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HomeMy WebLinkAbout1995 05-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 22, 1995 7 p.m. Call to Order rn Roll Call 64. � C/ 1� � M ��� - G S � /�7 � A/ i Openng Ceremonies JJ � 4. Council Report 5" Presentation - None Approval of Agenda and Consent Agenda , -The following items are considered to be routine ouncil and will be y enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from ® the vote on the minutes. 1. April 17, 1995 - Board of Equalization 9C 2. April 24, 1995 - Regular Session Kc /A3 e � .. --.3. May 2, 1995 - Special Work Session lcc 4. May 8, 1995 - Regular Session Proclamation Declaring June 16, 1995, as the Day of the African Child C. Resolution Accepting Quote and Authorizing the Purchase of One (1) Zodiac Boat for the Fire Department :/z C J /�f --mod. Resolution Amending Negotiated Agreement and Authorizing the Purchase of Property for a Storm Water Pond e. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 1995 -11, Contract 1995 -G, Brooklyn Drive Sanitary Sewer Manhole Repair -This item is associated with Improvement Project No. 1995 -11, Contract 1995 - E, CMP Trunk Sanitary Sewer Relining. • CITY COUNCIL AGENDA -2- May 22, 1995 • f. Resolution Amending Special Assessment Levy Roll Nos. 13372 and 13373 to Provide for the Award of Assessment Stabilization Grants for the Woodbine Neighborhood Improvements )< 1 fj )<1u,kt--6^- V"' f 5 d g. Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1994 -05 and 06, Contract 1995 -D, Humboldt Avenue S eet and Utility Improvements, 69th Avenue to 73rd Avenue ,�C ��i h Resolution Amending the 1995 Liquor Fund Budget and Awarding the Bid for Three Safes for the Liquor Stores V C I ,5� /� tea` cl j / 2 2 - i. Recommendation of the Financial Commission Regarding Amendment of the Adequate General Fund Balance Formula Contained in the Financial Management Policies kC � y � 9S — 1,2-3 ° ,, j. Council Ratification of Licenses Administratively Approved on May 10, 1995 "t k. Resolution Approving Issuance of a Non - Intoxicating Beer and a Wine Liquor License to Fuddruckers, Inc., DBA Fuddruckers ,�-C - / 1. Licenses ® �Y. Open Forum - Councilmember Hilstrom has requested tlr reo rde ' g open forum as the last item on the agenda. i.u ryLa ' S. Council Consideration Items Planning Commission Application No. 95005 submitted by the City of Brooklyn Center. Request for a Preliminary Plat approval to combine into two lots the various properties acquired by the City for a ponding area and Park and Ride facility located at the northwest quadrant of 65th Avenue North and Brooklyn Boulevard. The Planning Commission recommended approval of this application at its May 11, 1995, meeting. Irc A �/? Planning Commission Application No. 95006 submitted by VenStar Corporation. Request for a Special Use Permit for the placement of fill in the floodway and Site and Building Plan approval for a 20,000 sq. ft. expansion to the General Litho Services, Inc. building previously approved by the City Council under Planning Commission Application No. 95004. The Planning Commission recommended approval of this application at its May 11, 1995, meeting. F Setting Joint Meeting Dates with the Charter Commission and Financial Commission CITY COUNCIL AGENDA l 22, 1995 Discuss City of Brooklyn Center's wnership of Apartment Buildin Approval of Revised Contract Between the Five Cities Transportation Project and National School Bus Service to Include the Policy for National Drivers Assistance 14C 1 4 / Pay Equity Compliance Report Family Services Collaborative ., - Acquisition of Single - Family Homes Along Brooklyn B ule d �� � e f or Resolution Expressing Recognition and Appreciation of John �nr is Dedicated Public Service on the Human Rights and Resources Commission u` Resolution Authorizing the Issuance, Sale and Delivery of Rental Housing Revenue Refunding Bonds (Four Courts Apartments Project), Series 1995 and Tax Credit Investor Revenue Bonds (Four Courts Apartments Project Series 1995B Under Minnesota Statutes, Chapter 462C, As Amended, Approving the Form of and Authorizing the Execution and Delivery of n/ Indentures of Trust and Loan Agreements and Other Documents; Approving the Form of and Authorizing the Execution and Delivery of the Bonds; Providing for the Security, Rights and Remedies of the Owners of Said Bo s C( SJ Resolution Approving - Acquisition of Easements for Roadway and Utility Purposes, Improvement Project Nos. 1995 -07 and 08, Woodbine Neighborhood Street and Storm Drainage Improvements Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, 1 . and Adopt -A-Street Spring Clean -Up /Earth Day Celebration ' ; , Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1995 -07, 08, and 09, Contract 1995 -B, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements kff 1 / t�L o q - _Staff Report Re: Improvement Project No. 1993 -18, Pond, Park, MTC Park and Ride, and 65th Avenue Realignment Resolution Approving Preliminary Design and Authorizing the Development of Final Plans and Specifications, Improvement Project No. 1993 -18, Pond, Park, MTC Pa k and Ride, and 65th Avenue Realignment KC / D 3 0 CITY COUNCIL AGENDA -4- May 22, 1995 Resolution Amending Special Assessment Levy Roll No. 13131 to Provide for the Award of an Assessment Stabilization. Grant for the James /Knox Street Improvement 6 k-- / / kkt' "t 9 1 5 y Resolution Making Findings Pursuant to Minnesota Statutes Section 465.722, Subdivision 3(3) and Approving Execution of Severance Agreement Between City of Brooklyn Center and Gerald Splinter q. Items Removed from the Consent Agenda - 9. Adjournment EDA AGENDA CITY OF BROOKLYN CENTER MAY 22, 1995 (following adjournment of City Council meeting) 1. Call to Order U 2. Roll Call CL /C� C l i / T� 1 n 3. Approval of Agenda and Consent Agenda T� -The following following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes: April 24, 1995 - Regular Session k �, � �n - - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. t b. Resolution Authorizing Submittal of an Application for Funding Under the 1995 Minnesota City Participation Program (MCPP) 4. Commission Consideration Items 5. Adjournment _ L Council Meeting Date May 22, 1995 31 City of Brooklyn Center A Item Number 6 � Request For Council Consideration Item Description: City Council Minutes April 17, 1995 - Board of Equalization April 24, 1995 - Regular Session May 2, 1995 - Special Work Session May 8, 1995 - Regular Session Department Approval: + 2h w - k Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: o Summary Explanation: (supporting documentation attached Yes ) April 17, 1995 - Board of Equalization Kristen Mann was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. April 24, 1995 - Regular Session Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. May 2, 1995 - Special Work Session Barb Kalligher was excused from the meeting and the minutes will reflect her abstenion from the vote on these minutes. May 8, 1995 - Regular Session Barb Kalligher, Kristen Mann, and Debra Hilstrom were excused from the meeting and the minutes will reflect their abstention from the vote on these minutes. 0 tiiINUTES OF T PiE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUN i Y OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF EQUrLI._IZATION APRIL 17, 1995 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mavor ivivrna Kragness, Councilmembers Barb Kalligher, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, City Assessor Mark Parish, Director of Community Development Brad Homan, Finance Director Charlie Hansen, Assistant County Assessor Tom Mav, Senior Appraiser Joe DaBruzzi, and Council Secretary Barbara Collman. Councilmember Kristen Mann was excused from tonight's meeting. PURPOSE OF BOARD OF E UALIZATI N The City Manager explained the purpose of the Board of Equalization is to review the assessment rolls as they are proposed by the City Assessor. The Board must determine whether the property values are appropriate and whether all properties are treated fairly and equally. The City Assessor reviewed the state law requiring the meeting of the Board of Equaiiz tion. The law outlines the Board's restrictions and capabilities. He noted the Board's powers are limited to value and classification of properties. PROCEDURAL. REVIEW OF PROPERTY TA-K -k ION T ne City Assessor stated a properry owner who is dissatisfied with the assessment has the right to appeal and appear before the Counry Board of Ecualization dur the last two weeks in June, provided they first appealed to the City Board of Equalization. The City Assessor also reviewed the time line for the assessment process. The 1995 assessment is based on sales records for *he period of October 1993 through September 1 � 1994. The impacts on taxes which can't be foreseen are adminisirative issues, budget authorities, and policy issues. The City Assessor noted the goal of the assessor is to value at market value Nfarket value is the most probable value, but it may or may not equal the sale price. An attempt is made to "mirror the market." In the assessment process, it is necessary to collect data by • inspecting properties and monitoring market activity, and also to attempt to predict the market. The City Assessor explained the meaning of the sales ratio and of the coefficient of dispersion. The appraisal process also includes the use of computer aids, which is a cost - effective method. CITY ASSESSOR'S REPORT Regarding the 1995 assessment, the City Assessor noted the property market is stable and improving. The median sales ratio is 94.1 percent. Sales in five neighborhoods were considered in the assessment. The analysis considered the style of the homes as well as other details. The City Assessor noted a system of checks and balances exists with the Hennepin County Assessor's office. The City Assessor explained Brooklyn Center has 8,000 residential properties, which accounts for 26 percent of the tax base. It is impossible to inspect all properties each y ear, but a certain number are done each-year. The assessment process is not perfect but it is believed to be fair. PUBLIC INQUIRY REGARDING LOCAL AI ASSESStifENNTS At 7:25 p.m., Mayor Kragness opened the meeting for the purpose of public inquiry. Appointments had been set for five parties to make inquiries. Two of the parties were present, the rest were not. The City Assessor recommended the Board go ahead and confirm the assessments for the parties who had made appointments, but reserve the parties' right to appeal. Kevin Hatle and Elizabeth Dorsey Hatle, 5508 Logan Avenue North, were not present. Robert Johnson and Virginia Johnson, 6236 Colfax Avenue North, were unable to stay for this portion of the meeting due to illness. Bartholomew Dabrowski, 5001 Ewing Avenue Nosh, as ed for his right of appeal to be reserved for consideration at the County Board meeting. Donna Kabanuk, " —.207 Lakeside Avenue, Unit 123, was not present. Michael Schwarz. 7100 Humboldt Avenue North, addressed the Board regarding his assessment. He said properties in his neighborhood sold last year for 566.16 per square foot, yet his is assessed at 569.75 per square foot. When he asked City Staff for comparable figures, he was given a list of properties outside his neighborhood. His house is for sale and he has had no osiers. He has had market analyses done by three realty arms. The home was priced at 592,500. tifr. Schwartz commented he has lost his parking, will probably lose his driveway, there is more pollution. and neighbors have left. The property is not worth 597,100 and, in fact, is not worth an .. z if it doesn't sell. Counciimember Kalligher commented the City Assessor was denied access to tifr. Schwartz's home to do an inspection and appraisal. Mr. Schwartz said he does not want a City official • in his home and intends to leave Brooklyn Center permanently. Councilmembe; Carmodv suggested he try to work it out as long as he is still in Brooklvn Center. She also asked tifr. Schwartz what he thinks the property is worth. Mr. Schwartz said he will rent the property. He said he has an investment of S115,000 in the property. Councilmember Carmody suggested he lower the price so the property will sell. Mr. Schwartz did not agree. The current asking price is 594,500. hfayor Kragness noted most residents who have an assessment dispute are happy to allow the City As,sessor on the property in order to get a fair assessment. She asked Kfr. Schwartz why he will not allow an investigation. Mr. Schwartz said he has seen the way City staff operates and how it figures and he does not want anyone from the City on his property. Councilmember Kalligher suggested the City reserve Mr. Schwartz's right to appeal and let him take his complaints to the next level. The City Assessor stated the figure 597,100 was computer - generated and $92,500 would be more realistic. He repeated it was not possible to complete an inspection without access to the property, so it is difficult to make an assessment. He recommended Mr. Schwartz's Property-be assessed at 592,500 and his rights to appeal be reserved. - tifr. Schwartz said statistics show comparable properties are selling at 588,000 or 589,000. He said - the assessment will not affect him as he is leaving Brooklyn Center; however, it would not be fair to a new owner. Councilmember Kalligher suggested yfr. Schwartz appeal to the Hennepin County Assessor. She suggested Mr. Schwa: tz : -mg ht be nose satisf.ed with t^ sponse f r l .. ie r Om the nex leve Board of Equalization. Nfr. Schwartz asked whether the Board of Equalization could look at market survevs. Nfavor Kragness replied that is what the Cir, Assessor does when making assessments. Councilmember Hiistr or. questioned the process with the Hennepinn County Assessor's office. Tom tifav, the Assistant Counry Assessor, said if County officials cannot inspect the property they will uphold the position or the City Assessor. Mr. Schwartz said officials can see his property after he has left it. Tile City Assessor stated dunirg this assess :.ent process 2,200 properties were inspectej . In a viCal Vea.' tW0 pe'C�. ^.t o � 6 T rope 7; o %vner refuse ins - pee,* r figure must be used. This year there were 49 refusals. He noted the City does provide comparables for discussion purposes not necessarily representing those properties are the best comparable. Again, it is not possible to appraise a propern without inspecting it. He • stated perhaps the County Assessor, as a third parry, will be able to resolve the situation with Mr. Schwartz. Nfavor Kragness asked whether the volume of traffic on Humboldt Avenue is a factor in the tax assessment. The City Assessor said it is a factor; through streets are a five percent downward adjustment. There were no walk -in inquiries. One inquiry came in the form of a letter from Brooklyn Center Hotel Ltd. Partnership. The City Assessor addressed the inquiry. The City Assessor noted he has been unable to contact a representative of Brooklyn Center Hotel Ltd. Partnership. He said he has reviewed the information provided by the company and believes it is irrelevant. There is no basis for a reduction in the assessment based on the information presented. He commented the property is in the midst of a turn around. He recommended the owner's right to appeal be reserved. The City Manager explained if an owner's rights are reserved it means the appeal is valid at the next level; however, the process must begin at the City level. There was a motion by Councilmember KalliQher and seconded by Councilmember Carmody to approve the balance of the 1995 assessment and accept the City Assessor's recommendations on the properties appearing at the Board. The motion passed unanimously. ADJOURNMENT The Brooklyn Center City Council was adjourned by Mayor Kragness at 7:46 p.rn. Deputy City Clerk Mavor Recorded and transcribed by: Barbara Collman TimeSaver, Off Site Secretarial MINUTES OF T PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGUL -�R SESSION APRIL 24, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mavor Myrna Kragness, Councilmembers Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Communications Coordinator Terri Swanson, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. Councilmember Barb Kalliaher was excused from tonight's meeting. OPENING CEREMONIES Ulyssess Boyd offered the invocation. COUNCIL REPORTS Councilmember Hilstrom mentioned the Kappa Delta Gamma society was appreciative of the. welcome it received from the City. Councilmember Mann noted the volunteer firefighters held an appreciation dinner on Friday. Also, the Saturday rnorning Adopt -A- Street and Adopt -A -Park kick -off was quite successful. Councilmember Carmody announced a meeting of the Southeast Neighborhood to be held Tuesday, April 25, 1995, at the Earle Bro Heritage Center. 'savor Kragness noted she attended a police appreciation dinner on April 19. Awide range of Brooklyn Center residents who have aided the Police Department were reco Also, on April 20, 199 - Mayor Kragness attended a luncheon honoring Brooklyn Center as a recipient of the Tree City USA award for the third consecutive year. 4 - 1 - APPROVAL, OF AGENDA AND CONSENT AGENDA tilayor ICragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Carmody requested Item b(b) be removed. Councilmember Mann requested the addition of an item consisting of a resolution concerning the Metropolitan Council's Transportation Development Policy Plan. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the April 24, 1995, agenda and consent agenda as amended. The motion passed unanimously. APPROVAL OF MINUTES MARCH 27 1995 - REGULAR SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the March 27, 1995, regular session as printed. The motion passed unanimously. APRIL 10 1.995 - REGULAR SESSION O There was' a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the April 10, 1995, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -107 Member Kathleen Carmodv introduced the following resolution and moved its adoption: RESOLUTION APPROVING NEGOTIATED AGREEMENT AND AUTHORIZING THE PURCHASE OF PROPERTY FOR A STORM WATER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -108 Member Kathleen Carmodv introduced the following resolution and moved its adoption: RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK REGARDING THE LOCATION OF A STORM WATER POND AND THE RECONSTRUCTION OF 73RD AVENUE NORTH FROM HALIFAX TO FRANCE AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member KK isten Mann, and the motion passed unanimmously. RESOLUTION NO 9 -109 Member Kathleen Carmodv introduced the following resolution and moved its adoption: ® RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1995 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1995 -10, CONTRACT 1995 -C The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -110 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995-11, CONTRACT 1995 -E, CMP TRUNK SANITARY SEWER RELINING The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -111 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING 1995 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Diann, and the motion passed unanimously. RESOLUTION NO 95 -112 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AINIENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRk TS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen 'Iann, and the motion passed unanimously. RESOLUTION NO 95 -113 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 CENTRAL GARAGE BUDGET AND • AUTHORIZING THE REPLACEMENT OF ONE (1) HOIST FOR THE CEINTTRAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. PROCLAMATION Member Kathleen Carmody introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 26, 1995, AS SCHOOL -AGE CHILD CARE DAY The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following Iist of licenses: MECHANICAL SYSTEVfS Bostrom Sheet Metal Works, Inc. 785 Curfew St. C.O. Carlson Air Conditioning Co. 1203 Bryant Ave. N. e C ntraire, Inc. � 740.. Washington Ave. S. Delmar Furnace Exchange, Inc. 4080 83rd Ave. N. Flare Heating & A/C Co. 9303 Plymouth Ave. N. Gilbert Mechanical Contractors, Inc. 4451 W. 76th St. Home Energy Center 1200 25th Ave. N. Ste. 128 Horwitz, Inc. 5000 N. Highway 169 Mcquillan Brothers Plumbing & Htg. Co. 452 Selby Ave. O'Brien Sheetmetal 144 Glenwood Ave. Rouse Mechanical, Inc. P.O. Box 899 Sedgwick Heating & A/C Co. 8910 Wentworth Ave. S. Voat Heating and A/C 3260 Gorham Ave. MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Dodge 6800 Brooklyn Blvd. Iten Chevrolet Co. 6701 Brooklyn Blvd. 4 / - 4 - RENTAL DWELLINGS Initial: Maribel Hokanson 5308 Emerson Ave. N. . Renewal: Shingle Creek Tower 6221 Shingle Creek Pkwy. B.F.Dabrowski 5001 Ewing Ave. N. Elfreda Ploof 5319 Queen Ave. N. SIGN HANGER Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Twin Cities Sign Images, Inc. 1940 Edinbrook Court TAXICAB Suburban Yellow Tani #3045 500 E. 36th St. Town Tani #90 2500 Washington Ave. N. The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received no requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. COUNCIL CONSIDERATION ITEMS • The City Manager explained that tonight was the second reading of an ordinance vacating storm sewer and detention pond easements on the site of the Evergreens at Earle Brown Farm development. The vacated easements will be replaced with new easements. tilavor Kragness opened the meeting for the purpose of a public hearing on An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1 at 7:09 p.m. She inquired if there was anyone present who wished to address the Council. No one came forward. There was a motion by Counciimember Carmodv and seconded by Councilmember Hilstrom to close the public hearing at 7:10 p.m. The motion passed unanimously. ORDINANCE NO. 95 -04 Member Kristen darn introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING CERTAIN L IiLITY AND DRAINAGE EASEMENT'S IN REGISTERED LA—ND SURVEY NO. 1603 AND IN BROOKLYN CENTER INDUSTRL�L PARK PLAT 1 The motion for the adoption of the foregoing ordinance was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RECONIMENDATTON FRONT THE EyiPLOYEE ACTION CO?MMIZTEE The City Manager explained there is a recommendation from the Employee Action Committee to initiate an Employee of the Quarter and Employee of the Year program. The Communications Coordinator stated the recommended program is similar to one in place in the City of New Hope. Many municipalities have such programs in place. The Communications Coordinator explained an employee would be nominated for the award, in writing, b a fellow employee. The qualification for nomination would be Y P q exemplary performance resulting in savings of time or money, or encouragement of teamwork. Recognition for the employee selected would be in the form of public recognition in a City Council meeting and in the City newsletter, possession of a floating plaque, and listing on a plaque in City Hall. The four winners of Employee of the Quarter would be candidates for the Employee of the Year award. The employee selected as Employee of the Year would receive the same recognitions plus a $100 gift certificate to be used for any City service including the Community Center, Earle's Restaurant, the Inn on the Farm or Centerbrook Golf Course. Mayor Kragness stated the proposed program is an excellent idea. Councilmember Hilstrom asked whether the committee evaluating the nominations would be made up of supervisors. The Communications Coordinator said the Employee of the Month recognition committee is made up of employees, not supervisors. Supervisors would select the Employee- of the Year. Councilmember Hilstrom asked when the program would be instituted. The Communications Coordinator said the program would be effective for second quarter of 1995. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the initiation of an Employee of the Quarter and Employee of the Year program. The motion passed unanimously. LEGISLATIVE UPDATE The City Vfanager noted there were materials concerning current legislation in the Council packets. He also he stated the Orfield Iezislation is being evaluated at this time by the North Metro Mayors Association. Mayor Kraaness asked whether all issues affecting Brooklyn Center are still unresolved. The City Manager said they are. He commented there is division within par and within the Houses of the legislature, and decisions will most likely not be reached until the end of the session with a conference committee. T/= /95 - 6 - ask about the unlawful detainers issue. The City Manager said Ccuneilmember Carmody as he believes the legislation is in committee and he will check on it. Councilmember Carmody asked whether there has been any movement on the issue of change of tax rates for apartment dwellers to equal homeowners' breaks. The Cit Manager said there was proposed legislation but, it has not been determined where the funds would be found to implement a reduction. He said he would investigate the status of the issue. STAFF REPORT REGARDING STATE AID DESIGNATIONS The Director of Public Services reported more study has been done on the proposed changes and it was found the financial impact would likely be neutral. The Metro State Aid Engineer has reviewed the proposed changes and approved them. The changes proposed are to designate 73rd Avenue from Humboldt to Dupont a State Aid route and to remove the State Aid designation from 67th Avenue east of Dupont, a route which doesn't go anywhere. Following the change, Brooklyn Center would have just under .4 miles available for State Aid designation. There are some roads under consideration by State Aid at this time. i RESOLUTION NO. 95-114 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REVOKING MUNICIPAL STATE AID STREET (67TH AVENUE NORTH FROM DUPONT AVENUE NORTH TO T.H. 252) The motion for the adoption of the foregoing resolution was duly seconded u y s o ded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO.- 95-115 titember Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING DESIGNATION OF A I vNNICIPAL TATS S AI D STREET (73RD AVENUE NORTH FROM HUMBOLDT AVENUE NORTH TO DUPONT AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. STAFF REPORT REGARDING ARBOR DAY AND EARTH DAY ACTIVITIES The Director of Public Services stated an Arbor Month celebration will be held with the students of Willow Lane School on May 17. This celebration is an annual event which is rotated ber% een schools. Trees will be planted in Willow Lane Park. Tat Director of Public Services discussed the Earth Day kick -or for the Adopt -A-Park- and Adopt -A- Street prograrn. She stated most maior streets and parks have been adopted but more volunteers are needed. There is a wide range of groups participating in the program. Citizens have shown concern through participation and their actions do make a difference in the community. In addition, the volunteers' assistance results in a savings of time for park maintenance workers. In particular, the first time crews go to parks to mow in the spring they do not have to clean the areas first. Councilmember Hilstrom suggested a resolution be drafted g e. ressin appreciation to expressing . P individuals who participated In the Earth Day activities. The City Manager agreed to provide a resolution for the next Council meeting. Councilmember Carmodv noted she often gets calls regarding a ark which is very littered g g P but since Saturday it is much better. She sug an approximate savings figure be published in the City newsletter. The City Manager said that has been done in the past and the figure can be updated. He noted most groups clean their adopted areas two or three times per year. y PROCLAMATION Member Debra Hilstrom introduced the following proclamation and moved its adoption: PROCLAItifATION DECLARING APRIL 28, 1995, ARBOR DAY AND MAY 1995 ARBOR MONTH IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -116 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS U A TREE CITY L SA The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. DISCUSSION OF 'IETROPOLITAN COUNCIL'S TRANSPORTATIONT DEVELOPMENT POLICY PLAN The City Manager explained the North Metro Highway 100 Council commented there would not be sufficient funds in the plan to accomplish needs such as repair of the infrastructure. In addition, the Metropolitan Council has a longstanding history of procrastination. The North Metro Highway 100 Council recommends the cities reject the plan. The City of Robbinsdale would be the Q most reatly aftected v the 1 b a an. "Mayor Kragness agreed with the Citv tilanaaer on the matter. RESOLUTION NO. 95 -117 4/2-1 - 8 - I� Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION OPPOSING THE APPROVAL OF THE METROPOLITAN COUNCIL'S TRANSPORTATION DEVELOPMENT POLICY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. FIVE CITIES SENIOR TRANSPORTATION PROJECT Councilmember Carmody stated the Human Rights and Resources Commission priortized this project low on the list. The service provided, although it has been expanded to some extent, is very limited. The service does not meet a great need. She indicated she would like to see the service compared to others. The City Mana agreed not enough information was provided. He stated he could report back to the Council at a later date. Councilmember Mann agreed the matter should be held in light of the position of the Human Rights and Resources Commission. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to table action on the Five Cities Senior Transportation Project until further information is received. The motion passed unanimously. The City Manager urged members of the Council to notify him of specific questions • pertaining to this , issue. ADJOURNMENT 'Where was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:40 p.m. i Deputy City Clerk Mayor Recorded and transcribed bv: Barbara Collman TimeSaver Off Site Secretarial 4/24/95 - 9 - MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION MAY 2, 1995 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 7:02 p.m. ROLL CALL Mayor Myrna Kragness, Collncilmembers Kristen Mann and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, and Council Secretary Barbara Collman. Councilmember Barb Kalli - her was excused from tonight's meeting. • Councilmember Debra Hilstrom arrived at 7:22 p.m. REVIEW OF REDEVELOPMENT PROJECTS The City Manager explained the ongoing projects would be reviewed so the Council would have an opportunity to ask questions and understand the status of projects begun by the past Council. He listed the projects under the categories of revenue - producing and revenue - using, although some fall under both categories. He noted the projects are suggested and most do not produce revenue. It is necessary to remember to deduct 15 percent for the Tax Increment Financing (TIF) Housing Fund when discussing revenue. The Director of Community Development gave the histories of the projects, including studies leading to their development which provided guidelines for planning. The Director of Community Development explained a new project area was created, in 1994 for the purpose of utilizing TIF. The area includes all but a small portion of Brooklyn Center. Through special legislation for Brooklyn Center, a TIF project would be exempt from State Aid funds and LGA penalties. One purpose of obtaining the TIF district was to be in a position to aid Brookdale in its redevelopment, since Brookdale is important to the future of Brooklyn Center. He explained why certain areas were or were not included in the TIF district. Councilmember Hilstrom arrived at 7:22 p.m. ® 5/2/95 i Council member Carmody asked for a specific listing of what Staff considers the "gateway" areas of Brooklyn Center. The Director of Community Development said Highway 252 and Interstate 0 94 and Highway 100 and Brooklyn Boulevard are the main gateway areas. The Director of Community Development then talked specifically about the areas in the TIF district which are slated for redevelopment. He discussed when and how properties were acquired or the current status of the acquisition, and the intended use of the areas. The Di r e cto r f e ecto o Community De _y e opment then reviewed each project in detail. The Director of Community Development discussed four parcels of land in the Willow Lane Lyn River Apartments area, including onE parcel the City already owns, the Holiday station, multi- family units, and the motel. The Director of Community Development discussed the condemnation issues regarding the motel. He explained there are two types of condemnation, quick take and regular. He discussed the ramifications of each and noted it is always possible to convert from regular to quick take by deposit the appraisal amount of the property with the District Court. In regard to the Holiday station, the Director of Community Development stated the City denied a building permit to the business, which led to a lawsuit. Ultimately the City agreed to buy the property and is in the process of doing so. The City needs to make a decision about the Lyn River Apartments. There are no funds • available to purchase them at this time. They need to either be repaired or sold. Council should consider whether further redevelopment in the area will still be desired if the apartments remain in their present location and use. The City Manager commented there is not enough funding available for all projects so priorities must be set. There will probably be a need for a TIF bond issue at some point for redevelopment funding. Such a bond issue would only require a Council vote and would not count a our General Obli�ation debt limit. The TIF revenue would be pledged in this case. The Director of Community Development discussed the positive and negative aspects of the proposed General Litho project. he noted the property would be purchased by the City from the Shingle Creek Land Company for approximately $135,000. He discussed the status of parking issues relating to this and other sites in the area. The Director of Community Development discussed the 69th Avenue project. He stated there will be a total taking in some areas due to the widening of Brooklyn Boulevard. In some areas, there will be a partial take. Many options for dividing the properties and rearranging business facilities have been mentioned but Ito final decisions have been made. He reviewed the options with the Council. 