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HomeMy WebLinkAbout1982 09-20 HRAP f � 1 .r CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTE14BER 20, 1982 7:00 P.M. SPECIAL SESST.ON 1. Call to Order 2. Roll Call 3. Resolution Approving Housing Plan for City of Brooklyn Center 4. Resolution Accepting Bid and Approving Contract 1982 -L (Central Park Improvement Project No. 1982 -24) 5. Reconvene Public Hearing on 1983 City Budget 6. Adjournment LAW OFFICES LIEFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ CLAYTON L. LCFEVERE A PROFESSIONAL ASSOCIATION , HERBERT P. LEFLER 2000 FIRST BANK PLACE WEST J.OENNIS O'BRIEN .JOHN E.DRAWZ MINNEAPOLIS, MINNESOTA 55402 O AVID J. KENNEDY OHM B. DEAN TELEPHONE (612) 333 -0643 LENN E. PUROUE RICHARD J. SCHIEFFER CHARLES L.LCFEVERE p HERBERT P. LEFLER July 28, 1982 JEFFREY J. STRAND JAMES P O'MEARA - MARY J. BJORKLUND JOHN G.KRESSEL DAYLE NOLAN CINDY L.LAVORATO MICHAEL A.NASH LUKE R.KOMAREK JOAN N. ERICKSEN ELIZABETH D. MORAN Mr. Gerald G. Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Legal Budget for 1983 Dear Mr. Splinters At your request I have reviewed the legal fees budget for 1983 for Brooklyn Center. In keeping with my previous practice, I have taken a look at the combined cost of criminal and civil work without attempting to anticipate the costs of any major lawsuits which may result from our operations. In looking at the criminal work for the most recent 12 -month period, it appears that the costs of criminal prose- cution was in the neighborhood of $3,000 per month during the last half of 1981, which is very close to our estimate. However, n h first t e h f - al of 1982 the costs increased to between t een $4,000 and $5 000 er month. Given h P the continued level of - police activity, the fact -that cities will -be prosecuting all gross misdemeanor cases beginning in 1983, and the rate increase outlined in this letter, we anticipate that the cost of criminal work will be approximately $5,000 per month, or $60,000 per year for 1983. E For civil work, excluding the retainer and HRA work, Brooklyn 4 Center has been spending approximately $2,500 per month over the past 12 -month period, or about $30,000 per year., Given the rate increase which is discussed later,,we anticipate that a civil budget of $32,500 would be necessary. I have reviewed the HRA r wor k which ch s projected with P 7 John Dean and he estimates that something in the neighborhood of 150 to 200 hours will be necessary to complete the senior fr citizens' highrise project and handle the other miscellaneous Y k c . P 2 LAW OFFICES 'Lr.FEVERE. LEFLER, KENNEDY, O'BRIEN 6 DRAWZ Mr. Gerald G. Splinter July 28, 1982 Page Two HRA work such as the solar energy project and any new matters which may arise. We expect the costs of legal services for HRA will be in the neighborhood of $10,500. As you know, our retainer covers council meetings, agenda review, conferences with department heads and the city manager and members of the city council on incidental legal matters together with public inquiries on incidental matters, and the general administration of the legal affairs of the City. We. have been billing the City $500 per month for the retainer work.and find that our rate of return has been in the neighbor- hood of $15.00 per hour. I would like the retainer raised to =' $800 per month and hope to cut back on the number of retainer hours to bring the dollar amount of the retainer in line with the time spent. The City's membership in NIMLO should also be included in the budget. I have not seen the most recent billing statement,' but I have not been notified of a rate increase either and, therefore, recommend $250 for that category. The