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HomeMy WebLinkAbout1987 05-04 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 4, 1987 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda - All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a 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: *a. April 6, 1987 - Regular Session *b. April 20, 1987 - Regular Session 7. Final Plat: *a. Ed Trombley's Addition, 61st Avenue at Colfax Avenue North 8. Performance Bond Release /Reduction: *a. Boulevard Plaza (Release) - 7022 -7086 Brooklyn Blvd. *b. Brooklyn Center Baptist Church (Reduction) - 5840 Humboldt Avenue North 9. Presentation of Award to City Council from Minnesota Water Ski Association 10. Resolutions: *a. Accepting Work Performed under Contract 1985 -I (Civic Center Carpet Replacement Improvement Project No. 1985 - 16) b. Approving Plans and Specifications and Ordering Advertisement for Bids for Community Center Improvements, Project No. 1987 -05, Contract 1987 -C *c. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 05/04/87) d. Declaring May 19, 1987 as Mary Jane Gustafson Day in Brooklyn Center CITY COUNCIL AGENDA -2- May 4, 1987 *e. Accepting Bid and Authorizing the Purchase of Four (4) Police Patrol Sedans - Appropriation approved in the 1987 Police Department Budget. *f. Accepting Bid and Authorizing the Purchase of One (1) Compact Cargo Van - Appropriation approved in the 1987 Animal Control Budget. Declaring in May 15 1987 through May g Y , g y 21, 1987 as Drug Awareness Week h. Authorizing the Mayor and City Manager of the City of Brooklyn Center to Execute an Easement Agreement on Behalf of the City of Brooklyn Center -City for purposes of ingress and egress for police and fire and for repair and maintenance of utility lines. i. Authorizing the Mayor and the City Manager to Execute on Behalf of the City of Brooklyn Center a First Supplement to Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road - Establishes a maintenance agreement for a private road at 7100 Brooklyn Boulevard necessitated by the sale of part of the land. *j. Authorizing the Mayor and City Manager to Apply for a Grant -This grant would supply funds for the 1988 Entertainment in the Parks program. *k. Accepting Conveyance of Property (Outlot A, Brookdale Corporate Center) -This parcel is adjacent to the 694 property, north of Earle Brown Drive. *1. Authorizing a Temporary Position of Administrative Aid in the Engineering Division 11. Private Kennel License: a. James Zimmer, 5729 Bryant Avenue North 12. Public Hearing: (7:30 p.m.) a. Proposed Public Utility Rates for 1988 -1990 1. Resolution Establishing Public Utility Rate Schedules for the Use and Connection to the Sanitary Sewer and Water Systems of the City of Brooklyn Center CITY COUNCIL AGENDA -3- May 4, 1987 13. Presentation: (8 p.m.) Control of Wild Goose Population in Central Park -Dr. Cooper of the University of Minnesota will attend to discuss the City's request for control of the goose population. 14. Discussion Items: a. Location of Maintenance Garage at Centerbrook Golf Course - 8:30 p.m. b. Palmer Lake Trail Improvements 1. Resolution Establishing Improvement Project No. 1987 -12, Palmer Lake Trail East, and Calling for a Hearing Thereon c. Satellite and Dumpster Screens for Installation in Park System 1. Resolution Establishing Improvement Project No. 1987 -13 and Approving Plans and Specifications d. Additional Trail Lighting along Northerly Part of Trailway in Central Park a 1. Resolution Approving Installation of Additional Trail Lighting Along Northerly Part of Trailway in Central Park e. Extending Electrical Service and Installing Scoreboard for Central Park Baseball Field 1. Approving Installation of a Scoreboard for Central Park Baseball Field f. Recommendation from Park & Recreation Commission to Include as a 1988 Budget Item Funding to Retain a Professional Consultant to Conduct a Feasibility Study on Undeveloped Park Land Options at Twin Lake North Peninsula, Island, Beach, and Northern End, as Well as the Kylawn Preserve Area g. Legislative Update *1'5. Licenses 16. 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 APRIL 6, 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 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers 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, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist stated that Councilmember Lhotka is out of town and would be absent from this evening's meeting. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted that he had received a request from Bill Lakotas, representing the Brooklyn Center Constitution Committee. Mr. Lakotas stated when the Constitution Committee began planning the celebration for this year they were given a number of suggestions, but as the suggestions were discussed it was found that most of these ideas were quite impossible to implement within Brooklyn Center. He stated he is before the Council this evening to make one request which the committee feels would be possible. He stated the Brooklyn Center Constitution Committee would like to request that the City Council consider changing the name of Central Park to Constitution Park. He added the seven articles of the Constitution could be posted along the trailway for people to read as they walk through the park. He stated that if the Council agrees to this name change there could be a dedication ceremony on September 17, 1987 which is the main celebration date for the Constitution. Councilmember Theis stated he believes the Constitution Committee's request merits some thought, and he would like to suggest sending this idea on to the Park and Recreation Commission for their recommendations. There was a general consensus among Councilmembers that this item be passed along to the Brooklyn Center Park and Recreation Commission. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested item 6 be removed from the Consent Agenda. FINAL PLAT APPROVAL LEARNING TREE DAY CARE CENTER 4 -6 -87 -1- There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the final plat for Construction 70, Inc. (Learning Tree Day Care Center). The motion passed. RESOLUTIONS RESOLUTION NO. 87 -62 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR HEATING SYSTEM IMPROVEMENTS AT THE MUNICIPAL SERVICE GARAGE, IMPROVEMENT PROJECT NO. 1987 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -63 Member Bill Hawes introduced the following resolution and moved its adoption: 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 -5 - LANDSCAPE PLANTINGS) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -64 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF TWO BOXES AND HYDRAULICS TO BE MOUNTED ON TWO FORD F -800 TRUCKS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION 87 -65 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -66 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT CARGO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 4 -6 -87 -2- RESOLUTION N0, 87 -67 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: 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 5930 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. kwy . Mui Li Wan, Inc. 6800 Shingle Creek Pkwy. Munch Box 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. MECHANICAL SYSTEMS LICENSE Atkins Mechanical, Inc. 6550 West River Road C.O. Carlson Air Cond. Co 1156 Aldrich Avenue N. Del Air Heating g & Cooling 9860 James Circle Gas Supply, Inc. 2238 Ed ewood u g Avenue S. Gusk Heating Air Cond. g 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. 4 -6 -87 -3- Pierce Refrigeration 1920 2nd Avenue South Rapid Heating & Air Conditioning 6926 Jersey Circle North Sheridan Sheet Metal Co. 4108 Quebec Avenue N. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Ford 2500 County Road 10 Brookdale Pontiac 6801 Brooklyn Boulevard Iten Chevrolet 6701 Brooklyn Boulevard Bob Ryan Oldsmobile 6700 Brooklyn Boulevard SIGN HANGER'S LICENSE Nordquist Sign Company, Inc. 312 West Lake Street 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 The motion passed. APPROVAL OF MINUTES - MARCH 23 1987 - REGULAR SESSION Councilmember Hawes stated there was an error on page six in the third paragraph from the end of the page. He noted the statement should read "...the difference is quite large and he cannot see denying the award to the low bidder and paying an additional $9,000 to the second low bidder." There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the March 23, 1987 City Council meeting subject to changes being made in the third paragraph from the end of page six. The motion passed. RESOLUTIONS The City Manager presented a Resolution Approving Design Concept for Community Center Improvements, Improvement Project No. 1987 -05. The Director of Public Works briefly reviewed the memorandum prepared for this agenda item, and noted that the estimated total project cost is much above the original estimate which the Council initially approved on February 23, 1987. He stated substantial changes will be needed to bring parts of the building up to code. He then introduced Al Mjorud from Carlson Mjorud Architecture Limited (CMA), who is present this evening to briefly explain the project. Mayor Nyquist inquired if the code deficiencies have existed all along or if the code has changed and brought about these deficiencies. The Director of Public Works stated when the building was originally constructed it met all the current codes. Since that time, several codes have changed and parts of the building need to be upgraded. Mayor Nyquist stated that the social hall has always seemed rather dark and like a hole. He inquired why the architects had originally proposed this type of area. The City Manager stated the recessed stairs around the entire social hall were to give the room a theater in the round effect, but the room is not often used for this activity. He stated that the dark walls were to give the room a more dramatic effect. The City Manager stated since this room is only used 2.1% of the time for theatrical performances of any type, staff recommends filling in the recessed area to protect the City 4 -6 -87 -4- from any liability claims. Mr. Mjorud went on to review all areas of the proposed project, and noted the original budget estimate was for the reroofing of an average building. He noted reroofing a building which contains a swimming pool is a much different situation and that a structural analysis should be done to be sure the roof could handle the additional insulation and roofing load. A brief discussion then ensued regarding the three options available for insulation and roofing of the Community Center. The City Manager stated that Councilmember Lhotka had received a copy of this report and had informed the City Manager that he did not feel it was worthwhile to obtain an additional 20 years of life for the Community Center roof by spending $35,000 more. He stated that Councilmember Lhotka recommended that the Council choose option No. 1 with an estimated total cost of $175,000. The Director of Public Works stated it is the staff's recommendation that the City Council choose option No. 3 in which a layer of ISO would be sandwiched between two layers of foamglas. He stated this method could make the steel decking last another 30 to 40 years. He noted if the Council chose option No. 1 and moisture continues to build up under the roof, the City could possibly end up replacing the entire steel decking. A discussion then ensued regarding the rusted steel decking panels and the procedure which would be used to cover them. The City Manager stated there does not appear to be as much damage as staff had anticipated. He added that staff is recommending delaying the tuck pointing portion of the project until 1988 to allow for further investigation. Councilmember Theis inquired if it would be possible to take bids on all the alternates for the roofing options and choose at that point. The Director of Public Works stated it could be done, but it would mean a considerable amount of architectural work to write specifications for alternate bids. He stated staff recommends choosing one option this evening. Councilmember Scott stated she believes the design concept using ISO and foamglas to be the best choice for the City. Councilmember Hawes agreed. RESOLUTION NO. 87 -68 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING DESIGN CONCEPT FOR COMMUNITY CENTER IMPROVEMENTS, IMPROVEMENT PROJECT NO. 1987 -05 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Theis opposed. ORDINANCE The City Manager introduced An Ordinance Amending Chapter 35 Regarding the Planning Commission. He noted 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. He then went on to briefly review the ordinance 4 -6 -87 -5- amendment. Mayor Nyquist opened the meeting or the purpose of a public g p p p hearing on An Ordinance Amending Chapter 35 Regarding the Planning Commission, and inquired if there was anyone resent who wished to Y P 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 An Ordinance Amending Chapter 35 Regarding the Planning Commission. The motion passed. Councilmember Theis inquired if the proposed resolution defining the duties and responsibilities for the Planning Commission stated that the appointment of the chairman would be by the Mayor. The City Manager responded affirmatively and stated this would make the Planning Commission consistent with all other advisory commissions. Councilmember Theis stated that he would prefer to allow the Planning Commission to choose their own chairman. A discussion then ensued relative to the pros and cons of allowing the Commission or Mayor to choose the chairman for the Planning Commission. There was a motion by Councilmember Theis and seconded by Councilmember Scott to table action on this ordinance until the April 20, 1987 City Council meeting. PLANNING COMMISSION ITEMS 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 The City Manager noted this item was recommended for approval by the Planning Commission at its March 26, 1987 meeting. The Director of Planning & Inspection referred the Council to pages one and two of the March 26, 1987 minutes and the attached informational sheet. He briefly reviewed the application and noted this would be a special use in the I -1 district. He noted the applicant would be required to provide 13 parking spaces for this business. He stated that the Planning Commission recommended approval of the application, subject to five conditions which he reviewed for Councilmembers. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87006, 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 87006. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve 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. 4 -6 -87 -6- 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. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 87 -69 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARY JANE GUSTAFSON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:30 p.m. and reconvened at 8:47 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution 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. He noted the warm winter has damaged the seeding which was done in late fall, 1986. He noted that Councilmember Lhotka has stated a preference for reseeding as opposed to sod. He added staff is recommending that sod be laid so the Little League can continue their normal schedule. RESOLUTION NO. 87 -70 Member Rich Theis introduced the following resolution and moved its adoption: 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 4 -6 -87 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. DISCUSSION ITEM PUBLIC UTILITIES RATE STUDY The Director of Public Works briefly reviewed the three additional alternatives which have been developed and analyzed regarding the utility rates study. He added that because of the concerns raised regarding the $5 late penalty charge, staff is now recommending a $3 late charge or 10% of the bill, whichever is greater. Councilmember Hawes inquired if senior citizens rates would also be increased by the same percentage. The City Manager stated all rates would be raised proportionately. Councilmember Theis inquired what the cost to the City was for producing the delinquent water notices. The Director of Finance stated two notices are sent regarding delinquent accounts and he is not sure of the exact cost of producing these notices. Councilmember Hawes inquired if it would be possible to put a $3 penalty on the first notice and a $5 penalty on the second notice. The Director of Finance stated he would prefer a flat charge because it would be easier to collect one fee. Councilmember Scott stated she believes option F to be the best option for water utility use rates, and option B or D for the sewer rates. The Director of Public Works stated that he would recommend the Council choose option D for the sanitary sewer rates, if option s chosen for the water rates. He o' p anted out that by choosing option D for the sanitary sewer rates the increases would begin at the same time. There was a motion by Councilmember Scott and seconded b Councilmember ouncilmember Hawes directing staff to prepare a resolution and set a public hearing regarding the water and sanitary sewer rate increase using option F for the water rate and option D for the sanitary sewer rate. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract for Water Tower No. 1 Reconditioning, Improvement Project No. 1987 -02, Contract 1987 -B. He stated staff is recommending that this item be tabled until the April 20, 1987 City Council meeting. There was a motion by Councilmember Scott and seconded b y Councilmember Theis to table a Resolution Accepting Bids and Awarding Contract for Water Tower No. 1 Reconditioning, Improvement Project No. 1987 -02, Contract 1987 -B until the Aprfl 20, 1987 City Council meeting. The motion passed. The City Manager presented a Resolution Accepting Proposal for Additional Landscape Work on Civic Center Plaza, Improvement Project No. 1984 -10. The Director of Public Works stated this resolution and the two which follow it on the agenda are all related. He went on to explain the problems which were encountered during the final completion period for this project, and noted that verbal agreements were reached on several occasions, only to have the contractor or subcontractor fail to perform under those agreements. He stated that now a compromise agreement has been reached for the pond liner and the replacement 4 -6 -87 -8- At trees. He stated staff is also recommending the installation of a semi- automatic sprinkler system for the flower beds in the Civic Center plaza. He noted it takes a considerable amount of time for someone in the maintenance department to tend to the watering of these flower beds. Mayor Nyquist stated that in regard to the replacement trees, surely someone must have known of the adverse conditions in the area and been able to recommend other type plantings. The Director of Public Works stated the landscape architect knew of the conditions in the plaza and attempted to select a variety of plantings which would have a good chance of survival. He stated that his recommendations were purely a judgment call. Mayor Nyquist inquired if the landscape architect is absorbing n of this cost of replacement. T g Y p he Director of Public Works stated the landscape architect has not been asked to absorb any cost because staff does not feel it was his responsibility. Councilmember Theis stated he agrees with ith the Mayor that the landscape architect should have some financial responsibility alit fo p y r these replacement trees. RESOLUTION NO. 87 -71 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR ADDITIONAL LANDSCAPE WORK ON CIVIC CENTER PLAZA, IMPROVEMENT PROJECT NO. 1984 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a general consensus among the Council that staff should investigate the possibility of the landscape architect having some financial responsibility for the replacement of these trees. RESOLUTION NO. 87 -72 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR INSTALLATION OF SEMI - AUTOMATIC SPRINKLER SYSTEM FOR FLOWER BEDS IN CIVIC CENTER PLAZA, IMPROVEMENT PROJECT NO. 1984 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -73 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -J, CIVIC CENTER PLAZA IMPROVEMENT PROJECT NO. 1984 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION N0. 87 -74 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF BETTE R. McCREADY 4 -6 -87 -9- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -75 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF PASTOR CARL J. GROETTUM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. DISCUSSION ITEMS (CONTINUED) HOUSE FILE 1124 REMOVAL OF LOCAL AUTHORITY FOR COMMERCIAL- INDUSTRIAL PROPERTY The City Manager stated some items within this house file are being modified at the present time, but staff still recommends the Council pass the attached resolution. He noted that a copy will be sent to our legislators regarding the proposed changes. RESOLUTION NO. 87 -76 Member Celia Scott 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 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. REQUEST TO TRANSFER OLD CHAIRS TO LIQUOR STORES AND FIRE DEPARTMENT The City Manager stated a number of chairs have already been transferred into the Police Department and that in doing so we have depleted our supply of saleable chairs. He stated that he recommends the Council approve the resolution transferring funds from the contingency fund, and when or if the chairs are sold the money will be returned to that fund. RESOLUTION NO. 87 -77 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. TEMPORARY RESTRAINING ORDER RELATING TO CONTRACT 1987 -E IMPROVEMENT PROJECT NO. 1987 -03. BROOKDALE 16" WATER MAIN IMPROVEMENT The Director of Public Works stated that the courts did grant a temporary restraining order regarding this contract, and a hearing date has been set for April 8, 1 -987. He stated staff hopes the court will deny the request for a temporary injunction, but if that does not occur staff would recommend rejecting 4 -6 -87 -10- all bids and rebidding the entire project. However, he noted this cannot be done without the consent of 0 & P Contracting. He stated 0 & P Contracting has signed a waiver and release form which would allow the Council to reject all bids and rebid the entire project. He noted a resolution has been prepared for this evening's meeting which states if the courts grant the request for a temporary injunction, all bids will be rejected. The Director of Public Works stated there are two projects that have been put on hold until the water main improvement can be completed, those being the golf course parking lot and the Main Street store. Councilmember Theis inquired if the City Council rejects all bids and rebids the entire project, will all the projects still be completed on time. The Director of Public Works stated that all three projects would be completed later than the City had anticipated, but if the City were to battle this in court it could take even longer. RESOLUTION NO. 87 -78 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RECONSIDERING AWARD OF 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 Celia Scott, and the motion passed unanimously. GAMBLING LICENSE FOR DUOOS BROTHERS AMERICAN LEGION CLUB The City Manager stated based on the past performance of the Duoos Brothers American Legion Club and the information prepared by the Police Department, staff recommends denial of this license. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to deny a gambling license for Duoos Brothers American Legion Club. The motion passed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 9:55 p.m. City Clerk Mayor 4 -6 -87 -11- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 20, 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 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council had received a request from Robert O'Donnell, 720 69th Avenue North, regarding erecting a fence between his property and the property of Columbus Village Apartments. Mayor Nyquist recognized Mr. O'Donnell who stated he would like to see a fence erected between his property and Columbus Village Apartments, and he felt this should be done at the apartment's expense. He stated in the warmer months his property is frequently subject to vandalism. He noted last summer the windows in his garage were broken. He stated that he has contacted the City and been told there are no ordinances which would require a fence or screening between Columbus Village Apartments and his property because of the age of the apartments. Mayor Nyquist inquired if Mr. O'Donnell has tried using the Mediation Services available to residents. Mr. O'Donnell stated he has not done so at this point. Mr. O'Donnell inquired whether there was any ordinance which would require Columbus Village to at least screen n their . parking area from his property. The City Manager stated P y y he would have staff aff investi ate this problem g p and get back to Mr. O'Donnell. In the meantime, he suggested that Mr. O'Donnell contact the Mediation Service and see if they can assist Mr. O'Donnell with his problem. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda, and no requests were made. RESOLUTIONS RESOLUTION NO. 87 -79 Member Celia Scott introduced the following resolution and moved its adoption: 4 -20 -87 -1- RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -A, RECONDITIONING OF WELLS NO. 4 AND NO. 9 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -80 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN ACTIVITIES AS A CIVIC EVENT FROM MAY 29 THROUGH OCTOBER 1 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -81 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -82 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE 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. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE LICENSE Boulevard Superette 6912 Brooklyn Boulevard FOOD ESTABLISHMENT LICENSE Boulevard Superette 6912 Brooklyn Boulevard Brooklyn Center Mobil- Supermart 6849 Brooklyn Boulevard Dayton's 1100 Brookdale Center Donut Delight 6838 Humboldt Avenue N. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE T & L Sanitation 8201 Logan Avenue N. ITINERANT FOOD ESTABLISHMENT LICENSE Brookdale Christian Center School 6030 Xerxes Avenue N. Brooklyn Center Fire Department 6301 Shingle Creek Pkwy. 4 -20 -87 -2- MECHANICAL SYSTEMS LICENSE Air Conditioning Associates, Inc. 689 Pierce Butler Route Centraire, Inc. 7402 Washington Ave.S. Flare Htg. & Air Cond., Inc. 664 Mendelssohn Avenue N. New Mech Companies, Inc. 1633 Eustis Street Northeast Sheet Metal, Inc. 4347 Central Avenue NE Owens Services Corporation 930 East 80th Street MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard RENTAL DWELLING LICENSE Initial: Jack and Nancy Wold 5907, 09 June Ave. N. William P. Kelly 5724 Logan Avenue N. Ronald & Carol Gray 6718 Scott Avenue N. RENEWAL: Quality Investment Co. Ryan Lake Apartment James & Bobbie Simons 6109, 11, 13 Beard Ave. N. Thomas Egan 5239, 41 Drew Avenue N. H. E. Homes 6827 Fremont Place Jeffrey Vest 5557 Knox Avenue N. Gary & Vikki Linder 5715 Knox Avenue N. Gerald & Elaine Theis 6719 Toledo Avenue N. Fred Beier 5300, 04 Vincent Ave. N. G & B Enterprises 3501 47th Avenue N. M. B. L. Investment Co. 3613 47th Avenue N. Donald E. Sobania 3701 47th Avenue N. Nordic Properties 3713 47th Avenue N. L. H. Hanggi 3725 47th Avenue N. Ed Krzesowiak 3001, 07 51st Avenue N. L. A. Beisner 2816 67th Lane J. J. Barnett 2926 68th Lane J. J. Barnett 2930 68th Lane J. J. Barnett 2938 68th Lane SIGN HANGER'S LICENSE Crosstown Sign Company 10166 Central Ave. NE Lawrence Signs Inc. 945 Pierce Butler Route Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SWIMMING POOL LICENSE Riverwood Townhomes Association 6626 Camden Drive North The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Richard Jennrich. He noted that Mr. Jennrich has worked in the Public Works Department for 34 years, and 4 -20 -87 -3- will be retiring on May 1, 1987. RESOLUTION NO. 87 -83 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD JENNRICH The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for Water Tower No. 1 Reconditioning, Improvement Project No. 1987 -02, Contract 1987 -B. Councilmember Lhotka inquired if there had been a major change in the specifications for the second bidding process which would result in these higher bids. The Director of Public Works stated that the only difference was in the first set of specifications the City had requested a single logo on the water tower, and in the second set of specifications two logos had been requested. He noted the cost for these logos was not high enough to warrant the large increase in bids submitted the second time around. Councilmember Lhotka stated he believed the Council should award the contract to the second lowest bidder. Councilmember Hawes stated he did not agree with Councilmember Lhotka, and stated he believed the bid should not be awarded to the second lowest bidder unless the City was under a set time frame for this project. The Director of Public Works stated if the Council were to reject all bids, he would suggest waiting until next year to rebid the project. He stated that at this time of the year the bids could become very high because most of the contractors have already filled their development schedules for the season. The Director of Public Works stated staff has had experience with the second low bidder, and they have done an excellent job for the City in the past. He added staff has also checked the references for the low bidder, and it does appear they are very knowledgeable in this area. However, he stated their bid did not conform to specification requirements,`' and the Council has the right to reject the bid. Councilmember Lhotka inquired whether Johnson Brothers, Inc. knew of the error before submitting their bid and chose to do nothing about it. The Director of Public Works stated that Johnson Brothers, Inc. was aware the company needed to be registered to do business in the State of Minnesota. He stated Johnson Brothers, Inc. had spoken with the consulting engineer regarding this requirement. Councilmember Lhotka inquired what the City Attorney's opinion was on this matter. The City Attorney stated that the safest way to handle this problem would be to reject all bids and start the process over again. However, he noted it could mean quite a delay for the project, and it may not be the most practical solution at this time. He stated that if the Council were to award the project to the second lowest bidder and reject the first lowest bidder, the City would have an excellent chance of winning any court case which was brought against them. If the Council chooses to award the contract to the first low bidder, he 4 -20 -87 -4- feels the City would have a fair chance of winning this type of court case. He noted that if all bids were rejected, the complainant would have no assurances that he would win the bid the next time around. Councilmember Theis inquired what the condition of the water tower is at this time and if it could wait for one more year. The Director of Public Works stated the outward appearance would deteriorate even more and the corrosion on the inside of the water tower would worsen. RESOLUTION NO. 87 -84 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WATER TOWER NO. 1 RECONDITIONING, IMPROVEMENT PROJECT NO. 1987 -02, CONTRACT 1987 -B The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed with Mayor Nyquist and Councilmember Hawes opposed. The City Manager presented a Resolution Accepting Proposal for Furnishing 420 Linear Feet of Class 55 Ductile Iron Pipe with Restrained Joints for Use in Improvement Project No. 1987 -03, Brookdale 16" Water Main Improvement. The Director of Public Works stated the courts have not made any ruling on the temporary injunction concerning the award of this project. He stated staff recommends the Council approve this resolution which would allow staff to place an order for this special pipe if the court grants the temporary injunction. However, if the court were to deny the injunction then the order would be placed through 0 & P Contracting. Councilmember Lhotka inquired if the contract amount would be decreased by the cost of the pipe if it were awarded to someone other than 0 & P Contracting. The Director of Public Works responded affirmatively. RESOLUTION NO. 87 -85 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO FURNISH 420 LINEAR FEET OF CLASS 55 DUCTILE IRON PIPE WITH RESTRAINED JOINTS FOR USE IN IMPROVEMENT PROJECT NO. 1987 -03, BROOKDALE 16" WATER MAIN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Amend an Agreement between the City of Brooklyn Center and Brooklyn Center Mediation Project. RESOLUTION NO. 87 -86 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO AMEND AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN CENTER MEDIATION PROJECT s 4 -20 -87 -5- The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed. Councilmember Hawes abstained from the vote. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 87007 SUBMITTED BY SHINGLE CREEK LAND COMPANY REQUESTING SPECIAL USE PERMIT APPROVAL FOR OFF SITE ACCESSORY PARKING AT THE SHINGLE CREEK BUSINESS CENTER NEAR 67TH AND SHINGLE CREEK PARKWAY The City Manager noted this application was recommended for approval by the Planning Commission at its April 9, 1987 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages one through three of the April 9, 1987 Planning Commission minutes and the attached informational sheet with those minutes. He reviewed the application and noted that the applicant has negotiated a lease for the remaining space in the RCM Plaza as an office occupancy. He stated if the RCM Plaza building becomes 100% office occupancy, 153 additional parking stalls are required. The Director of Public Works left the table at 7:40 p.m. The Director of Planning & Inspection noted the area has access off of Parkway Circle which is a private road. He stated the Planning Commission has some concerns regarding additional traffic from the 100% office occupancy during afternoon peak hours. The Director of Public Works returned to the table at 7:47 p.m. The Director of Planning & Inspection pointed out the consideration of the total landscaping improvements is not part of this approval, but it would be considered at another time. He stated that the Planning Commission recommended approval of this item, subject to 12 conditions which he proceeded to review for the Council. He stated a public hearing has been scheduled for this evening and notices have been sent. Councilmember Hawes inquired if parking is allowed on Parkway Circle. The Director of Planning & Inspection stated that parking is not allowed on a private road; it is designated as a fire lane. A brief discussion then ensued regarding the drainage for the area and the possibility of the buildings ever flooding. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87007 submitted by Shingle Creek Land Company. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 87007 submitted by Shingle Creek Land Company. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to i s 4 -20 -87 -6- s approve Planning Commission Application No. 87007 submitted by Shingle Creek Land Company, subject to the following conditions: 1. Special use permit approval acknowledges off -site accessory parking of 153 spaces on Tract A, R.L.S. 1572 to be provided for the sole use of Tract B, R.L.S. 1564. The applicant shall encumber the 153 parking spaces for this specific purpose in a manner consistent with City ordinances as approved by the City Attorney. Said encumbrance shall be filed with the title to the properties. 2. Special use permit approval acknowledges the proof -of- parking for up to 153 parking spaces. The applicant shall execute an agreement, as approved by the City Attorney, to install said parking 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. 3. A revised declaration establishing parking rights in the central parking lot for the Ramada Hotel, Parkway Place and Shingle Creek 11 shall be reviewed and approved by the Zoning Official and the City Attorney prior to the filing at the County. 4. The applicant shall execute a standard utility maintenance and inspection agreement as approved by the City Engineer. 5. The applicant shall submit a drainage plan for approval by the Shingle Creek Watershed Management Commission. 6. The applicant shall all a ree to dedicate the necessary sar easement area y required for storm water detention in accordance with the plan approved by the Shingle Creek Watershed Management Commission. 7. The applicant shall be responsible for protecting the flowageway running from the intersection of 67th Avenue North and Shingle Creek Parkway to Shingle Creek. 8. The applicant shall enter into a traffic signal agreement with the City, as approved by the Director of Public Works, whereby they shall be responsible for paying half of the cost of the future installation of a traffic signal at the Parkway Circle /67th Avenue North intersection with Shingle Creek Parkway if the necessity of such a traffic signal is determined by the City. 9. Approval of this application does not acknowledge an amendment to the landscape /plaza plan submitted under Planning Commission Application No. 86033. The applicant shall submit a revised plan for review and approval by the City. 10. Special use permit approval acknowledges the ability of RCM Plaza to have a 100% office occupancy. 11. Special use permit approval is subject to all applicable codes, 4 -20 -87 -7- ordinances and regulations. Any violation thereof shall be grounds for revocation. 12. The applicant shall execute an easement over a portion of the central parking lot dedicating that portion of the property indicated on the approved plan for landscaping purposes. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:02 p.m. and reconvened at 8 :18 p.m. Mayor Nyquist stated that he would like to welcome Boy Scout Troop #529 to the City Council meeting. ORDINANCES The City Manager presented An Ordinance Amending Chapter 34 Regarding Off Premise Advertising Signs. He stated that basically the changes made to this ordinance are adjustments which would bring the language contained in this ordinance into compliance with current court rulings. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 34 Regarding Off Premise Advertising Signs, and setting a public hearing date for May 18, 1987 at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 Regarding the Planning Commission. He stated this item was first read on March 9, 1987, published in the City's official newspaper on March 19, 1987 and was offered for a second reading on April 6, 1987. He noted action on this ordinance was tabled at the April 6, 1987 meeting. He pointed out this item requires a 4/5 vote of the City Council. Mayor Nyquist noted the question raised at the April 6, 1987 Council meeting was whether the Planning Commission should choose their own Chairperson or should the Mayor choose "the Chairperson. Councilmember Lhotka inquired why the Planning Commission was set up in this way. The City Manager stated the reason is unclear and it could be that the consultant who put together the original ordinance had done it this way in the past. Councilmember Hawes stated that the method of allowing the Planning Commission to choose their own Chairperson has always worked well in the past, but he also believes allowing the Mayor to choose the Chairperson works well too. He stated he can see no reason for not bringing the Planning Commission into conformance with the other commissions. Councilmember Theis stated that he can see no reason to change the method of choosing the Chairperson to allow the Mayor to do so. He stated members of the Planning Commission have expressed concerns regarding this new method, and he feels it� should be left as it is. ORDINANCE NO. 87 -03 Member Bill Hawes introduced the following ordinance and moved its adoption: 4 -20 -87 -8- AN ORDINANCE AMENDING CHAPTER 35 REGARDING THE PLANNING COMMISSION The motion for the adoption of the foregoing ordinance was duly seconded by member Mayor Nyquist, and the motion passed with Councilmember Theis opposed. RESOLUTION NO. 87 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DEFINING DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER PLANNING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. DISCUSSION ITEMS WATER QUALITY IMPROVEMENT - STATUS REPORT The Director of Public Works stated he would like to update the Mayor and Councilmembers on the progress being made on the quality of the water supply to residents in an area on the western edge of the City. He stated some progress is being made by increasing the chemical treatment of the water and installation of three new in -line pumps within the water mains in the area. He stated one problem which has arisen n is that when the pumps were first installed they were very quiet, but after time a noise has developed which carries into the homes along the line. He stated during the nighttime hours the pumps are shut off, but this defeats the purpose of an in -line um . The Director of Public Work P P s stated that it will costa approximatel y $50,000 a year to continue this approach, and noted that the consultants believe that whatever approach is taken to this problem, it will never be totally eliminated. He stated because it is very difficult to evaluate the _long -term effects of these measures based on short - term experience, it is staff's recommendation the City continue with this present course of action for four to six months, then evaluate the results and decide whether or not to continue on this course. If a decision is made that replacement of some of the water mains is required, plans should be made to do that work early in 1988. The Director of Public Works stated one additional recommendation is to install a loop water main on Paul Circle, so as to eliminate the dead end conditions which exist on that street. He pointed out as long as the dead end exists, the in -line pumps have no effect on that line, and the effects of water treatment are substantially reduced. He noted the estimated cost for installing this loop main on Paul Circle is $20,000 and could be installed in 1987, if the Council wishes to do. Councilmember Lhotka inquired how many homes were on Paul Circle. The Director of Public Works stated there are eight or ten homes on Paul Circle. Councilmember Lhotka asked what the total number of homes in the area is. The Director of Public Works stated there are 500 to 600 homes in this problem area. The Director of Public Works stated that the chemical is being added at the well and it goes throughout the entire City. He noted the number of complaints has 4 -20 -87 -9- been reduced throughout the City, and added there would be no way to correct the problem in only one area. The City Manager stated staff and the consultant has been looking for any common denominator which would point to why some houses have the problem and some do not. He stated that at this point no common denominators have been found. Councilmember Hawes inquired if the new increase for water rates would cover the $50,000 expenditure for this treatment. The Director of Public Works responded affirmatively. Councilmember Lhotka stated he would like some more details on the work being proposed for Paul Circle and an exact cost. Councilmember Theis stated he would like staff to determine whether there are any other areas within the City with the same problem. The Director of Public Works stated that Paul Circle is a unique situation and there are no other areas in the City like this. PROPOSAL FOR TRAFFIC STUDY AND PRELIMINARY DESIGN OF 69TH AVENUE NORTH BETWEEN DUPONT AVENUE NORTH AND ZANE AVENUE NORTH The Director of Public Works stated in 1985 the City Council adopted a Resolution which Approved a Five Year Municipal State Aid Capital Improvement Program. He noted this tentatively programmed (1) the acquisition of additional right -of -way along 69th Avenue in 1988 and (2) the reconstruction of 69th Avenue in 1989. He stated that after preliminary review of this proposed improvement there are many special factors which enter into the consideration of the project. He stated the overall environmental impact should be reviewed and that the area should be studied between Dupont and Zane Avenues North. He noted the City has received a proposal from Short - Elliott- Hendrickson, Inc. for the traffic studies and preliminary design of the area. He stated that Short - Elliott- Hendrickson, Inc. has done traffic studies for the City in the past, each time with excellent results. He stated staff recommends approving the proposal for the traffic study and preliminary design. Councilmember Lhotka inquired how long the study would take. The Director