512/95 - ? - • In the area north of 69th Avenue, a medical clinic is considering the site for its location. The clinic's primary requisite is high traffic to provide exposure for the business. Councilmember Hilstrom asked when decisions will be made on these issues. The Director of Community Development said decisions should be reached by June or July. He suggested a Request For Proposals (RFP) are in the process of development for 69th Avenue and Brooklyn Boulevard. The City would not have to act on the RFPs but they would bring out the options. Regarding the widening of Brooklyn Boulevard, the Director of Community Development noted some properties would be taken. Five homes on the east side of June Avenue may be torn down and the land used to create a buffer between the neighborhood to the east and the retail area. That decision will be made at a later date. The responses to the RFP will provide a great many answers and help in the decision- making regarding the St. Al's property. Councilmember Hilstrom suggested there be a private road to the senior housing complex off Brooklyn Boulevard. Councilmember Hilstrom indicated disagreement with buying property for the purpose of building a street for access. The Director of Community Development said the property would not be acquired for the express purpose of building a street. The total plan is constantly changing depending on involved parties. The final design will be determined later. Councilmember Hilstrom asked when it will be a certainty which parties will be involved. The • Director of Community Development said it should be clear by July at which time individuals have been able to execute deals in the area. The RFP is already being designed and will be presented for approval soon. The City Manager agreed with Councilmember Hilstrom the property should not be purchased for the sole purpose of building an access road. However, if it is necessary for a total package with a larger project, it may be acceptable. The Director of Public Services noted evaluations are underway concerning the necessity of signals at the intersection of 70th and Brooklyn Boulevard. There was a discussion of the left turns in the area. The RFP will be distributed to approximately 25 developers through several mediums, which she discussed. She also noted traffic flow in the area is a concern and a buffer may be a good idea. The Director of Community Services brought up additional ideas and issues for the Council to consider over the coming weeks. There was a discussion regarding the Phillips 66 station. There are internal problems in the business. There has been a change in management and there is a great deal of uncertainty. The company's current building permit is expiring and is in a gray area. The RFP for the project Will go out in early summer and the project will be more focused following that process. 5/2/95 - 3 - The Director of Community Development discussed current events with the Brookdale Mall. Options are becoming apparent. The County and the State may both be involved and have parts in financing. Councilmember Hilstrom asked when a decision will be reached. The City Manager said a decision should be made in the near future. The Director of Community Development suggested the Council make its wishes known as far as areas to be developed in the future. He noted a grocery store has been a topic of much discussion in the community. Councilmember Hilstrom asked when a project such as a grocery store would be forthcoming. The Director of Community Development asked what area of the City should be developed next. Mayor Kragness commented a grocery store is important. The Director of Community Development agreed and said the timing for such a project is right and there are potential locations. Councilmember Hilstrom asked whether there is a vacant location which could be recommended to a grocery concern. The Director of Community Development said there are not really any vacant locations. Councilmember Hilstrom asked how the City can do aesthetic renovations, such as Town • Square, when it says it cannot afford do work on blighted areas. The Director of Community Development noted choices must be made. He also commented more money will become available as the TIF district ages. Councilmember Carmody suggested the City crack down on ill - repaired parking lots in the City's shopping areas. The Director of Community Development agreed that is an which needs to be addressed, and will be. Mayor Kragness said business owners should be told the City will not tolerate these problems %with parking lots as they are a liability risk. Councilmember Mann ;commented, if a grocery business is not pursued, groceries will be built in neighboring cities and then will not want to locate in Brooklyn Center because of the close proximity between stores. Mayor Kragness indicated a grocery business should have high priority for the Council. Brooklyn Center residents in the southeast area in particular are without a grocery store and many residents there are senior citizens. Councilmember Hilstrom asked whether Westbrook Mall is currently looking closely at Brookdale Mall. The Director of Community Development said they have long -term leases going until 1997 and 1998. 5/2/95 - 4 - Councilmember Carmody stated people think businesses are leaving because some properties are ® vacant are some are not taken care of. If Brookdale Mall were attractive, it would influence the attractiveness of the entire city. The Director of Community Development agreed Brookdale's appearance and the obtaining of a grocery business are key issues for Brooklyn Center. Councilmember Mann asked whether State funds might be available to help. The Director of Community Development indicated 1995 would not be a good year to obtain funding but the Ciuty should always consider other revenue sources on a project by project basis. The City Manager said it is a priority to attempt to obtain revenue producers as soon as possible in order to raise money for the revenue users. The Council's priorities appear to be the Brooklyn Boulevard reconstruction project, the Willow Lane and 66th project, Brookdale Mall, and a grocery business. Councilmember Hiistrom asked where the Humboldt Avenue properties owned by the City fit into the plan. The City Manager said the properties fit in wherever the Council decides. A developer has shown an interest in the site. Information will be provided to the Council as that issue progresses. The Director of Community Development stated several projects are not on the list due to an oversight. He said he does not know where each fits into the plan but rather the Council needs to provide staff with the communities priorities. The City Manager suggested a list be compiled of all the projects. Then, Council could decide on a priority order of those listed and could also add others. The list would not be split into revenue users and revenue producers. Councilmember Mann and Mayor Kragness agreed with the idea. Mayor Kragness commented each Councilmember could number the projects individually and then the group could decide together. Councilmember Mann commented Erookdale is a major concern and should maybe be the J Y number one priority. Other City businesses would be impressed if they saw Brookdale reinvest in the community. Mayor Kragness and Councilmember Carmody agreed. The Director of Community Development recommended a discussion of projects be put on an agenda. Staff will create a list for CoUncilmembers to amend and prioritize. The City Manager concurred and said the list may be available for next Monday's City Council meeting. The Council stated they will discuss the item further at their next Council meeting. REVIEW OF SURVEY I N V VEST O S FROi 1 DECISION RESOURCES There was a short discussion regarding the draft of survey questions. Both Staff and Councilmembers expressed dissatisfaction with the grouping and language of the questions in the first draft. Specifically, Councilmember Hilstrom commented the questions will not adequately isolate the issues. 5/2/95 - 5 - PRELIMINARY DISCUSSION REGARDING 1996 BUDGET The City Manager, explained the 1996 budget document has, for the first time, itemization by activity. He asked for reaction or recommendations concerning the format. Councilmember Mann stated the new format is easier to understand than the format used previously. The Finance Director noted an attempt will be made to use the same format for the budget as is used for the annual report. There was a discussion regarding the fund balance, including where the funds are generated, whether they are carried over, and their use. The fund balance is needed as operating capital during the first six months of the year before taxes are paid. The Finance Director said the fund builds up over a period of years. Surplus at the end of each year is put into the fund. The surplus comes from actual expenditures being lower than original budget estimates. The annual June Financial report details the amount in the fund balance. The City Manager commented there is a formula which guides appropriations of additional monies when necessary. However, such action has not been necessary in the past as the fund balance has been sufficient. Mayor Kragness asked about the budget in relation to LGA and HACA cots. The City Manager said there are contingencies for one year for that purpose. COLmCilmember Hilstrom asked how a budget can be planned at this time when there are pending cuts. The City tilanager said the plan is to go forward with the budget as usual with a warning that cutbacks may be necessary. There was a discussion concerning tax assessments of retail malls and refunds of tax dollars. Brookdale Mall will come up in the fall. Councilmember Hilstrom asked how a shortfall in the budget would be recovered. The City Manager said the fund balance depends on the point the budget is at, at a given time during the year. It is a balancing act and estimating is the only way to plan. Three percent of property taxes are not collected annually. The Finance Director said it takes two years to determine whether estimates were accurate and draw conclusions. The City Manager stated there is a trend away from property taxes to user fees. For example, liquor license fees could be increased and there could be user fees for storm water utility, street use, and street lights. Such a practice would take fees off the taxes but the money would still come from residents and businesses. Taxes are currently slanted toward all non - homesteaded properties. He asked the Council to consider the idea of more user fees. 5 /2/95 - 6 - Councilmember Hilstrom questioned whether the actual procedure wouldn't be to first decide on the amount of money needed in the budget and then decide on fees. The City Manager cautioned that in the future State Aid (LGA and HACA) may need to be replaced. The Finance Director commented producing monies will not become easier and citizens will react. He added the City already charges residents for false alarm fire and police calls after a certain limit is reached. Inflationary pressures and the loss of CDBG funding are considerations. He stated revenues will come out of new projects but the taxes are always based on the value of the year before. Councilmember Mann asked the date for a joint meeting with the Financial Commission to discuss the budget. The Finance Director stated such a meeting is scheduled in August. Councilmember Mann and Councilmember Hilstrom indicated there has been discussion of holding a joint meeting sooner than August, as August is almost too late in the process. The Finance Director said an earlier meeting can be scheduled. He added there can be major changes in the month of August followiil,- notitication of state funding allocations. He said he would supply a list of possible dates for a joint meeting at the next Council meeting. Council member Hilstrom commented more than one joint meeting may be desirable. Mayor Kragness indicated the Council would like to start the budget process early in order to be very • thorough. The City Manager noted the budget is more complex than it appears to be on the surface. Mayor Kragness said the new budget dUCin1lent is more understandable and easier to read. OTHER BUSINESS There was discussion regarding work session agendas. Councilmember Mann stated the Council should study prioritizing of money from the storm drainage utility. The City Manager said the issue will be covered in the budget consideration .. of the Storm Water Utility and the Capital Improvements Program. The City Manager commented a resident has brought up the issue of travel trailers parked in driveways and also unpaved driveways. Council should consider if it wants to take any action. Mayor Kragness stated she had received calls concerning water fountains in parks which are inoperable. The City Manager explained the drains are plugged with sand by vandals. 5/2/95 - 7 - ADJOURNMENT There was a motion, by ColtnCilmenmber iNlann and seconded by Councilmember Carmody to adjourn the meetin -. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:06 p.m. Deputy City Clerk Mayor I Recorded and transcribed by: Barbara Coll man Timesaver Off Site Secretarial 5/2/95 - 8 - s Iti1INUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 8, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:06 p. m. ROLL CALL Mayor Myrna Kragness and Councilmember Kathleen Carmody. Also present were City Manager Gerald Splinter, Assistant City Manager Nancy Gohman, Director of Public Services Diane Spector, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. Councilmembers Kristen Mann, Barb Kalligher, and Debra Hilstrom were excused from tonight's meeting. • Mayor Kragness noted the City Council meeting could not go forward due to the lack of a quorum of members. ADJOURNMENT The Brooklyn Center City Council was adjourned by Mayor Kragness at 7:07 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial i 5,8,95 1 _ Council Meeting Date May 22 . 1995 City of Broo Center Agenda Item Number 66 Request For Council Consideration Item Description: Proclamation Declaring June 16, 1995, as the Day of the African Child Department Approval: Aia,& �-K—d� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Proclaim June 16, 1995, as the Day of the African Child. Summary Explanation: (supporting documentation attached Yes ) PROCLAMATION DECLARING JUNE 16 1995 AS THE DAY OF THE AFRICAN CHILD WHEREAS, this year marks the fifth consecutive year the Organization of African Unity, UNICEF (the United Nation's Children's Fund), and the U.S. Committee for UNICEF will lead the worldwide commemoration of the Day of the African Child on June 16, 1995; and WHEREAS, the Day of the African Child is held in memory of the tragic uprising and massacre of the children of Soweto, South Africa, in 1976 and is an important international platform for focusing greater public attention and resources for Africa and her children; and WHEREAS, the Day of the African Child provides an opportunity to celebrate all children of African descent and reinforces the need for advocates here and abroad to work tirelessly for the survival, protection, and development of children everywhere; and WHEREAS, as violence poses one of the greatest threats to African children, the theme of this year's campaign is Children in Conflict. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim June 16, 1995, as the Day of the African Child in the City of Brooklyn Center. Date Mayor Attest: Deputy Clerk United States Committee for 0 � 333 East 38th Street i I C New York, NY 10016 (212) 686 -5522 ited Nations Children's Fund Fax (212) 779 -1679 Office of the Chair April 13, 1995 Myrna Kragness Jimmy Carter 6301 Shingle Creek Pkwy Honorary Co -Chair Brooklyn Center, MN 55430 Gerald R. Ford Honorary Co -Chair Dear Mayor Kragness: Hugh Downs For the fifth consecutive year, the Organization of African Unity, Chair UNICEF (the United Nation's Children's Fund), and the U.S. Committee a nd CEO for UNICEF will lead the worldwide commemoration of the Day of the President a Gwendoly a Baker African Child on June 16, 1995. Held in memory of the tragic uprising and massacre of the children of Soweto, South Africa in 1976, Directors the Day of the African Child is an important international Betty Allen platform for focusing greater public attention and resources for Africa Philip R.Beuth and her children. James A. Block, M.D. Zarin M. Boyce In our own country, the Day of the African Child provides Bonnie S. Brier an opportunity to celebrate all children of African de e theme James H. Carey PP scent. Th t e y Lawton Chiles of this year's campaign -- children in conflict -- reinforces the need Frank Clarke for advocates here and abroad to work tirelessly for the survival, RovE.Disnev protection, and development of children everywhere. Aft ill J. Drakos ntFay Please join the international community in commemorating the Sandra Feldman Day of the African Child on June 16. Specifically, we ask that Nancy M.Folger you issue a proclamation from your city and send your signature to the Jay H. Foreman U.S. Committee for UNICEF for inclusion on the list of supportive Gerald W. Frank Marvin J. Girouard leaders and dignitaries. Neale S. Godfrey Samuel L. Guillory, M.D. We also recommend that your city sponsor cultural events, Betsy G. Hansen educational activities, or other celebrations recognizing African and Darryl Hartley-Leonard African - American children. Among the activities being planned at the Madelyn P. Jennings United Nations are an African film series, an interfaith religious Ingrid Saunders Jones service, and a cultural and educational forum for students. Ralph S. Larsen Andrew Lauren Carol Anne Levy Your support for the 1995 Day of the African Child would Terry L.Lierman bear great significance in heralding a brighter and more secure future John S. Long M.D. for Africa's children. Carolyn C. McMillan AbdiParvizian Thank you in advance for recognizing the significance of this Chad J.Peterman occasion and its positive impact on the lives of children. Christine D. Sarbanes Bruce H. Seide Louise Roy Sellars Sincerely, Joseph Shenker Terry Stewart Maxeen Stone - Flower Esther Wachtell James Wood Huh Do s Gwendolyn Calvert Baker Chair President and CEO HD:GCB:ms Every Child Is Our Child. United States Committee for 333 East 38th Street unicef New York, NY 10016 (212) 686 -5522 0 nited Nations Children's Fund Fax (212) ��9 -t679 Contact: Meg Simkin (212) 922 -2623 ------------------------------------- ------------------------------ U.S. COMMITTEE FOR UNICEF COMMEMORATES THE DAY OF THE AFRICAN CHILD ON JUNE 16 Fifth Annual Advocacy Campaign Will Focus on Children in Armed Conflict -------------------------------------------------------------------- New York, NY -- The U.S. Committee for UNICEF, the United Nations Children's Fund, will join UNICEF and the Organization for African Unity in commemorating the fifth annual Day of the African Child on June 16 to advocate for greater resources and public attention for Africa. As violence poses one of the greatest threats to African children, this year's Day of the African Child campaign will explore the theme of children in armed conflict. "The 1995 Day of the African Child commemoration gives us the opportunity to draw attention to the extraordinary challenges facing African children," stated Dr. Gwendolyn Calvert Baker, president and chief executive officer of the U.S. Committee for UNICEF. "The U.S. Committee for UNICEF will work vigorously in its education, advocacy, and fundraising initiatives to ensure the survival, protection, and development of Africa's children and for children worldwide." -more - Every Child Is Our Child. Day of the African Child/ page two Children in Armed Conflict The tragedy in Rwanda can be used as a benchmark from which to measure 9 Y the impact of armed conflict on children. A study commissioned by UNICEF found that even a month after Rwandan children witnessed the bloody coup in their country, they were severely traumatized by what they experienced. Seventy -five percent of the children interviewed in the UNICEF study had seen firsthand someone being killed, over half had seen a family member killed, and most had witnessed mass killings in schools, churches, and other areas. Eighty percent of the children at some point had also feared for their own lives. Overall, there has been a rise in the number of conflict situations around the world. UNICEF finds that 80 percent of casualties from armed conflicts are civilians, mostly women and children. In the past decade, approximately two million children have been killed in armed conflicts, about 12 million have been left homeless, and more than one million have been orphaned. In many cases, children are not only victims as civilians, but also as soldiers. In Liberia, Somalia, and the Sudan, children as young as 10 years old are said to be familiar with the use of weapons. In some areas 11- year -old boys have been conscripted or coerced into military training. -more- . Day of the African Child/ page three The Fifth Year of Advocacy and Celebration As in previous years, the U.S. Committee for UNICEF and UNICEF- -with the support of religious and civic groups and non - governmental organizations- -will coordinate a variety of week -long cultural and educational programs culminating in a United Nations reception on the evening of June 16. Many of the activities are open to the public and target children as well as adults. Among the activities planned for this year's Day of the African Child are a children's event at the United Nations to help educate U.S. schoolchildren about Africa's rich cultural heritage; an interfaith service on the morning of June 16; and a gala event where the U.S. Committee for UNICEF will present the Africa's Future Award to a prominent individual who has demonstrated a strong commitment to African and African - American children. How to Get Involved Individuals, groups, and businesses are encouraged to support the Day of the African Child by contributing to the U.S. Committee for UNICEF's Day of the African Child fund, currently supporting emergency and long -term development programs throughout the continent. The U.S. Committee is also accepting donations earmarked for relief efforts in Rwanda, Somalia, Nigeria, Liberia, and Angola. -more- Day of the African Child/ page four In addition, the Audrey Hepburn Memorial Fund, established in honor of the late actress and beloved UNICEF Goodwill Ambassador, promotes education initiatives for children in Somalia, Ethiopia, and Sudan. For more information on how to participate in the Day of the African Child or to make a contribution, call 1- 800 -FOR -KIDS, or contact the U.S. Committee for UNICEF at 333 East 38th St., New York, NY 10016, (212) 686 -5522. Council Meeting Date 05122/95 3 City of Br ooklyn Center Agenda Item Number 6 Request For Council Consideration Item Description: Resolution Accepting Quote and Authorizing the Purchase of One (1) Zodiac Boat for the Fire Department Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Accepting Quote and Authorizing the Purchase of One (1) Zodiac Boat for the Fire Department • Summary Explanation: (supporting documentation attached Y� S An appropriation of $9,875 was approved in the 1995 fire department capital outlay budget to purchase one Zodiac boat used for diving rescues. Two written quotes have been received. I recommend acceptance of the quote from Great American Marine in the amount of $5,638. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) ZODIAC BOAT FOR THE FIRE DEPARTMENT WHEREAS, an appropriation was approved in the 1995 fire department capital outlay budget for the purchase of one Zodiac boat; and WHEREAS, $9,875 was originally appropriated for the purchase of the Zodiac boat; and WHEREAS, two written quotes were received as follows: Company Quote Great American Marine $5,638 Dive Rescue International 6,556 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) Zodiac boat from Great American Marine in the amount of $5,638 is hereby approved. Date Mayor ATTEST: Deputy 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. DIVE Rlt UE FAX TRANSMITTAL VAG Date: 05/02/95 i AX From: Mary Turner ` 00 �)(.� P p N A,�l� Cs � U O Attention: Ron Bowman Company Rrooklvn CenrQr w ire Dept Fax Number: 612- 561 -0717 Pbone Number: 612-569-3360 Number of Pages: 1 including cover page Comments: Dear Mr. Bowman, As per y our request for pricing information on a Zodiac MK III, Grand Raid, Dive Rescue International submits the following; (1) Zodiac Grand Raid 15'5" $5760.00 each MK III This price does not include freight which would run approximately $300.00. All orders for Zodiac boats must be prepaid at the time the order is placed. Availability will be determined at the time the order is placed. If you have any questions or need additional information, please don't hesitate to call. 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'w, .r 1r ^'G <, ��}q ♦��� 'l t r r i.' ,1 II 1. lS <�j 7 7 � � a �J:.;� !".� �:'"°l�i�wP ,�.+t,..? -�[ y��� ;.},��;4:��*�"'`�5i:�s�� ak �..3eF� .•f3�.r;ti��a3•1C' °Ga, •,`k ; s..��.,.�S���i � �`���.� t'���! t ' Council Meeting Date 5/22/95 3 City of Brooklyn Center _ Agenda Item Number `{ 7; Request For Council Consideration Item Description: Resolution Amending Negotiated Agreement and Authorizing the Purchase of Property for a Storm Water Pond Department Approval: Diane Spector, Dir&tto of Public Service Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution amending a purchase agreement and authorizing the purchase of property for a storm water pond is attached for Council consideration. Summary Explanation: m'3' P (supporting documentation attached ) On April 24, 1995 the City Council authorized the purchase of a .57 acre lot just east of 7100 Brooklyn Boulevard, to be the location of the south storm water detention pond for the Woodbine Neighborhood improvement. At that time, staff believed it had an agreement with the owner for a purchase price of $70,000. The property owner is now unwilling to sell the property for $70,000; we have negotiated him down to $75,000, which we still believe is a reasonable cost for that property, and is certainly less than what we would have to pay should we have to acquire property for the pond through condemnation. We recommend that the Council authorize this amendment to the purchase agreement. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING NEGOTIATED AGREEMENT AND AUTHORIZING THE PURCHASE OF PROPERTY FOR A STORM WATER POND WHEREAS, by Resolution No. 95 -53 adopted on February 13, 1995, the City Council ordered Improvement Project No. 1995 -08, Woodbine Neighborhood Storm Drainage Improvements, in conjunction with other street and utility improvements; and WHEREAS, said storm drainage improvements include the construction of a storm water detention and treatment pond to serve the southerly portion of the "Woodbine Neighborhood "; and WHEREAS, the Engineer's Estimate of the project cost included $50,000 for purchase of property on which to construct said pond; and WHEREAS, the owner of the property legally known as Lot 2 Block 17100 CORPORATE PLAZA 2ND ADDITION has agreed to sell to the City a .57 acre lot to be used for a storm water detention and treatment pond, at a purchase price of $75,000; and WHEREAS, the Council on April 24, 1995 had approved a negotiated agreement, at a purchase price of $70,000; and WHEREAS, staff advise the Council that said amended negotiated price is - fair and reasonable compensation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The terms of the amended purchase agreement are hereby approved. 2. The City Attorney is authorized and directed to proceed with arrangements for the purchase of Lot 2 Block 17100 CORPORATE PLAZA 2ND ADDITION for the purpose of a storm water detention and treatment pond. 3. All property acquisition costs shall be charged to Improvement Project No. 1995- 08, Woodbine Neighborhood Storm Drainage Improvements. Date Mayor ATTEST: Deputy 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. Council Meeting Date 0522/95 3 City of Brooklyn Center Agenda Item Number 6 11 15 - 4 Request For Council Consideration • Item Description: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -11, CONTRACT 1995 -G, BROOKLYN DRIVE SANITARY SEWER MANHOLE REPAIR Department Approval: X t zt zz Sco Brink, City Eng' eer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution approving plans and specifications and authorizing advertisement for bids, Improvement • Project No. 1995 -11, Contract 1995 -G, Brooklyn Drive Sanitary Sewer Manhole Repair. Summary Explanation: (supporting documentation attached Yes ) On April 10, 1995 the City Council, by Resolution 95 -102 established Corrugated Metal Pipe Sanitary Sewer Trunk Relining, Improvement Project No. 1995 -11, Contract 1995 -E. On April 24, 1995, the City Council, by Resolution 95 -110, approved the plans and specifications and authorized advertisement for bids. One existing sanitary manhole located at Brooklyn Drive with its intersection of the CMP trunk sanitary sewer must be repaired prior to the CMP relining. Due to the nature of the construction requirements for this repair, the Engineer deems it is in the best interest to advertise for bids for a separate contractor to complete this specialized repair. The estimated cost is $18,900.00 and was included in the contract estimate of $1,078,000 as approved by Resolution 95 -102. 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -11, CONTRACT 1995 -G, BROOKLYN DRIVE SANITARY SEWER MANHOLE REPAIR WHEREAS, the City Council on April 10, 1995 per Resolution 95 -102, established Improvement Project No. 1995 -11 and authorized preparation of plans and specifications; and WHEREAS, the City Council on April 24, 1995 per Resolution 95 -110, approved plans and specifications and authorized advertisement for bids; and WHEREAS, the City Engineer has prepared the plans and specifications for Improvement Project No. 1995 -11, Contract 1995 -G, Brooklyn Drive Sanitary Sewer Manhole Repair. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The specifications for Contract 1995 -G for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the Deputy City Clerk. 2. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. RESOLUTION NO. Date Mayor ATTEST: Deputy 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 1 u _ 0 0 �I OD I — ° I pD I < rn < i rn wmi - o � ' o _ -o C • z _ m v I N 0 I I co rn S c A - N-I --- -� I i BIT. WVATER ER. DRIVEWAY 4 I I 30' SAN.SEWER EASMT. CONC. CURB _ �- 24" ABCP — < • - 24" MCMP �� OVERHEAD -�� ABANDONED &PLUGGED i — ____ ____p — P 10' DRAINAGE EASEMENT • , -� NNU)W 1+ KDZ W C "U O NN0 OD K"U - �\ OX \\ WPwDD pO rT1 o O { �\ Z rn �� rn � cn rn X ..� • - u X rn A 0 - u, D� D0 Y EXISTING M.H. TOP OF CASTING 850.50 tr ' M 1 ° i � • I f M 1 11 MAINTAIN / EAST— WEST • / FLOW s N LENGTH TO BE DETERMINED BY 22 1/2 BENDS EXIST. REPLACE BRICK • 24" C.M.P.' EXIST 24" C.M.P. OPENING AND C.M.P DROP ' INV. 833.04 ' 4 •- 1 ./p ` / INV. 830,04 15 R.C.P. 22 1 /2° BENDS SEXIST. EXIST. INV. 829.60 Council Meeting Date 05/22/95 / G Chy of Brooklyn Center Agenda Item Number Description: Item Descri P Request F Council Consideration • RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS Department Approval: Diane Spector, Directo of Public Se rvi e Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution awarding assessment stabilization grants. e Summary Explanation: (supporting documentation attached ) The attached resolution represents assessment stabilization grants for Levy Nos. 13372 and 13373. Additional grants are anticipated and will be forwarded for Council action. • r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 13372 and 13373 for the following improvements: WOODBINE NEIGHBORHOOD STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -07 WOODBINE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -08 WHEREAS, Special Assessment Levy Nos. 13372 and 13373 were approved by the City Council on March 27, 1995; and WHEREAS, the City Council has adopted an Assessment Stabilization Program to provide economic assistance to low income property owners in the form of grants to reduce or pay in full their special assessments for street improvement projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Certain property owners are eligible for a grant to pay the entire amount of their special assessment. Special Assessment Levy No. 13372 is hereby amended to delete the following assessment: PID # Amount 27- 119 -21 -31 -0065 $1,700 27- 119 -21 -32 -0085 $1,700 Special Assessment Levy No. 13373 is hereby amended to delete the following assessment: PID # Amount 27- 119 -21 -31 -0065 $725.00 27- 119 -21 -32 -0085 $725.00 2. Certain property owners are eligible for a grant to pay some part of their special assessment. Special Assessment Levy No. 13372 is hereby amended to reduce the following assessments as noted: RESOLUTION NO. PREVIOUS PID # AMOUNT REDUCED TO 27- 119 -21 -31 -0011 $1 ,700 $707.00 27- 119 -21 -31 -0040 $1,700 $769.00 27- 119 -21 -31 -0091 $1,700 $1,334.00 27- 119 -21 -31 -0101 $1,700 $693.00 27- 119 -21 -31 -0103 $1,700 $851.00 27- 119 -21 -32 -0012 $1,700 $1,214.00 27- 119 -21 -32 -0067 $1,700 $1,214.00 27- 119 -21 -32 -0094 $1,700 $171.00 Special Assessment Levy No. 13373 is hereby amended to reduce the following assessments as noted: PREVIOUS PID # AMOUNT REDUCED TO 27- 119 -21 -31 -0011 $725.00 $303.00 27- 119 -21 -31 -0040 $725.00 $329.00 27- 119 -21 -31 -0091 $725.00 $572.00 27- 119 -21 -31 -0101 $725.00 $297.00 27- 119 -21 -31 -0103 $725.00 .$364.00 27- 119 -21 -32 -0012 $725.00 $520.00 27- 119 -21 -32 -0067 $725.00 $520.00 27- 119 -21 -32 -0094 $725.00 $73.00 3. All costs associated with these grants shall be funded from Local State Aid Account #2900. Date Mayor ATTEST: Deputy 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. Council Meeting Date 5/22/95 3 City of Br oo klyn Center. Agenda Item Number (4 / as Request For Council Consideration VVV • Item Description: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, CONTRACT 1995 -D, HUMBOLDT AVENUE STREET AND UTILITY IMPROVEMENTS, 69TH AVENUE TO 73RD AVENUE Department Approval: �r 17 / Scott Brink, City Engineer /Y Vr✓ �y; Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which accepts the low bid and awards a contract to Midwest Asphalt Corporation of • Hopkins, MN is attached for consideration. Summary Explanation: (supporting documentation attached �) Bids for Contract 1995 -D were received on May 11, 1995. This contract consists of a street utility reconstruction for Humboldt Avenue, 69th to 73rd Avenue. The bidding results are as follows: Bidder Bid Amount Midwest Asphalt $399,714.52 C.S. McCrossan $401.939.40 Valley Paving $412,462.42 Driveway Design $423,816.70 Hardrives $436,379.52 Thomas & Sons $461,986.46 Master Asphalt $478,337.25 Of the seven bids received, the lowest bid of $399,714.52 was submitted by Midwest Asphalt Corporation of Hopkins, MN. This compares favorably to the previously established Engineer's Estimate of $391,160.90. On February 17th the Engineer's preliminary estimated construction cost was submitted to the City Council in the amount of $309,744. Further analysis based on sewer televising which was not available at the time, showed that additional storm sewer installation and sanitary sewer replacement would be necessary. These costs were • estimated at $81,416.90. The revised Engineer's Estimate is $391,160.90. Midwest Asphalt Corporation has experience in performing all of the various items of work included in this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Midwest Asphalt Corporation of Hopkins, MN. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, CONTRACT 1995 -D, HUMBOLDT AVENUE STREET AND UTILITY IMPROVEMENTS, 69TH AVENUE TO 73RD AVENUE WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1994 -05 and 06, bids were received, opened, and tabulated by the Deputy City Clerk and Engineer, on the 11th day of May, 1995. Said bids were as follows: Bidder Bid Amount Midwest Asphalt $399,714.52 C. S. McCrossan $401.939.40 Valley Paving $412,462.42 Driveway Design $423,816.70 Hardrives $436,379.52 Thomas & Sons $461,986.46 Master Asphalt $478,337.25 WHEREAS, it appears that Midwest Asphalt Corporation, of Hopkins, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City :Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation H of Hopkins, Minnesota in the name of the City of Brooklyn Center, for Improvement Proejct Nos. 1995 -05 and 06, according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy 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. 3. The estimated project costs and revenues are as follows: RESOLUTION NO. Per Feasibility As Amended Estimated Costs Report Per Low Bid Contract $391,160.00 $399,714.52 Contingency (15 %) 58,674.00 10% 39,971.45 Sub -Total Construction $449,834.00 $439,685.97 Admin, Engr. & Legal (5%) 22,491.00 (5%) 21,984.30 Landscaping 25,000.00 25,000.00 Utility Undergrounding 140,000.00 140,000.00 Estimated Total Project Cost $637,325.00 $626,670.27 Estimated Project Per Feasibility As Amended Revenues Report Per Low Bid Regular State Aid 392,689.00 380,614.70 Local State 'Aid 130, 896.00 126, 871.65 Storm'Draiftage Utility 40,170.00 0.00 Sanitary Sewer Utility 22, 870.00 68,481.00 Special Assessments 50,700.00 50,702.92 $637,325.00 $626,670.27 Date Mayor ATTEST: Deputy 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 Council Meeting Date 5/22/95 i 3 City of Brooklyn Center _ Agenda Item Number 22 Request For Council Consideration • Item Description: Resolution Amending the 1995 Liquor Fund Budget and Awarding the Bid for Three Safes for the Liquor Stores Department Approval: Charlie HansennEzaan Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Amending the 1995 Liquor Fund Budget and Awarding the Bid for Three Safes for the Liquor Stores Summary Explanation: (supporting documentation attached ) In the past year there have been two occasions where money was stolen from safes in the liquor stores. The first time, a customer gained access to the office by requesting to use the rest room and picked the • combination. Another time an off duty employee, (now former employee), used the same ploy and removed cash from a safe. The safes we are proposing to buy will be top load drop safes which eliminate the need for all employees to know the combination. They also will have electronic keypads instead of dial combination locks which will make them harder to pick and the combinations easier for the manager to change. While the amount of money lost so far is small, less than $200.00, we feel the fact that these old safes are easy to pick makes the Liquor Stores an attractive target and exposes the City to a risk that goes beyond the cash lost. The 1995 Liquor Fund Budget anticipated a net income of $29,088. This purchase would reduce that net income. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1995 LIQUOR FUND BUDGET AND AWARDING THE BID FOR THREE SAFES FOR THE LIQUOR STORES WHEREAS, the City Council adopted Resolution 94 -269 on December 19, 1994 which set a 1995 operating budget for the Liquor Stores; and WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to increase a budget appropriation if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the safes currently in use in the Liquor Stores were purchased in 1971 and 1972; and WHEREAS, the mechanical condition of these safes have been declining and they no longer provide security for the Liquor Stores' cash; and WHEREAS, two bids for safes at each liquor store were received as follows: Floyd Total Security, Inc. $4,706.24 ,Doyle Lock Supply Co. $4,137.53 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. the 1995 Bud of the Liquor Stores is amended to increase the appropriation for capital outlay by $4,138.00. 2. that the purchase of three safes from Doyle Lock Supply Co. at a total cost of $4,137.53 is hereby approved. .Date Mayor ATTEST: Deputy 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. Council Meeting Date 5(2211995 • City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Recommendation of Financial Commission Regarding Amendment of the Adequate General Fund Balance Formula Contained in the Financial Management Policies Department Approval: CkA/L l?i 14 a� Charlie Hansen, e Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Discuss the attached Adequate General Fund Balance Formula and decide if the Financial Management Policies should be amended to include. Summary Explanation: (supporting documentation attached Yes ) • The City's Financial Management Policies contain an Adequate General Fund Balance Formula. Its purpose is to analyze the need for working capital and emergency reserves - and objectively set a level for the fund balance. For the last several years, the formula has indicated that the fund balance is short of what it should be. The Financial Commission wanted to review this situation to determine if this shortfall was accurate or if the formula needed to be changed to keep up with developments in the City's financial situation. After the review, the Financial Commission concluded that changes would be appropriate. The recommended changes have the effect of slightly reducing the level of fund balance the formula establishes as a goal. The Financial Commission met on April 12, 1995 to consider a proposal to amend the Financial Management Policies to include a revised Adequate General Fund Balance Formula. The Financial Commission wishes to inform the City Council of a motion it approved at this meeting. Commissioner Ned Storla moved that the formula identified in the agenda packet as "Revision #2" be recommended to the City Council for inclusion in the City's Financial Management Policies in place of the original formula. Commissioner Jay Hruska seconded the motion and all voted in favor of its adoption. The City's Adequate General Fund Balance Policy Formula was originally adopted in 1980 and was revised and updated in 1990. Its purpose is to determine a fund balance level which should be maintained in the General Fund to provide working capital and a cushion against unforeseen events such as revenue shortfalls. • Request For Council Consideration Page 2 For the last several years, the formula has indicated that the General Fund Balance was short of its desired level. The shortage was caused by operating deficits of $81,089 in 1989, $326,447 in 1990, • $101,451 in 1991, and $67,923 in 1992. It was aggravated by transfers from the General Fund to the Central Garage Fund of $750,000 in 1993 and $200,000 in 1994. These transfers were needed to cover past year's depreciation for vehicles and equipment that the Central Garage became responsible for replacing. Given the persistence of the shortages shown up by the Adequate General Fund Balance Policy Formula, it was suggested that the Financial Commission should revise the formula to give the General Fund some credit for cash in the Central Garage Fund which in the past would have resided in the General Fund. Several alternative formulas were developed by staff and discussed by the Financial Commission. The following pages represent the Formula as it currently exists with actual year end balances from 1993 and 1994, and the amended formula recommended by the Financial Commission. A brief description of the assumptions behind each formula follows: 1. This is the existing formula using actual year end data from December 31, 1993. It shows a deficiency of $911,572 in the fund balance. 2. This is the existing formula using actual year end data from December 31, 1994. It shows a deficiency of $600,711 in the fund balance. • 3. This is identified in the heading as Revision #2. I decided to try eliminating the item Uncollected Taxes, which I have always felt didn't belong in the line 2. "Less Items Not Readily Convertible to Cash". My reason for opposing this item is that a liability called Deferred Revenue has already been set up on the General Fund's balance sheet to offset Uncollected Taxes. By including it in the formula, we are actually deducting it from fund balance twice. I have always felt the line 8. "Less Amounts to be Reserved for Other Purposes ", over did the deduction for possible shortfalls in revenue estimates. This is more true now that we have begun to budget for a 3 % estimated uncollectible for property taxes. So I reduced this line to just 5 % of all revenues. The 3 % estimated uncollectible is a far more powerful tool for dealing with revenue shortfalls because it is levied anew each year. Reservation of the fund balance is less powerful because if those dollars are used once, they are gone. This formula shows a deficiency of $88,877 in the fund balance as of December 31, 1994. The Financial Commission recommended the amended formula based upon the following advantages it identified: 1. It corrects what I feel are two flaws in the current formula. 2. The concept of giving credit for balances in the Central Garage has the disadvantage of complexity. We will always have to explain why we are taking credit for the balance in another fund. We also have to worry about how the Central Garage will change over time. I expect e its fund balance to grow, but much of that growth will be made up of fixed assets rather than cash. The formula shouldn't take credit for fixed assets. adfdbt93 CITY OF BROOKLYN CENTER ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 SAS SET FORTH IN M&C NO 80--31 AND AMENDED FEBR ARY 26, 119 Ol 1. Latest Audited Total Fund Balance At December 31, 1993 $4,610,729 2. Less Items Not Readily Convertible to Cash: a. Uncollected Taxes 183,987 b. Accounts Receivable 50,988 c. Advances to Other Funds 105,074 -------- - - - - -- $340,049 3. Fund Balance Convertible to Cash $4,270,680 4. Less Amount Appropriated to the General Fund Current Year Budget: 1994 $0 5. Amount Available Before Deduction for Working Capital $4,270,680 6. Less Amounts to be Reserved for Working Capital: (40% of Total General Fund Current Year Budget) 40% of. 10,913,445 = $4,365,378 7. Amount Available After Deduction for Working Capital ($94,698) 8. Less Amounts to be Reserved for Other Purposes: a. Reserve for Delinquent Taxes: (5% of Taxes Levied for General Fund in Current Year Budget) 5% of. 5,489,414 = 274,471 b. Reserve for Overestimation of Other Revenues: (10% of General Fund Other Revenues in Current Year Budget) 10% of: 5,424,031 = 542,403 -------- - - - - -- $816,874 i 9. Amount Available per Formula for Other Use ($911,572) Formula 4/12/95 adf&194 CITY OF BROOKLYN CENTER ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 AS SET FORTH IN M &C NO 80-31 AND AMENDED FEBRUARY 26 1990) 1. Latest Audited Total Fund Balance At December 31, 1994 $5,214,413 2. Less Items Not Readily Convertible to Cash: a. Uncollected Taxes 237,996 b. Accounts Receivable 42,151 c. Advances to Other Funds 105,074 -------- - - - - -- $385,221 3. Fund Balance Convertible to Cash $4,829,192 4. Less Amount Appropriated to the General Fund Current Year Budget: 1995 $0 5. Amount Available Before Deduction for Working Capital $4,829,192 6. Less Amounts to be Reserved for Working Capital: (40% of Total General Fund Current Year Budget) 40% of $11,457,923 = $4,583,169 7. Amount Available After Deduction for Working Capital $246,023 8. Less Amounts to be Reserved for Other Purposes: a. Reserve for Delinquent Taxes: (5% of Taxes Levied for General Fund in Current Year Budget) 5% o£ $5,981,165 = 299,058 b. Reserve for Overestimation of Other Revenues: (10% of General Fund Other Revenues in Current Year Budget) 10% o£ $5,476,758 = 547,676 -------- - - - - -- $846,734 9. Amount Available per Formula for Other Use {$600 ----- Formula 4/6/95 adfdbl94 CITY OF BROOKLYN CENTER r ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 (AS SET FORTH IN M &C NO 80 -31 AND AMENDED FEBRUARY 26 1990) Revision #2 for Removal of Uncollected Taxes from Category #2 and Changing to the Revenues Reserve to 5% of all Revenues 1. Latest Audited Total Fund Balance At December 31, 1994 $5,214,413 2. Less Items Not Readily Convertible to Cash: a. Accounts Receivable 42,151 b. Advances to Other Funds 105,074 -------- - - - - -- $147,225 3. Fund Balance Convertible to Cash 5 $ ,067,188 4. Less Amount Appropriated to the General Fund Current Year Budget: 1995 $0 • 5. Amount Available Before Deduction for Working Capital $5,067,188 6. Less Amounts to be Reserved for Working Capital: (40% of Total General Fund Current Year Budget) 40% of $11,457,923 = $4,583,169 7. Amount Available After Deduction for Working Capital $484,019 8. Less Amounts to be Reserved for Other Purposes: a. Reserve for Overestimation of Revenues: (5% of General Fund Revenues in Current Year Budget) 5% of - $11,457,923 = 572,896 9. Amount Available per Formula for Other Use ($88877) Revision2 4/6/95 MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER MAY 4, 1995 CITY HALL, COUNCIL CHAMBERS CALL TO ORDER Chair Donn Escher called the meeting to order at 7:00 P.M. in the City Hall Council Chambers. ROLL CALL Present at roll call were Chair Donn Escher, Commissioners: Lee Anderson, Ned Storla, Larry Peterson, Jay Hruska, and Phillip Roche. Also present were Council Liaison Kathleen Carmody, City Manager Gerald Splinter, and Finance Director Charlie Hansen. Also present was Nancy arlson. Commissioner La Peterson erson arrived at 7:35 P.M. Approval of Minutes A correction was noted that Jay Hruska and Phillip Roche abstained from voting on the minutes of the March 2 1995 since the were attending their first y g r f meeting on April 12. A motion was made by Commissioner Phillip Roche to approve the minutes of the April 12, 1995 meeting as corrected. Commissioner Jay Hruska seconded the motion and all members voted in its favor. General Fund Budget Prioritization Process A summary of the 1992 prioritization list was included in the agenda packets with check marks • by recommendations which have been implemented. Donn Escher asked what a street light utility is. Jerry Splinter explained that it would be an enterprise with a user fee on the utility bill. Phillip Roche asked if all of the implemented recommendations continued in effect today. Charlie Hansen answered that a few items had proved to be impractical or otherwise failed, but the great majority are still in effect. Delivery of Adopted 1995 Budget Jerry Splinter described the new budget format as having more narratives and less line item detail than the old budget. It is designed to be oriented toward policy making decisions by the City Council. Jay Hruska asked if the accounting system is up to speed so that actual expenditures can be compared to budget. Charlie Hansen answered that the computer system has the capability but that some employee training is needed to capture data on timesheets and coding invoices to fit the new system. Memo on Future Agenda Items Jerry Splinter distributed a memo which had been discussed at the May 2, 1995 City Council Worksession and reviewed it with the Commission. The first section dealt with tax increment financing projects. Depending upon their nature and location, various projects will be producers of T.I.F., users of T.I.F., or both a user and producer of T.I.F. One of the challenges is to time and balance these projects in such a way that demands for T.I.F. revenue don't exceed the supply. i Memo on Future Agenda Items continued An early draft of questions for the community survey was distributed. It was put together by Decision Resources and the staff has identified a number of modifications to be made before the telephone survey is done, probably in June. A list of six issues that are likely to have major impact on the 1996 budget was discussed. Actions of the State Legislature on Budget Issues Jerry Splinter gave a summary of actions at the State Legislature. The Governor, Senate, and House of Representatives each have their own agendas. There is little chance of predicting the outcome before the Legislature adjourns. Next Meeting The City Council requested that the Financial Commission propose possible dates for a joint meeting in June to discuss the 1996 budget. Monday June 19, Wednesday June 21, and Thursday June 29 were chosen. The next meeting after that will be Thursday, July 13, 1995 at 7:00 P.M. ADJOURNMENT At 9:00 P.M. Commissioner Larry Peterson made a motion which was seconded by Commissioner Jay Hruska to adjourn the meeting. The motion passed unanimously. CITY OF BROOKLYN CENTER GENERAL FUND BALANCE COMPARISON OF ACTUAL TO RECOMMENDED 1988-1994 FUND BALANCE ACTUAL RECOMMENDED BY EXCESS FUND ADEQUATE FUND OR YEAR BALANCE BALANCE FORMULA DEFICIENCY 1988 5,657,535 5,193,451 464,084 1989 5,569,072 5,687,202 - 118,130 1990 5,210,026 5,912,876 - 702,850 1991 5,108,575 5,936,529 - 827,954 1992 5,040,652 5,542,455 - 501,803 1993 4,610,729 5,522,301 -911,572 1994 5,214,413 5,815,124 - 600,711 UNDER REVISED FORMULA 1994 5,214,413 5,303,290 - 88,877 CITY OF BROOKLYN CENTER GENERALFUND BUDGET PERFORMANCE 1985-1994 SURPLUS ACTUAL ACTUAL ACCTING TRANSFERS OR YEAR REVENUES EXPEND CHANGE OUT DEFICIT 1984 6,974,785 6,167,679 600,000 207,106 1985 7,277,746 6,828,073 449,673 1986 7,694,204 7,154,524 539,680 1987 7,807,894 7,656,004 151,890 1988 8,916,546 8,506,780 409,766 1989 9,323,443 9,069,945 341,961 - 88,463 1990 9,108,070 9,467,116 - 359,046 1991 9,833,990 9,935,441 - 101,451 1992 9,622,351 9,690,274 - 67,923 1993 10,027,602 9,707,525 750,000 - 429,923 1994 10,745,742 9,942,057 200,000 603,685 City of BROOKLYN CENTER, MINNESOTA i FINANCIAL MANAGEMENT POLICIES ADOPTED JUNE 8 , 1992 I. PURPOSE The City of Brooklyn Center has a responsibility to its citizens to carefully account for public funds, to manage municipal finances wisely, and to plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities. The City also has the responsibility to its citizens to provide both short-term and long -term future financial stability. The City must ensure that it is capable of adequately funding and providing local government services needed by the community. Further, the financial policies set forth herein, provide the basic framework for the overall fiscal management of the City. Operating independently of changing circumstances and conditions, these policies assist the decision making process of the City Council and Administration. Most of the policies represent long standing principles, traditions and practices which have guided the City in the past and have helped maintain financial stability over the past years. These financial policies will be reviewed periodically to ascertain if modifications are necessary. H. OBJECTIVES In order to achieve this purpose, this plan has the following objectives for the City's fiscal performance: 1. To protect the City Council's policy - making ability by ensuring that important policy decisions are not controlled by financial problems or emergencies and to prevent financial difficulties. 2. To provide sound principles to guide the important decisions of the City Council and of management which have significant fiscal impact and to enhance the City Council's policy - making ability by providing accurate information on program costs. 3. To set forth operational principles which minimize the cost of local government, to the extent consistent with services desired by the public and which minimize financial risk. 4. To employ revenue policies which prevent undue or unbalanced reliance on certain revenues, especially property taxes; which distribute the costs of municipal services fairly; and which provide adequate funds to operate desired program and assist June 8, 1992 -1- sound management of the city government by providing accurate and timely information on financial conditions. 5. To rovide essential f p public facilities and prevent deterioration of the Cit s ublic P P Y P facilities and its capital plant. 6. To protect and enhance the City's credit rating and prevent default on any municipal debts. 7. To ensure the legal use and protection of all City funds through a quality system of financial and internal controls. 8. The City Will maintain a Risk Management Program that will minimize the impact of legal liabilities, natural disasters or other emergencies. III. FINANCIAL MANAGEMENT POLICIES dal Irprvvtnenx Bde P pCe� 1. The City will make all capital improvements in accordance with an adopted Capital Improvement Budget. 2. The City will develop a multi -year plan for capital improvements and update it at least biennially. 3. The City will enact an annual Capital Budget based on the multi -year capital improvement plan. Future capital expenditures necessitated by changes in population, changes in real estate development, or changes in economic base will be calculated and included in Capital Budget projections. 4. The City will coordinate development of the Capital Improvement Budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in operating budget forecasts. 5. The City will use intergovernmental assistance to finance only those capital improvements which are consistent with the adopted capital improvement plan and P P P P City priorities, and for which operating and maintenance costs have been included in operating budget forecasts. 6. The City will project its equipment replacement and maintenance needs for the next several years and will update this projection each year. From this projection, a maintenance and replacement schedule will be developed and followed. 7. The City staff will identify the estimated costs and potential funding sources for each capital project proposal before it is submitted to the City Council for approval. June 8, 1992 -2- 8. The City will determine the least costly financing method over the length of all new projects. 1. The City will attempt to maintain a diversified and stable revenue system to shelter it from short-run fluctuations in any one revenue source and to minimize property taxes. 2. The City will estimate its annual revenue by an objective conservative analytical process. 3. The City will project revenues for the next three years and will update this projection annually. Each existing and potential revenue source will be reexamined annually. 4. The City will maintain sound appraisal procedures to keep property values correct. Property will be assessed at the legally mandated market value for each type of property. Reassessments will be made of all property at least every four years. 5. The City will follow an aggressive policy of collecting property tax revenues. The annual level of uncollected property taxes should generally not exceed two percent. 6. Each year the City will recalculate the full costs of activities supported by user fees to identify the impact of inflation and other cost increases. 7. The City staff will recommend revised user fees with review by the City Council on an annual basis, to adjust for the effects of inflation on the City's cost of providing services. 8. The City will set fees and user charges for each Enterprise Fund, such as Water and Sewer, at a level which fully supports the total direct and indirect costs of the activity. Indirect costs include the cost of annual depreciation of capital assets. 9. Whenever user charges and fees are determined to be appropriate for City services, those charges and fees will generally be established at a level which will recover the full cost of providing the service, including administrative costs. 1. The City will confine long -term borrowing to capital improvements or projects which cannot be financed from current revenues. 2. When the City finances capital projects by issuing bonds, it will pay back the bonds within a period not to exceed the expected useful life of the project. June 8, 1992 -3- I On all projects, at least 50% of the principal shall be retired within ten years. 4. The City will attempt to keep the average maturity of General Obligation Bonds at or below 20 years. 5. Total debt service for General Obligation debt will not exceed five percent of total annual locally generated operating revenue in the general, special revenue, and proprietary funds. 6. Total General Obligation debt will not exceed two percent of the market valuation of taxable property. 7. Where possible, the City will use special assessment, revenue or other self - supporting bonds instead of General Obligation Bonds. 8. The City will not incur debt to support current operations. 9. The City will maintain good communications with bond rating agencies regarding its financial condition. The City will follow a policy of full disclosure in every financial report and bond prospectus. 10. Direct net -debt (gross debt less debt fully supported by revenues) per capita shall ,not exceed $600 per capita. 11. The City will require Minimum Assessment (Taxable Valuation) Agreements on all projects in which the City is providing development assistance through tax increment financing or committing its bonding authority. This will ensure minimal cash flow (increment) to repay obligations, provide another level of review before commitment (by the City Assessor), and to the minimal value agreed upon, eliminate tax appeals during the agreement period. D Be�e�e Pc)lred�s ... 1. The City will maintain an undesignated and unreserved General Fund balance in an amount determined by applying the Adequate General Fund Balance Policy Formula as established by the City Council. The formula shall be reviewed annually by the City Council. The formula shall be designed to establish a fund balance at a level which is sufficient to avoid issuing debt to meet current operating needs. 2. If the City Council deems it appropriate to reduce fund balances for the portion above the formula amount, such reductions shall not exceed 50% of the excess for one year. June 8, 1992 -4- Irtstra �'p�xs 1. The City will make cash flow analysis of all funds on a regular basis. Disbursement, collection and deposit of all funds will be scheduled to ensure maximum cash availability. 2. When ermitted b law, the City will pool cash from several different funds for P Y Y P investment purposes. 3. The City will invest at least 98 percent of its idle cash on a continuous basis. 4. The City Y will anal d it ions market con i ' ons and investment securities s to determine what yield can be obtained, and attempt to secure the best possible return on all cash investments. 5. The City's accounting system will provide regular information concerning cash position and investment performance. 6. The City will maintain a formal written investment policy which will contain legal and administrative guidelines necessary to ensure that the City's available funds will be invested to the maximum extent possible, at the highest rates obtainable at the time of the investment, consistent with minimizing credit and market risk and which provides proper safeguards for the keeping of the City's investments ' urli n e Re nd rt n la Aevcng, g 1. The City will establish and maintain a high standard of accounting practices. 2. The accounting system will maintain records on a basis consistent with accepted standards for local government accounting using a modified accrual basis of accounting for all governmental funds and an accrual basis of accounting for Enterprise and Internal Service Funds. Accounting policies will reflect the principle of charging current taxpayers and /or users for the full cost of providing current services. 3. Regular monthly and annual financial reports will present a summary of financial activity by major types of funds. 4. Where possible, the reporting system will provide monthly information on the total cost of specified services by type of expenditure and, if necessary, by fund. 5. An independent public accounting firm will perform an annual audit and will publicly issue an opinion concerning the City's finances. June 8,1992 -5- R 1Vlxzaemnt PQl�ee� 1. The City Will maintain a Risk Management Program that will minimize the impact of legal liabilities, natural disasters or other emergencies through the following activities: a. Loss Prevention. Prevent negative occurrences. b. Loss Control. Reduce or mitigate expenses of a negative occurrence. C. Loss Financing. Provide a means to finance losses. d. Loss Information Management. Collect and analyze relevant data to make prudent loss prevention, loss control and loss financing decisions. 2. The City's Risk Management Program will: a. Analyze all of the City's risks. b. Avoid risks whenever possible. C. Reduce risks whenever possible. d. Transfer risks to other entities when possible. e. Of those risks that must be retained, it shall be the City's policy to fund risks which the City can afford and transfer all other risks to insurers. 3. The City will maintain an active Safety Committee comprised of City employees. 4. The City will periodically conduct educational safety, and risk avoidance programs, through its Safety Committee and with the participation of its insurers, within its various departments. 5. The Safety Committee will report to the City Manager, at least annually, on the results and costs of the City's Risk Management Program for the preceding year. The City Manager shall report annually to the City Council. Qper Be Plteaes 1. In accordance with Chapter 7, Section 7.06 of the City Charter, the total sum appropriated in the General Fund annual budget, shall be equal to the total estimated General Fund revenue and the allocated General Fund balance. 2. The City will pay for all current expenditures with current revenues. The City will avoid budgetary procedures that balance current expenditures at the expense of meeting future year's revenues, or rolling over short -term debt, or that rely on accumulated fund balances to meet current obligations. 3. The City will annually appropriate a contingency appropriation in the General Fund budget, not to exceed five percent of the total budget, to provide for unanticipated expenditure of a non - recurring nature. 4. The City Manager, when submitting the Proposed Budget to the City Council, shall submit a balanced budget in which appropriations shall not exceed the total of the June 8, 1992 -6- estimated General Fund revenue and the fund balance available after applying the Adequate General Fund Balance Formula. 5. Prior to adopting the General Fund Annual Budget, the City Council shall review the Adequate General Fund Balance Policy Formula. 6. In the event that there is a shortfall of revenues in a current year budget, the City Manager may recommend the use of a portion of the General Fund balance not to exceed the amount available after deducting amounts reserved for items not readily convertible to cash or reserved for working capital or already appropriated to the General Fund current budget as shown on the most recent Adequate General Fund Balance Policy Formula as established by the City Council. 7. The budget will provide for adequate maintenance of the capital plant and equipment, and for their orderly replacement. 8. The budget will provide for adequate funding of all retirement systems. 9. The City will maintain a budgetary control system to assist in adhering to the budget. 10. The City administration will prepare regular monthly reports comparing actual revenues and expenditures to the bud amount. 11. Each year the City will update expenditure projections for its Enterprise Funds for the next three years. Projections will include estimated operating costs of future capital improvements included in the Capital Budget. 12. The Operating Budget will describe the major goals to be achieved, and the services and programs to be delivered for the level of funding provided. 13. Where possible, the City will integrate performance measurement and productivity indicators with the budget. 