budget for legal services which we are recommended for 1983 is summarized as follows: Criminal Work $ 60,000.00 f -Civil Work .32.500.00 Retainer Work 7 1 200.00 ' -HRA 10,500.00 NIMLO .2 50.0 0 TOTAL $110,450.00 During 1982, we are billing the City at a rate of $55.00 } per hour for civil .work wor and 45 P $ .00 per hour for criminal work. There had'been no increase in our rates for several years until 1982 when the rate for civil work.was raised $5.00 per hour. The rate for criminal work remained the same. During those years, the rate of inflation continued at 10 -13% and we feel we must raise our rates in order to recoup these inflationary losses. Our rates for 1983 will be $60.00 per hour for civil work and $55.00 for criminal work. Sincerely, LeFEVERE, LEFLER, KENNEDY, aRI E N & JDW R r RJs :mcn Member introduced the following resolution and moved its adoption: Resolution No. A resolution adopting a Housing 'Plan for the City pursuant to Minnesota Statutes, Chapter 462C. WHEREAS, Minne sota Statutes, Chapter 462C (the "Act's) authorizes the City of Brooklyn Center the "City's) to develop and administer programs of making or purchasing mortgage loans to finance the acquisition of single family housing units located anywhere within its boundaries for occupancy primarily by persons of low and moderate income; and WHEREAS, the Act requires the adoption of a housing plan (the "Housing Plan ") after a public hearing held after the publication of notice of the hearing at least thirty (30) days prior to the public hearing; and WHEREAS, the City on July 21, 1980, accepted the Brooklyn Center Comprehensive Plan, 1980 which contains sections relating o housing needs g g analysis of housing needs and housing activities, and authorized and directed the City Manager to submit the plan to the Metropolitan Council for review; and WHEREAS, the City on August 30, 1982 by resolution adopted the 1982 Single Family Housing Bond Program as a component of the City's Housing Plan; and WHEREAS, on August 16, 1982 notice of a public hearing to be held on September 20, 1982 to consider the Housing Plan was published in the Minneapolis Star and Tribune. WHEREAS, the City has prepared a Housing Plan pursuant to the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. That the Housing Plan including the portion adopted as a 1982 Single Family Housing Bond Program as is on file with the City Clerk is adopted; and 2. That the City Manager is authorized and directed to resubmit the Housing Plan to the Metropolitan Council for additional review and comment. September 20, 1982 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 duly passed and adopted. M & C No. 82 -8 September 17, 1982 t FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Mortgage Revenue Bonds i To the Honorable Mayor and City Council: On August 30, 1982 the Council approved the submission of an application to the Minnesota Housing Finance Agency for authority to issue $7 million in tax exempt mortgage revenue bonds. At that time, staff indicated to you that a number of questions were still unanswered, but it was recommended that we pursue the opportunity and report back to you by the 20th. At that time, we were not sure as to the exact liability of the City. Since that time we have determined that holders of the bonds have no legal right or authority to compel the City to use any of its taxing powers to make good on the bonds. The only security for the bonds is the underlying property subject to the mortgage. The bonds are strictly revenue bonds. At risk for the City are pledged funds to cover nonasset bonds, that is bonds used to cover the cost of issuance, and a reserve fund to cover defaults. It