE REQUIREMENT $442,605 $510,081 $559,665 $611,798 $687,201 $695,576 $727,779 $761,515 $796,781 $833,974 $873,233 $915,609 $961,389 $1,009,458 $1,059,931 $1,112,928 $1,168,574 BILLABLE WATER (1,000 GALLONS) 1,191,611 1,266,135 1,198,197 1,243,346 1,229,670 1,238,078 1,246,544 1,255,068 1,263,650 1,272,291 1,280,991 1,289,751 1,298,570 1,307,450 1,316,390 1,325,391 1,334,454 OPTION D: INCREASE RATES .05 PER YEAR FOR THREE YEARS (1988 - 1990) RATE $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 $0.40 $0.45 $0.50 $0.55 $0.57 $0.60 $0.63 $0.66 $0.69 $0.72 OPERATING REVENUE $504,269 $507,421 $443,565 $482,558 $546,817 $433,327 $436,291 $502,027 $568,643 $636,146 $702,252 $739,498 $779,995 $822,622 $867,490 $914,713 $964,413 * 112 OF INTEREST REVENUE $230,115 $212,576 $192,899 $170,982 $176,111 $181,394 $186,836 $192,441 $198,214 $204,161 REVENUE REQUIREMENT $442,605 $510,081 $559,665 $611,798 $687,201 $695,576 $727,779 $761,515 $796,781 $833,974 $873,233 $915,609 $961,389 $1,009,458 $1,059,931 $1,112,928 $1,168,574 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ OPERATING INCOME (LOSS) $61,664 ($2,660) ($116,100) ($129,240) ($140,384) ($262,248) ($291,488) ($29,373) ($15,562) ($4,929) $0 ($0) $0 $0 ($0) $0 ($0) °°-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ** INTEREST REVENUE $502,833 $463,692 $439,016 $465,424 $485,462 $470,547 $491,377 $230,115 $212,576 $192,899 $170,982 $176,111 $181,394 $186,836 $192,441 $198,214 $204,161 UNRESTRICTED INVESTMENTS $367,369 $565,879 $460,193 $594,827 $1,005,470 $1,213,769 $1,413,658 $1,614,399 $1,811,413 $1,999,383 $2,170,365 $2,346,476 $2,527,870 $2,714,706 $2,907,147 $3,105,362$3,309,523 RESTRICTED INVESTMENTS $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL INVESTMENTS $4,067,369 $4,265,879 $4,160,193 $4,294,827 $4,705,470 $4,913,769 $5,113,658 $5,314,399 $5,511,413 $5,699,383 $5,870,365 $6,046,476 $6,227,870 $6,414,706 $6,607,147 $6,805,362$7,009 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ • OPTION E: INCREASE RATES $0.10 THE FIRST YEAR AND $0.03 EACH YEAR THEREAFTER RATE $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 $0.45 $0.48 $0.51 $0.54 $0.57 $0.60 $0.63 $0.66 $0.69 $0.72 OPERATING REVENUE $504,269 $507,421 $443,565 $482,558 $546,817 $433,327 $436,291 $564,781 $606,552 $648,869 $691,735 $735,158 $776,219 $818,733 $863,484 $910,587 $960,164 * 1/2 OF INTEREST REVENUE $230,115 $215,086 $196,598 $174,756 $179,796 $185,170 $190,725 $196,447 $202,341 $208,411 REVENUE REQUIREMENT $442,605 $510,081 $559,665 $611,798 $687,201 $695,576 $727,779 $761,515 $796,781 $833,974 $873,233 $915,609 $961,389 $1,009,458 $1,059,931 $1,112,928 $1,168,574 ------------------------------------------------------------------------------------------------------------------------ OPERATING INCOME (LOSS) $61,664 ($2,660) ($116,100) ($129,240) ($140,384) ($262,248) ($291,488) $33,380 $24,857 $11,493 ($6,742) ($655) $0 ($0) $0 ($0) ($0) ------------------------ ----- ------ ---- ------ -- -- - --- -- --- ------------------------- ** INTEREST REVENUE $502,833 $463,692 $439,016 $465,424 $485,462 $470,547 $491,377 $230,115 $215,086 $196,598 $174,756 $179,796 $185,170 $190,725 $196,447 $202,341 $208,411 ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ UNRESTRICTED INVESTMENTS $367,369 $565,879 $460,193 $594,827 $1,005,470 $1,213,769 $1,413,658 $1,677,153 $1,917,096 $2,125,187 $2,293,201 $2,472,342 $2,657,512 $2,848,238 $3,044,685 $3p247,025$3,455,436 RESTRICTED INVESTMENTS $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ TOTAL INVESTMENTS $4,067,369 $4,265,879 $4,160,193 $4,294,827 $4,705,470 $4,913,769 $5,113,658 $5,377,153 $5,617,096 $5,825,187 $5,993,201 $6,172,342 $6,357,512 $6,548,238 $6,744,685 $6,947,025$7,155,436 ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ OPTION F: INCREASE RATES $0.04 PER YEAR FOR 5 YEARS (1988 - 1992) RATE $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 $0.39 $0.43 $0.47 $0.51 $0.55 $0.59 $0.63 $0.66 $0.69 $0.73 OPERATING REVENUE $504,269 $507,421 $443,565 $482,558 $546,817 $433,327 $436,291 $489,477 $543,370 $597,977 $653,306 $709,363 $766,156 $823,693 $873,682 $921,091 $970,982 * 1/2 OF INTEREST REVENUE $230,115 $212,074 $191,540 $168,590 $172,108 $176,247 $180,965 $186,249 $191,837 $197,592 REVENUE REQUIREMENT $442,605 $510,081 $559,665 $611,798 $687,201 $695,576 $727,779 $761,515 $796,781 $833,974 $873,233 $915,609 $961,389 $1,009,458 $1,059,931 $1,112,928 $1,168,574 ------------------------------------------------------------------------------------ OPERATING INCOME (LOSS) $61,664 ($2,660) ($116,100) ($129,240) ($140,384) ($262,248) ($291,488) ($41,924) ($41,337) ($44,457) ($51,338) ($34,138) ($18,986) ($4,801) ($0) $0 - ($0) ----------------------------------------------------------------------------------- ** INTEREST REVENUE $502,833 $463,692 $439,016 $465,424 $485,462 $470,547 $491,377 $230,115 $212,074 $191,540 $168,590 $172,108 $176,247 $180,965 $186,249 $191,837 $197,592 ----------------------------------------------------------------------------------- UNRESTRICTED INVESTMENTS $367,369 $565,879 $460,193 $594,827 $1,005,470 $1,213,769 $1,413,658 $1,601,849 $1,772,585 $1,919,669 $2,036,921 $2,174,891 $2,332,152 $2,508,316 $2,694,565 $2,886,402 $3,083,994 RESTRICTED INVESTMENTS $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 $3,700,000 --------------------------- TOTAL INVESTMENTS $4,067,369 $4,265,879 $4,160,193 $4,294,827 $4,705,470 $4,913,769 $5,113,658 $5,301,849 $5,472,585 $5,619,669 $5,736,921 $5,874,891 $6,032,152 $6,208,316 $6,394,565 $6,586,402 $6,783,994 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REFLECTS 1/2 OF EARNED INTEREST TO BE USED IN THE RATE CALCULATION AFTER 1987 ** REFLECTS 1/2 OF EARNED INTEREST NOT USED IN RATE CALCULATION AFTER 1987 EWER UTILITY RATES 1 .60 pAS E RATE $1.50- $1.4-0 $ 1.30 H $1.20 $1.10 o $1.00 z $0.90 00.80 C $0.70 C o " $0.60 O ;= $0.50 W $0.40 $0.30 $0.20 $0.10 $0.00 1981 1983 1985 1987 1989 1991 1993 1995 1997 YEAR 0 OPTION A + OPTION B OPTION C A OPTIC rI' G SEWER UTILITY INVESTMENTS NAS E RATE $6.00 $5.00 4-.00 x$3.00 $2.00 $1.00 $0.00 1981 1983 1985 1987 1989 1991 1993 1995 1997 YEAR ❑ OPTION A + OPTION 8 a OPTION C OPTION D .. a WATER UTI LFFY RATES $ 0.90 0.80 $0. 70 $0.60 0 < $0.50 0 0 $0.4 -0 � $0.30 $0.20 $ 0.10 $0.00 1981 1983 1985 1987 1989 1991 1993 1995 1997 YEAR 13 OPTION a + OPTION E o OPTION F WATER UTILITY INVESTMENT $8.0 7.0 6.0 $5.0 1 C �? 4-. 0 3. 2.0 $ 1.0 $0.0 1981 1983 1985 1987 1989 1991 1993 1995 1997 YEAR ❑ OPTION G + OPTION E o OPTION IF CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. City Manager FROM: Sy Knapp, Director of Public Works DATE: April 2, 1987 RE: Temporary Restraining Order Relating to Contract 1987 -E Improvement Project No. 1987 -03 Brookdale 16" Watermain Improvement At the March 23, 1987 City Council meeting, the Council awarded a contract for construction of this watermain project to 0 & P Contracting, Inc. On the basis of its conclusion that 0 & P had made an error in submitting its bid and had submitted a letter stating that an error had been made, the City Council waived that irregularity, found 0 & P to be the lowest responsible