Loading...
HomeMy WebLinkAbout1988 01-11 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 11, 1988 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Employee Service Recognition Program -This is the 9th annual presentation by the City Council of Service Awards to City employees to recognize years of service to the City. 5. Open Forum 6. Recess to EDA 7. Select Mayor Pro tem 8. 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. *9. Approval of Minutes - December 28, 1987 - Regular Session 10. Mayoral Appointments: *a. Human Rights and Resources Commission *b. Park and Recreation Commission *c. Planning Commission *d. Housing Commission e. Commission Chairpersons 11. Designate Official Newspaper - Brooklyn Center Post 12. Resolutions: *a. Designating Depositories of City Funds *b. Designating Representative and Alternate Representative to the Association of Metropolitan municipalities an Munici p P *c. Regarding Mayor Nyquist's 1988 Salary d. Expressing Recognition of and Appreciation for the Dedicated Public Service of Fran Gunberg CITY COUNCIL AGENDA -2- January 11, 1988 e. Expressing Recognition of and Appreciation for the Dedicated Public Service of Barry Wallerstedt f. Expressing Recognition of and Appreciation for the Dedicated Public Service of Carl Sandstrom g. Expressing Recognition of and Appreciation for the Dedicated Public Service of the Brooklyn Center U.S. Constitution Bicentennial Committee and Its Chairman, Bill Lakotas *h. Accepting Work Performed under Contract 1986 -D (Improvement Project No. 1985 -19, Water Utility Control System) *i. Accepting Work Performed under Contract 1987 -C (Community Center Painting Project No. 1987 -05) *j. Establishing Water Hookup Rates for Calendar Year 1988 k. Accepting Bid and Awarding Contract for the Furnishing and Delivery of One (1) Front End Loader with Accessory Equipment - Appropriation within the 1988 budget. *1. Accepting the Proposal of Westwood Planning and Engineering Company to Provide Planning Services Relating to "The Preserve" - Appropriation of $3,800 within the 1988 budget. Parkland is adjacent to Kylawn Park. *m. Accepting the Proposal of Westwood Planning and Engineering Company to Provide Planning Services Relating to Twin Lakes - Appropriation of $8,000 within the 1988 budget. *n. Accepting Quotation for Police Department Work Station - Appropriation within the 1988 budget. o. In Support of Increasing Funding for the Northern Mayors' Association 13. Ordinance: (7:30 p.m.) a. An Ordinance Amending the Brooklyn Center City Charter -This ordinance was first read on December 14, 1987, published in the City's official newspaper on December 24, 1987, and is scheduled this evening for a second reading.. CITY COUNCIL AGENDA -3- January 11, 1988 14. Planning Commission: (7:45 p.m.) a. Planning Commission Application No. 87027 submitted by Dr. John Lescault requesting a variance from the sign ordinance to allow a 32 sq. ft. freestanding home occupation sign at his residence at 6142 Brooklyn Boulevard -The Planning Commission recommended denial of this application at its December 17, 1987, meeting. The applicant requested this item be considered by the City Council at this evening's meeting rather than the December 28, 1987, City Council meeting. 15. Discussion Item: a. Authorization of Recreation Program Supervisor *16. Licenses 17. Adjournment NOTE: An Executive Session to discuss Tires Plus will follow all regularly scheduled meetings this evening. CITY OF BROOKLYN CENTER EMPLOYEE RECOGNITION NIGHT CITY COUNCIL CHAMBERS 7:00 P.M. JANUARY 11, 1988 IIERN CITY OF BROOKLYN CENTER EMPLOYEE RECOGNITION NIGHT ® January 11, 1988 Tonight is the ninth annual presentation by the City Council of service awards to City Employees to recognize years of service to the City. Recognition is to be given tonight to those employees who. during 1987, observed the anniversary of either twenty or twenty —five Years of permanent full —time employment with the City. The awards are a part of a service recognition program approved by the City Council in 1979. Three persons, who are listed below. will receive awards this evening. EMPLOYEES WITH TWENTY YEARS OF SERVICE 0 M. ROBERT HOLMES Public Works Dispatcher June 1, 1967 ERLAND SHELLEY Police Officer September 5. 1967 EMPLOYEES WITH TWENTY --FIVE YEARS OF SERVICE RICHARD HANDY Police Officer January 8, 1962 The employees recognized this evening are representative of all City employees who serve their City well. • 1 IER1 ------------.--------------------------------------------------- LISTING OF ACTIVE CITY EMPLOYEES WITH TWENTY OR MORE YEARS OF SERVICE AS OF DECEMBER 3 i i , 1987 ---------------------------------------- THIRTY OR MORE YEARS OF SERVICE ROBERT CAHLANDER, Supervisor of Streets and Parks (32) TWENTY-FIVE OR MORE YEARS OF SERVICE JAMES LINDSAY, Chief of Police (28) RICHARD SCHWAB, Public Works Supervisor (26) RICHARD HANDY, Police Officer (25) TWENTY OR MORE YEARS OF SERVICE LEROY CHRISTENSON, Police Officer 24 GARY GIVING, Engineering Technician (24) DONALD SOLLARS, Police Sergeant (23) PAUL ' L OLMLUND, Director of Finance (23) DAVID WERNER, Police Sergeant (22) SCOTT KLINE, Police Captain (21) DONALD SPEHN, Police Officer (21) M. ROBERT HOLMES, Public Works Dispatcher (20) ERLAND SHELLEY, Police Officer (20) Eighty —four employees, of a total of one hundred twenty — six full —time authorized City Employees, have served the City or more than five ears. An analysis of permanent y y y P full --ti e me service as of December 31 1987 follows: Accumulative Employees with 30 or more years service 1 1 Employees with 25 or more years service 3 4 Employees with 20 or more years service 9 13 Employees with 15 or more years service 12 25 Employees with 10 or more years service 20 45 Employees with 5 or more years service 39 84 Employees with less than 5 years service 42 Total Permanent City Employees 126 IIER2 t MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 28, 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 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Lhotka requested item 8g be removed from the consent agenda. APPROVAL OF MINUTES - DECEMBER 14 1987 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the December 14, 1987, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE THE POND'S PLAT III There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to release the performance bond for the property at 71st and Unity Avenues North, the Pond's Plat III. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -246 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND APPROVING CONTRACT TO REWIRE THE ELECTRICAL SYSTEM FOR UNDERWATER LIGHTS IN THE COMMUNITY CENTER SWIMMING POOL 12 -28 -87 -1- a r The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -247 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -248 Member Gene Lhotka 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 Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: BOWLING ALLEY Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 North Lilac Drive CIGARETTE Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn t i y Center Service, Inc. 6849 Brooklyn Blvd. Canteen Company of Minnesota 6300 Penn Ave. S. FMC 1800 Freeway Blvd. Earle Brown Bowl 6440 James Circle Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. Iten Chevrolet 6701 Brooklyn Blvd. Jerry's New Market 5801 Xerxes Ave. N. Jimmy Jingle 1304 East Lake St. Brookdale Corporate Center 6300 Shingle Creek Pkwy. North Star Dodge 6800 Brooklyn Blvd. Palmer Lake Plaza 6860 Shingle Creek Pkwy. TCR Corporation 1600 67th Ave. N. Lynbrook Bowl 6357 North Lilac Drive Marc's Big Boy 5440 Brooklyn Blvd. Minnesota Vikings Food Service 5200 West 74th Street Ryan Construction 6200 Shingle Creek Pkwy. Ryan Construction 6160 Summit Drive Neil's Q. 1505 69th Ave. N. Service America Corporation P 7490 Central Ave. NE Dayton's Brookdale Center Graco 6820 Shingle Creek Pkwy. 0 12 -28 -87 -2- MTC 6845 Shingle Creek Pkwy. Snyder Brothers Drug 1296 Brookdale Center Target 6100 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Ave. S. Applebee's Brookdale Center Brookdale Ford 2550 Co. Road 10 Budgetel Inn 6415 James Circle Ground Round 2545 Co. Road 10 Holiday Inn 2200 Freeway Blvd. T. Wright's 5800 Shingle Creek Pkwy. Thrifty Scot Motel 6445 James Circle Bill West Service Center 2000 57th Ave. N. Total Petroleum, Inc. 6830 Brooklyn Blvd. Woodside Enterprises 11889 65th Ave. N. Bakers Square 5601 Xerxes Ave. N. COURTESY BENCH U. S. Bench Corporation 3300 Snelling Avenue FOOD ESTABLISHMENT Neil's Q. 1505 69th Ave. N. GASOLINE SERVICE STATION American Bakeries Company 4215 69th Ave. N. Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Howe Company 4821 Xerxes Ave. N. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Neil's Q. 1505 69th Avenue N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness 6301 Shingle Creek Pkwy. POOL AND BILLIARDS TABLES Lynbrook Bowl 6357 North Lilac Drive PUBLIC DANCE Earle Brown Bowl 6440 James Circle RENTAL DWELLING Initial: James M. Krzesowiak 3001 51st Ave. N. Andrew & Lori Phillips 4018 62nd Ave. N. Jeff Syvrud & Bob Schonberg 5547 Lyndale Ave. N. Ron Gray 6718 Scott Ave. N. Renewal: Sherry A. Ronallo 819, 821 55th Ave. N. Midwest Management 4450 58th Ave. N. Jerry Harrington & Eugene Berg 1200 67th Ave. N. George & Susan Patten g 5912 Admiral Lane George e A. Luc ht ht 5105 Brooklyn Blvd Peter & Lillian Ulmaniec 5906 Colfax Ave. N. 12 -28 -87 -3- Tracy Rice 5801 Ewing Ave. N. M & J Properties 1507 Humboldt Place John Carnahan 1525 Humboldt Place M & J Properties 1549 Humboldt Place M & J Properties 1555 Humboldt Place L. Larry Law 4201 Lakeside Ave. N., #302 Jim & Norma Donovan 4207 Lakeside Ave. N., #234 Robert Lerum 4207 Lakeside Ave. N., #332 Bertil E. Anderson 4207 Lakeside Ave. N., #336 Gary Schultz 4220 Lakeside Ave. N. Dennis Tollefson 5328 Queen Ave. N. Byron & Nancy Mach 4708, 4712 Twin Lake Ave. Gary & Danae Morrison 5104 E. Twin Lake Blvd. Steven D. Lanier 5256 E. Twin Lake Blvd. SPECIAL FOOD HANDLING Power Plus 1700 Freeway Blvd. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Awarding Audit Contract and referenced the memorandum to him from Director of Finance Paul Holmlund dated December 23, 1987. The City Manager said he concurs with the Finance Director's recommendation that the City has been getting a good audit, but it has been 25 years since the City has changed auditors. His first choice would be to recommend the firm of Deloitte, Haskins, and Sells (DH &S). If cost is a critical consideration, the second choice would be to recommend George M. Hansen Company, PA. Councilmember Theis noted the firm currently being used by the City is a local company and asked if DH &S is a national firm. The Finance Director responded affirmatively. Councilmember Theis said he concurs with the Finance Director that after a period of time, a new firm should be tried. Councilmember Lhotka asked Councilmember Theis if he is primarily interested in DH &S, and Councilmember Theis responded affirmatively. Councilmember Theis noted DH &S has experience with LOGIS, and ten out of the twelve local government clients have received the financial certificate. He suggested the idea for change would allow the new auditors to come in with a different audit program. Councilmember Lhotka said he would select George M. Hansen Company, PA if the City is looking strictly at cost considerations. RESOLUTION NO 87 -249 Member Rich Theis introduced the following resolution and moved its adoption including the firm of Deloitte, Haskins, and Sells as the auditor, with the understanding that the City will be with this company for at least three years. RESOLUTION AWARDING CONTRACT FOR THE ANNUAL AUDIT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. 12 -28 -87 -4- Councilmember Lhotka said he feels the George M. Hansen Company has a good reputation and it will cost about $10,000 less over a three year period than the firm recommended by Councilmember Theis. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Mayor Nyquist, Councilmembers Theis, Hawes, and Scott, and the following voted against the same: Councilmember Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager presented a Resolution Setting Wages and Salaries for Calendar Year 1988. He said the resolution includes compliance with the pay equity plan, a 4% general salary increase for nonunion employees, and a $10 per month increase on insurance benefits for nonunion employees. Councilmember Theis asked if the City establishes salaries as proposed, will the salaries of some positions that fell above the pay equity corridor have their wages frozen. The City Manager proceeded to discuss the effect of the proposal in relation to the pay equity act and noted there may be some reconsideration of the City's plan if the unionized employees' contracts are significantly different afferent t han the 1 g y plan. Councilmember Theis inquired about the process involving the unions, and the City Manager proceeded to explain the effect of the pay equity law on the unionized employees and the avenues used for settling their contract negotiations. RESOLUTION NO. 87 -250 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1988 The motion for the adoption of the foregoing resolution was g g duly seconded by member Bill Hawes, and the motion passed . unanimousl P y The City Manager said it has been several years since the salaries for elected officials have been adjusted, and he encourages the City Council to review them this year. He said if the Council feels an adjustment is warranted, he would suggest the Council consider the change with an effective date of January 1, 1989. The Council directed the City Manager to place this item for discussion on the February 8, 1988, City Council agenda. RESOLUTION NO. 87 -251 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF BILL ELDRIDGE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Accepting Gift of Property and Authorizing the Mayor and City Manager to Execute Documents to Transfer said Property to the City of Brooklyn Center. Councilmember Lhotka asked why the City wants this property, and the City Manager said it is located in the flood plain and every few years the property ends up as tax forfeited property. The i 12 -28 -87 -5- frequent turnover results in much administrative work for the City. Councilmember Lhotka asked what use would be made of the property, and the City Manager said it would be left as open space in the flood plain. Councilmember Lhotka pointed out that if the City owns the property, it will be the City's responsibility to keep it clean of trash and maintain it. The City Manager reviewed the problems the City encounters now with the privately owned land. RESOLUTION NO. 87 -252 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT OF PROPERTY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE DOCUMENTS TO TRANSFER SAID PROPERTY TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. ORDINANCE The City Manager introduced An Ordinance Amending Chapter 25 Changing the Name of 57th Avenue North between Lyndale Avenue North and T.H. 100 and County State Aid Highway No. 10 between T.H. 100 and the West Corporate Limit to Bass Lake Road. He said this ordinance was first read on October 26, 1987, published in the City's official newspaper on November 5, 1987, and had a second reading and public hearing on November 23, 1987. He said consideration of the ordinance was then tabled to this evening's meeting. The City Manager recommended that the consideration of this ordinance again be tabled indefinitely to allow additional discussion with persons affected by the proposed change. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to table indefinitely An Ordinance Amending Chapter 25 Changing the Name of 57th Avenue North between Lyndale Avenue North and T.H. 100 and County State Aid Highway No. 10 between T.H. 100 and the West Corporate Limit to Bass Lake Road. The motion passed unanimously. DISCUSSION ITEM BROOKLYN CENTER GOAL SETTING PROCESS The City Manager highlighted information from M &C No. 87 -23 regarding the Brooklyn Center goal setting process initiated in May 1987. Mayor Nyquist said this is an excellent process and it should be continued. Councilmember Lhotka said he feels this process is well worth it. There was some discussion on how to proceed with establishing and setting final priorities, who should be involved in this process, and at what point. There was discussion on the degree of involvement of the advisory commissioners. The City Manager said this process will be a discussion item at one of the February 1988 Council meetings. In the meantime, he will notify the City's consultant to discuss various options for proceeding, and he will also develop a progress chart. LICENSES (CONTINUED) There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the on -sale intoxicating liquor license Class D (probationary license) for LaCasita Restaurant. The motion passed unanimously. 12 -28 -87 -6- There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the on -sale Sunday intoxicating liquor license for LaCasita Restaurant. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the off -sale nonintoxicating malt liquor licenses for Brooks Superette, Country Club Market, Country Store (Red Owl), Jerry's New Market, Super America No. 4160, Super America No. 4058, and Q Petroleum, provided all submit the proper documentation for licensure. The motion passed unanimously. DISCUSSION ITEM The City Manager noted the City Council received copies of the judge's order regarding the Bill Kelly House in which the court refused to grant a temporary injunction to the plaintiffs in this case. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:39 p.m. City Clerk Mayor 12 -28 -87 -7- l0 a - d MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: January 6, 1987 SUBJECT: Mayoral Appointments Please reference the attached memo dated December 10, 1987, regarding the status of advisory commissioner appointments. It is recommended that the city council approve the following appointments as derived from the information in the memo, as well as the new appointment of Bertil G. Johnson to the planning commission (application attached). The council should also consider appointment of chairpersons; those currently holding such positions are also listed, and complete advisory commission rosters are attached. HOUSING COMMISSION Appointments through 12- 31 -90: Ken Felger Philip Cohen Clifford Williams, Sr. HUMAN RIGHTS AND RESOURCES COMMISSION Appointment through 12- 31 -90: Louis Sullivan PARK AND RECREATION COMMISSION Appointments through 12- 31 -90: Arvid (Bud) Sorenson Larry Propst PLANNING COMMISSION Appointments through 12- 31 -89: Michael V. Nelson Molly Malecki Ann Wallerstedt Bertil G. Johnson CURRENT ADVISORY COMMISSION CHAIRPERSONS: Housing: Ken Felger Human Rights and Resources: Jayne Kuhar Park and Recreation: Arvid (Bud) Sorenson Planning: George Lucht MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: December 10, 1987 SUBJECT: Mayoral Appointments Several terms of appointment for advisory commissioners are due for consideration of reappointment by the mayor and city council. Each of the commissioners has been notified, and they have expressed their intentions on whether or not they wish to be reappointed. Below is a summary of these positions. HOUSING COMMISSION Ken Felger wants to be reappointed to serve through 12- 31 -90; current chairman Philip Cohen wants to be reappointed to serve through 12 -31 -90 Clifford Williams, Sr. did not respond to notification HUMAN RIGHTS AND RESOURCES COMMISSION Barry Wallerstedt does not want to be reappointed Louis Sullivan wants to be reappointed to serve through g 12 -31 -90 PARK AND RECREATION COMMISSION Arvid (Bud) Sorenson wants to be reappointed to serve through 12- 31 -90; current chairman Larry Propst wants to be reappointed to serve through 12 -31 -90 PLANNING COMMISSION Carl Sandstrom does not want to be reappointed Michael V. Nelson all want to be reappointed to serve Molly Malecki through 12 -31 -89 Ann Wallerstedt NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION Frances Gunberg does not want to be reappointed Also, attached are appointment applications from Myrtle Hall for either the Northwest Hennepin Human Services Advisory Commission or the Brooklyn Center Human Rights and Resources Commission. As Brooklyn Center has only two members on the NWHHSAC, I would strongly recommend she be appointed to serve on this commission for a term expiring 12- 31 -89. APPLICATIOI'1 FOR APPOINTMENT TO TIIE BROOKLYN CENTER PLANNING ADVISORY COMMISSION 1 . Name •e: r( ,'l 2. Address 9 3 3 z 5'7 -- j �, Z-� Ir, c/ > ( Phone . 3 /9`�> 3 3. How long have you been a resident? 4. List special interests, qualifications, experience which you feel relate to this appoin,ment: 12 ,ef -e a /Ly'.� ?r� i / ern {3 C/i'� C e3 �'�.�t�c / l ��.�✓J . `�' - continue on back - 5. Additional remarks concerning your ideas or observations on the role of the Commission: - Conti a on back - 6. Are you familiar with the purpose, authority, and responsibility of the Commission as described in the Zoning Ordinance? Yes No 7. Are you aware of the importance of regular Commission meeting attendance (normally twice a month on the 2nd and 4th Thursday nights) , and do you feel you have the time available to be an active participant? Ye S , No Comments: Senature Date Submit to: Mayor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 i� J z z- 1-,C51 vi , Ci% Yr.� -z y • 'ter ADVISORY COMMISSION ROSTER HUMAN RIGHTS AND RESOURCES COMMISSION - Chairman & 6 members - 3 year term 1. Jayne Kuhar, Chairperson 5. Lorna Seburg 6724 Aldrich Avenue North (30) 3101 64th Avenue North (29) (office 333 -3225) 566 -8631 (office 571 -6311) term expires -Dec. 31, 1988 term expires -Dec. 31, 1988 2. Agatha R. Eckman 6. Louis E. Sullivan 5624 Humboldt Avenue North (30) 2321 55th Avenue North (30) 560 -6825 560 -0135 (office 559 -9484) term expires -Dec. 31, 1988 term expires -Dec. 31, 1987 3. Donna Stoderl 7. Susan H. Larsen 5455 Emerson Avenue North (30) 5829 Shores Drive (29) 566 -9461 533 -3947 term expires -Dec. 31, 1989 term expires -Dec 31, 1989 4. Shirley McCumber 5500 Dupont Avenue North (30) 560 -8215 (office 566 -1221) term expires -Dec. 31, 1988 Gene Lhotka, City Council Liaison 6035 Lyndale Avenue North (30) Geralyn Barone, Secretary PARK & RECREATION CO _ MMISS ION Chairman & 6 members 3 y ear term 1. Arvid (Bud) Sorenson, Chairman 4. Dave Skeels P.S.A. III P.S.A. IV 6901 Toledo Avenue North (29) 6007 York Avenue North (29) 566 -4524 (office 635 -5627) 561 -8182 (office 370 -6282) term expires -Dec. 31, 1987 term expires -Dec. 31, 1988 2. Carl Manson 5. Donald J. Krefting P.S.A. II P.S.A. I 7100 Dupont Avenue North (30) 5821 Camden Avenue North (30) 561 -7179 (office 933 -7474) 566 -4077 term expires -Dec. 31, 1989 term expires -Dec. 31, 1988 3. Don Peterson 6. Larry Propst P.S.A. V P.S.A. I 3715 58th Avenue North (29) 5344 Russell Avenue North (30) 533 -5949 (office 478 -6125) 566 -7012 i term expires-Dec. 31 P 1989 term expires-Dec. 31 , 1987 7. Scott M. Burnes P.S.A. III 7031 France Avenue North (29) 566 -7265 term expires -Dec. 31, 1989 Bill Hawes, City Council Liaison 3612 53rd Avenue North (29) Geralyn Barone, Secretary 0 ADVISORY COIT%TISSION ROSTER PLANNING COMMISSION Chairman & 6 members - 2 -year term 1. George Lucht, Chairman 5. Wallace Bernards 5105 Brooklyn Boulevard (29) 5540 Bryant Avenue North (30) 535 -6270 560 -8658 term expires -Dec. 31, 1988 term expires -Dec. 31, 1988 2. Michael V. Nelson 6. Ann Wallerstedt 6930 Ewing Avenue North (29) 7001 Emerson Avenue North (30) 566 -0449 (332 -4300) 560 -2846 term expires -Dec. 31, 1987 term expires -Dec. 31, 1987 3. Lowell Ainas 7 6737 Noble Lane (29) 560 -7805 (office 830 -5998) term expires -Dec. 31, 1988 term expires -Dec. 31, 1989 4. Molly Malecki 4207 Joyce Lane (29) 535 -1928 term expires -Dec. 31, 1987 Ron Warren, Secretary NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION - 2 members - 2 -year term 1. Myrtle Hall 5730 Fremont Avenue North (30) 561 -8080; 344 -8352 (office) term expires -Dec. 31, 1989 2. John Casey 5833 Pearson Drive (29) 533 -3181 (office 544 -2721) term expires -Dec. 31, 1988 ADVISORY COMMISSION ROSTER HOUSING COMMISSION - Chairman & 8 members - 3 year term 1. Ken Felger, Chairman 5. Ronald Turner 2106 55th Avenue North (30) 2819 Nash Road (30) 566 -4291 (office 348 -3131) 561 -3571 (office 296 -5145) term expires -Dec. 31, 1987 term expires -Dec. 31, 1988 2. Dolores Hastings 6. Clifford Williams, Sr. 5813 Aldrich Avenue North (30) 5604 Lyndale Avenue North (30) 561 -3956 566 -4360 term expires -Dec. 31, 1988 term expires -Dec. 31, 1987 3. Ray Haroldson 7. Barb Jensen 1207 72nd Avenue North (30) 6539 Drew Avenue North (29) 561 -2092 (office 561 -3071) term expires -Dec. 31, 1988 term expires -Dec. 31, 1988 4. Philip Cohen 8. Todd R. Paulson 5501 Humboldt Avenue North (30) 3216 Poe Road (29) 560 -9265 (office 370 -3382) 561 -7638 term expires -Dec. 31, 1987 term expires -Dec. 31, 1989 Rich Theis, City Council Liaison 3006 Thurber Road (30) Brad Hoffman, Secretary Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the First Brookdale State Bank be and is hereby designated as the depository for the funds of the City of Brooklyn Center, Minnesota. BE IT FURTHER RESOLVED that the following named banks are hereby designated additional depositories to be used for investment ur oses: P P First National Bank of Minneapolis F &M Marquette National Bank of Minneapolis Norwest Bank Minneapolis First National Bank of St. Paul American National Bank of St. Paul First Western Bank Camden Norwest Bank First Minnesota Savings & Loan Association Midwest Federal Savings & Loan Association Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds in the named depositories to the extent that repayment is guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City, and approved by the City, by said depository. BE IT FURTHER RESOLVED that the persons generally authorized by the City Charter to act for the City in any of its business with the depository are any persons holding office from time to time as city manager y g r and city treasurer. All checks drawn upon an account of the City shall be signed by both of the above designated persons. BE IT FURTHER RESOLVED that the city manager is Gerald G. Splinter and the city treasurer is Paul W. Holmlund. 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: J RESOLUTION NO. _ RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: Celia Scott is hereby designated as a representative of the Association of Metropolitan Municipalities, and Gerald G. Splinter is hereby designated to :serve as alternate representative of the Association of Metropolitan Municipalities for the year 1988 and until their successor: are appointed. 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. is Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING MAYOR NYQUIST'S 1988 SALARY WHEREAS, Mayor Dean Nyquist served as Mayor of Brooklyn Center from 1978 through 1987 without salary compensation; and WHEREAS, Mayor Nyquist has officially requested that he not be compensated in 1988 for serving as Mayor of Brooklyn Center; and WHEREAS, the City Council is appreciative of Mayor Nyquist's gesture and wishes to acknowledge his request and formally direct that no salary be given him in 1988 for serving as Mayor of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct that Mayor Nyquist, at his own behest, not be compensated in 1988 for serving as Mayor of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded b member Y 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. Md Member introduced the following Is resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF FRAN GUNBERG WHEREAS, Fran Gunberg represented the City of Brooklyn Center as a member of the Northwest Hennepin Human Services Advisory Commission from February 27, 1987, to December 31, 1987; and WHEREAS, she served as secretary to the Northwest Hennepin Human Services Advisory Commission in 1986 and 1987; and WHEREAS, her ublic service and civic effort p for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Fran Gunberg is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following against gainst the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF BARRY WALLERSTEDT WHEREAS, Barry Wallerstedt served on the Brooklyn Center Human Rights and Resources Commission from January 13, 1986, to December 31, 1987; and WHEREAS, he actively participated in the preparation of reports from the commission to the City Council on Year 2000 Report assignments; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Barry Wallerstedt is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. M/ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF CARL SANDSTROM WHEREAS, Carl Sandstrom served on the Brooklyn Center Planning Commission from January 14, 1982, to December 31, 1987; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community hould be recognized co nized and expressed. g P NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Carl Sandstrom is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER U.S. CONSTITUTION BICENTENNIAL COMMITTEE AND ITS CHAIRMAN, BILL LAKOTAS WHEREAS, in 1986, the Brooklyn Center City Council appointed a Brooklyn Center U.S. Constitution Bicentennial Committee to plan for a local celebration recognizing the bicentennial in 1987 of the United States Constitution; and WHEREAS, the committee consisted of Chairman Bill Lakotas and members Fred Albright, Jacqui Albright, Kermit Klefsaas, Carl Lundstrom, Barb Sexton, Jerry Pedlar, Joy Anderson, and Allen Anderson; and WHEREAS, the committee planned and carried out numerous educational and celebratory activities commemorating the U.S Constitution; and WHEREAS, the committee was responsible for initiating the renaming of the community center's social hall to Constitution Hall and played a crucial role in selecting and obtaining the Constitution emblem now displayed in the hall; and WHEREAS, the public service and civic effort of the committee for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that the committee's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of the Brooklyn Center U.S. Constitution Bicentennial Committee and its chairman Bill La of k as is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -D (IMPROVEMENT PROJECT NO. 1985 -19, WATER UTILITY CONTROL SYSTEM) WHEREAS, pursuant to written Contract 1986 -D signed with the City of Brooklyn Center, Minnesota, DYNAMIC SYSTEMS, INC. has satisfactorily completed the following improvement in accordance with said contract: WATER UTILITY CONTROL SYSTEM IMPROVEMENT PROJECT NO. 1985 -19 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 $156,545.00 $156,545.00 Supplemental Agreement No.l 4,030.10 4,030.10 TOTAL $160,575.10 $160,575.10 2. 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 $160,575.10. BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: 1. There is appropriated the sum of $4,030.10 for additional costs. 2. The appropriation of $4,030.10 will be financed from the Utility Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I CITY 6301 SHINGLE CREEK PARKWAY OF BROOKL BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 q C ENTE EMERGENCY- POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: January 5, 1988 RE: Accepting Work Performed Under Contract 1986 -D Water SCADA System Improvement Project No. 1985 -19 Attached is a resolution accepting the work performed under Contract 1986 -D, the Water SCADA System, Improvement Project No. 1985 -19. Also attached is a copy of a memorandum dated February 13, 1987 regarding Supplemental Agreement No. 1. The attachment explains that the modifications in the Supplemental Agreement improved security and function, and was very reasonably priced. The City has had an excellent working arrangement with Dynamic Systems and with Robert Minnihan, president of the company. We are very satisfied with the system. It is therefore recommended that City Council adopt the attached resolution. sec u y— submitted, Apprpved,for submittal, 9 R � \ r ie Sy Knapp, City Engln er Director of Public Works HS /nl enclosures: cc: File 1986 -D Jim Norton, OSM rouui WIG M' TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: February 13, 1987 RE: Water Scada System Improvement No. 1985 -19 Contract 1986 -D Attached is my letter of January 21, 1987 to Jim Norton regarding modifications to the Scada system. The features listed in the letter were very desireable from the standpoint of security and function. Also attached is a copy of a letter from Robert Minnihan of Dynamic Systems, Inc. pricing the requested modifications. The table below shows the line cost of the 8 requested modifications. The total difference is $4,030.10. 1. Keyed switch at remote sites $ 0.00 2. Diaphragm horns at remotes 1,400.00 3. Programming to record intrusions 0.00 4. Cost of change from Medico (0.00) 5. Data transfer program 500.00 6. Keyed HOA switches Y 8 7. Keyed thumb wheel settings 480.00 8. Panel battery backup 834.90 Total $4,030.10 Jim Norton is on vacation but Dean Sharp of O.S.M. reviewed the costs and, in his opinion, the costs were reasonable for the modifications. In view of the fact that these modifications are reasonably priced and will enhance the security and function of the water Scada system I would recommend that we advise Orr -Schel en -Ma eron Associates to prepare the necessary Y P P Y Supplemental Agreement to make all of the changes listed above. So that we do not delay Dynamic Systems in the fabrication of their panel I -would further recommend that we advise them that they are to proceed at once with these modifications. HRS : j n A P P r iB O V Approved: DMEM2S Y.213 C'�y Manager DATE S' Date: Z c= DI a. 0 F C V V K5 CITY 6301 SHINGLE CREEK PARKWAY OF BB ROOK YN BROOKLYN CENTER, MINNESOTA 55430 L TELEPHONE 561-5440 CENTER EMERGENCY - POLICE - FIRE 911 January 21, 1987 Mr. Jim Norton Orr- Schelen- Mayeron & Associates 2021 East Hennepin Avenue, Suite 238 Minneapolis, Minnesota 55413 RE: Water SCADA System Improveme ' ct No. 1985 -19 Contrac - 986 -D Dear Jim: Pursuant to our conversation Friday, January 16, 1987, we have reached decisions on several items related to the operation of the Water SCADA System. These questions were raised in our meeting with Dynamic Systems. 1. The switch that disarms the intrusion alarm can be a Schlage five pin tumbler which retains the key. If a five pin tumbler is unavailable a four pin tumbler can be used. 2. The horns should be installed at every location. There should be a delay on the horn and a separate delay that reports the intrusion to the central panel. 3. We want the computer at the central panel to note that there was an intrusion and that the intrusion alarm was disarmed. The record would show the installation number, the time of the intrusion and the time the intrusion alarm was disarmed. 4. The difference in the cost of the switch and the cost of the modified operation should be taken into account as a credit for the horn and the modified operation. 