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HomeMy WebLinkAbout1984 08-20 CCP Regular Session } CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 20, 1984 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. * _ 6. Approval of Minutes August 6, 198 4 * 7. Performance Bond Release - Showbiz Pizza Place, 5939 John Martin Drive 8. Resolution Declaring September 16 to September 22, 1984 as Crime Prevention Week in Brooklyn Center 9. Review of City's Policy on Removal of Diseased Shade Trees on Boulevards -This item is in response to a request made at the July 23, 1984 City Council Open Forum session. 10. Resolutions: * a. Adopting Joint Cooperation Agreement with Urban Hennepin County -This resolution continues the Community Development Block Grant Program for another three years. b. Approving Specifications for Furnishing and Delivery of Bleachers and Press Box and Directing Advertisement for Bids -The bleachers and press box will be installed in Evergreen Park. Funding for these items will be from the capital projects fund. e. Approving Plans and Specifications and Ordering Advertisement for Bids ver reen Park /Area Improvement Project or E No. 1984 -07, Phase II p J Evergreen (Contract 1984 -I) -This contract provides for installation of a soccer field and tr ail lighting system, a soccer field sprinkler system, area landscaping and construction of a pumphouse over existing well pump No. 4. * d. Accepting Work under Contract 1984 -D (Lift Station Improvement Project No. 1983 -09, Phase II) -This contract provides for the furnishing of a mobile generator to power the City's lift stations in the event of a power failure. The supplier has delivered a unit meeting the specifications. CITY CoUtI'rIL AGENDA -2- August 20, 1984 * e. Accepting Work under Contract 1984 -E (Water Main Improvement :Project No. 1984 -02 and Water Service Repair Project No. 1984 -06) -This resolution accepts the water main installation along Lee and Major Avenues from 69th Avenue to 70th Avenue and 70th Avenue from Lee Avenue to Major Avenue under Improvement Project No. 1984 -02, and water service repairs in the south industrial district under Improvement Project No..1984 -06. f. Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessment for Improvement Project No. 1984 -02 (Water Main Installation on Lee, Major, and 70th Avenues) * g. Canceling Special Assessment on Highway Right of Way -This resolution cancels'a special assessment which was inappropriately levied against I -94 right of way in 1979• * h. Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessment for Improvement Project No. 1984 -03 (Halifax Avenue and 70th Avenue Street Improvement) * i. Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessment for Improvement Project No. 1984 -04 (Shingle Creek Turn Lane Construction) * j. Providing for Hearing on Proposed Assessments -This resolution provides for establishment of assessment hearings for Diseased Shade Tree Removal Costs; Public Utility Hookup Charges; for Delinquent Public Utility Accounts; Delinquent Weed Removal Accounts; and Nuisance Abatement Costs. k. Approving Purchase of a Microprocessor for Use by the Vehicle Maintenance Division -This item was considered at the August 6 Council meeting, and tabled with a request for additional information. 11. Planning Commission Items: (8:00 p.m.) a. Planning Commission Application No. 84027 submitted by H. E. Homes, Inc. for site and building plan and special use permit approval for an office condominium development on the land presently occupied by residences addressed 7020 and 7040 Brooklyn Boulevard. The Planning Commission recommended approval of Application No. 84027 at its August 9, 1984 meeting. b. Planning Commission Application No. 84028 submitted by H. E. Homes, Inc. for preliminary plat approval to resubdivide into two parcels the land contained in the lots addressed 7020 and 7040 Brooklyn - Boulevard and 7025 Halifax Avenue North (St. Alphonsus Church). The Planning Commission recommended approval of Application No. 84028 at its August 9 1984 meeting. CITY COUNCIL AGLI,'DA -3- August 20, 1984 c. Planning Commission Application No. 84029,submitted by Group Health, Inc. for site and building plan approval to construct a 20' x 20' storage garage in the northea t portion of the clinic site at 6845 Lee Avenue North. The Planning Commission recommended approval of Application No. 84029 at its August 9, 1984 meeting. d. Planning Commission Application No. 84030 submitted by Sharon McNamara for special use permit approval to conduct a home beauty shop in the basement of the residence at 6725 Quail Avenue North. The Planning Commission recommended approval of Application No. 84030 at its August 9, 1984 meeting. 12. Recommendation for Suspension of On -Sale Club License for Brooklyn Center American Legion Post No. 630 13. Discussion Items: a. Ad Hoc Citizens Advisory Committee for Earle Brown Farm Development 14. Consideration of Specified License - Taxicab License for Yellow Cab Company 15. Application for a Class B Gambling License from Earle Brown Parent /Teachers Association - Approval of Class B License (requires a majority vote of the City Council to pass) - Waiver of the $10,000 fidelity bond (requires a unanimous vote of the City Council to pass) *16. Licenses 17. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 6, 1984 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 Director of Public Works Sy Knapp, Director of Finance _ Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Mayor Nyquist. 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 in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members requested any items removed from the Consent Agenda. Councilmember Theis requested item 9c be removed from the Consent Agenda. PERFORMANCE BOND RELEASE There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to release the performance guarantee on Evergreen Estates, 857 to 885 70th Avenue North (Planning Commission Application No. 82031) in the amount of $3,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES FOR 1984 PRIMARY ELECTION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to appoint the election judges for the September 11, 1984 primary election as per the list submitted to the City Council by the City Clerk. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -115 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 19834 (MUNICIPAL SERVICE GARAGE IMPROVEMENT PROJECT NO. 1982 -28, PHASE III) The motion for the adoption of the foregoing resolution was duly seconded by member 8 -6 -84 -1- Gene Lhotka, and upon vote being taken thereon, the following voted in:favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -116 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -C (STREET IMPROVEMENT PROJECT NOS. 1984 -03 AND 1984 -04) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. . RESOLUTION NO. 84 -117 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN CROMER MANAGEMENT, INCORPORATED AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR LICENSE Pizza Factory 6816 Humboldt Ave. N. Snyders Brookdale Center GARBAGE AND REFUSE HAULERS LICENSE Crosstown Sanitation 10110 38th Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Jaycee Women 4152 Welcome Ave. N. MECHANICAL SYSTEMS LICENSE The Energy Barn 17441 Highway 10 E. Flare Heating 664 Mendelssohn Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES JULY 23, 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting; of July 23, 1984 as submitted. Voting in favor: Mayor Tlyquist, Councilmembers Lhotka, Hawes, and Theis. Voting f , �, aEjinst: none. The motion passed. Councilmember Scutt abstained from the vote as she was not present at the July 23, 1984 meeting. RESOLUTION'S (CONTINUED) Administrative Assistant Bublitz introduced a Resolution Establishing Sidewalk Improvement Project No 1984 -14 and Accepting Proposal for Construction Thereof. He explained the project provides for construction of sidewalk along the west side of Humboldt Avenue from Amy Lane northerly to 72nd Avenue as recommended by the Administrative Traffic Committee. The Director of Public Works reviewed the existing sidewalk system in the area and explained the request was from residents in the neighborhood and was directed at children crossing Humboldt Avenue at 71st and 72nd Avenues where there are adult crossing guards. He explained, children who live on Amy Lane apparently walk in the street along Humboldt Avenue to the 72nd Avenue intersection where a school crossing guard provides access to the Evergreen School area. He explained the proposed sidewalk would bring children to the adult crossing guards Councilmember Theis inquired whether the sidewalk fits into the City sidewalk plan and whether other areas similar to this exist in the City. The Director of Public Works explained he did not check the 1970 sidewalk plan but he believes the sidewalk would fit into that plan. He added that there are also other areas in the City with similar situations. Councilmember Lhotka stated that if a similar request will be forthcoming from the appear to be cheaper to do the project all at 'n it would a e P J residents aloe Woodbine, p g � Pp once. The Director of Public Works stated that a lower price on unit prices could possibly be received but essentially this project is responding to a request from a specific neighborhood. He added that the City should be able to get a good price on the project. RESOLUTION NO. 84 -11$ Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT NO. 1984 -14 AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared . duly passed and adopted. Administrative Assistant Bublitz introduced a Resolution Approving Purchase of a Microprocessor for Use by the Vehicle Maintenance Division. The Director.of Public Works explained the purpose of the microprocessor is to utilize the Vehicle Management System Program recently developed by LOGIS. He explained the program is designed to keep track of operating costs of specific pieces of equipment and that this is currently done manually. He explained the program is designed to obtain a better idea. of the costs for equipment, such as down time and repair costs. He pointed out the pay back will be improved information for management decisions on what vehicles and equipment to trade or when to buy or repair equipment. 8 -6 -84 -3- Mayor Nyquist questioned whether the $750 per month operational cost would be an ongoing cost. The Director of Public Works explained the cost would be ongoing and that the same amount of information obtained manually would require additional personnel, but that the cost of the new system would be higher than the cost of the manual information the City is currently generating. Councilmember Lhotka inquired as to the longterm pay back in terms of dollars. The Director of Public Works replied that currently the City spends between $100,000 to $150,000 for new equipment annually, and that the equipment maintenance cost is approximately- $300, 000 per year. He added that a savings of 51, would provide a pay back almost immediately and that the City should be able to expect a 5% savings with the new system. Councilmember Theis inquired whether the system was interfaced with the computerized gas pumps and whether or not the system would interface with the City's accounting system. The Director of Public Works explained the equipment management system is interfaced with the accounting system and as an example the system could generate purchase orders. He also noted that the cost of gas, labor and parts could be entered through the microprocessor. Councilmember Scott inquired if there was any problem with future time availability on the computer as other cities come on to the system. The Director of Public Works explained that this was a concern of the Public Works Directors and that LOGIS had assured the City there is adequate time, even with other cities coming on line in the future. Councilmember Hawes asked how many vehicles would be covered by the system. The Director of Public Works explained that the vehicles range from light to heavy and run from lawnmowers to squad cars all the way up to heavy equipment. He added that the system could also be applied to the City, s lift stations. Initially, he stated 150 units would be put on the system with eventually as many as 250 to 300 units. The Council continued its discussion of the proposal and expressed certain concerns over the cost of the program. Councilmember Lhotka stated that he feels cost is a big factor and that he currently does not have enough information to justify the purchase of the microprocessor. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of the Resolution Approving Purchase of a Microprocessor for Use by the Vehicle Maintenance-Division until the August 20, 1984 City Council meeting to allow staff more time to prepare additional information for the City Council. PLANNING COMMISSION APPLICATION NO. 84024 SUBMITTED BY DR. JOHN B... LESCAULT FOR - SPECIAL USE PERMIT APPROVAL TO EXPAND AN EXISTING CHIROPRACTOR'S OFFICE HOME OCCUPATION AT 6142 BROOKLYN BOULEVARD PLANNING COI APPLICATION NO. 81025 SUBMITTED BY DR. JOHN B. LESCAULT FOR A VARIANC FRO SECTION 34 -140 OF THE SIGN ORDINANCE TO ALLOW A 24 SQ. FT. HOME OCCUPA1I011 SiUNI AT 6142 LROOKLYN BOULEVARD The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 5 of the July 26, 1984 Planning Commission meeting minutes rand also the Planning Commission information sheet prepared for Application No. 8 He U reviewed a transp.}rency of the :subject p ircel.:Ihowing its loc ation �;nd noted thr,,t the parcel was zoned R1. He explained the home occupation has been conducted at the location since 1974 under an administrative ruling indicating that it was a permitted use. The Director of Planning noted that since 1974 various Planning Commission and City Council rulings have placed a chiropractor's office under the home occupation requirements of the City zoning ordinance.. The Director of Planning & Inspection reviewed the applicant's letter, site survey and building plans describing the home occupation and the proposed addition. He also noted that Dr. Lescault desires to bring in a nonresident employee who would be an intern from a local college. The Director of Planning then reviewed a transparency showing the proposed expansion. He also reviewed the parking requirements for the site. The Director of Planning & Inspection stated that, following a public hearing on the application at which a neighbor of Dr. Lescault spoke, the Planning Commission acted on the application. He explained the Planning Commission at its August 9, 1984 meeting recommended approval of Application No. 84024, subject to ten findings, conditions and considerations which he reviewed for Council members. The Director of Planning & Inspection next reviewed Planning Commission Application No. 84025 and noted that the applicant was requesting a variance from the City sign ordinance. He noted the applicant was requesting approval of a variance from Section 34 -140 to allow a 4' by 6' 24 sq. ft. illuminated sign for the chiropractor's office in the residence at 6142 Brooklyn Boulevard. He added the City sign ordinance allows home occupation signs to be no larger than 2.5 sq. ft. He next reviewed the standards for a variance specified in the City's zoning ordinance. The Director of Planning & Inspection pointed out that at the Planning Commission, after a public hearing on Application No. 84025, recommended denial of the application on the grounds that the standards fora sign ordinance variance were not met in this case. The Director of Planning & Inspection pointed out that a public hearing on the applications is required and that the applicant is present this evening. Mayor Nyquist expressed a concern that the Council is faced with a dilemna in that logic indicates that the area in question is different from a typical residential zone. However, he pointed out the zone is R1 and it is apparent to him that the City should look into developing a policy on redevelopment. The Director of Planning & Inspection noted that the Planning Commission has not made any recommendations against the residential expansion in this case, only for the home occupation. expansion. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 84024 and 84025, and inquired if there was anyone present who wished to speak at the hearing. Mayor Nyquist recognized the applicant Dr. Lescault who stated he believes his house meets all the setback requirements and that he did not anticipate having quite such a problem when he submitted this application. He added that he is building the expansion for convenience and that he is a small "mom and pop" operation. He also noted he lacks sufficient land to be able to request commercial zoning. He stated • he knows that the letter of law must be applied evenly, however, he believed his 8 -6 -84 -5- request would create a different situation in a more quiet residential area as . opposed to Brooklyn Boulevard. Mayor Ny uist inquired if there was anyone else who wished to speak at the public Y q hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application Nos. 84024 and 84025. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka inquired as to the status of property on Brooklyn Boulevard regarding commercial versus residential uses. The Director of Planning & Inspection replied that the City's Comprehensive Plan has some specific recommendations for this area and that the Planning Commission recommends conversion of Dr. Lescault's property and the surrounding property to a C1 zone. He added the Comprehensive Plan acknowledges the need for changes in land use but does not take any action to change it. He explained the City's current role is one of reacting to proposals for development and that the other alternative would be for the City to take a more proactive role in redevelopment along Brooklyn Boulevard. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 84024, subject to the following findings, conditions and considerations: 1. Special use permit approval is deemed necessary for the home occupation in question in light of the following factors: a. the extent of the home occupation use within the dwelling unit b. the level of traffic generated by the home occupation c. the use of equipment not normally found in a residential dwelling unit d. the employment on the premises of one nonresident employee 2. Special use permit approval is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 4. Special use permit approval acknowledges employment on the premises of not more than one nonresident employee. 5. A chemical fire extinguisher shall be installed in the area of the home occupation. 6. The hours of operation shall not be later than 6 :00 p.m. with no hours on Sunday. 7. All parking associated with the home occupation shall be off- street on improved space on the applicant's property. 8. Special use permit approval acknowledges use of the five rooms in the southerly portion of the residence, an area of approximately 545 sq. ft. for the home occupation use. 9. Special use permit approval specifically forbids the expansion of the dwelling or any accessory structure or use of other space than that outlined in Condition No. 8 above to be used for the home occupation on the grounds that such expansion of the use cannot be justified under the standards contained in Section 35 -220 of the Zoning Ordinance. 