14. Enterprise funds shall be budgeted to have positive net income plus a sufficient margin to provide for replacement cost of property, plant, and equipment. f Et�ttes Pt�fcy The City will maintain, and periodically review, a formal written ethics policy for all City employees and elected officials. The City's independent auditors shall be required, in the course of their audit, in the form of their management letter, to report any conditions that appear to be violations of our financial management policy. June 8, 1992 -7- City of BROOKLYN CENTER, MINNESOTA FUND BALANCE POLICY I. PURPOSE On December 22, 1980, the City Council adopted an "Adequate General Fund Balance Policy Formula" as set forth in M &C No. 80 -31. Since State Statutes, the City Charter, or City Ordinances do not regulate the size of a City's General Fund Balance, the purpose of the policy formula is to determine what a reasonable amount should be held by the City's General Fund in reserve and provide a way of measuring that amount on an annual basis. The fund balance is a product of one of two sources: (1) the excess of (or deficiencies of) revenues over expenditures of the Fund, accumulated over the years since the inception of the fund; and (2) permanent transfer of monies from another Fund. Certain asset items contained within the fund balance are items which cannot be readily converted to cash and, therefore, must remain in the fund balance. Among these items are taxes receivable, accounts receivable, and inventories of supplies. In addition, monies within the fund balance are needed for, and should be reserved for, other purposes.' Among these, is a need for "working capital. " Working capital, simply stated, is funds needed for expenditures which must be made prior to receipt of revenues in forthcoming periods of time. The City has a fairly consistent level of expenditures, particularly payroll (which consists of about 60% of total expenditures), and a rather sporadic pattern of revenue receipts. This combination causes a cash flow problem. The working capital is the bridge over these gaps between expenditures and the receipt of revenue. The primary sources of revenue for the General Fund are local real estate taxes and intergovernmental revenue. Revenue from these sources are usually received on a semi -annual basis. Major tax settlements are made in July and December, while major expenditures occur in the early part of the budget year. The City must wait approximately six months into the budget year for a large amount of its revenues. If monies are not available during these periods, the City must resort to tax- anticipation borrowing. Tax - anticipation borrowing is both costly and would be reflected in the City's bond rating. The absence of such borrowing is a positive factor in bond rating. Therefore, a sufficient amount of working is needed to carry the City through these p capital periods. The current formula sets the working capital at a maximum of 25 % of the total General Fund Budget. This provides funds for three months of expenditures. Money should also be reserved to provide a "cushion" for the replacement of possible revenue short falls in the budget. The cutback of local government aid due to a projected state surplus deficit is a good example of a need for some sort of cushion. An economic downturn can also cause a reduction in building and other permit fees, recreation revenue, other intergovernmental revenue, charges for services, and of course, cause property tax delinquencies. The formula currently reserves an amount equal to 5 % of the taxes levied for General Fund purposes to hedge against loss of revenue from tax delinquencies and an amount equal to 10% of all other estimated budget revenues to hedge against over- estimation and economic downturn. Funds should also be reserved for unanticipated needs which may develop — 1 — June 8, 1992 during the budget year. However, the City Charter does provide for a contingency appropriation within the budget itself, and we do annually appropriate funds for that purpose. Any amount in the General Fund Balance in excess of the amount determined to be adequate by the formula may be used to fund the next year's budget or be transferred to another fund, such as the Capital Project Fund. Funds transferred to the Capital Projects Fund can be used for major capital outlay, including construction or acquisition of major permanent facilities having a relatively ong life or to reduce the in s. y b debt incurred for capital outlays. Y Since the adoption of the formula in 1980, the collection of both property taxes and local government aid have been pushed back even further, and nothing is received from those sources until after July 1st of each year. We have done an analysis of when actual revenues were received and actual expenditures during budget years 1988 and 1989. Both years show an accumulated cash shortage of approximately 37% prior to July 1. Because revenue collections will be delayed even further in 1990 and future years, we recommend that the formula be changed to increase the amount to be reserved for working capital from 25 % of the total General Fund current year budget to 40 II. POLICY The Policy is the "Adequate General Fund Balance Policy Formula" attached as Exhibit 1. 2 — June 8, 1992 (QRP3960A) Exhibit I CITY OF BROOKLYN CENTER ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 (AS SET FORTH IN M &C NO. 80 -31 AND AMENDED FEBRUARY 26 1990) 1. Latest Audited Total Fund Balance At: December 31, 19_ $ 2. Less Items Not Readily Convertible to Cash: a. Uncollected Taxes $ b. Accounts Receivable c. Advances to Other Funds 3. Fund Balance Convertible to Cash $ 4. Less Amount Appropriated to the General Fund Current Year Budget Year: 19 5. Amount Available Before Deduction for Working Capital $ 6. Less Amounts to be Reserved for Working Capital: (40% of Total General Fund Current Year Budget) Year: 19_ 40% of: S = 7. Amount Available After Deduction for Working Capital $ 8. Less Amounts to be Reserved for Other Purposes: a. Reserve for Deliquent Taxes (5% of Taxes Levied for General Fund in Current Year Budget) Year: 19_ 5 % of: S b. Reserve for Overestimation of Other Revenues 10 c % of General 1 Fund Other Revenues in Current Year Bud Year: 19_ 10% of: S 9. Amount Available for Other Use $ 0 June 3, 1992 adfdbW CITY OF BROOKLYN CENTER ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 (AS SET FORTH IN M &C NO. 80 -31 AND AMENDED FEBRUARY 26 1990) 1. Latest Audited Total Fund Balance At December 31, 1993 $4,610,729 2. Less Items Not Readily Convertible to Cash: a. Uncollected Taxes 183,987 b. Accounts Receivable 50,988 c. Advances to Other Funds 105,074 $340,049 3. Fund Balance Convertible to Cash $4,270,680 4. Less Amount Appropriated to the General Fund Current Year Budget: 1994 $0 - 5. Amount Available Before Deduction for Working Capital $ $4,270,680 6. Less Amounts to be Reserved for Working Capital: (40% of Total General Fund Current Year Budget) 40% o£ 10,913,445 = $4,365,378 -------- - - - - -- 7. Amount Available After Deduction for Working Capital $ ($94,698) 8. Less Amounts to be Reserved for Other Purposes: a. Reserve for Delinquent Taxes: (5% of Taxes Levied for General Fund in Current Year Budget) 5% o£ 5,489,414 274,471 b. Reserve for Overestimation of Other Revenues: (10% of General Fund Other Revenues in Current Year Budget) 10% o£ $ 5,424,031 542,403 ------- - - - - -- -------- - - - - -- $816,874 9. Amount Available per Formula for Other Use ($9117572) Council Meeting Date 5/22/95 City of f Brooklyn Center - Agenda Item Number � • Request For Council Consideration • Item Description: Council Ratification of Licenses Administratively Approved on May 10, 1995 Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Ratify the list of licenses which were administratively approved on May 10, 1995. Summary Explanation: (supporting documentation attached Yes ) • With the lack of a uo q rum at the. May 8, 1995, City Council meeting, Council authorized administrative approval of the licenses which were on the agenda. These licenses are before the Council this evening for City Council ratification. 6 MEA/10RANDUM TO: Community Development Department Sharon Knutson FROM: Nancy Gohman, Assistant City Manager DATE: May 10, 1995 SUBJECT: Licenses Administratively Approved Licenses listed on the May 8, 1995, City Council agenda have been administratively approved and will be ratified by the City Council at its May 22, 1995, meeting. Please proceed to issue permits to those contractors who were waiting for their license to be approved prior to permit issuance. If ou have y any questions, please call me at extension 3303. cc: Brad Hoffman Gerald G. Splinter 31 City of Brooklyn Center Licenses to be approved by the City Council on May 8, 1995: 1VIECHANICAL SYSTEiVIS Air and Furnace Care 8733 Humboldt Ave. N. All- American Heating & A /C, Inc. 1900 Glenwood Ave. Allied Fireside, DBA Fireplace Corner 2700 Fairview Ave. Aspen Heating 1871 E. Minnehaha Louis Degidio, Inc. 6501 Cedar Ave. S. Environmental Comfort Systems, Inc. 890 N. Mill St. Fore Mechanical, Inc. P. O. Box 130788 Gas Supply, Inc. 2238 Edgewood Ave. S. Minnesota Heating & A/C 10701 93rd Ave. N. NewMech Companies, Inc. 1633 Eustis St. NW Sheetmetal Co. of St. Paul 2136 Wabash Ave. P & D Mechanical Contracting Co. 4629 41st Ave. N. Pete's Repair, Inc. 8835 Xylon Ave. N. Quality Air, Inc. 7907 5th St. NE Ron's Mechanical 1812 E. Shakopee Ave. Sheet Metal Services 30 NW Main, Bethel n United Heating a & A/C 2702 Idaho Ave. N. Building Official RENTAL DWELLINGS Initial: Robert C. Witt 7100 Unity Ave. N. Renewal: Doug and Kathleen Williams 5107 Drew Ave. N. Jack and Nancy Wold 5907 -09 June Ave; N. , Q Bobby and Sally Robson 1107 57th Ave. N. Director of Community Development SIGN HANGER Electric Sign and Lighting 11328 Zane Ave. N. Nordquist Sign Co., Inc, 312 W. Lake St. n n Universal Signs. ln a c. 1033 Thomas Ave. (, Building Official General Approval: aaw Sharon Knutson, Deputy City Clerk Council Meeting Date 05 -22 -95 City of f Brooklyn Center Agenda Item Numbe Description: Item Descri P Request For Council Consideration • Non - Intoxicating Beer and Wine Liquor License To Fuddruckers, Inc., DBA Fuddruckers Department Approval: Scott Kline, Chief of Police WX � Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: The City Council approve issuance of a Non - Intoxicating Beer and Wine Liquor License to Fuddruckers, Inc. dba Fuddruckers. Summary Explanation: (supporting documentation attached No ) Fuddruckers, Inc. has applied for a Non - Intoxicating Beer and Wine Liquor License to be located at 5800 Shingle Creek Pkwy (the former T.Wright's Saloon & Eatery location). DAKA International Incorporated is a publicly held, stock owned corporation of which members of Fuddruckers, Inc. are part and parcel. The entire corporation is a publicly exchanged stock which is regulated by the Security and Exchange Commission of the United States. The company, through its principal subsidiaries, Daka, Inc., Fuddruckers, Inc., and Americana Dining Corporation (ADC), operates in the contract foodservice and restaurant industries. Fuddruckers Inc. opened its first restaurant in 1980 and has expanded its operations to 75 Fuddruckers -owned and 75 franchised restaurants as of July, 1994 located throughout the United States and in Canada, Mexico, the Middle East, Australia and Argentina. Fuddrucker's growth strategy involves the opening of 25 Fuddruckers- owned and 20 franchised restaurants in fiscal 1995. There are currently four (4) Fuddruckers restaurants in operation in the Minneapolis area and there is a license pending for an additional restaurant to open in Coon Rapids in 1995. ADC owns and operates two restaurants in the Minneapolis area under the name " Champps Sports Cafe" pursuant to a license agreement from Champps Entertainment, Inc. A background investigation was conducted by Investigator Fred Moen. Nothing was found in that investigation under State Statute or City Ordinance that would preclude the issuance of a new license • at this time. �K Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF A NON - INTOXICATING BEER AND A WINE LIQUOR LICENSE TO FUDDRUCKERS, INC., DBA FUDDRUCKERS WHEREAS, Fuddruckers, Inc. has applied for a Non - Intoxicating Beer and Wine Liquor License for its establishment to be located at 5800 Shingle Creek Pkwy within the City of Brooklyn Center; and WHEREAS, Fuddruckers, Inc. is a subsidiary of DAKA Intl which is a publicly held, stock owned corporation and the entire corporation is a publicly exchanged stock traded on the New York Stock Exchange and regulated by the Security and Exchange Commission; and WHEREAS, a thorough background investigation was conducted by Investigator Fred Moen regarding the corporate officers and the corporation itself and nothing was found in that investigation that would preclude the issuance of a license to Fuddruckers, Inc. NOW, THEREFORE, BE IT. RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a Non - Intoxicating Beer and Wine Liquor License to Fuddruckers, Inc. dba Fuddruckers, is hereby approved. Date Mayor ATTEST: Deputy 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 Council Meeting Date 5/22/95 City of Brooklyn Center A Item Number_ • Request For Council Consideration • Item Description: Licenses Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City - Council Action: Approve attached list of licenses. Summary Explanation: (supporting documentation attached Yes ) • i • City of Brooklyn Center 3 Licenses to be approved by the City Council on May 22, 1995: AMUSEMENT DEVICES - OPERATOR Brooklyn Center Community Center 6301 Shingle Ck Pkwy City Clerk AMUSEMENT DEVICES - VENDOR B & K Music and Sales 133 Spring Valley Circle _ City Clerk GARBAGE AND REFUSE COLLECTION VEHICLES Environmental Refuse 4123 Russell Ave. N. _ City Clerk MECHANICAL SYSTEMS Blaine Heating, A/C and Electric, Inc. 13562 Central Ave. NE Brooklyn Air Heating and A/C 5801 Lynd'ale Ave. N. Royalton Heating & Cooling Co. 4120 85th Ave. N. Thermex Corporation 4850 Park Glen Road Building Official iaC MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Ford, Inc. 2500 County Road 10 City Clerk RENTAL DWELLINGS Initial: Todd McDonald 7013. Girard Ave. N. Renewal: Marcus Corporation 6415 James Circle N. Leray /Keith Mortensen 4110 Lakebreeze Ave. N. Edward Doll 1201 57th Ave. N. Heidi Amundsen 2816 67th Lane N. � �• Outreach Community Center 507 69th Ave. N. Director of Community Development TAXICAB Town Taxi 2500 Washington Ave #134 A 'k - City Clerk General Approval: Sharon Knutson, Deputy City Clerk Council Meeting Date 5 -22 -95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Planning Commission Application No. 95005 submitted by the City of Brooklyn Center. Department Approval: Ronald A. Warren, Planning and Zoni i t Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: This application was recommended for approval by the Planning Commission at its May 11, 1995 meeting subject to conditions of approval. • Summary Explanation: (supporting documentation attached ) Planning Commission Application No. 95005 submitted by the City of Brooklyn Center is a request for Preliminary Plat approval to combine into two lots the various properties acquired by the City for a ponding area and Park and Ride facility located at the northwest quadrant of 65th Avenue North and Brooklyn Boulevard. This application was considered by the Planning Commission at its May 11, 1995 meeting. Attached are minutes from that meeting, information sheets, and maps. e MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION ® OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 11, 1995 CALL TQ ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7 :34 p.m. ROLLCALL Chairperson Tun Willson, Commissioners Donald Booth, Robert Mickelson, Graydon Boeck, Kathryn Palm, and Mark Holmes arrived at 7:45. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, Director of Public Services, Diane Spector and Planning Commission Recording Secretary Ruth McLaurin. Commissioner Diane Reem was excused from tonight's meeting. APPROVAL OF MINUTES - Apff 27.1995 There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to approve the minutes of the April 27,1995, Planning Commission meeting as submitted. The motion passed unanimously. CHAIRPERSON'S EXPLANATION Chairperson Willson explained the Plauuling Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APP ICATI N N0, 95005 Chairperson Willson introduced the first item of business, a request for Preliminary Plat approval to combine into two lots the various properties acquired by the City of Brooklyn Center for a ponding area and Park and Ride facility located at the northwest quadrant of 65th Avenue North and Brooklyn Boulevard. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95005, attached). 5 -11 -95 1 Commissioner Booth inquired if there is any landscaping requirement and if so, does this application meet the requirement. The Secretary indicated this application wcll exceeds the City's landscaping requirement, however, there is no point system for public facilities such as are being proposed. PI T,�J,IC HEARING (APPLICA ON NQ, 95 ) Chairperson Willson asked for a motion to open the public hearing on the request for Preliminary Plat at 7:55 p.m. There was a motion by Commissioner Booth and seconded by Commissioner Mickelson to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Diane Spector, Director of Public Services, indicated in regards to the lighting plan, this is not final yet and will be part of the final plans. She noted the City is currently working with the consultant to tie the lighting plan in with the recommendations of the Brooklyn Boulevard Enhancement Study. Chairperson Willson inquired if there is a concern for night lighting. Ms. Spector indicated the property owners were concerned if there would be sufficient lighting surrounding the site, particularly near the landscaped areas. She indicated all these issues will be addressed. Ms. Sp ector explained the shelters will be MT shelters with custom benches to P xP > accommodate. six individuals. As noted earlier the final. landscape plan will be forthcoming, most likely will be dcveloped this winter. Commissioner Mickelson inquired about the bike lockers. Ms. Spector described the lockers and indicated the lockers would be available to rent. She noted there will be five or six lockers. Commissioner Booth inquired if there would be any curb and gutter improvements to 65th Avenue. Ms. Spector indicated there would be curbing done on 65th Avenue, between Brooklyn Boulevard and Indiana and also storm sewer improvements. Commissioner Boeck expressed concern for the expenditures for the pond, and if this will address the issues of detention to the west. Ms. Spector indicated this is part of overall improvements and is the first of three improvements. She indicated the construction of this detention pond will help the detention area to the west. Commissioner Boeck inquired if MnDOT had been contacted. Ms. Spector indicated MnDOT has no participation in this project and the ponding area will not provide for storm water run -off from the highway, 5 -11 -95 2 Commissioner Holmes inquired about financing. Ms. Spector indicated the entire Park-and- Ride project would be funded by MTCO, the design services and replatring would be shared costs with the ponding and park improvements being the City's responsibility. Commissioner Holmes inquired about the start date. Ms. Spector indicated the proposed start date is August 1, 1995. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CL SE PUBLIC HEARING There was a motion by Commissioner Nickelson and seconded by Commissioner Booth to close the public hearing at 8:11 p.m. The motion passed unanimously. ACTI RE OMM NDING APPROVAL OF APPLICATION NO, 95405 There was a motion by Commissioner Nickelson and seconded by Commissioner Booth to recommend approval of Application No. 95405 submitted by the City of Brooklyn Center subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat, is subject to the provision of Chapter 15 of the city ordinance. . Voting in favor: Chairperson Willson, Commissioners Boeck, Booth, Holmes, Nickelson, • and Palm. The motion passed unanimously. The Secretary noted, that the application will be referred to the City Council at the May 22, 1995, meeting. The applicant is required to be preseut at the City Council meeting. ;If any changes or modifications are made to the plans prior to City Council consideration, they must be brought back before the Planning Commission for review. APPLICATION NO 95046 Chairperson Willson, introduced the neat item of business a request for a Special Use Permit for the placement of fill in the floodway and Site and Building Plan approval for a 20,000 square foot epansion to the General Litho Service, Inc. binding previously approved by the City Council under Planning Commission Application No. 95404. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95006, attached). Commissioner Holmes questioned in regards to the easement. The Secretary indicated the alteration of the grading plan and the building expansion will create an encroachment into an existing drainage and utility easement. An appropriate easement vacation for that part 5 -11 -95 3 Planning Commission Information Sheet Application No. 95005 Applicant: City of Brooklyn Center Location: Northwest Quadrant of 65th Avenue North and Brooklyn Boulevard Request: Preliminary Plat The City of Brooklyn Center is seeking Preliminary Plat approval to combine into two lots the various properties which were recently acquired by the City for a ponding area and Park and Ride facility and are located at the Northwest Quadrant of 65th Avenue North and Brooklyn Boulevard. The properties in question are zoned C -1 (Service /Office), R -5 and R -4 (Multiple Residence), and R -1 (One Family Residence). They are bounded by I -94 on the north; Brooklyn Boulevard on the east; 65th Avenue North on the south; and single family homes facing Indiana Avenue on the west. The properties under consideration are currently described as all or parts of: Lots 1 through 10, Block 1, Northgate Addition; Lots 1 and 2, Block 1, Hamms Second Addition; Outlot A, Hamms Addition; and Tracts A, B and C of Registered Land Survey 970. The new legal description is proposed to be Lots 1 and 2, Block 1, Carl Swing Addition. Lot 1 is proposed to be 231,520.95 sq. ft. or 5.315 acres. in area and is the site for a regional pond /park area to be developed and maintained by the City. This area is made up of the large existing Lot 1 of the Northgate Addition, which is a low area abutting Brooklyn Boulevard and the I -94 exit ramp and also includes Lots 7 through 10 of the Northgate • Addition, which were single family homes located on the north side of 65th Avenue. Lot 2 is proposed to 'be 143,135.08 sq. ft. or 3.286 acres in area and will be the site of a Park and Ride facility, which will be operated by the Metropolitan Council Transit Operation (MCTO). This area is made up of Lots 2 through 6 of the Northgate Addition, Outlot A, Hamms Addition, Lots 1 and 2, Block 1, Hamms Second. Addition, and Tracts A, B, C (RLS 970). These properties were made up of seven single family homes, including one group home, and three four- plexes. As mentioned previously, these properties have all been acquired by the City and a number of structures already removed. The balance of structures have been taken off of their foundation, blocked up and are ready to be removed waiting the lifting of road restrictions. These structures should be gone by the end of May. The foundations have all been filled in and utilities (sewer and water) were temporarily disconnected at the building lines. Permanent disconnections will be made at the mains in Brooklyn Boulevard and 65th Avenue North at one time, under one contract, to avoid as many disruptions as possible to these roadways. The plat comprehends the dedication of additional right -of -way along Brooklyn Boulevard, with that dedication being from approximately 5 feet on the north to 24 feet on the south. Additional right -of -way dedication is proposed along 65th Avenue and the City is planning on altering the 65th Avenue alignment to soften the "S" curve of that roadway. ® 5 -11 -95 Page 1 There will be only two drive ways, both of which will serve the planned Park and Ride facility, and both will be on 65th Avenue. All existing driveways on Brooklyn Boulevard will be closed. As previously mentioned, the property in question has a number of different zoning designations, the predominant one being C -1 (Service /Office). The planned ponding /park area and Park and Ride facility are not inappropriate land uses for this area and surrounding areas and are certainly less intense land uses than could be developed or redeveloped on this property. The City is planning on updating its comprehensive plan starting in the later part of this year. It would be the appropriate time to consider a revised zoning designation for this property. Because the property is being used for a public purpose only, it is not inappropriate to leave the existing land use designations until such time as comprehensive plan is updated. PLANS Attached with the preliminary plat is a grading, landscaping and parking lot plan. The City Council has held extensive public meetings and hearings with area residents before deciding to acquire property and to go ahead with the proposal. The drainage and ponding plan has been reviewed and approved by the Shingle Creek Watershed Management Commission. These plans are brought before the Planning Commission primarily for information purposes. The ponding /park area will serve as an area wide retention pond for purposes of controlling • the rate and quality of water run off in the area. The normal edge of the pond will be at the 847 ft. elevation and will create a serpentine shaped ponding area. The deepest part of the pond will be to the south. Extensive landscaping is planned for around the ponding area. with an attempt to make use of as many existing trees as possible. Additional shade trees, coniferous trees and ornamental trees are proposed. Coniferous trees are to be located along the west and north and east areas with a heavy planting of Tamarack trees on the higher ground in the middle of the ponding area. A dense cluster of shade trees are indicated to the west of the pond as well as at other locations. Ornamental trees line the south part of a walkway on the site. The walkway will skirt the pond providing a continuous ring around it. Access to the walkway can be gained at 65th Avenue to the southwest, Brooklyn Boulevard to the northeast and 66th Avenue to the northwest. Benches are proposed at various locations on the walkway. The Park and Ride facility will contain parking for 222 vehicles, 6 of which will be designated as handicap parking. The parking area will be located around a shelter facility. The parking lot will be bound by B -612 curb and gutter. Landscaped island areas serve as parking protectors and delineators in the parking lot. Circulation for buses serving the Park and Ride will generally be in a counter clockwise fashion entering the site from an access off 65th Avenue at the south end of the facility, picking up riders in the area of the shelter, 5 -11 -95 Page 2 exiting onto 65th Avenue at a westerly access and then traveling back 65th Avenue to Brooklyn Boulevard, which is serviced by a traffic signal. It is anticipated that the majority of persons utilizing the Park and Ride facility will follow a similar traffic pattern. Concern had been expressed about possible significant increases in automobile traffic on 65th Avenue because of the Park and Ride. An island in 65th Avenue by the westerly access has been extended to discourage left turns in at this point. Traffic associated with the facility will generally be limited to morning and evening rush hours, between Mondays and Fridays. A shelter facility area with an arbor area and benches will be located in a parking lot island area in the south part of the facility. It will contain exposed aggregate paving, pedestrian lights, trees, bollards, telephone, bike rack, bike lockers and newspaper dispensing. The green strip along Brooklyn Boulevard east of the parking lot, will contain a sidewalk that meanders along the area. Again, attempts will be made to save as many trees as possible and to provide additional shade trees in this area. Shade and ornamental trees are planned for parking lot island areas. Some coniferous trees are planned for the southwesterly green strip on 65th Avenue. Public, Services Director, Diane Spector, will be present to comment and answer questions on these plans. A public hearing has been scheduled for the preliminary plat application and notices of the Planning Commission consideration have been published in the, Brooklyn Center Sun /Post. • RECOMMENDATION The preliminary plat appears to be in order and is recommended for approval subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 5 -11 -95 Page 3 ' �' � `` �`�; ��` `:�` `, `,�i�, : \`: ,, `, \ �`� `• ` • • �:`:` `: �'; � � ® ate• � �' � � �. A TT BEARD AVE. N. d hJ �.. %4 it z 6t0 AVE. N. + C) � z '� �I �FDR�EWW AVE. ✓ `f ` h g -< N i - ° LLl ING A V ' i � - _ o �_1 4 N 9NU13 EWLNG ° - m -� - / V — RAN 8 Al L_^ J �- -1 -�- � � - -- AVE. V F -i —. — u . FRAN AVE. N. �.{ CD LO ro CD ��� CJI � �•' AVF N. GRI1E5 - - U LO Q (_ a O ` - -- _ f - 1 INDIA z NA A -� UtJF- -. —_ AVE N I - � YN1'IONI � J -- - - -- w - -- -_ - -.' - _ , JUNE JUNE AVE. c{ < _ N - " KYLE AVE N �. l � � � -�_ �'�'�� -� - KYLE - N 3AV 33 p L IZ 'N'3AY HOfYR �I �_' L' N N E AVE N j NOBLE AVE. H. -' - i - N►'FbbO - RgURO N o ORCHARD AVE. N. ERRY-AVE • N. CARRY - AvF N. 'N '3AV < VE. N. PERRY UAI N. OUA I. N. � K AVE, N. ffi NT AVE . Nr t ', 6 RFRFtrr AV F. N. y rf . __- 7 1 f.,f�1•�t y \ � / � mITO6A(N OOO, -m w OOS.•MT r4 1L)M � Y Q� � / � / O oocl[a rA wo1 .+ +, ••ae f1o1 Flrf IstaT f[T / � � \ / A,o aw•� n imfernol io u•oa. uaa: 1w�, ana�lt t moro , wa1 •ro[ nri pt.olr �& IIVTEr?STATE Hiu'ti;'•'A' ".(`!9',• \ ' ^ '°""°'°'" °"°"� \ /�[ \' /\ Mn1TM«IO af>,mo ltwae J•e/a eaTwm �to1 rw� ma1 � I d / "� / 11[na•m vNalB N aQOC[0 a AR 141 ? 1O111WR Q AVf 113! 1�I a0M•1 >2 x nrt A}1. / \ \ O'wwra! OOO,[! 1tMnY wO/a dnwm 1.[a1 ,M[ 11101 ns rut a x.1t1f Aaonaw r / Y 1 :wto•t � /�.p�/ / � � [aona \ f \ \ '4 \ amT a ..avtArlt e Y oa,r[. 1p .aaaala I \ \ V%\ 1 orjo LOT 1 BLOCK ONE ,,�{ + �� \ , \ \ ` ,y a •� ' I 1 \ { r �;� • ` z r LOT 2 a x feJw uf[ O x A w— _ — r•_ar [ aa r_ — _ — a.�. \'i �� ,'� y,t�",7 ..__ — _ � \_ — vim — — — t 1a � � � \ � ( � C' � � OCOwpT •C ,1TW C \ /'�\� ` �nr •1n r�• miwen f[c x nn Aar, r \ ..�! b t \ \ \\ 1 r• , ,o rt s[wx uaolwr - ` ?0\ �4 "EY 1 C` REG ;STEREO A.":�5�1 \ OR OR THIGA 77 SCALE i INCH - 10 'Err SC. IN FEET to ax[r[rAna[ x ;>AS eeAnnc sn�a1 PRELIMINARY PLAN / Seam av 7w •EsTLA x 7w Nmm w s r ou"Im ar xcna+ J. \ FOR nis Rm, w tS AS3L%40 IV N \ p W A 8CAMM: CIF H CARL SWING ADDITION `\ • a o :sue � "" '. ���"'�i.•.� \� . •u � v- MA INS AM 1 r• L l �. ►, s. +� ���. -_�- � on _,._� (, z N�mi5w _Wll C �R Aids ,y \ IM SA 7 o �1 �.�_,, � ��_ ;a.�• as tt� �. ��. s,`!':Y���i^ Bike Lockers ��• '0• �.__ �'�,��`� — —Bike rack Q Trees Telephone \ VAV` Exposed Aggr- Eegate. � -Paving Pedestrian Lights ;. � � v � ,�v �;�. parking , Trees Bus Shelter Arbor with Bench Bollards �\ Bollards_ Bus Shelter � \ 1 . \ Newsboy Bus Queing \' O` , A� SHELTER PLAN aJ I �t Bus Shelter Arbor Bus Shelter WEST ELEVATION STEFAN LARSON ASSOCIATES 65TH AVENUE PARK AND RIDE /POND. ARCHIECTS LANDSCAPE ARCHITECTS BROOKLYN CENTER, MN 807 NORTH FOURTH STREET STILLWATER, MN 55082 Council Meeting Date 5 -22 -95 City of Brooklyn Center A g enda rtes, N,unbee Request For Council Consideration Item Description: Planning Commisison Application No. 95006 submitted by VenStar Corporation. Department Approval: Ronald A. Warren, Planning and Zon' Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: This application was recommended for approval by the Planning Commission at its May 11, 1995 meeting subject to conditions for approval. Summary Explanation: (supporting documentation attached ) Planning Commission Application No. 95006 submitted by VenStar Corporation is a request for a Special Use Permit for the placement of fill in the floodway and Site and Building Plan approval for a 20,000 sq. ft. expansion to the General Litho Services, Inc building previously approved by the City Council under Planning Commission Application No. 95004. This application was considered by the Planning Commission at its May 11, 1995 meeting. Attached are minutes from that meeting, information sheet, plans and area map. Commissioner Holmes inquired about financing. Ms. Spector indicated the entire Park -and- Ride project would be funded by MTCO, the design services and replatang would be shared costs with the ponding and park improvements being the City's responsibility. • indicated the pro posed Spector date. Ms S P Commissioner Holmes i about the start a p P start date is August 1, 1995. Chairp erson Willson called for an more q uestions for the � y ap plicant or for anyone else to q � speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Nickelson and seconded by Commissioner Booth to close the public hearing at 8:11 p.m. The motion passed unanimously. ACTI RECOMMENDfNG APPROVAL OF APPLICATION 0 95W5 There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to recommend approval of Application No. 95005 submitted by the City of Brooklyn Center subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provision of Chapter 15 of the city ordinance. • Voting in favor: Chairperson Willson, Commissioners Boeck, Booth, Holmes, Mickelson, and Palm. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the May 22, 1995, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they must be brought back before the Planning Commission for review. APPLICATION NO 95006 Chairperson Willson introduced the neat item of business a request for a Special. Use Permit for the placement of fill in the floodway and Site and Building Plan approval for a 20,000 square foot expansion to the General Litho Service, Inc. building previously approved by the City Council under Planning Commission Application No. 95004. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95046, attached). n regards Commissioner Holmes questioned i to the easement. The Secretary indicated the alteration of the grading plan and the building expansion will create an encroachment into an existing drainage and utility easement. An appropriate easement vacation for that part 5 -11 -95 3 of the encroachment will have to be accomplished by the City through an ordinance amendment prior to the issuance of the budding permit for the proposed expansion. Chairperson Willson inquired if the changes are reflected in condition number 15 of the • previous approval. The Secretary noted the Planning Commission made some changes and the changes are noted in the City Council minutes of March 27, 1995. Chairperson Willson indicated to clarify and include all changes made by the City Council, he would like the first condition to include all conditions set forth by the City Council. He suggested the condition to read: 1. All conditions listed under Planning Commission Application No. 95004 shall be continued and complied with prior to issuanncc of building permits for this project, as per City Council conditions sighted in their March 27, 1995 meeting minutes. Commissioner Boeck inquired in regards to the sheet drainage, previously noted as unacceptable. The Secretary indicated approval will not be made until modifications arc. complete. He stated the City Engineer will required storm sewers in this area and the applicant has agreed. Commissioner Boeck inquired as to the responsible party in regards to the 72 inch pipe north of the MTCO. He questioned if there was an opportunity to undize this for a detention area. Ms. Spector indicated that would be an option, but this particular application does not address that issue, and is not required to in this project. Ms. Spector indicated the project is only required not to further degrade the present wetland, they are not required to improve. Commissioner Boeck expressed concern that the City is asking a private individual to extend the 72 inch pipe, but this is not solving the responsibility for improving the drainage to Shingle Creek. He felt a detention area in the low land should be created. Chairperson Willson indicated the Commission is required to review the application on its own merit and not to review surrounding issues. Further discussion was held regarding the ponding and storm sewer drainage. Ms. Spector assured the Commission no further degradation would be occurring with this application. PUBLIC HEADING (APPLICATION NO. 95006) Chairperson Willson asked for a motion to open the public hearing on the request for Preliminary Plat at 8;48 psn. 5 -11 -95 4 There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. The architect for the project stepped forward and indicated the culvert capacity is less than 72 inches. He noted the applicant is providing storage and is looldng at improving and maintaining the site. Chairperson Willson inquired if the applicant would be willing to work with the City in the future on improvement projects. The architect indicated he felt the applicant would be willing to work with the City. Ms. Spector indicated she had held several conversations with the applicant and is confident he would work with the City on any future projects. CLOSE PUBLIC HEARING There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to close the public hearing at 8:58 p.m. The motion passed unanimously, ACTI RECOMMIENDINQ APPROVAL OF APPLICATION NO 95�b There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to recommend approval of Application No. 95006 submitted by the VenStar Corporation subject to the following conditions: • 1. All conditions listed under. Planning Commission Application No. 95004 shall be continued and complied with prior to issuance of building permits for this project, as per City Council conditions;sighted in their March 27, 1995 meeting minutes. 