HomeMy WebLinkAbout1981 04-20 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
APRIL 20, 1981
7:00 p.m. t,jr
1. Call to Order
2. Roll Call
3. Invocation sir
µ�
�- 4. Approval of Minutes - April 6, 1981, regular session
- October 20, 1980, special session
- November 3, 1980, special session
- November 17, 1980, special session
- December 8, 1980, special se
-The minutes of the s=pecial sessions include the "confidentia],�m ings
held to discuss litigation involving the City.'
5. Open Forum
6. Performance Bond Releases:
a. Holiday Inn, 1501 Freeway Boulevard
b. Spec 9 Industrial Building, 6801 Shingle Creek Parkway
• 7. Resolutions:
a. Granting Final Approval to an Industrial. Development Revenue
Kona rruuus -t l i r OW ! 1 - rl C,ongt, uction
-This resolution comprehends the office complex proposed for they T�'n
property directly across Shingle Creek Parkway from City Hall.
b. Accepting Bid and Approving Contract Form - Contract 1980 - (67th
Avenue North Storm Sewer Extension)
-It is recommended the bid of Thomas & Sons Construction in the
amount of $192,869 be accepted.
I C 0
c. Accepting Bid and Approving Contract Form - Contract 1981 -B (Shingle
Creek Parkway and Freeway Boulevard Street Improvements) 7:3. 1 <7 `rte
-It is recommended the bid of Thomas & Sons Construction in the y
V amount of $141,962.97 be accepted.
d. Accepting Bids for Stabilized Gravel and Fine Aggregate for Sealcoat `??
e. Accepting Bid for Plant -mixed Bituminous Materials t' L-
f. Accepting Bid for Bituminous Materials �' --
g. Accepting Bids for Bleachers
-It is recommended the bid of Earl F. Anderson & Associates in the
amount of $12,355.20 be accepted. X
CITY COUNCIL AGENDA -2- April 20, 1981
h. Authorizing Execution of an Agreement for Professional Services with l ��
W. H. Montgomery and Associates °�/
g rY
-This item comprehends the engineering study for the City communication
system. It is recommended the quotation of W. H. Montgomery and Associates
in the amount of $8,560 for phase 1 and $5,380 for phase 2 of the study
be accepted.
i. Approving 1981 -82 Police Contract
j. Approving Plans and Specifications and Setting Bid Date for New Roof q b L--~
on West Fire Station
4 8. Charter Amendment 1 4
-The public hearing on the proposed Charter amendment amending Section 12.05
Sales of Real Property was held at the April 6, 1981 Council meeting. Con-
sideration of the amendment was tabled to the April 20, 1981 meeting. The_..
amendment is offered for a first reading this evening.
9. Public Hearing on Earle Brown Drive Improvement Projects (8:00 p.m.)
a. Consideration of Earle Brown Drive Improvements: Water Main Improvement
Project 1981 -05, Sanitary Sewer Improvement Project 1981 -06, Storm Sewer
Improvement Project 1981 -07, and Street Improvement Project 1981 -08.
b. Resolution Ordering Improvement', _ -
10. Planning Commission Items (8:15 p.m.)
d.. Ap L
submi by Tr Cc- -, ', -
{�11CaLC')ia .v'C�. 8 Subli'ii i..u.u� .�..�,
and building plan and special use permit approval to construct a tive-
stall muffler repair shop at 6810 Brooklyn Boulevard. The Planning
Commission recommended approval of Application 81023 at its April 9, 1981
meeting.
b. Application No. 81024 submitted by Pamela Langren to relocate a home
beauty shop from 6224 Regent Avenue North to 7243 Grimes Avenue North.
The Planning Commission recommended approval of Application No. 81024
at its April 9, 1981 meeting.
c. Application No. 81025 submitted by City of Brooklyn Center for pre-
liminary plat approval to subdivide into fifteen outlots the vacant
land east of Noble Avenue North, south of I -94, and north of the lots
facing 66th Avenue North. The Planning Commission recommended approval
of Application 81025 at its April 9, 1981 meeting.
11. Declaration of Surplus Property
P P Y
-It is recommended a motion be made by the City Council declaring certain
City property as surplus as per the list submitted by the City Clerk.
The property includes miscellaneous office machines and furniture and
garage equipment. The items are scheduled to be sold at public auction
on May 5, 1981.
