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HomeMy WebLinkAbout1989 12-18 CCP Regular Session1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 18, 1989 7 p.m. 5. Approval of 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 from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: *a. November 13, 1989 - Regular Session *b. November 20, 1989 - Special Session 7. Resolutions: *a. Accepting Work Performed under Contract 1988 -H -This 1988 contract included improvements to Logan Avenue North between 57th and 59th Avenues, to France Avenue North between the South City limits and 50th Avenue North, to Lakebreeze Avenue between France Avenue and Azelia Avenue, and to 50th Avenue North between France Avenue and T.H. 100 *b. Accepting Work Performed under Contract 1989 -B (Tree Removal Contract) *c. Accepting Proposal to Furnish and Install a New Sound System for City Council Chambers, Improvement Project No. 1988 -27 - Capital Project Fund /CATV Improvements *d. Accepting Proposal to Furnish and Install a Humidifier to Serve City Hall -1989 Budget Item e. Making Negative Declaration of the Need for an Environmental Impact Statement (EIS) for 69th Avenue North Corridor from the West City Limits to Dupont Avenue North • CITY COUNCIL AGENDA f. *g. - 2 - December 18, 1989 -The City's environmental assessment worksheet (EAW) has been submitted to state and federal agencies with requests for their review and comment, and notice of the availability of the EAW has been published as required by the rules of the environmental quality board (EQB). All replies received indicate that it will not be necessary to prepare an environmental impact statement. Adoption of a resolution making a "negative declaration" is recommended, to assure compliance with EQB rules and procedures. Accepting Report on Water Works Facilities and Approving Payment for Engineering Services -The report by Black and Veatch, Consulting Engineers, was received and discussed in detail at the August 14 Council meeting. This proposed resolution officially accepts the report and authorizes final payment for extra work, in accordance with the report submitted by the Director of Public Works. Establishing Water Hookup Rates for Calendar Year 1990 *h. Establishing Assessment Rates for Street Projects in Residential Areas in 1990 i. Accepting Specifications for Purchase Snowplow and Blower Improvement of Sidewalk *j. Accepting the Quotation of Norstan, Inc. to Provide a Telephone System for the Municipal Garage *k. Authorizing the Purchase of Pagers, Handi- talkies, and Base Station for the Fire Department -1990 budget items. 1. Approving the Police Department Cadet Program and Authorizing Certain Benefits for Program Participants m. Amending the 1989 and 1990 General Fund Budget -This will allow the funds for the community information map /flyer to be transferred from the 1989 budget to the 1990 budget. The delay in printing this item is to allow listings of the new City phone numbers to appear in it. n. Setting Wages and Salaries for Calendar Year 1990 o. Amending the 1989 General Fund Budget to Increase Appropriations for Various Operating Departments • • • CITY COUNCIL AGENDA *p. *q. *w. -3- December 18, 1989 Authorizing the Finance Director to Issue a Master Note for the Transfer of Funds from the Investment Trust Fund to the Economic Development Authority Transferring Funds from the Building and Improvement Bonds of 1969 Debt Service Fund to the Capital Projects Fund *r. Transferring Funds from the Improvement Bonds of 1970 Debt Service Fund to the Capital Projects Fund *s. Appropriating the Proceeds of the City's Share of the Cable Television Settlement to the Capital Projects Fund *t. Approving Collective Bargaining Agreement between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82 *u. Authorizing the Mayor and City Manager to enter into a Joint Powers Agreement to Create the Police Department Drug Task Force - Brooklyn Center, Brooklyn Park, Coon Rapids, Maple Grove v. Regarding the Rental Dwelling License for 6525, 6527, 6529 North Willow Lane Accepting Bid and Authorizing the Purchase of Five (5) Police Patrol Sedans *x. Accepting and Authorizing the Purchase of One (1) Fire Sedan y. Authorizing the Mayor and City Manager to Enter into an Amendment to the Convention and Visitors Bureau Agreement z. Resolution Approving a Tax Levy for the Purpose of Defraying the Cost of Operation, Pursuant to the Provisions of MSA 462.411 through 462.711, of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1990 8. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 35 Clarifying the Definition of Convenience Food Restaurants -This item was first read on November 13, 1989, published in the City's official newspaper on November 22, 1989, and is offered this evening for a second reading. CITY COUNCIL AGENDA *11. Licenses 12. Adjournment -4- December 18, 1989 b. An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the Cl and CIA Districts and Requiring Abatement of Signs on Abandoned Premises -This item was first read on November 13, 1989, published in the City's official newspaper on November 22, 1989, and is offered this evening for a second reading. c. An Ordinance Extending the Interim Ordinance -This ordinance pertains to the property located at 6626 West River Road and all land south of 66th Avenue and North of I -694 lying between Willow Lane and T.H. 252. This item is offered this evening for a first reading. 1. Resolution for the Purpose of Protecting the Planning Process and the health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252 d. An Ordinance Amending Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging e. An Ordinance Vacating Part of a Utility Easement in Brookdale Square Second Addition -This item is offered this evening for a first reading. 9. Discussion Item: a. Amendments to 1990 City Council Meeting Schedule 10. Consideration of Specified Licenses: *a. On -sale Nonintoxicating Malt Liquor Licenses: - Beacon Bowl - Chuck Wagon Inn - City of Brooklyn Center (Centerbrook Golf Course) - Davanni's Pizza - Denny's Restaurant -The Fifty's Grill - Little Brooklyn - Pizza Hut - Scoreboard Pizza *b. Off -sale Nonintoxicating Malt Liquor Licenses: - Brooks Superette - Country Club Market - Country Store (Jerry's) - Jerry's New Market - SuperAmerica No. 4160 - SuperAmerica No. 4058 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 13, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Dwight Gunberg from the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist recognized Vincent Polley, 5800 Humboldt Avenue North. Mr. Polley stated he would like to convert a truck box into a storage shed on his property. He noted the Planning and Inspection Department has indicated this would not be acceptable. He stated he intends to put siding and a roof on the structure so it would look like any other storage building. He noted he does not understand why the Planning and Inspection Department will not consider this an acceptable structure. He stated he would like the Council to give its approval on this building. The Director of Planning and Inspection briefly reviewed for the Council the reasons why his department cannot allow this type of structure. He noted Mr. Polley could make an application for the appeals process if he were interested. Mayor Nyquist explained the appeals process to Mr. Polley. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Pedlar requested items 10a and 10m be removed, and Councilmember Paulson requested items 10f, 10g, and 15 be removed from the consent agenda. Councilmember Scott request item 10n be removed from the consent agenda. MAYORAL APPOINTMENTS There was a motion by Councilmember Scott and seconded by Councilmember Paulson to appoint Thomas Shinnick to the Park and Recreation Commission. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to appoint John Russell to the Park and Recreation Commission. The motion passed unanimously. 11/13/89 -1- PERFORMANCE BOND RELEASE, There was a motion by Councilmember Scott and seconded by Councilmember Paulson to release the performance guarantee for Associated Insurance, Inc., 2800 Freeway Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -209 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -210 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE TWIN LAKES /RYAN LAKE OUTLET MODIFICATION IMPROVEMENTS AS PROPOSED BY THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -211 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING RELEASE OF EASEMENT FOR SNOW FENCES The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -212 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 11/13/89) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. PRESENTATION - NORTH METRO CONVENTION AND TOURISM BUREAU Mayor Nyquist recognized Charlie Cook representing the North Metro Convention and Tourism Bureau. Mr. Cook briefly reviewed the proposed 1990 budget. A discussion then ensued regarding what the Tourism Bureau intends to accomplish and how it plans to work with the Chamber of Commerce. APPROVAL OF MINUTES - OCTOBER 2.3,, 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the October 23, 1989, City Council meeting. The motion passed unanimously. 11/13/89 -2- • • • RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 Pay Plan. He noted this amendment will eliminate the positions of engineering administrative aide and engineering receptionist and create two equal positions titled engineering secretary. Councilmember Pedlar inquired why it was possible to eliminate the engineering administrative aide position at this point and not earlier. The Director of Public Works explained the engineering administrative aide had left employment with the City a few months ago and by reapportioning some of her duties and the duties of other people in the department, they were able to eliminate the position completely and create the two equal positions titled engineering secretary. He noted there is a definite need for additional secretarial help in this department. RESOLUTION NO. 89 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1989 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented a Resolution Approving Claims for Sewer Back -up Damages. He went on to briefly explain the circumstances behind the lift station failure. He noted the claims adjustor for the City's insurance carrier has determined that the City is not liable for damage and subsequently denied the claims. He stated in 1985 a similar incident happened and caused damages to 14 homes in the City, including the two homes damaged in 1989. He noted at that time the City's insurance carrier denied the claims whereupon the City Council did approve payment of the claims. He stated since the circumstances in 1989 were almost identical to those of 1985, he is recommending the City Council approve payment of these two claims. RESOLUTION NO. 89 -214 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING CLAIMS FOR SEWER BACK -UP DAMAGES The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION DENYING THE RENTAL DWELLING LICENSE FOR 6525, 6527. 6529 NORTH WILLOW LANE The City Manager noted this resolution was requested by the City Council at its October 9, 1989, meeting following review of the matter and hearing from the owner of the building and concerned neighbors. The Director of Planning and Inspection briefly reviewed the status of the property. A discussion then ensued regarding the property and the alternatives the City Council has before them. Mayor Nyquist then recognized Irwin Ketroser, owner of the property at 6525, 6527, 6529 North Willow Lane. Mr. Ketroser stated many items have been completed since the October 9, 1989, meeting and work is continuing on his building. A discussion then ensued relative to the possibility of requesting Mr. Ketroser to post a bond for a set amount that would cover the necessary 11/13/89 -3- maintenance items if Mr. Ketroser did not complete the list. A discussion continued and Mr. Ketroser stated he believed the estimates the Planning and Inspection Department developed were much too high in some areas, and he would like the opportunity to have independent contractors come in and give estimates on the necessary items. He stated he felt it would only be fair to allow him this opportunity and then the amount of the bond could be based upon these independent quotes. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to continue consideration for denial of the rental dwelling license for 6525, 6527, 6529 North Willow Lane to the December 18, 1989, City Council meeting. The motion passed unanimously. Councilmember Scott requested staff to work with Mr. Ketroser in contacting independent contractors to ensure these contractors were quoting on the exact repairs deemed necessary by the Planning and Inspection Department. The City Manager presented a Resolution Accepting Work Performed on Project 1989 -20. He noted this project consisted of the construction of sidewalk on the west side of Humboldt Avenue North between Woodbine Avenue and 73rd Avenue North. RESOLUTION NO. 89 -215 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -20 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Accepting Work Performed on Project 1989 -21. He noted this project consisted of the construction of a.sidewaik on the east side of Xerxes Avenue between 65th Avenue North and 66th Avenue North. RESOLUTION NO. 89 -216 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -21 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing Acquisition of Rights -of -Way and Easements for Improvement Project No. 1988 -18 (West River Road between 66th Avenue North and 73rd Avenue North). The Director of Public Works explained at the October 23, 1989, Council meeting, staff presented a preliminary review of plans for realignment of the West River Road connection to 66th Avenue North. He stated at that time the Council requested staff to work with the consultant to minimize the amount of right of way acquisition needed for the intersection realignment. He went on to briefly review the revised realignment plan and other elements of the project. 11/13/89 -4- • • RESOLUTION NO. 89 -217 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACQUISITION OF RIGHTS -OF -WAY AND EASEMENTS FOR IMPROVEMENT PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Authorizing City Manager to Negotiate Agreements with Public Utility Companies to Remove Overhead Utilities on Project No. 1988 -18 (West River Road between 66th Avenue North and 73rd Avenue North). The Director of Public Works briefly reviewed the memorandum submitted for this agenda item pointing out NSP has developed a more detailed but yet preliminary estimate of cost for undergrounding its lines. He noted a detailed review was also completed of the existing NSP distribution system serving this area, and it now appears that none of the property owners would be required to convert their service to underground service if the transmission line is placed underground. RESOLUTION NO. 89 -218 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AGREEMENTS WITH PUBLIC UTILITY COMPANIES TO REMOVE OVERHEAD UTILITIES ON PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Approving Specifications and Authorizing Advertisement for Bids for Four (4) Compact Police Patrol Sedans. The City Manager noted this is a 1990 budget item. Councilmember Pedlar inquired why the City is continuing to purchase compact police patrol sedans. The City Manager noted several years ago they made the switch from rear -wheel drive to front - wheel drive vehicles and explained the full -size vehicles do not come in front - wheel drive. He stated if the Council were interested in switching to full -size vehicles, then the entire fleet would need to be switched because it is important that all police patrol sedans be either front -wheel or rear -wheel drive. RESOLUTION NO. 89 -219 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) COMPACT POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 11/13/89 -5- The City Manager presented a Resolution Appointing a City Assessor. Councilmember Pedlar inquired if the State Board of Assessor's has actually issued a senior accreditation to Mr. Parish. The City Manager stated his staff has received verbal confirmation that the State Board of Assessor's will be issuing a senior accreditation to Mr. Parish. He noted the actual paper work could take two to three weeks to reach the City. RESOLUTION NO. 89 -220 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPOINTING A CITY ASSESSOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. He noted this item was offered for a first reading on October 23, 1989, published in the City's official newspaper on November 1, 1989, and is offered this evening for a second reading. He stated this amendment will allow class C liquor license holders an additional 12 -month period to bring their food /liquor split into compliance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to close the public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. The motion passed unanimously. ORDINANCE 89 -17 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES REGARDING LIQUOR The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the Cl and C1A Districts, and Requiring Abatement of Signs on Abandoned Premises. He noted this item is offered this evening for a first reading. The Director of Planning and Inspection briefly reviewed the proposed ordinance amendment and the memorandum prepared for this agenda item. 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 to Allow Optional Freestanding Signs, to Allow Larger Freestanding 11/13/89 -6- • • Signs in the Cl and CIA Districts, and Requiring Abatement of Signs on Abandoned Premises and setting the public hearing date for December 18, 1989, at 7:30 p.m. The motion passed unanimously. PRIVATE KENNEL LICENSE - 6915 LEE AVENUE NORTH The City Manager stated Diane Baer has submitted an application for a private kennel license. He stated Ms. Baer has three dogs. He noted the Police Department records indicate two complaints in the last year regarding barking dogs. He then went on to review the recommendations made by the Health Department. He noted staff recommends the Council delete requirement No. 5 pertaining to the type of surface to be installed within the dog kennel. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license at 6915 Lee Avenue North. He recognized Connie Howe, 6906 Major Avenue North. Ms. Howe stated she is against the private kennel license because the dogs bark all the time. Mayor Nyquist then recognized Michael Solberg, 6912 Major Avenue North. Mr. Solberg stated he lives directly behind the applicant and the dogs do bark quite often. He stated he is not in favor of the Council approving this license. Mayor Nyquist then recognized the applicant, Diane Baer. Ms. Baer stated she is aware of the fact that one of the dogs barks quite often, and she is working on putting an end to the barking. She noted this particular dog has been kept in the house until recently, and the animal is having a difficult time adjusting to being outside. She noted this dog belongs to her and the other two she is taking care of for a friend. She noted if the private kennel license were not approved and she had to remove the extra animals, this particular dog would be staying. A brief discussion then ensued regarding the possibility of using mediation for this issue, and Mayor Nyquist noted it doesn't appear there is anything to mediate. He noted the barking dog situation should not be allowed to continue whether there is one or three dogs on the premises. The City Manager noted if the Council wished he could have the code enforcement officers check this neighborhood frequently for the barking dog problem. Mayor Nyquist inquired if there was anyone else who wished to address the public hearing. No one appeared, and he entertained a motion to close the public hearing. There was a motion by Councilmember Paulson to close the public hearing on a private North. The motion passed unanimously. There was a motion by Councilmember Scott to approve the private kennel license for following conditions: 11/13/89 and seconded by Councilmember Pedlar kennel license for 6915 Lee Avenue and seconded by Councilmember Pedlar 6915 Lee Avenue North subject to the 1. The private kennel license is for a one -year period. 2. Barking dog complaints will be investigated and reported to the City Council. Numerous barking dog complaints could result in revocation of the license. -7-- 3. Animal feces to be cleaned up daily in warm weather and every other day in cold weather. 4. Water supplied to the animals daily. 5. Food contained in bowls, any spills on the ground to be cleaned to minimize rodent attraction. 6. One additional dog house be provided so that each animal is protected from the elements. 7. The height of the current four -foot fence be extended to six feet to prevent the animals from jumping over. The applicant should contact the building department for fence construction setback requirements. The motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89024 SUBMITTED BY TIM JOHNSON REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A CONVENIENCE FOOD RESTAURANT IN THE RETAIL BUILDING AT 1950 57TH AVENUE NORTH (NORTHBROOK SHOPPING CENTER) The City Manager noted this item was recommended for approval by the Planning Commission at its October 26, 1989, meeting. He added an ordinance amendment was also recommended by the Planning Commission pertaining to this item. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through three of the October 26, 1989, Planning Commission minutes and information sheet. He then went on to review the application and the recommended conditions for the application. A discussion then ensued pertaining to the hours of operation for the establishment. Mayor Nyquist recognized Mr. Johnson, the applicant, who stated he is required by the parent company to have hours at least until midnight, Sunday through Thursday, and until 2 a.m. on Friday and Saturday. He noted the main reason for staying open that late is to prepare food for the following day. The Director of Planning and Inspection then briefly reviewed the ordinance amendment recommended in conjunction with this application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89024. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 89024. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to approve Planning Commission Application No. 89024 subject to the following conditions: 11/13/89 -8- 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. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Clarifying the Definition of Convenience Food Ff,<',urants and setting a public hearing date for December 18, 1989, at 7:30 p.n. The motion passed unanimously. DISCUSSION ITEMS: 1990 COUNCIL MEETING SCHEDULE The City Manager presented the 1990 Council meeting schedule. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve the 1990 Council meeting schedule as submitted. The motion passed unanimously. LIGHT RAIL TRANSIT STATION IN GOLDEN VALLEY The City Manager briefly reviewed a letter and resolution submitted by the City of Robbinsdale. He explained the City of Robbinsdale is concerned because the Hennepin County Regional Railroad Authority recently passed a resolution removing two transit stations in Golden Valley from the preliminary design plans. He noted the City of Robbinsdale is afraid the removal of these two stations from Golden Valley will have a negative effect upon this station proposed for the City of Robbinsdale. There was a brief discussion regarding the City of Robbinsdale's position regarding light rail transit. There was a general consensus among Councilmembers that Councilmember Paulson and the City Manager should draft a letter to the City of Robbinsdale informing them of Brooklyn Center's position on light rail transit and the City of Robbinsdale's concerns. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution to Authorize a Proposed Tax Levy for 1990 Budget Appropriations. 11/13/89 -9- RESOLUTION NO. 89 -221 4110 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A PROPOSED TAX LEVY FOR 1990 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES Councilmember Paulson stated he had this removed from the consent agenda because he had some concerns regarding the cigarette license listed on the license sheet. He inquired if the City of Brooklyn Center has considered any type of ordinance which would ban or limit the selling of cigarettes. The City Manager stated at this point an ordinance amendment has not been discussed, but staff could collect sample ordinances from other cities for the Council's review. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE Jerry's Enterprises Inc. d /b /a Country Store GASOLINE SERVICE STATION Brookdale Car Wash Christy's Auto Service Howe Company FOOD ESTABLISHMENT Jerry's Enterprises Inc. d /b /a Country Store SIGN HANGER Signart Company, Inc. The motion passed unanimously. 11/13/89 -10- 5101 Vernon Ave. S. 3600 63rd Ave. N. 5500 Brooklyn Blvd. 5300 Dupont Ave. N. 4821 Xerxes Ave. N. 5101 Vernon Ave. S. 3600 63rd Ave. N. 2535 Pilot Knob Road ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:05 p.m. City Clerk Mayor • MINUTES OF BROOKLYN CENTER CITY COUNCIL WORK SESSION NOVEMBER 20, 1989 At 8:16 p.m. Mayor Nyquist called the meeting to order. Members present: Mayor Nyquist, Councilmembers Pedlar, Paulson, Scott. Councilmember Cohen arrived approximately five minutes late. The purpose of the City Council work session was to review the list of 42 priority issues or items developed from the planning session on June 1, 1989. Facilitators James Brimeyer and Deborah Bennett -Leet were present to assist the Council in reducing the list of 42 to a manageable number. There were discussions regarding the different priority given to items on the list by the various groups at the June 1, 1989 meeting. The Council, by consensus narrowed down the issue and project areas into seven general categories as follows: Crime /Drugs, Housing, Budget /Finances, Economic Development /Redevelopment, Communications, Aging Population Needs, and Public Facilities. After discussing various projects and issues under these general categories, the City Council instructed the city manager to develop a final listing and bring it back to the City Council for their approval. Meeting adjourned at 10:15 p.m. Clerk Mayor 11/20/89 -1- • • CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number 7C1_ REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -H (RECONSTRUCTION OF LOGAN, FRANCE, LAKEBREEZE, AND 50TH AVENUES) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP DIRECTOR OF PUBLIC WORKS ,.