Loading...
HomeMy WebLinkAbout1983 04-25 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 25, 1983 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 - April 11, 1983 *7. Final Plat - Mae H. Lent Addition -The subdivision of a residential lot located at 55th`and Bryant Avenues North 8. Revolutions a. Resolution Accepting Bid and Approving Contract 1983 -D (63rd Avenue Water Main Improvement Project No. 1983 -02) b. Resolution Receiving City Engineer's Report, Establishing Lions Park Tennis Court Improvement Project No. 1982 -21, Phase II, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983 -F) *c. Resolution Accepting Work Performed Under Contract 1982 -I (Park Shelter Improvement Project No. 1982 -17) *d. Resolution Approving Change Order No. 3 to Contract 1982 -M (Palmer Lake Basin Improvement Project No. 1982 -25) -This resolution provides for installation of additional storm sewer and grouting of all rip rap used on the project for erosion control purposes. *e. Resolution Establishing Project No. 1983 -07 (Civic Center HVAC System Improvements) and Approving Purchase of Coils for Heat Exchange System *f. Resolution Approving Purchase of 250 Water_ Meters g. Resolution Amending 1983 Budget -This resolution would provide for the addition of a third computer terminal and printer in the police department. r s CITY COUNCIL AGENDA —2— April 25, 1983 *h. Resolution Accepting Quotations and Authorizing Purchase of Park Storage Buildings. -This resolution comprehends two storage buildings for Central Park as part of the park bond improvements. *i. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of the members of the Elderly Housing Project Committee *j. Resolution Accepting Bids for Fine Aggregate For Seal Coat *k. Resolution Acceptings Bids for Plant Mixed Bituminous Mixtures *1. Resolution Accepting Bids for Bituminous Materials 9. Final Plat - Brookwood Residences -The subdivision of vacated T.H. 100 right of way and adjacent properties to provide for the elderly housing development project. 10. Ordinances: *a. An Ordinance Vacating Fremont Avenue North from 62nd Avenue North to F.A.I. 94 -The public hearing on this ordinance was continued from the April 11, 1983 meeting to this evening's meeting. b. An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 and R6 Zoning District -The property referred to in this ordinance is located in the elderly housing project area. The ordinance was first read on March 14, 1983, and published on March 24, 1.983. The ordinance is recommended for a second reading this evening. A public hearing on the ordinance has been scheduled for 8:00 p.m. C. An Ordinance Vacating Drainage and Utility Easements along the Easterly and Westerly Lot Lines of Lot 5, Block 1, Earle Brown First Addition -This ordinance was first read on March 28, 1983, published on April 7, 1983, and is recommended for a second reading this evening. A public hearing on the ordinance has been scheduled for 8:00 p.m. *11. Declaration of Surplus Property -It is recommended a motion be made by the City Council declaring certain property of the City as surplus. The items will then be sold at public auction or advertised sale. 12. Discussion Items: a. Shingle Creek Report 13. Consideration of Specified Licenses - On -Sale Intoxicating Liquor License for C.A. Muer -The approval of the license would be conditioned upon the sale of Meriwethers Restaurant from General Foods to C.A. Muer. *14 Licenses 15. Adjournment The following is an excerpt of the draft of the minutes of the April 25, 1983 Brooklyn Center City Council meeting: RESOLUTIONS The City Manager introduced a Resolution Accepting Bid and Approving Contract 1983 -D (63rd Avenue Water Main Improvement Project No. 1983 -02). The Director of Public Works referred Council members to several memorandums prepared by staff regarding the consideration of bids received for contract 1983 -D (63rd Avenue North Water Main Improvement). The Director of Public Works stated that, based on the information presented in the memorandums, he recommends the contract be awarded to the second low bidder. Councilmember Theis inquired whether the Director of Public Works had discussed with the contractor the past performance situation contained in the staff memorandum. The Director of Public Works stated that he has not discussed the situation with the contractor since the bids were opened but noted that he has had previous experience working with Minn -Kota Excavating 'Inc. , in his previous capacity as Director of Public Works for the City of St. Cloud. Councilmember Theis then asked at what level were the problems experienced with the contractor. The Director of Public Works stated that the problems were at the management level and also concerned the contract performance. Councilmember Theis requested the Director of Public Works to comment on the inspection cost related to a project of this nature. The Director of.Public Works stated that the normal inspection costs for a project of this type are from 3 to 5% but that if it is a problem project the inspection costs can double or triple. RESOLUTION NO. 83 -71 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -D (63RD AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1983 -02) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. Mr. John Dean, representing the City attorney's office, suggested that the Council ask if there is anyone present from Minn -Kota Excavating Inc., who would like toy address the Council. Mayor Nyquist then inquired if there was anyone present from Minn -Kota Excavating Inc., and subsequently recognized an individual who stated that he was representing Minn -Kota Excavating Inc. He stated that he had received the memorandums prepared by the staff concerning the consideration of bids for the contract but that he had not had time to review them. He stated he feels that the company can complete the project according to the specifications and on time and that Minn -Kota Excavating Inc., did submit the bid in good faith and is prepared to meet the liabilities with regard to the completion of the project. Upon vote being taken on the resolution, 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 duly passed and adopted. As Deputy City Clerk of the City of Brooklyn Center, I am responsible for• „the recording of the official council minutes. I hereby certify that the above excerpt from the April 25, 1983 City Council minutes is a true and accurate record of the City Council meeting and will serve as the official record of the April 25, 1983 City Council meeting subject to approval of the Brooklyn Center City Council at its May 9, 1983 meeting. Date Thomas R. Bublitz DEPUTY CITY CLERK STATE OF MINNESOTA } COUNTY OF HENNEPIN }ss. On this 28th day of April, 1983, before me personally appeared Thomas R. Bublitz to me personally known, who being duly sworn, did say that he is the Deputy City Clerk of the City named in the foregoing instrument, and the said Deputy City Clerk acknowledged said instrument to be the free act and deed of said City. 8 ° DARLENE K WEEKS Notary Public Hennepin County, Mn. �':� NVTA;ZY PUUIC — �d ? HENNE ?IN COUNTY ICY ," expires Feb. 28, 1989 My Commission expires 1 { t i LeFevere Lef ler Kennedy O'Brien & Drawz A Professional Association 2000 First Bank Place West April 25, 19 8 3 Minneapolis Minnesota 55402 Telephone 612 - 333 -0543 Mr. James Grube Clayton L. LeFevere City of Brooklyn Center Herbert P. Lefler Dennis O'Brien 6301 Shingle Creek Parkway Jchn E. Drawl Brooklyn Center, MN 55430 ,,avid J. Kennedy John B. Dean Glenn E. Purdue Re: Brookwood Residences Plat (Proposed) Richard J. Schieffer Charles L. LeFevere Dear Jim: Herbert P. Lefler III Jeffrey J. Strand Mary J. Bjorklund At your request I am writing to outline the three John G.Kressel points which we discussed last Thursday and Friday with Dayle Nolan Cindy L. Lavorato reference to the proposed plat of Brookwood Residences, Michael A. Nash which was delivered to us for review on about April Luke R. Komarek 15th. Joan N. Ericksen Elizabeth D. Moran Brian F. Rice 1. The legals for the lots which abut Freemont 1 ;,am e J. Thomson, s J. Thomssoo n, Jr. Should be revised to remove the reference to Jame vacated Freemont Avenue. The reference to the land in vacated Freemont Avenue should be "free standing." We indicated that it could be properly placed immediately before the last paragraph. 2. Because part of Freemont Avenue abuts. Torrens property, it will be necessary to obtain a judicial order annexing the land in vacated Freemont to the abutting Torrens tract. This action can be completed fairly quickly. (Richard Edblom, the Examiner of Titles, indicated that it could be completed in approximately two weeks.) 3. We recommend that the Council proceed as planned and adopt the street vacation ordinance and approve the plat. The vacation ordinance should not be effective until April 27, 1983, so that our Quick Take on Parcel 10 will be in place. Y K Mr. James Grube Page Two April 25, 1983 I would then suggest that the plat be forwarded to this office. We will then have Minnesota Title file the plat. This can be accomplished as early as April 27th with respect to all offices except Torrens. If you have any questions, please advise. Respect ully yours, J hn B. Dean JBD:lr d MITMT,IS OF TLtE PROCEEDINGS OF 7T, CITY COUNCIL OF THE CITY OF BROOKLYIZ C121TER IN THE COUNTY OF 107NEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 11, 1983 CITY HALL CALL TO ORDER The 'BrooFlyn Center City Council met in regular session and was called to order by Ilayor Dean Nyquist at 7:35 p.m. ROLL CALK Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City'Engineer Jim Grube, and Administrative Assistant Tom Bublitz. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor. Nyquist inquired whether any of the Council members requested any items removed from the Consent Agenda. None of the Council members requested any items removed and the Mayor entertained a motion to approve the Consent Agenda. APPROVAL OF MINUTES - MARCH 14, 1983, I - NCH 28, 1983 There was o motion by Councilmember Scott and seconded by Council-member Theis to approve the minutes of the City Council meeting of March 14, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the City Council meeting of March 28, 1983 as submitted. Voting in favor: Fayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Baskin Robbins - 31 Flavors Brookdale Center Berean Evangelical Free Church 6625 Humboldt Ave. Big -Bi Service Station 5710 Xerxes Ave. N. Bridgeman's Brookdale Center Bridgeman's 6201 Brooklyn Blvd. . Brookdale Plitt 2501 County Rd. 10 Brooklyn Center Country Boy 4401 69th Ave. N. Brooks Superette 6804 Humboldt Ave. N. Brother's Brookdale Restaurant Brookdale Center 4 -11 -83 -1- Chuck Wagon Inn 5720 Morgan Ave. N. Chuck's Q. 1505 69th Ave. N. Dayton's Brookdale Center Denny's Restaurant 3901 Lakebreeze Ave. Duoos Brothers American Legion Post 4307 70th Ave. N. Earle Brown Bowl 6440 James Circle Fanny Farmer Candy Shop Brookdale Center Farrell's Ice Cream Parlor 5524 Brooklyn Blvd, Good Earth Restaurant Westbrook Mail Green Mill 5540 Brooklyn Blvd. Holiday Inn 1501 Freeway Blvd. House of Hui 6800 Humboldt Ave. N Howard Johnson Co. 250 Granit Street Ground Round Restaurant 2545 County Rd. 10 Jerry's Brookdale Super Valu 5801 Xerxes Ave. N. Jim & Dee's Donut 7 Coffee Shop 6838 Humboldt Ave. K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd Ave. N. Lynbrook Bowl, Inc. 6357 Lilac Dr. N. McDonald's 5525 Xerxes Ave. Maid of Scandinavia Co. Westbrook Mall Maranatha Conservative Baptist Home 5401 69th Ave. N. Meriwether's 2101 Freeway Blvd. Nature Food Center Brookdale Center Orange Julius of Brookdale Brookdale Center Peking Place 5704 Morgan Ave. N. Perkins Cake & Steak 5915 John Martin Dr. Poppin Fresh Pie Shop 5601 Xerxes Ave. Na Show Biz Pizza Place 5939 John Martin Dr. T- Wrights 5800 Shingle Cr. Pkwy. Taco Towne 6219 Brooklyn Blvd. Thrifty -Scot Motel 6445 James Circle Yen Ching Restaurant 5900 Shingle Cr, Pkwy. GAMBLING LICENSE - Class B St. Alphonsus Church 7025 Halifax Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave. N. MECHANICAL SYSTEM'S LICENSE Able Mechanical Services 6717 83rd Pi. N. Care Air Conditioning 1211 Old Highway 8 Conservenergy Systems, Inc. 6505 Taft Street Minnesota Gas Company 733 Marquette Ave. Riccar Heating 3095 162nd Lane NW G. Sedgwick Heating & Air Cond. 1001 Xenia Ave, S. MOTOR VEHICLE DEALERSHIP LICENSE - Class A Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6801 Brooklyn Blvd. North Star Dodge 6740 Brooklyn Blvd. 4 -11 -83 -2- NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Industrial Johnson Controls 1801 67th Ave. N. SIGN HANGER'S LICENSE DeMars Signs 4040 Marshall St. N.E. Naegle Outdoor Advertising 1700 W. 78th St. Nordquist Sign Company, Inc. 312 W. Lake St. Royal Crown Beverage Co. 553 N. Fairview Ave. SWIMMING POOL LICENSE Garden City Court Apartments 3407 65th Ave. N. Holiday Inn 1501 Freeway Blvd. Marvin Garden Townhouses 68th and Orchard Moorwood Homeowners Assoc. .5809 Lake Curve Ln. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING REGARDING THE DESIGNATION OF A HOUSING DEVELOPMENT PROJECT AND EST ABLISID' vT OF TAB IIvCRF1'i 1T FTi AN JIG DISTRICT Mayor Nyquist opened t e meeting for the purpose of a public hearing Regarding the Designation of a Housing Development Project Pursuant to Minnesota Statutes, Section 462.411 et. sea., the Tanicipal Housing and Redevelopment Act, and the Establishment of Tax Increment Financing District Pursuant to Minnesota Statutes, Section 273.71 to 273.73 Inclusive, the Tax Increment Financing Act. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83--60 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE BROOKLYN CE17ER HOUSING DEVELOPPTI NT PROJECT PURSUANT TO THE PROVISIONS OF MTTU1ESOTA STATUTES, SECTION 462.411 ET. SEQ. , AND APPROVAL OF THE BROOKLYN CENTER HOUSING AND RFP?�VEL0F: -I1T AUTHORITY HOUSING DEVELOPPIENT PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon., the following voted in favor thereof: Dean Nyquist, Gene Ihotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was duly passed and adopted. 4 -11 -83 -3- i The City Manager introduced a Resolution Establishing a Tax Increment Financing Housing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, and Adopting a Finance Plan for Said Tax Increment Financing District. He explained the Brooklyn Center Planning Commission recommended approval of the tax increment financing plan at its T!arch 2, 1 983 meeting. He also explained the Hennepin County Board of Commissioners reviewed the tax increment financing plan and commented favorably on the plan. The City Manager pointed out the Hennepin County Board of Commissioners reviewed the plan and that the Board approved the plan indicating that it appears to meet the Board's guidelines for establishing a tax increment district, as promulgated in Resolution No. 80 -8-729 (R). RESOLUTION NO. 83-61 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A TAX IYCRF17 -MT FINANCING HOUSING DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 273.71 TO 2.73.78 INCLUSIVE, AND ADOPTING A FINANCE PLAN FOR SAID TAX INCREMENT FINANCING DISTRICT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, 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 dal passed o g ag Y I� and adopted. RESOLUTION NO. 83 -62 Member Gene Lhotka introduced the following resolution and moved its adoption: m m RESOLUTION REQUES THE COUNTY AUDITOR TO CERTIFY THE ORIGINAL ASSESSED VALUE OF TIE REAL PROPERTY WITHIN THE BOUNDARY OF' i1 BROOKLYN CENTER HOUSING AND REVEDEVELOPNENT AUTHORITY TAX INCMIFNT FIN, . ICING HOUSING DISTRICT 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 N Y quist, 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. 83 -63 Member - 7iiei�troduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -E (BROO1<YOOD DEVELOPMENT IMPROVIT-APIE TT PROJECT NOS 1983 -04 AND 1983 -05 AND SIDEWALK IMPROVETIENiT PROJECT NO. 1983-06) 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 Ilyquist, 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. The City Manager explained that the Elderly Housing Project Citizen's Committee worked very hard and did a tremendous job on the project. . 4 -11 -83 -4- There was a. motion by Councilmember Lhotka. and seconded by Councilmember Theis to authorize the staff to dr =ift a resolution of commendation for the members of the Elderly Housing Project Committee. Mayor Nyquist expressed his thanks to the members of the committee and stated that the project was a unique one, and one that would add much to the City of Brooklyn Center. Mayor Nyquist recognized 11r. Phil Cohen who expressed his thanks to the committee members and staff for their efforts in the project. He added that he would particularly like to commend Mr. Brad Hoffman and the entire City staff for their efforts and pointed out that the project was a total staff effort. He added that he believes the project was expedited by the Council acting as the ERA and that he believed this was the most efficient means to undertake such a J ro'ect. He added p i that the citizen's group will continue to work on and support the project to its completion. Councilmember Lhotka commended the work done on the project and noted that the project was a community effort and expressed appreciation for the community support of the project. RESOLUTIONS The City Manager introduced a Resolution Accepting Bid and Approving Contract for Contract 1983 -D (63rd Avenue Water Plain Improvement Project No. 1983 -02) and explained that the staff is requesting tabling consideration of the resolution until a more complete reference check of the contractor can be accomplished. RESOLUTION N0. 83 - Member Gene Lhotka introduced the following resolution and approved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF OUTSTANDING DISBURSENE1?T CHECKS NOT CAS= 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. QUIT CLAIM DEED - EVERGF t ESTATES The City Nhnager stated that the staff is recommending the Council pass a motion authorizing the Mayor and City Manager to execute a claim deed for the purpose of clearing title to Lot 1, Block 5, E'vergreen Estates. Evergreen r The Director of Public Works reviewed a plat of .� e g seen Estates and explained the City traded property in the development for the purpose of right of way acquisition. He pointed out that in order to clear the title for the property in question a change in the legal description is required. He explained the change involves an error of 3/100 of a foot in the initial description, and that the title company has refused to r involved give title to the property t because of the error. He explained the property � g p p y is the portion conveyed to the developer. RFCFSS � Fe 7rooklyn Center City Council recessed at 7:52 p.m. and reconvened at 8:10 p.m. 4 -11 -83 -5- ORDINANCES t a_tiAM A1 T CHAPTER 35 OF THE CITY CRDINAI,CFS CI.AcSiFYIlIG C mAITl LAND AS r , r^i -� - p,tr T7 - n^a�T' 7/t I S' � ' . v n e "P i4. ' HE 13 Al, t;b GL. litii.r D1��ttill,_ 7Ee M y�ianager 6xpla — in eT_t h e- proper reTerred to in the ordinance is located in the elderly housing project area and that the public hearing on the ordinance is scheduled for April 25, 1983. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to table consideration of An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 and R6 Zoning District to the regularly scheduled City Council meeting of April 25, 1983. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AS, ORDI110CE VACATING FRI1 AVENUE NORTH FROTT 62 AVE1\ NORTH TO FAI 94 Hie City Manager explained the ordinance provides for vacation of public interest for Fremont Avenue North through the Brookwood Addition, the Housing Redevelopment Project area. He added that affected property owners have been notified and notice of the hearing has been published in the official newspaper. He explained the ordinance was first read on February 28, 1983, published on March 10, 1983, and scheduled for a public hearing this evening. He recommended that the Council table consideration of the ordinance until April 25, 1983. Mayor Nyquist opened the meeting for the purpose of a public hearing on the ordinance. No one appeared to speak at the public hearing and he 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. Voting in favor: Mayorllyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table consideration. of Am Ordinance Vacating Fremont Avenue North from 62nd Avenue North to FAI 94 until the regularly scheduled Council meeting of April 25, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. All ORDINANCE AN1�`tDING CHAPTER 35 OF THE CITY ORDINANCES ESTABLISHING FLOOD PLAIN USE PERMIT FEES _ The City Manager explained the ordinance was first read on March 14, 1983, published on March 24, 1983, and is recommended for a second reading this evening. He explained a public hearing orf the ordinance has been scheduled for 8:00 p.m. this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Fstablishing Flood Plain Use Permit Fees. He inquired if there was anyone present who wished to speak at the public hearing. iio one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilm,ember Scott and seconded by Councilmerriber Lhotka to chose the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Establishing Flood Plain Use Permit Fees. Voting in favor: Mayor Nyquist, Coancilmemlers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 4 -11 -83 -6- ORDITANCE ITO. 83 - Iember Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AM0 CHAPTER 35 OF THE CITY ORDINANCES ESTABLISHING FLOOD PLAIN USE PERMIT FEE The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. RESOLUTION NO. 83 - Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AIMIDING CITY COUNCIL RESOLUTION NO. 81 -123 ESTABLISHING FLOOD PLAIN USE PERMIT FEES The motion for the adoption of the foregoing resolution was duly seconded by member p g g Rich Theis, 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. AN ORDINANCE AIM1DING BY REFERENCE THE ITORTHTrIEST SUBURBS JOINT CABLE COTIT�IINICATIONS 7RRDINANCE: PRESCRIBING PF`TALTIES FOR VIOLATIONS: PROVIDING FOR ADI AND ENFORCEI=T AND PERIODIC - =- The City Manager explained the ordinance ua.s first read on lurch 14, 1983, published on March 24, 1983 with a public hearing scheduled for 8:00 p.m. this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violations: Providing for Administration and Enforcement and Periodic Review. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violations: Providing for Administration and Enforcement and Periodic Review. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83-6 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE ADOPTING BY REFERENCE THE NORIBgEST SUBURBS JOINT CABLE COMUNICATIONS ORDINANCE: PRESCRIBING PENALTIES FOR VIOLATIONS: PROVIDING ADMINISTRATION AND FI AND PERIODIC REVIni The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. 4 -11 -83 -7- GAMBLING LIC17 - ST. ALPHONSUS CHURCH There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the class B gambling license for St. Alphonsus Church. Voting 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 Scott to waive the $10,000 fidelity bond for the gambling license for St. Alphonsus Church. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Phnager reviewed the Kaleidoscope event held on April 10, 1983 and briefly discussed the City's participation in Kaleidoscope. He also reviewed for Council members some of the implications of rescue and recovery with regard to water use accidents. He explained that there are several possibilities for technology and methods which could be used in situations of water accidents including divers and electronic locaters. He added the staff is preparing a report for the Council on this subject. PLANNING COT-11ISSION IT31S PLATvTT11 - YG COTTIISSION APPLICATI NO. 83011 SUBMITTED BY ROBERT ADELTLA-TdN (DUKE'S ST AIMPT FOR SITE AT`�D BUILD'11 TG PLAN SPECIAL USE PER" 1T APPROVAL TO C T`TSTRUCT A118' X 25' ADDITION TO THE SOUTH 1,11D OF TEE EAST IWI G OF `IBE SERVICE STATION AT 6501 HUMBOLDT A=— E NORTH The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 2 of the March 31, 1983 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 83011. The Director of Planning & Inspection reviewed the location and zoning of the subject parcel, and explained that gasoline service stations are special uses in the C2 zone. He also reviewed the location of the proposed addition and the recommendations of the City's Building Official with regard to improving handicapped accessibility in the project. The Director of Planning & Inspection stated that a public hearing was held by the Planning Commission on March 31, 1983, and that after the public hearing, the Planning Commission recommended approval of the application subject to four conditions which he reviewed for Council members. He added that a public hearing is required this evening, that the proper notices had been'sent, and that the applicant was present this evening. Councilmember Lnotka commented that, since fire sprinklers are already required in the building, he suggested adding it as a condition for approval. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83011 and inquired if there was anyone present who wished to speak at the public hearing. To one appeared to speak and he entertained a motion to close the public hearing. 4-11 -83 -8- There was a motion by Councilmember llnwes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 83011 . Voting in favor: Fayor Nyquist, CounciLmembers Lnotla, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 83011 subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to a11 codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Plan approval_ is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 5. The existing fire sprinkling system shall be extended into the building addition in accordance with Chapter 5 of the City Ordinances. PLANNI COMMISSI APPLICATION T TO. 87012 STUT!"ITTED BY SAINF�R kMJTSON FOR A SPECIAL USE PI111 TO CONDU A STALL EHGITJ�l R 'P _IR HOT L OCCUPATION IN Th _E GARAGE OF THE RESID17NCD A`_D 1112 1 ��RSON I� ITI " U'lh — The Director of Planning & Inspection presented . and reviewed for Council members pages 2 through 4 of the March 31, 1983 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 83012. The Director of Planning & Inspection reviewed the special use permit request, the letter of the applicant requesting the special use and also the location. of the subject parcel. The Director of Planning & Inspection explained the staff has noted that ten special use home occupations have been issued in the last 15 years, none of which present any problems to date. With regard to Application No. 83012, the Director of Planning & Inspection explained that the City's Building Official recommended the addition of one condition for approval which concerned the relocation of the gas furnace to meet the mechanical code requirements. He explained the Planning Commission held a public hearing on Application No. 83012 at its T arch 31, 1 983 .meeting, and that after the public hearing the Planning Commission recommended approval of the application subject to six conditions which he reviewed for Council members. He added that a seventh condition be added ; would state that the gas fired furnace shall be relocated in a manner consistent with the mechanical code subject to approval of the City's Building Official. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning 4 -11 -83 -9- Commission Application No 83012 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 83012. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. In discussion of Planning Commission Application No. 83012, Councilmember hhotka stated that he would like to see the Saturday hours cut back - to 6 :00 p.m. for consideration of the neighbors. There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to approve Application No. 83012-subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation sh:�.11 be from 9:00 a.m. to 8:00 P.M. Monday through Friday, and 10:00 a.m. to 6:00 p.m. Saturday. 4. All parking associated with the home occupation shall be off— street on improved space on the property. 5. A 5 lb. fire extinguisher shall be installed in the area of the home occupation prior to the issuance of the permit. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of - the City Ordinances. 7. The gas furnace located in the garage shall be relocated in a manner consistent with the mechanical code subject to the approval of the City's Building Official. In discussion of the motion, Councilmember Hawes inquired whether the applicant plans to work on the motors with the doors closed or open. The Director of Planning Inspection stated that it will probably be done both ways and pointed out that he believes only two properties will be affected by any potential noise. Councilmember Hawes then expressed a. concern that perhaps the doors should be closed when the engines are being operated. The applicant responded to Councilmember Hawes by stating that the garage door opens to the v.7est wllnii faces a church parking lot. Councilmember Hawes stated that his only concern was to to protect the neighbors from excess noise. Councilmember hhotka commented that there is protection in the special use permit, and if complaints are received, the Council could again review the permit. The Director of Planning ,% Inspection pointed out that if complaints were-received the staff would try to resolve them with the applicant. Upon vote being taken on the motion, the following voted in favor: Mayor iiyquist, Councilmembers hhotka, Scott, Hawes,and Theis. doting against: none. The motion passed unanimously. 4 -11 -83 -10- tilJ C .OUR T71TI'T There was a, motion by Councilmember Scott and seconded by Councilmember Theis to adjourn the meeting. Voting in Favor: Kayor byquist, Councilmembers Lhotka, S cott, ? - ,r T e ' of a~ain. �;: none. The motion e.s,sed unanimoasl. �_a.wF.� and ;.ti..l�. �J„�n P y• The Brooklyn Center City Council adjourned at 8:55 p.m. Clerk Mayor 4-1I -83 -11- >r` CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 �. EMERGENCY- POLICE -FIRE t 'L k w . 911 TO: Sy Knapp, Director of Public FP,0t Jim 0rube, Assistant City Engineer D".TE: April 21, 1983 RE: Final Plat of �Iae H. Lent Addition located at 55th and Bryant Avenues North (Planning Commission Application No. 82046) Nr. Richard Lilja, on behalf of the owner, has petitioned the City to final the referenced plat, the subdivision of a residential lot located at 910 55th Avenue North. Conditions placed upon the plat by the City Council at its December 20, 1982 meeting include: 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 existing shack on Lot 1 shall be removed from the premises and the illegal utility connection between the main house and the shack shall be removed prior to final plat. approval. 4. The existing concrete patio slab which extends over the property line between Lot 1 and Lot 2 shall be removed or reduced to meet setback requirements for accessory structures prior to final plat approval. 5. The accessory shed near the northwest corner of Lot 1 shall be removed or relocated to meet setback requirements for accessory structures prior to final plat approval. All conditions have been met by the applicant. Therefore, it is recommended the City Council approve the final plat of Nlae H. Lent Acidition. C.R. Doc. NO.. MAE H. LENT ADDITION 60 : Vc,fh lint of S-0 ho /1 0/ Lo! 45 1, pT — __165.54 lei 135.54 i" 3 30 1! `t N / is 0 �-� - � T- ?-�0��•' —SAO 60 FEET o C l O GEI'OTfS IRON MONUMENT < ,[ 2 � T 6£AR /NC.S SHOWN ARE ASSUMED 3 'Al ST O__ `J " v ry 3000 a Q. I 133.55 30.00 50 L r _ "ST . _- ••SOUlA lint of Lal 45 ' b 5- J H 11Y:_ Jt b b b - v .� i � ✓ e H: J CO st"'. LVUF 1 1 r . �._. 111- hILAN .';0(31171s fVC ........ w.•.:. u. 4:+ w ..•,..wa..�e.r...e............ ...a.�M.. "w_...,wnn..m�v.. � , m....� .a,.m. ro .,o�+s.___ M1 Member introduced the following resolution and moved its adoption: RESOLUPION NO. RESOLUTION ACCEPTING BID AND APPROVING CON`PACT 1983 -D (63 AVENU N ORTH WATER MAIN IMPROVEMENT PROJECT NO. 1983 -02) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1983 -20, bids were received, opened, and tabulated by the City Clerk and City Engineer, on March 31, 1983. Said bids were as follows: Bidd Total Bid Minn -Kota Excavating, Inc. $ 92,708.10* Hayes Contractors, Inc. 93,403.00 0 & P Contracting, Inc. 95,830.02 Northdale Construction 98,094.00 Hydrocon, Inc. 99,093.75 American Contracting Corporation 102,404.60 G.L. Contracting, Inc. 103,910.54 F.F. Jedlicki, Inc. 104,235.00* Thomas & Sons Construction, Inc. 109,633.00 C.S. McCrossan, Inc. 114,449.75 Bonine Excavating, Inc. 154,071.54* *Correction Upon Engineer's Extension AND, WHEREAS, the Director of Public Works has investigated the qualifications and performance record of the two lowest bidders and recommends that the low bid of Minn -Kota Excavating Inc. be rejected on the basis that it does not ensure that the City would receive the highest quality project at the most reasonable price and that, in his opinion, the taxpayers of the City will receive the best bargain for the least money by awarding the contract to Hayes Contractors, Inc., the second low bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The proposal submitted by Minn -Kota Excavating, Inc. is hereby rejected. 2. The bid of Hayes Contractors, Inc. is hereby determined to be the lowest responsible bid and said bid is hereby accepted. 3. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $93,403.00, with Hayes Contractors, Inc. of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1983 -02 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 4. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated total cost of ;Improvement Project No. 1983 -02 is hereby ami�-:nded from $159,850.00 to $102,743.30, according to the following schedule: As Approved As Bid Contract Cost $145,320.00 $ 93,403.00 Engineering Cost 13,080.00 8,406.27 Administrative Cost 1,450.00 934.03 TOTAL $159,850.00 $102,743.30 2. The accounting for the project will be done in the Public Utilities Fund account. 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. Mcrnk�er. introduce=d the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -D (63RD AVENUE NORTH WATE MLTON IPIPROVEMENT PROJECT N0. 1.983 -02) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1983 -02, bids were received, opened, and tabulated by the City Clerk and City Engineer, on March 31, 1983. Said bids were as follows: Bidder Total Bid Minn -Kota Excavating, Inc. $ 92,708.10* Hayes Contractors, Inc. 93,403.00 0 & P Contracting, Inc. 95,830.02 Northdale Construction 98,094.00 Hydrocon, Inc. 99,093.75 American Contracting Corporation 102,404.60 G.L. Contracting, Inc. 103,910.54 F.F. Jedlicki, Inc. 104, 235.00* Thomas & Sons Construction, Inc. 109,633.00 C.S. McCrossan, Inc. 114,449.75 Bonine Excavating, Inc. 154,071.54* *Correction Upon Engineer's Extension WHEREAS, it appears that Minn -Kota Excavation, Inc. of Brooklyn Park, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $92,708.10 with Minn -Kota Excavating, Inc. of Brooklyn Park, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1983 -02 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated total cost of Improvement Project No. 1983 -02 is hereby amended from $159,850.00 to $101,978.91 according to the following schedule: RE20L UTION NO. As Approved As Bid Contract Cost $ 145,320.00 $ 92,708.10 Engineering Cost 13,080.00 8,343.73 Administrative Cost 1,450.00 927.08 TOTAL $159,850.00 $1.01,978.91 2. The accounting for the project will be done in the Public Utilities fund account. 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: I II whereupon said resolution was declared duly passed and adopted. CITY T OF 6301 SHINGLE CREEK PARKWAY 0 N BROOKLYN CENTER, fUIfvNESOTA 55430 TELEPHONE 561 -5440 1 '?+ EMERGENCY - POLICE -FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 22, 1983 RE: Consideration of Bids Received for Contract 1982 -D (63rd Avenue North Water Main Improvement) On March 31, 1983 bids were received and opened for this proposed construction project. This report reviews the major features of the project and evaluates the 2 lowest bidders. I. Proj Su mmary The project involved is a relatively small project which involves the installation of a 16 inch water main and appurtenances in the vicinity of 63rd Avenue North between Brooklyn Boulevard and Beard Avenue North. Special features of this project which make it of more - than - normal complexity include: 1. work on Brooklyn Boulevard (T.H. 152) requiring special attention to heavy traffic volumes, safety, signing, etc., and special precautions regarding the jacking or boring of the required casing pipe under this highway. The Minnesota Department of Transportation requires a $25,000.00 bond to assure satisfactory completion of this work. 2. work in close proximity to Well Houses Nos. 1 and 2, to the Municipal Liquor Store and to the Fire Station. 3. our specifications require payment of wages in accordance with the provisions of the "Little Davis Bacon Act" (Minnesota Statutes 177.42-44) 4. the completion of all work on Brooklyn Boulevard (T.H. 152) prior to MN /DOT's proposed resurfacing project on Brooklyn Boulevard is a critical concern. Our specifications require completion of all underground work by May 27, 1983 and final project completion by June 10, 1983. The specifications also provide for liquidated damages of $250 per calendar day in the event of non - completion. This schedule provides more- than - adequate time for completion of the project prior to MN /DOT's Resurfacing project which is scheduled to in mid -June. `7l e .�,aetccP�ie.rt� axc �¢ April 22, 190'3 imumo to G.G. Spl inter Page 2 However, if the City with its contractor should for some reason fail to complete the project in time to allow MN/DOT's project to proceed, MN /DOT reserves the right to decide 'what happens then. II. Evaluation of Bidders 1. Our specifications require that all bidders submit a completed questionaire entitled "Bidder's Qualifications" on which the bidder is to submit in Formation regarding personnel available for the job, list his supervisory staff who would be assigned to the project, list equip- ment which is available for the project, and provide a listing similar projects which the contractor has performed within the past 3 years. Unfortunately, neither the low bidder nor the next 3 lowest bidders answered this questionaire. There is little doubt that all of these bids could be rejected on this basis. However, the lowest bid b J s• � Y a contractor who answered this questionaire (Hydro -Con, Inc.) is approxi- mately $6,300 higher than the low bid. Accordingly, since the City can obtain the required information by other means, I do not recommend this alternative. 2. In accordance with our standard office procedures, I requested Jim Grube, our Assistant City Engineer, to contact other cities to get references regarding the two lowest bidders. His April 7, 1983 report, marked "Exhibit A" is attached. 3. I have discussed the performance record of the low bidder (Minn -Kota Excavating, Inc.) regarding previous projects in Brooklyn Center with Gary Giving, our Engineering Technician. Gary advises that he has inspected several projects completed by Minn - Kota and offered the following comments: - Constant (more- than - normal) inspection is required to assure compliance with the plans and specifications - Minn -Kota frequently attempts to cut costs by not having proper equipment on the job. Frequent problems have occurred regarding inadequate provisions for traffic safety (signing, barricading, flagging, etc.) - Most projects have been completed on or close to specified completion dates except for delayed cleanup procedures. The contractor submits many claims for extra payment. This requires an extra ordinary amount of documentation by the City's staff. - On a scale of 1 (low) to 10 (high), Gary would rate Minn -Kota as a3 or 4. 4. Personal Experience While I was at St. Cloud, Minn -Kota received approximately 10 contracts with the City of St. Cloud and /or with MN /DOT in the St. Cloud area. My experience in working with the firm under those contracts is summarized as follows: April 22, 1983 memo to G.G. Splinter Page 3 a. Minn -Kota is a fairly large firm, apparently in good financial condition, with a large fleet of good equipment. b. Minn- Kota's project management staff is generally capable, but the firm is known for their unconventional construction practices and management methods. c. Minn -Kota is generally capable of undertaking and completing large, projects, but periodically contract for complex projects, apparently without fully evaluating those projects before submitting their bid. Then, as the complexities of the project are realized (during the construction phase), the company asks for reconsideration in one or more of the following ways: - asking for additional payment for changed conditions or unforeseen circumstances - asking the City to accept work which does not fully meet the specifications - charging "bias" against the Project Engineer - requesting extensions of time. d. On at least 4 of those St. Cloud projects, Minn -Kota failed to complete the projects on, or even close to, the specified completion date. In each case, the contractor vehemently objected to the charging of liquidated damages - always claiming that delays were caused by circumstances beyond his control. In all cases, it was my opinion that most of the delays occurred due to improper advance planning for the project and Minn - Kota's unconventional construction practices and management practices. 5. To check out t other have had with u he detailed experience o er cities Minn- Kota, we have conducted in -depth studies of 4 of the projects in Minnetonka and one project in Chanhassen. A summary of that investigation is attached (Exhibit B). 6. To check Minn - Kota's performance record under Minnesota Department of Transportation (11N /DOT) projects, I contacted Mr. Bill Brennan, Director of the Office of Construction. Mr. Brennan advised me there have been at least two large projects on which Minn -Kota has exceeded the specified completion date by many months. On one of those projects (at St. Cloud) MN /DOT has charged $42,000 of liquidated damages (70 working days at $600 /day). Minn -Kota is currently suing MN /DOT to recover these liquidated damages, while also claiming that MN /DOT provided faulty soil boring information and changed the conditions of the contract. Mr. Brennan also advised there are several projects on which employees have filed labor disputes against Minn -Kota with the Department of Labor. 