of Public Works stated it would take approximately one year. Councilmember Lhotka stated that he would like to know more facts about the proposed project before approving the cost. The Director of Public Works stated the estimated cost for the traffic studies and preliminary design is $59,000. He noted this cost estimate does not include some items, but that his most pessimistic estimate would be $120,000. Mayor Nyquist inquired if Hennepin County would be paying for any of this study. The Director of Public Works stated it is difficult to get money from the County for a study of this type, but the City and SEH would be asking the County for their technical assistance. Councilmember Scott inquired what portion of the study could be reimbursed by local MSA funds. The Director of Public Works stated less than 50% could be reimbursed by local MSA funds. Councilmember Theis inquired what a "6F" statement is. The Director of Public Works stated it is a detailed environmental study which may have to be completed for each parcel of land in question. RESOLUTION -NO. 87 -88 Member Gene Lhotka introduced the following resolution and moved its adoption: 4 -20 -87 -10- RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL SERVICES WITH SHORT- ELLIOTT- HENDRICKSON, INC., CONSULTING ENGINEERS, TO CONDUCT A TRAFFIC STUDY AND PRELIMINARY DESIGN OF 69TH AVENUE NORTH BETWEEN DUPONT AVENUE AND ZANE AVENUE NORTH, IMPROVEMENT PROJECT NO. 1987 -08 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Hawes opposed. MAMA -49 CONTRACT CHANGES There was a motion by Councilmember Scott and seconded by Councilmember Hawes approving the two recommended changes to the Local 49 Labor Agreement. The motion passed unanimously. LOWER TWIN LAKE The City Manager stated the City of Robbinsdale is seeking special legislation to allow the City to regulate Lower Twin Lake in conjunction with the Department of Natural Resources. He noted at this time no action has been taken. HOUSE FILE NO. 1342 PERTAINING TO THE SALE OF WINE IN GROCERY STORES The City Manager stated that staff foresees many problems if the sale of wine in grocery stores is allowed. He stated staff does not believe grocery stores are capable of regulating the sale of wine as well as liquor stores. Councilmember Theis inquired q ed if the sale of 3.2 beer is regulated closel y in g rocer stores. y The City Manager stated t y g he sale of 3.2 beer in grocery stores is required to be as strictly regulated as the sales in liquor stores , but staff has been told that hat regulation problems do exist. He stated staff will be looking into these regulation problems in the future. Councilmember Theis inquired whether the he City would license this type of sale in grocery stores. The City Manager responded affirmatively. Councilmember Scott stated she believes a major problem for grocery stores is age enforcement. She noted that she has seen grocery stores refuse to sell 3.2 beer after the correct selling hours, but she has never seen any grocery store check someone's age before selling 3.2 beer. RESOLUTION NO. 87 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING HOUSE FILE NO. 1342 PERTAINING TO THE SALE OF WINE IN GROCERY STORES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. OTHER BUSINESS The HRA Coordinator stated the resolution before the Council this evening would approve a Joint Powers Agreement providing for participation of the City in a joint program for the issuance of low interest mortgages. He noted this would make 120 to 150 mortgages available at an interest rate of 7 1/2%. RESOLUTION N0. 87 -90 4 -20 -87 -11- ` . R Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PARTICIPATION IN THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, MINNEAPOLIS/ SAINT PAUL HOUSING FINANCE BOARD, AND WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY JOINT SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM AS DEFINED HEREIN AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 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 9:30 p.m. City Clerk Mayor 4 -20 -87 -12- PRESENTATIONS NORTHWEST HENNEPIN HUMAN SERV?CES COUNCIL Mayor Nyquist recognized Mary Cayan, Executive Director for the Northwest Hennepin Human Services Council. Ms. Cayan introduced the members who represented Brookiyn 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 per capita groupings. HRA Coordinator Brad Hoffman entered the meeting at 7;17 P.M. Mayor Nyquist inquired 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 omes from Hennepin Count g p Mayor Nyquist stated that he would like to see solutions y in utions fog financing needs explored g in the private sector as much as possible. Mayor N - -ist thanked Ms. Cayan and the other members of the Council for being present this evening at the City Council meeting. CHARTER _ COMMIS SION RETIRING MEMBER Mayor Nyquist stated he would like to resent a plaque to P p q Ernest Erickson recognizing his service on the Charter Commission. He noted that Mr. Erickson served on the Charter Commission from 1979 until 1987. Mr. Erickson t'r,anked the Mayor and Councilmembers. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract for Improvement Project No. 1986 -21, Earle Brown Farm Streetsca e Improvement p P 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 -5- CORRECTED COPY 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 diference 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 bic'_der 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 bid security he does not meet specs. Councilmember Hawes stated he agrees with the basic remarks that have been stated by the other Councilmembers, but noted the difference is quite large and he cannot see denying the award to the low bidder and paying an additional $9,000 to the second low bidder. 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 -_.n bid security and award the contract to McNerney Industries. 3 -23 -87 -6- 714 CITY 6301 SHINGLE CREEK PARKWAY OF B:iROOKLYN 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 Plat - Ed Trombley's Addition Mr. Edward Trombley, developer of the above referenced plat, has applied to the City Council to approve the final plat of Ed Trombley's Addition. The land is located at the southeast corner of 61st and Colfax Avenue North. Conditions adopted for the preliminary plat by the City Council, at its December 22, 1986 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 existing woodshed on the proposed Lot 1 shall be relocated outside of the proposed drainage and utility easement along the easterly 5 feet of the property prior to release of the final plat for filing at the County. 4. The applicant shall enter into a utility maintenance agreement prior to release of the final RLS for filing. 5. No building permit shall be issued for a structure on the proposed Lot 2 until the proposed plat has received final approval and been filed at the County. 6. The abstract is subject to review by the City Attorney prior to final plat approval. Of the conditions above No. 1 and 2 have been met. Accordingly, we recommend approval of the final Plat subject to the following conditions: 1. Receipt of title opinion from the City Attorney confirming the appropriate parties responsible for signing the Plat. 2. The existing woodshed on the proposed Lot 1 shall be relocated outside of the proposed drainage and utility easement along the easterly 5 feet of the property prior to release of the final plat for filing at the County. 3. 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. „ Ile Sa.ae eaq mate April 30, 1987 Page 2 4. No building permit shall be issued for a structure on the proposed Lot 2 until the proposed plat has received final approval and been filed at the County. 5. The owner shall pay all City Attorney fees incurred in review of the final plat prior to release of the final plat for filing at the County. Respectfully submitted, Approved for submittal, H.R. Spur ier Sy Knapp City Engineer Director of Public Works HRS:� ED TMOA413LEY5 l l-IDPI TIOAI 6 I ST AVE . 60 to Li �r. p I � i I i i o ' - 13740 60 � J� go-q-b MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Clay Larson, Building Inspector DATE: April 29, 1987 SUBJECT: Performance Guarantee The following performance uarantees are recommended for release i g 1e se or reduction as specified: 1. H. E. Homes, Inc. 7020 -7086 Brooklyn Boulevard Planning Commission Application No. 84027 Amount of Guarantee - $60,000 Letter of Credit No. 247 Obligor - H. E. Homes, Inc. Site work is complete. As -built survey has been submitted and approved by the Engineering Department. All plantings and sod are installed and live. I recommend total release of this letter of credit. 2. Brooklyn Center Baptist Church 5840 Humboldt Avenue North Planning ommission Application lication No. AA 86023 Amount of Guarantee - $25,000 Obligor - Brooklyn Center Baptist Church Parking lot paving and curb are complete. Most of the plantings are existing. Recommend reducion to $10,000.00 to cover remaining sodding and Humboldt Avenue- North curb and asphalt patching. Approved by . Ronald A. Warren, Director of Planning and Inspection Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -I (CIVIC CENTER CARPET REPLACEMENT IMPROVEMENT PROJECT NO. 1985 -16) WHEREAS, pursuant to written Contract 1985 -I signed with the City of Brooklyn Center, Minnesota, Carpet Center, Inc. has satisfactorily completed the following improvement in accordance with said contract: CIVIC CENTER CARPET REPLACEMENT IMPROVEMENT PROJECT NO. 1985 -16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $ 34,870.00 $ 34,870.00 Change Order No. 1 3,810.00 3,810.00 Change Order No. 2 605.00 605.00 $ 39,285.00 $ 39,285.00 2. The value of work performed is equal to the original contract amount. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $39,285.00. 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. 10L Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR COMMUNITY CENTER IMPROVEMENTS, PROJECT NO. 1987 -05 CONTRACT 1987 -C WHEREAS, pursuant to City Council approval of the design concept for the Community Center improvements the City's Architect, Carlson Mjorud Architecture, Ltd. (CMA) has prepared plans and specifications for Improvement Project No. 1987 -05 and and has presented such plans and specifications to the City Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for the following improvement as prepared by CMA are approved and ordered filed with the City Clerk: COMMUNITY CENTER IMPROVEMENT PROJECT N0. 1987 -05 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, p ified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. 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 :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 1 ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 30, 1987 RE: Plans and Specifications for Community Center Improvements Project No. 1987 -05, Contract 1987 -C In accordance with the City Council's action on April 6, 1987 approving the design concept for the Community Center improvements, our architect, Al Mjorud, of Carlson Mjorud Architecture, Ltd. (CMA), has completed preparation for plans and specifications for the improvements to the Community Center. Mr. Mjorud will attend the City Council meeting on May 4, 1987 to present the plans and specifications and to address any questions the Councilmembers may have regarding the project. The major item of construction in terms of dollar value is the new roofing and insulation system on the Community Center building. You will recall that the City Council approved the staff recommended alternate for insulation, using the "sandwich" system which provides for a layer of ISO insulation, sandwiched between 2 layers of foamglas insulation. The roofing system selected is the modified bitumin roofing system. Attached hereto is a copy of CMA's April 24, 1987 letter to me which contains additional details regarding the selection of modified bitumin roofing systems. Mr. Mjorud will be prepared to discuss this memo in more detail, and any other item the City Council members may wish to discuss at the May 4th meeting. A resolution is attached for consideration by the City Council. Respectfully submitted, Sy happ Director of Public Works SK: jn " ?!ce Satice�tli.rg nl acre �� „ t Carlson Mjorud Architecture Ltd. 1000 Shelard Parkway Minneapolis, Minnesota 55426 612/546 -3337 April 24, 1987 Mr. Sy Knapp CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Modified Bitumen Comparison Chart Dear Mr. Knapp: Here is a chart comparing some of the leading manufacturers of modified bitumen roofing systems. Notice we have tried to make a comparison of the various companies based on the properties of their product. Also note we are not recommending GAF, Manville, nor Nord Bitumi for several reasons. One reason for this is their experience and installations in the United States. Another reason has to do with whether or not the membrane has a Class A rating required by your building officials. Another factor is approval on cellular glass. Even though in our evaluation Siplast and Teltex do seem to meet our qualifica- tions, they were not mentioned by Pittsburgh Corning Corporation as recom- mended membranes over their product. We have written to Pittsburgh Corning to ask for their evaluation of these two manufacturers as possible approved equivalents to the ones they recommended. Another concern of ours is the manufacturers recommended minimum slope. As you know, we are presently planning our slope to drain at 1/8 inch per foot. Note that two of the recommended manufacturers prefer 1/4 inch per foot. We have contacted these manufacturers and they have stated verbally their guaran- tee would not be jeopardized by going to a lower pitch. Note that the warranty we will be seeking for the roof membrane will be ten years. We will be asking Pittsburgh Corning to warrant their product for a period of twenty years. l f Mr. Sy Knapp CITY OF BROOKLYN CENTER April 24, 1987 Page Two This is sent to you to demonstrate the process by which we evaluate various products. We are still in the process of making an evaluation at this time. If, however, you have any commentary, preferences or input you would like to share with us, we would be happy to receive same. Very truly yours, CA LSON MJORUD ARCHITECTURE LTD. Al Mjorud, AIA AM: Iw Enclosure cc: Richard Madsen, Specifier MODIFIED BITUMEN COMPARISON CHART 0 -- PROJECT N 103 ' C C B , RE: ROOFING PROJECT R L E P R FOR: COMMUNITY CENTER I E A L I 0 CITY OF BROOKLYN CENTER N I S F R R A L R T R 0 S N S L E E P U E T E K APRIL 20,.1987 T A T F E C C P L C S C L W A V H 0 S A' R L X 0 0 R A 0 0 N A L A I R T T B E 0 I M M M M 0 R M C M R 0 L I C I C W C E R R A Q W!3 M I M A V M 0 M C R LAN 0 L K E E N E A L U I E S N E S X E G E R E E A D T L A N I M S N T L I T L N L I N L I D L N N N N N EIU 0 E G E I I AR E D0M D0M A D I DFT T S 0 :3 R L S H N L T N S E M T E P U E P U 0 S E B N E 0 E Y TNA SE S T T EH G TD P DEM DEM NS DYG DRR COUNTRY MANUFACTURER/ (PER (LBS/ (PER (PER OF ORIGIN BRAND (YRS) (YRS) (MILS) SQ.FT) FOOT) (LBS) FOOT) FOOT) GAF USA "RUBEROID MB 10 2 B/W 160 .97 P 150 14'F MUST NO - -- NO MEMBRANE" PENDING NONE DRAIN 3 i MANVILLE USA "DYNAKAP FR" 10 3 W/B 160 1.1 F/P 120 YES NONE -5'F 1/8" 3 YES - -- NO I NORD BITUMI 10 N0 ITALY "NORDFLEX M" 5 +5 4 B/G 160 .9 P 162 CLASS C 10 -4'F 1/4" VERT. YES - -- NO I OWENS- CORNING DEAD ITALY "DERBIGUM HPS,SP" 10 9 B 160 1.0 F/P 200 YES NONE 6'F LEVEL VERT. YES YES YES SIPLAST VARI- FRANCE "PARADIENE 20/30" 10 9 OUS 260 1.75 F 75 YES NONE 30'C 0 }" YES - -- YES WEST TAMKO 10, CONSULT GERMANY "AWAPLAN" 5 9 W/B 160 .95 P 130 YES NONE 20'F 1/4" MFR YES YES YES TELTEX 10, ITALY "RHOFLEX" 15,20 10 B 160 .88 P 550 YES NONE -4'F FLAT VERT. YES - -- YES INTEC ITALY "BRAI GB -SP4" 12 8 B 150 .82 P 208 YES NONE 10'F 1/4" VERT. YES YES YES CHART ABBREVIATIONS B = BLACK W = WHITE G = GRAY F = FIBERGLASS P = POLYESTER II� Me-, Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES ( ORDER NO. DST05/04�8 WHEREAS, a Notice to Abate Nuisance and Diseased Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased shade trees on the owners property; and WHEREAS, the City can expedite the removal of diseased shade trees by declaring diseased shade trees a public nuinance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER JAMES POPEHN 5801 EMERSON AVE NO 1 RAYMOND WAGNER 5901 ADMIRAL LN 2 ROBERT ARMAGOST 5207 BOULDER LN 3 CATHERINE SCHUTT 7301 NOBLE AVE NO 4 HENRY WOS 5510 LYNDALE AVE NO 5 WILLIAM FUST 5943 WASHBURN AVE NO 6 WILLIAM FUST 5943 WASHBURN AVE NO 7 ARTHUR OSTMAN, JR 5949 WASHBURN AVE NO 8 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. lOd Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING MAY 19, 1987 AS MARY JANE GUSTAFSON DAY IN BROOKLYN CENTER WHEREAS, Mary Jane Gustafson served as Editor of the Brooklyn Center POST since February, 1960; and WHEREAS, she retired on April 15, 1987; and WHEREAS, over the course of her 27 years as editor of the Brooklyn Center POST she attended and reported on over 450 Council /City meetings; and WHEREAS, it is highly appropriate that her service to the community be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that May 19, 1987 is hereby declared Mary Jane Gustafson Day. 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 1016 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FOUR (4) POLICE PATROL SEDANS WHEREAS, an appropriation was approved in the 1987 budget g for the purchase of Four (4) Police Patrol Sedans; and WHEREAS, $50,000 was originally appropriated for the purchase of the Four (4) Police Patrol Sedans; and WHEREAS, three bids were received as follows: Company Bid Total bid Thane Hawkins Polar Chevrolet $11,315.00 each $45,260.00 Rosedale Chevrolet $11,863.35 each $47,453.40 Superior Ford $12,764.00 each $51,056.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of Four (4) Police Patrol Sedans from Thane Hawkins Polar Chevrolet, in the amount of $45,260.00 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT CARGO VAN WHEREAS, an appropriation was approved in the 1987 budget for the purchase of One (1) Cargo Van; and WHEREAS, $10,500 was originally appropriated for the purchase of the Compact Cargo Van; and WHEREAS, four bids were received as follows: Company Bid Superior Ford $10,390.00 Thane Hawkins Polar Chevrolet $10,996.00 Brookdale Ford $11,097.00 Rosedale Chevrolet $11,519.22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of One (1) Compact Cargo Van from Superior Ford, in the amount of $10,390.00 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING MAY 15, 1987 THROUGH MAY 21, 1987 AS DRUG AWARENESS WEEK WHEREAS, the use of drugs is becoming an increasing cancer in our society and communities; and WHEREAS, the Brooklyn Center City Council has declared war on drugs; and WHEREAS, the Brooklyn Peacemaker Center has volunteered to coordinate the program; and WHEREAS, in cooperation with Brookdale Center and the school districts, the ro ram is being extended nded to the g g surrounding communities; g and , WHEREAS, a kickoff is being planned for the week of May 15, 1987 through May 21, 1987. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The week of May 15, 1987 through May 21, 1987 is hereby declared Drug Awareness Week in Brooklyn Center. 2. The churches of Brooklyn Center are encouraged to emphasize drug awareness and prevention of its usage. e. 3. The schools in the area are encouraged to emphasize drug education. 4. All citizens resolve to strive for a drug free society. 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. /0// Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER OF THE CITY OF BROOKLYN CENTER TO EXECUTE AN EASEMENT AGREEMENT ON BEHALF OF THE CITY OF BROOKLYN CENTER WHEREAS, Brookwood Estates Limited Partnership, a Minnesota limited partnership is the owner of certain land located in the City of Brooklyn Center, County of Hennepin, described as follows: Lot 2, Block 1, Brookwood Residences (the "subject property "); and WHEREAS, that prior to the Hennepin County District Court Order dated March 3, 1987, which terminated the Brookwood Condominium, said above - described land was subject to a Declaration of Brookwood Condominium, Condominium No. 515 (hereinafter referred to as "Declaration "); and WHEREAS, said Declaration created certain easement rights in the subject property in favor of the City of Brooklyn Center; and i WHEREAS, Brookwood Estates Limited Partnership, a Minnesota limited partnership and the City of Brooklyn Center have agreed to enter into an Easement Agreement preserving the easements and other rights created in said Declaration, for the benefit of the City of Brooklyn Center; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: That the Mayor and the City Manager of the City of Brooklyn Center are hereby authorized and directed to execute an Easement Agreement with Brookwood Estates Limited Partnership, a Minnesota limited partnership, its successors and assigns, which Easement Agreement will substantially parallel the easement rights created in the Declaration of Brookwood Condominium, Condominium No. 515. 