2. The applicant shall receive the appropriate approvals from the Shingle Creek Watershed Management Commission, the Army Corps of engineers and the Department of Natural Resources prior to the issuance of permits for this project. 3. An ordinance amendment vacating a portion of the drainage and utility easement on this property affected by the' proposed building expansion shall be accomplished prior to the issuance of binding permits for this project. Voting in favor: Chairperson Willson, Commissioners Boeck, Booth, Holmes, Mickelson, and Palm. The motion passed unanimously. The Secretary noted that the application will be referred to the City Cound at the May 22, 1995, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they must he brought back before the Planning Commission for review. 5 -11 -95 5 Planning Commission Information Sheet Application No. 95006 Applicant: VenStar Corporation for General Litho Services, Inc. Request: Special Use Permit/Site and Building Plan Approval The applicant, Venstar Corporation, is seeking a Special Use Permit for the placement of fill in the floodway and Site and Building plan approval for a 20,000 square foot expansion to the 60,090 square foot General Litho Services, Inc. building which was approved by the City Council on March 27, 1995 under Planning Commission Application No. 95004. The property in question is a 6.25 acre site which is zoned I -1 (Industrial Park) and is located west of Parkway Circle, north of the Holiday Inn. The site is bounded on the north by the Metropolitan Council Transit Operations (MCTO) operation garage and the Spec 10 office /industrial building which houses the Target Audit Division as a principle tenant; on the east by Parkway Circle (a non - public roadway serving as access to the buildings in this area) with a central parking lot serving buildings in the area on the opposite side; on the south by the Holiday Inn; and on the west by Shingle Creek and its accompanying greenstrip. PREVIOUS APPROVAL Attached for the Commission's review is a copy of the staff report for Planning Commission Application No. 95004 and the minutes relating to the Planning Commission's recommendation (3- 16 -95) and the City Council's approval (3- 27 -95). It was noted at that time that the applicant ® desired to have the ability to make a 20,000 square foot addition to the building in the future but such an addition would mean additional alteration to the westerly portion of the site that would require additional wetland mitigation and a special use permit for alteration of the 100 year flood elevation for the site. The Commission's attention is directed to the preliminary grading and utility; plan approved under application no. 95004 and the new grading and utility plan for the expanded building for comparative purposes. GRADING/DRAINAGE/UTILITIES The new grading plan is subject to review and approval by the Shingle Creek Watershed Management Commission, the Army Corps of Engineers for additional wetland mitigation and the Department of Natural Resources. The proposed finished floor elevation for the building is still 850 feet, which is well above the 100 year flood elevation of 844 feet. For the building expansion to work, the 100 year flood elevation will have to be altered slightly. The new 844 foot mark is noted on the plan. The storm detention pond proposed under the original plan was sized to handle the expansion and will not be altered to any great extent. A small water quality pond will be constructed north of the building. Additional wetland mitigation will be provided in expanded areas. A new 844 foot contour will be established to provide for the new grades and to meet the requirements for compensating storage. Replacement of fill and the alteration of the 100 year flood contour is a special use and must be consistent with standards for floodway special uses which prohibit filling or alteration that will 5 -11 -95 -1- Planning Commission Information Sheet cause an increase in the stage of the 100 year or regional flood or cause an increase in flood damages in the reach or reaches affected. Fill or materials deposited in the flood plain shall be protected from erosion by vegetative cover, mulching, rip rap or other acceptable methods. Long term erosion /sedimentation prevention must be comprehended under the plan. As indicated previously, this altered grading plan is subject to review and approval of the Shingle Creek Watershed Mana Commission. Attached is copy of a letter from City Engineer Scott Brink to the Watershed Engineer requesting that body's review of the revised plan. The alteration of the grading plan and the building expansion will create an encroachment into an existing drainage and utility easement. An appropriate easement vacation for that part of the encroachment will have to be accomplished by the City through an ordinance amendment prior to the issuance of the building permit for the proposed expansion. ACCESS AND PARKING Access, and for the most part parking, will be unchanged with the expansion contemplated. The change to the parking plan calls for an expansion of the south parking lot to the west. The 20,000 square foot expansion to the building will require an additional 25 parking spaces. The expanded parking area can accommodate at least an additional 32 parking spaces. Appropriate parking meeting the requirements of the ordinance was provided on the original plan, therefore, • the proposed parking expansion is acceptable. All other aspects of the site and building plan remain unchanged. The building exterior will be a continuation of the existing building material. A public hearing has been scheduled for the special use permit and notices have been sent. RECOMMENDATION The expansion plans including the altered grading plan appear to be in order subject to the review and approval of other jurisdictions. The special use permit standards also appear to be met. Approval is recommended, therefore, subject to the following: 1. All conditions listed under Planning Commission Application No. 95004 shall be continued and complied with prior to issuance of building permits for this project. 2. The applicant shall receive the appropriate approvals from the Shingle Creek Watershed Management Commission, the Army Corps of Engineers and the Department of Natural Resources prior to the issuance of permits for this project. 3. An ordinance amendment vacating a portion of the drainage and utility easement on this property affected by the proposed building expansion shall be accomplished prior to the issuance of building permits for this project. 5 -11 -95 -2- Sk L b �. � � ♦� ♦♦ ' ' ♦ ♦♦�♦�� `111 /1 •11 �. � � ' • ♦� ♦������� r ,.. i 111 ,, 11 ��.��� 1 ,. . a:��l 11 i 1 ■ ♦ 11 11 1) NONE i Llf'"OlI R4DINC AND U�`Il�i�'1' �'�.4N FOR'. 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"•.••••- ••>•a, .., ...rw . w r...+ w srw. ✓ , .....w 1 la- W. uw N Eta ?L Planning Commission Information Sheet ® Planning Commission Application No. 9004 Applicant: VenStar Corporation for General Litho Services, Inc Location: `Nest of Parkway Circle, north of the Holiday Inn Request: Site and Building Plan Approval The applicant, VenStar Corporation, is seeking site and building plan approval to build a 60,090 square foot building for General Litho Services, Inc., a printing operation, on a 6.25 acre site located west of Parkway Circle, north of the Holiday Inn. The property in question is zoned I -1 (Industrial Park) and printing, publishing and allied industries are listed as permitted uses in this zoning district. The site is bounded on the north by the Metropolitan Commission Transit Operation's garage and the Spec 10 office /industrial building which houses the Target Audit Division as its principle tenant; on the east by Parkway Circle (a non - public roadway serving as access to the buildings in this area) with a central parking lot serving buildings in the area on the opposite side; on the south by the Holiday Inn; and on the west by Shingle Creek and its accompanying green strip area. ACCESS /PARKING Access to the property is gained via Parkway Circle from Shingle Creek Parkway. Two driveways, one at the southeast corner of the site and the other a shared access with the building to the north at the northeast corner of proposed facility. the site, provide vehicle access to the • r e Parking on the site would include 140 parking spaces located on the north, east and south sides of the proposed building. The parkin; requirement for an industrial use with an offic ' component is a combination of both the ofrice-and industrial parting formulas based on the square footage devoted to each use. The office parking requirement is one space for every 200 square feet of gross floor area, while the industrial parking requirement is one space for every 800 square feet of gross floor area or 1 parking space for every two employees in the industrial area at the maximum shift. In this case, General Litho proposes to have 12,000 square .feet of office (3,000 square feet on the first floor and 9,000 square feet on the second floor Of the office portion of the building) and 48,090 square feet in the production/ manufacturing /warehouse portion of the building. This breakdown would require 120 parking spaces, 60 for the industrial area ( divided by 800) and 60 for the office area (12,000 divided by 200). The applicant has indicated that there would not be more than 70 employees (both office and production) at any one shift, therefore, the employee part of the parking formula is not utilized. i fie plan calls for 1 -0 additional parking spaces along the north property line which are accessed fmri the abutting property to the nosh. These parting stalls will be dedicated as OII-Site aCCeSSOrV D"crldng fo Che sole use of the adjoining property. Currently there is a Speci LISe permit Which was granted by the City COUriCil under Planning Commission • � -16 -; � 1 Application No. 87007 to provide 153 potential parking spaces on the applicant's property for the sole use of the neighboring property to the north to allow the Target Audit Division office occupancy of that building. A continuation of the off -site accessory parking agreement for 20 spaces will be required and an amended special use permit for use of additional off - site accessory parking on Parkway Circle and in the central parking lot will have to be accomplished. A special use permit acknowledging the amended parking agreement for this area will have to be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the General Litho building. The on -site parking areas, as well as the twenty off -site spaces are bounded by B -612 curb and gutter and meet the minimum requirements for stall width and de for 90 degree parking. Appropriate parking protection areas and 24 foot wide drive lanes are also provided. The Engineering Department recommends that a wider radius be provided for the driveways Ieading to Parkway Circle. A loading dock area containing three loading berths is provided at the southwest corner of the building. A minimum of three berths are required for a manufacturing facility of this size. The loading berths exceed the minimum size requirements in the zoning ordinance. GRADING /D RAINNGIUTILITIES The drainage plan proposes to surface drain the parking lots onto Parkway Circle, into a drainage swale on the north and west side of the property and into a storm water detention pond at the southwest corner of the site. This sheet drainage is unacceptable to the Engineering Department w r ,� ,. which will re .. quire norm wate dte. be conveyed via storm sewer to these areas.' It is my understanding that no information has been provided for roof drainage so that this can also be incorporated into the drainage plan. These modifications will need to be made to the drainage plan in a manner acceptable to the Enaineerina Department prior to . � � P the issuance' of a builds n permit for this protect. This site is over five acres and also abuts Shingle Creek which are two criteria requiring Shingle Creek Watershed ltifanae, - t rnent Commission review and approval of a t �� water t s or-i a e. tan for this property. operty P The applican w' - _ _ t will be required to have such a plan approved prior to the issuance of building r - e g � permits. Easements for ponaina � areas will also be required. The Commission's attention is directed to the area designated on the plan as the "edge of wetland ". This area has been verified and is subject to wetland regulations. Also, it should be noted that the 100 year flood elevation for Shingle Creek is 8" feet. The lowest finished door elevation for a building on this property must be at least one 'root above this elevation. The proposed f nished floor elevation is 850 feet, well above the 100 year flood elevation. No grading, tilling or alteration of the area at or below the 8 44 foot mark may take place without the ar anting of a special use permit by the City Council and the Providing of compensating storage. No alteration is proposed at this time in this area, however, the applicant is contemplating a future 20,CC0 square loot addition to the west and of the building whici, •YviiI require filling in the area and wetland miiiaadon. The applicant will 3 -16 -95 have to seek appropriate approvals such as a special use permit and watershed commission approval for tilling and wetiand mitigation before such an expansion, or grading for it can be • authorized. In the meantime they are only seeking approval of a grading plan that will allow the construction of the proposed 60,090 square foot building. Sanitary sewer and water will be provided to the building at the north end of the site. Again, the Final drainage, grading and utility plan is subject to the approval of the Engineering Department and the Shingle Creek Watershed Management Commission. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plar This site is 6.25 acres and requires a minimum of 405 landscape points. The applica proposal calls for exactly 405 landscape points through the use of a combination of 20 < <e trees (200 points), 20 coniferous trees (120 points), 20 decorative trees (30 points) anci 1 10 shrubs (55 points). The applicant has requested not to be required to designate the species of tree, shrub, etc., but wishes to have the option open to make a determination of the species to be used at the time of bidding of the project. We do not have a problem with this, but would recommend that the applicant designate the various types of trees and shrubs under, the categories proposed. The plan calls for a 15 ft. green strip along the Parkway Circle access drive between the two access points. This area will be sodded and contain landscaping including shade trees, coniferous trees, decorative trees and shrubs. Appropriate sight lines should be maintained at the access points to Parkway Circle to avoid potential sight visibility problems. Q P p s. The proposed landscaping se, ms to be well distr . P ,. around the site, particularly in the front and south Qreen strips. Some plantings are also proposed for the area to the west of the building close to the edge of the designated wet land area. Underground irrigation is required in all landscaped areas. The area to the west of the building will be left in a more natu ral sate as par of their plan. BUILDING The ° - e buiidin_ ex terior is �� r o.; o _ proposed to be a pr�.,�s� concrete with an exoos.,.. aaQr..�at., finish along the east end where the office area is. The office area is a two story area with the second floor being totally office space and the First floor being part office and part production. The production or industrial pordon of the building exterior is proposed to be also precast concrete with a raked finish that will be painted �o be complimentary to the P , exposed aggregate finish. The Planning Commission may wish to discuss the exterior treatment being proposed. It should be noted that the buildings in this area for the most par have a brick exterior including the Minnesota State High School League office, the Holiday Inn, the building immediately to the north of this site, which contains the Target Audit ' Division, and Parkway Place, which fronts along Shingle Creek Parkway between the two access points for Par � Circle. Tie Spec 11 building site is a decorative concrete block building. The cuestion is whether or not the exte ^or treatment proposed by the appl is consistent and in keeping with the building exteriors in this area. The building elevations 3-16 -95 , show the building to be aoprox. ;matelV 24 Cc. in height with a two story oCrice component on the east end of the building and an approximate 23 ft. high manufacturing /production/ warehousing component to the west. At the main en=arce to the building is an approximate • two story canopy area. Tinted insulated glass in anodized aluminum thermal break games are provided around the south, east and nosh portions of the two story office area. LIGHTING /TRASH The applicant's site plan indicates 250 watt 'nigh pressure sodium wall mounted light fixtures around the building. Two on- ;round light fixtures that provide building up- lighting are located in the front of the building (east side). Two 250 watt high pressure sodium lights are mounted on 30 ft. high light poles in the green strip area along Parkway Circle. These Fixtures will be directed onto the property and should not create glare. The plans do not show a location for trash, however, it is anticipated that trash facilities will be located in the area of the loading docks. A screening device, preferably of the same material as the building, will be required to screen trash containers from public view. RECONDNIENDATION The plans, with possible exception, of the exterior treatment. appear to be in order. Approval is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building O fficial with respect to applicable cod prior to the issuance of permits. 2. Grading, drainage and utilities plans are subject to review and approval by the Enineering Department prior to the issuance of permits. 3. A Perrormance Agreement and supporting Financial Guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. -'. Any outside trash disposal facilities and rooftop mechanical eauipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic tire extinguishing system to meet NFP A standards and shall be connected to a centrall monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irtz - -non systein shall be installed in all landscaued areas to :acilitate Site mainte ^ai,Ce. 3 -1C -9� t r. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the city ordinances. S. B -612 curb and gutter shall be g rovided around all parking p p � and driving 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the Performance Guarantee. 10. The property owner shall entry into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The storm drainage system shall be approved by the Shingle Creek Watershed Commission prior to the issuance of permits. L3. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and fled with Hennepin County prior to the issuance of permits. 14. The 20 parking stalls indicated on the north side of the site shall be dedicated as off -site accessory paring for the sole use of the adjoining property. Said declaration shall be tiled with the titles to the property prior td the issuance of permits. ,15. An amended Special Use Permit for off -site accessory parking on Parkway Circle, the central parting lot and adjoining areas relieving the subject property of its 153 parking stall dedication shall be granted and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and tiled with Hennepin County prior to the issuance of permits for this project. 16. All work performed and mauenals used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 3 -16 -95 5 Commissioner, Holrnes asked who checks the building for inadequacies such as only one bathroom. The Sec:ecar; noted the City building official monitors this. • ACTION RECO�Lt1(EN - DING APPROVAL OF APPLTCATiO - LN' iti0. 95003 BROOKDALE OFFICE PARK PARTNERSHIP) There was a motion by Commissioner Boeck and seconded by Commissioner Nfickelson to recommend approval of Application No. 96003 submitted by Brookdale Office Park Partnership for a Special Use Permit amendment to ailow an expansion of the Cardinal Stritch College operation located in the Brooklyn Center Off Building, 3300 County Road 10, subject to the following conditions:, p If l 1. The amended S ecial Use Pe^nit is issued to the f of Cardinal Stritch College to operate an expanded night school in thing office building at 33C0 County Road 10. The school shall be all,300 square feet of rentable space on the fourth floor as indicated in mittal. Any further alteration or expansion `of the school use withi the office building, shall require an amendment to this Special,Use Permit. 2. The applicant shall receive a�sewer 'availa ility charge determination from the JNIWCC and final approval from the Building Official with respect to e :icing and occupancy prior to the issuance of a building permit for this expansion. Classes shall be held between 6:00 \ p. m. and 10:00 p. m. weekdays and on weekends. No weekday day time classes are inclined as par of the approval of this amended Special Use Pe.^nit. '. The amended Special Use Permit is subject to ail applicable codes, ordinances and regulations, any violation the .of shall be grounds for revocation. Voting in favor: Chairperson Willson, Commissioners Boeck, Holmes, Nfickelson, and Sander. Tine motion passed unanimously. 71e Secretary noted that the aondc will be referred to the City Council at the tifarch 27, )996, meeting. The applicant is rewired to be present at the City Council meeting. If any caanzes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. APPLICATION N0. 9600' (V7NSTAR CORPORATION) Chairperson Willson introduced the second item of business, are .quest f�om VenS Corporation recuestunQ site and building plan approval for a 60,090 square foot building for General Litho Services. Inc. to be located west or " Parkway Circle, north of the Holiday Lnn. l ne SzC7Z =1 t)r2S the Stall r- -,or -, used overhead to show the 1Gcadon and (Se2 ?lanninz Commission I n or Sind - -t for A No. 9- 41, attached). • 3 - i6 -a6 7-le Secretary also displayed the pians for the proposed building. Chairperson Willson asked whether changing from 153 ar'.<ing spaces to 20 spaces will affect the ocher buildings. i fie Secretary said the spaces will be re- allccaced. He also noted there has • been some illegal par:dng in an unimproved area of the property. The City was prepared to give a one year notice to put in a hard lot and the problem subsequently ended. The number of parking spaces allotted is alright although they may not all be convenient. At present, the Shingle Creek Land Company owns the parl�ng area, but they will probably attempt to Sell it. Regarding utilities, Commissioner Sander asked whether the green strip area is required by the City. T ne Secret said the ar strip is not a note w' g t Y necessity but without 't he � - p y i t pa rkin g wouldn't P be delineated from the neighbor's parking. The Secretary noted he had met today with the applicant and the had discussed the proposed Y P P exterior finishing g or the buildin. Concerning whether the e _ _ = h exterior would be In ke.,pin with other buildings in the area, the applicant's position is the proposed building is more of an industrial building than the oche.-S, which are commercial use. The Secretary agreed with the applicant that the building as proposed would equal the appearance of the IVITC building. In addition, two offices buildings across the street have exposed aggregate finishes. v _ �o � s. Tne Secretary, after evaluating the situation and reviewing inrormation offered by the applicant sated he was satisfied with the proposed exterior finish. The Secretary also pointed out the location or the tl-ash receptacles, which is new information noc included in the report_ City Star: recommends approval or the application subject to lb conditions. No public hearing is required. A representative or VenStar Corporation was p resent at the meeting. Commissioner Boeck indicated he liked the use or the property. He questioned some utility issues, i.e. a 72 -inch pipe. A discussion followed. He also noted the approval of this land use would end the City's opportunity to improve the detention. He questioned how to require the developer to provide a clew. ^ -up regarding Shingle Creek. The Secretor-/ agreed and noted the eeveleper IS aware Or the SILLaCICn. The cur. -Ie ^.t plan is sur :Ic.ent for die present time. In the case or a later expansion, those recuiremems will have to be addressed. It will be riecessary to deal with we land riidgadon, filling, and holding ponds. If all issues were addressed at this ti consz:uction would be delaved and thev would not be able to have occupancv by fall as desired. Therefore, the plans were split up and the possible 20,000 square root ex ansion will ave to be reviewed later. Commissioner Bcec:c asked whether the City inspects for final approval before occupancy or the new building. The Se said th ere is a c. dific or occupancy issued. In Tact, the conQltlons t0 :he applic --don must -e in before a buildin? pe'mIt Can be iSSLed. Dave E:icksmoea, a representative of the eontr-,ctor, noted a civil engineer has considered all Of the questions raised regarding utilities. it provided another plan. He said one portion of the weland will need to be tiller. He noted ahe site was difficult to deve'.op. The owner needs • assurance he will ultimately be allowed to have SO,XO feet of building. The Corps of Engineers will not be approving the project until July, so there are time constraints. The issue of the ditch has been addressed and reviewed with the City Engineer. Commissioner Boeck commented there should be an effort made to be sure General Litho does not believe there is definite permission for expansion. He asked whether there will be open - ditch drainage. The Secretary said there will be. A lengthy discussion of drainage followed. Commissioner Boeck asked how far the water would drain. Nfr. Ericksmcen noted the Ciry Engineer had certified the plan. Chairperson Willson noted this issue applies to the future and that discussion should be held at the appropriate time. Nlr. Ercksmcen commented the owner has every intention of complying with all requirements. Commissioner Holmes asked whether General Litho is a new business. yfr. Ericksmoen said General Litho is an established business which has leased space at 6860 Shingle Creek Parkway in Brooklvn Center. It is a successful business which needs more room and wants to own, rather than lease, a building. C hairperson i' ,- r t . n W .. airpe o W ills on asked w' ,. . e and w • d ne ne. she company ant,cipates having any oyprcduc: wan _ whe ther , . u pas a plan for dealing with It. l�Ir. Enccsmoen said he was not aware or any such issue and that it may be considered in the building permit. '2 Encksmoen. added he did not believe the company's current lease carries any Special applications due to such an issue. Commissioner Bceck asked whether there are concerns for the Fire Chief. The Secretary said he is not aware of any concerns. General Litho has had to comply with codes in the leased building. 7h is no surprise element with an existing business. Commissioner Boeck asked whether there were reasons other than economic which led to the choice of building exte riors. He wondered if this type of exterior allowed the building to be completed more quicldv. Mr. Erici smeen stated the owner preferred the material as it is durable and 'nigh quality. He prcduced photographs of buildings with similar flushes. Commissioner Holmes asked what the City's concern had been with the exterior. The Secretary noted most buildings in the area are of brick ccns�ucdon and the .. i _ C.tv would lz_< the nz w bul:eing t0 fit In. l nerl was fur - u"ier discussion conce^I1nz aware` ate i1nishes. ComMissicner BceCl< c^ nre t a_kar color of a_ might .,mme ..,.. iii.. Q Qy re?ate iTi.�.it m th brick u �Q l Q better. Mr. -'. _ b L n � 'iC :CSmOZn Side. r e OWIl COUId C COSe t%e darker i:iliSh. He reltirated the J -1 0 surrounding beck buildings are off buildings, whereas the proeosed building is only 20 percent orrice space. Commissioner Sander asked whether the aggregate Finish results in less maintenance. N(r. • Ericicsmoen said it does. In addition, the use of a brick exterior would double the cost and is not a viable option. Commissioner Sander noted a building this size would look better with the aggregate than with an all back finish. Commissioner Holmes expressed concern over the success of the area as a whole and over the mix or industrial and commercial concerns. Although the area is zoned industrial, he is afraid this building might "stick out. Mr. E:iccs„ oen noted the proposed building will be owned by an employer who employs 70 persons. It is a current Brooklyn Center business. There was a discussion concerning access to trucks. Chairperson Willson asked whether the business will operate three shirts around the clock. Mr. Ericksmoen indicated he knows there are two shifts, but is unsure if there are three. In regard to Condition No. 15, Chairperson Willson suggested a change in wording from "•.• shall be grant:ed..." to "...will be required...," as the wording is premature. There was a consensus or opinion to change the wording as suggested. • Mr. Ericzmeen indicated the contractor is comrorable with the conditions. Regarding Condition No. 10, Commissioner Bee--k asked which pe.*mits were referenced. The Secremr ; said the condition refers to building permits. Other approvals must be presented in order to obtain the building permit. There was a consensus or opinion to add the word "building" in all appiicabie re. rences in the conditions. Conditions Nos. 1, 2 3, 10, 12. 13, �5 ar ali -- Regarding Condition No. 12, Commissioner Bceck requested the addition or the words "to the City 1 fie Se - rioted it is not necessary as it refers to the salve cian. There was a mciion by Commissioner yfickelson and seconded by Commissioner Sander to call the quesron. The ;,potion passed unanimously. ACT "ON RECOMMENDING APPROVAL OF APPLICATION NO. 9500^— (V ENSTAR CORPORA i TOti) TM was a ir,etion by Commissioner Nfickelson and seconded by Commissioner Bcec :'- to recomr^end appLOva1 or AepllcarOn No. 9500. submitted by VenS - Corporation for site and building pian approval for a 60,090 square foot building for General Litho Semites, Inc. to be located west of Parwav Circle, north of the Holiday Inn, subject to the following conditions: 1. The building plans are subject to review and approval by the 3uilding Qfiicial with respect to applicable codes prior to the issuance of building permits. ?. Grading, drainage and utilities plans are subject to review and approval by the Engineering Department prior to the issuance of building permits. 3. A Performance Agreement and supporting Financial Guarantee (in an amount to be determined by the City ititanager) shall be submitted prior to the issuance of building permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. i. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City • ordinances. 8. 8 -612 curb and gutter shall be provided around all parldng and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the Performance Guarantee. iV. T grope ^i owner shall enter into an easement and agrlee neat for maintenance and InS.eC'won of utility and storm dr ainage systems, prior to the issuance of buildL'ig der mits. = 1 • 1 _ e apDl1Cant Siiall provide appropriate erosion and s ediment control devices on the site during constriction as approved by the E:igineerina Department. J =• T:ie storm drainage system sliriail be approved by the Shingle Creek Watershed Management Commission prior to the issuance or buiidinQ pe nits. l3. Ponding areas re1,unred as a pal: or th st0 a drainage pla+, shall be protected by an approved easement. The easement dccumlent(s) shall be executed and :ilea witili H27nepin County prior to the issuance of building pe.^iirs. 3 -I6 -9r � 1Y. The 20 parlcng stalls indicated on the north side of the site shall be dedicated as off -site accessory parking for the sole use of the adjoining grope ty. Said declaration shall be riled with the title to the properties prior to the issuance of buiiding permits. 15. An amended Special Use Permit for off" -site accessory parking on Parkway Circle, the central parking lot and adjoining areas relie`,ring the subject procerty of its 153 parking stall dedication will be required to be aranted and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to u:e issuance of building p e rmits for this project. 