HomeMy WebLinkAbout1995 01-09 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 9, 1995 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. * a. December 14, 1994 - Special Session * b. December 19, 1994 - Regular Session * C. December 20, 1994 - Executive Session * d. December 20, 1994 - Special Session 5. Adjourn 1994 City Council 6. Recess 7. Administer Ceremonial Oath of Office 8. Call to Order 1995 City Council 9. Roll Call /17 , 10. Council Report ' 11. Approval of Agenda and Consent Agenda,'', ' ` -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. Proclamation Declaring January 22, 1995, as POW /MIA Brooklyn Center Day of Prayer ` b. Proclamation Declaring January 16, 1995, as Martin Luther King, Jr. Day * C. Resolution Designating Official Newspaper - * d. Resolution Designating Depositories of City Fundsr �. t CITY COUNCIL AGENDA -2- January 9, 1995 e. Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest i and Misuse of Position * f. Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1990 -10, Contract 1992 N, 69th Avenue Landscaping, Phase I * g. Resolution Expressing Recognition and Appreciation of Julie Eoloff for Her r Dedicated Public Service on the Human Rights and Resources Commission * h. Resolution Expressing Recognition and Appreciation of Kathleen Carmody for Her Dedicated Public Service on the Housing Commission r' * i. Resolution Expressing Recognition and Appreciation of Debra Hilstrom for Her Dedicated Public Service on the Planning Commission ; ".. x ... * j. Resolution Amending the 1995 General Fund Budget to Provide Funding for Fire Department Breathing Equipment Repairs , * k. Resolution Declaring the Official Intent of the City of Brooklyn Center, Minnesota, to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City * 1. Resolution Approving Settlement Agreement and Stipulation of Value for One Property, Improvement Project No. 1993 -18, MTC Park and Ride * m. Licenses 12. Open Forum 13. Council Consideration Items: a. Resolution Expressing Recognition and Appreciation of Todd Paulson for His Dedicated Public Service as Mayor and Councilmember b. Resolution Expressing Recognition and Appreciation of Celia Scott for Her Dedicated Public Service as Councilmember C. Resolution Expressing Recognition and Appreciation of Dave Rosene for His A'- Dedicated Public Service as Councilmember' , d. Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tern e. Designate Council Liaisons to City Advisory Commissions # s CITY COUNCIL AGENDA -3- January 9, 1995 L Ad Hoc Communications Task Force Chair and Vice Chair Appointment Process g. Mayoral Reappointments of City Advisory Commissioners Whose Terms Have Expired _. h. Mayoral Appointment of Commissioner to the Shingle Creek Watershed and West Mississippi Watershed Commission 1. Resolution Appointing Commissioners to the Shingle Creek Watershed Management Commission , 2. Resolution Appointing Commissioners to the West Mississippi Watershed Management Commission i. Report on 1995 Micro Computer Purchasesm j. Annual Report from Administrative Traffic Committee (1994) t k. Resolution Stipulating to Amend Assessment Agreement on Earle Brown Commons 3 1. Item m . Items Removed from the Consent Agenda 14. Adjournment EDA AGENDA CITY OF BROOKLYN CENTER JANUARY 9, 1995 (following adjournment of City Council meeting) 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -All items listed with an asterisk 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. CITY COUNCIL AGENDA -4- January 9, 1995 * a. Approval of Minutes: December 19, 1994 - Regular Session - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. * b. Resolution Designating Depositories of EDA Funds * C. Resolution Accepting Quote and Authorizing the Purchase of Carpet for Captain's, Estate, and Coat Room 1, 4. Commission Consideration Items: a. Items Removed from the Consent Agenda 5. Adjournment ! HRA AGENDA CITY OF BROOKLYN CENTER JANUARY 9, 1995 (following adjournment of City Council meeting) 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -- -All items listed with an asterisk 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: December 19, 1994 - Special Session - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 4. Commission Consideration Items: a. Resolution Accepting Stipulation to Amend Assessment Agreement on Earle Brown Commons b. Items Removed from the Consent Agenda 5. Adjournment Council Moetnog Date January 9. 1995 L / 31 City o, f Brooklyn Center Agenda Iran Number ? Request For Council C Item Description. City Council Minutes December 14, 1994 - Special Session December 19, 1994 - Regular Session December 20, 1994 - Executive Session December 20, 1994 - Special Session Department Approval: Sharon Knutson, Deputy City Clerk ty ty Managers Review /Recommendation: v No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached Yes ) December 14, 1994 - Special Session All Councilmembers were present. December 19, 1994 - Regular Session All Councilmembers were present. December 20, 1994 - Executive Session Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. December 20 1994 - Special Session Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA TRUTH -IN- TAXATION BUDGET HEARING DECEMBER 14, 1994 CITY ffiku CA LL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor `Dodd Paulson at 7 p.m. BOL CA LL Mayor Todd Paulsen, Councilmembers Celia Scott, Kristen Mann, Dave Rosene, and Barb Kailigher. Also present Nvere (;ity Manager t'Terald Splinter, Finance Director Charlie Hansen, Director of Public Services Diane Spector, City Assessor Mark Parish, and Council Secretary Barbara Collman. TR.UTH IN TAXATION HEARIK The Cin Manager explained the purpose of the hearing was the presentation of the 1995 rrOoo.sed b udget for public comment. He noted the City Council cannot take any action on the budget at the hearing sessions, but must act by December Z0, 1994, City Manager reviewed the calendar of events regarding the proposal of the 1995 b l - 401er. He welcomed residents to speak to the mayor and City Council on a personal level 0"C'wir3 t:`te meeting if they would be more comfortable with that approach than with speaking; publicly. Tha .- City Mana explained the reasons two similarly priced homes in different parts of Brook-lyn Center *night have quite different tax Dills He pointed out $.20 per property taxi Ili gees to the City, which spend$ it for City services. For A TYPICAL HOMESTEAD, tis amount would be $18.59 per month, or $226.64 per year, Th%- Finance Director presented the proposed 1995 budget for the City of Brooklyn Center. 1 T- 1: � n .fig c t c reasons for the City share increasin 5.1 percent. i 11 Cini Manager stated booklets are available which explain the budget in more detail. T -.ej .,ere no questions or comments from the public. 1'/14 - 1 - Mayor Paulson mentioned the Council has reviewed and discussed the budget many times artd is fully familiar with it. He indicated the Council and Staff is open to calls and cOrnments from residents at any time. 0 Donn Esther, chair of the Financial Commission, stated the Commission's position on the prOpused budget had previously been provided to the Council. The City Council will vote on the issue on December 19, 1994. I� ,Mayor Paulson thanked the Financial Commission, commenting the members were a valuable resource for the City. There was a motion by Councilmember Kalligher and seconded by Councilmember Roscnc to close the public hearing. Ruth DeFur, 6342 Unity Avenue North, asked how much taxes are increasing in each of the iuur s0wol districts. i i City .Lsse noted the tax increases as fellows: District 11, Anoka- Hennepin is 5.8 ±;c.rcent if adc�ptcd, District 279, 4ssea, is 3.68 percent; District 281, Robbinsdale, is 3,511 percent, and District 286, Brooklyn Center, is 16.79 percent. Mlayor Paulson questioned the higher percentage increase in District 286. The City Assessor three factors leadin to the higher amour.,t: 1) tax court reductions and abatements; transportation issues; and 3) resources for special education. 1 Sutton, 6001 Bryant Avenue North, inquired whether everyone in the school district i teed in the same way. The City N answered the City Assessor values properties eatiali,, asm th. same appraisal system thrp the City. He noted the City Assessor could answer in more detail. kir t a� - •. St`..� as ked whether the commercial ro ern . es are taxed in the same way. He also p p Y 1v ?:-1 commercial M(cs are due and if diffcr penalties apply. The City Manager a bt�sincsses are taxed at a higher rate than residential properties. Thy City Assessor explained residential homestead property takes are approximately 1 to 2 0 Th , _ � .ham market - o . value. Commercial industrial properties are taxed fi to 6 1i"Z per cent, P 1� p , 11 1 li a � Y= t _arc sub classtfications. All property takes are due on May 15 and October 15. H`81he.r p enalti es and interest charges are due for failure to pay by a business than would be Charged a resid n i 1 .A eta tax a .�r. I S4. _nson, 6533 Ewing Avenue North, expressed concern over rumors the golf course's aree^ fees will increase in 1995. H r d He arse th�� q uality of the golf course but noted fees p � tY $ z:Ye —__n raised recently w ith no obvious improvement. He mentioned Brooklyn Park cf',s;jges lc -wer feLs for an equal golf course. 12 2 . 1 i+ The City Manager said he could look into the comparisons. The fees are based on casts plus c,riginal mortgage debt. • The Finance Director stated the onI fee which will y increase in 1995 is the fee for a second round of golf. He added the course is not paid for yet and wont be for approximately 15 years. The motion to close the public hearing was called. The motion passed unanimously. The public. hearing was closed at 7:30 p.m. T he City Manager reminded citizens the Council and Staff would be available to speak Privately following* adjournment. Mayor Paulson mentioned a gathering this evening at Humboldt substation. QJOL There was a motion by Councilmembcr Scott and sec ended by Councilmember Kalligher to :adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council Ldj�?urned at 7:32 p.m. • Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barbara Collman TimeS&ier off Site Secretarial 3 • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF TIME Cl "I'Y VF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 19, 1994 CI'T'Y HALL. CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, Director of Community Development Brad Hoffman, City Attorney Charlie LeFevere, Acting Chief Scott Kline, Assistant City Manager Nancy Gohman, and Council Secretary Barb Collman. • OPENING CEREMONIES Cuts Scout Webelos Troop 401 presented a flag ceremony. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COliNCIL REPORTS Councilmembcr Mann inquired as to tho status of the City Manager evaluation process. The City Manager stated all but one councilmember has submitted the required reports. Councilmember Rosene asked consideration of a special evaluation session be added to the agenda as item 12G. PRESENTATION BY RIVERWOOD NEIGHBORHOOD ASSOCIATION Mayor Paulson recognized the steering committee of the Rivcrwood Neighborhood Association, Rod Snyder, Tom Curry, and Jerry Blamey exprzssed appreciation to the members of the Council for their dedicated service to the community. Mr. Snyder explained the 12/19/94 - 1 - neighborhood feels a kinship with this Council as there has been a great deal of work and communication between the two regarding neighborhood issues. The neighborhood is experiencing renewed optimism and a change in attitude which the committee believes is , representative of the entire community of Brooklyn Center. The members of the Council were presented certificates of appreciation for fostering compatible redevelopment in the neighborhood area, The efforts of the Council were called tough and courageous. The latest edition of the neighborhood's quarterly newsletter was also distn'buted. Mr. Snyder indicated other members of the Riverwood Neighborhood Association were present in the audience to express support. Mayor Paulson recognized the kindness of the association. Councilmember Scott noted the Riverwood Neighborhood Association is an example of the cooperation necessary in order for a city to become a vibrant community. She expressed thanks to Mr. Snyder for his part. Councilmember Rosene thanked the steering committee for its words and noted he was pleased the association felt the Council had accomplished something of value. APPROVAL., OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. Councilmember Kalligher requested items 12A and 12B be moved to a position following • Item 9A on the agenda. Councilmember Rosene explained he will be suggesting a motion to establish an annual review of the City Manager. He noted an annual review would he prudent and equivalent to other City employees. Mayor Paulson suggested Item 8, Approval of Minutes, be added to the consent agenda with the stipulation that, for each meeting, councilmcmbers absent from that meeting be noted as abstaining from the approval of the minutes. There was a motion by Councilmember Kailigher and seconded by Councilmember Mann to approve the DccLmber 19, 1994, agenda and consent agenda as printed plus Item 8, Approval of Minutes. The motion passed unanimously. RESOLUTIONS RESOLUTION NO, 94 -258 Member Barb Kallighur introduced the fallowing resolution and moved its adoption; 12/19/94 -2- RESOLUTION AMENDING THE 1994 AND 1995 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMOUNT OF $500 • FOR INITIAL COSTS ASSOCIATED WITH POLICE MOBILE DIGITAL TERMINALS (MDTS) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO 94 -259 Member Barb Kalligher introduced the followings resolution and moved its adoption; RESOLUTION AMENDING THE 1994 AND 1995 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMMOUNT OF $6? 7 000 FOR THE HENNEPIN COUNTY PHOTO IMAGING SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen ttilann, and the motion passed unanimously. RESOLUTION NO. 94 -264 Member Barb Kallighur introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO RESCIND APPROVED APPROPRIATION FROM THE DRUG 1'ORFEITURE FUND IN THE AMOUNT OF $1,500 FOR STATE OF MINNESOTA TRAFFIC ACCIDENT REPORT CONIPUTER SOFTWARE THAT IS UNAVAILABLE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. Nlembur Burly Kailighvr introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF INVESTIGATOR DONALD SPEHN The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO, 94 -262 Nlembur Barb Kallighcr introduced the following resolution and moved its adoption: RESOLUTION ACCEP'T'ING PROPOSAL AND AWARDING CONTRACT FOR PROFESSIONAL SERVICES, 1994 -03 AND 04 57TH AVENUE STREET IiMPROVELMENT • 12/19x'94 -3 - i The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, • RESOLUTION NO. 94-263 Mcinbcr Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING ADMINISTRATIVE FEE SCHEDULE FOR WATERSHED COMMISSION FEES FOR PROJECT REVIEWS AND VARIANCE REQUESTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO, 94 -264 Mumbcr Bdrb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS The motion T e of on for the adoption h foregoing s dul seco member p of the re olution was y seconded by me er Kristen Mann, and the motion passed unanimously, RESOLUTION NO, 94 -265 'v , icmbc.r Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TA.k- EXEMPT BONDS AND AUTHORIZING APPLICATION FOR ALLOCATION OF BONDING AUTHORITY i The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLtJTT ON NO. 94 -256 Member Barg Kalligher intrud=d the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTI014 NO. 94 -257 ACCEPTING BID AND AWARDING CONTRACTS FOR IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1994 -Q, RESIDENTIAL STRUCTURE REMOVAL (PARK &. RIDE;STORTI POND SITE) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. • 12119 {94 - 4 - LIE ES There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following list of licenses: COURTESY BENCH U.S. Bcnch Corporation :3300 Snelling Avenue GASOLINE SERVICE STATION Brookdale Unocal 76 5710 Xerxcs Avc. N. Brooklyn Center Municipal Garage 6844 Shingle Creek Pkwy. Humboldt Unocal 76 6840 Humboldt Ave. N. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Mobil 6849 Brooklyn Blvd. U.S. West 6540 Shingle ek Pkwy. United States Post Office 6848 Lee Cr e ve, N. PUBLIC DANCE Holiday Inn 2200 Freeway Blvd. RENTAL DWELLING Earlc Brown Commons 6100 Summit Drive N. Terry L. Hartmann 6804 Fremont Ave, N. . Terry L. Hartmann 6809 Fremont Ave. N. Swanson Investments 7230 West River Road Swanson Investments 7250 West River Road Edward Sass 5103 Xerxes Ave. N. Terry L, Hartmann 1,123 h7th Lane N. Leo Vogel 2841 67th Lane N. TOBACCO RELATED PRODUCT Applebee's 1347 Brookdale Canter Brookdale Unocal 76 5710 Xerxes Ave. N. Brooklyn Center Municipal #1 1500 69th Ave. N. Brooklyn Center Municipal #2 6250 Brooklyn Blvd. Brooklyn Center Municipal #3 1966 57th Ave. N. Brooks Food Market 6804 Humboldt Ave. N, Centerb k N roo Golf Course X500 , Lilac Drive Ducos Bros, American Legion 4307 70th Ave. N. Holiday Inn 2200 Freeway Blvd. Jerry's New Market 5801 Xerxes Ave. N. K -Mart 5930 Earle Brown Drive Mobil 6849 Brooklyn Blvd, The motion passed unanimously. • 12/19/94 - 5 - APPROVAL OF MINUTES NOVEMBER 4 1994 - • 1 IEXFCTI E _ There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of November 14, 1994, executive session as printed. The motion passed unanimously, Councilmember Kalligher abstained. NOVEMBER 14, 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and scuunded by Councilmember Mann to approve the minutes of November 14, 1994, regular session as printed. The motion passed unanimously. Councilmember Kalligher .abstained. NOVEMBER 21, 1994 - SPECIAL WORK. SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Munn to approve the minutes of November 21, 1994, special work session as printed. The motion passed unanimously, Councilmembers Kalligher and Scott abstained. NOVEMBER 28, 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of November 28, 1994, regular session as printed. The motion passed unanimously. Councilmember Kalligher abstained. DECEMBER 5, 1994 - SPECIAL WORK SE S N There, was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of December 5, 1994, special work session as printed. The motion passed unanimously, C3uncilmembers Kalligher, Rosene, and Scott abstained. DECEMBER 7, 1994 - BUDGET FEARINQ There was a motion by Councilmember Kalligher and sccunded by Councilmember Mann to approve the minutes of December 7, 1994, budget hearing as printed. The motion passed unanimously. Councilmembers Rosene and Kalligher abstained. ORDINANCES The City Manager presented An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. This item was first read on September 12, 1994, and tabled by the City Council to October 24, 1994; approved for first reading on October 24, 1994; published in the City's official newspaper on November 2, 1954; tabled by the City Council on November 14 and 28, 1994; and is offered this evening for a public hearing and second reading. Eileen Oslund, chair of the Charter Commission, noted only minor changes arc proposed to the City Charter, The City Manager reviewed the substance of the changes and explained the language had been drafted by the City Attorney. • 12/19/94 -6- Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter at 7:16 p.m. He inquired if there was anyone present who wished to address the Council. There were no responses from those present. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing uL 7:17 p.ttt. TLc iuuGuu Naosz'd unanin lously. ORDINANCE NO. 94-13 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. Councilmember Rosenc offered congratularions to the Charter Commission for commendable completion of the amendment project. Mayor Paulson also expressed appreciation to the Charter Commission. • DISCUSSION ITEMS APPOINTMENT OF CHIEF OF POLICE The City Manager introduced a Resolution Finalizing the City Manager's Appointment of a Chief of Police. The City Manager announced his recommendation of Captain Scott Kline, Jr. for the position of Chief of Yolks. RESOLUTION NO. 94 -267 Member Bw Kalligher introduced the following resolution and moved its adoption: RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A CHIEF OF POLICE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. Councilmember Mann commented she is looking forward to Chief Mine's work in the position. 12%19%94 -7- Mayor Paulson offered congratulations to Chief Kline. Councilmember Rosene suggested Chief Kline's biographical information be read. • The City Manager read a biographical summary of Chief Kline's career in law enforcement. He has been a member of the Brooklyn Center Police Department since 1966. He has filled various appointments in all aspects of the department and has served as acting police chief on several occasions. Mayor Paulson told Chief Kline the community and the police department itself are supportive of his appointment. He urged Chief Kline to draw from that support in the future, OPTION OF BUDGETS FOR THE YEAR 1995 AND 1995 CAPITAL IMPROVEMENTS PLAN The City Manager explained public comment on the 1995 budget cannot be heard at this meeting, The budget has been adjusted on the basis of comment received prior to tonight. Councilmember Mann addressed the issue of the budget item for data processing equipment. She expressed concern with the increased amount. She would like the MIS coordinator Lo justify her recommendation of an obsolete processor (pentium 60). She noted parts for the equipment will be very difficult to obtain. She stated she would support approval of the budget contingent on investigation into this matter. The City Manager stated the issue would be reviewed and a report offered to the City Council, Councilmember Scott expressed appreciation to the City Staff and Financial Commission for their work on the budget. Mayor Paulson commented the preparation of the budget materials to include a program budget was very helpful in controlling budget expenditure, and in setting pk)licies and objectives. The program budget and the mission statement will be valuable tools to future councils, and he thanked the Staff for the work put into their preparation. The City \Manager presented a Resolution to Adopt the 1995 Proposed Budget for the Central Garage Internal Service Fund. RESOLUTION NO, 94 -268 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1995 PROPOSED BUDGET FOR THE CENTRAL GARAGE INTERNAL SERVICE FUND 12/19/94 -8- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution to Adopt the 1995 Proposed Budgets for the Special Revenue Funds and the Enterprise Funds. RESOLUTION-NO, 94 -2 69 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1995 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS A.ND THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT The City Council adjourned for the purpose of convening as a separate body, There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene M adjourn the meeting, The motion passed unanimously. The Brooklyn Cuiltor City Council was adjourned at 7:26 p.m. RECONVENE e The Brooklyn Center City Council was reconvened at 7:33 p.m. by Mayor Todd Paulson. DISCUSSION ITEMS The City Nfanager presented a Resolution to Authorize a Final Tax Lew for 1995 Appropriations for the General Fund, the Street Improvement Debt Service Fund, the E.D.A. Fund, and the H.R.A. Fund Budgets. RESOLUTION NO, 94 -270 Member Davc Rosen;; introduced the following resolution and moved its adoption. RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1995 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUND, THE E.D.A. FUND, ANT) THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. The City Manager presented a Resolution Approving a Final Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Service, and Relocation Assistance Pursuant to the Provisions of MSA 469.001 Through 469.047 of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1995. • 12/19/94 -9- RESOLUTION NO 94 -M Member Barb Kallighcr introduced the following resolution and moved its adoption. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL. SF.RVIC;E, AND RELOCATION ASSISTANCE PURSUANTTO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1995 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented a Resolution to Adopt the 1995 Proposed Budget for the General Fund, the Street Improvement Debt Service Fund, the E.D.A. Fund, and the H.R.A. Fund and the 1995 Capital Improvements Program. ESOLUTION NO. 94 -272 Member Celia Scott introduced the fallowing resolution and moved its adoption: RESOLUTION TO ADOPT THE 1995 PROPOSED BUDGET FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUND, THE E.D.A. FUND, THE H.R.A. FUND AND THE 1995 CAPITAL IMPROVEMENTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. EVALUATION OF CITY MANAGER Councilmember Rosene noted the evaluationi of the City Manager has been in progress for some time The next step is for the Council members to meet in private session with the City Manager to discuss their reports and complete the evaluation. Councilmember Rosene also noted an annual review of the City Manager would be prudent. In fact, perhaps there should be an annual review of Councilmembers. Councilmember Mann commented the reports were due i n August an d hers was finished then. She questioned the delay in the report:3 being prepared. Councilmember Rosenc a e p nswer d that not all Councilmembers submitted their reports in time. The City Manager mentioned there are dates available for such a meeting this week, next week or after January 1. Councilmember Scott expressed frustration that most Counc ilmembers fulf illed their obligations weeks or month$ ago and have been waiting to hold the evaluation mcctIng. d it is unfair to have the meeting Holiday time is a busy time an is now. • 121 - 10 - Councilmember Mann asked whether the outcome of the review might cause the current Council to meet again or if the matter might be forwarded to the new Council. The City ® Manager said that would be a decision of the Council, but the issue of data privacy would be involved. There also might be difficulty with the sequencing. The City Attorney said the evaluation meeting would be closed. There would then be a summary of the meeting at the next regular City Council meeting, which would be in 1995. Mayor Paulson suggested Tuesday, December 20, 1994, 7 'p.m. for the City Manager evaluation meeting, Councilmember Scott commented copies of all reports were supposed to be available for review prior to such a meeting. Councilmember Mann agreed and expressed cUnccrn there would not be time to review them before a meeting on Tuesday. Mayor Paulson said the reports could be reviewed at the meeting. Councilmember Scott said she does not like pushing the matter through in this manner. The process was handled incorrectly, but she said she would go along with thu ineeting. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to held an evaluation meeting of the City Manager on 1`uesday, December 24, 1994, at 7 p.m. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Mayor Paulson, aye; Councilmember Mann, aye; Councilmember Scott, nay. The motion passed. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to execute yearly reviews of the City Manager. The motion passed unanimously. Councilmember Barb Kalligher left the meeting at 7:40 p.m. ORDINANCES The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Lutheran Church of the Master). This ordinance was first read on November 14, 1994, published in the City's official newspaper on November 23, 1994, and is offered this evening for a public hearing and second reading. The City Manager commented this action is the final action on the rezoning. Mayor Paulson opened the meeting for the purpose of a public hearing <n o , l CZx ce Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain h f the Master at 7:44 .m. He if there was anyone in Land Lutheran Church o p q present who wished to address the Council. No one came forward. • 12119/94 I The re w as a mo b Y Y Councilmember Rosene and seconded b Councilmember Mann to close the public hearing at 7 :44 p.m. The motion passed unanimously. ORDINANCE NO. 4 -14 Mc-mber Cclia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (LUTHERAN CHURCH OF THE MASTER The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously, The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Country Harvest Buffet). Thia ordinance was first read on November 2$, 1994, published in the official newspaper on December 7, 1994, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Country Harvest Buffet) at 7 ;45 p,m. He inquired if there was anyone present who wished to address the Council. No one came forward. i There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:45 p.m. The motion passed unanimously. ORDINANCE NO Member Kristen Mann inuoduccd the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (COUNTRY HARVEST BUFFET) The motion for the adoption of the foregoing ordinance was duly seconded by member Dave F ,� Rosene, and the motion passed unanimously. PLANNIN MMI Ih C OMMI S S ION The City Manager presented Plwming Commission Application No. 94015 submitted by State Farm Mutual Automobile Insurance Company, which has requested site and building plan approval to construct a 1,456 square foot addition to the inspection area and remodeling of general offic area located at 5930 Shingle Creek Parkway. This application Com mission at its December 8 1994 meet was recommended by the Planning Com . g • 12/19/94 - 12 - The Planning and Zoning Specialist presented the report of the Planning Commission on the matter. He noted the zoning district is Cl. The size of the current inspection area will ® be doubled and offices will be added and others brought up to codes, such as Americans With Disabilities Act. The modifications will begin in Spring 1995. The Planning and Zoning Specialist stated the ninth requirement of the Planning Commission should be stricken as it is no longer applicable since a new landscape plan has been submitted, The State Farm service center will remain operational during construction. Phase One will involve the use of a temporary tent and Phase Two will involve the use of a trailer mobile office. Each of the temporary structures are expected to be used two months, with a possible one -week overlap. Councilmember Scott asked how the tent will be anchored. Tlie Planning and Zoning Specialist answered the building official has reviewed and would know the answer to that question. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve Planning Commission Application No. 94015 submitted by State Farm Mutual Automobile Insurance Company to construct a 1,456 square foot addition to the inspection area and remodeling of general office area located at 5930 Shingle Creek Parkway subject to the following conditions: 1. Building plans are subject to review and approval b the building official with respect gP n ) ♦p Y g es P to applicable codes prior to the issuance of permits, 2. Grading, drainage and utility plans are subject to final review and approval by the Engineering Department, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. �. The building addition is to be equipped with an automatic fire extinguishing system o to meet NTPA standards and shall be connected to a central monitoring device ill accordance with Chapter 5 of the City ordinances. b. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City ordinances. i 12/19/94 - 13 - 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. • 8. Site lighting shall comply with Section 35 - 712 of the City ordinances and shall not cause glare beyond the boundaries of the property. The motion passed unanimously. Mayor Todd Paulson left the meeting at 7:50 p.m. PUBLIC HEARINGS PUBLIC HEARING RELATING T THE MODIFICATION QF _ HOUSING DEVELOPMENT ANP R�VELOP N'I' ?BQJECT NQ. 1 AND T_ HE CREATION OF TAX INCREMENT FIN NGINQ DISTRICT NO 3. The Director of Community Development reviewed the process and the project under consideration. The objectives of the project are enhancement of the tax base through new development and redevelopment, better utilization of vacant and undeveloped property, attraction for businesses, clearance of blighted properties, and provision of housing opportunities. The implications of the tax increment finance district are that base value will be frozen at approximately 20 percent of the tax base and that a 15 percent housing fund will need to be established. He stated there will be no fiscal impact on school districts. In summary, the Director of Community Development said the implementation of this district ~Mould create a financial tool by which the City could accomplish the redevelopment projects it has been planning. Acting Mayor Protem Scott opened the meeting for the purpose of a public hearing relating to the modification of housing Development and Redevelopment Project No. 1 and the Creation of Tax Increment Financing District No, 3 at 7:56 p.m. She inquired if there was anyone present who wished to address the Council. Rod Snyder, 6408 Willow Lane, spoke as a representative of the Riverwood Neighborhood Association. He was pleased with the recommendation, noting the work behind it is commendable and the project will have a tremendous impact on the community. There was a motion by Councilmember Rosene and seconded by Councilmember Diann to close the public hearing at x.05 p.m. The motion passed unanimously. The City Manager presented a Resolution Modifying the Redevelopment Plan for Housing Development and Redevelopment Project No 1, Establishing Tax Increment Financing District No. 03, and Approving and Adopting the Tax Increment Financing Plan Related Thereto, Located within Housing Development and Redevelopment Project No. 1 is 12119/94 -14 - RESOLUTION NO, 94 -273 Member Kristen Mann introduced the following resolution and moved its adoption: • RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO 1, ESTABLISHI TAX INCREMENT FINANCING DISTRICT NO. 03, AND APPROVING AND ADOPTING THE TAX INCREMENT FINANCING PLAN RELATED THERETO, LOCATED WITHIN HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Mayor Todd Paulson returned to the meeting at 8:05 p.m. PUBLIC HEARING REGARDING CERTAIN TABLED PROPOSED SPECIAL ASSESSMENTS, IMPROVEMENT PRUJEcr NO. 1990 -10, 69TH_ AVENUE RECONSTRUCTION The Director of Public Services explained this matter involves five properties which are zoned R3 but are currently used as single - family homes (R1). The property owners have objected to the assessments because other single - family homes had been removed as part of the project. The assessments represent less than one percent of the cost of the project. City policy is to assess on the zoned, rather than current, use of the property. • The Director of Public Services reviewed the rates and calculations. In past similar situations, the City has assessed as zoned rather than at single- family rates. Councilmember Rosene stated he does not like to see residents assessed large amounts but also does not want to set a precedent of assessi on the basis of use rather than zutiing. He noted he would need to be convinced to change his mind. Councilmember Mann noted if the zoning were lowered to R1 the City would be liable. Councilmember Rosene repeated that he would need to be convinced to not assess according to zone. Mayor Paulson reopened the meeting for the p ur p ose of a p ublic hearing regarding certain � P g P rP P tabled proposed special assessments, improvement project No. 1990 -10, 69th Avcnuc Reconsmiction at 8:19 p.m. He inquired if there was anyone present who wished to address the Council, Denton Dawson, on behalf of his mother, 4011 69th Avenue North, noted the project had no benefit to the current property owners. The owners didn't request the project and see no increase in property value. In addition, problzms were created in terms of access to and egress from the properties and lack of on street parking. 12/19/94 - 15 - Mr. Dawson noted a meeting with City officials in 1992 resulting in a promise the City would a for the movement of electrical meters. Since pay only two meters needed to be moved, money which had been allocated must still be available. City Staff has not yet explained the whereabouts of that money. Approximately $4,500 could remain from the allocation and • could be used to offset the assessments. Mr. Dawson noted that in a 1993 meeting the Mound Cemetery issue was tabled. He questioned the resolution of that matter. The City Manager stated the Mound Cemetery matter is still under consideration and is a complex question. In response to the comments concerning funds allocated for the movement of electrical meters, the City Manager said the money had been offered on a preliminary estimate basis. The monies are unexpended and remain in a State Aid fund. He added the assessment is a procedure of assigning benefit to a property. Outside appraisers supported the City's contention that there was benefit to the properties. Mr. Dawson questioned whether the money estimated was spent. The City Manager said the money was put into a State Aid account and used on other streets in the community. Mr. Dawson went on to say two of the property+ owners in question are elderly, on fixed incomes, and would find it difficult to handle the assessments. He asked about the rates at which bonds were sold in light of a nine percent charge on unpaid assessments. The Finance Director said the rate,'was between five and six percent. The interest rate on special • assessments has never been set by the City`s cost of borrowing, but instead set to be near the homeowner's cost of borrowing. New home mortgages are now being issued with interest i rates around 9 %. The Director of Public Services mentioned the Assessment Stabilization Program was not in place at the time of this project but the State deferment for senior citizens program would be available. She suggested these homeowners might be eligible for the program, which would defer some of the assessment costs until the property is sold. Mr. Dawson asked whether the assessments to the homeowners could be postponed until the Mound Cemetery issue is decided. Councilmember Rosene asked for Uri explanation of the advantages from that course of action. Mr. Dawson said the matter should be postponed in fairness to the homeowners. It looks as though there might be an adjustment for the cemetery, but all properties should be treated equally, _ The City Manager noted the reason this matter has been brought up now is that one property owner has sold the property. Since this assessment is pending, the scllcr has asked 12/19/94 - 16 - for a determination on the matter so the escrow money can be handled. It is not a case of the City initiating action on the matter. Mr. Dawson no h cemetery's noted the emetery s assessment is pending and may be reduced. The City Manager agreed the matter is pending and could possibly be reduced by action of the Council. Mr. Dawson stated the "leftover" money could be applied to the assessments. No precedent would be set as projects usually go over budget rather than under budget. Councilmember Scott asked whether it is legal for the City to use State Aid funds to pay assessments. The City Attorney stated it is permissible but would take away money from other projects. David Joelson, a former property owner in the area under discussion, noted nothing has been done for two years. He felt his money should not be tied up by this situation. He asked for expediency and fairness. The residents are having this matter held over their heads. The monies should be released one way or the other. Jean Hanson, 4007 69th Avenue North, said the zoning and assessments for townhouses is unfair. When a property sells, there will bc- new assessments for a changeover to townhouses. Also, the road is a handicap rather than a benefit. Joyce Croenke, 410169th Avenue North, said thae situation is unfair because there has been no enhancement, the road is "temble," and the properties arc not saleable. Chris Joelson, 4001 69th Avenue North, stated the limited access on the street causes problems and creates a hazard due to drivers making U -turns. He asked whether there are future plans to buy the homes to free up the property for redevelopment. The City Manager said there is the potential of development by a developer, but the City would not be seeking to buy the properties at the time. A 1997 project involving Brooklyn Boulevard might include this area but no commitments can be made at this time. Mr. Joelson said he would like to see the assessments re- allocated through the City and again noted the street is dangerous and difficult to maneuver. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at S:44 p.m. The motion passed unanimously. Councilmember Rosene commented he does not like to be involved in voting in assessments. However, the property was benefitted at the R3 zoning class; it is irrelevant whether current property owners benefitted. 12/19/94 - 17- CounciImember Scott agreed the limited access to the properties is inconvenient. The road was dangerous hefore the improvements, Th ;re were not enough funds available fur the City to purchase the homes on both sides of the street. It was a difficult decision which properties to purchase. Two factors considered were the conservation of trees and which residents wanted to stay. Also, an independent appraisal supported the decision. She suggested the senior citizens investigate the assessment stabilization program. The precedent of assessing by zoning should not be changed. Councilmember Rosene agreed the senior citizens should investigate the deferment program. He questioned whether the residents of the neighborhood had asked the City to re -zone the area to an RI rating, Mr. Dawson asked why the zone was rated R3 in the first place. He wondered if it may have been because there is a housing project behind the neighborhood. The property has limited access whether or not there was a beneEt to homeowners. Councilmember Rosene asked whether the City has considered buying the remaining properties, The City Manager said one small property has been considered. Generally, the City does not approach a homeowner unless the home is dilapidated. The City is currently focusin on the redevelopment of Brooklyn Boulevard and has limited resources. Councilmember Rosene asked whether the widening of Brooklyn Boulevard might result in reconfiguration causing a ripple erect which could be an answer in this situation. The City Manager said there is a possibility of such an occurrence but there can be no commitments to that end, Councilmember Rosene questioned whether purchase of the properties by the City would be considered if the City were approached by the homeowners. The City Manager said Staff would investigate and present the facts to the Council. The Director of Public Services noted any acquisitions related to the Brooklyn Boulevard project would be properties which abut Brooklyn Boulevard. The funding available is reserved for properties meeting that criteria. Therefore, purchase of other properties would be reliant on the allocation of other funding, Mr. David Joelson commented he is on record as having asked the City to buy his property previously. The City Attorney pointed out a series of problems which could result from a purchase by the City. RESOLUTION NO-94-278 Member Kristen Mann introduced the following resolution and moved its adoption; is 12;19!94 - 18- RESOLUTION CERTIFYING SPECIAL ASSESSMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PUBLIC HEARING RSQARDrNQ INITIAL APPLICATION FOR PRIVATE KENNEL LICENSE AT 6312 FRANCE AVENUE NORTH The City Manager explained the applicant owns three dogs and the ordinance allows only two. City Staff followed procedures then decided to reject the application. Some comments from neighbors were negative and some were positive. There were no police records concerning the animals. The health inspector found no problems. The owner. has appealed the decision, which means the City Council mint decide the appeal. Proper notices have been sent in connection with the public hearing. Mayor Paulson called a recess of the City Council at 8:59 p.m. The City Council was reconvened at 9:15 p.m. Councilmember Scott asked the City Manager to explain the basis for the denial of the application, The City Manager answered he followed a prescribed process. Each application is checked in three ways or areas. If those three checks result in one objection his personal policy is to reject the application. This application had an objection in one of • the three areas. Councilmember Rosene said he is tempted to vote to reverse the denial but would like some assurances there would not be problems in the future, He asked the applicant to comment. Bradley Shogren, 6312 France Avenue North, the applicant, distributed copies of a petition signed by all but two neighbors in support of his application. He noted all neighbors have been given his phone number for expression of their concerns. He said the dogs have been raised well. Two neighbors are present at this meeting in support of the applicant. Even the letter in opposition to the license carries an admission that the dogs are not outside when the owners are not home, Only one neighbor has ever mentioned the dogs' barking and it was a positive comment that the neighbor felt more secure knowing the dogs were present. He added the issue was not brought as a result of a complaint but due to his voluntary attempt to comply with the ordinance. He expressed dismay that an anonymous letter can be used as public record, Pat Shogren, 6312 France Avenue North, the applicant's mother, also spoke in support of the application. Mr. Shogren mentioned if the dogs were to become a nuisance he and his mother would be the first people to want to get rid of them. He would appreciate the opportunity to keep • 121191 - 19 - the animals unless and until there is a problem in the future. Giving him a chance would be more fair than judging on the basis of an anonymous letter. The Ci ty Manager er noted the issuance of a kennel license does not relieve the owner of • continuing compliance with ordinances. Mr. Shogren noted when the City Manager made the decision to deny the application he did not have possession of the positive letters. The supporters did not write because it was not felt supportive letters were needed unless there was a complaint. He added he would be happy to take the dogs into the house if asked by neighbors. Councilmember Rosene noted the applicant is making an attempt to comply with the ordinance and there have been no complaints concerning his dogs. The petition lists several offers, including an offer to not replace one in the future. Councilmember Rosene expressed gratitude for the assurances by Mr, Shogren. There was a motion by Councilmember Rosene .and seconded by Councilmember Mann to approve the private kennel license at 6312 France, Avenue North subject to the conditions listed on the petition, Councilmember Rosene commented the petition demonstrates a cooperative owner. Mayor Paulson stated the burden of proof was on the applicant, who showed there was lack of a nuisance factor. He asked whether the Council could limit the license to thruu dugs and then revoke it if the number drops to two. The City Attorney confirmed this was possible. Mayor Paulson asked that the motion be amended to stipulate a limit of three dogs with the conditions and a reduction to two if one animal is removed from the household. Councilmember Rosene said that condition was already part of the motion. The City Manager noted a letter will be provided. The motion passed unanimously. DISC 'SSION ITEMS - CONTINUED STAFF REPORT RE: SPECIALASSESSMENTS FOR STORM( DRAINAGE IMPROVEMENTS AND THE ASSESSMENT STABILIZATION PROGRAM The Director of Public Services reviewed the policy, noting it was written in 1964 and has been updated many times._ The bulk of the policy is based on existing policies, so changes are now being incorporated. No policy can anticipate every contingency; therefore, amendments and deviations are expected relative to different projects. In regard to the • 12/19/94 -20- special assessment policy, there have been concerns. Two options have been developed and would have the same impact. Staff recommends the option which is the easier to implement. i Councilmember Mann said she is fairly comfortable with the changes but is still concerned there are some who will get by without paying anything at all. Perhaps a person should not be a homeowner if he or she cannot afford to be. Home ownership is a privilege rather than a right. She said she cannot support the program since she believes every resident should pay at least a 10 percent assessment. There was a discussion regarding the November 213,1994, City Council minutes which quoted Councilmember Mann as saying home ownership is a "right, not a privilege" when it should have read "privilege, not a right," Councilmember Mann concurred she said "privilege, not a right." Councilmember Rosene disagreed with Councilmember Mann's position. He said if a citizen is residing in a home he or she is contnbuting to the image of the City. If someone makes under $9,000 annually he wished them well if they could stay in a home and would not ask them to pay. Councilmember Mann commended Staff for its wont on checking on this policy. She stated she is concerned for the senior citizens. The Cite is often too liberal; it cannot be all things to all people. Residents must pay their fair share. This program is fair and equitable. The citizens will agree it is a fair policy. The policy will make implementation simpler. As a • person's income goes up, the assessment goes up, but vulnerable people are still protected. She preferred the first option. Councilmember Rosene said he supports the Hrst option, as well. He questioned the increase in the slope of the line from $9,QQQ; he felt the line should stay level rather than the slope increasing. The Director of Public Services stated the generosity of the program is related to those in the middle, The high cnd of the scale is the best place to scale back to con5crve funds. Councilmember Rosene noted he has a different viewpoint. The City Manager presented a Resolution Adopting the Brooklyn Center Special Assessment Policy. RESOLUTION NO-94-274 N1c:n1bcr Celia Scott introduced the following resolution and moved its adoption, RESOLUTION ADOPTING THE BROOKLYN CENTER SPECIAL ASSESSMENT POLICY 12/19/94 -21- The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Roll call vote: Couneilmember Rosene, aye; Mayor Paulson, aye; Councilmcniber Scott, aye; Couneilmember Mann, nay. The motion passed. STAFF REPORT RE• HENNEP N COUNTY BROOKLYN BOULEVARD STREET IMPROVEMENT PROJECT COOPERATIVE AGREEMENT, AND ENHAN-CEMENT PROJECT The Director of Public Services noted the tasks actually go beyond the preliminary design. The BRW, Inc. tasks are critical to keep the project going. Since construction is anticipated in 1997 it seems earl however, the paperwork associated with federal funding takes quite y' P P g q some time. The major work tasks include obtaining federal environmental clearance, preparing the roadway layout, preparing a drainage plan for the corridor, approving the right -of -way plan ( "official map" preparation), and preparing plating features. With this design, BRW is actually handling two projects the street project and the environment ro cct. The proposal from BR r Q 000 but Hennepin County will y just under F J F Fosal o W 1s over $23 , p ty pay half of that amount. The balance is associated with enhancements and redevelopments. Funding would be appropriated via an I$TEA grant, State Aid, a Tax Increment Financing (TIF) district, and storm drainage utility funds. The Director of Public Services continued, noting there are minor language details to be changed in the agreement, but it should be prepared within the next month. The a►aL estimate includes $250,044 for road improvement, $600,000 for right -of -way and underground NSP involvement, The worst -case scenario is $800,000, which may be reduced. Overall, the total project would be $8 million. The City's share would be $4 million. If developers were introduced into the project, the amount would be reduced. There is much work to be done. It is believed the funds are available. Couneilmember Scott commented on the detailed, easy -to -read report. She questioned the meaning of "SHPO letter" under the environmental assessment section. The Dircctvr of Public Services was unsure the meaning of the acronym but said she would research it. The City Manager said it must refer to a Federal letter. Couneilmember Mann questioned whether the Park and Ride pond was in Phase II of the water management plan, The Director of Public Services said that task for BRW is only if nccessary. The City Manager said it has to do with environmental impact. Some calculations may be needed to satisfy federal requirements. The City Manager presented a Resolution Accepting Proposal and Awarding Contract for Professional Services for Preliminary Design, Improvement Project No. 1994 -14, Brooklyn Boulevard Street Improvement, 65th Avenue to 71st Avenue. 12/19, -22- RESOLUTION N0, 94 -275 Memher Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR PROFESSIONAL SERVICES FOR PRELIMINARY DESIGN, IMPROVEMENT PROJECT NO. 1994-14, BROOKLYN BOULEVARD STREET IMPROVEMENT, 65TH AVENUE TO 71ST AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, COPS F A S T FEDERAL GRANT PRO_ CUp SAL The City Manager stated this program is in flux. The first part is funded but portions are not. Applying for grants is not too time - consuming now but would be in the later stages. The police department recommends against applying for the program as the implications of the program are not clear and because additional officers will strain the operation of the department. The Police Chief explained a possible problem with the Union if this program were used. There are too many unanswered variat les to jump into the program, although it could prove worthwhile in the future, Mayor Paulson mentioned if officers were hired under the program and then funding was • not appropriated the City would want to fire those officers. The Police Chief said the Union would not accept that if it occurred. Councilmember Rosene recommended the new Council be allowed to evaluate the status of the department after the addition of the five new officers, An application for the program could be made in the future. Councilmember Mann expressed concern there are too many strings attached to the program. The Police Chief- concurred there are too many unknowns. Councilmember Scott noted some communities nave received funding through the program but are unsure how to use it since the money will not be available in the future. The- program is difficult to implement. She thanked the Police Chief for his input. Mayor Paulson commented if the Council knew officers would not be needed it could refuse the program with a clear conscience, However, since officers will be needed, it appcars irresponsible to overlook funding even though there are strings attached. Perhaps money could be found in the budget to maintain the officers when the time comes. The program is worth pursuing. Councilmember Scott asked whether there are other aspects to be considered besides adding • officers, The Police Chief confirmed there are. 12/19/94 -23- Mayor Paulson asked whether the department expects to add an officer in 1996, the time when this program would be in force. The Police Chief said it would be in effect in 1995. • Mayor Paulson stated officers will be needed. The Police Chief noted funding starts February 1, 1995, but no parameters have been given. Mayor Paulson said the program could be passed over if the addition of officers were not a high priority, but it is, Councilmember Rosene noted senior citizens are frustrated when their homes are burglarized but there are not enough officers to investigate, Citizens want the streets to be more closely monitored. Those are two ways of gauging if more police staff is needed. Councilmember Scott stated officers will be needed in the future but the program requires writing a new program application and using the officer there. The program does not just provide another officer on the street or funding for an existing program. She agreed with the Police Chief, The F.A.S.T. program itself needs to be rewritten in order to be usable. The City could use a grant to enhance v6sting programs, but this progra n cannot be used that way. Mayor Paulson noted he is not totally familiar with the requirements of the program but it appea the fu nding can be used to fund police on the streets The City needs to be crrat and find money wherever possible. The Police Chief noted if the City applies for the grant, the 1995 budget would need to be amended. The City Manager commented the grant program is for creating new programs, not for expanding existi p rograms such as Co pps and DARE. Also the rec uirurncnts aren't p 1; g la � 1 PP documented. He noted Mayor Paulson does have all the information available. There is not enough information prodded by the Federal Government to go on and the Police Department is reluctant to get involved, Mayor Paulson stated it would be worthwhile to turn in the one -page application and withdraw it later if necessary The Police Chief said once the application is sublulued the City would be committed to the ro P $am. r Councilmember Rosene questioned whether a congressman could be enlisted to investigate the program for the future. Councilmember Mann stated the incoming Council should have the opportunity to discuss the matter at a work session. • 12/19/94 -24- There was a motion by Councilmember Scott and seconded by Councilmember Mann to withhold application for the F.A.S. T. Program but investigate applying When it is • economically feasible and advisable. Roll call vote: Councilmember Rosene, aye; Mayor Paulson, nay; Councilmember Scott, aye; Councilmember Mann, aye. The motion passed. 