� ****** *********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * *,* * * * * ** *41 *** * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: ° "` No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Explanation Work performed under construction contract 1988 -H is now complete and ready for final acceptance. This contract encompassess City construction projects 1988 -04 (Reconstruct Logan Avenue), 1988 -05 (Reconstruct France Avenue), 1988 -06 (Reconstruct Lakebreeze Avenue), and 1988 -07 (Reconstruct 50th Avenue). The City Council accepted the proposal from Thomas and Sons Construction, Inc. by Resolution 88 -103 on June 13, 1988. One change order and six supplemental agreements were approved over the course of the project. The final cost of this project exceeded the encumbered amount by $862.30 due to a general underestimation of quantities. Council Action Required Adoption of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -H (RECONSTRUCTION OF LOGAN, FRANCE, LAKEBREEZE, AND 50TH AVENUES) WHEREAS, pursuant to written Contract 1988 -H signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction Inc. has satisfactorily completed the following improvement in accordance with said contract: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -H (RECONSTRUCTION OF LOGAN, FRANCE, LAKEBREEZE, AND 50TH AVENUES) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract for Improvement Project No 1988 -04 is accepted and approved according to the following schedule: Original Contract Change Order No. 1 Supplemental Agreement No. 1 Supplemental Agreement No. 2 Supplemental Agreement No. 3 Supplemental Agreement No. 5 Supplemental Agreement No. 6 TOTAL 1988 -04 Original Contract Change Order No. 1 Supplemental Agreement No. 1 Supplemental Agreement No. 2 Supplemental Agreement No. 3 Supplemental Agreement No. 4 Supplemental Agreement No. 5 Supplemental Agreement No. 6 TOTAL 1988 -05, 1988 -06 & 1988 -07 As Approved $ 448,281.75 (3,287.00) 1,905.00 (17,151.30) 50,040.78 6,713.60 417.08 $ 486,919.91 2. The amount of the work performed is more than the original contract amount by $413.95 due to a general underestimation of planned quantities. 3. The work completed under said contract for Improvement Projects No. 1988 -05, 1988 -06, and 1988 -07 is accepted and approved according to the following schedule: As Approved $ 487,981.15 (414.00) 1,397.20 3,528.50 69,691.39 5,867.86 8,456.54 3,623.30 $ 580,131.94 Final Amount $ 448,695.70 (3,287.00) 1,905.00 (17,151.30) 50,040.78 6,713.60 417.08 $ 487,333.86 Final Amount $ 487,742.42 (414.00) 1,397.20 3,528.50 69,691.39 5,867.86 8,456.54 3,623.30 $ 579,893.21 • • RESOLUTION NO. 4. The value of the work performed is $238.73 less than the original contract amount due to a general underestimation of planned quantities. 5. The work completed in total under said contract is accepted and approved according to the following schedule: Original Contract Change Order No. 1 Supplemental Agreement No. 1 Supplemental Agreement No. 2 Supplemental Agreement No. 3 Supplemental Agreement No. 4 Supplemental Agreement No. 5 Supplemental Agreement No. 6 TOTAL 1988 -H 2. The appropriation will be financed by: Contract Engineering Administration Legal Right of Way Capitalized Interest TOTAL 1988 -04 As Approved Final Amount $ 936,262.90 (3,701.00) 3,302.20 (13,622.80) 119,732.17 5,867.86 15,170.14 4,040.38 $1,067,051.85 $ 936,438.12 (3,701.00) 3,302.20 (13,622.80) 119,732.17 5,867.86 15,170.14 4,040.38 $1,067,227.07 6. 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 improvements under said contract shall be $1,067,227.07. III BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: 1. The amount to be paid for said improvements exceeds the total of the original contract amount plus approved supplemental agreements by $175.22. There is appropriated the sum of $175.22 for additional costs. MSA Fund (Fund #2613) $175.22 BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: 1. Project 1988 -04 is final and is accepted and approved according to the following schedules: As Approved Final Amount $ 448,281.75 $ 487,333.86 53,793.60 68,747.75 4,482.80 4,873.34 4,482.80 4,873.34 11,684.00 22,414.50 26,290.36 $ 533,455.45 603,802.65 • RESOLUTION NO. ATTEST: Special Assessments MSA Accounts 2613 (State Approved) 2611 (Local MSA Funds) Public Utilities Special Assessments MSA Accounts 2613 (State Approved) 2611 (Local MSA Funds) Public Utilities Clerk $ 112,743.00 283,786.00 136,926.00 TOTAL 1988 -04 $ 533,455.00 303,577.95 (103,758.60) 108,496.65 $ 122,566.48 398,740.99 77,895.00 4,600.18 $ 603,802.65 2. Projects 1988 -05, 1988 -06, and 1988 -07 are final and are accepted and approved according to the following schedules: As Approved Final Amount Contract $ 487,981.15 $ 579,893.21 Engineering 58,557.22 119,963.71 Administration 4,879.81 5,798.93 Legal 4,879.81 5,798.93 Right of Way 8,313.00 Capitalized Interest 16,300.01 23,193.01 TOTAL 1988 -05, 1988 -06 & 1988 -07 $ 572,598.00 $ 742,960.80 $ 264,282.00 $ 395,256.99 Date Mayor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 443,076.84 (208,488.31) 113,115.28 TOTAL 1988 -05, 1988 -06 & 1988 -07 $ 533,455.00 $ 742,960.80 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: MEMORANDUM TO: G.G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 8, 1989 SUBJ: Construction Contract 1988 -H Contract 1988 -H is now complete and ready for final acceptance. This contract encompasses City construction projects 88 -04 (Reconstruct Logan Avenue), 88 -05 (Reconstruct France Avenue), 88 -06 (Reconstruct Lakebreeze Avenue), and 88 -07 (Reconstruct 50th Avenue). FINAL CONTRACT COSTS CITY OF B ROOKLYN CENTER The final contract cost exceeds the total of the approved contract and approved supplemental agreements by $175.22. Contract $ 936,262.90 $ 936.438.12 Change Orders and 130,788.95 130,788.95 Supplemental Agreements TOTAL 1988 -H As Approved Final Amount $1,067,051.85 $1,067,227.07 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 • • • Page Two CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS One change order and six supplemental agreements were executed over the course of these projects. The purpose of each is described below. Net Increase Or (Decrease) Change Order 1 $ (3.701.00) This change order adjusted quantities for sanitary and storm sewer items, due to a realignment of the proposed storm sewer. This change was required because a portion of the necessary right of way could not be acquired. The change order also corrected a typographical error in the quantity of one item. Supplemental Agreement 1 $ 3.302.20 This agreement included three changes. First, additional adjustments to quantities on the Logan project were made due to the storm sewer realignment. Second, the agreement substituted 16" ductile iron pipe for 14" on the Lakebreeze project, because the smaller was a special order item and the larger was available for immediate delivery. Finally, provision was made to remove a structure that was omitted from the original contract. Supplemental Agreement 2 $(13.622.80) This agreement made three changes to the contract relating to the Logan project. First, additional sanitary sewer items were deleted, again due to realignment of the storm sewer. Second, the agreement deleted the item "Sodding" (without topsoil), and replaced it with "Sodding with 4" of Topsoil." Finally, the agreement deleted items relating to construction of the proposed bicycle trail. This part of the project was deleted because no agreement could be reached with the contractor on retaining wall construction cost. Supplemental Agreement 3 $119,732.17 This agreement covered many additions, deletions, and changes to contract amounts, due generally to: work required but which was not included in the contract due to unforeseen conditions, error, or oversight; repair of damage caused by utility companies; changes because easement negotiation was • • Page Three unsuccessful; additions made for the Public Utility Division; and changes because of under or over estimation of original quantities. Supplemental Agreement 4 $ 5,867.86 This agreement added approximately 4,000 square feet of sidewalk to the France Avenue project which was not included in the original contract. Supplemental Agreement 5 This agreement resolved claims made by the contractor for additional work completed on the Logan, France, and Lakebreeze projects. Supplemental Agreement 6, $ 4,040.38 This agreement added the item "Sodding With 4" of Topsoil" to the contract for the 50th Avenue project, which was not included in the original contract and overlooked in Supplemental Agreement 2. FINAL COSTS AND REVENUE SOURCES Contract Engineering Administration Legal Right of Way Capitalized Interest TOTAL 1988 -H Special Assessments MSA Accounts 2613 (State Approved) 2611 (Local MSA Funds) Public Utilities TOTAL 1988 -H As Approved $ 936,262.90 112,350.82 9,362.63 9,362.63 38,714.51 $1,106,053.45 $ 377,025.00 587,363.95 33,167.40 108,496.65 $1,106,053.45 Final Amount $1,067,227.07 188,711.46 10,672.27 10,672.27 19,997.00 49,483.37 $1,346,763.45 $ 517,823.47 841,817.83 (130,593.31) 117,715.46 $1,346,763.45 $15.170.14 Comments From above See Note 1 1% of Contract 1% of Contract See Note 2 See Note 3 See Note 4 See Note 5 See Note 6 See Note 7 • Page Four Note 1: Final engineering costs exceed approved costs for four reasons. One, the projects were more complex than anticipated, necessitating additional construction engineering costs to revise plans and perform additional inspection work. Two, extensive time was involved in conducting negotiations for easements needed on the projects. Three, extensive negotiation with the contractor was required to obtain acceptance of the supplemental agreements. Four, these costs include the charges for materials testing and other professional services. About $140,000 of the $188,000 increase is eligible for state aid reimbursement. Of the remaining $48,000, $36,000 was incurred on the Lakebreeze project, which is not state aid eligible. Note 2: No provision for right of way costs was made when the projects were initially approved because the Engineer's report indicated that the projects could be built to minimum specification without easements. This amount includes $8,850 for temporary construction and slope easements, and $11,000 for permanent sidewalk, trail, street, and drainage easements. Note 3: Capitalized interest is charged to the project because costs are incurred throughout the life of the project, while project revenues are not always sufficient to meet these costs. When this occurs, revenue is lent from other funds, and interest is charged to make up the lost investment income. Note 4: Special assessments were certified in October, 1988 rather than at the end of the project to reduce the amount of capitalized interest charged to the property owners. The project cost to be assessed included a contingency amount for cost overruns. This figure also reflects project costs billed to Joslyn Manufacturing and to Northern States Power. Note 5: State aid participation is substantially greater than the approved amount for two reasons. One, the amount shown as approved did not include reimbursement for engineering costs. Approximately $140,000 of the $188,000 engineering costs is eligible for state aid reimbursement. Two, one change order and six supplemental agreements were made for these projects. Generally, those items which were added were state aid eligible items, while those items deleted, such as the proposed trail, were not. Note 6: The special assessments levied to property owners for their share of the project costs included charges for items that are also state aid eligible. The net result is that the city was "paid" twice for some improvements. That excess amount from state aid is transferred to our state aid -local account, to be used to fund other improvements such as sidewalks and trails. • • Page Five Note 7: The Public Utilities Fund was charged for the cost of constructing a lift station and for sanitary sewer repairs on the Lakebreeze project, plus some small items encountered in the course of work. Respectfully submitted, Sy Knapp Director of Public Works • • • CITY OF BROOKLYN CENTER REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -B (1989 DISEASED TREE REMOVAL PROGRAM) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * * * * ** * ** DIRECTOR * * * * ** PUBLIC * * *** WORKS * * ** * * * *� */ _,, * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Council Action Required Adoption of the attached resolution. Council Meeting Date 12/18/89 Agenda Item Number 7,b Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Y eS Work performed under City Contract 1989 -B is now complete and ready for final acceptance. The City Council accepted the proposal from North Wood Company by Resolution 89 -37 on March 13, 1989. The final cost of this contract exceeded the encumbered amount by $9,182.90 due to an underestimation of the number of trees to be marked and removed (see attached memo). • • Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -B (1989 DISEASED TREE REMOVAL PROGRAM) WHEREAS, pursuant to written Contract 1989 -B signed with the City of Brooklyn Center, Minnesota, North Wood Company, Coon Rapids, Minnesota has satisfactorily completed the following improvement in accordance with said contract: DISEASED TREE REMOVAL PROGRAM IMPROVEMENT PROJECT NO. 1989 -03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $67,704.00 $76,886.90 2. The value of work performed is greater than the original contract amount by $9,182.90 due to a general underestimation of planned quantities. 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 $76,886.90. Date Mayor 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. 76 MEMORANDUM CITY OF B ROOKLYN C ENTER TO: G.G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 14, 1989 SUBJ: Tree Removal Contract 1989 -B 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 The 1989 Diseased Tree Removal program is complete and ready for final acceptance. Through this program, 582 diseased or dead trees located within the City were marked for removal, nearly 100 more than in 1988. The drought of 1988 weakened trees, and thus many fell victim this year to diseases such as Dutch elm and oak wilt. Our parks were also hard -hit, with 138 trees removed - thirty percent of the total. That compares with 92 in 1988. (Table 1 and Figure 1 illustrate the history of tree removals under this program.) We are anticipating that the number of trees marked in 1990 will be about as many or more than in 1989. Due to this unanticipated increase in marked trees, the final amount of the contract is $9,182.90 more than the amount approved when the contract was awarded. Much of that dollar increase can be attributed to the large increase in park trees, for which the City pays the entire cost. Our tree contractor, North Wood Company of Coon Rapids, is to be commended for a job well done. Each tree presents its own special problems, and Mr. Pat Gessel and his crew and our tree inspector, Ole Nelson, managed the removal of many more trees than anticipated with a number of compliments and comparatively few complaints. In general I have been satisfied with the level of service provided by North Wood. • Page Two December 14, 1989 While it is clear that some of the complaints we have received were unavoidable, others pointed to areas where management of the program could be strengthened. Accordingly, we will review our procedures and the specifications of the contract to determine where changes could be made, and work together with our contractor to ensure timely and effective tree removal. Respectfully submitted, Sy napp Director of Public Works Attachments • • 800 . FIGURE 1 City of Brooklyn Center Diseased Tree Removal Program Summary 1974 1976 1978 1980 1982 1984 1986 1988 1975 1977 1979 1981 1983 1985 1987 1989 Year ; Source: Public Works Departmental Records Elms Oaks Z Other Private Stumps Marked and Removed TABLE 1 City of Brooklyn Center Diseased Tree Removal Program Summary 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 Elms Marked and Removed 34 47 267 614 712 487 178 583 389 288 517 574 389 272 401 490 Oaks Marked and Removed 4 0 0 3 0 0 0 0 0 0 0 0 0 0 5 26 Other Trees Marked and Removed 73 65 TOTAL TREES MARKED 38 47 267 617 712 487 178 583 389 288 517 574 389 272 479 581 Boulevard Stumps Marked (No records kept) 102 6 3 1 18 27 16 15 12 17 8 6 and Removed (No records kept) 68 19 13 14 11 2 4 18 0 1 0 5 TOTAL TREES /STUMPS MARKED 38 47 267 617 882 512 194 598 418 317 537 607 401 290 487 592 Number of Brush /Log Piles (No records kept) 128 44 58 47 41 45 25 39 21 5 8 7 Removed or Debarked Trees and Stumps Removed in 1989 Boulevard Private Park Stumps Trees Trees Trees Only Total By Contractor 132 106 134 6 378 By State Crews 1 7 0 1 9 By County Crews 0 0 42 0 42 By Property Owner 6 153 0 4 163 TOTAL REMOVED IN 1989 139 266 176 11 592 CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number �/ C REQUEST FOR COUNCIL CONSIDERATION 40 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL A NEW SOUND SYSTEM FOR CITY COUNCIL CHAMBERS, IMPROVEMENT PROJECT NO. 1988 -27 • • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 7 * * * * * * * * * * * * KNAPP 'DIRECTOR O * F t PUBLIC WORKS * * * * * * * * * * * ** **** *** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached As authorized by the City Council, specifications for the furnishing and installation of a complete new sound system for the City Council Chambers were prepared by Wm. H. 0. Kroll & Associates, Inc., consulting engineers in acoustics. That is the same firm which prepared the specifications for reduction of the noise levels in the Council Chambers last year - a project which was very successful. The specifications provide for the use of eleven Beyer M69 microphones, a single TOA F300 speaker to cover the seating area and three small OWI - 202B speakers to cover the Council table. These and all the other components of the system, were selected to assure optimal voice quality. Mr. Kroll advises that this system will provide a dramatic improvement in "hearability" over the existing system; and that it is compatible for use with CATV in the event future meetings are covered by CATV. Requests for proposals were sent to five contractors and proposals were received from four of those contractors. Because the lowest proposal received is more than $1,500 lower than the next lowest, I have asked Mr. Kroll to meet with the low bidder to thoroughly review the project so as to assure that they fully understand the City's requirements and are willing to proceed on the basis of the specifications. Due to illness, Mr. Kroll has not yet been able to do this. Accordingly, the attached resolution provides for acceptance of the lowest proposal (from Sound Acoustics, Inc.). Should we receive other information, we will submit that information and our amended recommendations to the Council at the 12/18/89 meeting. It is estimated that the new installation will be fully installed and operational within 60 days after award of the contract. It is noted that the specifications require the contractor to have either the old or the new system operational for all Council meetings and Planning Commission meetings. Actual installation time is limited to a single 3 -day period.. • Although this item was included in the 1989 budget for Government Buildings, Division 19 of the General Fund, it is recommended that the costs for this improvement be charged to Division 58 (CATV Improvements) of the Capital Projects Fund. City Council Action Reouired Adoption of the attached resolution. Note: Should additional review of the low bid indicate that the low bidder is unwilling or unable to complete the project in full compliance with the specifications, an alternate resolution will be submitted for Council consideration. Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL A NEW SOUND SYSTEM FOR CITY COUNCIL CHAMBERS, IMPROVEMENT PROJECT NO. 1988 -27 WHEREAS, the following proposals have been received in response to requests for proposals for installation of a new sound system in the City Council Chambers in accordance with specifications therefor: Contractor Total Proposal Sound Acoustics Inc. $ 8,169.38 MTS Northwest Sounds, Inc. Proposal A (system as specified) Proposal B (system with alternates as approved in Addendum #1) AVC Systems North Star Sound Inc. Date Mayor Clerk and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 10,675.00 10,250.00 10,750.00 14,739.97 AND, WHEREAS, the new sound system will be compatible for use with future CATV broadcasts of meetings occurring in the City Council Chambers. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The proposal submitted by Sound Acoustics Inc. in the amount of $8,169.38 is hereby accepted. The Mayor and City Manager are authorized and directed to execute a contract with that firm on the basis of that proposal. 2. All costs for this improvement shall be charged to Division 58 (CATV Improvements) of the Capital Projects Fund. 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: • CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL A HUMIDIFIER TO SERVE CITY HALL Council Action Reouired Comments below /attached Three proposals have been received for the furnishing and installation of a humidifier in the City Hall HVAC system. Because of price increases and because the size of the unit to be installed is larger than the unit on which budget request was based, the low bid proposal exceeds the line item budget for this improvement (i.e. - $7,475.00 low bid vs. $6,612.00 budgeted). However, there are sufficient funds remaining in the Division 19 budget to cover the costs. Accordingly, acceptance of the low proposal is recommended. A resolution is provided for consideration by the City Council. Note: Because payment for this item will not be made until installation is complete in early 1990, the resolution provides for a reappropriation of the needed funds to the 1990 budget. 12/18/89 7d S ****************************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP / DIRECTOR OF PUBL WO RKS * * * * * * * * * * * * * * * * ** ' * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ** * * sir * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached No ) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL A HUMIDIFIER TO SERVE CITY HALL WHEREAS, the Director of Public Works has received the following proposals for the furnishing and installation of a humidifier into the HVAC system serving the City Hall building: Egan and Sons Co. Pride Mechanical Contractors Rouse Mechanical Inc. $ 7,475.00 8,350.00 10,160.00 AND WHEREAS, purchase of this unit was contemplated in the 1989 budget for Division 19 of the General Fund, with a line item appropriation of $6612.00, but a sufficient unencumbered balance remains in the 1989 Division 19 budget to pay for the humidifier unit based on the price of $7475.00; and WHEREAS payment for this unit will not be made until installation is complete in 1990. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The 1989 General Fund Budget is hereby amended as follows: o Decrease the estimated revenues for transfer from Fund Balance Account No. 3960 by $7475.00 o Decrease the appropriation for Division 19, Government Buildings Object 4520, Buildings by $7475.00 2. The 1990 General Fund Budget is hereby amended as follows: o Increase the estimated revenues for transfer from Fund Balance Account No. 3960 by $7475.00 o Increase the appropriation for Division 19, Government Buildings Object 4520, Buildings by $7475.00 3. The proposal of Egan and Sons Co. to furnish and install a humidifier at a price of $7475.00 is hereby accepted. The City Manager is hereby authorized and directed to enter into contract for such work on that basis. 4. All costs for such work shall be charged to the 1990 budget for Government Buildings, Division 19 of the General Fund, Object No. 4520. 7d RESOLUTION NO. ATTEST: Date Mayor 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. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION MAKING NEGATIVE DECLARATION OF THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR 69TH AVENUE NORTH CORRIDOR FROM THE WEST CITY LIMITS TO DUPONT AVENUE NORTH • • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Explanation CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 x Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION Staff Recommendation SY KNAPP DIRECTOR OF PUBLIC WORKS ******************; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** ** * % v� * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: rG�G • ' /w*M No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) On October 23, 1989, the City Council adopted a resolution accepting and approving the Environmental Assessment Worksheet (EAW) relating to the proposed reconstruction of 69th Avenue North corridor from the west City limits to Dupont Avenue North. Subsequently, the EAW has been submitted to other governmental units and agencies for their review and comment, as required by law. In addition, copies have been made available for public review and notices of the availability of the EAW for public review have been published as required. Attached hereto are the following items: o letters received from various agencies (Metro Council, MNDOT and DNR) o a memo from SEH (our consulting engineers for this project), which provides our response to the comment received from DNR (Note: no responses are needed to the letters from the other 2 agencies). I recommend that the City Council now adopt the attached resolution declaring that it is unnecessary to prepare an Environmental Assessment Statement for this project. With the EAW phase of the project development now completed, it is recommended that City staff now conduct several public informational meetings with persons in relatively close proximity (within 2 blocks ?) of 69th Avenue during January and February. Upon completion of those informal meetings, City staff would then recommend that the Council schedule a formal public hearing on the proposed improvement - probably in March or April of 1990. If the Council selects and • approves one of the design alternates by May or June of 1990, the City could then proceed with acquisition of the needed rights -of -way during 1990 and 1991; completion of final plans, obtain all permits required, etc. in 1990 and 1991; and with construction in 1992. Council Action Required Adoption of the attached resolution. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING NEGATIVE DECLARATION OF THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR 69TH AVENUE NORTH CORRIDOR FROM THE WEST CITY LIMITS TO DUPONT AVENUE NORTH WHEREAS, the City of Brooklyn Center is the regulating governmental unit (RGU) in the processing of the Environmental Assessment Worksheet (EAW) for improvements to the 69th Avenue North corridor from the west City limits to Dupont Avenue North; and WHEREAS, the EAW is based on improvements to 69th Avenue North geared toward improving the Level of Service (LOS) for the major intersections, improving traffic safety by providing left turn lanes and limiting access points, and improving pedestrian and bicycle safety by providing a bikeway /walkway away from the roadway. In addition, existing alignment deficiencies will be eliminated by flattening curves and moving slightly into Palmer Lake Park. A Section 6(f) park land conversion process has been initiated and included by reference in the EAW; and WHEREAS, the City has submitted a copy of the EAW to all public agencies on the EAW distribution list, published a notice in the City's official local newspaper, and published a notice of EAW availability in the EQB Monitor on October 30, 1989, all of which were done in accordance with State Statute 6 MCAR 3.021; and WHEREAS, the 30 -day comment period ended on November 29, 1989, with individual parties and public agencies commenting; and WHEREAS, the City of Brooklyn Center acknowledges the responses from the Minnesota Department of Natural Resources, Minnesota Department of Transportation, Metropolitan Council, and the fact that Brooklyn Center City staff has collected said responses with discussion presented to City Council for review; and WHEREAS, none of the commenting public agencies declared a need for an EIS on the proposed project(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that a negative declaration is made on the need for an Environmental Impact Statement for improvements to the 69th Avenue North corridor from the west City limits to Dupont Avenue North. • RESOLUTION NO. ATTEST: Date Mayor 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. STATE OF l' l DEPARTMENT OF NATURAL RESOURCES DNR INFORMATION (612) 296 -6157 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155 -40 November 28, 1989 Mr. Sy Knapp City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Improvements to 69th Avenue Corridor Environmental Assessment Worksheet (EAW) Dear Mr. Knapp: The Department of Natural Resources has reviewed the above - referenced document, and we offer the following comments for your consideration. Construction will take place in the 100 -year floodplain of Palmer Lake. More details are needed on the plans to provide compensation for the loss in flood water storage. There should be no additional destruction of wooded, wetland habitat. Depending on the amount of compensating storage needed, some deeper water areas could be dredged within the large cattail stands near the interior of Palmer Lake. In addition to providing increased flood storage, wildlife habitat would be enhanced by creating additional diversity. We do not consider the loss of 2.4 acres of wetland to be a "minor alteration." Considering the numerous beneficial values of wetlands and the severe loss of wetland acreage that has already occurred in the metro area, the City of Brooklyn Center should strongly consider project alternatives that avoid wetland impacts. If it can be demonstrated that no alternatives are available, we will provide mitigation recommendations to the U.S. Army Corps of Engineers during the permit process. The loss of 2.4 acres of mostly wooded wetlands will adversely affect local wildlife populations. The populations of some species will be permanently reduced. Unfortunately, the wildlife habitat values of mature, wooded wetlands cannot be readily replaced. There is no discussion of impacts at the Shingle Creek crossing. A wooded corridor exists along the stream on both sides of the road, which provides a travel corridor for wildlife. Widening of the road and bridge and consequent elimination of this riparian habitat may adversely affect the movement of wildlife. Palmer Lake is surrounded by a wetland. If any construction will take place below an elevation of 842.8 feet (the ordinary high water mark), a protected waters permit will be needed. Protected waters permits will also be needed to construct storm - sewer outfalls and detention ponds near Palmer Lake. The peat and other materials removed during construction should be properly disposed of and not placed in a protected water or wetland. AN EQUAL OPPORTUNITY EMPLOYER �►- uINYFSarA , • A temporary water appropriation permit will be needed if dewatering during construction exceeds 10,000 gallons per day or one million gallons per year. The Hennepin County Soil and Water Conservation District should be consulted about erosion and sedimentation control. From our perspective, an environmental impact statement is not needed for this project. Thank you for the opportunity to review this EAW. If you have any questions regarding our comments, please call Don Buckhout at 612- 296 -8212. Sincerely, Thomas W. Balcom, Supervisor NR Planning and Review Services #900082 -1 c: Kathleen Wallace Steve Colvin Laurel Reeves Gregg Downing - EQB Robert Welford - USFWS ERL /69thave • • November 9, 1989 Minnesota Department of Transportation Room 704 Transportation Building, St. Paul, MN 55155 Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 EAW: Improvements to 69th Ave., City of Brooklyn Center Dear Mr. Knapp: Thank you for the opportunity to review this EAW. Our only comment is that the proposed improvements should improve the traffic flow on the nearby section of I -94. Sincerely, Isaac McCrary, Jr. Environmental Coordinator Environmental Services Section A n Equal Opportunity Employer Mf`NE5OrA 1990 612/296 -1251 • November 6, 1989 Sy Knapp, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: EAW 69th Avenue Corridor Improvements Metropolitan Council District 10 Dear Mr. Knapp: Council staff has conducted a preliminary review of this environmental assessment worksheet to determine its adequacy and accuracy in addressing regional concerns. The staff review has concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information, please contact Anne Hurlburt, Council staff, at 291 -6501. Sincerely, Roger Israel, Director Research and Long -Range Planning RI /ah Or cc: METROPOLITAN COUNCIL ,fears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291 -6359 John Evans, Metropolitan Council District 10 John Rutford, Metropolitan Council Staff Anne Hurlburt, Metropolitan Council Staff • • • BROOKLYN CENTER 69TH AVENU3 IMPROVEMENTS ENVIRONMENTAL AL ASSESSMENT WORKSHEET RESPONSE TO AGENCY COMMENTS iINNESOT?, DEPARTMENT OF NATURAL RESOURCES As mentioned in the EAW, construction is anticipated to take place in the 100-year floodplain of Palmer Lake. This is due to an adjustment to the existing 69th Avenue Corridor in the vicinity of Shingle Creek Parkway. It is the intent of the City to analyze the specific loss in find water storage and detail compensating measures ( ie. dredging some deeper water areas of Palmer Lake basin or creation of additional "ee =`ng ") during the design phase of the proposed project. Both the Shingle Creek Watershed Commission and the Department of Natural Resources will be contacted in relation to the design plans. The EAY, points out the loss of approximately 2.4 acres of wetland in the Palmer Lake fringe area. As anticipated, the roadway construction will he out ide of designated LNR protected waters (ie. above 842.8 feet) but fall within the Corps of Engineers classification system. Effcrts will be made during the design phase of the project to calculate the specific impact on wetlands. Any necessary coordination ary perrivting (ie Section 404 permit) will also be undertaken by the City. Sensitivity to loss of wetlands has been considered in the analysis of various 69th Avenue improvement alternatives. The proposed project relates to safety, geometric alignment benefits, and minimal anticipated impact on the Palmer Lake Park area. The City has undertaken a Section 6(f) Parkland Conversion process which has been reviewed and approved by the National Park Service and the Ninnescta Department of Trade & Economic Development (outdoor recreation division) . The p=roject is not anticipated to significantly decrease the size of the Palmer 7eake Park natural area. However, the City is sensitive to the relative loss of vegetative and wildlife populations in the anticipated roadway corridor. Efforts will be made in the de and construction phase of the project to keep disruption to a minimal level. Movements of wildlife and further impact on existing vegatative cover in the balance of the Palmer Lake Park area will be avoided. The EAW does not address specific improvements and /or adjustments to the Shingle Creek Crossing area. Because this will be a future phase of the project, further study and analysis will be provided to both loaal and state agencies as an addendum to this EAW or under a separete EAW process in conjunction with that phase of the project. Protected waters permits will be requested by the City to construct storm sewer outfalls and any designed detention ponds near Palmer Lake. Aithcugh this is not anticipated, necessary protected water 1 • • peits will also be requested to the Department of Natural Resources for roadway construction below an elevation of 842.8 feet (the ordinary high water mark) . A Lem =brarsr water appropriation permit will be requested if dewaterinq during construction exceeds 10,000 gallons per day or one million gallons per year. The Hennepin County Soil and Water Conservation District will also be consulted about erosion and sedimentation control. 2 e *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING REPORT ON WATER WORKS FACILITIES AND APPROVING PAYMENT FOR ENGINEERING SERVICES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP DIRECTOR OF PUBLIC WORKS ****************** 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** ** * f � �►r,E"_Y * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: • ' No comments to supplement this report *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: CITY OF BROOKLYN CENTER Council Meeting Date 12 Agenda Item Number 7G REQUEST FOR COUNCIL CONSIDERATION In February, 1989 the City executed a and Architects to prepare a study and supply system at a cost not to exceed That study and report is now complete, future system developments. City Council Action Required Comments below /attached (supplemental sheets attached Yes contract with Black and Veatch Engineers report of the City's municipal water $33,500. and it provides an excellent basis for During the course of the study the consultant proceeded with $16,091.09 additional work which was not contemplated in their contract with the City, without requesting prior approval for that work. However, it is the opinion of City staff that the extra work dramatically improved the plan for future system development. Accordingly, City staff recommends approval of the consultant's request for reimbursement of 50% of their cost overrun. A more detailed report is attached. A resolution is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING REPORT ON WATER WORKS FACILITIES AND APPROVING PAYMENT FOR ENGINEERING SERVICES WHEREAS, the City of Brooklyn Center, in accordance with City Council Resolution No. 89 -26 entered into a contract with Black and Veatch, Consulting Engineers and Architects, to provide engineering services relating to a study of the Brooklyn Center municipal water supply system; and WHEREAS, that study has now been completed in full compliance with the contract and includes additional information and recommendations which will facilitate future system improvements not originally anticipated at the time the contract was executed; and WHEREAS, the consultant has reported "billable costs" exceeding the maximum reimbursement allowed under the contract by $16,091.09 but recognized that such additional costs were incurred without requesting or receiving prior approval from the City; and WHEREAS, the Director of Public Works has advised the Council that the City has received substantial benefits from the increased work done by the consultant by improving the plan for future system development to a degree not contemplated in the original contract. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: ATTEST: 1. The "Report on Water Works Facilities for Brooklyn Center, Minnesota" dated August 9, 1989 by Black and Veatch, consulting engineers and architects, is hereby accepted in satisfaction of the contract. 2. Additional reimbursement in the amount of $8,045.54, representing one -half of the additional costs reported by the consultant, is hereby approved. 3. All costs related to this study shall be charged to the Public Utilities fund. Date Mayor 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 B ROOKLYN C ENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 TO: G. G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 13, 1989 RE: RESOLUTION ACCEPTING REPORT ON WATER WORKS FACILITIES AND APPROVING PAYMENT FOR ENGINEERING SERVICES On February 13, 1989 the City Council authorized execution of a contract for consulting engineering services relating to preparation of a study of the city's municipal water supply system. That contract, providing for defined services at a cost not to exceed $33,500 was executed with the firm of Black and Veatch Engineers and Architects. That contract defined 16 tasks which were to be performed by the consultant (See Attachment No. 1). The completed report was submitted to the City and presented to the City Council on August 14, 1989, with a follow -up report presented on August 28. Attached hereto (Attachment No. 2) is a letter from Black and Veatch dated 10/25/89 in which they advise that their "billable costs" exceeded the maximum allowed under the contract by more than $16,000. In that letter they note that the overrun occurred on five items, i.e.: Contract Item No. and Description Work Task No. (1) evaluation of effects of weather on water use 4 and 5 (2) additional distribution system modeling to determine effectiveness of elevated storage 11 (3) Safe Drinking Water Act (SDWA) assessment 8 (4) report preparation with executive summary and appendices 15 (5) Council presentation of report with slides 16 Unfortunately, the consultant did not account for hours spent during the - contract based on the tasks defined in the contract. However, it is my opinion that the consultant is correct in reporting the total "billable costs" and in jo\C-t C6' MOW p NU 111-LIOKA CITY • • • Page Two December 13, 1989 identifying the items on which the overruns occurred. Based on my knowledge of their work effort, it is my belief that approximately 75% of the overrun occurred on Item 2 - distribution system modeling (Task 11). This occurred during the early part of the study and, it occurred because Black and Veatch's staff developed a concept which would greatly improve the effectiveness of water tower No. 2 during peak demand periods, then proceeded to complete several system analyses to "prove out" that concept. Fortunately, that concept did prove out, resulting in an unanticipated, but substantial plan improvement. Unfortunately, this additional work was completed without prior notice to the City and without our authorization. When I became aware of this overrun on Task 11, (in May 1989) I requested the consultant to complete the balance of their contract, before requesting additional payment. Regarding Item 1 - effects of weather on water use (Tasks 4 and 5), I believe the time spent by the consultant is only slightly higher than he originally estimated. Regarding Item 3 - SDWA assessment (Task 8), there is little doubt that the consultant spent considerably more time in developing this part of the report, and in providing information which we needed for the purpose of advising our congressional delegation of the impacts of the SDWA on the City. Regarding Item 4 - report preparation (Task 15), there is no doubt that the consultant spent additional time re- writing the report into a format which we found to be acceptable. However, I do not feel our requirements were unreasonable. Regarding Item 5 - presentation of report to City Council (Task 16), I believe that the consultant's presentation to the Council was not anticipated in their contract, but that it was necessary and that it was excellent. Summary and Recommendations: In summary, I believe Black and Veatch's report is excellent, and that it includes some unanticipated improvements to the plan which will enhance future operations of the system. Accordingly, while we have no contractual obligation to reimburse them for extra services performed, I do recommend approval of their request for a 50/50 cost sharing of the overrun, thus providing additional compensation in the amount of $8,054.54. I believe this to be a fair and reasonable settlement. Respectfully submitted, Sy Knal3p Director of Public Works SK:em Attachments ATTACHMENT NO. 1 Detail of Work Tasks as Contained in February 1989 Contract With Black and Veatch For Study of Brooklyn Center Water Supply System Task Person -hours 1. Project Administration 72 2. Review Previous Reports 16 3. Review Population and Water Use Data 32 4. Evaluate Effectiveness of Water Use Restrictions 24 5. Estimate Future Water Use 24 6. Evaluate Water Supply Facilities 48 7. Determine the Need for Additional Wells 16 8. Evaluate the Effect of EPA Regulations 40 9. Determine Treatment Requirements 16 10. Update Computer Model 32 11. Conduct Distribution System Modeling 64 12. Analyze Supply /Storage Requirements 40 13. Develop Master Plan Improvements Program 48 14. Financial Considerations 64 15. Prepare Preliminary Report 104 16. Prepare Final Report 32 PROJECT TOTAL 672 BLACK & V E A T C H ENGINEERS - ARCHITECTS Mr. Sy Knapp Director of Public Works 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Knapp: Attachment No. 2 TEL. (913) 339 -2000 1500 MEADOW LAKE PARKWAY MAILING ADDRESS P.O. BOX NO. 8405 KANSAS CITY, MISSOURI 64114 Brooklyn Center, Minnesota B &V Project 15521.102 Water System Study October 25, 1989 In accordance with our conversation with you prior to our report presenta- tion to the City Council on August 14, 1989 and our subsequent telephone conversation this date, we are enclosing herewith our Final Invoice No. 15521.102 -10 -9 -290 in the amount of $5,894.47 plus an extra work request. During the course of this project, we provided additional engineering ser- vices on several tasks at a level of detail which were not envisioned in the original scope of services. However, we believe that this extra engi- neering effort was necessary to provide Brooklyn Center with a quality product. Areas in which additional time and effort were spent included the following: (1) evaluation of the weather on water use (Appendix B); (2) additional distribution system modeling to determine the effectiveness of elevated storage (Appendix D, page D -4); (3) Safe drinking water act assessment (Appendix C); (4) report preparation with executive summary and Appendix sections; and (5) Council presentation of report with slides. The extra work required on these tasks were primarily the result of eval- uating the water use restrictions, analyzing supply and storage require- ments, impacts of the SDWA regulations and the isolation of Tank No. 2. The latter item resulted in a recommendation that utilized Tank No. 2 storage volume effectively. The dollar value of Tank No. 2 would be in excess of $1,000,000. We feel this one recommendation would justify the extra work request. As a result of this extra effort, we exceeded the maximum billing limit by $16,091.09. Records of our direct labor costs and reimbursable expenses pertaining to the services covered by our Contract were kept on the basis of generally acceptable accounting practices and are available for review by the City. • • BLACK & VEATCH Director of Public Works 2 B &V Project 15521.102 Mr. Sy Knapp October 25, 1989 In view of the foregoing, we would like to request your consideration of a 50/50 cost sharing of this overrun or $8,045.54 to provide compensation for the additional services provided. We feel our request to increase the contract limit by $8,045.54 is fair and reasonable. However, if the City is unable to accept our request, we are receptive to the City establishing the adjustment amount. Your consideration in this matter is greatly appreciated. Regarding your request of the impact of delaying construction of the 24 inch main on 69th Avenue for a few years, we conducted two separate analyses that confirmed the effectiveness of Tank No. 2, if the tank was isolated from the transmission mains on 69th Avenue. With the initial improvements constructed, as marked on the enclosed print, Tank No. 2 contributed about 1.5 mgd during peak water demand periods. However, without the isolation of Tank No. 2 from the 30 inch and 16 inch in 69th Avenue, Tank No. 2 remained full during peak demand periods. After your review of the enclosed sketch, please call us if you have any questions. as Enclosure: Final Invoice cc: Len C. Rodman Very truly yours, BLACK & VEATCH 0(5/ . Lorenz, P. E. ject Manager REMIT TO: P.O. BOX 27 -258 KANSAS CITY, MO 64180 FED ID NO. 44- 0605785 CITY OF BROOKLYN CENTER 6301 SHENGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 ATTN: SY KNAPP DIRECTOR OF PUBLIC WORKS PLUS 100% BLACK & V E A T C H ENGINEERS - ARCHITECTS INVOICE 15521.102 -10 -9 -290 2434 -0 OCTOBER 13, 1989 ENGINEERING SERVICES IN CONNECTION WITH WATER SUPPLY SYSTEM STUDY. OUR PROJECT NO. 15521.102 PAYROLL EXPENSE JUNE 1989 F.A. ALEXANDER $ 21.34 $ H.F. BROOKS 954.49 L.M. CONN 12.91 D.B. ELDER 31.23 P.L. HOWE 261.98 E.J. KOVAL 169.21 J.B. LORENZ 907.88 W.J. MALACH 135.93 K.D. STARLING 31.39 R.A. STOEBNER 2,743.50 COMPUTER 42.00 POSTAGE 15.50 REPRODUCTION 1.14 TELEPHONE 10.50 WORD PROCESSING 9.92 $ 5,269.86 $ 79.06 5,269.86 $ 10,539.72 $ 79.06 1500 MEADOW LAKE PARKWAY KANSAS CITY, MO 64114 (913) 339 -2000 $ 10,618.78 • • INVOICE 15521.102 -10 -9 -290 2434 -0 PAGE 2 AUGUST 1989 PLUS 100% BLACK & V E A T C H ENGINEERS- ARCHITECTS PAYROLL EXPENSE JULY 1989 H.F. BROOKS S 426.67 $ E.F. BUTTERS 20.61 M.M. FREY 210.53 J.B. LORENZ 518.79 W.J. MALACH 28.77 L.C. RODMAN 225.00 R.A. STOEBNER 2,014.89 COMPUTER 15.48 TECHNICAL PUBLICATIONS 102.00 - TELEPHONE 39.79 WORD PROCESSING 156.81 S 3,445.26 $ 110.08 PLUS 100% 3,445.26 S 6,890.52 $ 110.08 H.F. BROOKS S 45.48 $ L.H. HAKK 110.75 P.L. HOWE 132.31 E.J. KOVAL 43.96 J.B. LORENZ 495.21 15.50 A.C. MEYERS 17.33 K.D. STARLING 9.52 R.A. STOEBNER 887.21 COMPUTER 53.28 POSTAGE 28 REPRODUCTION 652.59 TELEPHONE 2.32 WORD PROCESSING 130.86 5 1,741.77 $ 882.64 1,741.77 S 3,483.54 $ 882.64 7,000.60 $ 4,366.18 INVOICE 15521.102 -10 -9 -290 2434 -0 PAGE 3 AMOUNT THIS INVOICE MAXIMUM BILLING LIMIT TOTAL BILLED THRU 5/26/89 BLACK & V E A T C H ENGINEERS - ARCHITECTS $ 33,500.00 27,605.53 BALANCE $ 5,894.47 EXTRA WORK REQUEST (50% OF OVERRUN) $ 8,045.54 $ 21,985.56 AMOUNT REQUESTED (FINAL BILLING) $ 13,940.01 • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number 7 q kJ REQUEST FOR COUNCIL CONSIDERATION RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1990 ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 1 SY KNAPP / DIRECTOR OF PUBLIC WORKS * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * f���i * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Explanation No comments to supplement this report Comments below /attached Annually the water hookup rates are adjusted to account for inflation. This year the change in the Twin Cities Consumer Price Index was 4.0 percent. Accordingly, the proposed water hookup rates for calendar year 1990 have been increased 4.0 percent. City Council Action Required Adopt the attached resolution. Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1990 WHEREAS, Resolution Nos. 74 -45 and 77 -113 provided for the annual adjustement of water assessment rates for non - single - family residential and single- family residential properties, respectively; and WHEREAS, said adjustment in water assessment rates is to be effective January 1 of each year; and WHEREAS, Resolution 88 -05 changed the date 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, 1988 to July, 1989 was an increase of 4.00 percent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the water assessment rates effective January 1, 1990 shall be as follows: Assessment 1990 Rate Single Family Residences (includes service hookup) Frontage (front 135 feet) Area (area outside front 135 feet) Service Hookup Date Mayor Clerk $2,878.00 $29.33 per front foot $9.10 per 100 square feet $678.00 per each 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. 19 CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number 1// REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1990 • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * * * * * *NA *P DIRECTOR * ** ** PUBLIC * *WOR * ** * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: 1G.� *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: Explanation J No comments to supplement this report City Council Action Reouired Adopt the attached resolution. Comments below /attached (supplemental sheets attached Annually the assessment rate for street improvement projects in residential areas is 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 change in the construction cost index was 4.4 percent. Accordingly, the proposed assessment rates for street improvement projects in residential areas in 1990 have been increased 4.4 percent. * * * * * * * * * * * * * * * * ** Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1990 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 annual adjustment should be equal to the annual change in the Construction Cost Index for Minneapolis for the preceding month of December; 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, 1988 to December, 1989, was an increase of 4.4 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 zones 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. 