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HomeMy WebLinkAbout1991 12-16 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 16, 1991 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Reports 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: a. November 25, 1991 - Special Session b. December 2, 1991 - Special Session 8. Planning Commission Items: (7:10 p.m.) a. Planning Commission Application No. 91021 submitted by the Brooklyn Center School District requesting site and building plan and special use permit approval to construct a media center addition and an addition with a gymnasium, auditorium and music rooms at the Brooklyn Center Junior- Senior High School, 6500 Humboldt Avenue North -This application was reviewed and recommended for approval by the Planning Commission at its December 5, 1991, meeting. b. Planning Commission Application No. 91022 submitted by the Brooklyn Center School District requesting site and building plan and special use permit approval to construct building additions for classrooms, a media center and a music suite. at the Earle Brown Elementary School, 5900 Humboldt Avenue North. -This application was reviewed and recommended for approval by the Planning Commission at its December 5, 1991, meeting. c. Planning Commission Application No. 91023 submitted by Altra Auto Rental requesting special use permit approval to conduct an auto leasing operation at the Northbrook Plaza in the space addressed as 1912 57th Avenue North -This application was reviewed and recommended for approval by the Planning Commission at its December 5, 1991, meeting. CITY COUNCIL AGENDA -2- December 16, 1991 9. Ordinances: (7:15 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Date of the Official Flood Plain Map -This ordinance amendment was offered for a first reading on November 18, 1991, published in the City's official newspaper on November 27, 1991, and is offered this evening for a second reading. The Planning Commission reviewed and recommended this ordinance amendment for adoption at its November 7, 1991, meeting. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition) -This ordinance amendment was offered for a first reading on June 10, 1991, published in the City's official newspaper on June 19, 1991. A public hearing was held and closed on July 8, 1991, at which time the City Council tabled adoption of the ordinance amendment until the plat establishing the legal descriptions contained in the ordinance had been filed with the County. This plat has been filed, and the ordinance may now be considered for adoption. 10. Discussion Items: a. A Zoning Ordinance Amendment Requiring Minimum Separation between a 24 Hour Commercial Operation and Certain Residential Properties b. A Sign Ordinance Amendment Allowing Certain Tradeoffs between Wall and Freestanding Signs c. An Ordinance Adding Sections 23 -601 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers d. 1992 Pay Plan 11. Resolutions: *a. Establishing Water and Sanitary Sewer Hookup Rates for Calendar Year 1992 *b. Establishing Assessment Rates for Street Improvement Projects in Residential Areas in 1992 c. Regarding Improvements to the Civic Center 1. Resolution Accepting Bid and Awarding Contract for Construction of a Community Center Water Slide, Improvement Project No. 1990 -24, Contract 1991 -R 2. Resolution Accepting Proposal for Remodeling Community Center Concession Stand CITY COUNCIL AGENDA -3- December 16, 1991 3. Resolution Accepting Bid and Awarding Contract for Construction of Code Corrections at Community Center, Improvement Project No. 1991 -22, Contract 1991 -V 4. Resolution Accepting Bid and Awarding Contract for Domestic Water Heater for Civic Center, Improvement Project No. 1991 -25, Contract 1991 -T 5. Resolution Accepting Bid and Awarding Contract for Pool Filter Renovation, Improvement Project No. 1991- 26, Contract 1991 -25, Contract 1991 -U *d. Closing the 1976 Special Assessment Debt Service Fund and Transferring the Remaining Funds to the EDA Fund, the Capital Improvements Fund, the Special Assessment Construction Fund, and the Park Bonds of 1980 Debt Service Fund *e. Establishing a Date for a Public Hearing Regarding the Issuance of the City's Tax Increment Refunding Bonds, Series 1992A *f. Approving Specifications and Authorizing Advertisement for Bids for Delivery of Five (5) Squad Cars - Approved in 1992 police budget. *g. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Compact Cargo Van for Animal Control - Approved in 1992 animal control budget. *h. Accepting Work Performed and Authorizing Payment for Interceptor Sewer Televising/ Cleaning, Improvement Project No. 1991 -24 *i. Accepting Quote for Repair and Service to American LaFrance Fire Truck *12. Licenses 13. Consideration of Specified Liquor Licenses 14. Adjournment ' 74 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BRUUKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 25, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met for a scheduled public hearing on Truth in Taxation, followed by a City Council session, and was called to order by Mayor Todd Paulson at 7:10 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott and Jerry Pedlar. Councilmember Philip Cohen arrived at 7:30 p.m. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, Assistant Finance Director Charlie Hansen, City Assessor Mark Parish, Judith Bergeland, EBHC Manger, Staff Accountant Tim Johnson, and Council Secretary Ann Odden. Councilmember Dave Roscne was absent. OPENING CEREMONIES Mayor Paulson asked those prescnt to observe a moment of silence for persnnnl reflection. PUBLIC HEARING PROPOSED 1992 GENERAL FUND BUDGET Mayor Paulson opened the meeting for the purpose of a Truth in Taxation public hearing on the City's 1992 proposed budget at 7:15 p.m. The Finance Director presented details of the proposed budget for the benefit of the audience, noting the total budget was approximately $11.8 million, which was a 1.1`J'o increase over the 1991 budget. The portion of the budget making up the general fund was $11 million, which was a U.1 decrease compared to 1991. The portion of the budget making up the debt redemption fund was $0.8 million, which was a'20.9% increase compared to 1991. The property tax net levy was proposed to be $4.9 million which was a 7.6% increase over 1991. He indicated taxes were going up even though the budget for most programs was held, because of the loss of Local Government Aids (LGA). There was a 15.75% decrease anticipated in LGAs for 1992. 11/25/91 -1- The Finance Director noted the 1992 City property tax increase for the average home in Brooklyn Ccntcr was estimated to be 4.9 %, or $7.34, • Budget goals included maintaining as many of the current service levels as possible through budget reductions, exploring new revenue sources to replace loss of LGAs and taxing to the levy property tax limit. Key paints of the budget included borrowing funds for capital equipment purchases, eliminating five full -time staff positions, limiting the reforestation program, and providing for salary adjustments through unallocated departmental expenses. Council's proposed changes to the preliminary budget included restoring the canine program, restoring the aquatics supervisor position, eliminating one supervisor of streets and parks maintenance position, restoring mediation services request, reducing Peacemaker tenter request, and reserving funds in the contingency account for a Communications position. Councilmember Cohen questioned whether the Finance Director had discussed whether Brooklyn Center had seen a transfer in commercial value to residential value, as was thy; case in the city of Minneapolis The Finance Director indicated Ile had mentioned this briefly prior to Councilmember Cohen's arrival. Following the Finance Director's presentation, Mayor Paulson inquired if there was anyone present who wished to address the Council. The City Manager noted written comments had been received from the following persons and requested they become part of the official record: Dclphine Heath, 5643 Knox Avenue No.; William St. Germaine, 5907 Aldrich Avenue No.; Doug & Karen Lauen; The Early Childhood Family Education Center at 5900 Humboldt Avenue No.; Karri K. Hermanson; and Jeff Lingle. Following the noting of the Ietters for the record, public Input began at 7;50 p.m. Chuck Lemke, 7007 Irving Avenue, felt the services residents received for approximately $13 per month were a good value He was pleased with the quality of the community, and fclt it was well - maintained. He questioned whether the Financial Task Force, which had been recomme the r vi us ear, had ver been formed and if so what had been the result. c o e I� Y a Mayor Paulson responded the Financial Task Force, initiated by Coil ncilmember Pedlar, who acted as the liaison had indeed been formed, and had been active during the year, There wcre a number of Commission members present in the audience, and Councilmember Pedlar introduced them to the audience. 11/75/91 - 2 - Chairperson Dennis Kelly indicated it was the goal of the Task Force to prepare a priority list for the Council's review and hoped to complete this process by February, 1992. Tlic Task Force felt the City's budget- setting process was well - organized and its present financial position was good. They wished to explore further the City's use of fund balances, and reserve funds, and felt this was a potential area of concern. They felt a comprehensive financial manaemcnt plan was needed, and hoped to complete evaluations in time to influence the budgct-setting process for the nest year. Mayor Paulson thanked Mr. Kelly for his report and Councilmember Scott suggested a joint workshop between the Task Force and the Council be scheduled at a future date, Councilmember Cohen asked Mr. Kelly for further comment in regard to the City's use of reserve funds, and to explain why he felt this was a dangerous pitfall. Mr. Kelly commented that the fcw instances where the Task Force had noted use of reserve funds, there appeared to be sound reason for its use, but they wanted to make this point to ensure this did not become an increasing trend in the future. Henrietta Krip, 3106 O'Henry Road, was an advocate for the domestic abuse program, and urged the Councilmembers to consider restoring funding. She felt the program was very worthwhile and saved the police department time in such cases. She was aware that the Council had proposed continuing; the program on a more limited basis, and through contracting for the work. She felt the program would suffer a decrease in effectiveness if this took place, as she did not believe an outside group could perform the work as effectively as residents. Mary Magnuson, supervisor of Hennepin County Family and Children Seivices, was present and also supported continuing the present domestic abuse program, which she felt was very effective. She felt the program was unique and something in which the City should take pride. Councilmember Cohen questioned whether or not the Hennepin County program worked in conjunction with other counties. Ms. Magnuson indicated that while they worked with other counties, they did not specifically perform services for other counties. Nancy indicated she was a victim of domestic abuse who had been helped by the program. Polly was also a victim of abuse who had benefitted from the existing pro6iam. Both advocated the program be continued in its present status. Mary Griffith, supervisor for abuse at the Hennepin County Family Court Services indicated Vie cities of Brooklyn Center and Brooklyn Park were high on her priority list bm;au5e Of the high incidence of violence per capita. She indicated she had observed the program currently in use, and it was well- respected. She felt the City would have a difficult time contracting the work as effectively. r 11/25/91 -3- John Braun, director of The Counseling Clinic, indicated he worked with male perpetrators • of violence. The program was seven years old, and he felt it was very good. The program did not financially benefit the clinic for which he worked to any great extent, but he felt the service provided was invaluable. He urged continuation of the current program for domestic abuse. Mayor Paulson thanked the proponents of the existing program for their comments, and noted there was no disagreement that a domestic abuse program was needed amd was a high priority. He felt it was a good program with great volunteers, which saved dollars and lives. In regard to the hudget, he indicated the Council was not trying to make the program less effective, but was trying to determine the best way to achieve a cost- effective solution. Ulysses Boyd, 4807 Azelia Avenue, and a member of the Financial Task Force, felt the City should continue to offer as many services as possible to residents. He felt citizens should be willing to pay for a good quality of life. He felt no cuts should he made, staff positions should not be reduced, and more public safety officers should be added. He suggested increasing every resident's property tax by $1.50 to provide the funding for this. He felt this would not unduly burden any one person and would be an equitable approach. Dan Remiarz, 6201 June Avenue, questioned the budgetary increase for professional services. The City Manager indicated that category provided for contracted legal services of various types, which was not considered a discretionary item. He offered to provide Mr. Rameras with a listing of the services provided and the fees for each. Mrs. Marie Nyquist, questioned why the budget included a proposal to cut certain staff positions and fund new ones. In particular, she questioned funding set aside for a Communications position in 1992. She also objected to cutting the domestic abuse program. Councilmember Pedlar responded that the funding set aside for the possibility of adding a Communications position had been placed in the contingency fund, and was therefore nut competing directly against other staff jobs or the domestic abuse program. The dollars allocated were for necessary equipment, and not just salary. Councilmember Cohen indicated it was difficult to weigh the worth of one staff position directly against another. The communication issue had been an outgrowth of a communication audit performed by the City. The Communication Commission wits due to review the matter and provide a recommendation on the matter. Councilmember Scott concurred with the remarks of Councilmember Cohen. Pat Boran, 7001 Dallas Road, and a member of the Financial Task Force, was impressed with the staff report on the budget, and felt the continued involvement of the Task Forcc would be helpful to the City in years to conic. 11/25/91 -4- Mr. Boyd spoke again to request Council consideration of his suggestion that $1.50 be added to each property tax bill to fund services. He questioned what could be uca)iLiplishcd with that amount. The City Manager indicated while that amount would fund a great deal, unfortunately, the City was not in a position to consider such an increase. He explained the State Legislature regulated levy limits, and the City was not allowed to tax beyond that amount. Ron Christianson, 6101 June Avenue, and a Financial Task Force member, urged the Council to adopt the budget as presented. He felt it represented a compromise betwccn retaining services and cutting services. RE CESS The Brooklyn Center City Council recessed at 8:35 p.m. and reconvened at 8:55 p.m. Following the recess, there were no other members of the public who wished to address the Council, and the Council agreed to discuss the budget, but to leave the public hearing open until deliberations were finished. In regard to the domestic abuse program, Councilmember Cohen commented if the budget as proposed were adopted, the program would see a gap in service until the colitractual services could become functional. He felt it was important to have a program that worked • well, and felt cooperation and collaboration with programs in other communities might be the most cost - effective way to accomplish this. He felt tying together housing and human service issues should be considered. Because the City program appeared to be working well, he felt jointly funding the prograin ill cooperation with other communities might benefit all concerned. He noted if the program was kept exactly as it was, it would likely grow and require additional funding each year, which the City was not in a position to provide. He felt it was important to explore long- term options for continuing the best program possible. Councilmember Cohen suggested the Council consider continuing funding for the current program for sic months, and using that time to study the issue, attempt to get Q00peration with other communities, and actively pursue additional funding, including cooperative funding and grants, to make a smooth transition. He felt this was a reasonable way to balance the fiscal side of the issue with human responsibility. Councilmember Pedlar concurred that this was a sound suggestion. He requested information be gathered on the service levels of the current program versus tlic proposed contractual program. n ram. 11 591 -5- In regard to the issue of whether a contractual program could offer the same services as the existing program, the City Manager indicated expectations could be clearly stutcd and goals listed which would need to be accomplished to ensure that service levels would not suffer if that option were chosen. - Councilmember Cohen questioned the financial impact on the budget of continuing the present program for slag months. The City Manager indicated the crust would be approximately $17,09U. Councilmember Cohen suggested advocates of the program who had spoken at the meeting now had an opportunity to become involved in exploring funding and helping to achieve a long -term solution. Councilmember Scott suggested information be gathered on the response time of the current domestic abuse program versus a contractual one. She felt this was a crucial fact01'. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to continue the current domestic abuse program for six months, and fund $17,000 as recommended by staff for the purpose of developing an additional source of funding and /or make the decision to use contractual services, with a staff report to be submitted by March 1, 1992. The motion passed unanimously. Councilmember Pedlar addressed the issue of potential reorganization of the police department, as the Police Chief was scheduled to retire mid -year. He suggested any reorganization take place at that time. The Councilmembers concurred with this suggestion. Mayor Paulson questioned the status of unallocated expenses, and the City Manager responded those were scheduled to be reviewed at the December 16, 1991, Council meeting. He felt that staff would have an estimate by early December. Mayor Paulson questioned what changes the Council could make to unallocated expenses after the budget was adopted. The City MManager responded the Council would have total access. _RESOLUTION NO. 91 -269 Mcniticr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1992 BUDGET i APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 11125/91 - 6 - RESOLUTION NO, 91 -270 Member Philip Cohen introduced the following resolution (as amended) and moved its adoption: RESOLUTION TO ADOPT THE 1992 FINAL BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing at 9:20 p.m. The Councilmembers discussed the schedule of the meeting pianned for the first week of December. There was a motion by Councilmember Cohen and seconded by Councilmember Scott changing the meeting of the Brooklyn Center City Council from Wednesday, Dcceiuber 4, 1991, to Monday, December 2 1991. The motion passed unanimously. Councilmember Pedlar abstained. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Scott to • adjourn the meeting, The motion passed unanimously. The, Brooklyn Ccnter City Council adjourned at 9:21 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Ann J. Oddcn Northern Counties Secretarial Service 11/25/91 - 7 - l MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITE' OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 2, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7;01 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Philip Cohen. Also present were City Manager Cicrald Splinter, Director of Planning and Inspection Ron Warren, City Attorney Charlie LcFevere, and Council Secretary Peggy McNabb. Councilmember Jerry Pedlar was absent from the meeting. OPENING CEREMONIES Thu Cuuiwil nic,ubers and staff observed a few moments of silcncc and self - reflection. OPEN FORUM Mayor Paulson noted the Council had not received any 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. COUNCIL REPORTS EARLE BROWN ELEMENTARY SCHOOL -- MINNESOTA SCHOOL OF EXCELLENCE Councilmember Cohen advised the Cnnncil the Earle Brown Elenientaty School had recently bccn honored with a Minnesota School of Excellence Award and recommended the City Council present a resolution to the school acknowledging the award. There was a motion by Councilmembcr Cohen and seconded by. Councilmember Rosene directing staff to draft a resolution acknowledging Earle Brown Elementary School as recipient of a Minnesota School of Excellence Award. The motion passed unanimously. 12/2191 - 1 - APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilm em. hers requested any items he removed from the consent agenda. No requests were made. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the agenda and consent agenda. The motion passed unanimously, APPROVAL OF MINUTES NOVEMBER 1 1991 - BUDGET WORK SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the minutes of November 13, 1991, budget work session as printed, The motion passed unanimously; the Mayor abstained. NOVENNIBER 14. 1991 - REGULAR SESSION There was a motion by CUuncilmember Scott and swonded by Councilmember Rusenc to approve the minutes of November 18, 1991, regular session as printed. The motion passed unanimously, RESOLUTIONS RESOLUTION NO, 91 -271 Membcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL CASTS AND CLOSING THE PROJECT FOR DELIVERY OF A TELEPHONE SYSTEM FOR THE BROOKLYN C;EN"1'FJ✓ Uj'l'Y HALL AND THE EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously, RESOLUTION NO. 91 -272 Member Celia Scott introduced the following resolution and moved its adoption: RESOLU'T'ION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously, 12/2/91 -2- RESOLUTION NO, 91 -273 ;'ySenlbQF Cclia Scott introduced the following re,ohjtion and movcd its adoption: RESOLUTION APPROVING PURCHASE OF A LASERJET PRINTER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -274 Membcr Cclia Scott introduced the following resolution and movcd its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIUN, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469,001 THROUGH 469.001 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. FINAL PLAT APPROVAL - LARRY ADD N There was a motion by Councilmember Scott and seconded by Councilmcmbcr Rosene to approve the final plat of the Larry Addition. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list of licenses: RENTAL DWELLINGS Initial; Dennis and Dorene Dvorak 3008 - 64th Avenue N SPECIAL FOOD HANDLING ESTABLISHMENT Bizmart 5951 Earle Brown Drive; The motion passed unanimously. 12/2/91 J2/91 3 - ORDINANCES AN ORDINANCE ,ANMENOING CHAPTER 35 OP THE CITY ORDINANCES TO REQUIRE M NIMLIM SEPARATION BET" EEN A 24 -HOUR COMMERCIAL OPERATION AND R1, RZ OR R3 ZONTED PROPERTY The City Klanagcr presented An Ordinance Amending Chapter 35 of the City Ordinances to Require Minimum Separation between a 24 -Hour Commercial Operation and Rl, R2 or R3 Zoned Property for a first reading. The ordinance amendment was reviewed and recommended by the Planning Commission at its November 7, 1991, meeting, The amendment was drafted in response to Councilmember Scott's recommendation to establish some restrictions to address the negative impact of things such as noise, light glare, and traffic created when such 24 -hour commercial operations are in close proximity to residential areas, The Director of Planning and Inspection reviewed the zoning ordinance amendment which would restrict some late -night and early- morning operations within Brooklyn Center by prohibiting service, entertainment, or retail sales operations located in a C2 zoning district from being open to the general public between the hours of 11 p.m. and b a.m. if located closer than 200' from any R1, R2 or R3 zoned district, He advised the Council medical emergency services are proposed to be exempt from the amendment, and recommended the Council also consider exempting abutment with institutional -type uses located in these zones such as schools, churches, parks and other open spaces. The Director of Planning and Inspection pointed out to the Council this amendment would affect several cxistin businesses but would not prohibit them from continuing to v eras tr, , g P b P as they would be brandfathered in as nonconforming uses. The amendment would affect all new businesses aS well as existing businesses desiring to extend hours of operation into the restricted time period if they are within 200 feet of R1, R2 or R3 zoned property. He then reviewed several of the business areas that would be affected. Councilmember Cohen expressed concern about adopting an ordinance amendment that would significantly increase the number of nonconforming uses and asked if the Planniq Commission had held a public hearing. The Director of Planning and Inspection indicated the City Council, rather than the Planning Commission, would be required to hold a public hearing on an ordinance amendment. Councilmember Cohen suggested that a public informational meeting be held prior to the second reading of the ordinance amendment in order to obtain Input /comments frurri tlrc community businesses and residents. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene tabling the first reading of An Urdinanw Amending Chapter 35 of the City Ordinance; to Require Minimum Separation between a 24 -hour Commercial Operation and R1, R2 or R3 Zoned Property, and to hold a public informational meeting to discuss the proposed ordinance amendment being proposed by the Planning Commission. 12/2 -4- Councilmember Scott expressed support of the motion, and requested that prior to a public informational meeting, the Uirwor of Planning and Inspection provide the Council with the; number of potential nonconforming uses that operate after 12 midnight. The Council and staff discussed at great length the impact this ordinance amendment would have on the business community, as well as possible ramifications the Council may face with ConSlderiIig Variance applications of new and restructured business operations. The City Attorney discussed the City's authority to grant variances. The City Council does have the authority to grant certain types of variances to nonconforming uses. An example would be the setback variance applications from nonconforming uses the Council has had to consider in the past. A variance to this proposed ordinance amendment, however, would be a use variance; and State law does prohibit city councils from granting use variances. Therefore, the City Council would not have legal authority to grant such variances. fie stated further that when nonconforming uses are created, existing businesses do have a right to continue in operation without submitting a variance application. The City Manager pointed out to the Council the significant number of automobile dcalcrships within 200' of residential properties that would become nonconforming uses as they continue to perform repair services after 11 p.m., and cautioned the Council on adopting an amendment that would create a large number of nonconforming uses because of the additional problems they create. The Council and staff discussed options and ways to specifically address commercial uses with undesirable characteristics such as traffic, noise, lights and odor. It was agreed the amendment dots address those undcsirable characteristics by restricting commercial uses open to the general public. Councilmember Scott reported to the Council that police records indicate over and over again that 24 -hoar operations such as gas stations, restaurants and all -night convenient stores generate a lot of nuisance calls as well as other types of problems that require additional police patrolling, She felt the City Should hold a public hearing to discuss the issue with local residents and business people with a common goal of providing a safe environment for Brooklyn Ccnter residents. She indicated she had spoken with several residents and business owners /operators regarding a specific Brooklyn Center shopping center and was told that several of the late -night business owners /operators had chosen to have earlier closing hours in the evenings in to order to alleviate the problems associated with late -night clientele. The City Manager suggested, and the Council members concurred, that the City Attorney and staff amend the ordinance to narrow the focus of the ordinnancc to minimize the numbers and types of nonconformances prior to the proposed public informational meeting. Councilmember Scott suggested the public informational meeting be scheduled for the end of January or first part of February. 12/2/91 ° 5 - Councilmember Cohen requested the City Attorney to provide the Council with any citations or supreme court decisions that would impact the ordinance amendment. The Mayor raised a discussion on the Council's historical pattern of addressing problem situations as they arise through ordinance amendments. He felt this approach was difficult and time consuming, and has created additional problems as well. He felt it would be beneficial for the Council to explore the possibilities of setting policy and amending the ordinances accordingly. He felt this approach would be a follow- through to the various studies that have already been done. In addition, he felt doing so would be very time effective as it would free up time for the Council to move ahead with other goals rather than spend so much time resolv0ng individual problem situations. It was agreed the Council and City Manager will explore and discuss moving the Council in this direction. There was a motion by Councilmember Cohen and seconded by Councilmember Roselle to amend the motion tabling the first reading of An Ordinance Amending Chapter 35 of the City Ordu,an4z,3 t o ilo quire Minimum Separation botwee a 2d hour Commercial Operation and Rl, R2 or R3 Zoned Property, and directing the City Attorney and staff to amend the ordinance to narrow the focus of the ordinance to minimize the numbers and types of nonconforming businesses in the community, and to then hold a public informational meeting to discuss the Council's goal with the business community, The motion, as amended, passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINAN REGARD THE CITY COUN CIL'S REVIEW UN SITE AND BUILDING PLANS The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the City Council's Review of Site and Building Plans for a first reading, The dm n was re o rdinance a men dment viewed and recommended b c ende Com at its y the Plannin Com s� s November 21, 1991, meeting. The amendment is in response to the City Council's direction to prepare a policy statement which would indicate that the City Council will not review plans which have not bc en reviewed `-arid commented on by the Planning Commission. The ordinance notes that any substanti altered plans not reviewed by the Planning Commission which are offered to the City Council for their consideration shall be referred back to the Planning Commission for review and recommendation. Such a referral shall not count against the time limit the City Council has for making its final determination. The City Manager noted the amendment has been written to include some flexibility in the process, but is restricting in that it removes the Council's option to approve a revised plan by requiring the review and recommendation of the Planning Commission, Councilmember Scott expressed support of the amendment because it does put the burden on the developer to be timely and orderly in submitting site and buildhig plans and proposals. In addition, she felt the ordinance was written well and affirms the responst�ilitics Of the Planning Commission, 12/2/91 -6 - There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the City Council's Review of Site and Building Plans. Councilmember Cohen expressed support of the ordinance and felt it would be very time effective. The Council and staff discussed the time frame of the referral process. The Director of Planning and Inspection explained the Council has 30 days to consider site and building plans. Each time a revised plan is submitted, the 30-day clock will stop. The revised plan will then be placed back on the Planning Commission's agenda as time allows. Once the Planning Commission has had adequate time to review the plans and prepare a report for Council's consideration, the Council once again has 30 days to consider the revised site and building plans, The Council and staff next discussed what the definition of "substantially altered" would be as written in the amendment and how the amendment would address alterations recommended and required by the Council, The City Manager advised it would be up to the Council to decide each time whether the revised plans were in fact considered to be substantially altered. The Council discussed and agreed to revise the amendment by excluding alterations recommended and required by the Council from having to be referred ba ac to the Planning Commission. The Mayor felt by adopting his amended ordinance, the Council would be making a policy g S P decision on its most recent experience with PDQ Food Stores, Inc. He felt the Council may want to retain the option and flexibility to approve alterations. He felt the referral process as written in the amendment would not be time effective when developers are eager, enthusiastic, more willing and easier to work with than the PDQ representatives were, He further recommended changing "shall" to "may" in the second sentence of 1 -e in the ordinance The Council and staff discussed the Mayor's comments. It was agreed the Planning Commission needs to review site and building plans for ordinance compliance. The City Attorney stated "may" would provide the Council more flexibility in addressing; site and building and f �e 7 din lc h ' fans a d elt the langua a of the � r as e should . e b s d o n g p a gu l; a e n the Council s desire in granting such approvals. The majority of the Council preferred "shall ". There was a motion by Councilmember Scott and seconded by Councilmember Rosene to amend the motion to approve for first reading An Ordinance Amending Chapter 35 of tht, City Ordinances Regarding the City Council's Review of Site and Building Plans subject to amending the second sentence. of 1 -e to read "If during City Council consideration of the plans the applicant submits substantially altered plans from those originally submitted and reviewed by the Planning Commission, the Council shall refer the altered plans back to the Planning Commission for review and recommendation, except for alterations or changes requested by th Cite Council The motion, as amended, passed; the Mayor was opposed. 12/2/91 - 7 - AN ORDINANCE AMENDING CHAPTER 24 OF THE CiT'Y ORDINAIti'CFS REGARDINt3 WALL AND FRFFE TAN DING SIGNS 1N THE C2, 1-1 AINTD 1-" ZO NING DI TRICTS The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C'2, I -1 and I -2 Zoning Districts for a first reading. The ordinance amendment is in response to a request from the President of Marquette Bank Broakdale for the Council to consider some modifications to the City's sign ordinance to allow some additional freestanding signery in lieu of wall signory that might be permitted under the current sign ordinance. The City Manager pointed out the ordinance amendment, as discussed by the Council at its November 4 ineeting: 1) decreases the size of permitted wall signery from 30% of the area of the wall supporting it to 15`i, of the area of the wall supporting it; and 2) provides flexibility to possibly allow certain kinds of tradeoffs between wall and freestanding signs by allowing an individual or clustered establishment to be entitled to an extra freestanding identification sign of not more than one -half the height and area of the normally permitted freestanding sign if that establishment agreed to forego all other perrnitted wall signs. The ordinance amendment was reviewed and recommended by the Planning Commission at its November 21, 1991, meeting. Councilmember Scott advised the Council she had obtained some very positive feedback from the business community on this proppsGd amendment. The businesses she spoke with felt this would be a step forward in providing some flexibility and opportunity for some very attractive small signs rather than the large wall signs. The City Manager felt the Council has implied an interest in the design of business signery from a Community aesthetics standpoint, H ty pa t. c suggested drafting an additional ordinance which would offer the businesses an option for the signery tradeoff in exchange for allowing the City to participate and be included in the design and dcvclopment of the signery for the business. The Mayor expressed support for this suggestion. He felt the existing sign ordinance has served the City well for several years. He farther felt this ordinance amendment, as written, is extremely liberal in allowing businesses to go ahead with a freestanding sign in place of a wall sign; the ordinance places no restrictions on freestanding signs. He stated he would be opposed to adopting this ordinance amendment. He stated while it would work well for proposals such as that of the Marquette Bank Brockdale, it may be very detrimental to the community for other businesses to ho ahlo. to go ahead with freestanding signs. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I -1 and I -2 Zoning Districts, 12/2/91 - 8 - Councilmember Rosene expressed support of freestanding signery in exchange for wall signery LInti SuggGSted placing some requirements /restrictions as to the size and aesthetic characteristics of the freestanding signs. The Council members and staff discussed Councilmember Rosene's suggestion and several passible requirements /restrictions on such aspects as size, location, landscaping, permanency, and identifier signs only, rather than sale pricing. The Director of Nanning and Inspection advised the Council requirements /restrictions could be placed on the sizes and other characteristics of signs, however, not on the wording as there have been some court cases regardinng sign ordinances and protected speech. The Council members and staff continued to discuss how to best address the City's sign ordinance, including the desired requirements /restrictions and the Council's desire to participate in the design and development of lousiness signs. The City ;Manager suggested the ordinance amendment be revised to maintain the aspect of trading a wall sign for a freestanding sign, but be much more specific as to requirements/ restrictions can the characteristics and attributes. The City Attorney advised the Council a court would have a problem with a city council wanting to approve community business signs from an aesthetics standpoint. He recommended the Council decide on and incorporate specific standards and restrictions in the City's sign ordinance. The Mayor and Council members agreed with this recommendation, There was a motion by Councilmember Cohen and seconded by Councilmember Scott to withdraw the motion on the table. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott tabling the first reading of An Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I -1 and I -2 Zoning Districts, and directing staff to revise the language in the proposed ordinance amendment that narrows the focus of the ordinance to accomplish the goals of the Council mentioned this evening. The motion passed unanimously. RECES The Brooklyn Center City Council recessed at 9 p.m, and reconvened at 9:18 p.m. 1202/91 - 9 . AN ORDT CREATING Q LAPTER 23 -600 OF THE CITY ORDINANCES RELATING TO PAWN BRQKER .AIND S ECOND -HAND DEALLRS The City :tanager presented An Ordinance Creating Chapter 1 3 -600 of the City Ordinances Relating to Pawn Brokers and Second -Hand Dealers for a first reading; and, at the City Attorney's request, recommended tabling the first reading until December 16, 1991, in order to allow the City Attorney time to research the number of days pawned merchandise needs to be legally held prior to being sold. Following a brief discussion on the business operations of pawn brokers and second -hand dealers, there was a motion by Councilmember Scott and seconded by Councilmember Rosene tabling the first reading of An Ordinance Creating Chapter 23 -600 of the City Ordinances Relating to Pawn Brokers and Secnnd -hand Dealers allowing, the City Attorney time to research the number of days pawned merchandise needs to be legally held prior to being sold. T11C motion passed unanimously. EXECUTIVE SESSION AFTER COUNCIL MEETING The Uity Manager advised the Cfouncil thcrc will be an executive session in (,onference Room A immediately following adjournment of the Economic Development Authority meeting. DISCUSSION ITEM MOTION TO AUTHORIZE ADDITIONAL PURCHASE FROM FIRE DEPARTNIENT CAPITAL QUTLAY ACCOUNT On behalf of the Fire Chief, the City Manager requested authorization to purchase an additional mobile phone for the fire department at a maximum cost of $500. He adr7sed the Council $2,000 had been allocated in the Fire Chiefs 1991 budget for the purchase of two mobile phones. The two mobile phones were purchased through GSA pricing for $900; the additional phone would be purchased from a portion of the balance in that budget allocation. The purchase would allow the Fire Department to have one cellular phone based out of each station as well as one for the Fire Chiefs use. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the Fire C;hict's request to purchase one (1) additional mobile phone for the Fire Department. The motion passed unanimously. 12/2/91 - 10- ADJOURNMENT There was a motion by Cotincilmc. c,:.ott, ;ind seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimouSly. The Brooklyn Center City Council adjourned at 9:22 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Sccretarial Service 12/2/91 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 5, 1991 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:32 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Sander and Ainas had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - NOVEMBER 21 1991 Commissioner Bernards noted a statement by Commissioner Holmes on page 3 and stated that he made a similar remark and would be willing to take responsibility for the remark on page 3. Commissioner Holmes deferred to Commissioner Bernards. Motion by Commissioner Bernards seconded by Commissioner Mann to approve the minutes of the November 21, 1991 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Bernards, Mann and Holmes. Voting against: none. Not voting: Commissioner Johnson. The motion passed. APPLICATION NOS. 91021 AND 91022 (Brooklyn Center School District) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct a media center addition and also an addition with a gym, auditorium and music rooms at the Brooklyn Center Junior - Senior High School at 6500 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91021, attached). He also noted that it would be the West Mississippi Watershed Management Commission rather than the Shingle Creek Watershed Management Commission that would review the drainage plans. Following his review of the high school plans, the Secretary introduced the next item of business, a request for site and building plan and special use permit approval to construct building additions for classrooms, media center and a music suite at the Earle Brown Elementary School at 5900 Humboldt Avenue North. The Secretary reviewed the contents of the staff report for that application as well (see Planning Commission Information Sheet for Application No. 91022, attached). 