1995 PAY PLAN AND 1995 COLLEMVE BAR GAINING AGREEMENT FOR LOC_A_L 49 (MAINTENANCE The City Manager reviewed the amount of incre -uses and term of the agreement. He noted the probation period changed from six months to twelve months, a point the City sought. He also noted the police contract is hung up on economic issues, Councilmember Mann noted a three percent increase is consistent with the private sector. It is reasonable if it is the best deal the City could bargain. She noted, however, she did not like the health insurance amounts. The City Manager noted the health insurance invUlves a 70 percent employer contribution. The City Manager presented a Resolution Setting Wages and Salaries for the Calendar Years 1995 -1996 Collective Bargaining Agreement for Local No. 49. RESOLUTION NO, 94 -276 Member Cilia Scott introduced the fallowing reolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEARS • 1995 -1996 COLLECTIVE BARGAINING AGREEMENT FOR LOCAL NO. 49 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The Assistant City Manager noted the amount includes salary plus insurance costs for 1995 - 1996. The motion passed unanimously. Mayor Paulson requested the compensation for City Manager be removed from the local, organized agreement until the evaluation is completed. RESOLUTION NO. 94 -277 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1995 EXCLUDING CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. i 12/19/94 25 - CONSIDERATION OF 1995 LIQUOR LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to renew the liquor licenses as listed. The motion passed unanimously. A.DJ UXNMENT There was a motion by Councilmember Mann and seconded by Councilmember Scott to adjourn the meeting, The motion passed unanimously, The Brookf nter Ci Cou i e Center Council p m adjourned at 10:28 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimcSaver Off Site Secretarial • 12/19/94 -26. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EXECUTIVE SESSION DECEMBER 20, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in executive session and was called to order by Mayor Todd Paulson at 7:11 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Barb Kalligher was excused from this evening's meeting. Also present was City Manager Gerald Splinter. DISCUSSION ITEM The City Council discussed the 1994 performance evaluation of the City Manager. ADJOURNMENT The Brooklyn Center City Council adjourned the executive session at 10:50 p.m. • Deputy City Clerk Todd Paulson, Mayor i 12/20/94 -1- 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 SESSION DECEMBER 20 , 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Todd Paulson at 10:50 p.m. ROLL CALL Mayor Todd Paulson, Celia Scott, Dave Rosene, and Kristen Mann. Barb Kalligher was excused from this evening's meeting. Also present was City Manager Gerald Splinter. The City Council considered the 1995 contract for the City Manager. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve the 1995 contract for the City Manager, and further, to authorize the Mayor and City Manager to approve such agreement. The motion passed unanimously. ADJOURNMENT • The Brooklyn Center City Council adjourned the Special Session 10:55 p.m. Deputy City Clerk Todd Paulson, Mayor 12/20/94 -1- Council Meeting Date January 9, 1995 3 City of Brooklyn Center Agenda Item Number // Request For Council Consideration Item Description: Proclamation Declaring January 22, 1995, as POW /MIA Brooklyn Center Day of Prayer Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation:? No comments to supplement this report Comments below /attached Recommended City Council Action: Proclaim January 22, 1995, as Brooklyn Center Day of Prayer. Summary Explanation: (supporting documentation attached Yes ) • //a�, PROCLAMATION DECLARING JANUARY 22, 1995, AS POW /MIA BROOKLYN CENTER DAY OF PRAYER WHEREAS, the fate of those United States Military personnel still unaccounted for as a result of their service in Southeast Asia continues to be a matter of the highest national priority; and WHEREAS, cooperation between the governments of the United States, the Laos People's Republic, and the Social Republic of Vietnam to resolve the facts and circumstances of the fate of these individuals continues; and WHEREAS, records in the ossession of the Department of Defense relating to the last P P g known sightings of those United States Military personnel have been recently declassified; and WHEREAS, the families of those 42 Minnesotan's whose ultimate fate is still unknown following their service in Southeast Asia continue to wait for information regarding their loved ones; and WHEREAS, the citizens of Brooklyn Center, as do all Americans, support every effort of our President to achieve a full and final accounting of all United States Military personnel still listed as Missing in Action or Prisoners of War. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State f o Minnesota do hereby n y January 22, 1994, as POW /MIA Brooklyn Center Day of Prayer. Date Mayor Attest: Deputy Clerk • Post -]V~ brand fax transmittal memo 7671 N of pages ► Tq.� }' u t / ✓ From Cott; Co. Dept. , Phone N Fax* if Fax 04 January, 1995 Mayor -elect Myrna Kragn,ess and Members of the Brooklyn Center City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor -elect Kragness and City Councitmembers, I am writing today on behalf c f Minnesota Won't Forget POW/ NTLA and the Minnesota League of POW /MIA Families to request a proclamation declaring ±January 22 - 29, 1995 as Minnesota Unity Rreek of Pray e r_and Sunday, January 22, 1995 as Minne- sota Day of Prayer in. the City of Brooklyn Center. I am enclosing copies of a flyer that contains information on the event being held Sunday, January 22 in Maple Grove. Addition- ally, I am enclosing cr, copy of Governor Arne Carlson proclama- tion. If you have any, questions on the event you can contact me at 561 -3595 or Gloria Hoyster, Event Chairperson at 521 -1966. Sincerely, Kathleen Pierce JAN. 04 '95 13:03 HAIJENS T EINBJRt�^EISTERPi; P.1 /1 �ctHr� sOTA Woo �r.F O r;t�E7POWIMIA _ ih - �;z +l;r -� NH Suzclay, ran 22 1995 is PQW/MIA hfimlesola Day of Prayer God enwr Arme Ca- proclaimed the x Cek of 3ai uary 22, 105. January 29, 1395 IV'irrn sr_ 3 a ; �. c to i cut y .week of Prayer I_! ohserva=' of this weak, air] t� arartive- of the si of tlhc Paris Nacc Ac, �rzt an January ?7, 1973, . wItich e cd inv* O vc nea, irY ' ictnam there j will be pr."Yor sery Su�-tday, January 22, 1995, 7� be sarv:;.e � uI Fic held ax 2�: tlE} P .M. at Th6 �nepherd of rfh! Grove LU.therati Ghtmrh I A75 W. E- � LLrike Drive - Maple 4rove . We zre a3st? aski"19 pile to contact their churches ,. r• r, clisrircg rtxntion of the 1?rayer Wcck >x their neivslattrrn, builetirs and at their church serviccs. �'%T MUST V0,T F ORE!' THE WWII 9577 KOREA 121 VIE`T'NAM 43 Mid -NRSf STAN'S ML4SING IPA Ai.'ITC1N Pir„ase� r&iwmber them in your prayers alld Nhow you , by auending Gum Sl eaer - BiIl Bz 1l National Ve re iii l2 rsearch Center Sjnmeeted by Mi!�csota wcn•t f.rset and Klnn(tsnt8 tea" of Famitity oavv arxf'Giorio Kayate� CnattptrcorA MIw4PSOTA WONT FORDET POW Nt1A YatEey fd�g Shop Ire Calitvi 2107=! W, Dur6svillH Pfl"vey S6msville, MN 66337 t$i2} 894 -177fi t=RX (Sy�� S9t? f>01T f Council Muting Date January 9, 1995 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Proclamation Declaring January 16, 1995, as Martin Luther King, Jr. Day Department Approval: a 4uvt — pv� Sharon Knutson Deputy City Clerk P Y Y Managers Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Proclaim January 16, 1995, as Martin Luther King, Jr. Day Summary Explanation: (supporting documentation attached No ) • PROCLAMATION DECLARING JANUARY 16 1995 AS MARTIN LUTHER KING JR. DAY WHEREAS, the Reverend Dr. Martin Luther King, Jr. dedicated his life to achieving racial equality through nonviolent social change; and WHEREAS, in honor of this great civil rights leader, the United States Congress and the Minnesota State Legislature declared January 20, 1986, as the first observance of the Martin Luther King, Jr. holiday; and WHEREAS, this day will allow us to reflect upon Dr. King's contributions as a theologian, scholar, orator, philosopher, humanitarian, dreamer, and leader; and WHEREAS, this day will serve as a reminder that as long as any one group in our society is in bondage, none of us is truly free. NOW THEREFORE, O E I AS MAYOR OF THE CITY OF BROOKLYN CENTER State of Minnesota, do hereby proclaim January 16, 1995, as Martin Luther King, Jr. Day in the City of Brooklyn Center. Date Mayor Attest: Deputy Clerk Council Meeting Date January 9. 1995 3 City of Brooklyn Center Agenda Item Number Request For C Consideration • Item Description: Resolution Designating Official Newspaper 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 Resolution Designating Official Newspaper. Summary Explanation: (supporting documentation attached Yes ) • Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a q Y Y g legal newspaper of general circulation in the City as its official newspaper. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 1995. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minn. Stat. 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 1995. 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. MINNESOTA S N U PUBLICATIONS Sun•Current S un•Post , Sun•Sailor: December 9, 1994 City Council City of Brooklyn Center 6301 Shingle Creek. Parkway Brooklyn Center, NL T 55430 Dear Council Members: Please consider the Sun -Post as the city of Brooklyn Center's official newspaper for the year 1995 at your January organizational meeting. The rate structure for legals effective January 1, 1995 will be: ' 0 1 column width: $1.02 per line - first insertion ($11.22 per inch) $0.51 -per line - subsequent insertions ($5.61 per inch) 2 column width: $2.04 per line -first insertion ($22.44 per inch) $1:02 per line subsequent insertions ($11.22 per inch) Notarized affidavits on each of your publications will be provided. Minnesota Sun Publications will accept legal notices on diskettes. We can translate files produced in a wide range of IBM- compatible PC and Macintosh word processing formats. (Please call Dianne Tomczik at 896 -4743 for more information.)As this represents as cost- effective and efficient method for us to produce the copy for publication, we will offer a 15% rate discount on all notices submitted on diskettes: We recommend that other municipal departments coordinate their legal notice publishing needs with the city clerk's office as well. All legal ads should be sent to our Bloomington office by Thursday noon preceding our Wednesday publications. In order to expedite our service to you, please direct your legals to the attention of Mendel Hedblom, Minnesota Sun Publications, 7831 East Bush Lake Road, Bloomington, MN 55439. For your convenience our fax number is 896 -4754. Thank you for considering the Sun -Post as your official newspaper for the ensuing year. We are honored and pleased to serve you and look forward to a mutually beneficial working relationship with the city of Brooklyn Center. �nc rely, Donald W. Thurlow Bloomington Office: 7831 East Bush Lake Road Bloomington, MIN 55439 Ph: (612) 896 -4700 MINNESOTA SUN' PUBLICATIONS Sun•Current SunePost Sun•Sailor December 9, 1994 Dear Legal Advertiser: Because of the substantial increase in the cost of newsprint, Minnesota Sun Publications will be increasing its legal advertising rate by 6% in 1995. The enclosed letter lists the one column and two column line rate that will be effective in 1995. As you may recall, we changed the format of the legal advertising on August 31. Although the cost of the ad was unaffected by this change, the line rate increased from 79 cents to 96 cents because of the increase in the width of the column. The 1995 rates listed on this year's request for legal advertising are based on the new format. This new line rate is only 6% higher than the actual cost for legal advertising placed in 1994, though it may appear, to be higher when compared to the rate that was in effect prior to August 31. Please call me if you have any questions regarding this new rate schedule. Sincerely, Donald W. Thurlow Publisher DWT /mc Encl. Bloomington Office: 7831 East Bush Lake Road Bloomington, MN 55439 Ph: (612) 896 -4700 Council Meeting Date 1/9/95 3 City of Bmoklyn Center Agenda Item Number 1 Request For Council Consideration Item Description: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS Department Approval: (�i.rlrt,� h Charlie Hansen, Finance Director f - Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Passage of the attached resolution. Summary Explanation: (supporting documentation attached NO ) In January of each year, the City Council has passed a resolution designating the financial institutions which are authorized as depositories of City funds. Marquette Bank Brookdale is where the City has • all of its checking accounts. The first six institutions listed in section two are where the City has various investment or debt service accounts. No business is currently conducted at Smith Barney Shearson or Juran & Moody, Inc., but they are listed to provide competitive options for purchasing investments. No business is currently onducted with the last four banks listed in section two, but they Y are listed because they are local banks and may be used if it is in the City's interest to do so. • //d d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds, including the safekeeping and disbursement of public moneys; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the city manager and the city treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. that Marquette Bank Brookdale is hereby designated as the depository of the funds of the City of Brooklyn Center. 2. that the following named banks are hereby designated additional depositories to be used for investment purposes: First National Bank of Minneapolis First Trust Bank of St Paul Federal Reserve Bank of Minneapolis Dain Bosworth Norwest Bank Minneapolis American National Bank of St. Paul Smith Barney Shearson 7uran & Moody, Inc. Firststar Bank of Brooklyn Center Investors Savings Bank of Brooklyn Center Metropolitan Federal Bank FSB of Brooklyn Center Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged by the depository to the City, and approved by the City. 3. that First National Bank of Omaha is hereby designated as the clearinghouse depository for credit card sales of the Liquor Stores. 4. that the city manager, city treasurer, and deputy city treasurer are authorized by the City Council to act for the City in any of its business with the depositories. All checks drawn upon an account of the City shall bear the actual or facsimile signature of the city manager and the city treasurer. RESOLUTION NO. 5. that the city manager is Gerald G. Splinter, the city treasurer is Charles R. Hansen, and the deputy city treasurer is Timothy R. Johnson. 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 January 9, 1995 31 City of Brooklyn Center Agenda Item Number // E Request For Council Consideration • Item Description: Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions Department Approval: Gerald lin M G. Splinter, City Manager P � Y g Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions. Summary Explanation: (supporting documentation attached No ) On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The resolution directs the City Manager to place it for readoption on the agenda for the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. • //,5 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS Brooklyn Center voters in 1966 ad it Charter creatin¢ a y e ote s opted a City a Council /Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commission other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers "; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and RESOLUTION NO. WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self- serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the public interest, shall be subject to censure by the City Council. 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. 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. Council Meeting Date 1/9/95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 - N, 69TH AVENUE LANDSCAPING PHASE I Department Approval: Diane Spector, Director f�Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the attached resolution. • summary Explanation: ( PP g su ortin documentation attached No ) The City Council on December 14, 1992 approved plans and specifications and authorized the advertisement for bids for Improvement Project No. 1990 -10, Contract 1992 -N, 69th Avenue Landscaping, Phase I. This project has been completed by Fair's Garden Center. This portion of the 69th Avenue project involved the installation of landscaping, fencing, and irrigation system between Brooklyn Boulevard and West Palmer Lake Drive. T i ' The C Council accepted Fair's bid per Resolution No. 1 93 -56 and a contract u 9 o tract was subsequently uentl City P P � q Y executed. The final value of $217,775.75 includes a Change Order in the amount of $1,790.40 for increased quantities of sod required due to actual field conditions, and a deduct in the contract in the amount of $1,500, since the City chose not to extend a service contract on the irrigation system. The value of the work actually performed is $1,640.60 less than the contract amount. Staff recommends approval of Change Order No. 1, acceptance of the work performed, and authorization of final payment to Fair's Garden Center. NOTE: Improvement Project 1990 -10, 69th Avenue Reconstruction, is composed of numerous project phases and individual contracts. There are two contracts yet to be 'finalled, " Phase II o the landscaping, an f p g, d Phase III of the street reconstruction. Both these contracts cover improvements to the segment between West Palmer Lake Drive and • Shingle Creek Parkway. These projects will be finalled in the spring, on completion of the 'punch lists" of final details and, in the case of the landscaping, when we are assured that the plantings have survived the winter and are acceptable. When those two projects are finalled, we will bring to the Council the final report of the overall cost of the 69th Avenue project. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -N, 69TH AVENUE LANDSCAPING PHASE I WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Fair's Garden Center has satisfactorily completed the following improvement in accordance with said contract: 69TH AVENUE LANDSCAPING, PHASE I IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -N NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1, in the amount of $1,790.40, is hereby approved. 