0
CITY COUNCIL AGENDA ' -3- April 20, 1981
12. Discussion Items:
a. Municipal State Aid Street Standards as They Relate to the Proposed
63rd Avenue Improve_ ment Project
b. Excess Land - Bellvue Park
-This item involves a 50 x 63' landlocked parcel of land on the southeast
corner of Bellvue Park, which the City acquired on August 11, 1967 from
the State of Minnesota through conveyance of forfeited lands. The pro -
cedure to dispose of the property would be a Council resolution ordering
a reconveyance of the tract back to the State and authorizing the parcel
for public sale.
c. Ryan Lake Area Detachment /Annexation
d. Procedure for Implementing Proposed Building Permit and Planning
Commission Fees
13. Licenses
14. Adjournment
` I
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF
COMMERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT
BE IT RESOLVED by the Council of the City of Brooklyn Center,
Minnesota, as follows:
1. The Council has received a proposal from Brookdale Corporate
Center, a Limited Partnership, organized under the laws of the State of
Minnesota (the "Company ") that the City undertake to partially finance a
certain project as herein described, pursuant to the Minnesota Municipal
Industrial Development Act, Minnesota Statutes, Chapter 474, as amended
(the "Act "), through issuance by the City of its Commercial Development
Revenue Bonds, Series 1981A, Series 1981B and 19810 (Brookdale Corporate
Center Project) in the aggregate principal amount of $7,550,000 (collec-
tively, the "Bonds ").
2. The Company desires to acquire certain real estate and construct
thereon a 116,000 square foot building and related improvements and equipment
suitable for use as a general purpose office building (hereinafter referred
to as the "Project "). The Project as described above will provide employment
to 232 additional persons and will otherwise further the policies and purposes
' of the Act. It is proposed that, pursuant to three Loan Agreements dated
April 1, 1981, . f, ? a r. the City, 1^_nder, anal. the Company, as borrower (the
t ig1:,ti;2Ti£n t:S j , L:uCh i'ti-' t-- _ s=`es .. f the r 7 ? s -,
City loan the proceeds of the Bonds to the Company to partially finance the
cost of the Project. The basic payments to be made by the Company under the
Loan Agreements are fixed so as to produce revenue sufficient to pay the
principal of, premium, if any, and interest on the Bonds when due. It is
further proposed that the City assign its rights to the basic payments and
certain other rights under the Loan Agreements to the First National Bank of
Minneapolis, in Minneapolis, Minnesota (the "Trustee ") as security for pay- e
ment of the Bonds under three Indentures of Trust dated April 1, 1981 (the
"Indentures ") each pertaining to a separate Series of the Bonds, and that the
Company grant a mortgage and security interest in the Project to the Trustee
pursuant to three Mortgage and Security Agreements dated April 1, 1981 (the
"Mortgage ") each pertaining to a separate Series of the Bonds, and to further
secure the payment of the Bonds and the interest thereon, enter into three
Assignments of Leases and Rents dated April 1, 1981 (the "Assignment of Leases
and Rents ") each pertaining to a separate Series of the Bonds. Northwestern
National Life Insurance Company will enter into three Guaranty Agreements to
further secure payment of the Bonds and interest thereon (the "Guaranties ").
3. This Council by action taken on February 23, 1981 gave preliminary
approval to the proposal and on or about April 15, 1981 the Commissioner of
Securities of the State'of Minnesota gave approval to the Project as tending
to further the purposes and policies of the Act.
RESOLUTION NO.
4. Pursuant to the preliminary approval of the Council, forms of
the following documents have been submitted to the Council for approval:
(a) the Loan Agreements;
(b) the Indentures;
(c) the Mortgages (not to be executed by the City);
(d) the Assignments of Leases and Rents (not to be executed
by the City);
(e) the Guaranties;
(f) the Bond Purchase Agreement among the City, the Company
and Juran & Moody, Inc. (the "Bond Purchaser "); and
(g) Official Statement dated April , 1981 (not to be
executed by the City).
5. It is hereby found, determined and declared that:
(a) the Project described in the Loan Agreements and Indentures
constitutes a Project authorized by the Act;
(b) the purpose of the Project is and the effect thereof will
be to promote the public welfare by the development of land
and construction and equipping of a general purpose office
(c) the Project is to be located within the City limits, at a
site which is easily accessible to employees residing
within the City and the surrounding communities;
(d) the acquisition, construction and installation of the
Project, the issuance and sale of the Bonds, the execution
and delivery by the City of the Loan Agreements, the Bond
Purchase Agreement, the Guaranties and the Indentures, and
the performance of.all covenants and agreements of the
City contained in the Loan Agreements, Bond Purchase Agree-
ment, the Guaranties and Indentures and of all other acts
and things required under the Constitution and laws of the
State of Minnesota and the City Charter to make the Loan
Agreements, the Bond Purchase Agreement, the Guaranties,
the Indentures and the Bonds valid and binding obligations
of the City in accordance with their terms, are authorized
by the Act;
(e) it is desirable that the Company be authorized, in accordance
with the provisions of Section 474.03 of the Act and subject
to the terms and conditions set forth in the Loan Agreement
for the Series A Bonds, which terms and conditions the City
determines to be necessary, desirable and proper, to complete
RESOLUTION NO.