7. Attached hereto (Exhibit C) is an April 25, 1983 memo from our City Attorney, Dick Schieffer, regarding criteria for consideration of bids. April ?2, 1922 memo to G.G. Spl intr�r Page 4 III. Summary While there is no question that iiinn -Kota has adequate manpower, equipment, and experience to complete this project, it is my opinion that the City will rece ive the hi ghest quality project, at a rea r ice and will rece the hest barg for file leatrrion a see paragraph 2 of City Attorney's memo by awarding the contract to the second low bidder, Hayes Contractors, Inc. It is my opinion that the $694.90 difference in the bid price will be more than made up by better performance and lower project management costs. IV. R ecommendation On the basis of my investigation, it is my recommendation that the bid of Minn -Kota Excavating, Inc. should be rejected and that the contract be awarded to the second low bidder, Hayes Contractors, Inc. A resolution for this purpose is submitted for consideration by the City Council. In the event the City Council does not wish to accept the above recommenda- tion, I then recommend that we do award the contract to Minn -Kota Excavating, Inc. with the message that the City intends to enforce strict compliance to the terms of the contract and that their performance on this project would certainly be considered in the future. An alternate resolution for this purpose is also provided for consideration by the City Council. Respectfully submitted, �« /y cc: Mr. Ken Bergstrom, Minn -Kota Excavating, Inc. Mr. John L. Devney, Attorney -at -Law 2200 lst National Bank Building St. Paul, Minnesota 55101 Mr. Dick Schieffer, City Attorney ,...,..w >, EXIIIBIT A CITY 6301 SHINGLE CREEK PARKWAY OF , 7' �, BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 � h } T 7 y � {: EMERGENCY POLICE - FIRE 911 T0: Sy Knapp, Director of Public I�Iorks FROM: Jim Grube, Assistant City Engineer DATE: April 7, 1953 RE: Evaluation of Bids Received for Contract 1983 -D Pursuant to City Council authorization, bids were received and opened on March 31, 1983 for installation of 16 inch transmission main along 63rd Avenue between Beard Avenue and T.H. 152 (Brooklyn Boulevard). Upon review of the proposals it has been determined that the lowest bid, in the amount of S92,708. 10, was submitted by Irinn -Kota Excavating, Inc. °eview of References - !Minn -Kot Ex cavating Inc. Further review of the proposal documents reveals that the contractor did not provide necessary information on the "Bidders Qualifications" form to readily review the firm's qualifications. In order to satisfactorily complete the review I requested references from the contractor and solicited responses from additional sources. A summary of the interview responses follows: St. Cloud (Steven Gaetz - Assistant City Engineer) Minn -Kota Excavating, Inc. has undertaken many projects over the years. The most recent project, a S4 miilion sanitary /storm sewer separation project has gone over one year beyond the completion date. Further, by mutual agreement between the City and contractor, necessary tunneling under existing railroad tracks was deleted from the project scope and awarded to another contractor. Such agreement was reached when it was determined that the contractor did not have the expertise to complete the work, and that work for which it was qualified, was not being completed in a timely fashion. hIr. Gaetz does consider the workmanship of the construction crew to be acceptable; however, project manage- ment was poor, especially in the area of public relations. Prior to contract award, the staff considered the consequences of rejecting the low bid, but they could not justify the acceptance of the next lowest bid, as it was $50,000 above that of Minn -Kota Excavating, Inc. In addition, it was believed that litigation would insue if the low bid was rejected. Although the contractor has claimed he will no longer work for the City of St. Cloud, the staff has considered the implications of not releasing plans and specifications for future municipal improvements to the contractor. No official position has been taken. ," 74e — 5 vme, - 44K f V014 �� „ pri Pane 2 Eden Prairie (Eugene Dietz - Director of' Public Works irrn - Kota excavating, Inc. the installation of a 24 inch transmission water grain project in 1982. The work was completed in a timely fashion, with good quality workmanship. The contractor cooperated with City representatives during the project, "ironing out” the few problems encountered. Eden Prairie staff will recommend to its council that the contractor be awarded a contract for work upon which bids were recently received. Mloo rhead (Jerry Flovrden - Engineer for Ulteig Engineering) , -Kota Excavating, Inc. completed a force main/gravity main sanitary sewer project in 1981. Construction workmanship was acceptable on the project, and the work was completed in a timely manner. Final project inspection revealed 2 minor deficiencies which were corrected immediately. innetonka (Donald Asmus - City Engineer) pinn -Kota Excavating, Inc. was awarded two projects adjacent to U.S. Highway 12 in the recent past. Problems were experienced on both projects. The City considered rejecting the contractor's bid on the first project because of previous problems, but did not because the project was a joint City /MN /DOT effort and the City would have been forced to pay the 570,000 difference between the low and second bid. The City considered the contractor's construction practices to be poor, requiring full time inspection. Further, the City considered it necessary at one point to check almost every pipe length installed to insure correct placement to line and grade. Project management was considered poor. ILsMarck, North Dakota (Jim Skaret - Engineer for Toltz, King, Duvall, Anderson & Associates, Inc.) ..inn -Kota Excavating, Inc. undertook a S1.1 million sewer interceptor project p p J in June, 1981 consisting of 8,000 feet of pipe installation at extreme depths. The project is scheduled for completion in August 1983 one ear beyond the specified Y Y completion date. The work is being completed under protest because the contractor considered soil conditions encountered to be significantly different than anticipated. The City has taken the position that a pre -bid letting ite visit, includin the t3 " 9 ��n of soil borings, g ' 9 9 a was in order and therefore the claim was rejected. To date on 4 0 feet J y � ee of pipe remains to be installed, yet no portion of the installed facilities has been accepted due to a lack of clean -up of the structures. Quality of workmanship, project supervision, and contractor cooperation require improvement. Woodb (Joseph Anderlik - Engineer for Bonestroo, Rosene, Anderlik A, Associates, Inc.) P ":inn -Kota Excavating, Inc. was the law bidder on a 5210,000 storm sewer project in 1981. The sewer was to be placed on piling within an easement area. The consultant was concerned about the contractor's ability r o rtr actor s ab�l� _y to complete the work in a timely manner (considered necessary due to certain constraints placed on the easement to appease the grantor). Apr - i 1 I, 19o', p ante The bid of f- ",inn -l/ota Excavating, Inc. vias rejected in favor of the second lc,, hid s ;`)r,itteci ` :.y Barbarossa nc, r,S, inc. (at an increase of 52,060_ over the low bid). Blinn -Kota Excavating, Inc. did initiate a lawsuit, in the amount of 575,000, but the case was settled out of court for $5,000. The consultant considers their position to have been defensible, yet at the advice of their attorney, a settlement laas reached. ",r. Anderlik considers E ^inn -Kota Excavating, Inc. to be capable of completing straight forward projects, but difficult projects requiring proper organiza- tion and timely completion do not go well when undertaken by this contractor. R evie w of References T Hayes Contractors Inc I have also investigated references provided by the second lowest bidder, Hayes Contractors, Inc. (bid �Nas 593,403.00). They, too, neglected to complete the "Bidder`s Qualifications" form, so it was necessary to request references from their representative. A summary of the interview responses follows: Ml:etrop Sp orts Co mmissio n (Jerry Bill - Executive Director) Hayes Contractors, Inc. is currently employed for the installation of 16 inch main for the air conditioning of the domed stadium. Work includes jacking under existing streets and open excavations in heavily traveled areas (conditions identical to those for project 1983-02). Mr. Bill considers the contractor to be responsible, doing work in an efficient, timely manner. Project manage - ment is considered very good. N %A.'flo Company (Bob Zeller - Project flanager) Hayes Contractors, Inc. has worked as a subcontractor to M.A. Mortenson Company on many projects. Mr. Zeller considers their workmanship to be very good. Project management, both on the job and in the office, is also very good. The contractor completes the work with a minimum disruption to the public and maintains good public relations. The contractor is working with M.A. Mortenson on a Nicollet Avenue project at this time and doing acceptable work. Mr. Zeller highly recommends Hayes Contractors, Inc. as a competent firm. Ci o f Min (Stan Anderson - Inspector) Hayes Contractors, Inc. completed the installation of a private water main system for Cargill. The quality of the work was good and the attitude of the firm was that they wanted to do the job correctly the first time. Merila & A I nc. (Jinn Merila - President) Hayes Contractors, Inc. installed private utilities for Spec. 10 and 11 in the North Industrial Park and storm sewer in Shoreview under the direction and supervision of fllerila & Associates, Inc. Their work was considered acceptable by Mr. fkleri la. Mr. Merila did offer his opinion that "Finn -Kota Excavating, Inc. was the better of the two contractors considered, in terns of experience, capability to deliver the desired product, and overall quality of workmanship. Exf�Irr� B MEM TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works RE: Consideration of Minn -Kota Excavating, Inc.'s Bid for Contract 1983 -D (63rd Avenue Water Main Project No. 1983 -02) The following is a summary of a review of several municipal - ity's files with respect to work performed by Minn -Kota Exca- vating, Inc. during the past several years. M I NNETONKA 1. Susan Lane Sewer Project (1973). Several landowners complained that while sewer facilities were installed in late summer of 1973 the road was not repaired as of October, 1974 and that efforts at restoration were poor and that their automobiles were damaged due to ruts, etc. A television inspection of the sewer as laid revealed that the pipe in some instances settled up to 6 inches and appar- ently pipe had to be relayed in two spots. According to an August 5, 1975 letter from the consulting engineer (Schoell and Madson, Inc.) the problem was die to the contractor's failure to use a 5,000 pound drop hammer to compact the crushed rock stabilizer material used under the pipe in the sections that had to be replaced. According to the letter, the contract specifications required that such a drop hammer be used. 2. Crosby Lane Sewer Project (1975). Consulting Engineers were Rieke, Carroll, Mullen and Asso- ciaties, Inc. and in a letter to the As5'istant City Engineer they recommended, somewhat reluctantly that the bid be awarded to the lowest bidder, Minn -Kota, noting that "they have not established a very good reputation on past projects of this nature but are almost $70,000.00 lower than the second low bidder." The completion date on that project was November 15, 1975 but a November 20, 1975 letter to Minn -Kota from the con- sulting engineer's office (Alan Gray, P.E.) states that substantial completion has not yet occurred and that' -with winter approaching certain work such as turf restoration will have to wait until spring. A December 9, 1975 letter_ from Alan Gray to Minn -Kota indi- cates that sanitary sewer was not yet completed and ready for connection. An in -house memo by the City's Director of Operations and Maintenance claims that there is an 8 inch sag under the railroad tracks on Crosby Lane and blames it on the con - tractor. 3. Plymouth Road, North of Highway 12 Service Road Detachment (1979 bid). Prior to the award of 'the contract, representatives of the City and Minn -Kota met to discuss Minn- Kota's past perfor- mance. A letter from Jim Orr of Schoell & Madson,, Inc. (consulting engineers) indicates that Minn -Kota recognized that "their experience with projects in Minnetonka recently was poor, [but] they now have some new people and feel confident in terms of their ability to complete the job." A review of the file reveals that there were performance problems due to the weather, particularly the rain and also due to a delay in the removal of a home from the project area. A project extension was requested by Minn -Kota which was granted due to a delay in the award of the contract and probably the weather as well. The extension granted was from July 1, 1980 to September 1, 1980. 4. Highway 12 South Service Road Area, Drainage Facilities, Sanitary Sewer and Street Construction (1980 bid). Letter of approximately November 9, 1980 from Kal Bergstrom of Minn -Kota complains of instability of the nearby soils and difficulty in achieving specified levels of compaction as well as "hyper- technical over inspection." A November 11, 1980 letter from the consulting engineer (K. Adolf of Schoell & Madson) replied that the contractor knew of the bad soils and should have been aware of the diffi- culties that might result and stated that Minn -Kota could not disclaim its responsibilities under the contract. Other records in the file reveal that Minn -Kota apparently in some instances installed the wrong type of friction clamp which was not equal in strength to the clamp specified in the contract. Minn -Kota granted an extended warranty of four years to appease the City. Disputes also occurred with respect to soil settlements and who was responsible for them. 2 An April 29, 1981 letter from the consulting engineer to Minn -Kota stated that Minn. -Kota had left several settlements exposed without traffic warnings or signals and was slow in responding to hazardous situations. On June 24, 1981 Nina -Kotaa requested a time extension of one month stating it was unable to work 29 out of the last 48 working days. The consulting engineer's calculations were that only 17 days were disrupted by weather. Letter to D. Asmus, Direc- tor of Public Works from K. Adolf of Schoell and Madson July 1981. Y It is not clear whether any extension was granted. A claim was also made that Minn -Kota had installed a sewer stub two feet highwer than specified. Minn -Kota denied this claim stating that the stakes were improperly laid by the engineers and that the engineers had inspected the site when the stub was originally installed. On July 13, 1982 Minn -Kota was requested to do corrective work on the project. Their reply dated July 20, 1982 states that at "the present time we don't have any crews in Minneapolis but we will in September." I CHANHASSE 1. North Chanhassen Sewer and Water Project 71 -1E, Red Cedar Point Area (1973 bid). The completion date on this project was July 15, 1974 but sewer and water were not available until August 30, 1974 despite Minn - Kota's assertion in a July 2, 1974 letter that sewer and water would be available on the completion date. In that same letter Minn -Kota requested an extension until August 10, 1974 to complete the project, and it appears that the extension was requested due to rainy weather as indi- cated by the consulting engineer in a letter of July 21, 1974. The City claimed the project was not substantially completed until 332 days after the completion date and as a result withheld $33,300,.00 as liquidated damages ($100 per day). The matter went to arbitration but prior to an award, a settlement was reached, and the City agreed to pay Minn -Kota $15,3.00.00 as a ment in full e - p y 1 {i $18,000 liquidated damages were paid). There is also evidence of a claim for non - payment for work performed by a subcontractor. That claim was filed 4 months after the City issued final contract payment. 3 EXHIBIT G To: Mayor and City Council From: R.J. Schieffer Re: Criteria for consideration of bids Date: April 25, 1983 Brooklyn Center has received several bids with respect to a water main project. The lowest bid was submitted by Minn -Kota Excavating, Inc. The next lowest bid was approximately $700 more. The Director of Public Works of Brooklyn Center has previously dealt with the low bidder and is aware of several instances in which that bidder did not complete the projects on time and apparently there are also allegations with respect to the quality of the performance on those and other projects. Competitive bidding, pursuant to the public bidding statute serves several purposes. First, it limits the discretion of the officials having the power to let contracts in order to avoid such abuses as fraud, favoritism, extravagance, and improvidence. Coller v. City of St. Paul. 26 N.W.2d 835, 841 (Minn. 1947). A second purpose is to ensure that the public authority receives high quality labor and construction at the most reasonable price. Village of Excelsior v. F.W. Pearce Corp. 266 N.W.2d 316, 318 (Minn. 1975). - A third purpose is to guarantee that the taxpayers of the public authority get the best bargain for the least money. Neilsen v. City of St. Paul 88 N.W.2d 853, 858 -59, 861 (Minn. 1968). Public bidding statutes, however, are not for the protection of the bidders. For example, one court has indicated that "the provisions of both of the statutes and of the rules and regulations which have been adopted for procuring genuine bids and responsible parties, are in the main for the benefit of the city, and in order to prevent frauds upon it. They have not been adopted for the protection of the bidder, but for the protection of the City ." Neilsen supra at 858 -59. Where a contract is required to be let to the lowest responsible bidder a bidder cannot compel the awarding of the contract to himself merely because his bid may have been the lowest because public bidding statutes are for the benefit of the public and not the bidder. Elect Unlimited, Inc. v. V i l lage of Burnsville 182 N.W.2d 679, 683 (Minn. 1981). Under the public bidding statute, public officials are charged with the duty of awarding public contracts on competitive bids not to the lowest bidder but to the lowest responsible bidder. "Such officials have some discretion in determining who is the lowest responsible bidder . . - ." F219y_ Brothers, Inc. v. Marshall, 123 N.W.2d 387, 390 (Minn. 1963)- There are several Minnesota cases discussing the criteria which may be considered to determine which bidder is the "lowest responsible bidder." "Considerations other than price may be utilized such as quality, suitability, adaptability of the article to be purchased for the use for which it is intended. Where it appears that the commission's choice is based upon a substantial difference in quality, suitability and adaptability, its action will not be interferred with-" Du Village of Princeton, 60 N.W.2d 27, 32 (Minn. 1953). In discussing the responsibilities of the public authority in awarding bids, the Court on another occasion has noted that: the determination of the responsibility of bidders calls for the exercise of deliberation and discretion of a judicial nature . . . it is also well settled that the exercise of this discretion by such officers or boards will not be interferred with by the Courts, except for fraud and .abuse . . . . This discretion, however, is not arbitrary or unlimited, but must be exercised in the interest of the public .. - . and where a bid is rejected as being made by an irresponsible bidder, there must be some fact tending to show that the bid is not that of a responsible bidder Kelling v. Edwards, 134 N.W. 221, 222 (Minn. 1912) (citations omitted). Discussing the term "responsible", the Court noted that the term includes "not only financial responsibility, but also integrity, skill and ability, and the likelihood of the bidder's doing faith- ful and satisfactory work." Id. at 223. The Court using the criteria above, ruled that it was not arbitrary or capricious for the county auditor to have rejected lower bids where those contractors had been or were at the time of the award, in default with respect to similar contracts they had with the county. Id. The Court noted that progress is an element of responsibility of bidders for contracts for public works. Id. The Court also recognized the right of the auditor to use his past experience as a basis for determining whether or not those bidders were in fact responsible. Id. More recent discussion of the term "responsible" reflects that "responsible" includes more than just financial resources and ability. Thus, public authorities may "pass upon the honesty and integrity of the bidder necessary to a faithful performance of the contract - upon his skill and business judgment, his experience and facilities for carrying out the contract, his -2- previous conduct under the contracts, and the quality of his previous work, as well as to pass upon his pecuniary ability . 