10. Special use permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. In discussion of the motion, Councilmember Hawes stated he believes this home occupation has gone beyond the scope of home occupations, and that he believes the Council should seriously look at the definition of what a home occupation is. Councilmember Theis stated that he agrees with the motion but that the area is certainly not a residential area. Upon a vote being taken on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny Application No. 84025 on the grounds that the standards for a sign ordinance variance are not met in this case. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MOTION ON REDEVELOPMENT POLICY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to authorize the staff to proceed on the preparation of a Redevelopment Policy for Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 84026 SUBMITTED BY BROOKDALE COVENANT CHURCH FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A MEDIATION, RECONCILIATION, AND COUNSELING CENTER IN THE FORMER PARSONAGE OF BROOKDALE COVENANT CHURCH AT 5139 BROOKLYN BOULEVARD Mayor Nyquist turned the meeting over to Mayor Pro tem Scott and indicated he was doing so because he was on the Board of Trustees of the Church and would, therefore, refrain from any consideration of this item. Mayor Nyquist left the Council table at 8:20 p.m. The Director of Planning & Inspection presented and reviewed for Council members pages 5 and 6 of the July 26, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84026. He 8 -6 -84 -7- reviewed the location of the subject parcel and noted that the zoning of the parcel was R1. He then reviewed the applicant's letter requesting the special use. 0 The Director of Planning & Inspection pointed out that following a public hearing on the application, the Planning Commission recommended approval of Application No. 84026, subject to four conditions which he reviewed for Council members. He then noted a public hearing was scheduled for the application this evening and that a representative of the applicant was present. Mayor Pro tem Scott opened the meeting for the purpose of public hearing on Application No. 84026. Mayor Pro tem Scott recognized Mr. Dwight Johnson, Vice Chair of the Church Board. He explained that he was active in the Brooklyn Center Mediation Project and that the church membership has given approval of the proposal. Mayor Pro tem Scott recognized Mrs. Barbara Jensen with the Brooklyn Center Mediation Project. Mrs. Jensen explained that she was enthused about sharing the facility with the other organizations and felt that it would be a positive addition to the community. Mayor Pro tem Scott inquired if there was anyone else who wished to speak at the public hearing. No one requested to speak and she entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on Application No. 84026. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Hawes stated he would abstain from voting on the application because of his affiliation with the Mediation Project. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 84026, subject to the following conditions: 1. Permit approval is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant for a Mediation, Reconciliation and Counseling center use and is nontransferable. 3. Building permits are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Special Use Permit approval acknowledges that the Mediation, Reconciliation, and Counseling center will not be operated currently and /or in conflict with Brookdale Covenant Church services. Parking for the Mediation, Reconciliation and Counseling Center shall be off - street on space provided in the Brookdale Covenant Church parking lot. Voting in favor: Mayor Pro tem Scott, Councilmembers Theis and Lhotka. Voting against: none. Mayor Nyquist and Councilmember Hawes abstained from the vote. Mayor Nyquist returned to the Council table at 8:30 p.m. ORDINANCES Administrative Assistant Bublitz introduced An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land. He noted the ordinance is offered for a first reading this evening and comprehends Planning ` Commission Application No. 84013 which is the H.E. Homes proposed office condominium project on Brooklyn Boulevard. The Director of Planning & Inspection explained the reason for bringing the ordinance to the Council this evening is to not delay the issuance of building permits for the project. He explained the final adoption of the ordinance will be contingent on the filing of the final plat. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land and to set the public hearing date for the ordinance on the 10th day of September, 1984 at 8:00 p.m. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:34 p.m. Deputy City Clerk Mayor 8 -6 -84 -9- MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planning Assistant SUBJECT: Performance Guarantee DATE: August 14, 1984 The following performance guarantee is recommended for release: 1. Showbiz Pizza Place 5939 John Martin Drive Planning Commission Application No. 81053 Amount of Guarantee - $5,000 reduced from $30,000 Obligor - Showbiz Pizza Place, Inc. Original guarantee of $30,000 was reduced to $5,000 on October 3, 1983 to insure viability of landscaping installed in 1983. All landscaping is viable in accordance with the approved plan and rooftop mechanical equipment is now screened. Recommend total release. Approved by a de Ronald A. Warren, Director of Planning and Inspection Member introducedthe following resolution and moved 'its adoption: RESOLUTION NO. s RESOLUTION DECLARING SEPTEMBER 16 TO SEPTEMBER 22, 1984 AS CRIME PREVENTION WEEK IN BROOKLYN CENTER WHEREAS, the Brooklyn Center Crime Prevention Fund is a citizen's organization founded by the Brooklyn Center Rotary and Chamber of Commerce and incorporated in May 1982; and WHEREAS, the purpose of the Brooklyn Center Crime Prevention Fund is to make money available for privately negotiated rewards, educating the public on how they may contribute to the prevention of crime and for use in identifying and preventing illicit activity; and WHEREAS, the Brooklyn Center Crime Prevention Fund is planning activities for the week of September 16, 1984 to September 22, 1984, including an open house at the police department, a joint luncheon with the Brooklyn Center Rotary and Chamber of Commerce, three neighborhood forums and a walk- a -thon, and WHEREAS, the Brooklyn Center City Council supports the efforts of the Crime Prevention Fund in Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the week of September 16 to September 22, 1984 is hereby declared as Crime Prevention Week in 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 the same: whereupon said resolution was declared duly passed and adopted. y' *01 Shingle Creek Parkway rr enter. MN 55430 siephons: �V uw �� �.:,.. J u � �+.�►� � (�� 1 ;D 61 -5443 - Answered 24 -hrs. �I V`�c:rJl... rime Tips: 61 -6649 August 8, 1984 1E BER ORGANIZATIONS: Mayor Dean Nyquist Brooklyn Center Chamber 5637 Brooklyn Boulevard of Commerce Brooklyn Center, Minnesota 55429 3rooklyn Center Fire Dear Mayor Nyquist: Association 3rookiyn Center Historical The Brooklyn Center Crime Prevention Fund is planning a Association "Crime Prevention Week" which is scheduled for September Brooklyn Center Jaycees 16 - September 22, 1984. We will kick off the week with an open house at the Police Station on Sunday, 'Brooklyn Center Jaycee 16; there will be several forums throughout the week at Women various locations; we will end the week with the walk -a- Brookiyn Center Leisure thon on `Saturday, September 22, which brings me to the Time purpose of this letter. The Crime Fund is asking you, as Mayor to declare this particular week as "Crime Prevention 8: Center Lioness .Week ". We appreciate your support of the Crime Fund and should you .Brooklyn Center Lions feel free to contact me. y have any questions, please • Club Brooklyn Center Police Sincerely, Association - , Brooklyn Center Rotary Zrooklyn Center Women's Phil Cohen Club President Brooklyn Center -B rooklyn Twins Crime Prevention Fund - (Community Emergency Assistance Program) PC : Cmg .forth Suburban Kiwanis BROOKLYN CENTER CRIME PREVENTION FUND BALANCE SHEET Receipts 1982 1983 1984* Donations $ 3491.00 $ 4457.00 $ 2029.00 Interest 29.00 211.00 307.00 Walk -A -Thou 0.00 3093.00 -0.00 - TOTAL $ 3520.00 $ 7761.00 $ 2336.00 Disbursements Operating Expenses $ 432.00 $ 1205.00 $ 247.00 lWalk -A -Thou 0.00 930.00 0.00 Rewards 1050.00 100.00 547.00 TOTAL $ 1482.00 $ 2235.00 $ 794.00 CASH BALANCE $ 2038.00 $ 7564.00 $ 9106.00 *Through August 15, 1984 Note: $325.00 is currently set aside for outstanding rewards. Gr ime-tighting gro ............ scrambles for funds By Ellen Foley said the board had no choice but to Staff Writer lay her off. Volunteer crime prevention activi- Jeff Mohr, president of the group, ; ties in Bloomington have come al said other cities that focus crime f { most to a standstill since May, when prevention efforts on a tipster re the Bloomington Citizen Crime Pre- ward line have been successful at azz F x s ; vention Association ran out of money soliciting large sums from business- and laid off its executive director. es. r The association has stopped publish- Don Groen, president of the Bloom• Ing its newsletter, its crime tipsters' ington Chamber of Commerce, said y reward fund is almost bankrupt and crime prevention may not be a high F t E a s h its officials say the organization priority for business leaders becauser 3 s r could lose the momentum it has built crime is more prevalent in residen• x a up over the past three years. ttal areas than business areas in Bloomington. The problem, said executive director Barbara Rutherford, is that the asso However, the chamber is selling tick - ciation has been unable to convince ets to Wednesday's Twins game as Bloomington businesses and rest- part of a fund- raiser for crime pre- ' $ a dents to donate the approximately vention, and it will review the needs ° "A. t f w $30,000 a year needed for supplies of the Bloomington Citizen Crime and her salary and benefits. Prevention Association, Groen said. The group, one of the region's larg- Mohr said he also will advocate that `` 4 est crime prevention organizations, the city hire a volunteer services 't `" distributes warning leaflets in neigh- director, who could direct the assoc i- borhoods where rapes or burglaries ation and other city hall volunteers.' have occurred and It sponsors a court watch program that tracks He has contacted city service associ- judges to make sure they follow sen- ations and asked Police Chief Jerry tencing guidelines. It helps produce Putman to help solicit support from a cable TV program to advise resi- them. dents on crime prevention, it con - ducts an Ice cream social at the "I'm just very confident that the J police station to acquaint residents community will be behind us;' Mohr with officers, and provides a Hallow- said. "It just seems to me that a' een haunted house. project such as ours that gets as # " & v !` many volunteers is appreciated." This year the 500-member body ! Staff Photo by Tom Sweeney raised about $20,000, Rutherford said, but by May it had just $1,600 in Bloomington Police Officer Uncle Miller and Barbara Rutherford dis- ..u_.�.__ . . .. its treasury and a $2,800 tax bill. She . _ played light timers that the crime- proven group is selling. , . • _ _ w � 4 i i r So me officials say �# �V �o 1! 07 6 h '4 y p ocket money � V f pie ��'� for police pays off 5 � By Jim Adams avoid entrapment or other improper y • 1" a �. Staff Writer actions. "You don't want 30 or 40 a s { ambassadors each interpreting poll A man recently released from prison cy In different ways;' he said. stopped to talk with Eden Prairie Detective Dan Carlson, The man had Although certain Minneapolis offi- no money, so Carlson gave him $25. cers are given cash to buy drugs or k A relationship of sorts began. pay informants, patrolmen are not. ^¢; a Cops are wonderful, but in my ex- When the man was later arrested for perlence, they will find a way to bur to he told P y y g ry, police the location send whatever move 'the are ! z of $2,500 worth of computer equip- given, even if they have to account ment that had been stolen from for it, said Police Chief Ton Bouza. '* �.� ` Eden Prairie High School. "Some "Giving them $25 would be a persis t ` r credibility had been established," tent drain with no insurance that it °" , r' , »�� ; Carlson said. "The $25 brought back would be used intelligently." $2,500 in computer equipment." Wayzata Police Chief David Brehm Eden Prairie is one of several cities disagreed. He said the pocket money in the metropolitan area that provide must be used cautiously with stria- �= patrolmen with $25 in pocket money gent rules, but its value is worth the x from city crime prevention funds to risk of misuse. Pay for tips, to get an informant a meal, buy illegal drugs or use in "If you can trust a guy, like we do other ways that may help solve with officers today, to relieve people crimes. of their civil rights, to carry weapons and to (be able to) shoot people; if J Q ; " a Other cities providing cash include you can't trust him to carry $25, we t k, . e. Wayzata, Hopkins, Golden Valley have a the wrong people (as offi• i r fr 5 6 and the South Lake Minnetonka o- cers)," Brehm said. "If a y 3 + " P for 25 1 can to makes k to Ii ce force, which serves tour Lake a mistake S r Minnetonka communities. Police in about it later." '_ t g , those departments said they have had no problems with using the Three of Wayzata's seven officers` pocket money. have chosen to carry the cash since Staff Photo by Bruce Sisping it became available to months ago, Advocates Eden Prairie Detective Dan Carlson said his $25 in pocket money from city crime prevention funds "brought back S2,5t)O in computer that strict c are necessary, but occurred when an undercover offi- equipment" to Eden Prairie High School. ° ready money sometimes buys infor• cer needed money to buy drugs, mation that otherwise would be lost. Brehm said. He pooled his money his pocket, that can't do anything but that helped solve about seven of Eden Prairie officers have used officers can be asked to display their Other authorities, however, are wary with the other two officers to make encourage him in his job," he said. them, he said. pocket money since 1877. Eden Prai- $25 at any time and must inform of giving patrolmen cash to spend the buy, which led to the arrest of a rie Chief Jack Hacking said four offi- parents of juveniles before giving 1 without the officers first obtaining St. Louis Park woman in June. Hopkins Chief Earl Johnson has set South Lake Minnetonka police have cers once pooled their cash to post them cash. "We don't just have offi - i approval for its use from 5upervi- up crime prevention funds with $25 used pocket money about seven bait for a man they arrested who, in cers running around with money In. sots, Only certain Edina officers can car- available to officers in Hopkins and times in the 2y years it has been return, provided information en- their pockets to spen d on some ry cash, but Police Chief Craig Swan- in the South Lake Minnetonka de- available, said Chief Richard Young abling police to solve two burglaries thing Hacking said. "You don't give an officer money son said making pocket money avail-. partment, where he was formerly In one case, an officer spent $14.24 and a vandalism incident. and let him make the rules," said able to all patrol officers is a good chief. Since the program started six on a meal for an informant whose Minnetonka Police Chief Richard idea. "If an officer doesn't feel he months ago, Hopkins officers have information led to the recovery of Officers must sign for the cash and Setter. He said a supervisor's advice has to jump another hurdle (by re used the cash in more then 12 drug stolen antiques valued at more than report how it was used, although is necessary to ensure that police questing cash) and has the money in and theft cases, gaining information $10,500, Young said. informants aren't revealed. He said x J .p , e µ+ im Ar bbb Y i a 5 #C t s ` • �. 4 x� � 1 ���: s # t ¢ g:, �A.� Rk+G � ,?tg�o� .w s � ''Al�Zg.<" xz . Staff Photo by David Brewster a r Neighbors chatted Tuesday night on a sidewalk on Vincent S. From left were Desyi Barrett, Kay b Hubbard, Chet Hursh and Kathy Pruno. d, 99 a City residents 'tin na tion a l a c i n to con ba crime F I,arg^_ numoers of Minneapolis peo- "The people have taken to the idea c pie joined a "National Night Out" o and are enjoying it," he said, esti- r anticrime campaign Tuesday night. mating that as many as 10 million l They sought to fight crime, indirect- x, sr people nationwide would take part. ' ly, by socializing for an hour or so z. T with their neighbors. "y Tn Minneapolis, the evening began with a concert in Whittier Park by 1 The coast-to-coast plan was based on w k the police department band, a crime the belief that when neighbors know ? prevention skit and a massive bat- I each other they are likelier and bet _ . T loon release, said Gunnar Larson'of I ter able to help protect one another Community Crime Prevention. from burglars and other criminals. C F. Minneapolis participation in last Florence Pfeifer, a south Minneapo - .. ' ' ,: night's experiment was sponsored by Its block leader who was hostess to a f �` Community Crime Prevention, a city neighborhood group on her front I �, agency. Some groups had organized porch, said she got involved in dessert parties, marshmallow roasts crime watch activities after her hus , potluck dinners, barbecues and vol- band died and someone tried to s leyball games. break into her house. Rain dampened some of those activi- Her neighbors have meetings and ties but Lucy Gerold, Community exchange such information as vaca- Crime Prevention director, said a tion periods when houses will be Florence Pfeifer spot check in her neighborhood empty, she said, adding: "'We neigh- showed many porch tights burning bors all watch out for each other." porch lights and sit outside between and neighbors getting together. 