5. The location of data on the IBM disc and its format should be documented so that a Lotus 1 -2 -3 Macro, Basic or Fortran program can read any panel display at any time and read any cumulative data at any time. 6. The key for the hand - off -auto switches should be the same as the key used to disarm the intrusion alarm. "74 5 rnau „ January 21, 1987 Page 2 7. All thumb wheel set points should be key operated so that no setting is modified. The key should be different than the key that operates the hand - off -auto switches and disarms the intrusion alarm. 8. A battery backup should be installed in the central panel to maintain the storage of all set point data. We also discussed the cost of investigating automatic controls to modulate the pressure and flow rate of Well No. 9 using the existing butterfly or a new diaphram valve, if necessary. After reviewing your quotation of $1,000 it is our decision that we will not investigate automated control of the pressure or flow rate of Well No. 9. If this summary does not agree with our conversation please advise me at once or leave a message with my office since I will be out Thursday and Friday. We expect p ct that we will get a price from Dynamic Systems to provide the features specified above before those features are incorporated in the work. We understand that time is of the essence for making these decisions and so we will do anything necessary to help expedite the decision process. Should you have any questions between now and Friday, January 23rd, 1987, please contact Sy Knapp. After the 26th I will be in the office. Should you have any questions please do not hesitate to call. Si rel H, purrier City ineer cc: File 1986 -D HRS : j n DOSM1.21 February 6 1987 Mr. Jim Norton Orr Schelen- Mayeron and Associates, Inc. 2021 East Hennepin Avenue Suite 238 Minneapolis, MN 55413 Re: Water Utility Control System (SCADA) Brooklyn Center, Minnesota Project No. 1985 -19 OSM Commission No. 3664 Serial No. 10471 Dear Jim: This letter is in response to a memo I received from you dated January 28, 1987, which enclosed a letter dated January 21, 1987, from the city of Brooklyn Center requesting revisions to this contract. Before I discuss these revisions, I would like to address one point. Section 16500 specifies, "The bypass switch shall be keyed to accept a key used for pump house entrance." No further details are provided regarding that switch. I bid this project assuming that a bypass switch was available as specified, based on a figure of $50 per key switch, which is the standard price for a keyed, electrical switch. It develops that the brand of key that you are using, Medico, is designed for physical door locks and does not have an option for an electrical switch as required for the bypass switch operation. The switch itself is priced at approximately $50, comparable to other switches and to what I had estimated; however, it is not available with the electrical switch. DYNAMIC S -7 INC. c.a, 6819 Washington Avenue South Minneapolis, MN. 55433 (612) 941.8747 Mr. Jim Norton 2 f February 6, 1987 t If the Medico switch was to be used, the only method of doing that would be to hand - fabricate an electrical switch to the mechanical lock. Obviously, hand - fabricating the assembly is much more expensive than a commercially available switch. Since there is not an electrical switch available as currently keyed, and since electrical switches available are commonly priced at my price of $50 per unit, I feel that there should be no contract change for providing an electrical switch arrangement with key that is commercially available. Furthermore, point No. 1 of the reference letter references a Schlage tumbler, but this type of lock is not compatible with a Hand -Off- Automatic switch operation nor is it commonly available in switch arrangements suitable for flush panel mounting in the use as intended. I, therefore, propose to use an electronic switch and lock combination that is commercially available vailable and is suited for the application of Hand-off -Automatic switches and bypass switch operation. This switch will match other switches on the panel and is manufactured by Telemecanique. As previously quoted, the cost to add a keyed switch separately keyed from the Hand- Off - Automatic switches that would prevent unauthorized changes to thumbwheel setpoints is $480.00. Also as previously quoted, the modifications to add an alarm horn of the diaphragm type would add $200.00 per panel, or $1400.00 for the seven remote panels. Point No. 3 of the reference letter requests special recording of intrusion and time of intrusion disarmament. The cost of the extra software to perform this will not be added in the spirit of a trade -off for the intrusion switch and other procedural changes. Point No. 5, a software package to allow the generation of a date file compatible to Lotus 1 -2 -3 is $500.00. This program would allow files to be written to a disk file for local use or for transfer to an off -line computer for more detailed analysis. In order to add keyed switches for the Hand - Off - Automatic switch, we would offer credit for the existing switches already installed- and install new keyed switches as discussed above. The price for the seven Hand- Off - Automatic switch conversions is $815.20. The cost to add a battery back -up in the central panel for storage of all setpoint data, including an automatic charger, installation, wiring, and drafting changes, would amount to $834.90. Mr. Jim Norton 3 February 6, 1987 I would appreciate knowing how we are to proceed on the above and on the questions raised in my letter of January 14, 1987, so that this work could be implemented in our software. As we have advised, our panels are proceeding toward completion and these points have become involved in our critical path for completion. Yours very truly, DYNAMIC SYSTEMS, INC. Robert J Minnihan RJM /sw cc: Mr.. Bo Spurrier City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 �a Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -C (COMMUNITY CENTER PAINTING PROJECT NO 1987 -05) WHEREAS, pursuant to written Contract 1987 -C signed with the City of Brooklyn Center, Minnesota, JMG Contracting Company has satisfactorily completed the following improvement in accordance with said contract: COMMUNITY CENTER PAINTING PROJECT NO. 1987 -05 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 $ 74,900.00 $ 74,900.00 Change Order No. 1 865.00 865.00 Change Order No. 2 Not Approved 0.00 Change Order No. 3 (2,500.00) (2,500.00) Change Order No. 4 120.00 120.00 Change Order No. 5 460.00 460.00 TOTAL CONTRACT $ 73,845.00 $ 73,845.00 2. The value of work performed is equal to the original contract amount plus approved change orders. 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 $73,845.00. 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. CITY 6301 SHINGLE CREEK PARKWAY OF EIBROOKLYN BROOKLYN CENTER, MINNESOTA 55430 j� TELEPHONE 561 - 5440 C EN T ER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 5, 1988 RE: Acceptance of Work Performed Under Contract 1987 -C (Community Center Painting, Improvement Project 1987 -05) Attached, for consideration by the City Council, is a resolution accepting the work performed by the JMG Contracting Company under Contract 1987 -C (i.e. - the painting and remodeling of the lower level of the Community Center). Following is a summary of the items covered b y the five Change Orders which were issued under this contract: Change Add (Deduct) Order No. Description of Chance Amount 1 Miscellaneous changes in $ 865.00 details of painting, trim brackets, etc. 2 Change wiring for sound system N/A (rejected by City - completed with City crews) 3 Cash reduction (credit) for (2,500.00) improper installation of tackboard. 4 Additional painting and trim 120.00 5 Additional carpet work 460.00 NET DECREASE IN CONTRACT ($1,055.00) As you know, we have had a substantial number of problems with achieving proper performance from this contractor. However, our project architect and I agree that all work, except the work on the tackboards, has now been completed to meet the minimum requirements of the plans and specifications. Regarding the tackboard problem, we have agreed to accept a $2,500.00 credit rather than to require that it be removed and replaced. Y:V Acceptance of Work Performed Under Contract 1987 -C Page two Accordingly, I recommend adoption of the attached resolution. Note Because of our continuing problems with remodeling projects, we are initiating a new policy for future remodeling projects, i.e. - in cooperation with the project architect a "pre -bid" conference will be conducted for all bidders. At that conference, the project plans and specifications will be reviewed in detail, and the procedural aspects of contract administration (i.e. - processing of contract documents; submittal and approval of shop drawings, material samples, color charts, etc; and supervision by the architect) will be outlined so that all bidders are fully aware of the project requirements prior to submitting their bid. Our specifications will provide that the City reserves the right to reject the bid of any contractor who has not attended the pre -bid conference. It is my opinion that, while this procedure will not guarantee the elimination of contract problems, many of the problems which we have experienced on recent projects could have been avoided with this procedure. Respectfully submitted, A 3 Sy Knapp, Director of Public Works SY /nl cc: File 1987 -C Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1988 WHEREAS, Resolution Nos. 74 -45 and 77 -113 provided for the annual adjustment of water assessment rates for non - single - family residential and single- family residential properties, respectively; and WHEREAS, said adjustment in water assessment rates is specified in said resolutions to be effective January 1 of each year; and WHEREAS, said adjustment is also specified in said resolutions to be in accordance with the annual change in the Twin Cities Consumer Price Index for the preceding month of October; and WHEREAS, the Consumer Price Index has changed the publication date from October to July for the Minneapolis - St. Paul area. WHEREAS, the City Engineer has reported to the City Council that the change in the Twin Cities Consumer Price Index from October, 1986 to July, 1987 was an increase of 1.01 percent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center Minnesota, that: 1. The water assessment rates effective January 1, 1988 shall be as follows: Assessment 1988 Rate Single Family Residences $2,628.00 per lot (includes service hookup) Frontage (front 135 feet) $26.78 per front foot Area (area outside front 135 feet) $8.31 per 100 square feet Service Hookup $619.00 per each 2. The water assessment rates shall be adjusted annually in accordance with the Consumer Price Index reported for the preceding July. 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: s RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE FURNISHING AND DELIVERY OF ONE (1) FRONT END LOADER WITH ACCESSORY EQUIPMENT WHEREAS, pursuant to an advertisement for bids for the furnishing and delivery of one (1) front end loader in accordance with the specifications approved by the City Council on November 23, 1987, the following bids were received and opened by the City Manager and Director of Public Works on December 22, 1987. Bidder Ziegler, Inc. Ziegler, Inc. Hayden- Murphy Equipment Co. Brand Name of Loader Caterpillar Caterpillar Model No. (New or Used) 950 -E (New) 950 -B (Used) a. Base bid for loader $138,788. $128,116. "NO BID" and accessories b. Trade -in for 2 City Units 28,825. 28,825. c. Net purchase price (a -b) 109,963. 99,291. d.' 5-Year maximum maint. cost 5,000. 5,000. e. Subtotal (c +d) 114,963. 104,291. f. Guaranteed re- purchase 62,000. 58,000. price of unit (after 5 yrs. of City use g. Net Total Cost Bid (e -f) 52,963. 46,291. AND WHEREAS, it is the opinion of the City Council that the best interests of the City of Brooklyn Center will be served by purchasing the used Caterpillar 950 -B unit as offered by Ziegler, Inc. at a Net Purchase Price of $99,291 and with a Total Cost Bid of $46,291. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The bid of Ziegler, Inc. to furnish and deliver one (1) used Caterpillar 950 -B front end loader, with accessory equipment as specified, at a Net Purchase Price of $99,291.00 and with a Total Cost Bid of $46,291.00 is hereby accepted RESOLUTION 2. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ziegler, Inc. on said basis provided g P said company complies in full with the approved specifications therefore. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 7, 1988 RE: Bids Received for Front End Loader On December 22, 1987, bids were received and opened for the furnishing and delivery of one (1) front end loader with accessory equipment (bucket, quick hitch, reversible snow plow and snow wing) in accordance with specifications as approved by City Council on November 23, 1987. Following is a summary of the bids received: Bidder Ziegler, Inc. Ziegler, Inc. Hayden- Murphy Equipment Co. Brand Name of Loader Caterpillar Caterpillar Model No. (New or Used) 950 -E (New) 950 -B (Used) a. Base bid for loader $138,788. $128,116. "NO BID" and accessories b. Trade -in for 2 City Units 28,825. 28,825. C. Net purchase price (a -b) 109,963. 99,291. d. 5 -Year maximum maint. cost 5,000. 5,000. e. Subtotal (c +d) 114,963. 104,291. f. Guaranteed re- purchase 62,000. 58,000. price of unit (after 5 yrs. of City use) g. Net Total Cost Bid (e -f) 52,963. 46,291. * Note: the 950 -B unit is identical with the 950 -E unit, except for the following items: a slightly smaller horsepower engine, slightly smaller tires, and a few insignificant other changes. Either unit meets or exceeds the City's specifications. M 19661ll'1M[61U Qi7 ~ i ,_ Bids Received for Front End Loader Page two Since receiving these bids I have reviewed the matter to determine the answer to two essential questions. Question No. 1 Why did we receive bids from only one dealer? and Question No. 2 Is the bid submitted by the one bidder (Ziegler, Inc.) a fair and reasonable bid? Why Was Only One Bid Received? As noted at the time that the "Total Cost Bid" (TCB) specification was submitted to the City Council, there are a number of dealers who, for various reasons will not submit bids based on TCB specifications. However, at least three dealers (Ziegler, Inc., Hayden Murphy Equipment Company and Case Equipment Company) have submitted bids based on TCB specifications by other governmental agencies within the past year. Hayden Murphy (who submitted a "No Bid" envelope at the time of the bid) and Case (who made no submittal) advise that their decision not to place a bid was based on the technical portions of the specifications, specifically relating to (1) the size of the unit specified and (2) the requirement that "the cab (for the operator) must be mounted on the rear module ". Regarding the size of the unit specified, both Hayden Murphy and Case advise that they are at a disadvantage because their models are either smaller than the specified size or substantially larger. While I agree that this is true, I believe that same statement can be made no matter what size is specified, eg. - no matter where we "draw- the - line ", it places one company in the advantage and all others at a disadvantage. In any event, I believe that the size specified is the proper one to best meet the City's needs. An explanation is also necessary regarding the requirement for the cab to be mounted on the rear module: All of these units are steered by pivoting around a pivot connection at the center of the machine. If the cab is mounted on the front module (i.e. - ahead of the pivot point) the operator is always aligned squarely with the loader bucket (when a bucket is attached). If the cab is mounted on the rear module (i.e. behind the pivot point) the operator remains aligned with the rear wheels. As noted, our specifications required that the cab be mounted on the rear module. This was specified for two reasons. (1) We believe that having the cab mounted in the rear unit is a better design - especially when the machine is used for snow plowing. While a front -mount cab has some advantages when the unit is used as a bucket loader, those advantages do not match the advantages gained by having a rear - mounted cab when the unit is used for snow plowing. Bids Received for Front End Loader Page three (2) The City now has two Caterpillar loaders, both of which have the cab mounted on the rear unit. One of these units is proposed to be traded in for the new loader while we intend to keep the other one for approximately another 10 years. If we purchased a loader with a front - mounted cab, we would have "one -of- each ". While we could operate on that basis, we believe it would create a definite safety problem because there are substantial differences in the operating characteristics of the two types. These differences are similar to the differences between front -wheel drive cars and rear -wheel drive cars - only more pronounced. While an operator can learn to operate either one safely, it can be dangerous to have an operator switch back and forth between the two. It is also noted that, while the specifications described a rear - mounted cab, the "Standard Terms" portion of the specifications provided the following: 8.2 SUBSTITUTES B2.1 The matVLZats, ptoudc,ts and equij meat descti.bed in the bidding documents estabtish a standa,td o' ,tape, 5unction and qua.Uty to be met b an no osed subs +'t n y y p p ti,�.