12 -5 -91 1 Commissioner Holmes asked whether the football field at the high school would require all parking on site. The Secretary answered that the City has not required on -site parking for that kind of event. He stated that he felt that the inside uses within the school should be covered. Chairperson Malecki asked the applicant whether he had anything to add. Mr. John Crump, the architect for both projects, stated that he had nothing to add, but that he had brought colored renderings, of the elevations of the buildings and asked whether the Commission desired to see them. Chairperson Malecki responded in the affirmative. Mr. Crump showed the elevations of the high school additions and noted that the additions to the elementary school would be brick to match the exterior. In response to a question from Commissioner Holmes regarding lighting, Mr. Crump stated that exterior lighting would be addressed for security reasons, but that the site lighting would remain essentially the same. There followed a brief discussion regarding the lighting of the parking lot and sidewalk areas. Commissioner Holmes noted that the sidewalk on the north side of the Earle Brown School would only be 4' wide and wondered whether this was adequate. Mr. Crump explained that the greenstrip was preserved at 15' and that the driveway was 24 He stated that this left a sidewalk that was 6' wide and that the doors inside the building were recessed 4' so that there would be 10' from the curb of the driveway to the door of the building. PUBLIC HEARING (Application Nos 91021 and 91022) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding either application before the Commission. No one spoke. Chairperson Malecki, therefore, called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. Commissioner Bernards brought to the Commission's attention that he may have a conflict of interest in voting on these applications since the school district was his former employer and he still is receiving medical benefits. Commissioner Mann expressed some concern regarding the possibility of simultaneous events at the high school. She asked Mr. Doug Rossi, the superintendent of the school district, if he would object to a condition limiting events in the gym and in the auditorium so that they were not simultaneous. Mr. Rossi responded that it was difficult to commit to something that had not been thought out in advance. He stated that there might be a play 0 12 -5 -91 2 practice going on while there was a basketball game. He stated that seldom, if ever, would there be two major events going on at the same time. The Secretary stated that the parking on the site should be adequate for main events. He stated that he did not know whether a condition was necessary for this kind of operating concern. Mr. Rossi stated that it would not make sense for the school district to overlap events and that they would probably police themselves adequately. Commissioner Holmes asked how many stalls would be lost with the building addition. The Secretary answered approximately 60. Commissioner Holmes asked whether there was any problem with daily use of the parking lot. Mr. Rossi stated that there was lots of space for daily use. The Secretary added that Northwestern Bell formerly used 20 stalls at the high school lot. He added that if student parking became a problem it could be controlled with parking permits. Chairperson Malecki asked the applicant if he had any problems with the conditions. Mr. Crump responded that there would be no problem with the conditions and that they would not object to adding a few trees in the greenstrip at Earle Brown School. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 91021 (Brooklyn Center School District) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 91021, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 12 -5 -91 3 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioner Bernards, for reasons previously stated. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91022 (Brooklyn Center School District ) Motion by Commissioner Mann seconded by Commissioner Johnson to recommend approval of Application No. 91022, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 12 -5 -91 4 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans shall be modified prior to the issuance of permits to provide at least three shade trees not less than 2 1/2" in diameter in the greenstrip along Humboldt Avenue North. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioners Bernards, for reasons stated earlier. The motion passed. APPLICATION NO. 91023 (Altra Auto Rental) The Secretary then introduced the next item of business, a request for special use permit approval to conduct an auto leasing operation at Northbrook Plaza at 1912 57th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91023, attached). Commissioner Johnson asked whether there were any restrictions in City Ordinances regarding overnight parking. The Secretary responded in the negative. He stated that the City only restricted parking on public streets. Commissioner Johnson asked whether there was any problem that the police might have with overnight parking. The Secretary stated that the police could make a check on a regular basis if they had theft problems. Commissioner Bernards asked whether the cars were identified as belonging to 12 -5 -91 5 Altra Auto Rental. An unidentified gentleman representing the applicant responded in the affirmative, noting that there was a sticker on each of the cars. Commissioner Bernards asked regarding dropping off cars and a lock box for keys, etc. Mr. Lampe, the applicant, stated that a drop box could be provided. He stated that most cars are returned before closing time. Commissioner Johnson wondered whether the operation might lead to car theft problems as had been experienced at Brookdale. The unidentified gentleman stated that the problem could be eliminated by letting the customer keep the keys since the rental agency would also have a set of keys for each car. The customer could then return the keys the following day. In response to a question from the Secretary, Mr. Alan Lampe of Altra Auto Rental stated that it was not their purpose to display the cars, just handle the demand for rental cars on a daily basis. He stated that they did not want to disturb other tenants in the shopping center by having displays of cars for sale. PUBLIC HEARING (Application No. 91023 Chairperson Malecki then opened the meeting for a public hearing and noted that there was no one else present to speak regarding the application. She called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91023 ( Altra Auto Rental) Motion by Commissioner Bernards seconded by Commissioner Johnson to recommend approval of Application No. 91023, subject to the following conditions: 1. The total number of rental cars on the site at any one time shall not exceed 15. 2. The special use permit is granted for an auto leasing operation. Any change in the use involving more vehicles, trucks or marine craft shall require approval of an amendment to this special use permit. 3. There shall be no service, repair or maintenance of leased or stored vehicles at this site. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Voting in favor: Chairperson Malecki, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. OTHER BUSINESS 1992 a� 1992 MEETING SCHEDULE 12 -5 -91 6 The Secretary briefly explained that the meeting schedule proposed in the staff memo was related to the City Council's meeting schedule in order to give approximately 11 days time between Planning Commission and City Council meetings. MOTION TO ADOPT 1992 PLANNING COMMISSION MEETING SCHEDULE Motion by Commissioner Johnson seconded by Commissioner Mann to adopt the 1992 Planning Commission meeting schedule. Voting in favor: Chairperson Malecki, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. Commissioner Bernards encouraged the staff to avoid religious holidays of all faiths when setting meeting dates. Chairperson Malecki stated that she would not seek reappointment on the Planning Commission in 1992 and would retire. The staff and the Commission received this news with regret and wished her well. Commissioner Bernards stated that he may not be able to make the January meetings. It should also be noted that Commissioner Johnson has stated that he will be unable to make the January meetings. ADJOURNMENT Motion by Commissioner Holmes seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:43 p.m. Chairperson 12 -5 -91 7 Planning Commission Information Sheet Application No. 91021 Applicant: Brooklyn Center School District (286) Location: 6500 Humboldt Avenue North Request: Site and Building Plan /Special Use Permit Location /Use The Brooklyn Center School District requests site and building plan and special use permit approval to construct two additions to the Brooklyn Center Junior - Senior High School at 6500 Humboldt Avenue North. One addition of 8,835 sq. ft. is to be for a media center in the corner where the north and west wings of the building meet. The second, much larger addition, is to include a practice gym, an auditorium, vocal and instrumental music rooms, a board room and restrooms. This larger addition is to be to the east side of the school. The high school property is zoned R1 and is bounded on the north by a number of three - storey apartment buildings, on the east by Dupont Avenue North, on the south by 65th Avenue North, and on the west by Humboldt Avenue North. Single- family homes, Firehouse Park and the east fire station lie across Dupont and across 65th. Across Humboldt lie Duke's Amoco, North Lyn Apartments, and the Berean Evangelical Free Church. Schools are a special use in the R1 zoning district. Access /Parking No access changes are proposed to the site. The proposed addition to the east side of the building, will reduce available parking by approximately 60 stalls. A total of 383, including eight handicapped stalls, will remain. This number is adequate to meet the demand of the bleachers seating in the gymnasium of 1,050. (The assembly formula is one space per three seats.) Thus, 350 spaces would be needed for the largest capacity facility inside the school. It is important that parking be accommodated on -site as much as possible. On- street parking is not permitted on either 65th or Humboldt Avenues. The new auditorium is to have a seating capacity of 500 seats. It is not anticipated that major events will be going on simultaneously. It is, therefore, expected that proposed parking should be adequate. Concrete delineators are to be installed at the ends of the rows of parking. Landscaping The plan calls for planting six 3 diameter Sugar Maple trees in sodded areas adjacent to the easterly addition. There is to be a large sodded area south of the easterly addition, ringed by broad sidewalks. A total of twelve 4' high Techney Arborvitae shrubs are proposed in two small areas adjacent to the south side of the easterly addition. No other landscaping is proposed. 12 -5 -91 1 Application No. 91021 continued Grading /Drainage /Utilities No grading and utility plan has been submitted as of the writing of this report. The lot is already served by storm sewer and is not being enlarged. The site grading plan is subject to review and approval by the Shingle Creek Watershed Management Commission since the site is over 5 acres. Any action of approval should be subject to this body giving its approval to the drainage plan. In addition, we recommend the standard condition that the grading, drainage, utility and berming plans be subject to review and approval by the City Engineer. Building Additions The exterior treatment of both additions is to be brick to match the existing building as closely as possible. An architectural band along the top of the first floor wall will also be provided to match the existing band. The entire building is to be fire - sprinklered to meet both City ordinance and the State Building Code. Lighting /Trash Lighting and trash have not been addressed on the plans. We presume at this time that no change is proposed. Special Use Standards We believe the proposed additions meet the standards for a special use permit contained in Section 35 -220.2 of the City's Zoning Ordinance. The addition of a new media center, gymnasium and auditorium at the high school will enhance the public welfare. It will not be injurious to other property in the neighborhood nor impede normal and orderly development. Access, egress and parking have been so designed as to minimize traffic congestion in the public streets. Recommendation Altogether, the plans are generally in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 12 -5 -91 2 Application No. 91021 continued 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 1 ' n s as a art of the e storm drainage 1 Pondi g area required p g plan shall be protected by an approved easement. The document shall be easement executed and filed with n Hennepin County prior to the issuance of permits. Submitted by Gary Shallcross Planner Approved by, W Ronald A. Warren Director of Planning and Inspection 12 -5- 91 3 Planning Commission Information Sheet Application No. 91022 Applicant: Brooklyn Center School District Location: 5900 Humboldt Avenue North Request: Site and Building Plan /Special Use Permit Location /Use The Brooklyn Center School District requests site and building plan and special use permit approval to construct three additions to the Earle Brown Elementary School at 5900 Humboldt Avenue North. The proposed additions include two new classrooms at the north end of the west wing of the school, a media center addition and a music suite addition. The school property is zoned R1 and is bounded on the north by 60th Avenue North, on the east by Fremont Avenue North, on the south by 59th Avenue North and on the west by Humboldt Avenue North. Single - family homes lie across 60th and across Fremont. An apartment building and a church lie across 59th. Grandview Park lies across Humboldt. The school is a special use in the R1 zoning district. Access /Parking The main site improvement to the property as part of this building expansion project is the redesign and reconstruction of the main parking lot at 59th and Humboldt. At present there is no boulevard. Concrete planks are placed approximately along the property line with an opening at the north and at the south end. Striping is poor and parking is not well controlled. There is some parking on the area that would normally be boulevard. The plan proposes a single access, 24' in width, off Humboldt and another access off 59th Avenue North. Circulation would be one -way. A 20' wide, one -way drive would pass in front of the main entrance area. The plan not only provides for a boulevard, but also for a 15' wide greenstrip as required by ordinance. The plan also calls for the improvement of a smaller lot at the southeast corner of the building. Both lots will be properly delineated and bounded b B612 curb and utter. The a Y g plan n also proposes to narrow to 24' in width the drop -off driveway on the north side of the site, while maintaining a 15' greenstrip. The plan provides for 70 parking stalls on site. There are 60 at present. The Zoning Ordinance does not contain a parking formula for schools. There are approximately 100 persons employed at the school, not all of which are present at the same time. The proposed building additions will involve the addition of two staff positions. It appears to us that the improvement in parking at the site should accommodate parking demand for normal daily usage. As has been the case in the past, we expect that special events at the school will entail some on- street parking and /or parking at either the park or perhaps the church as the need arises. 12 -5 -91 1 Application No. 91022 continued Landscaping No landscape plantings are proposed with this plan. Sod is to be installed in the boulevard and greenstrip around the new parking lot and in the area at the southeast corner of the building where the music suite addition is to be built. The landscape point system does not address schools. Parking areas of more than six stalls are to be screened from residential areas either across the street or along a property line. In this case, the main parking lot is across from a church and a park. While there may be no need to screen the lot, we would recommend that at least a few shade trees be planted in the greenstrip area. We believe this would be a good investment in the appearance of this entry way to the school. Grading /Drainage /Utilities At the writing of this report, no grading and utility plan has been submitted. The plan simply notes that site grading will remain as existing. Storm sewer is available in 59th and we would expect that the new lot will drain to one or more catch basins to be connected to the City storm sewer system. Because this site is over five acres, its development is subject to review and approval by the Shingle Creek Watershed Management Commission. The grading and utility plan will be reviewed by that body in light of district regulations pertaining to the quality and rate of site drainage. Any action of approval should be subject to Watershed approval of the drainage plans. In addition, we would recommend the standard condition that grading, drainage, utility and berming plans be subject to review and approval by the City Engineer. Building Additions The exterior treatment of the building additions is to be brick to match the existing building as closely as possible. A major improvement apart from the additions is that the entire building is to be fire - sprinklered as required by both City ordinance and the State Building Code. Lighting /Trash Existing building and parking lot lighting are to remain. Trash is not provided for on the plans. The applicant should be questioned as to how trash will be handled. Special Use Standards We believe the proposed improvements to Earle Brown Elementary School meet the standards for special use permits contained in Section 35 -220.2 of the City's Zoning Ordinance. The addition of classrooms, expanded media center and a music suite will enhance the public welfare. It will not be injurious to other property in the neighborhood nor impede normal and orderly development. 12 -5 -91 2 Application No. 91022 continued Access, egress and parking have been so designed as to minimize traffic congestion in the public streets. Recommendation Altogether, the plans are generally in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop 0 mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12 -5 -91 3 Application No. 91022 continued 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans shall be modified prior to the issuance of permits to provide at least three shade trees not less than 2 1/2" in diameter in the greenstrip along Humboldt Avenue North. Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspection 12 -5 -91 4 Planning Commission Information Sheet Application No. 91023 Applicant: Altra Auto Rental Location: 1912 57th Avenue North Request: Special Use Permit The applicant requests special use permit approval to conduct an auto leasing operation in the Northbrook Shopping Center at 1912 57th Avenue North (tenant address). The shopping center property is zoned C2 and is bounded on the east by Logan Avenue North, on the southeast by Acme Typewriter, on the south by 57th Avenue North and on the northwest by Highway 100. Auto leasing operations are a special use in the C2 zoning district. The applicant has submitted two letters describing the proposed auto leasing operation. The operation would be located in the north building at Northbrook Shopping Center between Pilgrim Cleaners and Carpet King in an 800 sq. ft. space. Hours would be from 8:00 a.m. to 5:30 p.m. Monday- Friday and 9:00 a.m. until noon on Saturday. No repairs would be conducted at this location. The first letter from Mr. Alan Lampe describing the operations states there may be a need for 10 to 12 parking spaces and most of the time less than five. The second letter clarifies that cars will not be displayed at this location, only picked up and dropped off. Overnight storage of cars will be occasional and customers may occasionally return cars after hours. Cars are taken to the auction for resale or shipped to car sales lots nationwide. In general, we see no zoning conflicts with the proposed leasing operation. Under the City's Zoning Ordinance, a leasing office is a permitted use, provided there is no sales, display or storage of products at the site of the leasing office. In this case, we have classified the operation as a special use because it appears there will be at least some incidental storage of vehicles. The retail parking requirement for the 800 sq. ft. space to be used is approximately 4.4 spaces. Because of the change in the ordinance formula, there is a slight surplus of spaces at Northbrook Plaza. If the proposed use does not require more than 10 to 12 spaces at any time, there certainly should be no parking problem at the shopping center, but we do not wish to imply that approval of this leasing operation should confer a license to park as many cars as the lot will hold. Other retail businesses must be able to function. The storage function of this operation should be minimal. We would, therefore, recommend a limit on the number of rental vehicles of not more than 15. Recommendation Approval is recommended, subject to at least the following conditions: 1. The total number of rental cars on the site at any one time shall not exceed 15. Application No. 9102 continued pp 3 tYnued 2. The special use permit is granted for an auto leasing operation. Any change in the use involving more vehicles, trucks or marine craft shall require approval of an amendment to this special use permit. 3. There shall be no service s repair air or maintenance of leased or stored vehicles at this site. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. I Submitted by, Gary Shal'l.cross Planner Approved b PP Y. Ronald A. Warren Director of Planning and Inspection 12 -5 -91 2 CITY OF BROOKLYN CENTER Council Meeting Date 12/16/9 Agenda Item Number Fall REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Planning Commission Application No. 91021 - Brooklyn Center School District ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection A p " MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) • Planning Commission Application No. 91021 is a request for site and building plan and special use permit approval submitted by the Brooklyn Center School District to construct two additions to the Brooklyn Center Junior - Senior High School located at 6500 Humboldt Avenue North. Attached for the City Council's review is an excerpt from the minutes of the December 5, 1991 Planning Commission meeting, Planning Commission Information Sheet, map of the area and various drawings of the site and ro osed construction. P P Recommendation This application was considered and approval recommended by the Planning Commission at its December 5, 1991 meeting subject to the eleven conditions listed in the minutes of that meeting. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 5, 1991 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:32 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Sander and Ainas had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - NOVEMBER 21 1991 Commissioner Bernards noted a statement by Commissioner Holmes on page 3 and stated that he made a similar remark and would be willing to take responsibility for the remark on page 3. Commissioner Holmes deferred to Commissioner Bernards. Motion by 0 Commissioner Bernards seconded by Commissioner Mann to approve the minutes of the November 21, 1991 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Bernards, Mann and Holmes. Voting against: none. Not voting: Commissioner Johnson. The motion passed. APPLICATION NOS. 91021 AND 91022 (Brooklyn Center School District) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct a media center addition and also an addition with a gym, auditorium and music rooms at the Brooklyn Center Junior - Senior High School at 6500 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91021, attached). He also noted that it would be the West Mississippi Watershed Management Commission rather than the Shingle Creek Watershed Management Commission that would review the drainage plans. Following his review of the high school plans, the Secretary introduced the next item of business, a request for site and building plan and special use permit approval to construct building additions for classrooms, media center and a music suite at the Earle Brown Elementary School at 5900 Humboldt Avenue North. The Secretary reviewed the contents of the staff report for that application as well (see Planning Commission Information Sheet for Application No. 91022, attached). 12 -5 -91 1 Commissioner Holmes asked whether the football field at the high school would require all parking on site. The Secretary answered that the City has not required on -site parking for that kind of event. He stated that he felt that the inside uses within the school should be covered. Chairperson Malecki asked the applicant whether he had anything to add. Mr. John Crump, the architect for both projects, stated that he had nothing to add, but that he had brought colored renderings of the elevations of the buildings and asked whether the Commission desired to see them. Chairperson Malecki responded in the affirmative. Mr. Crump showed the elevations of the high school additions and noted that the additions to the elementary school would be brick to match the exterior. In response to a question from Commissioner Holmes regarding lighting, Mr. Crump stated that exterior lighting would be addressed for security reasons, but that the site lighting would remain essentially the same. There followed a brief discussion regarding the lighting of the parking lot and sidewalk areas. Commissioner Holmes noted that the sidewalk on the north side of the Earle Brown School would only be 4' wide and wondered whether this was adequate. Mr. Crump explained that the greenstrip was preserved at 15' and that the driveway was 24 He stated that this left a sidewalk that was 6' wide and that the doors inside the building were recessed 4' so that there would be 10' from the curb of the driveway to the door of the building. PUBLIC HEARING (Application Nos. 91021 and 91022) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding either application before the Commission. No one spoke. Chairperson Malecki, therefore, called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. Commissioner Bernards brought to the Commission's attention that he may have a conflict of interest in voting on these applications since the school district was his former employer and he still is receiving medical benefits. Commissioner Mann expressed some concern regarding the possibility of simultaneous events at the high school. She asked Mr. Doug Rossi, the superintendent of the school district, if he would object to a condition limiting events in the gym and in the auditorium so that they were not simultaneous. Mr. Rossi responded that it was difficult to commit to something that had not been thought out in advance. He stated that there might be a play 12 -5 -91 2 practice going on while there was a basketball game. He stated that seldom, if ever, would there be two major events going on at the same time. The Secretary stated that the parking on the site should be adequate for main events. He stated that he did not know whether a condition was necessary for this kind of operating concern. Mr. Rossi stated that it would not make sense for the school district to overlap events and that they would probably police themselves adequately. Commissioner Holmes asked how many stalls would be lost with the building addition. The Secretary answered approximately 60. Commissioner Holmes asked whether there was any problem with daily use of the parking lot. Mr. Rossi stated that there was lots of space for daily use. The Secretary added that Northwestern Bell formerly used 20 stalls at the high school lot. He added that if student parking became a problem it could be controlled with parking permits. Chairperson Malecki asked the applicant if he had any problems with the conditions. Mr. Crump responded that there would be no problem with the conditions and that they would not object to adding a few trees in the greenstrip at Earle Brown School. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91021 (Brooklyn Center School District) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 91021, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 12 -5 -91 3 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioner Bernards, for reasons previously stated. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91022 (Brooklyn Center School District ) Motion by Commissioner Mann seconded by Commissioner Johnson to recommend approval of Application No. 91022, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 12 -5 -91 4 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved b the West Y PP Y Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas p required as a art of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans shall be modified prior to the issuance of permits to provide at least three shade trees not less than 2 1/2" in diameter in the greenstrip along Humboldt Avenue North. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioners Bernards, for reasons stated earlier. The motion passed. APPLICATION NO. 91023 (Altra Auto Rental) The Secretary then introduced the next item of business, a request for special use permit approval to conduct an auto leasing operation at Northbrook Plaza at 1912 57th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91023, attached) . Commissioner Johnson asked whether there were any restrictions in City Ordinances regarding overnight parking. The Secretary responded in the negative. He stated that the City Y onl restricted parking on public streets. Commissioner Johnson asked whether there was any problem that the police might have with overnight parking. The Secretary stated that the police could make a check on a regular basis if they had theft problems. Commissioner Bernards asked whether the cars were identified as belonging to 12 -5 -91 5 Planning Commission Information Sheet Application No. 91021 Applicant: Brooklyn Center School District (286) Location: 6500 Humboldt Avenue North Request: Site and Building Plan /Special Use Permit Location /Use The Brooklyn Center School District requests site and building plan and special use permit approval to construct two additions to the Brooklyn Center Junior - Senior High School at 6500 Humboldt Avenue North. One addition of 8,835 sq. ft. is to be for a media center in the corner where the north and west wings of the building meet. The second, much larger addition, is to include a practice gym, an auditorium, vocal and instrumental music rooms, a board room and restrooms. This larger addition is to be to the east side of the school. The high school property is zoned Ri and is bounded on the north by a number of three - storey apartment buildings, on the east by Dupont Avenue North, on the south by 65th Avenue North, and on the west by Humboldt Avenue North. Single - family homes, Firehouse Park and the east fire station lie across Dupont and across 65th. Across Humboldt lie Duke's Amoco, North Lyn Apartments, and the Berean Evangelical Free Church. Schools are a special use in the R1 zoning district. Access /Parking No access changes are proposed to the site. The proposed addition to the east side of the building, will reduce available parking by approximately 60 stalls. A total of 383, including eight handicapped stalls, will remain. This number is adequate to meet the demand of the bleachers seating in the gymnasium of 1,050. (The assembly formula is one space per three seats.) Thus, 350 spaces would be needed for the largest capacity facility inside the school. It is important that parking be accommodated on -site as much as possible. On- street parking is not permitted on either 65th or Humboldt Avenues. The new auditorium is to have a seating capacity of 500 seats. It is not anticipated that major events will be going on simultaneously. It is, therefore, expected that proposed parking should be adequate. Concrete delineators are to be installed at the ends of the rows of parking. Landscaping The plan calls for planting six 3 diameter Sugar Maple trees in sodded areas adjacent to the easterly addition. There is to be a large sodded area south of the easterly addition, ringed by broad sidewalks. A total of twelve 4' high Techney Arborvitae shrubs are proposed in two small areas adjacent to the south side of the easterly addition. No other landscaping is proposed. 12 -5 -91 1 Application No. 91021 continued Grading /Drainage /Utilities No grading and utility plan has been submitted as of the writing of this report. The lot is already served by storm sewer and is not being enlarged. The site grading plan is subject to review and approval by the Shingle Creek Watershed Management Commission since the site is over 5 acres. Any action of approval should be subject to this body giving its approval to the drainage plan. In addition, we recommend the standard condition that the grading, drainage, utility and berming plans be subject to review and approval by the City Engineer. Building Additions The exterior treatment of both additions is to be brick to match the existing building as closely as possible. An architectural band along the top of the first floor wall will also be provided to match the existing band. The entire building is to be fire - sprinklered to meet both City ordinance and the State Building Code. Lightinq /Trash Lighting and trash have not been addressed on the plans. We presume at this time that no change is proposed. Special Use Standards We believe the proposed additions meet the standards for a special use permit contained in Section 35 -220.2 of the City's Zoning Ordinance. The addition of a new media center, gymnasium and auditorium at the high school will enhance the public welfare. It will not be injurious to other property in the neighborhood nor impede normal and orderly development. Access, egress and parking have been so designed as to minimize traffic congestion in the public streets. Recommendation Altogether, the plans are generally in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 12 -5 -91 2 Application No. 91021 continued 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive o PP f all si ner which is g Y subject t � o Chapter 34 of the City Ordinances. 7. B612 curb and utt er shall be provided around all parking ark n P P g and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. Submitted b / Gary Sha lcross Planner Approved by, - ( .'J Ronald A. Warren Director of Planning and Inspection 12 -5 -91 3 I - L_ Li � —� /, a. EARLS - &{OWN ' i o - tl]_.� O SH INA C REEK P --- IH-111 SUMMIT DR� { ' - l ✓�S cjR J OGAN AVE. N. J JAMES AVE. N. 0 > _ rii - I EARLE OWN DR. JA6fES AVE. N �;�' ^ •N '2110 SYNP o Q IRV +G AVE. N. I NG - J HUME30t AVE ff14uBOLDT AVE._ ` (X %` ♦� l �{ _ , -- '�,�; EGIRaDIVE. J GIRARD AVE. N. - n I ' - o GIRARD AVE. ( F rn Q - 9p I' __ -- 'FREM AVE. N. 9 i� til. I > - W RSON AVE. N �1 Em . EMERSO AVE. J jj z 1 a m EAIER Z __ � ICI , [ N J � I pU PCNT AV E. N. � - ° PD&OT - � A N TT DUPONT _ COLFAX AV 1-.>�� ECOLFA LFAE. N. � CO LF AX �J-1_l -� ( `. o AVE N V N. flfl RM mo" E Tt BRYANT A E ' f TB R � IA N � P YE � -N' v BRYANT > > >�- ALDRICH AVE m Z C FN AVE N CADADEN _DR. > --' 1 CAMIDEN AVE. N. ®� // - -- ••.••..•.•.•••.• � ....•..�.•.•.�...; � ` � 5T AVE. N. � - -- - -- N. z aI - - -_ ----- - - i C s _ - - WE IV �1 T R 1 - -_- _ ��- .........• k, N W - I� ILLOW LA i" .�,,►.. -T` WILLOW A. N. 'i `� `, An M p< y0 - _ - 150759 N89.50A7'W 67TH A - -- VE. NO, _ 1 � I I I �• n. ox �OUNDARY AND TOPOGRAPHICAL SURVEY FOR CHRISTENSON CORPORATION Lu I - I I � �w oZ I e .,._.... _H_.. ...... ,... M W Lo 4 I I ..... Z .✓�.. l 1 � ��� a 2 col CE I En W ci Lu C2 O y % HIGH SCHOOL i • I! / I r I e ,. Q _ 7 _ • W . e LOT SURVEYS COMPANY, INS FO) �w 65TH AVE c'n Lo 2 I I' _ nai sv r,e9•so'AY'w _ 67TH AVE. NO ' l l I "'• " , " r. k. BOUNDARY AND 10P0 1 NIC 1 1 SURVEY E0A CHRISTENSON CORPORATION 11 � I' 111 ix w 0 2 co a I C O WO o w D Q N . �w o i ' I _ }+ I I I i l ' x J r .r . .. i ✓ J ..n., • II ®Y Lssn s ... 00 v � Q I • J ^' Ii�..cl , , 1L i - � >�eY11JGQ•v bN.L. GU fV w •��rJ 0 fo suevc coMCarrr. rHC I )i I � D III III II III j! 1 11 I i LaN� soaverars l: I 1I I ` �IIiIIU !!IiIII ai11111r__ ,if i1 -; - ' I 0 ° 0 sr � r I N -- I II .• — . I >,o P I ..., �\ �l r. I I ' I L I � �1J. � I I I I I L +' �;,:' 1 l I1 III _ � 1 1 l�_ — � � Q 65TH AVE I y \ � : \ S\\ \ \ a 6: ) \� \ \ :} m : tIV. �\ am a_nELEamm %%0� ±YH GfEN - MR JUMM AND 3"FMCM MM S H rOL k5Dm0WS MID REMODEL DANA LARSON ROUBAL AND ASSOCIATES ARCHITECTS AND ENONEERS a I i it I y r S p, or iiH A r I I I # I f I I � I II II I 1 14 .,rl 1 I gg II, of I� III Lj-G —. li a I I I I I I I I. �I i III .Lil. I I I � i j + I t AUDITORR1M ELEVATIONS ® 77 "®O "t crwmn jumoW QUO r � GM SMO-OL AMMONS AHnO REMOoDDEL DANA LARSON ROUBAL AND ASSOCIATES ARCHITECTS AND ENGINEERS a CITY OF BROOKLYN CENTER Council Meeting Date 12/16/ Agenda Item Number 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: • Planning Commission Application No. 91022 - Brooklyn Center School District * ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPR Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: �' ' �'�� =° No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) Planning Commission Application No. 91022 is a request for site and building plan and special use permit approval submitted by the Brooklyn Center School District to construct three additions to the Earle Brown Elementary School at 5900 Humboldt Avenue North. Attached for the City Council's review is an excerpt from the minutes of the December 5, 1991 Planning Commission meeting, Planning Commission Information Sheet, a map of the area and various drawings of the site and proposed construction. Recommendation This application was considered and approval recommended by the Planning Commission at its December 5, meeting subject to the 12 conditions listed in the minutes from that meeting. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 5, 1991 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:32 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Sander and Ainas had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - NOVEMBER 21 1991 Commissioner Bernards noted a statement by Commissioner Holmes on page 3 and stated that he made a similar remark and would be willing to take responsibility for the remark on page 3. Commissioner Holmes deferred to Commissioner Bernards. Motion by Commissioner Bernards seconded by Commissioner Mann to approve the minutes of the November 21, 1991 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Bernards, Mann and Holmes. Voting against: none. Not voting: Commissioner Johnson. The motion passed. APPLICATION NOS. 91021 AND 91022 (Brooklyn Center School District) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct a media center addition and also an addition with a gym, auditorium and music rooms at the Brooklyn Center Junior - Senior High School at 6500 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91021, attached). He also noted that it would be the West Mississippi Watershed Management Commission rather than the Shingle Creek Watershed Management Commission that would review the drainage plans. Following his review of the high school plans, the Secretary introduced the next item of business, a request for site and building plan and special use permit approval to construct building additions for classrooms, media center and a music suite at the Earle Brown Elementary School at 5900 Humboldt Avenue North. The Secretary reviewed the contents of the staff report for that application as well (see Planning Commission Information Sheet for Application No. 91022, attached). 12 -5 -91 1 Commissioner Holmes asked whether the football field at the high school would require all parking on site. The Secretary answered that the City has not required on -site parking for that kind of event. He stated that he felt that the inside uses within the school should be covered. Chairperson Malecki asked the applicant whether he had anything to add. Mr. John Crump, the architect for both projects, stated that he had nothing to add, but that he had brought colored renderings . of the elevations of the buildings and asked whether the Commission desired to see them. Chairperson Malecki responded in the affirmative. Mr. Crump showed the elevations of the high school additions and noted that the additions to the elementary school would be brick to match the exterior. In response to a question from Commissioner Holmes regarding lighting, Mr. Crump stated that exterior lighting would be addressed for security reasons, but that the site lighting would remain essentially the same. There followed a brief discussion regarding the lighting of the parking lot and sidewalk areas. Commissioner Holmes noted that the sidewalk on the north side of the Earle Brown School would only be 4' wide and wondered whether this was adequate. Mr. Crump explained that the greenstrip was preserved at 15' and that the driveway was 24 He stated that this left a sidewalk that was 6' wide and that the doors inside the building were recessed 4' so that there would be 10' from the curb of the driveway to the door of the building. PUBLIC HEARING (Application Nos 91021 and 91022) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding either application before the Commission. No one spoke. Chairperson Malecki, therefore, called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. Commissioner Bernards brought to the Commission's attention that he may have a conflict of interest in voting on these applications since the school district was his former employer and he still is receiving medical benefits. Commissioner Mann expressed some concern regarding the possibility of simultaneous events at the high school. She asked Mr. Doug Rossi, the superintendent of the school district, if he would object to a condition limiting events in the gym and in the auditorium so that they were not simultaneous. Mr. Rossi responded that it was difficult to commit to something that had not been thought out in advance. He stated that there might be a play 12 -5 -91 2 practice going on while there was a basketball game. He stated that seldom, if ever, would there be two major events going on at the same time. The Secretary stated that the parking on the site should be adequate for main events. He stated that he did not know whether a condition was necessary for this kind of operating concern. Mr. Rossi stated that it would not make sense for the school district to overlap events and that they would probably police themselves adequately. Commissioner Holmes asked how many stalls would be lost with the building addition. The Secretary answered approximately 60. Commissioner Holmes asked whether there was any problem with daily use of the parking lot. Mr. Rossi stated that there was lots of space for daily use. The Secretary added that Northwestern Bell formerly used 20 stalls at the high school lot. He added that if student parking became a problem it could be controlled with parking permits. Chairperson Malecki asked the applicant if he had any problems with the conditions. Mr. Crump responded that there would be no problem with the conditions and that they would not object to adding a few trees in the greenstrip at Earle Brown School. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91021 (Brooklyn Center School District) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 91021, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 12 -5 -91 3 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioner Bernards, for reasons previously stated. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 91022 (Brooklyn Center School District ) Motion by Commissioner Mann seconded by Commissioner Johnson to recommend approval of Application No. 91022, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined b the ( City Y Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 12 -5 -91 4 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans shall be modified prior to the issuance of permits to provide at least three shade trees not less than 2 1/2" in diameter in the greenstrip along Humboldt Avenue North. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioners 'Bernards, for reasons stated earlier. The motion passed. APPLICATION NO. 91023 (Altra Auto Rental) The Secretary then introduced the next item of business, a request for special use permit approval to conduct an auto leasing operation at Northbrook Plaza at 1912 57th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91023, attached) . Commissioner Johnson asked whether there were any restrictions in City Ordinances regarding overnight parking. I The Secretary responded in the negative. He stated that the City only restricted parking on public streets. Commissioner Johnson asked whether there was any problem that the police might have with overnight parking. The Secretary stated that the police could make a check on a regular basis if they had theft problems. Commissioner Bernards asked whether the cars were identified as belonging to 12 -5 -91 5 Planning Commission Information Sheet Application No. 91022 Applicant: Brooklyn Center School District Location: 5900 Humboldt Avenue North Request: Site and Building Plan /Special Use Permit Location /Use The Brooklyn Center School District requests site and building plan and special use permit approval to construct three additions to the Earle Brown Elementary School at 5900 Humboldt Avenue North. The proposed additions include two new classrooms at the north end of the west wing of the school, a media center addition and a music suite addition. The school property is zoned R1 and is bounded on the north by 60th Avenue North, on the east by Fremont Avenue North, on the south by 59th Avenue North and on the west by Humboldt Avenue North. Single - family homes lie across 60th and across Fremont. An apartment building and a church lie across 59th. Grandview Park lies across Humboldt. The school is a special use in the R1 zoning district. Access /Parking The main site improvement to the property as part of this building expansion project is the redesign and reconstruction of the main parking lot at 59th and Humboldt. At present there is no boulevard. Concrete planks are placed approximately along the property line with an opening at the north and at the south end. Striping is poor and parking is not well controlled. There is some parking on the area that would normally be boulevard. The plan proposes a single access, 24' in width, off Humboldt and another access off 59th Avenue North. Circulation would be one -way. A 20' wide, one -way drive would pass in front of the main entrance area. The plan not only provides for a boulevard, but also for a 15' wide greenstrip as required by ordinance. The plan also calls for the improvement of a smaller lot at the southeast corner of the building. Both lots will be properly delineated and bounded by B612 curb and gutter. The plan also proposes to narrow to 24' in width the drop -off driveway on the north side of the site, while maintaining a 15' greenstrip. The plan provides for 70 parking stalls on site. There are 60 at present. The Zoning Ordinance does not contain a parking formula for schools. There are approximately 100 persons employed at the school, not all of which are present at the same time. The proposed building additions will involve the addition of two staff positions. It appears to us that the improvement in parking at the site should accommodate parking demand for normal daily usage. As has been the case in the past, we expect that special events at the school will entail some on- street parking and /or parking at either the park or perhaps the church as the need arises. 