16. All work performed and materials used for construc^on of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. Voting in favor: Chairperson Willson, Commissioners Boeck, Holmes, Mickelson, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council' at the tifarch 27, 1995, meeting. The applicant is required to be present at the City Council . meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. i fie Secretar also noted the applicant is aware that any future modification must be brought to the Planning Commission. Commissioner Sander commented it is a compliment to the City that a business owner desires to stay in Brooklyn Center. Mr., Ericksmoen noted the purchase of the property is not vet complete as there an_- contingencies both ways. 1 Commissioner Sander offer.d best wisp :es on . e project. OT' cR BtiSTNESS The Secretary mentioned copies of the studies on adult uses will be provided. The language Z) "property lire t0 property line" will be chaff pd in Lhe Ordinance. Tie E - 110rat0ilutii IS Ill effect for one vear. 1 fie ?SSiie Wi11 come bac t0 the Plann Commission for further consideration. Commissioner Holmes asked whether, the Plannin Commission is consulted on stre<. improvements. The Secretary said here are :i:a.*i`r components to street improvement projects but genes -Lly stre improvement projects are pct reviewed by the Commission. T :e mot.ot]. cassed uriani ricusly. • 7a,! PlarmL.g and Zoning Scecialist re Appication No. 9 "00= submitted by VenStar Coroorati;on. Request for Site and Building Plan accrovai £or a 60,090 sq. ft. building for General Litho Services, Inc. to be located west of Parlcxay Circle, north of the Holiday Inn. He also reviewed the Planning Commission's response to the application, including 16 conditions, 12 of which are sta idard conditions. He noted expansion plans at a later date will need to be approved by the Planning Commission and City Council. He stated the owner of General Litho, Gary Garner, was present. Mayor Krapess asked whether the property is e.dsting wetland. The Planning and Zoning Sperm mist said that a portion of the proper rope.�r contains existing wetlands. Mayor Kragness questioned whether the width of the streets needs to be increased to add ease of access to the property. The Planning and Zoning Specialist said the street was m designed to accomodate a building of this size. CounIcilmember Nfann asked whether this will be the first building in the area with a pond on the property. The Planning and Zoning Specialist said there is a general pond in exstence serving pan of the area. + Counciimerrber Mann asked why there isn't a re Cri I .onal pond. The Planning and ZQnin, Specialist said a regional pond would make sense but there are multi-Die owners of the • prope: to coordinate, and at the c'=, time the City is not dealing with the other owners. The City Nfanager comrsented there is natural drainage m the area which serves the h.nction siznifcantly. Graydon BoeC , a member CL the Pla =n? COPI.:"� ssion, Commended the cc=anV for buildinz In Brooklyn C- - vier. He discusse th use of a 72 -inch pipe. He su?aested mo from levies be used to develop a detention plan using the wetland area as soon as possible. H e ieit uie p1a,T;S fen un?re .�.;pansion should be addreSSe d at tCiS u1Tle. COuncilmer:: Cer Hi llstrom as "< 4 . for the Planning and Zoning It w Z Spec :alist'S response regard iIlsz " e �J���iQB. Tae Planning and Zo i zz Spec. 1?St said th- reT�ISe.'�. dlalIlaQe plaIl is l?einQ l p tih t0 iQL'r i nCut S CetOre fire a.T.plan d plan wZ1l 'De ready aid w1i MZ for it V'v'Ill d e lay consnict.on. 1?e Director Of P',biic Sergi :CeS Staten :here are Limits as to what caT.I be done but options are being developed. 7.r:-:* was Tiot'on by COu..C.lmern"ner Hiilstrom a:-.d seconded by Counciifrenfoer tifarm npr� at„ T`C -iC! to a �v,, - ` C�r_u :: s� ? . piica io :l tip. 9 CC= _ubmi by VenStar Corporat_; on, Subie= to the foilowi :iz cor_diuQn�; • 1. tae builciriz clam are subject to re41e'.V and approval by tile Etiind Q OF -acial xith re$peCt t0 apolicabie codes prior to the issuaZCe of bulilclag per - lulu. v subje _. Gradin draina and uallties plans are sub�e.., to and approval by the Engineering Department prior to the issuance of building permits. -1 PerLorna.nee Aareemeat and supporting Financial Guarantee (in an amount to be dete.=,nined by the Cite Manager) shall be submitted prior to the issuance of bulding per - ,Mrs. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire ersnguishing system to meet IN PA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6- An under round irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signory, which is subject to Chapter 34 of the City ordinances. S. B -612 curb and gutter shall be provided around all parting and driving areas. • 9. The acplicant small submit a as -built survey of the property, improvements and utllity ser -ri lines prior to rele- se of the Performance Guarantee. 10. The proper. :y owner shall enter into an easement and agreement for maintenance aaa mspectien of ut h and storm drainage systems, prior to the issuance of building -• 1 e appliC�^lt s %all D aDDIQDriate eros 3 ^ Q S edii:ient Contr c On th site cu=z const ac as approved by the l:h_a:neer±z Deoai =ent. 1 =- Tie st0i.0 drainage SVSteil silt be aDDl0veq DV the Jilingl Creek ti�iatershed Manaze:'e fit Commission prior to the Lsu?nce cf Ouiicii? Oer:zi:s. __. Ponci%z ar eas re gtired as a pair or t storm drainage plan shall be plOteCted'ov an approved easemenz. The easement doc:.ment(s) shall be exe a and wed with -H n r. ci:l CQL'n7J prier to th LIZSuance or Oull= Deiiiiits. .. pa :ring sta:IS .: cleated Ori the her �h sid QL th site sbas b ce Ca t- as oi- s e acces,Qrr par :Lr� for .he sole use of tye ad oinli._ rope:-,. Said declaration x.11 t;'e ae� - 1 L.. t_le ._lie :Q ::: properties prior to rile i r • ua i z TPA - -' • 19 - a..e ded Special Use cr otfL-site acct "-�� P� _, �..SSvi { D...: :`:1.� o r. �.r :iN3V CirC, t..e central barking lot and adioining areas re ie•ling the subject probe: of its 163 • panting stall dedication will be required to be granted anti as approcnate amendr.ent to the easement agreement and declaration of covenants relating to these probe: pies shall be e.<C aited and flied with Hennepin County prior to the issuance of building permits for this project. 16. All work performed and materials used for coristruc ion of utilities shall conform to the City of Brooklvn Cente'rs current standard specincations and details. The motion passed unanimously. — °-j RE.�IIGN�(EN�T OF 6� AVENZ The Director of Public Services presented the Sta. Report concerning Improvement Project No. 1994 -15, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue. The Director of Public Services discussed the feasibility of, and assessments on, the issue. She noted the project would fall under the Associated Improvements part of the Park and Ride project. Property owners in the area are concerned with safety. This is an opportunity to accommodate the residents' desire to realign 65th Avenue with one -half the cost being paid by the tifCITO. Staff recommends there be no sperm aI assessments to the property ow;iers on the south side of the street. Rather, those amounts will be rolled into the project cost. The NICITO will pay the entire cost of the e=a depth of the pavement and the City will pica: up the rest of the cost, which is estimated to be 594,000. Stan will meet with residents on the south side of the street and the project willl, come back before the Council for consideration in two weeks. Counciiraernber lfann euesIlOned whether the project had already been moved forward by Council with assessr'nents. The Director of Public Services said assessments had not been d isc„ sl in detail prior to th is meeting. The City tifanager -note the City Council had not reach 3 COr1C:,'.Si0a On .he :':lager. St...._ ac es hot 7_ =end assessi c any CrCL'e.:ies as t :ere ar too rian coribiicat - Ions IC Ce^C r�trate bene t. y Coune:lmember 1fami asked whether an as would be at the rate c- S1,500 per prober:y. 7:,e DL-ac: CL P'?bi1C Se: Mated r e racor=endation is i the Cl /pay one-th?rld of the cos: of ti: proi the "fCTO Day one - -^ir d of tLe COS: Cf Me project, and C: ^/ _ av tn„ �ss..ss�l.�._. 01 two I.:h= assess.: -.ent were levied, the total amount would be 519,000. . Cour:Ci.i�:ie:-ber Mann whether -.he s in question is scheduled for won-: somerlm:.e . ,he 7'e :7 3 to 10 year_ on the 2 0 -.rear s::eet .- :prove ^ent p?a.n. Z so, she expressed C� nCCr i a CL': nCt aS�z eSSi ::g r 'u _1aaLy. l:.e D :c,r OF ?ubiic .SerD_ces said :7e Street is on t. e 2 10 - year olan. ►4 fi�.1' C .,�,I�(NCI AN UTIt.,.IT f=1...AN < s . FOR: CI:'NL'RA L L17710 S L'R VI CE S', INC. t I)raokltlrt Center, Afinrresaltt Ri p 4 44 eye ,�_ °.= .�- �c�-i� .�� \ � _ - — \ � � _ a (• ,• \ , Jl � � S7 • --" + d/ / jlr�w 3 •' r ' �,, f f i3J 1 ....1. E:. � — ' ` — — — \ r . � ( 1 1 r � • \ � ,f , / / � \i I �// I _ ( T a u. — � I ► 1 nruz --- o ' �- -��_ � I ...... �,.....; � "4' ,I a• • / � ( J — - — - — - I- -�_ «I R utv. - esoa \ — I\ \ • � 1 �� — 1 /., -_ bum WA BA-FRE KIR DETAIL 7 — -- - - H 1 I' ti� 1 I(N v.14 � •' I \ � "ri .0 KRqu1 roa -- a,�. \, e - 1 (� v ..�� " ]1 •, . 1 �M� IUtt. l' to �' `0 13 ]Y iY _J lllll VenSlar Corp. . < n« K nc.,f..c Y ... •. w f -).1r ITTV ... ,,.,, aD�1e1i- eoi = eeli °I:+ CIW)t.E3 W. /t ON•E CA\G1(4- 7riCI fACb1EER Q nro u•..c�or .aur w( i.._7 i_�Cni.^L_—_-- � �..- ...__...•., f.fnf rr� ... .w.. rygl fu -.c.� Jcl_li —_ V. /lldl_. —__. 1ii 3 City of .Brooklyn Center A great place to start. A great Dlace to stay. ® Date: Nlay 5, 1995 Mr. Steve Woods, P.E. Montgomery. Watson 505 li.S. Highway 169 Suite 555 Minneau lis, tilinnesota 554 RE Shingle Creek Watershed Yfanagement Commission Permit Application - General Litho Property - City of Brooklyn Center Dear Steve: As discussed, a permit application for the above referenced property is again being submitted for the Commission's consideration and approval. As you recall, the site grading was previously submitted to the Commission as a Phase 1 plan and considered at the April 13, 1995 meeting. We have since been notified by the interested parties that all site grading(inciuding wetland mitigation) is intended to be performed at the same time. Therefore, a revised Phase H plan(Charies W. Plowe Rev. 5 -2 -95) is being submitted for your consideration, in replace of the Phase I plan previously submitted. In essence there is actually no phasing of the site grading: the plan labeled Phase H would account for I all grading on the site. As we discussed, I am also submitting a proposed alternative wetland replacement concept for your consideration. This concept was prepared by Jay Riggs of Westwood Professional Services and was . forwarded for your review on March 28, 1995. This alternative plan could accommodate storm water treatment for potential property improvements to the adjacent northerly property, and would also provide funkier treatment for all flows to Shingle Creek from the General Litho Property. I have also included ponding calculations for your review. In addition, the grading plan has been revised to show additional storm sewer and catch basins in the parking lot, and the addition of silt fence for erosion control. Please provide this application for consideration at the Commission's Mav 11, 1995 meeting. If you have any questions, or require additional inform=ion. please contact me at 569 -3340. - Sincerely Scott A. Brink, P.E. City Engineer CC: Judy Anderson — 1;5n Warren Diane Spec :er David Ericksmoen, Ven Star Coro. 6301 Shingle Creek Pkwy, Brooklyn Center, —N 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Communitv Center Phone & TDD Number (61?) 569 -3100 • F--;-Y (612) 069 -3494 An A zrmatiue Action /Equal Opportunities Employer Council Meeting Date 5/22/95 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration is Item Description: Setting Joint Meeting Dates with the Charter Commission and the Financial Commission Department Approval: 4 Gerald G. Splinter, C O Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Discuss possible alternate dates and set a proposed date for joint meeting. Summary Explanation: (supporting documentation attached No ) • I have been contacted by Rod Snyder of the Charter Commission, and the initial date the Charter Commission believed acceptable for a joint meeting was May 24, 1995; however, this date conflicts with the City Council's attendance at the HRG public hearing at the Crystal Community Center. In talking with Mr. Snyder, he is proposing the following possible dates for the joint meeting: Thursday, May 25 (regularly scheduled Planning Commission meeting) Monday, June 5 Wednesday, June 7 The Financial Commission met on Thursday, May 4, 1995, and has requested a joint meeting with the City Council. The Financial Commission recommends one of the following dates: Monday, June 19 Wednesday, June 21 Thursday, June 29 Please review your calendars and express and indicate you preferences for the joint meeting date. Council Meeting Date 5/ /2 22/95 City of Brooklyn Center Agenda Item Number y Request For Council Consideration • Item Description: Discuss City of Brooklyn Center's Ownership of Apartment Buildings Department Approval: G. I rrad,Hoffman, Community ' e o t DiRctor Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) • Councilmember Kathleen Carmody has requested this discussion item. Please see the attached memorandum. • MENIORANDUM TO: Mayor Myrna Kragness Councilmember Debra Hilstrom Councilmember Barb Kalligher Councilmember Kristen Mann FROM: Councilmember Kathleen Carmody DATE May 11, 1995 SUBJECT: City of Brooklyn Center's Ownership of Apartment Buildings Since I drive past the apartment building at 6637 Humboldt Avenue North almost every day, it has become a source of irritation for me. I strongly believe we should not be in the apartment management field. The number one reason is because it puts us (the City) in the position of landlord and housing inspector, two opposing positions. I would like to propose a policy where we would only purchase apartment buildings if we intended to vacate them in a one to six month period at most. I don't care to be in the position of having "our tenants" voice their complaints at an open forum session nor do I want to serve unlawful detainers to them based on nonpayment of rent. I would like to discuss at our next City Council meeting on May 22, 1995. I would grandfather in the current apartment building, since it seems we will be down to one tenant soon. There's no rush on this, so if any of you are uncomfortable with it, I can hold this for a later session. cc: City Manager Gerald G. Splinter Brad Hoffman Council Meeting Date p 05/2 C 2/95 3 City of Brooklyn Center Agenda Item Number CJ Request For Council Consideration • Item Description: Approval of Revised Contract Between the Five Cities Transportation Project and National School Bus Service to Include the Policy for National Drivers Assistance Department Approval: C�4 Nancy G man, As istant City Manage Manager's Review /Recommendation: A=" No comments to supplement this report Comments below /attached Recommended City Council Action: I recommend the City Council approve the contract between the five cities and the bus company at the regular Council meeting of May 8, 1995. • Summary Explanation: (supporting documentation attached Yes ) The contract between the Five Cities Transportation Project, a project jointly agreed to by and between the municipal corporations of Robbinsdale, Crystal, Golden Valley, New Hope and Brooklyn Center, and National School Bus Service, has been revised to include a Policy for National Drivers Assistance. Such policy, as recommended by the liability insurance carrier, states that drivers will assist passengers needing assistance entering and exciting the bus. The contract before you is for the bus service. Funds for this program have been approved in the 1995 budget. Also attached for Council's information is a memo from Assistant City .Manager Nancy Gohman to City Manager Gerald Splinter regarding the Five Cities Transportation Project. • City of Brooklyn Center Memorandum To: Gerald Splinter, City Manager FROM: Nancy Gohman, Assistant City Manager DATE: May 16, 1995 SUBJECT: Five Cities Transportation Program Attached is a copy of the agreement for the operation and management of the Five Cities Transportation Program for a joint Five Cities Senior Transportation Project between the cities of Robbinsdale, Crystal, Golden Valley, New Hope and Brooklyn Center, and National School Bus Service. The major changes in the contract include sections regarding Addendum numbers two, three, and four, which mainly relate to an agreement with the bus company that the drivers will assist individuals who are disabled or who need assistance boarding the bus with such assistance. As shown in Addendum ##4, the Policy for National Drivers Assistance has been reviewed and recommended by the insurance carrier for Five Cities Transportation. I have also been informed the Council has several questions regarding the Five Cities Transportation Program. Listed below are the questions as I understand them and the answers I received when asking such questions: 1. Who is served by the Five Cities Transportation Program? The Five Cities Transportation Program serves seniors, aged 60 and older. 2. What is the schedule of the Brooklyn Center Five Cities Transportation Program? Kathy Flesher, program supervisor in our recreation department, works directly with Rita DeBruyn, the seniors' program coordinator specifically for this transportation program, to schedule rides as directly needed and used by Brooklyn Center residents. A typical schedule includes grocery and shopping outings to Jerry's New Market, Target, Kmart, Walmart, Brookdale, and also Ridgedale, Byerly's in Golden Valley, and Cub in Crystal. 3. How many Brooklyn Center residents ride the bus? In 1994 there were 2,366 rides scheduled through apartment complexes, and 336 rides scheduled for home pick up. Gerald Splinter May 16, 1995 Page 2 4. Does the Five Cities Transportation Program allow for home pick up. Yes, Brooklyn Center was one of the first to incorporate home pick up into the Five Cities Transportation Program. S. What is the cost per ride? The cost per round -trip ride is $9.84. This includes the $1.25 donation by the person served and any Title III grant funds that we have obtained to run the program. 6. Are there other alternative transportation programs? There are other transportation programs such as MTC if you are on a bus line; using a taxi cab; and finally, if you qualify for Metro Mobility. Other than that, there are no comparable senior transportation programs in this area. In past years, CEAP had a program that would provide transportation, but they are no longer offering a transportation program of this type. 7. What about medical transportation? The Five Cities Transportation Program does not coordinate medical transportation. If the City Council is interested, the program could investigate adding medical transportation, but it would be at an additional cost and additional service for ridership. Another option for the City if they are to add medical transportation is to contract with Camden Advantage or Champlin Senior Transportation Program, to add an additional contract for service and additional fees for transportation in the area of medical. S. What are the advantages of'the program? The main advantage of the program for Five Cities Transportation is cost effectiveness. Working together as a group with five cities in coordination of transportation lowers the cost than if the City offered a program such as a taxi cab hop -a -ride program or went on their own having their own transportation bus service. Secondly, safety is a concern when coordinating a seniors' transportation program. Typically, you will find most seniors will not ride MTC or are hesitant to call a taxi for ridership due to their own safety concerns. Seniors are more comfortable once they have the same drivers who maintain the same routines and schedules in the transportation program. Gerald Splinter May 16, 1995 Page 3 9. What is the overall cost for the program /how are costs shared between cities? The cost for the program between each city is $11,010 each for 1995. This is reduced from the 1994 cost for each city of $11,500. 10. Transportation in General Northwest Hennepin Human Services Council is working with a committee on transportation to study the whole transportation issue in the northwest suburbs. I plan to keep in contact with Patty Wilder, executive director, on this topic as it progresses through the study. As we all know, transportation is a need in the northern suburbs. In my opinion, the Five Cities Transportation Project is a good solid program for senior transportation. If the City Council desires, we could investigate expanding the program to reach other areas in 1996. But, as we all know, expansion of a program requires additional funding. Recommendation I recommend the City Council approve the Agreement for Operation and Management of the Five Cities Senior Transportation Project, the contract between the five cities and National School Bus Service. We have been in operation in 1995 and we would like to continue operation of this program. As always, if you have any questions regarding this matter, please don't hesitate to ask me. Attachments Council Meeting Date 0 City of Brooklyn Center Agenda Item Number �+ 3 Request For Council Consideration • Item Description: Pay Equity Compliance Report Department Approval: WV� Nancy man, Assi t City Manager Manager's Review /Recommendation:' No comments to supplement this report Comments below /attached Recommended City Council Action: summary Explanation: (supporting documentation attached Yes ) The City of Brooklyn Center was notified by the Minnesota Department of Employee Relations (DOER) that we must submit our pay:equity information as required by the Local Government Pay Equity Act, M.S. 471.991- 471.999, and Minnesota Rules, chapter 3920, by June 2, 1995. Our pay equity data must be current as of May 2, 1995. I am presenting our pay equity report to you at this time. Data listed on the report is as required by DOER, listing job values and pay for all positions effective May 2, 1995, which work at least an average of 14 hours per week and 67 days per year. This report is for Council's information and no Council action is needed at this time. • City of Brooklyn Center Memorandum To: Gerald Splinter, City Manager �� F ROM: Nancy Gohman, Assistant City ManaQe�' b DATE: May 17, 1995 SUBJECT: Pay Equity Compliance Report - Report Information Current as of May 2, 1995 The City of Brooklyn Center was notified by the Minnesota Department of Employee Relations that we must submit our pay equity information as required by the Local Government Pay Equity Act, M.S. 471.991 - 471.999, and Minnesota Rules, chapter 3920. Our pay equity data must be current as of May 2, 1995. Attached is the required pay equity report that must submitted to the Minnesota Department of Employee Relations, postmarked no later than June 2, 1995, as required by statutes and rules. In conducting preliminary runs of the data on the Minnesota Department of Employee Relations compliance and computer reports, it appears we will be in compliance with equity. I ask that this information go before City Council at its regular meeting of May 22, 1995, for their information. After Council has received this information, I will forward it to the Minnesota Department of Employee Relations along with complying with the official postings. It is essential that Council receive this information prior to June 2, 1995. If there is a problem with submitting data by June 2, 1995, the City could be found in noncompliance with Pay Equity which could include fines up to our maximum amount of local government aid from 1993 to the present date. I would recommend Council receive this information at the May 22, 1995, Council meeting and forward it to Minnesota DOER immediately following for compliance. As always, if you have questions regarding this, please don't hesitate to ask me. Attachment Pay Equity Implementation Repor,' ;end completed repo' to: For Ceper - ,ment Use Orly Pay Equity Cccrdinctor Department of Employee Reactions Pcstmcek Date of Report ^CO Centennial Building 18 Cedar Street �— Jurisdiction iD Number St. Paul, MN 561-5-1603 (612) 296 -2653 (voice) (612) 297 -2003 (TDD) C Name of Jurisdiction 2 City of Broklvn Center ®city ❑County [I School Other: U = Address I City State Zip 6301 Shingle Creek Parkway Brooklyn Cent M 54 a — Contact Person Phone a Nancy Gohnan 569 -3300 Q The job evaluation system used measured skill. effort, © No salary ranges /performance differences. responsibility and working conditions and the same Check here only both of the followin a system was used for all classes of employees. l`1 g pply; other - Check the system used: wise. leave blank. a. Jurisdiction does not have a salary range for any job 0 State Job Match cress. b. Upon request, jurisdiction will supply documentation a 0l Designed Own (specify) showing that Inequities between male and female classes are due to performance differences. a Note: Do not include any documentation regarding v G ® Consultant's System (specify) performance with this form. > HR Focus -- PDI 0 An ott iccici notice has been posted at a ❑ Other (specify) O City Hall -- esoloyee bulletin boards (Cromrnent foccti°n) m ttc Health insurance benefits lnfarming employees t tthe Pay Equity Implementation s for mete and feale classes Report has been filed and is available to employees upon of comparable value have been evaluated and: request. A copy of the notice has been sent to each exclusive There is no difference and female classes are not representative, if cny, crid also to the public library. The report at a disadvantage. was approved by: ® There is a difference and the maximum seiaries Ci tv CCUnC i 1 reported include the monthly amount paid by the ° m employer for health insurance. Myrna Kragnes s © intcrmation in this repot is complete and accurate. (C.tief elec fed 0fflcrj., -Mr) Q The'repert includes all classes of employees over (C. aeteie 'edotf cx:t Wgr)Crure) which the Jurisdiction has inel budgetary approval authority. Mavo r (r e) (dare) ©+ Result ,tcm Sctcry Rcrge Worksheet 101.01 A is the result of average years to salary range maximum for male Classes divided by the average years to salary range me)dmum for female classes. a ? ^ Results from Excepficnci Service Pcv Worksheet 2C°.o or less of male classes receive ESP. mmm_ X A is the result of The percentage of female classes receiving ESP divided by the percentage W of mcie classes receiving ESP. a a S 7.219.832 s the cnnuci payroll for tt caiendcr year just ended December 31. a (Pcr F or Back) PMT F: Joass Information Date 05/02/95 _ Ci.ty of B Center (game of Jurisdiction) 6301 Shingle C reek Parkway (Address) -_ -- _ _ Broolclyn Center, MN 55430 - 2199 Phone 612/569 - 3300 To convert hourly Address) rate to monthly, multiply rate x 173.3 A 0 C D E F G 11 I J Number of Number of Class Co arable Minimum Hale Female T e Maximum Years #Years Exceptional Glass_IiELe yP Nor Value Monthly Monthly to of Service EmaLnyees EmtzLQ fl. _E._Q 1,10b TuAatil Salary Salary - )UK - �erfrite_ i . — PT Cor nmu- I t:y C en ter A ide 0 1 F 33 ; 806 ; 971 2 2. _ Baby Si ttTrup 0 1 -- 1 ' 33 ; 1048 ; 1092 3 3. PT PD Cadet — 1 - 0 M 33 893 ; 893 2 i. PT EBH Hou 0 3 F 33 ; 1071 ; 1482 -- ;. P'I' 1BIIC (:us Lo an_ 1 1 B 33 1116 V �� - - -- ; $ 14 8 2 6. PT Asst Preschool Teacher 0 1 — F 33 ; 11.18 ; 1282 3 7, PT Comm Ctr Se tup 1 _ 0 M 33 �- 1161 ' — ; ; 1378 1.5 a. PT Custodian 2 0 M 33 s 1520 1851 ). Custodia 2 0 M 33 $ 1520 s 2186 10. PT EBHC Setup Crew 10 0 M 3 $ 1116 _ ; 1482 H. PT Golf Course Clbhs W kr TI 1 1 B 37 ; 1048 ; 1230 3 12. PTT TA (I S Lr Cash i er /Cl k/S tk 5 5 B 37 $ 881, 1438 13. PT EBHC Clerk /Typist 0 1 F 42 — $ 1438 $ � 1804 14. PT Golf Course Clbhs Wkr 1I 3 1 B 42 ; 1274 1456 3 15. PT Llq Str Cashier /Off Asst 0 1 F 42 = 1256 ; 1690 - ----- _ PT EBHC Hostess 0 4 F 42 ; 1249 ; 1598 Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50comp NOTE: Maximum salary for full -time positions incl.ude.maximum monthly insurance contributions by the City. 0 PART F: Jo *ass Information pate 5/ 02/95 C ity o f Brooklyn Center (Name of Jurisdiction) _ 6 Shingle Cree Parkway (Address) —~ - Brooklyn Ce nter, MN 55430 -2199 To convert hourly Address) Phone 612/569 -3300 rate to monthly, B D multiply rate x 173.3 A C E F G !I I J Number of Number of Class Com arable Minimum Hale Female Exceptional Maximum Years #Years Class��.tle Type Nor Value Monthly Monthly to qr E - Empl2yeej H. F B 1,1� Pnin jjj saw of Service 1, PT EBHC Night Auditor 2 0 >y- -�� SerY�� pay__ M A 42 ; 12_ 95 ; 1477 2. PT EBHC Maiut. W orke r 4 0 ` M 42 ; 1362 ; 1632 3. P`1' E 11 Set'll) Crew Ch 3 1 B 4 — L - _ ; 1249 $ 1556 A. PT Comra Ctr Supervisor 2 2 B 42 $ 1525 t 1707 1.5 3. PT Police Rec Clerk 0 1 _F 42 ; 1598 ; 1944 6. PT Asst G olf Manager 1 0 M ; 1586 1 1734 3 _ 7, Receptionist 0 _ 2 I' 42 ; 1598 ; 2279 B. PT Clerk /Typist 0 5 F _ _ 4 ; 1638 61993 7 Se 0 3 F 4 - - -- _ $ 180 8 2534 10 Night Service Person 1 0 M 4 ; 2575 $ 2910 11. _ PT Typis /D ata Entry 0 4 F 4 ; 1808 21 99 12. --T Col- Maim. III 1 0 M 4_7 945 - -- $ 997 3 13. PT H11C (l ead H ousekeeper 0 1 F 48 ; 1402 -- ; ].719 14. PT dead Preschool_ Tchr 0 1 F 48 ; 1915 _ ; 2 3 4 0 3 15. Secretary /Data Entry 0 8 F 48 $ 1808 $ 2534 16. Seasonal PW — 20 1 _ M 4 ; 1249 $ 1312 Please make additional copies of this form as needed to allow space for all the Job classes in your Jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, HN 55155 Questions: Call (612)296 -2653 50comP NOTE: Maximum salary for full -time positions include maximum monthly insurance contributions by the City. PART F: Sass Information Date 05 /02/95 _ Cit of Bro Center (Name of Jurisdiction) _ 6301 Shingle Creek Parkway ( Address) Br ooklyn Center MN 55430 -2199 Phone 612/569 -3300 To convert hourly rate to monthly, multiply rate x 173.3 A B C 0 E F G 11 1 J Number of Number of Class Comm G - la=s 11.t1e pe Nork pparable minimum Maximum 1 Male Female Ty Value monthly Month] Years #Years Exceptional Emal - ayeei Enlawyeel H, F. a Llnli_Psti.nw Salar_y._ Sala y to of Service 1 T Go Maint. TI -max- - re- — _�Ay___ . � — 2 _ M 49 5 2_45 $ 1031 2, P'1 Golf Ranger 5 0 M 49 9 ( _ 1178 3, Property Ro S — 1 0 M 4_49�� — ; 1853 ; 2590 .1 Code Enforce Officer 1 0 11 49 ; 1853 ; 2590 ;. PT Co Enforcement 2 0 _M 49 $ 1853 $ 2255 6 _Police Classification Operator _ I I' 49 7 Engineering /Assessing Secretar 0 2 — $ 1853 ; 2590 _ F 4 _ 9_ ; 1853 $ 2590 p, Mechanic 3 0 M 51 ; 2J29 $ 3064 7 EBlIC Asst Tnnkeeper 0 l I 52- 1598 $ 2279 10, PT Lifeguard 6 6 B 5? 1152 $ ; 1334 11. Maint II 23 0 M 5_ 2 1 -.5 ; 1891 ; 2954 _ 3.5 12 A ccounting /litil Technicia 0 2 r 52 — ; 1995 $ 2763 13. PT Golf Main I 1 0 M 53 14 Assessment Technic 0 $ _1326 $ 1516 1 ' 53 $ 2149 $ 2950 15. EB11C Maintenance Cus tod tan 1 0 MV 54 ; 2149 - - -- I 'I 1 Dispatch _ _ 1 5 1 55_ _ _ $ 2149 ; 2950 $ 2950 i,Please make additional copies of this form as needed to allow space for all the ,job classes in our J Y .1 $diction. 'Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50comp NOTE: Maximum salary for full-time positions include maximum monthly insurance contributions by the City. PART F: Jass Information Date 5/02 /95 Ci Of Br ooklyn Ce (Name of Jurisdiction) _63_01 Shingl Cre ek Park (Address) - - -� - -- _ _ Hr2 Cevt MN 55430 -2199 Phone 612/569 -3300 To convert hourly Address) rate to monthly, multiply rate x 173.3 A B C D E F - G ll I J Number of Number of Class Comparable Hinimum Haximum Years # Years Exceptional Hale Female Type Wo Value alue Honthly E Honthly to Class_I1.tl.e m Inyees EmRlnyEes H. E t1uti- Pnlnts.l Sal_ar� Sala cY_ Max Pay- - 91 of Service rYi_ze_ i. Pa /Personnel Technician 0 1 J i F 57 ; 2149 $ 2950 2. _ 1'T Main tenance Cus tod f an l 0 _ — M 58 ; 1676 $ 1851 _ —� - 3, Maintenan C ustodi an — l 0 M 58 $ - 23 72 $ 3222 .1, Admin Aide_ /Deputy City Cler 0 2 F _ 59 $ 2203 ; Officer 3016 Po Off i. _ 28 — - -- M - -- 59 ( 2439 3707 3 - - -- — 6. Aqu atics Super $ - - - - -- — 0 1 1' _ 59 ; 2215 $ 3032 'I 7. Go lf Supervisor _ 1 _ 0 M _ 5 9 2215 - ; $ 3032 0. Li S upervi sor 1 1 13 59 $ 2215 $ 3032_ — ), — Com munica tio ns Coo 0 1 F 60 $ 2553 3107 f0. Engineering Tech ITI 3 0 M 63 $ 2554 3444 _ 11. P ublic Services MIS Tech O 1 I' 63 2554 $ � $ —_ 3444 12, E1311C Sal esperson T —_ 2 - 1 B 6 -- 3 $ 2445 $ 3311 -- — 13, H ousin g I 0 1 F 6 $ 2431 3293 14. Admin Asst /Dep City Clerk 0 1 F $ -- 63 $ 2445 $ 3311 15, Maintenance Super l 0 M 6 9 — $ 2735 -- $ 3621 16. S taff Servi Supevi.sor 0 1 F 70 $ 2445 $ 3311 Please make additional copies of this form as needed to allow space for all the Job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, W4 55155 Questions: Call (612)296 -2653 50comp NOTE: Maximum salary for full - time positions includes maximum monthly insurance contributions by the City. PART F: lass Information Date 05 02 9 _ C:i of Brookly Ce (Name of Jurisdiction) _ 63 Shing Cre Parkway (Address) Brooklyn Center, MN 55430 - 21.99 To convert hourly Address) Phone 612/569 -3300 rate to monthly, multiply rate x 173.3 A B C D E F G 11 I J Number of Number of Class Compparable minimum Maximum Years # Years C lass_ll.t.le Male Female Type Nork Value monthly monthl EmRlayees EmR"'yeel ti F. B Ija Poin tIl Sale S alary — to Exceptional Service 1. Ser can -max_ or of �ECY.iLE_ _.—_P - - M 65 $ --. 4052 $_.... 2. EBlIC S ales _Di rec t:or 1 0 M, 7 � 71 - - _ ---- - - - - -- - $ 2837 S378 ____ 3. , BII I 0 M 71 $ 2837 ; 3 787 .1. PD Adm inist rati ve Analyst 0 1 1 -_ 7 2 _ ; 2906 ; 3825 ;• B uilding Inspec - 1 0 M -'- _ — _ 73 ; 2820 ; 3766 6, _ Program Supervisor . __l___ - -_ -_2_ !, Ti 73 52 979 $ -3962 7 EBIIC Maintenance Supervisor _ 1 0 M 74 _ 2979 ; 3962 0. - Communit Develo)m Speciali l 0 7, A i rais IT l 0 M 7 _ 5 ; 3036 ; 4030 10. Public liti.lities Supervisor 1 0 M _ 11, St reets /Parks Supervisor — 1 0 M 6 76 ; 2 9 6 2 ; 3940 7_ ____ 12. Staff Accountant $ 3270 ; 4314 0 1 - --- -_ ,_.__ - - -_ - -- 1 ' 78 $ 313 0 ; 4144 13. Building Off Ic!a]. 1 0 M — 8 - 7s ; 3130 ; 4144 _ 14. _ Liquor St Ma nager 1 r. - - - 0 M— -Z 9 $ 3 Z21 S 4.$ 15. Pl /Z in on M 80 _Specialist l 0 -_ $3 371 - --- -_____ i 5 4 9 2 9 1 Public Services Coordinator 1 0 M 8_ 3' — 3210 ; 4239 Please make additional copies of this form as needed to allow space for all the ,Job classes in your ,Jurisdiction. — Return to: Faitli Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, mN 55155 Questions: Call (612)296 -2653 50comp NOTE: Maximum salary for full -time posiLions includes maximum monthly insurance contributions by the City. PART F: *ass Information Gate 05 02 95 _ Ci tY of B ro okl y_ Center (flame of Jurisdiction) ----- _ 6301 S hingle Creek Parkway (Address) Br Center, MN 55430 -2199 612/569 -3300 To convert hourly Address) - Phone rate to monthly, multiply rate x 173.3 A B C D E F G If I J Number of Plumber of Class - pay_ to Com Exceptional arable Minimum Maximum Years # Years Class -Jihle Male female Type Hork Value Monthly Monthly EM1110Yeel Ema_La tf._.E_.