64 Am. Jur. 2d, Pu blic W or ks and Contracts 570. Thus, the determination of whether or not an individual is a responsible bidder would appear to include consideration of the following: 1) Quality of past performance; 2) Ability to handle and manage complex projects; 3) Performance problems experienced on past projects; 4) Delays involved in previous projects; 5) Skill and expertise with respect to handling projects to the end; and 6) Necessity for repairs or correction of previously completed work. It also seems quite clear that the City Council may rely upon city staff's past experiences with, and knowledge of the contractors in evaluating them under the criteria above. -3- Member introduced the fallowing resolution and moved its adoption: RESOLUi'ION NO. RESOLUTION RECEIVING CITY ENGTNEER'S REPORT, ESTABLISHING LIONS PARK TENNIS COURT I14PROVEMENT PROJECT NO. 1982 -21, PHASE II, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -F) WHEREAS, the City Council. has received a report from the City Engineer regarding the feasibility of completing the construction of the Lions Park Tennis court facility at an estimated cost of $31,630; and WHEREAS, the City Council deems it necessary and in the best interests of the City of Brooklyn Center to complete said improvement: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following improvement is hereby established and ordered constructed: LIONS PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1982- 21,PHASE II 3. The plans and specifications for said improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than seven (7) 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 May 19, 1983, 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 May 23, 1983, 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 s The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY P, OF '" "�� BROOKLYN CENTER, MINNESOTA 55430 frQ N TELEPHONE 561 -5440 "�� EMERGENCY— POLICE —FIRE IL ..6+ 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 22, 1983 RE: Lions Park Tennis Court Improvement Project No. 1982 -28, Phase II Pursuant to completion of subgrade correction within the Lions Park Tennis court site, the staff has developed plans and specifications for completion of the facility. The completed court layout will provide for two fenced courts and an adjacent unfenced practice area with ball wall. The estimated costs of the project are summarized below: Construction Cost $25,000 Contingencies 3,750 Subtotal Construction Cow $28,750 Engineering (9/ of Construction 2,590 Cost) Administration (1% of Construction 290 Cost) TOTAL $31,630 Funding for the tennis court construction will be from the 1983 Neighborhood i 9 hborhood Parks Budget (Division No. 88) of the Capital Projects Fund. The proposed improve - ment, as described above, is feasible at the costs estimated. It is recommended the proposal be forwarded to the City Council for further action. Respectfully submitted, Y SK: 1/t ca'r'e 6 O Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION ACCEPTING WORK PERFOR11ED UNDER CONTRACT 1982 -I (PARK. S HELTER IiIPROVEEIIENT PROJECT NO. 198 -1 7) WHEREAS, pursuant to written Contract 1982 -I sinned with the City of Brooklyn Center, Minnesota, Superior 77, Inc. has satisfactorily completed the following improvement in accordance with said contract: PARK SHELTER IMPROVEMENT PROJECT NO. 1982-17 (Improvement of shelter buildings in Grandview Park, Northport Park and Happy Hollow Park) 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. 2. The value of work performed is equal to the original contract amount of $26,914.00. 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 $26,914.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE OP.DER NO. 3 TO CONTRACT 1982 -M (PALMER LAKE BASIN IMPROVE?!ENT PROJE( NO. 1982 -25 WHEREAS, the City Council entered into Contract 1982 -M with Park Construction Company, for the construction of Improvement Project No. 1982 -25; and WHEREAS, the City Engineer has determined that certain modifications be made to the contract to facilitate the construction of the project, said modifications being as follows: Amount Reinstall 24 linear feet of salvaged corrugated metal pipe $ 196.80 Reinstall 2 salvaged corrugated metal flared end sections 40.00 Furnish and Install 2 corrugated metal flared end sections 7 104.00 Furnish and Install 4 cubic yards of Class "A" rip rap 100.00 Furnish and Install 2 cubic yards of Type I filter blanket 20.00 Furnish and Install Grout for rip rap - 2,624.00 TOTAL $3,084.80 WHEREAS, the Contractor, Park Construction Company, has agreed to the prices for the modifications as noted above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the above modifications to Improvement Project No.'1982 -25 are approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. There is appropriated the sum of $3,084.80 for the additional costs. 2. The appropriation will be financed by: Capital Projects Fund (Division 53) $3,084.80 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 E voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. F . CITY ` OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE - 5 4 61 �� a EMERGENCY— POLICE —FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public forks DATE: April 21, 1983 RE: Change Order No. 3 to Contract 1982 -M (Palmer Lake Basin Improvement Project No. 1982 -25) At your request, the City's consultant has negotiated with the construction contractor for the grouting of all rip rap placed under Palmer Lake Basin Improvement Project No. 1982 -25. Also included is the installation of necessary 12 inch corrugated metal culvert at various locations along the woodchip trail to insure proper drainage. It is recommended the City Council approve the attached change order at its April 25, 1983 meeting, thereby alto. <jing for the work, to be undertaken in conjunction with the project completion during the Spring of 1983. Respec ally submitted, SK:jn �lte �naacct'fc�yt� 71t a ^.e CO "41 CHANGE ORDER REQUEST CHANGE ORDER NO. 03 . CONTRACTOR: _ CONTRACT DATE: October 26, 1982 Park Construction Comp OWNER'S CONTRACT N0. 1982 -M 7900 Beech Street ORIGINAL CONTRACT Fridley, Minnesota 55432 AMOUNT $ 183,318.50 - 194,968.00 JOB: Palmer Lake Basin Site Improve OWNER : City of Brooklyn Center The cost of the following changes, deletions or additions to the above CONTRACT are hereby requested. AMOUNT OF DESCRIPTION OF THE CHANGES INCREASE - Re- install 2 sections salvage 12" CMP $ 196.80 (24 l.f. + @ $8.20 /i.f.) - Re- install 2 salvaged flared ends @ $20.00 each 40.00 - Install 2 additional 12" flared ends 104.00 @ $57.00 each - Class "A" rip rap for above pipes (4 cy. @ $25.00) 100.00 - Type I filter blanket (2 cy. @ $10.00) 20.00 - Grout all rip rap on entire job with concrete 2,624.00 above water line (L.S.) The amount of the contract shal 1 be ( INCREASED) (RKMAB)O $ 3,084.80 Prepared by: BRAUCR & ASSOCIATES, INC. CONTRACTOR APPROVAL: BY SARK CONSTRUCTION COMPANY DATE: 19 BY DATE 1 OWNER APPROVAL: CITY .OF BROOKLYN CENTER BY DATE B &A 44 -72 Member introduced the foll.owinq resolution and moved its adoption: RESOLUTION N0. - RESOLUTION ESTABLISHING PROJICP NO. 1983 -07 (CIVIC CENTER HVAC SYSTEM IMPROVEMENTS) AND APPROVING PURCHASE OF COILS FOR HEAT EXCHAIN GE SYSTEM WHEREAS, on March 28, 1983 the City Council adopted Resolution No. 83 -57 amending the 1983 General Fund Budget to provide funding for improvements to the Heating, Ventilating and Air. Conditioning (HVAC) system for the Civic Center at an estimated total cost of $28,000; and WHEREAS, on March 28, 1983 the City Council also adopted Resolution No. 83 -58 providing for the hiring of a consulting engineer to design the HVAC system improvements; and WHEREAS, Minnesota Statutes 1982 Section 471.345 has been amended by the adoption of H.F. 68 (S.F.56) Laws 1983 to provide that for contracts from $10,000 to $15,000 the contract may be made by obtaining two or more quotations; and WHEREAS, the following quotations for the furnishing of coils for installation (by others) into the HVAC system have been obtained by the Director of Public Works in accordance with specifications developed by the consulting engineer: Supplier Quotation Carrier Corporation No Bid* Minneapolis, p r 'KN Gryphon Engineer, Inc. $11,616.00 St. Paul, MN The Trane Company $11,965.00 Minneapolis, MN *Note: Carrier Company representative advised they would not furnish coils meeting specifications unless furnished as part of a complete system. AND, WHEREAS, the consulting engineer has advised the Director of Public Works that the bid submitted by Gryphon Engineering, Inc. does not meet the technical provisions of the specifications and recommends award of the contract to The Trane Company as being the only bid which complies with the specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The project will be designated as Project No. 1983 -07. t 2. The accounting for this project will be done in the General Fund. 3. The bid of The Trane Company in the amount of $11,965.00 is hereby t accepted. 4. All other bids are hereby rejected. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY R 0, 1 wK - 14, v Y N, BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY— POLICE —FIRE R 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 22, 1983 RE: Bids Received For Coils For Heat Exchange System Civic Center HVAC System Improvements In accordance with City Council approval on March 28, 1983 our consulting engineer (George Broadston of Oftedal, Locke and Broadston, Inc.) prepared specifications for the purchase of new coils as needed for the proposed improvements to the HVAC system. Quotations were then solicited from 3 firms and the following responses were received. The Carrier Corporation called to advise that, while they can build coils meeting the specifications, it is company policy that they will not bid on projects where the specifications are this tight unless they can furnish the entire system (pumps, piping, etc.) - Gryphone Engineering, Inc. submitted a bid with three substantial deviations from the specifications, ie. 1. They did not submittechnical verification of coil performance. 2. They did not submit verification of coil coating application standards. 3. They propose to provide "special.tube circuiting" in lieu of the "turbulators" as specified. Accordingly, engineer Broadston recommends rejection of their bid. (He will submit a written recommendation before Monday's Council meeting.) The Trane Company submitted a bid meeting the specifications. It is noted that the use of informal bids (quotations) was used because this system substantially reduces the engineering and administrative costs involved in preparing formal plans and specifications and taking formal bids. A newly adopted law H.F. 68 (S.F. 56), Laws 19, allows use of this procedure for purchases up to $15,000. `7lce Sam€t'�iK ,-s fa ales 64y" April 22, 1983 memo to G.G. Splinter Page 2 I recommend that we follow the advice of our consultant and award the contract to The Trane Company. A resolution for that purpose is attached for consideration by the City Council. Respectfully submitted, SK:jn l / Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLR.CIiASE OT' 250 WATER P°ETEPS WHEREAS, the Public Utility Division needs to purchase 250 water meters to provide for new installations in new residences and to provide for replacement of worn -out meters; and WHEREAS, the following quotations have been received from suppliers: Brand Name 14o d e 1 Price Suppliers of' Meter Number Per Meter Badger Meter Company Badger 15 $ 26.50 - Milwaukee, Wisconsin Badger 25 30.26 Power Process Inc. Hersey 430 38.67 Eden Prairie, Minnesota Davies Company Neptune 8 32.50 Brooklyn Center, Minnesota Neptune 10 26.80 Water Products Company Rockwell SR -SG 33.00 Eden Prairie, Minnesota AND, WHEREAS, the Director of Public Works and Public Utility Super- intendent have analyzed these various models, and have advised the City Council that the best interests of the City of Brooklyn Center will be served by purchasing Rockwell SR -SG meters: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center,Minnesota, that: 1. the bid submitted by Water Products Company of Eden Prairie, Minnesota to furnish Rockwell Model SR -SG meters at $33.00 per each is hereby accepted. 2. all other bids submitted are hereby rejected. 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 OF 6301 SHINGLE CREEK PARKWAY - nj i n, p BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE -FIRE . _,�._� , •.._�,. ��.�- u,�� :� 911 TO: Gerald G. Splinter, City r'anager FROIN: Sy Knapp, Director of Public Works DATE: April 21, 1983 RE: Purchase of Water Meters The Public Utility Division is requesting that the City purchase 250'new 5/8" x 3/4" water meters for use in residential units within the City. It is' estimated that this number will be needed within the next 2 years for the following purposes: - replacement of old, worn out meters - Installation of meters in new residential units. Because there is little standardization of water meters, it is very difficult to prepare specifications which assure competition on an "apples -to- apples" basis. Accordingly, we have asked for and recieved informal quotations from four separate suppliers (covering 6 modes of water meters) and have developed our analysis of the various motels for consideration by the City Council in awarding the contract. Pro _Ros Received: Brand Name Model Price Supp liers of Meter Num Per Me Badger Meter Company Badger 15 26.50 Milwaukee, Wisconsin Badger 25 30.26 Power Process Inc. Hersey 430 38.67 Eden Prairie, Minnesota Davies Company Neptune 8 32.50 Brooklyn Center Minnesota Neptune 10 26.80 Water Products Company Rockwell SR - 33.00 Eden Prairie, Minnesota "'71st a&lf1 /ft a4C ei,(v " April 21, 1983 memo to G.G. Splinter Page 2 Anajysis, During the period from 1975 through 1981 the City purchased nearly 5,000 of the Badger Model 15 meters. On the basis of our experience to -date it is evident that this meter has a short life expectancy. Also, because it is a small, low- capacity meter, we have experienced numerous "noisy meter" complaints during summer peak -use conditions. On this basis we recommend that we discontinue using this meter and consider one of the other 5 meters. To evaluate primary features and long -range costs, we have prepared the attached comparison sheet, on which we have tabulated the various charac- teristics of these meters and evaluated the costs for using each type of meter over a 30 year period. Recommendation It is our opinion that the quality of the Rockwell SR -SG meter; the fact that it meets A.W.W.A. specifications for water meters (which is the standard for our industry), the low upkeep cost of these meters and their exchange program make this meter the best value of the meters we have looked at and will best serve the interests of the City. Accordingly, I recommend that we purchase this type of meter. A resolution for this purpose is submitted for consideration by the City Council. Respectfully submitted, SK:jn CITY OF BRYN CENTER WATER METER COMPARISON APRIL, 1983 BADGER BADGER HERSHEY 1TEPTUNE NEPTUNE ROCKY- LL MO #15 MOD #25 MODE #43 11 MODEL #8 MODEL #10 SR -SG Yellow Yellow TYPE OF CASING Plastic Plastic Red Brass Brass B rass _ Red Br Flow Capacity: Rated /Maximu 15/ 25/35 20/39 20/35 20/35 20/34 Type of Chamber Disc Disc Disc Disc Disc Piston I Detac Reg ister Yes Yes Yes Yes Yes No (4) Conver For Remote Reading Yes Yes Yes Yes Yes No ( P l ow In Yes Yes No No yes Vo Is Screen Adeau No Yes Yes No Yes_ Yes C:liamber Size Small Large Large Large Med La- e _-Teets AWWA. Specs No (1) * No (2) * Ye No (3) * Ye Ye _ Badger Meter Company Power Process Davies Co. Davies Co. Water Products Sunplier Mi lwaukee, W Eden Prairie Br Cente Br. Center Ed Prairie Cost $26 1 $30.26 $38.67 $32.50 $26 $33.0 W eight of Salvagable Mat. None None 3 9/16 lbs 2 1 z lbs 2 5/16 lbs 34 lbs Salvage Value of Brass None None $1.78 $ .70 $ .6 $1.6 Estimated Life Expectancy: 10 yrs/ 15 yrs/ 25 yrs/ 20 yrs/ 15 yrs/ 25 yrs/ Chamber/Register 20 yrs 20 yrs 25 yrs 20 yrs 20 yrs 25 v Replacement Cost: $6.50/ $7.80/ Over new $9.50/ $8.50/ $10.00 Exchange Chamber. /Register $7.00 $7.00 meter price $12.00 $12.00 Rebuilt Me Cost to Keep Up Meter - - -" For 30 Years $43.00 (7) $41.56 (g ) $48.18 g $43.25 (10) $41.3 (11) $36. ( 12) Labor Hours Involved After Installation (over 30 yrs.) 3 hrs. 2 hrs. 1 hour 1 hrs. 2 hours 1 hour (1) Plastic housing and flow rate are not acceptable in A.W.W.A. spec. for 5/8" x 3/4" meter. (2) Plastic housing is not acceptable in A.W.W.A. spec. (3) Screen is difficult to remove; of poor quality material and small, which is not acceptable in A.W.W.A. spec. (IJOTF.S CONTINUIED ON NEXT PAGE) A WATER METER COMPARISON - APRIL 1983 Page 2 (4) The Rockwell SR -SG meter does not have a detachable register for easy exchange. However, the quality of this register and the fact that it is tamper resistant are two factors of this meter which turns this disadvantage into an advantage. (5) Although the Rockwell SR -SG meter does not convert into a remote reading unit, as do the remaining five meters, we currently do not have any remote reading units in our system. If we eventually convert to a remote reading system, we should ldok at all the latest technology available for water meters, which currently is getting into: plug in units that record the meter readings on a computer tape, a meter that transmits readings over a telephone line and a meter that transmits a signal. that can be picked up by a receiver in an autor,obile as it passes by the residence. The meters in our system should be expected to last an additional. ten to fifteen years. At this time, the high technology water meter should be perfected. The new remote or trans- mitting units will not convert to any of the reviewed meter bodies. With the success we have had with the once per year meter reading and the self reading cards, we may elect to continue using direct reading meters when our current meters need replacing. (6) The low flow indicator, which is not on the Rockwell SR -SG, is a nice feature. It shows the water consumer any leakage that may exist in his system by just looking at a small triangular dial. This can also be accomp- lished by watching the center dial, which is part of all the reviewed water_ meters, including the Rockwell SR -SG. Although it does take three minutes to illustrate to a home owner that he has a leaky water system, this is not a common problem. In the four to ten times questions arise during the year, the single dial is sufficient. (7) BADGER MODEL #15: 10 year life expectancy for chamber, 20 years for register $26.50 Initial cost 3.50 For 10 years of 20 year life expectancy on new register ($7.00 each x 10/20) 13.00 For two replacement chambers ($6.50 each x 2) $43.00 Total 30 year meter cost Plus 3 hours labor for chamber and register replacements (8) BADGER MODEL #25: 15 year life expectancy for chamber, 20 years for register- $30.26 Initial cost 3.50 For 10 years of 20 year life expectancy on new register ($7.00 each x 10/20) 7.80 For one replacement chamber ($7.80 x 1) $41.56 Total 30 year meter cost Plus 2 hours labor for chamber and register replacement, HATER METER COMPARISON - APRIL 1983 Page 3 (9) HERSHEY MODEL #430 25 year life expectancy for chamber and register. Parts for meter repair are greater than total meter cost, as per Power Process Company, so 5 year value of new meter with 25 year life expectancy was used for supplement on 30 year period. Scrap value of disposal of meter was also used. $38.67 Initial cost 7.73 5 year value of new meter with 25 year life expectancy ($38.67 x 5/25) -.1.78 Scrap brass credit $44.62 Total 30 year meter cost Plus l hour labor for meter replacement (10) NEPTUNE MODEL #8 : 20 year life expectancy on chamber and register. $32.50 Initial cost i 10.75 For 10 years of 20 year life expectancy on register and chamber ($9.50 each + $12.00 each $21.50 x 10/20) $43.25 Total 30 year meter cost Plus ll� hours laobr for part replacements (11) NEPTUNE MODEL #10 15 year life expectancy on chamber and 20 years on register $26.30 Initial cost 8.50 15 year replacement on chamber ($8.50 x 1) 6.00 For 10 years of 20 year life expectancy on register ($12.00 each x 10/20) I $41.30 Total 30 year meter cost Plus 2 hours labor for part replacements (12) ROCKWELL MODEL $430 20 year life expectancy on chamber and register $33.00 Initial cost 3.41 Meter exchange cost figuring 25 year life on meter and 20 year life on rebuilt unit ($9.15 each (.90 per year x 5 years) x 5/20 $36.41 Total 30 year meter cost Plus 1 hour labor for meter exchange Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION 1' 1983 GENERAL F13 BUDGET WHEREAS, funds were appropriated in the 1983 General Fund Budget to the Police Department Capital_ Outlay Account for the purchase of squad cars for the Police Department; and WHEREAS, the bid price received on the squad cars resulted in a substantial cost savings and was under the amount budgeted for the squad cars; and WHEREAS, the Police Department has determined that there is an immediate need for one additional computer terminal and printer in the Police Department; and WHEREAS, because of the substantial cost savings experienced when the Police Department squad cars were purchased, there are sufficient funds in the Capital Outlay Account of the Police Department Budget for the purchase'of the computer terminal and printer: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to amend the 1983 General Fund Budget as follows: 1. Decrease the Police Department Mobile Equipment Account No. 4553 by $4,600. 