the acquisition and installation of the Project by such
means as shall be available to the Company and in the
manner determined by the Company, and with or without
advertisement for bids as required for the acquistion
and installation of municipal facilities;
(f) it is desirable that the Commercial Development Revenue
Bonds, Series 1981A (Brookdale Corporate Center Project)
in the amount of $6,000,000, the Commercial Development
Revenue Bonds, Series 1981B (Brookdale Corporate Center
Project) in the amount of $775,000 and the Commercial
Development Revenue Bonds, Series 1981C (Brookdale
Corporate Center Project) in the amount of $775,000 be
issued by the City upon the terms set forth in the
Indentures pertaining to each Series;
(g) the basic payments under the Loan Agreements are fixed to
produce revenue sufficient to provide for the prompt pay -
ment of principal of, premium, if any, and interest on the
Bonds issued under the Indentures when due, and the Loan
Agreements, Mortgages and Indentures also provide that the
Company is required to pay all expenses of the operation
and maintenance of the Project, including, but without
limitation, adequate insurance thereon and insurance against
all liability for injury to persons or property arising from
the operation thereof, and all taxes and special assessments
levied upon or with respect to the Project and payable during
• _ the t pr^' of the Mortga T. P gY ee^;c ^tv. and T7:dC, ^.t,,:?"f?c;
(h) under the provisions of Minnesota Statutes, Section 474.10 ,
and as provided in the Loan Agreement and Indenture, the
Bonds are not to be payable from or charged upon any funds
other than the revenue pledged to the payment thereof; the
City is not subject to any liability thereon; no holder of
any Bonds shall ever have the right to compel any exercise
by the City of its taxing powers to pay any of the Bonds or
the interest or premium thereon, or to enforce payment thereof
against any property of the City except the interests of the
City in the Loan Agreement which have been assigned to the
Trustee under the Indentures; the Bonds shall not constitute
a charge, lien or encumbrance, legal or equitable upon any
property of the City except the interests of the City in the
Loan Agreement which have been assigned to, the Trustee under
the Indenture; the Bond shall recite that the Bonds, including
interest thereon, are payable solely from the revenues
pledged to the payment thereof; and, the Bonds shall not
constitute a debt of the City within the meaning of any
charter, constitutional or statutory limitation.
(i) the City has been informed by the Company that because of
the term of the Bonds, which are being issued to provide
temporary financing for the Project, it would be appropriate
to secure additional financing in the form of long -term
refunding bonds issued to refund the Bonds prior to their
maturity, and accordingly, in order to more fully secure
RESOLUTION NO.
i
payment of the Bonds, the City hereby undertakes to the
• extent permitted by law, to exercise its best efforts
to issue revenue bonds to refund the Bonds to provide
permanent long term financing for the Project; subject
to such conditions as the City customarily requires for
such financing and subject to agreement as to details
by the City, the Borrower and the permanent lender or
underwriter.
6. Subject to the approval of the City Attorney, the forms of the
Loan Agreements, the Bond Purchase Agreement, Indentures, the Guaranties and
exhibits thereto and all other documents described in paragraph 4 hereof are
approved substantially in the form submitted except as otherwise provided in
paragraph 7 hereof. The Loan Agreements, Bond Purchase Agreement, Indentures,
and the Guaranties in substantially the form submitted, are directed to be
executed in the name and on behalf of the City by the Mayor and the City
Manager and any other documents and certificates necessary to the transaction
described above shall be executed by the appropriate City officers. Copies
of all of the documents necessary to the transaction herein described shall
be delivered, filed and recorded as provided herein and in the Loan Agreements
and Indentures.
7. The City hereby finds that the information in the section of
the Official Statement, captioned "The City" does not contain any untrue state-
ment of a material fact or omit to state any fact which is necessary to make
the statements made therein not misleading under the circumstances in which
they were made and is hereby approved in substantially the form submitted to
i -.he l'[.unc:ii_ such un orniat o-a for 1:11<:lusiui, 1� tl-je :Stdtr?mer.t: and. tb?
City hereoy ratifies, uonf1Liuj and uunsenLLs t 3 iLht= Use of said seC tioja n the
Official Statement in connection with the sale of the Bonds. The City has not
prepared nor made any independent investigation of the information contained
in the Official Statement other than the section therein captioned "The City ",
and'the City takes no responsibility for such information.
8. The City shall proceed forthwith to issue its Commercial Develop-
ment Revenue Bonds, Series 1981A, Series 1981B and Series 1981C (Brookdale
Corporate Center Project), each dated as of April 1, 1981, in the respective
amounts of $6,000,000, $775,000 and $775,000 each in the form and upon the
terms set forth in the Indenture pertining to each Series. The offer of the
Bond Purchaser to purchase the Series 1981A Bonds for $6,000,000, the Series
1981B Bonds for $775,000 and the Series 1981C Bonds for $775,000, each, plus
accrued interest to the date of delivery at the interest rates specified in
the Indentures is hereby accepted. The Mayor and City Manager are authorized
and directed to prepare and execute the Bonds as prescribed in the Indentures
and to deliver them to the Trustee, who is hereby appointed authenticating
agent, for authentication and delivery to the Bond Purchaser.
9. The Mayor, Clerk and City Manager and other officers of the City
are authorized and directed to prepare and furnish to the Bond Purchaser
�- certified copies of all proceedings and records of the City relating to the
bonds, and such other affidavits and certificates as may be required to show
the facts relating to the legality of the Bonds as such facts appear from the
books and records in the officers' custody and control or as otherwise known
RESOLUTION NO.
to them; and all such certified copies, certificates and affidavits, including
any heretofore furnished, shall constitute representations of the City as to
the truth of all statements contained therein.