12 -5 -91 1 Application No. 91022 continued Landscaping No landscape plantings are proposed with this plan. Sod is to be installed in the boulevard and greenstrip around the new parking lot and in the area at the southeast corner of the building where the music suite addition is to be built. The landscape point system does not address schools. Parking areas of more than six stalls are to be screened from residential areas either across the street or along a property line. In this case, the main parking lot is across from a church and a park. While there may be no need to screen the lot, we would recommend that at least a few shade trees be planted in the greenstrip area. We believe this would be a good investment in the appearance of this entry way to the school. Gradinq /Drainage /Utilities At the writing of this report, no grading and utility plan has been submitted. The plan simply notes that site grading will remain as existing. Storm sewer is available in 59th and we would expect that the new lot will drain to one or more catch basins to be connected to the City storm sewer system. Because this site is over five acres, its development is subject to review and approval by the Shingle Creek Watershed Management Commission. The grading and utility plan will be reviewed by that body in light of district regulations pertaining to the quality and rate of site drainage. Any action of approval should be subject to Watershed approval of the drainage plans. In addition, we would recommend the standard condition that grading, drainage, utility and berming plans be subject to review and approval by the City Engineer. Building Additions The exterior treatment of the building additions is to be brick to match the existing building as closely as possible. A major improvement apart from the additions is that the entire building is to be fire - sprinklered as required by both City ordinance and the State Building Code. Lighting /Trash Existing building and parking lot lighting are to remain. Trash is not provided for on the plans. The applicant should be questioned as to how trash will be handled. Special Use Standards We believe the proposed improvements to Earle Brown Elementary School meet the standards for special use permits contained in Section 35 -220.2 of the City's Zoning Ordinance. The addition of classrooms, expanded media center and a music suite will enhance the public welfare. It will not be injurious to other property in the neighborhood nor impede normal and orderly development. 12 -5 -91 2 Application No. 91022 continued Access, egress and parking have been so designed as to minimize traffic congestion in the public streets. Recommendation Altogether, the plans are generally in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12 -5 -91 3 Application No. 91022 continued 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans shall be modified prior to the issuance of permits to provide at least three shade trees not less than 2 1/2" in diameter in the greenstrip along Humboldt Avenue North. Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspection 12 -5 -91 4 ||� � ||| too IIIW QZ 11TIMT ipm = MM i Lj H_ Eli 11 —no lir , u T1 F 3W 05 LA 3AV Mr nfm D I Into _1 IT x - , � L� m� H Vi [IM j �ONICM�I id iwoq 31V3 TM fll MOW SURVEY FOR: = i '- EARL BROWN ELEMENTARY SCHOOL LOT SURVEYS COMPANY INC. - - -I l_ - -- ------ - - -_ —_ IANO SURVEYORS _ e - - .. — .. .___ NI•IS 40E- - - «- •�•..• N -- — I N W ^ z P L AYG ROUND AREA z v, W r Q En a Z i � Q 9 y ' 4 ., a y d 1 . . �o � : r ._.- wu u w,u...� ... ,..,.. ,. °ut'•"i� LUA W L 1 — . _ - - -_ a�.�— __— 1 ,..., � � + +w+r ......ter ruin. �r of Q GIRARD AVE. N. m _ i �. ...a, .. E UJ 4 ^ Oi 111 J E ELEMENTARY Sc OOL 9 _wF - - - - - -- 1 (on[-STMY- �nicnl jj� 7 • - N � //E Q i bs �b J E I • 2 � LL i F x I ry 0 z i -- — _ -603.7 1. AVE. ^'r, -K - •• ..- .. -=5=': w J ® o St � SURVEY FOR EARL BROWN ELEMENTARY SCHOOL LOT SURVEYS COMPA ^ LAND SURV YOR — • EREMONL__. �_- __... -. - ... - AVE- N - - -- - -- _. ry 60137 NI.15'90'E "..... __. ._. -..... _ Y. Z ^� n PLAYGROUND APE z � w w z Q I Q ..., ,.�w . :—V."— " — =77 • � H_ M _ Y - G GIRARD 7 ° �a� •„ �ji •••^^ tn Lu AVE. N. m ;.�.. i � 1' t \ ELEMENTARY SCHOOL ' - -'^- C r _ I ~• _„'_ 1 � I DwT sTa, s «1 m I ; I N I r ,� 9 a•,�ya`�xz�a- :'= -�� '�.y !O1 - ksw- n,�usv�rvr -ev- UJ ❑ L� e 1 _a-rs1 �.7EZwwrw6nrr..w wr LL MY c ❑ cc, En - -603.7 '48 1Ei'+�iHN't, u4i -ir+wn AVE. J N. Q ptI - s i s1f� I P I ii i =1 tih k �I — tt r ` BB i Y i 2 I II i ig i ; M�W , t E V N LE ATIO S OANA LARSON ROUSAL AND ASSOCIATES ARCHITECTS AND ENGINEERS 4 CITY OF BROOKLYN CENTER Council Meeting Date 12/16/9 Agenda Item Number 3 C -- REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 91023 - Altra Auto Rental DEPT. APPRO Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: v r No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) Planning Commission Application No. 91023 is a request for special use permit approval submitted by Altra Auto Rental to conduct an auto leasing operation in the Northbrook Shopping Center addressed as 1912 57th Avenue North. Attached for the City Council's review is an excerpt from the minutes of the December 5, 1991 Planning Commission meeting, Planning Commission Information Sheet, two letters from the applicant, a map of the area and two site plans. Recommendation This application was considered and approval recommended by the Planning Commission at its December 5, 1991 meeting subject to the four conditions listed in the minutes from that meeting. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans shall be modified prior to the issuance of permits to provide at least three shade trees not less than 2 1/2" in diameter in the greenstrip along Humboldt Avenue North. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioners Bernards, for reasons stated earlier. The motion passed. i (/ / APPLICATION NO. 91023 (Altra Auto Rental The Secretary then introduced the next item of business, a request for special use permit approval to conduct an auto leasing operation at Northbrook Plaza at 1912 57th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91023, attached) . Commissioner Johnson asked whether there were any restrictions in City Ordinances regarding overnight parking. The Secretary responded in the negative. He stated that the City only restricted parking on public streets. Commissioner Johnson asked whether there was any problem that the police might have with overnight parking. The Secretary stated that the police could make a check on a regular basis if they had theft problems. Commissioner Bernards asked whether the cars were identified as belonging to 12 -5 -91 5 Altra Auto Rental. An unidentified gentleman representing the applicant responded in the affirmative, noting that there was a sticker on each of the cars. Commissioner Bernards asked regarding dropping off cars and a lock box for keys, etc. Mr. Lampe, the applicant, stated that a drop box could be provided. He stated that most cars are returned before closing time. Commissioner Johnson wondered whether the operation might lead to car theft problems as had been experienced at Brookdale. The unidentified gentleman stated that the problem could be eliminated by letting the customer keep the keys since the rental agency would also have a set of keys for each car. The. customer could then return the keys the following day. In response to a question from the Secretary, Mr. Alan Lampe of Altra Auto Rental stated that it was not their purpose to display the cars, just handle the demand for rental cars on a daily basis. He stated that they did not want to disturb other tenants in the shopping center by having displays of cars for sale. PUBLIC HEARING (Application No. 91023 Chairperson Malecki then opened the meeting for a public hearing and noted that there was no one else present to speak regarding the application. She called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 91023 ( Altra Auto Rental) Motion by Commissioner Bernards seconded by Commissioner Johnson to recommend approval of Application No. 91023, subject to the following conditions: 1. The total number of rental cars on the site at any one time shall not exceed 15. 2. The special use permit is granted for an auto leasing operation. Any change in the use involving more vehicles, trucks or marine craft shall require approval of an amendment to this special use permit. 3. There shall be no service, repair or maintenance of leased or stored vehicles at this site. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Voting in favor: Chairperson Malecki, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. OTHER BUSINESS 1992 a_ 1992 MEETING SCHEDULE 12 -5 -91 6 Planning Commission Information Sheet Application No. 91023 Applicant: Altra Auto Rental Location: 1912 57th Avenue North Request: Special Use Permit The applicant requests special use permit approval to conduct an auto leasing operation in the Northbrook Shopping Center at 1912 57th Avenue North (tenant address). The shopping center property is zoned C2 and is bounded on the east by Logan Avenue North, on the southeast by Acme Typewriter, on the south by 57th Avenue North and on the northwest by Highway 100. Auto leasing operations are a special use in the C2 zoning district. The applicant has submitted two letters describing the proposed auto leasing operation. The operation would be located in the north building at Northbrook Shopping Center between Pilgrim Cleaners and Carpet King in an 800 sq. ft. space. Hours would be from 8:00 a.m. to 5:30 p.m. Monday- Friday and 9:00 a.m. until noon on Saturday. No repairs would be conducted at this location. The first letter from Mr. Alan Lampe describing the operations states there may be a need for 10 to 12 parking spaces and most of the time less than five. The second letter clarifies that cars will not be displayed at this location, only picked up and dropped off. Overnight storage of cars will be occasional and customers may occasionally return cars after hours. Cars are taken to the auction for resale or shipped to car sales lots nationwide. In general, we see no zoning conflicts with the proposed leasing operation. Under the City's Zoning Ordinance, a leasing office is a permitted use, provided there is no sales, display or storage of products at the site of the leasing office. In this case, we have classified the operation as a special use because it appears there will be at least some incidental storage of vehicles. The retail parking requirement for the 800 sq. ft. space to be used is approximately 4.4 spaces. Because of the change in the ordinance formula, there is a slight surplus of spaces at Northbrook Plaza. If the proposed use does not require more than 10 to 12 spaces at any time, there certainly should be no parking problem at the shopping center, but we do not wish to imply that approval of this leasing operation should confer a license to park as many cars as the lot will hold. Other retail businesses must be able to function. The storage function of this operation should be minimal. We would, therefore, recommend a limit on the number of rental vehicles of not more than 15. Recommendation Approval is recommended, subject to at least the following conditions: 1. The total number of rental cars on the site at any one time shall not exceed 15. Application No. 91023 continued 2. The special use permit is granted for an auto leasing operation. Any change in the use involving more vehicles, trucks or marine craft shall require approval of an amendment to this special use permit. 3. There shall be no service, repair or maintenance of leased or stored vehicles at this site. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspection 12 -5 -91 2 From: Altra Auto Rental To: City of Brooklyn Center Dear Gary; I would like to give you an insight as to the business conducted by Altra Auto Rental. We are in the service industry and desire the visibility offered by a retail establishment. We offer a delivery service with our vehicles and allow people to return cars to our lot. We do not display our cars in any manner nor do we wish to make any changes in the retail center that would distinguish us from other tennants. All repairs of our cars are done by dealerships or our National Accounts such as K -Mart or Goodyear. We have relatively normal business hours .(Monday- Friday 8:00 AM - ' ?0 PM) (Saturday 9:00 til Noon) The space is located between the laundromat and Carnet King. Tt is 800 square feet of office space. We have other locations around the metro area in retail space and we conform to any of the regulations required by the city. Again, I feel it is important to stress the point that we have no intention of displaying our vehicle and normally would have no cars on the premises at all. We do not have a "lot" full of cars to choose from , onl er.nvrsh t,n service our customers and exhaust our fleet. Tf any additional information is required please contact me. Sincerely; Alan Lampe District Manager 11 1J - 177:J � J•�!'r 1 ^_.l �._l� � iClJ __ ,. �,. Y�J, � -_ 1 i 1 � AJM I Dear Sirs; Altra ALito Rental is in the insurance replacement', auto rental business. We deliver vehicles and allow customers to drop and pick - up cars at 'our location. We would require only 10 to 12 parking spaces and most of the time less than five. We carry new carry so repairs are done at dealerships or repair facilities F3uch as h -Mart. Cars are taken to the auction foil resale or shipped to our car sales lots nationwide. i We will conform to any regulations required by the city j and look forward to our move to Brooklyn Ceriter. Sincerely; Alan Lampe District Manage' I i .� I _ y ;4 rn NT X , [ 7- INCE JPTON ---------------- - /- . ni v hl U) RUSSELL AWE. r N. H N. w0 PENN AVE.', PN. 1P _ x / CD OLIVER AVE. 1 ° F-E"' wu m o N I V o MORGAN AVE. MORGAN ° �CIII1_I FM T FM d �� SUMMIT VE DR� 1 N AV E. / LOGAN .`,N - -- --- - - - M tt AVE. N __ -� L x -- � JAMESI � V AMES AV l l�l_ I I n lfl m JE. L IRVING�1 N IRVING AVE. _N., --- Ti �� i I i_i i T r W N t T �� rT AVE. �lI�� r. _ _.. _ 1 1_� _i �l HUMBOLDTf l A E { i HUM30L0T - T-- � [I11111I1II11t_��_I�i ��I��� �[ [II F- r- r- C> p _] _ [1llIIIIJII I l l l i - 1_ I t AVE. 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S / r • I r 1910 -- - -- -- - "1912 } 1914 _t 1916 1'C 11, 1918 _ "'19 2 �) r -1922 i J` , ►� 1928 - -_ x ,.19 30 l0 � • �VtrtKr -t• ( K 8 0 ) .._` 1. 11950 .-1954 1956 ! 1 c t 964 1 ,19 6 6 GA -ARITY K(l',D r 1U 57th Avenue North LEI .\Sly PLAN NO'n ioiz m fvaPycLVII Crfll C•r CITY OF BROOKLYN CENTER Council Meeting Date 12/16/ 91 Agenda hem Number al REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Date of the Official Flood Plain Map ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: / (�LJ Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW / RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) • This ordinance amendment was first read on November 18, 1991, published on November 27, 1991 and is offered for public hearing and adoption at the City Council's December 16, 1991 meeting. Attached is a copy of a memo from the Planner regarding a minor, although significant, amendment to the newly adopted Flood Plain Ordinance. The new Flood Plain Ordinance was adopted by the City Council on March 25, 1991. The staff had recently been advised by the DNR that the date we used for the flood insurance study and official flood plain map, as well as the Minnesota Statute citation used in the ordinance are in error and must be changed. The ordinance amendment makes the necessary changes and brings the ordinance into compliance with these requirements. This ordinance amendment was reviewed and recommended by the Planning Commission at its November 7, 1991 meeting. Recommendation It is recommended that the City Council, following public hearing on this matter, adopt this ordinance amendment to correct the various dates and citations contained in our flood plain ordinance. 9� 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 16th day of December , 1991 at 7:15 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance relating to the date of the official flood plain map. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO THE DATE OF THE OFFICIAL FLOOD PLAIN MAP THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -2120. GENERAL PROVISIONS. 2. Establishment of Official Zoning Map The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Brooklyn Center prepared by the Federal Insurance Administration dated [August 17, 1981] February 17, 1982 and the Floodway Boundary and Floodway Maps and Flood Insurance Rate Maps therein, all as amended by the attached Amendment No. 1, prepared by Barr Engineering. The Official Zoning Map shall be on file in the office of the City Clerk and the Zoning Administrator. Section 35 -2140. FLOODWAY DISTRICT (FW). 4. Standards for Floodway Special Uses g. Structural Works for Flood Control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter [105] 103G Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1991. Mayor Todd Paulson ATTEST: Deputy Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner SUBJECT: Flood Plain Ordinance Amendment DATE: November 12, 1991 The attached ordinance amendment makes two technical changes to the City's flood plain ordinance. One change is to the date of the flood insurance study and official flood plain map. This date has always actually been February 17, 1982, the effective date of the City's original flood plain ordinance. Our existing ordinance refers to the date the City received the study and map from the Federal Emergency Management Agency. The effective date, however, has always been February 17, 1982. The second change simply reflects a recodification of state statutes whereby the old Chapter 105 has now become Chapter 103G. There is no substantial change in the provisions of the statute cited. These ordinance changes are being required by the Department of Natural Resources on behalf of FEMA. We have asked whether these changes are of such a minor technical nature that they could be made administratively without a public hearing. I have been informed, however, that the map date is significant and that state law requires a public hearing for any Zoning Ordinance amendment. The publication cost for this ordinance amendment is approximately $17.00 according to the Deputy City clerk. The Planning Commission has reviewed and recommended approval of this ordinance amendment. CITY OF BROOKLYN CENTER Council Meeting Date 12 /16/9 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's 2nd Addition) DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: 11 1 ` ,1 Y u 1 No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) On June 10, 1991 the City Council • Y adopted Resolution No. 91 -145 P which approved Planning Commission Application No. 91007 submitted by Ivan and Hazel Vetterick and Real Estate Financial Consultants, Inc. This proposal was a request to rezone from C1 (Service /Office) to R5 (Multiple Family Residential) an approximate 30' x 100' strip of land located along the back of the property addressed as 6501 Brooklyn Boulevard. This 30' x 100' strip of land was then to be transferred by platting to the lot at 4010 65th Avenue North owned by the Vettericks in order to provide enough land area to support four dwelling units on that property. The ordinance me a on June 10 proposed amend nt had a first reading , 1991 and established July 8, 1991 as a date for public hearing and consideration of adoption. This ordinance amendment describes the property that was rezoned under the proper designation of R5 in the Zoning Ordinance. This is considered a housekeeping type of Zoning Ordinance amendment needed for a proper description of the land rezoned. The City Council on July 8, 1991 held and closed a public hearing relating to this ordinance amendment. The City Council at that time tabled adoption of the ordinance amendment because the plat establishing the legal description contained in the ordinance had not been filed with Hennepin County. The ordinance amendment was, therefore, tabled until verification that the plat had been filed. The plat has been filed and we are, therefore, recommending final adoption of this ordinance amendment. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of July , 1991 at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (HAMM'S SECOND ADDITION) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R5). The following properties are hereby established as being within the (R5) Multiple Family Residence District zoning classification. Lot 1, Block 1, Hamm's 2nd Addition. Section 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) Service /Office District zoning classification. Lot 2, Block 1, Hamm's 2nd Addition. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) k k �: •`: \ �\ : `\' \•� \��'�'�_`'` , v0. may, �'��\ X �k � \ , ... ;:,:i`, `:`::�:: ;; ` , `• �{ \, � � tip' V ,�'c'� \ K — t I , ,' ��• I FREEWAY - - X Y' .'C -�_ '3AV 40 r 3AV OUV 3 v 3 Ct AY <� 1 9NIIA3 N HUN t� 3AV O I �_ Qw) r 1_J_� -aI E-4 O M3 • _ .nJ(� - - 4 ' V `JN - - - - - — N 1 / U �NIj i N �Nyy = ld IVaIY1 V JIJ, o a ..., V (') _ }I_rl_E-r�_�1_� .. -- -- - - -- -. -..- N vs... - -. 1Y 3�NVH3 1 3 > l 11_l- 1 w S3i'iIN`l - CJ x , f Q ., N Intl , yr� - -- Nlla`m 4t \,/k. � � ld XVj11V11 AV fr r � x11.1_ /--- .�� - -- 3ntl PT N VcNidNl — - -- _ —_ — -- 3AV 3r nr z � 3ntl VM1IC1' L� _ - N ----- - ---- - - --4 - - _ Z { N 3A —___3lAA - j lNnr N 3nv 3r nr - v. 1 I � N ' TH F — , PRELIMINARY PLAT r.. Ilr .Orr .d Dw•I.N HAMM�S 2ND. ADDiT10N ,• 11lai�ytll. rl 3=.t, i , • T 3U�V_�_3 COMPANY. INC, � • °1 ifiji"^' LANG Sun—myon N� \ attln LLnv \ Lot 1 Lot �EA -PnZbhJ 6X r7 I �1 Z O w ok t NrWMi �. • A • µST 1'� l:, . 'I1�� \� •i • I. as '' • 1. H• ,�.yt�y, y. v/w'M 1 , • AI �.,• � tai ''� 1 � ;;•,! +,�, t � \ � , �,�• -• ; � t , L 1 w 7, 14.1 t. IIMN KOitla \ QI 11 Y + Ny .w ►.•i, 111 •''� •� 74 ' • 1 ►rw /rlilr M.1 UI/ 11 ` r7 / W1NrM L-4 O.- irr ti � 1`K •Nif AIM , 06 MIr ,1 / 11 N1 * It" 1 9 CITY OF BROOKLYN CENTER Council Meeting Date 12/16/9 Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - A Zoning Ordinance Amendment Requiring Minimum Separation between a 24 Hour Commercial Operation and Certain Residential Properties DEPT. APPROV Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached g ) • At the December 2, 1991 City Council meeting there was extensive discussion of an ordinance amendment which had been offered for a first reading that would restrict some late night /early morning or 24 hour business operations within the City which are located within 200 feet of certain residential properties. The Council did not adopt the proposal for first reading, but rather suggested some other options be developed for consideration and further discussion before having a public information meeting on the matter. The Council directed the staff to look at the list of potential nonconforming C2 uses open between 11:00 p.m. and 6:00 a.m. to see to what extent this list would be further reduced by extending the hours from 11:00 p.m. to 12:00 midnight. A revised list has been prepared and is attached for the City Council's consideration. Attached also is a copy of the ordinance language that was reviewed on December 2. This same format is still being suggested, however, a number of possible options are being offered for further discussion: 1. Alter the hour limitations. As suggested above, this could be changed to 12:00 midnight or some other hour believed to be more appropriate. 2. An exception should be made if an otherwise restricted • use is in close proximity to residential property that is legally used for non - residential purposes such as institutional or park and open space uses. Such SUMMARY EXPLANATION Page 2 December 16, 1991 allowable uses of residential property which would not count toward requiring restrictions would include churches, chapels, temples, synagogues; public or private schools, colleges or universities; nursing homes; cemeteries; golf courses or open spaces; and publicly owned structures such as lift stations, well houses, public buildings, etc. 3. Eliminate the R3 zoning district from the proposed language. If a restricted operation was in close proximity to only R3 zoned property, the limitation would then not apply. Eliminating the R3 would mean that the limit on the hours of operation would only apply to uses that are in a C2 zone and within 200 feet of one family or two family dwellings. 4. The 200' separation between these uses and residential property could be adjusted. 5. The hour restriction would not have to apply if there is an intervening major thoroughfare between the residential uses and the restricted operation. This would include all major thoroughfares which are defined in the Zoning Ordinance as all state, county and federal highways (including interstate freeways) and the following • municipal streets: - Xerxes Avenue from T. H. 100 to 59th Avenue North and from I -94 to Shingle Creek Parkway. - Shingle Creek Parkway from County Road 10 to 69th Avenue North. - France Avenue North from T. H. 100 to 50th Avenue North. - Humboldt Avenue North from I -94 to 70th Avenue North. - Freeway Boulevard from Xerxes Avenue North to Humboldt Avenue North. - 69th Avenue North from Shingle Creek Parkway to Brooklyn Boulevard. 6. Allow motels or lodging establishments to be exempt from the 24 hour operation limitation primarily because they are open to service guests at any time there are vacancies. Motels or lodging establishments that have eating facilities, serve liquor and /or have • entertainment, however, would not be exempt for that type of activity. SUMMARY EXPLANATION Page 3 December 16, 1991 • 7. Another exception should be any uses that are permitted in the C1 zoning district. Such uses include a number of service /office uses. (A copy of the uses allowed in the C1 and C2 zones is attached.) It would be somewhat ironic, based on the originally proposed language, that a service /office use permitted in a C1 zone and abutting, or close to, a residential property would be allowed to be operational 24 hours a day where the same use in a C2 zone and abutting, or close to, residential property, would be limited. 8. Another possible exception might be to allow 24 hour operations in the restricted areas for special or promotional events through the issuance of an administrative land use permit. Currently, adminis- trative land use permits are allowed, generally for up to 10 consecutive days, for outside sales, displays and promotional events. This could be amended to include 24 hour sales in these restricted areas. It is recommended that the City Council review each of the above listed possibilities, and any other possibilities which they believe would be appropriate, and then decide on the language they would like to pursue so that it can be developed in the form of an ordinance amendment. The City Council may decide that such an ordinance amendment is not necessary. The Council also discussed • having a public informational meeting regarding the ordinance once acceptable language has been developed. Further direction in this area would be appropriate. We will be prepared Monday evening to discuss with the City Council how the various options might affect current business operations and land areas which may be impacted in the future. We are developing various maps and information which we believe will be helpful in reviewing this matter. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance to require minimum separation between a 24 hour commercial operation and R1, R2 and R3 zoned property. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO REQUIRE A MINIMUM SEPARATION BETWEEN A 24 HOUR COMMERCIAL OPERATION AND Rl R2 OR R3 ZONED PROPERTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -412 SPECIAL REQUIREMENTS IN C2 DISTRICTS. 8. Commercial operations which are open for business to the general public for service entertainment or retail sales between the hours of 11.00 p.m. and 6:00 a.m. shall not be located closer than 200 feet from any R1, R2, or R3 district measured from Property line to property line Medical emergency services shall be exempt from this provision Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) POTENTIAL NONCONFORMING USES Nonconforming If Nonconfroming If Nonconforming If Across Establis Hours 12:00 - 6: 00 a.m. Abuttment w /R OK Ma jor Thoroughfar OK Days Inn X X Scoreboard Pizza X Neil's Total X X X American Legion Club X X X Red Owl Store X X X Wes's Amoco X X Highway 100 Racquet and Swim Club X X X Superamerica (57th & Logan) X X X Subway Sandwiches X X X Chuckwagon ? ? ? I 35 -316 2. Special Requirements a. See Section 35 -410 of these ordinances. Special 35 -320 Cl SERVICE /OFFICE DISTRICT. 1. Permitted Uses The following service /office uses are permitted in the Cl district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre), maternity care homes, child care homes, boarding care homes, provided, however, that such institutions shall, where required by state law, or regulations of the licensing authority, be licensed by the appropriate state or municipal authority. b. Finance, insurance, real estate and investment office. C- Medical, dental, osteopathic, chiropractic and optometric offices. d. Legal office, engineering and architectural offices, educational and scientific research offices (excluding laboratory facilities) accounting, auditing and bookkeeping offices, urban planning agency offices. e. Religious uses, welfare and charitable uses, libraries and art galleries. f. Beauty and barber services. g. Funeral and crematory services. h. Photographic services. i- Apparel repair, alteration and cleaning pickup stations, shoe repair. j. Advertising offices, provided that the fabrication of signs shall not be a permitted use. k. Consumer and mercantile credit reporting services office, adjustment and collection service offices. 1. Duplicating, mailing and stenographic service offices. M. Employment agency offices. n. Business and management consultant offices. o. Detective and protective agency offices. 35 -320 P. Contractor's offices. q. Governmental offices. r. Business association, professional membership organizations, labor unions, civic, social and fraternal association offices. S. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3. The compounding, dispensing or sale (at retail) of drugs, prescription items, patent or proprietary medicines, sick room supplies, prosthetic devices or items relating to any of the foregoing when conducted in the building occupied primarily by medical, dental, osteopathic, chiropractic or optometric offices. 4. Retail food shops, gift shops, book and stationery shops, tobacco shops, accessory eating establishments, sale and service of office supply equipment, newsstands and similar accessory retail shops within multistory office buildings over 40,000 sq. ft. in gross floor area, provided: that there is no associated signery visible from the exterior of the building; there is no carry -out or delivery of food from the lot; and the total floor area of all such shops within a building shall not exceed 10% of the total gross floor area of the building. t. Other uses similar in nature to the aforementioned uses as determined by the City Council. U. Financial institutions including, but not limited to, full - service banks and savings and loan associations. V. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. W. Leasing offices, provided there is no storage or display of products on the use site. 2. Special Requirements a. See Section 35 -411 of these ordinances. 35 -320 3. Soecial Uses a. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. b. Group day care facilities provided they are not located on the same property as or adjacent to a use which is not permitted to abut Rl, R2, R3 zoned land and provided that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the Cl district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the C1 district generally. 3. Of comparable intensity to permitted C1 district land uses with respect to activity levels. 4'. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. and further provided that the special requirements set forth in Section 35 -411 are adhered to. F c. Instructional uses for art, music, photography, decorating, dancing 1 � ■-4 and the like and studios for like activity. Section 35 -321. ClA SERVICE /OFFICE DISTRICT. I. Permitted Uses (No height limitation) a. All of the permitted uses set forth in Section 35 -320 shall be permitted in a building or establishment in the C1A district. 2. Special Requirements a. See Section 35 -411 of these ordinances. 3. Special Uses a. Accessory off -site parking not located on the same ro ert the principal use, subject to the provisions of Section 3P -701 with b. All of the special uses set forth in Section 35 -320 shal allowed by special use permit in the ClA district. 1 be Special 35 -322 C2 CO3MERCE DISTRICT. 1. Permitted Uses a. The retail sale of food. b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive -in eating places and convenience -food restaurants. C. The following uses: 1. The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2. The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3. The retail sales of apparel and related accessories. 4. "The retail sale of furniture, home furnishings and related equipment. 5. The retail sale of miscellaneous items such as the following: Drugs and proprietary items Liquors Antiques and secondhand merchandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies P Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service /office uses described in Subsection (b) through (u) and Subsection (w) of Section 35 -320. e. The following repair /service.uses: 1. Electrical repair service shops. 2. Household appliances, electrical supplies, heating and plumbing equipment. 3. Radio and television repair service shops. P 4. Watch, clock and jewelry repair service shops. 35 -322 5. Reupholstery and furniture repair shops. 6. Laundering, dry cleaning and dyeing. 7. Equipment rental and leasing services. f. The following medical and health uses: 1. Hospitals, not including animal hospitals. 2. Medical laboratories. 3. Dental laboratories. g. The following contract /construction uses: 1. Building construction contractors' offices. 2. Plumbing, heating and air conditioning contractors' offices. 3.' Painting, paper hanging and decorating contractors' offices. 4. Masonry, stone work, tile setting and plastering contractors' offices. 5. Carpentering and wood flooring contractors' offices. 6. Roofing and sheet metal contractors' offices. 7. Concrete contractors' offices. 8. Water well drilling contractors' offices. h. Educational uses. i. Accessory uses, incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3. Outside display and sale of merchandise provided that an administrative permit is first obtained pursuant to Section 35- 800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. 35 -322 k. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Special ReQUirements a. See Section 35 -412 of these ordinances. 3. Special Uses a. Gasoline service stations (see Section 35 -414), motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. b. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35 -704, 2 (b) and 2 (c). C. Drive -in eating establishments and convenience -food restaurants provided they do not abut an R1, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive -up facilities and located within the principal structure of a shopping center of over 250,000 sq. ft. of gross floor area shall be considered a permitted use.) d. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an R1, R2, or R3 district, including abutment at a street line. e. The sale of motor vehicles at retail. f. The out -of -door display and sale of marine craft at retail. g. Transient lodging. h. Animal hospitals. i. Public transportation terminals (excluding truck terminals). j. Clubrooms and lodges. k. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. 35 -322 1. Sauna establishments and massage establishments, provided they do not abut any residential (R1 through R7) district, including abutment at a street line. M. School bus garage facilities provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly within an enclosed building and further provided it does not abut any residential (R1 through R7) districts, including abutment at a street line. n. Amusement centers provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. o. Automobile and truck rental and leasing. p. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. q. Group day care facilities provided they are not located on the same property as or adjacent to any use which is not permitted to abut RI, R2, or R3 zoned property and provided they are not located in a retail shopping center; and further provided that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2. Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. 3. Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the special requirements set forth in Section 35 -412. UPT AVt N > � Y ^ N r ,�, .�''�.� 1, .`"`'_. � N tev:� �: ,�`�� �•, •.�,� �, ��,���^ l � ;:�i,, � � , > _ i �� � ` � '`�```�`� `'iY �. �c � ate,,` , ,•� � G � ' ' : �'•, ,mss \ ?\ � `. r.�rN� as � ;: �Y, r, � /� .\ 1 - n h _ _ E . 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ZEYITN AVE N. _. -- �y �' � ._ __J __ � a \ o. � �\C`::`;`.` ��. \�`;. \`.`••:: .`; ::: :`; ``: `:.`.`:.`.`::: UU 11 Il� { I t i i l - t - AVE. N� ��.� J �til� / n u I ' T (( llI III fl rt�I'`r \ �c y r w� 1 __ __ J � L - -i .._ �� _ -- - � ����WV� � �.�l�l:�'r / - � • •1 `�!' •:� \�".•�.\,••:�� 2 l�f.f I I ` l7I - I } iI I F 1 { I f I / r / { I I .,r� l 1 4845 AVE, N. I �_1 -1. -11 _ . �_l -1 -J L_ _ - - _..� a srWr 1. �'� L(�;`, \`.`,��,�; \\� • \ `.. 1I JlcYlllll AVE. N ul I IN(FnT A4. N i s - _ � J , I - l \ — ) _ -i l f ,,"C7 Jl - t \ \ { / fTl _ -_ _ - -.. - . '\ GIY _OE G'RYS:. j x t 7 ` ,> \ A _.-� .. R -c., ..._.. _,,� _ - r �1 _ V`1 , N, MA ^H F „ Q , � s k r,. 1 N `c x 1 AR . \ Z I T I t J r `-fig l � l 1 _III 1� x "1 .1st AVF C VIII i 1 Y., 1 V V I i1 3Z A �.. a 3 UNE 1 - l I I 'jlyf ':, rT�l 14 1I s. AVE will I — m _ r ?r` L�- _�� 1 �� i FRRI AVE. N. o _ _� - - -� - R �L _ 3Atl �� -- T Y T a - Qf 1\ r j oHEr AvF N f . 'x, x BE AMC , [RFW A'E 1 I , L L , b _ k —� AVE. J - an � n ✓ N 'r.. - t _ „ r YORK ZENITH AVE. r IY ' � u l l 1 [WASHEO� AVE x� * �VINrE` AVE ON A a m x x. ro m \I +I(1 �Hl1SSF LL A; x x - t� \ L� -`h X IQ*N a 1M � a� , 3 Y � 11 � Iff ti F n - _ P . i r _ B EARLFr V'LWN Oft , N - H -1. FT� C N' ,W I�,tll v �� _ 101 IAV L L_ _ IRYIIrG A✓E ry e V — - - � 1 HLNBOLDT T �� E- l r . } F+t +. • t 1 f € P A VE. " GIHARD AVE. ( m r _ AVE. - _ _ _- - - - ;I r z , WW=, �f�IrI l3I1 11 TT z f T 1 L l- _ L_1_ . E6IERSON AV E. - L- , � t0 (14 ��� �� ✓ ,x. T �3nV XV JlOD �1� _ F.�� � n IT 1..J�_ 111111 - Y F F , I -F� \ _ it PBY] HEM I -' 1 , •3A I>i l � � ;c ^`h B RTIA VE. . ff Ir NN �V > AVE > :6 AV �, 3AV N3JYd i � N - CAAIf - _ _ C I U M R D -- > 1T '� RD. ..+-.. -_ i i:;•b "i'"_'''y.t -� ° �.;�' �7 "J(r U 0 OW c S SIPp D01?N4& IE � --� IS�gNO J 1 ,.\. •. .. C-a CITY OF IWIOOKL PAH I ` ri: > L � / I .. 3AV MIM \ 1 i ` Inr ,IIiN3z ; °: 'x �' "a• •:•: ':•' :•. 11. �;� _ ! "/ - - �_ �� - - - - - _ � .. t - - ' �I , _ _ ' o 1 . 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I� ��_ ����1..r�_.� a �l .A IS : N ..V _: w��J __. 1' 1 Hf _. . IJ _ EN, A. N z 3 L �., - I f �cCtTT AVE. N. _ - - rrjj II l _ T Ft AJE �11L� T 1 ■�p1 w W N T �� �' j� o N •v � L� \ . / 1 �. � � -. _' � I _ _. TC'..E:O A.F. N.� �� __ L'. SIN • /� s w T - L ILT i �, _ U jLLid L - 17LAVE- N. .11 �_" _ �7 oDS , 1 u IIl 1 OYS /t - 1 � j r , �_ = ,ERA uia AVE. ��dd N�( 7�/0 0 lI� • _ ..0 V 1 4 - - - - - - - - -- - - , t r TI TY MYS "777 ' \ ; • • ` , . i . ::: ; :.;.`: ,,; :. , \:, ; fir- . _ x { f' •+• -e r �• .i e • " ,, \ , . , ,: ( .. .,;:.,:; �:• ' � �` %6 ,rte x r �i •: r, i 'l r i j t � , r .1. rr — t _ a Y 1IlI I TI ' • , . 3AV I,3z�11 a i 1 SjTY N '3rd XtljIlvH \\ \ m m �� •and -1 - m i > N ,m - LFRANC AVEI RAL._ "�� ,nd P T r N 3�r� -_ ° °, I • -- '_y i \ T l 1 �1. _... _V. y' FW M1'G -.1 JJ n - J _. 1 f¢11r3� +r 1 { I I IIFr ,(� . } }1 { i TItI I I T 1 1 { 1 1 A'!F._ N -. .L2 V� Yyi^i' ' y. ''�' �' DREW oRE� -� - �� - �� � - -tits \ �, � • . , t , r Ra 11T��11 � � � _ _! , � —..— '— � �� � '.- i OdN LION _ t a , o� - _ - I - �,BHOTT AVE.� � 1 i� 4 iY►' _� .. • 1 r T 11 T 7 �� - - • ( .� J DDD ZFNITH AVE.] l �r � ..•.. _ ... - ; �� � I - N r I I � , , l VININT j r 4, CITY OF BROOKLYN CENTER Council Meeting Date 12/16/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item — A Sign Ordinance Amendment Allowing Certain Tradeoffs Between Wall and Freestanding Signs ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: C' - Ronald A. arren, Director of Planning and Inspection MANAGER'S REVIEW / RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) • On December 2, 1991 the City Council considered a sign ordinance amendment that would reduce the amount of allowable wall signs in the C2, I -1 and I -2 zoning districts from the current 30% of the wall area to 15% and also would have established a provision to allow establishments in these zoning districts to have an extra freestanding sign if they agreed to forego all permitted wall signs. The suggested size of the extra freestanding sign was to be limited to no more than 1/2 the height and 1/2 the area of the normally permitted freestanding sign. This ordinance was proposed in response to a request made by Mr. Frank Slawson, President of Marquette Bank Brookdale, for consideration of some sign ordinance modifications that would allow an additional, low -keyed freestanding sign at the bank. The amendment was also written to reduce the large amount of wall signery (up to 30% of a wall area) allowed in these :coning districts under the existing Sign Ordinance. The Council discussed this proposed ordinance amendment at. some length. Concern was expressed that the proposal was too liberal in allowing additional freestanding signs in that it would allow more than the bank was requesting and also, the amendment did not require some of the aesthetic characteristics of the proposal which might be detrimental to the community if other businesses sought to maximize the second sign without the same types of aesthetic sensitivities as shown by the bank. The City Council chose not to have a first reading on the ordinance and directed further narrowing of the focus of the proposed ordinance amendment. SUMMARY EXPLANATION Page 2 December 16, 1991 Attached is a copy of the approved site plan for the remodeling of the Marquette Bank Brookdale. The plan has been labeled to show the locations of the existing sign and the proposed new sign. The size of the remodeled facility is 17,920 sq. ft. Based on this size facility in a C2 zoning district, and the table for allowable freestanding signs, the bank is entitled to a 200 sq. ft. freestanding sign at a maximum height of 27 ft. The proposed ordinance would, therefore, allow the second freestanding sign to be 100 sq. ft. in area and 13 ' 1 2 high. Also attached is a co / g PY of the plan for the additional freestanding sign which shows individual letters and a logo affixed to a masonry retaining type wall. The plan shows the measurements of the letters and logo to be 30" (2 1/2 x 12 for a total of 30 sq. ft. The wall is approximately 5' high x 19' long, for a total area of 95 sq. ft. If the entire wall is considered the sign, the area of the sign would also be 95 sq. ft. The following are some suggestions the City Council might want to consider in an ordinance amendment as a means of addressing the concerns expressed and yet allow, what seems to be an acceptable tradeoff for the type of sign proposed by the bank: 1. Continue with the wall sign reduction from 30% to 15% of the wall area. • 2. Allow the second freestanding type wall sign in lieu of foregoing all wall signery. 3. Require the additional freestanding sign to have individual letters or cutouts, individually affixed to a masonry retaining or landscape type wall structure which is no higher than 6' above ground level. 4. Said wall structure may not be located in the required greenstrip area or a parking lot and must be within 50' of one of the walls of the principal building. 5. The area covered by the letters or cutouts may not exceed 1/3 of the area of the permitted freestanding sign for the site. 6. The letters and cutouts may not be internally lit or backlit and may only be illuminated by indirect lights such as a spotlight or floodlight. The above are all possible options which the Council may wish to consider in narrowing the focus of the ordinance or attempting to deal with aesthetic concerns within the confines of our existing ordinance structure. The City Council may have other suggestions as well which could be fit into a proposed ordinance amendment. It is recommended that the City Council review all of the various options and then give direction to the staff in terms of a possible ordinance amendment. Mh CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 34 of the City Ordinances regarding wall and freestanding signs in the C2, I -1 and I -2 zoning districts. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING WALL AND FREESTANDING SIGNS IN THE C2, I -1 AND I -2 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: SECTION 34 -140. PERMITTED SIGNS. 