bidder and awarded the contract to them. On the morning of March 25 a notice was served on the City indicating that Northdale Construction, Inc. (the apparent second low bidder) had filed a petition for a Temporary Restraining Order. A court hearing on that petition was held that same afternoon. On the following day, the court issued the Temporary Restraining Order (see copy attached) and scheduled a hearing on a temporary injunction for< April 8th. Please be advised that I am reviewing the City's options with our City Attorney. Our verbal report and recommendations will be submitted to the City Council at their April 6, 1987 meeting. Res ectfully submitted, Sy /napp Director of Public Works I SK�,— "' waeut- uvxivan -�'' LeFevere Lefler Kenned O'Brien & DraNvz a Professional Association 2000 First Bank Place West March 27, 19 87 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Clayton L. LeFevere Herbert P. Lefler Mr. . S Knapp J. Dennis O'Brien y pp - John E. Drawz City Of Brooklyn Center David J. Kennedy Director Of Public Works Joseph E. Hamilton 6301 Shingle Creek Parkway John B. Dean g y Glenn E. Purdue Brooklyn Center, Minnesota 55430 Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III RE: Northdale Construction Company, Inc. v. City of James J. Thomson, Jr. Brooklyn Center Thomas R. Galt Dayle Nolan Brian F. Rice Dear Sy: John G. Kressel J sM.Strommen Enclosed is a copy of the Temporary Restraining Order, H. Batty P. Jordan which enjoins the City from entering into the contract _ Kurt J. Erickson with O & P Construction Company. You Will note that a William R. Skallerud hearing on the temporary injunction is scheduled for Rodney D. Anderson Corrine A. Heine April 8, 1987 at 1 :15 P.M. I would like you to attend David D. Beaudoin that hearing if possible. Paul E. Rasmussen Steven M. Tallen Mary F. Skala Between noW and the time of the hearing we will be Christopher J. Harristhal preparing a memorandum of law, affidavits, and related Timothy J. Pawlenty documents in opposition to the request for a temporary pp q Rolf A. Sponheim injunction. Please call me if you have any questions. Sincerely, LeFEVERE, LEFLER, KENNEDY, 61 O-' BRIEN & DRAWZ es J. Thomson, Jr. JJT /kjj Enclosure STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT --------------------------------------------- ------------------ Northdale Construction Co.,Inc., and the Taxpayers of Hennepin County, the City of Brooklyn Center, and the State of Minnesota, File No. MX 87 -5758 Plaintiffs, ORDER VS. City of Brooklyn Center, a municipal corporation, Defendant. The above - entitled matter came on for hearing before the undersigned, one of the Judges of the above -named Court, at a Regular Term thereof, on plaintiffs' motion for a temporary restraining order, on March 25, 1987. Vincent W. King, Esq., appeared for and on behalf of the plaintiffs. James J. Thompson, Jr., Esq., appeared for and on behalf of the defendant. Based upon the arguments of counsel and upon all the files, records, and proceedings herein, and the Court being advised in the premises, IT IS HEREBY ORDERED: 1. Plaintiffs' motion for a temporary restraining order is granted. The defendant City of Brooklyn Center (the "City ") and its officers, directors, agents, servants, employees, attorneys and all persons acting in concert or participation with them shall be temporarily restrained and enjoined from entering into any contract with 0 & P Construction Company respecting the Brookdale 16" Watermain Extension Project No. 1987 -03. Said Order shall remain in effect pending further Order of this Court. 