10. The approval hereby given to the various documents referred to
above includes an approval of such additional details therein as may be
necessary and appropriate and such modifications thereof, deletions therefrom
and additions thereto as may be necessary and appropriate and approved by the
City Attorney prior to.the execution of the documents. The execution of any
instrument by the appropriate officer or officers of the City herein authorized
shall be conclusive evidence of the approval of such documents in accordance
with the terms hereof. In the absence of the Mayor, Clerk or City Manager,
any of the documents authorized by this resolution to be executed may be
executed by the Acting Mayor or the Deputy City Clerk or Manager, respectively.
Date Mayor
ATTEST:
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.
a
Member , introduced the following resolution
and moved its adoption:
• RESOLUTION NO. r
RESOLUTION AC CEPTIIr3 BID AMID APPRCk CONTRACT FORM (STORM
SEWER AND APPURTEMW WORK, 67TH AVE[UE NORTH STORM SEI^:'F.'R,
CONTRACT 1980 -P, S.A.P. 109 - 109 -19)
WHEREAS, the City Clerk and the City Engineer have reported that on
April 14, 1981, at 11:00 A.M., Central Standard Time, they opened and tabulated
bids received for Storm Sewer and Appurtenant Vbrk, Project No. 1980 -24, and
that said bids were as follows:
Bidder Total Amount
Thm & Sons Construction, Inc. $192,869.00
Richard Knutson, Inc. $203,536.90
Barbarossa & Sons, Inc. $205,361.00*
American Contracting Corporation $206,276.00
C. S. McCrossan, Inc. $206,345.00
O & P Contracting, Inc. $210,672.09*
Dawson Construction, Inc. $212,508.00
Minn -Kota Excavating, Inc-. $213,088.00*
- Lametti & Sons, Inc. $213,774.00
Orfei and Sons, Inc. $224,762.02
Parrot Construction, Inc. $228,599.02*
Shafer Construction Co., Inc. $232,385.00
a Northdale Construction Co., Inc. $236,931.00
G. L. Contractinq, Inc. $237,476.00*
Tn . $247,020,00
Progressive Contractors, Inc. $312,284.00
*Denotes Corrected Bid Amount
WHEREAS, it has been determined by the City Engineer to the satis-
faction of the City Council that the bid of Thomas and Sons Construction, Inc.
is less than the Engineer's estimate of $224,628. and is the best bid submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the bid of Thomas and Sons Construction, Inc.,
in the amunt of $192,869.00, as to furnishing of all labor, materials, tools,
and equipment in connection with the above mentioned improvement projects, accord-
ing to the plans and specifications therefore now on file in the office of the
City Clerk, is deemed to be the best bid submitted for said work by a responsible
bidder, and said bid is hereby accepted.
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby
authorized to execute a contract with said bidder.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized
to appropriate $192,869.00 from the Special Assessment Fund for payment of con-
struction costs related to said improvement project.
t
RESOIIJTION 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.
J.
Menber introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTIN33 BID AND APPRMgT - G C- 0NrrRAC'T FORM (SHIIrLE
CREEK PARKWAY A\D FREEWAY BOULEVARD STREET IMPROVEMEN`T'S, CONTRACT
1981 -B)
WfiERFAS, the City Clerk and the City Engineer have reported that on
April 14, 1981, at 11:00 A.M., Central Standard Time, they opened and tabulated
bids received for Shingle Creek Parkway Street Improvement Project No. 1981 -02
and Freeway Boulevard Street Improvement Project rb. 1981 -04, and that said bids
were as follows:
Bidder Zbtal Aunt
Thomas and Sons Construction, Inc. $141,962.97
Hasdrives, Inc. $147,752.36
Bury and Carlson, Inc. $157,292.63*
Progressive Contractors, Inc. $161,497.17
Shafer Construction Co., Inc. $161,594.30
C. S. McCrossan, Inc. $169,189.62
Alexander Construction Co., Inc. $178,700.59*
Concrete Curb Company $185,135.40*
Victor Carlson and Sons, Inc. $207,678.05*
*Denotes corrected bid amount
WHEREAS. it has been determined by the City Engineer to the satisfaction
C1 th° City !�'onry - 11. t"`71+7 t-�1,7' n 01 '1`I?7T?l .S T?!". L" l }�r,rt� i, ction, i17c. is .Less
than the Engineer's estimate of $177,597.75 and is the best bid submitted.
NOW, THEREFORE, BF IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the bid of Thomas and Sons Construction, Inc.
in the amount of $141,962.97, as to furnishing of all labor, materials, tools,
and equipment in connection with the above mentioned improvement project(s),
according to the plans and specifications therefore now on file in the office
of the City Clerk, is deemed to be the best bid submitted for said work by a
responsible bidder, and said bid is hereby accepted.