is the intent of the staff to recommend that the pledged funds be acquired from sources ocher than the City. The principals involved would be the banks in Brooklyn Center and the Brutger Company. At this time we feel it will be possible to raise the needed funds from these two sources. A preliminary meeting was held with three of the local banks to discuss the pro- posed program. Following the meeting we believe that most, if not all, of the banks and savings and loans will participate in the program. A discussion was held with the Brutger representative, and we feel that we will be able to negotiate an agreement with them to reserve some of these monies for our elderly housing pro- ject. The questions that now remain deal with specifics as to program administration (who). At this time proposals are being sought from a number of potential candidates. Also some further refinement of the program to accommodate the goals of our housing pro - City's position relative to wever, y p ject is needed. Ho , we are comfortable with the C its nonliability. Also, we feel that the availability of such mortgage money will play a significant part in the success of the elderly housing project. It is necessary to pass, by resolution, a housing plan for the City. Before you is the Housing Chapter of the Comprehensive Plan for adoption as our plan. It must be passed before September 23. Also, we have had some indications that our application will be one of those selected for funding. We will be available to answer questions Monday. Resp�tfully submitted, Brad Hoffman Administrative Assistant CITY OF BROOKLYN CENTER APP 9Neo- / eral'd G. Spl`n er, City Manager PROPOSAL FORM Contractor's Name CENTRAL PARK SITE IMPROVEMENTS Brooklyn Center, Minnesota September 14, 1982 City, 11:00 a.m., C.D.T. CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: -- The undersigned has examined the Contract Documents, including the Instructions to Bidders, General Contract Conditions, Form of Contract, Detailed Specifications, including Plans, is familiar with the site and location of the PROJECT, the nature of the work and local conditions affecting the cost of the work and hereby proposes to furnish all labor, materials and equipment required for the complete construction of work described in strict accordance with all requirements of the Contract Documents as follows: Location: South of Highway 94 and just West of Shingle Creek Parkway. BID SCHEDULE DIVISION I PORTABLE RESTROOM FACILITY (See Detail 1 /S) Contractor Unit Item Description Qty. Verification Unit Bid Tota- 1. Remove concrete curb and 24 i.f. gutter 2. Furnish and install 8 L.S. ISM �35.0� foot cedar fencing com- plete with fasteners, footings, and restroom signs 3. Furnish and install con- 24 l.f. 15. CO _ 366-6C crete curb and gutter 4. Furnish and install handi- 1 Each SC. 0 C capped parking sign 5. Parking lot striping L.S. /110 G0 -I—= (including handicap symbol) 6. 6" reinforced concrete 390 s.f. &.00 A34OX. slab with 4" Class 5 aggregate base TOTAL AMOUNT - DIVISION I $ B &A #82 -29 RI/5 PROPOSAL FORM (Cont'd) -DIVISION II - PLANTING Contractor Unit Item Description Size Qty. Verification Unit Bid Total 1. Red Maple 2 -1/2" 32 Each 130.00 2. Red Maple 1 -3/4" 22 Each /�2 ,0D a 3. River Birch(clump) 12' 30 Each 1.40 4. River Birch (single stem) 3 -1/2" 12 Each pz,to 1,9nb.G'' 5. Hackberry 4 17 Each W,Db r, 6. Hackberry 3" 14 Each 7. White Ash 2 34 Each 8. Niobe Weeping Willow 2 53 Each /00.60 �5,30 9. Red Oak 2 -1/2" 11 Each L,o.00 /,&,go.Gr 10. American Linden 3 14 Each 1-20,o0 Z3 90-6C 11. Littleleaf Linden 2 -1/2" 4 Each IM,60 ¢ . 