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: EASEMENT AG REEMENT FOR VALUABLE CONSIDERATION, this Easement Agreement is entered into on this day of , 1987, by and between the City of Brooklyn Center, a municipal corporation under the laws of Minnesota, hereinafter referred to as the "City," and Brookwood Estates Limited Partnership, a Minnesota limited partnership, its successors and assigns, hereinafter referred to as "Owner." WITNESSETH THAT: WHEREAS, the Owner is the registered owner of certain property within the County of Hennepin, State of Minnesota, , described as follows: Lot 2, Block 1, Brookwood Residences (the "Subject Property "); and WHEREAS, the Subject Property was subject to the Declaration of Brookwood Condominium, Condominium No. 515, Registrar of Titles, Document No. 1601329, Files of the Registrar of Titles, hereinafter referred to as "Declaration;" and WHEREAS, said Declaration created certain easement rights in the Subject Property in favor of the City; and WHEREAS, on March 3, 1987, an Order was entered by Hennepin County District Court, File No. A- 21656, which Order confirmed that Brookwood Condominium No. 515 was properly terminated by the "Termination of Condominium," Document No. 1670029, Files of the Registrar of Titles, Hennepin County, Minnesota; and WHEREAS, among other things, the termination of Brookwood Condominium resulted in (1) freeing the Subject Property from the provisions, restrictions and easements contained in said Declara- tion; and (2) freeing the Subject Property from the provisions of Minnesota Uniform Condominium Act, Minnesota Statutes 1980, Chapter 515A, and Acts Amendatory thereof; and - WHEREAS, the parties hereto desire to preserve the easements and other rights created in said Declaration, for the benefit of the City; THEREFORE, it is agreed by and between the parties hereto: 1. The Owner hereby grants, conveys and creates, a non- exclusive easement over and across the Subject Property, in favor of the City, its successors and assigns, for the purpose of ingress and egress for police, fire, rescue, and other emergency calls; for animal control; for health and protective inspection; and to perform or provide any other public service deemed necessary by the City. 2. The Owner hereby grants, conveys and creates an easement in favor of the City, its successors and assigns, for the purpose of ingress and egress, construction and maintenance over and across the Subject Property for the performance of the following functions: street repair and maintenance; street construction and reconstruction; snow removal; sanitary sewer and storm sewer construction, reconstruction and maintenance; water main construction, reconstruction and maintenance; surface drainage and storm sewer construction, reconstruction and maintenance; weed control; Dutch Elm control; and installation of cable television and other public services that may become necessary in the future. Provided, however, that said easement rights created under this paragraph 2 shall be exercised only in the event that the City Council finds that the Owner is unable to adequate- ly perform such functions and that the health, safety and welfare of members of the public require that such functions be performed by the City. 3. Whenever under the provisions of this Agreement inspection, construction, reconstruction, repairs or maintenance are necessary, the City may, upon request of the Owner, or after reasonable notice to the Owner under the circumstances, on its own volition, perform such work as is necessary, and the Owner shall reimburse the City for the cost thereof. In the event that the Owner shall default in any such payment, the City may, at its option, assess the said costs against the Subject Property, and certify said assessment to the County Auditor and collect the same in a single payment as in the case of special assessment for public improvements. The City does not undertake to perform any of the work outlined in this Agreement, but reserves to itself the option to so perform. 4. The parties hereto further agree that the easement described herein at paragraph 2 shall not cover or affect that part of the Subject Property on which the building and structures are located. 5. The Owner agrees to indemnify and held the City harmless from and against all liability, loss, costs, including, but not limited to, attorneys' fees (whether or not suit be brought) for any claim for damages or other relief arising out of the foregoing functions and purposes, unless arising out of the negligence or wrongful act of the City or its agents. 6. This Agreement, and the covenants, conditions, easements and terms contained herein, shall run with the land and shall bind and inure to the benefit of the parties hereto and their successors and assigns. 2 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. BROOKWOOD ESTATES LIMITED PARTNERSHIP, a Minnesota limited partnership By: BRUTGER COMPANIES, INC., a Minnesota corporation, a general partner of Brookwood Estates Limited Partnership, a Minnesota limited partnership By: Its: CITY OF BROOKLYN CENTER, a municipal corporation, under the laws of Minnesota By: Dean Nyquist, Mayor and By: Its: Midwest Federal Savings and Loan Association of Minneapolis, a federally chartered association, as Mortgagee under a mortgage dated August 1, 1985, filed September 9, 1985 as Document No. 1670032, Files of the Registrar of Titles, Hennepin County; Minnesota, hereby consents to this Easement Agreement. MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MINNEAPOLIS, a federally chartered association By Its By Its 3 First Trust Company, Inc., a Minnesota corporation, as Trustee, under a trust indenture dated August 1, 1985, and under the mortgage dated August 1, 1985, filed September 9, 1985 as Docu- ment No. 1670032, Files of the Registrar of Titles, Hennepin County, Minnesota, hereby consents to this Easement Agreement. FIRST TRUST CO., a Minnesota corporation, as Trustee By Its By Its STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 1987 by Brutger Companies, Inc., a Minnesota corpora - tion, by , its a general partner of Brookwood Estates Limited Partnership, a Minnesota limited partnership on behalf of said limited part- nership. Signature of person taking the acknowledgment. NOTARIAL STAMP STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 1987 by Dean Nyquist, the Mayor and by the of the City of Brooklyn Center, a municipal corporation under the laws of Minnesota, on behalf of said corporation. Signature of person taking the acknowledgment. NOTARIAL STAMP 4 STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 1987 by and the and of Midwest Federal Savings and Loan Association, a federally charted associ- ation (as mortgagee under a mortgage filed as Hennepin County Registrar of Titles Document No. 1670032) on behalf of said association. Signature of person taking the acknowledgment. NOTARIAL STAMP STATE OF MINNESOTA) ) ss . COUNTY OF ) The foregoing was acknowledged before me this day of , 1987 by and the and of First Trust Company, a corporation under the laws of Minnesota (as trustee under a trust indenture dated August 1, 1985, and under the mortgage dated August 1, 1985, filed September 9, 1985 as Docu- ment No. 1670032, Files of the Registrar of Titles, Hennepin County, Minnesota) on behalf of said corporation. Signature of person taking the NOTARIAL STAMP acknowledgment. This instrument drafted by: LEFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ 2000 First Bank Place West Minneapolis, Minnesota 55402 (612) 333 -0543 0007aa01.c58 5 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF BROOKLYN CENTER A FIRST SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD WHEREAS, the City of Brooklyn Center ( "City ") on April 22, 1986 joined in the execution of an instrument entitled "Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road," ( "Declaration ") with Uhde /Nelson, Inc., a Minnesota corporation, ( "Uhde /Nelson ") with respect to land located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described as: Lots 1 and 2, Block 1, 7100 CORPORATE PLAZA, SECOND ADDITION ( "Subject Property "); and WHEREAS, Uhde /Nelson has sold part of the Subject Property by a Contract for Deed to Arden Hills Properties, a Minnesota general partnership ( "Arden Hills Properties "); and WHEREAS, Uhde /Nelson and Arden Hills Properties desire to enter into a First Supplement to the Declaration for the purpose of setting forth the specific obligations as between those two parties with respect to the private road and the Subject Property; and WHEREAS, the City has an interest in the private road and the Subject Property, as evidenced by the Declaration, and therefore must join in the execution of the First Supplement to the Declaration; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: That the Mayor and City Manager of the City of Brooklyn Center, Minnesota are hereby authorized and directed to execute on behalf of said City a First Supplement to the Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road with respect to Lots 1 and 2, Block 1, 7100 CORPORATE PLAZA, SECOND ADDITION. 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. FIRST SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD THIS DECLARATION AND AGREEMENT is made and entered into as of March 18, 1987, by and between ARDEN HILLS PROPERTIES, a Minnesota general partnership ( "Arden Hills "), UHDE /NELSON, INC., a Minnesota corporation ( "UHDE /NELSON ") and the CITY OF BROOKLYN CENTER, a municipal corporation (the "City "); RECITALS A. Arden Hills is the contract vendee of certain real property situated in the City of Brooklyn Center, Hennepin County, Minnesota, legally described on Exhibit A attached hereto ( "Parcel I "), pursuant to that certain Contract for Deed dated March 18, 1987, and recorded with the Hennepin County Recorder as Document No. (the "Contract for Deed "). B. Uhde /Nelson is the contract vendor of Parcel I pursuant to the Contract for Deed and is the owner of certain real prop- erty situated in the City of Brooklyn Center, Hennepin County, Minnesota, legally described on Exhibit B attached hereto ( "Parcel II"). Parcel I and Parcel II are contiguous. C. A Declaration of Covenants, Conditions, Restrictions. and Maintenance Agreement for a Private Road (the "Declaration ") was entered into between Uhde /Nelson and the City and recorded with the Hennepin County Recorder as Document No. 5122814, creat- ing a road easement as described in the Declaration for ingress and egress and for other purposes described in the Declaration. Pursuant to the foregoing, the parties hereto state and agree as follows: 1. Definitions The definitions contained in the Declaration are used in this Agreement to the same extent as if fully set forth herein. 2. Repair and Maintenance of Private Road In furtherance of the agreements contained in the Declaration, and except as otherwise set forth in Section 3 below, Arden Hills and Uhde /Nelson agree that the Owner of Parcel I and Owner of Parcel II shall share the costs of reconstruction, maintenance and repair of the Private Road, including but not limited to the costs of resurfacing and snow removal, in equal shares with one half thereof payable by the Owner of Parcel I and one half thereof payable by the Owner of Parcel II. 3. Indemnification The Owner of Parcel II hereby agrees to indemnify and hold harmless the Owner and users of Parcel I of and from all loss, costs, expense and damage to the Private Road, the Road Easement, and any property belonging to the Owner or any user of Parcel I related to or arising out of the use of the Private Road and the Road Easement during construction of any improvements on Parcel II, including by way of example and not by way of limitation the costs of repair of damage to the surface of the Private Road arising out of the passage of trucks or heavy vehicles. 4. Commencement of Obligations The obligations of the Owner of Parcel II for the payment of the costs set forth in Sections 2 and 3 of this Agreement shall accrue upon the com- -2- mencement of the use of Parcel II for any purpose, including site preparation or construction of improvements. Payment of such costs shall be made in the manner and within the times set forth in the Declaration. Nothing in this paragraph or the other para- graphs of this First Supplement shall be construed so as to affect or impair the rights of the City of Brooklyn Center as set forth in the "Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road" under the provision therein entitled "Rights of the City," paragraph 1. Right of Repair and paragraph 2. Conveyance of Easements 5. Ratification Except as otherwise set forth herein, the terms, covenants and conditions of the Declaration are hereby ratified and affirmed. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. ARDEN HILLS PROPERTIES, A MINNESOTA GENERAL PARTNERSHIP By Arden Enterprises, Inc., A Minnesota corporation, its general partner -3- UHDE /NELSON ,- BY CITY OF BROOKLYN CENTER BY Its By Its STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this 18th day of March, 1987, before me, notary public, within and for said county, personally appeared to me person ly known, who, being by me duly sworn, dicT say that he is the of Arden Arden Enterprises, Inc., the corporation named in the foregoing instrument. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this 18th day of March, 1987, before me, notary public, within and for said county, personally appeared to me personally known, who being by me duly sworn, did say that he is the o,,�;a/o,,, of Uhde /Nelson, Inc., the corpora- tion named in the foregoing instrument. Notary Public C. M STIMSON —4— = :NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY Commission Expires Feb. 2, 1993 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of 1987, before me a Notary Public within and for said County, personally appeared and to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corpo- rate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public This Agreement was drafted by: RIDER, BENNETT, EGAN & ARUNDEL 2500 First Bank Place West Minneapolis, Minnesota 55402 (612) 340 -7906 -5- Exhibit A Parcel I Lot 1, Block 1, 7100 Corporation Plaza 2nd Addition, Hennepin County, Minnesota. Exhibit B Parcel II Lot 2, Block 1, 7100 Corporate Plaza 2nd Addition, Hennepin County, Minnesota. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO APPLY FOR A GRANT WHEREAS, in 1986 a grant was awarded to the City of Brooklyn Center by the Metropolitan Council Regional Arts Council for the 1987 Entertainment in the Parks program; and WHEREAS, it is desirous that the City apply for this grant for the 1988 Entertainment in the Parks program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to make application for said grant. 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. 10K� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF CONVEYANCE WHEREAS, Ryan Properties, Inc. (Ryan) is the owner of the tract and parcel of land lying within the corporate limits of the City of Brooklyn Center and legally described as follows to wit. Outlot A, Brookdale Corporate Center, according to the plat on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, hereinafter "the Property "; and WHEREAS, Ryan has by quit claim deed dated April 24 1987 tendered the Property to the City; and WHEREAS, the City believes that it would be reasonable and appropriate, and in the public interest to accept tender of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. Conveyance of the Property to the City is hereby accepted; 2. The City Manager is directed to take all actions reasonably necessary to record the deed of conveyance in the Office of the Registrar of Titles in and for Hennepin County; 3. The City Assessor is directed to undertake an abatement of the real property taxes due and payable in 1987 with respect to the Property; and to obtain property tax exempt status for the Property for 1987 and future years. 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. M & C No. 87 -08 is April 29, 1987 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Request for Establishment of a Temporary Administrative Aid Position The attached resolution authorizes the establishment of an administrative aid position in the Engineering Department for the remainder of 1987. I am requesting this temporary position to allow the Engineering Department to test out the value of such a position during their reorganization and phasing in of the ULTIMAP technology. This aid position is similar to positions we are currently using in the Police Department and in the City Manager's Office. We would like to test out this position in Engineering for the remainder of the year so that we have an idea of how it might work. This will not require any additional funding. We hope to use this position as a test in the Engineering Department and the results of our evaluation will be presented as a part of my proposed 1988 budget. Aaa ul submitted, & D Splinter ager RESOLUTION TO AUTHORIZE A TEMPORARY POSITION OF 16L ADMINISTRATIVE AID IN THE ENGINEERING DIVISION 1 ----------------------------------------------- WHEREAS, the changing responsibilities of the Engineering Division require greater emphasis on administrative duties and it appears that the most cost - effective way to optimize the performance of the Engineering Division may be to appoint an Administrative Aid in lieu of the fourth Engineering Technician III position which is currently authorized in the Employee Position and Classification Plan and funded in the 1987 General Fund Budget, but which position is now vacant; and WHEREAS the City Manager has recommended that the position of Administrative Aid be established on a temporary basis to allow evaluation of the effectiveness of such reorganization; and WHEREAS, the temporary Administrative Aid position can be funded within the constraints of the 1987 Engineering Division Budget as currently appropriated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1987 Employee Position and Classification Plan, Schedule A, be amended to authorize the temporary addition of an Administrative Aid position to the Engineering Division authorized personnel complement, said position authorization to become effective immediately and to expire on December 31, 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 M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Mary Fandrey, Public Health Sanitarian RE: Private Kennel License for James J. Zimmer 5729 Bryant Avenue North, Brooklyn Center, Minnesota DATE: April 15 1987 i Attempts to inspect the James Zimmer residence at 5729 Bryant Avenue North, Brooklyn Center, Minnesota, were made on April 7,1987 and April 10, 1987. The fenced backyard area appeared to be well maintained and free of fecal material. Two animals were in an enclosed dog -run area with dirt floor, partially covered with straw. They had plenty of fresh water and both animals appeared healthy and active. A third animal is kept in the house while the owner is not at home. On April 14, 1987, I met with Mr. Zimmer and again the yard was well maintained. Food for the animals is properly stored inside a lidded trash can in the basement. The police have received no complaints regarding the kennel in the past year and all three animals are currently licensed. Based on the above information, I would recommend conditional approval of the kennel license. I would recommend Mr. Zimmer install a concrete pad for the enclosed dog -run area to facilitate easier cleaning and maintenance of sanitary conditions in accordance with Brooklyn Center Code Chapter 1 Section 1 -107. MEF:jt /U CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN 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 30, 1987 RE: Proposed Public Utility Rates for 1988 -1990 In accordance with previous discussions with the City Council a Public Hearing will be held on Monday, May 4, 1987 regarding the proposed Public Utility Rate Schedules for 1988 -1990. Attached hereto is a copy of the Public Hearing Notice which was published in the Brooklyn Center Post on April 23rd and 30th. Also attached is a copy of the revised Appendix G on which we have included the Public Utilities Residential Rates for Robbinsdale and for Minneapolis. You will remember that a resident appeared at one of the earlier discussions on this subject and stated that the Utility Rates for those 2 cities were lower than the proposed rates for Brooklyn Center. After checking with those cities it is apparent that their rates are substantially higher than the proposed Brooklyn Center rates. Staff will be prepared to present a brief review of the Rate Study and to answer questions posed by the City Council and /or the persons who appear at the Public Hearing. A resolution adopting the proposed schedule for 1988 -1990 is submitted for consideration by the City Council. Respectfully submitted, Sy Knp" p Director of Public Works SK: jn CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER RATES Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, May 4, 1987, at 7:30 P.M., local time, to hear and pass upon all objections, if any, to the proposed increase to the Public Utility Rate Schedule. The following Public Utility Rate Schedule is proposed with the first increase effective for all billings issued after January 1, 1988. Rate increases proposed for 1989 and 1990 will also be effective for all billings issued after January 1 of each year. The rates shown for 1991 and 1992 are estimated rates based on current projections of use, cost and revenues. It is proposed that the City conduct a rate study in 1990 at which time the adequacy of the recommended rates for 1991 and 1992 will be reviewed and adjusted as necessary. The 1991 and 1992 rates will be established by resolution by the City Council of the City of Brooklyn Center, Minnesota following review of that rate study. SANITARY SEWER RATES, FEES AND CHARGES 1. RATES QUARTERLY RESIDENTIAL RATES SINGLE SENIOR YEAR FAMILY APARTMENT CITIZEN Present $21.25 $14.90 $10.50 1988 $23.20 $16.26 $11.81 1989 $25.15 $17.62 $13.12 1990 $27.10 $18.98 $14.43 *1991 (Estimated) $29.05 $20.34 $15.74 *1992 (Estimated) $31.00 $21.70 $17.05 NON- RESIDENTIAL RATES PER 1,000 FIXTURE YEAR GALLONS UNITS Present $0.95 $1.30 1988 $1.01 $1.45 1989 $1.07 $1.57 1990 $1.13 $1.69 *1991 (Estimated) $1.19 $1.82 *1992 (Estimated) $1.24 $1.94 * Rates for 1991 and 1992 will be reviewed in 1990 and established by City Council Resolution. 