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby
authorized to execute.a contract with said bidder.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized .
to appropriate monies from the following funds for payment of construction costs
related to said improvement projects:
Improvement Project 1981 -02- Special Assessment Fund - $132,279.97
Improvement Project 1981-04-municipal State Aid Fund 2660 - $9,683.00
s
Date Mayor
i
ATTEST:
Clerk
RESOLUTION NO.
The m. tion for the adoption of the foregoing resolution was duly seconded by
m n ber , and upon vote being taken thereon, the follow-
ing voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BIDS FOR STABILIZED GRAVEL AND FINE
AGGREGATE FOR SEAL COAT
WHEREAS, the City Clerk and Director of Public Works have reported that
on April 7, 1981, at 11:00 a.m. they opened and tabulated bids received for
the furnishing of stabilized gravel and fine aggregate for seal coat and that
said bids were as follows:
Class #5 Class #5 FA -1 Buck- FA -2
Gravel Gravel Sand shot Rock
Bidder deliv. picked up picke up picked up deliv.
Barton Contr. $3.50 /ton $2.10 /ton $1.93 /ton $4.25 /ton None
McCrossan None $2.60 /ton None None None
($2.75 /ton limestone)
Bury & Carlson $4.35 /ton $1.90 /ton None None None
Shiely Co. $5.69 /ton $3.50 /ton. $3.60 /ton $5.50 /ton $11.20 /ton
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that the bid of Barton Contracting for the furnishing of Class #5 gravel
(delivered ai1U picked lip) , FA-1 amid ( picked up) , . id b€ cl in
accordance with the specifications is deemed to be the best bid submitted by a res-
ponsible bidder and said bid is hereby accepted.
BE IT FURTHER RESOLVED that the bid of Shiely 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 I , 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 ISO.
RESOLUTION ACCEPTING BID FOR PLANT -MIXED BITUMINOUS MATERIALS
WHEREAS, the City Clerk and Director of Public Works have reported that
on April 7, 1981, at 11:00 a.m. they opened and tabulated bids received for
the furnishing of plant -mixed bituminous materials and said bids were as
follows:
Coarse Aggregate Fine Aggregate Winter Patch
Bidder Furn. & Load Furn. & Load Mix
Midwest Asphalt $22.25 /ton $23.75/ton $25.00 /ton
C. S. McCrossan $18.80 /ton $21.70 /ton $25.00 /ton
Commercial Asphalt $18.00 /ton (drum None None
mix, not batch)
Bury & Carlson $20.75 /ton $21.25 /ton $23.85/ton
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that the bid of C. S. McCrossan for furnishing 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.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID FOR BITUMINOUS MATERIALS
WHEREAS, the City Clerk and Director of Public Works have reported that .
on April 7, 1981, at 11:00 a.m. they opened and tabulated bids received for
the furnishing of bituminous materials and said bids were as follows:
CRS -1 or CRS -2 CRS -1 or CRS -2
Bidder de livered picked up
Koch Asphalt $.7701 /gal. $.7500 /gal.
Richards Asphalt $.7550/gal. $.7400 /gal.
Ashland Petroleum $.7523/gal. $.7500 /gal.
L. N. Sickels Co. $.7689/gal. $.7500 /gal. and
WHEREAS, Ashland Petroleum Company submitted an addendum to their bid
placing conditions on their delivery of oil which the City is unable to accept:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that the bid of Richards Asphalt Company for furnishing CRS -1 and CRS -2
(delivered and ni_rk -d up) hituTrinn,is materials in accordance with the specifica-
ic s i deemed `_ t?�,. re ;=sible bider _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.
•
Member � introduced the following resolution,
and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BIDS FOR BLEACHERS
WHEREAS, the City Clerk and Director of Parks and Recreation have
reported that on April 3, 1981, at 11:00 a.m. they opened and tabulated bids
received for the furnishing of bleachers and that said bids were as follows:
BIDDER COST PER UNIT BID TOTAL
Earl F. Anderson & Associates $2,059.20 $12,355.20
General Seating Company 2,105.00 12,640.00
Hamele Recreation Company 2,193.00 13,158.00
Minnesota Playground, Inc. 2,410.80 14,464.80
Miracle Equipment (Alt.) 2,302.00 13,812.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the bid of Earl F. Anderson & Associates for the
furnishing of bleachers in accordance with the specifications is deemed to
be the best bid submitted b y a responsible bidder and said bid is hereby
p
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.
s` .