2. As a condition precedent to this Order becoming effective, plaintiffs shall deposit with the clerk of court a surety bond naming defendant as obligee in the sum of $5,000.00. 3. A temporary injunction hearing on the matter shall be held on April 8, 1987 at 1:15 p.m. 4. The attached memorandum is incorporated by reference herein. BY THE COURT: r n Ju ge of District Court Dated: March 26, 1987. -2- MEMORANDUM In determining whether to issue a temporary restraining order, the primary factor to consider is whether the movant will suffer immediate and irreparable harm if the restraining order is not granted. Rule 65.01, Minn. R. Civ. P. The court should also consider the same five factors employed in determining whether a temporary injunction should issue. M.G.M. Liquor Warehouse International, Inc. v. Forland 371 N.W.2d 75 (Minn. App.._1985). Those factors ar.e: 1. The nature of the relationship between the parties before the dispute giving rise to the request for relief; 2. The harm to be suffered by the moving party if the temporary injunctive relief is denied as compared to that.inflicted on the non - moving party if the injunction issues pending a hearing; 3. The likelihood of success on the merits; 4. The public interest; and 5. Administrative burdens in enforcing a temporary decree. . Dahlberg Bros., Inc. v. Ford Motor Co. 272 Minn. 264, - 274 -75, 137 N.W.2d 314, 32`1 -22 (1965). However, since a motion for a temporary restraining order is a summary proceeding, these five factors will not be applied with the same scrutiny as compared to a full hearing for a temporary injunction. 2A Herr and Haydock, Minnesota Practice § 65.3 (1986 Supp.). This Court finds that a temporary restraining order is appropriate in this instance. "An award of a public contract to one other than the lowest bidder does not entitle the lowest bidder to a recovery of damages from the municipality, nor to an action to recover profits which he might have made had his bid been accepted." Telephone Associates v. St. Louis County Bd ., 364 N.W.2d 378, 382 (Minn. 1985) quoting 10 McQuillan, The Law of Municipal Corporations § 29.83 at 426 (3d Ed. 1981). If it is determined that the bidding procedures employed by City of.Brooklyn Center were improper (i.e., accepting an allegedly defective bid from the lowest bidder, 0 & P Construction Company),then plaintiff would have been the lowest bidder and could have been entitled to the contract. See Telephone Associates, supra. A temporary restraining order is necessary to maintain the status quo between the parties, as plaintiff would have no adequate remedy at law if defendant and 0 & P Construction Company wrongfully entered into the contract at issue. From the limited information the Court has before -it, it appears there is at least a "likelihood" of success on l the merits, and the public interest would best be served by having a full hearing on this matter as their tax dollars are directly involved. There will be little to no prejudice against the defendant by the short delay occasioned by the scheduling of a full hearing and the bond provided for shall be sufficient to cover any potential burden placed on the City. C.L.N. -2- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECONSIDERING AWARD OF CONTRACT FOR IMPROVEMENT PROJECT NO. 1987 -03, BROOKDALE 16" WATERMAIN IMPROVEMENT, LIONS PARK TO COUNTY ROAD 10 CONTRACT 1987 -E WHEREAS, on March 23, 1987 the Brooklyn Center City Council adopted Resolution No. 87 -57 awarding a contract for construction of Watermain Improvement Project No. 1987 -03 to 0 & P