2. Transfer an appropriation of $4,600 from the Mobile Equipment Account No. 4553 to the Police Department Other Equipment Account No. 4552. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: April 21, 1983 SUBJECT: Request for Purchase of a Computer Terminal, Printer -port, Letter Quality Printer, and Hook -up to LOGIS for two Terminals for the Police Department The Police Department currently has two computer terminals in use by the management and clerical staff of the depart- ment. One terminal, with a brand name of DIRECT, is connected to the C computer (law enforcement) at LOGIS. This terminal is used by the clerical staff to input all statistical data generated by the department. The information entered into the terminal includes all calls for service, property and vehicles (stolen and recovered), all offenses, and names of individuals involved in any way (witnesses, perpetrators, victims). The other terminal is an HP 125 used for management functions. Although the HP 125 is not on direct line to LOGIS, it has storage capacity on floppy discs.. The Problem: The amount of computer data entering into the DIRECT terminal done by the clerical staff consumes most of the working eight hour shift. Problems arise when informa- tion is needed from the computer's memory. For example, if the terminal operator is inputting data, and an individual comes to the counter requesting information on a report, the operator is faced with a dilemma. The data that is in ,the process of being inputted must be cleared from the screen in order to conduct a search for the information requested. Once the search is complete and the operator wishes to return to the screen and finish inputting data, the operator finds the interruption caused the previously inputted data to be incomplete. The original report must be called up specially and pertinent information must be added to each file. The end result is a lag time in inputting data that eventually extends the input time considerably. Recommendation: The Police Department recommends purchasing a third terminal to be utilized by the dispatchers in the communications center. As a simple terminal, it would be connected to the C computer at LOGIS. This would provide a Memo to G. G. Splinter Paae 2 April 21, 1983 second location where report searches and inquiries could be conducted, eliminating the problem of having to wipe out a partially inputted report. The clerk could simply go to the communications center to run a search. Additionally, a third terminal would provide a mechanism for dispatchers to enter all Initial Complaint Reports (ICR's) during their tour of duty. Currently, this is being done by the clerical staff approximately 24 hours after the incident occurs. In 1982 there were 19,567 ICR's. It was thought that with the backlog of work, the clerical staff's hours would have to be extended to input all the information. With the third terminal and the assistance of the dispatchers in inputting ICR's, this problem would be alleviated. A final consideration for installing a third terminal7is the increased opportunity for the administrative staff to recover statistical data. At present, the administrative staff refrains from conducting extensive searches for data because there is not ample computer time available for them to do so. A second recommendation is to purchase a letter quality printer for the HP 125 terminal. This terminal has great potential as a management tool, but would be much more effective and output would be increased substantially if a letter quality printer were attached to the HP 125. A final recommendation is to connect the HP 125 to the C computer at LOGIS. This would provide additional opportunity for administrative staff to conduct special searches for data, particularly if the terminal in the communications center is occupied. Additionally, the HP 125 and the entire police computer system could be used as a back -up system for other City departments' activities. Financing: The type of terminal recommended for use in the communications center would be identical to the terminal currently in use by the clerical staff - -a DIRECT terminal with a printer -port (which allows a printer to be attached). The DIRECT terminal is available at a discounted price from LOGIS during the month of April, 1983. Normally, the DIRECT terminal costs $1,890 and the printer -port costs $250. LOGIS is discounting the DIRECT terminal at a cost of $1,607 and the printer -port at $213. The letter quality printer costs $2,550. The purchase of this equipment could be made at a cost not to exceed $4,600. Because the City received an exceptionally good bid on new cars in 1983, the Police Protection Unit of the budget has r Memo to G. G. Splinter Page 3 April 21, 1983 funds available that could be used for purchase of the above mentioned computer equipment. The department proposes transferring funds within the organizational unit of Police Protection, Unit No. 31, from Mobile Equipment account number 4553 to Other Equipment account number 4552. Keeping in mind the complexities of today's police work and the efforts by the Brooklyn Center Police Department in dealing with these complexities, I strongly urge approval of these recommendations. Yj Member introduced the following resolution and moved its adoption: RESOLUTION NO. R7;S0LUTI0N ACCEPTING QUOTATIONS AND AUTHORIZING PURCHASE OF STORAGE BU IIBINSS FOR CE,NTI PARK WHEREAS, the City Council of the City of Brooklyn Center, Minnesota has, by Resolution No. 81 -43, established a purchasing policy for the City; and WHEREAS, said policy requires that the purchase of items with an estimated cost of $5,000 but not more than $9,999 shall be awarded by the City Council upon receipt of two or more written quotations; and WHEREAS, the park bond improvements comprehend the construction of buildings in Central Park for storage; and WHEREAS, written s uotations for the construction of two storage buildings q g g have been received, said quotations as follows: Per Building Total Quote Balco Buildings Systems, Inc. $3,840 $7,680 Metro Metals, Inc. 2,960 5,920 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the low quote of Metro Metals, Inc. in the amount of $5,920 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into contract for the purchase of said buildings: BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the funds for the buildings will be obtained from the Central Park 3 bond proceeds. 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 OF BROOKLYN CENTER I N PARKS AND RECREATION 6301 Shingle Creek Parkway F. Brooklyn Center, Minnesota 55430 Telephone 561 -5448 a aouirw c +ta P p S 1h0 A G if ipV Ni E M 0 a TO G. G. Splinter, City Manager FROM Gene IIagel, Director of Parks and Recreat''�' , DATE April 21, 1983 � SUBJECT: Storage Buildings - Central Park Contained in the City Council agenda for April 25 is a resolution authorizing the purchase of two storage buildings for Central Park. We are recommending two buildings, size 8' X 8', one to be located near the softball diamonds, the other near the baseball diamond. These buildings are necessary for storage of material and supplies associated with the athletic programs - including marking lime, limers, wheelbarrows, rakes, shovels, batter's box, bases, etc. In the Fall, they will be used to store football gear. Our original plans called for only one such storage building, to be located near the baseball diamond. Storage for softball was to be contained in the large main building which we have since eliminated from our plans. The second storage building for softball supplies is substituting for the "main" building. The quoted price is to furnish and install on owner's concrete slab. The buildings will look similar to the one marked in the attached folder. I ivl';, It�C:. a k;IJ `fi 1!; 1 0 tJl_l.`JAt 13 + t r'l.S., 141[' -1. `)'.)llfi (612) Q.1 i ir. Ni.`ly i April 13, 1983 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, INUI Attn: Craig Hoffman We propose to furnish and ereci. an 8' x 8' x 8' high steel building on your foundation as follows- 1. Structural syster.: designed for 40 live load, 20* wind load. 2. Roof to be 26 ga, aluminum --zinc coated steel. 3. Walls to be 26 ga, colored steel. 4. One 3' 8 " x 7' 0 " hollow metal door with hardware. Total cost erected with union labor . . . . . . . . $3,840.00 Allow four weeks for completion. Sincerely, BALCO BUILDING SYSTEMS, INC. Thomas H. Amundson, Vice President THA /pp i y i r .., .� ^:a` r p �: a r vt t� �,.ra� ru•p.n F f k METRO METALS INC. 1 {{ A f 7 A4t)1 IISth Avanua North � Minneapolis, Minnesota 5>4Q3 44 s Phone: (till) 4242400 Attn: Craig Hoffman Proposal SuSrnitted Tn Job Name City of Brooklyn Center Park Buil Pa 1 Of 1 Street Job Location Date I 6301 Slii_mje Cr eek Par — _ Brooklyn C ente r 4 -07 -83 City -- Stale Zip Code —�— Plans &Specifications By Proposal No. _ B rookl yn Ce MN 55430 83 -040 Speclflcatians For and Description, Of ',"dock To Be Performed Furnish and install two (2) Armco TL -1 steel buildings 8' x 8' x 8' high on owners concrete foundation. Work includes: 1. tdalls to have two layers of 24 gage Steelox sculptured panels with twenty (20) year } paint 2. Door to be 3070 18 gage solid leaf steel with mortise lockset, ball bearing hinges and weatherstripping. 3. i.!eLro Metals, Inc. to furnish shop drawings. 4. For 3' -8" x 7' -0" door, add - $92.00 . For 6' - -8r' x 8' -0" building, deduct - $208.00 from base price... f CONTRACT DOCUMEEJTS _ Standard General Conditions, Articles I thrc 33. Coraract Amount Payment Tenns V Completion $2,868.00 each Net 30 clays 60 days ARO The cont aCt documents enunr,rrated above are made a part of this agreement. No materials, labor, services, taxes, ! Authorized $rgnatjtre Contractor permits bonds, or any work not described above or in the contract documents are included. Any preliminary J •� /I✓ V r .+F.� - ��__ dcav,ings, earlier propusais, or verbal statements that may have preceeded this agreement and are not specifically) 4- made,; trirt hereof a•c excluded. ( L.A. Studer ACCEPTANCE Proposal valid until _ Th,, aboto contract amcxrm, paYrnF'nt terms, spec ficat:ons & comntct documents are satisfactory and are hereby 5 -01-83 accepted_ Yau arc autho rized tq do the work in accordance with this agreement. uric of Owner �__ -- — Authorized Sign iture Owner i` Date of Acceptance A rnco Building �` ystC nis • Afomtxr of AfRtAl Iittildrnk Donlers .."wintion > r r"P � Puget 1 of 1 Small buildings with lots of Armco Q ualily built in . TEC- LINE two designs TEC -LINE 1 Buildings TEC -LINE offers a size and type for every small building need. Two distinctive appearances are possible with the single -slope roof design of TEC -LINE 9 and the gable roof design of _ TEC -LINE 2, Both offer maximum usable space and volume in a small building with a high degree of functional flexibility. Relocatable endwalls make expansion simple. �� I Wails and Roofs Armco STEELOX Wall Panels provide standard Sizes permanent, weatherfight covering and are Width _ Height len gth available in a wide '-4'• Increments of 16 ", except de range of Duranar 200 6' -8° 8',10' 9' -4 length not available. r COIOfS, a ,otective facto lied coating 8' -0" Maximum length de P ry - a pp g ends g p 12 0" that is warranted for 20 years against excessive on width h ht and wind fading and physical failure, and which keeps � load. Minimum Same as wiatn. Roof slopes 1 1f2" in the width of the building maintenance costs to a bare minimum, The interlocking sculptured STEELOX Panels are single pieces from base to eave or rake TEC -LINE 2 Buildings except at wall accessory openings, providing _ an attractive, unbroken wall from top to bottom. STEELOX Roof Panels are available in corrosion - resistant Armco ALUMINIZED STEEL �- Type 2, with a life span up to four times longer r i than that of conventional unpainted galvanized p steel. It is warranted for 20 years against excessive deterioration in normal atmospheric conditions, Doors windows, do s, Insulated wall liner � and erimeter utter - fascia trim are available p g a a able - to meet every design need. , %# 1 Standar S izes Nominal Width Height Length 12' 8', 10', 12' 12' plus increments of 4' } 16' 8', 10', 12', 14' 16' plus increments of 4' 20' 8', 10', 12', 14'. 20' plus increments of 4' 24' 10', 12', 14' 24' plus increments of 4' x :Z 28' 10', 12', 14' 28' plus increments of 4' 32 10', 12' ,_14' 32' plus inc o f 4' ' Roof slope: 1 in 36 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPP.ESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE MEMBERS OF THE BROOKLYN CENTER ELDERLY HOUSING PROJECT CONL WHEREAS, the Brooklyn Center Elderly Housing Project Committee was formed as a joint Committee of the Community Emergency Assistance Program (CEAP) and the Brooklyn Center Chamber of Commerce to address the issue of housing needs for elderly citizens; and WHEREAS, as a result of the Elderly Housing Project Committee's efforts, the City of Brooklyn has undertaken a housing development project to provide a variety of unique and desirable living accommodations for elderly citizens; and WHEREAS, the work of the Conunittee will create opportunities for elderly citizens to choose a form of living accommodation suitable to their needs and desires; and WHEREAS, by their efforts the Elderly Housing Project Committee has contributed substantially to the sound development of the City of Brooklyn Center; and WHEREAS, it is highly appropriate that the public service and achievements of the Elderly Housing Project Committee should be recognized and expressed: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following members of the Elderly Housing Project Committee are hereby commended for their efforts in creating unique and much needed housing opportunities in the City of Brooklyn Center: Dr. Duane Orn Mr. Phil Cohen Mr. John Kelly Mr. George Lucht Mr. Ralph McCartney. Mr. Earl Simons Ms. Janet Bush Ms. Phyllis Plummer Mr. Ed Eide Mr. Ray Adel Mr. Arnie Foslien Mr. Bill Pieper Mr. Jack Bell Ms. Madelin Roche Father Dan Lowry Mr. Frank Ketchmark. 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 OF 6301 SHINGLE CREEK PARKWAY T BROOKLYN CENTER MINNESOTA 55130 TELEPHONE 561 -5440 EMERGENCY -POLICE -FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 22, 1983 RE: Bids For Fine Aggregate For Seal Coat Following P is a comparison of the low bids received this year to those received last year and in 1981 for the same materials: Bid Item: FA -1 Sand Buckshot FA -2 Rock icked up picke up delivered I Low Bid 1983 $1.99 /ton $4.50 /ton $ 6.75 /ton Low Bid 1982 $2.25 /ton $4.95 /ton $10.19 /ton Low Bid 1981 $1.93 /ton $4.25 /ton $11.20 /ton I recommend award of the contract to the low bidder, Barton Sand and Gravel Company. Respectfully submitted, SK.jn Member introduced the fallowing resolutions and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS FOR FINE AGGREGATE FOR SEAL COAT WHEREAS, the City Clerk and Director of Public Works have reported that on April 21, 1983 at 2:00 P.M. they opened and tabulated bids received for the furnishing of fine aggregate for seal coat and that said bids were as follows: Bid Item: FA -1 Sand Buckshot FA -2 Rock picked up picked up delivered Bidder Estimated Quantity: 3000 tons 4000 tons 500 tons Barton Sand and Gravel Company $1.99 /ton $4.50 /ton $ 6.75 /ton J.L. Shiely Company $2.25 /ton $4.95 /ton $11.75 /ton TCI Trap Rock Inc. No Bid No Bid $10.98 /ton* * Bid from TCI Trap Rock Inc. is for Class FA -3 aggregate in lieu of Class FA -2 as specified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the bid of Barton Sand and Gravel Company for the furnishing of FA -1 sand (picked up), and buckshot (picked up) in accordance with the specifications is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. BE IT FURTHER RESOLVED that the bid of Barton Sand and Gravel Company for FA -2 rock (delivered) in accordance with the specifications is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. F - CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 j 7 1 1 `17 41 7? EMERGENCY— POLICE —FIRE F.� .. 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 22, 1983 RE: Bids For Plant -Mixed Bituminous Materials Following is a comparison of the low bids received this year to those received last year and in 1981 for the same materials: Bid Item: Coarse Aggregate Fine Aggregate Winter Patch Furn. & Load Fur & Load Mix Low Bid 1983 $17.75 /ton $18.90 /ton $23.95 /ton Low Bid 1982 $17.30 /ton $18.50 /tan $23.00 /ton Low Bid 1981 $18.80 /ton $21.70 /ton $25.00 /ton I recommend award of the contract to the low bidder, Bury and Carlson, Inc. i Respectfully submitted, SK:jn joie reMes r V ane 60 llombc.r introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCE BIDS FOR BITUMINOUS MATERIALS WHEREAS, the City Clerk and Director of Public Works have reported that on April 21, 1983, at 2:00 P.M. they opened and tabulated bids received for the furnishing of bituminous materials and said bids were as follows: Bid Item• CRS -1 or CRS -2 CRS -1 or CRS -2 delivered picked up Bidder Estimated Quantity: 90,000 gallons 10,000 gallons Richards Asphalt $ .6216 /gallon $ .5990 /gallon Koch Asphalt $ .6438 /gallon $ .6200 /gallon Northern States Asphalt Company $ .6590 /gallon $ .6000 /gallon NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the.City of Brooklyn Center, Minnesota that the bid of Richards Asphalt Company for furnishing CRS -1 and CRS -2 (delivered and picked up) bituminous materials in accordance with the specifications is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ;:. CITY OF 6301 SHINGLE CHEEK PARKWAY Z F BROOKLYN CENTER, MINNESOTA 55430 ..v. 0 n �� '' ILA �� TELEPHONE 561 -5440 EMERGENCY— POLICE -- FIRE 911 TO: Gerald G. Splinter, City t1anager FROP Sy Knapp, Director of Public Works DATE: April 22, 1983 RE: Bids For Bituminous faterials Following is a comparison of the low bids received this year to those received last year and in 1981 for the same materials: Bid Item: CRS -1 or CRS -2 CRS -1 or CRS -2 deliv picked up Low Bid 1983 $ .6216 /gallon $ .5990 /gallon Low Bid 1982 $ .4940 /gallon $ .4750 /gallon Low Bid 1981 $ .7550 /gallon $ .7400 /gallon I recommend award of the contract to the low bidder, Richards Asphalt Company, Inc. Respectfully submitted, SK:jn "'7le .�aattetic.4� �$�r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RE SOLUTION A B ID F PLANT -M BITUMINOUS MIXTURES WHEREAS, the City Clerk and Director of Public Works have reported that on April 21, 1983 at 2:00 P.M. they opened and tabulated bids received for the furnishing of plant - mixed bituminous mixtures and said bids were as follows: Bid Item: Coarse Aggregate Fine Aggregate Winter Patch Furn. & Load Furn. & Load Mix Bidder Est. Ouan.: 500 tons 700 tons 100 tons Bury & Carlson, Inc. $17.75 /ton $18.90 /ton $23.95/ton Commercial Asphalt Co. $17.90 /ton $19.00 /ton* No Bid C.S. McCrossan, Inc. $18.20 /ton $20.60 /ton $25.00 /ton Midwest Asphalt $19.40 /ton $19.95 /ton $25.50 /ton * Bid by Bury and Carlson Inc. for Fine Aggregate Mixture is for mixture with inch sized maximum aggregate in lieu of 3/8 inch maximum specified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the bid of Bury and Carlson, Inc. for furnishing all plant -mixed bituminous materials in accordance with the specifications is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. y.r CITY OE 6301 SHINGLE CREEK PARKWAY ` T BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE -FIRE � t N I ✓ 311 TO: Sy Knapp, Director of Public Works HUM: Jim Grube, Assistant City Engineer DATE: April 21, 1983 RE: Final Plat of Brookwood Residences Located Within Vacated T.H. 100 and Adjacent Properties (Planning Commission Application No. 83005) In conjunction with the development of the senior citizen housing project, the City is providing for the platting of the properties bounded by I -94, North Lilac Drive, Dupont Avenue, and Humboldt Avenue. Conditions placed upon the plat by the City Council at its March 14, 1983 meeting include: 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. Condominium association documents for Lots 2 and 3 are subject to review and approval by the City Attorney. 4. The Brooklyn Center Housing and Redevelopment Authority shall enter into a contract with the developer stipulating condominium form of ownership for Lots 2 and 3 prior to final plat approval. 5. Fremont Avenue North right -of -way shall be legally vacated by the City prior to final plat approval. 6. The preliminary plat shall be modified to indicate appropriate utility easements in accordance with the City's site utility plan prior to final plat approval. 