�,c.ttica . B2.2 Unte.sz the pa�ttii.eutat speri6ica ion ptohib.its substiituti.on, bidders ate eneoutag ed to pro Nos z ma tv, , p�todue.ts o t equippment oy compa.tab�.e type, 3uncti.an and quaZity. B2.3 Sids bon zubstiitu,te -items shad„ be stated in the apptopnia,te b?.an,z on the bid Sonm, on i' the bid 6anm does no, contain bZanin So,t sub.6titu .Ions, on the bidder's Zettethe.ad attached tie tide bid Soltm. B.i.ddms shaLZ attach to tihe bid 6o.tm a z tatLment o6 the manuSac to ter and b.tand name o6 each pn.opos ed sub,st tuti.on plus a comp.Zetz desetipti.an o5 the ,item .i.nctud.ing dese,ti.pti.ve .Qiteh.atute, -iU_cs.t'•,ati.on,5, pet onmance and -tes.t data and anti o.therc injo,tmati on neeessanu 'a-t eva.Zuation. The bu,tdzn oS p oS the merit o5 the proposed zubstii.tutii.on is upon the b.i.ddeA. None of the suppliers elected to propose a substitution. Bids Received for Front End Loader Page four Reasonableness of the Ziegler Bid The question of whether the Ziegler bid is reasonable and provides a fair price to the City is difficult to answer with precision. However, I offer the following analyses for consideration by the City Council: Analysis No. l - Comparison to Caterpillar's List Price Ziegler's base price for the loader and bucket, with allowance for the cost of the snow plow and snow wing, is approximately 80% of the manufacturer's 1987 list price for this unit. I believe this is approximately normal for sales of heavy construction equipment to governmental agencies. Analysis No. 2 - Comparison to Bids for Similar Units to other Governmental Agencies Following is a summary of bids submitted by Ziegler, Inc. to other governmental agencies for furnishing and delivery of similar units (i.e. Caterpillar 950 front end loaders) during 1987: Approx. value Estimate Approximate Valued Value of Each Description of Total Accessory Unit With Date Agency Equip. Specified Base Bid Equipment Bucket Only 3 -10 -87 Henn. Cty 2 units with (no other buckets only. 1 bids unit with fork submitted) lift and 1 unit contract with bucket, snow awarded to plow & wing Ziegler (Total of 4 units) $447,309. $36,000. $103,000. 2 -11 -87 Veteran's 1 unit with Administration bucket only (3 other bids submitted) 115,086. - - - -- 115,086.* * Note this bid was submitted on the basis of a standard low bid specification. The contract was awarded to a lower bidder. 40 Bids Received For Front End Loader Page five 2 -19 -87 Duluth 1 unit with Airport regular bucket, Authority plus snow bucket (3 other plus misc. bids accessory equip. submitted (contract awarded to Ziegler) 135,714. 20,000. 115,000. Brooklyn 1 unit with Center Bid regular bucket plus snow plow and wing 138,788. 26,000. 113,000. While the Hennepin County bid indicates a substantially lower price per unit, the other two bids indicate prices comparable to the Brooklyn Center bid. Also,-it is my opinion (confirmed by conversations with other suppliers) that Ziegler's $28,525 trade -in bid for the City's used units is higher than the market value of those units. Analysis No. 3 - Review of Ziegler Bid with Another Supplier Attached hereto is a "Note to File" which summarizes a discussion I held with the sales representative for the Hayden Murphy Equipment Company following the bid opening. In that discussion that sales representative advised me that, in his opinion, Ziegler's profit margin under their basic bid, would be approximately $10,000 more than normal for this type of bid. However, I believe that this statement conflicts with another statement that his price for a smaller unit (which would be substantially smaller than the Caterpillar unit) would have been only approximately $15,000 lower than Ziegler's bid for the Caterpillar 950. I believe that a correct analysis lies somewhere between those two statements. Summary Based on my analysis, it is my opinion that: 1. The City's technical specifications are proper to assure receipt of a unit which best fulfills the City's needs. 2. The use of the Total Cost Bid specifications provides the City with "lemon- ii,,urance" at a small additional front end cost. 3. While only one supplier submitted a bid, other suppliers had the opportunity to do so, but chose not to. Bids Received For Front End Loader Page six 4. While the bid submitted by Ziegler is not a bargain price, I believe that it is a fair and reasonable one. Consideration of Bid for "Used" Unit As shown in the tabulation above, the Ziegler Company submitted bids for a "new" unit and for a "used" unit. The used unit offered is one of eight such units which are currently being rented from Ziegler by the Metropolitan Airports Commission. If the City elects to purchase one of these units, we will be allowed to have our choice of these units; the unit will have been used less than 500 hours; and it will be covered by a full warranty. Based on Ziegler's bid, the net purchase cost of the used unit will be $10,672 lower than a new unit; and the guaranteed repurchase price would be only $4,000 lower, so that the Total Cost Bid is $6,672 lower. It is also noted that the 1988 budget provides $100,000 for the net purchase price of this unit. This was estimated on the basis of a $135,000 base bid, with an estimated $35,000 trade -in value for our used equipment. However, it has been determined that the $35,000 trade -in value was in error Lecause it was based on the wrong piece of equipment, i.e. - our newer (1969) motor grader instead of our older (1956) motor grader. Because purchase of the used unit offers the City its lowest total cost, and because the unit can be purchased within the available budget funds, I recommend that the City accept Ziegler's bid for the used unit. A resolution for that purpose is provided for consideration by the City Council. Respectfully Submitted, S Kn� Y PP SK /nl cc: P.J. (Pete) Mikelson (Hayden Murphy Equipment Company) Tom Reddin (Ziegler, Inc.) TO: Front End Loader Bid File FROM: Sy Knapp, Director of Public Works DATE: December 30, 1987 RE: Meeting with P.J. (Pete) Mikelson of Hayden Murphy Equipment Company Telephone: 884 -2300 (W) 533 -1895 (H) At a meeting today with Pete Mikelson to discuss the results of the bid opening, Mr. Mikelson made the following comments: 1. To meet the specifications for size of unit, Hayden- Murphy would have had to bid a larger unit, (i.e. - a 40,000 lb unit with 200 H.P) ". Mr. Mikelson stated that his bid for this unit, based on a minimum profit margin, would have been: Base bid = $139,000 ( +) Trade In = 20.000 ( -) Net Purchase Price = $119,000 ( +) 2. Their next smaller unit (Model No. 530) would not meet the specs, and could only be equipped with a 10' long plow and a 10' long wing. Their bid for this unit would have been approximately $15,000 lower than Ziegler's bid for the Cat 950 loader. 3. The cost for accessory equipment is approximately as follows: Equipment Complete F.O.B. Factory including Freight (Base Price) and Installation Bucket with Hitch $12- 13,000 $15,000 Plow and Wing 15- 16,000 20,000 4. Both Hayden Murphy and Case Equipment Company do currently submit bids based on Total Cost Specs, when they can meet the technical specifications. However, in this case they "were not allowed" because of the requirement that the operator be in rear unit. Meeting with P.J. Mickelson Page two 5. Mr. Mikelson advised me that the trade -in prices bid by Ziegler are substantially higher than the actual value of these units (don't expect to get any better offers). 6. Mr. Mikelson advised me that, in his opinion, the City should definitely exercise its option to sell back the equipment at the end of the 5 -year period. (i.e. - if we proceed with purchasing this unit on the TCB basis) . 7. Mr. Mikelson acknowledged that used Caterpillar equipment has a g P substantially higher trade -in value than any other brand within the industry. 8. Mr. Mikelson acknowledged that Caterpillar equipment is of excellent quality. 9. Mr. Mikelson stated that his only concern is that the specifications "allowed only one bid" - thereby allowing Ziegler to submit a "fat bid ". He estimates that Ziegler's profit margin for this unit will be $20- 25,000, while most dealers would submit bids based on a $10- 15,000 profit margin. M & C NO. 88 -01 IA L +M January 6, 1988 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Development of Preliminary Plans for the Park Properties on Twin Lake and Kylawn Preserve To the Honorable Mayor & City Council: As a part of the approval process for the 1988 Budget, your staff and the Park and Recreation Commission recommended, and you authorized, appropriations for preliminary studies of the uses and development of park land on Twin Lake and the Kylawn Preserve area. In your agenda materials for the meeting of January 11, 1988, you will find proposals and resolutions approving contracts for these planning services by Westwood Planning and Engineering Company. In the proposals by Westwood Engineering is contained an analysis of the proposed work and a description of the final documentation. In these descriptions you will note that this is some very basic information collection and analysis as this type of work has not been completed on these park lands previous to this date. As a part of the preliminary planning for the park bond issue in the early 1980's, this general type of analysis was completed on other park lands in the City. At that time these lands were • excluded and now as a part of the general review of the final elements in our park plan, we are proposing to complete this initial planning effort. This analysis will be more complex than some of our other preliminary park analysis because it involves some difficult problems in the area of Twin Lake Park (lack of parking and the beach); the fact that we will have to be working with and coordinating with adjacent communities (City of Robbinsdale and the City of Crystal) ; and both of these studies involve flood plain and drainage situations. Upon completion of these analyses, Brooklyn Center will have the base documents and data and a listing of options for feasible types of development to consider. Because these park lands adjoin our neighboring communities, it would be wise for us to spend additional time in coordinating our efforts with Crystal and Robbinsdale. Because of the need for this coordination and the complexity of some of the issues involved in these projects, I would anticipate the earliest date for considering any development on these sites would be the 1989 construction season. Respectfull s b itted, Gerald G. Sp nter City Manager Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING THE PROPOSAL OF WESTWOOD PLANNING AND ENGINEERING COMPANY TO PROVIDE PLANNING SERVICES RELATING TO "THE PRESERVE" WHEREAS, the Brooklyn Center Park and Recreation Commission has recommended that a study of "The Preserve" area of the City be done to define goals, develop management and usage policies, and outline the improvements and operations necessary for implementation of the management and usage plan; and WHEREAS, the City Manager has obtained a proposal from the Westwood Planning and Engineering Company to conduct such study at an estimated total cost of $3,800; and WHEREAS, the 1988 budget for Division 61, Recreation and Parks Administration of the General Fund provides funding for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The proposal submitted by the Westwood Planning and Engineering Company is hereby accepted and approved. 2. The Mayor and City Manager are hereby authorized and directed to execute an agreement with Westwood Planning and Engineering Company to conduct said study. 3. The costs for conducting this study shall be charged to Division 61, Recreation and Parks Administration of the General Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. WESTWOOD PLANNING & ENGINEERING COMPANY June 4, 1987 Mr. Arne Mavis City Recreation Director 6301 Shingle Creek Pkwv. Brooklyn Center, MN 55430 RE: Planning Services Proposal, the "Preserve" Dear Mr. Mavis: Based on our meeting last month I have prepared this proposal for the City's consideration. At this time it is a generalized approach and would benefit from City review and comment prior to entering into an agreement. I have provided it as an approximate cost which you can budget for and a basis for further refinement. 1. Data Collection - Planning Data (park system plans, studies, lease conditions, etc.) - Site Data (property map, topography, site improvement plans at Kylawn, etc.) - Detailed site investigation (review vegetation, wildlife, usage, etc.) - Collect and review data on land usage and improvements in Crystal. Prepare a base map. Z. Analysis of data into "findings" dings statements - Outline conflicting goals statements. - Outline commom goals or opportunities. - Develop alternative management policies for review and discussion with the City. 3. Develop Usage Concept - Review selected policies with Crystal staff. - Develop a summary management and usage policy and outline the improvements and operations necessary for implimentation. Final products would be a report with limited graphics. The process of coordination with other agencies and presentation of findings to the Park Commission and /or Council may be more meaningful than the report itself. The report however, is the record of the process and could be the beginning point of a development planning and design process. t 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 546-0155 Mr. Arne Mavis June 4, 1987 Pace 2 COST OF SERVICES The cost can be refined once this proposal has been reviewed by the City. At this time our proposal is hourly as incurred using the attached hourly rate schedule toward the fees estimated here: 1. Data Collection (assuming the City provides all mappings) and Base Map. $1000.00 2. Analysis of Data (findings statements) $ 800.00 3. Develop Usage Concept $1200.00 4. Report Printing Budget $ 200.00 5. Presentations and Meetings Budget 6 Meetings $ 600.00 TOTAL ESTIMATED FEE: $3800.00 TIMING It is our understanding that this work will not likely be initiated until 1988. We suggest that the contract be awarded at a time which will allow some winter evaluation of the site. We will look forward to hearing from you about this project. The attached fee schedule is valid until next May; if notification to proceed comes late enough to involve work under a future Westwood charge schedule that increase in hourly time charges will be added. Respectfully Submitted, WESTWOOD PLANNING & ENGINEERING COMPANY liW1 &bu- Tim Erkkila, ASLA Vice President, Planning Approved by Brooklyn Center City Council: TE:ls Date Attachment Accepted for the City of Brooklyn Center By: Mayor and BY: City Manager WESTWCOD PLANNING & ENGINEERING COMPANY FEE SCHEDULE FOR PROFESSIONAL SERVICES MAY 1, 1987 In general, where it is possible to determine in advance the Scope of a Project and the time and effort the Project will require, the fee basis for Engineering Services will be a percentage of construction cost or lump sum. Where this is impossible, because of the complex nature of work tasks that are variable in nature and where the time required is controlled by the Client, citizen involvement and environmental problems; where the time requirement is beyond the control of the Consultant, the following fee schedule will apply. Classification Hourly Rate Principal Engineer ...... ............................... S 63.00 Principal Planner /Landscape Architect .................. 63.00 Senior Project Planner /Landscape Architect ............. 54.00 ProjectEngineer ....... ............................... 50.00 Project Landscape Architect ............................ 50.00 En gi n ee r ................ ............................... 46.00 Landscape Architect / Planner ............................ 46.00 Senior Engineering Technician 39.00 Engineering Technician 32.00 Associate Landscape Architect .......................... 38.00 Planner................................................ 30.00 Draftsman.............................................. 30.00 T ypist.................. ............................... 22.00 Senior Construction Coordinator ................ ,...... 42.00 Construction Observer.... 38,00 Two -Man Survey Crew...., 65.00 Three -Man Survey Crew ... ............................... 80.00 Computer Rate.. 30.00 Computer Draftsman ...... ............................... 38.00 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55425 (612) 546-0155 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING THE PROPOSAL OF WESTWOOD PLANNING AND ENGINEERING COMPANY TO PROVIDE PLANNING SERVICES RELATING TO TWIN LAKES WHEREAS, the Brooklyn Center Park and Recreation Commission has recommended that a study of the Twin Lakes area of the City be done to define goals, develop management and usage policies, and outline the improvements and operations necessary for implementation of the management and usage plan; and WHEREAS, the City Manager has obtained a proposal from the Westwood Planning and Engineering Company to conduct such study at an estimated total cost of $8,000; and WHEREAS, the 1988 budget for Division 61, Recreation and Parks Administration of the General Fund provides funding for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The proposal submi.:ted by the Westwood Planning and Engineering Company is hereby accepted and approved. 2. The Mayor and City Manager are hereby authorized and directed to Y Y g Y execute an agreement with Westwood Planning and Engineering Company to conduct said study. 