3. Permitted Signs Requiring a Permit a. Commercial (C2) and Industrial (I -1 and I -2) Districts 1. Wall Signs and Projecting Signs. a. Individual Establishments Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have wall signs and projecting signs on each wall, provided the aggregate area of such signs does not exceed [30] 15% of the area of the wall supporting the signs. b. Clustered Establishments Attached establishments or enterprises clustered in a shopping center complex or in a multitenant office or industrial building may have wall signs and projecting signs subject to the following: ORDINANCE NO. i. Each establishment or enterprise may have such signs on each of its exterior walls, provided the aggregate area of such signs does not exceed [30] 150 of the wall supporting the signs; ii. In lieu of the above, the aggregate of the establishments or enterprises may have a wall or projecting sign on each wall identifying the tenants collectively, or identifying the complex or building; provided the area of each sign does not exceed [30] 15% of the area of the wall supporting it. 2. Freestanding Signs d. Wall /Freestanding Sign Tradeoff An individual or a clustered establishment shall be entitled to one extra freestanding identification sign of not more than one half the height and area of the normally Permitted freestanding sign(s) if that establishment shall agree in writing to forego all permitted wall signs. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) r _ r AKING • I -' '— — nAietnnd strR�ltle w»ne I II o■wR lea � I I I 1 1 ' EXISTING BANK BUILDING I I - � I � � - _ ' PROPOSED BANK EXPANSION /9 rieAJ IT o I R - �K Owl �T1I I .tUlAlrttU1 PAYND knA� I N PLANNING AND (� DESIGN INC PARKING INFORMATIOM MR1�y� �.. �... .� PARKING 11 •• TO Al FAAAlMfJ �1 MONTH ACCESS. ROAD Il,1EOING INFORMATION MN. PARKING SPACTS RTQ'O [UST. MAIN uvn 1111 IF • 0.1 FIR IOOC 11 SIT PLAN LUST. IOwIR uvn Ier1 IF 0 1 FIR Iacl II 1�10 I AMSION VP1 11 5.1 FI It@$ 11 M TOTAL tF11R IF 1P INTIRI IUISDIMO TO 01 I14NA110 - AN �/ / , // , / /, M413rquuttu NIP Brook SIQNS INC. FLAT CUTOUT ALUMINUM LETTERS STUD MOUNTED TO BLOCK WALL BAKED ENAMEL FINISH (OPTION ANODIZED BLACK BRONZE) 0 CITY OF BROOKLYN CENTER Council Meeting Date December 16, 1991 Agenda Item Number �on 40 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE ADDING SECTIONS 23 -601 THROUGH 23 -633 TO THE CITY ORDINANCES RELATING TO PAWNBROKERS AND SECONDHAND DEALERS DEPT. APPROV Ja s Li dsay, Chief of Pol' MANAGER'S R.EVIEW/RECOMME ATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached yes ) • The police department has been made aware that the management from Humboldt Square Shopping Center is negotiating to lease space to a pawn shop that is currently operating in the City of Golden Valley. It is my understanding that the negotiations are hung up on the point of the license fee Brooklyn Center will charge if a pawn shop ordinance is enacted. The pawn shop people are asking for a clause that will allow them to opt out if they feel the license fee is excessive. I have not been informed if this matter has been resolved by the parties. The attached proposed ordinance is presented for your consideration and review. The proposed ordinance has been reviewed by the City Attorney, and does reflect the concerns that he raised regarding this ordinance. Attached also is a survey of license fees and investigation fees for pawn shops and secondhand stores. I have reviewed how the department would administer the license on a day -to -day basis. Without knowing the actual volume that the shop would generate, I anticipate it would cost the police department somewhere in the area of eight to twelve thousand dollars per year to administer the license. This includes the monitoring of all transactions by the shop on a daily basis by a department employee. The attached list also includes a survey of investigation fees for the background investigations for new licenses or changes in the license holder. There are three ways this can be addressed. One is a flat fee, one Is charging the actual costs of the investigation or a combination of the two. Currently, liquor license investigations have been actual costs and this has proved more equitable than the set fee. RECON1NIENDED CITY COUNCIL ACTION The attached is submitted for review and consideration by the City Council. I �17 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 11 regarding Charitable Gambling Regulations in On -Sale Liquor establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE ADDING SECTIONS 23 -601 THROUGH 23 -633 TO THE CITY ORDINANCES RELATING TO PAWNBROKERS AND SECONDHAND DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Code of Ordinances of the City of Brooklyn Center is hereby amended by adding new Sections 23 -601 through 23 -633 as follows: Section 23 -601. DEFINITIONS For the purpose of Sections 23- 601 through 23 -633 the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price or who loans money secured by chattel mortgage on personal property, taking Possession of the property or any part so mortgaged 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal Property (excluding motor vehicles) previously used rented, owned or leased. Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not ap to or include the following. pp y 1. The sale of secondhand goods where all the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; c. That no sale exceeds a sale of 72 consecutive hours; J. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer. 3. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales by a licensed automobile dealer. 7. Firearms including antique firearms sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales. 8. Sales made by the sheriff or other public officials in the discharge of their official duties. 9. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. Section 23 -603. LICENSE REQUIRED. No person may engage in the business of a secondhand goods dealer or pawnbroker without first having obtained a license. Subdivision 1 Separate Licenses Required: A pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. A secondhand goods dealer may not conduct, operate or engage in the business of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license. Section 23 -604. MULTIPLE DEALERS. The owners of a business at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers, may obtain a multiple secondhand goods dealer license for that location A multiple license may not be issued unless the following requirements are met: 1. The business must have a single name and address; 2. The business must operate in a compact and contiguous space as specified in the license; 3. The business must be under the unified control and supervision of the one person who holds the license; 4. Sales must be consummated at a central point of register operated by the owner of the business and the owner must maintain a comprehensive account of all sales Subdivision 1. Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section. Section 23 -605. LICENSE FEE. Subdivision 1. Pawnbroker: The annual fee for a Pawnbroker shall be set by the city council by resolution. Subdivision 2. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer, not a Pawnbroker, shall be set by the council by resolution Subdivision 3. Multiple Sales: The annual license fee for a secondhand goods dealer for a location where more than one secondhand goods dealer is engaged in business shall be set by the council. Subdivision 4. In addition to the annual fee the City Council may establish, by resolution an investigation fee to be paid upon initial application and upon any change in ownership. Change in ownership shall include in the case of a partnership, a change in identity of any partner and in the case of a corporation, a change in ownership of more than five percent of shares. Section 23 -606. APPLICATION. Subdivision 1. Contents: A license applicant must 0 complete an application form provided by the chief of police. The application must be in a form and request information of the applicant as determined by the chief of police. Subdivision 2. Execution: If the applicant is a natural person, the application must be signed and sworn by the person; if a corporation by an agent authorized to sign; if a partnership, by a partner. Subdivision 3. Fees: The application must be accompanied by the required license fee and the established fee for investigation. The annual license fee, but not the investigation fee will be returned to the applicant if the application is rejected or denied. Subdivision 4. False Statements: It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties the license may be subsequently revoked by the city council for violation of this section. Section 23 -607. BOND A pawnbroker or secondhand goods dealer license will not be issued unless the applicant files with the city clerk a bond with corporate surety, cash or a United States government bond in the amount of $5,000 for a pawnbroker license or $5,000 for a secondhand goods dealer license The bond must be conditioned on the licensee obeying the laws and ordinances g overning the licensed business and paying all fees taxes penalties and other charges associated with the business The bond must provide that it is forfeited to the city upon violation of law or ordinance. Section 23 -608. SITE PLAN. Subdivision 1 The application for a pawnbroker or secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated b. A survey. C. The exact location of the license premise on the property, customer and employee parking areas access onto the property, and entrances into the premises. d. The location of and distance from the nearest church, school, hospital and residence. e. A floor plan of the license premises. Section 23 -609. INVESTIGATIONS. Subdivision 1. Conduct: The city, prior to granting of an initial or renewed pawnbroker or secondhand goods dealer license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The chief of police must verify the facts stated in the application and must report all convicted violations of state federal or municipal law involving the applicant interested Persons, or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each original application for a license the applicant shall pay in full an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable Subdivision 3. At any time that an additional investigation is required because of a license renewal, a change in ownership or control of the licensee or because of an enlargement alteration or extension of 0 premises previously licensed the licensee shall pay an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable The investigation fee shall accompany the application Section 23 -610. PUBLIC HEARING A pawnbroker or secondhand goods dealer license will not be issued without a public hearing Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing The public hearing must be preceded by a 10 -day published notice specifying the location of the proposed licensed business premises Section 23 -611. GRANTING OF THE LICENSE. After review of the license application investigation report and public hearing the city council may grant or refuse for one or more of the reasons set forth in Section 23 -627 the application for a new or renewed pawnbroker or secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 -612. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A pawnbroker or secondhand goods dealer license will not be issued to: a. A person who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; b. A person under 18 years of age; C- Subject to the provision of law, a person has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) years of the license application date had a pawnbroker or secondhand goods dealer license revoked; e. A person who the city council determines not to be of sufficient good moral character or repute; f. If the city council determines after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect public health, safety or welfare. Section 23 -613. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school or church; c. Where operation of a licensed premise would violate zoning ordinances or; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 23 -614. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section 23 -615. TERMS; EXPIRATION; PRO RATA FEE. The license is issued for a period of one (1) year beginning on January 1 except that if the application is made during the license year, a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. Section 23 -616. LICENSE REFUND. The city council may, in its judgement, refund a pro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to operate because of destruction or damage; b. The licensee dies; C. The business ceases to be lawful for a reason other than license revocation; d. The licensee ceases to carry the licensed business under the license. Section 23 -617. DEATH OF A LICENSEE. In the case of the death of a licensee the rsonal representative of the licensee .p P may continue o Brat' s lon of the business for not more than 90 da --�' p Y after the licensee's death. Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, at the time of receipt of an item must immediately record, in ink or other indelible medium in the English language in a book or word processing unit the following information: a. An accurate description of the item including but not limited to, any trademark identification number, serial number, model number, brand name and /or other identifying mark(s) on such item; b. The purchase price; c. Date, time and place of receipt; d. Name, address, phone number and date of birth of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller; Valid picture driver's license; _(2)_ Official state photo identification, passport or military I.D. f. The books, as well as the goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. Section 23 -619. DAILY REPORTS. For the following items regardless of resale price a secondhand goods dealer or pawnbroker must make out on forms approved by the police department and send daily by mail or courier to the police department a legible description of the goods received during the preceding day, together with the time received and a description of the individual from whom the goods were received a. Items with a serial number, or other personal identification number or symbol or items from which such number or symbol has been or may have been removed, altered or obliterated; b. Cameras; C. Electronic audio or video equipment; d. Precious jewelry or gems and precious metals; e. Artist signed or artist attributed works of art; f. Guns and firearms; 9-- Items not included in the above, except furniture and kitchen or laundry appliances which the secondhand goods dealer or pawnbroker intends to sell for more than $200. Section 23 -620. STOLEN GOODS A licensed pawnbroker or secondhand goods dealer must report to the police any article pledged or received or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. Section 23 -621. HOLDING An item received by a secondhand goods dealer or pawnbroker for which a report to the police is required may not be sold or otherwise transferred for a period of 12 _days after the date of such report to the police However, an individual may redeem an item pawned 72 hours after the item was received on deposit excluding Sundays and legal holidays Section 23 -622. RECEIPT. A licensed secondhand goods dealer or pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The address and telephone number of the business; b. The date; C. A description of the items purchased; d. The purchaser's or co- signee's signature. Section 23 -623. POLICE ORDERS If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police or court order. Said notification if verbal should be followed by a written order within 72 hours setting forth the item to be held and the reasons therefore. Section 23 -624. WEAPONS. Subdivision 1. A licensed pawnbroker or secondhand goods dealer may not receive as a pledge or otherwise accept for consignment or sale any revolver, pistol rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed pawnbroker or secondhand goods dealer may not receive as pledge or otherwise accept for consignment or sale any sawed -off shotgun automatic rifle, blackjack switchblade knife or other similar weapons or firearms. Section 23 -625. HOURS OF OPERATION From 9 p.m. Saturday to 7 a.m. Monday no property shall be received as a pledge on consignment or purchased by an pawnbroker or secondhand goods dealer; nor shall any property be sold during said hours by any Pawnbroker or secondhand goods dealer, nor any other day before 7 a.m. nor any other day after 9 p.m. Further, no pawnbroker or secondhand goods dealer shall be open for business on Christmas Day or Thanksgiving Day. Section 23 -626. PROHIBITED ACTS. Subdivision 1. Minors: A minor may not sell or consign or attempt to sell or consign, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Section 23 -627. LICENSE DENIAL, SUSPENSION OR REVOCATION A license under this section may be denied suspended or revoked by the city council after a public hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons: a. The operation of the business is in conflict with any provision of this ordinance; b. The operation of the business is in conflict with any health, building maintenance zoning or other provision of this ordinance or law; C. The licensee or the business - remise fails to conform with the standards for license application contained in this section; d. The licensee has failed to comply with one or more Provisions of this section or any statute rule or ordinance pertaining to the business of pawnbroker or secondhand goods dealer; e. Fraud, misrepresentation or bribery in securing a license; f. Fraud, misrepresentation or false statements made in the course of the applicant's business; g_ Subject to the provisions of law, the licensee has been convicted of any state or federal law relating to receiving stolen property sale of stolen property or controlled substances burglary, robbery, theft damage or trespass to property, operation of a business or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer. Section 23 -628. REDEMPTION. A_person who pawns an item shall have at least 120 days to redeem the item before it may be sold Section 23 -629. PAYMENTS BY CHECK When a secondhand goods dealer or pawnbroker makes payment for an item pledged or received at the license place of business payment must be made by check made payable to the named payee who is actually the intended seller. Section 23 -630. INSPECTIONS Any peace officer or a properly designated employee of the city or the state of Minnesota may enter, inspect and search business premises licensed under this section, during normal business hours without a warrant Section 23 -631. COUNTY LICENSE Secondhand goods dealers and Pawnbrokers dealing in precious metals and gems must be licensed by Hennepin County in addition to the city license Section 23 -632. SEVERABILITY If any part of this ordinance shall be adjudged to be invalid by a court of competent - jurisdiction such judgment or decree shall not affect or impair the remainder of this ordinance. Section 23 -633. PENALTIES Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 199 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) SURVEY OF PAWN SHOP /2ND HAND GOODS #ICENSE FEES /BOND FEES/HOLDING PERIOD INVESTIGATION PAWN SHOP 2ND HAND GOODS) HOLDING CITY FEE LICENSE FEE LICENSE FEE BOND PERIOD $100.00 (1991) j $500.00 (1992) ANOKA j S-50.001 $1,000.00 (1993) $500.001 $5,000.00 30 DAYS BLOOMINGTON! $1,500.00 $1,500.00 NO LIC FEE NO BOND I 30 DAYS E BROOKLYN $1,000.00 (1991) PARK $500.00 + COSTS $5,200.00 1992) $2.50.001 $3,000.00 150 DAYS i CHAMPLIN $250.00 NON —RES $12,000.00 $1,000.00 $5,000.00 120 DAYS $500.00 (METRO) CRYSTAL $750.00 OUTSTATE $500.001 $200.001 $8,000.00 EDEN PRARIE NO ORDINANCE NO ORDINANCE j NO ORDINANCE NO ORDINANC NO ORDINANCE NO ORDINANCE NO ORDINANCE NO ORDINANCE NO ORDINANC NO ORDINANCE ED INA RESTRICTED BY ZONING RFSMI= BY ZONING RESTRIC= BY ZONING RESTRICTED BY ZOI ING RESTRICIID BY ZO \ZNG I I i ELK RIVER $50.001 $1,750.00 $1,750.00 $1,000.00 30 DAYS OLDEN LLEY $1,500.00 $12,000.00 NEED PAWN LIC $5,000.00 HOPKINS $.500.00 + COSTS $3,500.00 NO LIC FEE $5,000.00 30 DAYS MAPLE GROVE NO ORDINANCE NO ORDINANCE NO ORDINANCE NO ORDINANCI. NO ORDINANCE MINNEAPOLIS $59.00 + $59.00 $369.00 $12.5.00 $5,000.00 120 DAYS I MINNETONKA NO ORDINANCE NO ORDINANCE NO ORDINANCE NO ORDINANCE NO ORDINANCE I NEW HOPE NO ORDINANCE NO ORDINANCE NO ORDINANCE NO ORDINANCE NO ORDINANCE' I $500.00 (1991) $500.00 (1991) 'PLYMOUTH $1,500.00 1992 $12,000.00 1992 $12,000.00 $5,000.00 30 DAYS RICIIFIELD $1,200.00 $1,500.00 $300.00 $1,500.00 60 DAYS .I i I ROBBINSDALE NO FEE $7,500.00 $200.00 $5,000.00 120 DAYS , I ST. LOUIS PARK NO FEE $100.00 NEED PAWN LIC NO BOND 30 DAYS I AVERAGE OF MOSL' iC AT HAVE A I'M "I.I.DING PERIOD1 $ 720.00 $4,494.00 $1,814.00 $ 4,409.00 68 DAYS': City requires Pawnbrokers to have a 2nd hand goods license as well CITY OF BROOKLYN CENTER Council Meeting Date December 16, 1991 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1992 PAY PLAN AND 1992 COLLECTIVE BARGAINING AGREEMENTS DEPT. APPR erald ter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Commen below /attached SUMZVIARY EXPLANATION: (supplemental sheets attached ) • Attached please find a copy of the 1992 proposed compensation plan for Brooklyn Center. We are recommending a general salary increase of 299o' and additional $20 per month employer health insurance contribution. In review of other community salary increases for 1992 the pattern appears to be in a range of salary increase from 2.75% to slightly above 39o. The same communities are giving increases in monthly employer health insurance benefit contributions of amounts ranging from $15 a month to as high as $40 per month. Attached you will also find summaries of tentative agreements with Public Works Local #49 and Police Law Enforcement Labor Services Local #82 1992 contracts. Each of these sheets summarizes the changes to the current labor contract. Basically the settlements for both contracts are 2.9% on salaries and $20 per month increase on employer contribution health insurance benefits. It also documents other changes in the contracts. The Police local has voted on and approved the tentative agreement. I would expect the Public Works local will be voting on the contract prior to Monday night's meeting and I will have word of their acceptance or rejection at the Council meeting. The documents submitted assume acceptance by Local #49. Should they reject the offer we can delete their section from the compensation plan. In accordance with previous Council instructions the attached 1992 proposed compensation plan provides schedule increases of 2.9% for all salary schedules except the Executive Salary Schedule which remains at the 1991 level pending a consultant analysis of the executive pay ranges. It also provides authority for the City Manager to increase individual salaries for employees on the Executive Salary Schedule up to 2.9 %. RECONIMENDED CITY COUNCIL ACTION We recommend the Council's favorable consideration of the resolution approving the 1992 Pay Plan and a motion authorizing acceptance and signature of the 1992 contract settlements for Local 40 #49 and Local #82. • TENTATIVE AGREEMENT CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICE LOCAL NO. 82 • Add 2.9% to all police officer pay grades. • Add $10.00 to Sergeant differential monthly pay rate. • Add $5.00 to Investigator differential monthly pay rate. • Increase employees health benefits $20.00 per month. • Increase plainclothes officer clothing allowance $50 per year. • Add one holiday to premium pay. • Proposed Canine Language • The canine officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. • The canine officer will receive 45 minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. • When the officer uses time off, (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to 1 /2 hour less than whole shift and be paid for whole shift. • When the officer uses holiday time for any would scheduled shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. • When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours; he must take the actual time used in leave time. • When the dog is out of the care of the canine officer the above does not apply. TENTATIVE AGREEMENT CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 • One year agreement. • Add 2.9 % to all Local No. 49 pay rates. • Increase employer health insurance contribution by $20 per month. • Add the following statement to the grievance procedure section: If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. • Add "transfers" to the job posting section of the labor agreement. • Amend the sick leave section to comply with state law regarding use of sick PY g g leave for sick child care. • Delete classification section used in past years when bargaining jointly with other cities. • Add language allowing seasonal /temporary employees' wages to be established by the City. • Add standby pay for public utilities for week nights (one hour of overtime for each week night on standby) . MASTER LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49, AFL -CIO JANUARY 1, 1992 - DECEMBER 31, 1992 TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT 1 iI RECOGNITION 2 III DEFINITIONS 2 IV SAVINGS CLAUSE 3 V UNION SECURITY 3 VI EMPLOYER SECURITY 4 VII EMPLOYER AUTHORITY 4 VIII EMPLOYER RIGHTS - GRIEVANCE PROCEDURE 5 IX SENIORITY 10 X DISCIPLINE 11 XI PROBATIONARY PERIODS 11 XII WORK SCHEDULES 12 XIII OVERTIME PAY 13 XIV CALL BACK 13 XV SAFETY 13 XVI JOB POSTING 14 XVII LEGAL DEFENSE 14 XVIII RIGHT OF SUBCONTRACT 15 XIX SCOPE OF AGREEMENTS 15 XX WAIVER 15 XXI DURATION 16 APPENDIX A - WAGES AND INSURANCE A -1 APPENDIX B - LOCAL ADDENDUM B -1 i LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Brooklyn Center hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL -CIO, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish • certain hours, wages and other conditions of employment, 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. -1- ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all EMPLOYEES in the job classifications listed below who are public EMPLOYEES within the meaning of Minn. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other. EMPLOYEES: Mechanic, Maintenance I, Maintenance II, and Night Service Person. ARTICLE III DEFINITIONS 3.1 UNION The International Union of Operating Engineers, Local No. 49, AFL -CIO. 3.2 EMPLOYER The individual municipality designated by this AGREEMENT. 3.3 UNION MEMBER A member of the International Union of Operating Engineers, Local No. 49, AFL -CIO. 3.4 EMPLOYEE A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special allowance. 3.6 SENIORITY Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. EMPLOYEES who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. -2- 3.7 SEVERANCE PAY Payment made to an EMPLOYEE upon honorable termination of employment. 3.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty - four (24) hour period (except for shift changes) or more than. forty (40) hours within a seven (7) day period. 3.9 CALL BACK Return of an EMPLOYEE to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE IV SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE V UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 5.1 Deduct each payroll period an amount sufficient to provide -3- the payment of dues established by the UNION from the wages of all EMPLOYEES authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the UNION. 5.3 The UNION may designate certain EMPLOYEES from the bargaining. unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 5.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE VI EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE VII EMPLOYER AUTHORITY 7.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish -4- work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 7.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VIII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 8.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 8.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 8.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed -5- a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 8.4 PROCEDURE Grievances, as defined by Section 8.1, shall be resolved in conformance with the following procedure: Step 1 . An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER - designated representative's final answer in Step 1. Any grievance not appealed -6- in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 2 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 3 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER - designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) -7- calendar days shall be considered waived. Step 4 . A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10 ) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5 . A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 8.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so -8- submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 8.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not -9- appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 8.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an EMPLOYEE who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE VIII the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VIII. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be utilized - -Step 5 of ARTICLE VIII or another appeal procedure - -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 5 of ARTICLE VIII. ARTICLE IX SENIORITY 9.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job - relevant -10- qualification factors are equal. 9.2 Seniority will be the determining criterion for recall when the job- relevant qualification factors are equal. Recall rights under this provision will continue for twenty -four (24) months after lay off. Recalled EMPLOYEES shall have ten (10) working days after notification of recall by registered mail at the EMPLOYEE'S last known address to report to work or forfeit all recall rights. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline EMPLOYEES only for just cause. 10.2 An EMPLOYEE(S) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the EMPLOYEE(S) unless the EMPLOYEE(S) is given the opportunity to have a UNION REPRESENTATIVE present at the interview to act as a witness for the EMPLOYEE(S). ARTICLE XI PROBATIONARY PERIODS 11.1 All newly hired or rehired EMPLOYEES will serve a six (6) months' probationary period. 11.2 All EMPLOYEES will serve a six (6) months' probationary period in any job classification in which the EMPLOYEE has not served a probationary period. 11.3 At any time during the probationary period a newly hired or rehired EMPLOYEE may be terminated at the sole discretion of the EMPLOYER. -11- 11.4 At any time during the probationary period a promoted or reassigned EMPLOYEE may be demoted or reassigned to the EMPLOYEE'S previous position at the sole discretion of the EMPLOYER. ARTICLE I E XII WORK SCHEDULES 12.1 The sole authority of work schedules is the EMPLOYER. The normal work day for an EMPLOYEE shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 12.2 Service to the public may require the establishment of regular shifts for some EMPLOYEES on a daily, weekly, seasonal, or annual basis other than the normal 8:00 - 4:30 day. The EMPLOYER will give seven (7) days advance notice to the EMPLOYEES affected by the establishment of work days different from the EMPLOYEE'S normal eight (8) hour work day. 12.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an EMPLOYEE working other than the normal work day be scheduled to work more than eight (8) hours; however, each EMPLOYEE has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the EMPLOYEE from so working. 12.4 Service to the public may require the establishment of -12- regular work weeks that schedule work on Saturdays and /or Sundays. ARTICLE XIII OVERTIME PAY 13.1 Hours worked in excess of eight (8) hours within a twenty - four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (1 -1/2) times the EMPLOYEE'S regular base pay rate. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by EMPLOYEES will for record purposes under ARTICLE 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XIV CALL BACK An EMPLOYEE called in for work at a time other than the EMPLOYEE'S normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the EMPLOYEE'S base pay rate. ARTICLE XV SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage EMPLOYEES to work in a safe manner. -13- ARTICLE XVI JOB POSTING 16.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants: 16.11 have the necessary qualifications to meet the standards of the job vacancy; and 16.12 have the ability to perform the duties and responsibilities of the job vacancy. 16.2 EMPLOYEES filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XI (PROBATIONARY PERIODS). 16.3 The EMPLOYER has the right of final decision in the selection of EMPLOYEES to fill posted jobs based on qualifications, abilities and experience. 16.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XVII LEGAL DEFENSE 17.1 EMPLOYEES involved in litigation because of negligence, ignorance of laws, non - observance of laws, or as a result of EMPLOYEE judgmental decision may not receive legal defense by the municipality. 17.2 Any EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal offense arising from acts -14- �I performed within the scope of the EMPLOYEE' S employment, when such act is performed in good faith and under direct order of the EMPLOYEE'S supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such EMPLOYEE in defending against such charge. ARTICLE XVIII RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by EMPLOYEES covered by this AGREEMENT. ARTICLE XIX SCOPE OF AGREEMENTS No addendum to this MASTER AGREEMENT can be in conflict with this MASTER AGREEMENT. ARTICLE XX WAIVER 20.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 20.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this -15- AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXI DURATION This AGREEMENT shall be effective as of January 1, 1992, and shall remain in full force and effect until the 31st day of December 1992 -16- IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 199_. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO Business Manager President Recording Secretary Business Representative Business Representative FOR THE CITY OF BROOKLYN CENTER -17- APPENDIX A WAGES AND INSURANCE A -I WAGE SCHEDULE The following wage schedule will be in effect from the first payroll period in 1992 through the last payroll period in 1992: MAINTENANCE III . . . . . . . . . . . . . . . . . . . . $14.41 per hour MAINTENANCE II . . . . . . . . . . . . . . . . . . . . $13.87 per hour Step 3 . . . . . . . . . . . . . . . . . . . . . . . . $12.91 per hour Step 2 . . . . . . . . . . . . . . . . . . . . . . . . $11.95 per hour Step 1 . . . . . . . . . . . . . . . . . . . . . . . . $10.98 per hour Beginning . . . . . . . . . . . . . . . . . . . . . . . $10.01 per hour MECHANIC . . . . . . . . . . . . . . . . . . . . . . . $14.45 per hour NIGHT SERVICE PERSON . . . . . . . . . . . . . . . . . $13.64 per hour WELDING . . . . . . . . . . . . . . . . . . . . . . . . $14.17 per hour CREW LEADER. . . . . . . . . An EMPLOYEE assigned in writing by the department head to assist a supervisor as a crew leader shall be paid $14.58 per hour while performing such duties. The EMPLOYER reserves the unilateral right to renegotiate the item of wages for calendar year 1991 if changes are made in the text or interpretation of the State of Minnesota Pay Equity Act or related legislation which, in the opinion of the EMPLOYER'S City attorney, make it necessary or expedient to renegotiate wages to comply or attempt to comply with the requirements of law. A -II SEASONAL /TEMPORARY EMPLOYEES EMPLOYEES employed by the EMPLOYER on a seasonal /temporary basis for no more than 180 calendar days per calendar year either in a full -time or part -time capacity (more than 14 hours per week) will be compensated as determined by the EMPLOYER for the term of this employment. Such employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. A -III WORKING OUT OF CLASSIFICATION PAY a. EMPLOYEES required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE III rate of pay for those hours assigned to the unit: A -1 Caterpillar 12F Grader - Unit #12 GMC Elgin Sweeper - Unit #43 Bros SP3000 10 12 Ton Roller - Unit #18 Caterpillar #950B Fr End Loader - Unit #15 Caterpillar Fr End Loader Model 930 - Unit #13 Ford Backhoe 24 In Bucket - Unit JJ49 -A John Deere Crawler Dozer - Unit #55 Elgin Pelican Americana Sweeper - Unit YJ28 Dragline (rental units) Oil Distributor - Unit #14 b. EMPLOYEES required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE II rate of pay for those hours assigned to the unit: Backhoe Under 15'Reach Blacktop Paver Bobcat - Bombardier or MT Trackless (or similar type units) Boom Truck Boom Truck - 30' and over Brush Chipper Cement Mixer Chip Spreader /Self - propelled Paint Striper - Truck Mounted Sewer Cleaner, Hydraulic and vacuum Steam Boiler Tandems Tree Spade Trucks - 10 Ton, 4 WD Trucks - Single - Axle Over 24,000 GVW Any vehicle requiring a State of Minnesota "CDL" Operators License C. EMPLOYEES assigned by the EMPLOYER to Utility Operator will be paid the wage rate of the job classification to which the EMPLOYEE is assigned. A -IV INSURANCE a. The EMPLOYER will contribute up to a maximum of two hundred eighty dollars ($280.00) per month per EMPLOYEE for group health and life insurance including dependent coverage for calendar 1992. b. By mutual agreement, EMPLOYEES may use twenty dollars ($20.00) of the per month per EMPLOYEE of health insurance dollars in Section A -IVa. for dental insurance for all unit EMPLOYEES. C. EMPLOYEES not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by EMPLOYEES at the EMPLOYEE'S expense to the extent allowed under the EMPLOYER'S group policy. A -2 d. Individual EMPLOYEES may provide for an increased EMPLOYER contribution for insurances over that amount stipulated by A -IVa. by lowering their salary from the rates stipulated in APPENDIX A to provide for an increased EMPLOYER contribution which will fully pay for the EMPLOYEE'S health, life, and dental insurance, including dependent coverage. A -3 APPENDIX B LOCAL ADDENDUM This supplementary ntar agreement is entered into between the City of Brooklyn Center PP Y g Y Y and the International Union of Operating Engineers, Local No. 49, AFL -CIO, for the period beginning January 1, 1992, and terminating on December 31, 1992, unless renewed or extended by mutual agreement of the parties. Nothing in this supplementary agreement may be in conflict with any provision of the MASTER AGREEMENT between the City of Brooklyn Center and IUOE, Local No. 49, AFL -CIO. In the event of conflict the MASTER AGREEMENT will prevail. B -I RELIEF AND MEAL PERIODS a. Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each EMPLOYEE'S shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. b. Each EMPLOYEE shall be authorized one unpaid thirty (30) minutes meal P per er shift. B -II SICK LEAVE I a. Eligibility Sick leave with pay shall be granted to probationary and permanent EMPLOYEES at the rate of eight hours for each calendar month of full -time service or major fraction thereof. b. Usaze Sick leave may be used normally for absence from duty because of personal illness, injury, or legal quarantine of the EMPLOYEE, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the EMPLOYEE. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the EMPLOYEE. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the EMPLOYEE'S spouse when the EMPLOYEE'S supervisor determines that the situation requires the EMPLOYEE'S presence. The four (4) special use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the EMPLOYEE'S normal sick leave accumulation. Supervisors may approve the use of sick leave for the care of the EMPLOYEE'S children pursuant to Minnesota State Statute. c. Accrual Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated and at the rate of four hours per month after the 960 hours have been accumulated. EMPLOYEES using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due EMPLOYEES during sick leave. B -1 d. Procedure In order to be eligible for sick leave with pay, EMPLOYEES must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. 3. Furnish a statement from a medical practitioner upon the request of the EMPLOYER where the EMPLOYER has reason to believe that an EMPLOYEE has abused or is abusing sick leave. e. Misuse Prohibited EMPLOYEES claiming sick leave when physically fit, except as otherwise specifically authorized in ARTICLE B -II, b shall be subject to disciplinary action up to and including discharge. B -III SEVERANCE PAY Severance pay in the amount of one -third the accumulated sick leave EMPLOYEES have to their credit at the time of resignation shall be paid to EMPLOYEES who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. B -IV VACATION LEAVE a. Amount Permanent EMPLOYEES shall earn vacation leave at a rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Permanent EMPLOYEES with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent EMPLOYEES with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. EMPLOYEES using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. b. Usage Vacation leave may be used as earned, except that the EMPLOYER shall approve the time at which the vacation leave may be taken. No EMPLOYEE shall be allowed vacation leave until after satisfactorily completing his initial probationary period. EMPLOYEES shall not be permitted to waive vacation leave and receive double pay. C. Accrual An EMPLOYEE may accumulate no more than 200 hours of vacation in addition to the vacation leave the EMPLOYEE earns during the current calendar year. B -2 d. Termination Provisions EMPLOYEES leaving the service of the EMPLOYER in good standing, after having given the EMPLOYER proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. B -V HOLIDAY LEAVE a. Holidays Defined Holiday leave shall be granted for the following holidays: New Year's Day, January 1; Martin Luther King, Jr. Day_ third Monday in January; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post - Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the EMPLOYEE'S supervisor. In the event this AGREEMENT is not entered into by January 15, 1990, in 1990, one additional floating holiday shall be granted in lieu of Martin Luther King, Jr. Day, to be scheduled with permission of the EMPLOYEE'S supervisor. b. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. EMPLOYEES' absence from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the EMPLOYER shall forfeit rights to holiday pay for that holiday. C. EMPLOYEES working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one -half for the hours worked in addition to the base pay rate. B -VI COVERALLS a. The EMPLOYER will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by EMPLOYEES, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the EMPLOYER. Mechanics shall be provided coveralls. B -VII STANDBY PAY a. Public Utility EMPLOYEES who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five (5) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility EMPLOYEES who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of B -3 overtime pay for each week night served in such status. Public Utility EMPLOYEES who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the EMPLOYEE is entitled to under this AGREEMENT. B -VIII PART -TIME EMPLOYEE BENEFITS Part -time EMPLOYEES shall not be eligible to receive fringe benefits under this AGREEMENT. CITY OF BROOKLYN CENTER FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49: DATED DATED B -4 CITY DEPARTMENT OF FINANCE (ALM B ROOK CENTER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Department of Finance DATE: December 13, 1991 SUBJECT: 1992 CITY PAY PLAN The 1992 Proposed City Pay Plan is attached. Generally, it is the 1991 Pay Plan increased by 2.9% and an addition of $20 per month towards the maximum insurance contribution for employees. Specifically, the following changes were made to the 1991 Pay Plan to create the 1992 Pay Plan: I. Deleted one supervisor of streets and parks maintenance and one Maintenance II position from the Plan per the 1992 Budget. 2. Left the Executive Positions Schedule at 1991 levels and authorized the City Manager to pay to a maximum of 2.9% increases to executives. 3. Increased Grade S1A Progression Step by 2.9% on Professional Positions Monthly Salary Schedule. (The rest of the schedule is then automatically updated by approximately 2.9%.) 4. Increased Part -time Fire Department positions by approximately 2.9 %. (Rounded to the nearest $5.) 5. Increased Grade TIA Progression Step by 2.9% on Technical and Secretarial Positions Hourly Schedule. (The rest of the schedule is then automatically updated by approximately 2.9 %.) 6. Updated Police Officers Plan per 1992 tentative agreement. (2.9% increase.) 7. Updated Local No. 49 Public Works Plan per 1992 tentative agreement. (2.9% increase.) 8. Increased Part -time Liquor Stores Hourly Rate Schedule for steps D and higher by approximately 2.9% (rounded to nearest five cents) for Clerks and Cashiers. Increased step C for Cashier /Office Assistant by approximately 2.9% (rounded to the nearest five cents). 9. Increased monthly maximum City contribution for group insurance for all employees by $20 (to $280 per month). 10. Increased the City Manager's salary by 2.9 %. 