7. Building permits shall not be issued until the final plat has been filed . at the County. The plat is in order, meeting conditions 1, 2 and 6. The Brooklyn Center Housing and Redevelopment authority has authorized execution of the development contract with the developer as required by condition 4. Fremont Avenue North will be vacated, via Ordinance, at the City Council's April 25, 1933, meeting, thereby meeting the requirements of condition 5. "7 . :se1ll�srt ?o�c'eaze ?it�y 4/21/33 it erno to S. Knapp Page 2 To date, the condominium association documents necessary for the development of Lots 2 and 3 have not been submitted for review and approval by the City Attorney. It is recommended the City Council waive these conditions (3 and 4) for plat approval since this is a responsibility of the Brutger Company. In so doing, the City will deliver the platted parcels in accordance with the contractural agreement with Brutger yet retain control over the orderly develop - ment of the site by requiring administrative review and approval of necessary documents prior to issuance of building permits. JNG: jn :,u :� # b: «.' X ". '.('tif t p '% . G i1 :«.m,.✓ v i.oJ' .4 J i ,n�f T � _ Chd n3 fli9 NB` 9 /6 i C•ft7, ` f d 0 t•l as .. �. ?7J 79 i r/ / ( I: I d•4 3033" / 41? 1, , j j •.10' tJ e iNor:h /.nr al av /./ IP 21 �. O ,t< �q' // Q •j <�. a , � � ~�� - 3 / /�` � pra-.,v efu/.L!y ,:orrmv /•� �`� / r �) t /. N tL / V '�,V fBZ �' / /S. ° '• / l � ij� 5� �nr•: r• , i:r.ir f' A .. r v,.. 4 c_�nvJ t ta r- . M�1.' • _ ` 1 �'\ 4 R �. r. r , M /r DI / .,1 L t- rr.� r�r 1_,V�rf,_ 1��... O: • � h \ 7 0� C / � 1 `�' a� 4 O h 1oti �� !.� 6ti• ov i �- Lx (� / � , . i co X 1, ,1 / `�• ,t•09`s /3,�'1_Y _ � �l A l � c`• � Ott . ,;,, � "�\ t �SA` X 11 �1 .♦ a / ��C1 r � ." r � I c'F '� � e_ C ✓I o`�b t iu'.;yj °n � � { - 1 Df 100 too �' -• a �/ C! �� SCALE IN FEET F- c , ( �,+ O DENOTE', MONUMENT __ j Vt ..ARINrS SHOWN A4E ASSUMED �; r CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of April., 1981 at 8:00 P.M. at the City Hall, 6301 Shingle Creek. Parkway, to consider an amendment to the Zoning Ordi.nance by classi- fyi.ng certain land as being within the C]. Zoning District ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF FREMONT AVENUE NORTH FROM NORTH LILAC DRIVE TO U.S. HIGH NO. 94 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That uortion o Fremo Avenue North boun on the south b y the no r i g ht -of -w line of North Lil Drive, on the north by the southerl rig line of _U nited Sta _H ighway No. 94, as now located and established by H County Document No. 4562310, on the west by Lots 1.0, 11, an 12 of Guil ford Outlets, and on the east by Lots 5, 6, and 7.of Guilford Outlets is hereby vacated as a public stree Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) LeFevere Lefler Kennedy O'Brien & Drava A Professional Dissociation 2000 First Bank Place West April 25, 1.9 8 3 Minneapolis Minnesota 55402 Telephone 612 - 333 -0543 Mr. James Grube Clayton L. LeFevere City of Brooklyn Center Herbert s Lefler 6301. Shingle Creek Parkway J. Dennis O'Brien g Y John E. Drawz Brooklyn Center, MN 55430 David J. Kennedy John B. Dean Glenn E. Purdue Re: Brookwood Residences Plat (Proposed) Richard J. Schieffer Charles L. LeFevere Dear Jim: Herbert P. Lefler III Jeffrey J. Strand Mary J. Biorklund At your request I am writing to outline the three John G.Kressel points which we discussed last Thursday and Friday with Dayle Nolan Cindy L. Lavorato reference to the proposed plat of Brookwood Residences, Michael A. Nash which was delivered to us for review on about April Luke R. Komarek 15th. Joan N. Ericksen Elizabeth D. Moran Brian F. Rice 1 The legals for the lots which abut Freemont Lorraine S. Clugg James J. Thomson, Jr. should be revised to remove the reference to vacated Freemont Avenue. The reference to the land in vacated Freemont Avenue should be "free standing." We indicated that it could be properly placed immediately before the last paragraph. 2. Because part of Freemont Avenue abuts. Torrens property, it will be necessary to obtain a judicial order annexing the land in vacated Freemont to the abutting Torrens tract. This action can be completed fairly quickly. (Richard Edblom, the Examiner of Titles, indicated that it could be completed in approximately two weeks.) 3. We recommend that the Council proceed as planned and adopt the street vacation ordinance ` and approve the plat. The vacation ordinance should not be effective until April 27, 1983, A 't so that our Quick Take on Parcel 10 will be °" in place. 1 Mr. James Grube Page Two April 25, 1983 I would then suggest that the lat be forwarded ed to this office. we will then have Minnesota Title file the plat. This can be accomplished as early as April 27th with respect to all offices except Torrens. If you have any questions, please advise. Respect ully yours, J hn B. Dean JBD:lr r . S 4 - 1 F Me � 'ti I >!. M :•/ = / t l l �/ :)// ter / .��� te \ �' `,�,`�, 1 1 � re ` / _` 3 J / � J � _ _ - _ \ tf = `.• � 't ft ,� ' � � ^ � V Ci u - 131% co 4.71 CITY 01" hl',00KLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of April, 19, at _ ` � >.m. at the Ci.t - y hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. ORDINANCE: NO. AN ORDINANCE AMENDING CIAPTER 35 REGARDING THE ZONING CLASS.T_ OF C ER'l'AIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -11.20 of the City Ordinances is hereby amended in the following manner: Section 35- 11 MULTIPLE FAMILY RESIDENCE DISTRICT (R3) The following properties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: ['That area hounded by the follc7aing: the southerly right -of -way line of Interstate Highway No. 94 on the north and east; Lilac Drive on the east and south; the easterly right -of -way line of State Highway No. 100 on the west.) Lot 3, Block 1, Brookwood Residences. Section 2. Secticn 35 -1150 of the City Ordinances is hereby amended in the following manner: S ection 35 -1150 MULTIPLE F;)'MILY RESIDENCE DISTRICT (R6) The following properties are hereby established as being within the R6 Multiple Family Residence District zoning classification: Lots 1 and 2, Block 1, Brookwood Residences. Section 3. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication 0 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). CITY OF IQ, )C KLYN C1, ;NTER Notice is hereby given that a public Yicaring will be held on the 25th day of �y 19_ at _ n P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Drainage and Utility Easements Along The Easterly Arid Westerly Lot L.i.nes Of Lot 5, Block 1, EAR.LE BROWN FIRST ADDITION. ORDINANCE NO. AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS ALONG TIME EASTERLY AND WESTERLY LOT LINES OF LOT 5, BLOCK 1, EARLE BROW FIRST ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The 10 fo drain and utility easement lying parallel with and easterly of the west line of I,ot 5, Block 1, Earle Brown First Addition comme at a point on said west lin 10 f ee t s outh of the north line of said Lo 5, Block 1, thence southerly to a point on said west line 5 feet north of the so uth line of said Lot 5, Bloc 1, together with a 5 fo drainage and utility easement ly with and west of the easterly line of said Lot 5, Block 1, E Brown First Addi commencing at a point on said easterly line 10 feet souther of the north line of said Lot 5, Bloc 1, thence southeasterly to a line located 5 feet north of and parallel with the south line of said Lot 5, Block 1, are hereby vacated Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date v1 • EMILE SP, OWN N 1 ST , r° IN 00 66TH AVENUE N. t65 /O el 1. _. 9/ 800 - y 00 M & C No. 83 -3 % ri April 22, 1983 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Review of Brooklyn Center Water Rescue Capacity To the Honorable Mayor and City Council: In reviewing all aspects of water rescue capability available to the City of Brooklyn Center during the last month or so, I have found involvement of multiple agencies with different types of expertise and a great deal of cooperation from various agencies and people involved. Attached please find a copy of a letter sent to me by Dr. Lilja from North Memorial and Hennepin County Medical Center. Hennepin County and North Memorial personnel, especially Dr. Lilja, were most helpful to me in formulating this report. Before reading this report further I would recommend you read Dr. Lilja's letter first, as it is valuable as background information. - With regard to the details of the drowning of Shawna LaClare, I can.confirm the following. The drowning occurred on March 11, 1983 and the first call received by the dispather was at 11 :44 a.m. from Karen Smith, 6264 Brooklyn Drive. The drowning occurred on Shingle Creek approximately 200 feet south of the foot bridge off 63rd' Avenue. The body was recovered approximately 20 feet from the west bank. Weather conditions were partly cloudy and the temperature was 48 F. with the current in the creek at about three to four miles per hour. The current flow of the creek was greater toward the bottom than it was toward the surface and the current location within the creek banks was along the eastern half of the creek. Police units were first on the scene followed by Brooklyn Center Fire Department personnel and subsequently by Brooklyn Park Fire Department, North Memorial and Hennepin County diving personnel. The Brooklyn Center Fire Department personnel first attempted to place a ladder on the ice and attempt to rescue in this manner however, because of lack of visibility and breaking ice, this attempt was ineffective. Following immediately a fire fighter dove into the water with a rope attached also in an attempt to locate the victim and was also unable to make contact. A second Brooklyn Center fire fighter brought his personal diving suit from home and made repeated attempts in the are where here th e victim had originally been noted e as going under. Attempting to make contact by diving was unsuccessful. Also during these diving attempts, Brooklyn Center and Brooklyn Park rescue boats were placed in the creek and dragging operations were attempted and they also failed to make contact with the victim. The Brooklyn Center and Brooklyn Park fire departments stopped dragging operations when the Hennepin County Sheriff's underwater diving team arrived and they commenced recovery operations by working two diving teams of two divers each. One team starting just upstream from where the victim was last sighted and another about 100 feet downstream from the site where the victim was last sighted. A rope was stretched across the creek for each diving team and they commenced walking back and forth across the stream hand feeling for the victim as visibility once under the water was a foot or less. The body was recovered at 1:42 P.M. (1342 police time) by Hennepin County Diver Craig Karnitz close to the area where the victim was last seen. The victim had been in the water for approximately, l hour and 58 minutes and upon retreival CPR was administered by North Memorial Ambulance Paramedics and the victim was driven to North Memorial Hospital where re- warming and reviving efforts continued for several hours. At about 8:30 p.m. the victim died. -2- Below is a table indicating times of notification and arrival. Also attached is a memo from Mr. Knapp indicating the depth of Shingle Creek through Central Park. This depth survey was conducted by Mr. Knapp and myself within a small fishing boat. We found no portion of the Creek to be deeper than 7.8 feet. The original design of the Creek called for the depths of 6 to 7 feet. DISPATCH AND ARRIVAL TIMES - DROWNING MARCH 11, 1983 TIME TIME TIME NAME & AGENCY DISPATCHED ARRIVED CLEAR Officer David Shull, BCPD 1144 1147 1355 Officer LeRoy Christenson, BCPD 1144 1147 1355 Officer Richard Handy, BCPD 1144 1203 1328 Rescue 5 Rescue Pumper), BCFD 1150 1153 1353 Rescue 7 (Rescue Van), BCFD 1156 N/A 1353 Boat 1 (Rescue Boat), BDFD 1156 N/A 1353 Engine 2 (Attack Pumper), BCFD 1202 1206 1357 Rescue Boat - Brooklyn Park Fire Dept. 1206 Hennepin County Sheriff's Dept. 1212 IN- SERVICE ON- SCENE Rescue Van, Hennepin County 12:31 12:50 Carig Karnitz, Hennepin County Diver & BC Firefighter 12:39 12:59 Dive Truck, Hennepin County 12 :47 13 :07 Time Body Recovered: 1342 After reviewing the rescue capacity of various agencies making these services avail- able to Brooklyn Center I am prepared to make the following recommendations to the Brooklyn Center City Council. The first set of recommendations are the short term actions, the second set involve more long term efforts. First for the short term recommendations I offer the following: 1. Expand the education programs currently ongoing in schools by our police and fire departments to include aspects of water safety relating to how to prevent an instance similar to the one which occurred on March 11. This process is already ongoing in both departments will be implemented this fall in the various elementary schools. We will also be using the City Manager's News Letter and Recreation brochure to put special annoucements warning of water safety concerns with hope to develop a further awareness of the need to be safe around various bodies of water located in Brooklyn Center. 2. Develop a signing system at key points along Shingle.Creek as it passes through Brooklyn Center. Shingle Creek has, along its length, various types of bodies of water some very shallow, some deeper, some muck filled and various combinations. With i -3- the trail running adjacent and park facilities being developed along its length we would hope to have a sign system which would at least remind and make people aware of the need for water safety and hopefully serve as a constant reminder of the need for safety near and on waters. The cost of this sign system could be anywhere from $2,000 $8,000. This depends on the number of signs needed' and the type of construction used for these signs I have been advised by signing personnel that the simple metal post with a sign on it will not work very effectively as this type of sign is easily vandalized in peaty and mucky soil areas. Generally they do not get the notice a more substantial perhaps larger type sign would receive. We have anticipated some signing of park regulations, along our Shingle Creek trailway system and we're hopeful we can work in the.water safety concerns on this sign system. It can be financed , directly out of the park bond issue funds. However, because the signs will be larger there will be some additional cost beyond what we originally anticipated. I would anticipate it would take us at least through the summer to acquire, construct and place these signs. 3. I recommend the City Council authorize the purchase, from the contingency fund, of a sophisticated sonar unit for the existing fire rescue equipment. The cost of this unit would be approxi- mately $1,700. In working with Hennepin County personnel and others involved with water rescue it seems very evident this type of equipment can be very effective in locating drowning victims even in depths as shallow as Shingle Creek. 4. Also from the contingency fund, authorize the City Manager to purchase one suit of diving equipment if he can determine, in working further with Hennepin County personnel and other rescue personnel, that the response time of divers or at least one diver to a drowning site can be improved. The estimated cost of this equipment would be approximately $2,500. 5. Work with North Memorial and other medical personnel and review with them any medical information which will assist us witfa any.t of our rescue efforts be they water, chemical, fire; etc.'-." Th 1 sa'.'. process is already ongoing as our departments have met with North'` Memorial personnel and will continue to work with them.` 1 The following actions are recommended for long term activities::.fi , 1. Work with Hennepin County, North Memorial and other communities to expand and coordinate emergency rescue services.to.improve water rescue response and capability. 2. Develop an ongoing system of communication which will keep our municipal emergency rescue services abreast with the current medical and other technical knowledge which can effect the delivery of these emergency services. -4- 3. Develop an emergency communications procedure and/or systems which will give the police and fire personnel at the scene of an emergency ready access to medical and other technical infor- mation they may need to make operational field decisions. 4. As a part of next years budget analyze the need for replacing and upgrading the fire departments rescue boat (current estimated cost approximately $15,000) Respectfully submitted, Geral -G`. Splinter City Mara er CITY OF BROOKLYN CENTER CITY r OF 6301 SHINGLE CREEK PARKWAY ,a < u", BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 E N T"R EMERGENCY- -POLICE —FIRE 911 TO: Gerald G. Splinter, City Manager I FROM: Sy Knapp, Director of Public Works DATE: April 21, 1983 RE: Water Depths in Shingle Creek Through Central Park Area Following is a summary of the water depths we measured in Shingle Creek today. Depths were measured with a fiberglass survey rod with a square plate attached to its base. At each "station we measured the depth at several points and the depth record p re o ed represents the deepest depth found at that crass - section. The survey started at the North edge of Central Park (I- 94/694 right -of -way line) and proceeded Southerly to the South edge of Garden City Park. To establish a system for recording locations, a "base line" of lath stakes were present along the Westerly shoreline of the creek at 100 foot intervals. (Each "station" represents 100 feet. "12 +50" means "12 stations plus 50 feet" = 1250 feet from the starting point.) Station Maximu Depth Comments 0+00 3.4' North edge of Central Park 1 +00 4.5' 1 +40 4.0' Northerly pedestrian bridge 2 +00 4.0' 3 +00 4.7' 4 +00 5.0 5 +00 5.3' 6 +00 5.4' 7 +00 5.5' 8 +00 5.5' 9 +00 5.0' 9 +50 6.0' 10 +00 5.2' 10 +50 6.0' 11 +00 5.5 11 +50 4.5' 12 +00 4.7' 13 +00 5.0' 13 +50 4.3' 14 +00 5.2' 14+50 4.7' 15 +00 6.5' Deepest p oint is 10' from East bank I 15 +40 7.8' Center bridge in Central Park (63rd Avenue extended) Deepest point is 20' from East bank " ''lct �os�ce �f1 a7e �� " April 21, 1933 merrio - G.G Splinter Page 2 Station Maximum Depth Comments �6 +00 6.0' _ 16 +50 7.0' 17 +00 5.0 17 +50 5.7' 18 +00 6.5' 18 +50 6.5' 19 +00 7.8' Approximate area in which drowning victim was found on March 11, 1983 19 +50 7.7' 20 +00 7.2' 20 +50 7.0' 21 +00 5.7' 21 +50 6.2' 22 +00 6.0' 22 +50 5.5' 23 +00 5.2' 23 +50 5.4' 24 +00 5.6' 24 +50 6.1 25 +00 6.6' . 25+50 5.7' 26 +00 4.0' N.E. corner of Hockey rink and junction of 2 branches of creek 26 +50 4.4' 27 +00 4.5' 27 +50 5.5' 28 +00 5.0' 29 +00 4.5' 29 +60 3.6' Southerly bridge 30 +50 4.7' Creek between Garden City Park and Little League Park A check by our survey crew today shows that the water level in the creek is 839.4. While no reading was taken on the day of the drowning, it is estimated that the water level at that time was approximately the same as it is today, so that the depths measured are very similar to those which existed at that time. Respectfully submitted, SK: jn R North `k Memorial fOtledical y ' Center 3300 Oakdale North Robbinsdale, Minnesota 55422 April 20, 1983 612/520 -5200 Gerald G. Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: This is in regard to the meeting which we had on April 5, 1983, regarding a treatment for victims of drowning. As we di.scu.ssed, because of some very recent advances in emergency medical resuscitation - techniques, it appears that in certain selected instances, individuals may survive after prolonged periods of submersion. The chances of recovery appear better if the temper - ature of the water in which the person has drowned is very cold, and also if the person is young. Unfortunately, from a medical standpoint, we do not yet know which individuals may benefit from advanced resuscitation techniques after prolonged periods of submersion. At times individuals have been recovered very quickly - within a matter of minutes - and still end up dying. Currently, the • World Medical Literature reports one patient who survived after approximately 50 minutes of being under the water. With this recent advancement and poten- tial for victims of cold water drowning, we obviously must pay attention to means of the recovery of these victims. As we discussed, I was one of the physicians attending the young girl who drowned in Shingle Creek on March 11, 1983. I believe that all individuals concerned in this case did an excellent job in terms of instituting appropriate life saving and emergency care proce- dures. In fact, the response of individuals concerned was extremely rapid, and probably much better than in almost any area of the country. I believe an outstanding factor was that individuals realized m t hat there was a chance for recovery because of the cold water, and because appropriate search and rescue teams were begun. In many places in the United States there would not even be a thought given to trying to recover a victim from cold water drowning for per longer an survive P c 9 because it is not widely appreciated that victims iods of time in certain situations. It may be possible, however, in the future to do an even better job. This might be accomplished by devising some means in our region for trying to, as quickly as possible, recover individuals who drown. it is my feeling that in many instances this can only be done by utilizing a trained diving team. It is also very apparent from talking with the people involved in such rescue operations that any such group of divers must have a great deal of expertise and be familiar with not only recovery techniques, but the numer- . i ous hazards which they as individuals face in many difficult situations. We are very fortunate locally in having several diving teams already in exi.stance, which in the past, have been utilized for the recovery of bodies and other ob- jects. These are the diving teams of the Minneapolis Police Department and the April 20, 1983 ` Gerald G. Splinter i tv Page Two Hennepin County Sheriff's Emergency Squad. I believe that there is a great interest on a number of people's part, in improving the effectiveness of these currently available underwater teams and making it possible for them to respond in an increasingly efficient manner. I have discussed this with other individuals involved with emergency medical services within Hennepin County. They believe that a multifaceted approach of making sure that all the appropriate individuals are aware of the possibility of the long term survival for cold water drowning should be instituted. We will begin making sure that this information is disseminated in the current training programs that we have for the members of fire and police departments within the area. In addition, the emergency medical services council has begun initiating pro - tocols for the rapid notification of appropriate experts in the field of cold water drowning rescue and resuscitation. We believe that over the next sev- eral months we will be able to develop a more comprehensive plan to quickly and efficiently mobilize the various resources which are currently available within the entire area. We also believe that a multi - community coordinated effort will, in the long run, prove most fruitful in this area because these incidences do not occur very frequently. Having a limited number of experts available to serve the entire region would appear to be most cost - effective, both in terms of training time, and in terms of other n.eeds,'such as equip - ment. I will certainly endeavor to keep you informed of the efforts that we will be making and completing in this area. If I can be of any service to you, or if you have any further questions, please do not hesitate to contact me. Sincerel n �r G. Patrick Li1ja, MD, FACEP Director Department of Emergency Miedicine North Memorial Medical Center Associate Physician Department of Emergency Medicine Hennepin County Medical Center BICYCLES FOP. AUCTION NIIM DESCRIPTION CASE NO. 301 ^ � 20" green girls All Pro bicycle 82- 03521 302 20" blue Sears boys bicycle 82- 03751. 303 20" pink and white Huffy bicycle 82 -03751 304 20" red girls All Pro bicycle 82 -04099 305 26 "/20" red Columbia bicycle for two 82 -04693 306 Beige Montgomery Wards bicycle - no wheels 82 -05235 307 26" red boys All Pro bicycle 82 -06278 308 27" yellow boys bicycle 82 -06428 309 27" blue boys Schwinn bicycle 82 -06562 310 20" blue boys Schwinn bicycle 82- 08542 311 26" red /brown girls AMF bicycle 82 -08557 312 27" breen /blue boys bicycle 82 -08831 313 22" red boys bicycle 82 -10616 314 26" green girls All Pro bicycle 82 -10970 315 26" silver Murray bicycle 82 -10971 316 20" black boys Murray bicycle 82 -11519 317 27" green boys Sekine bicycle 82 -11519 318 27" blue Huffy bicycle± 82 -12262 319 20" blue boys Schwinn bicycle 82 -12305 320 26" blue girls Rocket - Monark bicycle 82- 12355 321 26" blue Skyway Bridgestone bicycle 82 -12694 322 27" red boys bicycle 82 -12827 323 27" silver boys bicycle 82- 12827 324 frame only blue Chimo bicycle 82 -13118 325 27" blue boys Schwinn bicycle 82- 13357 326 26" cream boys Columbia bicycle 82 -13442 327 26" brown boys Keno bicycle 82 -13444 328 26" green boys Hosteler_ bicycle 82 -13467 329 20" blue boys bicycle 82 -13532 330 20" black boys bicycle 82 -13587 331 26" white Columbia bicycle 82- 14452 332 White Vista bicycle 82 -14950 333 26" red Columbia bicvcle 82 -15053 334 26" red bicycle 82 -15146 335 26" blue Huffy girls bicycle 82 -15231 336 20" yellow and black boys Huffy bicycle. 82 -16164 337 26" silver boys Huffy bicycle 82 -16215 338 26" blue AMF bicycle 82 -16528 339 26" yellow Peugeot bicycle 82 -16886 340 20" red boys MCL Coleshill bicycle 82 -17634 341 26" silver boys bicycle 82 -18241 342 20 "/24" yellow Murray bicycle 82 -18270 343 26" blue boys Chaparral bicycle 82 -19031 FOR AUCTION NUM DESC CAST, N O. 344 Monit ta.ch 81 -18742 345 pair Holiday binoculars 81 -18742 346 spoke wheels 81 -18742 347 2 tires and chrome wheels 81- 18742 348 fire extinguisher 81 -18742 349 fire extinguisher 81 -18742 350 top rack for camper 81 -18742 351 top rack for camper 81- 18742 352 battery 81 -18742 353 battery 81 -18742 354 battery 81 -18742 355 mans suit 38R 79 -18516 356 necklace 79 -18516 357 snowsuit 79 -18516 358 snowsuit 79 =18516 359 mens shoes 79 -18516 360 socks 79- 18516 361 card container 79- 18516 362 gray hat 79 -18516 363 burgundy hat 79- 18516 364 sweater 79- 18516 365 sweater 79 -18516 366 sweater 79 -18516 367 blouse 79 -18516 368 scarf 79 -18516 369 wig 79 -18516 370 ladies slacks 79 -18516 371 ladies slacks 79 -18516 372 ladies slacks 79- 18516 373 maternity slacks 79 -18516 374 mens jeans 79 -18516 375 mens slacks 79 -18516 376 mens slacks 79 -18516 377 mens slacks 79 -18516 378 sasson jeans 82 -07218 379 purple slacks 82 -07218 380 purple and white top 82- 07218 381 Snowblower 82 -14442 382 wheel barrow 82 -03502 383 battery 82 -03502 384 outboard motor 82- 14442 385 outboard motor 82 -10440 386 vacuum cleaner 82 -08860 387 388 wheelbarrow 81- 09307 389 AR78 -13 Ropadhandler tire and wheel 81 -07025 390 Playmate cooler 82 -09080 391 4 spoked hubcaps 81 -01327 392 tan jacket 81 -12775 393 Playmate cooler 82 -07872 394 .hubcap 81 -08769 395 2 lawn sprinklers 81 -11031 396 buck knife unknown 397 Oscar cooler 82 -09081 398 mirror 81 -06758 399 crow bar 81 -03408 400 crow bar 81 -03408 401 black canvas purse 81 -07538 402 Oscar cooler 82 -15855 403 brown household f=ile box unknown 404 2 gal. Prestone anti- freeze 80- 18368 405 1 gal windshield washer_ solution 80- 18368 406 flashlight 80- 1.3043 407 shirt 78- 10475 408 tennis shoes 78 -10475 409 bicycle wheel 78 -11530 410 Craig 8 -track tape player 75 -13962 411 power booster 80 -05296 412 Midland 40 channel CB w /mike 80 -08459 413 black slacks 79 -02923 414 white slacks 79 -02923 415 It blue slacks 79 -02923 416 jeans 79- 02923 417 brown tape case w /tapes 80 -05296 418 pair speakers 80 -05050 419 Kraco cassette player and pr speakers 80 -19591 420 black canvas purse 80 -13788 421 hub cap 80 -13620 422 crow bar 80 -13620 423 tape measure 80- 122.66 424 Toro hose reel 82 -14442 425 flashlight 80 -06964 426 pruner 81 -09844 427 Colecovision 82 -14442 428 extension cord reel 82- 144442 429 spotlight 81 -16945 430 necklace 82 -03380 431 tape case w /tapes 81 -09534 432 Dyno mike 82 -15908 433 tape case w /tapes 81- 05131 434 cassette player 81 -05136 435 tape player 81 -05136 436 tape player 81 -05136 437 tape player 81 -05136 438 extension cord 81 -05136 439 2 speakers 81 -05136 440 tape player 81 -17734 441 TV set 82 -11651 442 TV set 82 -11651 443 VCR 81 -17734 444 TV set 81- 02727 445 tackle box w /tackle 80 -00297 446 tackle box w /tackle 80 -00297 447 antennas 82- 15954 448 stereo components 81 -02727 449 TV set 81- 02727 450 8 -track tapes 82 -15954 451 CB 82 -13897 452 t=ape player 80 -17663 453 stereo c=assette tape deck 81 -02727 454 Electrical tester 82 -14442 455 1.978 Pontiac Sunbir.d 82 -05781 TOOLS floor jack 80 -19102 hammer and pliers 80 -04492 wrench 81 -14390 screwdriver 79 -06856 wire cutter 80- 0471.5 screwdriver 80 -02881 3/8° Craftsman saw (for janitorial staff) 82 -14442 asstd tools, extension cord, etc. 82 -03380 pliers and screwdriver 81 -08389 9 tool boxes with asstd tools (2 for janitorial) 82- 03380 pliers 79 -11784 MISCELLANEOUS FOR AUCTION ASSEST NO., DESCRIPTION None Bumper Pool Table None Bumper Pool. Table None Foosball Table None Foosball Table None Foosball Table None Foosball Table None Bumper Pool Table None Chair None Chair None Chair 1078 Chair 1096 Chair 1086 Swivel Chair None Chair None Chair None Chair 1108 Ping Pong Table None Ping Pong Table None Ping Pong Table None Chair None, Chair None Chair None Chair None 9 - Turn Tables None 2 - Hot Food Vending Machines 232 Newcomb Recore Player and Speaker 233 Newcomb Record Player and Speaker 34 1972 Dodge P.U. 3/4 Ton, Serial #D24BE2559898 19 1960 International 190, 401 -V8 Engine, Serial #FA5544S -F IBM Correcting Selectric II IBM Electric Typewriter MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: April 21, 1983 � SUBJECT: Liquor License Application for Meriwether's Restaurant Attached please find a copy of the resume of Investigator Dirks with regard to the C. A. Muer Corporation which is in the process of purchasing the Meriwether's Restaurants from the General Foods Corporation. Please note that there are two things missing in the investigation. First is the financing information on how the sale is to be financed. Second are the certified copies of the actual sale. C. A. Muer Corporation has made the sale contingent on their getting approval for liquor licenses at all of the restaurant locations. Therefore, I would recommend that the Council grant approval of the liquor license, condi- tionally upon the submittal of the two points of information and their approval by the Police Department. When the certified copy of the actual sale and the financing information required by the Police Department for investigation have been submitted to us and approved, we would then send an update with this information to you and the Council. ''he following is a resume of the investigation of Case #83- 04713, the C. A. Muer Corporation, Inc. in application for an on -sale liquor license as issued by the City of Brooklyn Center, Hennepin County, Minnesota. This investigation is conducted by Robert W. DIRKS and this resume has been transcribed and typewritten by Barbara PIETRZAK, Administrative Aid for the Brooklyn Center Police Department. APPLICANT: Meriwether's Restaurants, Inc. Subsidiary of the C. A. Muer Corporation 1548 Porter Street Detroit, MI 48216 Telephone: (313) 965 -5555 Charles Anthony MUER D.O.B. 04 -23 -37 1615 North River Road St. Clair, MI 48079 Leo John BEIL D.O.B. 11 -04 -34 .21 Beacon Hill Grosse Pointe Farms, MI 48236 Gary Allen TABACK D.O.B. 03 -23 -37 822 Fairfax Birmingham, MI 48009 Jack Albert ROBINSON D.O.B. 02 -26 -30 1589 Kirkway Bloomfield Hills, MI 48013 Amond Henry TOUSCANY, Jr. D.O.B. 06 -09 -15 376 Moross Road Grosse Pointe Farms, MI 48236 Kent Albert ZIMMERMAN D.O.B. 08 -24 -11 1015 Buckingham Road Grosse Pointe Park, MI 48236 Harold KAPLAN D.O.B. 05 -02 -1897 101 Worth Avenue, Apt. 5D Palm Beach, FL 33480 Farris George KALIL D.O.B. 11 -21 -38 6126 Wellesley West Bloomfield, MI 48013 INFORMATION CONTAINED WITHIN THIS FILE: A Part I General Information Application with attachments Exhibit A, legal description, license /permit schedule in support of an application for on -sale or club Resume of Robert DIRKS Case #83- 04713 Page 2 INFORMATION CONTAINED WITHI T HIS FILE (Continued): intoxicating or nonintoxicating liquor or wine license, for the City of Brooklyn Center, Minnesota in the name of Meriwethers Restaurants, Inc. to be a subsidiary of C. A. Muer Corporation. Letter of Intent indicating that the C. A. Muer Corporation has entered into an agreement with General Foods Corporation to purchase all of the stock of Meriwethers Restaurants, Inc. thus making Meriwethers Restaurants, Inc. a wholly owned subsidiary of C. A. Muer Corporation. C. A. Muer Corporation information including history and organization, certificate of incorporation, articles of incorporation, certificate of amendment to the articles of incorporation and financial statement year ending 9/30/82. List of Meriwethers Restaurants, Inc. Board of Directors,' those directors also being on the Board of C. A. Muer Corporation. Application Part II Personal Information in support of an application for on -sale or club intoxicating or nonintoxicating liquor or wine license, City of Brooklyn Center, Minnesota in the names of the above listed board members. ----------------------------------------------------------------- C. A. Muer Corporation . operating at 1548 Porter Street, Detroit, Michigan 48216, telephone (313)965 -5555, in a letter addressed to Chief Lindsay of the Brooklyn Center Police Department did indicate that they have entered into an agreement to purchase from General Foods Corporation all of the stock of the Meriwether's Restaurants, Inc. Thus making Meriwether's Restaurants, Inc. a wholly owned subsidiary of C. A. Muer Corporation. The letter further indicated that the parties to be operating as Board of Directors and Officers of the newly purchased Meriwether's Incorporated would be the same Board members that are presently operating for C. A. Muer Corporation. Provided with this letter were all of the necessary above- listed forms and a list of the Board members. Along with this letter to the Chief of Police is a letter of intent which was written from General Foods Corporation, the present owners of the Meriwether's Incorporated, to Mr. Charles A. MUER indicating the acquisition of Meriwether's Incorporated by the C. A. Muer Corporation. Essentially that being the purchasing of all of the stock of the corporation, thereby becoming the owners. A history of the C. A. Muer Corporation indicates that it is a private held company, charter.ed.in October of 1964 by the State of Michigan with their stock broadly being distributed between, original investors not active in the business, management and administrative employees through outright stock Resume of Robert DIRKS Case ##83 -04713 Page 3 purchases and employees through the employee stock program, which essentially is an incentive program whereby hundreds of C. A. Muer Corporation employees have become proprietors of the corporation by being able to purchase stock through stock option. It is the C. A. Muer Corporation's plan or goal to have proprietor teams to operate every restaurant within their corporation, them being operated under the corporate name with full credit and reputation of the organization behind them. The C. A. Muer Corporation presently operates restaurants within six states, that being Michigan, Ohio, Florida, Colorado and Pennsylvania and Washington, D.C. Charles A. MUER started this corporation in 1964 at the time the new Hotel Pontchartrain opened in Detroit, Michigan with Mr. MUER operating all of the restaurants within;it under the C. A. Muer Corporation. This involved four restaurants within that large hotel. Since that time, the C. A. Muer Corporation has made acquisitions of restaurants and opened restaurants within the above listed states, operating under a variety of different names, all belonging to the C. A. Muer Corporation. In reviewing the financial statement of C. A. Muer Corporation, it appears it is a very sound corporation with a number of investments within the chain of restaurants that thev own which have brought in continually increasing revenues, thus leading to the continual expansion of the C. A. Muer Corporation. The acquisition of the Meriwether's Incorporated stock is just a continued growth of the C. A. Muer Corporation which has shown to be able to successfully operate restaurants of a very high caliber. C. A. Muer Corporation, also according to its annual report, shows assets in the millions with continual growth of this corporation. In the heading of this resume are the current corporate officers for C. A. Muer Corporation,. who will also be operating Meriwether's Incorporated after its acquisition. Charles A. MUER is President and founder of C. A. Muer Corporation and has . been with this corporation since its inception in October 1964 with its corporate headquarters at 1548 Porter Street, Detroit, Michigan. Mr. MUER is a resident of St. Clair, Michigan and has lived in St. Clair since 1976 with his wife Betty. Detective DIRKS made inquiries of the St. Clair, Michigan Police Department and was advised that Mr. MUER is a most respected citizen of their community and has no contacts with their department in regards to any kind of-negative, criminal type situation. Resume of Robert DIRKS Case #83 -04713 Page 4 Investigator DIRKS also contacted the State of Minnesota, the State of Michigan, and the National Computer System for Criminal history on Mr. MUER and was advised that no such record exists. Investigator DIRKS also had opportunity to talk to personal references in regards to Mr. Charles MUER, and received nothing but praise for him in the highest regard as a businessman and also as a person in regards to his private life. It was pointed out that Mr. MUER is very charitable and is involved in a number of civic organizations within the greater Detroit area. Leo J. BEIL is Vice - President and Treasurer for the C. A. Muer Corporation and has been such since the corporation was started in October of 1964. Prior to joining the C. A. Muer Corporation, Mr. BEIL worked for the Sheraton Corporation of America which was the hotel corporation that started Hotel Pontchartrain in Detroit, Michigan. It was through that building endeavor that himself and Mr. Charles MUER became friends and business associates and he .joined the C. A. Muer Corporation. Mr. BEIL resides in Grosse Pointe Farms in Michigan and has done so since 1982 and prior to that resided at 1248 Nevarre, Detroit, Michigan from 1979 to 1982 and prior to that 1312 Brookshire, that being in Grosse Pointe Park, Michigan from 1967 to 1979. Mr. BEIL has resided at his present address since moving there with his wife Karen and has lived in that near Detroit area as indicated since 1967. Investigator DIRKS did make inquiries to Grosse Pointe Park, the Detroit and Grosse Pointe Farms Police Departments and received informa- tion back from those police departments that they had no criminal record on Mr. Leo J. BEIL. Investigator DIRKS also made inquiries to the State of Minnesota, the State of Michigan as well as the National Crime Information Computer and received confirmation that there is no criminal record for Mr. BEIL. It should be noted that Mr. BEIL is active and on the board of the Michigan State Liquor Control Board, this being a very high and respected position. Gary A. TABACK is a lawyer who is employed by the firm of Keywell and Rosenfeld who are located in Troy, Michigan. Mr. TABACK in regards to his employment with that firm since 1978, has been the attorney for the C. A. Muer Corporation along with their now semi - retired attorney, Gerald KANE. Mr. TABACK has been involved in the legal. work in regards to this acquisition by C. A. Muer Corporation from General Foods of Meriwether's Incorporated and has been involved as indicated in their legal work since 1978. Mr. TABACK joined the Board of Directors of C. A. Meur Corporation in January of 1982. Resume of Robert DIRKS Case #83 -04713 Page 5 Mr. TABACK has also been employed by the firm of Keywell and Rosenfeld since 1978. Prior to that time, he had been working for the firm of Honigman, Miller, Schwartz and Cohn of Detroit, Michigan and had been employed by them since 1973 until 1978. Mr. TABACK resides in the City of Birmingham, Michigan and has lived there since 1978 with his wife Meryl. Prior to his present residency in the City of Birmingham, Mr. TABACK resided at the address of 7161 Lindenmere, also in Birmingham, Michigan from the years 1970 to 1978. Investi- gator DIRKS did make inquiries to the City of Birmingham and in checking their records they find no contact of any kind with regards to criminal matters with Mr. TABACK. Investigator DIRKS did also make.inquiries to the State of Minnesota, the State of Michigan, and the National Crime Intelligence Computer and found no record for Mr. TABACK of any kind. Jack A. ROBINSON is Chairman of the Board and Chief Executive Officer for Perry Drug Stores, Incorporated; their corporate .offices being located at 5400 Perry Drive, Pontiac, Michigan. Mr. ROBINSON is the founder of Perry Drug Stores, Incorporated which was founded in 1957 and has been with that corporation ever since. Mr. ROBINSON is well known within the Detroit area business community as well as known nationally for the success of the Perry Drug Stores, Incorporated and was asked in January of 1983 to sit on the Board of Directors for the C. A. Muer Corporation. Mr. Charles A. MUER hand- picked Mr. ROBINSON based on his experience and very good business knowledge. The Perry Drug Stores, Incorporated, it should be noted, have liquor licenses for off -sale liquor within the State of Michigan, approximately 80 of them. Mr. ROBINSON presently resides in Bloomfield Hills, Michigan with his wife, Aviva and has done so since May of 1980. Mr. ROBINSON previously had resided from 1964 to 1980 in Southfield, Michigan and inquiries were made to both of those police departments with regards to criminal records. In response to those inquiries, Investigator DIRKS was advised there was no criminal history for Jack A. ROBINSON. Inquiries were also made to the State