9 and 10 p.m. to put a dent in a Across the nation, residents of hun- "ridiculous" crime wave, said Matt Gerold, who said her home was bur- dreds of communities in 20 states Peskin. Wynnewood, Pa., director of glarized, about six years ago, was ; joined in the effort, in which resi- the National Association of Town f dents were asked to turn on their Watches, which organized the event. Campaign continued on page 6l3 a P pa a Ipafgn Centinued from page 18 hostess for a neighborhood gathering group said the effort was intended to • on the porch of her south Minneapo- show the effectiveness of an alert Its home. neighborhood, to generate support foi "W�'er< drinking beer and renewing atch and Participation in local crime g programs. to strengthen neigh- acquaintances and meeting new borhood anticrime spirit and 'to neighbors," she said. send a message to U►e' criminal com d ne aim, Gerold said, Is to reduce across the count t hat neighborhoods the fear of crime. It goes a long way, watching." are organized and Ad said; for people to "get to know their neighbors and to know that th ey're not alone." . ' Minneapolis Star and Tribune N �. C ommunity rY », Thursday August'9/1984 1 X Northwest zone pages inside IL 2 'onl Night Out' just the of crime watch iceberg By Paul Gustafson An exception Is Fridley, where po- While crime prevention officials of- "The concept seems to fit our com In the 12 -month period that ended In Coon Rapids, where officials of Staff Writer lice officials say neighborhoods with ten see a marked decline of crime munity perfectly. Those neighborly June 30 there was an average of one the city and the Anoka- Hennepin crime watch programs have less rates In areas with watch groups groups are always out there ... All burglary for every 45 homes in Frid- School District have started crime From neighborly "clusters" in Edina than half the burglaries of neighbor- compared with adjacent areas with- we do is give them a little Identity, ley single - family -home neighbor- watch programs in three school at- to block groups in Minneapolis, a hoods without them. out groups, Gerold said Minneapolis and information," he said. hoods with crime watch groups. In tendance areas, officials hope to grass roots movement to fight crime has no recent statistics that show similar neighborhoods without watch avoid the complacency problem by — aided by police, city and even Since it began in 1977 with a modest conclusively that neighborhood Swanson sold he hopes that statistics groups, the burglary rate was one organizing neighborhood groups that community school officials — is pilot project in three neighborhoods, watch groups cut crime. will eventually show the effective- burglary for every 17 homes. tackle more than crime issues. gaining momentum throughout the crime prevention In Minneapolis has ness of Edina's Neighbors Home Twin Cities area. grown into a $500,000 program That proof come out of a nation- Watch program, which began in No- Fridley and Minneapolis must deal Coon Rapids officials are impressed staffed by 14 full -time employees al study, which includes Minneapo- . vember 1982. But even without statis- with a problem that newer watch enough with their current crime This week's National ;Night Out cam- who work with 500 crime watch lis, expected to be completed late tics, be said, the program has shown programs have yet to face: how to watch programs to consider a plan to paign, which encouraged neighbors groups in 64 of the city's 84 neighbor- next year, she said. results by another measure: a de- maintain resident interest in watch develop a $140,000 citywide program to turn on their porch lights and visit hoods. crease in residents' fear of crime groups once they've been formed. over five years, said Stewart and to Lur for an hour, was only ahigh- Rather than organizing neighbor- where watch programs have begun. Police Chief Gerald Nelson. outsid ly visible manifestation of the drive. Program Director Lucy Gerold said hood groups for crime watches, Edi• "It would he nice if we could orga i the logic of crime watching is sim- na offered existing "clusters" of rest- Fridley Public Safety Director Jim nize all 4,000 residential blocks, and "We don't have any hard, cold fig - Out of the sight of cameras, thou- plc: watchful residents who commu• dents crime prevention tips, infor- Hill, whose city began its crime have them work on their own with- ures yet. There's been a reduction of sands of residents in Minneapolis nicate with each other are taught mation and signs that warn burglars watch program a year after Minne out help, but they don't work that burglary in crime watch areas, but and some area suburbs have been simple crime prevention measures, that neighbors watch out for each apolis, said he is satisfied that his way. They need stability and motiva- that trend has occurred throughout quietly organizing neighborhood and receive Information on local other, said Police Chief Craig Swan- community's crime statistics prove tion, and that comes from a staff that the city. My feeling is there is bene- crime watch groups to protect each crime trends that can reduce crime son. k with them," Ger- fit from the crime watch progra ms other. rates, especially for burglaries. watch groups. old said. in that they bring neighborhoods to- Like many suburban crime watch gether — getting to know your neigh. Though united In purpose, Twin Cit- "I think there's a prevalent myth programs, Edina's is funded in part Seven years into a program aided by Hill said he worries that Fridley's bor is a big part of this program," !es crime watch programs vary that what's out there is a profession- by a private crime prevention fund. a two -year, $65,000 federal grant and crime watch program could suffer said Nelson. greatly inform, funding, and sophis- at burglar who cases a place, and It also keeps costs to a minimum by three federally paid organizers, from its effectiveness. "Success is tication. And while police officials comes in with fancy tools to break asking watch groups to pay for their Fridley has about 430 resident watch one of the main problems of continu- Staff members Peggy Koop and believe they deter crime, most say in. But far more burglaries are own neighborhood crime watch groups in 33 neighborhoods, and bur- Ing the program. If you're successful, Ilgo Eglitis also contributed to this they don't have the statistics yet to crimes of opportunity committed by signs, and by using cable TV to dis- glary rate statistics that Hill says 8re and burglaries drop off, people go on article. back that assumption, amateurs who are looking for easy tribute crime information to them, fantastic." to other things," he said. ways to break in," Gerold said. Swanson said. I i i 1 J f Greg Tomatz 4818 Howe Lane Brooklyn Center, MN 55429 - 536 -8370 y rim .x ` Brooklyn Center Crime Prevention Fund Announces CRIME PREVENTION WEEK September 16 -22, 1984 ACTIVITY DATE TIME LOCATION ------------------------- Police Dept. Open House Sunday, 9 -16 -84 1:00 PM 6301 Shingle Creek Parkway, Brooklyn Center, MN - 4:00 PM Neighborhood Forum Tuesday, 9 -18 -84 7:00 PM Earle Brown Elementary School 5900 Humboldt Ave. N., Brooklyn Center, MN Neighborhood Forum Wednesday, 9 -19 -84 7:00 PM Garden City Elementary School 3501 - 65th Ave. N., Brooklyn Center, MN Neighborhood Forum Thursday, 9 -20 -84 7:00 PM Brooklyn Center High School 6500 Humboldt Ave. N., Brooklyn Center, MN Walk -A -Thon Saturday, 9 -22 -84 8:30 AM Trailway System beginning at Central Park - 1:00 PM (behind City Hall, 6301 Shingle Creek Parkway) (see reverse side for additional details) THE PUBLIC IS WELCOME TO THESE ACTIVITIES. REFRESHMENTS WILL BE SERVED AT ALL EVENTS. I - - - - -- -- - - - - -- -- -------------- - - - - -- - - -I- ------ - - - - -- ------------------------------------------ - - - - - ISerd check or money order to: I WALK- A -THON FOR CRIME PREVENTION I CRIME PREVENTION FUND ! September 22, 1984 I' I' 6301 Shingle, Creek Parkway ( 1 I Brooklyn Center, MN 55430 I *Yes, I would like to participate in the Walk -A -Thon. I Please send me more details on registration J IVES! I want to help. Enclosed is my contribution. I *Yes, I would like to sponsor someone in the I ((Contributions tax- deductible.) $5 $10 $15 $ ( Walk-A -Thon I I l INAME I NAME — I (ADDRESS 'I ADDRESS I IZIP PHONE I ZIP PHONE i I Return to: Crime Prevention Fund, 6301 Shingle Creek Pkwy I I ( Brooklyn Center, MN 55430 ------------------------------------------------------ -------------------------------------------------------------- POLICE DEPARTMENT OPEN HOUSE Sunday, September 16, 1984 1:00 - 4:00 PM City Hall, 6301 Shingle Creek Parkway Brooklyn Center, Minnesota No admission * * * * * ** *MEET CASEY JONES * * * * * * ** *2:00 PM - Canine Demonstration *Department Tours *Fingerprinting of children ; .... v *Vehicles on display including Hennepin County Crime Lab, Fire ( n z ZO Department rescue squad and boat, armored car, highway patrol »mom �y =' o helicopter, North ambulance, police squad car, code enforcement a _,= C) c truck *Blood pressure checks 33 �= c 3 a n *Displays by Alcohol, Tobacco & Tax Agency, DNR, BCA :� NN,y Z m *Displays on drunk driving detection equipment, drugs, radar °_ OT 33? < equipment, anatomically correct dolls used in child sexual abuse oZ 3 0 cases, bike safety, Operation ID, CPR, Crime Prevention Fund, :mK N home lock systems 00 q) *Clowns, balloons, refreshments oz :og NEIGHBORHOOD CRIME PREVENTION FORUMS :sm m x� <� 3 O DO Tuesday, September 18, 1984 Earle Brown Elementary School "$;_ °, x z c> Wednesday, September 19, 1984 Garden City Elementary School x °_ "'mm ; Cr Thursday, September 20, 1984 Brooklyn Center High School K� ma0 22 2 m i N m N m 2 ! : N O p m 7:00 PM - Refreshments 7:30 PM - Program z o -- - - - - -- -- *Home and personal security - I M I *How to form Neighborhood Watch groups *Overview of the Police Department Ix. N I *Lock demonstration 1 W=> a 0 d Ax *Current crimes in Brooklyn Center I No C O O *Question & answer period of Police Department personnel A "ac �O 'DO m N [ : I °ice 0) -n aI WALK- A -THON FOR CRIME PREVENTION L— _-- - - - -.J Saturday, September 22, 1984 8:30 AM - 1:00 PM o I Trailway System, starting in Central Park I_�� =D �= O m Z j D O m3 - N _ Z (behind City Hall, 6301 Shingle Creek Parkway) o �;Q a �W� - m H? n N (D O Z ID V *money is being raised to be used for rewards, payoffs to ° d I informants, and "buy money" for use in identifying fencing M I operations, burglary rings, narcotics rings and improving stolen :I I goods recovery : r_ - -- -----� *participants choose to walk between one and ten miles I o I *refreshments provided at checkpoints along the trailway I o ON x *following walk, participants served free ice cream :j a= a � z 0 *participants receive coupon to swim at the Civic Center pool for 1N° °Qa z W O 2 I $0.50 on either 9 -22 -84 or 9 -23 -84 . Nw0 y o *prizes awarded to participants 18 years old and younger, but :I � r c m 0 j parents and other concerned citizens are welcome to walk :1 N < M I *p articipants collectin $25.00 or more receive a free T-shirt; :I I 9 L - J those collecting $50.00 or more receive a free T -shirt and tote - - - - - - bag *grand prize awarded to participant collecting the most money *drawing of prizes donated by local businesses and civic organizations held for participants g d o 18 years old and younger REGISTRATION: Children can register through their schools. If you would like to register or sponsor a student, clip the coupon on the opposite side and return to the Crime Prevention Fund. Flyer printed for the Crime Prevention Fund courtesy of the PIZZA FACTORY i M & C t; 1. 84-09 August 17, 1984 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Review of Boulevard Tree Removal Policy To the Honorable Mayor and City Council: Attached please find a copy of a report giving the history of our boulevard tree removal policy and an update on costs and some information about projected costs. This review was requested by the Council as a part of citizen concerns that the policy Brooklyn Center currently is operating under is out of step with neighboring communities. The policy question will turn on whether or not the City Council wants to set its policy based on intercity comparison or inteacity comparison. If the Council believes we should be more in step and in line with most of our neighboring communities who pay 100% of boulevard tree removal costs, then the intercity comparison would be valid. However, if you compare within the community and how we have treated citizens in the past, then the current policy would prevail. Without question if we compare our policy to most of our neighboring cities who are paying 100% while Brooklyn Center is paying 50% of the boulevard tree removal costs, we are inconsistent. If you choose to compare our current policy to the way we have treated other citizens within Brooklyn Center in previous years, then the current G policy is justifiable. Good arguments can be made in favor of either staying with the present policy or changing. From the staff's point of view we believe it would be more consistent if the City stayed with its current policy so as citizens who had to take down boulevard trees last year and the years before are treated the same as citizens now having boulevard trees removed or in the future. We believe there is merit in consistency over time because the tax dollars spent on this program are totally within the limits of Brooklyn Center and our policy does not affect citizens outside Brooklyn Center. As always we stand ready to answer any further questions you may have. Res etfully - tt d, Gerald G. Spli r City Manager enc. Gerald G. Splinter, City Winager 4 FRCM: Mike Dean, Intern DATE: August 10, 1984 SUBJECT: Shade Tree Program P.eport INTRODUCTION . The Minnesota State Diseased Shade Tree Program began in 1975 with passage of the Diseased Shade Tree Control Act. Over 27 million dollars was appropriated -in 1975 and 1976 to the Department of Agriculture to administer the act and reimburse municipalities for the removal of diseased shade trees. During 1976, few municipalities (including Brooklyn Center) participated in the program. This was because cities could be reimbursed only through matches of special assessments to property owners for removal of trees - a procedure which could cause cities to exceed levy limitations. In 1977, the law changed to allow cities to assess tree removal through "special levies ", and approved city programs. To special assess for tree removal the City had to set up a Diseased Shade Tree Program approved by the Department of Agriculture. ljr sons who removed trees without going through the City Program could not e�ceive reimbursement from the State. MECHANI OF REIMBURSEMENT The Diseased Shade Tree Control Act mandated the City to pay for at least half the cost of tree removal from boulevards. Prior to 1977 property owners paid 100% of the cost of tree removal from boulevards. State reimbursements could not exceed 50% of the cost of tree removal. Reimbursements were made only for those trees removed through the City Program. Property owners then payed the City cash when billed by the City, or they paid 'the City through a special assessment with interest. The exact percentage of the cost of boulevard tree removal reimbursed by the State went lower each year as funds depleted and as the number of diseased elms decreased. In the case of boulevard trees, property owners were given half the reimbursement dollars. By July 1982, reimbursement funds were depleted and the State Shade Tree Program office was closed. Communities could choose at this point, whether or 'not to continue their diseased shade tree control programs with their own funds. A URR ENT POLICY ter the State reimbursement program dissolved Brooklyn Center chose to continue t r I(vyoi,jI Z'rrJjr l(TI ut lt'. C1`rlrl F'yp - r` ;o, btit <jr(lpjs�d th- rl.•fr,rt•. .;} i;rs ;,r�lr -,m �<;rn;>i��t,l y , 0 ojx�rt y (r, st.il l pay half the of boul(�vard t r oe removal alonq with a 5 adimnistrat ive fee lx2r tree removal agreement . The City's half comes from the general fund. Storm damaged trees are removed by the City at no charge. Owners are responsible for removal of the stump. The following cities pay the entire cost of diseased tree removal:* Richfield Plymouth Bloomington Robbinsdale Golden Valley Crystal St. Louis Park Fridley Minnetonka Columbia Heights Coon Rapids Brooklyn Park charges a $10 administrative fee per agreement. *This is only a partial listing of shade tree control program cities. COSTS Attached is a table showing the total number of trees (boulevard and other trees) removed between 1977 and 1984; combined removal and reforestation costs between 1977 and 1984; and the percent of removal reimbursement costs between 1977 and 1984. Reforestation is about 15% of the totals. 0 983 Boulevard Tree Removal Costs Number of Boulevard Trees Removed: 84 Costs: City $4,269.00 Owner (plus $15 per agreement) $4,2 TOTAL $8,538.00 Average cost per owner was $50.82 1984 Boulev Tree Removal Costs to Date ' Number of Boulevard Trees Removed: 30 Costs: City $1,750.00 • Owner (plus $15 per agreement) $1,750.00 TOTAL $3 1985 Projected Boulevard T ree Removal Costs Number of trees to be removed Approximately 100 Costs: 100 trees at $100 each = $10,000 ESTIMATE OF NUMBER OF DISEASED OR LIKELY DISEASED TREES LEFT ON THE BOULEVARDS actual count of boulevard trees has ever been taken. "Armchair" counts, 14plowever, show the City started with about. 3,650 boulevard elms. Approximately 1,200 - 1,600 boulevard elms remain on the boulevards. At an �w�r.,� ;� �,;�' f ';�Ir;�i Ir r i r�� i;�� !��' � �•�r� "': "ct to I >,ay $120 Ior if.,,iIC'1 -Jr(I trr�r� rt v)vcil OvC,t t I if I<< ' %f (A'`�'.U:�_. rrjmtr�r of trees r(,rrx)ved fx-r yr�ar varies depending on how the disease �5f read!; during the year. Soren say rainy remaining elms are resistant to the disease. But this is not known for sure. `IVJ'AI, NUi•if:1:I± OF TPE S KI-:MOVL•'D; COMBINI D Alit) PEIMOVAL COSTS; A14D PENCENTAGE OF S`IAI'f : FOR fd- ;MOVIIL NUMBER OF YEAR TREES REM CO % REIMBURSEMENT 1977 669 $51,815 40$ 1978 712 $52,457 45 1979 487 $44,200 41$ 1980 478 $55,310 25% 1981 583 $78,091 12�% 19822 397 $41,000• 0% 1983 288 $29,000 0% 1984 30 $ 3,500 0% 1 Reforestation accounts for about 15% of the 1977 1981 totals 2 Removal costs only ' 3 Boulevard elms only to date i; ' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Brooklyn Center, Minnesota and the County of Hennepin have in effect a joint cooperation agreement, County Contract No. 90434, for the purpose of the United States Department of Housing & Urban Development Community Development Block Grant Program; and WHEREAS, the City and the County wish to terminate the agreement and execute a new joint cooperation agreement, County Contract No. 10370: Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the current joint cooperation agreement between the City and the County, County Contract No. 90434 be terminated effective September 30, 1984 and a new joint cooperation agreement between the City and the County, County Contract No. 10370, be executed effective October 1,1984, and that the Mayor and City Manager are hereby authorized to enter into the agreement on behalf of the City. 