11. Increased automobile mileage reimbursement for employees from 25.5 cents per mile to 27.5 cents per mile to reach amount allowable by I.R.S. Paul W. Holmlund, Director (AAPC7RSW) Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1992 ---------------------------------------------------------------- WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the 1984 Minnesota Pay Equity Act requires every political subdivision to establish "equitable compensation relationships" between its employees; and WHEREAS, the City Council has reviewed the 1992 Employee Position and Classification Plan; and WHEREAS, the 1992 Employee Position and Classification Plan meets the requirements of establishing "equitable compensation relationships ". and WHEREAS, the 1992 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1992 Employee Position and Classification Plan provides for pay increases awarded for improvements in job performances; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1992 by adoption of the attached Position and Classification Plan (Schedules A through K) for the calendar year 1992 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that Schedule B (Executive Plan) shall remain at the 1991 level of compensation until an analysis of the executive plan has been completed; and BE IT FURTHER RESOLVED that the City Manager is authorized to pay salary increases to executives in this plan to a maximum of 2.9% until the study is completed and the schedule is revised; and BE IT FURTHER RESOLVED that the City Manager may move an individual employee to pay grades in the attached Position and Classification Plan (Schedules A through K), but he is limited to authorizing increases due to Pay Equity Act compliance by the Annual Budget constraints adopted by the City Council; and RESOLUTION NO. BE IT FURTHER RESOLVED that the 1992 City Employee Position and Classification Plan is approved and adopted because it is generally an equitable pay plan for City employees, however parts of the Plan were approved and adopted solely for the purpose of compliance with the mandate of Minnesota statutes, Sections 471.999; that adoption of said Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that said Plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1990 budget appropriations; and BE IT FURTHER RESOLVED that the City Manager be authorized to make interim appointments to fill vacant positions whenever a position is vacant because the regular employee is on leave of abscence, vacation leave, sick leave, or is absent for any other reason and to establish rates of pay for such appoint- ments consistent with the 1992 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1992; and Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconde member , and upon vote being taken thereon, the foll voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. (AAPC7CP) D D D ------------------------------------------------------------------------------------------ CITY OF BROOKLYN CENTER, MINNESOTA 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN EFFECTIVE JANUARY 1, 1992 ------------------------------------------------------------------------------------------ Adopted: Resolution No. 91- Amended: (AAPC7TC) U MMTO U CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN TABLE OF CONTENTS Contents Schedule Page ---------------------------------------- - - - - -- -- - - - - -- - - -- Positions Authorized A 1 -3 Executive Pay Plan B 4 Executive Pay Plan Conversion Schedule B -1 5 Executive Positions Salary Maximums B -2 6 Supervisory- Professional Pay Plan C 7 Supervisory- Professional Monthly Salary Schedule C -1 8 Supervisory- Professional Conversion Schedule C -2 9 Technical- Secretarial Pay Plan D 10 Technical - Secretarial Hourly Wage Schedule D -1 11 Technical- Secretarial Conversion Schedule D -2 12 Police Officers Pay Plan E 13 Local No. 49 Pay Plan F 14 Liquor Stores Part -Time Employee Pay Plan G 15 Employee Insurance Benefits H 16 City Manager Compensation Agreement I 17 -18 Personnel Expense Reimbursement Policy J 19 -20 Employee Training Policy K 21 k D CITY OF SALARIED PART- TIME PLAN SCHEDULE A AUTHORIZED POSITIONS EXEMPT ORGANIZATIONAL AUTHOR- ORGAN- FROM SALARY UNIT POSITION IZED IZED OVERTIME SCHEDULE -------- - - - - -- ------------------------------ - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- CITY MANAGER'S OFFICE: City Manager 1 No Yes -Exc B E.D.A Coordinator 1 No Yes -Adm C Personnel Coordinator 1 No Yes -Adm C E.D.A. Assistant Coordinator 1 No Yes -Adm C Administrative Assistant /Deputy City Clerk 1 No Yes -Adm C Administrative Secretary /Deputy City Clerk 1 No Yes -Adm C Administration /Elections Secretary 1 No No D Switchboard Operator /Receptionist 1 No No D ------------------------------------------------------------------------------------------ ASSESSING DEPARTMENT: Assessor I No Yes -Exc B Appraiser II 1 No Yes -Adm C Assessment Technician 2 No No D ------------------------------------------------------------------------------------------ FINANCE DEPARTMENT: Director of Finance /City Treasurer 1 No Yes -Exc B Assistant Director of Finance 1 No Yes -Adm C Management Information Systems Coordinator 1 No Yes -Adm C Staff Accountant 1 No Yes -Adm C Payroll /Personnel Technician I No No D Utilities Technician I No No D Accounting Technician 1 No No D Finance Secretary 1 No No D -- - - - - -- -Data Entry Operator---------------------------------1--------------------------D- --------------- GOVERNMENT BUILDINGS DIVISION: Maintenance Supervisor 1 No Yes -Adm C Maintenance Custodian 1 No No D Lead Custodian 1 No No D Custodian 1 No No D ------------------------------------------------------------------------------------------ FIRE DEPARTMENT: Fire Chief 1 No Yes -Exc B ------------------------------------------------------------------------------------------ POLICE DEPARTMENT: Police Chief /Civil Defense Coordinator 1 No Yes -Exc B Police Captain 3 No Yes -Adm C Police Sergeant 5 L #82 No E Police Officer 31 L #82 No E Administrative Assistant, Police 1 No Yes -Adm C Administrative Services Manager, Police I No Yes -Adm C Administrative Intern, Police 1 No No C Code Enforcement Officer 1 No No D Property Room Supervisor 1 No No D Public Safety Dispatcher 6 No No D Police Secretary 2 No No D Police Classification Operator 1 No No D Police Receptionist 1 No No D -1- _Owv%� D5 tj� ITO] N r 1992 Positions Authorized, Schedu e A, on inued: ------------------------------------------------- PLANNING AND INSPECTION DEPARTMENT: Director of Planning and Inspection 1 No Yes -Exc B Inspector /Building Official 1 No Yes -Adm C Inspector 1 No Yes -Adm C Planner 1 No Yes -Adm C Housing Inspector 1 No Yes -Adm C Planning and Inspection Secretary 1 No No D Planning and Inspection Receptionist 1 No No D ------------------------------------------------------------------------------------------ ENGINEERING DIVISION: Director of Public Works 1 No Yes -Exc B City Engineer 1 No Yes -Adm C Public Works Coordinator 1 No Yes -Adm C Engineering Technician IV 1 No No D Engineering Technician III 3 No No D Engineering Secretary 2 No No D ------------------------------------------------------------------------------------------ STREETS DIVISION: Public Works'Superintendent 1 No Yes -Adm C Supervisor of Streets and Parks Maintenance 1 No No C Maintenance II 11 L #49 No G Mechanic 3 L #49 No G Night Service Person 1 L #49 No G Public Works Dispatcher 1 No No D - -------------- ------ ----------- ---------------------------------------------------------- PARKS AND RECREATION DEPARTMENT: Director of Recreation 1 No Yes -Exc B Program Supervisor 3 No Yes -Adm C Aquatics Supervisor 1 No Yes -Adm C Maintenance II 6 L #49 No G Parks and Recreation Secretary 1 No No D ------------------------------------------------------------------------------------------ MUNICIPAL GOLF COURSE: Golf Course Manager 1 No Yes -Adm C ------------------------------------------------------------------------------------------ PUBLIC UTILITIES DIVISION: Supervisor of Public Utilities 1 No No C Maintenance II 7 L #49 No G ------------------------------------------------------------------------------------------ LIQUOR STORES DEPARTMENT: Liquor Stores Manager 1 No Yes -Exc B Supervisor, Retail 2 No Yes -Adm C ------------------------------------------------------------------------------------------ EARLE BROWN HERITAGE CENTER: EBHC Manager 1 No Yes -Adm C EDHC Maintenance Supervisor 1 No Yes -Adm C EBHC Salesperson 1 No Yes -Adm C EBHC Innkeeper 1 No Yes -Adm C EBHC Maintenance Custodian 1 No No D EBHC Secretary 1 No No D EBHC Receptionist 1 No No D ------------------------------------------------------------------------------------------ TOTAL PERMANENT FULL -TIME POSITIONS AUTHORIZED: 146 -2- U ® D 0 0 E 1992 Positions Authorized, Schedule A, Co t nu ------------------------------------------------ SCHEDULED PART -TIME POSITIONS AUTHORIZED: ---------------------------------------- FIRE DEPARTMENT: Assistant Fire Chief 1 No Yes -Vol C Senior Fire Training Officer 1 No Yes -Vol C Fire Training Officer 1 No Yes -Vol C Fire Inspector, Days 1 No Yes -Vol C Fire Inspector 4 No Yes -Vol C Fire Education Officer 1 No Yes -Vol C ------------------------------------------------------------------------------------------ LIQUOR STORES DEPARTMENT: Clerk /Stocker As Needed No No H Cashier As Needed No No H Cashier /Office Assistant 1 No No H -3- D D D (YYPC7B) Og E CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B EXECUTIVE POSITIONS ANNUAL SALARY SCHEDULE EXECUTIVE PLAN ----------------------------------------------------------------------------------------- RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT - - - - -- ------------------- - - - - -- --------- - - - - -- POSITION MINIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM --------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- City Manager $65,542 $73,253 $74,024 $77,108 $80,963 $81,734 $88,674 ----------------------------------------------------------------------------------------- Director of Public Works $53,707 $60,026 $60,658 $63,185 $66,344 $66,976 $72,663 ----------------------------------------------------------------------------------------- Director of Finance/ City Treasurer $49,938 $55,813 $56,400 $58,750 $61,688 $62,275 $67,563 ----------------------------------------------------------------------------------------- Chief of Police $48,641 $54,364 $54,936 $57,225 $60,086 $60,659 $65,809 ----------------------------------------------------------------------------------------- Director of Recreation $43,844 $49,002 $49,518 $51,581 $54,160 $54,676 $59,318 ----------------------------------------------------------------------------------------- Director of Planning and Inspection $43,374 $48,477 $48,987 $51,028 $53,579 $54,090 $58,682 ----------------------------------------------------------------------------------------- Fire Chief $42,397 $47,385 $47,884 $49,879 $52,373 $52,872 $57,361 ------------------------------------ City Assessor $41,569 $46,460 $46,949 $48,905 $51,350 $51,839 $56,241 ---- --------- ---------------------- --------- --------- --------- --------- --------- --------- Liquor Stores Manager $37,076 $41,438 $41,874 $43,619 $45,800 $46,236 $50,162 ----------------------------------------------------------------------------------------- INTERVALS: Each range has a spread of approximately 35% from minimum to maximum. The minimum is approximately 85% and the maximum is approximately 115% of the midpoint. SALARY RANGES: I: GROWTH RANGE. The lower range (approximately 85% to 95% of the midpoint) should normally include relatively inexperienced employees, as well as those whose performance remains below fully satisfactory levels. II. PERFORMANCE RANGE: The middle range (approximately 96% to 105% of the midpoint) should include the normally experienced, fully satisfactory employees and represent the established "going- rates ". III. MERIT RANGE. The top range (approximately 106% to 115% of the midpoint) should include only those employees who have demonstrated superior performance over a significant period on the job or at comparable levels of responsibility. SALARY SETTING AUTHORITY: The City Council must approve individual salary adjustments within Merit Range III. Salaries within Growth Range I and Performance Range II may be established by the City Manager. The City Manager is authorized to set salaries below the minimum range when performance or qualifications are less then required for the position. The City Manager's salary is established by the City Council. OVERTIME: These positions are exempt from overtime. -4- U (AAPC7B1) TMN CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B -1 EXECUTIVE POSITIONS ANNUAL SALARY CONVERSION SCHEDULE EXECUTIVE PLAN ---------------------------- - - - - -- CONVERSION --------------- - - -- TABLE ------------------------------------------------------------------------------------------ RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT ---------- - - - - -- ------------------- - - - - -- --------------- POSITION MINIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM --------------- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- City Manager Annual: $65,542 $73,253 $74,024 $77,108 $80,963 $81,734 $88,674 Monthly: $5,462 $6,104 $6,169 $6,426 $6,747 $6,811 $7,390 Hourly: $31.270 $34.949 $35.317 $36.788 $38.628 $38.995 $42.306 ----------------------------------------------------------------------------------------- Director of Annual: $53,707 $60,026 $60,658 $63,185 $66,344 $66,976 $72,663 Public Works Monthly: $4,476 $5,002 $5,055 $5,265 $5,529 $5,581 $6,055 Hourly: $25.624 $28.638 $28.940 $30.146 $31.653 $31.954 $34.667 ----------------------------------------------------------------------------------------- Director of Annual: $49,938 $55,813 $56,400 $58,750 $61,688 $62,275 $67,563 Finance /City Monthly: $4,161 $4,651 $4,700 $4,896 $5,141 $5,190 $5,630 Treasurer Hourly: $23.825 $26.628 $26.908 $28.030 $29.431 $29.711 $32.234 ----------------------------------------------------------------------------------------- Chief of Police Annual: $48,641 $54,364 $54,936 $57,225 $60,086 $60,659 $65,809 Monthly: $4,053,• $4,530 $4,578 $4,769 $5,007 $5,055 $5,484 Hourly: $23.207';.$25.937 $26.210 $27.302 $28.667 $28.940 $31.397 - :- Director of Annual: $43,844 $49,002 $49,518 $51,581 $54,160 $54,676 $59,318 Recreation Monthly: $3,654 $4,083 $4,126 $4,298 $4,513 $4,556 $4,943 Hourly: $20.918 $23.379 $23.625 $24.609 $25.840 $26.086 $28.301 ----------------------------------------------------------------------------------------- Director of Annual: $43,374 $48,477 $48,987 $51,028 $53,579 $54,090 $58,682 Planning and Monthly: $3,614 $4,040 $4,082 $4,252 $4,465 $4,507 $4,890 Inspection Hourly: $20.694 $23.128 $23.372 $24.345 $25.563 $25.806 $27.997 ----------------------------------------------------------------------------------------- Fire Chief Annual: $42,397 $47,385 $47,884 $49,879 $52,373 $52,872 $57,361 Monthly: $3,533 $3,949 $3,990 $4,157 $4,364 $4,406 $4,780 Hourly: $20.228 $22.607 $22.845 $23.797 $24.987 $25.225 $27.367 ----------------------------------------------------------------------------------------- City Assessor Annual: $41,569 $46,460 $46,949 $48,905 $51,350 $51,839 $56,241 Monthly: $3,464 $3,872 $3,912 $4,075 $4,279 $4,320 $4,687 Hourly: $19.833 $22.166 $22.399 $23.333 $24.499 $24.732 $26.832 ----------------------------------------------------------------------------------------- Liquor Stores Annual: $37,076 $41,438 $41,874 $43,619 $45,800 $46,236 $50,162 Manager Monthly: $3,090 $3,453 $3,490 $3,635 $3,817 $3,853 $4,180 Hourly: $17.689 $19.770 $19.978 $20.811 $21.851 $22.059 $23.932 ----------------------------------------------------------------------------------------- NOTE: The Executive positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at an annual salary. This schedule converts the annual salary to a monthly salary by dividing the annual salary by twelve months. The schedule converts the annual salary to an hourly equivalent by dividing the annual salary by the normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,096 normal work hours in 1992. This conversion schedule is for informational purposes only and is not an official wage schedule. -5- U 0 (AAPC7B2) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B -2 EXECUTIVE POSITIONS 1992 MAXIMUM ANNUAL SALARIES ESTABLISHED EXECUTIVE POSITIONS ------------------------------------------------------ - - - - -- 1992 ANNUAL SALARY MAXIMUMS ------------------------------------------------------------------------------------------- IN ADDITION TO THE SALARY SETTING AUTHORITY GRANTED THE CITY MANAGER IN EXECUTIVE PLAN SCHEDULE B TO SET SALARIES IN GROWTH RANGE I AND PERFORMANCE RANGE II, THE CITY MANAGER IS HEREBY AUTHORIZED TO SET INDIVIDUAL SALARIES WITHIN MERIT RANGE III DURING THE CALENDAR YEAR 1992 TO THE MAXIMUM SALARIES SHOWN IN THIS SCHEDULE. -------------------------------------------------------------------------------------------- CONVERSION TABLE --------------------- MAXIMUM MONTHLY HOURLY POSITION ANNUAL SALARY EQUIVALENT EQUIVALENT --------------------- - - - - -- ------- - - - - -- ---- - - - - -- ---- - - - - -- Director of Public Works $69,636 $5,803 $33.223 -------------------------------------------------------------------------------------------- Director of Finance/ City Treasurer - $66,014 $5,501 $31.495 -------- --- --------- ----- ---------- - --- ------ - - - - -- Chief of Police $64,302 $5,359 $30.678 -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- NOTE: The Executive positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at an annual salary. This schedule also converts the annual salary to monthly and hourly. The conversions are for informational purposes only and are not a part of the official wage schedule. -6- I I -- rD (cccPC7c) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE C SUPERVISORY AND PROFESSIONAL POSITIONS GRADE RANGE AND MONTHLY SALARY SUPERVISORY - --------------------------------------------------------------------- PROFESSIONAL GRADE RANGE MONTHLY SALARY RANGE FROM SCHEDULE C -1 FROM SCHEDULE C -1 ------------------------- ------------------------- EXEMPT GOING GOING FROM POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM OVERTIME --------------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- City Engineer S34A S36C S38C $3,865 $4,477 $4,703 Yes Police Captain S32A S34C S36C $3,679 $4,261 $4,477 Yes E.D.A. Coordinator S32A S34C S36C $3,679 $4,261 $4,477 Yes Public Works Superintendent S31A S33C S35C $3,589 $4,157 $4,368 Yes Assistant Director of Finance S31A S33C S35C $3,589 $4,157 $4,368 Yes Personnel Coordinator S29A S31C S33C $3,416 $3,957 $4,157 Yes Management Information Systems Coordinator S26A S28C S30C $3,172 $3,674 $3,860 Yes E.B.H.C. Manager S26A S28C S30C $3,172 $3,674 $3,860 Yes Planner S23A S25C S27C $2,946 $3,412 $3,585 Yes Public Works Coordinator S23A S25C S27C $2,946 $3,412 $3,585 Yes Administrative Assistant, Police S23A S25C S27C $2,946 $3,412 $3,585 Yes Inspector /Building Official S22A S24C S26C $2,874 $3,329 $3,497 Yes Staff Accountant S22A S24C S26C $2,874 $3,329 $3,497 Yes Appraiser II S21A S23C S25C $2,804 $3,248 $3,412 Yes E.D.A. Assistant Coordinator S21A S23C S25C $2,804 $3,248 $3,412 Yes Supervisor of Streets and Parks S20A S22C S24C $2,735 $3,168 $3,329 No Supervisor of Public Utilities S20A S22C S24C $2,735 $3,168 $3,329 No Golf Course Manager S20A S22C S24C $2,735 $3,168 $3,329 Yes Program Supervisor, Recreation S20A S22C S24C $2,735 $3,168 $3,329 Yes E.B.H.C. Maintenance Supery S20A S22C S24C $2,735 $3,168 $3,329 Yes Inspector, Planning and Inspection S18A S20C S22C $2,603 $3,016 $3,168 Yes Administrative Services Manager, Police S17A S19C S21C $2,540 $2,942 $3,091 Yes Maintenance Supervisor S16A S18C S20C $2,478 $2,870 $3,016 Yes Administrative Assistant/ Deputy City Clerk S12A S14C S16C $2,245 $2,600 $2,732 Yes Housing Inspector S12A S14C S16C $2,245 $2,600 $2,732 Yes E.B.H.C. Salesperson S12A S14C S16C $2,245 $2,600 $2,732 Yes E.B.H.C. Innkeeper S11A S13C S15C $2,190 $2,537 $2,665 Yes Administrative Secretary/ Deputy City Clerk S8A SlOC S12C $2,034 $2,356 $2,475 Yes Supervisor, Liquor Retail S8A SIOC S12C $2,034 $2,356 $2,475 Yes Aquatics Supervisor S8A SIOC S12C $2,034 $2,356 $2,475 Yes Administrative Intern, Police S8A SIOC S12C $2,034 $2,356 $2,475 No Part -time Positions: Assistant Fire Chief $490 Yes Fire Education Officer $175 Yes is Senior Fire Training Officer $325 Yes Fire Training Officer $255 Yes Fire Inspector, Days $440 Yes Fire Inspector $255 Yes -7- � (AAPC7Cl) CITY OF BROOKLYN CENTER 1892 EMPLOYEE POSITION/CLASSIFICATION PLAN SCHEDULE C-I SUPERVISORY ' PROFESSIONAL POSITIONS MONTHLY SALARY SCHEDULE PROGRESSION STEPS MERIT STEPS GRADES A B C D E Sl $1,711 $1,797 $1,886 $1,981 $2,080 32 $1,754 $1,841 S1,934 $2,030 $2,132 33 $1,798 $1,888 $1,982 $2,081 $2,185 34 $1,843 $1 $2,031 $2,133 $2,240 35 D1,889 $1 $2,082 $2,186 $2,298 56 $1,936 $2,033 $2,134 $2,241 $2,353 37 $1,984 $2,083 $2,188 $2,297 $2,412 38 $2,034 $2,136 $2,242 $2,354 $2 89 $2,085 $2,189 $2,298 $2,413 $2,534 310 $2,137 $2,244 $2,356 $2,474 $2,597 3ll $2,190 $2,300 $2,415 $2,535 $2,662 312 $2,245 $2,357 $2,476 $2,599 $2,729 313 $2,301 $2,415 $2,537 $2,664 $2,797 S14 $2,359 $2,477 $2,600 $2,730 $2,867 S15 $2,418 $2,538 $2,665 $2,799 $2,939 S16 $2,478 $2,602 $2,732 $2,869 $3,012 S17 $2,540 $2,657 $2,800 $2,940 $3,087 S18 $2,603 $2,734 $2,870 $3,014 $3,165 319 $2,669 $2,802 $2,942 $3 $3,244 520 $2,735 $2,872 $3,016 $3 $3,325 S21 $2,804 $2,944 $3,091 $3,240 $3,408 322 $2,874 $3,017 $3,168 $3,327 $3,493 S23 $2,945 $3,093 �3,248 $3,410 $3,580 - -~- 324 3 � 0l9 �3 l7O �3 329 �3 495 �3 670 � -, , -, -, , 325 $3,095 $3 $3,412 $3,583 $3,762 325 $3,172 $3 $3,497 $3,672 $3,858 S27 $3,251 $3,414 $3,585 $3,764 $3,952 S28 $3,333 $3,499 $3,674 $3,858 $4,051 S29 $3,416 $3,587 $3,766 $3,954 $4,152 S30 $3,501 $3,676 $3,860 $4,053 $4,256 331 $3 $3,768 $3,957 $4 $4,362 S32 $3,679 $3,863 $4,050 $4,259 $4,471 S33 $3,771 $3,958 $4,157 $4,365 $4,583 S34 $3,865 $4,058 $4,261 $4,474 $4,698 S35 $3,952 $4,160 $4,368 $4,586 $4,815 330 $4,061 $4,264 $4,477 $4,701 $4,936 337 $4,162 $4,370 $4,589 $4,818 $5,059 S38 $4,256 $4,479 $4,703 $4,939 $5,185 S39 $4,373 54,591 $4,821 $5,062 $5,315 340 $4,482 $4,706 $4,942 55,189 $5,448 NORMAL PROGRESSION: A is starting wage. Advance t0 Step B after six 0UDth3 probationary periOd. Advance t0 Step C after eighteen months employment. � Additional grade JdV6OCes in Step [, within the City Council authorized limits � shall be at the discretion Of the City MaDdg8r, CITY MANAGER'S DISCRETION: Starting grade and grade/step advances, within the City Council authorized limits set fo each position, shall be at the discretion Of the City Manager. The City Manager is authorized to 38t 38lar18S 68l04 the minimum grade range when performance or qualifications are less then required for the position. ' INTERVALS: Grades l through 40 represent 7 1/2% 8dVaDC83, Steps A through E represent approximately 5% 8dV3nCeS' MERIT STEPS: Merit steps Shall only be awarded with express approval of the City Council. -8- F�,j 0 D 0 (AAPC7C2) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE C -2 SUPERVISORY - PROFESSIONAL POSITIONS MONTHLY SALARY CONVERSION SCHEDULE MONTHLY RATE CONVERSION TABLE ----------------------------------------------------------------------------------------- MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY -- - - - - -- -- - - - - -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- - - - - - -- $1,711 $20,532 $9.796 $1,797 $21,559 $10.286 $1,886 $22,637 $10.800 $1,754 $21,045 $10.041 $1,841 $22,098 $10.543 $1,934 $23,202 $11.070 $1,798 $21,571 $10.292 $1,888 $22,650 $10.806 $1,982 $23,783 $11.347 $1,843 $22,111 $10.549 $1,935 $23,216 $11.076 $2,031 $24,377 $11.630 $1,889 $22,663 $10.813 $1,983 $23,797 $11.353 $2,082 $24,986 $11.921 $1,936 $23,230 $11.083 $2,033 $24,392 $11.637 $2,134 $25,611 $12.219 $1,984 $23,811 $11.360 $2,083 $25,001 $11.928 $2,188 $26,251 $12.525 $2,034 $24,406 $11.644 $2,136 $25,626 $12.226 $2,242 $26,908 $12.838 $2,085 $25,016 11 9 580 $ 35 $2,189 $26,267 $12.532 $2,298 $27, 13.159 $ $2,137 $25,642 $12.234 $2,244 $26,924 $12.845 $2,356 $28,270 $13.488 $2,190 $26,283 $12.539 $2,300 $27,597 $13.166 $2,415 $28,977 $13.825 $2,245 $26,940 $12.853 $2,357 $28,287 $13.496 $2,475 $29,701 $14.170 $2,301 $27,613 $13.174 $2,416 $28,994 $13.833 $2,537 $30,444 $14.525 $2,359 $28,304 $13.504 $2,477 $29,719 $14.179 $2,600 $31,205 $14.888 $2,418 $29,011 $13.841 $2,538 $30,462 $14.533 $2,665 $31,985 $15.260 $2,478 $29,736 $14.187 $2,602 $31,223 $14.897 $2,732 $32,784 $15.641 $2,540 $30,480 $14.542 $2,667 $32,004 $15.269 $2,800 $33,604 $16.032 $2,603 $31,242 $14.905 $2,734 $32,804 $15.651 $2,870 $34,444 $16.433 $2,669 $32,023 $15.278 $2,802 $33,624 $16.042 $2,942 $35,305 $16.844 $2,735 $32,823 $15.660 $2,872 $34,465 $16.443 $3,016 $36,188 $17.265 $2,804 $33,644 $16.052 $2,944 $35,326 $16.854 $3,091 $37,093 $17.697 $2,874 $34,485 $16.453 $3,017 $36,209 $17.275 $3,168 $38,020 $18.139 $2,946 $35,347 $16.864 $3,093 $37,115 $17.707 $3,248 $38,970 $18.593 $3,019 $36,231 $17.286 $3,170 $38,043 $18.150 $3,329 $39,945 $19.058 $3,095 $37,137 $17.718 $3,249 $38,994 $18.604 $3,412 $40,943 $19.534 $3,172 $38,065 $18.161 $3,331 $39,968 $19.069 $3,497 $41,967 $20.022 $3,251 $39,017 $18.615 $3,414 $40,968 $19.546 $3,585 $43,016 $20.523 $3,333 $39,992 $19.080 $3,499 $41,992 $20.034 $3,674 $44,091 $21.036 $3,416 $40,992 $19.557 $3,587 $43,042 $20.535 $3,766 $45,194 $21.562 $3,501 $42,017 $20.046 $3,676 $44,118 $21.049 $3,860 $46,324 $22.101 $3,589 $43,067 $20.547 $3,768 $45,221 $21.575 $3,957 $47,482 $22.653 $3,679 $44,144 $21.061 $3,863 $46,351 $22.114 $4,056 $48,669 $23.220 $3,771 $45,248 $21.588 $3,959 $47,510 $22.667 $4,157 $49,885 $23.800 $3,865 $46,379 $22.127 $4,058 $48,698 $23.234 $4,261 $51,133 $24.395 $3,962 $47,538 $22.680 $4,160 $49,915 $23.814 $4,368 $52,411 $25.005 $4,061 $48,727 $23.247 $4,264 $51,163 $24.410 $4,477 $53,721 $25.630 $4,162 $49,945 $23.829 $4,370 $52,442 $25.020 $4,589 $55,064 $26.271 $4,266 $51,193 $24.424 $4,479 $53,753 $25.646 $4,703 $56,441 $26.928 $4,373 $52,473 $25.035 $4,591 $55,097 $26.287 $4,821 $57,852 $27.601 $4,482 $53,785 $25.661 $4,706 $56,474 $26.944 $4,942 $59,298 $28.291 ----------------------------------------------------------------------------------------- NOTE: The Supervisory - Professional positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at a monthly salary. This schedule converts the monthly salary to an annual equivalent by multiplying the monthly rate by twelve months. The schedule converts the annual salary to an hourly equivalent rate by dividing the annual rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,096 normal work hours in 1992. This conversion schedule is for informational purposes only and is not an official wage schedule. -9- 1 4 srs+ , i (AAPC7D)� CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE D TECHNICAL AND SECRETARIAL POSITIONS GRADE RANGE AND HOURLY RATES TECHNICAL- SECRETARIAL ---------------------------------------------------------------- --------------------------------------------------------------------------------------- GRADE RANGE HOURLY WAGE RANGE FROM SCHEDULE D -1 FROM SCHEDULE D -1 ------------------- - - - - -- ------------------- - - - - -- GOING GOING POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM -------------------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- Engineering Technician IV T37A T39C T41C $17.32 $20.06 $21.08 Engineering Technician III T27A T29C T31C $13.53 $15.67 $16.47 Maintenance Custodian T24A T26C T28C $12.56 $14.55 $15.29 Lead Custodian T20A T22C T24C $11.38 $13.18 $13.85 Payroll /Personnel Technician T20A T22C T24C $11.38 $13.18 $13.85 Public Safety Dispatcher T20A T22C T24C $11.38 $13.18 $13.85 E.B.H.C. Maintenance Custodian T20A T22C T24C $11.38 $13.18 $13.85 Public Works Dispatcher T19A T21C T23C $11.10 $12.86 $13.51 Assessment Technician T17A T19C T21C $10.57 $12.24 $12.86 Utilities Technician T17A T19C T21C $10.57 $12.24 $12.86 Accounting Technician T17A T19C T21C $10.57 $12.24 $12.86 Code Enforcement Officer T14A T16C T18C $9.81 $11.37 $11.94 Property Room Supervisor T14A T16C T18C $9.81 $11.37 $11.94 Planning & Inspection Secretary T14A T16C T18C $9.81 $11.37 $11.94 Police Classification Operator T14A T16C T18C $9.81 $11.37 $11.94 Engineering Secretary T14A T16C T18C $9.81 $11.37 $11.94 Finance Secretary T13A T15C T17C $9.58 $11.09 $11.65 Police Secretary T13A T15C T17C $9.58 $11.09 $11.65 Data Entry Operator T13A T15C T17C $9.58 $11.09 $11.65 Parks and Recreation Secretary T13A T15C T17C $9.58 $11.09 $11.65 Planning & Inspection Receptionist T13A T15C T17C $9.58 $11.09 $11.65 E.B.H.C. Secretary T13A T15C T17C $9.58 $11.09 $11.65 Administration /Elections Secretary T13A T15C T17C $9.58 $11.09 $11.65 Switchboard Operator /Receptionist T8A T10C T12C $8.46 $9.80 $10.30 Police Receptionist T8A T10C T12C $8.46 $9.80 $10.30 E.B.H.C. Receptionist T8A T10C T12C $8.46 $9.80 $10.30 Custodian T6A T8C TlOC $8.06 $9.33 $9.80 --------------------------------------------------------------------------------------- -10- i 1 1 j d e Lj (AAPC7D1) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION /CLASSIFICATION PLAN SCHEDULE D -1 TECHNICAL AND SECRETARIAL POSITIONS HOURLY WAGE SCHEDULE PROGRESSION STEPS MERIT STEPS GRADES A B C D E T1 $7.12 $7.48 $7.85 $8.24 $8.65 T2 $7.30 $7.66 $8.05 $8.45 $8.87 T3 $7.48 $7.85 $8.25 $8.66 $9.09 T4 $7.67 $8.05 $8.45 $8.88 $9.32 T5 $7.86 $8.25 $8.66 $9.10 $9.55 T6 $8.06 $8.46 $8.88 $9.33 $9.79 T7 $8.26 $8.67 $9.10 $9.56 $10.04 T8 $8.46 $8.89 $9.33 $9.80 $10.29 T9 $8.68 $9.11 $9.56 $10.04 $10.54 T10 $8.89 $9.34 $9.80 $10.29 $10.81 T11 $9.11 $9.57 $10.05 $10.55 $11.08 T12 $9.34 $9.81 $10.30 $10.81 $11.36 T13 $9.58 $10.05 $10.56 $11.08 $11.64 T14 $9.81 $10.31 $10.82 $11.36 $11.93 T15 $10.06 $10.56 $11.09 $11.65 $12.23 T16 $10.31 $10.83 $11.37 $11.94 $12.53 T17 $10.57 $11.10 $11.65 $12.24 $12.85 T18 $10.83 $11.38 $11.94 $12.54 $13.17 T19 $11.10 $11.66 $12.24 $12.86 $13.50 T20 $11.38 $11.95 $12.55 $13.18 $13.84 T21 $11.67 $12.25 $12.86 $13.51 $14.18 T22 $11.96 $12.56 $13.18 $13.84 $14.54 T23 $12.26 $12.87 $13.51 $14.19 $14.90 T24 $12.56 $13.19 $13.85 $14.54 $15.27 T25 $12.88 $13.52 $14.20 $14.91 $15.65 T26 $13.20 $13.86 $14.55 $15.28 $16.04 T27 $13.53 $14.21 $14.92 $15.66 $16.45 T28 $13.87 $14.56 $15.29 $16.05 $16.86 T29 $14.22 $14.93 $15.67 $16.46 $17.28 T30 $14.57 $15.30 $16.06 $16.87 $17.71 T31 $14.93 $15.68 $16.47 $17.29 $18.15 T32 $15.31 $16.07 $16.88 $17.72 $18.61 T33 $15.69 $16.48 $17.30 $18.16 $19.07 T34 $16.08 $16.89 $17.73 $18.62 $19.55 T35 $16.49 $17.31 $18.17 $19.08 $20.04 T36 $16.90 $17.74 $18.63 $19.56 $20.54 T37 $17.32 $18.19 $19.09 $20.05 $21.05 T38 $17.75 $18.64 $19.57 $20.55 $21.58 T39 $18.20 $19.11 $20.06 $21.06 $22.12 T40 $18.65 $19.58 $20.56 $21.59 $22.67 T41 $19.12 $20.07 $21.08 $22.13 $23.24 NORMAL PROGRESSION: A is starting wage. Advance to Step B after six months probationary period. Advance to Step C after eighteen months employment. Additional grade advances in Step C, within the City Council authorized limits, shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be at the discretion of the City Manager. The City Manager is authorized to set salaries below the minimum grade range when performance or qualifications are less then required for the position. INTERVALS: Grades 1 through 40 represent 2 112% advances. Steps A through E represent approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -11- 6 •� (AAPC7D2) CITY OF BROOKLYN CENTER ��2 E7 �'E OSITION /CLASSIFICATION PLAN SCHEDULE D -2 TECHNICAL AND SECRETARIAL POSITIONS HOURLY RATE CONVERSION SCHEDULE HOURLY RATE CONVERSION TABLE ------------------------------------------------------------------------------------------ HOURLY ANNUAL MONTHLY HOURLY ANNUAL MONTHLY HOURLY ANNUAL MONTHLY -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- $7.12 $14,924 $1,244 $7.48 $15,670 $1,306 $7.85 $16,453 $1,371 $7.30 $15,297 $1,275 $7.66 $16,061 $1,338 $8.05 $16,865 $1,405 $7.48 $15,679 $1,307 $7.85 $16,463 $1,372 $8.25 $17,286 $1,441 $7.67 $16,071 $1,339 $8.05 $16,875 $1,406 $8.45 $17,718 $1,477 $7.86 $16,473 $1,373 $8.25 $17,296 $1,441 $8.66 $18,161 51,513 $8.06 $16,885 $1,407 $8.46 $17,729 $1,477 $8.88 $18,615 $1,551 $8.26 $17,307 $1,442 $8.67 $18,172 $1,514 $9.10 $19,081 $1,590 $8.46 $17,739 $1,478 $8.89 $18,626 $1,552 $9.33 $19,558 $1,630 $8.68 $18,183 $1,515 $9.11 $19,092 $1,591 $9.56 $20,047 $1,671 $8.89 $18,637 $1,553 $9.34 $19,569 $1,631 $9.80 $20,548 $1,712 $9.11 $19,103 $1,592 $9.57 $20,059 $1,672 $10.05 $21,061 $1,755 $9.34 $19,581 $1,632 $9.81 $20,560 $1,713 $10.30 $21,588 $1,799 $9.58 $20,070 $1,673 $10.05 $21,074 $1,756 $10.56 $22,128 $1,844 $9.81 $20,572 $1,714 $10.31 $21,601 $1,800 $10.82 $22,681 $1,890 $10.06 $21,087 $1,757 $10.56 $22,141 $1,845 $11.09 $23,248 $1,937 $10.31 $21,614 $1,801 $10.83 $22,694 $1,891 $11.37 $23,829 $1,986 $10.57 $22,154 $1,846 $11.10 $23,262 $1,938 $11.65 $24,425 $2,035 $10.83 $22,708 $1,892 $11.38 $23,843 $1,987 $11.94 $25,035 $2,086 $11.10 $23,276 $1,940 $11.66 $24,439 $2,037 $12.24 $25,661 $2,138 $11.38 $23,857 $1,988 $11.95 $25,050 $2,088 $12.55 $26,303 $2,192 $11.67 $24,454 $2,038 $12.25 $25,677 $2,140 $12.86 $26,960 $2,247 $11.96 $25,065 $2,089 $12.56 $26,319 $2,193 $13.18 $27,634 $2,303 $12.26 $25,692 $2,141 $12.87 $26,977 $2,248 $13.51 $28,325 $2,360 $12.56 $26,334 $2,195 $13.19 $27,651 $2,304 $13.85 $29,033 $2,419 $12.88 $26,993 $2,249 $13.52 $28,342 $2,362 $14.20 $29,759 $2,480 $13.20 $27,667 $2,306 $13.86 $29,051 $2,421 $14.55 $30,503 $2,542 $13.53 $28,359 $2,363 $14.21 $29,777 $2,481 $14.92 $31,266 $2,605 $13.87 $29,068 $2,422 $14.56 $30,521 $2,543 $15.29 $32,048 $2,671 $14.22 $29,795 $2,483 $14.93 $31,284 $2,607 $15.67 $32,849 $2,737 $14.57 $30,540 $2,545 $15.30 $32,067 $2,672 $16.06 $33,670 $2,806 $14.93 $31,303 $2,609 $15.68 $32,868 $2,739 $16.47 $34,512 $2,876 $15.31 $32,086 $2,674 $16.07 $33,690 $2,807 $16.88 $35,374 $2,948 $15.69 $32,888 $2,741 $16.48 $34,532 $2,878 $17.30 $36,259 $3,022 $16.08 $33,710 $2,809 $16.89 $35,396 $2,950 $17.73 $37,165 $3,097 $16.49 $34,553 $2,879 $17.31 $36,280 $3,023 $18.17 $38,094 $3,175 $16.90 $35,417 $2,951 $17.74 $37,187 $3,099 $18.63 $39,047 $3,254 $17.32 $36,302 $3,025 $18.19 $38,117 $3,176 $19.09 $40,023 $3,335 $17.75 $37,210 $3,101 $18.64 $39,070 $3,256 $19.57 $41,024 $3,419 $18.20 $38,140 $3,178 $19.11 $40,047 $3,337 $20.06 $42,049 $3,504 $18.65 $39,093 $3,258 $19.58 $41,048 $3,421 $20.56 $43,100 $3,592 $19.12 $40,071 $3,339 $20.07 $42,074 $3,506 $21.08 $44,178 $3,681 ----------------------------------------------------------------------------------------- NOTE: The Technical and Clerical positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly wage rate. This schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by ubtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,096 normal work hours in 1992. The monthly wage is determined by dividing the annual wage by twelve months. This conversion schedule is for informational purposes only and is not an official wage schedule. -12- �+ g K (AAPC7E) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE E POLICE OFFICER POSITIONS HOURLY RATE SCHEDULE, L.E.L.S., LOCAL NO. 82 POLICE OFFICERS -------------------------------------------------------- - - - - -- PLAN HOURLY RATE PROGRESSION STEPS P1 P2 P3 P4 P5 POSITION (72 %) (79 %) (86 %) (93 %) (100 %) ----------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- Police Officer $13.305 $14.598 $15.892 $17.185 $18.479 CONVERSION TABLE Monthly $2,306 $2,530 $2,755 $2,979 $3,203 Annual $27,674 $30,365 $33,055 $35,746 $38,436 NORMAL PROGRESSION: Step P1 is the starting wage. Advance to Step P2 after six months of employment. Advance to Step P3 after one year of employment. Advance to Step P4 after two years of employment. Advance to Step P5 after three years of employment. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. INTERVALS: P5 is top police officer salary. P1 is 72% of P5; P2 is 79% of P5; P3 is 86% of P5; P4 is 93% of P5. CONVERSION TABLE HOURLY MONTHLY ANNUAL Sergeant (P5 monthly salary plus $320) $20.325 $3,523 $42,276 LONGEVITY AND EDUCATIONAL INCENTIVE: Percent of Base Pay based on longevity or educational credits to be paid as supplementary pay: EDUCATIONAL LONGEVITY COLLEGE QUARTER CREDITS PERCENT ------------ - - - - -- ----------------- - - - - -- - - - - - -- 4-8 years 45 -89 3% 8 -12 years 90 -134 5% 12 -16 years 135 -179 7% 16 years and over 180 or more 9% SPECIAL JOB CLASSIFICATION: I. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $150 per month or $150 prorated for less than a full month in addition to their regular wage rate: CONVERSION TABLE HOURLY MONTHLY ANNUAL A. Investigator $0.865 $150 $1,800 B. School Liaison Officer $0.865 $150 $1,800 B. Juvenile Officer $0.865 $150 $1,800 2. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $50 per month or $50 prorated for less than a full month in addition to their regular wage rate: CONVERSION TABLE HOURLY MONTHLY ANNUAL A. Corporal $0.288 $50 $600 ------------------------------------------------------------------------------------------ NOTE: The Police Officer positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual. The conversion tables are for informational purposes only and are not a part of the official wage schedule. -13- (AAPC7F) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION /CLASSIFICATION PLAN SCHEDULE F UNION OF OPERATING ENGINEERS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL NO. 49 ------------------------------------------------------------------------- NOTE: The following Wage Schedule will be in effect from the first payroll period in 1992 through the last payroll period in 1992: CONVERSION TABLE HOURLY -------------------------- POSITION RATE MONTHLY ANNUAL ---------------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- Maintenance III $14.41 $2,517 $30,203 Maintenance II $13.87 $2,423 $29,072 Mechanic $14.45 $2,524 $30,287 Night Service Person $13.64 $2,382 $28,589 Maintenance I 9 Be innin 10.01 $1,748 $20,981 Beginning Maintenance I Ste 1 $10.98 $1,918 $23,014 Maintenance I Step 2 $11.95 $2,087 $25,047 Maintenance I Step 3 $12.91 $2,255 $27,059 Welding $14.17 $2,475 $29,700 Crew Leader $14.58 When assigned in writing by the department head to assist a super- visor as crew leader while perform- ing such duties. WORKING OUT OF CLASSIFICATION PAY: Employees required by the employer to operate certain items of heavy equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit. Employees hired after February 7, 1984, in the Maintenance I class- ification who are required by the employer to operate certain items of light equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit. STANDBY PAY: Public Utility employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five (5) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of over- time pay for each week night served in such status. Public Utility employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the employee is entitled to under this agreement. NOTE: The above positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual equivalents. The schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,096 normal work hours in 1992 Thee schedule converts the annual rate to the monthly rate by dividing the annual rate by twelve months. The conversions are for informational purposes only and are not a part of the official wage schedule. -14- (AAPC7G) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE G LIQUOR STORES PART -TIME HOURLY RATE SCHEDULE LIQUOR STORES ------------- ------------------------- - - - - -- PART -TIME EMPLOYEES PLAN -------------------------------------------------------------------------------------- STEPS --------------------------------------------- POSITION A B C D SENIOR ---------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- Clerk /Stocker $4.95 $5.55 $6.65 $7.10 $7.65 Cashier $4.95 $5.55 $6.65 $7.10 $7.65 Cashier /Office Assistant $7.10 $8.25 $8.95 N/A N/A -------------------------------------------------------------------------------------- NORMAL PROGRESSION: A is starting hourly rate. Advance to Step B after six months employment. Advance to Step C after eighteen months employment. Advance to Step D after thirty -six months employment. Advancement to the Senior Step is at the discretion of the City Manager upon the recommendation of the Liquor Stores' Manager. No more than six employees may be designated as Senior at any time. CITY MANAGER'S DISCRETION: Starting grade and step dvances, within the Ci Council P y authorized limits, shall be at the discretion of the City Manager. -15- 'TM U To E_ O (AAPC7H) CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE H EMPLOYEE INSURANCE BENEFITS EMPLOYEE - --- ----------------- - - - - -- INSURANCE BENEFITS ----------------------------------------------------------------------------- - - - - -- L.E.L.S., LOCAL NO. 82, POLICE OFFICERS: The City will contribute up to a maximum of $280 per month per employee toward health, life, long -term disability insurance, and dental insurance. (Dental insurance not to exceed $20.) In addition, the City will provide a $10,000 Group Term Life Insurance policy. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO: ----------------------------------------------------------------- The City will contribute, effective with insurance premiums due January 1, 1992, payment of an amount not to exceed $280 per month toward the cost of coverage under the Brooklyn Center Group Hospital- Medical Insurance Plans and Group Dental Insurance as fringe benefit compensation for full -time employees and eligible dependents. Dental Insurance not to exceed $20 per month. In addition, the City will provide a $10,000 Group Term Life Insurance policy. NON- ORGANIZED CITY EMPLOYEES: ---------------------- - - - - -- The City will contribute, effective with insurance premiums due January 1, 1992, payment of an amount not to exceed $280 per month toward the cost of coverage under the Brooklyn Center Group Hospital- Medical Insurance Plans and Group Dental Insurance as fringe benefit compensation for full -time employees and eligible dependents. Dental Insurance not to exceed $20 per month. In addition, the City will provide a $10,000 Group Term Life Insurance policy. CITY MANAGER: As provided in the City Manager's Personal Service Contract. ------------------------------------------------------------------------------------------ 0 -16- y wow I TY OF ) BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE I 1992 CITY MANAGER'S COMPENSATION AGREEMENT CITY MANAGER'S ------------------------------------ - - - - -- COMPENSATION AGREEMENT ------------------------------------------------------------------------------------------ TERMS AND CONDITIONS OF EMPLOYMENT: 1. The City Charter, adopted by the voters of the City of Brooklyn Center on November 8, 1966, created the position of City Manager. 2. Gerald G. Splinter was appointed City Manager effective October 17, 1977 (Resolution No. 77 -168) and is currently serving in that position. Y 9 P 3. The position of City Manager is not covered by the provisions of Chapter 17 of the City Ordinances. 4. Other conditions of employment are her hereby explicitly stated: s a P a. Mr. Splinter shall erform the duties and meet the obligations for the position of P g City Manager as set forth in the City Charter and Chapter 6 of the City Ordinances. Y 9 Y Y P b. Mr. Splinter's salary for 1992 shall be $80,465 per annum and adjustment to the City Manager's salary shall be reviewed annually in conjunction with the establishment of salaries for City employees. c. The City Manager shall be granted sick leave and holiday benefits granted to other employees and commencing January 1, 1983 he will earn four weeks vacation per year. d. The City Manager shall reside within Brooklyn Center within twelve months following the effective date of appointment. e. The full premium cost for individual and family coverage under the Brooklyn Center Group Health and Dental Plan and /or Insurance Plan and the full premium cost for two times his annual salary of term life insurance under the Brooklyn Center Group Life Insurance Plan shall be paid by the City on the City Manager's behalf. It may be necessary, in order to maintain IRS nontax status of all employee insurance benefits, to modify this section of the City Manager's compensation package. If the Finance Director recommends modification in the payment of the City Manager's insur- ance benefits as the simplest and most effective method for assuring "qualification" of Brooklyn Center's employee group insurance plans under IRS regulations, then the City Manager's y g salary is to be adjusted an equivalent amount to compensate for any reduction in insurance benefits. f. The City Manager shall receive $250 per month if the City does not provide a car for the City Manager's s twent four hour Y g y business use. -17- Q 1 � r WLU 1992 City Manager's Compensation Agreement, Schedule I, Continued: ---------------------------------------------------------------- g. In the event of resignation, notice thereof shall be submitted in writing to the City Council at least 30 days prior to the effective date. h. In the event of dismissal by the City Council, the City Manager shall be notified at least 30 days in advance of the effective date of dismissal and shall be furnished a written statement of the reasons therefor, and further, shall be granted a hearing thereon, if requested. i. In the event of voluntary resignation or death, the City Manager shall receive severance pay based on 100% of his unused vacation leave and one -third of his unused sick leave. j. In the event of involuntary resignation or dismissal, severance pay based on 100% of his unused vacation leave and one -third of his unused sick leave plus eight months pay (to include health, dental, and life insurance premiums) shall be paid to the City Manager. However, in the event that the City Manager is terminated because of his conviction of any illegal act involving personal gain to him, the City shall have no obligation to pay the eight months severance sum designated in this paragraph. k. Minnesota State Law provides City Managers with a choice of pension plans: PERA or a deferred compensation fund. The City of Brooklyn Center will contribute to the qualified fund of the City Manager's choice a dollar amount equivalent to the required PERA contribution. 