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH W. H. MONTGOMERY AND ASSOCIATES
FOR AN ENGINEERING STUDY OF THE CITY'S COMMUNICATION SYSTEM
WHEREAS, the City Manager has obtained quotations on the purchase
of professional services for an engineering study of the City's communication
system and has determined that the quotation of W. H. Montgomery and Associates
in the amount of eight thousand five hundred sixty dollars ($8,560) for phase
one and five thousand three hundred eighty dollars ($5,380) for phase two of
the study is the best quotation submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Mayor and City Manager are hereby authorized to enter
into an agreement for an engineering study of the City's communication system
in the amount of $8,560 for phase one and $5,380 for phase two of the study
from W. H. Montgomery and Associates.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
I
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member , introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT
BETWEEN LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82
AND THE CITY OF BROOKLYN CENTER
WHEREAS, the Public Employment Labor Relations Act of 1971, as
amended thereafter, requires a written contract between the employer and the
exclusive representative of a recognized bargaining unit; and
WHEREAS, Law Enforcement Labor Services, Local No. 82, has been
designated as the exclusive representative for the Brooklyn Center Police
bargaining unit; and
WHEREAS, the membership of Local No. 82 and the City Manager have
agreed upon a negotiated Master Labor Agreement between the City of Brooklyn
Center and Law Enforcement Labor Services, Local No. 82; and
WHEREAS, the Agreement includes the following terms and conditions
of employment:
1. Length of Contract
The Agreement shall cover the period from January 1, 1981
through December 31, 1982. The Agreement shall be retro-
active to January 1, 1981.
2. Wage P
1981
A. Employees hired before February 1, 1979:
Grade Hourly Rate
Patrol Officer, 9 P Starting A $ / 8. 7 20
After 6 months P/B 9.105
After 12 months P/C 9.517
After 18 months P/D 9.902
After 24 months P/E 10.316
After 30 months P/F 10.701
After 36 months P/G $1,925 (per month)
B. Employees hired after February 1, 1979:
Top Patrol Officer, after 36 months $1,925 (per month)
After 24 months 90% of Top Patrol
After 12 months 80% of Top Patrol
After 6 months 70% of Top Patrol
Starting rate 65% of Top Patrol
RESOLUTION NO.
1982
A. Employees hired before February 1, 1979:
Grade Hourly Rate
Patrol Officer, Starting P/A $ 9.505
After 6 months P/B 9.925
After 12 months P/C 10.374
After 18 months P/D 10.793
After 24 months P/E 11.244
After 30 months P/F 11.664
After 36 months P/G $2,098 (per month)
B. Employees hired after February 1, 1979:
Top Patrol Officer, after 36 months $2,098 (per month)
After 24 months 90% of Top Patrol
After 12 months 80% of Top Patrol
After 6 months 70% of Top Patrol
Starting Rate 65% of Top Patrol
3. Insurance
The City will contribute up to a maximum of $95 per month per
employee toward health, life, and long -term disability insurance
commencing January 1, 1981 and $105 per month commencing
i
January 1, 1982.
4. Employees classified or assigned by the City to the following
- ob : l:.ssifications or rositic v='S Pei- °c iL In
addition to their regular wage _ate.
Investigator (Detective)
School Liaison Officer
Juvenile Officer
Dog Handler
Paramedic
5. Employees classifed by the employer to the following job
classification will receive $50 per month in addition to their
regular wage rate:
Corporal
6. Injured on Duty
As of January 1, 1981, the 5 day waiting period is reduced to
3 days.
7. Severance Pay
As of January 1, 1981, severance pay is increased to 1/3 of
accrued sick leave from 1/4 of accrued sick leave.
8. Longevity and Educational Incentive
. Longevity and educational incentive terms are unchanged from
previous contract.
e
RESOLUTION NO.
i
WHEREAS, the City Manager recommends employer approval of the
Agreement:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to authorize the Mayor and City Manager to execute the 1981 -82
Master Labor Agreement between the City of Brooklyn Center and Law Enforcement
Labor Services, Local No. 82 dated April 20, 1981.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
Member introduced the following resolution and
moved its adoption:
r RESOLUTION NO.
RESOLUTION AUTHORIZING PLANS AND SPECIFICATIONS FOR FURNISHING AND
INSTALLING NEW ROOF AT WEST FIRE STATION
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minndsota as follows:
1. The plans and specifications as prepared by Lindberg Pierce, Inc.
for the following improvement are hereby approved and ordered filed
with the Clerk: New roof at West Fire Station.
2. The Clerk shall advertise for bids for such improvement by publication
at least once in the official newspaper, the date of first publication
not less than ten (10) days prior to the date for receipt of bids.
Said notice shall state that no bids will be considered unless sealed
and filed with the City Clerk prior to the closing time for receiving
bids and accompanied by a cash deposit, by a bidder's bond or a
certified check made payable to the City in the amount not less than
five per cent (5%) of the amount of the bid.
3. The City Manager shall be authorized to open and tabulate the bids.
Date mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
01 CITY OF BROOKLYN CENTER
ORDINANCE NO.
All ORDINANCE AMENDI..G T"iL BROOKLYN CENTER CITY
CHARTER
THE CITY COUNCIL OF THE CITY OF BROOKLY14 CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 12 Section 12.05 is hereby amended
as follows:
Section 12.05. SALES OF REAL PROPERTY. No real property
of the City shall be disposed of except by ordinance.