4. The residential assessment rates for street reconstruction effective January 1, 1990 shall be as follows: • • RESOLUTION NO. Land Use ATTEST: R -1 zoned, used as one - family site that cannot be subdivided R -2 zoned, or used as a two- family site that cannot be subdivided R -3 zoned 1990 Assessment Rate $1,410 per lot $18.74 per front foot with a minimum $1,410 per lot Assessable frontage x $18.74 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 Mayor 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. . *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS FOR PURCHASE OF SIDEWALK SNOWPLOW AND BLOWER • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: CITY OF BROOKLYN CENTER Council Meeting Datel2 /18/89 Agenda Item Number /i � REQUEST FOR COUNCIL CONSIDERATION MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Purchase of a third sidewalk snowplow and blower is recommended for the following reasons: 1. The City has constructed several miles of additional sidewalks during the past 5 years. The current total is 46 miles. 2. During the winter of 1988 -89, the City started plowing additional trails. At this time approximately 6 miles of trails are being plowed. 3. The addition of a third unit would assist in the clearing of skating rinks. 4. The two existing units are getting older (i.e. - one is a 1982 model, the other is a 1983 model) and both have had heavy usage. As a result, they require more repairs, thus having more "down- time." During the winter of 1988 -89, one of the two units was out -of- service approximately 25% of those times when plowing was needed. Purchase of the third unit was recommended in the 1990 budget request. Because of budget constraints the City Council deleted this item from the approved budget, but requested City staff to submit a recommendation for an alternative funding source. Accordingly, the staff recommends that the required funds be appropriated from the local Municipal State Aid Street Fund, i.e. - Account No. 2600 - MSA Fund Balance Expendable. The attached specifications are submitted for approval by the City Council. If approval is granted on 12/18/89, bids will be received prior to the January 8, 1990 meeting. It is possible that one of the suppliers may have a unit "in stock." If so, delivery could be made in early January. If no unit is in stock, we estimate that delivery would be made in late February or early March. Out estimated cost for this unit is $47,000.00. • • • City Council Action Reauired Adoption of the attached resolution. Note: At the time that a bid is accepted by the Council, the resolution accepting the bid will provide for the fund transfer as required. Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS FOR PURCHASE OF SIDEWALK SNOWPLOW AND BLOWER BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. that the specifications for a sidewalk snowplow and blower as prepared by the Director of Public Works are hereby approved. 2. that the City Clerk is hereby authorized and directed to prepare and cause to be inserted in the official newspaper an advertisement for bids for the furnishing of a sidewalk snowplow and blower in acccordance with the approved specifications. Date Mayor 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. • • CALL FOR BIDS FOR ONE (1) FOUR WHEEL DRIVE ARTICULATED SIDEWALK PLOW WITH SNOWBLOWER AND VEE PLOW Sealed proposals endorsed with the title of the equipment and the bidder's name will be received at the office of the City Clerk of the City of Brooklyn Center, Hennepin County, Minnesota up to 2:00 p.m. on Thursday, January 4, 1990, at which time bids will be opened and read. The equipment to be furnished consists of the following as called for in the specifications: ONE (1) FOUR WHEEL DRIVE ARTICULATED SIDEWALK PLOW WITH SNOWBLOWER AND VEE PLOW Proposed forms of contract documents, including the forms and specifications therefor, are on file in the office of the City Clerk of the City of Brooklyn Center, Minnesota where they may be examined. Specifications and proposal blanks may be had for the contractor's individual use by applying to the City Clerk. No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids without the consent of the City. No bids will be considered unless sealed and filed with the City Clerk prior to the closing time for receiving bids. Bid security in the amount of 5% must be submitted with each bid. The City Council reserves the right to waive any informalities in any bids received and reject any or all bids received. Mailed bids should be addressed to: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 By order of the City Council D.K. Weeks, Clerk Date: December 18, 1989 (Published in the Brooklyn Center Post December 20, 1989 and December 27, 1989) • • 1. General 2. Bid Deposit 4. Proposal Form CITY OF BROOKLYN CENTER, MINNESOTA INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT FOR ONE (1) FOUR WHEEL DRIVE ARTICULATED SIDEWALK PLOW WITH SNOWBLOWER AND VEE PLOW The attached specifications shall constitute the minimum acceptable specifications for the equipment for which bids are requested. The word "Owner" used in these specifications refers to the City of Brooklyn Center, Minnesota. No bid may be withdrawn within 30 days after the scheduled closing time for receipt of bids without the consent of the Owner. All bids must be accompanied by a bid bond, cashier's check, or certified check made payable to the city of Brooklyn Center, Minnesota, in an amount equal to five percent (5 %) of the total dollar value of the bid as a guarantee that if the bid is accepted the Bidder will execute a Contract and furnish Contract Security, as required by these specifications, within 10 days after receipt of Notice of Award of Contract by Owner. The Conditions of the bid deposit shall be that the Owner will withhold all deposits until bids are accepted or rejected by the Owner. If contracts are awarded, the Owner will return the bid deposits of the unsuccessful bidders, but will retain the bid deposit of the successful bidder until the Contract is executed and Contract Security is furnished. 3. Objections to Any objections to the specifications must be submitted to Specifications Richard Ploumen, the Superintendent of Public Works,- in writing, on or before December 28, 1989. Proposals shall be submitted upon the proposal form attached hereto, in a sealed envelope with the statement thereon "Sidewalk Plow" and must be submitted to the City Clerk, City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 prior to the time set for opening of bids. 5. Descriptive Catalog information showing make, model, and complete Information specifications of the equipment the bidder proposes to Required furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. 6. Patent Infringements 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 a suit and save the City harmless in all such actions. 7. Guarantee Each Bidder shall furnish the manufacturer's standard 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. 8. Bid Rejection The City of Brooklyn Center, Minnesota, reserves the right to reject any and all bids, to waive any informalities in bidding, or to accept the bid or bids which best serve the interest of the City of Brooklyn Center. 9. Bid Withdrawal No bids shall be withdrawn for a period of thirty (30) calendar days after the scheduled opening of the bids without the consent of the City Council of the City of Brooklyn Center. 10. Consideration of The availability and adequacy of parts and service, and Bids 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. No prequalification requirements are specified herein. However, each bidder shall submit written statements with his bid which provide the following information: 1. length of time this manufacturer has been manufacturing sidewalk snowplows and blowers 2. length of time the dealer has been handling this product line 3. number, location and ownership of all comparable units in service in Minnesota, or in dealer's service area; (for usage by the City in checking references) 4. description of parts and service availability for this machine from the dealer and from the manufacturer Following opening of the bids, the City may require the bidder to submit such additional information as may reasonably be required in order to evaluate the proposed bid for the benefit of the City. -2- • • • In addition, the City of Brooklyn Center reserves the right to consider the previous performance of both the dealer and the manufacturer relating to the parts and service records to the City of Brooklyn Center as related to other City -owned equipment. 11. 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, warranty, parts and service; as well as analysis and comparison of specifications and performances. The City of Brooklyn Center reserves the right to accept that bid which the City Council determines to be in the best interest of the City, and /or to reject any or all bids. 12. Proof of Workers The Bidder to whom a Contract is awarded shall be Compensation required to furnish 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. 13 Compliance with The equipment called for herein shall be new, currently Current Standards advertised, standard production 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 the Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. 14. Delivery Delivery of this equipment shall be made by the bidder, F.O.B. to the City Maintenance Garage, 6844 Shingle Creek Parkway, Brooklyn Center, Minnesota. 15. Delivery Date Each bidder shall specify in his proposal the date by which all equipment will be delivered to the City. The specified date of delivery is an important factor which the City will consider in making the award of the contract. In the event this equipment is not delivered on or before the specified delivery date, the City of Brooklyn Center: (1) may require forfeiture of the bid security, unless failure to deliver can be clearly shown to be beyond the control of the bidder; and -3- • (2) may elect to cancel the contract for purchase of the equipment. Such cancellation of contract may be made whether or not the failure to deliver is within the control of the bidder. • SPECIFICATIONS FOR FOUR WHEEL DRIVE ARTICULATED SIDEWALK PLOW WITH SNOWBLOWER AND VEE PLOW General These specifications describe a diesel engine, articulated frame, rubber tire, all wheel drive, sidwalk snow plow. The unit must be capable of operation on a 5 foot width sidewalk with a front mounted blower, or vee plow. Machine to be furnished must equal or exceed the following Specifications,. Engine Industrial type diesel powered, 240 Cu. In. minimum, 75 H.P. minimum. The engine shall include the following: Governor Thermostat Fuel Filter Full Flow Oil Filter Dry Type Air Cleaner with Service Indicator Cold Weather Starting Aid Winterized Cooling System with sufficient Anti - Freeze to prevent freezing Electric Key Start Filler Openings Strongest Electric Starter Motor manufactured for the Engine furnished Oil Cooler capable of protecting the Engine from damage during plowing operations Transmission Hydrostatic type transmission with low range (0 -10 M.P.H.) and high range (0 -20 M.P.H.) with reverse and neutral position. Speed to be controlled by a foot pedal. Neutral Safety Switch to be included. Brakes Foot operated hydraulic drum type service brakes. Parking brake shall be included, with warning buzzer. Steering Articulated hydraulic or hydrostatic power steering with automotive type steering wheel. Frame articulation shall be 350 minimum right or left with a 12 to 15 ft. inside diameter turning capability. Electrical System 12 volt system with heavy duty battery and high output alternator. 2 Halogen headlights, 2 stop and tail lights, directional lights, 4 -way flasher lights, backup lights, cab dome light, and cab roof mounted blue strobe light, Whelen Model 1200 or equal. All lights to meet Minnesota Vehicle Code. Axles Axles shall be heavy duty with all wheel drive. • • Tires & Wheels Wheels 15" diameter x 10" wide Tires all season radials 31 x 10.5 50R 15 LT Spare tire & rim shall be included with unit Cab Shall be an all weather R.O.P.S. type fully enclosed all steel and include the following items: Horn Heater /Defroster Two Speed Windshield Wiper with Washer All Operative Controls Sound Deadening Material Sliding Side and Rear Windows Tinted Safety Glass throughout Rear View Mirror Removable Door Instrument Panel Suspension type Seat with Safety Seat Belt Dome Light AM Radio All controls shall be convenient to the operator. Instruments The following shall be included and visible to the operator: Engine Tachometer Engine Hour Meter Ammeter or Volt Meter (Volt Meter preferred) Coolant Temperature Gauge Hydraulic Oil Temperature Gauge Oil Pressure Gauge Fuel Level Gauge (May be on tank) Automatic Safety Shutdown for low oil pressure and high water temperature All instruments and gauges shall be illuminated. Fuel Tank Fuel tank 20 gallon P.T.O. Shall be suitable for driving attachments requiring direct engine drive. The clutch shall include an electric activator and control to engage or disengage. Hydraulic System The system pump shall furnish sufficient GPM at the Manufacturer's recommended R.P.M. to perform the required operations. The system shall include a filter, oil cooler, reservoir, pressure relief valves and controls. The controls shall be capable of providing down pressure or raising mounted attachments. Included also shall be a "Float" position which allows the operator to maintain attachment height automatically. -2- • • • Standard Equipment Shall include all standard equipment such as tool box, slow moving vehicle emblem, back -up alarm and all necessary safety equipment guards, shields, warning signs, etc. Attachment Mountings The unit shall be constructed with all quick connect /disconnect couplings for all attachments specified herein. The mountings and /or hitches shall be the strongest available for the unit with all parts suitable to do the work intended. Snowblower Shall have an opening approximately 38" high and a width at least equal to the overall width of the unit. The Blower must be hydraulically controllable from inside the cab and include the following features: Discharge Chute - for regular plowing Replaceable, Hardened Impeller Housing Liner Chute Rotator Hydraulically Controlled from inside the cab Chute Deflector Hydraulically Controlled from inside the cab Replaceable, Hardened Cutting Edge Shear Bolts for Auger and PTO Drive Quick Mount /Dismount feature Vee Plow Shall have the following features: Width at Bottom - 48" to 58" Width at Wings - 50" to 60" Height and Cutting Nose - 28" to 30" Height at Wings - 35" to 40" Replaceable Hardened Cutting Edges Replaceable Hardened Nose Edge Capable of exerting down pressure Quick Mount /Dismount feature Color Yellow, Color Manuals One operator's manual, and one part's manual shall be included with delivery of the machine. -3- • • • ONE (1) FOUR WHEEL DRIVE ARTICULATED SIDEWALK PLOW WITH SNOWBLOWER AND VEE PLOW To: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: PROPOSAL We propose to furnish and deliver one sidewalk plow according to the specifications at the following bid price: Bid price per unit Delivery Date Signed Firm Name Address Date BID OPENING: 2:00 p.m. January 4, 1989 (calendar days from date of contract award) • • • ITEM DESCRIPTION: CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number 7 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RESOLUTION ACCEPTING THE QUOTATION OF NORSTAN, INC. TO PROVIDE A TELEPHONE SYSTEM FOR THE MUNICIPAL GARAGE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APP . RO V AL: /J/ O(�c e'e i �/ �' / /r�i EDA Coordinator Si na re - title * * * * * * * * * * * ** * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * ** * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) At the time we bid the phone system for the City Hall, the municipal garage was inadvertently eliminated from the specification for the new system. The new system proposed for the garage takes into account the additional phones that were approved in the 1989 budget. It also replaces an old system with new (same) equipment from Norstan, Inc. to be maintained by them. In addition, the proposal provides a new paging system for the garage replacing our current (homemade) system. I will be available Monday to discuss this proposal. • Member introduced the following resolution and moved its adoption: ATTEST: Clerk RESOLUTION NO. RESOLUTION ACCEPTING THE QUOTATION OF NORSTAN, INC. TO PROVIDE A TELEPHONE SYSTEM FOR THE MUNICIPAL GARAGE WHEREAS, the municipal garage phone system is a continued maintenance problem; and WHEREAS, Norstan, Inc. has been awarded a contract to replace the City Hall /Civic Center phone system; and WHEREAS, it is desirable to replace the phone system at the municipal garage with compatible equipment to be maintained by Norstan, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the quote of Norstan, Inc. of $6,997.47 to replace the phone and paging system at the municipal garage. BE IT FURTHER RESOLVED that the cost of this project shall be allocated as follows: Capital Projects Fund $6,997.47 Date Mayor 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. 7j CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number �IC REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE PURCHASE OF PAGERS, HANDI- TALKIES, AND BASE STATIONS FOR THE FIRE DEPARTMENT *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Administrative Aide Signature - title ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * *" * * * * * *4 * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Appropriations have been approved in the 1990 fire department budget for the purchase of pagers, handi - talkies, and base stations. The City can purchase these items off the Minnesota Fire Agencies Purchasing Consortium contract at a substantial savings. This contract expires December 31, 1989; therefore, it is necessary to order the items before the end of the month. It should be noted the unit listed for the "New Car" will be taken from the appropriation for the station wagon. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF PAGERS, HANDI- TALKIES. AND BASE STATIONS FOR THE FIRE DEPARTMENT WHEREAS, appropriations were approved in the 1990 fire department budget for pagers, handi- talkies, and base stations; and WHEREAS, the City of Brooklyn Center can purchase these items through the Minnesota Fire Agencies Purchasing Consortium contract at a substantial savings; and WHEREAS, the aforementioned contract expires December 31, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of 16 pagers, 14 handi- talkies, and three base stations is hereby approved. BE IT FURTHER RESOLVED the cost of the 16 pagers, 14 handi - talkies, and two base stations will be deducted from object #4552 within unit #32 and the cost of one base station will be deducted from object #4553 within unit #32. ATTEST: Date Mayor 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. 7K • CITY OF BROOKLYN CENTER Council Meeting Date A Item Nu REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: * * * * * * * * ** RESOLUTION APPROVING THE POLICE DEPARTMENT CADET PROGRAM AND AUTHORIZING CERTAIN BENEFITS FOR PROGRAM PARTICIPANTS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report RECOMMENDATION: ****/*** ********* * ** * * * * * * * * * * * * * * * * * * ** AINW Comments below /attached 7L *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: Approved in the 1990 budget is a cadet program for the police department. The purpose of the program is to attract minorities interested in law enforcement and expose them to all aspects of police work. The cadets will be eligible for openings in the code enforcement officer positions as they become available. It is then hoped that we will be able to move these individuals into open police officer positions when they become fully trained and finish their schooling. The individuals would be evaluated often during their progress and individuals who do not show promise would be eliminated from the program. The program is explained in more detail in the attached booklet. (supplemental sheets attached yes ) The costs of the two -year degree and skills course required to become a law enforcement officer are often higher than many minorities have the resources to afford. The attached resolution is for a program in which the two -year law enforcement training and skills courses would be paid for by the City of Brooklyn Center. We believe this program will be a great help to attract minorities to the cadet program and ultimately as police officers in Brooklyn Center. • The City Council approve the resolution authorizing certain benefits for the cadet program participants. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE POLICE DEPARTMENT CADET PROGRAM AND AUTHORIZING CERTAIN BENEFITS FOR PROGRAM PARTICIPANTS WHEREAS, on February 24, 1989, the commissioner of the Minnesota Department of Human Rights issued a certificate of compliance certifying the City of Brooklyn Center's affirmative action plan; and WHEREAS, the City's certificate of compliance is subject to revocation or suspension by the commissioner of Human Rights for failure to make a good faith effort to implement the affirmative action plan; and WHEREAS, the City's plan identifies a manifest imbalance in the number of minorities and women in the protective services job group which may be the result of past hiring practices; and WHEREAS, in order to address the imbalance in this job group and to make a good faith effort in compliance of the affirmative action plan, the Brooklyn Center City Council wishes to approve the creation of a police department cadet program which will provide on- the -job training for individuals by offering them an entry -level opportunity into the police profession. The participants should gain experience which may enhance an individual's potential for advancement to a full -time sworn police officer position; and WHEREAS, to attract candidates to the program and, consequently, to advance the City's affirmative action goals, the City Council wishes to provide certain specific benefits to participants in the police department's cadet program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that: 1. The City Council hereby approves the creation of a police department cadet program. 2. The City Council hereby authorizes the City to pay for the costs of tuition, fees, and books incurred by the cadets while they are actively employed in the cadet program by the City of Brooklyn Center and while they are successfully completing an associate degree for a law enforcement academic program at a POST (Peace Officer Standards and Training) - certified institution and the POST - certified skills course. 7L • • RESOLUTION NO. ATTEST: 3. The City Council hereby authorizes the City to pay for the uniform and equipment of active cadet program participants. 4. The City Council hereby requires City staff to annually present a progress report about the cadet program. If, over time, the program is ineffective or if its goals are attained, the City Council shall eliminate the program. Date Mayor 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 12/18/89 Agenda Item Number 7/ REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AMENDING THE 1989 AND 1990 GENERAL FUND BUDGETS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVA : � No comments to supplement this report Personnel Coordinator Signet re - title MANAGER'S REVIEW/RECOMMENDATION: f * * * * * * * * * * * * * * * * ** Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The 1989 General Fund budget allocates $5,000 for the printing of 15,000 copies of a community information map /flyer which will be distributed to residents of Brooklyn Center. It is expected that the new phone system for City offices will be operational in January 1990. With the new phone system will come new phone numbers. The map /flyer will be an excellent vehicle for publicizing the new numbers, so staff would like to delay the printing of the map /flyer until 1990 when the new numbers will be known and available. City Council action is required to transfer the funds from the 1989 budget to the 1990 budget. REQUESTED CITY COUNCIL ACTION: Pass a Resolution Amending the 1989 and 1990 General Fund Budgets. Member adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1989 AND 1990 GENERAL FUND BUDGETS WHEREAS, Section 7.08 of the Brooklyn Center City Charter authorizes the City Council to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, Unit 80, Unallocated Expenses, of the 1989 General Fund Budget provides $5,000 for the printing of a community information map /flyer; and WHEREAS, in 1990, the City will be installing a new telephone system which will include new telephone numbers for City offices; and WHEREAS, it is desirable to delay the printing of the map /flyer until 1990 so the new telephone numbers can be included in it. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that $5,000 be transferred from the 1989 General Fund Budget to the 1990 General Fund Budget as follows: ATTEST: 1989 GENERAL FUND BUDGET Decrease the Appropriation for Unallocated Expenses No. 80, Printing (01- 4350 - 000 -80) by $5,000 Decrease the Estimated Revenue for Transfer From Fund Balance (01 -3960) by $5,000 1990 GENERAL FUND BUDGET Clerk � P1 introduced the following resolution and moved its Increase the Appropriation for Unallocated Expenses No. 80, Printing (01- 4350 - 000 -80) by $5,00 - Increase the Estimated Revenue for Transfer from Fund Balance (01 -3960) by $5,000 Date Mayor The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Council Meeting Date 12/18/89 / Agenda Item Number /V REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: 1990 PROPOSED COMPENSATION PLAN CITY OF BROOKLYN CENTER *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title *********************************************// REVIEW /RECOMMENDATION: ��,. 1.4 * * * * * * * * * * * * * * * * * * * * * * * * * * No comments to supplement this report U Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) HISTORY: During the month of December of each year, the City Council has traditionally reviewed the compensation plan for the following year. This plan is attached and, as in past years, includes the salary and benefit plan for all City employees who are nonorganized. Portions of the compensation plan include references to salaries and fringe benefits for organized groups of employees, but they are reflections of their contract provisions. ANALYSIS: The attached 1990 proposed compensation plan recommends a general salary increase of 4.1%. Attached is a table indicating the history of the Consumer Price Index as compared to general salary increases given by the City of Brooklyn Center for nonorganized employees. We have contacted a significant number of suburban municipalities (see attachment), and it appears that the recommendation going before city councils in these municipalities is for a salary increase in the area of 4 %. Some a bit higher and some a bit lower, but generally in the area of 4 %. Attached is a copy of the Council resolution approving the implementation plan for pay equity legislation (comparable worth). 