Contracting, Inc. (0 & P); and WHEREAS, Northdale Construction Company, Inc. has initiated action to prohibit the City of Brooklyn Center from executing said contract and the District Court has issued an Order (File No. MX87 -5758) granting a temporary restraining order and calling a temporary injunction hearing to be held on the matter on April 8, 1987; and WHEREAS, in the event the District Court, after its hearing on April 8, 1987, issues a temporary injunction which continues the court's order prohibiting the City of Brooklyn Center from entering the contract, then it is the opinion of the Brooklyn Center City Council that the matter can best be resolved by rejecting all bids which were received for said project on March 19, 1987 and to advertise for new bids to be taken on said project; and WHEREAS, the Director of Public Works has advised the City Council that the delay in the segment of the proposed watermain improvement which is to be constructed in the vicinity of the golf course parking lot can be reduced if a - special type of pipe is ordered separately: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that, in the event the'District Court, after its hearing on April 8, 1987, issues a temporary injunction which continues the Court's order prohibiting the City of Brooklyn Center from executing the contract, then all bids which were received for said project on March 19, 1987 are hereby rejected and the City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for new bids to be taken for said improvement. Said 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 of Brooklyn Center for five percent (5%) of the amount of the bid. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to solicite separate quotations for the furnishing of approximately 420 linear feet of Class 55, Ductile Iron Pipe with restrained joints, said pipe to be used in conjunction with the construction of the proposed watermain under the entrance road to the Centerbrook Golf Course. r I RESOLUTION NO. I Date Mayor i ATTEST: j Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i I j - I i i i i i I i i i I I I o8 WAIVER AND RELEASE WHEREAS, on March 23, 1987 the Brooklyn Center City Council adopted Resolution No. 87 -57 awarding a contract for construction of Watermain Improvement Project No. 1987 -03 to 0 & P Contracting, Inc. (0 & P) ; and WHEREAS, Northdale Construction Company, Inc. has initiated action to prohibit the City of Brooklyn Center from executing said contract and the District Court has issued an Order (File No. MX87 -5758) granting a Temporary Restraining Order and calling a temporary injunction hearing to be held on the matter on April 8, 1987: The undersigned, as President of 0 & P Contracting, Inc. (0 & P), having full authorization from 0 & P to execute this WAIVER AND RELEASE for and on behalf of 0 & P hereby consents and agrees for and on behalf of 0 & P, that in the event the District Court, after its hearing on April 8, 1987, issues a temporary injunction which continues the Court's order prohibiting the City of Brooklyn Center from executing the contract, then all rights of 0 & P arising from the adoption by the Brooklyn Center City Council of Resolution No. 87 -57 on March 23, 1987 awarding contract for construction of Watermain Improvement Project No. 1987 -03 to 0 & P are hereby waived and released and 0 & P consents to the rejection of all bids b the City Council. Upon rejection by the City. Y tY Council of bids previously received for Watermain Improvement Project No. 1987 -03, it is understood and agreed that 0 & P shall be released from all obligations arising from or on account of its bid and the City shall be released from all obligations from or on account of its adoption of Resolution No. 87 -57 and award of the contract, and neither 0 & P nor the City will have any Y liability to the other on account thereof. 