2. FEES FEE /CHARGE PRESENT FEE /CHARGE PROPOSED FEE CHARGE SAC Charge Set by MWCC Set by MWCC 3. CHARGES Delinquent Account Quarterly $1.00 $3.00 or 10% Certification to Taxes Per Account $10.00 $25.00 Line Cleaning Charge Labor, Materials Labor, Materials Equipment and Equipment and Overhead Overhead Sanitary Sewer Hookup Established Established Annually by Annually by Resolution Resolution WATER RATES, FEES AND CHARGES 1. RATES BASE RATE AMOUNT PER YEAR 1,000 GALLONS Present $0.35 1988 $0.39 1989 $0.43 1990 0.47 *1991 (Estimated) $0.51 *1992 (Estimated) $0.55 * Rates for 1991 and 1992 will be reviewed in 1990 and established by City Council Resolution. QUARTERLY MINIMUM RATE PRESENT (Estimated) METER SIZE MINIMUM 1988 1989 1990 *1991 *1992 5/8" X 3/4" $4 $5 $5 $6 $6 $7 3/4" $6 $7 $8 $9 $10 $11 1" $8 $9 $10 $12 $13 $14 1 1/2" $10 $12 $13 $15 $16 $18 2" $20 $23 $26 $29 $32 $35 3" $40 $46 $52 $58 $64 $70 4" $68 $78 $88 $99 $109 $119 6" $156 $179 $203 $226 $250 $273 8" $294 $338 $382 $426 $470 $515 10" $392 $451 $510 $568 $627 $686 FEE CHARGE PRESENT FEE /CHARGE PROPOSED FEE /CHARGE 2. FEES Water Meters 5/8" x 3/4" $40.00 $40.00 3/4" or Larger Cost Plus $2.00 Cost Plus $2.00 Fire Protection Inspection $50.00 $50.00 Private Fire Hydrant Maintenance Labor, Materials Labor, Materials Equipment and Equipment and Overhead Overhead 3. CHARGES Delinquent Account Quarterly $1.00 $3.00 or 10% (Whichever is Greater) Certification to Taxes Per Account $10.00 $25.00 Restoration of Service Monday to Friday Except Holidays Between the Hours of 7:30 A.M. and 3:00 P.M. $10.00 $25.00 Restoration of Service Anytime Saturday, Sunday and Holidays and Between the Hours of 3:00 P.M. and 7:30 A.M. on Monday Through Friday Except Holidays $10.00 $75.00 Delinquent Meter Reading Per Account $0.50 $1.00 Curb Stop /Stand Pipe Repair No Charge $40.00 Hydrant Meters 5/8" x 3/4" Deposit $50.00 $100.00 Daily Rental $0.50 $1.00 Minimum Rental $15.00 $20.00 2 1/2 Deposit $300.00 $600.00 Daily Rental $3.00 $6.00 Minimum Rental $15.00 $30.00 Sanitary Sewer Hookup Established Established Annually by Annually by Resolution Resolution 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. D.K. WEEKS, CITY CLERK CITY OF BROOKLYN CENTER BY ORDER OF THE CITY COUNCIL APRIL 6, 1987 (Published in The Brooklyn Center Post on April 23rd and 30th, 1987.) PUBLIC UTILITIES RESIDENTIAL RATE COMPARISON TABLE * 1985 RATES SURVEYED BY THE CITY OF ROSEVILLE I WATER RATES I SEWER RATES ANNUAL ' I I UTILITY I UNIT SERVICE I UNIT SERVICE I CHARGES CITY I RATE UNIT CHARGE PERIOD RATE UNIT CHARGE PERIOD I I � I(1 SAC UNIT)( IBLAINE $0.32 1000 GAL ( ! I $18.25 QUARTER I $105.00 I (BROOKLYN CENTER (PRESENT)( $0.35 1000 GAL I $21.25 QUARTER I $120.00 I (APPLE VALLEY I $0.39 1000 GAL I $0.86 1000 GAL I $125.00 I IST PAUL PARK I $0.55 1000 GAL I $0.75 1000 GAL $130.00 I IMINNETONKA I $0.70 1000 GAL ( $0.95 1000 GAL $165.00 I (COTTAGE GROVE I $0.70 1000 GAL I $24.00 QUARTER ( $166.00 I (CRYSTAL I $0.68 100 C.F. I $21.00 QUARTER I $174.67 I (GOLDEN VALLEY I $0.98 1000 GAL I $20.00 QUARTER I $178.00 I (HASTINGS I $0.51 1000 GAL $3.80 QUARTER I $1.09 1000 GAL $1.50 QUARTER I $181.20 I IST CLOUD I $0.70 100 C.F. $6.00 QUARTER IWOODBURY I $0.56 100 C.F. I $192.00 I I $0.48 1000 GAL I $26.00 QUARTER I $192.00 I (BROOKLYN PARK I $0.65 1000 GAL I $32.00 QUARTER ( $193.00 I INEW HOPE I $0.80 1000 GAL IDELANO I $1.14 1000 GAL I $194.00 I I $0.75 1000 GAL I $1.25 1000 GAL I $200.00 IMINNETONKA BEACH I $0.90 1000 GAL I $1.10 1000 GAL I $200.00 (PLYMOUTH I $0.60 1000 GAL $1.50 MONTH I $1.33 1000 GAL $1.80 MONTH I $200.93 I I *ROBBINSDALE I $0.80 100 C.F. I $23.60 QUARTER I $201.07 I IOAKDALE I $0.60 1000 GAL I $1.45 1000 GAL I $205.00 ( IST LOUIS PARK I $0.43 100 C.F. $3.45 QUARTER I $0.84 100 C.F. $6.05 QUARTER I $207.33 I IST ANTHONY I $0.45 100 C.F. I $1.11 100 C.F. I $208.00 ILAKEVILLE I I $0.70 1000 GAL I $1.47 1000 GAL I $217.00 I (STILLWATER 1 $0.75 1000 GAL I $36.00 QUARTER i $219.00 I (COLUMBIA HEIGHTS I $0.85 100 C.F. I $0.85 100 C.F. I $226.67 I IANOKA I $0.31 100 C.F. $3.25 MONTH (EDEN PRAIRE I $0.83 100 C.F. $3.25 MONTH I $230.00 I I $0.95 1000 GAL I $1.35 1000 GAL I $230.00 I (MOUND I $0.80 1000 GAL I $1.52 1000 GAL I $232.00 IHOPKINS I I $0.85 1000 GAL I $1.50 1000 GAL I $235.00 (BLOOMINGTON 1 $0.96 1000 GAL $3.25 BI- MONTHLY I $1.02 1000 GAL $5.60 BI- MONTHLY I $251.10 I* *MINNEAPOLIS I $0.85 100 C.F. I $1.20 100 C.F. I $273.33 I (LITTLE CANADA I $1.35 1000 GAL $8.00 QUARTER I $28.00 QUARTER ( $279.00 I (LONG LAKE 1 $2.00 1000 GAL IORONO I $1.25 1000 GAL I $325.00 I $1.03 1000 GAL $13.25 QUARTER ( $42.90 QUARTER I $327.60 I (SPRING PARK I $1.00 1000 GAL I I i $2.35 1000 GAL I $335.00 I I I I ( I I I (AVERAGES I $0.80 1000 GAL I I $3.41 QUARTER i $31.68 QUARTER $0.00 QUARTER ( $209.66 I I I IPRPOSED RATES I I I I I I I I I (BROOKLYN CENTER (1988) 1 $0.39 1000 GAL I $23.20 QUARTER I $131.80 I IBROOKLYN CENTER (1989) I $0.43 1000 GAL I $25.15 QUARTER I $143.60 I IBROOKLYN CENTER (1990) I $0.47 1000 GAL I $27.10 QUARTER I $155.40 I IBROOKLYN CENTER (1991) I $0.51 1000 GAL I $29.05 QUARTER I $167.20 I IBROOKLYN CENTER (1992) I $0.55 1000 GAL i $31.00 QUARTER I $179.00 I i I I I I * ROBBINSDALE WATER RATE IS NOW $0.95 PER 100 CUBIC FEET ** MINNEAPOLIS RATE DISPLAYED IS THE 1987 RATE APPENDIX G REVISED 4/28/87 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PUBLIC UTILITY RATE SCHEDULES FOR THE USE AND CONNECTION TO THE SANITARY SEWER AND WATER SYSTEMS OF THE CITY OF BROOKLYN CENTER WHEREAS, a municipal Public Utilities Department exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Department be a self - sustaining entity through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, City of Brooklyn Center Ordinances states, "The City Council shall adopt by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule;" and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following Public Utility Rate Schedule be adopted with the first increase effective for all billings issued after January 1, 1988 and successive increases effective for all billings issued after January 1, 1989 and after January 1, 1990. BE IT FURTHER RESOLVED that, whereas the rates shown herein for 1991 and 1992 are estimated rates based on current projections of utility use, cost and revenues, the City Staff is directed to complete a rate study in 1990 at which time the adequacy of the recommended rates for 1991 and 1992 as well as for future ears will be reviewed and adjusted s y sted a necessary nd shall t hen be ,7 y established by resolution by the City Council. SANITARY SEWER RATES FEES AND CHARGES 1. RATES QUARTERLY RESIDENTIAL RATES SINGLE SENIOR YEAR FAMILY APARTMENT CITIZEN Present $21.25 $14.90 $10.50 1988 $23.20 $16.26 $11.81 1989 $25.15 $17.62 $13.12 1990 $27.10 $18.98 $14.43 *1991 (Estimated) $29.05 $20.34 $15.74 *1992 (Estimated) $31.00 $21.70 $17.05 i RESOLUTION NO. NON- RESIDENTIAL RATES PER 1,000 FIXTURE YEAR GALLONS UNITS Present $0.95 $1.30 1988 1.01 $ $1.45 1989 $1.07 $1.57 1990 $1.13 $1.69 1991 (Estimated) $1.19 $1.82 *1992 (Estimated) $1.24 $1.94 Rates for 1991 and 1992 will be reviewed in 1990 and established by City Council Resolution. FEE /CHARGE PRESENT FEE CHARGE PROPOSED FEE /CHARGE 2. FEES SAC Charge Set by MWCC Set by MWCC 3. CHARGES Delinquent Account Quarterly $1.00 $3.00 or 10% Certification to Taxes Per Account $10.00 $25.00 Line Cleaning Charge Labor, Materials Labor, Materials Equipment and Equipment and Overhead Overhead Sanitary Sewer Hookup Established Established Annually by Annually by Resolution Resolution RESOLUTION NO. WATER RATES, FEES AND CHARGES 1. RATES BASE RATE AMOUNT PER YEAR 1,000 GALLONS Present $0.35 1988 $0.39 1989 $0.43 1990 $0,47 *1991 (Estimated) $0.51 *1992 (Estimated) $0.55 Rates for 1991 and 1992 will be reviewed in 1990 and established by City Council Resolution. QUARTERLY MINIMUM RATE PRESENT (Estimated) METER SIZE MINIMUM 1988 1989 1990 *1991 *1992 5/8" X 3/4" $4 5 5 6 6 7 3/4" $6 $7 $8 $9 $10 $11 1 " $8 $9 $10 $12 $13 $14 1 1/2" $10 $12 $13 $15 $16 $18 2 $20 $23 $26 $29 $32 $35 3" $40 $46 $52 $58 $64 $70 4" $68 $78 $88 $99 $109 $119 6" $156 $179 $203 $226 $250 $273 8" $294 $338 $382 $426 $470 $515 10" $392 $451 $510 $568 $627 $686 FEE CHARGE PRESENT FEE /CHARGE PROPOSED FEE /CHARGE 2. FEES Water Meters 5/8" x 3/4" $40.00 $40.00 3/4" or Larger Cost Plus $2.00 Cost Plus $2.00 Fire Protection Inspection $50.00 $50.00 Private Fire Hydrant Maintenance Labor, Materials Labor, Materials Equipment and Equipment and Overhead Overhead RESOLUTION NO. 3. CHARGES Delinquent Account Quarterly $1.00 $3.00 or 10% (Whichever is Greater) Certification to Taxes Per Account $10.00 $25.00 Restoration of Service Monday to Friday Except Holidays Between the Hours of 7:30 A.M. and 3:00 P.M. $10.00 $25.00 Restoration of Service Anytime Saturday, Sunday and Holidays and Between the Hours of 3 :00 P.M. and 7:30 A.M. on Monday Through Friday Except Holidays $10.00 $75.00 Delinquent Meter Reading Per Account $0.50 $1.00 Curb Stop /Stand Pipe Repair No Charge $40.00 Hydrant Meters 5/8" x 3/4" Deposit $50.00 $100.00 Daily Rental $0.50 $1.00 Minimum Rental $15.00 $20.00 2 1/2" Deposit $300.00 $600.00 Daily Rental $3.00 $6.00 Minimum Rental $15.00 $30.00 Sanitary Sewer Hookup Established Established Annually by Annually by Resolution Resolution RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Na-,,. M & C No. 87 -09 April 30, 1987 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Location of the Maintenance /Storage Building Centerbrook Golf Course To the Honorable Mayor and City Council: For approximately the last 30 days I have been in communication with Mr. and Mrs. Lundberg, who live on the corner of Vincent and 52nd Avenue North. They have been and are objecting to the location of the maintenance /storage building directly across the street from their home. They claim that in the initial presentations the golf course maintenance facilities were to be in water tower #3 on the golf course site. This is an accurate statement, but we found, after we got into the details of the project, that the base of a water tower is not an appropriate place for the maintenance facilities because of potential water supply contamination. • The Lundbergs believe the appropriate site for the maintenance /storage building is close to the water tower. Attached are maps showing the currently proposed location ( #1), and two alternate locations ( #2 & # 3) in the area of 52nd and Vincent. The Lundbergs' objections to the building lie in two basic areas. One, they are concerned about noise and two, they are concerned about the view out their front window. The Lundbergs have been insistent on the fact they do not favor any of the proposed alternates shown on this map. They have requested the building be placed next to the water tower. Staff has reviewed alternate locations for the building. The only two alternates we are prepared to recommend for consideration are the two close to 52nd and Vincent (alternates #2 and #3). We believe a location in the vicinity of the water tower would be infeasible. We must keep some distance away from the water tower to provide a "maintenance" area and if we do, the building would be too close to #7 green or the #8 fairway. The Lundbergs have not been satisfied with our attempts to adjust the location in proximity to their home. Because we have not been able to satisfy their concerns, they requested to appear before the City Council to present their situation. Staff recommends the #2 alternate as a more acceptable alternative, though not meeting the desires of the Lundbergs. M & C NO. 87 -09 -2- April 30, 1987 Staff believes the #2 location with evergreens planted along the south and west sides of the building will effectively screen it from view. The #2 alternate does represent a movement of the building to the east, more out of the view of the LundbergsI front yard. Alternate #3 is an acceptable location from an operational standpoint, but because it is over poor soil, it represents an additional cost of $2,500 to $3,000 and this location may well require a variance from zoning ordinance setbacks. Res iGERP submitted, Gera ter CITY r • f p L AWN ♦ ♦+� ®� ♦♦P —_ a ����♦ ♦♦ ���� ��!� ♦��i�� ♦�♦� ♦fie 1t. �► 1�,�•�'=�'�;�� ►lam ♦ ♦♦ �♦ � �® � ♦, ♦ ♦'��® v MA L w , � j g, M --Graft IA 11111111111110 11 ♦♦ • M IM P W Ly MIN N UMM MA I MA A Mw Ed LV � -.•mom' ��► ♦ ► a ♦♦ ♦� ♦ ♦ ®♦♦ ®♦ ♦���►- ♦ ♦ ®� �♦�1 ® ♦ MAN ♦ ♦ ♦♦ ♦♦ ♦� ♦• LV La ♦�® ♦ ♦. �♦ ♦® • MAN �����_ ? 'tea. •♦ A IR & �►� ♦, Nb CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 29, 1987 RE: Palmer Lake Trail Improvements Attached hereto is a map which shows pedestrian and bicycle trailways in the East Palmer Lake area. You will that there is no connection between the existing trailways on 69th Avenue and the trailway system in the vicinity of East Palmer Lake Park. That connection was considered several years ago but was deleted from consideration at that time because of objections from property owners along Oliver Avenue North, with the understanding that construction of the segment might again be considered at some future date. Since that time the number of people using the trailway systems in the Palmer Lake are has increased substantially, numerous requests have been received from residents for construction of this segment of the trailway system, the Park and Recreation Board has recommended that it be considered for construction in 1987, and the City of Brooklyn Park has initiated and nearly complete4construction of its trailway system at the north end of Palmer Lake Park. Accordingly, we have attached, for consideration by the City Council, another map showing proposed construction. On this map we have shown the improvement of several segments of the trailway system as follows: Segment 1 includes the reconstruction of the existing trail in the area just north of the 69th Avenue trail crossing. At the crossing the grade would be raised to improve the crossing approach. The access to the City's snow storage site would also have to be rebuilt in order to make the grades for that facility be compatible with the trail crossing grade. In addition, Segment 1 includes the construction of a new bikeway trail approximately parallel to the existing trail on the north side of 69th Avenue (Segment 1A) so as to allow the pedestrian traffic and bicycle traffic to be separated in this area. y P Alternatively, the map also shows the possible bituminous paving of the existing woodchip trail which lies approximately halfway between 69th Avenue and Palmer Lake (Segment 1B). "7lce Sa «ce�tlsiaq nl oze �� „ April 29, 1987 Page 2 Segment 2 proposes the construction of the "missing link" of the trailway system between the 69th Avenue trailway and East Palmer Lake Park, with a connection to Oliver Avenue North at the south edge of East Palmer Lake Park. Segment 3 shows the construction of a trailway system across East Palmer Lake Park to connect to the existing trailway system north of East Palmer Lake Park. Segment 3A would be a new trailway constructed near and approximately parallel to the sidewalk which exists along the west side of Oliver Avenue North. Alternatively, Segment 3B shows the possible bituminous paving of the existing woodchip trail which follows along the westerly side of East Palmer Lake Park. Construction Procedures and Cost Estimates Nearly all of the proposed construction would occur in the areas of questionable subgrade material. Accordingly, it is proposed to utilize geotextile fabrics 12 feet wide to support the proposed trailways. The construction procedure would be to place the geotextile fabric directly over the existing vegetation which has been flattened and left in place, placing approximately 12 inches of granular subgrade materials, 4 inches of a Class 5 granular aggregate, and a bituminous surface which is 2 inches thick and 10 feet wide. In areas where the subgrade is acceptable the geotextile fabric will be deleted from the construction. Following are cost estimates for each of the individual segments which we have suggested for your consideration: Segment 1 69th Avenue North entrance modifications Construction Cost $ 7,170.00 Engineering, Overhead & Contingencies (25 %) 1.790.00 $ 9,960.00 Segment IA Trail parallel with 69th Avenue North Construction Cost $10,000.00 Engineering, Overhead & Contingencies (25 %) 2,500.00 $12,500.00 April 29, 1987 Page 3 Segment 1B Bituminous surface of existing woodchip trail Construction Cost $14,200.00 Engineering, Overhead & Contingencies (25 %) 4,700.00 $18,900.00 Segment 2 Connection from south side of East Palmer Lake Park to trail Segment lA or Segment 1B Construction Cost $16,000.00 Engineering, Overhead & Contingencies (25 %) 5,300.00 $21,300.00 Segment 3A Connection along Oliver Avenue North from south end of park to existing bituminous trail at 71st Avenue North Construction Cost $ 6,000.00 Engineering, Overhead & Contingencies (25 %) 2,000.00 $ 8,000.00 Segment 3B Bituminous surface of existing woodchip g P trail along westerly perimeter of ball fields Construction Cost $11,250.00 Engineering, Overhead & Contingencies (25 %) 3.750.00 $15,000,00 The staff recommended alignment consists of Segments 1, 1A, 2 and 3A. It is recommended to leave Segments 1B and 3B as woodchip nature trails. Estimated total costs are as follows: Segment 1 $ 9,960.00 Segment lA 12,500.00 Segment 2 21,300.00 Segment 3A 8,000.00 $51,760.00 April 29, 1987 Page 4 Alternate alignment Segment 1 $ 9,960.00 Segment lA 12,500.00 Segment 2 21,300.00 Segment 3B 15.000.00 $58,760.00 Alternate alignment Segment 1 $ 9,960.00 Segment 1B 18,900.00 Segment 2 21,300.00 Segment 3A 8.000.00 $58,160.00 Additional Considerations If the City Council wishes to consider proceeding with the proposed improvements, it is recommended that a hearing on the matter be scheduled for May 18th, and that staff be instructed to send individual notices to each of the residents who live adjacent to Segment No. 2 notifying them of the hearing. The accounting for this project should be completed in the Capital Projects Fund D' « Division 53 Palmer Lake Basin". This div's' i ion P resentl Y has a balance of $22,815.00. (This balance includes $5,908.63 of unexpended LCMR funds which are available for construction of improvements in Palmer Lake Park if those improvements are completed during 1987.) In addition, the City's LAWCON Grant for Palmer Lake Park has an unencumbered balance of $5,399.04 which also is available for improvements in Palmer Lake Park if those improvements are completed during 1987. If the project is approved for construction, the additional funding, as needed, should be appropriated from the City's Capital Project Fund Balance. Because of the proposed trailway system improvements lie within the Palmer Lake Flood Plain area, a permit for construction of those segments must be obtained from the Shingle Creek Watershed Management Commission. If directed to do so by the City Council, City staff will prepare and submit that application to the Watershed Commission. Res fully submitted, Sy p Di rector of Public Works SK: jn BROOKLYN PARK BITUMINOUS TRAILLWAY F ' T J�f u�Y t "kt n �, X" � •, i �xl. �. �w� 4Y r' `��+` �'• � t5' ♦�G J L '1.; t :�G¢`�ri �i4 r .t'E �x #y,�r �•. 'S s•o . �^ � � � i ��� 'Y �� t 3l ig y .� 1 ' 4 • .r .r � t lir K rr r EXISTING BITUMINOUS TRAIL I. r r ° u t � V r ,� 9' o- . 4 Lk �. •.`� rr'f`rrs, � ,��l.p�� f�rt��7., 9 r k' ` ,y 4. 1 §� EXISTING WOODCHIP TRAIL i Nf EXISTING 3 5' CONCRETE SIDEWA!_K Al, I N , r O f EXISTING WOODCHIP TRAIL F OP r EXISTIN EX a EXISTING BI r . TRAIL ��9 CONDITION EAST PALMER LAKE * , . �`s'� -•T .,,.,;n, -r, * • e 5:/ tie 7 y 5ras ,v 9 k •• '"' in1� , N� 'fP �,,gq F OC l .�". # �rag� P .p crn ICd.d 11:J' ,r,a. _..... -�• .r.� ""� �� ablvine l�3r 1Vl'r"'WW� "'; '. �. A �kJ ri, .1�!a.�t� ..q ago 5� �kMt rt� s i ' � l� •. �' K :k 5 •� e i i y 5 7 �, <..' i ✓ ti� a� t¢ � 44 f '��� : � °�: a + T g� 0 0 a v d a ,y�,, '{ : a&l •• ° t �� i fJ�t f ,x k. r " � \ �•:, •Y 1. • .� A r I LI 7 'F .t�4 y �S,�`�f• S *5 1+ 3•y R •.' �b 0 f`k . t zrJ" a a r "+�. '�'' t .e ?, ;4 .:� r � ' i � " r M1f �r� l .b S a �i � �s �k;F• � . A # �'` t, . ' • r t � � + S - d m; s r ;. 1 @@ 3 11 i {[ .. * � d."D7 ffr Si r' iZ' ;., a» _.�t : � Y � � ; � � � 'v,{,J F {��a�� �� 7 Tp � h1 a 4ja� ',C�` y; � �, t t• L �T t � j } ��i���A h ��" f � �, w. dir Y L if 4 'f' F, � S?' .s, 71 e d ✓ rE #+ � ^� y �� o ; yx,�� - +r '° ; a�4,� C ... 9�y �• , r ''i.� ��f a s �� 4�' t' � �`�ACr '�,kr3�t'#PF' t � , '�' ,,i �, 1f� 4. v o u }gyp P '1• 4� ITS .G .,71, .}. { gyp ° + r .'P' � K .T•d@�f^ h{ �� n 'i' �� a M• *554.1 ) )Ta Y N �, y 12 t „ .� ^i'� � ,.4' ",� , {c�a �:► -.� vg � •n �' .' &�� � �'Cta A A�. ��T � -'.� Is ' t '. � '11M . � +\ (r��� M �' .l �� � . _�... � L ��.,) �� . r t #' 1 r.'!1t R!f • wn.. �aY1.Mwj _' `A��j¢J''�' ,� JYA$•`;” f - '`a t �" ' Tj n..� - +.TrS, ." ' '.' ^�i'Rl `' Nbl Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -12, PALMER LAKE TRAIL EAST AND CALLING FOR A HEARING THEREON WHEREAS, it is the opinion of the City Council of the City of Brooklyn Center that consideration should be given to the completion of the pedestrian/ bicycle trailway system in the East Palmer Lake Park area: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The proposed project will be designated as Project No. 1987 -12, Palmer Lake Trail East 2. A Public Hearing regarding this project will be conducted by the City Council on May 18, 1987. City staff is hereby directed to send individual notices to residents who are adjacent to the proposed trailway segments. 3. The accounting for this project will be done in the Capital Projects Fund, Division 53. 4. The City staff is hereby authorized and directed to prepare and submit an application for approval of this proposed project to the Shingle Creek Watershed Management Commission. 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. /7d, CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN 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 30, 1987 RE: Satellite and Dumpster Screens for Installation in City Parks In accordance with staff discussions, requests from the Park and Recreation Board, and requests discussed at the City Council meetings, we submit this recommendation for the installation of 15 satellite enclosures, 2 new dumpster enclosures, and the relocation of 1 existing dumpster enclosure. It is proposed to construct these structures essentially the same as those which were constructed in 1984 with the following modifications: All satellite enclosures would be constructed 1 foot higher than those constructed in 1984. The purpose for this modification is to accommodate the placement of handicap satellites at all locations where the need arises. With the 1984 design the handicap satellites extend above the screens. With the proposed modifications the entire satellite would be screened. The design of the dumpster enclosures would be nearly identical to those installed in 1984. However, it is proposed to modify that design by increasing the sidewall height by 6 inches, again for the purpose of fully screening the dumpster. Also, the 2 new dumpster enclosures (1 at Central Park, the other near the clubhouse at the Centerbrook Golf Course) would be designed to allow the use of larger dumpsters because of the amount of garbage generated at these locations. The smaller existing dumpster enclosure, which is now in place at Central Park, is proposed to be relocated to the vicinity of the proposed maintenance garage at the golf course. Following is a listing of the sites at which the enclosures are proposed to be constructed and an estimate of the cost for these these improvements. A map showing the locations of the proposed enclosures is also attached: „ 74 .So•Kerlcucg mate (� April 30, 1987 Page 2 1. Riverdale Park Satellite Enclosure 3,500.00 2. Evergreen Park (Soccer Field) Satellite Enclosure 3,500.00 3. East Palmer Lake Park Satellite Enclosure 3,500.00 4. Willow Lane Park Satellite Enclosure 3,500.00 5. Freeway Park Satellite Enclosure 3,500.00 6. Orchard Lane Park Satellite Enclosure 3,500.00 7. Central Park - South Lot Dumpster Enclosure 7,500.00 8. Firehouse Park Satellite Enclosure 3,500.00 9. Grandview Park (North Field) Satellite Enclosure 3,500.00 10. Northport Park (North Lot) Satellite Enclosure 3,500.00 (South Bldgs) Satellite Enclosure 3,500.00 11. Happy Hollow Park Satellite Enclosure 3,500.00 12. Twin Lake Beach Satellite Enclosure 3,500.00 13. Brooklane Park Satellite Enclosure 3,500.00 14. Garden City Park Satellite Enclosure 3,500.00 15. Centerbrook Golf Course - Salvage and reinstall Central Park south lot dumpster enclosure to golf course garage 3,000.00 Dumpster Enclosure 7,500.00 Satellite Enclosure 3,500.00 ESTIMATED CONSTRUCTION COST TOTALS Satellite Enclosures $52,500.00 Dumpster Enclosures 18,000.00 Subtotal $70,500.00 Engineering, Overhead & Contingencies (25 %) $17,625.00 Estimated Total Cost $88,125.00 It is recommended that the costs for the proposed screens at the Centerbrook Golf Course (estimated total cost = $17,500) be charged to the golf course project. The unencumbered balance remaining from the original $1,700,000 for this project is more than adequate to pay for these improvements. It is recommended that all costs for installation of these screens in the other parks within the City be funded from the Capital Projects Fund, Division 82. A resolution is submitted for consideration by the City Council. Respectfully submitted, Sy Knapp Director of Public Works ------- I- C71 •�'= Coo x,n..xo.x� � — O � •$� �� ��' � °o�d ����C _ � ED F FIF En A L I LI -�L-- JL -VA L3 Y and wxo. �. — -- " - 'l a � +� � � � /: 8 .; \� G ! � � � — v.m� f v Ind ,�PFI! - � � � e G �J l_ -1 C--^ � �� �� y �r � , x,nrx,x�x, � - -- �; �. �y � , = °C 9� � � �� �. I " � q , � Ej ` � x lnr ilx.xx — � \.O� � G � ! q F ] x , D r ln.r. [ o 0�.. � .ln. � i� �F ,.