1990 will be the last year of the phased in implementation program. In accordance with this resolution, the proposed general salary increase would go only to those positions which fall within or below the 110% comparable worth line. The history of Brooklyn Center nonorganized employees salary increases indicate that generally over time they lag behind the inflation rate by roughly .5 %. There are times during previous years when the increases were a bit higher than the inflation rate, and times when they were a similar amount below. It has been the City Council's consistent practice, because the City as an organization competes with public and private sector employers in the metropolitan area for competent personnel, to keep our wages in line with market conditions and also consider the Pay Equity Act requirements as per our pay equity plan. Because it is in our best interest to keep our salaries in line with metropolitan employment markets, we have used, over the years, the DCA Stanton Group Survey (which is attached) to evaluate and compare our salaries with similar jobs in other jurisdictions. In 1990 we are proposing an increase in the employer contribution toward employee insurance coverage of $25 per month or a total of $240 per month per employee. In 1990 the three group insurance plans available to Brooklyn Center employees, Physicians of Minnesota (PHP), Group Health, Inc. and Med Center plans, have experienced increased premium costs, and the proposed increase in contribution matches the proposed contribution recently negotiated in the police LELS Local 82 contract settlement. The proposed employer contribution increase represents a sharing in the increased costs of insurance coverages for the employee. This is in keeping with a past practice of the City of Brooklyn Center that it's in the best interest of the employer and the employee that there be a joint contribution to these insurance programs to assist in controlling costs. The attached pay plan also calls for the addition of one holiday to the current schedule of 11 holidays. In negotiations with our other bargaining units, it is proposed that this additional holiday be granted. We are also proposing it for nonorganized employees. This additional holiday would bring us in line with the majority of metropolitan communities which currently allow for 12 paid holidays. On your agenda Monday evening you will also be considering a proposed two year contract settlement with police LELS Local 82. The joint bargaining process for Local 49 is currently active, and we /anticipate an agreement very close along the lines of the proposal for our nonorganized employees. We are hopeful we can achieve this agreement with Local 49 in time for you to consider an agreement at your January 8, 1990, meeting and should we be successful we could avoid any retroactive pay considerations. The pay plan contains a section which sets out the City's education reimbursement program. This program has been in effect for approximately 25 years, and this year we propose a modification. Currently the program provides for 60% employer reimbursement for employer approved education courses upon successful completion of a course. The current regulations also provide for two years employment with the City before they are eligible for the program. We are proposing to change this eligibility requirement. The proposed compensation plan calls for a minimum of 18 months City employment before becoming eligible for the 60% reimbursement and if an employee has been with us more than five years, the City would pay up to 75% of tuition costs upon successful completion of a course. We believe that coordinating the timing of the tuition reimbursement program to the 18 month mark for 60% reimbursement makes more sense and coordinates with employee development and pay patterns. We are requesting an increase in the City reimbursement for tuition for longer term employees to encourage employees to consistently better themselves in their chosen field and, thus, keeping abreast of current technology and other job requirements. RECOMMENDATION: We recommend your favorable consideration of this proposed resolution adopting the 1990 pay plan. We believe it recognizes employment market conditions in the Twin City area and keeps the City's benefits and pay at a level which will attract and retain competent, capable employees. • • 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 CONSUMER PRICE INDEX AND GENERAL SALARY INCREASES BY YEAR (nonorganized employees) July /July Mpls. /St. Paul CPI 10.7% 12.4% 11.2% 11.4% 9.8% 2.6% 5.5% 1.0% 1.2% 1.4% 5.6% 3.7% General Salary Increase 6.8% 7.0% 8.0% 10.0% 9.0% 6.0% 5.0% 5.0% 4.0% 3.5% 4.0% 4.0% 1990 SALARY INCREASES NONORGANIZED PERSONNEL Percent ( %) City Increase Status Roseville 4 Proposed Brooklyn Park 4 Proposed Crystal 4 Proposed New Hope 4 1/2 Proposed Robbinsdale 4 - 4 1/2 Proposed Golden Valley 4 Proposed St. Louis Park 4 Approved Columbia Heights 5 Proposed Anoka 3 1/2 Proposed Apple Valley 4 Approved Burnsville 4 Proposed Bloomington 3 (Classified) Approved 4 1/2 (Exec /Supv) New Brighton 4 Proposed Maple Grove 4 Proposed Minnetonka 4 Proposed Plymouth 4 Approved Richfield 4 Approved Eden Prairie 4 Proposed • 1990 PAY PLAN Adopted December 18, 1989 By City Council Resolution No 89-- CITY OF BROOKLYN CENTER DEPARTMENT OF FINANCE DDLBL (AAPC7RSW) Member its adoption: 410 introduced the following resolution and moved RESOLUTION NO. RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1990 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 1990 Employee Position and Classification Plan; and WHEREAS, the 1990 Employee Position and Classification Plan meets the requirements of establishing "equitable compensation relationships ". and WHEREAS, the 1990 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1990 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 hereb -y sets wages and salaries for the calendar year 1990 by adoption of the attached Position and Classification Plan (Schedules A through K) for the calendar year 1990 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; 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 BE IT FURTHER RESOLVED that the 1990 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 • • • RESOLUTION NO. 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 1990 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1990; and BE IT FURTHER RESOLVED that the City Council, in recognition that labor contract provisions are not as yet settled for the calendar year 1990 with the bargaining unit represented by I.U.O.E. Local No. 49, extends existing 1989 wage and salary rates for related job classicications in the Public Works Department. ATTEST: Date Mayor Clerk The motion for the adoption of the foregoing resolution was duly seconde member , and upon vote being taken thereon, the foil voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • (AAPC7CP) CITY OF BROOKLYN CENTER, MINNESOTA 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN EFFECTIVE JANUARY 1, 1990 Adopted: Resolution No. 89- (AAPC7TC) TABLE OF CONTENTS CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN 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 • • ORGANIZATIONAL UNIT POSITION (YYPC7A) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE A PERMANENT FULL -TIME AND SALARIED PART -TIME POSITIONS AUTHORIZED POSITIONS AUTHORIZED POSITIONS EXEMPT AUTHOR- ORGAN- FROM SALARY 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 City Clerk 1 No Yes -Adm C Administrative Aide 1 No Yes -Adm C Administration /Licenses Secretary 1 No No D Administration /Elections Secretary 1 No No D Switchboard Operator /Receptionist 1 No No D - ----------------------------------------------------------------------------------------- ASSESSING DEPARTMENT: Assessor 1 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 1 No No D Utilities Technician 1 No No D Accounting Technician 1 No No D Finance Secretary 1 No No D Data Entry Operator 1 No No 0 - ----------------------------------------------------------------------------------------- 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 29 L #82 No E Administrative Assistant 1 No Yes -Adm C Administrative Services Manager 1 No Yes -Adm C Code Enforcement Officer 2 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 • -2- TOTAL PERMANENT FULL-TIME POSITIONS AUTHORIZED: 137 ............................................................... 4111 1990 Positions Authorized, Schedule A, Continued: PLANNlNG AND INSPECTION DEPARTMENT: Director of Planning and Inspection 1 No Yes-Exc B lnspeCtor/BVilding Official 1 No Yes-Adm C Inspector 1 No Yes-Adm C Planner 1 No Y25-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 @mOrdinator 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 111, ----------'----------------------------------------------------------------------------'-' PARKS AND RECREATION DEPARTMENT: Director of Recreation 1 No Yes-Exc B Program Supervisor 3 No Yes-Adm C Supervisor of Streets and Parks Maintenance 1 No No C Aquatics Supervisor 1 No Yes-Adm C Maintenance {I 7 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 6 L#49 No G _______________________________________ L _______________ 1 __________________________________ LIQUOR STORES DEPARTMENT: Liquor Stores Manager .....- 1 No Yes-Exc B Supervisor, Retail 2 No Yes-Adm C -------------------------------------------------------'---'------------------ 1990 Positions Authorized, Schedule A, Continued: SCHEDULED PART -TIME POSITIONS AUTHORIZED: • FIRE DEPARTMENT: Assistant Fire Chief 1 No Yes -Vol C Fire Secretary 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- • EXECUTIVE POSITIONS ANNUAL SALARY SCHEDULE OVERTIME: These positions are exempt from overtime. -4- I (YYPC7B) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B EXECUTIVE PLAN RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT POSITION MINIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM City Manager $63,021 $70,435 $71,176 $74,142 $77,849 $78,591 $85,263 - ---------------------------------------------------------------------------------------- Director of Public Works $51,642 $57,717 $58,325 $60,755 $63,793 $64,400 $69,868 Director of Finance/ City Treasurer $48,016 $53,665 $54,230 $56,490 $59,314 $59,879 $64,963 - ---------------------------------------------------------------------------------------- Chief of Police $46,771 $52,273 $52,823 $55,024 $57,775 $58,326 $63,278 ----------------------------------------------------------------------------------------- Director of Recreation $42,158 $47,118 $47,614 $49,597 $52,077 $52,573 $57,037 - ---------------------------------------------------------------------------------------- Director of Planning and Inspection $41,706 $46,612 $47,103 $49,065 $51,519 $52,009 $56,425 ----------------------------------------------------------------------------------------- Fire Chief $40,767 $45,563 $46,043 $47,961 $50,359 $50,839 $55,155 - ---------------------------------------------------------------------------------------- • City Assessor $39,970 $44,673 $45,143 $47,024 $49,375 $49,845 $54,078 --------------------------------------------------------- Liquor Stores Manager $35,650 $39,844 $40,263 $41,941 $44,038 $44,457 $48,232 - ---------------------------------------------------------------------------------- - - - - -- 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. (AAPC7B1) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN EXECUTIVE POSITIONS ANNUAL SALARY CONVERSION SCHEDULE • POSITION NOTE: The Executive positi (FLSA) and are compensated to a monthly salary by divi the annual salary to an hou hours in the current year. Saturdays and Sundays from by eight hours. There are for informational purposes RANGE I RANGE II GROWTH PERFORMANCE MINIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM -5- SCHEDULE B -1 EXECUTIVE PLAN CONVERSION TABLE RANGE III MERIT MINIMUM MAXIMUM City Manager Annual: $63,021 $70,435 $71,176 $74,142 $77,849 $78,591 $85,263 Monthly: $5,252 $5,870 $5,931 $6,179 $6,487 $6,549 $7,105 Hourly: $30.182 $33.733 $34.088 $35.509 $37.284 $37.639 $40.835 - ---------------------------------------------------------------------------------------- Director of Annual: $51,642 $57,717 $58,325 $60,755 $63,793 $64,400 $69,868 Public Works Monthly: $4,303 $4,810 $4,860 $5,063 $5,316 $5,367 $5,822 Hourly: $24.733 $27.642 $27.933 $29.097 $30.552 $30.843 $33.462 ----------------------------------------------------------------------------------------- Director of Annual: $48,017 $53,666 $54,230 $56,490 $59,315 $59,879 $64,964 Finance /City Monthly: $4,001 $4,472 $4,519 $4,708 $4,943 $4,990 $5,414 Treasurer Hourly: $22.996 $25.702 $25.972 $27.055 $28.407 $28.678 $31.113 ----------------------------------------------------------------------------------------- Chief of Police Annual: $46,770 $52,273 $52,823 $55,024 $57,775 $58,325 $63,278 Monthly: $3,898 $4,356 $4,402 $4,585 $4,815 $4,860 $5,273 Hourly: $22.400 $25.035 $25.298 $26.352 $27.670 $27.934 $30.305 Director of Annual: $42,157 $47,117 $47,613 $49,597 $52,077 $52,573 $57,037 Recreation Monthly: $3,513 $3,926 $3,968 $4,133 $4,340 $4,381 $4,753 Hourly: $20.190 $22.566 $22.803 $23.753 $24.941 $25.179 $27.316 - ---------------------------------------------------------------------------------------- Director of Annual: $41,705 $46,612 $47,102 $49,065 $51,518 $52,009 $56,425 Planning and Monthly: $3,475 $3,884 $3,925 $4,089 $4,293 $4,334 $4,702 Inspection Hourly: $19.974 $22.324 $22.559 $23.499 $24.673 $24.908 $27.023 - --------------------------------------------_-------------------------------------------- Fire Chief Annual: $40,767 $45,563 $46,043 $47,961 $50,359 $50,839 $55,155 Monthly: $3,397 $3,797 $3,837 $3,997 $4,197 $4,237 $4,596 Hourly: $19.524 $21.821 $22.051 $22.970 $24.118 $24.348 $26.415 ------------------------------------------------------------------------------=---------- City Assessor Annual: $39,970 $44,673 $45,143 $47,024 $49,375 $49,845 $54,078 Monthly: $3,331 $3,723 $3,762 $3,919 $4,115 $4,154 $4,506 Hourly: $19.143 $21.395 $21.620 $22.521 $23.647 $23.872 $25.899 ----------------------------------------------------------------------------------------- Liquor Stores Annual: $35,650 $39,844 $40,263 $41,941 $44,038 $44,457 $48,232 Manager Monthly: $2,971 $3,320 $3,355 $3,495 $3,670 $3,705 $4,019 Hourly: $17.074 $19.082 $19.283 $20.087 $21.091 $21.292 523.100 - ---------------------------------------------------------------------------------- - - - - -- ons are classified as exempt under the Fair Labor Standards Act at an annual salary. This schedule converts the annual salary ding the annual salary by twelve months. The schedule converts rly equivalent by dividing the annual salary by the normal work The number of normal work hours is determined by subtracting the total number of days in the year and multiplying that numbe 2,088 normal work hours in 1990. This conversion schedule is only and is not an official wage schedule. III/ (AAPC7B2) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B -2 EXECUTIVE POSITIONS 1990 MAXIMUM ANNUAL SALARIES ESTABLISHED EXECUTIVE POSITIONS 1990 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 1990 TO THE MAXIMUM SALARIES SHOWN IN THIS SCHEDULE. -------------------------------------------------------------------------------------- - - - - -- CONVERSION TABLE POSITION MAXIMUM MONTHLY HOURLY ANNUAL SALARY EQUIVALENT EQUIVALENT Director of Public Works $65,070 $5,422 $31.164 410 Director of Finance/ City Treasurer - -- - - - - -- $61,687 - - - - -- $5,141 $29.543 Chief of Police $60,087 $5,007 $28.777 -------------------------------------------------------------------------------------- - - - - -- 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.- 4110 (CCCPC7C) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN SUPERVISORY AND PROFESSIONAL POSITIONS GRADE RANGE AND MONTHLY SALARY POSITION GRADE RANGE MONTHLY SALARY RANGE FROM SCHEDULE C -1 FROM SCHEDULE C -1 GOING GOING FROM MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM OVERTIME City Engineer S34A S36C S38C $3,612 $4,184 $4,395 Yes Police Captain S32A S34C S36C $3,438 $3,982 $4,184 Yes E.D.A. Coordinator S32A S34C S36C $3,438 $3,982 $4,184 Yes Public Works Superintendent S31A S33C S35C $3,354 $3,885 $4,082 Yes Assistant Director of Finance S31A S33C S35C $3,354 $3,885 $4,082 Yes Personnel Coordinator S29A S31C S33C $3,192 $3,698 $3,885 Yes Management Information Systems Coordinator S26A S28C S30C $2,964 $3,434 $3,608 Yes Planner S23A S25C S27C $2,753 $3,189 $3,350 Yes Administrative Assistant, Police S23A S25C S27C $2,753 $3,189 $3,350 Yes Public Works Coordinator S23A S25C S27C $2,753 $3,189 $3,350 Yes Inspector /Building Official S22A S24C S26C $2,686 $3,111 $3,268 Yes • Staff Accountant S22A S21A S24C S26C $2,686 $3,111 $3,268 Yes City Clerk S23C S25C $2,620 $3,035 $3,189 Yes Appraiser II S21A S23C S25C $2,620 $3,035 $3,189 Yes Supervisor of Streets and Parks S20A S22C S24C $2,556 $2,961 $3,111 No Supervisor of Public Utilities S20A S22C S24C $2,556 $2,961 $3,111 No Golf Course Manager S20A S22C S24C $2,556 $2,961 $3,111 Yes Program Supervisor, Recreation S20A S22C S24C $2,556 $2,961 $3,111 Yes Inspector, Planning and Inspection SI8A S20C S22C $2,433 $2,818 $2,961 Yes Administrative Services Manager, Police S17A S19C S21C $2,374 $2,749 $2,889 Yes Maintenance Supervisor S16A S18C S20C $2,316 $2,682 $2,818 Yes Housing Inspector S12A S14C S16C $2,098 $2,430 $2,553 Yes Supervisor, Liquor Retail S8A S1OC S12C $1,901 $2,202 $2,313 Yes Aquatics Supervisor S8A - S10C S12C $1,901 $2,202 $2,313 Yes Administrative Aide, City Manager's Office S8A S10C S12C $1,901 $2,202 $2,313 Yes Part -time Positions: Assistant Fire Chief $460 Yes Fire Secretary $165 Yes Fire Education Officer $165 Yes Senior Fire Training Officer $305 Yes Fire Training Officer $240 Yes Fire Inspector, Days $415 Yes Fire Inspector $240 Yes SCHEDULE C SUPERVISORY - PROFESSIONAL EXEMPT • • • (AAPC7C1) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION /CLASSIFICATION PLAN SCHEDULE C -1 SUPERVISORY - PROFESSIONAL POSITIONS MONTHLY SALARY SCHEDULE PROGRESSION STEPS MERIT STEPS GRADES A B C D E S1 $1,599 $1,679 $1,763 $1,851 $1,944 S2 $1,639 $1,721 $1,807 $1,897 $1,992 S3 $1,680 $1,764 $1,852 $1,945 $2,042 S4 $1,722 $1,808 $1,898 $1,993 $2,093 S5 $1,765 $1,853 $1,946 $2,043 $2,145 S6 $1,809 $1,900 $1,995 $2,094 $2,199 S7 $1,854 $1,947 $2,044 $2,147 $2,254 S8 $1,901 $1,996 $2,095 $2,200 $2,310 S9 $1,948 $2,046 $2,148 $2,255 $2,368 S10 $1,997 $2,097 $2,202 $2,312 $2,427 S1l $2,047 $2,149 $2,257 $2,369 $2,488 S12 $2,098 $2,203 $2,313 $2,429 $2,550 S13 $2,150 $2,258 $2,371 $2,489 $2,614 S14 $2,204 $2,314 $2,430 $2,552 $2,679 S15 $2,259 $2,372 $2,491 $2,615 $2,746 S16 $2,316 $2,432 $2,553 $2,681 $2,815 S17 $2,374 $2,492 $2,617 $2,748 $2,885 S18 $2,433 $2,555 $2,682 $2,817 $2,957 S19 $2,494 $2,619 $2,749 $2,887 $3,031 S20 $2,556 $2,684 $2,818 $2,959 $3,107 S21 $2,620 $2,751 $2,889 $3,033 $3,185 S22 $2,686 $2,820 $2,961 $3,109 $3,264 S23 $2,753 $2,890 $3,035 $3,187 $3,346 S24 $2,822 $2,963 $3,111 $3,266 $3,430 S25 $2,892 $3,037 $3,189 $3,348 $3,515 S26 $2,964 $3,113 $3,268 $3,432 $3,603 S27 $3,039 $3,190 $3,350 $3,517 $3,693 S28 $3,114 $3,270 $3,434 $3,605 $3,786 S29 $3,192 $3,352 $3,520 $3,696 $3,880 S30 $3,272 $3,436 $3,608 $3,788 $3,977 S31 $3,354 $3,522 $3,698 $3,883 $4,077 S32 $3,438 $3,610 $3,790 $3,980 $4,179 S33 $3,524 $3,700 $3,885 $4,079 $4,283 S34 $3,612 $3,792 $3,982 $4,181 $4,390 S35 $3,702 $3,887 $4,082 $4,286 $4,500 S36 $3,795 $3,984 $4,184 $4,393 $4,612 S37 $3,890 $4,084 $4,288 $4,503 $4,728 S38 $3,987 $4,186 $4,395 $4,615 $4,846 S39 $4,086 $4,291 $4,505 $4,731 $4,967 S40 $4,189 $4,398 $4,618 $4,849 $5,091 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 1/2% advances. Steps A through E represent approximately 5% advances. - MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -8- 411 (AAPC7C2) .<:: --, J / CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLAS PLAN SCHEDULE C -2 SUPERVISORY - PROFESSIONAL POSITIONS MONTHLY SALARY CONVERSION SCHEDULE MONTHLY RATE CONVERSION TABLE MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY $1,599 $19,188 $9.190 $1,679 $20,148 $9.649 $1,763 $21,156 $10.132 $1,639 $19,668 $9.420 $1,721 $20,652 $9.891 $1,807 $21,684 $10.385 $1,680 $20,160 $9.655 $1,764 $21,168 $10.138 $1,852 $22,224 $10.644 $1,722 $20,664 $9.897 $1,808 $21,696 $10.391 $1,898 $22,776 $10.908 $1,765 $21,180 $10.144 $1,853 $22,236 $10.649 $1,946 $23,352 $11.184 $1,809 $21,708 $10.397 $1,900 $22,800 $10.920 $1,995 $23,940 $11.466 $1,854 $22,248 $10.655 $1,947 $23,364 $11.190 $2,044 $24,528 $11.747 $1,901 $22,812 $10.925 $1,996 $23,952 $11.471 $2,095 $25,140 $12.040 $1,948 $23,376 $11.195 $2,046 $24,552 $11.759 $2,148 $25,776 $12.345 $1,997 $23,964 $11.477 $2,097 $25,164 $12.052 $2,202 $26,424 $12.655 $2,047 $24,564 $11.764 $2,149 $25,788 $12.351 $2,257 $27,084 $12.971 $2,098 $25,176 $12.057 $2,203 $26,436 $12.661 $2,313 $27,756 $13.293 $2,150 $25,800 $12.356 $2,258 $27,096 $12.977 $2,371 $28,452 $13.626 $2,204 $26,448 $12.667 $2,314 $27,768 $13.299 $2,430 $29,160 $13.966 $2,259 $27,108 $12.983 $2,372 $28,464 $13.632 $2,491 $29,892 $14.316 $2,316 $27,792 $13.310 $2,432 $29,184 $13.977 $2,553 $30,636 $14.672 $2,374 $28,488 $13.644 $2,492 $29,904 $14.322 $2,617 $31,404 $15.040 $2,433 $29,196 $13.983 $2,555 $30,660 $14.684 $2,682 $32,184 $15.414 $2,494 $29,928 $14.333 $2,619 $31,428 $15.052 $2,749 $32,988 $15.799 $2,556 $30,672 $14.690 $2,684 $32,208 $15.425 $2,818 $33,816 $16.195 $2,620 $31,440 $15.057 $2,751 $33,012 $15.810 $2,889 $34,668 $16.603 $2,686 $32,232 $15.437 $2,820 $33,840 $16.207 $2,961 $35,532 $17.017 $2,753 $33,036 $15.822 $2,890 $34,680 $16.609 $3,035 $36,420 $17.443 $2,822 $33,864 $16.218 $2,963 $35,556 $17.029 $3,111 $37,332 $17.879 $2,892 $34,704 $16.621 $3,037 $36,444 $17.454 $3,189 $38,268 $18.328 $2,964 $35,568 $17.034 $3,113 $37,356 $17.891 $3,.268 $39,216 $18.782 $3,039 $36,468 $17.466 $3,190 $38,280 $18.333 $3,350 $40,200 $19.253 $3,114 $37,368 $17.897 $3,270 $39,240 $18.793 $3,434 $41,208 $19.736 $3,192 $38,304 $18.345 $3,352 $40,224 $19.264 $3,520 $42,240 $20.230 $3,272 $39,264 $18.805 $3,436 $41,232 $19.747 $3,608 $43,296 $20.736 $3,354 $40,248 $19.276 $3,522 $42,264 $20.241 $3,698 $44,376 $21.253 $3,438 $41,256 $19.759 $3,610 $43,320 $20.747 $3,790 $45,480 $21.782 $3,524 $42,288 $20.253 $3,700 $44,400 $21.264 $3,885 $46,620 $22.328 $3,612 $43,344 $20.759 $33,792 $45,504 $21.793 $3,982 $47,784 $22.885 $3,702 $44,424 $21.276 $3,887 $46,644 $22.339 $4,082 $48,984 $23.460 $3,795 $45,540 $21.810 $3,984 $47,808 $22.897 $4,184 $50,208 $24.046 $3,890 $46,680 $22.356 $4,084 $49,008 $23.471 $4,288 $51,456 $24.644 $3,987 $47,844 $22.914 $4,186 $50,232 $24.057 $4,395 $52,740 $25.259 $4,086 $49,032 $23.483 $4,291 $51,492 $24.661 $4,505 $54,060 $25.891 $4,189 $50,268 $24.075 $4,398 $52,776 $25.276 $4,618 $55,416 $26.540 ----------------------------------------------------------------------------------------- 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 2,088 normal work hours in 1990. This conversion schedule is for informational purposes only and is not an official -9- (AAPC7D) CITY OF BROOKLYN CENTER 1990 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 $16.18 $18.74 $19.69 Engineering Technician III T27A T29C T31C $12.64 $14.64 $15.38 --------------------------------------------------------------------------------------- Maintenance Custodian T24A T26C T28C $11.74 $13.60 $14.28 --------------------------------------------------------------------------------------- Lead Custodian T20A T22C T240 $10.63 $12.32 $12.94 - -------------------------------------------------------------------------------------- Payroll /Personnel Technician T20A T22C T24C $10.63 $12.32 $12.94 --------------------------------------------------------------------------------------- Public Safety Dispatcher T20A T22C T24C $10.63 $12.32 $12.94 --------------------------------------------------------------------------------------- Public Works Dispatcher T19A T21C T23C $10.37 $12.02 $12.63 --------------------------------------------------------------------------------------- Assessment Technician T17A T19C T21C $9.87 $11.44 $12.02 --------------------------------------------------------------------------------------- Utilities Technician T17A T19C T21C $9.87 $11.44 $12.02 Accounting Technician T17A T19C T21C $9.87 $11.44 $12.02 - -------------------------------------------------------------------------------------- Code Enforcement Officer T14A T16C T18C $9.17 $10.62 $11.16 --------------------------------------------------------------------------------------- Planning & Inspection Secretary T14A T16C T18C $9.17 $10.62 $11.16 Police Classification Operator T14A T16C T18C $9.17 $10.62 $11.16 - -------------------------------------------------------------------------------------- Engineering Secretary T14A T16C T18C $9.17 $10.62 $11.16 --------------------------------------------------------------------------------------- Finance Secretary T13A T15C T17C $8.95 $10.36 $10.89 ------------------------------------------------------------------------------=-------- Police Secretary T13A T15C T17C $8.95 $10.36 $10.89 --------------------------------------------------------------------------------------- Data Entry Operator T13A T15C T17C $8.95 $10.36 $10.89 - -------------------------------------------------------------------------------------- Administration /Licenses Secretary T13A T15C T17C $8.95 $10.36 $10.89 --------------------------------------------------------------------------------------- Parks and Recreation Secretary T13A T15C T17C $8.95 $10.36 $10.89 --------------------------------------------------------------------------------------- Planning & Inspection Receptionist T13A T15C T17C $8.95 $10.36 $10.89 ---------------------------------------------------------------------------------- _----- Administration /Elections Secretary T9A T11C T13C $8.10 $9.39 $9.86 - -------------------------------------------------------------------------------------- Switchboard Operator /Receptionist T8A T10C T12C $7.91 $9.16 $9.62 -- ----- -------- -- Police Receptionist T8A T10 T12C $7.91 $9.16 $9.62 --------------------------------------------------------------------------------------- Custodian T6A T8C T10C $7.53 $8.72 $9.16 -10- (AAPC7D1) CITY OF BROOKLYN CENTER 1990 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 $6.65 $6.98 $7.33 $7.70 $8.09 T2 $6.82 $7.16 $7.52 $7.89 $8.29 T3 $6.99 $7.34 $7.71 $8.09 $8.49 T4 $7.16 $7.52 $7.90 $8.29 $8.71 T5 $7.34 $7.71 $8.10 $8.50 $8.92 T6 $7.53 $7.90 $8.30 $8.71 $9.15 T7 $7.71 $8.10 $8.50 $8.93 $9.38 T8 $7.91 $8.30 $8.72 $9.15 $9.61 T9 $8.10 $8.51 $8.94 $9.38 $9.85 T10 $8.31 $8.72 $9.16 $9.62 $10.10 T11 $8.52 $8.94 $9.39 $9.86 $10.35 T12 $8.73 $9.16 $9.62 $10.10 $10.61 T13 $8.95 $9.39 $9.86 $10.36 $10.87 T14 $9.17 $9.63 $10.11 $10.62 $11.15 T15 $9.40 $9.87 $10.36 $10.88 $11.42 T16 $9.63 $10.12 $10.62 $11.15 $11.71 T17 $9.87 $10.37 $10.89 $11.43 $12.00 T18 $10.12 $10.63 $11.16 $11.72 $12.30 T19 $10.37 $10.89 $11.44 $12.01 $12.61 T20 $10.63 $11.17 $11.72 $12.31 $12.93 T21 $10.90 $11.45 $12.02 $12.62 $13.25 T22 $11.17 $11.73 $12.32 $12.93 $13.58 4110 T23 $11.45 $12.02 $12.63 $13.26 $13.92 T24 $11.74 $12.33 $12.94 $13.59 $14.27 T25 $12.03 $12.63 $13.26 $13.93 $14.62 T26 $12.33 $12.95 $13.60 $14.28 $14.99 T27 $12.64 $13.27 $13.94 $14.63 $15.36 T28 $12.96 $13.60 $14.28 $15.00 $15.75 T29 $13.28 $13.94 $14.64 $15.37 $16.14 T30 $13.61 $14.29 $15.01 $15.76 $16.55 T31 $13.95 $14.65 $15.38 $16.15 $16.96 T32 $14.30 $15.02 $15.77 $16.56 $17.38 T33 $14.66 $15.39 $16.16 $16.97 $17.82 T34 $15.03 $15.78 $16.57 $17.39 $18.26 T35 $15.40 $16.17 $16.98 $17.83 $18.72 T36 $15.79 $16.58 $17.40 $18.27 $19.19 T37 $16.18 $16.99 $17.84 $18.73 $19.67 T38 $16.59 $17.42 $18.29 $19.20 $20.16 T39 $17.00 $17.85 $18.74 $19.68 $20.66 T40 $17.43 $18.30 $19.21 $20.17 $21.18 T41 $17.86 $18.75 $19.69 $20.68 $21.71 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 1/2% 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- 40 (AAPC7D2) CITY OF BROOKLYN CE ?TER T990"EMPLOYEE POSITION /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 $6.65 $13,885 $1,157 $6.98 514,574 $1,215 $7.33 $15,305 $1,275 $6.82 $14,240 51,187 $7.16 $14,950 $1,246 $7.52 $15,702 $1,308 $6.99 $14,595 51,216 $7.34 $15,326 $1,277 $7.71 $16,098 $1,342 $7.16 $14,950 $1,246 $7.52 $15,702 $1,308 $7.90 $16,495 $1,375 $7.34 $15,326 $1,277 $7.71 $16,098 $1,342 $8.10 $16,913 $1,409 $7.53 $15,723 $1,310 $7.90 $16,495 $1,375 $8.30 $17,330 $1,444 $7.71 $16,098 $1,342 $8.10 $16,913 $1,409 $8.50 $17,748 $1,479 $7.91 $16,516 $1,376 $8.30 $17,330 $1,444 $8.72 $18,207 $1,517 $8.10 516,913 $1,409 $8.51 $17,769 $1,481 $8.94 $18,667 $1,556 $8.31 $17,351 $1,446 $8.72 $18,207 $1,517 $9.16 $19,126 $1,594 $8.52 $17,790 $1,482 $8.94 518,667 $1,556 $9.39 $19,606 $1,634 $8.73 $18,228 $1,519 $9.16 519,126 $1,594 $9.62 $20,087 $1,674 58.95 $18,688 $1,557 $9.39 519,606 $1,634 $9.86 $20,588 $1,716 $9.17 $19,147 $1,596 $9.63 $20,107 $1,676 $10.11 $21,110 $1,759 $9.40 $19,627 $1,636 $9.87 $20,609 $1,717 $10.36 $21,632 $1,803 $9.63 $20,107 $1,676 $10.12 $21,131 $1,761 $10.62 $22,175 $1,848 $9.87 $20,609 $1,717 $10.37 $21,653 $1,804 $10.89 $22,738 $1,895 $10.12 $21,131 $1,761 $10.63 $22,195 $1,850 $11.16 $23,302 $1,942 $10.37 $21,653 $1,804 $10.89 522,738 $1,895 $11.44 $23,887 $1,991 $10.63 $22,195 $1,850 $11.17 $23,323 $1,944 $11.72 $24,471 $2,039 4110 $10.90 $22,759 $1,897 $11.45 $23,908 $1,992 $12.02 $25,098 $2,091 $11.17 $23,323 $1,944 $11.73 $24,492 $2,041 $12.32 $25,724 $2,144 $11.45 $23,908 $1,992 $12.02 $25,098 $2,091 $12.63 $26,371 $2,198 $11.74 $24,513 $2,043 $12.33 525,745 $2,145 $12.94 $27,019 $2,252 $12.03 $25,119 $2,093 $12.63 $26,371 $2,198 $13.26 $27,687 $2,307 $12.33 $25,745 $2,145 $12.95 $27,040 $2,253 $13.60 $28,397 $2,366 $12.64 $26,392 $2,199 $13.27 $27,708 $2,309 $13.94 $29,107 $2,426 $12.96 $27,060 $2,255 $13.60 $28,397 $2,366 $14.28 $29,817 $2,485 $13.28 $27,729 $2,311 $13.94 $29,107 $2,426 $14.64 $30,568 $2,547 $13.61 $28,418 $2,368 $14.29 $29,838 $2,486 $15.01 $31,341 $2,612 $13.95 $29,128 $2,427 $14.65 $30,589 $2,549 $15.38 $32,113 $2,676 $14.30 $29,858 $2,488 $15.02 $31,362 $2,613 $15.77 $32,928 $2,744 $14.66 $30,610 $2,551 $15.39 $32,134 $2,678 $16.16 $33,742 $2,812 $15.03 531,383 $2,615 $15.78 532,949 $2,746 $16.57 $34,598 $2,883 $15.40 $32,155 $2,680 $16.17 533,763 $2,814 $16.98 $35,454 $2,955 $15.79 $32,970 $2,747 $16.58 - $34,619 $2,885 $17.40 $36,331 $3,028 $16.18 $33,784 $2,815 $16.99 535,475 $2,956 $17.84 $37,250 $3,104 $16.59 $34,640 $2,887 $17.42 536,373 $3,031 $18.29 $38,190 $3,182 $17.00 $35,496 $2,958 $17.85 $37,271 $3,106 $18.74 $39,129 $3,261 $17.43 $36,394 $3,033 $18.30 538,210 $3,184 $19.21 $40,110 $3,343 $17.86 $37,292 53,108 $18.75 $39,150 $3,263 $19.69 $41,113 $3,426 --------------------------------------- - -------------------------------------------- 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 411 normal work hours in the current year The number of normal work hours is determined by 0subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1990. 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- (AAPC7E) 4110 CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN POLICE OFFICER POSITIONS HOURLY RATE SCHEDULE, L.E.L.S., LOCAL NO. 82 --------------------------------------------------------------- HOURLY RATE PROGRESSION STEPS POSITION P P2 P3 P4 P5 (72%) (79 %) (86 %) (93 %) (100 %) • • Police Officer $12.420 $13.628 $14.835 $16.043 $17.250 CONVERSION TABLE Monthly $2,153 $2,362 $2,571 $2,781 $2,990 Annual $25,834 $28,345 $30,857 $33,368 $35,880 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. Sergeant (P5 monthly salary plus $310) LONGEVITY AND EDUCATIONAL INCENTIVE: Percent of Base Pay based on longevity or educational supplementary pay: SPECIAL JOB 1. LONGEVITY CONVERSION TABLE HOURLY MONTHLY ANNUAL $19.038 $3,300 $39,600 credits to be paid as EDUCATIONAL COLLEGE QUARTER CREDITS PERCENT CONVERSION TABLE HOURLY MONTHLY ANNUAL $0.779 $135 $1,620 $0.779 $135 $1,620 $0.779 $135 $1,620 $0.779 $135 $1,620 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% CLASSIFICATION: Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $135 per month or $135 prorated for less than a full month in addition to their regular wage rate: SCHEDULE E POLICE OFFICERS PLAN A. Investigator B. School Liaison Officer B. Juvenile Officer C. Dog Handler 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- * * * * * * * * * ** 1990 LABOR CONTRACT PROVISIONS NOT SETTLED - 1989 CONTRACT SHOWN * * * * * * * * * ** (AAPC7F) CITY OF BROOKLYN CENTER 1989 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 1989 through the last payroll period in 1989: CONVERSION TABLE HOURLY POSITION RATE MONTHLY • • Maintenance III Maintenance II Mechanic Night Service Person Maintenance I Maintenance I Maintenance I Maintenance I Welding Crew Leader ANNUAL $12.98 $2,250 $26,998 $12.46 $2,160 $25,917 $12.98 $2,250 $26,998 $12.26 $2,125 $25,501 Beginning $9.17 $1,589 $19,074 Step 1 $9.99 $1,732 $20,784 Step 2 $10.82 $1,875 $22,495 Step 3 $11.64 $2,017 $24,206 $12.73 $2,207 $26,478 $0.54 in addition to regular rate when assigned in writing by the department head to assist a supervisor as crew leader while performing such duties. LUMP SUM PAYMENT IN ADDITION TO WAGE RATES SHOWN ABOVE: In addition to the above wage schedule, all employees shall be paid a lump sum payment for all hours that the employee would be normally scheduled to work (excluding all overtime hours) equal to two percent (2% of the employee's base pay rate. Payment of the lump sum shall be in three installments: 1. April 15, 1989, or as close to April 15, 1989 as possible, for all hours worke in January, February, March, and April; and 2. August 15, 1989, or as close to August 15, 1989 as possible, for all hours worked in May, June, July, and August; and 3. December 15, 1989, or as close to December 15, 1989 as possible, for all hours worked in September, October, November, and December. 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 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 2,080 normal work hours in 1989. The 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- d • III (AAPC7G) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE G LIQUOR STORES PART-TIME HOURLY RATE SCHEDULE LIQUOR STORES PART-TIME EMPLOYEES PLAN • -15- STEPS POSITION A B C D SENIOR Clerk /Stocker $4.95 $5.55 $6.40 $6.65 $7.20 Cashier $4.95 $5.55 $6.40 $6.65 $7.20 Cashier /Office Assistant $6.85 $7.95 $8.35 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 advances, within the City Council authorized limits, shall be at the discretion of the City Manager. (AAPC7H):; CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN EMPLOYEE INSURANCE BENEFITS • ------------------------------------------------------------------------------------ - - - - -- L.E.L.S., LOCAL N0. 82, POLICE OFFICERS: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO: The City will contribute, effective with insurance premiums due January 1, 1989, payment of an amount not to exceed $215 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: CITY MANAGER: The City will contribute up to a maximum of $240 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. * * * ** 1990 CONTRACT PROVISIONS NOT SETTLED - BENEFITS SHOWN AT 1989 LEVEL * * * ** The City will contribute, effective with insurance premiums due January 1, 1990, payment of an amount not to exceed $240 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. As provided in the City Manager's Personal Service Contract. -16- SCHEDULE H EMPLOYEE INSURANCE BENEFITS ---------------------------------------------------------------------------------=-- - - - - -- y i , . l $ t `�. `+ .., i L uc.. , -,t� 0 (AAPC7I) CITY OF BROOKLYN CENTER 1989 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE I 1990 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. 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 hereby explicitly stated: a. Mr. Splinter shall perform the duties and meet the obligations for the position of City Manager as set forth in the City Charter and Chapter 6 of the City Ordinances b. Mr. Splinter's salary for 1989 shall be $75,189 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 followin 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. Becau of the 1989 implementation of IRS Rule 89, it may be necessary, in order to mainta IRS nontax status of all employee insurance benefits, to modify this section of th City Manager's compensation package. If the Finance Director recommends modificat in the payment of the City Manager's insurance benefits as the simplest and most effective method for assuring "qualification" of Brooklyn Center's employee group insurance plans under the new regulations of IRS Rule 89, then the City Manager's 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 twenty -four hour business use. -17- 4 Q Q 4 • : w ,. �� �'. � �; _. �•- ray.+° 1990 City Manager's Compensation reement, Schedule I, Continued: • 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 &ne -thid of his unused sick leave. g. 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- • (AAPC7J) CITY OF BROOKLYN CENTER 1990 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, 1990 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 25.5 cents per mile, or an amount equal to air travel tourist class, whichever is the lesser. -19- a. Breakfast - $7.00 b. Lunch - $9.00 c. Dinner - $15.00 410 1990 Personnel Expense Reimbursement Policy, Schedule J, Continued 7. Reimbursement for meals while on authorized travel will be for actual expenditures with a maximum of S31 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: 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 �f 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 25.5 cents per mile for mileage incurred in the conduct of such business. An itemized mileage expense claim must be susbmitted to the City Manager for approval. 10. Certain employees of the City are required to drive a City vehicle to their home and keep it there while off -duty. They must do so to be able to respond to 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- 1. VOLUNTARY PARTICIPATION IN TRAINING. 2. REQUIRED PARTICIPANT TRAINING. (AAPC7K) CITY OF BROOKLYN CENTER 1990 EMPLOYEE POSITION AND CLASSIFICATION PLAN EMPLOYEE TRAINING POLICY -21- SCHEDULE K EMPLOYEE TRAINING POLICY ----------------------------------------------------------------------------------- - - - - -- In 1964, the City Council established a policy pertaining to employee training. The purpose of the policy is to promote and encourage employees of the City of Brooklyn Center to pursue further education and training to increase awareness and proficiency in their positions. In support of this policy, it is hereby amended to be as follows for costs incurred on January 1, 1990 and thereafter: The City of Brooklyn Center will reimburse to City employees attending job related courses who have been emplopyed by the City of Brooklyn Center, on a full -time basis of a 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 courses, provided the conditions listed below are met. Employees who have been employed by the City of Brooklyn Center on a 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: a. The course has been approved by the City Manager prior to registration for, or participation in, the course. b. The employee attains a grade of "C" or better in the course, or in those cases where grades are - not assigned, the employee must show proof of satisfactory completion of the course. c. The employee has submitted, on forms to 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 conduct of future training sessions. d. The attendance of the employee at course sessions has been satisfactory. e. Individuals who are receiving compensation or reimbursement for education costs from the federal or state government shall not be eligible for additional reimbursement from the City. In those instances where the City Manager deems it necessary or adviseable that an employee attend training sessions, the City shall pay all costs for fees, tuition, and textbooks. The employee shall attend such courses 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 course as required in paragraph lc above. CITY OF BROOKLYN CENTER Council Meeting Date 4:7051Y5 Agenda Item Number 77 REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: • • RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: ChAfLe, ate, X . F 4414,a, Signature - title ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** , * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report 0 , 1 . %,.) t [ * * * * * * * * * * * * * * * * * * * * Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The attached resolution adjusts the 1989 General Fund budget so that no department should exceed its appropriation. This adjustment becomes necessary because of the eighteen month lapse of time between budget preparation and the conclusion of the budget year. In the case of the departments listed in section 1, there simply were higher levels of activity than were anticipated and these costs will have to be covered by a transfer from the contingency appropritation. The Health Department costs are rising because of Broolyn Park dropping out of the joint program with Crystal and Brooklyn Center. The two Recreation departments listed in section 2, experienced higher participation levels, resulting in both revenue and expenditure increases. A further increase in the Legal Counsel budget was needed beyond what could be provided by the transfer from the Unallocated Department, so that was offset by an increase in the estimated revenues for Court Fines.in Section 3. Legal costs and court fines have at least an indirect relationship. (IADJBUD) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to transfer unencumbered appropriation balances from one department to another within the same fund; and WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as part of the General Fund Budget, and provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, in the course of carrying out city operations during 1989, some departments have found it necessary to operate at higher levels of activity than was anticipated in the 1989 Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1989 General Fund Budget as follows: 1. Transfer from the Unallocated Department Budget these amounts: Salaries of regular employees $16,000 Workers compensation insurance 14,000 PERA contributions 1,500 Contingency 68,500 $100,000 To the following departmental appropriations in the amount shown: Audit (Department No. 17) .$ 2,500 Legal Counsel (Department No. 18) 55,000 Health Regulation and Inspection (Dept No. 51) 12,500 Community Center 30,000 $100,000 2. Increase revenues and the appropriations for the following departments in the amounts listed for the reason that the actual receipts from the activity exceed the budget revenue estimate by at least the amount of the appropriation increase: Recreation Adult Programs (Department No. 62) $15,000 Recreation Teen Programs (Department No. 63) 1,500 3. Increase revenues and appropriations as follows: Revenues: Court Fines (Acct 3610) Appropriations: Legal Counsel (Dept No. 18) $16,500 $12,500 12,500 1 a Uate ATTEST: Clerk Mayor 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. (IRSDESC4) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY OF BROOKLYN CENTER Council Meeting Cate /?//57,-5 Agenda Item Numoer 7r REQUEST FOR COUNCIL CONSIDERATION RESOLUTION AUTHORIZING THE FINANCE DIRECTOR. TO ISSUE A MASTER NOTE FOR THE TRANSFER OF FUNDS FROM THE INVESTMENT TRUST FUND TO THE ECONOMIC DEVELOPMENT AUTHORITY *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: C a.,- t 1r4 u we�.ti, F .a— 'tv 1). Z t e rry Signature - title ************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: ,yl;�Qoti •''.ra U No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) In the past, the City has issued Temporary Improvement Master Notes, and sold them to its Investment Trust Fund, to temporarily finance Special Assessment improvements which are later permanently financed by the sale of long -term improvement bonds. The need now exists to use this same financing vehicle to provide construction financing for the Earle Brown Farm Restoration Project. Work was begun using other financing sources which have now been exhausted. It is recommended that an interest rate of 8% be charged on this Master Note as that is approximately what the City is earning on its investments, and reasonable in relation to what it would cost the E.D.A. to sell bonds. (IMASTER) Member its adoption: introduced the following resolution and moved RESOLUTION NO. RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ISSUE A MASTER NOTE FOR TRANSFER OF FUNDS FROM THE INVESTMENT TRUST FUND TO THE ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, in the past, the City has issued Temporary Improvement Master Notes when a project is approved to serve as authorization for project borrowing during the entire construction period; and WHEREAS, the Earle Brown Farm Restoration Project was begun in 1985 and financed by the sale of bonds, C.D.B.G. grants, tax increments and other revenues as available, which have been sufficient to cover construction costs until November 1989; and WHEREAS, there is now a need for interim financing of the Earle Brown Farm Restoration Project until the project completed and permanent financing can be arrainged through the sale of bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Economic Development Authority is authorized to issue a Temporary Improvement Master Note to finance the construction of the Earle Brown Farm Restoration Project. 2. The City of Brooklyn Center Investment Trust Fund is authorized to purchase this note. 3. The annual rate of interest to be charged on this note be set at 8 %. ATTEST: Date Mayor 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. P • CITY OF BROOKLYN CENTER Council Meeting Date ///5 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION (IRSDESC1) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION TO TRANSFER FUNDS FROM THE BUILDING AND IMPROVEMENT. BONDS OF 1969 DEBT SERVICE FUND TO THE CAPITAL PROJECTS FUND ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I * * ,� MANAGER'S REVIEW/RECOMMENDATION: / • No comments to supplement this report Comments below /attached * * * * * * * * * * * * * * * * * ** *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The final debt service payment for the Building and Improvement Bonds of 1969 will be made during December 1989 in order to meet a January 1, 1990 due date. Once the bonds have been paid, there is no longer any reason to maintain a separate debt service fund. Accordingly, we recommend that this fund be closed and the remaining assets be transfered to the Capitol Projects Fund. Revenues during 1989 from investment earnings and tax collections can't be determined until year end, but will exceed the year's debt service cost. The final - amount available for transfer will be the December 31, 1988 fund balance of $512 -,760 plus this year's net of revenues over expenditures. Assets transfered will include cash and some delinquent taxes receivable. • (IGODEBT) Member moved its adoption: ATTEST: RESOLUTION NO. introduced the following resolution and RESOLUTION TO TRANSFER FUNDS FROM THE BUILDING AND IMPROVEMENT BONDS OF 1969 DEBT SERVICE FUND TO THE CAPITAL PROJECTS FUND WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistant with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, the Building and Improvement Bonds of 1969 Debt Service Fund was established to receive ad valorem taxes and interest earnings and to make debt service payments on the bonds sold; and WHEREAS, there now exists accumulated cash surpluses and delinquent taxes receivable which are primarily a result of interest earned on investments; and WHEREAS, the Fund Balance in this fund as of December 31, 1988 was $512,760; and WHEREAS, all obligations of the Building and Improvement Bonds of 1969 Debt Service Fund will be satisfied and all bonds paid by December 31, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $512,760 from the Building and Improvement Bonds of 1969 Debt Service Fund to the Capital Projects Fund; and BE IT FURTHER RESOLVED to transfer the excess of 1989 revenues over expenditures of the Building and Improvement Bonds of 1969 Debt Service Fund to the Capital Projects Fund when they have been determined at year end; and BE IT FURTHER RESOLVED to close the Building and Improvement - Bonds of 1969 Debt Service Fund. Date Mayor 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 /v%c /ry Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION (IRSDESC2) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION TO TRANSFER FUNDS FROM THE IMPROVEMENT BONDS OF 1970 DEBT SERVICE FUND TO THE CAPITAL PROJECTS FUND DEPT. APPROVAL: tt' ) w►t.,,d Q-aa/� Fj",0_, ,t c O,tit.,c t•L., Signature - title i■ilANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The final debt service payment for the Improvement Bonds of 1970 will be made during December 1989 in order to meet a January 1, 1990 due date. Once the bonds have been paid, there is no longer any reason to maintain a separate debt service fund. Accordingly, we recommend that this fund be closed and the remaining assets be transfered to the Capitol Projects Fund. Revenues during 1989 from investment earnings and special assessment collections can't be determined until year end, but will exceed the year's debt service cost. The final amount available for transfer will be the December 31, 1988 fund balance of $684,904 plus this year's net of revenues over expenditures. Assets transfered will include cash and some delinquent taxes receivable. 7r (ISADEBT) Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION TO TRANSFER FUNDS FROM THE IMPROVEMENT BONDS OF 1970 DEBT SERVICE FUND TO THE CAPITAL PROJECTS FUND WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistant with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, the Improvement Bonds of 1970 Debt Service Fund was established to receive special assessment income and to make debt service payments on bonds sold to finance improvements related to said assessments; and WHEREAS, there now exists accumulated cash surpluses and residual special assessment receivables which are primarily a result of the interest earned on the investment of special assessment pre - payments and annual assessment levies; and WHEREAS, the Fund Balance in this fund as of December 31, 1988 was $684,904; and WHEREAS, all obligations of the Improvement Bonds of 1970 Debt Service Fund will be satisfied and all bonds paid by December 31, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $684,904 from the Improve- ment Bonds of 1970 Debt Service Fund to the Capital Projects Fund; and BE IT FURTHER RESOLVED to transfer the excess of 1989 revenues . over expenditures of the Improvement Bonds of 1970 Debt Service Fund to the Capital Projects Fund when they have been determined at year end; and BE IT FURTHER RESOLVED to close the Improvement Bonds of 1970_ Debt Service Fund. ATTEST: Date Mayor 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 Cate / / /3 • J r Agenda Item Numoer ! .j REQUEST FOR COUNCIL CONSIDERATION (IRSDESC3) ITEM DESCRIPTION: RESOLUTION APPROPRIATING THE PROCEEDS OF THE CITY'S SHARE OF THE CABLE TELEVISION SETTLEMENT TO THE CAPITAL PROJECTS FUND • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * *�� * d - * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The city has received a settlement of the franchise fee from the Northwest Suburbs Cable Communications Commission in the amount of $234,238.49. The Commission recommended that this money be used to improve cable TV facilities within the city. A need for such improvements has been recognized by both the City Council and staff for some time. The most prominent of these needs are the audio and lighting facilities in the City Council Chambers. To accomplish this end, it is proposed to deposit the settlement in the Capital Projects Fund and immediately appropriate it to a project for cable TV improvements. It will be necessary for staff to return to the Council later with a detailed plan for improvements and costs when that has been determined. (ICABLETV) Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROPRIATING THE PROCEEDS OF THE CITY'S SHARE OF THE CABLE TELEVISION SETTLEMENT TO THE CAPITAL PROJECTS FUND WHEREAS, The City Council established the Capital Projects Fund in 1968 by the adoption of Resolution No. 68 -246 to provide funds, and account for the expenditure of such funds, for the major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities) and or to reduce debt incurred for capital outlays; and WHEREAS, the Council did resolve that the sources of revenue for the fund would consist of ad valorem taxation, transfers by the City Council of surpluses of other City funds, issuance of bonds, interest earnings of the fund, and from other sources of revenue which, from time to time, the City Council deems to be available for transfer to the fund; and WHEREAS, the City of Brooklyn Center has received a settlement of the franchise fee from the Northwest Suburbs Cable Communications Commission in the amount of $234,238.49. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to appropriate the proceeds of the Cable Television Settlement, in the amount of $234,238.49, to the Capital Projects Fund Project No. 58 for cable television improvements to the City Hall. ATTEST: Date Mayor - 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 12/18/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: 1990 -91 PROPOSED CONTRACT SETTLEMENT WITH POLICE LELS LOCAL #82 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ************************************************ ****************************** * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Attached is a copy of a proposed contract between the City of Brooklyn Center and Police LELS Local #82 for the year 1990 and 1991. The terms and conditions set forth in this agreement have been voted on an agreed to by Local #82. In the 1990 section of this contract, it calls for a wage increase of 4.1 %, an additional $25 per month per employee employer contribution to health and insurance benefits, an increase in the specialist differential pay (investigators and dog handler) to $135 per month, language allowing four days (32 hours) per calendar year for care of the employee's children or spouse under the sick leave section of the contract, the addition of Martin Luther King holiday (currently 11 paid holidays now 12), and language including the specialist differential pay in figuring overtime rates. In 1991 this agreement calls for a 4.1% salary increase, an increase in the specialist differential payment to $145 per month, and a clause which allows the employer insurance contribution _to remain open for negotiation in 1991. RECOMMENDATION: We recommend Council pass a motion authorizing the mayor and manager to execute this agreement on behalf of the City of Brooklyn Center. This agreement represents a good faith bargaining effort by the representatives of both parties to the contract and should keep salaries of our police officers in line with other metropolitan area communities. RESOLUTION NO. Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES. LOCAL NO. 82 WHEREAS, the Public Employment Labor Relations Act of 1979, as amended thereafter, requires a written contract between the employer and the exclusive representative of a recognized bargaining unit; and WHEREAS, Law Enforcement Labor Services, Local No. 82 has been designated as the exclusive representative for all police officers and sergeants in the City's police department; and WHEREAS, the membership of Local No. 82 and the Brooklyn Center City Manager have agreed upon a negotiated Master Labor Agreement between Law Enforcement Labor Services, Local No. 82 and the City of Brooklyn Center; and WHEREAS, the Master Labor Agreement shall cover the period from January 1, 1990, until December_31, 1991; and WHEREAS, the City Manager recommends employer approval of the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the 1990 Master Labor Agreement between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82. ATTEST: Date Mayor 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. • • MAS'T'ER LABOR AGREEMENT BETWEEN CITY OF BROOKLYN CEN'T'ER AND LAW ENFORCEMENT LABOR SERVICES, LOCAL. NO. 82 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1990 between the City of Brooklyn Center, hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Local No. 82, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. • ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: Sergeant Police Officer 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Local No. 82. _ 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Local No. 82. 3.3 EMPLOYEE: A bargaining unit. 3.4 DEPARTMENT: Department. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Local No. 82. 3.8 INVESTIGATOR /DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and /or job position of INVESTIGATOR /DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the SCHEDULED SHIF during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. member of the exclusively recognized The City of Brooklyn Center Police 3.13 STRIKE: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. • ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 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 work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 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 VI UNION SECURITY 6.1 The EMPLOYER shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 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. 7.2 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 as provided by 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances 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 a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that 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. 7.4 PROCEDURE Grievances, as defined by Section 7.1, 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 4 grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, 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 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 to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. 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. 7.5 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 5 7.6 WAIVER in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. 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 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. If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not 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 written agreement of the EMPLOYER and the UNION in each step. • • • • • 7.7 CHOICE OF REMEDY ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Brooklyn Center. In the event any provision of the 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 provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY If, as a result of the written EMPLOYER response in Step 3, 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 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized - -Step 4 of Article VII 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 4 or Article VII. 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this AGREEMENT. Employees promoted from classifications covered by this AGREEMENT to a position outside the bargaining unit will continue to accrue seniority under this AGREEMENT until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered - by this AGREEMENT. Employees lose seniority under this AGREEMENT under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this AGREEMENT after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job - relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until May 15 of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; _ b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspension, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and /or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 8 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE VII. ARTICLE XI CONSTITUTIONAL PROIECTION Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. ARTICLE XII WORK SCHEDULES 12.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XIII OVERTIME 13.1 Employees will be compensated at one and one -half (1 -1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 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. 9 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. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty free time between assigned shifts they will be compensated at a rate of one and one -half (1 -1/2) times the employee's regular base pay rate for the next shift. For purposes of this article, shift extensions, elected overtime, voluntary changes of shifts, City contracted work, training, and court time are considered as duty free time. 13.8 As an option to monetary compensation for overtime a uniformed patrol officer may annually elect compensatory time off at a rate of one and one -half (1 -1/2) time, and an employee qualifying for investigator differential on a long -term basis may annually elect compensatory time off at a rate of straight time plus one -half (1/2) hour monetary compensation. An employee's compensatory time bank shall not exceed forty hours at any time during a calendar year. On or about December 1 of each year the City will pay off by check the balance of compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the EMPLOYER with prior approval of the EMPLOYER - designated supervisor. ARTICLE XIV COURT TIME An employee who is required to appear in Court during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. 10 • ARTICLE XV CALL BACK TIME An employee who is called to duty during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1- 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE XVI WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII STANDBY PAY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE XVIII UNIFORMS The EMPLOYER shall provide required uniform and equipment items. ARTICLE XIX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting _period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. ARTICLE XX LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1978 the following terms and conditions are effective: 20.1 After four (4) years of continuous employment each employee shall choose to be paid three percent (3 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 11 20.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (5 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent ( %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 20.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Educational Credits Stated Percentage in Terms of College Pay Ouarter Credits Increment 45- 89 3% 90 -134 5% 135 - 179 7% 180 or more 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 -year degree is not automatically 180 credits - -or a 2 -year certificate is not automatically 90 credits.) Job - related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job- related seminars, short courses, institutes, etc. shall also be counted. 12 ARTICLE XXI WAIVER The EMPLOYER shall determine which courses are job - related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78- PN- 370 -A. 21.1 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. 21.2 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 term 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 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 of the parties at the time this contract was negotiated or executed. ARTICLE XXII DURATION This AGREEMENT shall be effective as of January 1, 1990, and shall remain in full force and effect until the thirty -first day of December, 1991 for all items except that the item of insurance shall be open for negotiations for calendar year 1991. 13 IN WITNESS THERETO, the parties have caused this AGREEMENT to be executed this day of , 1989. FOR THE CITY OF FOR LAW ENFORCEMENT LABOR BROOKLYN CENTER: SERVICES #82 1. WAGE RAPES - 1990 Police Officer After 36 months of continuous employment ... $2,990.00 per month After 24 months of continuous employment 93% of After 36 months rate After 12 months of continuous employment 86% of After 36 months rate After 6 months of continuous employment 79% of After 36 months rate Starting rate 72% of After 36 months rate Sergeant ... $310.00 above the After 36 months rate for police officer 2. a. Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred thirty -five dollars ($135.00) per month or one hundred thirty - five dollars ($135.00) prorated for less than a full month in addition to their regular wage rate: Investigator (Detective) School Liaison Officer Juvenile Officer Dog Handler Paramedic. APPENDIX A Employees classified by the EMPLOYER to the following job classification will receive fifty dollars ($50.00) per month or fifty dollars ($50.00) prorated for less than a full month in addition to their regular wage rate: Corporal. 3. a. The EMPLOYER will contribute up to a maximum of two hundred forty dollars ($240.00) per month, per employee, for calendar year 1990 for general health, life, long -term disability, including dependent coverage. A -i • • • • b. If for 1990 the unit employees vote to use twenty dollars ($20.00) of the two hundred forty dollars ($240.00) per month, per employee, of health and life insurance for dental insurance for all unit employees, then such twenty dollars ($20.00) can be used to bid out a dental insurance program, provided that the bidding process would be in compliance with State law and that this would not otherwise be precluded by State law. A -ii 1. WAGE RA'T'ES - 1991 Police Officer After 36 months of continuous employment ... $3,113.00 per month After 24 months of continuous employment 93% of After 36 months rate After 12 months of continuous employment 86% of After 36 months rate After 6 months of continuous employment 79% of After 36 months rate Starting rate 72% of After 36 months rate Sergeant ... $310.00 above the After 36 months rate for police officer 2. a. Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred forty -five dollars ($145.00) per month or one hundred forty-five dollars ($145.00) prorated for less than a full month in addition to their regular wage rate: Investigator (Detective) School Liaison Officer Juvenile Officer Dog Handler Paramedic. b. Employees classified by the EMPLOYER to the following classification will receive fifty dollars ($50.00) per month or fifty dollars ($50.00) prorated for less than a full month in addition to their regular wage rate: Corporal. APPENDIX A APPENDIX B This supplementary agreement is entered into between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82 for the period beginning January 1, 1990 and ending December 31, 1991. ARTICLE B -I DEFINITIONS ARTICLE B -II VACATIONS 1. REGULAR PAY RA1 E: The employee's hourly or monthly pay rate, including educational incentive pay and investigator differential, and excluding any other special allowance. 1. Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - per month) 10 working days per year (5/6 day 6 through 10 years of service days per month) one (1) additional day per year of service to a maximum of twenty (20) working days after fifteen (15) years of service. Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. - 15 working days per year (1 -1/4 3. Vacation 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 to use vacation _leave during his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 4. Employees with less than five (5) years of service may accrue a maximum of fifteen (15) working days of vacation leave. Employees with more than five (5) but less than fifteen (15)_ consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of twenty (20) working days of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of twenty -five (25) working days of vacation leave. B -i 5. 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 unused. ARTICLE B -III SICK LEAVE 1. Sick leave with pay shall be granted to probationary and permanent employees at the rate of one (1) working day for each calendar month of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 2. Sick leave shall be used normally for absence from duty because of personal illness 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 -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 children or 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. 3. Sick leave shall accrue at the rate of one (1) day per month until one hundred twenty (120) days have been accumulated and at the rate of one -half (1/2) day per month after one hundred twenty (120) days have been accumulated. Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers Compensation benefits shall be credited against the compensation due employee's utilizing sick leave. - In order to be eligible for sick leave with pay, an employee must: a. notify the EMPLOYER prior to the time set for the beginning of their normal scheduled shift; B -ii • • b. keep the EMPLOYER informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the EMPLOYER. 5. Employees abusing sick leave shall be subject to disciplinary action. ARTICLE B -IV SEVERANCE 1. An employee shall give the EMPLOYER two (2) weeks notice in writing before terminating his employment. 2. Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least _ five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 411 ARTICLE B -V HOLIDAY LEAVE 1. Holiday leave shall be granted for the following holidays: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day and two floating holidays 2. Employees shall receive compensatory time off for each of the earned and accrued holidays. Such time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the EMPLOYER. An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day or Presidents' Day shall receive time and one -half (1 -1/2) his regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. B -iii 4. Except as provided in B -V paragraph 3 above, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. ARTICLE B -VI LEAVES OF ABSENCE 1. In cases of demonstrated need and where sick leave has not been abused, the EMPLOYER shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence the EMPLOYER will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 2. An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and his compensation for regularly scheduled working hours lost because of jury service. 3. Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the EMPLOYER equal to the difference between his regular pay rate and his lesser military pay. Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the Minnesota Statutes. ARTICLE B -VII AGREEMENT IMPLEMENTATION 1. The EMPLOYER shall implement the terms of this AGREEMENT in the form of a resolution. If the implementation of the terms of this AGREEMENT require the adoption of a law, ordinance or charter amendment, the EMPLOYER shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution or charter amendment. B -iv ARTICLE B -VIII FALSE ARREST INSURANCE • 1. The EMPLOYER will provide each employee and pay 100% of the premium due thereon, with false arrest insurance. ARTICLE B -IX SENIORITY 1. The EMPLOYER shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 2. No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. There shall be an initial probationary period for new employees of twelve (12) months. 4. The EMPLOYER shall give the UNION and the employees at least two (2) weeks written notice in advance of any layoff. 5. Shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. 6. The EMPLOYER shall recognize reverse seniority as the primary factor when calling off duty patrol officers back to duty and as practicable, when considering scheduled duty changes. CITY OF BROOKLYN CENTER Council Meeting Date jaV/27/5 Agenda Item Number 7 u REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT TO CREATE THE POLICE DEPARTMENT DRUG TASK FORCE *************************************** ************************************************* DEPT. APPROVAL: Signature - ifle James Lindsay, Chief of Police * * * * * * * * * ** * * ** * * * * * * * * * * * * * * * * * * * * * * * ** * * '* * * ** * * * * * * * ** MANAGE 'S R EW /RECOMMENDATION: No comments to supplement this report Comments below /attached fa *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUMMARY EXPLANATION: (supplemental sheets attached yes ) Approved in the 1990 budget is the four - community police department drug task force to investigate major drug cases. The task force consists of Brooklyn Center, Brooklyn Park, Maple Grove and Coon Rapids. The program commits one Brooklyn Center officer for a period of three years. Investigator Mike Kaulfuss will be the initial Brooklyn Center officer assigned to the program. Attached please find a copy of the joint powers agreement authorizing this activity between the four communities. The City Attorney, Charlie LeFevere, has reviewed this agreement. RECOMMENDATION: The resolution be passed authorizing the Mayor and City Manager to sign the joint powers agreement. - • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT TO FORM THE POLICE DEPARTMENT DRUG TASK FORCE WHEREAS, the City of Brooklyn Center is desirous of entering into a joint powers agreement between the cities of Brooklyn Center, Brooklyn Park, Coon Rapids, and Maple Grove to form a Drug Task Force; and WHEREAS, a proposed joint powers agreement for this purpose has been submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute a joint powers agreement to form the Police Department Drug Task Force. ATTEST: Date Mayor 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. The joint enforcement project shall known as the Hennepin -Anoka JOIN AND COOPERATIVE AGREEMENT' FOR 1 E FORMATION AND AE 1 STRATTON OF ThEE I II -ANOKA SUBURBAN ERUG TASK FORCE I. EAR TIE The parties of this agreement are political subdivisions of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. I1 _ GENERAL ruRr a : The parties hereto find that drug abuse, and related criminal activities, have increase significantly within their communities in recent - years. The completion and opening of the Highway 610 bridge over the Mississippi River has provided a corridor for drug trafficking between the parties. The nature of drug law enforcement does not lend itself to jurisdictional boundaries, and the individual parties hereto suffer from resource shortages which make effective, organized enforcement difficult on a jurisdiction by jurisdiction basis. The general purpose of this agreement is to provide coordination and joint enforcement of drug laws within the parties particularly in the areas of street -level controlled substance enforcement although clandestine laboratories, forfeiture and financial investigations, and conspiracies will be dealt with as the needs arise. Suburban Drug Task Force. Ia NAME -1- The parties to this agreement shall be the cities of Brooklyn Center, Brooklyn Park, Coon Rapids and Maple Grove. All parties shall execute a copy of this agreement and conform to all provisions herein. V. ADMINISTRATION A task force advisory board consisting of the Chief of Police or his or her designee from each party, a coordinator chosen by the parties, and a prosecuting attorney shall have the overall responsibility for administration of the project. The City of Brooklyn Park will provide the day to day administration through a line supervisor assigned full time to the task force. The task force advisory board shall hold meetings as determined to be necessary by the members of the board. VI. OPERATION Section 1. The task force shall consist of eight sworn, full time police officers as follows: Brooklyn Park Coon Rapids Brooklyn Center Maple Grove IV. SLIP Each task force member will physically work out of his or her police department. When the task force is operating in any party's jurisdiction, that party task force officer will be in charge of the investigation. If a supervisory decision is required, either the task force coordinator or a parties supervisor =Ape consulted. Section 2. Clerical. Each agency will provide clerical assistance. Section 3. Equipment. Equipment purchased for each task force member, such as cellular telephones and radios, will be standard issue. -2- Three Officers Three Officers One Officer One Officer • Leased items such as vehicles will be leased for the grant period. Purchased items will be distributed to each party according to the number of assigned officers. Parties are expected to also utilize their own equipment such as body transmitters and surveillance vans on an "as needed" basis. Section 4. Facilities. Each task force member will work out of his or her respective department. The task force will meet on a minimum of once per week to coordinate the weeks activities. More frequent contact will be expected as needed during an investigation. Section 5. Purchase of Evidence /Information. The task force coordinator will maintain a master accounting of all buy monies. Each individual officer will fill out a disbursement form for any evidence /informant expenditure. This form will be forwarded to the task force supervisor who will maintain a master expenditure log for all task force members. In addition, each officer will maintain an individual expenditure log which will show a running balance of the money signed out to them. The task force coordinator will audit the financial" records monthly and submit a full report on a quarterly basis. Any evidence will be maintained in the department property room of the officer assigned to the case. Section 6. Supplies._ Office supplies will be supplied by each officer's agency. Operating supplies such as vehicle fuel and maintenance -3- will also be the responsibility of each officer's agency. Any supplies not itemized in the annual budget will be provided by the officer's agency. • • officers officers Officers Section 7. Sworn Personnel. Each department is providing sworn as outline herein. Wages and benefits for the task force shall be absorbed by each party during the grant period. pre -task force assignments will be filled by personnel who were not assigned to drug enforcement prior to the task force. Section 8. Training. 