0 & P CONTRA C NG, INC. r BY J J' i �: ✓�9 ly�C//C ITS NNAd.OLUL4 No ry Public • Minneott T *� Hennepin County My Commission Expire s�,. Februa 11, 1992 M & C No. 87 -05 April 3, 1987 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Gambling License Application for American Legion Post #630 To the Honorable Mayor and City Council: Attached please find a copy of an April 1 memorandum from the Police Chief to myself covering the background of the gambling license application from the American Legion Post. While the Post has made some strides in correcting problems at the Club we're still experiencing .complaints and problems especially as it relates to the involvement of individuals who either pled guilty to or are concurrently charged with gambling violations at the Legion Club. These individuals are apparently still involved in the operation of the Legion Club and, as I understand the Council's discussions with the Legion Club at their license reinstatement hearings, the Council simply does not want those individuals involved in the Club operation. • Because of this continued involvement, it - - is my recommendation that the City Council object to the issuance of a gambling license to American Legion Post #630. Respectfully s mitted, Gerald G. Spl nter City Manager III �.Or, IT, UP ��'O: C. G. �' :linter, Cityr I'a;nager ItiOi ": J r IiC Sa , C :ili e� c. = palice '1 n r: , SUBJECT. Ga: inc License %plica.Licn ­or A=merican ...•09_0rn Post - 630 The ?ar;erican Legion Post i?c S SUCJr ?ltttU c rl c:�:) C' _9 �f li 4tion for Cl as s F Cha ri table c r_',G .7 r C; LL icense whic .i inc UGed rc fi les, paddle�'mee tir-bo ar yU.i_f - tabs. This license is to be Used at ti:te .,-C n bui16 g CCa_ "�0 :; z'.'- 4 ;307 7�)� :_ Lvenue i — _h. J Roger L' ''a,1 :i�f , - „C CLc :iVt' s`C.. :ua!r�% Oi %ITC Cllaritable Car: 4 CGI ?t G� Doarc - 1 r - - th e lu. uOtl c6 - -. i I, r!1C, 1_ L1 ?r.'ir t_ :e GSi_ G a.S ir.. Lire arrears tt:1Ce GUr3.ng in 'ail �-i :�I._Cnt Oz Ltieir tzlyeS. L1) alr en'c y ti " <eSC' Lc : :C'S have DC'en b rou a- ghiV u 1 to d ']"h r ., t _.I.e Post in re no gambling has taken place since Oc - c per or Eover-.iber. concern ?ith the 1ssuing o� this license is ti:e - orescnco of - k.P.e er1.lOyees Lor ti_e ba.r. i +ich&el FOnnei is their prim.cry bartender and is I` Gr1.1riC Cif - . F,`.onnei va:S C_ st i rLL.��eci on G7- li~� -�G for ���rr. :i�til ? ;{ ar.c, t :a ?into l i_iiC CG_T : ;,)1iTig 01? file ?r?r :t7 SC S O7. the E; :erica :n Le a - Lon lUb. fit the tiIl:e, he was manager of the c l ub. F ?e has pled not C uilty and is SCI.eau -L ..c fo. furl' trial On 04- �8 -L7. L�11 other C;efenclan have nled guilty and L aici various ar: ounts o :fines and attorney lees associated faith the arrests on 07-10 -8G. These ices z nC. fines are )f'irig pc.7Ci 1 rOL'. the club treasury. You can see Ronnci Iles no incentive to s=ettle the C c LC "C S Ls %ill costs are borne !D - V t Club t roasurv. Ronne-is driving p -eacS are currently rev(- j Che State of 1r it ;IleSCta aS c reSUlt Gf a D;rI charge in Februc r�7 i ti The Other bartenLer5' current_ 1 ?Or }:iI3g a.rc tcven Babcock a all Victor $a;bcoc ''i E V :'c :.S also urrE'5teCi or C'Gr'ibling involved in the 07 -10-t 6 incic'ent. T C y lea C;utiJ_ty a.no tl.e cluo ; :jC1 lis r 1 ,o .0 _'I`'.e. 1 Ci'eCK with the rurc:au of Criminal _ i Sts Steven Babcock, a:S being arrested{ rD; 7 the Fl 'r ;iouti "1 i'o iCe De a :rtT.'e.i` ` Ji es 7T and; Possession o1= Plarcotics � ;rient in February of 19Z >3. 