The proceeds of any sale of such property shall be used,
as far as possible, to retire any outstanding indebted -
ness incurred by the City in the purchase, construction,
or improvement of this [or other] property,[used for
the same public purpose. If there is no such outstanding
.indebtedness; the Council may by resolution designate
some other public use for the proceeds.] T;henever the
outstanding indebtedness against the sold property ha
been satisfied, the remaining proceeds shall be used. - for
any of the following purposes:
(1) Purchase additional real property or construct
or make improvements on existing City owned
real r�rogert; .
(2) Reduce indebtedness on other City owned real
property.
(3) Establish a reserve for future acquisition or
improvement of real property.
Section 2. This ordinance shall become effective after
publication and ninety (90) days following its adoption.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Published in the official newspaper
Effective Date
[Brackets indicate matter to be deleted, underline indicates new
matter.]
(Published in - the Brooklyn Center Post March 19, 1931.)
l
Member introduced the following resolution
and moved its adoption:
RESOLUTION Imo.
RESOLUTION ORDERING CONSTRUCTION OF FARLE BROWN DRIVE IMPROVEMFNTSE:
WATERMAIN JMPROVEMFNI' PROJECT 1981 -05, SANITARY SFti ER IMPROVIl`=
PROTECT 1981 - 06, STORM SEWER IMPROVEMENT PRO=T 1981 - 07, AND
STREET IMPROVEMENT PROJECT 1981 - 08
WHEREAS, Resolution No. 81 -69 adopted by the City Council of the City
of Brooklyn Center, Minnesota on March 23, 1981 fixed a date for a public hearing
on the proposed improvement of Earle Brown Drive by installation of waterriain,
sanitary sewer, storm sewer, and street improvements; and
WHEREAS, ten days' published notice on the hearing through two weekly
publications of the required notice was given, and the hearing was held thereon
on April 20, 1981, at which time all persons desiring to be heard were given an
opportunity to be heard thereon;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that such improvements are hereby ordered as proposed
in Resolution No. 81 -69.
�I
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 follow-
ing voted in favor thereof:
and the following voted against the same:
when
eupon said resolution was declared duly passed and adopted.
Y Ra ..
•
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION DIRECTINv -PHE MAYOR AND CITY MANAGER TO FILE
APPLICATION TO T13E CCMISSIONER OF TRANSPORTATION FOR
VARIANCE FROM MU1dICIPAL STATE AID STREET DESIGN STANDARDS
WHEREAS, the Municipal State Aid Division of the Minnesota Depart -
vent of Transportation has adopted new geometric design standards for two -
lane high density collector streets with two lanes of parallel parking from
a previously required 44 foot street width to a currently required 46 foot
street width; and
WIEREAS, under a 1958 construction project, the City of Brooklyn
Center anticipated the future reconstruction of 63rd Avenue North between
Beard Avenue North and Xerxes Avenue North (a high density collector street)
to a street width of 44 feet by installation of catch basins, boulevard tree
plantings, and curb returns at intersections, to the then- current 44 foot
street width standard; and
WHEREAS, said reconstruction to the currently required width of 46
feet would result in the relocation of said catch basins, removal of said
trees, and reconstruction of said curb returns while providing no discernable
benefit to traffic along the section of roadway.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center hereby directs the Mayor and City Manager to make formal re-
�n,Ast to the � �.,+ fcr v`2ya -e from the Stage of
r i : s_=_or.c a�.f 'TM ar•L r Corr
v. .. �_j_....... ... u..1 •.:. l.: }. ..1L.L Z -1 , ri - 77 a.,l .
1''i.iT�Ii le6o , Depa.i L akL i i, vi. �,.. �.,I..�L -.�� u_a i.s l.i a ..... _ -. F °I
to wit:
The minimum street width, face of curb to face of curb, for a two-
lane high- density collector street with two parallel parking lanes
shall be: 46 .feet,.
The variance requestedrshall be to allow reconstruction of 63rd Avenue North
from Beard Avenue North to Xerxes Avenue North to a 44 foot street width, face
of curb to face of curb, with two traffic lanes and two parallel parking lanes.
BE IT FURTHER RESOLVED that said variance request and supporting
testimny be submitted to the Commissioner of Transportation in accordance with
the provisions established in State of Minnesota, Department of Transportation
Rule and Regul tion_14 MCAR 1.5032 M.
w. A
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
vanber , 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.
Menbe..r introduced the following resolution
and moved its adoption:
R.L' . OLUTION NO.
RESOLUTION ESTABLISHIiS� PARKIIC; RESTRICTIONS FOR 63RD AVENUE
NORTH BE"I3= BEARD AVENUE NORTH AND, XERXES AVENUE NORTH
Wes, the reconstruction of 63rd Avenue North between Beard
Avenue North and Xerxes Avenue North is proposed to be accomplished utilizing
Municipal State Aid funds; and
WHEREAS, the City Council has determined that a 44 foot street width,
measured from face of curb to face of curb, will provide for adequate passage
of traffic through the segment; and
VHMEAS, Municipal State Aid rules require establishment and enforce-
ment of parallel parking regulations for one side of the street only, within
any segment where the street width is between 46 feet and 36 feet in order to
be eligible for use of State Aid funds.