^f `5 I �L__J __ — -J �� :.e�aal �.-�;�, � 6 • i� �t I1-� M ���C� l•a rxt a — ' - v./ z w NV, :FSA F I I ploi � �i •_•,�j1�':.3� °��� � ��/ 1 �9��ai�l�l���i�3; ������i.. �Etis�ss��f����5y�ti��i�� l�i�l.etil�d�ht�Rlsa���l €, €<< Sel Member introduced the following resolution and moved . its adoption: RESOLUTION N0. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -13, SATELLITE AND DUMPSTER ENCLOSURE SCREENS WITHIN THE MUNICIPAL PARK SYSTEM, AND APPROVING PLANS AND SPECIFICATIONS WHEREAS, it is the opinion of the City Council that satellite screens and dumpster screens need to be constructed within the municipal park system in accordance with a report submitted to the Council by the Director of Public Works; and WHEREAS, the Director of Public Works has estimated the cost of said improvement to be $88,125: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: SATELLITE / DUMPSTER ENCLOSURE IMPROVEMENT PROJECT NO. 1987 -13 2. All costs for installing such enclosures at the Centerbrook Golf Course (estimated total cost = $17,500) shall be charged to the Capital Projects Fund, Division 48. 3. All costs for installing such enclosures within the municipal park system shall be funded in the Capital Projects Fund, Division 82. The amount appropriated for this portion of the project is estimated at $70,625. 4. The plans and specifications for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 5. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. RESOLUTION NO. • Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF :BFROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER EMERGENCY - POLICE - FIRE 911 I TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 30, 1987 RE: Additional Trail Lighting Along Northerly Part of Trailway in Central Park During the original construction of Central Park the City had planned to install lights along all trailways within Central Park. Because of objections from the residents living along Brooklyn Drive north of 63rd Avenue, no lights were installed along the north -south trailway which parallels Brooklyn Drive along the westerly border of Central Park. Within the past 2 years a number of requests have been submitted to your office and to our office from residents requesting that lights now be installed. Recently, the Recreation Director contacted all property owners in this area and requested their opinion as to whether lights should now be installed. It is my understanding that most of the residents responded positively and that none of the residents voiced any objections to the installation of such lights. Accordingly, it is now proposed that 5 lights be installed in this area (see attached sketch). It is estimated that the total cost for this installation will be $8,700. It is proposed that funding for this improvement be appropriated from the Capital Projects Fund and that the accounting be done within the Central Park/ Garden City Trail Division 49 of the Capital Projects Fund. A resolution is attached for consideration by the City Council. Resp ctfully submitted, Sy napp Director of Public Works SK: jn /— �� `'� ;a• `� `. .. :: .0. :71.11 �': ° oW >` Y �. b. •,,,,. , `�� !a: ` Y � ; ��. � L'• i�, �;4 .�' ���y N 99 t ,�t t :y.:,+'�,F fst �. *. 0.:. �� •` a ,�' ,r>~"� "'� r. xf � -�µ -�T° «j .:C' � > r a '.,, ,�. ,.' ' /.,,..,�„ !. ;M, il - � �� F• a� �" tr !r`itV r. �# d ♦ Ba a € ! *'�'. y y „ � {t� »ref a � • �F F- :- i., , j t s M IT Awl ` �� • f :. >4� {., y G 1 �'4' r .��+ K� '��,//►1.. � { q j � . `,M yT >.�?,� ; F�y4,�J :Y � . ' �y L •,ti,,, �. � t f � �'�'���.�"S`.F '' � � `�► i� _ �l f "fir b te a. 3 s r + 'F 't• F, g* a ' ut r '�` r` •, AZ + i a g^ s ► �. ;C ,} r° �,a�" t- .-Y4�. W v �Y� . .. � i "" 'y k' � "�! �•,''�` i� F ! �ti �,� �L`� "�.,�'�d �Y�Y } �., f i M y �" ` • R '��?,Yk � x Y f .,; , Ills ' ��, kF �• � : q t$rr X',1 ri° ��, '# Q Y.l �' � ,r'���r Y o.��, -.y^ t; x!6 -s "1; -.. tn�''� _'M�q,., x ��.> o ol � -ate pm ��j,.'y.. ,.,•• k d ;?" y f .. g a e wy, a « w� `a ✓ � ,' u.�� ) a��y� a r t o r'+ -• ts• y � , e � a a .Y t ik "4 eq f.go ty 'li :yi...G �+ g — P at AA Alp Z'' ,( •�hl..'YVS >W °+` Tj' 4 a �„t y T t z �{ �' t �'F�� d tJ �,. T� r • 1 !i �, ': K"A�(.j s 4,_ � � ,, ,��+ `. � �^, ''{ '�•^+ry' �� ,�c` X. .§�° / fit,, .,�{��, t t��, 't ',!.�'^"tt � • "+Mr' �.• 'mt. 9, �i, -.` � � •. 7 fir' 77 s� y ,, � ° "':�;�' , +.a ♦ g•�• � � �+ � � ,xs s,€ . i �a t �, fa est t« .t�' r`$; Y, ,-� :.:{, % 'La a� " " h � r�> �t ��r .• � .,,t��e • s {. s LY'tf t�G£ � t .�4 '� Y > „` � Nry . � �`°� �J• s,;.b+* � ✓_ `1 � t"1: t ,: } t j t W , f t « �c r. v J . ,,., �. „' , .: ? , ' � ",,.5' ti ` .. t ` " "°' m a •"`, 4 't t ,w, -7 _ a 's ' ' i�6' 9 °, %�".' .r :' �^'�' �'• $'a' � •�.: � ' 1a ��t $ ' p e � «, . ". e ti rr � T �{ t �. : °�5 a., ra ;. r •"t y , � Z #�� a °a :� },.�.,c ,�' 'k um,. x . , f � . " °J i .�• n $''i -0sl'' 3ya� �' ,„.^4,` .i ati {/ " .r' .•� 4',e.nxa,,:, f �, 'a..` a.. w•1'„*+'°'':g '^^ k ",� t + �' 1 °• '.:�« � t ��';,` LV t "a "A ' z.� y f - ,.. �.',fi fx „^ "pct qy . yx t r° '4`���, �.� � � "�. •� .,.;a ,.. t �; '',:C ,,. `a*„T.r I ,e.'s,�� � :� Ma w�a � � � �,,..: ;� b '�:�' b «y � '�4. � Rr y w tot► �. r� ® N 6 i R • a d� Nd Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING INSTALLATION OF ADDITIONAL TRAIL LIGHTING ALONG NORTHERLY PART OF TRAILWAY IN CENTRAL PARK WHEREAS, it is the opinion of the City Council that additional lights need to be installed along the northerly part of the trailway system in Central Park, west of Shingle Creek; and WHEREAS, the Director of Public Works has estimated the cost of such improvement at $8,700; and WHEREAS, the following proposals have been received for the making of said improvement: Bidder Amount Killmer Electric Company, Inc. $ 8,440 Collins Electric Company $ 8,800 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The following improvement is hereby established: CENTRAL PARK LIGHTING IMPROVEMENT PROJECT NO. 1987 -14 2. The sum of $8,700 is hereby appropriated from the Capital Project Fund to provide funding for said project. 3. Accounting for said improvement will be done in the Central Park/ Garden City Trail Division 49 of the Capital Projects Fund. 4. The proposal submitted by Killmer Electric Company, Inc. in the total amount of $8,440 is hereby determined to be the lowest proposal received. The City Manager is hereby uthorized a nd y g Y directed to enter into contract agreement with Killmer Electric Company for the installation of said improvements in that amount. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being P taken g thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OR BROOKLYN CENTER Ne PARKS AND RECREATION 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 - w........•w Telephone 561 -5448 ... +.. w•p•.n.w MEMO TO - Jerry Splinter FROM - Arnie Mavis DATE April 15, 1987 SUBJECT: Central Park baseball field scoreboard The cost of installing a scoreboard for the baseball field in Central Park would be: I Beams $ 275.00 Plexiglas for scoreboard 250.00 Boom truck rental 150.00 Concrete tube forms 150.00 Concrete -3 yards 200.00 Steel for hinges 75.00 Collins Electric est. for.power 4 Scoreboard - NEVCO 1,150.00 Misc. 350.00 TOTAL $8,000.00 Plus our labor and equipment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING INSTALLATION OF A SCOREBOARD FOR CENTRAL PARK BASEBALL FIELD WHEREAS, it is the opinion of the City Council that it is necessary and property to install a scoreboard for the baseball field located in Central Park; and WHEREAS, the Director of Recreation has estimated the cost of such improvement at $8,000: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The following improvement is hereby established: CENTRAL PARK BASEBALL FIELD SCOREBOARD IMPROVEMENT PROJECT NO. 1987 -15 2. Accounting for said improvement will be done in the Central Park III Division 56 of the Capital Projects Fund. 3. The City Manager is hereby uthorized and directed to proceed with y P the execution of the contracts for the making of said improvement. 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. 1qF MEMORANDUM TO: Gerald G. Splinter, City Manager n FROM: Geralyn R. Barone, Personnel Coordinator DATE: April 30, 1987 SUBJECT: Park and Recreation Commission Report on Year 2000 Item #15 The Park and Recreation Commission has been involved in the process of discussing Year 2000 Item #15, which directs them to review the remaining park development projects and recommend an implementation program. At its April 21, 1987 meeting, the Commission made a recommendation to the City Council, which will appear as a discussion item on the agenda of the May 4, 1987 City Council meeting. The areas targeted in the Year 2000 Report include Kylawn Preserve, North Twin Lake Park, Riverridge Park, and the golf course. The future of Riverridge Park has already been included in discussions of the North Mississippi Regional Park, and will not be addressed here. The golf course is well underway in its development, and therefore, will not be covered either. Attached is a list of proposed uses for the areas around North Twin Lake, including the peninsula, island, beach and northern end, as well as for Kylawn Preserve. The Park and Recreation Commission is recommending that the City Council include, as a 1988 budget item, funding for retaining a professional consultant to conduct a feasibility study of these options listed for the undeveloped parkland areas noted above. Also attached are minutes from recent Park and Recreation Commission meetings on the discussion of their Year 2000 assignment. encs. April 1987 CITY OF BROOKLYN CENTER PARKLAND OPTIONS TWIN LAKE NORTH Peninsula Wood chip path to the end with a scenic overlook Leave wild Island Leave wild Designate as a wildlife area (no people allowed) Beach Fishing pier Orient toward a neighborhood park Leave as is Develop pedestrian facility connecting two beaches on each side of T.H. 100 North end Canoe rack Fishing pier Boat launch Canoe launch KYLAWN PRESERVE Wildlife area Develop similar to Palmer Lake - wood chip trails - bike path connection to Crystal - pond dredging - observation areas Councilmember Hawes stated that he did not receive his agenda packet for the meeting this evening, and the Recording Secretary said she would determine what the problem was. TRAILWAY SYSTEM - REVIEW OF UNDEVELOPED PORTION The Recording Secretary said that the Park and Recreation Commission could recommend blacktopping the remaining portion of the trailway on the east side of Palmer Lake. Councilmember Hawes asked that this item be discussed more completely at the next Commission meeting, discussing both pros and cons of the proposal. This item was deferred to the next meeting. FUTURE DISCUSSION ITEMS Chairman Sorenson said he would like to discuss parking problems related to the boat launches on Twin Lake North. Councilmember Hawes said the neighbors are angry about the lack of parking near the Twin Lake beach area, and this should also be discussed. Chairman Sorenson said there should be some happy medium between no parking and allowing parking everywhere. Chairman Sorenson also requested that a review of the general ordinances related to the parks directly be done and discussed at the December or January Commission meeting. Councilmember Hawes asked why the pages of revisions to the ordinance book are not dated, and the Recording Secretary said she would look into this. Chairman Sorenson said he would also like to discuss parks maintenance, and expressed concern because the park maintenance manual is not being used. - NORTH MISSISSIPPI REGIONAL PARK The Recording Secretary said that it was preferred that Chairman Sorenson represent the current Park and Recreation Commission on the ad hoc committee for the North Mississippi Regional Park because he is chairman of the present commission and has some background of the park plan development. Councilmember Hawes noted that the entire project is still in limbo, and the Commission discussed this proposed park area. VANDALISM IN PARKS Chairman Sorenson and the Commission discussed the vandalism problems in the parks. Chairman Sorenson suggested the possibility of adding park police or extra patrols in an effort to stop the vandalism. Commissioner Manson asked if it is known when the vandalism is occurring, and Councilmember Hawes stated that probably after dark, until midnight. Commissioner Manson stated that it is probably worse on the weekends. Chairman Sorenson said an effort ought to be coordinated with the residents to get them to pay more attention and get involved in solving this problem. The Recording Secretary suggested that a representative from the Crime Prevention Fund work with the Park and Recreation Commission in coordinating efforts targeting on -3- MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND i THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 18, 1986 CITY HALL CALL TO ORDER Chairman Sorenson called the meeting to order at 7:35 p.m. ROLL CALL Chairman Sorenson, Commissioners Peterson, Krefting, and Propst. Also present were Councilmember Bill Hawes, Director of Recreation Arnie Mavis and Recording Secretary Geralyn Barone. Commissioners Manson and Skeels were absent from this evening's meeting. INTRODUCTION OF NEW MEMBER Chairman Sorenson introduced Don Krefting to the Commission, and each member present at the meeting introduced themselves to Commissioner Krefting. APPROVAL OF MINUTES - OCTOBER 21 1986 -- There was a motion by Commissioner Peterson and seconded by Chairman Sorenson to approve the minutes of the October 21, 1986 Park and Recreation Commission meeting. The motion passed. APPROVAL OF MINUTES - SEPTEMBER 16 1986 There was a motion by Commissioner Propst and seconded by Chairman Sorenson to approve the minutes of the September 16, 1986 Park and Recreation Commission meeting. The motion passed. YEAR 2000 ASSIGNMENTS The Recording Secretary reviewed the assignment of the Park and Recreation Commission related to completion of the park development plan. The Commission reviewed and discussed the land involved in this assignment. Commissioner Peterson said at the north end of Twin Lake, the only recommendation he has is to add a parking lot and a public boat launch access. Commissioner Propst asked about adding a beach area at this location, and the Director of Recreation said there is not enough parking space for that purpose. Commissioner Propst suggested installation of a canoe storage rack and /or sailboat storage area, and the Commission agreed that the feasibility of this option should be investigated further. There was some concern expressed over the airplane that is parked on the lake which could disrupt canoes or sailboats. The Commission discussed the possibility of extending the deadline for reporting to the City Council so that the Commission may once again look at the land in question. 11 -18 -86 _1_ determine if the area should become park land. Commissioner Peterson asked if the City owns this property, and the City Manager said some of it is owned by the City. The City Manager reviewed the plan for the Regional Park and said more information would be available at the next Commission meeting. GOLF COURSE UPDATE The City Manager said the buildings are going up well and the Little League property will be completed first. The Director of Recreation said the City is in the process of hiring a Manager, and of approximately 70 applicants, the City has selected five for interviews. Commissioner Propst asked if everything will be completed this year, and the Director of Public Works responded affirmatively, noting that the course will be open to the public in 1988. Councilmember Hawes asked if the storm sewer is completed, and the Director of Public Works responded affirmatively. There was general discussion related to the construction of the golf course. The City Manager pointed out that the City would like to hire the Golf Course Manager soon so that the Manager is working during the construction of the course. Councilmember Hawes asked where the equipment for the maintenance of the course will be stored, and the City Manager responded that a new three -stall garage will be used, in additioin to space at the City Garage. Councilmember Hawes asked if there will be any electric carts, and the Director of Recreation said there will be two. GENERAL D ISCUSSION The Director of Recreation said he checked with the City of Minneapolis regarding fishing piers for Twin Lake North, and was unable to get prices from them since their piers were built so long ago. However, he added that the City of Minneapolis seems to be happy with the piers. In addition, the canoe rack spaces are rented. The Recording Secretary noted that the Department of Natural Resources prohibits the landing of sea planes on lakes in the area only during the migration seasons. More information should be available at the next meeting. The City Manager suggested the Park and Recreation Commission review the use of the ski jump on North Twin Lake used by the Minnesota Water Ski Association. There was some discussion over the use of boat launches on the lake and who has jurisdiction over it. NEXT MEETING The next meeting of the Brooklyn Center Park and Recreation Commission is scheduled for February 17, 1987. Commissioner Propst requested changing the meeting to a different Tuesday evening during the month, and this will be discussed at the next meeting. 