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. Contract No. JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," and the CITY OF , hereinafter referred to as "COOPERA- TING UNIT," said parties to Ms Agreement each being governmental uni of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59; WITNESSETH; In consideration_of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. I. DEFINITIONS For purposes of this Agreement, the terms defined in this section have the meanings given them: A. "The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93 -383, as amended (42 USC 5301 et�. seq. ). B. eR" lations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Unit" means any city or town in Hennepin County which has entered into a cooperation agreement which is identical to this Agreement, as well as Hennepin County which is a party to each Agreement. E. "Statement of Objectives and Projected Use of Funds" means the document bearing that title and submitted to HUD for authori- zation to expend the entitlement amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. F. "Planning Area" means one of the various regions of Hennepin County as defined in the Citizen Participation adopted for purposes of the Act by County by Resolution. The definitions contained in 42 USC 5302 of the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. II. PURPOSE COOPERATING UNIT and COUNTY have determined that it is desirable and in the interests of their citizens that COUNTY qualify as an Urban County within the provisions of_the Act. This Agreement contemplates that identical agreements will be executed between COUNTY and any city or town in Hennepin County which does not qualify as a metropolitan city under the Act in such number as will enable COUNTY to so qualify as an Urban County. under the Act. The purpose of this Agreement is to authorize COUNTY and COOP- ERATING UNIT to cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities which will be funded from annual Community Development Block Grants from Fiscal Years 1985, 1986 and 1987. III. TERM OF AGREEMENT The term of this Agreement is for a period commencing on the effective date of October 1, 1984, and terminating no sooner than the end of program year thirteen (XIII) covered by the Statement of Objectives and the Projected Use of Funds for the basic grant amount approved by HUD subsequent to the effective date. This Agreement is extended automatic - ally for each subsequent three year program period unless written notice of termination to be effective at the end of the three year program period is given by COOPERATING UNIT to COUNTY following the same schedule as the notification of opportunity to be excluded. COUNTY shall provide written notification to COOPERATING UNIT of the opportunity to be excluded and terminate this Agreement. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of the three year program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the office of the Hennepin County Administrator, and in no event shall the Agreement be filed later than September 14, 1984. IV. SCOPE OF ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. 2 A. COOPERATING UNIT further specifically agrees as follows: 1. COOPERATING UNIT will in accord with•a COUNTY established schedule parepare and provide to COUNTY, in a prescribed form, an annual request for the use "of Community Development Block Grant Funds consistent with program regulations and Urban Hennepin County program objectives." 2. COOPERATING UNIT will use all funds received pursuant to the Agreement for each annual program within eighteen (18) months of the approval by HUD of the basic grant amount. Expenditure period extensions shall not be permitted, except in cases where the funded activity has been initiated and /or subject of a contract to execute between the COOPERATING UNIT and a vendor. 3. COOPERATING UNITS will take actions necessary to accomplish the community development program and housing assistance goals as contained in the Urban Hennepin County Housing Assistance Plan. 4. COOPERATING UNIT will ensure that all programs and /or activities funded in part or in full by grant funds received pursuant to this agreement will be undertaken affirmatively with regard to fair housing, employment and business opportu- nities for minorities and women. It will in implementing all programs and /or activities funded by the basic grant amount comply with all applicable federal and Minnesota Laws, statues, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities. 5. COOPERATING UNIT will participate in the citizen participa- tion process as established in the Urban Hennepin County Citizen Participation Plan. B. COUNTY further specifically agrees as follows: 1. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies on an annual basis all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. 2. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of the request for funding. 3. COUNTY shall provide ongoing technical assistance to COOPERA- TING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing assistance goals. The parties mutually agree to cooperate fully in the preparation of the Statement of Objectives and Projected Use of Funds to qualify for receipt of the basic grant amount. 3 4. COUNTY shall upon official request by COOPERATING UNIT agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement provided that COUNTY shall receive reimbursement for costs associated with operating local housing rehabilitation programs, the amount of which shall be established on an annual basis. 5. COUNTY shall, as necessary for clarification and coordination of program administration, develop and implement Administra- tive Rules consistent with the Act, Regulations and HUD administrative directives. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and /or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development of applications pursuant to 24 CFR 570.300 et.seq• Y. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under the Act shall be allocated as follows: A. COUNTY shall retain ten percent (10 %) of the total basic grant amount for the undertaking of eligible activities. B. The balance of the basic grant amount shall be apportioned by COUNTY to COOPERATING UNITS in accordance with the following formula for the purpose of allowing the COOPERATING UNITS to make requests for the use of funds so apportioned. The allocation is for planning purposes only and is not a guarantee of funding. Each COOPERATING UNIT shall use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 20 The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of housing overcrowded by units in COOPERATING UNIT and the extent of housing overcrowded by units in all COOPERATING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. It is the intent of this paragraph that said planning allocation utilize the same basic elements for allocation.of funds as are set forth in 42 CFR 507.4. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. 4 i In the event that any COOPERATING UNIT cannot commit, expend, does not apply or cannot qualify for a community development block grant, or a portion thereof, COUNTY will reallocate the unexpended or unallocated grant funds to a Countywide Discretionary account. The reallocation will include funds pursuant to Article IV paragraph A. 2. of this Agreement. COUNTY will retain ten (10) percent of all funds placed in the Countywide Discretionary Account to help defray the administrative costs associated with planning and administering the Countywide Discretionary reallocation process. COUNTY will inform each COOPERATING UNIT of the Countywide Discretionary account balance and will provide the opportunity to COOPERA- TING UNIT to make request for use of all or a portion of the funds. VI. FINANCIAL MATTERS Reimbursement to the COOPERATING UNIT for expenditures for the implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form and Hennepin County Warrant Request, and supporting documentation. All funds received by COUNTY under the Act as reimbursement for payment to COOPERATING UNITS for expenditure of local funds for activities funded under the Act shall be deposited in the County Treasury. COOPERATING UNIT and COUNTY shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the COUNTY to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. COOPERATING UNIT and COUNTY agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided bylaw, but in no event for a period of less than three years from the last receipt of program income resulting from activity implementation. COUNTY shall perform all audits of the basic grant amount and resulting program income as required under the Act and Regulations. Program income derived from activities funded in total or part from the basic grant amount received by COOPERATING UNIT shall be returned to COUNTY for inclusion in the Countywide Discretionary Account, except that income generated from approved revolving account activities dependent on the return of said income, shall remain with the activity. a 5 COOPERATING UNIT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19 , and pursuant to such approval and the proper County o icia having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPIN, STATE OF MINNESOTA Agreement will be legally valid and binding. By: Chairman of its County goard And: County Administrator Assistant County Attorney Date: ATTEST: Deputy County Auditor APPROVED AS TO EXECUTION: CITY OF: BY: Its Assistant County Attorney Date: And: Its CITY MUST CHECK ONE: The City is organized pursuant to: Plan 7an E — arter Member_ introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS FOR FURNISHING AND DELIVERY OF BLEACHERS AND PRESS BOX AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. The specifications for furnishing and delivery of bleachers as prepared by the City's Parks and Recreation Director are hereby approved and ordered filed with the City Clerk. 2. The Clerk shall advertise for bias for such equipment by publication at least once in the official newspaper, the date of first publication not less than ten days prior to the date of receipt of bids. Said notice shall state that no bids will be considered unless sealed and filed and accompanied by a cash deposit, bid bond, cashier's check or certified check payable to the City Clerk in an amount of .not less than five per cent (5%) of the accompanying bid. 3. Bid date is set for Thursday, September 13, 1984, at 11:00 a.m. 4. The.City Manager shall be authorized to open and tabulate the bids. 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 favoer thereof: and the following against the same: whereupon said resolution was declared duly passed and adopted. C T TY OF BROOKLYN CT.-;N'I'! R 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 PROVISIONS & SPECIFICATIONS FOR BLEACHERS AND PRESS B OX 1. GENERAL All bids must be received at the office of the City Clerk on or before 11:00 a.m., Thursday, September 13, 1984, and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked "Bid for Bleachers and Press Box ". Each bid shall be accompanied by a certified check or bidder's bond, payable to the City Clerk, in the amount of at least five per cent (5%) of the total amount of the bid. It is also understood that the City Council reserves the right to reject any or all bids, to waiver informalities and to award the contract to the best interests of the City. The bleachers proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for installation in accordance with these specifications. Manufacturer's reference, trade name, model number, brand or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material or equipment desired. All equipment bid shall be as specified or approved equal. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such a suit and save the City harmless in all actions. Complete specifications and instructions for installation of equipment shall accompany the bid. 2. GUARANTEE The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in the design, material, and workmanship. All defective parts and material shall be replaced free of cost to the City of Brooklyn Center, including labor for a period of one year from date of delivery. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and service; as well as analysis and comparison of specifications and performance. P ROPOSA L BL EACI(I',RS AND PItESS�'�OX To: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN., 55430 Gentlemen: We propose to furnish and deliver bleachers /pressbox according to the .specifications at the bid price noted on the "Proposal" form. We agree to deliver /install the bleachers /pressbox within days after acceptance of bid. In guarantee of'sincerity of purpose in entering this bid, the undersigned encloses a certified check or bidder's bond in the amount of five percent, (5 %), of the total amount bid, made payable to the City of Brooklyn Center, which it is agreed will be forfeited to the City in the event that said proposal is accepted and said contract is not executed as herein stipulated. ALTERNATE I Bleachers (delivered only) $ ALTERNATE I -A Bleachers delivered and assembled on site ALTERNATE II Pressbox (delivered only) $ I L' ALTERNATE II -A Pressbox (delivered and installed on 45' bleacher) i Signed Firm Name Address DATE Bid opening:' Time: ate: AMNERAL SPECIFICATIONS It is the intent of these specifications that the City of Brooklyn Center shall purchase two (2) ten -row x 21' non elevated bleachers and one (1) ten row x 45' non elevated bleacher with one (1) 12' x 8' x 7' press box attached to the 45' bleacher. Equipment bid shall be new, currently advertised standard production model incorporating all latest changes and features. Equipment fur- nished shall comply with all requirements as set by the Uniform Buil- ding Code and shall conform with all Minnesota State Codes. f . ALTERNATE I - BLEACHERS Material T 1 components shall be structural aluminum alloy 6061 -. P s Y T6 with mill finish. Seats and footboards shall be made up of aluminum alloy 6063 -T6 with clear anodized finish conforming to the Aluminum Association Architectural Class II minimum specification, AA- MIOC22A31. All plank ends shall be covered with factory installed aluminum end caps. Other aluminum components shall be made of alloy 6063 -T6. Nuts, bolts, and washers shall be cadmium plated steel. Load Design Bleachers shall be designed to support a uniformly distributed live load of not less than 120 pounds per square foot of gross horizontal projection of the bleachers. Bleachers shall be designed to 'resist, th or without live load, a horizontal wind load of 30 pounds per square foot of gross verticle projection /. Bleachers shall.also be designed to resist sway loads of 24 pounds per linear foot parallel to seat planks, and 10 pounds per linear foot perpendicular to seat Sa nks. Guardrails shall be designed to resist a verticle load of 100 pounds per linear foot and a horizontal load of 50 pounds per linear foot. Dimensions Uprights or risers: 2 7/8" O.D. tube, .078" wall thickness or equal. Horizontal braces and footrest supports: 3, x 2 7/8 channel, .125 wall thickness or equal. Cross braces and diagonals: 2 1/4" x 7/8 . 078 wall thickness or equal. Seats and footrests: 2" x 10" nominal extruded aluminum 6063 -T6 alloy, wall thickness .078 ". I NTERNATE II - PRESS BOX The press box shall be 12'L x 8'W x 7'H. The press box shall be wired for 100 amp service, and shall contain three wall outlets and four SS240 lights. Bidder shall be responsible for design of the press box and shall submit design specifications at the time of bidding. Mcmher introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR EVERGREEN PARK /AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE II (CONTRACT 1984 -I) WHEREAS, pursuant to Resolution No. 84 -65 adopted by the Council on the 23rd day of April, 1984, plans and specifications have been prepared for Improvement Project No. 1984 -07, Phase II and such plans and specifications have been presented to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The plans and specifications for the following improvement as prepared by the City's consultant, Orr- Schelen- Mayeron &Associates, Inc. are approved and ordered filed with the City Clerk: EVERGREEN PARK /AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE II 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement ,- shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 -A.M. on September 13, 1984, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer,, will then be tabulated and will be considered by the City Council at 7:00 P.M. on September 24, 1984, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was. declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY ri of BROOKLYN CENTER, MINNESOTA 55430 B ROO K L Y Nlr TELEPHONE 561 -5440 R ® ENT EMERGENCY - POLICE - FIRE 1 ` j 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 17, 1984 RE: Phase II Development of Evergreen Park /Area As the first phase of the Evergreen Park /Area nears completion, the City's consultant has completed plans and specifications for completion of the second phase of the proposed area improvements. Included in the second phase are: Field and trail lighting Field irrigation system Well house construction over existing Well No. 4 Area landscaping As outlined in the Engineer's Report of April 23, 1984, the.estimated cost of this phase of the improvement is $203,670,.while a review of costs to date indicates that the project is approximately $53,120 under the budgeted amount. Respectfully submitted, SK; jn ;�1 -56makag Nam sSe,uiY�e r introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING DELIVERY UNDER CONTRACT 1984 -D (LIFT STATION IMPROVEMENT PROJECT NO. 1983 -09, PHASE II) WHEREAS, pursuant to written Contract 1984 -D signed with the City of Brooklyn Center, Minnesota, Flaherty Equipment Company has satisfactorily supplied equipment specified under the following improvement in accordance with said contract: LIFT STATION IMPROVEMENT PROJECT NO. 1983 -09, PHASE II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The equipment supplied under said contract is accepted and approved as outlined below: As Approved Final Amount Original Award $ 26,989.00 $ 26,936.25 2. The value of the contract is less than the original amount by $52.75 reflecting credit given for fuel allowance. 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 $26,936.25. 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. Mrzml�er introduced the fol.lowinfj rf- -sol_ution acid moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -E (WATER MAIN IMPROVEMENT PROJECT NO. 1984 -02 AND WATER SERVICE REPAIR PROJECT NO. 1984 -06) WHEREAS, pursuant to written Contract 1984 -E signed with the City of Brooklyn Center, Minnesota, Hayes Contractors, Inc. has satisfactorily completed the following improvements in accordance with said contract: WATER MAIN IMPROVEMENT PROJECT NO. 1984 -02 WATER SERVICE REPAIR PROJECT NO. 1984 -06 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: Water Main Improvement Project No. 1984 -02 As Approved Final Amount Original Contract $ 72,247.75 $ 76,061.89 �t Water Service Repair Project No. 1984 -06 Original Contract $ 77,681.00 $ 82,638.35 2. The value of work performed is more than the original contract amount by $8771.49 due to a general underestimation of planned quantities. 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 $158,700.24. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. There is hereby appropriated the sum of $5,453.08 for additional costs incurred under Project No. 1982 -06, said appropriation to be financed by the Public Utility Fund. Date Mayor A � ATTEST: Clerk RESOLUTION NO. i 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 -, y CITY 6301 ;. HiNGLE CRECK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 16, 1984 RE: Review of Contract Costs - Contract 1984 -E (Water Main Improvement Project No. 1984 -02 and Water Service Repair Project No. 1984 -06) Attached is a resolution accepting work completed in the installation of water main along Lee, Major, and 70th Avenues (Project No. 1984 -02) and water service repairs within the south Industrial Park (Project No. 1984 -06). As outlined in the resolution, both projects experienced cost overruns. A brief summary of the conditions contributing to the overruns follows: Project No. 1984 -02 Project overrun - $3,814.14 Primary source of overrun quantity - office miscalculation of sodding necessary to restore boulevards - $2,975.70 Secondary source of overrun quantity - Addition of pavement restoration to correct substandard pavement condition on 70th Avenue - $588.49 Miscellaneous quantity overruns - $249.95 TOTAL - $3,814.14 (or 5.30 of project contract cost) i Project No. 1984 -06 Project overrun $4,957.35 Source of overrun - 1969 as -built drawings did not accurately locate all existing service extensions. As a result, repeated excavations were necessary to locate the mains. Work involved in the excavation process included dewatering, additional pavement repair /removal and additional miscellaneous surface (concrete sidewalk, median, curb, sod, etc.) restoration. August. 10, J98-1 - G.G. SI)l ititcr Page 2 Note #1 - Overrun equals 60 of project contract cost Note #2 - The purpose of this project was to avoid individual failure of the service extensions resulting from improper installation. During the course of the project we found 5 extensions which were leaking and on the verge of failure. Examination of the other 19 extensions which were either abandoned or corrected showed a clear indication of potential failure. Accordingly, it is our opinion that this was a very timely and cost- effective project. Note #3 - The accompanying resolution provides for the appropriation of an additional $5,453.08 from the Public Utility Fund to finance all costs (including Engineering and Administrative fees) related to Project No. 1984 -06. Respectfully submitted, SK: jn Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED.AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -02 (WATER MAIN INSTALLATION ON LEE, MAJOR, AND 70TH AVENUES) WHEREAS, construction of Improvement Project No. 1984 -02 is complete and the tabulated costs are: Contract $ 76,061.89 Engineering Consultant 287.98 City 6,845.57 Administration 760.62 Interest 1,655.68 Legal and Bonding 760.62 TOTAL $ 86,372.36 WHEREAS, the City Clerk has notified the City Council that a proposed assessment roll has been prepared and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The portion of cost of such improvement to be paid by the City is hereby declared to be $31,172.36 and the portion of the cost to be assessed against benefited property owners is declared to be $55,200.00. 2. Lot 1, Block 1 Elnicky's Addition is benefited by said improvement and is subject to a hookup charge at such time that said property is connected to the water main. Said hookup charge shall be determined by the City Council at the time a petition requesting said connection is received, in accordance with the provisions of Minnesota Statutes 444. i 3. A hearing shall be held on the 24th days of September, 1984, in the City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 4. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the_ improvement. YESOLU`I'ION NO. 5. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. f � _ CITY 6301 SHINGLE CREEK PARKWAY f OF B ��T �T BROOKLYN CENTER, MINNESOTA 55430 k L l�l TELEPHONE 561 -5440 { ENTE EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 17, 1984 RE: Project Costs /Special Assessments for Lde, Major, and 70th Avenues Water Main Improvement Project No. 1984 -02 The referenced project has been completed and accepted by the City Council, and the following information is submitted to assist in the review of the project costs and assessment amounts. As Estimated As Assessed /Financed Construction Cost $ 78,210.00 $ 76,061.89 - '!` • Engineering Cost Consultant 0.00 287.98 City 7,040.00 6,845.57 Administrative Cost 780.00 760.62 Legal Cost 780.00 760.62 Interest 10,420.00 . 1;655:68 TOTAL $ 97,230.00 $ 86,372.36 City Share $ 29,089.19 $ 31,172.36 Assessable Share 68,140.81 55,200.00 Assessable Rates Single Family Rate $2,400.00 /Each $2,400.00 /Each Commercial/ Industrial Frontage $24.57/LF N/A Commercial /Industrial Area $7.62/100 SF N/A Assessment Period 20 Years 20 Years "74C sem&kmf Mau August 17, 1084 - G.G. Sp.] intcr Page 2 An analysis of the "cost sharing" for this project shows the City will pay $2,083.17 more than reported at the improvement hearing, while the assessment share is $12,940.81 less than reported. The reduction in assessed amount is attributed to the result of the deletion of the Willow Lane Apartments from the assessment roll. Staff recommends such deletion from the roll at this time because the complex is presently served by water main in Brooklyn Boulevard, and the site cannot accommodate further expansion unless existing,structures are removed. Staff contends, and the owner acknowledges, that such future development may occur and as a result, connection to the newly constructed main could be feasible. Accordingly, staff and the owner agree that it-would be advisable to charge a hookup charge under Minnesota Statutes, Section 444 at such time the owner petitions for connection to the system. The accompanying resolution provides that such charge be made. The balance of the proposed assessment roll is identical to that proposed at the improvement hearing (23 residences at the established 1984 rate of $2,400 per residence). Respectfully submitted, a . SK:j YYI Member introduced the following resolution acid moved its adoption: RESOLUTION NO. RESOLUTION CANCELLING SPECIAL ASSESSMENT ON HIGHWAY RIGHT OF WAY WHEREAS, the State of Minnesota is the owner of the property described below and that said property is utilized as highway right of way: Tract G, Registered Land Survey No. 1377 WHEREAS, Minnesota Statutes, Section 429.071, Subdivision 2, hold that assessments levied against highway right of way are invalid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the County Auditor is authorized and directed to cancel from the Hennepin County Tax Rolls the following special assessment (including all interest and penalties) for curb and gutter levied against the referenced property: LEVY 7427 - CURB & GUTTER PROJECT 1978 -28 Delinquent Annual Installments Property I.D. No. Original Amount 1980 1981 1982 1983 1984 35- 119 -21 -31 -0016 $ 53.44 $ 8.95 $ 7.60 $ 7.32 $ 7.03 $ 6.75 BE IT FURTHER RESOLVED that Special Assessment Fund 58 -201 be reimbursed in the amount of $53.44 for the referenced Special Assessment cancellation, said amount to be appropriated from the City's Municipal State Aid Fund Balance No. 2600. l 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 P ARKk%1 AY OF BROOKLYN CENTER, MINNESOTA 55430 ._ 13ROOKLYN LE TE PHONE 561-5440 ENTER EMERGENCY - .POLICE -FIRE 811 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 16, 1984 RE: Cancellation of Special Assessment Against Highway Right of Way In 1979 the City Council levied special assessments against those properties benefited by the construction of concrete curb and gutter on James Circle. Included in the levy was highway right of way owned by the Minnesota Department of Transportation (MN /DOT). A review of departmental records shows that the property was acquired by MN /DOT in June, 1979, but that state and county paper - work did not clear until after the levy certification in September, 1979. Due to the time lag involved, the tax statement for the property included the special assessment levy. However Minnesota Statutes Section on 429.0.7 Subdivision . 1, b i sio n 2 hold that such a levy was .invalid since the property had been reviousl p y Ii purchased for highway right of way. Accordingly, a resolution cancelling the assessment (in the amount of $53.44) and reimbursing the related bond account (through appropriation from the City's local hmicip.al State Aid Fund Balance No. 2600) is attached for City Council consideration. Respectfully submitted, SK: j n Y " ?!c 1�+ Member_ introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -03 (HALIFAX AVENUE AND 70TH AVENUE STREET IMPROVEMENT) WHEREAS, construction of Improvement Project No. 1984 -03 is complet and the tabulated costs are: Contract $ 96,711.53 Engineering Consultant 1,984.52 City 8,704.04 Administration 967.12 Interest 1,710.98 Legal and Bonding 546.49 Other .(Sprinkler Repair) 527.00 TOTAL $111,151.68 WHEREAS, the City Clerk has notified the City Council that a proposed assessment roll has been prepared and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The portion of cost of Improvement Project No. 1984 -03 to be paid by the City is hereby declared to be m $47,801.84 and the portion of the cost to be assessed against benefited property owners is declared to be $63,349.84. 2. A hearing shall be held on the 24th day of September 24, 1984, in the City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk I233SOLli'1'I(�t1 C1C�. 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. ICI CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BR O O K L Y N TELEPHONE 561 -5440 ENTE EMERGENCY - POLICE _ FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 17, 1984 RE: Project Costs /Special Assessments for Halifax Avenue and 70th Avenue Street Improvement Project No. 1984 -03 The referenced project has been completed and accepted by the City Council, and the following information is submitted to assist in the review of the project costs and assessment amounts. As Estimated As Completed Construction Cost $ 100,180.00 $ 96,711.53 Engineering Cost City 9,030.00 8,704.04 Consultant 0.00 1,984.52 Administrative Cost 990.00 967.12 Legal Cost 610.00 546.49 Interest 8,160.00 1,710.98 .Other (Sprinkler Repair) .... . 0.00 527.00 TOTAL $ 118,970.00 $ 111,151.68 City Share $ 42,760.00 $ 47,801.84 Assessable Amount $ 76,210.00 $ 63,349.84 Assessment Period 10 Years 10 Years A comparison of the estimated and actual project costs shows that the work was completed at a cost of $7,818.32 less than reported at the improvement hearing. Further comparisons of estimated and actual costs shows that the City's share is $5,040 higher than previously estimated while the benefited property's share (St. Alphonsus Catholic Church) is $12,860 lower than estimated. ?fie so«ctt mace �� ,, Atigia-It :1.7, 1'.x84 - G.G. ` pl iaxtei Page 2 'The increased City share is due to a combination of factors, i.e.: construction costs were increased by approximately $4,500 over the original estimate due to (1) an unbalanced bid for the area landscaping the Contractor laced approximately 2 000 of his ( P PP Y profit in this item) $ � P and (2) o the 2 500 cost difference between intersection paving as $ P g originally proposed, and the final design which incorporated the traffic circle, adjacent concrete island and related landscaping. - the increase in overhead costs related to the referenced work resulted to approximately $500. A review of the cost savings experienced by St. Alphonsus Church shows that overestimation of a uantities and costs related to driveway reconstruction resulted in a savings of $6,700. In addition, approximately $6,500 in interest was saved because of project timing. Respectfully submitted, SK:,jn �.y� Q" Member t1w. followi nU 'resolution tend moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -04 (SHINGLE CREEK PARKWAY TURN LANE CONSTRUCTION) WHEREAS, Improvement Project No. 1984 -04 has been completed and the final project costs are tabulated as follows: Contract $ 34,209.66 Engineering Consultant 394.68 City 3,078.87 Administration 342.10 Interest 1,133.23 Legal and Bonding 342.10 TOTAL $ 39,500.64 WHEREAS, the City Clerk has notified the City Council that a proposed assessment roll has been prepared and filed in his office for public inspection: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: l 1. The portion of the cost of Improvement Project No. 1984 -04 prepaid by benefited property owners is acknowledged to be $8,275.00, and the portion of the cost to be assessed against benefited property owners is declared to be $31,225.64. 2. A hearing shall be held on the 24 th day of September, 1984 in in the City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official news- paper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk Id-,SOLUTION 140. 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. s CITY 63 01 SHINGLE CREEK PARKWAY OF p^ ^ KY BROOKLYN CENTER, MINNESOTA 55430 ROO TELEPHONE 561 -5440 C ENTE R }� EMERGENCY - POLICE -FIRE �.� 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 16, 1984 RE: Project Costs /Special Assessments for Shingle Creek Parkway Turn Lane Improvement Project No. 1984 -04 The referenced project has been completed and accepted by the City Council, and the following information is submitted to assist in the review of the project costs and assessment amounts. As Estimated As Assessed Construction Cost $ 40,600.00 $ 34,209.66 Engineering Cost Consultant 0.00 394.68 City 3,650.00 3,078.87 Administrative Cost 400.00 342.10 Legal Cost 400.00 342.10 Interest 4,870.00 1,133.23 TOTAL $ 49,920.00 $ 39,500.64 Assessment Period 15 Years 15 Years Please note that while the accompanying resolution outlines the actual costs listed above, it also acknowledges prepayment of $8,275.00 by the developer, resulting in an assessment amount of $31,225.64. t Respectfully submitted, SK: jnr 74 —5v' � maw ., Mc.inber introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS; FOR PUBLIC UTILITY HOOKUP CHARGES; FOR DELINQUENT PUBLIC UTILITY ACCOUNTS; DELINQUENT WEED REMOVAL ACCOUNTS; AND NUISANCE ABATEMENT COSTS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. A hearing shall be held on the 24th day of September, 1984, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following charges: Diseased Shade Tree Removal Costs Public Utility Hookups Delinquent Public Utility Accounts Delinquent Weed Destruction Accounts and Nuisance Abatement Costs at such time and place all persons owning property to be assessed for such charges will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk with the assistance of the City Engineer, shall :forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. - 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk - RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ,W i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE OF A MICROPROCESSOR FOR USE BY THE VEHICLE MAINTENANCE DIVISION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The transfer of $5,220 from the I Federal Revenue Sharing Fund (Fund No. 25) to the Vehicle Maintenance Division (Division 43) of the General Fund (Fund No. 01) is hereby approved. 2. The City Manager is hereby authorized to purchase a microprocessor and appurtenances for installation at the City Garage at a cost of $5,220. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. f 4 r CITY 6301 aF�1 OGLE CREEK PARKWAY of BROOKLYN CENTER, MINNESOTA 55430 YMYN TELEPHONE 561 - 5440 x N EMERGENCY - POLICE - FIRE ., 1- 911 TO: Gerald G. Splinter, City Manager FROM. Sy Knapp, Director of Public Works DATE: August 16, 1984 RE: Justification for Purchase of Microcomputer and Use of EDP Vehicle Management Program at City Garage The following is submitted as supplementary information to my July 30, 1984 memo (copy attached) and in response to the City Council's request for additional - information regarding the value of the "Vehicle Management System". A. Existing Vehicle Maintenance Cost Information System To -date, Brooklyn Center's system for recording vehicle maintenance costs has been limited to the following: 1. a basic inventory system, as maintained within the LOGIS financial management system, which maintains records such as original purchase value, licensing information and an elementary straight -line depreciation schedule 2. an accounting system again as maintained within the LOGIS financial management system which provides adequate accounting records for auditing purposes but provides no information as to operation and maintenance of individual pieces of equipment. 3. a fuel usage report which is generated from the newly installed fuel - monitoring system. This report does show total fuel consumption on a per vehicle basis and calculates fuel consumption and fuel costs on a per mile (or per hour) basis. However, this information must now be manually included into the "Monthly Equipment Cost Summary (see next item). 4. a "Monthly Equipment Cost Summary" which is prepared manually by our clerical staff at the City garage which summarizes only labor costs, material costs for each item of equipment on a monthly basis. No.attempt has been made to regularly combine this raw information with the costs of depreciation, insurance, overhead, etc. in order to get the true costs of ownership and operation of individual items of equipment, nor to calculate costs for equipment on a "life -to -date" basis. Accordingly, this report has a very limited value as a management tool. August .10, _1984 - G.G. Splinter Page 2 B. LOGIS' Vehicle Management System LOGIS has recently developed a "Vehicle Management System" (VMS) at a cost of approximately $50,000. This program has been designed specifically for LOGIS users and offers the following features: 1. Interface with LOGIS Financial Management system - allows single -entry of purchase order and receiving information and assures compatibility of cost- accounting systems with vehicle management system information. 2. "Life Cycle Costing" - whereby the costs of ownership, (including depre- ciation, insurance and overhead) as well as all costs for operation and maintenance (labor, fuel, parts, etc.) and preventive maintenance are included - so as to provide meaningful management information i.e. the true total costs of ownership, operation and maintenance over the life of the vehicle, both in total dollars and in costs per mile (or per hour) i.e. a "rental rate" determination. 3. Preventive Maintenance Scheduling - allows scheduling of various preventive maintenance functions and can present detailed instructions and work to be performed on a preventive maintenance basis. 4. Inventory - In addition to general inventory information, the VMS includes a running inventory of parts for each piece of equipment, along with vendor information, purchasing and receiving information. 5. Repair History - along with equipment costs, the VMS provides a repair history for each piece of equipment.. This history not only contains a history of repair costs, but information regarding type of repair (motor, frame, electrical, etc.) and "down time" or "waiting - for -parts time ". 