2. The work completed under said contract is accepted and approved according to the following schedule: As Amended Per Approved As Bid Change Orders Final Amount Original contract $217,627.95 $219,418.35 $217,777.75 3. The actual value of work performed is $1,640.60 less than the original contract value plus approved change orders, due to the City's choice not to extend a service contract on the irrigation system installed by contract and a minor overestimation of quantities. 4. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under contract shall be $217,777.75. 5. The project costs and revenues for Improvement Project No. 1990 -10, Contract 1992 -N, 69th Avenue Landscaping, Phase I are amended as follows: RESOLUTION NO. AS AS PER COSTS ESTABLISHED LOW BID AS FINAL Contract (Landscaping & $339,940.00 $217,627.95 $217,775.75 Irrigation) Contingency 44,340.00 21,762.05 0 Subtotal Construction 339,940.00 239,390.00 217,775.75 Consultant Engineering 66,900.00 66,900.00 39,900.06 Staff Engineering(2 %) 6,798.80 4,787.80 4,355.52 Admin & legal (2 %) 6,798.80 4,787.80 4,355.52 TOTAL PROJECT COST $420,437.60 $315,865.60 $226,486.79 REVENUES Regular State Aid #1496 $42,600.00 $42,600.00 $52,038.00 Local State Aid #2911 377,837.60 273,265.60 226,486.79 TOTAL PROJECT REVENUES $420,437.60 $315,865.60 $226,486.79 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 January 9, 1995 City of Brooklyn Center Agenda Item Number / Request For Council Consideration Item Description: Resolution Expressing Recognition and Appreciation of Julie Eoloff for Her Dedicated Public Service on the Human Rights and Resources Commission 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 Resolution Expressing Recognition and Appreciation of Julie Eoloff for Her Dedicated Public Service on the Human Rights and Resources Commission • Summary Explanation: (supporting documentation attached Yes ) Julie Eoloff has resigned from the Human Rights and Resources Commission effective December 14, 1994 (see attached memorandum from Assistant City Manager Nancy Gohman). The attached resolution recognizes her public service on the Human Rights and Resources Commission. City of Brooklyn Center Memorandum TO: Sharon Knutson, Deputy City Clerk FROM: Nancy Gohman, Assistant City Manag DATE: December 20, 1994 SUBJECT: Resignation - Julie Eoloff, Chairperson, Human Rights and Resources Commission On December 14, 1994 I received a phone call from Julie Eoloff stating she was resigning as chairperson of the human rights and resources commission effective immediately. Julie wanted to extend her thanks and appreciation for allowing her to work on the commission; but due to current time constraints, she could no longer function as a commission member or chairperson of the HRRC. I ask that you accept this as her resignation notice and handle the vacancy as you usually do. If you have any questions regarding uestions re ardin this, please feel free to ask me. cc: HRRC Commission Members Gerald G. Splinter Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JULIE EOLOFF FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION WHEREAS, Julie Eoloff served on the Brooklyn Center Human Rights and Resources Commission from April 22, 1991, through December 14, 1994; and WHEREAS, Julie Eoloff served as Chair of the Brooklyn Center Human Rights and Resources Commission from April 13, 1994, through December 14, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, it is highly appropriate that her 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 Julie Eoloff 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 Meeting Date January 9, 1995 3 City of Brooklyn Center Agenda lu= Numbe Request For Council Consideration is Item Description: Resolution Expressing Recognition and Appreciation of Kathleen Carmody for Her Dedicated Public Service on the Housing Commission Department Approval: S Z" - /�AW,7t�5� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: ' No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Kathleen Carmody for Her Dedicated Public Service on the Housing Commission • Summary Explanation: (supporting documentation attached No ) The attached resolution recognizes Kathleen Carmody for her public service on the Housing Commission. • 1l'q Member introduced the following resolution and i moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATHLEEN CARMODY FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Kathleen Carmody served on the Brooklyn Center Housing Commission from February 22, 1993, through December 31, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and l WHEREAS, her leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, it is highly appropriate that her 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 Kathleen Carmody 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 P � g favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Council Meeting Date January 9. 1995 3 City of Brooklyn Center Agenda Item Number Description: Item Descri p Request For Council Consideration • Resolution Expressing Recognition and Appreciation of Debra Hilstrom for Her Dedicated Public Service on the Planning Commission Department Approval: - �L"J�Om� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: - No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Debra Hilstrom for Her Dedicated Public Service on the Planning Commission Summary Explanation: (supporting documentation attached No ) The attached resolution recognizes Debra Hilstrom for her public service on the Planning Commission. Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Debra Hilstrom served on the Brooklyn Center Planning Commission from February 22, 1993, through December 31, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Planning Commission; and WHEREAS, it is highly appropriate that her 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 Debra Hilstrom is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Deputy Clerk The motion for the a O adoption of the fore ' ' 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 January 9, 1995 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR FIRE DEPARTMENT BREATHING EQUIPMENT REPAIRS Department Approval: Ronald Boman Fire Chief Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Adopt Resolution: AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FUNDING • FOR FIRE DEPARTMENT BREATHING EQUIPMENT REPAIRS. Summary Explanation: (supporting documentation attached NO ) In December 1994 I requested Clarey's Safety Equipment to conduct an Air Flow test on all of our Scott Air Pac's (Fire Department Breathing Equipment), to determine that these breathing units were operating according to factory standards. When I met with their service technician I was informed that 28 of our Air Pac's needed to be updated to meet current NIOSH (National Institute for Occupational Safety and Heath) and MSHA (Mine Safety and Health Administration) standards this would require rebuilding and updating of our breathing equipment. NIOSH, OSHA and MSHA are Federal Government Agencies that set standards regulations for the maintenance operation of breathing equipment used by fire departments. The 28 Scott Air Pac's vary in age from 1979 to 1985 and have required no outside maintenance since they were purchased, except what members of the fire department have performed on them. It was because of the age of the units that I decided to have the air flow checked to make sure our firefighters were receiving the correct amount of air while using the Air Pac's while fighting fire. I met with Clarey's Safety Equipment who sold us the units and received a quote of $500.00 per unit including parts to rebuild each unit so all would comply with current standards. • The rebuilding is critical because these are the Life Line for our firefighters while fighting fires and failure of the unit during firefighting operation could cause the death of a firefighter. J Member introduced the following resolution and moved its adoption: r RESOLUTION NO. RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR FIRE DEPARTMENT BREATHING EQUIPMENT REPAIRS WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget and further rovides the contingency p o appropriation by the Cit g Y Y Council; and WHEREAS, the City Council hereby approves an allocation of $11,000 to update 28 Scott Breathing Pac's to NIOSH /MSHA standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1995 General Fund Budget as follows: Increase the appropriations for the following line item: Fire Department Unit No. 132 Operating Supplies $11,000 Decrease the appropriations for the following line item: Unallocated Department Contingency Account $11,000 Date Mayor ATTEST: Deputy Clerk P 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 1/9/95 3 City of Brooklyn Center Agenda Item rr„_ // K Request For Council Consideration • Item Description: Resolution Declaring the Official Intent of the City of Brooklyn Center, Minnesota, to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City Department Approyal: G. B d Hoffman, Community Development Director Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends approval of Resolution Declaring the Official Intent of the City of Brooklyn Center, Minnesota, to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City. Summary Explanation: (supporting documentation attached No The City is currently in the process of negotiating a development agreement with General Litho to build an 60,000 square foot building in Brooklyn Center. The site of the proposed building is immediately north of the Holiday Inn and is accessed by Parkway Circle (a private road). As part of the development, General Litho would be using tax- exempt industrial revenue bonds. Part of the project includes the purchase of a printing press. In order to include the purchase in the financing, the Council is being asked to declare its intent to approve the issuance of the bond issue. (Note: The bond issue is not an obligation of the City). The resolution is subject to the Council approving the development agreement and the bond issue at a later date. The resolution before you simply allows General Litho to put together an all - inclusive financing package. I will be available to discuss this with you on Monday evening. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF BROOKLYN CENTER, MINNESOTA, TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Tres. Reg. § 1.150 -2 providing that proceeds of tax- exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Brooklyn Center, Minnesota (the "City") has been asked to consider the issuance of tax- exempt small issue private activity bonds to finance an approximate 60,000 square foot manufacturing facility, including certain equipment (the "Project ") for General Litho Services, Inc. (the "Developer "); and WHEREAS, the Developer has indicated that it expects to incur certain expenditures which may be financed temporarily from sources other than the proceeds of tax- exempt private activity bonds and reimbursed from the proceeds of such bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center as follows: The City declares it is a reasonable expectation that expenditures made by the Developer for the Project will be reimbursed from the proceeds of tax- exempt private activity bonds to be issued b the City in an aggregate rin i c al amount of approximately Y h' P P $ 600 000 > (the "Bonds "). Debt service on the Bonds will be paid solely from revenues of the Project pledged to the payment of debt service on the bonds. 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 Daze 01/09/95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION APPROVING SETTLEMENT AGREEMENT AND STIPULATION OF VALUE FOR ONE PROPERTY, IMPROVEMENT PROJECT NO. 1993 -18, MTC PARK AND RIDE Department Approval: r Diane Spector, Dire &o of Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution approving the settlement agreement is attached for Council consideration. • Summary Explanation: (supporting documentation attached No ) The City Attorney's office has negotiated a settlement agreement with the property owners at 4010 - 65th Avenue North, Ivan and Hazel Vetterick, in the amount of $146,000.00. This property is currently in condemnation proceedings. The agreement with the property owners is for greater than the dwelling's appraised value. It is recommended that the Council approve this negotiated settlement. The property owners have stipulated to the condemnation commissioners that they agree to this value and will no longer contest the value. Previous Council Action The Council on March 14, 1994, approved a resolution which provided for the negotiated purchase of real property for projects 1992 -29 and 1993 -18. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. The Council on July 11, 1994, authorized condemnation proceedings for all parcels where the City and the owner had not reached a settlement by October 14, 1994, the date of the quick take. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SETTLEMENT AGREEMENT AND STIPULATION OF VALUE FOR ONE PROPERTY, IMPROVEMENT PROJECT NO. 1993 -18, MTC PARK AND RIDE WHEREAS, by Resolution No. 93 -105 adopted on June 28, 1993, the City Council ordered the construction of a storm water pond in the southwest quadrant of I94 and Brooklyn Boulevard, Improvement Project No. 1992 -29; and WHEREAS, by Resolution 93 -188 adopted on October 25, 1993, the City Council ordered construction of a Park and Ride Facility on behalf of Metropolitan Transit Commission, on the northwest corner of Brooklyn Boulevard and 65th Avenue North; and WHEREAS, by Resolution No. 94 -53 adopted on March 14, 1994, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, by Resolution No. 94 -144 adopted on July 11, 1994, the City Council authorized condemnation proceedings for all properties not acquired by negotiated agreement by October 14, 1994; and WHEREAS, the owners of the property at 4010 - 65th Avenue North have agreed to settle the condemnation proceedings by stipulating to a value which is greater than the amount of the appraisal, and staff recommend the execution of a settlement agreement to that effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The terms of the settlement agreement and stipulation of value are hereby approved. 2. The City Attorney is authorized to execute the settlement agreement. Date Mayor ATTEST: Deputy Clerk , RESOLUTION NO. • The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Council Meeting Date January 9, 1995 City of Brooklyn Center Agenda Item Number Al Request For Council Consideration Item Description: Licenses Department Approval: law Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve following list of licenses. • Summary Explanation: (supporting documentation attached No ) BOWLING ALLEY Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6440 James Circle City Cler AX CMUSTMAS TREE SALES LOT Malmborg's Inc. 5120 N. Lilac Drive City Cler GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Ave. N. Davies Water Equipment Co. 4010 Lakebreeze Ave. N. Duke's Mobil 6501 Humboldt Ave. N. The Howe Company 4821 Xerxes Ave. N. Macmillan Bloedel 4810 N. Lilac Drive Neil's Conoco 1505 69th Ave. N. Northern States Power Co. 4501 68th Ave. N. Osseo - Brooklyn Bus Co. 4435 68th Ave. N. SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. ® Total 6830 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. Bill West's Service Center 2000 57th Ave. N. City Clerk - Request For Council Consideration Page 2 • POOL AND BILLIARDS C.D.L. 1317 Jefferson Hwy. N. Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. City Clerk PUBLIC DANCE Earle Brown Bowl 6440 James Circle City Clerl O- RENTAL DWELLINGS Village Properties Evergreen Park Manor John and Diane Stephens 3824 Burquest Lane Julia Paulson 5315 Knox Ave. N. Jerry and Karen Fobbe 4811 Lakeview Ave. N. Howard and Harriet Oien 3606 58th Ave. N. Larry Pederson 5401 63rd Ave. N. Director of J41*1- Community Development TOBACCO RELATED PRODUCTS Country Store 3600 63rd Ave. N. • Drug Emporium 5900 Shingle Ck. Pkwy. Duke's Mobil 6501 Humboldt Ave. N. Earle Brown Bowl 6440 James Circle F & M Distributors 5951 Earle Brown Drive Neil's Conoco 1505 69th Ave. N. SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. Target 6100 Shingle Ck. Pkwy. Total 6830 Brooklyn Blvd. O j Wes' Amoco 6044 Brooklyn Blvd. `C} City Clerk WL • Council Meeting Date January 9, 1995 3 City of Brooklyn Center Agenda Item Number /3 Description: Item Descri P Request For Council Consideration • Resolution Expressing Recognition and Appreciation of Todd Paulson for His Dedicated Public Service as Mayor and Councilmember Department Approval: A CAM *AU� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: z 4 z No comments to supplement this report C mments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Todd Paulson for His Dedicated Public Service as Mayor and Councilmember • Summary y (supporting documentation attached No ) 13a.� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TODD PAULSON FOR HIS DEDICATED PUBLIC SERVICE AS MAYOR AND COUNCILMEMBER WHEREAS, Todd Paulson served as Council Member from 1989 through 1990 and Mayor from 1991 through 1994; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the City; 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, it is highly appropriate that his services and achievements for the betterment of the City should be permanently recognized and expressed. i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Todd Paulson is hereby presented with this resolution as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of 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 Meeting Date January 9, 1995 3 City of Brooklyn Center Agenda Item Number 3 b Request For Council Consideration • Item Description: Resolution Expressing Recognition and Appreciation of Celia Scott for Her Dedicated Public Service as Councilmember 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 Resolution Expressing Recognition and Appreciation of Celia Scott for Her Dedicated Public Service as Councilmember. • Summary Explanation: (supporting documentation attached No ) • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CELIA SCOTT FOR HER DEDICATED PUBLIC SERVICE AS COUNCILMEMBER WHEREAS, Celia Scott served as a member of the Brooklyn Center City Council from 1978 through 1994; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements for the betterment of the City should be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Celia Scott is hereby presented with this resolution as a visible and lasting expression of gratitude for the leadership and service she has rendered and the benefits she has secured to the citizens of 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 Meeting Date January 9, 1995 3 City of Brooklyn Center Agenda Item Number 13 C - Request For Council Consideration Item Description: Resolution Expressing Recognition and Appreciation of Dave Rosene for His Dedicated Public Service as Councilmember 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 Resolution Expressing Recognition and Appreciation of Dave Rosene for His Dedicated Public Service as Councilmember. • Summary Explanation: (supporting documentation attached No ) /3c Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DAVE ROSENE FOR HIS DEDICATED PUBLIC SERVICE AS COUNCILMEMBER WHEREAS, Dave Rosene served as a member of the Brooklyn Center City Council from 1991 through 1994; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the City; 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, it is highly appropriate that his services and achievements for the betterment of the City should be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Dave Rosene is hereby presented with this resolution as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of 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 Meeting Date January 9, 1995 3 City of Brooklyn Center A Item Nu<nner 4 a l Request For Council Consideration • Item Description: Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem Department Approval: ti�12 rl Sharon Knutson, Deputy City Clerk n Manager's Review /Recommendation: 0 e No comments to supplement this report Comments below /attached Recommended City Council Action: Select Mayor pro tem and Acting Mayor pro tem. Summary Explanation: . (supporting documentation attached Yes ) • Section 2.06 of the City harter requires the Council to choose from its members a resident pro tem Y q P P who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. Also at its November 23, 1992, City Council meeting, the Council passed Resolution No. 92 -262 Establishing and Designating an Acting President Pro Tem of the City Council. The resolution states the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of councilmembers by seniority. Barb Kalligher (elected November 3, 1992, with 6,935 votes) Kristen Mann (elected November 3, 1992, with 6,775 votes) Debra Hilstrom (elected November 8, 1994, with 5,193 votes) Kathleen Carmody (elected November 8, 1994, with 4,201 votes) • Member Dave Rosene introduced the following resolution and moved its adoption: D RESOLUTION NO. 92 -262 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tern may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall • preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 N � Date Todd Paulson, Mayor ATTEST: 9 1 — tt L . Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Council Meeting Date January 9. 1995 3 City of Brooklyn Center Agenda Item !Number 13.E Request For Council Consideration Item Description: Designate Council Liaisons to City Advisory Adviso Commissions Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Discuss designation of Council liaisons to City advisory commissions, boards and committees, AMM, NMMA, and LMC. • Summary Explanation: (supporting documentation attached No ) The enabling City resolutions for the Financial Commission, Housing Commission, Human Rights and Resources Commission, and Park and Recreation Commission require the Mayor or Councilperson- appointee to serve as an ex officio member of the commission, privileged to speak on any matter but without a vote, and to serve as a liaison between the commission and the City Council. Following is a list of the past Council liaisons to City advisory commissions, boards and committees, the AMM (Association of Metropolitan Municipalities), NMMA (North Metro Mayors Association), and LMC (League of Minnesota Cities). Financial Former Councilmember Dave Rosene Housing Councilmember Barb Kalligher Human Rights and Resources Former Councilmember Dave Rosene Park and Recreation Councilmember Kristen Mann Crime Prevention Former Councilmember Celia Scott Drug Task Force Former Councilmember Celia Scott AMM Representative Former Councilmember Celia Scott NMMA Representative Former Mayor Todd Paulson LMC Representative Former Councilmember Celia Scott • Council Meeting Dam Jan. 9, 1995 3 City of Brooklyn Center Agenda Item Number 13 Request For Council Consideration Item Description: AD HOC COMMUNICATIONS TASK FORCE CHAIR AND VICE CHAIR APPOINTMENT PROCESS Department Approval: — A 04Q�� Terri Lee Swanson, communications coordinat Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Direction from the city council to prepare a resolution amending the communications task force's • enabling resolution to allow task force members to select their own chairperson and vice chairperson. Summar (supporting Ex lanation: documentation attached X P Currently, the communications task force enabling resolution states that the chairperson and vice chair be appointed and /or removed by the mayor with majority consent of the city council. It is the feeling of the task force that its members know the commitment and enthusiasm level of its volunteers and as a result, would be better able to decide who would best serve as the committee's chair and vice chair. To date all city commissions elect their own chair and vice chair by majority vote of their members. Thus, this amendment to the communications task force resolution would make this method of selection consistent with city commissions. Communications Task Force Enabling Resolution • RESOLUTION NO. 91 -153 Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's communications efforts as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Communications Task Force of matters relevant to City finances. Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city council from the members of the Task Force. The Vice Chairperson S hall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. r Oualification for Membership At least four members of the Task Force shall be residents of the City of Brooklyn Center while serving on the Task Force, shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in the HUMAN RIGHTS AND RESOURCES ENABLING RESOLUTION Subdivision 3. PURPOSE: The purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public accommodations, public services and education, and full participation in the affairs of this community by assisting the State Department of Human Rights in implementing the Minnesota State Act Against Discrimination and by advising the City Council on long range programs to further improve community relations in the City of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise the City Council on human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. (2) Advise in the development of a Human Relations Program for the City of Brooklyn Center to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programs in the area of civil and human rights. (3) Enlist the cooperation of organizations, individuals and other advisory bodies in the community in an active program directed to promote understanding and equal opportunity and eliminate P tY discrimination and inequities. Advise in the development of a formal rural and informal {4 ) p 0 o mal educational program to assist in the implementation in the Minnesota State Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human problem areas in the community. (5) Advise and assist in the determination of human service needs in the community. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE — REMOVAL: Chairperson The Chairperson shall be elected by majority vote of the Human Rights and Resources Commission membership. The election shall be conducted at the Human Rights and Resources Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly S Human Rights and Resources Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Human Rights and Resources Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to human rights and needs, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Human Rights and Resources Commission of matters relevant to human rights and needs; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to human rights and needs. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. -3- Council Meeting Date January 9, 1995 31 City of Brooklyn Center Agenda Item Number Description: Item Descri P Request For Council Consideration • Mayoral Reappointments of City Advisory Commissioners Whose Terms Have Expired Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Reappoint City advisory commissioners to their respective commissions. Summary Explanation: (supporting documentation attached Y P ( PP g ) Members of City advisory commissions serve staggered two- or three-year terms which expire on Y rY gg Y P December 31 of respective calendar years. On December 31, 1994, the following City advisory commission member terms expired, and each member has indicated he /she would like to be reappointed to his /her respective commission (note Mark Holmes term expired 12/31/93). Also as requested by the City Council at its January 4, 1995, Work Session, an attendance record is included for each commissioner. Financial Commission 1994 Jan. 11 Feb. 15 Mar. 15 May 5 June 16 Sept. 1 Vi Kanatz No No No No No Yes Ned Storla Yes No Yes Yes Yes Yes Housing Commission - 1994 Jan. 18 Feb. 15 Mar. 15 Apr. 19 May 17 Sept. 20 Oct. 18 Dec. 20 Ernie Yes Yes Yes Yes Yes Yes No Yes Erickson • Bob Tones Yes Yes Yes Yes Yes Yes Yes Yes Request For Council Consideration Page 2 • Human Rights and Resources Commission - 1994 Jan. 12 Mar. 9 Apr. 13 May 11 June 8 June 22 July 13 Sept. 14 Oct. 12 Nov. 30 Agatha Yes No Yes No No Yes Yes No No Yes Eckman Sherry Yes No Yes Yes Yes Yes No No No No Maddox Dan No Yes Yes Yes Yes Yes Yes No No No Reiva Park and Recreation Commission - 1994 Feb. 1 Feb. 15 Mar. 15 Apr. 14 May 17 June 22 Sept. 20 Oct. 18 Nov. 15 P Y P Tom Yes Yes Yes No Yes No Yes Yes Yes Shinnick Planning Commission - 1994 Jan. 12 Feb. 16 Mar. 17 Apr. 14 Apr. 28 May 12 June 16 July 28 Oct. 27 Nov. 17 1 Dec. 8 Bob Yes No Yes Yes Yes Yes No Yes No Yes Yes Mickelson Tim Willson Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Dianne Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Reem Mark Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Holmes i Council Meeting Date January 9, 1995 31 City of Brooklyn Center Agenda Item Number /3 N • Item Descri tion: Request For Council Consideration P Mayoral Appointment of Commissioner to the Shingle Creek Watershed and West Mississippi Watershed Commission Department Approval: - allfyt *Vn A & 1Y Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint Director of Public Services Diane Spector as Commissioner and Engineering Technician IV Dave Anderson as Alternate Commissioner to the Shingle Creek Watershed and West Mississippi • Watershed Commission. Summary Explanation: (supporting documentation attached Yes ) At its May 23, 1994 meeting, City Council appointed City Engineer Mark Y � g, Y PP Y g Maloney as Commissioner on the Shingle Creek Watershed and West Mississippi Watershed Commission and Director of Public Services Diane Spector as Alternate Commissioner. Since that time, Mark Maloney has resigned from his position as City Engineer, thereby vacating the Commissioner position. At its November 28, 1994, meeting, the City Council directed staff to publish a notice of vacancy to fill the position of Commissioner on the Shingle Creek Watershed and West Mississippi Watershed Commission. Official notice was published in the Brooklyn Center Sun -Post on December 7, 1994, and in the NorthWest News on December 5, 1994, and also posted at City Hall and Community Center for thirty (30) days. The City received two applications for the position of Commissioner, one from Director of Public Services Diane Spector and one from Engineering Technician IV Dave Anderson. Ms. Spector has indicated if she is appointed as Commissioner, she would resign as Alternate Commissioner, thereby vacating that position. Mr. Anderson could then be appointed to the Alternate Commissioner position. No other inquiries were received regarding the Watershed Commission. . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING COMMISSIONERS TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BE IT RESOLVED by the City Council of the City of Brooklyn Center that Diane Spector is hereby appointed as Commissioner and Dave Anderson is hereby appointed as Alternate Commissioner representing the City of Brooklyn Center on the Shingle Creek Watershed Management Commission for the term February 1, 1995, through January 31, 1997. 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. 13Na Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING COMMISSIONERS TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BE IT RESOLVED by the City Council of the City of Brooklyn Center that Diane Spector is hereby appointed as Commissioner and Dave Anderson is hereby appointed as Alternate Commissioner representing the City of Brooklyn Center on the West Mississippi Watershed Management Commission for the term February 1, 1995, through January 31, 1997. 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 1 -9 -95 3 City of Brooklyn Center Agenda Item Number / Description: Item Descri P Request For Council Consideration • Report on 1995 Microcomputer Purchases Department Approval: Gerald G. Splinter, City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: We recommend the City Council adopt a motion approving the purchase of computer equipment as recommended in 1995 budget. Summary Explanation: (supporting documentation attached ) Councilmember Mann has expressed concern about the microcomputers the MIS coordinator has recommended purchasing at this time. This concern is understandable after all the articles in the media about Pentium computers lately. However the information in this summary and the attached memos, will indicate our original recommendation • was a sound one. The concerns expressed by councilmember Mann in her memo dated December 20, 1994 will be answered as listed. 1. The consideration and potential use of "flawed" Pentium based microcomputers. Flawed chins - Intel has reversed itself and will replace P60 pentium chips no questions asked. Even before Intel made its about face, Hewlett Packard guaranteed its customers that they would replace the processors chips if requested. The move by IBM to no longer ship pentium computers has been deemed by the industry as motivated by self interest. The pentium processor is only 8 percent of their line. In addition, IBM has its own processor. They are a competitor of Intel's. Their position was not supported by any other software or hardware manufacturer. Pentium chips generate more heat -The heat issue in the pentiums is also not an issue of concern. All pentium processors run hotter. When the pentium processors were first released this was a problem. In response to the greater heat produced by pentiums, manufacturers installed a second fan that cools the processor directly. This eliminated the heat problem. Microcomputers based on the Intel P60 chip are obsolete - Various industry sources have been checked, such as "InfoWorld ", "PC Week ", "Windows" magazine, vendors and other professionals and none have stated that microcomputers based on the P60 are obsolete. The HP VL2 5/60 selected by the MIS coordinator has the PCI (peripheral component interconnect) architecture which is more important that the processor speed (see Hansen's December 5, 1994 memo and the MIS coordinator's memo dated December 30, 1994 attached). Granted it does not have the latest and fastest pentium chip, but we can't afford computers based on the newer chips without increased • funding. Yes, Intel has developed the P66, P90, and P100. Yes, these developments have made the prices for the P60 go down. However, this does not mean that the P60 is obsolete. When purchasing a computer, the entire machine must be looked at, not just the processor. The December 5 and 30 memos attached talk about the other factors that must be considered. The HP VL2 5/60 computers are not outdated. Request For Council Consideration Page 2 2. Selection of IBM or clone. • Upgrading 286 Computers - The 286 based computers (HP ES /12) computers are five to seven years old. They were the best on the market when they were purchased. Purchase of a computer that will never be obsolete is not possible. Any 286 based computers are not candidates for upgrade. Specifically, most of these computers' parts are incompatible, and the speeds too low for the programs used on the City network. (See memos dated December 30, November 8 and November 2, 1994) IBM Clones - Councilmember Mann is correct when she says all non -IBM machines are clones. The November 2 memo's main point was to highlight that our experience with non -name brand computers has demonstrated that they do not perform over the long term as well as the name brand computers such as Hewlett Packard and Compaq. The non -name brand computers, such as PC Express, that we have purchased have needed far more service. 3. Vendor on -site hardware service agreement. Service should be included as sgparate "line item on bid re guest or RFP - The point of the discussion on service of clone PCs by councilmember Mann refers to the attached memo dated November 2, 1994. The state, county, and LOGIS contracts, we buy under, all deal with service. In the evaluation of bids to LOGIS, price is the only item weighted higher than service. (see memo dated December 30, 1994) The service issue with microcomputers has several considerations. First, with a name brand computer, you can get service from any authorized service provider free of charge during the warranty period. Second, you don't have to worry that they are here today and gone tomorrow. Third, our experience has shown the name brand computers hold up better than the non -brand named clones over the long term. The fact that we still have so many HP ES /12 computers testifies to that. The data in the November 2 memo describes how little service the HP computers have required compared to the clones of the same e. a q P g 4. Proper benchmarks. Pentium flaw makes necessary consideration of other workstation platforms - The MIS coordinator in discussion with the LOGIS staff, other MIS rofessionals manufacturers and vendors is always re-evaluating P a s the uter hardware computer Y P and software selections. Decisions on what hardware and software to purchase are based on what is currently available, within our budget, that is reliable, and will meet our needs. The Data Processing committee with the aid of the development subcommittee put new computers where they are fully utilized. Performance tests - Industry journals and magazines are used to provide the overall benchmarking. Limited staff resources make internal regular performance testing not feasible. The LOGIS MIS coordinators meetings, we believe, provide for economical and valid internal testing. VL bus architecture versus other architectures - The December 5 and 30 memos explain the HP VL2 5/60 computers. The PCI bus a sound choice. The bus of the PC is more critical than the processor. The disk, video, and network I /Os are the real bottlenecks in a PC. The more you can open up these bottlenecks, the better performance you get. The bus is the major reason the HP pentium computers were chosen. For the council's information, Barbara Gallo is the City's Management Information Systems (MIS) Coordinator. Ms. Gallo has eleven years experience in the computer industry. She worked for six years at the University of Minnesota with various computer systems. Ms Gallo spent another year at Honeywell working as a student intern/system analyst. She graduated from the University of Minnesota in 1990 with a Master of Business Administration /Management Information Systems Degree. Ms Gallo is a Novell Certified Netware Engineer. This makes her specially qualified • to operate our local area network (LAN). For almost three years she has lived on a day in and day out basis with the LAN, diagnosing and trouble shooting problems and adapting it to the changing and expanding needs of the City. Barbara is a member of the Network Professionals Association. She has been a member of the Government Information Systems Managers Organization (GISMO) since 1991. She served as president of GISMO for two years and now is a member of the planning committee. City of .Brooklyn Center A great place to start. A great place to stay. • XWMORANDUM Date: December 30, 1994 To: Gerald Splinter, Charlie Hansen From: Barbara Gallo Subject: Kristen Mann's Concerns About the Pentium 60 Mhz Computers I received the memo from councilmember Mann dated December 20, 1994 this past Tuesday, December 27. I understand her concern about purchasing pentium based computers after reading all the articles that have been in the media. However, based on the information provided in this response and the attached memos, I ask you to support the purchasing decisions I with the review of the DP committee make. Still, I will now answer each of councilmember Mann's four points as I understand them. 1. The consideration and potential use of "flawed" Pentium based microcomputers This is a non -issue and was even before Intel stated it would replace P60 pentium chips no questions asked. Before Intel q made its about face Hewlett Packard u aranteed its customers that the would replace e lace th y e processors chi i P P chips f requested. The move by IBM to no longer ship pentium computers has been deemed by the industry as motivated by self interest. The pentium processor is only 8 r Pe P y percent of their line. In addition IBM has its own P rocessor. They are a competitor of Intel's. Their position was not supported by any other software or hardware manufacturer. The heat issue in the pentiums is also not an issue of concern. All pentium processors run hotter. When the pentium processors were first released this was a problem. In response to the greater heat produced by pentiums, manufacturers installed a second fan that cools the processor directly. This eliminated the heat problem. I disagree that the HP VL2 5/60 is an obsolete computer. Granted it does not have the latest and greatest pentium chip, but we can't afford that chip. This HP has the PCI architecture which is more important that the processor speed (see Hansen's December 5, 1994 memo attached). The P90, from journals I have read and professionals I have talked to, has yet to become the standard. It is too expensive and has its own problems. When doing mass calculations of a figure with six digits either side of the decimal, errors can occur. i 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative ActionlEqual Opportunities Employer • A fact of working in the computer industry is that something better will always come along. You can never be up -to -date. Yes, Intel has developed the P66, P90, and P100. Yes, these developments have made the prices for the P60 go down. However, this does not mean that the P60 is obsolete. When purchasing a computer, you have to look at the whole machine, not just the processor. Charlie's attached memo talks about the other factors that must be considered. The HP VL2 5/60 computers are far from being outdated. In regards to the pentium chips, I am going to the source on Tuesday. I have gotten Intel's local representative's name and number. I will talk with him further on the various concerns about the pentium chips. 2. Selection of IBM or clone. We are not caught in a bad situation with the HP ES/ 12 computers. These computers are five to seven years old. They were the best on the market when they were purchased. We have received more than the expected return on investment (ROI) . The ROI expected by MIS professionals on microcomputers is three years. Technology in software and hardware changes to fast to expect more. We have budgeted to spend $2,600 per microcomputer. If you take a staff member with a salary of $25,000 per year, the ROI expected from the new PC would be 3.5 percent a year for the three years. If you look at the productivity gains to a staff member by having a computer, I believe you can agree it is more than 3.5 percent of his or her salary. I am not saying that the PC will not be useable beyond the three ears, I am saying that it Y Y g will have paid for itself by then, several times over. If you or the council expect to purchase PCs that will never be obsolete, that will not happen. The HP ES /12 computers are not candidates for upgrade nor is any 286 PC. They are too old in the world of computers. Specificaly, most of these computers' parts are incompatible, and the processing speeds too low for the programs used on the City network. To discuss, upgrading computers over five years old, is not a productive venture: 3. Vendor on -site hardware service agreement. The int of the discu i po ss on.on service of clone PCs b councilinember Mann refers to m Y Y attached memo to both of ou dated November 2 1994. The state county, LOGIS Y ty� contracts, we buy under, all `deal with service. The main contract I buy PC hardware from is the LOGIS OG S contract.. We, the LOGIS .consortium, value service of hardware highly. In the evaluation of bids, price is the only item weighted higher than service. Satisfactory service is required or the contract is cancelled. However, the contract only runs for one Y ear. After the contract has expired, you have a limited amount of actions you can take. My point regarding service is multi- faceted. First, if you buy a name brand computer, you can get service from any authorized service provider free of charge during the warranty • Period. This means if one vendor is too busy to come when you need them or closes its doors, you can call another. Second, you don't have to worry that they are hear today and gone tomorrow. Hewlett Packard, IBM, Compaq, etc will be here for the long term. That can not be said for non -name brand computers like PC Express or PC Tailors (which has declared bankruptcy). Third, the name brand computers hold up better than the cheaper clones over the long term. The fact that we still have so many HP ES /12 computers testifies to that. The data, I provided in the November 2 memo, spoke of how little service the HP computers have required compared to the clones of the same age. 4. Proper benchmarks. I do not believe the City is buying PCs that have more "horsepower" than needed. The DP committee with the aid of the development subcommittee put the new computers where they are fully utilized. Next, in the area of benchmarking, I utilize the industry journals and magazines to do that for the City. Finally, Charlie's memo to councilmember Mann dated December 5, 1994 explains why we selected the HP VL2 5/60 computers. The PCI bus is the best bus you can buy today. The bus of the PC is more critical than the processor. The disk, video, and network I/O are the real bottlenecks in a PC. The more you can open up these bottlenecks, the better performance you get. That is the major reason I chose the HP pentium computers that I did. I believe I have answered all the concerns expressed in the memo from councilmember Mann. If you need more information let me know, I'll be glad to assist you in this area as needed. Memorandum DATE: December 20, 1994 TO: Gerald Splinter and Charlie Hanson FROM: Kristen Mann RE: 1995 Data sin Budget g udg t Request for Microcomputers CC: Current Council, and Council Elect This memo is in response to our recent discussion at a budget work session, of the cities' planned acquisition of microcomputers. After consulting with industry sources, I believe our decision includes several elements. They are: 1. The consideration and potential use of 'flawed' Pentium based microcomputers 11. Selection of product - IBM or clone Ill. Consideration of vendor's on -site hardware service agreement • IV. Proper benchmarks that will accurately rank the possible purchase choices 1. The city has proposed the purchase of Pentium based microcomputers. It has come to light, that there are fundamental flaws built into Intel Pentium processors, IBM has said that the average spreadsheet user will have a Pentium caused error as often as every 24 days (see attachment). In fact the only way to check for these type of errors is to use a 486 based computer! IBM has discontinued Pentium system shipments. Other major vendors (Compaq, HP, etc.) are also modifying their product lineup. So it is prudent that we proceed with caution before making a commitment to this product. There are several classes of Pentium processors, the first was the Pentium 60 (P60). This device consumes much more power then the later models and therefore generates more heat. Heat is the problem in most microcomputer failures, and this is the reason that production is being ceased on the P60 and the prices for it are falling. You could say that the P60 is being `dumped' by the vendors. Later models are P66, P90, and P 100. The P90 is the current industry standard Pentium processor. Intel has targeted the P90 at heavy usage applications such as CAD /CAiM and file servers. It is also important to note that the 486 DX4 /100 is a `low volume specialty device' per Intel, and was designed chiefly for the laptop environment. • II. We don't want to be caught in the same situation that we are now, with machines that are expensive and difficult to upgrade as in the case of our Hewlett Packard ES /12's. So the choice must be made with a product that is forward looking and not likely to become a • problem at a later time. Since it is IBM that designed the PC standard, all other vendor's microcomputers are "clones ". Clones can be further subdivided into `on- shore' (domestic) and `off - shore' (foreign), with the latter being more affordable. It is interesting to note that many major `on- shore' manufactured microcomputers use `off - shore' manufactured motherboards and other parts. M. In the Memo dated Nov. 2, 1994, the repair of the city's computers seems to be a major concern. The servicing issue is important and should be included as a separate `line item' on the bid request or RFP. Such a service requirement should have a minimum response time, and `performance milestones' for any installation or other custom work to be performed, with built in penalties for non - performance. IV. The Pentium flaw, makes necessary the consideration of other possibilities as the city's standard workstation platform. The current industry standard for workstations is the 486 DX2 -66. These machines typically have a VL bus with 256K cache as standard equipment. Since workstations are used chiefly for word - processing, and spreadsheet applications, we must be careful not to overbuy computer 'horsepower' that will never be used. The performance tests that were employed are a good idea. Perhaps we can expand on this idea and include benchmarks that would test for more than program loading times. While disk I/O is important, the other aspects of processor speed and actual throughput • should be tested on a broader range of microcomputers. Only computers that have current technology VL bus interface slots, and interface cards should be considered. In addition to those already tested, the 486 DX2166 with a Mode 3, IDE 1%7, bus hard drive and 2mh VL bus video controller should be evaluated. If we decide that the Pentium is a viable choice then they should be evaluated in the same way using the same tests. After the results of our tests are known, and we learn more about the situation with the Pentium flaw, we will be in a much better position to judge performance, price and intended application, to get the best value for Brooklyn Center's tax payers. • 2 • Memorandum DATE: December 5, 1994 TO: Kristen Mann FROM: Charlie Hansen RE: Standard PC Configuration for 1995 Purchases CC: Jerry Splinter Recently I wrote you a memo stating that the standard PC configuration proposed for 1995 would be a 486 DX 4/100 MHz computer with 12 MB RAM. Since that memo the MIS coordinator, in light of recent price reductions, has re- evaluated this configuration and is proposing making a 60 MHz Pentium computer with 12 MB RAM the standard configuration. This change was made for several reasons. Pentium prices have decreased faster that other computer prices, making the price differences between 486 computers and Pentiums narrower. • With the price reductions the Pentium computers are now a better buy. The pentiums have a built in 256KB cache which improves the computers read/write capability. The 486 computers do not come with this cache it must be added as an option. They have a PCI high -speed 32 -bit I/O bus and fast -IDE hard disk controller which double the 1/0 capacity of the 486 computers. Being able to retrieve and store data improves performance. The pentiums have a 64 -bit graphics accelerator on the PCI local bus which provides about double the performance of the 486 computers local bus. The Pentiums provide auto configuration of add -on cards. The installer does not have to set the interrupts or worry about conflicts the computers do it for him/her. All these advantages put together will give the users better performance and longer usability than the 486 DX 4/100 MHz computers. Software programs are becoming more memory and graphics intensive. The HP Pentium computers are built to work with these programs and are now at a reasonable price. The cost to purchase a HP VL2 Pentium computer with 12 MB RAM and a 14 inch monitor is $2,584. The cost of a HP VL2 486 DX 4/100 configured is $2,447. MEMORANDUM • TO: Mayor and y Members of the City Council FROM: Gerald G. Splinter, City Manager Charles Hansen, Finance Director cff DATE: November 8, 1994 SUBJECT: Questions Raised at Budget Work Session There were a series of questions raised by the Mayor and City Council Members at the October 17, 1994 work session. The following is a list of those questions and staff's answers to them. 1. What is the breakdown of the budget increase? * A breakdown of revenues can be found on the g reen page number 3. * A breakdown by organizational unit can be found on the tureen page number 5. A breakdown by object classification can be found on the green page number 7. A breakdown by General Fd department can be found on white page number 4. • 2. Are sala ry increases for the City Council in the budget? Yes, the increases approved by the ..City Council are in the Personnel line in the City Council budget on white page 1. 3. What makes up the Contractual Services for $56,150 in the City Council budget? The major items are the following: a. Northwest Cable TV to air City Council meetings. $3,500 b. Secretarial service to produce minutes for City Council meetings. 12,000 C. Cost of joint meeting of City Council & Advisory Commissions X 750 d. Dues: League of Minnesota Cities 13,500 Assoc of Metro Municipalities 6,900 LMC Labor Relations Consulting Service 4,000 U.S. Conference of Mayors 1,850 North Metro Mayors Association 9,000 National League of Cities 1,300 e. Expenses for City Council conferences & schools 3,000 f. Miscellaneous 350 I 4. Where is the money for the joint meeting of City Council & Advisory Commissions? • It is in the City Council budget under contractual services in the amount of $750. 5• Will the Human Rights Commission spend $8,000 in 1995? Yes. As in the past, we plan to contribute $1,000 in 1995 to the Heritage Festival. This leaves $7,000 to be spent on a comprehensive, city -wide cultural diversity training and follow -up sessions. We expect to use outside consultants and agencies such as Northwest Hennepin Human Services Council to do extensive training with our staff including staff from city hall, the police department, Heritage Center, civic center, and maintenance divisions as well as our liquor stores. At the present, no internal staff member is trained in this specialized area of providing diversity training to our work force. Thus, we are looking for outside agencies to help us with this program. 6• What is the cost of converting the City Manager /E.D.A. part-time secretary to full -time? If the position remained part -time at 1,300 hours in 1995, the total cost would be $15,460. If it is converted to full -time, the total cost would be $32,535. Either way, the cost is split 40% City Manager and 60% E.D.A. The net increase is S6,830 for the City Manager and $10,245 for the E.D.A. • The cost increase is driven by the following factors: 1 • Total hours paid increase from 1,300 to 2,080. 2 The hourly pay rate increases from $10.37 to $12.02. 3. Insurance benefits of $3,862 are included. 7. In the City Manager's Capital Outlay budget, why does the fax machine cost $3,900? When the budget was put together in the spring of 1994, we used the state contract purchasing documents to price out a plain -paper fax machine for city hall. As you know, our current fax machine was the machine previously used in the police department. It is a thermal -paper fax machine. The fax machine in the budget is for a plain -paper fax which would eliminate the need to have staff make plain -paper copies on our copy machine of faxes that come across on our thermal fax machine at present. In looking at the current state bid, a plain -paper fax machine costs as follows: Fax Machine $2,416 • Toner 96 Master drum 240 Memory 324 Service 325 Total $3,401 Sales Tax at 6.5 % 221 Total for Plain Paper Fax Machine $3,622 We expect that cost estimates should be slightly lower by approximately $200 after the first of the year based on new state bid and improvements and technology. The plain - paper fax that was quoted is through Metro Sales and is on the current state bid. It has additional memo which will allow us t memory o feed in documents into the memory eliminating unnecessary staff time waiting by the machine to send a fax if lines are busy. We need to purchase a service contract for the machine. When you purchase the new fax machine, it comes with a 90 -day service guarantee. After that time frame a service contract is needed. The price of a service contract is based on the number of faxes in and out of the machine er ear. This fax P Y also comes standard with a printer interface allowing for the future. For or instance, if a computer is installed at the front receptionist desk it could be hooked into the fax machine to be used as a standard printer for that PC. All in all, the fax priced in this memo is a mid -line machine and price for a plain -paper fax with memory. • 8. In the Elections Budget, precincts? Could old our elect et, what is the incremental cost of each precinct? money could be saved b combining P How much P ions be combined with school district elections to share costs? a. The recincts with larger P t ar numbers of voters need more election judges on t to handle he volume. Therefore, costs for larger precincts are higher due to salaries of election judges. b. None. The precincts must be divided so that approximately the same number of voters are in each precinct. Since Senate District 46 encompasses Precinct E, we are bound by having our other precincts approximately the same size. Also, there is not enough room to maintain order if there is excessive numbers of voters for one P recinct. C. State Law governs when school board elections are held. Recently, the uniform election procedures law governed school districts to establish school board elections in the fall of the even- or odd - numbered years. Most school districts are choosing the odd - numbered years. Since the State and our City elections are held in the even - numbered years, it would not be possible to combine elections unless the school districts chose to do so. This year, Independent School District No. 281 has its school board election on the ballot. We are working with the t school district to help defray costs to the City on a per voter basis. 