3. The costs for conducting this study shall be charged to Division 61, Recreation and Parks Administration of the General Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. WESTWOOD PLANNING 6C NG & ENGINEERING COMPANY June 4, 1987 Mr. Arne Mavis City Recreation Director 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 RE: Planning Services Proposal, Twin Lakes Dear Mr. Mavis: Based on our meeting last month I have prepared this proposal for the City's consideration. At this time it is a generalized approach and would benefit from City review and comment prior to entering into an agreement. I have provided it as an approximate cost which you can budget for and a basis for f urther refinement SERVICES 1. Data Collection - Lake overview (depth maps, fish specie inventory, water quality, etc.) - Planning data (park system plans, studies, etc.). - Site data ro er (p p ty maps, plans, . to o, etc.). ) - on site investigations at each site. - collect and review data from other agencies (Crystal, Robbinsdale and D.N.R.). - Prepare a base map. 2. Analysis of data into "findings" statements - Outline conflicting goals or site conditions (land and water). - Outline commom goals or opportunities. - Develop alternative management policies for review and discussion. 3. Develop Usage Concept - Review selected policies on usage with adjacent communities (staff level). - Amplify on specific changes needed to achieve usage concept for both land (all parcels) and water. Included in this would be parcel by parcel recommendations. Final products would be a report with limited graphics. The process of coordination with other agencies and presentation of findings to the Park Commission and /or Council may be more meaningful than the report itself. The report however, is the record of the process and could be the beginning point of 1 a development planning and design process. 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 5160155 Mr. Arne Mavis June 4, 1987 Page 2 COST OF SERVICES The cost can be refined once this proposal has been reviewed by the City. At this time our proposal is hourly as incurred using the attached hourly rate schedule toward the fees estimated here: 1. Data Collection (assuming the City provides all mappings) and Base Map. $2000.00 2. Analysis of Data (findings statements) $2800.00 3. Develop Usage Concept $1800.00 4 Report Printing tinting Budget $ 40(1.00 5, Pre sentations and Meetings Budget 10 Meetin s $1000.00 TOTAL ESTIMATED FEE $8000.00 TIMING It is our understanding that this work will not likely be initiated until 1988. Vie suggest that the contract he awarded at a time which will allow some winter evaluation of the lake; including observations on usage and depth checks through the ice (which are easier to do in the winter). We will look forward to hearing from you about this project. The attached fee schedule is valid until next May; if notification to proceed comes late enough to involve work under a future Westwood charge schedule that increase in hourly time charges will be added. Respectfully Submitted, WESTWOOD PLANNING & ENGINEERING COMPANY f a'va �/�l Tim Erkki la, ASLA Vice President, Planning TE:ls Approved by Brooklyn Center City Council: Attachment Date: Accepted for the City of Brooklyn Center: By: Mayor and By: City Manager WESTWO D 0 PLANNING & ENGINEERING COMPANY FEE SCHEDULE FOR PROFESSIONAL SERVICES MAY 1, 1987 In general, where it is possible to determine in advance the Scope of a Project and the time and effort the Project will require, the fee basis for Engineering Services will be a percentage of construction cost or lump sum. Where this is impossible, because of the complex nature of work tasks that are variable in nature and where the time required is controlled by the Client, citizen involvement and environmental problems: where the time requirement is beyond the control of the Consultant, the following fee schedule will apply. Classification Hourly Rate Principal Engineer...... $ 63.00 Principal Planner /Landscape Architect .................. 63.00 Senior Project Planner /Landscape Architect ............. 54.00 ProjectEngineer ....... ............................... 50.00 Project Landscape Architect ............................ 50.00 Engineer ............................... 46.00 Landscape Architect/ Planner 46.00 Senior Engineering Technician .......................... 39.00 Engineering Technician....... ..... 32.00 Associate Landscape Architect .......................... 38.00 Planner ................................................ 30.00 ............................ Draftsman ............... ............................... 30.00 Typist .................. ............................... 22.00 Senior Construction Coordinator 42.00 ConstructionObserver ... ............................... 38.00 Two -Man Survey Crew..... 65.00 Three -Man Survey Crew ... ............................... 80.00 Computer Rate .......................................... 30.00 Computer Draftsman ...... ............................... 38.00 705 NV"ZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 5460155 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATION FOR POLICE DEPARTMENT WORK STATION WHEREAS, the 1988 budget provides an appropriation of $8,372.00 within the police division of the General Fund for office work station; and WHEREAS, such furniture items are available to Brooklyn Center through government service contracts for: Vendor Quotation Westinghouse Electric Company $7,784.01 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation of Westinghouse Electric Company in the amount of $7,784.01 is hereby accepted. Date Mayor ATTEST. Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Gerald G. Splinter FROM: Brad Hoffman, HRA Coordinator.' . t DATE: 1/4/88 SUBJECT: Police Department Office Furniture I am recommending the proposal of Metro Systems Furniture for work stations in the police department as approved in the 1988 budget. The office divisions are from Westinghouse Furniture Division. The quote is a GSA contract price representing a 53% discount off the suggested retail price. The total cost to the City including installation is $7,784.01. The amount appropriated for this item was $8,372. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION IN SUPPORT OF INCREASING FUNDING FOR THE NORTHERN MAYORS' ASSOCIATION WHEREAS, the City of Brooklyn Center is a member of the Northern Mayors' Association; and WHEREAS, the Northern Mayors' Association was formed in 1985 with a stated mission as follows: The mission of the Northern Mayors' Association is to initiate actions, provide leadership and commit the resources necessary to insure the equitable distribution of economic development, shared tax resources and uniform investment in public facilities throughout the metropolitan community. We value the equal opportunity for all residents to enjoy the same quality of life. WHEREAS, the Northern Mayors' Association ciation has to date been effective in increasing communications, coordination and mutual support in matters which affect the northern metropolitan area; and WHEREAS a steering r g committee was established to determine how the Northern Mayors' Association could more effectively lobby at the various levels of governmental decision - making to achieve the area goals in transportation and economic development and to coordinate and avoid duplicating the efforts of numerous organizations in the area of transportation; and WHEREAS, the steering committee has presented a budget for the Northern Mayors' Association of 100 000 Y $ to hire full- time staff and operate an office or to retain competent consultants to represent the association; and WHEREAS, the Northern Mayors' Association recognizes that additional funds will be needed for promotional purposes, and the report adopted by the association proposes to raise additional funds from the private sector either in cash or in- kind contributions on an as- needed basis; and WHEREAS, the Northern Mayors' Association member mayors agreed with the recommendation of the steering committee and agreed to take the proposal back to their respective city council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center agrees with the recommendation of the Northern Mayors' Association to provide funding for a full -time RESOLUTION NO. staff (or consultant) to further the lobbying efforts in the are y g a of transportation and economic development of the northern suburbs. BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center agrees to participate in the cost of increasing the lobbying effort by agreeing to pay increased dues for 1988 when billed by the Northern Mayors' Association, it being understood that the projected dues for the City of Brooklyn Center for 1988 are $7,033. 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 Y p adopted. 5000 85th AVENUE NOATr: BHOOHL`I 1 EAHH, �1%1N. 55443 / 512 - 424 - 8000 CITY CF - BR00}4LYN December 28, 1987 Mayor Dean lyquist 5637 Brooklyn Boulevard Brooklyn Center, MN 55429 Dear Mayor Nyquist: As you know, the Northern Mayors' Association has been in existence for more than two years and it has had some success in voicing our concerns to state legislators. it is obvious, however, that not enough resources are available to achieve our Transportation goals and to - romote economic roT;ath �n the northern suburbs. i A Steering Committee was formed to investigate what resources are needed to achieve our objectives. Attached is a copy of the Committee's report which was wholeheartedly accepted and approved by the Board of Directors on December 21, X337. �..e report indicates an annual budget of $100,000 from member cities to be supplemented by funds generated from the private sector. Fifteen of our 21- member cities were present at the meeting and unanimously agreed to the need of strong_ Support for Chis program. Concern for a timely commencement Q; .his nroj�-ct ,, expressed in order to have an impact ;ita she 1338 state legislature starting this January. We strongly encourage your city to adopt the enclosed resolution as soon as possible and return the resolution to the 'dort. Mayors' Association (c /o Charles Darth, City of Brooklyn Park, 5800 85th Avenue North, Brooklyn Park, "IN 55443) by February 15, 1988. If you have any questions, please do not hesitate to contact me (560- 8022), Doug Reeder (420 - 4000), or Hank Sinda (633 -1533) . Sincerely, ;JY es J. Krautkremer cc: Gerald Splinter, City Manager Enclosures JK /zao NORTHERN MAYORS' ASSOCIATION STEERING COMMITTEE REPORT On November 3, 1987, Bob Thistle, Chairman of the Opera- ting Committee appointed a committee to form a strategy for coordinating the promotion of transportation improvements and economic development in the north metro area. Committee members are: Hank Sinda, City of New Brighton, Chair Rich Johnson, City of Blaine Gerald Splinter, City of Brooklyn Center Jock Robertson, City of Fridley Mark Sievert, City of Dayton Bob Thistle, Coon Rapids Bill Barnhart, Minneapolis Al Hofstedt, Coon' Rapids Statement of Problem The East Metropolitan cities have organized and raised $250,000 for marketing gad promotion in the east metro area. A southwest group of cities have also organized and have raised funds to lobby for transportation improvements in the southwest metro area. Findings of the Steering Committee 1. The goals of the Northern Mayors' Association are to promote transportation improvements and economic development in the north metro area. 2. There needs to be a coordinated effort between the Northern Mayors' Association cities and the follow- ing community organizations: A. North Metro Crossing Coalition B. Anoka County Chamber of Commerce (task force) C. North Metro Convention and Tourism Bureau D. Brooklyn Center Chamber of Commerce E. New Brighton Chamber of Commerce F. Fridley Chamber of Commerce G. North Metro Traffic Task Force H. Anoka County Economic Development Partnership I. Greater Minneapolis Chamber of Commerce J. North Hennepin Chamber of Commerce K. Robbinsdale Chamber of Commerce L. And each member city in the Northern Mayors' Association NORTHERN MAYORS' ASSOCIATION STEERING COMMITTEE REPORT Page Two 3. Primary transportation projects are: A. Light rail transit B. Highway 10 by -pass (from Highway 610 to I -35W) C. 610 Crosstown (Highway 10 to I -94) D. Highway 100 (upgrade to freeway status) E. Widen I -694 F. Another river crossing between Anoka County and Hennepin County G. Monitor metro airport facilities 4. Primary economic development projects p p sects are: A. Northern athletic facility B. Attract anchor industries C. Stimulate support service business D. Encourage a metro resort in the northern area E. Develop a multi -city economic package 5. The Northern Mayors' Association should raise $100,000 through member cities -- the private sec- tor providing additional funding and in -kind assis- tance. 6. A staff person and clerical support staff should be hired to coordinate efforts to achieve the organi- zation's goals. 7. The staff, along with appointed committees, will work to achieve the goals of the organization: A. Identify funding sources for transportation projects such as assessments, transportation utilities, grants, tolls, gas tax, TIF, pri- vate donations, other contributions, B. Develop a strategic plan to achieve those goals, and C. Implement the plan. NORTHERN MAYORS' ASSOCIATION 12 -15 -87 JOINT POWERS AGREEMENT PROPOSED ANNUAL DUES BY COMMUNITY BASED ON $100,000 BUDGET (50% PER CAPITA, 50X VALUATION, EXCEPT MINNEAPOLIS WHICH HAS A FIXED RATE) DUES BASED ON ESTIMATED DUES ESTIMATED ASSESSED BASED ON ASSESSED TOTAL CITY POPULATION VALUE POPULATION + VALUE = DUES ----------------------------------------------------------------------------------- Andover 12095 $ 59731224 $ 1249 $ 969 $ 2218 Anoka 16275 95587713 1681 1550 3231 Blaine 35566 185620480 3673 3010 6682 Brooklyn Center 29759 - 244194282 3073 3960 7033 Brooklyn Park 52392 334549184 5410 5425 10835 Champlin 13261 61706617 1369 1001 2370 Circle Pines 4705 21316660 486 346 832 Columbia Heights 19430 118093075 2006 1915 3921 Coon Rapids 44599 253781 4605 4115 8720 Crystal 25009 135666772 2583 2200 4782 Dayton 4247 19086941 439 309 748 Fridley 29310 258349173 3027 4189 7216 Maple Grove 33449 213235200 3454 3458 6912 New Brighton 23324 159883707 2409 2447 4855 New Hope 22785 178619476 2353 2896 5249 Ramsey 11706 53969552 1209 875 2084 Robbinsdale 14528 86744511 1500 1407 2907 St. Anthony 8305 66298492 858 1075 1933 Shoreview 23473 169883738 2424 2755 5179 Spring Lake Park 6720 37062856 §94 601 1295 ---- - - - - -- ----- - - - - -- -- - - - - -- -- - - - - -- --- - - - - -- SUBTOTAL 430938 $2744380663 $ 44500 + $ 44500 = $ 89000 Minneapolis (fixed) 11000 TOTAL $ 100000 MULTIPLIERS 44500 ----- - - - - -- VALUATION 0.0000162 POPULATION 0.1032631 NOTE: Contributions may increase by 10 to 20 percent if not all communities participate. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of January , 1987 , a t 7:30 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending the Brooklyn Center City Charter. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Section 6.02, Subdivision 3. (b) of the Brooklyn Center City Charter is hereby amended as follows: Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER Subdivision 3 • (b) The Fire Chief shall be a volunteer [ who] shall be appointed from the members of the [Volunteer] Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this subdivision. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adopted this day of Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) 1 w MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 17, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:30 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, Lowell Ainas, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Nhry Lou Larsen. Chairman Lucht stated Commissioner Sandstrom was unable to attend this evening's meeting and was excused. APPROVAL OF MINUTES - November 12, 1987 Motion by Commissioner Ainas seconded by Commissioner Nelson to approve the minutes of the November 12, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Bernards. Voting against: none. Not voting: Commissioner Wallerstedt, as she did not attend that meeting. The motion passed. APPLICATION NO. 87028 (Wary Korsenowski) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary registered land survey approval to resubdivide into three tracts the old Cook Paint site, the site of Omni Tool to the east, and two small vacant tracts in between. The Secretary reviewed the staff report (See Planning Commission Information Sheet for Application No. 87028 attached). The Secretary stated a public hearing is required, the proper notices have been sent and the applicant is present to answer any questions the Commission might have. Commissioner Bernards asked if the roadway easement is a City or County responsibility. The Secretary stated it is the owner's responsibility, but may have been intended for access to the Soo Line Railroad. The City Engineer stated anyone who has an interest in the property has an interest in the roadway. The Secretary explained that after the Federal Lumber fire some easements were vacated except for the utility easement. Chairman Lucht called on the applicant to speak. Alan Stiegler, an attorney representing Mary Korsenowski of K and K Sales, stated he was not aware of any easement problem until this evening. He explained that his client is only asking for a division of the property so that it can be sold to Omni Tool. Mr. Stiegler stated it is his understanding that the other neighboring property owners would have to agree to vacate the easement and he is sure they would not want to give up that right. He noted that it is his feeling that Omni Tool should be able to use the easement for parking. The City Engineer stated that the easement is private, but the City has an interest in 48th Avenue North and that the easement divides the Omni Tool parcel. He stated 12 -17 -87 _1_ the City could not stop Thompson Lumber from constructing a roadway and that a roadway easement entitles the property owner to get from one point to another. Mr. Stiegler stated they can do that right now and does not understand why the City is trying to prevent his client from selling the property to Omni Tool. The City Engineer stated the City's concern is that a nonconforming lot may be created. The Secretary stated the City is only asking for a clarification and a title opinion to protect the easement. Mr. Stiegler responded that he is sure his client would be willing to sign an agreement with other property owners regarding the easement. He stated that his client, K and K Sales, does not intend to expand, but Ommni Tool does. The Secretary stated the arkin has to be on -site parking. Mr. Stiegler state that an agreement P g d P g g will be drawn up for parking purposes only. The City Engineer stated that one condition should be added so that a resubdivision of Tract E will not be done in the future to prevent a nonconforming lot from being created. He would need to get an opinion from the City Attorney as to what that easement is. PUBLIC HEARING Chairman Lucht opened the meeting for a public hearing and asked whether anyone present wished to speak. Walter Waffensmith, a representative of Omni Tool, stated that the easement had not been used for several years. He stated his company would like to add another 12,000 sq. ft. to its building, but would need more parking. ACTION RECOMMENDING TABLING APPLICATION NO. 87028 (Nary Korzenowski) Motion by Commissioner Nelson seconded by Commissioner Ainas to table Application No. 87028 and continue the public hearing to the next Planning Commission meeting to resolve the easement question. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 87027 (Dr. John B. Lescault) The Secretary introduced the next item of business, a request for a variance from the Sign Ordinance to allow a 32 sq. ft. freestanding sign at his residence at 61+2 Brooklyn Boulevard. The Secretary reviewed the staff report (see Planning Commission Information for Application No. 87027 attached). The Secretary stated there is a public hearing required and that the proper notices had been sent. Chairman Lucht asked what size sign could be obtained if Dr. Lescault's property was zoned commercial. The Secretary responded that under the Sign Ordinance a maximum of 36 sq. ft. would be allowed if the property were zoned Cl. The Secretary stated there have been eight home occupations on Brooklyn Boulevard over the years and that each one had been able to live with the sign ordinance requirements for home occupation signs. Dr. Lescault explained he had contacted a sign contractor and had been told that 32 sq. ft. sign would give the best exposure for his business on a major thoroughfare, but that he was only asking for a larger sign. He stated he was not aware of eight home occupations on Brooklyn Boulevard. He explained that with his special use permit he has the right to bring in another doctor, but has not yet done so and that there would be no room on the existing sign to add a new name. He feels he is in a transitional area and should be allowed a larger sign. 12 -17 -87 -2- Chairman Lucht stated he felt Dr. Lescault is asking for a rezoning of the property from R1 to commercial. He stated if a larger size is granted in this case, all residents with home occupations may ask for the same consideration and that he is opposed to any changes in the Sign Ordinance. A brief discussion ensued regarding the need for a variance. PUBLIC HEARING Chan Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Ainas to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 87027 (Dr. John B. Lescault) Motion by Commissioner Ainas seconded by Commissioner Nelson to recommend denial of Application No. 87027 on the grounds that the applicant has not demonstrated that the qualifications for obtaining a variance from the Sign Ordinance contained in Section 34 -180 of the City Ordinances have been met particularly in the following ways: 1. The hardship cited by the applicant is not unusual for a home occupation located on a major thoroughfare. 2. The conditions upon which the application for a variance is based are not unique inasmuchas there have been at least eight home occupations along Brooklyn Boulevard which have lived within the restrictions of the Sign Ordinance. 3. A large (4' x 8' ) home occupation sign would be detrimental to the integrity of the R1 district in which the residence of the applicant is located. Voting n favor: Chairman Lucht Commissioners Malecki Nelson Ainas Bernards g > > > > and Wallerstedt. Voting against: none. The motion passed. The applicant, Dr. John B. Lescault, requested that his application be heard at the first City Council meeting in January, rather than the next meeting which is December 28, 1987 because he would not be able to attend the December 28 meeting. DISCUSSION ITEMS The Secretary requested that the Commission review their Neighborhood Advisory Group membership list and notify him of any changes or corrections. He also requested that the Commission review the 1988 Planning Commission meeting dates included in the packet. ADJOURNMENT Motion by Commissioner Wallerstedt seconded by Commissioner Ainas to adjourn the Planning Commission meeting. Voting in favor: Chairman Lucht, Commissioners Malecki, Nielson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. The Planning Commission adjourned at 8:30 p.m. Chairman 12 -17 -87 -3- Planning Commission Information Sheet Application No. 87028 Applicant: Mary Korzenowski Location: 4800 N. Lilac Drive Request: Preliminary Plat The applicant seeks preliminary R.L.S. approval to resubdivide into three tracts the old Cook Paint site, the site of Omni Tool to the east, and two small vacant tracts in between. The land in question is zoned I -2 and is bounded on the north by Thompson Lumber, on the east by Bergmann Machine Works, on the south by 48th Avenue North, and on the west by Highway 100. The subdivision is intended to transfer a portion of the old Cook Paint property to Omni Tool for potential future expansion. The preliminary R.L.S. includes three tracts, A, B, and C. Tract A is .39 acres and consists of the North Lilac Drive right -of -way on the west edge of the R.L.S. It is being expanded in width by 5' to allow more boulevard space. At the intersection with 48th Avenue North, it is expanded 20' east to take in all of the paved area and a public catch basin in North Lilac Drive. Tract B is 3.38 acres and contains the existing Cook Paint building (now owned by K and K Sales). The existing building is nonconforming as to setback from North Lilace Drive. It is only 5.44' from the proposed right -of -way line at its closest point. A proof -of- parking plan has been submitted with a total of 75 existing and 28 potential stalls, enough to meet the parking requirement of the building with its present breakdown of 10,469 sq. ft. office and 30,016 sq. ft. warehouse /manufacturing(90 spaces are required) . A parking lot has recently been installed north of the building and does not meet the 15' greenstrip requirement entirely. Providing the full 15' greenstrip requirement entirely. Providing the full 15' greenstrip will result in the loss of one or two parking stalls. The correction should be accomplished next spring. Also, 27 of the existing stalls are directly off 48th Avenue North and do not meet greenstrip requirements at all. These may remain, but would have to be replaced by stalls on the east side of the site if a building expansion were proposed. Tract C of the proposed R.L.S. is 1.46 acres and contains the existing Omni Tool building on the easterly portion of the tract. It also contains the two small vacant tracts which are each 20' wide and run diagonally from 48th Avenue North up to the Thompson Lumber property. A roadway easement exists over these two small tracts (Tracts D and E of R.L.S. 546) in favor of all owners of land in R.L.S. #546. This includes basically all the industrial land south of the Soo Line tracks and east of Highway 100 and of France Avenue North. The only properties actually abutting these two tracts are Omni Tool, which would own them, and Thompson Lumber to the north. Nevertheless, the existence of the roadway easement is so prejudicial to the potential use of the property that staff recommend that the application be tabled until the applicant submits a title opinion asserting that the easement no longer exists or until all of the interested property owners have released their interest in the easement. A drainage and utility easement should still be retained, however. Incidentally, there is a proposed 10' wide drainage and utility easement along the south edge of the proposed R.L.S. adjacent to 48th Avenue North in accordance with staff recommendation. In conclusion, the preliminary R.L.S. cannot be acted on as long as the existing roadway easement essentially divides the proposed Tract C into two parcels. The westerly parcel that results would have a 40' frontage. This is far less that the 100' required by the Zoning Ordinance. The westerly parcel would essentially be unbuildable by itself. The owner of Omni Tool only intends to use the area for parking to support an addition to his building, but the area becomes practically a separate parcel if the roadway easement is enforced. We, therefore, recommend tabling the application until the question of the roadway easement is resolved. 12 -17 -87 Planning Commission Information Sheet . Application No. 87027 Applicant: Dr. John Lescault Location: 6142 Brooklyn Boulevard Request: Sign Variance The applicant requests a variance from the Sign Ordinance to allow a 32 sq. ft. freestanding home occupation sign at his residence at 6142 Brooklyn Boulevard. The property in question is zoned R1 and is bounded on the north by 62nd Avenue North, on the east and south by single - family homes, and on the west by Brooklyn Boulevard. Dr. Lescault possesses a special use permit for the chiropractor's office he conducts in his home. Home occupation signs are limited under the Sign Ordinance to 2.5 sq. ft. Dr. Lescault presently has a small illuminated sign for his business on Brooklyn Boulevard. Applicant's Arguments Dr. Lescault has submitted a letter (attached) addressing the standards for a sign variance (see Section 34 -180 also attached) . Regarding the standard relating to hardship, Dr. Lescault states that it is his impression that a hardship does exist because, even with his new sign, patients continue to park in the dental building to the south or at Bridgeman's across the street because they do not see the sign. In his second point, Dr. Lescault states that he is located in a transitional area that "is not an Rl." He states that usage of the larger sign would be appropriate inasmuchas he is located adjacent to a number of commercial properties. He states that LeRoy Sign Company has indicated to him that for a 40 m.p.h. road, 5" to 6" letters and a sign approximately 4' x 8' or 4' x 7' would be appropriate. In his third point, Dr. Lescault states that he does not see that a sign would affect the value of adjacent property or the neighborhood as a whole. Dr. Lescault concludes his letter by stating that there is justification in the variance request because his clients still have trouble finding him after 11 years of being in business at this location. He states that drivers slowing down to look for the office create a traffic hazard. He also states that he has even had patients attempt to park on Brooklyn Boulevard to enter the office. Variance Standards The Planning Commission may recommend and the City Council may grant variances from the literal provisions of the Sign Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of the Sign Ordinance, considered in conjunction with the unique and distinctive circumstances related to the property or uses thereof must be the proximate cause of the hardship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: 1. A particular hardship to the owner would result if the strict letter of the regulations were carried out; 2. The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, generally to other property or uses thereof within the same zoning classification; 12 -17 -87 -1- Application No. 87027 continued 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Staff Analysis Regarding hardship, the confusion of potential customers has been justification for a variance in the cases of Iten Chevrolet and the old Holiday Inn. These variances were for the height of signs near major freeway interchanges. It should be noted that these variances were granted in the early 1970's, one (the Iten Chevrolet variance) prior to the adoption of the current Sign Ordinance. These variances are not considered to be precedents in this case primarily due to more recent actions on the part of the City Council to deny sign variance requests involving Duke's Standard in 1982 and Russell Viska for the Smoke House Restaurant in 1981. In both of these applications the applicants cited the difficulty potential customers have in finding their establishments and both wanted higher signs to be seen from major thoroughfares. Both applications were denied. Also, in 1982 Universal Sign Company sought a variance for the height of the Budgetel sign. That application was reviewed by the Planning Commission on two different occasions and it appeared that the Planning Commission would recommend denial of the application. It was later withdrawn and not pursued. One thing we are skeptical of is the need for a 4' x 8' sign when the letters only need to be 5 to 6 high. Some of the letters in Dr. LescaultI s sign are already almost 5 high ( 4 3/4" for the word Chiropractor) . Other letters are 3 high ( for the words: Dr. John B. Lescault) . It is probably not possible to get the same message into the existing sign with 6 high letters. The sign is 1' x 3' and, therefore, exceeds the ordinance maximum of 2.5 sq. ft. It is our estimate, though we have not designed such a sign, that a smaller sign, more square in shape could accommodate 5 or 6" letters. As to uniqueness, Dr. Lescault's business is not unique on Brooklyn Boulevard. There have been at, least eight home occupations located on Brooklyn Boulevard and all have lived within the limits of the Sign Ordinance. Dr. Lescault's office perhaps generates more customer traffic than some of the other home occupations on Brooklyn Boulevard and so, if there is a problem with identification signery, it may indeed affect more people. Nevertheless, all home businesses would no doubt like greater exposure and if a variance is granted in this case, the likelihood of additional variances to other home occupations on Brooklyn Boulevard is great, because Dr. Lescault's situation does not appear to be unique. Staff conducted a survey of 17 municipalities regarding their ordinances governing home occupation signs. Ten of the 17 do not permit any signery at all. One community allows a 1 sq. ft. sign; four allow 2 sq. ft. signs; one allows a 4 sq. ft. sign; and one allows a 6 sq. ft. sign. None allow larger signs if the business is located on a major thoroughfare. It, therefore, appears that Brooklyn Center is already more lenient than most cities in regards to home occupation signs. Because of the existence of other home occupations on Brooklyn Boulevard, we would recommend an ordinance change before a variance. However, in light of the survey results, we cannot recommend an ordinance change either. 12 -17 -87 -2- Application No. 87027 continued Finally, as to detriment to the public welfare or injury to other property in the neighborhood, staff would acknowledge that such a sign would not be injurious to the businesses in the neighborhood. But, we do feel that such a sign is inappropriate for the Rl district which includes this property. Dr. Lescault argues that his property is "certainly considered a transitional area and is not an R1." This may be true in a practical sense, but the legal fact is that this property is zoned Rl, that it is a residence, and that the business conducted is a home occupation. As such it is subject to greater restrictions than if it were an office use in a commercial district. We believe the proposed sign is out of character with the R1 district and with home occupations generally. In that sense it is a detriment to the public welfare. It should also be pointed out that Dr. Lescault had previously sought a similar variance under Planning Commission Application No. 8+025 in July and August of 1984. His arguments then are very similar to those being made today. The City Council denied that 198+ application on the grounds that the Standards for a Variance had not been met. Dr. Lescault's zoning status is that of a special home occupation in an R1 zoning district. As such, the home occupation is to be clearly incidental and secondary to the residential use of the property. Home occupations are not afforded all the rights and privileges of commercial uses in commercial zoning districts. The City has determined that a maximum 2.5 sq. ft. signs are appropriate in residential zoning districts for home occupations, whether they are permitted home occupations or special home occupations. Any changes should be made in the form of an ordinance amendment not through the granting of a variance. Recommendation Based on the foregoing analysis, it is recommended that the proposed variance be denied on the grounds that the applicant has not demonstrated that the Standards for a Variance have been met particularily in the following ways: 1. The hardship cited by the applicant is not unusual for a home occupation located on a major thoroughfare. 