12. Ironwood 1 -1/2" 42 Each Loo.c 4zo4,cc 13. Amur Maple (tree form) 2 -1/2" 19 Each .0,0.00 0a0.00 14. Russi on Olive 2 14 Each 14o.yo ,4 - 0o.0 - 15 Bur Oak 2 -1/2 7 Each 1--,o - ,no LC66.61:' .16. Sugar Maple 3 8 Each 770.00 / 17. Swamp White Oak 2 -1/2" 8 Each S Lo,00 2oD 6r, 18. Tamarack 6' 17 Each .00 19. Black Hills Spruce_ 6' 13 Each leo.00 / 20. Scotch Pine 6' 15 Each 1(no.6r 1�5m.oc 21. Austrian Pine 6' 11 Each ieozo 1,1 0 6.6c 22. Balsam Fir 6' 15 Each j,Z.,00 iSoo.0 23. White Spruce 6' 6 Each leo.6o 6 Co. el 240 Nannyberry -_ Viburnum 5 GAL 17 Each 16.60 176. 6f 25. Red Twig Dogwood 5 GAL 179 Each 10.00 26. American Elder 3 GAL 73 Each 10.100 130 .e 27. Dwarf Ninebark 2 GAL 30 Each l0.0D 300. II ,. 28. -- Peking Cotoneaster. -3 GAL 40 Each /O.DO 4ec-CC 29. Tatarian White Honeysuckle 3 GAL 25 Each l o.00 25C).G� -_ 30. Arrowwood Viburnum 3 GAL 9 Each 31. Black Chokecherry 3 GAL 19 Each /O, oz) p.0 c° 32. Wineleaf Poten- tilla 2 -1/4" 4,000 Each 1,eo � 33. White Snowberry 2 GAL 443 Each 16-1)o c C 34. Japanese. Green Leaf Barberry 2 GAL 19 Each lo. oo /96 •4� 35. Emerald Mound Honeysuckle 2 GAL 39 Each 16.00 3 n.6- 36. Fleeceflower 2 -1/4" 2,500 Each /. ©0 TOTAL AMOUNT - DIVISION II $ la/o Fo R2/5 B&A #82 -29 S PROPOSAL FORM (Cont`d) DIVISION III - SEEDING Contractor Unit Item Description Qty. Verification Unit Bid Total 1. Seed, fertilize and mulch .5 Acre IX , 00 /LY.GG TOTAL AMOUNT - DIVISION III $ / QO•DD BASE BID DIVISION SUMMARY: •DIVISION I DIVISION II $ iS7S.DC 1 DIVISION III BASE BID GRAND TOTAL $ 70352 OD B&A #82 -29 R3/5 4 PROPOSAL FORM (Con t'd) ADD ALTERNATE 'A' Contractor Unit Item Description Size Qty• Verification Unit Bid Total 1. Hackberry 3 6 Each 160.00 96,0.o 2. Red Oak 2 -1/2" 9 Each 150.00 41 3. Amur Maple (tree form) 2 -1/2" 8 Each moo e 0 4. Russi on Olive 2" 17 Each /0 J�7 ,G!� 5. Bur Oak 2 -1/2" 5 Each 6. Sugar Maple 3" 4 Each 7. Ironwood 1 -1/2" 9 Each A OD `7= 2 GAL 59 Each O.00 8 Dwarf Ninebark �_ 9. Peking Cotoneaster 3 GAL 23 Each 1000 10. Tatarian White Honeysuckle 3 GAL 28 Each 1o,oD 8� D oD 11. Coralberry 2 GAL 74 Each O.O _ �4D•0D TOTAL AMOUNT - ALTERNATE A' q400D ADD ALTERNATE 'B' 1. Ironwood -- add difference in p.rice each for OAAT 107 t-- 2 -1/2" B &B in lieu of 1 -1/2" B &B (30) .50.00 2. Tamarack -- add difference in price each for 8 foot B &B in lieu of 6 foot B &B 30.00 $ 5J�• 00 (17 3. Black Hills Spruce -- add difference in price 3�i0 4a each for 8 foot B &B in lieu of 6 foot B &B C3)30.00 $ 4. Scotch Pine -- add difference in price each for ^ • O0 S O 8 foot B&B in lieu of 6 foot 8 &B � /SJ 3O.�o � $ 4 5. Austrian Pine -- add difference in price each - - -- - for 8 foot B &B in lieu of 6 foot B &B (it) 30.00 $ 33CJ OCR 6.: Balsam Fir -- add difference in price each for - 8 foot B &B in lieu of 6 foot B &B 7. White Spruce -- add difference in price each for 8 foot B &B i n l i e u of 6 foot B &B TOTAL AMOUNT - ALTERNATE B' $ 4,eV - 00 R4/5 B &A #82 -29 k Member introduced the following resolution and i moved its adoption: RESOLUTIONI NO. RESOLUTION ACCEPTING B3:D AM) APPROVING CONTRACT 1982 -L (CENTRAL PA RK SITE IMPROVE PROJECT 1982 -24) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1982 -24, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 14th day of September, 1982. Said bids were as follaas : Base Bid Add Alt. A Add Alt. B Grand Bidder N ame Total Bid Total Bid Total Total Fair's Garden $70,352.00 $ 8,940.00 $ 4,860.00 $ 84,152.00 Center Minnesota Valley 74,266.00 9,002.00 6,775.00 90,043.00 Landscape Hoffman & 79,371.00 10,460.00 5,120.00 94,951.00 McNamara Noble Nursery 84,075.50 10,549.00 1,900.00 96,524.50 Natural Green 84,713.00 11,099.95 4,480.00 100,292.95 Margolis Brothers 89,489.00 10,858.00 5,180.00 105,527.00 Kahnke Brothers 97,749.00 12,204.00 