1I.e I arcotics Ecguif >rent chase iYUs dismissed in June of l (_` -U3 and the DTI charge � :as sustained. T,'..en Uteve v'Es a:rresteci tor ger.i; tle c.Cir :itteCl th at UT7Cer the rUleS lie should have collected $25 .00 Lor the points accumm fated, Out clairced $50.00. d-tie� �or�.nuurr` April 1, 19'0 PE ?qe 2 Victor !`aocock haci �:..n ou ts tc'nC:inc; s'E=Er nt for .riving After Fevocation tiLlcr i lie g O LiCt? CElI; cs iJcck �roun (gin iI�io n 1 arc 03_ 1C %�'% . `'LLe check c ISO showed `victor v a rrested In P a Grove i rl 1= "cA for Possession C .;arijuana. Victor Se lu I'C11t1;S proJa'tion no the Violation. In e-ptei7,iber of 1981, he had an exr: fired license &.nd in T?over,ber o : 1SI'l, :c Vas charged with M'I. ec use the club has riot ', ?rovi(,eu U111C ldaY'lac�ei':iCnt and CUrttrCi over its el: jployees, and 1.)C-cause ti!e ciub pays a fines �znes amci attorney fees, and because ti club LIES t `,ar.. ei.1ployees as t:efore, I reconre the gamb license Je L.'on et until such chainges a i.;acie. j Licenses to be approved by the City Council on April 6, 1987: FOOD ESTABLISHMENT LICENSE Beacon Bowl 6525 Lyndale Avenue N. Berean Evangelical Free Church 6625 Humboldt Avenue N. Bridgeman's 1271 Brookdale Center Bridgeman's 6201 Brooklyn Boulevard Brookdale Mobil 5710 Xerxes Avenue N. B.C. American Legion Post #630 4307 70th Avenue N. Chuck Wagon Inn 5720 Morgan Avenue N. Chuck's 365 1505 69th Avenue N. T. J. Cinnamons Bakery Brookdale Center Donaldson's 1200 Brookdale Center K -Mart 15930 Earle Brown Drive Kids' Time Out 5611 Xerxes Avenue N. LeeAnn Chin's 6040 Shingle Creek Pkwy. Little Brooklyn 6219 Brooklyn Boulevard Los Primos Brookdale Center Maranatha Conservative Baptist Home 5401 69th Avenue N. McDonald's 5525 Xerxes Avenue N. Movies at Brookdale 5800 Shingle Creek Pkwy. Mui Li Wan, Inc. 6800 Shingle Creek Pkwy. Munch Box i Snack Service 6840 Shingle Creek Pkwy. NumNum Foods, Inc. Brookdale Center Perkins Restaurant 5915 John Martin Drive Scoreboard Pizza 6816 Humboldt Avenue N. Service Systems 701 Decatur, Suite 203 Northwestern Bell 5910 Shingle Creek Pkwy. Target 6100 Shingle Creek Pkwy. Yen Ching Mandarin Restaurant 5900 Shingle Creek Pkwy. Zantigo's 5532 Brooklyn Blvd. Sanitarian &Il MECHANICAL SYSTEMS LICENSE Atkins Mechanical, Inc. 6550 West River Road C.O. Carlson Air Cond. Co 1156 Aldrich Avenue N. Del Air Heating & Cooling 9860 James Circle Gas Supply, Inc. 2238 Edgewood Avenue S. Gusk Heating & Air Cond. 2149 161st Avenue NW Loop- Belden - Porter Company 315 Royalston Avenue N. Metropolitan Mechanical Contractors 7340 Washington Avenue S. Pfiffner Heating & Air Cond. 6301 Welcome Avenue N. Pierce Refrigeration 1920 2nd Avenue South Rapid Heating & Air Conditioning 6926 Jersey Circle North Sheridan Sheet Metal Co. 4108 Quebec Avenue N. Buil ng Official MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Ford 2500 County Road 10 Brookdale Pontiac 6801 Brookl 3' Boulevard Iten Chevrolet 6701 Brooklyn Boulevard 1 Bob Ryan Oldsmobile 6700 Brooklyn Boulevard City Clerk SIGN HANGER'S LICENSE Nordquist Sign Company, Inc. 312 West Lake Street 1 BuildiQ Official QQ k SWIMMING POOL LICENSE Brookdale Ten Apartments 53rd Avenue North Marvin Garden Townhouses 68th and Orchard Ave. N. Twin Lake North Apartments 4536 58th Avenue North ,,4A[2o-41,.a,Yt Sanitarian GENERAL APPROVAL: D. K. Weeks, City Clerk