NOW, 'THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Brooklyn Center:
1. that "No Parking Anytime" regulations are hereby established
and shall be posted and enforced on the north side of 63rd
Avenue North between Beard Avenue North and Xerxes Avenue Forth.
2,. Pax °alle:. �.�i.,_k1__ , 1t/ 7e41111cx�iUa1S
shall be enforced on the south side of 63rd Avenue North between
Beard Avenue North and Xerxes Avenue North.
3. these regulations shall become effective upon completion of the
project 63rd Avenue reconstruction ect M.S.A.P. 109 - 101 -03. p �
4. the "No Parking Anytime" regulations herein established for the
north side of 63rd Avenue shall be revoked in favor of "Parallel
Parking Only" regulations if either of the following actions occur:
(a) if the Cbmmissi.oner of Transportation approves the City
Council's request for variance as provided for in Resolution
No. or
(b) if the Cbmmissioner of Transportation approves a change in
rules, allowing for parallel parking on both sides of a
44 foot wide street.
Date Mayer
AYTEST:
Clerk
The motion. for the adoption of the foregoing resolution was duly seconded by
P � g
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following meted against the same:
whereupon said resolution was declared duly passed and adopted.
Member, introduced the following resolution
and raved its adoption:
RESOD UTION No. _
RESOLUTION PROPOSING CHANGE IN MUNICIPAL STATE AID STREET
DESIGN STANDARDS
WHEREAS, Minnesota Department of Transportation Rules for State
Aid Operations 14 MCAR 1.5032 H -1-c provide, in part, that the minimum street
width for undivided two lane high density collector streets with parallel
parking lanes on both sides shall be 46 feet, face to face of outer curbs; and
WHEREAS, the previously - established standard width for such twn -lane
streets with parking lanes on both sides had been 44 feet, and said standard
• has generally been regarded as being adequate and satisfactory; and
WHEREAS, it is the opinion of the City Council of the City of
Brooklyn Center that the 46 foot width requirement is not jusitified on the
s construction
`s of f ' i result in nurnerou
base traffic safety considerations aril will
problems, thereby unnecessarily increasing costs in an era of severe funding
problems.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
(1) the Commissioner of Transportation is hereby requested to amend
14 MCAR 1.5032, H -1 -c to provide that the minimum street width
for ur_div 4_ded two lane high density call. actor streets with
d ln -7- - , d.
to face of outer curbs.
(2) the Municipal_ State Aid Screening Committee is hereby requested
to support this request for amendment of the rules.
Date Mayor
•
K rLTST:
r Clerk
L! 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:
'e whereupon said resolution was declared passed and adopted.
E
}
i
a
Licenses to be approved at the April 20, 1981 City Council meeting.
ITINERANT FOOD ESTABLISHMENT
Earle Brown PTA 5900 Humboldt Ave. N.
Olympic Gymnastic Academy Booster Club Westbrook Mall
Sanitarian
MECHANICAL SYSTEM'S LICENSE
Commercial Air Conditioning, Inc. 2200 Niagara Lane
Cronstrom's Heating & Air Cond. 4410'Excelsior Blvd. �flJ _
Thompson Air Conditioning 5115 Hanson Court
Building fficial
:MOTOR VEHICLE DEALERSHIP
Brookdale Ford, Inc. 2500 County Road 10
r Iten Chevrolet 6701 Brooklyn Blvd.
+► Bob Ryan Oldsmobile 6700 Brooklyn Blvd. `�• y rn ('
City Clerk
IV
N VENDING MACHINE LICENSE '
Gold Medal 553 North Fairview
Duke's Standard 6501 Humboldt Ave. N.
Sanitarian pyj
READII PERISHABLE FOOD VEHICLE � �
Ted Burlingame 5919 June Ave. N.
Sanitarian
REN TAI, DWELLI14G LICENSE
— - --
�ni_ttah: p w
^. F= i; ,., :. .. �lp 7Ll (` ?l !'{PTl %1T ?n t L 'f . _
Patrick Menth 5302 Fremont Ave. N.
Allan Olson - 7111 Riverdale Road
Renewal:
Marcus Corporation 6415 James Circle N.
Virgil L. Hillstrom 5907, 09 June Ave. N.
Raymong A. Rice 6907 Morgan Ave. N.
Richard & Elfreda Ploof 5319, 21 Queen Ave. N.
Transfer:
` Gerald R. Broman 3601 47th Ave. N.
'! Bernard M. McDonough 4701, 03 68th Ave. N l�11�, �
Direc or of Planning f
and Inspection (�
SIGN HANGER L
LeRoy Signs, Inc. 6325 Welcome Ave. N.
Midway Sign Company, Inc. 444 North Prior Ave.
Buildin Official
SWIMMING POOL LIC
Indoor:
Beach Apartments 4201 Lakeside Ave. N.
Spa Petite 5615 Xerxes Ave. N.
Outdoor:
Beach Apartments 4201 Lakeside Ave. N.
Sanitarian