2. The conditions upon which the application for a variance is based are not unique inasmuchas there have been at least eight home occupations along Brooklyn Boulevard which have lived within the restrictions of the Sign Ordinance. 3. A large (4 x 8' ) home occupation sign would be detrimental to the integrity of the R1 district in which the residence of the applicant is located. 12 -17 -87 -3- d lb NE A�� l M & C No. 88 -02 January 8, 1988 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Authorization for Position of Program Supervisor 1988 Budget To the Honorable Mayor and City Council: As a part of your review of the 1988 Budget, you placed a hold on hiring a Program Supervisor in the Recreation Department. With the following justification and the presentation we will be making to you Monday evening, I am requesting that you authorize, by motion of the City Council, removal of the hold on hiring for this position. With the retirement of Gene Hagel as Park and Recreation Director approximately three years ago, I recommended, and you concurred, that staff for this department would be reduced by one person. Arnie Mavis was promoted to the position of Director of Recreation and the supervision of maintenance activity in the parks was transferred to the Public Works Department. I stated at that time we would try to make use of part -time personnel to cover some of the programming activity. That hasn't worked out as well as expected because we have lost continuity in some of our programs where there has been consistent part -time staff turnover. The current staffing of this department consists of Recreation Director, two Program Supervisors, an Aquatics Program Supervisor, one full -time Secretary, and an annual complement of approximately 250 part -time personnel. Of the part -time Personnel used by this department, we'll reach a mid summer peak of 150 when we have our summer programs in full operation. That will drop to a level of approximately 75 part -time people during the fall and winter time of the year. Among the part -time personnel, approximately 25 are lifeguards or swimming instructors or aids working directly in the Community Center pool or at the North View Junior High pool. Attached please find tables describing and listing the various programs and related activities conducted by the Park and Recreation Department last year. In reviewing our recreation program activity over the last two to three years, we found substantial increases in some areas, a steady or slight increase in other program areas, and a drop in activity in a few of our programs. We have noted increases in the following program areas: handicap programs, after school programs, swimming lessons, entertainments in the park, senior citizen programs, M & C No. 88 -02 -2- January 8, 1988 wild life and naturalist related programs, softball, volley ball, women's exercise, community tripsters, and increased demand for special programs related to special events. We have noted that in the teen program area and the summer playground area, there has been a lessening of interest and activity. We attribute the lessening in activity in the teen area and in the playground area to the fact that there are fewer children in those age groups within our community. This department administers and directs a total budget of $1,192,000. In the last year it has also been heavily involved in the setup process for our new golf course. This department will be responsible for the administration of that golf course, which will have an annual budget of approximately $115,000. The golf course has and will continue to demand additional administrative time. We are also proposing that time be allotted from this department, if the program supervisor position is authorized, to grant additional administrative assistance to the Earle Brown Days Committee. Attached please find a copy of a letter I received signed by a number of interested parties urging your approval of administrative assistance to the Earle Brown Days Committee. In addition to the above, this department will be responsible for coordinating the preliminary studies of the Kylawn Preserve and Twin Lakes park land. Arnie Mavis has also informed me that he is interested in spending more time in giving assistance to such groups as youth football, swim club, the National and American League, and the Babe Ruth League, plus other similar youth and volunteer program activities. Arnie and his department are convinced that better assistance given to these volunteer directed youth programs will encourage their continued existence and prosperity. The encouragement of this type volunteer activity, both in the youth area and such areas as the Earle Brown Days Committee, will encourage volunteerism and in the long run save on city staff costs and make the community more enjoyable and vibrant lace Y P to live and work. Brooklyn Center has always prided itself in running a quality recreation program which serves all aspects of our community. In 1983 the City of Minnetonka did a recreation program survey. The attached table shows the rankings of communities as to the number of programs available to its citizens through their recreation department in different activity areas. This table indicates that we were ranked No. l among those suburban communities surveyed in the area of nonsport related adult programs and also ranked us No. 1 among the other suburbs as it relates to the number of nonsport youth programs available. In summary, I believe the additional programming supervisor position is justified based on the need to continue the quality level of recreation programming in Brooklyn Center, and to give additional support to the volunteer activities of the community M & C No. 88 -02 -3- January 8, 1988 as an investment in this area will result in a quality atmosphere and encouragement of volunteerism, which in the long run will save the community dollars and maintain this City's history of volunteerism. Respectfully submitted, Gerald G. Spl nter, City Manager attachments i October 22, 1987 Mr. Jerry Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Jerry; I noticed in a recent issue of the Brooklyn Center Post that the City Council wants some additional input on the Earle Brown Days activities before authorizing an expenditure of city funds for a person to support the volunteers. As you know, I have been urging that the city provide this support since my involvement with the 75th Anniversary. I have discussed this with many of the other volunteers. They all agree that this support is needed if Earle Brown Days activities are going to continue to be a worthwhile community event. We feel that volunteers just do not have adequate time to do much of the organizational work on a steady basis. Almost all of this work has to be done during normal working hours which makes it difficult for volunteers. Some volunteers will help with the work load during the busy times. Other volunteers prefer to serve as resource people to provide ideas from their various areas of expertise. We have to find ways to get new people involved in community volunteer work. However, if it becomes too time consuming they just quit volunteering. As we all know, active citizens make for a vibrant community which is what we want Brooklyn Center to be. Brooklyn Park has a person on their payroll that organizes Tater Daze. This process has been very successful over the years. We hope that this letter will convince the City Council to approve the needed expenditures for this employee. If additional support is needed, please let us know. Sincere Regards Bob Quenroe, Chairman Tom Slupske, C airman 87 Earle Brown Days 85, 86 Earle B�own Days Additional signatures on the following page. Brooklyn Center Volunteers, Page 2 October 22, 1987 h� A h Cohen, Chairman Mike Nelson, Finance Anniversary 85, 86, 87 Earle Brown Days 75th Anniversary Jane Alford, Treasurer Ron Christensen, Publicity 85, 86, 87 Earle Brown Days 75th Anniversary 75th Anniversary lc Ernee Mc Arthur, Coordinator Julie Vreeland, Executive VP 75th Anniversary Brooklyn Center Chamber of Commerce 'ehf D ff, Co d'nator Ton K Y u ler 75th A 'versary Year 2000 Committee FIGURE 1 DISTRIBUTION OF i RECREATION PROGRAM ACTIVITIES (1983)* ADULT OTHER YOUTH OTHER SPORTS ADULT SPORTS YOUTH PROGRAMS PROGRAMS PROGRAMS PROGRAMS COMPNNITY NO. RANK NO. RANK NO. RANK NO. RANK Roseville 31 .. 1 14 7 I 14 .1 116 10 j (Tie) Minnetonka/ Hopkins 29 2 1 17 : 4 i 9 3 18 7 I I (Tie) I (Tie)I New Brighton 16 3 I 14 7 1 6 9 1 18 7 1 (Tie) I (Tie) I (Tie) I (Tie)( Plymouth 16 3 1 16 5 I 4 12_ 118 7 (Tie) I CTie) I (Tie)I Golden Valley 15 5 1 18 3 I 6 9 1 15 11 I (Tie) I I ( Maplewood 14 6 1 11 11 I 9 3 1 22 3 1 (Tie) i (Tie) 1 I I Eden Prairie 13 7, 1 19 2 I 11 2 1 19 4 1 1 (Tie Brooklyn Center 11 8 1 41 1 I 7 8 144 1 (Tie) Crystal 11 8 1 11 11 1 8 6 112 12 I (Tie) i (Tie) 1 (Tie) Edina 11 8 7 14 I 6 9 1 5 13 I (Tie) I I (Tie) I (Tie) Mounds View 11 8 i 10 13 I 8 6 123 2 (Tie) I I (Tie) I Richfield 11 8 I 13 9 I 1 14 1 5 13 (Tie) I (Tie) 1 (Tie)l Brooklyn Park 10 13 I 16 5 I 3 13 19 4 i (Tie) I - 1 (Tie)I Robbinsdale 9 14 I 13 9 1 9 3 119 4 1 (Tie) { (Tie) 1 (Tie)I Mean 15 I 16 i 7 118 Median 12 I 14 1 7,5 i 18 I *For a variety of reasons the information in this table is only generally accurate. It does indicate the general magnitude of activity on each cafe- . gory of programs but should not be assumed to be more accurate than that. It should also be noted that the listing of sports activities in particular is not an accurate indication of the degree to which programs are available in a particular city. Many cities have large sports programs run by pri- vate athletic associations. 6 4F '777 Activity I Number of - Total Comments Number of Meetings Participants or sessions (291) Band 60 59 (292) Basketball 44 teams 420 each team played at-least-.12 games including tournaments Open Gym 20 meetings 100 persons per time 2,000 2,420 Total (294) Broomball 24 teams They also have practice times 310 persons during season each team played at least 12 games including tourna- ment (296) Arts & 10 per class Fall 57 Fall Crafts 8 per class Winter 36 Winter Fall 6 classes 8 per class spring 75 Spring Winter 5 classes Total 168 Spring 8 classes (300) Pottery 67, fall, winter, Increase from one to two classes Fall 14 sess. 19 Fall spring, summer per week Winter 14 Sess. 12 Winter pottery Spring 7 Sess. 9 Spring Lab 10 Summer 14 Sess. 17 Summer Total 77 persons Lab & Firing 2 sessions each season fall, winter, spring, summer (301) Senior 80 per week Leisure Averaging out approx. The Senior Happenings information is Citizens Time Leisure Time 3,840 Leisure Time read, edited or rewritten. Brooklyn Twins 65 per week Brooklyn 1,300 Brooklyn Twins The transportation schedule is Twins Total 5,140 for year coordinated with events & Transportation meetings from Senior Happenings schedule _ 9 PP s 9 Leisure Time meets once a week for 12 months Brooklyn Twins meets twice a month for 10 months. Senior Happenings - monthly 10 to 14 page newsletter Activity Number of Total Comments Number of Meetings Participants or sessions (303) Softball 260 teams Leagues Summer & Fall 3260 persons May - September 15 -22 games per team 5,632 games aprox. per year (304) Tournaments 18,000 includes Dudley Classic Slow Pitch spectators National Tournament benefits Crime Prevention fund & helps 3 tournaments the city in many ways. (307) Volleyball- 35 mixed per time 700 Open volleyball meets Oct. thru Mixed - open - Women's 20 women's per time 400 April once a week, 40 to 60 Open mens 112 1,400 participants per week 20 meeting 40 both mixed 608 2,500 Women's Volleyball has grown from Fall & Winter /spring womens 758 60 teams in 1985 to 80 teams in leagues 1987 Mens 2 leagues mixed 2 leagues Womens 2 leagues (309) Women's Total for year Growth from - 1985 to 1987 Exercise 2,681 1986 Class offerings 122 160+ instructors 11 15 Fall -38 classes fall - 631 # of weeks 24 40 winter -36 classes winter - 732 spring 35 classes spring - 742 participants 2,200 2,577 summer 43 classes summer - 576 (310) Community 37 approx. per trip 452 persons see separate sheet Tripsters 12 to 18 trips per year (310) Harmonettes 35 persons 35 persons 46 meetings (317) North View 2,500 2,500 Meets twice a month for 6 months Co -Rec & Dances meet with social council to 12 sessions determine students' needs & wants. Work with staff to develop special activities & contests (328) chorus 66 persons has varied in enrollment from 46 meetings 30 to 60 in the past few years i Activity Number of Total Comments Number of Meetings Participants or sessions (329) childrens 30 persons 30 persons basketball 2 classes 24 meetings (334) playgrounds 1,500 1,500 Includes playgrounds, soccer, softball, specialty classes, puppet wagon, day camps preschool see separate sheet (336) preschool fall 108 309 extensive waiting list 12 weeks fall winter 98 550 addition of one class in 10 weeks winter spring 103 859 January 1988 10 wees spring trips trips fall 105 fall 3 winter 95 winter 3 spring 350 spring 3 (337) Wrestling 30 30 12 sessions (339) after school fall 158 total 545 Increase, work closely with 7 elementary school building programs winter 224 Includes vacation spring 163 coordinators. Develop a variety day camp of after school classes for all i ages. Examples: Sports hour, 21 weeks I cragtors' club, karate, computer club, crocheting for kids, sports collectors' club, babysitting clinic, chess, cross country skiing and bowling (343) Holiday fall 183 total 271 New, Christmas, Halloween, Easter, fall different winter 63 Valentines' Day, St. Patricks' classes spring 25 Day classes, and Little Traveler's winter 2 different series. classes Grown from 90 kids in 1984 to spring 2 different over 300 in 1987 classes (346) Dog Obedience 41 persons 8 sessions 1 class fall 1 class fall 18 winter 1 class winter 18 spring 1 class spring 18 Activity Number of Total Comments Number of Meetings Participants or sessions (347) golf 41 persons total 41 persons spring 6 classes 24 sessions (348) Entertainment 8,300 Total attending Includes Sunday In Central Park In the Park See separate sheet 12 Tuesdays Estimated growth from 3,100 1 Sunday in 1985 to 6,650 in 1986 (354) Tennis Spring 11 classes 63 spring total 146 Summer 14 classes 83 summer (350) skating rinks 16,000 persons 10 rinks (351) Skiing 452 452 weekly friday evening trips and 8 trips one all day trip to Spirit mountain Junior High (352) swim (North View) Fall 107 , total 767 (353 Swim lessons Winter 64 North View Spring 207 Fall 10 lessons 40 sess Summer 389 Winter 10 lessons 40 sess. Spring 10 lessons 80 sess. Summer 10 lessons 230 sess. (356) Handicapped 80 persons total 80 In addition to handicapped programs, fall 21 there is an increase of persons winter 10 integrating into regular g g g programs. spring 17 One to one assessment evaluation. summer 32 Education process for instructors. 36 meetings Fall: 4 classes = 8 participants 2 classes = 4 participants (360) adult dance fall 20 persons 46 persons fall 1 class 8 sess. winter 11 persons winter 1 class 8 sess. spring 15 persons spring 1 class 8 sess. Activity Number of Total Comments Number of Meetings Participants or sessions (362) Break Away 90 participants New See separate sheet 6 trips �oordinp. ±e with one community. approx. 15 per strip Similar process as Community Tr nsters. (363) Nature 125 persons New - Naturalist led activities 2 sessions held at Palmer Lake Nature area. Designed to acquaint residents to the nature area, and what it has to offer (369) Swim lessons fall 555 3,095 Our registration over the past Community Center winter 479 few years has gone up. We feel Fall 10 lessons spring 785 that this is due to the quality of 34 sess. summer 1,276 lessons we offer. winter 10 lessons 33 sess. spring 10 lessons 38 less. summer 10 lessons 66 sess. (370) Swim Club approx. 80 - 100 The Brooklyn Swim.- club is an persons organization to develope competive skills for persons ages 5 -Nigh school. This is a joint program sponsoredwith Brooklyn Park and Brooklyn Center. Our program is well recognized throughout the Metropolitan area. The swim club meets 4 times per week for about 10 months at the Community Center, Brooklyn Junior, _North View '�tvio swim meets are sponsored by this club during the year : (372) Babysitting This is a service that we provide for persons using our facilities for classes and our open swim times. (373) Concessions We have a gameroom facility which has a concession stand where we have sandwich's, candy popcorn, soft drinks, we employe partime persons, This facility is open during all open hours. Total number of part -time employees: During the year we hire approximately 250 people. Activity Number of Total Comments Number of Meetings Participants or sessions (379) Special Events 1,455 total 1,755 Holiday Bazaar 4,000 shoppers 5 movies 250 59 exhibitors 1 Halloween party Spring Bazaar 2,000 shoppers plus 2 Bazaars, Holiday & 49 exhibitors Spring Movie & swim specials 1,000 plus See Santa 95 participants Child shopping 345 participants & volunteers (365) Memberships year family 385 (366) Memberships Individual 1,398 (367) General admission single 42,439 (368 General admission groups 4.000 Licenses to be approved by the City Council on January 11, 1988: M1 BOWLING ALLEY Beacon Bowl 6525 Lyndale Ave. N. City Clerk aj A CIGARETTE A & J Enterprises 6843 Washington Ave. S. Best Company 5925 Earle Brown Drive Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. Beacon Bowl 6525 Lyndale Ave. N. Gift Shop, Too 1501 Freeway Blvd. K -Mart 5930 Earle Brown Drive Super America No. 4160 6545 West River Road Super America No. 4058 1901 57th Ave. N. r . 