3,200.00 113,153.00 Environmental 121,932.40 14,878.80 15,750.00 152,561.20 Concepts WHEREAS, it appears that Fair's Garden Center of Osseo, 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 with Fair's Garden Center of Osseo, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1982 -24, Contract 1982 -L 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., RESOLUTION NO. BE IT FURTHER RESOLVED that: 1. The estimated total, cost of Improvement Project No. 1982 -24 is hereby amended from $101,780.00 to $100,584.00. The estimated cost is comprised of the following: As Amended Contract $ 84,152.00 Engineering Consultant 9 City @ 20 1,683.00 Administrative @ 1% 842.00 Contingency @ 5% 4,207.00 TOTAL ESTIMATED COST $100,584.00 2. The estimated costs will be financed as follows: Capital Projects Fund (Division 47) $100,584.00 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. September 16, 1982 Mr. Sylvester Knapp Engineer- Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Central Park Site Improvements City Project #1982 -24 City Contract #1982 -L Mr. Knapp: I have checked the bids received at the September 14th opening for mathematical and technical errors and have tabulated the totals for each bidder. The summary of bids is as follows: Base Bid Add Alt. A Add Alt. B Grand Bidder Name Total Bid Total Bid Total Total Fair's Garden $70,352.00 $ 8,940.00 $ 4,860.00 $ 84,152.00 Center Minnesota Valley 74,266.00 9,002.00 6,775.00 90,043.00 Landscape Hoffman & 79,371.00 10,460.00 5,120.00 94,951.00 McNamara Noble Nursery 84,075.50 10,549.00 1,900.00 96,524.50 Natural Green 84,713.00 11,099.95 4,480.00 100,292.95 Margolis Bros. 89,489.00 10,858.00 5,180.00 105,527.00 Kahnke Bros. 97,749.00 12,204.00 3,200.00 113,153.00 J Environmental 121,932.40 14,878.80 15,750.00 152,561.20 d Concepts Engineer's Est. 89,420.15 12,078.00 8,185.00 109,683.15 N N ca 7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941 -1660 Mr. Sylvester Knapp -2- September 16, 1982 -The base bid work includes: 1. Construction of a concrete slab, and wood screen fencing for a portable restroom facility, and 2. Furnishing and installation of over 7,500 trees, shrubs and ground cover plants in the area of the ballfields and along the creek. - Additional work to be performed in Add Alternate 'A' will include furnishing and installation of over 200 trees and shrubs west of the archery range and south of Interstate 94. -Add Alternate 'B' increases the sizes of various plant materials in the base bid. Minor mathematical errors were made by three of the bidders: �.. Bidder Name Total in Error Correc Total Hoffman & McNamara Base Bid Grand Total $79,372.00 $79,371.00 Natural Green Total Add Alt. 'A' $11,100.00 $11,099.95 Margolis Bros. Base Bid Grand Total $89,490.00 $89,489.00 Technical errors were made by two bidders. Neither Margolis Brothers or Fair's Garden Center submitted their bids on the revised proposal form, nor did they acknowledge receipt of Addendum #1. The City may choose to waive such technical errors and use the unit prices indicated to arrive at new total prices for both of the bidders. In the bid sum- mary above we have adjusted both bidders totals to reflect these discrepancies. I have contacted several references given to me by Fair's Garden Center, the low bidder. In all of the cases the references were quite positive about Fair's ability to perform quality work in a timely manner. Based on these references and the City's willingness to waive the technical errors in their bid, my recommendation is to award the base bid, and both add alternate 'A' and 'B' to Fair's Garden Center, Inc. for a total contract amount of $84,152.00. BRAUE SSOCIATES LTD. G rge Wn. Watson mt