1 -20 -87 -5- MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 17, 1987 CITY HALL CALL TO ORDER Chairman Sorenson called the meeting to order at 7:40 p.m. ROLL CALL Chairman Sorenson, Commissioners Peterson and Krefting. Also present were Councilmember Bill Hawes, Director of Recreation Arnie Mavis and Recording Secretary Geralyn Barone. Commissioners Skeels and Manson were excused from this evening's meeting. Commissioner Propst was absent from the meeting. NEXT COMMISSION MEETING The Commission agreed to set the next monthly meeting on March 10, 1987 at 7:30 p.m. Because this is a change in the regular meeting date, the Recording Secretary will send out a special notice regarding the change. YEAR 2000 ASSIGNMENTS It was noted that it would be worthless to install a fishing pier on Twin Lake North unless the parking problems in the area are I The Director of Recreation said it may be necessary to put in a larger parking lot. Councilmember Hawes predicted that the neighbors living in the area would want to keep the beach. Chairman Sorenson requested a detailed map showing things such as drainage ditches and available land for the area around North Twin Lake and Kylawn Preserve. Councilmember Hawes wanted to know how far out the fishing pier would be extended and if there are any limitations on size. NORTH MISSISSIPPI REGIONAL PARK Chairman Sorenson noted that a public hearing is scheduled for February 19, 1987. At the last meeting, Hennepin County and Minneapolis park district representatives were in attendance. Chairman Sorenson said the question remains of whether or not it will be worth it to purchase the property. There also is concern over the availability of enough money to complete the project. There was some discussion of properties located in this area. GOLF COURSE UPDATE The Director of Recreation said the City has interviewed candidates for Golf Course Manager and should have someone selected by next week. He said the number one priority of the golf course at this time is completion of the Little League fields by May 1. Councilmember Hawes asked if the sprinkling 2 -17 -87 -1- MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION ' FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 10, 1987 CITY HALL CALL TO ORDER Chairman Sorenson called the meeting to order at 7:30 p.m. ROLL CALL Chairman Sorenson, Commissioners Skeels, Krefting, Peterson, and Manson. Also present were Councilmember Bill Hawes, Director of Recreation Arnie Mavis, and Recording Secretary Geralyn Barone. Commissioner Propst was absent from this evening's meeting. APPROVAL OF MINUTES - JANUARY 20 1987 There was a motion by Commission Skeels and seconded by Commissioner Krefting to approve the minutes of the January 20, 1987 Park and Recreation Commission minutes. The motion passed. APPROVAL OF MINUTES - FEBRUARY 17 1987 Chairman Sorenson requested that the minutes of the February 17, 1987 Park and Recreation Commission meeting be amended in the paragraph regarding Year 2000 assignments as follows: "It was ( noted that it would be worthless to install a fishing pier on Twin Lake North at Twin Beach unless the parking problems in the area are handled ". There was a motion by Commissioner Peterson and seconded by Commissioner Krefting to approve the minutes of the February 17, 1987 Park and Recreation Commission meeting as amended. The motion passed. YEAR 2000 ASSIGNMENTS The Recording Secretary reported that she had contacted the Federal Aviation Administration (FAA) as requested by the Commission regarding the requirements for landing a sea plane on area lakes. She reported that FAA Form 7480 -1, Notice of Proposed Landing Area, must be submitted to the FAA. The FAA conducts a study and rules that the sea plane may not or may land with or without certain stipulations. A copy of the form 'is filed with the State of Minnesota by the FAA. The Commission requested no further invest' - i ation on g this item until there is some reason to do so at a future date. The Commission reviewed aerial photos of the Twin Lake North area and discussed options, including adding a canoe launch and /or a fishing pier. There was a motion by Commissioner Peterson and seconded by Commissioner Manson to direct staff to investigate Options at the very north end of Twin Lake North including installation of a canoe launch, fishing pier, boat launch, and /or 3 -10 -87 -1- a canoe rack. Staff should determine initial costs and costs for upkeep and maintenance, and define the pros and cons of each idea and combinations of those options. Other items to investigate are to determine the depth of the lake at the north end, and what type and the numbers of fish are in the lake. Also, staff is directed to determine the liability of the City for a fishing pier and the other options. Staff is also directed to report back to the Park and Recreation Commission on these items. The motion passed. The Commission reviewed aerial photos of the Kylawn preserve area, and continued this item for further 'discussion in the fall after the Twin Lake North options have been reviewed. The Commission will schedule a parks tour for the May 1987 meeting, and Kylawn preserve area will be toured at that time. The Director of Recreation asked if there is any interest in changing the beach area on Twin Lake North, and Chairman Sorenson said his preference is to leave it as is. Commissioners Peterson and Krefting said they had no preference in the matter. Chairman Sorenson noted that the Park and Recreation Commission has never said the area should not be a beach. Councilmember Hawes said if he lived in this area he would be very upset if the beach was removed. Chairman Sorenson said he does not agree that the streets are posted "No Parking" in the area, particularly because it creates problems for people trying to launch boats (there is nowhere for these people to park). Commissioner Skeels said he agreed with the Chairman on this issue, seeing no reason to deny t, the use of the area as a beach. The Director of Recreation disagreed with the Commission, noting the problems created as a result of the beach, such as the mess left after the use of the beach. Commissioner Manson pointed out that people will still use the area regardless of what is done with it. Councilmember Hawes said it would be difficult to dispose of all the sand. He added that if the beach could be converted to something that would eliminate the problems completely, he would go along with it; however, he does not think there is such a solution. Commissioner Krefting asked who uses the beach, and the Director of Recreation said people come from all over this area. Chairman Sorenson pointed out that the east side of the lake is ideal for a beach because of the direction of the sun. Before any action is taken, he requested to see more proposals for this area besides just closing the beach. The Commission requested that staff re a e r an suggestions with P P i Y gg regard to the use of Kylawn y preserve and the beach on Twin Lake North, and report back to the Commission. TY OF BROOKLYN CENTER SUMMARY STATEMENT OF TRENDS ISSUES AND GOALS The Recording Secretary distributed a report entitled "City of Brooklyn Center Summary Statement of Trends, Issues and Goals ". 3 -10 -87 _2_ n'` duties of the chairperson as outlined in the enabling resolution. There was discussion on the effect of this statement, which has good and bad points. One good point is that it maintains control over the abuse of a commissioner's role. Commissioner Peterson said he feels this statement is too restrictive, and Councilmember Hawes suggested leaving a general statement in the bylaws, but loosening the current wording up a bit. Chairman Sorenson suggested an exclusion for the chairperson, and the Commission agreed with this statement. Under Article VIII, Chairman Sorenson recommended adding the statement "Newly Revised" after "Robert's Ruler of Order ". Regarding Article IX, Chairman Sorenson suggested that the vote by the City Council to change the bylaws be made consistent with the past bylaws, which required more than a majority vote for approval of changes. The Commission agreed that the vote by the City Council should be a 4/5 vote, as opposed to a majority vote. There was a motion by Commissioner Manson and seconded by Commissioner Peterson to recommend to the City Council these changes to the bylaws as recommended by the Park and Recreation Commission. The motion passed. RECESS The Park and Recreation Commission recessed at 8:55 p.m. and reconvened at 9:00 p.m. TELEVISING COMMISSION MEETINGS ON CABLE TV The Recording Secretary reviewed the City Council minutes from March 23, 1987, which noted staff was assigned to investigate the options available for televising the meetings. There was discussion on the status of the research of this issue. Chairman Sorenson pointed out that he would like to see the City Council liaison to each commission give a short comment or review on the activities of their last commission meeting at the City Council meetings. The Recording Secretary said she would forward this suggestion on to the City Manager. YEAR 2000 ASSIGNMENTS The Recording Secretary reviewed her memorandum to the Commission dated April 21, 1987. There was a motion by Commissioner Manson and seconded by Commissioner Peterson to recommend to the City Council to include as a 1988 budget request item funding for retaining a professional consultant to conduct a feasibility study of the undeveloped parkland areas at North Twin Lake, including the peninsula, island, beach, and northern end, as well as the Kylawn Preserve area. The motion passed. NORTH MISSISSIPPI REGIONAL PARK Councilmember Hawes said the City Council passed a resolution that approves everything east of Lyndale Avenue North as a bike 4 -21 -87 -4- FIRST l U.S. PO PAID St. Paul, PERMIT NO . 3223 RECEIVED APR 271987; V11 Gerald Splinter ' Mgr. 6301 Shingle Creek Pkwy. BROOKLYN CENTER, MN 55430 t League of Minnesota Cities CITIES BULLETIN An update of legislative and congressional actions Alt affecting cities f A 4 u � � April 18 -24, 1987 Number 16 Including reviews of metropolitan area issues by the Association of Metropolitan Municipalities League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101, (612) 227 -5600 WHERE TO GET LEGISLATIVE INFORMATION To get a copy of a bill, call, write, or stop in... House Chief Clerk's Office - 296 -2314 Rm. 211, State Capitol, St. Paul 55155 Secretary of Senate's Office 296-2343 Rm. 231, State Capitol, St. Paul 55155 To find out a bill's status, authors, companion, committee referral (by bill number, author, or topic)... House Index - 296 -6646 Rm. 211, State Capitol, St. Paul 55155 Senate Index - 296 -2887 Rm. 231, State Capitol, St. Paul 55155 To receive weekly committee schedules, bill introductions, and summaries of committee and floor action, call to get on the mailing list... House Information Office - 296 -2146 175 State Office Bldg., St. Paul 55155 Senate Information Office- 296 -0504 Rm. 29B, State Capitol, St. Paul 55155 To hear a recording of the following day's committee schedule and agenda, call after 4:30 p.m... "House Call" (House committee schedule) - 296 -9283 Senate Hotline (Senate committee schedule) - 296 -8088 To reach a member on the House or Senate floor... House Sergeant at Arms - 296 -4860 Senate Page Desk - 296 -4159 To notify the governor's office of your concerns... Governor Rudy Perpich - 296 -3391 Rm. 130, State Capitol, St. Paul 55155 To contact League of Minnesota Cities legislative staff... 227-5600,183 University Ave. E., St. Paul, MN 55101 Joel Jamnik (environment, personnel, public safety, general government) Laurie Hacking (LGA, taxes, finance) Stanley Peskar (pensions, personnel, public safety) Helen Schendel (elections) Donald Slater (development tools) Sarah Hackett (legislative assistant) Steve Yurek (legislative assistant) Ralph Pribble (LINUS network) To contact AMM lobbyists... 227 -5600 Vern Peterson, AMM Executive Director Roger Peterson, Director of Legislative Affairs The League is available to answer your questions on legislation relating to cities. RULE: All area codes are 612 The 1987 Legislative Bulletin, No. 1, January 9, contains House and Senate members, room and phone numbers, committee assignments, and committee chairmen and phone numbers. The League of Minnesota Cities publishes the Legislative Bulletin weekly during the Legislative session. Subscriptions: members - $15; non - members - $30. Contact: Rose Minke, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101. Donald Slater, Executive Director; Jean Mehle, Editor. Highlights LMC Cities Bulletin, No. 15 April 18-24, 19 7 HIGHLIGHTS The pace is quickening, particularly with regard to taxes and appropriations. Legislators, refreshed from their three -day weekend, have renewed their efforts to meet their scheduled adjournment date of May 18. New taxes have been proposed, harsh restrictions on local government spending have been quickly placed in bills, and talks of � aid cuts have filled the air. State aid for wastewater treatment financing may not be available unless I � s cities needing ew r ' g o improved facilities call . and write their legislators to push for financial assistance. * ** *ACTION ALERT * ** Levy limi LGA cuts, sales tax inc reases nut cities in a bind .................. . .... ..................W -1 A proposed tax bill could threaten the financial viability of cities by setting a three percent levy limit on all levies in all cities, extending the sales tax to cover city purchases, and cutting local government aid by 10 to 20 percent. It is critical that city officials contact their legislators this week to oppose these proposals. * *ACTION ALERT ** O ptical s can equipment would be unusable under proposed plan ................ ............................W -3 An amended optical scan bill would make the equipment unusable. Please ask your legislators to oppose this bill. *ACTION ALERT* Wine in grocery stores to ha a hearing ......................W -4 Please urge your legislators to oppose this bill. *ACTION ALERT* Workers' co mpensation and local licensing .....................W -5 Under a bill going to the Appropriations Committee, cities would need to verify compliance with state workers' comp insurance requirements before they could issue or renew licenses. *ACTION ALERT* Is t state aband road _ highways? ...................W -5 Neither the governor's b_udget plan or the House omnibus tax bill would give adequate funding for roads. H -2 "ACTION ALERT ** Meeting notice bill progresses ................................ W-8 The meeting notice bill as amended, appears to be acceptable to cities. Please review it (copy enclosed) and notify the League if there are any problems with it. Senate tax committee passes S.F. 1 .........W -6 The Rural Development Act, S.F. 1, would appropriate $36.8 million in new funds for development. Minimum_wage survey ... ......... ..... ..............W -7 The League thanks cities for responding to the survey on the proposed minimum wage increase. Notice of vacancies in multi - m ember state ajE ency ..............W -7 Please complete worksheet on impact of Medicare tax proposal ............. ............................F -1 Action Summary An update of where bills of interest to cities are in the legislative process. (By topic.) Courts ........................ ............................A -1 Economic development .......... ............................A -1 Elections ..................... ............................A -1 Environment ................... ............................A -3 Finance and revenue ........... ............................A -3 General....... ......... ............................A -3 Fiscal disparities .. .... ............................A -4 Local government aid ..... ............................A -4 Property tax ........................... .............A -4 Sales tax.. ............ ............................A -5 General government ............ ............................A -6 Personnel ............................... ..............A -7 Public safety ................. ............................A -7 Retirement/ pensions ........... ............................A -7 Transportation ................ ............................A -8 Summaries of bills Note: The League summarizes bills of interest to city officials. General government ............ ............................S -1 Retirement and pensions ....... ............................S -1 Transportation ................ ............................S -1 Miscellaneous... .. ... ...............S -1 (sometimes amidst the work, legislators have a little fun) H= Highlights W =Week in review A= Action summary S= Summaries of bills F= Federal update W -1 Week in review Action Alert TIGHT L EVY LI BIG CUTS IN LGA, AND SA LES_ TAX ON CITY PURCHASES ARE VERY POSSIBLE The House Tax Committee unveiled this week its omnibus tax bill which could threaten the financial viability of many cities. The combination of policies in the bill would dramatically reduce funding for local government aid, substantially increase city costs (through a sales tax on city purchases), and through an arbitrary three percent levy limit, prevent cities from levying sufficient property taxes to cover their increased costs or make up for the lost LGA. The House Tax Committee is due to complete its bill by Friday, April 24. The full House will consider it during the week of April 27. Similar proposals are likely to surface in the Senate tax bill, which the committee will probably develop during the week of April 27. Last week city officials received an ACTION ALERT on the levy limit and LGA issues. IT IS CRITICAL THAT LEGISLATORS RECEIVE LETTERS AND PHONE CALLS THI WEEK IN OPPOSITION TO THESE LIMITS AND CUTS. Tell your legislators what services you would be forced to cut and what jobs you would have to eliminate if these proposals become law. LGA cut Last week the House DFL caucus expressed resistance to the nearly $700 million in income and sales tax increases contained in the first draft of the House Omnibus Tax bill. The Legislature needs these tax increases in order to increase funding for education and other state programs and to create new property tax relief credits see below). ( ) In response to this resistance to tax increases Rep. Voss (Chairman p ( rman of the House Tax Committee announced on Thursday, April 23, his intention to cut $50 million out of property tax relief funding. This is likely to mean a large cut in LGA, 10 to 20 percent across - the - board, a cut which is likely to affect the LGA payments cities are due to receive in July and December of this year. The proposed cut would be permanent, lowering LGA funding this year as well as in the future. Three percent levy limi On Monday, April 20, the Property Tax Division of the House Tax Committee adopted an amendment to impose an arbitrary three percent limit on nearly ALL levies for ALL cities and counties. The proposed three percent levy limit would apply to all cities, even those with populations under 5,000 (which largely are not affected by levy limits under current law). All levies, including "special levies" would be included under the limit; the only exemptions under the new levy limit would be the costs of bonded indebtedness and unfunded pension liabilities. W-2 Under the levy limit proposal, levy increases caused by inflation or population /household growth would be part of the arbitrary three percent limit. This is contrary to current levy limit law which recognizes inflation and growth factors. Similarly, under current law, city levies that replace lost LGA or federal general revenue sharing are outside the levy limit. Under the new proposal, such levies would count toward the three percent limit. The League testified against this arbitrary limit along with the Association of Metropolitan Municipalities, the Association of 3 Small Cities, and the Association of Minnesota Counties. St. Paul Mayor George Latimer and Minneapolis City Council Member Steve Cramer also testified in opposition to both the levy limit and LGA cut. City government representatives explained that cities are accountable to their citizens for tax levies and that this new limit would ignore the essential and mandated costs that the state and federal governments are passing on to cities and counties. Those testifying said that costs for pay equity implementation, wastewater treatment facilities, binding arbitration, and the sales tax on city purchases were examples of uncontrollable costs passed on to cities. The sharp declines in federal aid (particularly the elimination of $40 million in general revenue sharing) are also costs cities cannot control and add further pressures on levies. City lobbyists also described the problems of small cities which tend to experience wide swings in their levies because their budgets are small. Six percent sales tax on city purchases At this point the House tax bill would extend the six percent sales and motor vehicle excise tax to city purchases, estimated to cost cities $33 million per year. Rep. Voss, however, has announced his intention to try to strip this provision of the bill. The Senate Tax Committee, however, is likely to include this tax in its bill. New propert cr The House Tax bill contains two new property tax credits - -a city tax base equalization credit for non - homestead property in cities with below average tax bases and a small business credit for commercial /industrial properties with high effective tax rates. These two credits are estimated to cost the state $51 million per year. Cities could receive the tax base equalization credit if their adjusted assessed values per capita are less than the statewide average. The credit would equalize the first 15 mills of municipal levy and would be available only for non - homestead property. The tax bill also would provide for a state -paid small business credit if the property taxes on the first $100,000 of market value of the commercial /industrial property exceeds two percent. The business property tax credit would be equal to the sum of: 1) 35 percent of the property tax amount attributable to the first $100,000 of market value that is in excess of a two percent W -3 effective tax rate, but less than a four percent effective rate, and 2) 50 percent of the property tax amount attributable to the first $100,000 market value that is in excess of a four percent effective rate. The credit is payable to only one parcel per owner per county. Y Homestead credit and assessment ra tio changes. The tax bill would decrease the homestead credit percent from 54 percent to 49 percent. The maximum amount of the credit would remain at $700. The property classification ratios on homestead property would decrease from 18 percent to 16 percent on the first $66,000 of market value and from 28 percent to 26 percent on the value in excess of $66,000. Higher valued homes would receive some additional relief under this plan, but lower valued homes are likely to see a property tax increase. Tax - exempt property: City servi charges The tax bill includes a provision that would allow cities to impose, by resolution, a service charge for "basic municipal services" they provide to certain tax - exempt property. They would have to adopt the resolution by August 1 in order to impose it for the following year. (See Citie Bulletin #15 for more details about this provision.) Budget and cash flow reserve The House tax bill would provide for a budget reserve of $250 million for the biennium. If the Revenue Department forecasts a budget reserve that falls below $100 million then corporate and individual income � p tax rates would increase by 0.1 percent and 0.2 percent, respectively. In addition, the proposal would g ive the commissioner of finance expanded authority to reduce appropriations and expenditures in order to eliminate the budget deficit. Action Alert OVER $4 MILLION IN CITI V OTING EQUIPMENT UN USABLE UNDER — —i .