-l} jjQ P jntSj c,��r� S alary - -Max -- at of Service - Serxi�e_ 1. n =s eering T IV _ 1 _ 0 M 81 ; 3270 ; 4314 2. _h1j Co ordinator — 1 0 _ M 82 ; - 3456 s 4541 3. - EB11C Man1 er — 0 1 F — 82 ; 3456 s 4541 .1. Public Works S uperinten 0 M s -' —�- - dent 1 _ 84 ; 3910 ; 5094 i. Cit F.rtltneer.• — --y— f--- ----- - - - - -- 1 0 - -- -- r -- — 8 5 ; 4 315 5588 6. CaLtaIn� _— 1 0 M 85 ; 4008 ; 5212 1. Asst City Mgr /Pers Coord - 0 1 F 85 ; 4008 ; 5212 0 . - Ii�crai iQri_l�ir:tQr— 1 0 M 86 — ; 4204 $ 5459 7 --Aaa " for 1 0 M 86 ; 4107 ; 5335 10. Fire Chief 1 0 M 88 ; 3961 s 52_ 2 11. Assist Finance Director 1 0 M 89 _ ; 3910 ; 5094 12. Commun Deve pen Director 1 0 M 91 ; 4262 5598 - 13. Pol Chief 1 0 M 9 ; 4545 5948 — "- Public Services Director - --' ; 14. 0 1 .F - 98• ; 501 6532 15. Finance Director 1 0 M_ 99 ; 4666 ; 6097 lri. _ Ci tv Man er 1 0 M 11__ 4 S 6124 s 7898 -V Please make additional copies of this form as needed to allow space for all the Job classes in your Jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50comp NOTE: Maximum salary for full -time positions includes maximum monthly insurance contributions by the City. Council Meeting Date 5/22/95 3 City of Brooklyn Center Agenda Item Number Q Request For Council Consideration • Item Description: Family Services Collaborative Department Approval: � Nan 6y ouman, Assistant City Mana Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached No ) Northwest Hennepin Human Services Council has received a grant to work along with several school districts in the Brooklyn Center area to study possibilities of providing human service agency services in satellite sites throughout the community. A family services collaborative planning team has been set up through Northwest Hennepin Human Services Council to discuss this matter. At the present time, Northwest Hennepin Human Services Council is requesting that a Council member be appointed to this planning team. Part of the committee's discussions will focus on possible locations for a satellite human service agency or information bureau within our community. At the present, the committee is talking about either the sites up on 69th and Humboldt in the Shingle Creek/694 area and cooperating with the Community Resource Center (CRC) in Brooklyn Park. In order to ensure that the City has a voice in this matter, I am recommending that a Council member be placed on the planning team to work on this issue. • Council Meeting Date 5122/95 3 City of Brooklyn Center A g enda item Number 14 Request For Council Consideration Item Description: Acquisition of Single - Family Homes Along Brooklyn Boulevard Department ApPdf-, G. man, Community DevelrA irector i Manager's Review /Recommendation: 04 4,4 o44c.) No comments to supplement this report Comments below /attached Recommended City Council Action: Affirm and formalize current City policy with regard to acquisition of single- family homes along Brooklyn Boulevard. • Summary Explanation: (supporting documentation attached No ) As the Council is aware, the City adopted the Brooklyn Boulevard Streetscape Plan at its June 27, 1994, City Council meeting. One of the principal components of that plan calls for "the removal of all single - family residential units (houses) north of Highway 100 which abut the Brooklyn Boulevard right -of- way." The plan calls for the City /EDA to begin the acquisition of single - family homes under existing programs (CDBG and EDA funding). The homes or sites would be acquired and "land banked" for future redevelopment. Under existing programs, the EDA acquires three or four homes annually for demolition. The EDA purchases only those homes that are currently for sale or where the owner has approached the City. Along Brooklyn Boulevard, any home is a possible candidate for acquisition. Homes in other areas of the City are considered for acquisition when, upon inspection, it is determined that the property is significantly blighted and not suitable for rehabilitation. Staff has received a call from Mr. Wayne Woodford who owns a house at 5836 Brooklyn Boulevard. Mr. Woodford is currently trying to sell his home and is concerned that the City's policy will create or is creating a hardship for him because of the uncertainty of a possible future acquisition. At the present time, I would not recommend the purchase of the home because our resources are currently directed towards the area around 69th and Brooklyn Boulevard. However, I would recommend the acquisition of homes along Brooklyn Boulevard be done on a voluntary basis only (i.e., • the home is for sale or the owner has approached us). The Council could formalize the process by resolution if it desires. A clear statement should be made so that owners and potential buyers clearly understand the City's intent and how the City will proceed to implement this policy. I will be available Monday evening to further discuss this matter. Council Meeting Date 5122195 City of Brooklyn Center A item N—ber� Request For Council Consideration • Item Description: Resolution Expressing Recognition and Appreciation of John Henry for His Dedicated Public Service on the Human Rights and Resources Commission Department Approval: 1 --- kML&W Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass Resolution Expressing Recognition and Appreciation of John Henry for His Dedicated Public Service on the Human Rights and Resources Commission. • Summary Explanation: (supporting documentation attached No ) • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN HENRY FOR HIS DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION WHEREAS, John Henry served on the Brooklyn Center Human Rights and Resources Commission from April 25, 1994, through May 17, 1995; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of John Henry is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Deputy 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. Council Mwing Date 5/22/95 City of Brooklyn Center Agen Item m Nubcr 3 da Request For Council Consideration Item Description: Resolution Authorizing the Issuance, Sale and Delivery of Rental Housing Revenue Refunding Bonds (Four Courts Apartments Project), Series 1995A and Tax Credit Investor Revenue Bonds (Four Courts Apartments Project), Series 1995B Under Minnesota Statutes, Chapter 462C, as Amended; Approving the Form of and Authorizing the Execution and Delivery of Indentures of Trust and Loan Agreements and Other Documents; Approving the Form of and Authorizing the Execution and Delivery of the Bonds; Providing for the Security, Rights and Remedies of the Owners of Said Bonds Department Approval: L Tom Bublitz, Community Developm Manager's Review /Recommendation: No comments to supplement this report Comments below /attached • Recommended City Council Action: Staff recommends approval of Resolution Authorizing the Issuance, Sale and Delivery of Rental Housing Revenue Refunding Bonds (Four Courts Apartments Project), Series 1995A and Tax Credit Investor Apartments P Project), Chapter Revenue Bonds (Four Courts A Project . Series 1995B Under Minnesota Statutes ter 462C, as Amended; Approving the Form of and Authorizing the Execution and Delivery of Indentures of Trust and Loan Agreements and Other Documents; Approving the Form of and Authorizing the Execution and Delivery of the Bonds; Providing for the Security, Rights and Remedies of the Owners of Said Bonds. Summary Explanation: ; (supporting documentation attached No ) The City of Brooklyn Center has previously issued two series of bonds to finance the acquisition and rehabilitation of the Four Courts Apartments project; $7,500,000 issued in October 1994, and $2,300,000 issued in April 1995. The additional amount of $2,300,000 was due to the anticipated increased costs of rehabilitation of the property. The proceeds of the prior issues were escrowed pending negotiation of the final terms of the permanent financing. The reason the proceeds needed to be escrowed prior to determination of the final terms was in order to lock in the allocation of authority to issue tax- exempt bonds which is made available by the state. Allocation of tax- exempt bonds is limited by the federal government on a per capita basis and are, accordingly, allocated on a competitive basis by the State of Minnesota. Now that the permanent financing is ready to proceed, the City is requested to issue two additional series of bonds to refund the outstanding previously issued bonds. At . that point, the proceeds of such original bonds will be made available to pay the acquisition and rehabilitation costs of the project. It should be noted that the refunding was always contemplated as part of the project when the final terms of financing were worked out. The old bonds were never permanently underwritten, and this Request For Council Consideration Page 2 action by the Council this evening would conclude the approval of the bonds and allow a closing on the property by the new owners on June 1, 1995. • The bonds are being issued in two series because they are secured from two different sources. The Series A bonds are secured by a mortgage on the project, and are expected to be paid from revenues of the project. The Series B bonds are expected to be paid from payments to be made by the Eloigne Company, the limited partner of the partnership, as its partnership contribution. The Eloigne Company is affilitated with Northern States Power and is a major corporate partner in multi- family rehabilitation projects and a major purchaser of tax credits. All of the proceeds of the Series A bonds and the Series B bonds are applied to payment of acquisition and rehabilitation of the project and related costs. As with all other revenue bond projects, there is no financial obligation on the part of the City of Brooklyn Center. Representatives of the Dominium Company, the purchasers of the Four Courts property, will be present at Monday's meeting to respond to any questions of the Council. • i �J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF RENTAL HOUSING REVENUE REFUNDING BONDS (FOUR COURTS APARTMENTS PROJECT), SERIES 1995A AND TAX CREDIT INVESTOR REVENUE BONDS (FOUR COURTS APARTMENTS PROJECT), SERIES 1995B UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF INDENTURES OF TRUST AND LOAN AGREEMENTS AND OTHER DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS WHEREAS, the City of Brooklyn Center, Minnesota (the "Issuer ") is a political subdivision and municipal corporation duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act "), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to make or purchase loans to finance the cost of the acquisition, construction, improving and equipping of multifamily housing developments to be located within its corporate boundaries; and WHEREAS, the Issuer has previously issued its $7,500,000 Multifamily Housing Revenue Bonds (Four Courts Apartments Project), Series 1994 (the "Series 1994 Bonds ") and its $2,300,000 Rental Housing Revenue Bonds, Series 1995 (Four Courts Apartments Project) (the "Series 1995 Bonds" and together with the Series 1994 Bonds, the 'Prior Bonds "), the proceeds of which were held in escrow and will be used to acquire and rehabilitate an existing 252 -unit multifamily housing project (the "Project ") located in the City of Brooklyn Center and to be owned by Brooklyn Center Leased Housing Associates, Limited Partnership, a Minnesota limited partnership (the "Company "); and WHEREAS, the Company has requested the Issuer to issue its Rental Housing Revenue Refunding Bonds (Four Courts Apartments Project), Series 1995A in an aggregate principal amount not to exceed $7,300,000 (the "Series A Bonds ") and its Tax Credit Investor Revenue Bonds (Four Courts Apartments Project), Series 1995B in an aggregate principal amount not to exceed $2,500,000 (the "Series B Bonds" and together with the Series A Bonds, the 'Bonds ") to provide for the funding of a loan (the "Loan ") to the Company for the purpose of refunding the Prior Bonds. The corresponding proceeds of the Prior Bonds will be used by the Company to pay costs of acquisition and rehabilitation of the Project, certain costs of issuance and fund certain reserves; and WHEREAS the Issuer ro oses to finance the refunding of the Prior Bonds P P g under the Act by the issuance of the Bonds of the Issuer under this resolution; and WHEREAS, the Loan will be made pursuant to the terms of two separate loan agreements both dated as of June 1, 1995, between the Issuer and the Company (the "Series A Loan Agreement" and the "Series B Loan Agreement," respectively, and collectively the "Loan Agreements "); and WHEREAS, the Bonds will be issued under two separate Indentures of Trust both dated as of June 1, 1995 (the "Series A Indenture" and the "Series B Indenture," respectively, and collectively the "Indentures ") to be entered into between the Issuer and First Trust National Association (the "Trustee "), and are secured by a pledge and assignment of certain revenues in accordance with the respective terms of the Indentures, and said Bonds and the interest on said Bonds shall be payable solely from the revenues pledged therefor, respectively, and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation or constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in the respective Loan Agreements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The Issuer acknowledges, finds, determines, and declares that the refunding of the Prior Bonds, and the issuance of the Bonds furthers the purposes of the Act. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Series A Bonds in a principal amount not to exceed $7,300,000. The Series A Bonds shall bear interest as set forth in the Series A Indenture, and shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Series A Indenture in the form now on file with the Issuer. 3. For the u oses set forth above there is hereby authorized the issuance sale P rP � Y and delivery of the Series B Bonds in a principal amount not to exceed $2,500,000. The Series B Bonds shall bear interest as set forth in the Series B Indenture, and shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Series B Indenture in the form now on file with the Issuer. 4. Each series of Bonds shall be a a special obligations of the Issuer le solely p g pyb from the revenues provided pursuant to the respective Loan Agreement and RESOLUTION NO. other funds and revenues pledged pursuant to the respective Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the City Manager of the Issuer (together, the "Officials ") to execute and deliver the Indentures by and between the Issuer and the Trustee, and to deliver to said Trustee the Indentures, and hereby authorizes and directs the execution of the Bonds in accordance with the Indentures, and hereby provides that the Indentures shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the bondowners, the Issuer and the Trustee as set forth therein. All of the provisions of the Indentures, when executed as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Indentures shall be substantially in the form on file with the Issuer, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the Mayor, in her discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 5. The Mayor an i Manager r y d C City are hereby authorized and directed to execute and deliver the Loan Agreements and two separate Bond Purchase Agreements (collectively the 'Bond Purchase Agreements ") to be executed by the Issuer, Piper Jaffray Inc., as the original purchaser of the Bonds, and the Company. All of the provisions of the Loan Agreements and the Bond Purchase Agreements, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreements and the Bond Purchase Agreements shall be substantially in the forms on file with the Issuer which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, as the Mayor, in her discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 6. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Amendment No. 1 to the Regulatory Agreement dated as of June 1, 1995, (the "Regulatory Agreement ") to be executed by the Issuer and Company. All of the provisions of the Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the Issuer which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, as the Mayor, in her R RESOLUTION NO. discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 7. The Bonds shall be revenue obligations of the Issuer the proceeds f b s p o eds o which shall be disbursed ursuant to the Indentures and the Loan Agreements, and P g , the principal, premium and interest on the Bonds shall be payable solely from the proceeds of the Bonds, amounts derived from the respective Loan Agreements and other amounts realized pursuant to related security documents. 8. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 9. The Officials are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including and arbitrage certificate, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. 10. All covenants, stipulations, obligations, and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer by the provisions of this resolution or the aforementioned documents shall be exercised or performed by . such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No, covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not RESOLUTION NO. obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the respective Loan Agreements and related security documents which are to be applied to the payment of the Bonds, as provided therein and in the respective Indentures. 11. The Issuer has not participated in the preparation of the Preliminary Official Statements relating to the Bonds (the 'Preliminary Official Statements "), which Preliminary Official Statements are expected to be amended and completed to add certain pricing and other information (as amended and completed, the "Official Statements ") and has made and will make no independent investigation with respect to the information to be contained therein, including the Appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Bonds of the Preliminary Official Statements and the Official Statements in the form on file with Issuer. The Preliminary Official Statements and the Official Statements are the sole materials consented to by the Issuer for use in connection with the offer and sale of the Bonds. 12. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents express or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any owner of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any owners from time to time of the Bonds issued under the provisions of this resolution. 13. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 14. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed RESOLUTION NO. precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 15. The officers of the Issuer, attorneys, engineers and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which executions or acts shall be valid and binding on the Issuer. If for any reason the City Manager of the Issuer is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by a member of the City Council or the Assistant City Manager with the same force and effect as if such documents were executed and delivered by the City Manager of the Issuer. Date Mayor ATTEST: Deputy 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. Council Meeting Date 5/22/95 3 City of Brooklyn Center � Agenda Item Number Request For Council Consideration • Item Description: Resolution Approving Acquisition of Easements for Roadway and Utility Purposes, Improvement Project Nos. 1995 -07 and 08, Woodbine Neighborhood Street and Storm Drainage Improvements Department Approval: Diane "Spector, Dir�or of Public Sep* --� I � Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Consider a resolution authorizing the acquisition of four easements for roadway and utility purposes. • Summary Explanation: (supporting documentation attached Yes ) The Council will recall that it was proposed as a part of the Woodbine Neighborhood street improvements to "straighten out" the curve at 71st and Kyle Avenue. A "traffic kidney bean" has been proposed to improve the safe of safety this intersection, has been presented to the neighbors, and has received a positive response. To realign this street, we will require the acquisition of easements from three property owners, with the one property owner at the "point" being the most impacted by the need for additional right of way. The owners of this property are very enthusiastic about the proposed modification to the street alignment, as they have had cars run up over their lawn many times. This realignment will require the taking of at least one tree, of which the owners are aware. We have contacted the owners of all three of the properties, and they are all amenable to the proposed easements. The City Assessor has placed the following values on these easements: 7100 Lee Avenue North $1,200 4406 - 71st Avenue North 3,400 7101 Kyle Avenue North 160 Utility and Ingress/Egress Easements A 15 foot utility and drainage easement over the northernmost part of the north parking lot serving the office condos is needed to "connect" the new south storm water pond with the new storm sewer being constructed in the Woodbine Neighborhood. In addition, an ingress /egress easement for construction and maintenance of the pond is needed across the northerly 82.5 feet. The members of the association and the association board are all in favor of providing these easements. The City Assessor has placed a value on the easement at $4,500. The City is also • responsible for restoration of any damage to the parking lot caused by its use during the construction. Funds are available in the construction contingency line established when the project was established, so there would be no overall increase in project cost due to the acquisition of these easements. Should the Council approve acquisition, we will finalize the easement documents and proceed with their execution. 9< Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ACQUISITION OF EASEMENTS FOR ROADWAY AND UTILITY PURPOSES, IMPROVEMENT PROJECT NOS. 1995 -07 AND 08, WOODBINE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the City Council on March 27, 1995 by Resolution No. 95 -92 ordered Improvement Project Nos. 1995 -07 and 08; and WHEREAS, a realignment of a portion of 71st Avenue North was proposed to be constructed as a part of Improvement Project No. 1995 -07 ; and WHEREAS, said realignment would require the acquisition of easements for roadway purposes from the owners of three properties, these owners being amenable to the realignment and to providing these easements; and WHEREAS, a utility easement on one property is required to accommodate the south storm water detention pond being constructed as a part of Improvement Project No. 1995 - 08, as well as an ingress and egress easement for construction and maintenance purposes; and WHEREAS, the City Assessor has reviewed the proposed easements and has placed on them the following values: Roadway ADDRESS PID VALUE 7100 Lee Avenue North 27- 119 -21 -32 -0015 $1,200 4406 - 71st Avenue North 27- 119 -21 -32 -0016 $3,400 7101 Kyle Avenue North 27- 119 -21 -32 -0017 $160 Utility, Ingress, and Egress ADDRESS PID VALUE 7050 to 7086 Brooklyn 27- 119 -21 -33 -0080 through $4,500 Boulevard 27- 119 -21 -33 -0096 RESOLUTION NO. is NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The acquisition of the four easements detailed herein is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to execute easement agreements with the owners of the four properties, at the value determined by the City Assessor. Date Mayor ATTEST: Deputy 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. 7101 KYLE AVE 4406 71ST AVE r b ►►WL MH29 Wa � N C0 ZD /0• —f1- �� O i 0 S� t 4413 71ST. AVE. 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Summary Explanation: (supporting documentation attached ) In observance of Volunteer Recognition Week and Earth Day 1995, volunteers from the Adopt -A- Park/Trail /Street Program participated in a spring kick -off event Saturday, April 22. More than 80 volunteers met at Constitution Hall for a continental breakfast before starting their clean -up efforts. Groups that were unable to participate on Earth Day did so during the week by giving generously of their time to clean their adopted facilities. The high level of participation in the Adopt- A- Park/Trail /Street Program indicates a great amount of community support for our park and trail system as well as our streets, and a desire to maintain the quality of them. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET SPRING CLEAN -UP /EARTH DAY CELEBRATION WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have generously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, Adopt -A -Street spring cleanup and Earth Day 1995 Celebration; and WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the public service of the following groups is hereby recognized and appreciated: Carol Stauber and Elizabeth Muellner Region B Campfire Boys and Girls Brooklyn Center Lioness Club Garden City Elementary Brooklyn Center Rotary Club Evergreen Park School & PTO Bullfrogs & Butterflies Childcare Brooklyn Center Charter Commission Friends of Freeway Park Brookpark Dental Center Children's World Earle Brown Elementary Boy Scout Troop #401 Girl Scout Troop #1606 Brooklyn Center Park & Recreation Commission Girl Scout Troop #1789 Brooklyn Center Park & Recreation Commission Kids On The Move Daycare Palmer Lake Elementary Dallas Road Neighbors 0 Cub Scouts - Den 5 - Pack 401 Twin Lake Association RESOLUTION NO. Tim Olson Ray & Dolores Beach Brookdale Chrysler Plymouth Willow Lane Student Council Girl Scout Troop #759 Brooklyn United Methodist Church Textron Financial Corp. Barnacle Bill's Steak & Seafood Holiday Inn Staff City of Brooklyn Center Employee Action Committee Target, Brooklyn Center "Good Neighbors" Loony Weavers Brooklyn Center Lions Club Brooklyn Swim Club Humboldt Avenue SubStation Date Mayor ATTEST: Deputy 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 Council Meeting Date 5/22/95 3 City of Brooklyn Center Agenda Item Number�Ll Request For Council Consideration . • Item Description: ' RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1995 -07, 08, AND 09, CONTRACT 1995 -B, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Department Approval: Sco A'Wik,'City Eng' eer 1 Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which accepts the low bid and awards a contract to Thomas & Sons Construction, Inc. of • Rogers, MN is attached for consideration. summary Explanation: (supporting documentation attached ) Bids for Contract 1995 -B were received on May 11, 1995. This contract consists of a street and utility reconstruction for the Woodbine Neighborhood. The bidding results are tabulated as follows: Bidder Bid Amount Thomas & Sons Construction $1,454,565.57 S. R. Weidema $1,511,480.24 Valley Paving $1,548,934.97 Northdale Construction $1,560,409.35 Barbarossa & Sons $1,566,027.95 C.S. McCrossan $1,713,026.40 Of the six bids received, the lowest bid of $1,454,565.57 was submitted b Thomas & Sons Construction Inc. Y , of Rogers, MN. This is slightly higher than the previously established Engineer's Estimate of $1,440,200. Thomas & Sons Construction has experience in performing all of the various items of work included in this contract. Thomas & Sons most recently worked under contract in Brooklyn Center for the reconstruction of Northwest Area project, which was substantially completed in 1994. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas & Sons Construction, Inc. of Rogers, MN. Funding Considerations As the ou C ncil is aware the e L gislature, which is as of this writing (Wednesday afternoon) still in session, is once again considering a freeze on property taxes. It appears that the version of the bill which is most likely to Request For Council Consideration Page 2 pass, if the Legislature chooses to enact this freeze, would have a very chilling affect on cities' ability to undertake improvement projects financed in part by ad valorem tax supported bonds. As we understand the bill, cities would be rohibited from issuing an bonds such as special assessment bonds P g Y P unless they were retiring equal or greater debt. In other words, we would only be able to issue bonds paid in part by the property tax levy in 1996 if in 1995 we made the final payment on an equal or larger debt -- no new bonds unless you have just retired old bonds. Obviously it is important to know if we will be able to pay for the Woodbine Neighborhood improvement prior to awarding a contract for construction. There are some complicating factors: the Legislature is in session until midnight, Monday, May 22; the bids which were submitted and opened on May 11 are valid only for 30 days and expire June 9; to assure that the project would be completed before the snow flies, it is necessary to get as early start as possible, avoiding delay if at all possible. The City Attorney has identified three options for the Council to consider when deciding if a contract should be awarded: 1) The Council could award the contract contingent upon the Legislature not taking any action which could inhibit or restrict the City's ability to issue bonds or levy taxes to support those bonds. The Mayor, City Manager, or other designee could be directed by the Council to make this determination. If the Legislature does take action which might impact financing for the project, the contract stands not awarded until the action is evaluated and a determination is made one way or another. 2) The Council could delay taking any action on this item until after the. Legislature has adjourned and the Governor's veto period has expired. Action could then be taken at a, Council meting held prior to the expiration of the bids. • 3) If the low bidder is willing to guarantee his bid prices for a few days beyond the 30 day period, this item could then be taken up at the Council's regular meeting on June 12. We have had preliminary discussions with Thomas & Sons regarding this. Their initial reaction is that they would be willing to do this, but we have requested that we receive this assurance formally, in writing. Our construction schedule calls for a contract to be awarded at the meeting on the 22nd, with contract execution, performance bond and insurance paperwork, a preconstruction conference, and other activities taken care of over the following week to ten days, with construction starting by June 1. Some delay in starting probably would not result in too late a finish. However, delaying award of the contract until June 12 means that construction would not begin until the end of June. As long as we had good weather, that shouldn't be a problem, but as a worst case, the loss of three weeks on top of a rainy summer could mean some tasks, such as sodding and restoration, wouldn't be completed this year. At this time, we would request that the Council give serious consideration to option one or two. By Monday night, we may have a clearer picture of which legislation is likely to be passed, passed but vetoed, etc., which may help the Council make a decision regarding options. • Member introduced the following resolution and is moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1995 -07, 08, AND 09, CONTRACT 1995 -B, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1995- 07, 08, and 09, bids were received, opened, and tabulated by the Deputy City Clerk and Engineer, on the 11th day of May, 1995. Said bids were as follows: Bidder Bid Amount Thomas & Sons Construction $1,454,565.57 S. R. Weidema $1,511,480.24 Valley Paving $1,548,934.97 Northdale Construction $1,560,409.35 Barbarossa & Sons $1,566,027.95 C.S. McCrossan $1,713,026.40 WHEREAS, it appears that Thomas & Sons Construction, Inc. of ogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas & Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1995 -07, 08, and 09 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy 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. 3. This contract is awarded contingent upon a determination being made by the City Manager or designee that the Legislature has taken no action which would inhibit or restrict the City's ability to issue bonds or to levy ad valorem taxes to support these bonds. RESOLUTION NO. 4. The estimated project costs and revenues are as follows: Per Feasibility As Amended Estimated Costs Report Per Low Bid Contract $1,440,200.00 $1,454,565.57 Contingency (15 %) 216, 060.00 10% 145,456.56 Sub -Total Construction $1,656,260.00 $1,600,022.13 Admin, Engr. & Legal (13 %) 1,656,260.00 13% 208,002.88 Estimated Total Project Cost $1,871,574.00 $1,808,025.01 Estimated Project Per Feasibility As Amended Revenues Report Per Low Bid Special Assessments $589,500.00 $589,500.00 G. 0. Bonds 729,150.00 744,813.96 MSA (State Aid) 26,800.00 75,740.05 Storm Drainage Utility Fund 327,950.00 202,618.00 Public Utility Fund 198,080.00 $195,353.00 Total Estimated Project $1,871,480.00 $1,808,025.01 Revenue Date Mayor ATTEST: Deputy 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. Council Meeting Date 5/22/95 3[City of Brooklyn Center a Agenda Item Number Q' GJ /Y Request For Council Consideration Item Description: Staff Report Re: Improvement Project No. 1993 -18, Pond, Park, MTC Park and Ride, and 65th Avenue Realignment Department Approval: Diane Spector, Director of Public Serd e Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Consider' a resolution approving the preliminary design and authorizing development of final plans and specifications. • Summary Explanation: (supporting documentation attached Yes PP g ) Attached'to this item is a final version of the preliminary design of Improvement Project No. 1993 -18, Pond, Park, MTC Park and Ride, and 65th Avenue Realignment. This preliminary design is presented to the Council tonight for approval and authorization to proceed to develop final plans and specifications. Specific Improvements The following is a description of the improvements proposed in the preliminary design. Figures 1 and 2 show the overall layout of the improvement, and details of the bus shelter area. Park and Ride A parking lot with 222 vehicle parking spaces. The lot configuration and interior delineators have been designed to save as many existing mature trees as possible. The waiting facilities will consist of two standard MCTO shelters accented with customized rolled seam hip roofs, connected by an open framework arbor. It is proposed to galvanize the metal a dark red, to reflect the Earle Brown farm theme. The shelters would be mounted on a concrete or exposed aggregate base, again suggesting a barn. The pedestrian level and parking lot lighting would be the same type as selected for the Brooklyn Boulevard enhancements. • Pond The design of the pond has been changed somewhat from that depicted in the feasibility study. Because a part of the area of the pond is a wetland, the Corps of Engineers permit process dictates certain design Request For Council Consideration Page 2 elements. In this case, because of the substantial "bounce" (how much the water level raises when there is a • rainfall of a certain amount) in the retention area of the pond, the Corps requires us to build a pond that does not attract edge- nesting waterfowl, whose nests might be flooded out during large storms. Park The new park area, which would include the pond, would be approximately 5.3 acres in size. The landscaping shown on the plan is preliminary. The final landscaping will be designed later this fall. The Park and Recreation Commission intends to hold a contest this fall for school children to name the new park. 65th Avenue The Council received a report regarding the preliminary design of 65th Avenue on April 10, 1995, and at that time authorized the development of final plans and specifications. 