9. How much training is included in the Data Processing budget and what is it for? In the Contractual Services category, $17,260 out of the $26,238 is for training. It is for the following purposes: 1. Training for users of desktop publishing (Pagemaker) software $1,900 2 Training for users of database management software $4,360 3. Training for all city staff to improve skills in using spreadsheet and wordprocessing software. This was started in 1994 with an appropriation of $10,000 and focused on spreadsheets since we purchased an upgrade to Excel that year. The focus in 1995 will be on wordprocessing since it is budgeted to purchase an upgrade to that software. The g oal is to have all City employees trained to a level of proficiency on the software they need to do their jobs by 1996. $11,000 10. Could money be saved in the Data Processing capital outlay budget by purchasing less expensive personal computers and upgrading some older 286 computers to 486s instead of buying all new computers? Everyone keeps telling us that we should try to run the City more like a business. Like business, we are purchasing the latest versions of wordprocessing, spreadsheet, and specialized • software. Current versions of wordprocessing and spreadsheet software don't run well unless the PC is a 486 with 8 megs of ram. Specialized software which we currently have includes ArcView, Hansen Utility Management, Auto Cad, and Pavement Management. LOGIS is acquiring new recreation management and vehicle management software which will do the processing on the PC instead of on the mainframe. Suppliers of LOGIS's financial and payroll software are also coming out with new versions which will do some processing on the PC rather than the mainframe. All of these applications require at least a 486DX66 PC with 12 or 16 megs of ram and extra video ram in order to perform well. Also like a business, we try to instill in our employees the idea that efficiency and productivity are important. That message is lost when the employee is forced to work on an obsolete PC which is slow and frequently is broken down for days on end. The average secretary costs the City about $138 in wages and fringe benefits for each day worked. If you assume that the person's efficiency is cut by 50% on days when the PC is down, then there is a $69 productivity loss for this person each day. Other employees have higher or lower compensation and may be more or less dependant on the PC. In 1990 and 1991, we bought state of the art PCs which were 386s and had a maximum of 4 megs of ram. Today, only 4 years later, these can't be expanded beyond 4 melts and are obsolete. They don't even run the latest wordprocessing software efficiently. It is my • expectation that we will be able to get five ears o ry b y f seice from the PCs we propose to buy. The only enhancement they should need will be to expand the ram, which will be easy to do since they have mother boards with slots for expanding the memory. My fear is that today's economy model PC won't be adequate to handle the wordprocessing software of three years from now. We o g try t b et as much mileage as possible out of our PCs. This is done by purchasing PCs which are at or near state of the art. Today that would be a PC with a Pentium processor. We are proposing 486s, which are a step below that. The powerful new PCs are lac w" g placed with our most knowledgeable users rs and those who run specialized programs requiring P b new P b Cs. After a couple of years, these users again get new ones, and the old PCs are placed within the organization with someone who does primarily wordprocessing. In this way, we are usually able to get five years of service out of a PC before performance becomes too much of an issue. The PCs we are proposing to retire in 1995 are all 8086s or 286s which are 5 to 8 years old and can not run our current programs under Windows. Attached is a memo from Barbara Gallo which gives more detail on the maintenance and performance problems we have experienced. 11. How do we dispose of old PCs and other equipment? • If they are still in running condition, ,the are usually 1y placed in the City's yearly auction in the spring. An old PC may sell for 550 to S150. It is impossible to get any more in view of the fact that a brand new economy model PC will do more and costs about 51,000. In fact we have been debating the wisdom of selling the old PCs at ail. Thev have all had 5 to 8 years of service with us which means they are about to break down if they haven't already. Selling a PC which disappoints the buyer with its poor performance and soon breaks down, does nothing to hel the p City's ima PCs which are broken are sent to a vendor who scraps them for the metals inside. i City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM • Date: November 2, 1994 To: Gerald Splinter and Charlie Hansen From: Barbara A. Gallo Subject: 1995 Data Processing Budget Request for Microcomputers Per Charlie Hansen's request, I have Q , a e pre ared an evaluation and justification of our computer purchases. Charlie informed e that a question as to why we purchase name sonal brand computers such as Hewlett Packard and Coma over PC clone Compaq s has arisen. In addition, it has been suggested that we take the HP ES/ 11 computers and upgrade them to a 486 computer. In this time of tight budgets, it appears that buying new HP or Compaq may be unwise because clone computers are less expensive to buy at the time of purchase and to upgrade would be cheaper than buying new. I believe the following will justify why we are planning to spend about $400 more per computer than a clone. In August 1990 we purchased the first clone computer for the City of Brooklyn Center offices. This computer was assigned to the city assessor. We were concerned about buying vn clones because we did not know if they would be compatible and as reliable as the Hewlett Packard computers we had been buying. This first computer worked well. No compatibility P roblems surfaced. There was a small problem that needed service within the first 6 months. A service technician was out within four hours. We were encouraged by this experiment. Therefore, in 1991 we purchased ten PC Express machines, followed by nine in 1991 and nine more in 1993. Until the beginning of 1993 the service provided by PC Express was good. Startin quality in 1993, the service went from four hours and next day to two or more days. Also the - Y of the components ents do not seem to be as good. Five out of the 9 PC Express machines purchased in 1993, had to have their mother - boards replaced in the first month after delivery. The quality of service to date has not improved. Just recently I waited three weeks for a replacement power supply for a computer. Just today, I received replacement memory for a PC Express computer that I ordered two weeks ago. As a result of having to computer se a with ith defective memory, the user estimates her productivity during that period was down by 40 percent. With the defective memory, her applications did not run properly and often locked up the computer which then has to be rebooted. We do not have PCs I can keep out of use to use as spares. The Hewlett Packard machines have performed better over time. Out of three HP's purchased in 1993, none have had a problem with the CPU and its components. One did need the CTX monitor purchased with the computer replaced within 90 days of purchase. 6301 Shingle Creek Pkuw, Brooklyn Center, MN 50430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer The HP 386 computers we purchased in 1990 and 1991 have not needed repairs for the most Part. As I recall, one out of five PCs needed a new communications board. When service is needed we can call OPM Information Systems and they will have a technician out in half a day. With PC Express we end up waiting days for parts or a technician. This results in the user not being able to do the work needed to be done. It often requires a lot of my time to diagnose the problem, order the parts or request a technician, and to follow up on delays. Since I am the only person the City has to manage the computer operations and provide technical support, my time spent dealing with down computers leaves me less time to work on the many other tasks I am expected to do. The clone alternatives I have looked at are PC Tailors and PC Express. They both offer five Iimited warranties. PC Express and PC Tailors provides on -site service the first year. they both provide carry in service after that period or on -site for a fee. It costs us $100 every time a PC Express technician comes on -site to repair a computer. From our experience with PC Express, it appears that the money saved initially is not really a savings. Over time we loose money because of computer down time, waiting for pans, paying for on -site service or my time to fix the computer. The average savings per computer that I calculated if we purchased a PC Tailors or PC Express machine would be $400. The computer is a 486 DX 2/66 with 12 MB RAM, a network card, 1 MB SVGA video, 14 inch monitor, 326 NIB hard drive minimum and one floppy drive. Multiplying $400 by 11 computers may seem significant, but it isn't when you look at the long term. The life of a computer here at the City is running five -plus years currently. When you purchase a HP or Compaq computer you know you can get service from a variety of vendors. From our experience their computers need less repairs over time. When we need repairs we can be sure they stand behind their product. That means savings because users don't have to suffer long down time. It means savings because my time is not taken up trouble - shooting, following -up, and repairing. When a HP or Compaq computer that is under warranty needs service, I can call any authorized HP or Compaq service center. They can provide service under the terms of the warranty. Buying from a clone dealer means the service options are limited. This limitation can mean the computer is out of service for days or weeks. I strongly believe given our experience with PC Express and my personal experience with PC Tailors that the $400 more we will spend initially will be money well spent. I believe that it would be a mistake to sacrifice quality and experience to save some initial funds. I feel the same for any other clone we might purchase. In regards to upgrading the Hewlett Packard ES /12 computers to 486 computers, I believe we would be disappointed. I met with Joe Oster, the MIS coordinator for the City of Maple Grove. In 1993, he looked into having all their HP ES/ 12 computer upgraded to 486 computers. In fact, he did have one done to see how it would work. Council Meeting Date t(9195 City of f Brooklyn Center Agenda Item Number (3� 1 Request For Council Consideration • Item Description: ANNUAL REPORT FROM ADMINISTRATIVE TRAFFIC COMMITTEE (1994) Department Approval: Diane Spector, Direct of Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A report is provided for review and comment. Summary Explanation: (supporting documentation attached Yes ) • The City's Administrative Traffic Committee meets monthly o discuss requests and complaints from Y q P the public and from City staff regarding traffic safety. This Committee is composed of the City Manager, Director of Public Services, and Chief of Police. The Committee's 1994 activity is summarized in the attached report. The Traffic Committee was established in 1981. There are three primary advantages to the makeup of the Committee and the process it follows: first, it reduces the burden of work on Council members; second, it results in faster decisions by eliminating steps; and third, it promotes coordination and communication among City staff. As the annual report indicates, a significant number of requests or complaints made relate to sight distance problems at corners or are requests for stop signs or for miscellaneous signs. Most of these requests or complaints, if they were to be considered by the Council, would simply be referred to staff for resolution or recommendation. The Traffic Committee eliminates this referral step by immediately acting upon the requests or complaints, making recommendations to the Council where necessary. This process reduces the number of cases which the Council need consider, and increases responsiveness. Lastly, the monthly meetings of the Committee promote cooperation and communication between the affected departments, and facilitate the sharing of information. Decisions are made on the basis of input from all parties. The meetings also serve as a forum for the discussion of related items and i for the sharing of ideas. City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Diane Spector, Director of Public Services Gerald G. Splinter, City Manager Scott Kline, Chief of Police FROM: Sue Rice Engineering Secretary DATE: January 9, 1995 SUBJ: Report of 1994 Committee Activity The Administrative Traffic Committee met monthly in 1994 to consider traffic- related requests and complaints and other related business. The 39 requests and complaints considered were received from Brooklyn Center residents, persons who work in the City, the Brooklyn Center Police Department, and other City staff. Major items approved by the Committee this past year included: ■ On Street Parking Restriction signs were installed on Dupont Avenue North to improve safety near Evergreen School. ■ Continued enforcement of Clear View Triangle violations on an as- complaint -is- received basis. ■ Deaf Child signs were installed in two locations. Summary of Requests /Complaints and Their Resolution Table 1 summarizes the types of requests or complaints considered by the City, and their resolution. The Committee considered 39 "cases" in 1994, compared to 46 "cases" in 1993, and 38 in 1992. However, each "case" may have included more than one request of complaint, so that the total shown on Table 1 may be greater than the number of "cases ". The largest category of requests or complaints in 1994 was regarding the sight distance at intersections. Another item often requested is installation of stop signs on neighborhood streets. To justify installation of a stop sign, an intersection must meet specific requirements called warrants. These include accident history, volume of traffic, and traffic speed. When a request for a stop sign is - made, the Police Department conducts radar surveys, and Engineering compiles an accident survey i 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer and traffic counts. This information is evaluated in light of the warrants. Only one of the requests for stop signs met these warrants. However, in most cases the ATC responded to the request by increasing enforcement where necessary, or by suggesting other solutions. In all cases, the person making the request receives copies of the radar surveys, etc. used to make the decision. Other types of signs often requested are no parking, speed limit, and children at play signs. There has been an overall increase in the number of complaints, both formal and informal, regarding the amount of traffic and the speed of traffic. These complaints are regarding both collector -type streets and neighborhood streets. Other Items Discussion or Reviewed Include: - Several petitions for mid -block street lights were approved. - Radar and other enforcement in "hot spots" such as 69th Avenue, France Avenue, and Humboldt Avenue was monitored. Finally, the monthly meetings have served as a forum for sharing related information. Respectfully submitted, Sue Rice • Engineering Secretary Attachment TABLE 1 1994 ADMINISTRATIVE TRAFFIC COMMITTEE DECISIONS Denied But Alternate Approved Action Taken; Denied :.Pending � PP g Request for Stop Sign 1 4 4 0 Request for No Parking Sign 1 0 0 0 Request for Disability Sign 2 0 0 0 Request for Other Sign 1 0 3 0 Request for Road of ROW 0 0 1 1 Improvements Other Requests /Complaints 0 5 3 1 Sight Distance - Clear View 14 0 0 4 Total 19 9 11 6 I NOTE: The total may be greater than the number of "cases," because a case may have more than one request /complaint. • Camoil Meeting Date 119/95 3 City of Brooklyn Center Agenda Item Number Request For Co uncil Co • Item Description: Resolution Stipulating to Amend Assessment Agreement on Earle Brown Commons Department Approval: i d Hoffman, Community v D6velopment Director Manager's Review/Recommendation: . No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached No • This item will be discussed ' at Monda s City Council meeting. i lax Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION STIPULATING TO AMEND ASSESSMENT AGREEMENT ON EARLE BROWN COMMONS WHEREAS, the Housing and Redevelopment Authority in and for the City of Brooklyn Center (the "HRA ") and Earle Brown Commons Limited Partnership ( "EBCLP I "), entered into an agreement denominated Assessment Agreement fication sor on and Certification of Assessor s September 1, 1986 (the "Assessment Agreement ") and the Assessment Agreement was entered into in relation to a tax increment financing of the redevelopment of certain real property located in the Earle Brown Redevelopment District in the City of Brooklyn Center; and WHEREAS, a dispute has arisen between Earle Brown Limited Partnership II (the successor to EBCLP I) (the "Debtor ") and the City of Brooklyn Center, Minnesota (the "City"); and WHEREAS, the Debtor is the debtor in bankruptcy case no. 4- 94- 41148, now pending in the United States Bankruptcy Court, District of Minnesota (the "Bankruptcy Case "); and WHEREAS, the City and the Debtor have determined that it is in each of their best interests to resolve this dispute amicably in order to avoid the expense of litigation and the uncertainty attendant thereto through entering into the "Stipulation Among the Debtor, the City of Brooklyn Center, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Hennepin County Assessor, Hennepin County, and Independent School District Number 286" dated as of January 4, 1995, and to be filed in the Bankruptcy Case. NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center, Minnesota, as follows: The City declares that it approves that certain "Stipulation Among the Debtor, the City of Brooklyn Center, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Hennepin County Assessor, Hennepin County, and Independent School District Number 286" dated as of January 4, 1995; that the City is authorized to enter into and perform pursuant to its terms; and that the City Manager is authorized to appear and execute such Stipulation and the documents referenced therein on behalf of the City. Date Mayor RESOLUTION NO. 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.