-`. -- PROPOSED LEGISLATION THE OPTICAL SCAN BILL, S.F. 466 (KROENING) /H.F. 756 (SARNA), THAT ORIGINALLY APPLIED ONLY TO THE CITY OF MINNEAPOLIS, NOW WOULD INCLUDE ALL CITIES. THE HOUSE GENERAL LEGISLATION, VETERANS' AFFAIRS AND GAMING COMMITTEE AMENDED THE BILL ON THURSDAY. AS WRITTEN, IT WOULD VIRTUALLY PROHIBIT CITIES FROM USING THE EQUIPMENT. The committee accepted a delete everything amendment that would prohibit a city of the first class, except St. Paul, from using new voting equipment until January 1, 1989. The amendment also includes provisions for party -row voting for all cities using optical scan voting equipment. It would require arrangement of titles of offices vertically, with names of candidates arranged W -4 horizontally opposite the respective titles. It would require all candidates of a political party to appear in one column under the clearly designated name of the political party. Consultations with technical people and vendors of equipment indicate that the language, as written, would make the equipment unusable. The design of the optical equipment requires arrangement of columns in a particular way. If the Legislature adds technical amendments in order to continue to allow the use of the machines, but continuing to require party -row balloting, costs to retrofit t and reprogram optical scan equipment would cost up to $1,000 per machine. The timing also would be such that cities would not be able to use the equipment for the 1988 1 4 presidential election. Cities in Minnesota have spent over $4 million to purchase optical scan equipment. A sampling of cities indicate that reprogramming costs would be as high as 52 percent of the original cost. It is probable that if the Legislature requires reprogramming, cities would need to resubmit the equipment for certification. This bill has momentum. Act now. CONTACT YOUR LEGISLATORS AND ASK THEM TO DEFEAT THIS BILL. MANDATING ADDITIONAL COSTS TO CITIES THAT PURCHASED THE OPTICAL SCAN EQUIPMENT IS NOT ACCEPTABLE. CURRENT LAW PERMITS CITIES TO CHOOSE AMONG THE VOTING EQUIPMENT TYPES WHICH THE SECRETARY OF STATE HAS CERTIFIED. CITIES HAVE PURCHASED NEW EQUIPMENT IN GOOD FAITH, TRUSTING IN THE CERTIFICATION PROCESS AND DEPENDING ON THE VALIDITY OF CURRENT LEGISLATION. Action Alert WINE IN GROCERY STORES A hearing on allowing wine sales in metropolitan grocery stores has tentatively been scheduled in the Senate Commerce Committee on Monday, April 27 at 4:00 p.m. in Room 112 Capitol. The bill's companion is on the House floor. Please call your senators on the Commerce Committee to oppose this legislation. If you need further information or would like to testify, call the committee at 296 -4158. W -5 Action Alert WOR KERS' COMPENSATION AND LOCAL LICENSING The House Labor - Management Committee has passed a workers' compensation measure, H.F. 1450/S.F. 1347, and referred it to the Appropriations Committee. While the bill primarily imposes requirements on private sector employers seeking to form workers' compensation self - insurance pools, the bill also includes a provision which would require cities to check all applicants for compliance with state workers' compensation insurance requirements before issuing or renewing any license. The Legislature passed the same requirement in 1980, and repealed it in 1981 because of the difficulty cities had in determining whether a license applicant is an "employer" within the meaning of the workers' compensation law. It is not an easy matter to determine whether a person has "employees" or independence contractors. Even though the courts Legislature, g ' Le g and state agencies have not established a clear definition of these terms, the bill would force cities to make the determination in order to fulfill the bill's requirements. uirements. City officials should contact their legislators, as well as Representative Wayne Simoneau (author of H.F. 1450), Representative Glen Anderson (Chair of the Appropriations Committee), and Senator Florian Chmielewski (author of S.F. 1347) and ask them either to delete this section of the bill or require some sort of state certification P rocedure Action Alert IS THE STATE ABANDONING ROADS AND HIGHWAYS? Recent legislative efforts to reach a compromise on a road funding package have failed. Neither the governor's budget (which proposes tax increases of $631 million) nor the new House tax bill (which suggests new taxes of $685 million) contemplate state financing for roads, highways, and transit. However, the governor's budget would allow increases in local property taxes to pay for transit needs. One of the problems the League faces along with other supporters of adequate transportation funding is to communicate the impact of little or no state assistance. Relating the estimated $1 billion in state road needs is not easy. We can say this, though: W -6 * The state is likely to divert $231 million in motor vehicle excise taxes from the highway fund to the general fund to help balance the state's operating budget. * New or increased taxes for roads face a tough fight because the Legislature and governor want to avoid the political stigma of a $1 billion tax increase. r * In the priorities of tax reform and state funding for education, welfare, various state agencies, and other programs, roads do not rank high. t * Roads neglected in 1987 will only increase financing demands on the 1988 Legislature. * A jurisdictional study report scheduled to go to the Legislature early next year will likely show that the state should reduce the state system's size by shifting road responsibilities to counties and cities. The argument behind shifting from state - raised funding to a property tax source is rationalized by many, including the Citizen's League and the Star and Tribune to " potentially save money by allowing lower standards of design and maintenance on many of the shifted segments." * Having these last two occur at about the same time is not in the best interests of local governments, even though it should be possible to persuade some that shifting roads onto local governments won't save money as much as mean less well - maintained, lower quality roads paid for by property tax payers, not those who use the roads. Please contact your legislator to urge them to seek road and transit funding. SENATE TAX COMMITTEE PASSES S.F. 1 On a divided voice vote, the Senate Tax Committee passed S.F. 1, the "Rural Development Act," and referred it to the Senate Finance Committee, its last committee before going to the floor. As amended in Senate Taxes, the bill will need a new name. The committee softened its rural focus with the addition of $7 million in aid for the Iron Range and $16 million in aid for urban redevelopment in Minneapolis and St. Paul. New funds for the development act now total $36.8 million. The bill creates a Greater Minnesota Corporation, a private non- profit corporation which would receive $10 million to promote research in higher education institutions and invest money in companies in depressed areas. W -7 A rural development board would get $9 million in existing funds to provide loans and investment capital in rural areas to stimulate development. The bill would appropriate $3 million for forestry and mineral programs. The legislation would shift the state wastewater treatment construction grants program from the Pollution Control Agency to a newly created Minnesota Public Facilities Financing Authority and increase the grant share to 80 percent state and 20 percent local for cities under 25,000 population. Grants for cities over 25,000 would remain at their current level of 50 percent. MI NIMUM WAGE SURVEY Earlier in the session (Bulletin No. 4), the League asked its members to respond to a proposal to increase the minimum wage. The bill originally would have increased the minimum wage by approximately $1 per hour. The bill, in its present version, would eventually raise the minimum wage by about 50 cents an hour over the next few years. The League Board determined not to take a position on this bill. The survey results reinforce that decision. Only 23 cities responded, with 12 indicating that the original proposal would have a significant impact and 11 indicating little or no impact. t As for recommendations from the members, two cities indicated the League should support the legislation, 14 recommended opposition, and seven recommended taking no position on the bill. The House has passed the bill and the Senate Employment Committee is hearing it this week. The League wishes to thank the following cities for responding to the survey: Okabena, Kinney, Shakopee, Lanesboro, Waseca, Plymouth, Austin, Madelia, Hugo, Taconite, Prior Lake, Sauk Centre, Mounds View, Brooklyn Park, Winona, Fosston, Zumbrota, Warren, Hamburg, Grand Meadow, Heron Lake, Willow River, and Renville. NOTICE OF VACAN IN MULTI - MEMBER STATE AGENCIES , MINNESOTA JOINT UNDERWRITING ASSOCIATION -- LIABILITY INSURANCE has six vacancies open for: a) three public members; b) three members representing groups insured by the association. The association shall provide liability insurance coverage for persons unable to obtain it through ordinary means where coverage is required by law or is necessary for the conduct of business and serves as a public purpose. Members are appointed by the commissioner of commerce. For specific information contact the Minnesota Joint Underwriting Association -- Liability Insurance, Dept. of Commerce, 500 Metro Square Bldg., St. Paul 55101, (612) 297 -3238. W -8 Action Alert MEETING NOTICE BILL PROGRESSES The meeting notice bill. H.F. 793/S.F. 1272, is moving toward passage. Both houses have eliminated all of the open meeting law , provisions. The League is relatively satisfied that the provisions which remain are acceptable. However, to ensure that local officials can live with the amendments, a copy of the bill follows. Please review the bill and inform the League staff of any difficulties which we should seek to resolve with appropriate amendments. The bills are on the floors of both houses so time is of the essence should we need to make any amendments. H. F. No. 793, A bill for an act relating to public meetings; requiring certain notice for all meetings; permitting certain reme- dies for violations; providing penalties; amending Minnesota Stat- utes 1986, section 471.705, subdivisions lb, 2, and by adding subdivisions. "Section 1. Minnesota Statutes 1986, section 471.705, is amended by adding a subdivision to read: Subd 1c. [NOTICE OF MEETINGS.] (a) [REGULAR MEETINGS.] a re A scc eduFe of the r_e uulla_r mee if s of a nub�lic ides to bold shall be k�e t on 1iile at its rp ima ms offices. If a p_ubV.ic — bowl dec E g ular meeting at a time or Tp ace different from the time or �a e stated In its schedule of _regular meetings, it shall live the same notice of the meetip that is pj2yiae in this subdivision for a specia meeting. (b) [SPECIAL MEETINGS.] For a special meeting, except an m eerg meeting or a s e�cial meetin or -,&r ich a notice reulre ment is otherwise expressly esta is e by statute, the bpu it c body ssiall post written notice oft he date, time, ace an& purpose of the me eting on t print pia iuNetin board of the u�blic b_odd or � trie up blic bony Es no printed a�FuII 5oard, on the door of its usua meeting room The notice shall also e mat ecT - or of erwise cZ eIiverea to each person aws �on who ]`iled a written re uest or notice o s ecia me with tt e pu � -fihis notice s It all - Te - _ oste an mailed or delivered at least three da! before the ate of t�i meeting. As an alternative to mailing or otherwise delive notice to persons who have filed a written request for notice of s ecial meetin S, the Public�JOCwm � u is t e notice once, at least t ree d ays e ore the meeting, in the official news a e_r - o he Pub icT E or, if t ere is none, in a qu�Tf tided news a er of �enner�al circulation witRin e area o ttEie ublic bo y s a A tip rson 1 in a request for notice or speclal meetings may limit the request to notification ot` meetings concerning articular subjects in whicTi case the public bodv is required to sen notice to that e�rsonn onl concernln s � cclal meetin s i in nv _ o _ lv � in those _ sub e A u li b may establish an e atd e for r_ for notices of s eclat meetings Eursuant to this Para raph and re uiree reTilin o t e re uest once cacti year• T�ot more t an 60 s e ore tFie ex iratlon �� date of a request for notice, tEe u V dyd sha en notice o t e reiTin requirement totoe ep rson who file T_ n the preceding year. W -9 (c) [EMERGENCY MEETINGS.] For an emergency meeting the ublic body shall make g ood ..� faith efforts to rovide notice o the meeting to each news medium is Tile a written re uest -or notice if the re uest incl —u�. es the news meciiuOs telephone number. o ice of the emer enc m en �ie� shall be ev b tele hone or aw�n other met o use to not t membe rs o f e Pu i ic s �o � IV'otice shall be prov ed to ea i news me�c ium wh i�c has filed a written re ueet of r notice as soon as reasona 1 racticable after notice ��� — ce been even to tTie members. Notice s a inclu e e ss1 ec ho ` meeting. Poste -c u or b is e o ce ot emergenc meetin shal not e re� uireT An enc me�etm is a sPeci r meeting called se of circumstances that, in the judgment of the ublic body, re uire immediate consideration � the public body - H matters not irect y re ate tot he emergency are�iscussed or acted U on at an emer enc meetin ,the minutes �o thie meeting s�iall inc ude a a eci is ascription o the ma tters. (d) [RECESSED OR CONTINUED MEETINGS.] If a me eting is a recessed or continued session of a prev�iou�s m and the time an ace ofTt e meeting was established during the previous meeting and recorded in the minutes o tat meeting, t eh n no further publis or mailed notice is necessary. For purposes of this clause, the term "meet ni g ' i�ucTes a p u bl ic - Farin conducted pursuant to chapter 429 or any other law or charter provision requiring a uLlic hearin a p ub — Fd (e) [CLOSED MEETINGS.] The notice requirements of this sub- division apply to closed meetings. — — (f) [STATE AGENCIES.] For a m2eqj!jg of an agency, board, commission, or department ot state, (i) the notice requirements o this s subdivision apply only if a statute governing meetin s e agenc oar or commission — Toes not contain specifi if reference � Y c e erence to the method - off rovi in notice, and (ii) provisions of this subdivision relating to u lication shall l satis ie lication r � u p in tFe state register. () [ACTUAL NOTICE.] If a person receives actual notice of � a meeting of a ublic body at - least 24 ours �etore the meetin , all notice requirement of this suvinion are satiied wit r e _ sect to that erson re r � , ga ess of the metho o recep notice. (h) [LIABILITY.] No fine or other penalt ma be imposed on a member of a pu mod — for a vio ation o t is subdivision unless it is esta ished that the vi7ation was wiIlfuT Ee te ��e mem eb r '-- — Delete the title and insert: "A bill for an act relating to public meetings; requiring certain notice for all meetings; amending Minnesota Statutes 1986, section 471.705, by adding a subdivision." l� _ P 4 r€ P U L L E T I N metrornolitan mu id l �, 'N°S April 27 1987 TO: AMM Member Cities FROM: Vern PeterscO, 7Executive Director Roger Peters AP Director of Legislative Affairs Re: LEGISLATIVE REPORT OF CRITICAL ITEMS 1. FISCAL DISPARTIY UPDATE The AMM Fiscal Disparity bill (HF 1125/SF 1134) has not had any further hearings since passing out of House Metropolitan Affairs Property Tax Subcommittee several weeks ago. The full committee chair, Rep. Tom Osthoff, St. Paul has been trying various ideas to moderate the loss from current law to AMM position for his city. At this time the form of that relief is unknown, however, we understand that he will attempt to schedule a hearing this week. The Senate author has been waiting for the policy bill deadlines to pass (April 28 is the final policy bill hearing data cutoff) before scheduling a Tax Committee hearing on the AMM bill. There has, also, been some hesitancy on the part of the Senate to hear the bill until the House has acted more affirmatively. We should know within the week where we stand or if we stand at all in either house. If the bill does not progress this session, there will be an interim study by the legislature for 1988 consideration. 2. TAX BILL PROPOSAL The initial 'shot' fired by the House Tax Committee in the House version of the Omnibus Tax Bill held LGA level for 1988 but allowed a 3% levy increase for 1988 only on that amount levied in 1987. This was amended in committee to exclude bonded debt and pension. If adopted this severe limit would have excluded the LGA distribution from increase and excluded both loss of Federal Revenue Sharing and city growth from additional levy. Also, included was a 6% sales tax on city commodity spending including legal services which in most cases exceeded the amount that could be derived from the 3% levy increase. -1- 183 university avenue east, st. paul, minnesota 55101 (612) 227 -5600 After heavy lobbying by the various city -ep-went a"I"I'Ves significant changes were made. However, as the oja' -laid iTIG gees 'there's good news and bad news:' BAD NEWS. The tax bill going to the House floor (HF 529) includes a 1.6% cut in 1987 LGA that cannot be recovered through levy. 1988 LGA is cut an additional 1.6% but the total 3.2 pe.--cent cut is recoverable through property tax at the option of the city. The 1988 homestead credit payments to all local units is frozen at the 1987 level and cannot be recovered by direct levy. Homeowners will receive the credit but local payments will not be made in full if they exceed 1987. This amounts to an estimated $10 million spread among the three entities, cities, counties, and schools. GOOD NEWS? The 6% sales tax on local government expenditures and legal services has been eliminated from the House Bill. The strict 3% limit has been replaced by the current levy limit law at 3%. This does allow base increases for loss of Revenue Sharing and growth and maintains special levies outside the limit. The 3% is less than current law levy by about 2 to 4 tenths of a percent. It also applies to all cities not just those over 5,000 population. Lobbying to reduce or eliminate 1987 LGA 1033es will continue as will effforts to modify the 1988 homestead credit reduction. The suggested strategy is to push all cuts to 1988 in such a way as to permit cities to make up the loss through property tax levy. The Senate bill is being constructed this week. At this time it appears it will contain the 6% sales tax extension to local units of government, possible cuts in local aids and the strict 3% levy limit on 1987 levy only. There is a great deal of pressure being put on Legislators by various business groups to reduce or cut State Income and Sales Tax rates. Any further reductions would likely increase the pressure for additional cuts in LGA and Homesated Credit payments to local units of government. WE WOULD URGE YOU TO CONTACT YOUR LEGISLATORS (BOTH REPRESENTATIVES AND SENATORS) TO LET THEM KNOW YOUR FEELINGS ABOUT THE IMPACT THESE CUTS AND REDUCTIONS WOULD HAVE ON YOUR CITY FINANCES AND SERVICES. IT IS IMPORTANT THAT THE LEGISLATORS HEAR FROM CITY OFFICIALS AND NOT JUST FROM THOSE INTERESTS WHO ARE ADVOCATING ADDITIONAL CUTS IN LOCAL AIDS. -2- t 1RANSIT - TRANSPORTATION FUNDING 0 I appears :wally certain at this point in time, that the MVET Fu -, wil e retained in the State's General Fund as recommended by Governor Perpich. Neither the Governor nor MNDOT has come forward with alternative funding proposal, as yet, and the outlook for a;_ funding for transit - transportation needs iJ uleaK. Consequently, many needed highway projects will not be funded and MNDOT and the counties may use "cost avoidance" techniques such as not maintaining frontage roads or providing maintenance for state or county highways which are also city streets. This may force cities as a practical matter to provide these services at city cost. Several c)ills have been introduced (SF 1373, SF 1503, HF 1554, HF 1555) which in combination would increase the gasoline tax by 4 cents, add a 6% sales tax on petroleum products at the wholesale level, increase the vehicle license tax and double all driver related permits and licenses fees, etc. but no bills have passed out of committee as of this date. The AMM Transportation Committee met on April 22nd. to review and assess the before listed bills and while the committee is not endorsing a specific bill; it reaffrmes its strong support for adequate funding for transit and transportation needs. THE COMMITTEE ASKS THAT YOU ALSO MAKE YOUR CONCERNS ABOUT ADEQUATE FUNDING FOR TRANSIT AND TRANSPORTATION PURPOSES KNO'niv J YOUR LEGISLATORS ASAP. 4. ANNUAL MEETING REMINDER - MAY 28 As noted in the AMM Bulletin of March 27th., the AMM Annual Meeting will be held the evening of Thursday, May 28 at the Robert Lee Restaurant in New Brighton. We look for this to be another interesting evening which will get underway about 5:30 P.M. with a Social Hour hosted by Miller Schroeder Financial, Inc. A meeting notice with all the specific details will be mailed in about 10E days but mark your calendar now if you have not already done so. DISTRIBUTION NOTE: This bulletin was mailed individually to member Mayors, Managers /Administrators, and Designated Delegates. Please distribute copies to others in your city as you deem appropriate. Should you have questions about these or other Legislative matters, please do not hesitate to call us at the office. (227 - 5600). -3- I - f Licenses to be approved by the City Council on May 4, 1987: BULK VENDOR LICENSE Curtis Products 3214 Dodds Ave. N. D & G Vending, Inc. 4313 NE Washington Street Sanitarian CIGARETTE LICENSE Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford, Inc. 2550 County Road 10 .(,� City Clerk FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth Evergreen Park Brooklyn Center Babe Ruth Grandview Park Brooklyn Center Nat'l. Little League Lions Park Brooks Superette 6804 Humboldt Ave. N. Garden C" , it School Y 3501 65th Ave. N. 1 1 r Sanitarian, MECHANICAL SYSTEMS LICENSE Construction Mechanical Services 1307 Sylvan Street Egan & Sons Co. 7100 Medicine Lake Rd. Environ -Con, Inc. Box 1351 Furnace Care Inc. 8733 Humboldt Ave. N. Lakeview Heating & A/C 4342B Shady Oak Road Kleve Heating & A/C 13075 Pioneer Trail & S Heating & A/C 21357 Hemlock Avenue T.G.S. Mechanical Inc. 50 Choctaw Circle Thermex Corporation 4850 Park Glen Road Thompson Air Inc. 5115 Hanson Court Fred Vogt & Co. 3260 Gorham Avenue Building Official NONPERISHABLE VENDING MACHINE LICENSE Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford, Inc. 2550 County Road 10 Sanitarian RENTAL DWELLING LICENSE Initial: James Ferrara 6031 Brooklyn Boulevard Director of Planning and Inspection SIGN HANGERS LICENSE Midway Sign Company, Inc. 444 North Prior Avenuel.l Building Official SWIMMING POOL LICENSE -T — . Fun Services 3701 50th Avenue N. c , �` } r /Ll"_ Sanitarian GENERAL APPROVAL:' D. K. Weeks, City Clerk 9az ( Youz ffn fozmaflon APPLICATION FOR APP " - OIj1TMF T , Tp 7HF Ry �r o4FK AND G� 7F U- Age � Address 7 0, �q ,q� �- Telephone s6& 7aW5 _ Occupation 7-- . — f" ormIgAJ Years lived.in Brooklyn Center Z�� M _ I am interested in serving on the: Park & Recreation Commission Park Service Area Committee Either I have read Council Resolution 73 -25, which defines the purpose, authority and responsibility of the Brooklyn Center Park and Recreation Commission and the Park Service Area Committees. Yes —Z No Comments I understand the importance of regular Commission /Committee meeting attendance and participation, and feel I have the time available to be an active participant. Yes No Comments • Additional comments on my interest, experience, background, ideas, etc. S r' ra Y S 4 �' t5 d T ', 9 ✓d rr l5 gold (` CAlt)Ce jlnOcoy d.%J I " c���yu• s �rzi' �c ga� -lid �� � ,�r � �.h /, c Cr �,�r-,(� �o .��o� X . ar /A) `t� ►, ignature Ljate a , Submit to: Mayor Dean Nycuist City of Brooklyn Center 6301 Shingle Creek Farkwav Brooklyn Center, MINT 55430 �dc�� � o�ti.¢� C'v��•tY� o.v �j.