1 Yen _Ching Restaurant 5900 Shingle Creek Pkwy. City Clerk , n GARBAGE AND REFUSE COLLECTION VEHICLE �f Rand n/ s Sanitation Inc _U y Route 342 Sanitarian GASOLINE SERVICE STATION Osseo Brooklyn Bus Company 4435 68th Ave. N. Bill West's Service Center 2000 57th Ave. N. IJ �/!i;1% City Clerk ITINERANT FOOD ESTABLISHMENT Boy Scout Troop 299 7200 Brooklyn Blvd. �ff Garden City School 3601 65th Ave. N. C' Sanitarian r' k LODGING ESTABLISHMENT Brookdale Motel 6500 West River Road ''Y1CL ^lZ Sanitarian MECHANICAL SYSTEMS In Central Air and Heating 2020 Silverbell Road 1C,1�i2F12 Building Official 4jc SPECIAL FOOD HANDLING ESTABLISHMENT Brooklyn Center Liquor Store #1 1500 69th Ave. N. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 5711 Morgan Ave. N. l ' Sanitarian n i c GENERA �.J L APPROVAL: ;ms's. .. ..1 -�1 D. K. Weeks, City Clerk rf;e�u -�rc.e -du u�v LeFevere Lefler Kennedy 10 O'Brien & Drawz t Yrolessional association December 22, 1987 2000 First Bank Place West Minneapolis Mr Ronald A. Warren Minnesota 55402 Director of Planning & Inspection Telephone (612) 333 -0543 City of Brooklyn Center Telecopier (612) 333-0540 6301 Shingle Creek Parkway Clayton L. LeFevere Brooklyn Center, Mn 55430 Herbert P. Lefler J E. De Drawz en John hn E. Drawz Re: City of Brooklyn Center v. Tires Plus David J. Kennedy Joseph E. Hamilton Dear Ron: John B. Dean Glenn E. Purdue Richard J.Schieffer Enclosed are the Judge's Findings of Fact, Conclusions of Charles L. LeFevere Law and Order for Judgment in the above - referenced matter. Herbert J. Lef The City on a victor with the exception of a James J. Thomson, Jr. Y Y p potentially Thomas R. Galt significant finding of estoppel regarding the first Dayle Nolan semitrailer. That is, the Judge found that Tires Plus was John G. Kressel Steven B. Schmidt properly characterized as a motor vehicle repair garage J M.Strommen and as such, is a nonconforming use. He further found H. Batty that there was an expansion of the nonconforming use and P. Jordan R. Skallerud thus Tires Plus is limited to an area, including outside Rodney D. Anderson storage, that is identical to that used by Jack's OK Tire Corrine A. Heine S ervice. The exception is that because of Gary Shall - David D. Beaudoin Steven M.Tallen cross's representations regarding the first semitrailer, Mary Frances Skala the City cannot order Tires Plus to remove it. Christopher J. Harristhal Timothy J. Pawlenty Rolf A. Sponheim Tires Plus has several issues it could appeal. I have not Julie A. Bergh heard from the attorney regarding their intentions as yet. Darcy L.Hitesman The City has one issue it could appeal, estoppel. Please David C. Roland Karen A.Chamerlik discuss the City's position on an appeal with all relevant Paul D.Baertschi officials and council members. Since enforcement of this order will inevitably cause major problems to Tires Plus's business operation, it may want to discuss settlement with the City in lieu of appeal. The following are major considerations for the City: 1. Time and Cost of Appeal If either party appeals, it may be up to a year or more before the final order requires Tires Plus to remove one or both of the semitrailers. If Tires Plus appeals, the City has no choice but to participate. If the City appeals, Tires Plus will inevitably raise all of the issues on which it lost. An appeal would add significant cost on to what has already been an expensive matter. Mr. Ronald A. Warren December 22, 1987 Page 2 2. Estoppel Notwithstanding the cost of appeal, the Judge's decision estopping the City on these facts should be of concern. It has the effect of reducing a City official's willingness to give advice and guidance over the phone or in letter form. It may be the type of issue that other cities and municipal associations consider important enough to warrant support in an appeal. 3. Settlement The City has significant leverage over Tires Plus at this point. It may be that a compro- mise is worth considering. Such a compromise would inevitably save thousands of dollars. I will keep you posted as to any developments. Please communicate with our office as soon as possible regarding the City's position. The City council should make a decision regarding its position within the next two weeks to allow time to perfect any appeal the City wishes to make. I would be happy to brief the council prior to any decision. Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN DRAWZ James M. Strommen Enclosure cc: Gerald Splinter 00071401.h37 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Brooklyn Center, a Minnesota municipal corporation, FINDINGS OF FACT Plaintiff, CONCLUSIONS OF LAW ORDER FOR JUDGMENT -vs-- File No. 86 -16549 Tires Plus Ltd., a Minnesota corporation, and Thomas Gegax, Defendants. The above - entitled matter came on for hearing before the undersigned on September 23, 1987 pursuant to plaintiff's Motion for Summary Judgment filed August 3, 1987. James M. Strommen, Esq., of LeFevere, Lefler, Kennedy, O'Brien & Drawz, appeared on behalf of plaintiff, the City of Brooklyn Center; and Lawrence R. Commers, Esq., of O'Connor & Hannan, appeared on behalf of defendants Tires Plus, Ltd. and Thomas Gegax. Upon consideration of all the testimony and exhibits intro- duced in connection with this matter, the arguments of counsel, and upon all the files and records of the proceedings herein, including Findings, Conclusions and Order made by this Court in the above matter on December 3, 1986, the Court makes the following additional FINDINGS OF FACT 1. Approximately 20% of Tires Plus' gross revenue at the 6900 Brooklyn Boulevard location is derived from tire mounting 1 and balancing, wheel alignment, shock and brake work, and related motor vehicle repair services. 2. Those services are provided in three service bays located in the Tires Plus building. 3. The Court takes judicial notice of the fact that these services are performed, at least in part, with the aid of pneumatic tools. 4. The Court takes further judicial notice that the use of pneumatic tools creates noises not generally associated with retail and non -motor vehicle repair service, and business outlets. 5. The Court takes further judicial notice that the presence and use of service bays for automobile repair creates aesthetic concerns and parking requirements that are different from those associated with retail business outlets. 6. The property on which the Tires Plus outlet is situated abuts an R -1 residential zone under Brooklyn Center zoning ordinances. 7. Section 35- 332(3)(a) provides that motor vehicle repair facilities are allowed in C -2 districts "provided they do not abut an R -1, R -2, or R -3 district." 8. In September of 1983, Tires Plus acquired the assets of a business known as Jack's O.K. Tire Service located at 6900 Brooklyn Boulevard. Jack's O.K. Tire Service business consisted primarily of the retail sale of gasoline, retail tire sales and tire trueing services. 9. Jack's O.K. Tire Service was a non - conforming use under Brooklyn Center zoning ordinances. 2 10. At the time the business was sold to Tires Plus in 0 1983, Jack's O.K. Tire Service stored used and discarded tires on an unenclosed storage rack located at the rear of the building. 11. Thomas Gegax has experience perience in the area of purchasing and selling real estate and tire businesses. 12. Gegax did not discuss storage issues or city ordinance requirements with Jack Shuster, the owner of Jack's O.K. Tire Service, prior to Tires Plus' purchase of the business. 13. Prior to purchasing Jack's O.K. Tire Service, Gegax discussed Brooklyn Center zoning or permit requirements as they pertained to the Tires Plus business, the building and the property with Gary Shallcross, a City Planner for the City of Brooklyn Center. 14. Shallcross orally represented to Gegax that use of one semi - trailer for tire storage on the property would not violate any Brooklyn Center ordinance if the semi - trailer was surrounded by a six -foot opaque fence. 15. Gegax did not read applicable Brooklyn Center ordinances prior to purchasing Jack's O.K. Tire Service. 16. Prior to purchasing the business from Jack's O.K. Tire Service, Gegax was aware that additional inventory space was necessary for Tires Plus to run a profitable business from the 6900 Brooklyn Boulevard location. 17. Tires Plus entered into a ten -year lease with the owner of the property when Tires Plus purchased Jack's O.K. Tire Service. 3 18. Gegax did not ask any city officials whether Tires Plus was allowed to add a second semi - trailer in the fall of 1983. 19. The tires stored within the two semi - trailers enable Tires Plus to maintain a greater inventory of tires on the property than that maintained by Jack's O.K. Tire Service. 20. Section 35 -111 of the Brooklyn Center city zoning ordinances provides in part as follows: NON - CONFORMING USES. Unless specifically provided otherwise herein, the lawful use of any land or building existing at the time of adoption of this ordinance may be continued even if such use does not conform to the regulations of this ordinance, provided: 1. No such non - conforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance. 2. Such non- conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this ordinance. 3. A non - conforming use of a building existing at the time of adoption of this ordinance may be extended throughout the building provided no structural altera- tions. . .are made. . . 21. The two semi - trailers located behind the Tires Plus building constitute an enlargement of the building in which Tires Plus conducts.its business. 22. Tires Plus has substantially enlarged its tire inven- tory over that maintained by Jack's O.K. Tire Service. 4 CONCLUSIONS OF LAW 1. The City of Brooklyn Center's motion for summary judgment is granted in part and denied in part. 2. The City of Brooklyn Center has a rational basis for classifying Tires Plus as a motor vehicle repair use under its zoning ordinances. 3. Jack's O.K. Tire Service was a non - conforming use under Brooklyn Center City Zoning Ordinances. 4. Tires Plus is a non - conforming use under Brooklyn Center City Zoning Ordinances. 5. Tires Plus has "enlarged and increased" its non - conforming use under Section 35- 111(1), (2) and (3) of the Brooklyn Center City Zoning Ordinances through the addition of two semi - trailers placed behind the building, surrounded by a six -foot high opaque fence and through the existence of substantially increased tire inventory, respectively. 6. Gegax reasonably relied on representations made by Gary Shallcross of the City of Brooklyn Center with respect to the legality of placing one semi - trailer behind the Tires Plus building and surrounding it with a six -foot high opaque fence. 7. The City engaged in wrongful conduct with respect to representations made to Gegax prior to the Tires Plus purchase of Jack's O.K. Tire Service. 5 8. The public interest in the enforcement of non - conforming use ordinances outweighs the hardship reasonably suffered by Tires Plus in conforming to city ordinances, subject to the use of one semi - trailer for tire storage surrounded by a six -foot high opaque fence. 9. The City of Brooklyn Center is estopped from enforcing its zoning ordinances against Tires Plus at its 6900 Brooklyn Boulevard outlet to the extent that Tires Plus will be permitted to use one semi - trailer for tire storage surrounded by a six -foot high opaque fence. ORDER FOR JUDGMENT 1. Tires Plus is hereby ordered to remove the one semi- trailer from the property at 6900 Brooklyn Boulevard within 120 days of the date of this Order. 2. Tires Plus is further permanently enjoined from placing any storage facility or storing any tires on the property located at 6900 Brooklyn Boulevard, either not stored to the same extent and in the same location as done by Jack's O.K. Tire Service at the time Tires Plus acquired the business in September of 1983, or not stored in one semi - trailer surrounded by a six -foot high opaque fence. 3. Tires Plus is ordered to reconstruct the fence now surrounding the two semi - trailers presently on the property so as to surround at the same distance the remaining one semi- trailer. LET JUDGMENT BE ENTERED ACCORDINGLY. BY TtE COURT- Dated: December, 1987 A_A� 77 q;i 30 -day stay ordere Robert E. Bowen, Judge of District Court. M E M O R A N D U M The Court took substantial testimony and evidence in con- nection with the prior hearing on plaintiff's motion for a temporary injunction, and numerous affidavits, along with the deposition of Thomas Gegax, have been submitted. Defendants have not demonstrated the existence of any fact issues not yet tried, and summary judgment is appropriate. The following legal issues are presented: 1. Whether the City's action in classifying the Tires Plus operation as a permitted use in a C -2 Commerce District was arbitrary and capricious. 2. Whether the utilization by Tires Plus of two semi- trailers parked behind its building for tire storage has expanded a non - conforming use in violation of City Ordinance 35 -111. 3. Whether under the circumstances presented by this case the City is estopped from enforcing its zoning ordinance. The function of the Court in reviewing the actions of a municipal corporation is to determine whether the City in applying an applicable ordinance has acted in an arbitrary and capricious fashion, and whether it was mistaken as to the applicable law. The interpretation of an existing ordinance is therefore one of law for the Court. See Fran Nursery Sales v. Ci of Roseville 295 N.W.2d 604, 608 (Minn. 1980). The City has classified Tires Plus as a "motor vehicle repair" business. Defendants argue that this classification, which makes the Tires Plus use of the property a non - conforming one, is incorrect and that Tires Plus should be classified as a permitted use under X35 -322 1(c -2) of the City's Zoning Ordinance. Under M -1 that section, the retail sale of tires, batteries and automobile accessories is a permitted use. Tires Plus carries on a business which involves both the sale and installation or mounting of tires, tire balancing, wheel alignment, shock absorber and brake work and other services to motor vehicles in addition to the mere sale of tires and parts. Tires Plus derives approximately 20% of its income from such services. Thus it cannot be said that the City's action in classifying the Tires Plus operation as a permitted use in a C -2 Commerce District was arbitrary and capricious. It follows that the Tires Plus operation is a non - conforming use. The City has conceded here that the use was legally non- conforming when Tires Plus began doing business on the property in 1983. The issue then becomes whether employing two semi- trailers parked behind its building for tire storage constitutes an expansion of the non - conforming use. It seems beyond argument that the use of the semi - trailers is an expansion of the use of the land. Tires Plus argues that a distinction should be made between a non - conforming use and a non- conforming structure, citing Odell v. City of Eagan 348 N.W.2d 792 (Minn. App. 1984). However, the ordinances involved in that case distinguished between non - conforming structures and non - conforming uses, and the City conceded in that case that restrictions on non - conforming uses did not regulate non - conforming structures. Here, however, City Ordinance 35 -111 does not distinguish between uses and structures. Accordingly, the use of the semi- trailers constitutes M -2 an expansion of a non - conforming use, whether or not the semi- trailers are considered a structure. White Bear Docking and Storage, Inc. v. City of White Bear Lake 324 N.W.2d 174 (Minn. 1982); Prior Lake Aggregates, Inc. v. City of Savage 349 N.W.2d 575 (Minn. App. 1984). The final issue is whether the City is estopped from enforcing its zoning ordinance under the circumstances of this case. There is no dispute that Gary Shallcross, a City Planner, told Mr. Gegax that if he constructed a six-foot high opaque fence around ucte o g g one semi - trailer used for tire storage, he would be in compliance with the City's ordinances. It is also undisputed that Mr. Y P Gegax relied upon Mr. Shallcross' oral representation and went ahead with the purchase of the business. This reliance was clearly reasonable at the time, and events taking place after Mr. Gegax had bound himself to purchase the business do not affect the reasonableness of that reliance. In Ridgewood Development Co. v. Sta te, 294 N.W.2d 288 (Minn. 1980) the Minnesota Supreme Court stated that a local government exercising its zoning powers can be estopped when a property owner relies in good faith on some act of that government and made a substantial change in his position or incurred extensive obligations and expenses to the extent that it would be highly inequitable and unjust to destroy the rights which he had acquired. In Ridgewood the Court found that there was no wrongful conduct on the part of the government because no improper advice was given. Id. at 293. The implication is that improper advice would constitute M -3 conduct resulting in estoppel. Since the City now takes the position that installation of one trailer was unlawful, Shallcross' advice was in fact erroneous. The Court of Appeals recognized that a city may be estopped in State, City of Eden Prairie v. Liepke 403 N.W.2d 252 (Minn. App. 1987). In that case, the Court remanded to the trial court for an evidentiary hearing on the estoppel issue. Here, the facts have been fully developed, and no factual issues remain to be decided and an evidentiary hearing is unnecessary. The City is estopped as a matter of law from enforcing its ordinance to the extent of one semi - trailer surrounded by a six -foot high opaque fence. R.E.B. M -4