6.. Interface with Fuel Management System - The WIS will provide an automated interface with our new fuel management system - assuring timely and accurate inclusion of this information into the overall cost analysis. C. Use Of Information From VMS Following is a partial listing of some of the ways in which information available from the VMS program would or could be used: 1. Equipment Replacement Schedule By charting the life cycle costs of each piece of equipment it is possible to establish an optimum schedule for replacement (i.e. at what point do the continued costs for an old piece of equipment exceed the costs of a new piece of equipment ?). By "comparing notes" with other LOGIS cities who are using this same program, we can develop a very reliable data base. And by using the "what -if" capabilities of the computer, we will be able to improve our decision making process regarding equipment replacement, major overhaul, or repair. Ai ii�tzst _ 6) 1984 - G.G. -SI1 inter l' i f_;e 2. Use of Rental Rates . With meaningful "rental rates „ available, we will be able to develop a much better accounting of project and /or Program costs. In addition, the calculation to total ownership costs will allow us to compare costs of ownership vs. costs for lease of similar equipment. (Note: for pieces of equipment which have little usage, the total cost of ownership may well exceed the cost for leasing similar equipment.) If development of a "Central Equipment Pool” is desired at some future time, the availability of meaningful "rental rates" would greatly facilitate implementation of this management strategy. 3. Use of Preventive Maintenance (PM) Scheduling With proper PM, the costs for repair and the amount of downtime for every piece of equipment should be significantly reduced. 4. Diagnosis of Mechanical Problems By being able to instantly "call up" the lifetime history of repair problems, a mechanic will be able to substantially reduce the amount of guess work involved in diagnosing mechanical problems. Such a history may also indicate that it will be more effective to replace a major com- ponent than to. repair it. S. Use for Developing Equipment Specifications By utilizing. the information available through VMS,. it will be possible to develop better specifications for future equipment purchases by checking such things as: (a) how does the cost for owning and operating a 27,500 lb. GVtV truck compare to the cost of owning and operating a 24,000 1b. GVW truck? (b) what is the cost of owning and operating a Police Squad car with a "Police Package" (i.e. heavy duty axles, springs, transmission, etc.) as compared to the cost of owning and operating a production -model car (also as a squad car)? (c) is it more economical to use old squad cars as staff vehicles or to purchase economy cars for this duty? (d) what is the history of our "Brand X" vehicles as compared to our "Brand Y vehicles - in cost, in "down -time" and ''waiting- for -parts time" or in safety record? August 10, 1,984 - G.G. Splinter Page 4 D. Anticipated Usage, Costs And Cost Savings 1. Usage Initially, we would propose to enter approximately 160 pieces of motor vehicles, and portable equipment into the V4S. This equipment has a total replacement value of $2.4 million, with an annual replacement value of $200,000 and an annual operation and maintenance budget of $317,000 (1984 budget for Division 43). With relatively minor adaptations or enhancements of the VMS, we should be able to utilize many of its features (cost accounting, preventive maintenance schedulin g repair air histo rY etc. ) in relation to fixed mechanical equipment such as major HVAC units within the Civic Center, pumping stations, lift stations, traffic signals, etc. This would increase the total number of units being monitored via the VMS to 2S0 to 300. 2. Staffing Requirements Our present clerical staff at the City garage consists of 1 full -time clerk and 1 half -time clerk. Of the total time available (2S0 hours /month) approximately 60 hours are spent on preparing vehicle reports, 9S hours are spent on other accounting duties (ordering, encumbering, receiving, inventory) and the remaining 95 hours are spent on other duties (answering telephone and radio, processing time cards for all Street and Park Division employees, typing, etc.) Experience by Brooklyn Park indicates that the 15S hours per month now being spent on manual data processing should be adequate to meet our electronic data processing needs under the W4S system. Accordingly, no increase (or decrease) in employee time is anticipated. 3. Costs As indicated in my July 30, 1984 memo, the purchase costs for the HP150 microprocessor with appurtenances is $5,220, while operational costs are estimated at $730 per month. It should be noted that the $730 per month cost is based on LOGISts current system charge of $5S0 per month. Ted Willard of LOGIS agrees with us that this figure is high, based on usage by only a few cities. As additional cities come up on this sytem, (5 other cities are already committed to using it) and as LOGIS reviews its actuarial costs, we expect this rate to be reduced, and we plan to continue to ask that this be done. However, it is our belief that implementation of the system can be justified even if this cost is not reduced. 4. Cost Savings Information available through LOGIS, from the American Public Works Association, and other sources indicate that the costs of vehicle and equipment operation and maintenance will be-reduced between loo and 20% when a proper management information system is installed and properly used. At gust 10, 19'0A -- G.G. arl iiac r Pa ge S Because it will take some time to develop the system to its full potential, my best estimate is that our cost savings will be approximately 5% during the second year of operation and increase to 10o within 5 years. With a 5% savings during 1986 we would realize a cost reduction of approximately $15,000 (i.e. 50 of our $317,000 Vehicle Maintenance Division budget). This indicates a "break- even" time of 2 or 3 years, with substantial cost savings in the years ahead. E. Alternative Systems Many alternative EDP systems have been developed by other vendors for use with truck fleets etc. However, before developing VDSS, LOGIS conducted an extensive study of available hardware /software programs and found none which were compatible with the needs of LOGIS member cities. Obviously, it would also be possible to develop a manual accounting system which would P rovide this type of information. However, the costs for operating a manual system which would provide the same type of information would be exorbitant. It is obvious that the reason we don't have such a system inplace is because previous administrations arrived at that same conclusion - it would not be cost effective. Summary and Recommendation Based on the above analysis and information, I again recommend purchase of the microprocessor and implementation of the VMS system. Respectfully submitted, �2 t� SK:) - t CIZY 6301 0-11111GLE Cliie "K Ijl1t +i..:mx.v OF 5 T BROOKLYN CENTER, rJiN'NESOTA 55430 !_. ` 1i 1 TELEPHONE 561 -5440 T* t J EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: July 30, 1984 RE: Recommendation To Purchase Microprocessor Eor Use At City Garage LOGIS has recently completed development of a new "Vehicle Management System" (XIMS) software program. The primary purpose of this program is to provide manage - ment information regarding vehicle maintenance. The system has been installed for use by Brooklyn Park (the pilot City) and is now being installed at Edina. St. Louis Park, Maple Grove and Coon Rapids plan to install this program in the near future. It is recommended that Brooklyn Center purchase an IIP150 Microcomputer for installa- tion at the City Garage, to allow the City to use the VIOLS program. Although no direct cost reductions are anticipated as a result of this application, it is a nticipated that the system will provide a greatly improved management information system which will result in long -term cost savings. Estimated Costs Estimated costs for purchase of the HP150 and appurtenances is as follows:) HP150 Microprocessor $ 3,450 Epson RX80 Printer = 495 212A Modem 565 212 LP Modem 395 Telephone 53 Surge Protector 140 Subtotal 5 Install Telephone Line (Est.) 122 TOTAL $ 5,220 Estimated operational costs are as follows: LOGIS VHS System Charges $ 550 /month LOGIS Other Charges 78 /month Telephone Line Charges 102 /month TOTAL $ 730 /month 0 ,,r f�rt ., �/t oat Gild 11�1 G, ,;I,1 if.,cr 1'agc 2 0 I An "Intel l i,�cnt Tcnrninal. It is noted that a "dumb terminal" (i.e. a C.R.T. unit with a printer) could he used to activate this program. 11ic cost for this work station would be $2,943 v.s. the $5,098 cost for the proposed unit. However, the proposed unit has the following advantages: 1. The WIS as developed by LOGIS allows a direct interface between our Fuel Ibnagement System and the microprocessor. No such interface has been developed for use with a dumb terminal. Accordingly, to feed fuel usage information into the VMS program 2 alternatives are available, i.e.: Alternate A : Purchase the printer unit requi to print out the information from the fuel management unit at an estimated cost of $1,000. (Note: To -date we have been able to use the company's used printer on a rent -free basis. However, this arrangement cannot be continued indefinitely.) In addition, this alternate would require manual transfer of information from the Fuel Management System to the terminal. At an estimated 30 minutes per day, the cost of this factor is approximately $1,500 /year (including salary plus fringe benefits). Alternate B : The estimated cost for development of an interface between the Fuel Management System and the dumb terminal is "up to $7,000" according to Gary Fish of LOGIS. 2. It is anticipated that additional program applications will become available for effective application at the City Garage within the next few years. These applications may include inventory management (signs, streets, public utilities, etc.); access to mapping systems; and some possible work management systems. Although many of these applications also could be accomplished on a dumb terminal, others can't or would be done more efficiently on an intelligent terminal. 3. It is my belief that within a few years nearly all work stations will utilize intelligent terminals. Accordingly, we would then have the many advantages which come with uniformity of systems, i.e. better understanding and cooperation between users, elimination of incompatibility problems between hardware and soft- ware, ability to exchange units in the event of mechanical failure, etc. jldly A New IIP150 Instead Of A Used HP125 Ilse of a used HP125 (either by transfer from another City Department or'by purchase from an outside source) is a workable option. It is estimated that the cost for this option would be approximately equal to the cost of a dumb terminal. however, I wish to note the following considerations: 1. We are requesting that another 111 be purchased for the Engineering Division in 1085. Since Engineering personnel will work closely with personnel at the City Garage (on computer applications, including tlic ti',�LS, future mapping; in inventory app] _icatlolls, etc.), there is much to be said for total compatibility between these two work stations. .i1e .5 2. If a used 111 is purchased from an outside source, we may not have a good "handl c l I on i is coi id i. t, i on - and wool d not get the t etc. , I'll i ch comes with a new unit. 3. PMic service availability for an lIP12S may be equal to that for an IIPl.50 now, this nviy not be true in the future. 4. Trade -in value for the IU should always be higher than for the IIP12S. Budget Considerations No provision was made in the 1984 budget for purchase of this equipment. Accordingly, a transfer from the Revenue Sharing Fund is requested. The 1984 budget for Unallocated Departmental Expenses (Division 80) does include provision for $3,000 for operating expenses for the WI,S program. A resolution for consideration by the City Council is provided. Respectfully submitted, v J'app cc: Paul 11olmlund, Director of Finance SK: j r� ` r� I- 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 AUGUST 9, 1984 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mary Simmons and Mike Nelson. Also present were Director of Planning and Inspection Ronald Warren, City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht noted that Commissioner Ainas had called to say he would be unable to ,attend and was excused. APPROVAL OF MINUTES - JULY 26 1984 Motion by Commissioner Malecki seconded by Commissioner Nelson to approve the minutes of the July 26, 1984 Planning Commission meeting as submitted. Voting in favor: Commissioner Malecki, Simmons, Manson and Nelson. Voting against: none. Not voting: Chairman Lucht. The motion passed. APPLICATION NOS. 84027 AND 84028 (H. E. Hanes, Inc.) Following the Chairman's explanation, the Secretary introduced the first two items of business, a request for site and building plan and special use permit approval for an office condominium development on the land presently occupied by residences addressed 7020 and 7040 Brooklyn Boulevard and also for a request for preliminary plat approval to resubdivide into two parcels the land contained in the lots addressed 7020 and 7040 Brooklyn Boulevard and 7025 Halifax Avenue North. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 84027 and 84028 attached). The Secretary also reviewed with the Planning Commission the Standards for a Special Use Permit and noted that the office use of the property which is a special use acknowledged under Section 35 -312 of the Zoning Ordinance was reviewed somewhat during the rezoning application. The Planning Assistant left at 8:00 p.m. and returned at 8:01 p.m. Commissioner Nelson asked whether it was being recommended that the gap in the trees along the east side of the site be closed. The Secretary answered that that should be done if there is no easement for access through the office development. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Rick Hartmann of H. E. Homes, Inc. explained that the gap in the trees would be filled in during the original construction, but that the association documents for the office condominium.project would allow for an access to be put in in the future if sought by the church to the east. PUBLIC HEARING (Application Nos. 84027 and 84028) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone wished to speak regarding the special use permit application or the preliminary plat application. Hearing none, he called for a motion to close the public hearing. 8 -9 -84 -1- I Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed'unanimously. Commissioner Manson commented, regarding the idea of an access for the church through the office condominium project, that it could result in a difficult situation for cars turning left onto Brooklyn Boulevard. She recommended against providing such an access. There was a brief discussion regarding changing the name of the proposed preliminary plat. Mr. Hartmann stated that he could change the name of the plat immediately. The Secretary stated that the City's major concern was that the name of the development not be confused with any governmental offices. He stated that the name change could be accomplished prior to the City Council meeting. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84027 (H. E. Homes, Inc.) Motion by Commissioner Manson seconded by Commissioner Mnlecki to recommend approval of Application No. 84027, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, 2. Grading, drainage, utility and berming plans are subject to review and appoval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance,of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguising system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. .` The plans shall be modified prior to City Council consideration to provide: a. a grading plan depicting contours of both parking and green areas around the entire site 8 -9 -84 -2- b. parking delineators at both ends of the double row of parking between the buildings c. trash enclosures d. opaque screening of the north and south ends of the east parking area 10. Plan approval acknowledges the retention of 21 existing trees as part of the proposed landscape plan. Should any of these existing trees be removed or die prior to release of the performance guarantee, they shall be replaced with an equal number of shade trees, a minimum of 2 112" in diameter at appropriate locations on the site. 11. As -built utility drawings shall be provided to the City Engineer prior to the release of the performance guarantee. 12. The special use permit acknowledges an office condominium use in the R3 zoning district and is subject to all applicable codes, ordinances and regulations and violations thereof shall be grounds for revocation. 13. Plan approval acknowledges the proposed landscape treatment along the east side of the property as acceptable opaque screening required between the office condominium use and the St. Alphonsus Church property. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson and Nelson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84028 (H. E. Homes, Inc.) Motion by Commissioner Malecki seconded by Commissioner Nelson to recommend approval of Application No. 84028, subject to the following conditions: L The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be modified prior to consideration by the City Council to provide the following: a. underlying and adjacent property lines b. an access easement to 7015 Kyle Avenue North c. expanded utility easement area adjacent to Lot 1 4. The two existing residences and accessory structures shall be removed from Lot 1 prior to final plat approval. 8 -9 -84 ; -3- 5. The applicant shall enter into an agreement for the payment of hookup charges for Lot 1 of the plat. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson and Nelson. Voting against: none. The motion passed. APPLICATION NO. 84029 (Group Health, Inc.) The Secretary then introduced the next item of business, a request for site and building plan approval to construct a 20' x 20' storage garage on the the northeast portion of the clinic site at 6845 Lee Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84029 attached) Chairman Lucht asked the the applicant whether he had anything to add regarding the application. A representative of Group Health, Inc. responded in the negative. Commissioner Manson asked whether the storage building would be screened from 69th Avenue North. The Secretary explained that a fence, which presently screens the trash container would extend in front of the storage building. Chairman Lucht also referred to berming along 69th Avenue North. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84029 (Group Health, Inc.) Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 84029, subject to the following condition: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. Voting n favor: Chairman Lucht Commissioners Malecki anson and g s > Simmons, > Nelson. Voting against: none. The motion passed. APPLICATION NO. 84030 (Sharon McNamara) The Secretary then introduced the final item of business, a request for special use permit approval to conduct a home beauty shop in the basement of the residence at 6725 Quail Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84030 attached). The Secretary noted the possibility for a parking problem on- street if the appointments overlapped and stated that such an overlap should not occur in order to avoid such on- street parking. He noted the floor plan in the Planning Commission agenda which depicts the basement area where the home occupation would be conducted. The Secretary also pointed out that an inspection of the premises was made by the Building Official after the staff report was written. Based on that inspection, permits for previous work would not be required. Commissioner Simmons stated that, with a one -car driveway, it would seem that there will be a problem in the evenings and on weekends as a result of family cars coming and going from the property during the appointments. She stated that the likely result would be parking of cars on- street. She stated that she thought the past practise of the Planning Commission was to require that parking space be provided in addition to requiring compliance with the condition that all parking be off-street. The Secretary answered that this possibility was looked at, but recommended that the situation be monitored and that additional space be required only if a problem develops. Commissioner Simmons argued that it was not fair to require the neighbors to put up with the problem and in essence enforce the conditions of the 8 -9 -64 -4- speci. -il i_r -e permit Th(. Secretary re :: T)nnded that parking may not become a problem at ail. '1i eCe was continued di3uu�siun " to at wrrat point additional parkiriLr 6pace should be required. Chairman Lucht asked the applicant whether she had anything to add. The applicant's husband, Mr. McNamara, explained that the driveway is a single -car driveway until it passes the house and that behind the house it widens to 30'. He asked whether permits would be required for the work involved with the home occupation. The Secretary stated that the need for permits would be discussed with the Building Official. PUBLIC HEARING (Application No. 84030) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mrs. Lee Wirth of 6736 Quail Avenue North stated that she agreed with Commissioner Simmons that the question of providing off - street parking should be addressed before and not after a problem develops. She stated that the neighbors do not always know the proper procedures for getting compliance with the conditions of a special use permit. She also asked what was the meaning of Condition No. 6. Chairman Lucht explained that the Sign Ordinance allows home occupations to have a 2 112 sq. ft. sign. Commisisoner Simmons asked whether a license was necessary in order to cut the hair of family and friends as indicated in the applicant's letter. Mrs. McNamara responded that she could lose her instructor's license if it were discovered that she was cutting friends' hair without obtaining a separate license for a home beauty shop. She stated that cutting the hair of family members was not regulated. There followed a continued discussion regarding the possibility of cars parking in the widened driveway area behind the house. Mr. McNamara stated that he generally leaves his vehicles outside of the garage during the summer time, but added that he could put them in the garage to make room for customers. Commissioner Simmons stated that she didn't think it was right to make the neighbors responsible for monitoring and enforcing the conditions of the special use permit. The Secretary stated that neighbors are not expected to enforce the provisions of the permit, but that neighbors may complain if there is a problem and that City staff will follow up with an investigation which may lead to the amendment of the special use permit. Comm t the neighbors rs robabl assumed that the City is Commissioner Simmons stated that Y �. g probably keeping track of the situation, but in fact, the City is not. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84030 (Sharon McNamara) Motion by Commissioner Manson seconded by Commissioner Malecki to recommend approval of Application No. 84030 subject to the following conditions: 1. The special use permit is subject to all applicable codes, .ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 8 -9 -84 -5- 3. All parking associated with the home beauty shop shall be of street on improved space provided by the applicant. 4. All building modifications.associated with the home occupation shall be completed pursuant to properly obtained permits and be inspected by City inspectors prior to the issuance of the special use permit. 5. The home occupation shall be conducted on an appointment only basis with all work completed not later than 10:00 p.m. in the _ evening. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Permit approval acknowledges a single - operator home beauty shop. 8. The applicant shall provide a current copy of her State operator's license which shall be kept on file with the City. Voting in favor Chairman Lucht, Commissioners Malecki, Manson and Nelson. Voting against: Commissioner Simmons. The motion passed. Commissioner Simons stated that her negative vote proceeded from the remarks she had made earlier in the discussion. There was a discussion of whether a meeting should be held on August 23, 1984 to review possible plans for completion of the Earle Brown Farm Townhouses. The Commission agreed that if the plans were in order they would just as soon take the matter up on the August 23, 1984 meeting. COMMISSIONER SIMMONS ANNOUNCES RETIREMENT FROM THE COMMISSION Commissioner Simmons then informed the Commission that she would be retiring from her position as a librarian and would begin taking a class in International Economics in the fall and carrying on into the spring semester. She stated that the class would be held on Thursday night and she had, therefore, decided to retire from the Planning Commission after the September 13, 1984 meeting. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:12 p.m. Chairman e 8 -9 -84 -6- Planning Commission Information Sheet Application No. 84027 , Applicant: H. E. Homes, Inc. Location: 7020, 7040 Brooklyn Boulevard Request: Site and Building Plan /Special Use The applicant requests site and building plan and special use permit approval to build an office condominium development on the land presently addressed 7020 and 7040 Brooklyn Boulevard. This land was the subject of Planning Commission Application No. 84013 for rezoning to R3 which was approved. The property is bounded by Brooklyn Boulevard on the west, by the vacant old City Hall property zoned R5 on the north and also by the end of 71st Avenue North on the north, by the St. Alphonsus Church property on the east, and by an eight unit apartment building zoned R5 on the south. Office uses up to two storeys in height are a special use in the R3 zoning district. The proposed plan calls for one 30'wide access on Brooklyn Boulevard in the approxi- mate middle of the site frontage. The development is to consist of 17 office condo - minium units in two linear clusters of five and one L- shaped cluster of seven. The units will have one floor above grade for office use and one floor below grade for storage use. The total office area is to be 21,150 sq. ft. for a parking require - ment of 105 stalls at roughly 1 stall per 200 sq. ft. of gross floor area. The storage area comes to 18,780 sq. ft. which requires 23 parking stalls at one space 1 9 stalls because of per 800 s ft. The total parking re 2 P q P 9 uirement comes to q fractions. The site plan provides 127 stalls and the possibility of five or six_ additional stalls if some existing trees to remain in parking lot islands were removed. Staff recommend the addition of two parking delineators at each end of a double row of parking between the buildings. Three handicapped spaces are provided in appropriate locations as required by code. The landscape plan provides generous green areas in the front greenstrip along Brooklyn Boulevard. The southerly building is set back 29' from the south property line allowing for a large green area on the south side of the site. A 15' buffer strip as required by ordinance is planned along the east property line adjacent to the St. Alphonsus Church property. The landscape plan calls for the retention of eight within the parking numerous existing trees, including e g p 9 lot area and 13 additional trees around the site. Of these existing trees, 15 are Elms, 4 are Maples and 2 are Ash. In addition to existing trees, two Marshall's Green Ash are proposed in the northwest portion of the site. Fifteen Black Hills Spruce are proposed along the east property line to serve as screening. A gap has been left in this row of trees to allow a possible driveway outlet from St. Alphonsus Church. (Staff would advise against such an outlet, especially in light of the fact that the office development will be governed by an association of owners). A landscaped planter area is proposed on either side of the entrance to the site containing Pfitzer Junipers, Purple Leaf Sand Cherries and Mock Orange shrubs. Additional Junipers are proposed in planter areas along the front of the building. Sod and irrigation are to be provided in all green areas. The site is to drain generally toward the east side of the site where a storm sewer connection will be made to a 27" public storm sewer which runs along the west side of the St. Alphonsus church property. Connections to water and sanitary sewer will be made to utilities within the same easement. Although some proposed spot elevations have been shown on the site plan, a grading and berming plan should be submitted prior to Council consideration providing more detailed information on the proposed contours of the site. The plan does call for B612 curb and gutter around all parking and driving areas as required by ordinance. 8 -9 -84 -1- Application No. 84027 .continued The building elevations provide °for a face brick exterior and cedar shingles. Solariu modular glass enclosures are provided along portions of the north and west elevations of the southerly 7 -unit building and along portions of the southerly elevation of the two 5 -unit buildings on the north side of the site. These areas enclose common area hallways which provide an interior access to each unit. Windows for the individual units are to be casement windows. The proposed building plan also makes use of semi- circular windows above the entrance doors and semicircular roof vents. An automatic fire extinguishing system for each cluster building is to be provided. Parking lot lighting is to be provided by 10 freestanding traditional style luminaires on aluminum lightposts. Additional security lighting along the west building eleva- tions will provide lighting to the westerly parking area. No exterior trash disposal facilities are indicated on the plan. Altogether the plans are generally in order and approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A -site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City_ Ordinances. 6. An underground irrigation system shall be.installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The plans shall be modified prior to City Council consideration to provide: a a grading plan depicting contours of both parking and green areas around the entire site b. parking delineators at both ends of the double row of parking between the buildings 8 -9 -84 -2- Application No. 84021 continual c. trash enclosures d. opaque screening of the north and south ends of east parking area 10. Plan approval acknowledges the retention of 21 existing trees as part of the proposed landscape plan. Should any of these existing trees be removed or die prior to release of the performance guarantee, they shall be replaced with an equal number of shade trees, a minimum of 22" in diameter at appropriate locations on the site. 11. As -built utility drawings shall be provided to the City Engineer prior to the release of the performance guarantee. 12. The special use permit acknowledges an office condominium use in the R3 zoning district and is subject to all applicable codes, ordinances and regulations and violation thereof shall be grounds for revocation. 8 -9 -84 -3- Planning Commission Information Sheet Application No. 84028 Applicant: H. E. Homes, Inc. location: 7020, 7040 Brooklyn Boulevard `Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the parcels of land presently addressed as 7020 and 7040 Brooklyn Boulevard and 7025 Halifax Avenue North. The property in question is bounded by Brooklyn Boulevard on the west, by the vacant old City Hall property and single - family residences on the north, by Halifax Avenue North on the east, and by 70th Avenue North, Edina Realty, a single- family home and ar eight -unit apartment building on the south. The land is presently occupied by two single - family residences and by St. Alphonsus Church. An office condominium development is proposed for the westerly lot of the subdivision, in place of the residences. The existing legal description of the property is a metes and bounds description of part of Lots. 4 and 5 of Auditor's Subdivision No. 57. The proposed legal description is Lot l and Lot 2, Block 1, Brooklyn Village Offices Addition. Staff recommend that the title of the plat be changed so as not to sound like governmental offices of the City and perhaps to better accommodate the existing church. Lot 1 (the office condo site) is to be 2.406 acres, exceeding the 1 acre minimum for office uses adjacent to major thoroughfares. Lot 2 is to be 17.99 acres for the church use. Lot i is zoned R3; Lot 2 is zoned Rl. The proposed plat shows right -of -way dedication for 70th Avenue North and for Halifax Avenue North. A 15' wide sidewalk easement is indicated for 678' along Halifax Avenue North. A 60' wide utility easement is also shown on the west side of Lot 2 and extending a few feet onto Lot 1. Based on the utility layout shown on the pro- posed site plan (Application No. 84027), staff believe additional utility easement area may be needed for the connection of the office condo utilities to the public utilities in the easement. The proposed plat does not show any existing structures and does not show some underlying and adjacent parcels. While it is not necessary to show existing structures, underlaying and adjacent lots shou ld be identified along with an access easement to the residence at 7015 Kyle Avenue North. In addition, there has been possible access easement for the church through the office some discussion about a 9 i P n Staff recommend against such an 1 n n shown. condo property. This has also of bee 9 P P Y easement, but it should be shown on the preliminary plat if it is being pursued. The proposed Lot 1 is presently occupied by two residences. These will have to be removed prior to final plat approval to prevent two residences from occupying a single parcel The preliminary plat is generally acceptable and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be modified prior to consideration by the City Council to provide the following: 8 -9 -84 -1- Application No. 84028 continued a. underlying and adjacent property lines b. an access easement to 7015 Kyle Avenue North c. expanded utility easement area adjacent to Lot 1 d. access easement rhough Lot 1 if acceptable to all parties 4. The two existing residences and accessory structures shall be removed from Lot 1 prior to final plat approval, 5. The applicant shall enter into an agreement for the payment of hookup charges for Lot 1 of the plat. 6. The applicant shall propose a new name for the plat at the time of City Council consideration. s 8 -9 -84 -2- p rorEwi,, -,ion !nformai.lon `7h(i f _, Application No. 84029 Applicant: Group Health, Inc. Location: 6845 Lee Avenue North Request: Site and Building Plan The applicant requests site and building plan approval to construct a 20' x 20' storage building at the Group Health Clinci at 6845 Lee Avenue North. The property in question is zoned Cl and is bounded by Noble Avenue North on the west, by 69th Avenue North on the north, by Lee Avenue North on the east, and by the Northern States Power Company service center on the south. The clinic is a permitted use in the C1 zoning district. Under Section 35 -411 of the Zoning Ordinance, all storage in the C1 zone is to be in an enclosed building. The proposed building is to be located in the northwesterly portion of the site, to the north of the existing clinic building. It is to be set back 106.5' from 69th Avenue North and 72'f rom Noble Avenue North. This exceeds the minimum 50' setback ' 1 The storage building will be off 69th and 25 off Noble. e g 9 served by an existing . r vides access to the trash i drive off Noble Avenue North which o service presently p P container. The proposed building is basically a small two -car residential garage structure with an overhead door on the west side and an entry door on the south side. The purpose of the garage is to store lawn equipment, snow removal equipment and some paper, etc. The exterior of the building is to be stucco painted white to match the clinic. There are no parking requirements for the storage building and no new landscaping is i with this development .There are no site deficiencies that need to be R proposed. corrected. Approval, is therefore recommended, subject to the following condition: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 8 -9 -84 Planning Cornrnission Information Sheet Application No. 84030 Applicant: Sharon K. McNamara Location: 6725 Quail Avenue North Request: Special Use Permit /Home Occupation The applicant requests special use permit approval to conduct a home beauty shop in the basement of the residence at 6725 Quail Avenue North. The property in question is zoned Rl and is bounded on the east by Quail Avenue and on the north, west and south by other single- family homes. Home beauty shops are classified under the Zoning Ordinance as a special use in the Rl zoning district. The applicant has submitted a letter (attached) describing the proposed home occupa- tion. Mrs. McNamara explains that she teaches full time at a beauty school and wishes to have a part -time shop of her own to cut hair of friends and family. She states that her hours of operation would be some Saturdays, 9:00 a.m. to 5:00 p.m. and 6:30 to 9:00 p.m. either Tuesday or Thursday evening. She notes that there is off - street parking in her driveway and that only one car at a time will come to her house. Mrs. McNamara also points. out that she possesses a Cosmetology Manager Operator License. She notes safety features in her basement area including two fire extinguishers and a smoke detector and also states that she will be the only operator working in the shop. The proposed home occupation generally falls within the parameters set by the Zoning Ordinance for home occupations. However, the existing driveway is only a single car wide. Staff have some concern that, if appointments overlap at all, cars will begin to park on- street. It also appears that work associated with the home occupation has been done in the basement area without proper building permits. Such 0 permits will have to be taken and the work properly inspected before the special use permit can be granted. In general, the application appears to be in order and approval is recommended, subject to at least the following conditions: 1. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 3. All parking associated with the home beauty shop shall be off- street on improved space provided by the applicant. 4. All building modifications associated with the home occupation shall be completed pursuant to properly obtained permits and be inspected by City inspectors prior to the issuance of the special use permit. 5. , The home occupation shall be conducted on an appointment only basis with all work completed no later than 10:00 p.m. in the evening. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Permit approval acknowledges a single- operator home beauty shop. 8 -9 -84 M & C NO. 84-10 August 17, 1984 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: American Legion Club Liquor License Violation Jo the Honorable Mayor and City Council: Attached is a memorandum from our Police Department indicating violations of our liquor license laws and gambling statutes. The Police Chief is recommending a 20 day suspension. I concur in that recommendation. If the City Council concurs with the staff in the matter that some sort of suspension of license is warranted under these circumstances, then the first action of the Council would be to send the licensee written notice setting a hearing on the violation. It is my understanding, to be confirmed by the City Attorney, the Council has two choices on how to handle the hearing. It can call a hearing and appoint a hearing examiner, or it can choose to hold the hearing directly before the City Council. It is recommendation, n the Cit Attorne 's concurrence the upon Y � Y Po Y Council appoint a special hearing examiner to conduct the public hearing and certify the findings back to the City Council. Should the Council choose the hearing examiner alternative, I would recommend the Council authorize the City Manager to appoint a hearing examiner. If the Council chooses to hold the hearing before itself rather than use the hearing examiner alternative, I would recommend the hearing date be set as your second regularly scheduled meeting in September. Should the Council members have any questions, please do not hesitate to contact me. Sincerely, Gerald G. Spli ter City Manager MEMORANDUM TO: Gerald G. Splinter, City Manager Members of the City Council FROM: James Lindsay, Chief of Police DATE: August 8, 1984 SUBJECT: Recommended Suspension of On -Sale Club License for Brooklyn Center American Legion Post 4630 There were three incidents which led to an investigation of activities at the Brooklyn Center American Legion Post. They were an incident on June 9, 1984 of late night drinking and barring an officer's admittance; an accident in which the driver had a plastic container of alcohol which he stated was purchased at the Legion which would constitute an off -sale violation; and an accident involving a domestic type situation in which the parties had apparently been drinking to excess inside the Legion and were not cut off at any point. Also, the department was receiving anonymous phone calls referring to late night drinking and gambling taking place at the Legion. We had a meeting with Legion Post representatives at which they did admit to the gambling violations and they were informed of all problems we were having. At that time Investigator Hennessy was assigned to random interview present and recent past members in order to investigate all charges. As a result of all of the above circumstances, the following has been determined. Following is a list of violations which have occurred in the Brooklyn Center American Legion Post #630. These violations have been investigated and discussed with the Management of the Post. In listing the violations, we have started with the State Statute or Brooklyn Center Ordinance which is in violation, a brief description of the Statute or Ordinance, and a brief description of the incident. BC%OR 11 -512 Consumption or display after 1:00 a.m. This stems from an incident of June 9, 1984 in which Sergeant Weeks did observe people inside the club and glasses on the tables at 1:41 a.m. DCfOR 11- 501(4) Selling off -sale. This involves an incident of May 18, 1984 in which an individual was arrested for D.W.I. At the time of his arrest, he was in possession of a plastic cup containing a mixed drink. When questioned as to where he had purchased the drink, he stated that he had - purchased it at the Brooklyn Center American Legion and that the bartender had purposely put the drink into the plastic glass so that he could leave with it as they were closing. Memo to Splinter & Council Page 2 August 8, 1984 BCZQ 3 -511 Police Officers allowed to inspect the premises. This also stems from the incident of June 9, 1984. When Sergeant Weeks observed the people inside with drinks through the window, he rang for admittance. It took a very long time before the bartender did finally open the door to the Sergeant and when he did he still tried to bar him from entering by blocking the doorway with his body. During the course of investigating the above matters, it came to our attention from several of the current and past members of the club that quite a bit of gambling was also going on in the premises. When questioned about this,, club management did admit to all of the gambling allegations. We do not, however, have specific incidents to cite. Any gambling on the premises, however, is in violation of several Statutes and Ordinances which we now list. BC/OR 11- 511(17) No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises and he shall not permit any gambling therein. B!QZOR_23 -1901 Requires a gambling license to do legal gambling in the City of Brooklyn Center. g!C/9R 23- 1906(8) Requires a $10,000 fidelity bond or a waiver by the City Council in order to have a gambling license. MN /SS 609.755(4) .Whoever does any of the following is guilty of a misdemeanor: (4) Permits a structure or location owned or occupied by him or under his control to be used as a gambling place. iNISS 609.76(6) Whoever does any of the following may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both: (6) Receives, records, or forwards bets or offers to bet or, with intent to receive, record, or forward bets or offers to bet, possesses facilities to do so. HN , /SS 349,26(1,0-L Profits from the operation of gambling devices or the conduct of raffles shall be used solely for lawful purposes as defined in section 349.12(6), and as authorized at a regular meeting of the organization. MN /SS 34.9.26(13) Requires separate records of the gross receipts. Requires the person who accounts for gross receipts, expenses and profits shall not be the same person who accounts for other revenues of the organization. Requires monthly Page 3 August 8, 1984 reporting to the membership and Police Department of gross receipts, expenses and profits and their distribution. These records must be kept for three years. After having two meetings with the Manager and some of the Board from the Legion Post, I feel that the problems that are occuring there are mostly due to 'a lack of responsible management. We were told that they did not know that.the gambling they were doing was illegal although they did have a Brooklyn Center gambling license until 1982 and that the drinking problems they are having are because of the younger members of the club. I informed them that this was a possibility, but they were still responsible to see that the violations did not occur. They stated that they have rules against many of these violations, but I informed them that rules do no good unless someone enforces them. It should be noted that at this time all gambling has been stopped in the club and we have discussed with them that in the future if they are in doubt as to whether or not something is legal they should call us. The management has been cooperative with us through our investigation into these matters. Also, the bartender in the late night incident has been fired by club • management and given a tag by the Police Department. Based on our investigation of the above matters and our meetings g 9 with the management of the Legion Post, at this time I would recommend that their liquor license (on -Sale Club) be suspended for twenty (20) days. MEMORANDUM TO: Gerald G. Splinter, City Manager r FROM: Jim Lindsay, Chief of Police, DATE: August 13, 1984 SUBJECT: Taxi Cab License for Yellow Taxi We have received an application for a taxi cab license from Yellow Taxi. Officer Filson has done a background check on each of the drivers and a safety check on the cabs involved. We have also received a copy of a Certificate of Insurance from their insurance carrier. At this point everything appears to be in order and we can find nothing of a questionable nature which would preclude issuance of this license. A'l7., tai 0t�f.dV jfH:'1 I : Gerald G. Splinter, City Manager FROIM: James Lindsay, Chief of Police DATE: AUgust. 14, 1984 . SUBJECT: Gambling License Application for Earle Brown Parent - Teacher Association Attached please find the completed police investigation of Earle Brown School Parent- Teacher Association in application for a Class B gambling license. Named in the application are applicants Marianne Ruth Lerbs, secretary, and Julie Ann Swenson, gambling manager. Investigator Monteen's report finds nothing of a questionable nature revealed during the course of the investigation. In addi- tion to the application for a Class B ,gambling license, the Earle Brown School Parent- Teacher Association has requested a waiver of the $10,000 fidelity bond as provided by the State Statute and City Ordinance. The City Council must act on the following matters: 1. An application for a Class B gambling license. This requires a majority vote of the City Council to pass, Z. The waiver of the $10,000 fidelity bond. This requires the unanimous vote of the City Council to pass. ailE' ! t�l 71'1; j ls! 1 1 9 t)okIyn l,t.�ltfi.t'T }'Ca�.��C €'• z t •i .uC E f. . lti eparti" ' on't Casc Fi_j.(' °�'ln?bor 84 f S a .f3E l ' FI Y)i)] icEltion o { t } � . 1tv )i3 { F y Ie �iYUW * 1.1G'nLii_ry f.c t �'• �� ciicI,er Assoc�t�:t 1 iitnne RlIt11 1.'ER S, svc >' t ��� d 1 F - 1r y, a1 "t( ��t ?11v +11n f i t t r? a, Tiilll)i 11 %lllitk E'. in aj)Pli ctltiCn fOr £a C',lz ss id ;i11,1bL:11 ; Iic��n.� €- as i�,sl (d t.>y ttlf= City of i�rc�c�klYre Cc rater. 1 11onnepin. CucntY, Tltis inve� ti s�it�� >r1 vas curb; +_icted by A. Paul A101.1 T 13 and is tr ans cr bed and typewritte by Lori NOV,1K. clerl.- tyl }ist for tho Brooklyn Canter Pol ice Department APPLICANT � The Parent-Teacher Association of P.arle Brown Elementary School 59001 Humboldt Avenu North Brooklyn Center, MN 55430 phone - 561 -4480 s Marianne Ruth LERBS 4 6125 Camden Avenue North Brooklyn Center, MN 55430 phone - 561 -8697 Julie Ann StdEN ON 5744 Bryant Avenue North Brooklyn Center, MN 55430 phone - 566 -8035 ESTIGATION MATERIALS CONTAINED WITHIN THIS CASE PILE An application for a gambling license. An application for a gambling license, Part II, in the name of Marianne_ Ruth LERBS. An application for a gambling license. Part II, in the name of Julie Ann SWENSON. An application for a gambling lice=nse, Part III Organizat Information. A letter addressed to "whom it may concern" requesting the waiver of a 510,000 fidelity bond. A copy of the bylaws of the Earle Brown Elementary School, Parent - Teacher Association as amended in 1983. - ---- - - - - -- ---------- -------- ----- --------- -- ---- -r ----. ---- -r-- -- --r. The Earle Brown Elementary School, Parent-Teacher Association is a focal � unit of the Parent- Teachers Associations organized under the authority of the National Congress of Parents and Teachers. This Association exi " as an* unincorporated association of its membership. The Earle Brown Parent - Teacher Association is housed and holds its regular meetings at.. the - :Earl a Brown Elementary School, located at 5900 Humboldt Avenua< North, .wit:�in i3 ,corporate limits of the City of Brooklyn Center. Hennepin Count�g, xThe,, arl€� Brown Parent - Teacher Association has been in existe ce f'o -Mcre tllari' the required thirty -six month period, however, the, date of '"1; izl :. is unavailable to this investigator at the time of this resume.. Tue bylaws of the organization were amended in 1983 and prior to tbat ti .A „, had 0 •mended in 1978, indicating; organization prlor� to t1lose date.. -The. own Parent-Teacher Association has an activ € >`me.mb €�rship of OTiro JMa'�' our hundred. and draws its membership from the parents and teacher' ini tie•` .� Brooklyn Center School District who may have children attend,1lt& or an association with the Earle Brown Elementary School. r.�' ♦ 1 G ll + 1 t. . A 6 Vii_ t: Z c,'tiecrT'l��xr x;S� did' C)�lt cal 3� Assoc j .lyr C in the yc ar1 , cslId 19 1 k , i_:> arE ?� 1 i._ t t :'ii +. Th( quid comply with the f� lj llc 1 x. a y a r x t c! �. s � € Tip" z) i :i;! >tatt.4 , of the Statt., of mint£ _ Il or 1- 4£' City of Broj],lyn Comer. Moreover, the recor he iti o'(4 C T1 t, <'r 4P Ic j'. o1)itr tiftcnt indicated that tiles Earle Brown A. SoC.i."I. < ion E'2;= t: zi e-: t farm 990 with t`:Te_a Internal Re veanile Jc a m=ice= in 1,hen year 197`9. �I,c��.e'vt'r, no farm was filed for the years 1980, 1f 81 or 1983 as the x leme ntary School Parent- Tvacl3ors Association did not ,employ professional fennel rraitetr during that time period, nor did they raise irr excess of $10,000 during any calendar ye=ar. Likewise, no charitable= report form was filed with the Department of Commerce in the State of A'I'illTtf?SO�;R. Marianne Ruth LERBS, the secretary of the Earle Brown Parent - Teacher Association, made= application for the Class B gambling license on behalf of the Earle Brown Pare =nt - Teache =r Association. LERBS is a resident of the City of Brooklyn Center and has resided at 6125 Camden Avenue North since October of 1982, prior to that time, and fron April of 1977, Airs. LERBS lived at 5103 Emerson Avenue North in the City of Minneapolis. Prior to that, Airs. LERBS resided at three other addresses within the limits of the City of Minneapolis and in St. Paul, Minnesota. firs. LERBS is a recreation spe=cialist who is employed by they Minneapolis Park Board as well as the Earle Brown Elementary School. Mrs. LERBS has been employed by the Northside Neighborhood Services, Inc., located at 41st and Dupont, W a nursery -time aid from January of 1980 through January of 1984. In ecking the records of the Hennepin County Sheriff's Office, Jail Records Divisi=on, the Warrant Office, and NCIC and MINCIS, nothing of a criminal nature was found. Piles with the Brooklyn Center Police Department show that she was involved in a property damage accident in the year 1983. Airs. LERBS has a valid Class B driver's license with no violations. Julie Ann SWENSON is likewise named in the application as gambling manager. Airs. SWENSON is also a resident of the City of Brooklyn Center, residing at 5744 Bryant Ave=nue North. firs. SWENSON has resided at that address since December of 1977 and prior to that tune, was a resident of the City of Fridley. Mrs. SWENSON is employed as a bookkeeper for Boeser Sheetmeatal at 417 West Broadway and prior to 1982, was an employee of the Knutson Mortgage Company in the Escrow Department. Airs. SWENSON has no record of any criminal activity in checking with the Hennepin County Sheriff's Office or the State of Minnesota She has no record with the City of Brooklyn Center and does held a valid Class C driver's license with the State of Minnesota that has no violations. Accompanying the ap for a Class 8 gambling license for the Earle Brown Elementary School, Parent - Teacher Association is a letter addressed to whom it may concern and requests that the City Council waive they $10,000 fidelity bond as required by the State Statute and City Ordinance. Inves tigator MONTEEN found nothing which would preclude the issuance of the Class B gambling license to the Earle Brown Elementary School, Parent 0eacher Association or its gambling manager. The City Council must act on the following two matters: The application for a Class B gambling license which requires the majority vote of the A. t l.i<I .. to � r a 4..r '.>�` A f (' 01 0 030 Loup "�!� y cou ncil Lo a a 5 A waivvr o t o 11 f IdW ity f >1'd, which T'equiTt ; AMU`)11 °1H!'1 1JI'VI - Oil , i,lt`lUit Br ookdale I ast Cir�err�a � � 5801 John 1 actin Drive •arle Erown Bowl /JEM Amusements 6 -10 James Circle za Palace 5001 Drew Avenue North Po de Chief cv AMUSEMENT DEVICE - VENDOR Carousel International Corp. P.O. Box 307 fi', ��.. PF ce Chief V ' RENTAL DWELLING LICENSE Initial: D. Gee & P. Jacobson 1537 Humboldt Place D. Gee & P. Jacobson 1543 Humboldt Place Bart Greenwood 4201 Lakeside Ave. #218 Wayne K. Pearson 6900 Toledo Ave. N. John DeVries 2931 67th Lane John DeVries 2911 68th Lane Duluth Redevelopment 401 69th Ave. N. Gene Bevers 419 69th Ave. N. Renewal: Lyn River Corp. Lyn River Apartments Gale W. Pierce 5960 Brooklyn Blvd. Keith L. Nordby 5964 Brooklyn Blvd. Bertil G. Johnson 6107 Brooklyn Blvd. Welcome Home, Inc. 6451 Brooklyn Blvd. Norman D. Sorensen 5432 Dupont Ave. N. Roland Scherber 5243 Ewing Ave. N. Howard Breuninger 5401 Fremont Ave. N. Roland Scherber 7212 Newton Ave. N. Dave Bradley 6725 W. River Road Harshad Bhatt 7206 -7212 W. River Road Irwin Ketroser 6525, 27, 29 Willow Ln. Roger & Marie Krawiecki 5209 Xerxes Ave. N. Bernard & Margaret Gilvin 2901 61st Ave. N. John DeVries 2936 69th Lane John DeVries 2937 69th Lane_ Di of Planning and Inspection TAXICAB LICENSE Yellow Taxi Service 127 1st Ave. NE 0 . ± *4aLA , o ice Chie 0 GENERAL APPROVAL:✓ er p i r., Clerk Member introduced the following resolution and moved its adoption: r RESOLUTION NO. , RESOLUTION APPROVING PURCHASE OF REPLACEMENT COMPRESSOR s FOR CIVIC CENTER AIR CONDITIONING SYSTEM AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City Manager has advised: the City Council that one of the two compressor units which operates the Air Conditioning system for the Civic Center has failed and recommends replacement of said unit with a rebuilt compressor; and WHEREAS, the City Manager has obtained the following quotations for furnishing and installing such rebuilt compressor Alaskan Air Conditioning Inc. $ 9,880.00 Cramer Building Services /Twin City Trane Service Division $ 9,200.00 Palen /Kimball Company $13,942.00 AND, WHEREAS, it appears that the lowest responsible quotation was submitted by Cramer Building Services /Twin City Trane Service Division: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: E 1. the Mayor and City Manager are hereby authorized and directed to enter into contract with Cramer Building Services /Twin City Trane Service Division in the amount of $9,200.00 for the furnishing and installation of the required compressor. 2. the Finance Director is hereby authorized and directed to transfer an appropriation of $9,200.00 from the Unallocated Departmental Expenses Unit (Contingency Account No. 4995) to the Government Buildings Division (Equipment Repair Account No. 4382) for the purpose of funding these required repairs. 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: i and the following voted against the same: whereupon said resolution was declared duly passed and adopted.