65th will be reconstructed from Brooklyn Boulevard to Indiana Avenue, with concrete curb and gutter. Water and sanitary sewer facilities will be adjusted as necessary; the storm sewer main between Indiana Avenue and the inlet to the pond, a 54" pipe, will be replaced with a 66" pipe. Project Review To Date The following actions regarding this preliminary design have been taken so far: 1) The 65th Avenue realignment has been presented at an open house to the residents on the north and south sides of 65th Avenue from Brooklyn Boulevard to Indiana Avenue. The preliminary design of the pond, park, and park and ride were also reviewed that evening. In general, comments made that night included; • Several residents on the south side requested that turnarounds be added to their driveways to help them gain safe access to 65th Avenue. 0 The sidewalk on the south side in the area where 65th would be relocated and realigned should also be relocated and realigned. 0 The residents requested that additional street lighting and /or lighting in the park be provided to improve safety. • Most of the residents are concerned about possible increased traffic on 65th Avenue west of the park and ride, and about possible backups at the intersection with Brooklyn Boulevard. 0 Roadway noise from the freeway and Brooklyn Boulevard has increased since the houses and apartments have been removed or moved. Comments: The first three items will be incorporated into the final plans. Regarding traffic, it's difficult to predict what the impact might be on the residents who live west of the park and ride. It is MCTO's hope that some of the traffic which travels on 65th Avenue to Brooklyn Boulevard and beyond is traffic that will instead utilize the park and ride. Some of that traffic might even be persuaded to walk or bicycle to the park and ride instead of drive. (There will be rentable, lockable bike lockers provided at the park and ride.) Some traffic from the area to the • southwest which normally might take 63rd to Brooklyn Boulevard might find it easier to meander north through the neighborhood to 65th, then take 65th east to the park and ride. Request For Council Consideration Page 3 The MCTO has bus patrons scattered throughout the neighborhoods surrounding the facility; at this • time we are assuming that the traffic will be coming to the park and ride from all different directions more or less equally. Given that there are 222 parking spaces provided, any one compass direction might expect a maximum of 50 additional cars over two hours. The peak AM hour traffic on 65th Avenue was counted almost two years ago to be about 200 vehicles. Since the express buses routed through the park and ride will arrive and leave at about 15 -20 minute intervals, it would be expected that the additional traffic of 25 -30 vehicles per hour would be concentrated in the five minutes or so before (in the morning) or after (in the evening) a bus arrives or leaves. At all other times, there should be little or no increased traffic. We do have baseline traffic counts and traffic movements, and will be updating them once more prior to construction. We will then monitor traffic after the facility is operational, and make any traffic control decisions at that time. Regarding roadway noise, there more than likely has been an increase in the noise experienced by the residents especially to the south. How much is difficult to gauge, since the removal of the structures comes at a time when the weather is changing and we are leaving our windows open more, being outside more, etc., and in general just getting used to outside noises again after a winter of being closed up and indoors. We would hope to use landscaping to buffer at least some of that perceived increased noise. More than noise, the adjacent property owners now have a view they didn't used to have, a view that used to be houses or apartments. The final landscaping plan will be developed this fall, after the construction is underway and the site has been cleared of everything but those existing trees which • will be saved to be incorporated into the final landscaping plan. The adjacent property owners will help design the final landscaping plan, as they did on 69th Avenue. 2) The Park and Recreation Commission has reviewed the park to be constructed as a part of this improvement for the most appropriate type of development. In the feasibility study for this project, the previous consultant, SRF, showed a possible playground or basketball court in some of the options for the park. Brooklyn Center's comprehensive plan classifies parks as being neighborhood parks (further subdivided into playlots, playgrounds, and playfields); community parks; linear parks; nature interpretive center parks; and special use parks. This neighborhood is served by a playlot at Marlin Park; playgrounds at Brooklane and Orchard Lane; and a playfield at.Kylawn. Therefore, the Park and Recreation Commission agreed with the staff's evaluation that there is no-need to develop this park as a neighborhood park. It would then fall under the category of special use parks, and be developed primarily for passive use with a walking and bicycling trail and decorative plantings. The residents on the south side of 65th Avenue have said that they would be opposed to any active facilities such as basketball courts. As a result of this input, the plan shows no active facilities, only a trail system, benches, and plantings. 3) The Planning Commission reviewed the preliminary plan at its May 11 meeting, as background information to its formal consideration of the preliminary plat. The Commission members had some questions regarding the proposed shelters, lighting, and landscaping. On the design of all of these items we are working very closely with BRW, the firm which is designing the Brooklyn Boulevard enhancement project, to be sure that all items designed or selected will be consistent with the overall design theme. e 4) Obviously we have been working very closely with the MCTO on the design of the park and ride portion of the project. The MCTO has been very cooperative concerning our desire to incorporate elements of the Brooklyn Boulevard enhancement project into their facility. They are excited about the preliminary design, especially regarding the incorporation of existing mature trees into the plan. Request For Council Consideration Page 4 At this point, the MCTO is planning to make about 10 express bus trips into the facility in the • morning, averaging 10 -20 minutes apart, and about 10 trips in the evening, again averaging 10 -20 minutes apart. Existing bus routes on 65th Avenue would provide mid -day service to park and ride patrons. 5) SEH as a part of its preliminary design updated and expanded the storm drainage study used to design the park and ride pond, to evaluate the entire subwatershed area (it conducted what we call a "phase 2" analysis, or a very detailed look at the entire storm drainage system). This phase 2 study will be presented to the Council in detail at a later date, but one significant finding that impacts this project is the adequacy of the 65th Avenue trunk storm sewer. This trunk sewer serves the entire area of the city between 63rd Avenue and I -694, from the west City limits to Shingle Creek. Storm water from the commercial area north of I -694 and west of Brooklyn Boulevard (the post office, clinic, Osseo Bus Company, the old NSP site, etc.) is collected in a storm sewer that is piped under I -694 and enters the trunk system at around Noble Avenue and 65th. This trunk system is currently under capacity. The park and ride pond will provide some relief, but the phase 2 study will include recommendations for a number of improvements which together will result in a storm drainage system that will provide for treatment and which will adequately handle the storm water runoff. One of those improvements is increasing the size of the trunk storm sewer on 65th from the pond to Orchard Lane Park. As a part of this project, the existing storm sewer on 65th from the pond to Indiana Avenue, which is currently 54" in diameter, will be replaced with storm sewer which is 66" in diameter. Calendar r Approve-Final Plans &Specifications and June 12, 1995 Authorize Ad for Bids Open Bids July 18, 1995 Award Contract July 24, 1995 Start of Construction August 1, 1995 Substantial Completion November, 1995 Landscaping Spring, 1996 FIGURE 1 POND, PARK, encn,. - & PARK & RIDE ^ a � A A 3erpe":�'ne r + 3r' \ or 10 cp J 1. i i ench ike ' enc \ J � I , 9 f - ti. `\ 1 i p? U .t 'tier Rece Y t ;gJ \ / .� / �••� EXISTING N GT � TREE T O Y y J NEW SHADE TREE ORNAMENTAL TREE CONIFEROUS TREE \\ \ FIGURE 2 F O Bike Lockers Bike rack Trees Telephone' � Exposed.Aggregate P-gwpg �, ;. Pedestrian..Lights - - -_.._ _Parking Trees Bus. Shelter �\L Arbor with Bench.v`�� ,.,�� �N� Bollards -Bo brads. _ Bus Shelter. , Newsboy us_Queing A SHELTER PLAN Now r! Bus Shelter Arbor Bus Shelter. WEST ELEVATION'- STEFAN i LARSON ASSOCIATE; 65TH AVENUE PARKAND.RIDEJ POND. ARCHIECTS LANDSCAPE ARCHITECT BROOKLYN CENTER, MN 807 NORTH FOURTH STREET STILLWATER. MN 55082 9/\/, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY DESIGN AND AUTHORIZING THE DEVELOPMENT OF FINAL PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 1993 -18, POND, PARK, MTC PARK AND RIDE, AND 65TH AVENUE REALIGNMENT WHEREAS, the City's consulting engineer has prepared a preliminary design for the pond, park, MTC park and ride, and realignment of 65th Avenue project to be constructed in the southwest quadrant of 1 -694 and Brooklyn Boulevard; and WHEREAS, staff has reviewed these preliminary plans with the residents on 65th Avenue from Brooklyn Boulevard to Indiana Avenue; the Planning commission; and the Park and Recreation Commission; and WHEREAS, comments have been received from those groups, and modifications will be made to the plans accordingly; and WHEREAS, the City Council on April 10, 1995 received a feasibility report regarding the realignment of 65th Avenue, and authorized the development of final plans and specifications for that improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The preliminary design for Improvement Project No. 1993 -18, Pond, Park, and MTC Park and Ride, and Realignment of 65th Avenue are hereby approved. 2. The City's consulting engineer is hereby authorized and directed to prepare final plans and specifications for this improvement. Date Mayor ATTEST: Deputy 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. Council Meeting Date 5/22/95 3[City Q of Brooklyn Center Agenda Item Number U Description: Item Descri P Request For Council Consideration • Resolution Amending Special Assessment Levy Roll No. 13131 to Provide for the Award of An Assessment Stabilization Grant for the James /Knox Street Improvement Department Approval: Diane` Spector, Direct or,of Public Serv'ce Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution making an additional Assessment Stabilization grant for the 1994 James /Knox improvement project is provided for Council consideration. Summary Explanation: (supporting documentation attached No ) The owners of one property in the James /Knox area where street and utility improvements were made in 1994 has requested the Council to consider making an Assessment Stabilization grant to assist them in paying their special assessment. The deadline for grants for that project was November 30, 1994, the day assessments were rolled over from the city to Hennepin County. Apparently the property owners misunderstood the application and the application process, and has been waiting all this time for an additional form to be sent to be filled out. The property owners are retired, and would be eligible for a reduction in their assessment from $1,550 to $666. While we do make every effort to assure that all property owners are aware of the program (such as including a copy of the application form in the Notice of Public Hearing sent prior to the assessment hearing, and another copy with the letter informing the owners that the assessment has been certified), and that instructions are clear some people could very well misunderstand, and then not feel comfortable calling to inquire what was happening. In this case I would recommend that the Council consider making this grant, but in the future not make a practice of making "after the fact" grants, especially those based on changed economic circumstances. While people's finances do change, sometimes dramatically, sometimes by choice . and other times by forces beyond their control, the AS program is intended to provide financial assistance based on the property owners' ability to pay at the time the assessment is certified. In this particular case, the grant was based on the property owners' finances at the time the levy was certified in September, not today's finances. FC Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 13131 TO PROVIDE FOR THE AWARD OF AN ASSESSMENT STABILIZATION GRANT FOR THE JAMES /KNOX STREET IMPROVEMENT WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 13131 for the following improvements: KNOX /JAMES & 54TH AVENUES STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1994 -01 WHEREAS, Special Assessment Levy No. 13131 was approved by the City Council on September 12, 1994; and WHEREAS, the City Council has adopted an Assessment Stabilization Program to provide economic assistance to low income property owners in the form of grants to reduce or pay in full their special assessments for street improvement projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Certain property owners are eligible for a grant to pay some part of their special assessment. Special Assessment Levy No. 13131 is hereby amended to reduce the following assessments as noted: PREVIOUS PID # AMOUNT REDUCED TO 02- 118 -21 -44 -0097 $1550 $666.00 2. All costs associated with these grants shall be funded from Local State Aid Account #2900. Date Mayor ATTEST: Deputy 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. Council Meeting Date 5/22195 3 CUy of Brooklyn Center Agenda Item Numbe Description: Item Descri P Request For Council Consideration • Resolution Making Findings Pursuant to Minnesota Statutes Section 465.722, Subdivision 3(3) and Approving Execution of Severance Agreement Between City of Brooklyn Center and Gerald Splinter Department Approval: a 0 V o l& Gerald G. Splinter, C' anager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting, documentation attached Yes ) • 9)p Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING FINDINGS PURSUANT TO MINNESOTA STATUTES SECTION 465.722, SUBDIVISION 3(3) AND APPROVING EXECUTION OF SEVERANCE AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND GERALD SPLINTER WHEREAS, the City Council has been presented with a proposed severance agreement between the City and City Manager Gerald Splinter (the "Severance Agreement "); and WHEREAS, the Council has determined that the Severance Agreement is fair and reasonable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council certifies that: a. the City Manager was a full -time employee of the City for the entire ' period between January 1, 1983, and December 31, 1992; and b. the City Manager was covered by one or more employment contracts or agreements which entitled the City Manager to specified severance pay benefits throughout the entire ten -year period specified in paragraph La; and C. the employment contract or agreement in effect on December 31, 1992 would at the time of the employee's separation from employment with the local unit of government, result in a severance payment that exceeds the limits specified in Minnesota Statutes section 465.722, subd. 2; and d. the amount of severance pay that exceeds the limits specified in said subd. 2 was based on a commitment to provide the employee with a specified severance guarantee in lieu of higher level of some other form of compensation. 2. The City Council approves the Severance Agreement and authorizes the execution thereof by the Mayor and Assistant City Manager. I 0 RESOLUTION NO. Date Mayor ATTEST: Assistant City Manager 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. e s MAY 10 '95 09 :40 HOLMES & GRAVEN P.2 SEVERANCE AGREEMENT BETWEEN CITY OF BROOKLYN CENTRR, MINNESOTA AND GERALD SPLINTER i THIS AGREEMENT, made and entered into this _ day of , 1995, by and between the CITY OF BROOKLYN CENTER, MINNESOTA, a municipal corporation and Nome Rule Charter City operating under the laws of the State of Minnesota (hereinafter the "City "), and GERALD SPLINTER, an individual (hereinafter "Employee "). 1 WITNESSETH♦ WHEREAS, the City and the Employee entered into an Employment Agreement by which Employee was hired as a manager of City. The Current Employment Agreement dated December 20, 1994, and Memorandum dated January 13, 1995 are attached hereto as Exhibits "A" and "B" 1 and incorporated herein by reference; and i WHEREAS, Section 1 of said Agreement sets forth certain duties of Employee as manager of the City, and both parties agree that Employee has carried out and fulfilled all of his duties and responsibilities in the manner expected by the City; and WHEREAS, both the City and d the Employee have concluded that it is in the best interest of both parties that the employment of Employee by the City be terminated as an involuntary resignation in accordance with the terms and conditions hereinafter set forth, intending to grant to the Employee all rights Employee would have if the termination occurred under Section 3 of Exhibit "A" together with any additional rights hereinafter conferred as settlement of disputed Claims or consideration for release of claims. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as set forth herein the sufficiency of which is hereby acknowledged by both parties, the City and the Employee agree as follows: 1. Rtg nation The Employee hereby ,submits his resignation as city manager effective July 14, 1995. Employee will take accumulated paid vacation from June 12, 1995 through July 14, 1995. Manager and City waive 30 day notice provisions of Section 4 of Exhibit A. 2. Severance Pay The City will continue to pay the Employee the Employee's present salary for a period of six (5) months subsequent to the effective date of his resignation. i a 3. Benefits The City shall continue in full force and effect acrd a for a p' Y period identical to that set forth in paragraph 2 above all insurance coverages presently in force on behalf of Employee, including health insurance for Employee and Employee's dependents. life insurance policy currently in effect on the life - of the Employee, disability insurance and dental insurance currently in effect on the Employee, and dues and fees for membership in the CLL88776 Bk�91 -4 1 MAY 13 '95 09 :41 HOLMES & GRAVEN P.3 International City Manager's Association ( "ICMA "); the Minnesota City /County Management Association ( "MCMA "); Metropolitan Area Managers Association ( "MAMA "); and Minnesota City Managers Association ( "MCMA "). Employee shall turn in the City's automobile and keys on June 9, 1995. On the effective date of his resignation he will be paid a lump sum payment of One Thousand Eight Hundred Twelve Dollars and 501100 ($1,812.50) as severance allowance for that portion of his pay represented by allowance for automobile allowance under Section 6 of Exhibit A. 4. Deferred Compensation At the specific request of Employee, the defwed compensation contribution by the City as set forth in Section 9 of Exhibit "A" will be continued for a period identical to that set forth in paragraph 2 above. ' S. Indemnification. The City agrees that the provisions requiring the City to defend, indemnify, and hold harmless the Employee against certain claims and actions as set forth in Section 13 of Exhibit "A" shall not terminate and shall continue with respect to any claims, demands, suits, actions, or proceedings of any nature arising out of the performance by the Employee of his duties and responsibilities as city manager during the period Employee held such position. 6. Vacation and Sick Leave 1. in accordance with section 3 of .Exhibit A, Employee shall be given a lump sum payment for one -third of all accumulated sick leave, The lump sum payment shall be made on the effective date of Employee's resignation. 7.� Resolution of Disputed Claims and Release. Attorney's Fees The City shall reimburse the Employee up to $1,000 for attorney's fees Employee incurs in resolving disputed claims and in addition the City shall reimburse the Employee up to $7,500 for transition expenses the Employee incurs in finding employment. Transition expenses include: travel; attendance at the ICMA conference, the Minnesota League of Cities conference, the MCMA conference; out - placement service; resume preparation; employment and recruitment agency services. Until July 14, 1995, Employee shall also be allowed to use a phone number and voice mail at City Hall. City and Employee hereby release, waive, and forever discharge each other for any and all claims, damages, and demands against the other (and in the case of the City, against- the current and former officers agents and employees of the City) based on occurrences or events fr6m. the beginning of time to the date of this Agreement S. References. ^ rences. The City shall retain and place the reference letter, attached hereto as Exhibit "C ", in the Employee's file. Any requests fox references shall be given a copy of Exhibit "C" 9 . ReeM loyment Insurance The City agrees that the Employee is not disqualified from receiving reemployment insurance as a result of a voluntary leave, discharge for misconduct, or discharge for gross misconduct as those terms are defined in Minnesota Statutes, section 268.09. Employee agrees that no claim will be filed during the time period when severance pay is being paid to Employee. CLL$$776 BR291 -4 2 MAY 18 '95 09:42 HOLMES a GRAVEN P.4 10. Restraint The termination of an employment relationship can be difficult for both parties. Both parties agree to end this relationship in a mutually respectful manner without making acrimonious statements about each other. 11. This agreement may be effective 15 days after the date it is approved by the City Council pursuant to Minnesota Statutes, section 465.722, subd. 4. IN WITNESS WHEREOF, the City and the Employee have approved and executed this Severance Agreement this day of , 1995, after approval thereof by the City Council of the City of Brooklyn Center, Minnesota. CITY OF BROOKLYN CENTER, MINNESOTA EMPLO'Y'EE: By Its Mayor Gerald Splinter Attest: Acting City Clerk i CLL88776 BR291 -4 3 ri 5. 3 47151 Schedule H 1995 Cjty -%fann4er's Compensation Agreement TMS 44rP- F -LN1EN T, made and entered into as of this 24th day of December 1994 by and between the City of Brooklyn Center, State of ltviinr.esom, a 'municz (Employer), and Gral ed G. Splinter (Employee). pal corporation N M S, Employe: desires to employ the service of Employee as City Nlanagez of i the City of Brooklyn Center; and VIBM S, it is the desire of the City Council (Council) to provide certain benailts, W establish cerWn conditions of employment, and to set worldng coaditions of the Employee; and it is the desire of the Council t - secure and retain e Services e FrnploYe~; ;�') make possible foil work productivity to assurin; Employee's morale and peace of mind with respecr . to future security; and (3) act as a deterzent against malzeasar.:,e or dishonesty for personal gain on the part of — mployee. NO w TIMU FORE, in conside:atzon of the mutual covenants contained in this agreement, Employer and Empioyft agree as follows: Sect On L Duties. Employer agrees to employ EmplOY= as City Manager to perfOr the funcmi= and det*_ies Specified in the Chazrer of tre City and the City Code and to p &Fiona other legally pe issibie and grope: dunes and zunc^lons as the Cat Gil ma from tune -to -time ass to Employer. Section 2, Term. A. 1t'0thin3 in this a,°res:nent RMYezu, limits, or otherwise interferes with the right of the Council to te.rrmnate the services of Fmoloyee at any time, subject only to the provisions sot foth in Section 3 of this Ati: eernent. Nothing in this a Wment prevents, limits, or otherwise intereres with the right of the Employee to resin at Inv time, subject only to the provisions of Section. 3 of Ns Agreement. C. Employee �, a�*ees to remain in. the o Mxclusive eMPlay of Ez loyer and neither to accept ocher employrrle -; nor to become employed by ariy Ocher employer during zt�le term- of his employment. Tad ter""" "errtployed is roc to e construed to include occasional te. thing, wr7ting, consulting, or mi mry reserve sa;vica perlbnned on Employee's time or. EXHIBIT A MAY 18 '95 09:43 - HO,LMES &- GRAVEN SOC 6 54= 7151 P. 1995 City vlanageFs Compensation Agreement Schedule H Section 1 TervVination and Severance Pa A. In the event of disrnissal by the Council, the Employer shall be notified at least 30 days in advance of the eff=dve date of dismissal and shall be furnished a written statement of the reasons therefor, and further, snail be granted a hearing thereon, if requested. i E. In tl2e event of voluntary resignation or desih, the Employer shall receive severance Pay based on 144 percent of his unused vacation leave and ono -third of his unused sick leave. C. In the event of involuntary resier+.ation or dismissal, severance pay based v a 160 percent of his unused vacation leave and one -third of his unused sick leave plats six months Pay (to include health, dental, and life insurance premiums) sha'._ w uaid to the Employee- however, in the event that the Employer is terminate:i because, of his corivicriOtY o f any ille;al act involving person Zai.n to hire, the Eraplvyer shall have no obli;aaon to pay the six - months severmnce sum designated in this paragraph. D. The Employee will give ERtvloyer 30 -clays notice in advance of resignation, unless the patties agree to waive this nodca. Section 4. Salary. Employee's sala.My for 1995 shall be S85,200 per annum and adjustment to the Employee's salary shall be reviewed 2nnually in conju with the establishment of salaries { for City employers. SectloM 5. Hours of Work. It is re^.,ognizCd that E: ;Ployee ; .ust devote ssbst:.nda? time outside normal office hours to bcuiness of the Ecnplover., therefore =m io er re� � - � - ..a razes that Employe niolo e Y .. Will tale time off . Y during normal. arrive hours coruistent wirh Federal Fair Labor Standards Act regulations. i Section 6. Automobile. Employer shall :e S250 =: month if the Employer does not provide a car for the Employee's 24 - hour business use. SCctiou 7. `V=d and Sick Leave. Employee shall be g an.ed sick leave hied holiday heneftrs a*anred too ther employers and will ear:t four weslks vacation per year. MAY 13 '95 09:43 HOLMES & GRA'u'EN "iX b12' T-14715-1 0 • 1995 City Xaxiager's Compensatcori Agreement Schedule 1-1 I Section 3. Disability, ellth, and Life Insurance. I� ne full premiurn cost for individual and farnily coverage ender the Brooklyn Canter group hcaits`� and de:�c3t plan and/or irsura�zce plan and the full premium cosy for two ernes Employee' salary of sala oz term fife insurance uncle; the Brooklyn Center group life insttranc4 plan shall be paid by the Employer as t. Employee's behalf. It may be necessary, in order to maintain IRS narrra�c status of -dl emtikovee insurance benefits, to modify this section of the Emlloyee's campensadoa package, If tine Director of Financ_ recommends modification in the payment of the Employee's insurance benefits as the simplest and most effective me+_hod for assuring "qua.Mcazion" of Brooklyn Center's employe~ group ins urance plans tamer I RS regulations, than the Employee's salary is to be adjusted an equivalent amount to compensate for any reduction in insurance benefits. Section 9. Retirement. Minnesota State Law provides city managers with a choice of pension plans: PERK,„ or a deferred compensation fund. J�:nploye.-, will contribute to the qualXed fund of the Employee's choice a dollar amount equivalent to the required PERA contribution. Secrd0n Dues and Subscriptions. Employer agrees to budget and to pay for professional dues and subscriptions of ® E lo v, ociari s s - d r his continuation and full pardepatioa onat, in nad regional, state, and o artiz..ticns ne..rssar;r and desiz' -°ble for his continued rofession pa citzanoa, growth, anti adva„ncemz;zt and for thP- good of the Employer. P al Se;czioII . Professioual De Employer will, at a min rnum, provide the cost for Lhe Employe- to attend the State and/or national ICNIA confere ices or job - related c ourses, seminars, or tea r ing of e�riv -.lej cost, _ Seciiaz� 1?. �enez�l EYpenses. "=t010ye: recognizes that ce «aim expersas of a nonperscnal and Zenemlly,�ob -afl 'fired nature'Xill be incurred by Employee and a� ees to reimburse or co pay 4-rose 7enera? e.Ypenses. Section 13. Indemairicatiou, Employer wilt defend, save harmless, and ffide..-nnify .Employee ag2inst any tort,, vrofcsskonai liability claim or dwrrard, or other Iegal iic::on, whe�her groundless or aChe_'ise, arsist= out of an a'icged a or 0=. Sion occ•.;.rr in the peem=afice of Employee's duties as City Manager, G..�alaye: wT:il compromise and Battle - v cisitn or suit and ply the amount or any se - dement or judgment rendered theraor,. Nothing :.:erns a� 6e deemed * a lea vet on the limztad.ons of thy Iiab�ty se: fot<h in lyiinnesota ,S�tureS Ci:apce. 466. MAY 18- '�5 �9: 4 HtJLf�ES GRA'aEN a t:.-- T4 :1 P.8 IL_ 1995 City Manager's Carnpensation A;Feernent Schedule E Section lei. BondLT g. Employer will b= the full cost ar any fidelity or other bonds required of the Empfoye-- under any law or or dinance, I Section IS. Other Terms and Conditions of Employment. The Council, in consulmtion %i.th the Empl ma fix such Y h other terms and conditions Of emplayment as it May determine from time- to-ume relating to the pedormance of Einnlayee provided those terms and conditions axe not inconsistent wuh or in conflict with the provisions Of this Ao e=ent, the City Charter, the City Code, or any other law. Section 16. No Reduction of Benefits. Etnployer will not at any time during the time of t Agreement reduce 'the satar? compensation, or other ftancizI be.jerits of Employee, except to the de;zee of such reduction across- the -board for all employees of the Ernolover or as o therwise agreed $ E m p loyer a.tid Employea. Y er p y Section 17. Notices. Nod= pursuant to this aarcerneat ar given by deposit in the custody oz the United mail, postage paid, adoess as follows: A. Frnployer; City of Brooklyn Center, 2vlinnesota Mayor 6301 Shingle Creek parkway $LOO�lVtl CCIlr '" B. Ernployet. Gtrald G. sparer City Nfarage. 6301 Shine, e Creek. Par'b+uray Brooklyn Ce:icer, ��V SS :s0-'� 1 �9 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is appLcabie to pr•octss in a cavil acdon. Notice $hall be deamed given as of the date of personal st vk. or as of to daGe of deposit of such wrinen notice in the Urdzcd States M;111. Section 1$. General Provisions. A. This Agxeetnent constitutes the er.:ire ar4eemenc be:wet: -. the parties. B. This Agrev.^ie:tt shai be bindLng upon ar.d inure to the benefit of the heirs at law and tnacurors of Employee. C. This Agrer:ne::t is a fe,- ive on 3za.nuary 1, 1995. t IAY 10 199 City iana,er'$, Campenmation Acrtemezt Schedule H D • T"r:is A�:e me:zt may be am n ended at a.tv dme b mucus.,, consent of Employer =d Employee. IVM.R 2 0F, the Cicy of Brook-lyn Lance: by its City Coccncil has caused this Agreement to be executed and delivered in its behalf by its Mayer and duly attested by its Deputy City Clerk, and the Emvlover has exccuted this Agre°ment as of the day and ywx first above written_ TEE C ITY OF EROQKLYN CEO.,, N13N SC)"T By 'odd Paulson, Mayor Attost: SQarot tIUpoLI, Deputy City Cia: �rpLOYEE spluin j MAY 10 '95 09:45 HOLMES & GRAVEN City Orbtoo Center P. 10 A great placa to start A great ,place so stay. I MEMORANDUM TO: Gerald Splinter, City Manager FROM: Charlie Hansen, F: :uce Director i DATE: January 13, 1995 SUBJECT: SALARY ADJUSTMENT The has approved a general salary increase of 3.0% to be effective for time woz&.�- aung January 1, 1995. Because the payroll was split between 1994 and 1995, the hog rate printed on your check may be from 2994. However, your salary increase has been included ;n this check and is shown as other pay on the cheak stub. i On-jMuaM 1. MS. y.2ur sal,M 2 ll be adjusted s, folio=, From; $86,424 annually i To: $89,017 annually As Qf the it ustMe t cia��va r ala y will h4 J cs foll0W • �P...�M -� 4o t fC Annual: $89,017 Monthly: - $7,419 SS, zoo Bi weekly: $3,423.73 Dourly: $42.797 Your compensation is set as an annual salary. To meet the requirements of our payroll system, it is converted into an hourly rage. Hourly rates are determined by dividing the Ly the number of working hours in the cur=at year. There are 2,080 woxidng $i weekly paychecks calculated on a constant eighty hours. This adj ustment is approved by: Gerald G. S pUntear, C 14anager 6 6301 shingle Creek Pkwy; Brooklyn Center, MN 66430.2199 + City Halt & TDD Number (612) 5W -3300 Recreation and Community Center Phone & M Number {6121558 - 34G0 • FAX (612) 469-3494 ' e�.n Af�rtrtative ActionlErltcal Opportr�nitiex Employer EXHIBIT B NRY 10 '95 09:45 HOLMES a CROVEN P.11 To Whom It May Concern: Gerald G. Splinter was employed as the City Manager of the City of Brooklyn Center from October 17, 1977 to July 14, 1995. Mr. Splinter voluntarily resigned his position to seek other career opportunities. During his tenure as City Manager, Mr. Splinter performed his duties satisfactorily. Mayor and City Council EXHIBIT C