of Minnesota and State of Michigan as well as the National Crime Intelligence Computer and there were no criminal histories for Mr. ROBINSON. Mr. ROBINSON, as indicated, sits on the Board of Directors, but does not own any stock in the company himself. Amond H. TOUSCANY, Jr. is the President of Good Housekeeping Shop located at 1250 Library, Detroit, Michigan; a retail appliance and television chain. Mr. TOUSCANY has been with this corporation since 1938, which was a family owned business Resume of Robert DIRKS Case #83 -04713 Page 6 started by his father and Mr. E. J. POSSELIUS, Sr., whose son, E. J. POSSELIUS, Jr., still is involved in the corpor- ation with Mr. TOUSCANY Jr. Mr.. TOUSCANY was brought onto the Board of C. A. Muer Corporation in 1964 at its inception and is one of the original investors to this corporation. Mr. TOUSCANY does hold stock in the C. A. Muer Corporation. Mr. TOUSCANY resides in Grosse Pointe Farms, Michigan and has done so since 1951. Mr. TOUSCANY is a widower and resides there alone at this time. Investigator DIRKS did contact the Grosse Pointe Farms Police Department and did receive back a teletype indicating that they have no criminal history for Amond TOUSCANY within their local police records. Investigator DIRKS did also make inquiries to the State of Minnesota, State of Michigan as well as the National Crime Intelligence Computer and received no criminal history or record for Mr. Amond TOUSCANY, Jr. Kent A. ZIMMERMAN is a Manager and Owner of the Republic Supply Corporation where he is President as well as the George C. WETHERBEE and Company of 2566 East Grand Boulevard, Detroit. The Wetherbee Corporation is owner of the subsidiary Republic Supply Corporation which are both wholesale distributors of hardware and houseware with the firm being founded by Mr. ZIMMERMAN's father. Mr. ZIMMERMAN has been employed with this firm since 1942 and the firm has been at its present location since 1954. Mr. ZIMMERMAN is the father -in -law of C. A. MUER and therefore was involved in the original investment of that corporation in 1964 and has been on the board since that time. Both Mr. ZIMMERMAN and his company, Republic Supply Corporation, hold stock in C. A. Muer and have done so since the incor- poration of it in 1964. Mr. ZIMMERMAN resides in the community of Grosse Pointe Park, Michigan and has done so since 1947 with his wife Marietta. Investigator DIRKS had opportunity to contact the Grasse Pointe Park, Michigan Police Department and in doing so was advised that they had no criminal history on a Kent A. ZIMMERMAN. Also inquiries were made to the State of Minnesota, State of Michigan and the National Crime Intelligence Computer and received no criminal history for Mr. ZIMMERMAN there either. Investigator DIRKS did also have opportunity to talk with a personal reference as I did with the other board members listed and again received nothing but admiration for Mr. ZIMMERMAN in regards to being a business leader in the community of the Detroit area as well as being a civic leader. Resume of Robert DIRKS Case #83- 04713 Page 7 Harold (N.M.N.) KAPLAN is a self - employed businessman who deals in investing in real estate. Mr. KAPLAN has always been self - employed and is presently operating his investment business out of the address of 977 South Ocean Boulevard in Palm Beach, Florida. Mr. KAPLAN is the holder of several parcels of land in the Palm Beach area, two of those being locations where restaurants owned by Charles A. MUER are located; one of them being Charlie's Crab, the other being Chuck and Harold's. Both of these restaurants have Mr. KAPLAN as being the landlord and with C. A. Muer Corporation being the leasing party. It is this landlord - tenant rela- tionship that brought Mr. KAPLAN in contact with the C. A. Muer Corporation and based upon his business knowledge and expertise in regards to land acquisition and development, Mr. Charles MUER asked him to join the Board of Directors of C. A. Muer Corporation approximately two and a half years ago. The C. A. Muer Corporation had been tenants of Mr. KAPLAN's approximately one and a half years prior to him 'joining the Board of Directors. Mr. KAPLAN ' n r is of a stockholder within the corporation at this time, it is indicated that it is his intent to purchase stock shall it become available. Mr. KAPLAN has resided in the City of Palm Beach since 1972. Investigator DIRKS, in contacting the Palm Beach Police Department was advised that he has no criminal history within their Jurisdiction and that he is a very well -to -do businessman and landholder within the City of Palm Beach and according to their tax records does hold parcels of property that would be of value in excess of several million dollars. Investigator DIRKS had opportunity to talk with a personal reference also in regards to Mr. KAPLAN who happens to be his banker who advises that he is of very substantial means and corroberated the information that had been given by the Palm Beach Police Department in regards to property owned and value. Personal reference.also indicated that Mr. KAPLAN is a very good and wise businessman and that, in spite of his age, he remains very active in the business world. It was also stated that Mr. KAPLAN is what is described as "a very straight shooter ". Investigator DIRKS did also contact the State of Florida as well as the State of Minnesota and National Crime Investigation Computers and found that there is no criminal history for a party by the name of Harold KAPLAN. It should be noted that Mr. KAPLAN is a naturalized citizen and is originally from Covna, Russia and came over as a very young child. Mr. KAPLAN was made a naturalized citizen while in the military on November 26, 1918 while he was in Raleigh, North Carolina. Resume of Robert DIRKS Case #83 -04713 Page - 8 Farris G. KALIL is the Executive Vice - President for the Michigan National Bank of Detroit located at 1000 West Maple in Troy, Michigan and has been employed by them since the year 1960. Mr. KALIL became associated with the C. A. Muer Corporation approximately eight to nine years ago, at which time he was then Loan Officer in regards to one of the loans the corporation held. It is through the banking business that Mr. KALIL became associated with C. A. Muer and was asked onto the Board in 1978 and has been so since. Mr. KALIL personally does own stock in the C. A. Muer Corporation but indicated that the bank that he is Executive Vice President for, that being the Michigan National Bank, does not hold any stock. Mr. KALIL resides in the City of Bloomfield, Michigan and has done so since 1973 with his wife Bernice. Investigator DIRKS had opportunity to contact the Bloomfield, Michigan Police Department and was advised by them that they hold no criminal record of a Farris George KALIL and Investigator DIRKS also had opportunity to contact the Minnesota and Michigan authorities for record checks as well as the National Crime Intelligence Computer and found that there is no criminal history located for this individual. Mr. KALIL was the last of the board member applications to be investigated and in reviewing the personal references made in regards to all these individuals, Investigator DIRKS did find no one that had a negative thing to say. Further investigation in regards to what type of establish- ments were being run by the C. A. Muer Corporation presently being operated, Investigator DIRKS did send out inquiries to the following police departments: Detroit Police Department in regards to the Hotel Pontchartrain Restaurants; Top of the Pontch, Salamandre, Charlie's Crab and Le Cafe. Also inquiries were sent to the Columbus, Ohio Police Department in regards to Buckeye Charlie's and Engine House, these restaurants operating in Columbus. Investigator DIRKS also contacted Aspen, Colorado in regards to the Shaft Restaurant operated within their jurisdiction, also owned by C. A. Muer Corporation; as well as having opportunity to talk with Palm Beach Police Department authorities in discussin g Charlie's Crab and Chuck and Harold's operating within that jurisdiction. In reviewing the restaurants listed above with the listed Police Departments, Investigator DIRKS received no negative comments in regards to any of these establishments. These establishments were described by the officer contacted as being very high -class or upper -class type of restaurants and indicated that all were run with a very professional manner and that they have no problems with them. Resume of Robert DIRKS Case #83 -04713 Page'9 The only negative complaint Investigator DIRKS received was in regards to the Charlie's Crab in Palm Beach, Florida, that being that it is such a busy restaurant that it occasionally causes a traffic problem on vehicles attempting to get into the restaurant. All of the listed restaurants in these listed jurisdictions were given the highest of recommendations and Investigator DIRKS was advised that I would be pleased to have such a restaurant operating within our jurisdiction. The financial information with regards to the acquisition of Meriwether's Incorporated by C. A. Muer Corporation is not complete as of the writing of this resume and will be forwarded in writing in regards to which bank or banks will be involved and the amount of money to be borrowed by C. A. Muer Corporation. Also to be forwarded will be a copy the final purchase agreement and closing papers of C. A. Muer Corporation buying all of the stock of Meriwether's Incorporated from the General Foods, Incorporated. In talking with Mr. Leo BEIL Investigator DIRKS was advised that essentially the following are the financial terms they are looking to set up, that being General Foods carrying a four million dollar ($4,000,000.00) note on the purchase payable over five years as well as three million dollars ($3,000,000.00) to be borrowed from other financial institutions and another two million dollars ($2,000,000.00) to be carried in a note over a five year term. That two million dollars ($2,000,000.00) being split between financial institutions. The total selling price of the stock giving C. A. Muer Corporation total ownership of Meriwether's, Inc. will be a sale of nine million dollars ($9,000,000.00). That financial arrangement to be forwarded in detail to the Brooklyn Center Police Department in approximately one week. In questioning Mr. BEIL as well as Mr. TABACK in regards to the value of the Meriwether's Restaurant located within the City of Brooklyn Center, I was advised since they are buying the stock of Meriwether's Corporation rather than its assets that it is impossible to determine the actual cost of that particular restaurant to them. In regards to the original cost to build and the land, Mr. TABACK was able to advise Investigator DIRKS that it cost one million seven hundred thousand dollars ($1,700,000.00) in construction costs as well as land cost of two hundred ninety -five thousand dollars ($295,000.00) bringing the total to one million nine hundred and ninety -five thousand dollars ($1,995,000.00). Investigator DIRKS did also check with the Brooklyn Center tax assessor's office and was advised that the market value for this mentioned property was sever: hundred fifty -four thousand two hundred dollars ($754,200.00) in 1982. Resume of Robert, DIRKS Case #83- 04713 Page._10 In conclusion of this investigation, Investigator DIRKS has found that the C. A. Muer Corporation is a very successful corporation operating restaurants presently in various locations throughout the United States that are very successful. It appears that the C. A. Muer Corporation in the acquisition of the Meriwether's Incorporated is extending its geographical location in regards to their business, which has been one of Mr. Charles MUER's goals in the continual growth of C. A. Muer Corporation. In regards to the local management of the Meriwether's Restaurant located in the City of Brooklyn Center, it is Mr. MUER's intention that that management be left intact at present and should any changes in management come about, he would then make application in regards to those changes to amend said liquor license. It would appear that the operations of C. A. Muer Corporation in other communities are of a reputable nature and have not run afoul of any criminal justice system and do comply with State and Local Ordinances and Laws. From the information supplied and obtained through this investigation, Investi- gator DIRKS feels that the Meriwether's Restaurant operated in the City of Brooklyn Center will continue to operate at the high level which we have become accustomed to while under the Meriwether's Incorporated structure under General Foods with its new owners C. A. Muer Corporation. Investigator DIRKS can find nothing which would preclude the Corporate Director and the corporation itself from obtaining a liquor license pursuant to the ordinances of the City of Brooklyn Center. Licenses to be approved by the City Council on April 25, 1983. AMUSEMENT DEVICE LICENSE: - OPERATOR Denny's Inc. 3901 Lakebreeze Ave. N. l tt 9. 4 . it i f of Police CIGARETTE LICENSE Denne's Market 6912 Brooklyn Blvd.I_';� City Clerk FOOD ESTABLISHMENT LICENSE Brook Park Baptist 4801 63rd Ave. N. Burger King 6110 Brooklyn Blvd. Donaldson's Brookdale Center Hickory Farms Brookdale Center Kentucky Fried Chicken 5512 Brooklyn Blvd. Red Owl Stores, Inc. 215 E. Excelsior Ave. Brookdale Country Store 5425 Xerxes Ave. N. Country Store 3600 63rd Ave. N. r Rocky Rococo Brookdale Center ' i, Sanitarian rr MECHANICAL SYSTEMS LICENSE Commercial Air Conditioning, Inc. 2200 Niagara Ln. Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd. Dependable Heating & Air Cond. 2615 Coon Rapids Blvd. Owens Service Corporations 930 E. 80th St. �. % , " L •'>>. Building) Official MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Ford 2500 County Rd. 10 6700 Brooklyn Blvd. Bob Ryan Oldsmobile '_ �',o� City Clerk NONPERISHABLE VENDING MACHINE LICENSE Coca Cola- Bottling Midwest 1189 Eagan Ind. Rd. Sound of Music 5717 Xerxes Ave. N. Sanitarian \V` RENTAL DWELLING LICENSE Initial: Norman D. Sorenson 5432 Dupont Ave. N. Carol & Gary Meinke 3601 47th Ave. N. Renewal: Boyer Palmer 6101 Beard Ave. N. James & Bobbie Simons 6109, 11, 13 Beard Ave. N. Earl James Backer 6018 Brooklyn Blvd. Henry & Juanita Holm 5206 Drew Ave. Thomas B. Egan 5239, 41 Drew Ave. N. R.J.S. Properties 5240 Drew Ave. N. Jeffrey K. Vest 5557 Knox Ave. N. Gerald & Elaine Theis 6719 Toledo Ave. N. Cosmopolitan Apartments 3401 -3413 47th Ave. N. Quality.Investment Co. 3513 47th Ave. N. Robert Huber 3G13 47th Ave. N. Donald E. Sobania 3701 47th Ave. N. Nordic Properties 3713 47th Ave. N. L. II. Hanggi 3725 47th Ave.N.� p Mrs. Emilia Krzesowiak 3001, 07 51st Ave. N. Director of Planning and Inspection SIGN ITAN S LI CENSE Subuzban Lighting, Inca 6077 Lake Elmo Ave. N. � E it Building Official SWIMMING POOL LICENSE Earle Brown Farm Apartments 1701 -07 69th Ave. N. Spa Petite 5615 Xerxes Ave. N. Brookdale Ten Apartments Hwy. IGO & 53rd Ave. Hi Crest Apartments 1300 67th Ave. N. Northbrook Apartments 1302 69th Ave. N. Northlyn Apartments 6511 Humboldt Ave. N. Four Court Apartments 2836 Northway Drive Sanitarian GENERAL APPROVAL: Gerald G. Splinteiif City Clerk OFTEDAL, LOCKE, BROADSTON & ASSOCIATES. INC C O N S U L T I N G E N G I N E E R S = A \° L . <ennt�� 620 SEXTON BUILDING MINNEAPOLIS, MINNESOTA 55415 cooNC`� rnnisei� PHONE 333 -4341 AREA CODE 612' Associates April 22, 1983 Bruce E. Follestad Mr. Sy Knapp, City Engineer Director of Pub Works 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Civic Center Pool Heat Recovery Coil Proposals Dear Sir: We have discussed with you the proposals you received for heat recovery coils based on the specifications as prepared by this offi We would make the following comments: Our specifications were very precise and requested specific data. 1. Evidence of coil performance was required by either computer program or engineering data certification to be submitted with the proposal. 2. Coil coating was specific and also required a statement of compliance with the proposal. The proposal submitted by Gryphon Engineering Inc. did not comply with either of the above parameters. This office contacted Mr. Dick Romer, of Gryphon and learned from him that they do . not have a computer coil program but could provide engineering calculations if we required them, documenting their coil performances He felt that he did not have enough time before the proposal was to be returned, to do these calculations It is our recommendation that the proposal of Gryphon Engineering Inc. be rejected for non - compliance with specifications regarding performance certification. The proposal submitted by the Trane Co. is in compliance with the specifications and it is our recommendation that it be accepted. Si ncerely.,, OFTED OCKE, BROA ASSOC., INC. t G. roadst GSB:is OFTEDAL, LOCKE, BROADSTON 8c ASSOCIATES, INC. � y C O N S U L T ( N G E N G I N E E' R S _ a carrtnr ` 620 SEXTON BUILDING MINNEAPOLIS, MINNESOTA 5541 5 COU14rO ruiESer PHONE 333 -4341 AREA CODE 612 Associates April 22, 1 983 Bruce E. Follestad Mr. Sy Knapp, City Engineer Director of Pub Works 6301 Shingle Creek Parkway ° Brooklyn Center MN 55430 RE: Civic Center Pool Heat Recovery Coil Proposal Dear Sir: We have discussed with you the proposals you received for heat recovery coils based on the specifications as prepared by this office. We would make the following comments: Our specifications were very precise and requested specific data. 1. Evidence of coil was required by either computer program or engineering data certification to be submitted with the proposal. 2. Coil coating was specific and also required a statement of compliance with the proposal. The proposal submitted by Gryphon Engineering Inc. did not comply with either of the above parameters. This office contacted Mr. Dick Romer, of Gryphon and learned from him that they do not have a computer coil program but could provide engineering calculations if we required them, documenting their coil performances. He felt that he did not have enough time before the proposal was to be returned, to do these calculations. It is our recommendation that the proposal of Gryphon Engineering Inc. be rejected for non - compliance with specifications regarding performance certification. The proposal submitted by the Trane Co. is in compliance with the specifications and it i our recommendation that it be accepted. Si ncerel OFTED OCKE, BROA ASSOC., INC. t.} G. roadst GSB:is OFTEDAL, LOCKE, BROADSTON & ASSOCIATES, INC. C 0 N S U L T 1 N G E N G I N E E R S I 620 SEXTON BUILDING MINNEAPOLIS, MINNESOTA 55415 PHONE 333 -4341 AREA CODE 612 Associates April 22, 1983 Bruce E. Follestad Mr. Sy Knapp, City Engineer Director of Public Works 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Civic Center Pool Heat Recovery Coil Proposals Dear Sir We have discussed with you the proposals you received for heat recovery coils based on the specifications as prepared by this office. We would make the following comments: Our specifications were very precise and requested specific data. 1. Evidence of coil erformance was required b either computer program p Q Y or engineering data certification to be submitted with the proposal. 2. Coil coating was specific and also required a statement of compliance with the proposal. The proposal submitted by Gryphon Engineering Inc. did not comply with either of the above parameters. This office contacted Mr. Dick Romer, of Gryphon and learned from him that they do not have a computer coil, program but could provide engineering calculations if we required them, documenting their coil performances. He felt that he did not have enough time before the proposal was to be returned, to do these calculations. It is our recommendation that the proposal of Gryphon Engineering Inc. be rejected for non - compliance with specifications regarding performance certification. The proposal submitted by the Trane Co. is in compliance with the specifications and it is our recommendation that it be accepted. Si ncerely., OFTED OCKE; BROA ASSOC., INC. c G. roadst GSB:is Systems Worksheet UNDERWATER SCHOOLS OF AMERICA 473 -4266 484 -7252 881 -8471 DATE C TERMS SALESMAN DELIVERY' QUANTITY ARTICLE and DESCRIPTION PRICE ' c L i � i+b Al K d 0, LA fi L 9-d C v� oQ aC1ss . MAHRE & SONS PRINT Map ewood, Minn. 55109 - (612) 777 -6463 �lp��• - \ Systems Worksheet UNDERWATER SCHOOLS OF AMERICA 473 -4266 484 -7252 881 -8471 DATE r 19 TERMS SALESMAN DELIVERY / QUANTITY ARTICLE and DESCRIPTION PRICE I U_) L r C r• c � , a W L l L C 4_ 6 A W Ul. 1, MAHRE & SONS PRINT SHOP, Maplewood, Minn. 55109 - (612) 777 -6463 BEST Dry Suit 5569.00 770 ight s 50.00 Y e g -,:I. I a tu 0 3? 240,00 Back-up reL_-. 70.00 Gauge System 150-00 Buoyancy Control J,,-,,cko t 375-00 � a s k 40-00 Sn o x ka 1 20.00 F iy S 60.00 Boot s X14.00 i t t 's 24-00 T -� Alumn. j I 0. ( 1792.00 ninus 20 dise. 11433.60 Good. 1�.aui-omentz et suit 250. 00 e ighll- s 50-00 h 0 � -0- 1 'a t 0 T P40. Back-up regulatow 70.00 G ;r E e 10.00 Buoye Control J'acket 9 . 0 s k 4 00 ,morkel 20.00 60. c) Boot 41,1. "0 1 24.00 rP a, n k J f A I u mi n 150.00 1256. 00 R-Ii-nus Disc. 251-20 10 0 4. 80 Contact De-- puty Bob xom !-�1_ Coar,.ty for- any assiste in up un�derwatey -(.'e 421-4760 ext. 1802