1. The City will, at a minimum, provide the cost for the City Manager to attend the state or national ICMA conferences or job - related courses, seminars, or training of equivalent cost. ------------------------------------------------------------------------------------------ -18- - n'avtt 1;'*s�exA s '�s'a� c�ee a Tn- L " CITY CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE J PERSONNEL EXPENSE REIMBURSEMENT POLICY PERSONNEL EXPENSE ------- ------------------------- - - - - -- REIMBURSEMENT POLICY ----------------------------------------------------------------------------------------- It is necessary that there be a uniform policy of reimbursement for travel, lodging, meals, and mileage expenses incurred by City employees and officials while performing their duties as representatives of the City of Brooklyn Center. It is also necessary that existing reimbursement policies be reviewed annually, and be adjusted when necessary, to reflect the current costs of travel, lodging, meals, and the use of personal automobiles for business use. Therefore, all existing reimbursement policies are hereby ammended to be as follows for costs incurred on January 1, 1992 and thereafter: 1. Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. 2. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. 3. Requests for travel advances intended to defray costs incurred while on a trip and prior to susbmission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. 4. Travel advances shall be limited to 90% of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 5. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: a. Transportation costs to and from the destination via coach, tourist, or economy class transportation. b. Lodging costs not to exceed a reasonable single occupancy rate as determined by the City Manager. c. Conference or meeting registration fees. d. Any unusual items for which advance approval has been obtained from the City Manager. 6. The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate of 27.5 cents per mile, or an amount equal to air travel tourist class, whichever is the lesser. -19- ri i Li 1992 Personnel Expense Reimbursement Policy, Schedule J, Continued ------------------------------------------------------------------ 7. Reimbursement for meals while on authorized travel will be for actual expenditures with a maximum of $31 per day allowable, including tips. There shall be no per diem for meals or any other expenses. The maximum meal reimbursement for any fraction of a full day shall be as follows: a. Breakfast - $7.00 b. Lunch - $9.00 c. Dinner - $15.00 The full cost shall be reimbursed for meals which are a scheduled activity of a conference or meeting and the cost of such meals is not included in the registration fee. 8. Employees and officials of the City shall be reimbursed for luncheon and dinner costs as authorized by the City Manager in accordance with the following provisions: a. The actual cost of the meal not to exceed $12.00 will be allowed for meals associated with attendance at training sessions when meals are an integral part of the program or when there are training sessions before and after the meal, or, for attendance at regular luncheon meetings of professional or related associations. b. The entire cost of related meals shall be reimbursed to those employees or officials designated to represent the City at meetings or other City business functions that the Council or City Manager deems necessary. 9. Employees or officials of the City who, in the conduct of official City business, are authorized or required to use their personal automobiles for transportation shall be reimbursed at the rate of 27.5 cents per mile for mileage incurred in the conduct of such business. An itemized mileage expense claim must be submitted to the City Manager for approval. 10. Certain employees of the City are required to drive a City vehicle to their home and k - d keep it there while off -duty. . u The must do so to be able re p to s and to Y Y P emergency situations. These emergency situations include fire and police protection, civil defense and restoring City services such as water, sewer, and streets. It may also be necessary to keep a City vehicle at home for security purposes or other City business purposes. These vehicles must be used for City business use only and cannot be used for the personal use of any employee. The employees who are authorized to keep a City vehicle at their home on a regular basis while off -duty are as follows: The Director of Emergency Preparedness The Chief of Police The Fire Chief The Supervisor of Street Maintenance The Supervisor of Parks Maintenance The Supervisor of Public Utilities The Liquor Stores' Manager -20- � /AAPC7K\ ^~� u u ~�~�" *~� ~�~�� �~~~� ~�~~�"�~~�' CITY OF BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE K EMPLOYEE TRAINING POLICY EMPLOYEE ----''------'------''--- TRAINING � POLICY � - -''---------------'------'------'----- ------------------------------------------------ � In 1964, the City Council established a policy pertaining to employee training. The purpose Of the policy is to promote and 8DCOUrag8 employees Of the City Of Brooklyn Center t0 pursue further education and training to increase awareness and proficiency in their positions. ID support Of this policy, it 13 hereby amended to be as follows for C83tI incurred on January l, 1992 and thereafter: l. VOLUNTARY PARTICIPATION TRAINING. ---'--'------------------------- The City of Brooklyn Center will reimburse t0 City employees attending job related courses who have been employed by the City of Brooklyn Center, on a full-time basis of 3 period of at least 18 months, 60% of the cost incurred by the employee for the payment of tuition and fees and purchases Of textbooks required for such COUrSSS, provided the conditions listed below are met. Employees who have been employed by the City Of Brooklyn Center on 8 full-time basis with at least five complete years of employment will receive 75% of the Cost incurred for tuition, fees, and textbooks, provided the following conditions have been met: 3. The C0UrSe has been approved by the City Manager prior to registration for, Or participation in, the COUrS8. h' The employee attains a grade of "C" Or better in the C0UrS2, or in those cases where grades are not assigned, the 80pl0y88 0USt show proof Of satisfactory completion of the COUrs2, C^ The employee has submitted, On forms t0 be provided by the City Manager's office, a written critique Of the course, stated the value Of the training to his or her position, and made such suggestions as may be pertinent for the CODdUCt of future training sessions. � d^ The attendance Of the employee at C0Ur38 3eSSiODI has been satisfactory. e' Individuals who are receiving C00peOSati0O or reimbursement for education [O%tS from the federal Or state g0V8rO0eDt shall not be eligible for additional reimbursement from the City. 2' REQUIRED PARTICIPANT TRAINING. --'-----------------'---'---- In those instances where the Citv Manager d8803 it D8C8SS6ry or advisable that an employee attend training sessions, the Citv Shall pay all costs for fees, tuition, and t8Xtb00k3, The S0plUy88 Shall City such CUUr38S Or training sessions on his or her regular work time, or if such courses are only after regular work hours, compensatory time shall be granted to the employee. Upon completion of the training, the employee shall submit a critique of the C0Vr3g as required in paragraph }C 8b0Ve, -21- CITY OF BROOKLYN CENTER Council Meeting Date 12/16/91 • Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1992 ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: - Sy Knapp, Director of Public Works MANAGER'S REVIEW/RECONE%IENDATION: No comments to supplement this report Comments below /atta6i ed SU EVIARY EXPLANATION: (supplemental sheets attached No • Water hookup rates are adjusted annually to account for inflation. This year the change in the Twin Cities Consumer Price Index was 3.1 percent. Accordingly, the proposed water hookup rates for calendar year 1992 have been increased 3.1 percent. In previous years, the rate for sanitary sewer hookup has not been established by resolution but instead calculated internally according to a policy established by the Village Council as the cost of extension of lateral sewer mains. This rate has not been formally established in previous resolutions primarily because when service was originally extended to various neighborhoods very few residential properties were allowed to defer sanitary sewer hookup assessments, while many properties were allowed to defer water hookup assessments. Sanitary sewer hookups now occur mainly as a result of development or redevelopment. The resolution provided establishes water and sanitary sewer hookup rates for 1992. Since approximately 58 percent of the water hookup rate represents the cost of constructing lateral mains, the sanitary rate, according to previously established Council policy, is 58 percent of the water hookup frontage rate. RECOMMENDED CITY COUNCIL ACTION Approve the attached resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1992 WHEREAS, Resolution Nos. 74 -45 and 77 -113 provided for the annual adjustment of water assessment rates for non - single - family residential and single - family residential rates, respectively; and WHEREAS, said adjustment in water hookup rates is to be effective January 1 of each year; and WHEREAS, Resolution 88 -05 changed the month from which the annual price index change is to be calculated from October to July; and WHEREAS, the City Engineer has reported to the City Council that the change in the Twin Cities Consumer Price Index from July, 1990 to July, 1991 was an increase of 3.1 percent; and WHEREAS, City policy, based on Village policy established in April, 1956, is to calculate the cost of sanitary sewer hookup based on the average cost of a lateral system of sanitary sewers for a standard Village lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the water and sanitary sewer hookup rates effective January 1, 1992 shall be as follows: Type of Property /Assessment 1992 Rate WATER HOOKUP Single Family Residence With Service $3,094.80 Single Family Residence Without Service $2,365.40 Frontage (front 135 feet) $31.54 per front foot Area (area outside front 135 feet) $9.78 per 100 square feet Service Hookup $ 729.40 SANITARY SEWER HOOKUP Frontage $18.34 per front foot Service Hookup $ 729.40 Resolution No. Date Todd Paulson, 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. • CITY OF BROOKLYN CENTER Council Meeting Date 12/16/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1992 DEPT. APPROVAL: Sy Knapp, Dir ctor offlublic Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached On October 15, 1991 the City Council reviewed a staff report regarding street maintenance and improvement policies. Based on the Council's direction, one meeting has been held with the Earle Brown Neighborhood Committee, and a second such meeting is being planned in January. Also, that matter will be discussed with the Financial Task Force then brought back to the City Council for further discussion and consideration. At that time the City Council may well wish to amend the existing policies. In the interim, however, staff recommends continuation of the existing policy whereby the assessment rate for street improvement projects in residential areas is annually adjusted to account for inflation. The adjustment depends on the change in the Construction Cost Index for Minneapolis as published in the Engineering News Record. This year the increase in the construction cost index was 2.8 percent. Accordingly, the proposed assessment rates for street improvement projects in residential areas in 1992 have been increased 2.8 percent. RECOMMENDED CITY COUNCIL ACTION Adopt the attached resolution. 1/b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1992 WHEREAS, Resolution No. 85 -34 established residential assessment rates for street reconstruction projects; and WHEREAS, the residential assessment rate should be adjusted to correspond to changes in the cost of construction; and WHEREAS, the Construction Cost Index for Minneapolis in the Engineering News Record reflects the changes in the cost of construction; and WHEREAS, the residential assessment rate should be adjusted annually to be effective January 1, and WHEREAS, the City Engineer has reported to the City Council that the change in Construction Cost Index as published in the Engineering News Record from December, 1990 to December, 1991, was an increase of 2.8 percent; and WHEREAS, the R -4, R -5, R -6 and R -7 zoned districts should be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The residential assessment rates for street reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two - family residential sites at the time the assessment role is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. 2. The residential rate for street reconstruction shall be adjusted annually to be effective January 1. 3. The annual adjustment of the residential assessment rate for street reconstruction shall be equal to the annual change in the Construction Cost Index for Minneapolis as published in the Engineering News Record for the year preceding and ending in December. 0 RESOLUTION NO. 4. The residential assessment rates for street reconstruction effective January 1, 1992 shall be as follows: Land Use 1992 Assessment Rate R -1 zoned, used as one - family $1,455 per lot site that cannot be subdivided R -2 zoned, or used as a two - family $19.33 per front foot site that cannot be subdivided with a minimum $1,455 per lot R -3 zoned Assessable frontage x $19.33 Number of residential units 5. The residential assessment rates for street reconstruction shall not apply to R -4, R -5, R -6 or R -7 zoned districts. The assessment rates for street reconstruction for R -4, R -5, R -6 and R -7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. Date Todd Paulson, 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. CITY OF BROOKLYN CENTER Council Meeting Date 12/16/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTIONS REGARDING IMPROVEMENTS TO THE CIVIC CENTER DEPT. APPROVAL: Sy Knapp, Arector of Public Works MANAGERS RIJVIEW /RECOMMIJNDATION: No comments to supplement this report Comments below /attacl"ied �k��k��k�k�k���k�k�! c � e � c �! e scye�kx�k�k�k�k�k�! e�k�k�k��k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�K�k�k�k�k�k�k�k�k�k�k�K�! e�eye�', exye�c�xeae>t�cx�exxic�cxyexxxx SUMMARY EXPLANATION: (supplemental sheets attached Yes Bids were taken on December 12, 1991 for the following five projects: • Community Center Water Slide • Remodeling Community Center Concession Stand • Code Corrections at Community Center • Domestic Water Heater • Pool Filter Renovation The attached report covers each project separately, and recommends the award of contracts covering all of these projects so that all work on these projects and all special repair work which needs to be done to the Community Center during its "Annual Shutdown" can be completed during the period between February 3 and March 31, 1992. RECOMMENDED CITY COUNCIL ACTION Five separate resolutions.are provided for consideration by the City Council. Each is submitted in compliance with the recommendations of the City staff. If the Council wishes to consider alternatives, appropriate changes can be made at the Council meeting. • K CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BYROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 TO: G. G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 10, 1991 RE: Bids /Proposals Received for Improvements to the Civic Center Bids and proposals were received on December 12, 1991 for the following five projects: • Community Center Water Slide • Remodeling Community Center Concession Stand • Code Corrections at Community Center Domestic Water Heater • Pool Filter Renovation Specifications for the projects require that all work under all contracts be completed between February 3 and March 31, 1992, so as to coordinate them with the special repair work which needs to be done by City crews during the "annual shutdown" (i.e. - city crews annually complete repair and cleanup projects which cannot be completed with the pool in operation). This time period was selected by Park & Recreation Director Mavis as being two of the lowest -use months of the year for swim lessons. He also believes that an early -April startup date will provide water slide users with the opportunity to become familiar with the Brooklyn Center slide before competitive outdoor slides are opened for the season. I. PROJECT NO. 1990 -24 COMMUNITY CENTER WATER SLIDE This project was established by Resolution No 91 -203 on August 26, 1991, with a total cost estimate of $200,000 ($182,000 construction plus $18,000 professional services). 19B6ALL/AIEf�1CA CRY � J _ On October 16, 1991 the City received two bids for construction of the water slide in accordance with the original plans and specifications as prepared by the architectural firm of Mjorud Inc. The lowest bid received at that time was in the amount of $254,300. On October 21, 1991 the City Council adopted Resolution No. 91 -256 rejecting all bids, directing staff and the architect to revise the plans and specifications to provide for alternative, lower -cost designs, and to advertise for new bids based on alternative plans. In that resolution, the Council also approved an additional $1000 for professional services relating to this project (engineering services and printing costs). Accordingly, the plans and specifications were revised to develop three alternative "bid packages ", which may be summarized as follows: "Bid Package A" - provides for construction of a water slide utilizing a reinforced concrete stairway and bridge support system, and ceramic the on the stairway treads, risers and platforms; essentially as required by the original bid documents, but with a number of changes to details which are intended to reduce costs somewhat, without substantially reducing the overall quality and appearance of the project. This is unquestionably the highest quality design. "Bid Package B" - provides for construction of a water slide utilizing heavy structural steel components to support the stairway and bridge in lieu of the reinforced concrete structures. Under this design, the general appearance of the structure is similar to the reinforced concrete structure provided under design A. However, instead of ceramic tile on the stairway, the treads and platforms would be fiberglass, and there would be no risers (i.e. - open backs). Under this alternate the annual maintenance costs would be expected to be somewhat higher (perhaps $1000 /year) due to the need for increased levels of maintenance, corrosion control and periodic repainting, as compared with alternate A. "Bid Package C" - provides a water slide at lowest cost by allowing the water slide manufacturer to provide an "erector set" type of structural system to support the stairway and the bridge. Under this alternate, the emphasis is on one -time economy, with major sacrifices in appearance, higher maintenance costs (perhaps $2500 to $5000 per year) and reduced life expectancy, as compared with alternate A or B. NOTE 1: ATTACHED HERETO ARE ARCHITECTURAL SKETCHES WHICH ATTEMPT TO DEMONSTRATE THE OVERALL APPEARANCE OF EACH OF THE 3 DESIGNS. NOTE 2: In addition to requesting bids on the 3 alternate designs, the architect decided to split the project into two parts — i.e.: • furnish and install the water slide; and • general construction 0 The primary purpose for splitting the project was to reduce costs by allowing the City to buy the slide directly from the manufacturer, thus avoiding the "markup" which a general contractor will normally place on such an item if it is included in his contract. t%Thile separating the project into two parts can have the negative impact of reducing control of the project, the architect has clearly spelled out the responsibilities for each contractor on this project. NOTE 3: Regarding the City Council's request for reconsideration of the City's "Original Design" which would have allowed 50 -meter lap swimming and use of the water slide at the same time, the following correspondence is attached: • A November 7, 1991 letter from architect Mjorud to Mr. Bellin at the Minnesota Department of Health. • Mr. Bellin's response to architect Mjorud, dated November 25, 1991. • Architect Mjorud's memo to City Manager Splinter, dated December 2, 1991. BIDS RECEIVED Attached hereto are two bid tabulation sheets which summarize the bids received on December 12, 1991 for construction of the water slide. STAFF ANALYSIS AND RECOMMENDATION: NOTE If the City accepts the low bid of Nordling Construction ($116,533) for the Alternate A general, construction contract, and the low bid of Miracle Recreation Equipment ($69,197) for the Alternate A water slide contract, the total cost for the project would be $185,730. However, in submitting their bids, several bidders, including both low bidders, had technical errors in their bids. City staff is meeting with the City Attorney to discuss these issues. Our recommendations will be submitted at the Council meeting on December 16. RECOMMENDED CITY COUNCIL ACTION: A resolution accepting bids will be submitted for the Council's consideration at the Council meeting. II. CONCESSION STAND REMODELING Funding in the amount of $15,000 ($14,200 for construction plus $800 for professional services) for this project was also provided by Resolution No. 91- 203. The remodeling would expand the capacity of the existing concession stand. Major improvements would include: • expansion of the concession stand from 16' x 9' to 22' x 9' • added counter space and new cabinets • installation of a scullery sink to meet Health Code requirements • plumbing changes, electrical system changes, new lighting fixtures, etc. BIDS RECEIVED The following proposals were obtained: Firm Name Amount of Proposal for General Construction Nelson Bros. Construction $ 7,923.00 W.H. Cates Construction 10,304.00 for Electrical Work To date we have received only one proposal for electrical work, but expect to receive another one by Monday. On the basis of the proposal received, it is apparent that this project can be completed "within budget ". for Plumbing Work Marsh Plumbing 1,975.00 for used Scullery sink* Johnson Equipment Co. 815.00 %;It is proposed to use a "good as new" scullery sink, available from this source at less than half the cost of a new sink. This sink has been approved by the City health inspector. STAFF ANALYSIS AND RECOMMENDATION Staff recommends that the lowest cost proposals for general and electrical work be approved, and that the proposals for the plumbing work and for the sink be accepted. RECOMMENDED CITY COUNCIL ACTION A resolutionn accepting proposals and awarding contracts will he provided for Council consideration at the Council meeting. A draft copy is attached. M. PROJECT 1991 -22 CODE CORRECTIONS AT CIVIC CENTER Funding in the total amount of $32,200 ($30,000 for construction plus $2200 for professional services) was approved by the City Council in Resolution No. 91 -238, adopted on October 7, 1991. The project .could bring the Civic Center railings, exit lights, and exit door hardware into compliance with building code requirements which were not in force at the time the building was constructed, but which now must be met to bring the Civic Center into compliance with the Americans With Disabilities Act. This Act is expected to be enacted in 1992 and enforced retroactively. The plans and specifications for this project includes a base bid and an alternate. As originally proposed, the base bid covers only the work on the insides of the Community Center and City Hall (handrails and guardrails on four stairways plus the spectator area of the pool, emergency exit lights, and panic hardware at exit doors). The alternate bid covers all exterior railings (on four stairways and the handicap ramp), based on the recommendation of the Chief Building Official. It is noted that the specifications allow the City to (1) accept the base bid only; or (2) accept the base bid and the alternate (add -on) bid. The City may not split this project between two contractors. BIDS RECEIVED A tabulation of bids received on December 12, 1991 for this project is attached. STAFF ANALYSIS AND RECOMMENDATION It is recommended that the low bid of the Alltech Engineering Corporation for the base bid and their alternate bid, in the total amount of $27,810 be accepted. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bids and awarding a contract to Alltech Engineering Corporation is provided for Council Consideration. IV. PROJECT 1991 -25, DOMESTIC WATER HEATER FOR CIVIC CENTER Funding in the amount of $15,000 was approved by the City Council in Resolution No. 91 -203, adopted on August 26, 1991. The project would replace the existing water heater, which provides all "domestic" heated water for the Community Center and City Hall (i.e., potable water for lavatories, sinks, showers, kitchens, etc.). The $15,000 estimate was based on assurances from an equipment representative that the "tube bundle" in our existing heat exchanger could be replaced with a new tube bundle which would produce the required performance. Subsequently, it was determined that it would not be possible to produce the required performance by retrofitting the heat exchanger while meeting current code requirements for a double - walled tube bundle. Accordingly, the current bids are based on specifications for a new, free- standing water heater which will replace the current heat exchanger. Itihile the costs for this alternate are considerably higher than the original estimate (the lowest bid received is $25,395), we have no other choice other than to continue to operate with the old system until it fails. BIDS RECEIVED The following bids were received for this improvement: Bidder Base Bid New Mech $25,395.00 P &D Mechanical $25,500.00 Roseville Plumbing & Heating $28,800.00 STAFF ANALYSIS AND RECOMMENDATION It is recommended that the low bid be accepted, with the note that the installation of a new water heater will provide a totally new unit, whereas the original plans would have placed a new tube bundle into a tank which is more than 20 years old. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bids and awarding a contract to New Mech is provided for Council Consideration. V. PROJECT 1991 -26 POOL FILTER RENOVATION This general fund budget project ($21,840 provided in the 1991 budget) would replace the existing pool filter recirculating pipe system. The existing pipe system is made of several dissimilar materials, and has corroded over time. The replacement piping would be of PVC, .which is impervious to the effects of a chlorine environment. BIDS RECEIVED Only one bid, from Valley View Associates, in the amount of $13,690 was received on December 12, 1991. Five other contractors had obtained plans and specifications but did not submit bids. STAFF ANALYSIS AND RECOMMENDATION The work involved on this project is a very specialized type of plumbing. So, while only one bid was received, it is our opinion that it is a very favorable bid for the City. Accordingly, we recommend award of the contract to Valley View Associates. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bids and awarding a contract to Valley View Associates is provided for Council consideration. BID TAB TION GENERAL CONSTR TION CONTRACT is COMMUNITY CENTER WATER SLIDE BID DATE: 11:00 A.M., DECEMBER 12, 1991 MJORUD ARCHITECTURE CITY OF BROOKLYN CENTER PROJECT NUMBER: 91108 12400 12TH AVENUE NORTH 4600 83rd Avenue North MINNEAPOLIS, MN 55441 Brooklyn Park, MN 55443 BID ADD COM BID PACKAGE A BID PACKAGE B BID PACKAGE C BIDDER BOND 1 2 3 DAY CONCRETE STEEL ECONOMY George W. Olsen Construction 5% x x x 4/15 $ 119,200 $ 124,300 $ 84,300 Merrimac Construction Co Inc 5% x x x 3/31 $ 143,585 $ 119,443 $ 90,781 Alitech Engineering Corporation 5% x x x 3/31 $ 139,200 $ 114,300 $ 64 Engco Construction Co Associated Pool Builders Gladstone Construction 5% x x x 4/3,x? _ $ 129,695 9 9 W.H. Cates Construction Co Inc 5% x x x 5/15 $ 156,950 $ 135,000 $ 95,300 Cottonwood Construction 5% x x x 3/31 S 148,565 $ 129,0 $ 92,460 TerWisscha Construction Inc 5% x x x 3/31 $ 170 $ 176,000 $ 110,000 Morcon Construction Co Inc Nordling Construction 5% 1 x Ix I x 3/31 _ $ 116,533 $ 121,021 $ 63,500.00 BID TAB *TION WATER SL D 9 C NTRACT COMMUNITY CENTER WATER SLIDE BID DATE: 11:00 A.M., DECEMBER 12, 1991 MJORUD ARCHITECTURE CITY OF BROOKLYN CENTER PROJECT NUMBER: 91108 12400 12TH AVENUE NORTH 4600 83rd Avenue North MINNEAPOLIS, MN 55441 Brooklyn Park, MN 55443 BID ADD COM BID PACKAGE A BID PACKAGE B BID PACKAGE C BIDDER BOND 1 2 3 DAY CONCRETE STEEL ECONOMY Miracle Recreation Equipment 5% x x x 3/31 $ 6-9 69,197 92,208 Alltech Engineering Corporation 5% x x x 3/31 $ 71,135 $ 71,135 $ 93,333 Associated Pool Builders i TRUSS I , I ' i FLOOR BID PACKAGE A MJORUD ARCHITECTURE SUBJECT. DATE: 12400 12th Avenue North Community Center Water Slide t o Dec 1191 Minneapolis, MN 55441 - 4612 City of Brooklyn Center, 6301 Shingle Creek Parkway 612/5443871, fax 545- 4354 Brooklyn Center, MN 55430 PROJECT Jeff Rudin, Structural Engineer OWNER: OWNER'S REPRESENTATIVE: 91108 Rudin Structures City of Brooklyn Center Mr. Arnie Mavis SHEET: 1500 South Lilac Drive 6301 Shingle Creek Parkway Director of Recreation 1 of 3 Minneapolis, MN 55416 Brooklyn Center, MN 55430 trAuss f i 1 FLOOR BID PACKAGE B MJORUD ARCHITECTURE SUBJECT' JE 12400 12th Avenue North Community Center Water Slide Dec Minneapolis, MN 55441 - 4612 City of Brooklyn 63 Center, 01 Shingle Creek Parkway 612/544-3871, fax 545- 4354 Brooklyn Center, MN 55430 Jeff Rudin + g OWN Structural City of Brooklyn 1 Ert OWNERS REPRESENTATIVE Rudin Structures C n Center Mr y .Arnie Mavis 1500 South Lilac Drive 6301 Shingle Creek Parkway Director of Recreation Minneapolis, MN 55416 Brooklyn Center, MN 55430 �Tf;Uss i i i JX71 11 FLOOR BID PACKAGE C MJORUD ARCHITECTURE SUBJECT: DATE: 12400 12th Avenue North Community Center Water Slide 10 De 1991 Minneapolis, MN 55441 - 4612 City of Brooklyn Center, 6301 Shingle Creek Parkway 612/544-3871, fax 545- 4354 Brooklyn Center, MN 55430 PROJECT: Jeff Rudin, Structural Engineer OWNER: OWNER'S REPRESENTATIVE: 91108 Rudin Structures City of Brooklyn Center Mr. Arnie Mavis SHEET: 1500 South Lilac Drive 6301 Shingle Creek Parkway Director of Recreation 3 of 3 Minneapolis, MN 55416 Brooklyn Center, MN 55430 .� MJORUD ARCHITECTURE C OP Y 12400 12th Avenue North, Minneapolis, MN 55441- 4612 612- 544 -3871 November 7, 1991 Mr. Milton R. Bellin, P.E. Supervisor, Engineering Unit Water Supply and Well Management Minnesota Department of Health 925 SE Delaware Street P.O. Box 59040 Minneapolis, MN 55459 -0040 RE: Community Center Water Slide City of Brooklyn Center Dear Mr. Bellin: The Brooklyn Center City Council respectfully requests that the State Department of Health reconsider and approve our original design allowing 50 meter lap swimming to be in place at the same time the water slide is in use. We are enclosing a design dated September 3, 1991, showing the water slide and plunge pool as submitted to the Department on September 12, 1991. This original design allows for two lanes to be open the entire 164 feet, primarily intended for lap swimming. The rational behind the original design was to accommodate as many types of pool use as possible. We ask that you first reconsider this original design, and secondly we ask for your direction regarding any reconfiguration of the plunge pool which would allow lap swimming the full length of the pool. Please call if you have any questions about this request. Sincerely, MJORUD ARCHITECTURE Al Mjorud, AIA AM:vlp Enclosure: Preliminary Drawing Copies: Sy Knapp Dated: September 3, 1991 Arnie Mavis FLUME LENGTH: 150 F I 24' WIDE CROSSOVER BRIDGE_ _- 1 SKYUGHTA VEEDF� EADROOM, W •� _ �Tu W EXISTING HANDICAPPED RAMP 3 � I z I t INTAKE SUCTION TANK fl-DOOR TO PUMP ROOM y PUMP ROOM BELOW _ PLATFORM SET AT 20' OFF POOL DECK PLUNGE POOL ' Cn I I W C ' `NEW SURFACE SAFETY MARKER COLUMN UNDER PLATFORM Z Ti I I � X W I I THREE SETS OF STAIRS OF 11 RISERS EACH rl 1 PARTIAL PLAN OF SWIMMING POOL CONSTITUTION HALL �J � I MJORUD ARCHITECTURE COMMUNITY CENTER City of Brooklyn Center SHEET 1 1 12400 12TH AVENUE NORTH MINN 6301 Shingle Dated: Sept 3, 1991 EAPOLIS, MN 55441 WATER SLIDE e Creek Parkway Scale: 1/8' = 1' -0' 6isa«3+n Brooklyn Center, MN 55430 rmm • .��* fir ,, ..,�, ^ ^' Minnesota Department of Health Division of Environmental Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459 -0040 (612) 627 -5100 November 25, 1991 Mr. Al Mjorud, AIA Mjorud Architecture 12400 - 12th Avenue North Minneapolis, Minnesota 55441 -4612 Dear Mr. Mjorud: Subject: Community Center Waterslide Brooklyn Center Minnesota This is response to your letter of November 7, 1991, regarding the above - referenced project. From the user and safety perspectives, there are some shortcomings to the "original" design for the Waterslide. They include the following: 1. The plunge area egress would have to be next to the slide entrance. This would require the slide users to exit the pool at the same location on the deck where other users would be accessing the shallow area using the existing ramp, or require slide users to traverse the crossover bridge to proceed toward the slide access stairs. Neither situation is considered desireable. 2. Egress next to the slide entrance would also require slide users to proceed a considerable distance along the edge of the shallow end of the pool to approach the slide access stairs. Much of this existing deck area would be reduced or restricted by the slide structure and access stairs. The department was agreeable to the reduced deck area and clearances at this end of the pool when the design did not require all the slide users to continuously move through this area; however, such restrictions are not considered approvable if continuous heavy traffic through the area is planned. 3. The "original" plan would have the compounding effect of requiring all users of the shallow area to access and egress the pool from the newly restricted deck areas. This also is undesirable. The final design for the plunge pool needs to be one which addresses the concerns noted above. If you have any questions, please call me at 612/627 -5122. Sincerely yours, Milton R. Bellin, P.E., Supervisor Engineering Unit Section of Water Supply and Well Management MRB:paw An Equal opportunity Employer MJORUD ARCHITECTURE 12400 12th Avenue North, Minneapolis, MN 55441- 4612 612 -544 -3871 December 2, 1991 Mr. Gerald Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Community Center Water Slide Brooklyn Center, Minnesota Dear Mr. Splinter, As you can see by the enclosed letter from Milton Bellin, the original design for the plunge pool was once again rejected by the Department of Health. This in effect denies the request by the City Council to reconsider the use of the full length lap lanes during the operation of the Water Slide. From a safety viewpoint, the direction received from the Department of Health, in effect, routes the water slide users away from possible congestion or lines forming around the shallow end of the pool and the younger swimmers. Also, anticipating the heavy traffic sometimes generated by the installation of a water slide, the suggested location of the ladder on the opposite side of the flume terminus, forces the traffic across the pool to exit the water at the widest portion of the pool deck. A line of slide users waiting on this side of the deck would have to pass the Office and also be in full view of the lifeguard at all times as they approach the Water Slide stair. Close supervision is mandatory during the operation of a water slide. Since it is not economically feasible to build a separate plunge pool, we recommend that the City Council accept the re- evaluation by the Department of Health and approve the Project for construction. Sincerely, MJORUD ARCHITECTURE A) Mjorud, AIA AM:vlp Enclosure: Department of Health letter dated, November 25, 1991. �t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF A COMMUNITY CENTER WATER SLIDE, IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1990 -24, the following bids were received, opened, and tabulated by the Deputy City Clerk and Director of Public Works, on the 12th day of December, 1991. Said bids were as follows: Note to Council A completed copy of this resolution will he submitted at the Council ineeting. WHEREAS, it is the opinion of the City Council that the best interests of the City of Brooklyn Center will be served by proceeding with the construction of the project based on bid Package ; and WHEREAS, it appears that the low bid for Package for the Water Slide contract has been submitted by ; and WHEREAS, it appears that the low bid for Package for the General Construction contract has been submitted by NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $ with , of in the name of the City of Brooklyn Center, for furnishing the Water Slide Package for Improvement Project No. 1990 -24 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. PESOLUTION N0. 2. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $ with of in the name of the City of Brooklyn Center, for General Contracting work Package _ for Improvement Project No. 1990 -24 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 3. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 4. The estimated cost for Improvement Project No. 1990 -24 is hereby amended from $201,000 to The estimated project cost is comprised of the following: As Amended As Established (per low bid) for Water Slide Contract for General Construction Contract Subtotal Est. Construction Cost $182,000 Contingency Professional Services $ 19,000 $18,500 Total Estimated Project Cost $201,000 5. All construction costs for this project shall be allocated from the Capital Project Fund. Date Todd Paulson, 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR REMODELING COMMUNITY CENTER CONCESSION STAND, IMPROVEMENT PROJECT NO. 1991 -28, CONTRACT 1991 -W WHEREAS, it is the opinion of the City Council that certain improvements should be made to the Community Center concession stand to provide greater capacity and an increased level of service; and WHEREAS, pursuant to the solicitation of proposals for Improvement Project No. 1991 -28, Remodeling Community Center Concession Stand, the following proposals were received: Firm Name Amount of Proposal for General Construction Nelson Bros. Const. $ 7,923.00 W.H. Cates Const. $ 10,304.00 for Electrical Work 1will be provided at Council Meeting for Plumbing Work Marsh Plumbing $ 1,975.00 for Scullery Sink and Johnson Equipment Co. $ 815.00 appurtenances WHEREAS, Nelson Bros. Const. has submitted the lowest proposal for General Construction and I has submitted the lowest proposal for Electrical work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Manager is hereby authorized to execute a contract with Nelson Bros. Const. for General Construction relating to the remodeling of the Community Center concession stand. 2. The City Manager is hereby authorized to execute a contract with for Electrical Construction relating to the remodeling of the Community Center concession stand. 3. The City Manager is authorized and directed to execute contracts for the following: Item Firm Name Amount Plumbing Work Marsh Plumbing $ 1,975.00 Scullery Sink Johnson Equipment Co. $ 815.00 RESOLUTION N0. 4. The estimated cost for this improvement is hereby amended from $15,800 to - i The estimated cost is comprised of the following: As Amended As Estimated (per proposal) General $ 7,923.00 Electrical r Plumbing $ 1,975.00 Scullery Sink $ 815.00 Contingency $ 1.000.00 Subtotal, Estimated Construction — � Cost $ 15,000.00 $ Professional Services $ 800.00 $ 800.00 Total Estimated Project Cost $ 15,800.00 1 - - � 5. All costs for this project shall be allocated from the Capital Project Fund. Date Todd Paulson, 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. �t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF CODE CORRECTIONS AT COMMUNITY CENTER, IMPROVEMENT PROJECT NO. 1991 -22, CONTRACT 1991 -V WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1991 -22, the following bids were received, opened, and tabulated by the Deputy City Clerk and Director of Public Works, on the 12th day of December, 1991: Alternate Base Bid (Add -on) Total Bid Completion Bidder Amount Bid Amount Amount Date Alltech Engineering $ 15,850 $ 11,960 $ 27,810 3/31/92 George W. Olsen Const. $ 19,700 $ 13,200 $ 32,900 3/31/92 W.H. Cates Const. Co., Inc. $ 23,600 $ 10,850 $ 34,450 4/15/92 Morcon Const. Co., Inc. $ 28,700 $ 8,950 $ 37,650 4/20/92 Gladstone Construction $ 17,775 $ 21,692 $ 39,467 5/15/92 Nordling Construction $ 23,922 $ 16,367 $ 40,289 3/31/92 Northland Const. Mgt. Co. $ 25,400 $ 16,300 $ 41,700 1/31/92 Merrimac Construction Co. $ 25,151 $ 17,424 $ 42,575 3/31/92 WHEREAS, it is the opinion of the City Council that it is in the best interests of the City to proceed in acceptance of all work included in the base bid and the alternate bid; and WHEREAS, it appears that Alltech Engineering Corp. is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED L ED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Alltech Engineering Corp. of Bloomington, MN in the name of the City of Brooklyn Center, for work specified in the base bid and the alternate bid in the total amount of $27,810, for Improvement Project No. 1991 -22, according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION NO. 3. The estimated cost for Improvement Project No. 1991 -22 is hereby amended from $32,000 to $31,400. The estimated project cost is comprised of the following: As Amended As Established (per low bid) Total Estimated Construction Cost $ 30,000 $ 27,810 Contingency (5% of Construction) -0- $ 1,390 Professional Services $ 2.200 $ 2,200 Total Estimated Project Cost $ 32,200 $ 31,400 4. All construction costs for this project shall be allocated from the Capital Project Fund. Date Todd Paulson, 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. iiember introduced the following resolution and moved its adoption: RESOLUTION _':0. RESOLUTION ACCEPTING BID AND A ?: CARDING CONTRACT FOR DOMESTIC WATER HEATER FOR CIVIC CENTER, IMPROVEMENT PROJECT NO. 1991 -25, CONTRACT 1991 -T WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1991 -25, the following bids were received, opened, and tabulated by the Deputy City Clerk and Director of Public Works, on the 12th day of December, 1991: Bidder Bid Amount New Mech Companies, Inc. $ 25,395.00 P & D Mechanical Contracting Co. $ 25,500.00 Roseville Plumbing & Heating, Inc. $ 28,800.00 WHEREAS, it appears that New Mech Companies,Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with New Mech Companies, Inc. in the name of the City of Brooklyn Center, for Improvement Project No. 1991 -25 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost for Improvement Project No. 1991 -25 is hereby amended from $17,900 to $28,295. The estimated project cost is comprised of the following: As Amended As Established (per low hid) Total Estimated Construction Cost (incl. Contingency) $ 15,000 $ 25,395 Professional Services 2,900 2,900 Total Estimated Project Cost $ 17,900 $ 28,295 RESOLUTI01 N0. 4. All construction costs for this project shall be allocated from the Capital Projects Fund. All professional services shall be allocated from the General Fund, Object 4310, Division 19, Government Buildings. Date Todd Paulson, 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. 'Member introduced the following resolution and moved its adoption: RESOLUTION `:O. RESOLUTION ACCEPTING BID AND ATjARDING CONTRACT FOR POOL FILTER RENOVATION, IMPROVEMENT PROJECT NO. 1991 -26, CONTRACT 1991 -U WHEREAS, the 1991 City of Brooklyn Center General Fund Budget included $21,840 for improvements to the Community Center pool filter system; and WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1991 -26, the following bid was received, opened, and tabulated by the Deputy City Clerk and Director of Public Works, on the 12th day of December, 1991: Bidder Bid Amount Valley View Assoc. $13,690.00 WHEREAS, it appears that Valley View Assoc., is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Valley View Assoc., in the name of the City of Brooklyn Center, for Improvement Project No. 1991 -26 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost for Improvement Project No. 1991 -26 is as follows: As Amended As Established (per low bid) Total Estimated Construction Cost (incl. Contingency) $ 13,690 Professional Services $ 1,960 Total Estimated Project Cost $ 21,840 $ 15,650 RESOLUTION �w0. 4. All costs for this project shall be allocated from the General Fund, Division 19, Government Buildings. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s (REQCLSFD) CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number /C3 • REQUEST FOR COUNCIL CONSIDERATION *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND DEPT. APPROVAL: orC r - z ,a- ,w, Charles Hansen, Assistant Finance Director **************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: Ao dt f; No comments to suppleme t this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The final debt service payment for the 1976 Special Assessment Debt • Service fund was made on February 1, 1991. Once the bonds have been paid, there is no longer any reason to maintain a separate debt service fund. The remaining assets of the fund may be transferred to other City funds as the City Council deems appropriate. When adopting the 1991 and 1992 Economic Development Authority budgets, the assumption was made that a $1,000,000 endowment fund was to be created from a transfer from other funds. The interest earned would the be used to support housing programs within the City. Making this transfer, retroactive to January 1, 1991, is necessary to fulfill these budgets. Other remaining assets haven't been committed until this time. It is recommended that minor amounts of remaining taxes receivable and special assessments receivable be transferred to funds having similar assets. The balance of the fund's assets, which including 1991 net of revenues over expenditures should amount to about $1,000,000, should be transferred to the Capital Improvements fund. The 1976 Special Assessment Debt Service fund can then be closed. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. Ild (RESCLSFD) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND ------------------------------------------------------------- WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to make transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of the City Charter, or State Statutes; and WHEREAS, the 1976 Special Assessment Debt Service fund was established to receive special assessment collections and interest earnings and to make debt service payments on the bonds sold; and WHEREAS, all obligations of the 1976 Special Assessment Debt Service fund were satisfied and all bonds and interest paid on February 1, 1991; and WHEREAS, there now exists accumulated cash surpluses and delinquent taxes and special assessments receivable which are primarily a result of interest earned on investments and transfers from other debt service funds which were closed in prior years; and WHEREAS, the Fund Balance in this fund as of December 31, 1990 was $1,950,378.01 and there have been additional special assessment collections and interest earnings during 1991; and WHEREAS, the City has established a Capital Improvements fund to provide funds and to account for the expenditure of such funds for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. to transfer effective January 1, 1991, the amount of $1,000,000.00 to the Economic Development Authority for the creation of an endowment, the earnings of which will be used to support acquisitions and projects conducted pursuant to Minnesota Statutes, Section 469.012, subdivision 1 clause (7) or such other projects as are hereafter approved by the City Council. 2. to transfer remaining the special assessments receivable of approximately $5,000 to the Special Assessment Construction fund. 3. to transfer the remaining property taxes receivable of approximately $1,500 to the Park Bonds of 1980 Debt Service fund. 4. to transfer the remaining excess of 1991 revenues over expenditures to the Capital Improvements fund when they have been determined at year end. 5. to close the 1976 Special Assessment Debt Service fund. 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. H IE'S F:H','EFI P. HOLINIE5 & CHARTERED .lttwtx7S H E.6w [.LFi:A 470 Pillsburi t erire., %tinnerrpolis .�ilnne+.xta 554u2 JO}iV M. NF. JK. ROBY.KT BAr ROBERT J. H A {.D H. $4771' (61_') 317.9,100 1, At it,% K, 111)i.l.i:T 1tbN "(FTHUN J. at at L Facnkaile (6121337.9310 DANIE). R. YEi.w% RoU RT C. ('AKI.u)% $AX9 %R A 1.. RQR'TMtx)D CHRIST) \k M. CHALE JAAI) NI, tiTK(rii \ti:♦ JOHN 8. OkAY !STEVE` Yt_ T.U.1, ►:r %IAR)' G. 00851Ns JAMCN rROMNON, JK. !iTF:YA \l! N, (;M-LY AA'RITEk�i DIRECT DtA1, t,ARK% M. WvkT11iJN1 UoRw% K A. Hmm; BONNIE 11. WILKINS J HoLStr:s D AVID J. 1CkYNEDY KAV ❑M i t) 1 - C: :N41*Mi soHN R. t.,R.or 337 -3215 WEIJ.l�CTp.� H. I,Aw — ts (Of RI)IMICT 1.. DA%11)M)I% December 12, 1991 Mr. Paul Holmlund City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Transfer of Funds to the Economic Development Authority Dear Paul: The City of Brooklyn Center has certain funds available in its 1976 Special Assessment Debt Service Fund and has asked for my opinion on whether the City is legally authorized to transfer a portion of such funds to the Brooklyn Center Economic Development Authority. In my opinion, it would be lawful to transfer such funds for certain purposes as described more fully in this letter. The Economic Development Authority essentially has the same powers as a housing and redevelopment authority. Minnesota Statutes 9 469.091. Housing and redevelopment authorities have the power to undertake various activities. For purposes of this letter, I have divided the activities into two categories. The first category is the acquisition of substandard buildings pursuant to Section 469.012, Subd . 1, clause (7). This clause authorizes the EDA to acquire real property, and to demolish, remove, rehabilitate, or reconstruct the buildings and improvements or construct new buildings or improvements on the property. Under the authority of this clause, the EDA may undertake these activities without the adoption of an Urban Renewal Plan. Real property with buildings or improvements may only be acquired when the buildings or improvements are substandard. Substandard buildings may be buildings which are actually hazardous or buildings which are simply dilapidated or obsolescent, faultily designed, lack adequate ventilation, light, or sanitary facilities, or any combination of these or other factors that are detrimental to the safety or health of the community. The powers of the City with respect to this category of activity is set forth in Minnesota Statutes § 469.041, clause (9), which authorizes the City to furnish funds available to it from any source to pay the cost of such activities. In other words, the City may mare a cash contribution to the EDA for such acquisition q s. The second category includes a broad range of activities such as housing, housing development, redevelopment, mortgage assistance, rehabilitation loans and gr a nt s , ) and others. These activities generally require the adoption of a more cases a p formal plan, and in many approval by the City Council. The City Council is authorized by CLL26042 BR29I-9 Mr. Paul Holmlund December 12, 1991 Page 2 Minnesota Statutes 469.041, clause (6), to do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of "projects." That is, the City is authorized to provide cash contributions in aid of such projects once there is a project. However, because such projects have not yet been formulated and approved, and because such projects cannot be undertaken by the EDA without first taking such steps, I would not recommend the City funds be transferred to the EDA for these activities. That is not to say that funds contributed by the City for one purpose may not be diverted to another authorized use if approved by both the City Council and the EDA. Therefore, transfer of the City funds to the EDA could be made for activities in the first category described above (i.e. acquisition of substandard buildings); and Iater, if the EDA adopts a redevelopment project, for example, then funds transferred to the EDA could be used for that purpose if both the EDA and the City agreed to such use. If you have any further questions, please give ale a call. Very truly yours, Charles L. LeFev ere CLL: rsr CM26042 88291 -9 (REQPUBHR) CITY OF BROOKLYN CENTER council Meeting Date Agenda Item Number �/ L: REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF THE CITY'S TAX INCREMENT REFUNDING BONDS, SERIES 1992A **************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: �JLQlt� =¢ GLn.u: tt W, Charles Hansen, Assist VF�in ce Director MANAGERI S REVIEW /REC0MM]nWDAT,30N�� ff No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) At its November 18, 1991 meeting, the Council passed Resolution 91 -264, • approving the sale on January 13, 1992, of $4,275,000 of General Obligation Tax Increment Refunding Bonds, Series 1992A. One of the legal requirements of this sale is that a public hearing be held the night of the sale. The attached resolution sets this public hearing for 7:15 on January 13, 1992 and directs the City Clerk to publish a notice of it in the newspaper. RECD . RECO CITY COUNCIL ACTION Passage of the attached resolution. (RESPUBHR) Member introduced the following resolution and moved its adoption: i RESOLUTION NO. RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF THE CITY'S TAX INCREMENT REFUNDING BONDS, SERIES 1992A --------------------------------------------------- WHEREAS, by Resolution 91 -264, the City Council of the City of Brooklyn Center (the "City ") , determined to issue its $4,275,000 General Obligation Tax Increment Refunding Bonds, Series 1992A (the "Refunding Bonds ") to refund the outstanding principal amount of the City's $5,250,000 General Obligation Tax Increment Bonds, Series 1985A (the 11 1985 Bonds ") ; and WHEREAS, Section 1313(b) of the Tax Reform Act of 1986 requires that a public hearing be held following 14 days published notice in order to preserve the tax - exempt status of the Refunding Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. the City will hold a public hearing regarding the issuance of the Refunding Bonds at 7:15 on January 13, 1992, at its regular meeting to be held on that date. 2. The City Clerk is hereby authorized and directed to cause to be published in a newspaper of general circulation in the City not later than December 27, 1991, notice of such public hearing in substantially the form o attached hereto as Exhibit A. Date Todd Paulson, 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. CITY OF BROOKLYN CENTER council Meeting Date December 16. 1901 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FIVE (5) SQUAD CARS DEPT. APPROVAL: P dt Patricia A. Page, Deputy Ci Clerk MANAGER'S REVIEWlRECON[MENDATION: No comments to supplement this report Comments below /attached SUL EVLARY EXPLANATION: (supplemental sheets attached ) Attached are specifications for five squad cars which were approved in the 1992 police department budget. If the specifications are approved I will advertise for bids with an opening date of January 9, 1992. I would expect to have a recommendation for the Council at their January 13, 1992, meeting. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. • 11� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FIVE (5) SQUAD CARS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of five (5) squad cars are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of five (5) squad cars in accordance with said specifications. Date Todd Paulson, 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. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR FIVE (5) COMPACT SEDANS 1. GENERAL All bids must be received at the office of the City Clerk on or before 11 a.m., January 9, 1992, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked 'Bid for Compact Police Sedans." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The police sedans proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service, and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mention in this proposal are descriptive, but not restrictive, and used only to indicate type and standard of material or equipment desired. The police sedans the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalo information showing make, model, and complete specifications of the sedans the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all actions. i 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and . service, as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of bids. 6. PROOF OF WORKER'S COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. GENERAL The vehicles and /or equipment called for herein shall be new compact sedans currently advertised, models incorporating all the latest available changes and features, including all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. Special police package. BODY Four (4) door SEATING Split bench seating, cloth upholstery, full foam padded seats, with electric 6- way adjust for driver's seat, cloth front /vinyl rear. Head room front 38" minimum Leg room front 41" minimum Shoulder room front 57" minimum TRUNK RELEASE Power release within easy reach of driver. WINDSHIELD WIPERS Should have high and low setting and intermittent control. MISCELLANEOUS EQUIPMENT Cigarette lighter Rear window defogger or defroster Tinted glass throughout Factory air conditioning Trunk lr a ht b Right and left hand remote adjustable mirrors Speedometer 0 Rear door handles and windows inoperative MISCELLANEOUS EQUIPMENT (Continued). * vehicles ehicles to be fleet keyed alike Door edge guards Tilt steering wheel Power door locks Carpet floor mats Quartz clock Electric windows Moldings, front door delete (shipped loose with vehicle) CHASSIS Wheel Base: 106" minimum Brakes: Power disc front and rear Front and rear semi - metallic brake linings Transmission: Automatic transmission 4 -speed with overdrive Differential: Front wheel drive configuration Suspension: Heavy duty front and rear suspension, shocks and springs, stabilizer bar front and rear, manufacturer's maximum capacity suspension for handling. Steering: Power assisted Wheels and Tires: Wheels 14" belted radial tires Engine Compartment: Engine 3.1 L - V -6 design, 191 cu. in. displacement minimum, higher cooling capacity radiator - heavy duty, fuel filter, oil filter, air cleaner, heavy duty transmission cooler, etc. *This item is not optional. ELECTRICAL Heavy Duty Battery: Heavy duty (80 amp hour minimum) Generator: 130 amp Radio: Standard Lights: All lights to meet Minnesota Vehicle Code. COLOR Five at manufacturer's standard color - color to be chosen at time of order. MANUAL One (1) Parts Manual and One (1) Service Manual to be provided. OPTIONS 1. Spotlamp, door mounted lefthand S" halogen clear to be added or deleted at time order is placed. 2. Anti -lock breaking system PROPOSAL FIVE (5) COMPACT SEDANS TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: We propose to furnish and deliver five (5) police sedans according to the specifications at the following bid price: 1. Bid Price Per Unit 2. Total Bid Price (Five (5) Units) 3. Delivery Charge (For those dealers in excess of a 50 mile radius of Brooklyn Center) 4. Delivery Date (calendar days) Signed: Firm Name: Address: Date: Bid Opening: January 9, 1992, 11 a.m. CITY OF BROOKLYN CENTER Council Meeting Date December 16. 1901 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION I'T'EM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT CARGO VAN FOR ANIMAL CONTROL DEPT. APPROVAL: pcft .. 0'. P Patricia A. Page, Deputy City &rk MANAGER'S REVIEW/RECOABMNDATION: No comments to supplement this report Comments below /attached SUN DIARY EXPLANATION: (supplemental sheets attached ) Attached are the specifications for a compact cargo van which was approved in the 1992 animal control budget. If the specifications are approved I will advertise for bids with an opening date of January 9, 1992, at 11 a.m. I would expect to have a recommendation for the council at their January 13, 1992, City Council meeting. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT CARGQ VAN FOR ANIMAL CONTROL BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) compact cargo van for animal control hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) compact cargo van in accordance with said specifications. Date Todd Paulson, 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. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) COMPACT CARGO VAN 1. GENERAL All bids must be received at the office of the City Clerk on or before 11 a.m., January 9, 1992, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for Compact Cargo Van." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The van proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service, and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mention in this proposal are descriptive, but not restrictive, and used only to indicate type and standard of material or equipment desired. The van the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the van the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and service, as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of bids. 6. PROOF OF WORKER'S COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. GENERAL The vehicles and /or equipment called for herein shall be a new compact cargo van currently advertised, models incorporating all the latest available changes and features, including all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. BODY Compact Cargo Van w /Rustproofing SEATING Two (2) bucket seats, vinyl upholstery, full foam padded seats MISCELLANEOUS EQUIPMENT Cigarette lighter Tinted glass throughout Factory air conditioning Left and right outside mirrors approximately 6" x 8" Speedometer Tilt steering wheel Front and rear bumpers painted Left and right visors CHASSIS Wheel Base: 109" minimum Brakes: Power disc front Drum rear Transmission: Automatic transmission Differential: Front /rear wheel drive configuration Suspension: Standard duty Steering: Power assisted Is Wheels and Tires: Belted radial tires /All season design tread Full -sized tire & rim Engine Compartment: Engine 6 cyl. F.I. design, 3 liter displacement minimum, higher cooling capacity radiator -heavy duty transmission cooler, heavy duty fuel filter, oil filter, air cleaner, etc. ELECTRICAL Heavy Duty Battery: Heavy duty (70 amp hour minimum) Generator: 80 amp Radio: Standard Lights: All lights to meet Minnesota Vehicle Code COLOR Manufacturer's standard color to be selected at bid opening. MANUAL One (1) Parts Manual and One (1) Service Manual to be provided. PROPOSAL ONE 1 COMPACT CARGO VAN TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: We propose to furnish and deliver one (1) compact cargo van according to the specifications at the following bid price: I. Total Bid Price 2. Delivery Charge (For those dealers in excess of a 50 mile radius of Brooklyn Center) 3. Delivery Date (calendar days) Signed: Firm Name: Address: Date: Bid Opening: January 9, 1992, 11 a.m. CITY OF BROOKLYN CENTER Council Meeting Date 12/16/91 Agenda Item Number zi REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING PAYMENT FOR INTERCEPTOR SEWER TELEVISING /CLEANING, IMPROVEMENT PROJECT NO. 1991 -24 DEPT. APPROVAL: Sy Knapp, Di ector of Public Works MANAGER'S REVIEW /RECOMMENDATION: V No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Yes Improvement Project No. 1991 -24, Interceptor Sewer Televising /Cleaning, has been completed by Solidification Inc. The City Council accepted their proposal per Resolution No. 91 -258 and a contract was subsequently executed. The actual final value of work equals the original contract. Staff recommends acceptance of the work performed and authorization to make payment to Solidification Inc. Note The attached memorandum, based on the television report, notes that there is not an immediate need for replacement or repair of the 21" RCP River Receptor, as previously assumed. Because root removal had never been performed on this sewer, they (the roots) had grown through the pipe joints to a point where the flow was impeded, and occasionally "backed -up ". After the roots were removed, the flow returned to normal, and no further problems are foreseen. However, it is recommended that roots be removed from this sewer a minimum of once every other year, as preventative maintenance. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing payment to Solidificaion Inc. is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING PAYMENT FOR INTERCEPTOR SEWER TELEVISING /CLEANING, IMPROVEMENT PROJECT NO. 1991 -24 WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Solidification Inc. has satisfactorily completed the following improvement in accordance with said contract: INTERCEPTOR SEWER TELEVISING /CLEANING IMPROVEMENT PROJECT NO. 1991 -24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center Minnesota that: y , 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $ 6,400.00 $ 6,400.00 2. The actual value of work performed equals the original contract value. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $ 6,400.00. 4. All costs relating to this project shall be charged to the Public Utility Fund. Date Todd Paulson, 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. MEMORANDUM DATE: December 9, 1991 TO: Sy Knapp, Director of Public Works File - Public Utility /Sewer RE: Mississippi River Interceptor Sewer Upon examination of the television report (after root removal) which was performed on November 22, 1991, we are of the opinion that there is not an immediate need for additional work on the 21" RCP Mississippi River Interceptor Sewer. Although a minor sag (1 or 2 inches over 4 pipe lengths) exists, its effect on flow was greatly exaggerated by the presence of tree roots in numerous joints. As you may recall, the previous television inspection effort was thwarted by these tree roots, which in many cases reduced the effective diameter of the pipe by 50 %. The $ 6,500 we most recently spent was to remove these roots (for the first time ever), plug off the flow and provide normal television inspection. Accordingly, what we recommend, is to watch the performance of this sewer closely over the next 6 to 12 months, and maintain a regular root removal program for this line and similar sewers throughout the City. If, however, backups or "heading up" reoccur in this sewer, we will be in a position to address the problem at once. For the time being we do not foresee having to replace or repair this sewer. I will suggest, nevertheless, that we leave the Capital Improvements Program intact, just in case. f ' C � av -e, Mark J. Maloney Dave Peterson City Engineer Superintendent of Public Utilities Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE FOR REPAIR AND SERVICE TO AMERICAN.LAFRANCE FIRE TRUCK WHEREAS, an appropriation was approved in the 1992 Fire Department budget for repair and service to a 1981 American LaFrance Ladder 100 Foot Water Chief fire truck; and WHEREAS, Beilman Glander and Associates is the only authorized service center for American LaFrance equipment for the Minnesota, Wisconsin, North and South Dakota area; and WHEREAS, a quotation for repair and service was received from Beilman Glander and Associates in the amount of $17,900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center the quotation of Beilman Glander and Associates in the amount of $17,900 for the repair and service to the American LaFrance Fire Truck is hereby accepted. BE IT FURTHER RESOLVED payment will be not be made for these repairs until 1992 and payment will be taken from the Fire Department budget appropriation approved for these repairs. Date Todd Paulson, 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. TO: Jerry Splinter City Manager FROM: Ron Boman Fire Chief SUBJECT: Ladder Repair /Testing /Enclosing Jump seat area. Date: December 11,1991 have received a quote for repairing the American LaFrance from Beilman Glander and Associates from West Salem Wisconsin, this is the authorized service center for American Lafrance for Minnesota, Wisconsin and North and South Dakota. The quotation I received from Beilman is within the budgeted amount in my 1992 budget. Beilman & Associates would pick up the ladder at our station and return it to the station after they have made the necessary repairs, which are straightening the ladder and installation of the enclosed cab for the jump seat area. and testing the ladder after it has been repaired. The cost of the repair will be $17,900 for repair, straightening of the ladder and installation of the enclosed cab per my 1992 budget request. The billing for this repair will not be done until after January 1, 1992, the reason I am requesting the repair to be started now, is that the American Lafrance factory specialist for ladder repair will be at Beilman's facility for other ladder repair in December and Beilman would like to repair our ladder at this time. I have not sought other quotations for this repair work as this is the only authorized American LaFrance service center for this area and have the trained personnel to work on our ladder. A few years ago when our ladder needed repair we sent it to a local repair shop that was low bid and stated they could repair the ladder, but we encountered many problems before the ladder was repaired correctly. When you consider the fact that replacement cost for our American LaFrance would exceed $500,000 it only make sense to have this type of work done by repair center that has been properly trained by American LaFrance at there factory and are an authorized service center. Licenses to be approved by the City Council on December 16, 1991: BOWLING ALLEY Earle Brown Bowl 6440 James Circle City Clerk 9414- COURTESY BENCH U. S. Bench Corporation 3300 Snelling Ave. City Clerk GASOLINE SERVICE STATION Brookdale Unocal 76 5710 Xerxes Ave. N. Brooklyn Center Service 11 76" 6245 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Metropolitan Transit Commission 6845 Shingle Ck. Pkwy. Thompson Lumber Company 4810 N. Lilac Drive Wes' Amoco 6044 Brooklyn Blvd. City Clerk LODGING ESTABLISHMENT Northwest Residence 4408 - 69th Ave. N. (fi Super 8 Motel 6445 James Circle P, 4) d�.A SanitarianG MECHANICAL SYSTEMS n n�y Brooklyn Air Heating and A/C 5801 Lyndale Ave. N. e llAIM Building Official POOL AND BILLIARDS TABLES ' Lynbrook Bowl 6357 N. Lilac Drive City Clerk-, PUBLIC DANCE Earle Brown Bowl 6440 James Circle City Cleirk RENTAL DWELLINGS Initial: George I. Kosmides Lyn -River Apts. Vincent D. Pappone 4201 Lakeside Ave. N. JJ318 Renewal: James Lupient Basswood Apts. Rudolph Olson 6505 Brooklyn Blvd. Patti Zoerb 5900 Camden Ave. N. Rafael Rocha 5326 James Ave. N. Richard and Kathy Allen 5336 N. Lilac Drive Anna Gullord 5337 -39 Queen Ave. N. Robert Messersmith 5338 Queen Ave. N. Steven D. Lanier 5256 E. Twin Lake Blvd. Norton Rockler 1329 - 63rd Lane N. � /r Omar and Kathrine Schmidt 5352 - 72nd Circle N. a Director of Planning and Inspection SPECIAL FOOD HANDLING ESTABLISHMENT Wes' Amoco 6044 Brooklyn Blvd. Sanitarian TOBACCO RELATED PRODUCT Brookdale Unocal 76 5710 Xerxes Ave. N. Brooklyn Center Service 11 76" 6245 Brooklyn Blvd. Brooks Food Market 6804 Humboldt Ave. N. Cole's Gift Shop 2200 Freeway Blvd. Country Club Market 5715 Morgan Ave. N. Earle Brown Bowl 6440 ,Tames Circle Lynbrook Bowl 6357 N. Lilac Drive Wes' Amoco 6044 Brooklyn Blvd. City Cle k AIW IL W - .. w GENERAL APPROVAL: , ou, quij P. Page, Deputy Clerk CITY OF BROOKLYN CENTER Council Meeting Date December 16, 1991 Agenda Item Number /3 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1992 LIQUOR LICENSES DEPT. APPROV : Jams Lin say, Chief of Police MANAGER'S REVIEW/RECOMMENDAT N: No comments to supplement this report Comments elow /attached. SUMMARY EXPLANATION: (supplemental sheets attached yes ) • Attached please find the list of liquor licenses for renewal for 1992, grouped by categories of license. Also attached is the annual report of liquor license holders for 1991. The annual liquor report identified two problem areas during 1991. The City prosecutor noticed an increased number of driving violations involving liquor originating from the Northern Lights lounge located at the Holiday Inn. Working with the management company, all top managers including the general manager were replaced. The new managers have cooperated fully with the police and the problems have been resolved. The other situation involves the Lynbrook Bowl where a bowler was arrested for sports bookmaking. It appears the bowler has been selling tipboards for some time at the bowling alley. The County Attorney is reviewing the case to determine what criminal charges will be considered. Without this information, action against the Lynbrook's liquor license cannot be considered at this time. The case file has been forwarded to the City Attorney, Charlie LeFevere, for review of what civil action may be taken. Attached is LeFevere's memo to City Manager Gerald G. Splinter discussing some civil options the council may want to consider. Mr. LeFevere will be available to discuss the possible actions the City Council may want to consider regarding the Lynbrook Bowl. It should be noted that the Lynbrook Bowl has qualified to move from a Class C to a Class B license for 1992. This means their sales of food versus liquor is now over 50% food. RECOMMENDED CITY COUNCIL ACTION • The City ouncil approve the listed liquor licenses for 1992. Y PP q orjYMN CFNTF I 9 BROOKLYN OKLYN CENTER POLICE POLICE DEPARTMENT MEMORANDUM TO: Chief James Lindsay FROM: Captain Joel Downer DATE: December 9, 1991 SUBJECT: Police Department Liquor License Annual Report This report is a summary of all police department action taken in- and around liquor establishments holding on -sale beer, wine and liquor licenses within the City of Brooklyn Center. The reporting period is December 1, 1990, through November 30, 1991. There are 22 licensed establishments included in this report. There were a total of 733 police actions involving licensed establishments. There were 689 calls for service, 34 traffic related incidents and 10 background investigations involving license holders or managers. The parking and traffic citations noted in this report are those which were reported by citizens and generated an initial complaint report. The vast majority of parking and traffic citations are not recorded. in the computer system as they.are self- initiated by officers. None of the drug arrests made at or near any of the licensed establishments were related in any way with the operation of the on -sale portion of the premises. American Legion Club 4307 70th Avenue North There were nine reported incidents at the American Legion Club. Bar check - 2 Fire to vehicle - 1 Insecure area - i Medical emergency - 1 Miscellaneous public - 1 Thett - 3 Memorandum to Chief James Lindsay Page 2 December 9 1991 Applebee's, 1347 Brookdale Center There were 21 incidents reported at this location. The rules and regulations infractions related to the improper processing and storage of food. Bar check - 4 Detox - 1 Miscellaneous public - 5 kui.es and regulations - 3 Sick and cared for - 3 Theft - 5 Days Inn, 1501 Freeway Boulevard There were 100 calls for service reported at the Days Inn. The two calls where people were sent to Detox were not related to the liquor operation. There were two incidents of underage drinking; one occurred in the parking lot, the other occurred in a motel room. The sex offense listed was reported by a female who stated she was sexually assaulted in one of the motel rooms by a guest of the motel. Four assaults were reported and only one of those is related to the liquor operation. A group of intoxicated patrons were being ushered from the bar at approximately 11:15 p.m. one night when a scuffle broke out among members of the group. Aid and assist - 1 Assault - 4 Background investigation - 1 Bar check - 3 Confiscated property - 1 Crime against family - 1 Detox - 2 Disturbing the peace - 1 Domestic - 1 Drug offenses - 2 Fire lane violation - 1 Fire - 1 Forgery - 1 Fraud - 1 Hit and run property damage accident - 2 Memorandum to Chief James Lindsay Page 3 December 9, 1991 Lockout - 10 Medical - 2 Miscellaneous public - 31 Motor vehicle theft - 2 Other jurisdiction - 2 Property damage motor vehicle accident - 1 Reckless driving - 1 Sex crimes - 1 Sick and cared for - 2 Suspicious acts - 2 Theft - 12 Theft related - 2 Traffic stop - 2 Vandalism - 7 Earle Brown Bowl, 6440 James Circle There were 82 calls for service at this establishment during the reporting period. The reported assaults took place in the parking lot and were not related to the liquor operation. The subject sent to Detox was in the bowling alley portion of the Earle Brown Bowl. The subject was tearing things apart and stated that he had a gun. Aid and assist - 3 Ali other - 1 Assault - 1 Background investigation - 2 Bar check - 2 Bicycle found - 1 Curfew violation - 1 Detox - 1- Disturbing the peace - 1 Domestic - 1 Eire 2 Hit and run r - p operty damage accident 1 Local recovery of stolen vehicle - 2 Lockout - 8 lliscelianeous public - 20 Motor vehicle theft - 4 Obstructing justice - 1 Other jurisdiction - 1 Property damage accident - 1 Memorandum to Chief James Lindsay Page 4 December 9, 1991 Public accident - 1 Rules and regulations - 2 Sick and cared for - 5 Suspicious acts - 2 Theft - 12 Traffic accident - 1 Vandalism - 5 Earle Brown Heritage Center, 6155 Earle Broom Drive There were 14 calls at this location during the reporting period.. The assault that was reported was a disgruntled ex- employee who made threats to a supervisor. The threats were never carried Out. Alarm - 1 All other - 1 Assault - 1 Fire - 1 Hit and run property damage - 1 Insecure area - 1 Lockout - 3 Miscellaneous public - 2 Theft - 3 Ground Round, 2545 County Road 10 There were 33 calls for service at the Ground Round restaurant in this reporting period. One noteworthy contact was the consumption of alcohol after hours during January of 1991. The offense was observed at approximately 1:45 a.m. by a Brooklyn Center police officer who was checking commercial areas. The management and staff of the Ground Round was not cooperative with the initial investigation by the Brooklyn Center Police Department. As the investigation progressed, statements were obtained from witnesses. Two employees were charged with the misdemeanor offense of consumption of intoxicating liquor after hours of operation. The assault reported at this location was a threat made from one customer to another and was not directly related to the liquor operation. Hemorandum to Chief James Lindsay Page 5 December 9, 1991 The rules and regulations incidents relate to the proper storage and handling of food. Alarms - 4 Assault - 1 Bar check - 1 Bicycle found - 1 Handicapped parking - 1 Local recovery of stolen auto - 1 Lockout - 7 Hiscellaneous public - 5 Property damage motor vehicle accident - 1 Rules and regulations - 2 Theft - 4 Traffic stop - 1 Vandalism - 4 Hclidav Inn 2200 Freeway Boulevard rd There were 190 contacts at the Holiday Inn during this reporting period. Seven of these were related to the liquor operation. of the eight assaults reported, five occurred in the bar. Both of the disorderly conduct incidents occurred in the bar. The minor consumption appeared in the bar when a 19 year old misrepresented her age and was served alcoholic beverages. The rules and regulations offence related to the proper handling and storage of food. Aid and assist - 4 Alarms - 2 All other - 2 Assault - 8 Background investigation - 1 Bar check - 6 Curtew violation - 1 Detox - 1 Disorderly Conduct - Disturbing the Peace - 1 Dog tags - 1 Domestic - 2 Drug offenses - 3 Falls - 2 Memorandum to Chief James Lindsay Page 6 December 9, 1991 False alarm - 1 Fighting and brawling - I Fire - 3 Forgery - 1 Found property - 2 Hit and run property damage accident - 2 Handicapped parking - 1 Local recovery of stolen vehicle - 1 Lockout - 18 Lost property - 1 Medical emergency - 1 Minor consumption - 1 Miscellaneous public - 56 Motor vehicle theft - 8 Obscenity - 2 Other jurisdictions - 2 Property damage accident - 3 Public accident - i Rules and regulations - 1 Sick and cared for - 8 Suspicious act - 3 Theft - 12 Theft related - 1 Personal injury traffic accident - 1 Traffic arrest, DWI - 2 Traffic stop - 4 Vandalism - it LaCasita /Chi -Chi's 2101 Freeway Boulevard There were 20 incidents reported at this establishment. The drug offense involved an employee in the kitchen who was suspected of selling cocaine. It is believed the sales of cocaine took place in the parking lot of Chichi's. Alarms - 2 Background investigation. - 3 Bar check: - 1 Drug offense - 1 Lockout - 4 Miscellaneous public - 2 Memorandum to Chief James Lindsay Page 7 December 9, 1991 Motor vehicle theft - 1 Sick and cared for - 1 Suspicious act - 1 Thett - 1 Vandalism - 3 Lynbrook Bowl, 6357 North Lilac Drive There were 76 calls for service at this liquor establishment. There were four noteworthy incidents during the reporting period. The one assault that was reported was a bar fight during which the victim was assaulted with a pool cue. The subject taken to Deto:z had been involved in a fight in the bar area and the one fighting and brawling incident occurred in the bar area. The reported gambling incident involved the arrest of a suspect s,ho was involved in sports bookmaking. The gambling case is still under investigation. Alarms - All other - 2 Assault - 1 Bar check - 2 Burglary - 2 Detox - 1 Drug offense - 1 Fighting and brawling - 1 Gambling - 1 Hit and run property damage accident - 1 Handicapped parking - 1 Lockout - 7 iliscellaneous public - 21 Motor vehicle theft - 5 Other jurisdiction - 2 Sick and cared for - 1 Suspicious act - 4 Theft - 14 Theft related - 2 Tratfic offense - 1 Vandalism - 3 itemorandum to Chief James Lindsay Wage 8 December 9, 1991 Olive Garden, 1601 James Circle There were 31 incidents at the Olive Garden during this reporting period. The only one related to the liquor operation was the manager's background investigation. Alarms - 6 All other - 1 Background investigation - 1 Hit and run property damage accident - 2 Lockout - 7 ltiscellaneous public - 2 Property damage accident - 1 Public accident /calls - 1 Sick and cared for - 1 Suspicious act - 1 Theft - 6 Vandalism - 2 Fred Lobster. 7235 Brooklyn Boulevard There were 17 calls for service at the Red Lobster during this reporting period. The only call related to the. liquor operation was the manager's background investigation. Alarm - 1 Background investigation - 1 Bar check - 1 Found property - 1 Lockout - 7 iiiscellaneous public - 2 Suspicious act - 1 Theft - 2 Vandalism - 1 n t9right's, 5800 Shinal Creel parkway There were 3O calls for service to this location during the reporting period. None were significant to the liquo opt— ratio:-. The assault which eras reported was 3i_zvenile offens:. which occurrerI in the parking lot. The domestic situation occurred on the street in rront of T. Wrigi;t' . Memorandum to Chief James Lindsay Page 9 December 9, 1991 Alarms - 4 Assault - 1 Bar check - 3 Bicycle found - 1 Domestic - 1 Expired plates - 1 Lockout - 4 Miscellaneous public - 5 Sick and cared for - 1 Theft - 7 Traffic stop - 2 The following is a list of ten license holders that have on -sale beer or wine licenses and have experienced no police problems with their licensed operation. The one incident of fighting and brawling occurred in the Denny'- parking lot and was unrelated to the liquor operation. The underage consumption also occurred in Denny's parking lot and was not related to the liquor operation. The license holders covered in this section of the summary are: Beacon Bowl, 6525 Lyndale Avenue North Chuck Wagon Inn, 5720 Horgan Avenue North Davanni's, 5937 Summit Drive Dayton's, 1000 Brookdale Center Denny's Restaurant, 3901 Lakebreeze Avenue North 50's Grill, 5524 Brooklyn Boulevard Little Brooklyn, 6219 Brooklyn Boulevard Pizza Hut, 6002 Shingle Creek Parkway Scoreboard Pizza, 6800 Humboldt Avenue North Yen Ching Restaurant, 5900 Shingle Creek Parkway Rib and Assist - 2 tilarm_s - 6 hnimai impound:, - 2 background investigations - 1 burgiary ?False alarm ; - Fighting and brawling - 1 Fir -. -- 1 rcrgery 1 lfemorandum to Chief James Lindsay Page 10 December 9, 1991 Found property - 1 Hit and run accident - 1 Insecure area - 2 Lockout - 28 ifedical - 2 111scellaneous public - 19 Parking violation - 1 Property damage accident - 4 Personal injury accident - 1 Rules and regulations - 1 suspicious activity - 4 Theft - 21 Traffic - 5 Vandalism - 1 HOLMES & GRAVEN i H.iRt1:RED W a m1kr. \linntapolit, MInnrwt, $1402 J(M % M. Iji4 RF, J)t IKT i. , ►L \ttP t *12) 337 - 4300 ♦rr(r J. 1.1Nuu.I. 11 t) H. Bar "tt L 11 K t A. �Itt14t r ti T►Ptt!\ 1. RF It I F�cum(k (Ill) 337 - 03It1 Dk%lf I k. \li VI\ Ro st -T t . ('aki.\Ati D4Ra IR t I.. PORPA0111 ( IIRI�TI \1. M. i /.- J tills \I. "Tum \ti.♦ JIFHV s. OFav \IART sm I .% Ni. r it ! r\ G.Iluaslti\ J%%IF.%J. Pllotl\u\.JK. O IRKIN ., L (; .il ►.1 f.,(KRI M. N F k I HEINI J CUkkl\ X Ht lm k s : 1'' RITtR'S DIRECT AIDIAL }lu\ \IF 1., 1i 11.ni\ti .irte, !�. q.,ut.\ D01D ). Klr,vtlN — JuH. K- L.t Ka t /\ 337 -9215 Mla [III.. (. % %F: \I1414-11w ►pia LINCTIFV H. LiN Of 4RI_Fs I., I.kFta FRII OF t of \%I I knack 11.. 1) utlt \tt♦ December 11, 1991 Mr. Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Liquor License of Lynbrook Bowl Dear Mr. Splinter: It has come to our attention that Lynbrook Bowl, the holder of an on -sale restaurant liquor license in the City has allegedly allowed illegal gambling to occur on the licensed premises. If so, this would constitute a violation of state liquor laws ( Minnesota Statutes § 340A.410, Subd. 5) and Brooklyn Center City Code Section 11 -711, para. 17. This would subject the licensee to a civil fine in an amount not to exceed $2,000 for each violation, suspension, or revocation, all pursuant to Minnesota Statutes 1340A.415 and Brooklyn Center City Code Section 11 -715. In order to impose one of these disciplinary measures on the licensee, the licensee must be given a due process hearing under the State Administrative Procedures Act - The procedure for such a hearing would be to hire an administrative law judge or Independent hearing examiner to hold a hearing, and receive testimony and other evidence on the alleged violation, and make a report and recommendation to the city council. The City Council could then review and consider the recommendation and, if appropriate, suspend or revoke the license or impose a civil fine. Typically in these cases, we would complete the investigation and meet with the licensee to determine whether the licensee wishes to waive the hearing and agree to the imposition of penalties. We would then report to the City Council the terms and conditions to which the licensee is willing to agree, if any, and the Council could conclude whether it felt these penalties were appropriate; if not, the Council could decide to order a hearing. If the Council membprq wish not to adopt this process, if would be helpful if they communicated that wish now before we commence negotiations with the licensee. Additionally, if the Council wishes to express any advice or comment on appropriate penalties, it would be helpful to receive them in the near future. CLL26036 sR291 -62 Mr. Jerry Splinter December 11, 1991 Page 2 If we receive no instructions from the Council to the contrary, I would recommend we proceed as outlined above. This will allow us to present the City Council with a number of options to consider: (1) to enter into an agreement for the imposition of penalties, (2) to order a hearing, or (3) to take no action. Very truly yours, Charles L. LeFevere CLL: rsr i CLL26036 DR291 -6Z 1992 LIQUOR LICENSES On -sale Intoxicating Liquor Class A: General Mills Restaurants, Inc. d /b /a Olive Garden Italian Restaurant 1601 James Circle North General Mills Restaurants, Inc. d /b /a Red Lobster Restaurant 7235 Brooklyn Boulevard Class B Midwest Restaurant Associates Inc. d /b /a Applebee's 1347 Brookdale Center GBM of Brooklyn Center, Inc. d /b /a Chi Chi's 2101 Freeway Boulevard Integra, Inc. d /b /a Days Inn 1501 Freeway Boulevard Earle Brown Bowl, Inc. d /b /a Earle Brown Bowl 6440 James Circle North Ground Round Restaurants, Inc. d /b /a Ground Round Restaurant 2545 County Road 10 Larken, Inc. d /b /a Holiday Inn 2200 Freeway Boulevard Steven J. Nelson, Inc. d /b /a Lynbrook Bowl 6357 North Lilac Drive Matarese, Inc. d /b /a T. Wrights 5800 Shingle Creek Parkway Class F (Heritage Center): Omega Foods, Inc. d /b /a Atrium Catering 6155 Earle Brown Drive Sunday On -Sale: All Class A, B and F licenses listed above. On -Sale Club License: Duoos Brothers American Legion Post #630 4307 70th Avenue North On -Sale Wine Licenses: Dayton's Iron Horse Liquors, Inc. d /b /a Dayton's Brookdale Inn 1100 Brookdale Center Denny's Inc. d /b /a Denny's Restaurant #1284 3901 Lakebreeze Avenue North Yen Ching Restaurant 5900 Shingle Creek Parkway On -Sale Nonintoxicating Malt Liquor Licenses: Beacon Bowl 5625 Lyndale Avenue North Chuck Wagon Inn 5720 Morgan Avenue North City of Brooklyn Center (Centerbrook Golf Course & Central Park) Davanni's Inc. d /b /a Davanni's 5937 Summit Drive Dayton's Iron Horse Liquors, Inc. d /b /a Dayton's Brookdale Inn 1100 Brookdale Center Denny's Inc. d /b /a Denny's Restaurant #1284 3901 Lakebreeze Avenue North The 50's Grill 5524 Brooklyn Boulevard Little Brooklyn Restaurant 6219 Brooklyn Boulevard Pizza Huts of the Northwest, Inc. d /b /a Pizza Hut 6000 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North Yen Ching Restaurant 5900 Shingle Creek Parkway Off -Sale Nonintoxicating Malt Liquor Licenses: Country Club Markets, Inc. d /b /a Country Club Market 5715 Morgan Avenue North Jerry's Enterprises, Inc. d /b /a Country Store 3600 63rd Avenue North Jerry's Enterprises, Inc. d /b /a Jerry's New Market 5801 Xerxes Avenue North SuperAmerica Stations, Inc. d /b /a SuperAmerica #4058 1901 57th Avenue North SuperAmerica Stations, Inc. d /b /a SuperAmerica #4160 6545 West River Road ADDITIONAL HOUSEKEEPING CHANGES TO 1992 LOCAL 49 LABOR AGREEMENT 1. Amend work schedules section to reflect actual practice by changing the normal work day from 8:00 -4:30 to 7:00 -3:30 (Article 12.2). 2. Delete language that applied to the 1990 — 1991 labor agreement regarding pay equity compliance in calendar year 1991 (Appendix A -1). 3. Delete language that applied to the 1990 — 1991 labor agreement regarding Martin Luther King Day (last sentence of Appendix B— V.a.). RE UEST3 ( Q ) CITY OF BROOKLYN CENTER council Meeting Date Agenda Item Number • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION PROVIDING FOR THE REDEMPTION OF GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 DEPT. APPROVAL: W. ;4v� Paul Holmlund, Director of Finance MANAGERIS REVI T IL No comments o supplement this report Comments bel /attached SUMMARY EXPLANATION: (supplemental sheets attached ) In 1983, the City sold $930,000 of General Obligation Tax Increment Bonds (Bonds of 83), the proceeds of which were used to construct public • improvements for the Brookwood Addition. Since then, tax increments have been collected from a district made up of the Brookwood Addition and used to pay the debt service on the Bonds of 83. On February 11, 1991, the City sold General Obligation Tax Increment Bonds of 1991. These bonds totalling $6,050,000 reimbursed the City for part of the cost of constructing the Earle Brown Heritage Center. Debt service on these bonds, as well as the earlier Bonds of 85, will be paid from increments collected from the Earle Brown tax increment district. In order to generate sufficient tax increments, it was necessary to additionally pledge the increments from the Brookwood district. Combining the Brookwood district with the Earle Brown district to meet this pledge requires that the Bonds of 83 first be called and paid off. Collection of tax increments from the Brookwood district have been higher than was anticipated when the Bonds of 83 were sold. As a result, there are sufficient funds on hand to pay for the $485,000 of bonds which would otherwise mature from 1993 through 1997. This recall of the Bonds of 83 would make good sense even if it weren't required by the financing plan for the Bonds of 91. Interest rates on the bonds being recalled range from 8.1% to 9.0 %. The Bonds of 91 have an average interest rate of 5.978 %. Funds currently in the debt service fund are earning interest through our Investment Trust Fund at 7.2% RECOMMENDED CITY COUNCIL ACTION • Passage of the attached resolution. (RESRECAL) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE REDEMPTION OF GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 -------------------------------------------------- WHEREAS, the City sold General Obligation Tax Increment Bonds, Series 1991A (1991 bonds) on February 11 , 1991 to reimburse the cost of construction of the Earle Brown Heritage Center; and WHEREAS, the financial plan for the 1991 bonds called for the General Obligation Tax Increment Bonds of 1983 (1983 bonds) to be called for payment and the Brookwood tax increment district which supported them to be folded into the Earle Brown tax increment district; and WHEREAS, $100,000 of the 1983 bonds are scheduled to mature on February 1, 1992 and another $485,000 maturing later can be called on that date; and WHEREAS, there are moneys on hand and available from past tax increment collections to redeem the 1983 bonds on February 1, 1992. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. It is determined that it is necessary and desirable that the City redeem on February 1, 1992 the outstanding principal amount of its General Obligation Tax Increment Bonds of 1983. 2. The City Finance Director is hereby authorized and directed to cause the registrar and paying agent to give notice of such redemption in accordance with the terms of the resolution providing to the issuance of the 1983 Bonds. Date Todd Paulson, 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. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 TO: G.G. Splinter, City Manager i Y g FROM: Sy Knapp, S 1 Director of Public Works DATE: December 16, 1991 RE: Bids /Proposals Received for Improvements to the Civic Center . . . . SUPPLEMENTARY INFORMATION This report supplements the information included in my memo dated December 10, 1991 ( Note : that memo should have been dated December 13, 1991. The 12/10/91 date reflects the fact that a basic "draft" copy of the report was prepared and typed on that date. However, I hereby certify that all detailed information regarding bids received was prepared on 12/12/91 and 12/13/91 — following receipt and opening of the bids for these projects). I. Analysis of bids for General Construction Work Relating to the Water Slide As noted in the above - referenced memo, several bidders had technical errors. Following is a summary of our description and comments regarding those errors: RE: Bid submitted by Nordling Construction, the apparent low bidder for this work Nordling's bid contains the following errors: Error No. 1 — Description This bid was submitted on the wrong form, i.e. — the form which was supposed to be used for bidding on the construction of the slide, instead of the form for bidding the general construction work. Comments • unfortunately both forms were similar in appearance and format, making it easy for bidders to make this mistake. In fact, three other bidders (Cottonwood, Merrimac and Terwischa made this same mistake). re • the total value of the work included under the two contracts is so substantially different, that it is quite evident that each of these four bidders intended to submit bids on the general construction contract, rather than on the water slide. • each of these four bidders is known by our architect to be general contractors rather than water slide contractors. Error No. 2 — Description The specifications for this project incorporate both the "General Conditions of the Contract for Construction" and the "Instructions to Bidders" as published by the American Institute of Architects (AIA) Article 4 - Bidding Procedures of the Instructions to Bidders (see attached copy) covers bidding procedures. Staff examination of the bid submitted by Nordling shows the following errors: a. extensive alterations were made to the bid (initial amounts were "whited out ") and none of these were initialed by the signer of the bid (as required by item 4.1.4 of the Instructions to Bidders. b. their spelled -out price for Bid Package "B" differs from their price in figures by $21.00. C. regarding their bid for Bid Package "C ", they did not spell out their price in words. d. in their bid, they acknowledge receipt of Addenda Number(s) 3 " only, (rather than 1, 2 and 3). At the bid opening Mr. Nordling stated that he had, in fact, received all three and that it was his intention to acknowledge receipt of all three. II. Analysis of bids received for Water Slide Installation With our conclusion, noted above, that the four contractors who used the wrong form were, in fact, submitting bids for construction of the water slide, only two bids were received for the slide. As noted in my memo dated December 10, 1991, the low bid for construction of the water slide as submitted by The Miracle Recreation Equipment Co. also includes several errors. Error No. 1 — Miracle also made alterations to their bid (initial bid amounts apparently whited out) and did not initial these alterations as required by item 4.1.4 of The Instructions to Bidders. Error No. 2 — the "Invitation To Bid" section of the specifications included the following sections: 1.13 CONSIDERATION OF BIDS AND PRE - QUALIFICATION A. The availability and adequacy of parts and service, and the costs of operation and maintenance of this equipment are all important factors which the City of Brooklyn Center will consider in making the award of Contract. B. No pre - qualification requirements are specified herein. However, each bidder shall submit written statements with their bid which provide the following information: 1. Name and address of water slide manufacturer. 2. Name and address of water slide dealer in Minnesota. 3. Length of time the manufacturer has been manufacturing water slides. 4. Length of time this dealer has been handling this water slide product line. 5. Number, location and ownership of all installed water slides in service in Minnesota, or in dealers's service area. This information will be used by City in checking references. 6. Description of parts and service availability for this water slide from the dealer and from the manufacturer. 7. Insurance certificate stating limit of product liability insurance. Miracle's bid did not include the information required by provisions B -2 thru B -7 III. Staff Analysis of Errors Regarding the technical errors noted, the most serious by each of the low bidders is the alterations made to their bids and their failure to make these alterations correctly. Staff has also reviewed the second low bidder on each of these contracts, and found that both (George W. Olsen for the general construction and Alltech for the Water Slide Construction) submitted bids which are free of technical errors. After reviewing these matters with me, City Attorney Charlie LeFevere and I agree that regardless of whether the City (1) accepts the low bids; or (2) rejects those low bids because of these errors and awards contracts to the second low bidder, there is a definite potential that the other bidder could challenge that award in court. We also agree that the City's ability to successfully defend its action would be significantly better if the second course (i.e., rejection of the low bids and award of the contracts to the second low bidder in each contract) is followed. Accordingly, we recommend that alternative. Attached hereto is a letter from Attorney William D. Hull, representing Alltech Engineering Corp., in which he addresses Miracle's failure to submit the required information. For the Council's information, I have contacted both Nordling and Miracle to advise them of the staff analysis and to advise that the City Council will be considering this matter tonight. Reference Checks Attached hereto are memos from Architect Mjorud and from Diane Spector /Public Works Coordinator, reporting on reference checks which I asked them to make. Based on these reference checks, it is apparent that all four bidders in question (i.e. — Nordling, Olsen, Alltech and Miracle are responsible bidders). We will be happy to discuss this and other information in detail at tonight's Council meeting. City Council Action Required Two alternate resolutions are submitted for consideration by the City Council. One would waive the technical errors and award the contracts to the low bidders. The other would reject both low bids based on their technical errors, and award the contracts to the second low bidder. a dimension, appearance and quality to be met by any proposed of the bid security, state the Bidder's refusal to accept award of substitution. less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form 3.3.2 No substitution will be considered prior to receipt of nor qualify the Bid in any other manner. Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of 4.1.7 Each copy of the Bid shall include the legal name of the Bids. Such requests shall include the name of the material or Bidder and a statement that the Bidder is a sole proprietor, part - equipment for which it is to be substituted and a complete nership, corporation or other legal entity. Each copy shall be description of the proposed substitution including drawings, signed by the person or persons legally authorized to bind the performance and test data, and other information necessary for Bidder to a contract. A Bid by a corporation shall further give an evaluation. A statement setting forth changes in other mate- the state of incorporation and have the corporate seal affixed. A rials, equipment or other portions of the Work including Bid submitted by an agent shall have a current power of changes in the work of other contracts that incorporation of attorney attached certifying the agent's authority to bind the the proposed substitution would require shall be included. The Bidder. burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or dis- 4.2 BID SECURITY approval of a proposed substitution shall be final. 4.2.1 If so stipulated in the Advertisement or Invitation to Bid, 3.3.3 If the Architect approves a proposed substitution prior or supplementary instructions to bidders, each Bid shall be to receipt of Bids, such approval will be set forth in an Adden- accompanied by a bid security in the form and amount dum. Bidders shall not rely= upon approvals made in any other required, pledging that the Bidder will enter into a Contract manner. with the Owner on the terms stated in the Bid and will, if 3.3.4 No substitutions will be considered after the Contract required, furnish bonds covering the faithful performance of award unless specifically provided in the Contract Documents, the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security 3.4 ADDENDA shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to 3.4.1 Addenda will be mailed or delivered to all who are the Owner in the event the Owner fails to comply with Sub - known by the issuing office to have received a complete set of paragraph 6.2. 1. Bidding Documents. 4.2.2 If a surety bond is required, it shall be written on AIA 3.4.2 Copies of Addenda will be made available for inspection Document A316, Bid Bond, unless otherw=ise provided in the wherever Bidding Documents are on file for that purpose. Bidding Documents, and the attomey -in -fact who executes the 3.4.3 No Addenda will be issued later than four days prior to bond on behalf of the surety shall affix to the bond a certified the date for receipt of Bids except an Addendum withdrawing and current copy of the power of attorney. the request for Bids or one which includes postponement of 4.2.3 The Owner will have the right to retain the bid security the date for receipt of Bids. of Bidders to whom an award is being considered until either 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that (a) the Contract has been executed and bonds, if required. have the Bidder has received all Addenda issued, and the Bidder shall been furnished, or (b) the specified time has elapsed so that acknowledge their receipt in the Bid. Bids may be withdrawn, or (c) all Bids have been rejected. 4.3 SUBMISSION OF BIDS ARTICLE 4 4.3.1 All copies of the Bid, the bid security, if any, and other documents required to be submitted with the Bid shall be BIDDING PROCEDURES enclosed in a sealed opaque envelope. The envelope shall be addressed to the part receiving the Bids and shall be identified 4.1 FORM AND STYLE OF BIDS with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the 4.1.1 Bids shall be submitted on forms identical to the form Bid is submitted. If the Bid is sent by mail, the sealed envelope included with the Bidding Documents. shall be enclosed in a separate mailing envelope with the nota- 4.1.2 All blanks on the bid form shall be filled in by typewriter tion "SEALED BID ENCLOSED" on the face thereof. or manually in ink. 4.3.2 Bids shall be deposited at the designated location prior to 4.1.3 Where so indicated by the makeup of the bid form, sums the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. shall be expressed in both words and figures, and in case of dis- crepancy between the two, the amount written in words shall 4.3.3 The Bidder shall assume full responsibility= for timely govern. delivery at the location designated for receipt of Bids. 4.1.4 Interlineations, alterations and erasures must be initialed 4.3.4 Oral, telephonic or telegraphic Bids are invalid and will by the signer of the Bid. not receive consideration. 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." 4.4 MODIFICATION OR WITHDRAWAL OF BID 4.1.6 Where two or more Bids for designated portions of the 4.4.1 A Bid may not be modified, withdrawn or canceled b� Work have been requested, the Bidder may, without forfeiture the Bidder during the stipulated time period following the time AIA DOCUMENT A701 • INSTRUCTIONS TO BIDDERS • FOURTH EDITION • AIA° • ©198' • THE 3 A701 -1987 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 COLEAIA�,HULL & VAN VLIET VFF()RNFYS VF LAW JEFFUN W. G)LENI \N 411 rxi - i ivj: i)i-\z.\ iiC-fi.t)i\-c (612) Q S 200 1,() \f) Wu,i,mm D. I Ii i,i, F.\x (61 2) 920-24i I F. V �N VIAF I NII\\FAP()I.IS, \IINNFSOTA 55424 Timmin R. DUNCAN RONALD J. R.\si,i , Writer's Direct Line: (612) 920-0668 December 13, 1991 Mr. Sy Knapp, Director of Public Works BY MESSENGER City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Brooklyn Center Community Center Water Slide Project Dear Mr. Knapp: I represent Alltech Engineering Corp. Alltech has contacted me and asked me to advise them regarding their 0 rights in connection with bids which were submitted yesterday for the City of Brooklyn Center, Community Center Water Slide Project. Specifically, they have asked for advice regarding the bids which were submitted for the Water Slide contract. I have reviewed the Project Manual and the bid forms and attachments which were submitted by Alltech and Miracle Recreation Equipment Company. From my review, it appears that Miracle Recreation and Alltech were the only two hidders for the Water Slide contract. The bid of Miracle Recreation Equipment Company was $2,000 lower than Alltech. However, it also appears to me from a review of the bid documents that the bid of Miracle Recreation Equipment Company was nonconforming, and should therefore be rejected. Section 1.13(B) of the Project Manual requires bidders to submit seven specific items of information regarding the Water Slide equipment as follows: 1. Name and address of water slide manufacturer. 2. Name and address of water slide dealer in Minnesota. D i� f DEC 13 1991 Mr. Sy Knapp, Director of Public Works December 13, 1991 Page 2 3. Length of time the manufacturer has been manufacturing water slides. 4. Length of time this dealer has been handling this water slide product line. 5. Number, location and ownership of all installed water slides in service in Minnesota, or in dealer's service area. This information will be used b- City i n checking references. 6. Description of parts and service availability for this water slide from the dealer and from the manufacturer. 7. Insurance certificate stating limit of product liability insurance. Miracle Recreation did not submit information on items 2 through 7 under Section 1.13(B) as required by the Project Manual. In addition to requiring submission of that information, the Project Manual in Section 1.13(A) specifically states that the information requested under Section 1.13(B) (1 -7) is important information which the City of Brooklyn Center will consider in making the award of the Contract. Because the City designated the information under Section 1.13 as important and significant, it cannot waive the requirement that the information be submitted with the bid. The Minnesota Supreme Court in Bolander v. City of Minneapolis 451 N.W.2d 204 (1990) stated that "a public authority has a 'plain duty' to reject bids which have a 'substantial variance' from the plans and specifications. The court went on to say that "a public agency must determine responsiveness at the time of the opening of the bid. The public entity has no authority to make any material changes or modifications after the bid has been opened." In this case, the bid of Miracle Recreation Equipment Company was clearly a "substantial variance" from the requirements from the Project Manual. This conclusion is based upon the language of Section 1.13(A) of the Project Manual wherein the City specifically stated that the equipment information required by Section 1.13(B) (1 -7) was important for the City to consider mak the a way of the Contract. [E 0 W i D (�;';` s ,� fit -, • v Mr. Sy Knapp, Director of Public Works December 13, 1991 Page 3 Under the Bolander case, the City has a "plain duty" to reject the bid of Miracle Recreation Equipment Company. I have advised Alltech that it is my opinion that they are likely to prevail in a lawsuit seeking an injunction against the City of Brooklyn Center from awarding the Contract to Miracle Recreation Equipment Company. I have further advised Alltech that they should pursue an injunction on Monday if the Miracle Recreation Equipment Company bid is not rejected as nonconforming. I understand that the award of the water slide contract is on the agenda for the City Council Meeting on Monday evening. Consequently, there is very little time to address this matter. I would like to have you or the Brooklyn City Attorney contact me this afternoon so that we can discuss this matter. Very truly yours, C L MA , HULL & VAN VLIET William D. Hull WDH /le cc: City Attorney Mjorud Architecture Alltech Engineering Corp. D nl MJORUD ARCHITECTURE 12400 12th Avenue Notch, Minneapol Is, MN 55441- 4612 612- 544 -3871 December 12, 1991 Mr. Sy Knapp City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 5430 RE: Bidder References Community Center Water Slide and Code Corrections Brooklyn Center, Minnesota Dear Mr. Knapp, Based on your direction, references were obtained on the four following bidders for the above projects: Nordiing Construction Company, Inc. (phone: 612/439 -1514) 2562 East Seventh Avenue, Suite 111 North St. Paul, IVIN 55109 Represented by Ernest Nordling George W. Olsen Construction Company, Inc. (phone: 612/439 -5410) 1902 South Greeley Street - P. 0. Box 20 Stillwater, MN 55082 -0020 Represented by Jeff Peterson Alltech Engineering Corporation (phone: 612/851 -9330) 815 East 79th Street Bloomington, MN 55420 Represented by Rick Mollenhoff Miracle Recreation Equipment Company (phone: 800/523 -4202) P. O. Box 420 Monett, Missouri 65708 Represented by Bob Klein (phone: 612/437 -4525) Based on references furnished on these bidders, they were all found to be respon- sible and worthy of consideration for construction of the Water Slide and / or Code Mr. Sy Knapp City of Brooklyn Canter December 16, 1991 Page 2 Corrections. Questions were asked regarding the quality of work on past projects, whether or not work was completed on time, whether or not problems developed during the course of construction and whether or not they were willing to recommend or use this firm on another project. All bidders received high praise with the exception of Alltech Engineering Corporation werein work on one project was not completed on time. This reference did say, however, that they would use this firm again. During a conversation with each of the representative bidders, they all said they are comfortable with their bid, their bid does include all items in the Bidding Documents, and they are willing to enter into a contract with the City of Brooklyn Center to construct the respective project(s) mentioned above. Very truly yours, MJORUD ARCHITECTURE Al Mjorud, AIA AM:vi p Enclosure: Copies of reference listings from bidders. REFERENCES: Miracle Recreatlon Equipment Company P. 0, Box 428 Monett, Missouri 65708 References from Bob Klein (phone: 612/437 -4525) December 16, 1991 Crystal Water Aide Ed Brandeen 612/531-0052 Winona Water Slide Bob Welch 506/457 -8258 Montevideo Water Slide Doug Spray 512/269 -5026 Edina Water Slide Bob Kojetin 612/927 -8861 Chaska Water Slide Tom Redman 612/448 -5633 Springfield Water Slide Austin Water Slide s L'BNJtS �• ±•-- (T� }}+��,r�rv:..,��A ��. -_. i � " i t.�'� 1 •� +1 � �.�V17'S1 r�tY ;"+� -( „ y5 �z ;'� � �. - : ^ �i ' l " t �'�`� M • • � i • i� • �:ir • ,FM"yi.�.'''�ir�r1�C f �� - Y1. iL �� 1 '.ry "tai "t 1 H i �� , i }}�� ._�. r.. A,?)" WIV VW AAa a t rs•srr Q999 - oev 010010099 4'1CtMMW I; LVMIIUS 0: x0 l M - Unisi Aligno mot Loa! 4DMI ''= Noton'v1SNOD N3510 `M 301031D .d - • 2ff is AL,LTECH ENGINEEPUNES CORP. 815 EAST 74th 51RJET BLOOMINGTON, MN 63420 (612)861 FAX(6 12)051-961 0 December 13, 1991 mlrzxzNclzs Metropolitan Waste control Commission CO:IMt;ruction Authorized Representative Don Larson 772 -2585 Met"P'Olitan Waste Control COMMission Maintenance eoprdinat.or /st. paul plant Craig Dittle 772 -7352 Met=Politan Waste Control commi9aion Maintenance Manager /Sanacat plant Ted stein tiBl - 4577 FMG Taumura Project Engineer Steve Ronkowski 496 -4608 CitY 02 Richfield Parks and Recreation Director Al payno 861 - •9351 American National Can CO bead Mechanic Dick Curtunings 890 -2120 Waldorf Corp Head at Maintenance Rollie Iverson 641 -4744 city 01 St. Paul projoet Engineer Dave Wagner 292 -6590 "An Equal 4 rt�n � b r � fi► mF YQ IqL ALLTECH ENG INEERING C OR P. 81S EAST IlMl STREET 6LOOMINGTON. MN 65470 (dl2j $31 •paaa f1kX (61 2) 851.9519 Iaei AJAY sNT�>1 jTtl.a11 %=y , - S,c7tiAr : XEX:t:AN ..... b # NT3M! Ina>srl l Ysint Lit.e Conv•ygC ............... aTIGwAL CAN ke,noval, RIhr.tld i Sh Oven lkIavin, WT AAR RICAM MAW10NAL CAN w u L Crn Lin «r..,....,,... At.. Paul, 1aH � IW�1tTCAN NA4113HAL PAN rrtal3 Cali tint, Equi p arart a crmvuynra...,,,,..., At7ixSChN NATItlWAL CAN 1110911 1110911 L'rSVlxadrau ;,1nq,,,,,,, •.,• AL, Prul, HN ArrsPTCAN Will 171aLa1 DrawlRad3:ar "' " " "••' Sava a, it T 4 LlISJ.., saw*- 7 4, RO aCRAICR er iund ore Ovan. - .. , , xany,ts C •so KH AMYkICAN TAT i aRRkTGK In.t.Ai1 Byrd tian4l tyur'lix A,lulpmunL....,.... St. Paul, HN �TPT s U>3 K7UtK !!•sigh, ray sluakv and rod iiy aritlya Cram Runv. 9t• Raul, NM hwf7i?yt11 CORP TAAt Window Mybulaatur b ul meu y ""' bl Hut, KN 06K6CM-Okl'M Riisava lquJ" ! Q p t ''''''''' . ''' , • SaYlprt, !IN btalA(;L dank - Hcapital a. Anm{,,..' ••• •• ,, K1nnrC(Kr11�. �N sk0lcY iabriCatq PaTlueion c3htyol L •• tdina, MN DttltLRR 4 IACJCxrArtrTTP c0 Mi ilvl'ight H•S �tonana* . . . . . . . ...... .. " " ` • • • Dtt MM Ch3z in {ta31 Flour Sandlina Syatcr, et, P06 rst+ Crz ^A1Z: Ina4alt T)y Ash 3Latagr llandlip.q sytte,x,,,, � "' Klnnaapalir, 1{11 C F.A"TAINTeF1l I ll 11 G.atr tlandlin� raeillLy.,..,,,,. ....., Nlnntal,+n11 {, !IN WOTA1NTtrB bldan Falyr t<aihina, ••,• Shakbpe.r PIN 0t 11 TAI WTIIZ 7 1Ytill Fuss Pi]l ..... ..............' •• ••• 9haYgfsgtr !iN CkKTAINTIM Install Parikegin9 L.na „ ••' bnakap.w. MN CZATA14TCso Install Concrntq �aunddtlar+s.. Shakgpaa, NN cilium CORP rrLricata L ar Stuul buildirt Zh'karoa, HN GARHbLSL'Y ca ZrQCL aulltlJnga, and I nat atl Ya ll l uiio�l�Ct.ntrai �i 37 hak , SFra, � MN CRE"ZI -Tv CO Rv.wvo tX iaL:nq a 7 nrtYli flaw la}nt 3y COnt al ,9 „N , and W iin IA N CROwK C071R F dYAT. Inalal7 N^uircni Yx0durtlun Line ...... ............. MN Inc Install Crn H yk1T4 = 4ulpA CanVa DYII, lilnheapQ110, MN UOMALOGON CC+. /CZN DY NAMIP [ ri *tatl In dvrtriaS 8 vun {......,,, Y '....'.•••.. I'yt1( tiR neN1►Ln>�o tYS, R Inrttil Chi Cu m ve er V arloua 1']tilCfO� Tnvtall Chi Y a Coolant No=ah r i l l'"LiquHystem.,,. Ft, worth, TX SCIIOQL DIaTATCT P Crs...Ar A Coolant rtlTration sy &L,,,n,.,. F;hr4v. AH41Rr1c AeDalr air.•uh!lrs... , , W rt, 1.A Fmc CORP Tnatallatioh of sCf L RP$ L . , ....... Pdina, AN GXNNXAS, 2L1CCTR7C [nrti77 { Rpn oir Dria n itY :' .... • .. v +t Cranc, QILt.TlNT71 r:v Cn•tall Naw"OLIa Roconano* 1 "giny ttaita. rridl +Y, till tiHti>5>” pANUPACSVkr Ka CA Innia7.1 k'aint atttilcr. P] atf5i•aa, , , , , . Varivt,s 11CWEYkSLL lnat.ali P.,W,r Casting i3qulyn, i L'61+vu,ur1•.•.••.••• SL, P'u3• XN Inw CORP Nil7wright xaint,egnncc,.... Y ><.,........ Wi1lw1tr7 **, WT ING[RI10r,L -1tANU xi1 IWr4yllt kaintrna,lat,, • " •...... Var`ir.ua dAOR YnOr3r ccATS;71C91 3 install Yar! -ti!((r 1'rea{ri.. , , , , , , ......' ...... • .. • Koohw,rtur, Mai d i G bQUIVARir t' + +k•ll Yead-mill L t R °1a dims........... Sdu,r r Rapids N "WIMAOF Cp', INC Inaaall 1AridUg & .714 CranVa ........., Rapids, kN ►u7 CCNA Mava and A+Sinrt vaYlOLL,: rtK► FL4MDilieJM+iCw I „at.] all Rquica�■ne...........• PhKkapae. All i MAittt.Al.l.. Cl'ry ar l S4raq• C L'quiptAjlt.. •••. •••. krNARDS, INC In {tall rlyprglaaa Dull.,... •.. - ... •,•• NL. Prul, AN HerALxAT1C QOVire Ilniidtn Structur , .. ' ...... • Marshall KN yy ri1 ay MMRU aFORTe Rm i 4e6vi13 ari<lyuFgrt,. •••• •••• , {t- I'srtl, NN iAC1L17'1 ;Y C + ,, tll{}i , meta. 1 �'� f+A87t: G ©NS1<6L sfii lln tl a.! Carn,Frn f'letiorna t • • •' _. • • • , Ninn +vpulis, MN M MCSKO WASTR QHH MilntensnCa a x alr C tp ••, it }iN p rt, MN XXTRO VAS' cnmT;iQT, Comm Install 7adu,•t,d P Dtwag3 0l] +,lr.... .SguiFxa 91 . Pru rs r;rtN lrstL !a. 7, r TR t. ,�, M 0 CONK , tdbfRa NARTE R' 7 i n„ Cacbou Col uwr,. , , , • . a! c, rau i MA PON CON 'NOL rrwM k?KN76ljt - A, usiilVRR "build t, Rupalr xxu u1,ity, ..•... R Pa u l, N 9I;Y Cl,, tlY futa 11 Coal A uurtloAAf, i1Ak w aC7ni+,1 s ....•.,. •,•••• •••••.••• St, caul N La CriET "'I' M PROrLE'9 sLZCTRIC C10 ]nrslrll Paint byit.a+n,,,,....... •• ,• caf�ollr, HM QUAL7 TOM INC pig Tranatnr- ura ... ,,..... Nordin, Ks RANK 51ALr=NG Imat011 Dlandinq 1 Rrying aquipnr .... ... ,..... . .. ' u "rlaue P7rU%4' 1 W- '- 1OR1lf.8K MIAt3 Kalt Lnuuu Rostoratiou,,,,,,, .. •• Chatitr, !1H A"M rt67.n, CITY OF Tritall ra12M Yarta ProceshIn •.••.••,•'••,'•.••.•.• bhakOpa,e, N►) f.OPlik [NGIMR 7rts i lmotall WAL„rrlida 4 5Y{tara,,,, rdpn I'rairlr, N 3 N iPINC i SUPPLY lnuail n dantr a llunir:iloai cool.,,,,,,,,,• ulcnfivld, HA Nudity iadvatriui Ovtn...... t`rbn�......... Cut r TC*KA DAY, VIL„i.AGr Or Liu& il,urdlin Yauiiily.,,,,, ,, Cufn. Al, TI1A8ligY 8YbTXM/ LT'F7ON TnM[ {11 77i111k -t.lne C'6 •••.. ... ...... U. K, ARMY CORI• or ZWORS in ala 1 , • • • • • • , Tonita DeY, MN U. F. AIR roner, 1 Php{pharui Rvv%4aval 3 l'stra+. • • • • • • • • • • • Hthncnl ►tLf U. a. DIIRRA(t Or HINTS xodifY L UIIL:h Control sear] it Ogt*a. C'rdar L.ku, 1{1{ U. D, Pbt'T or Tn1t " Sta l l V4ntLLri 9trubb Y "• "` M -vnd 1'ork6,Mb U, !. MST Orrict lrhnr Rt!pa PL'i!„a> ruttilu4q rauk,r.. •• •• �L• ►iu MN POST OrriCR In.4a1] CatvAlka rt [3ulk )(ail c,:,,tvr..... •• Ft:. mccoy. Vt YAW ROYiN Co Install 544yvil Mail cm ............. Nagin, MN VTAOIRIA c'i1•Y O r Insc,sll. blood -M„r, Sing i canu,ryvr Yquiyr►•n�,,,, .. etnnaapblln, KN WAI -mir CORP Install c„el Handling NALanAr Ctl%P Allli+riyu, MaiDtanertC...,,,, •••••'• Virglttla, Wit WALUO) CARP Tnskall Chip U.ndllnq .....,....•......••• " ' bL. P.. +1, MK WHITR Wcb 1'a*d rtld FJ4Rli rourslfPxT 7helalf ud Carron St, Ptinlin • Yriai fi Paul, KN W13CONiza, ATATK or Modify a Rahv,tai ?'vvndry,,,,,,,,,,,,,,!• yrtcm. at. Ftiu1, MN YO111M aYttTxs Vr.ILiTTUx inrtfill Ovum. Cua Cnrvay , ,',... ... Yarlouy CITY, IA u• }. �C. t1u r:r ++L. rrr. t?� • • • Ylyr+omL11, Alm December 14, 1991 7"Mc: Faxed to: 545 -4554 Attew on: N(jorud Architeas Faxed ftcr;: Ermst I smiling Northing Cons=tim Company, Inc, Fax number for Norciling Ctxnstructlon: 777 - 6856: Faxed ray f rom: (612) 439 -6142 If ==i9sian is incomplM tall (612) 439 -1514 weekends or 771 -395$ wcckdaye. Dezr Al, I received yo r tequest for mfa=m and am happy to submit the fallowing names of architectual firms we have worked with in li Twin C ty Area: T'.K.D.A. Arabit'tacta, Fill may, project architect: 292 -4400 Maw Johnson Ar ii=s: 633 - $086 A.T.S.R. Architects, Bill Mardn or Muk Westr=, project architects: 545 -3731 Morrison W4a A Arcbitests, Eldon Morrison: 426 -3287 Kodet Architectual Getup, Ed Kit 3'77 -2737 Rafferty, Rafferty, Tottefson, Architects, L.cc Tollefson: 22,4 -4831 Harty, Ewin and Associams, lac., Russell Johnson: 332 -922 Corwin Architects, Ralph Corwin 777 -2766 Neardling Contuticdm CDmpany, Ts,c, has bin building else worldng with architectaal firms in the Twin City Area for the last 26 yeera. Please let me kww if I can provide you with any additional infor=600,. Resptcdtully submitted, "7 ��- presidertt Nmg Nordling Construction C * mpany REFERENCES: Miracle Recreation Equipment Company P. 0. Box 420 Monett, Missouri 65708 References from Bob Klein (phone: 612/437 -4525) December 16, 1991 L CA Eta -1 aAc e° CT , CC�Zt2� GT�c� �� ► ^� Tt� Crystal Water Side ( Brandeen /531.0052 �t &k`k eWAII Winona Water Slide Bob Welch W - 8258 MonWdeo Water Slide Doug Spray �� �CL ►rt V �, p N V . 612/269 -5026 Edina Water Slide Bob Kojetin 612/927 - 8861 Chaska Water Slide Tom Redman 612/448 -5633 Springfield Water Slide Austin Water Slide Ci 6ei. OX Prom To � �� � _ ( GIORGI W, OMN —.- CONSTRUCTION Co., INC 1402 SOUTH G UELCY STREET « F Q 3OX 20 -- -- •....,.--- ...� —._-.- VnLLWATIR, MiNNISOTA 66082.4020 ' 1PA 4- 3��s. $a. a.' "w* � ri �w!• � V' J . +�+i w,�r 7�[i� (` }:I �,q�.� 'N] ni,�. _ ,t� + . : }, +j n a � i ��' a , + •� �.. ��..:.�{ �:aic �,�"rr!!'h +.� '�4L'� k� �� ,� r, y� ," !' � �„ +` !',r,, ".y�'r �t�4 `% 1t � OAT% 41 -41 SirwN :,..•�aab�.L.wl; ..r a+tl� r` f•- ,t .+ :k r ",, �� ,gat• f.�' , - -- OATS rite r! J A4ZZL9 ;IV 714%,11 SIGNID r I ALLTECH ENGINEERING COFZP. 513 lASY 74th STUFr 8 L 0 QMNG70N, MN 3$420 ( FO(612)851-9519 � 15 ,,c+ f REBbRENCS L LE I r fl Wwo �5CVAAMC�VV-� Metropo Waste Control commiasion (� I mi j A OwisA t COnmtruction Authorized Rqpra.. ti Dori ta r6on 772 -2585 "t"Politan WaAte Controi C e1MMi8$ ibn Mdintenanva C /5t. Paul plant Craig Dit;tly 772 -7352 Metropolitan waste Control commission Maintenance Ma nager /Seneca Fiant Ted Stoin 601 - 4577 FMG T5umura Project Eugiaeer Steve Rotlkowski 495 -608 City of Richfield 5 Par3cs an �._ �.. lA� �'1. d Recr�atl+ on L1 1 6 -- � Al Payne �6I�9351 5L1 1 p Vim, G1�''�+..�+or�iz►w American National can co �� � t��S1°O�SlY3lk Eiead Mechanic �wtu Dick Cu nunings 890 -2120 AVr^PL;g i eW v,J fiiMe UO)OJ e - R(ntT Waldorf Carp 5i°y.��bV L6 . iLJSi� H4ad O� MaintGtlance F"Ji# L� Rollie zvcrson 641 - 4744 '��C�MM�W C`ty of St. Paul vVOUL✓> USA QG 1r1 Project Engineer Dave Wagner 292 -6590 Ce k ao 12 t� N 0--T CiOA ,Y L; Tiro c�.J CRO ArL t Ttt 4-h Co j4. "An Equal QpperlunRy Emp0y9r"W0Q "-) R� 5 a 0 Sc Lip,mbw 14, 1991 T'mx: Faxed to: 545 -4354 Atten on:.Worud Archiucu Fixed bvui: Er st idling Nordling Conmicti,o't C omptny, Inc, Fax numbs for Nardliug Coatrti:ctlon: 777 -6856: Fttd today ;From: (612) 439 -6142 If =smission is incomplete, call (612) 439 -1514 we&ends or 777 -345$ weckdays. Isar Al, I received your request for reftr ou and am happy to subrrAt the following nsrres of architecmal firms wo have worked with in the T Wji City tea• `T.K.D,A. Architx i11 F pr4jact asehit &Coo Q V " l `m � 292 - 4400 � �� W N va�r e%.AU Sc: $ � y 1 3 '1 c7f�p4�rJc. �-t xzy Wt� ti M a u r i c e Johnson A m h ? =s: e " � j%'%'O L X it-:; O n, T v M , g C h0 k) S u Lt 633 -5096 tJOVLO V ;5 Pte" -%0 (Z -1E CGo ti (. ' r'ute A..T.S.R. Archit= Bill car Mara West -= project architmcts: 545- 3731 6 fi�J (� SGt�4fJVt, Morrison walijaM Ambitests, Eldon My orriscn: 426 -3287 J�r500NXI YU 1465 )o'f M?j Kodet Arebimctual Gmmp W 4(�l� G �aCr i t` V LZ ) 377 - 2737 � 6'cr---�a LVOCV- RAfferty, Rafferty, Toilzzsm Architects, Let Tolldwn: 224 -4831 Hart vin Johnson: y, � �i]d Associates, Inc., InG„ Russell John o � � � 332-4422 rusec --7Sti V� wau�r� Corwin Architects, Ralph Corwin US tg A GA 1N — lt�'° 777 -2766 1 Q r7 p #j`rf r' (.5 Notdli s Constnictivn Company, Inc, has been building and warping with architectual fans in the ' vin City AreA for the lut �6 years,. Plea" let me know if I can provide you with any additional inf�Ttnatiom Respactfully subeft 4 Ercust F. h'axdliag prasidtnt Nordling Cbn=cdon Company MEMORANDUM December M, 1991 TO: Sy Knapp FROM: Diane Spector( — \ SUBJ: Whitewater Waterslides Service and Maintenance Information Rick Mollenhoff, Alltech 1. Are you a local dealer? No, Alltech is not a dealer. We buy directly from the sales office in Ohio ( Whitewater USA). • 2. Location of all installed water slides in Minnesota, or in dealer's service area. Richfield Municipal Pool, Valley Fair. Will be constructing slide in Sioux Falls. 3. Description of parts and service availability. Alltech purchases parts directly from the sales office in Ohio, and provides service. Ohio keeps a good supply of standard parts and materials in stock, and ships one day air. If a part is unusual, or needs to be specially fabricated, then might take longer. According to Rick, not many things go wrong with the slide; most service or parts needs are for gel coat or patching compound. 4. Other comments. Rick has looked at other slides, considering both the slide design and service, and was most impressed with Whitewater. He believes they have a good engineering department, and provide good service. Al Payne, City of Richfield 1. What kind of maintenance or service problems have you encountered? Have had to clean the flumes every 1 -2 weeks because tanning oil (theirs is an outdoor slide) Page 2 accumulates and discolors the slide. Also, have had to clean the stairways more often than they anticipated. They did notice some seams loosening on the slide, but Alltech was good about adding caulk. Have not experienced any down time. Ken Felber, Director of Construction, Valley Fair Valley Fair has two Whitewater speed slides. Slides were installed in 1988 by Valley Fair crews. Ken noted that he believes that Whitewater is one of the best slides. 1. What kind of maintenance or service problems have you encountered? Has been OK as far as maintenance. Have had a good experience with Whitewater. Did experience problems with the gel coat on the end of the slide which is submerged at all times. Whitewater did replace gelcoat. However, ends are again beginning to have a problem. Have had no problems with parts or service other than with the gelcoat. Ted Henderson, Park and Recreation Director, City of Bloomfield, Iowa Waterslide was installed with their new outdoor pool in June, 1991. 1. What kind of maintenance or service problems have you encountered? No service or maintenance problems. 2. Other comments. Has been positive reaction from residents. Originally, they charged $1 extra for pool users who wanted to use the slide, and used wrist bracelets, hand stamping, etc. Next year will probably recommend that the general admission fee be increased 25 -500 and that the extra fee be dropped. Would make it slightly easier to administer. Denise Menke, Aquatics Director City of Denison Iowa Waterslide was installed outside as a part of a new "aquatics center," which includes both indoor and outdoor pools, two waterslides, and a children's pool. 1. What kind of maintenance or service problems have you encountered? Did have a heaving problem with sections under the footings during the winter, was repaired when it subsided. Have had a problem with mineral deposits at the area where the slide goes under water. The scrubbing they do to keep that area clean may affect the gel coat. Have 10 had lots of problems with metal steps - they will have a rust problem. Page 3 Had no problems with installation of slide, but are unhappy with service they get from Whitewater Canada. The company didn't seem to follow up very well. Had problems obtaining a repair kit, gel coat. They were told that these could only be obtained from Canada. In part because of Customs regulations regarding some of the materials, it was very time - consuming to get products shipped from Canada. 2. Other comments. Denise is the Aquatics Director, and has tried out other brands of slides and other Whitewater slides installed elsewhere. It is her opinion that the slide is a good slide, has smooth joints and ample extensions, and is one of the best brands. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF A COMMUNITY CENTER WATER SLIDE, IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1990 -24, the following bids were received, opened, and tabulated by the Deputy City Clerk and Director of Public Works, on the 12th day of December, 1991. Said bids were as follows: WATER SLIDE CONTRACT: Package A Package B Package C Miracle Recreation Equipment $ 69,197 $ 69,197 $ 92,208 Alltech Engineering Corp. 71,135 71,135 93,338 GENERAL CONSTRUCTION CONTRACT: Nordling Construction $116,533 $121,021 $ 63,500 George W. Olsen Const. 119,200 124,300 84,300 Gladstone Construction 129,695 138,518 84,564 Alltech Engineering Corp. 139,200 114,300 64,900 Merrimac Const. Co. 143,585 119,443 90,781 Cottonwood Const. 148,595 129,030 92,460 W.H. Cates Const. Co. 156,850 135,000 95,300 TerWisscha Const. Inc. 170,000 176,000 110,000 WHEREAS, it is the opinion of the City Council that the best interests of the City of Brooklyn Center will be served by proceeding with the construction of the project based on bid Package A; and WHEREAS, it is the opinion of the City Council that the best interests of the City of Brooklyn Center will be served by rejecting the low bids of Miracle Recreation Equipment and Nordling Construction on the basis of technical errors regarding bidding procedures and that contracts should be awarded to the second low bidders; and WHEREAS, it appears that the second low bid for Package A for the Water Slide contract has been submitted by Alltech Engineering Corporation; and WHEREAS, it appears that the second low bid for Package A for the General Construction contract has been submitted by George W. Olsen Construction. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The bid of Miracle Recreation Equipment is rejected on the basis of technical errors contained in that bid as submitted. 2. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $71,135 with Alltech Engineering Corporation, in the name of the City of Brooklyn Center, for furnishing the Water Slide Package A for Improvement Project No. 1990 -24 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 3. The bid of Nordling Construction is rejected on the basis of technical errors contained in that bid as submitted. 4. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $119,200 with George W. Olsen Construction, in the name of the City of Brooklyn Center, for General Contracting work Package A for Improvement Project No. 1990 -24 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 5. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids except P P that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 6. The estimated cost for Improvement Project No. 1990 -24 is hereby amended from $201,000 to $213,105. The estimated project cost is comprised of the following: As Amended As Established (per low bid) for Water Slide Contract $ 71,135 for General Construction Contract 114,200 Subtotal Est. Construction Cost $182,000 $185,335 Contingency (5%) 9,270 Professional Services $ 19,000 $ 18.500 Total Estimated Project Cost $201,000 $213,105 7. All costs for this project shall be allocated from the Capital Project Fund. RESOLUTION NO. Date Todd Paulson, 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 followin g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ;Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF A COMMUNITY CENTER WATER SLIDE, IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1990 -24, the following bids were received, opened, and tabulated by the Deputy City Clerk and Director of Public Works, on the 12th day of December, 1991. Said bids were as follows: WATER SLIDE CONTRACT: Package A Package B Package C Miracle Recreation Equipment $ 69,197 $ 69,197 $ 92,208 Alltech Engineering Corp. 71,135 71,135 93,338 GENERAL CONSTRUCTION CONTRACT: Nordling Construction $116,533 $121,021 $ 63,500 George W. Olsen Const. 119,200 124,300 84,300 Gladstone Construction 129,695 138,518 84,564 Alltech Engineering Corp. 139,200 114,300 64,900 Merrimac Const. Co. 143,585 119,443 90,781 Cottonwood Const. 148,595 129,030 92,460 W.H. Cates Const. Co. 156,850 135,000 95,300 TerWisscha Const. Inc. 170,000 176,000 110,000 WHEREAS, it is the opinion of the City Council that the best interests of the City of Brooklyn Center will be served by proceeding with the construction of the project based on bid Package A; and WHEREAS, it is the opinion of the City Council that the best interests of the City of Brooklyn Center will be served by waiving technical errors regarding the bidding procedures, and awarding contracts to the two low bidders; and WHEREAS, it appears that the low bid for Package A for the Water Slide contract has been submitted by Miracle Recreation Equipment; and WHEREAS, it appears that the low bid for Package A for the General Construction contract has been submitted by Nordling Construction. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $69,197 with Miracle Recreation Equipment, in the name of the City of Brooklyn Center, for furnishing the Water Slide Package A for Improvement Project No. 1990 -24 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $116,533 with Nordling Construction, in the name of the City of Brooklyn Center, for General Contracting work Package A for Improvement Project No. 1990 -24 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 3. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 4. The estimated cost for Improvement Project No. 1990 -24 is hereby amended from $201,000 to $213,520. The estimated project cost is comprised of the following: As Amended As Established (per low bid) for Water Slide Contract $ 69,197 for General Construction Contract 116,533 Subtotal Est. Construction Cost $182,000 $185,730 Contingency (5%) 9,290 Professional Services $ 19,000 $ 18,500 Total Estimated Project Cost $201,000 $213,520 5. All costs for this project shall be allocated from the Capital Project Fund. RESOLUTION NO. Date Todd Paulson, 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. CITY 6301 SHINGLE CREEK PARKWAY OF :I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 C TELEPHONE: 569 -3300 ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 TO: City Council Members FROM: Sy Knapp Director of lic Works DATE: December 16, 1991 RE: Bids for Concession Stand Remodeling (Agenda Item 11 -C -2) As noted in m 1 memo we had e y r only one proposal for electrical work for the proposed concession stand remodeling at the time that memo was prepared. Today we received a second proposal. Accordingly, we recommend award of contracts to the "low bidders" as detailed in the attached resolution. City Council Action Required Adoption of the attached resolution. iseea.�,u�cuxn Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR REMODELING COMMUNITY CENTER CONCESSION STAND, IMPROVEMENT PROJECT NO. 1991 -28, CONTRACT 1991 -W WHEREAS, it is the opinion of the City Council that certain improvements should be made to the Community Center concession stand to provide greater capacity and an increased level of service; and WHEREAS, pursuant to the solicitation of proposals for Improvement Project No. 1991 -28, Remodeling Community Center Concession Stand, the following proposals were received: Firm Name Amount of Proposal for General Construction Nelson Bros. Const. $ 7,923.00 W.H. Cates Const. $ 10,304.00 for Electrical Work Collins Electric Co. $ 2,250.00 Killmer Electric Co. $ 2,350.00 for Plumbing Work Marsh Plumbing $ 1,975.00 for Scullery Sink and Johnson Equipment Co. $ 815.00 appurtenances WHEREAS, Nelson Bros. Const. has submitted the lowest proposal for General Construction and Collins Electric Co. has submitted the lowest proposal for Electrical work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Manager is hereby authorized to execute a contract with Nelson Bros. Const. for General Construction relating to the remodeling of the Community Center concession stand. 2. The City Manager is hereby authorized to execute a contract with Collins Electric Co. for Electrical Construction relating to the remodeling of the Community Center concession stand. 3. The City Manager is authorized and directed to execute contracts for the following: Item Firm Name Amount Plumbing Work Marsh Plumbing $ 1,975.00 Scullery Sink Johnson Equipment Co. $ 815.00 RESOLUTION NO. 4. The estimated cost for this improvement is hereby amended from $15,800 to $14,763. The estimated cost is comprised of the following: As Amended As Estimated (per proposal) General $ 7,923.00 Electrical $ 2,250.00 Plumbing $ 1,975.00 Scullery Sink $ 815.00 Contingency $ 1,000.00 Subtotal, Estimated Construction Cost $ 15,000.00 $13,963.00 Professional Services $ 800.00 $ 800.00 Total Estimated Project Cost $ 15,800.00 $14,763.00 5. All costs for this project shall be allocated from the Capital Project Fund. Date Todd Paulson, 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.