'Tuition, travel and lodging expenses for the training of task force officers shall be paid by the officer's employing agency. Section 9. Vehicles. The task force shall lease a vehicle for each party. Parties may be required to provide vehicles for task force officers when the leased vehicle is not available. Upon termination of this agreement the lease vehicles will either be returned to the leasing agency or absorb by the parties. force is to detect, investigate, traffickers within geographic area of covert undercover operations operatives may be- detect or become will continue to recommendation of chief of police of Section 2. VII. TASKS Section 1. The primary function and responsibility of the task the particular party involved. gather evidence, and apprehend drug of the parties. Because of the nature - it is anticipated that undercover aware of other crimes. The task force pursue those avenues of investigation only upon the the task force coordinator and by permission of the It is the mission priority of this unit to investigate drug wholesalers (those individuals that bring drugs into the task force area), street level drug distributors, those persons involved in the clandestine laboratory manufacturer of elicit drugs, and individuals who • attempt to acquire pharmaceutical drugs by fraud and /or deceit as defined by Minnesota Statute Section 152.09. Section 3. A function of the task force will be to gather and to disseminate controlled substance intelligence information. The task force with the assistance of the clerical staff will maintain an ongoing intelligence filing system. It is anticipated that parties to this agreement will provide information to the task force concerning drug trafficking in their area. The task force will attempt to investigate those leads, maintain on file that information, and on request disseminate that information to the parties hereto. Section 4. With permission of the task force coordinator the task force will provide training to member parties requesting that service. Requests for community education and drug awareness will be provided only upon permission of the task force coordinator and the police department of that particular party. Section 5. Public announcements concerning the function of the task force will be made only by permission of the advisory board in conjunction with the parties to this agreement and by approval of the chief of police of the party in which that release is to be made. Section 6. Public announcements concerning arrests or investigations conducted by the task force will be made by the chief of -5- police of that party or his or her designee upon the approval of the task force coordinator. News releases concerning the task force's function, investigations, and/or arrests will not be made by any task force officer unless specifically requested by the chief of police with permission of the task force coordinator or the advisory board. VII FINANCIAL MATI Section 1. The fiscal year of the task force shall be the calendar year. Section 2. The Finance Department of the City of Brooklyn Park will be responsible for the administration of all funds coming under the direct supervision of the task force whether Federal grant funds or contributions from the parties. Section 3. Task force advisory board shall annually prepare a budget for the following year which shall be submitted to the parties on or before the first day of August, 1990 and 1991. Section 4. Funding shall be in the form of a matching grant from the Federal government. The contributions of the parties shall be 25% in the first year, 50% in the second year and 100% in the third year. An individual party's contributions shall be proportioned to the n miber of officers committed to the task force as follows: Brooklyn Park Coon Rapids Brooklyn Center Maple Grove Contributions shall not exceed the following: Party Brooklyn Park Coon Rapids Brooklyn Center Maple Grove -6- 37.50 37.5% 12.5% 12.5% 1990 1991 1992 $10,000 $18,000 $36,500 $10,000 $18,000 $36,500 $ 3,300 $ 6,000 $12,200 $ 3,300 $ 6,000 $12,200 IX. DEPUTATION Officers assigned to the task force, while performing their assigned duties as task force officers in a member city other than their own jurisdiction, shall have the same powers, duties, privileges and • immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the task force of by the member city in which the duty or duties are being performed. Any worker's compensation claim or work related injury that may occur as a result of working with the task force shall be the sole responsibility of the officer's home jurisdiction. Any civil or criminal litigation that may be taken against any officer as a result of working with the task force will be the sole responsibility of the officer's home jurisdiction. Further, the authority granted hereunder extends only so far as may be necessary to coliplete the duties assigned to the officers, and terminates at the expiration of this agreement and any extension thereof. X. DURATION The task force shall commence operations on January 1, 1990 and shall continue for a period of three years. Dated: Dated: -7- CITY OF BROOKLYN CENTER By: By: CITY OF BROOKLYN PARK By: By: • • Dated: CITY OF COON RAPIDS By: BY: Dated: -8- Robert B. Lewis, Mayor Gary W. Jackson, City Manager CITY OF MAPLE GROVE By: BY: CITY OF BROOKLYN CENTER Council Meeting Date 12 -18 -89 Agenda Item Number 7 V REQUEST FOR COUNCIL CONSIDERATION **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEMRD Ua l o P n -r d egarding the Rental Dwelling License for 6525, 6527, 6529 North Willow Lane DEPARTMENT AP OVAL: .�.....,. G. c,�J Signature title Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) Since October 10, 1989, the City Council has been considering the possibility of revoking Mr. Irwin Ketroser's rental dwelling license to operate the rental dwellings at 6525, 6527, 6529 North Willow Lane due to the number of continuing Housing Maintenance and Occupancy Ordinance violations. This matter was considered on October 10 with the owner given an opportunity to make his case as to why the license should not be revoked. The Council also listened to a number of neighboring residents comment on the lack of maintenance, particularly on the exterior and other problems associated with the operation of the complex. Also, the Council reviewed various staff reports listing the history of maintenance problems as well as the existing problems and recommending the license be revoked. At the October 10, 1989 meeting the City Council directed the staff to prepare a resolution denying the license for this complex and also to prepare some cost estimates as to what it would cost to make the necessary repairs in order for the complex to be in compliance with the ordinance. These matters were to be presented to the City Council at their November 13, 1989 meeting. These matters were prepared and presented to the City Council on November 13. Mr. Ketroser also appeared at that meeting asking the Council to reconsider the license revocation, noting that he had corrected some of the violations and had retained an experienced individual by the name of Bill Allen to manage the property for him. Ketroser also noted that all of the deficiencies would be corrected if he could be given additional time and that he was willing to post a financial guarantee to assure the completion of the necessary work in a timely manner. The City Council continued the consideration of the revocation of the license until December 18, 1989 and directed the staff and Mr. Ketroser to work out an agreement and a cash guarantee based on various bids received to do the necessary work. The Housing Inspector and I met with Mr. Allen on November 27, 1989 to discuss what work needed to be accomplished and presented him with a copy of a memo from the Housing Inspector dated November 27 listing the areas in need of correction (copy attached). All of the interior type work listed on that memo has been corrected and the areas still needing to be addressed fall into four categories, all relating to exterior improvements which cannot be totally accomplished until the spring of next year. These items include the following: 1. Repair of the stucco on the exterior of the apartment buildings and the garage. The easterly side of the building in particular is in need of such repair including the patching of cracks, the replacement of deteriorated stucco and a washing, whitewashing or painting of the exterior. Portions of the north and south walls of the building also need such attention. We do not believe, and have not requested, that the entire building be restuccoed and repainted. The garage also, is in need of repair and painting. Attached is a copy of a proposal from S and B Maintenance to make the necessary exterior building repairs and painting with an estimated cost of $3,125.00. 2. We also requested Mr. Allen to submit a landscape plan to address areas lacking in landscaping or which have been worn away due to lack of maintenance or overuse of the property. Attached is a copy of a landscape plan and a proposal in the amount of $1,200.00 by Sharp Maintenance to do some landscaping on the site. The landscape proposal includes adding shrubs and wood chips in a landscape planting area at the southeast portion of the property; to add a split rail fence and wood chips in an area of evergreen trees at the southeast corner of the building; to remove inoperable gas lamp posts and some dead and dying shrubs located along the easterly boulevard and entrance walk areas; to add two new trees in the easterly boulevard and entrance walk area and to address the need for weed removal and fertilizer in the remainder of the yard areas. 3. A need to aerate and overseed most of the lawn on the property in order for a viable ground cover to be established and maintained. Attached is a proposal from Commercial Lawn Service, Inc. for aeration and overseeding of the property and for four fertilizer and weed killer applications. The total estimate is $690.00 for the 1990 season. 4. Finally, there is a need to repair and replace rotted or deteriorating wood on landings in the exterior stairways to the rear of the building. No cost estimate has been provided, however, Mr. Allen intends to undertake this project himself. An agreement has been drafted (copy attached) addressing these four categories of improvements and requiring that these matters be addressed by June 30, 1990. The agreement also calls for a financial guarantee in the amount of $6,000.00 to be posted with the City to assure that these matters are complied with by the June 30 date. The $6,000 financial guarantee is based on the estimates submitted by Mr. Allen (which amount to a little over $5,000) plus approximately $1,000 additional to comprehend completing the rear stairway work and the removal of the gas lamp posts which are going to be done by Mr. Allen's crew. The resolution presented for the City Council's consideration lists the history of this consideration, noting that the City Council is prepared to revoke the rental dwelling license for the complex, but will allow the license to continue through the normal licensing period (the license will expire on July 31, 1990) provided Mr. Ketroser execute the agreement and post the appropriate financial guarantee. It is recommended that the City Council adopt this resolution and direct the Mayor and the City Manager to execute the performance agreement on behalf of the City. MEMORANDUM TO: File FROM: David Fisher, Housing Inspector DATE: November 27, 1989 SUBJECT: Irwin Ketroser's Property at 6525, 6527, 6529 Willow Lane All Buildings 1. Repair roof on apartment building. (12 -708) 2. Finish laying carpet in common areas. (12 -704) 3. Keep all common areas clean and maintained. (12 -302) 4. Repair doors so they open and close properly. (12 -703) 5. Repair screens as needed. (12 -703) 6. Replace missing cover on light all fixtures on east and west side of building. (12 -504) 7. Replace burned out light bulbs. (12 -501) 8. Replace all landings that are deteriorating, rotted and that don't have treated material. (12 -406, 12 -702) 9. Add weather stripping to all exterior doors. (12 -703) Exterior 1. Repair stucco on exterior of apartment building and garage by repairing the cement and painting. (12 -702) 2. Remove stumps beside apartment building and garage. (12 -317) 3. Bring grounds up to par and maintain them. (12 -317) 4. Remove dead trees as needed. (12 -317) 5. Remove snow from parking area. (12 -314) 6. Remove crushed rock dumped on adjacent property (north side of property).(12 -306) 7. Remove brush on north side of property. (12 -306) 8. Keep garbage picked up around dumpster. (12 -305) 9. Add second dumpster to prevent overflow. (12 -305, 12 -306) 10. Paintdumpster enclosure. (12 -702) • • FROM Proposal Submitted To Work To Be Performed At Name --/-AA-L' //j / \L / i�O.S[= Street 3� 3 6;44-A nom' • City Sr • /lc 4-'/„.S. / ' '/z_ State /il //✓ /v Telephone Number Proposal -;4 L/C C /f ) C/9 Ai L> We her y propose to furnish all the materials and perform all the labor necessary for the completion of fL A Miss 11 ,S !-t ^� ,> K /1/e exylc. / !v tiJ ta u'7 ` X r X 6/0 �A/r.:lE -C= C r , j r All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ 3 7 with payments to be made as follows: r (/ Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by C o/ -_'a47'?) Respectfully submitted Per Street 6s:-.2 " ?el Gu / &L &vJ L'i9/v City ALc e).4' /7/U State 4///11/\--i Date of Plant Architect Note — This proposal may be withdrawn by us if not accepted within days ", Proposal No. Sheet No. Date // j ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date ... Signature TOPS FORM 3450 C) LITHO IN U. 5. A. 1 • • (2":' tF 7`y 11 - 77 'V-. .2V7 'Y c _ ( C 7 i 'Y7 2 )7 / ()I 2 6I6 )).-4 7 ,1 • • SHARP MAINTENANCE Snow Removal, Lawn Care, Cleaning 8008 Quail Ave. N. Minneapolis, MN 55443 Landscaping bid for: 6525 Willow Lane Brooklyn Center, Mn. Tree - Two in front of building Wood chips - Along rail fence, Southside of building, And south end of property Shrubs - Six on south end of property Cost of Materials and Labor Total - $1,200.00 Telephone (612) 566 -0954 December 7, 1989 name 01 4 : C _ / )6; L it: u ) L✓ ., . �--7 address ' re L. ( r city(' zip Grass .-variety /Bluegrass Bentgrass ine fescue Ryegrass oysia 4 omegrass 1./' Tall fescue Problem grasses V Quackgrass v /Bentgrass �/Bromegrass Tall fescue Nutsedge Ryegrass C(itrollable: V Crabgrass !/ Foxtail Goosegrass Barnyard Poa annua Turf thickness se verage Thin home phone ro Thatch t/ Under Over 1" Core aerofy Power rake Dethatch Broadleaf weeds • Dandelion Clover V Curly dock Yellow rocket _18lack medic �J alis L purge Knotweed Cinquefoil Chickweed �f / ntain lantain Thistle Shepherd's purse MORE DIFFICULT work Ground ivy Violets Soil type Sandy Sandy loam /Clay Watering Mowing Best mowing height '/� _l Inches Always mow high during hot months Color Good Too much Needs water Good Too high Too short Dull blade ark green Green Pale • Commercial Lawn Service Inc. 1609 -49th Avenue North -Minneapolis, MN 55430 Telephone / (612) 522 -0851 Total.Grounds Maintenance Core Aeration • Dethatching • Mowing • Landscaping Diseases present: Brown pa h Dollar s.ot Fairy r ng Fusari m LAWN SERVICE PROPOSAL Special instructions: «, 1cc-. 0 l C. 45 o ao • Leaf pot Powd y mildew� -� Pyt um Red thread Ru.t S. ime mold now mold Stripe smut `v `r��S ;AJ }v l r�, _ t i r4 ( - L r L•e /fit c ,6 it) 64— G c� Yellow Patch Moss V--� �� Lx+ Lst ti'C� � ti L ►ti t �� \. `i rev t Lawn measurement and price quote: Our price is based on the size of your lawn After care- ful measurement, we found the size to be /(t�. square feet. The cost per treatment is $ 7 :7 4 .2 , 7 - 4.---4-2L_. , making your anrlual lawn care cost $ There are treatments remaining this year. Should you have arm- ga.s,t-ions, or would like to start the pro- gram, c 522 -0851. FROM COMME .4L,LAWN fRVICE, INC. Lawn inspection made r by e ;k , to -{- Date A/S'e; 40 • PERFORMANCE AGREEMENT This agreement is entered into on this day of , 1989, by Mr. Ketroser, owner of the property at 6525, 6527, 6529 North Willow Lane in the City of Brooklyn Center, Minnesota, hereinafter called the owner and the City of Brooklyn Center, a municipal corporation, under the laws of the State of Minnesota, hereinafter the City. Whereas, the City, following proper notice and procedure, is prepared to revoke the owner's rental dwelling license required for the property at 6525, 6527, 6529 North Willow Lane because that complex is not in total compliance with the City's Housing Maintenance and Occupancy Ordinance; and Whereas, the owner, in order to persuade the City to continue the rental dwelling license through the normal license period, is prepared to enter into a performance agreement to make the necessary corrections to the property in a timely manner and to furnish the City with a cash escrow to assure the timely completion of said corrections. NOW, THEREFORE, in consideration of the continuation of the rental dwelling license by the City, the owner, his successors and assigns, does covenant and agree to undertake and accomplish the following: 1. Repair the exterior of said apartment buildings and garage caulking and /or cementing missing stucco and cracks and painting said buildings and garage as necessary. 2. Implement the landscape plan submitted to the Director of Inspection which includes, as a minimum, the following: a. Add shrubs and landscape wood chips to the planting southeast corner of the site. by patching, washing and Planning and area at the b. Erect a split rail fence and place landscape wood chips at the southeast corner of the building in an area of existing evergreen trees in order to restore that area where landscaping has been worn away. c. Remove inoperable gas lampposts and dead (or dying) shrubs located along the easterly boulevard and entrance walk areas. a. Add two new shade trees at least 2 1/2" to 3" in diameter in the easterly boulevard and entrance walk areas. 3. Execute a lawn service agreement with a lawn service company and begin implementation of a program which will include at a minimum the following: a. Lawn aeration and overseeding of the entire lawn area except for the north and west sides, to be accomplished in April 1990. b. A minimum of four treatments of fertilizer and weed killer over the entire lawn area within the year. 4. Repair and replace rotted or deteriorating wood on landings in the exterior stairways to the rear or west side of the buildings. 5. Complete the above minimum improvements by no later than June 30, 1990. • 6. Furnish the City with a financial guarantee in the form of a cash escrow in the amount of $6,000 to assure the completion of the work outlined in this agreement. 7. Said guarantee shall be kept by the City until it is satisfied that all matters agreed to in this performance agreement have been accomplished. In the event that any of the agreed upon points have not been completed by the completion date, the City may deposit the financial guarantee in its general account and proceed to complete the work, reimburse itself for the cost of completion and return the balance, if any, to the owner. 8. Allow the City access to said property to complete the work agreed upon if completion of the work is to be done by the City. IN WITNESS WHEREOF, the owner and the City have executed this agreement this day of , 1989. By Owner CITY OF BROOKLYN CENTER By By Mayor City Manager • • 41, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RENTAL DWELLING LICENSE FOR 6525, 6527, 6529 NORTH WILLOW LANE WHEREAS, the City of Brooklyn Center has adopted a Housing Maintenance and Occupancy Ordinance (Chapter 12 of the City Ordinances) setting forth minimum standards for the maintenance of all buildings used in whole, or in part, as a home or residence, or as an accessory structure thereto and the premises upon which such structures are placed; and WHEREAS, Section 12 -901 of said ordinance requires a person to obtain a license from the City of Brooklyn Center to operate a rental dwelling within the City of Brooklyn Center, said operating license to be renewed biennially following the initial licensing period; and WHEREAS, Section 12 -905 of said ordinance states: "No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota;" and WHEREAS, Mr. Irwin Ketroser, Parkdale 4, Suite 110, 5350 Gamble Drive, St. Louis Park, Minnesota, is the owner of record and operator of a rental dwelling complex containing 18 dwelling units at 6525, 6527, 6529 North Willow Lane in Brooklyn Center; and WHEREAS, Mr. Ketroser 's rental dwelling license to operate said rental dwelling expired on July 31, 1988; and WHEREAS, the City Council of the City of Brooklyn Center on October 10, 1988 gave special consideration to the renewal of the rental dwelling license for said apartment complex, reviewed the report and recommendation of the Director of Planning and Inspection regarding the maintenance of the property; noted the written assurances of Mr. Ketroser that all outstanding housing maintenance deficiencies would be corrected within a reasonable time; and WHEREAS, the City Council on October 10, 1988 approved the renewal of .the rental dwelling license for Mr. Ketroser provided the building be brought into compliance with the Housing Maintenance and Occupancy Ordinance and a report to that affect be given to the City Council within one year; and WHEREAS, said rental dwelling has been inspected pursuant to the requirements of the Housing Maintenance and Occupancy Ordinance and pursuant to the Council 's request for review within one year of their October 10, 1988 renewal; and WHEREAS, the Director of Planning and Inspection has provided the City Council with a report updating the status of the maintenance at 6525, 6527, 6529 North Willow Lane; and RESOLUTION NO. WHEREAS, the Director of Planning and Inspection pursuant to Section 23- 003 of the City Ordinances has recommended in writing to the City Council that the rental dwelling license for said complex be disapproved based on the fact that the rental dwelling and its premises do not conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota, that the complex is not being maintained consistent with the minimum standards contained in the Housing Maintenance and Occupancy Ordinance, and that the owner of the property has not lived up to his agreement to correct the problems existing in September and October of 1988; and WHEREAS, pursuant to Section 23 -004 of the City Ordinances, the Director of Planning and Inspection, in a notice sent on September 29, 1989, informed Mr. Ketroser of the following: 1. The nature of his recommendation to disapprove the rental dwelling license renewal; 2. That the City Council would consider Mr. Ketroser's rental dwelling license renewal on Monday, October 9, 1989 in the Brooklyn Center City Council Chambers at approximately 7:245 p.m.; 3. That Mr. Ketroser had the right to appear before the City Council in support of' his license application; and WHEREAS, Mr. Ketroser did appear before the City Council on October 9, 1989 in support of his rental dwelling license; and WHEREAS, the City Council of the City of Brooklyn Center considered Mr. Ketroser's comments, the comments of numerous neighbors who appeared before the City Council on October 9, 1989 to express their concern regarding the lack of maintenance at the complex, and the reports and recommendations of the Director of Planning and Inspection; and WHEREAS, at the hearing, the Council was informed that several of the deficiencies listed in the report of the Director of Planning and Inspection and the attached memorandum from Dave Fisher, Housing Inspector to the Director of Planning and Inspection dated September 28, 1989 had been remedied or improved between September 28, 1989 and October 9, 1989. Several trees had been removed or trimmed, the grass had been cut, and lights had been replaced. However, most of•the deficiencies described in the reports were not corrected as of the date of the hearing; and WHEREAS, the City Council on October 9, 1989 directed the staff to prepare a resolution denying the rental dwelling license for 6525, 6527, 6529 North Willow Lane to be presented to the City Council at their November 13, 1989 meeting; and WHEREAS, said resolution was prepared and considered by the City Council on November 13, 1989; and WHEREAS, Mr. Ketroser appeared at the November 13, 1989 City Council meeting noting that he had corrected some of the Housing Maintenance and Occupancy Ordinance violations; that he had retained an experienced individual to manage the operation and would correct all of the remaining ordinance violations within a reasonable time; and that he was willing to post a financial guarantee to assure that the remaining deficiencies would be corrected in order to persuade the City Council to continue the rental dwelling license for the complex; and t RESOLUTION NO. WHEREAS, the City Council on November 13, 1989 continued its consideration of the denial of said rental license until December 18, 1989 in order to allow Mr. Ketroser and the staff the opportunity to work out an agreement to correct the remaining ordinance violations, including a financial guarantee to assure completion of these corrections, so that the rental dwelling license for 6525, 6527, 6529 North Willow Lane might be continued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings: 1. That the ordinance provisions regarding the consideration of the rental dwelling license for Mr. Irwin Ketroser to operate a rental dwelling at 6525, 6527, and 6529 North Willow Lane have been met. 2. That Mr. Ketroser has been given the ordinance required notice and the opportunity to appear before the City Council in support of his license renewal. 3. That the City Council on October 9, 1989 reviewed the report of the Director of Planning and Inspection recommending disapproval of the license renewal, heard comments from Mr. Ketroser in support of the license renewal and received numerous complaints regarding the lack of maintenance at the complex from neighbors living in the immediate neighborhood. 1 4. That the City Council concludes that the rental dwelling at 6525, 6527, and 6529 North Willow Lane is not in compliance with the City's Housing Maintenance ana Occupancy Ordinance due to deficiencies set forth in the report of the Director of Planning and Inspection and the attachments thereto. 5. That Mr. Ketroser has violated, or failed to comply with ordinances, statutes or legal directives regarding the operation of the rental dwelling at 6525, 6527, 6529 North Willow Lane. 6. That Mr. Ketroser has failed to correct or remove ordinance violations within a reasonable period of time after notice to do so. 7. That Mr. Ketroser has shown that he is unwilling or unable to maintain a rental dwelling in accordance with the minimum standards outlined in the City's Housing Maintenance and Occupancy Ordinance. 8. That the continued operation of said rental dwelling in the manner outlined above, constitutes a substantial threat to the public peace, health, safety or welfare. 9. That Mr. Ketroser has urged the City Council to continue the rental dwelling license for said complex by agreeing to execute an agreement requiring the correction of all outstanding ordinance violations by June 30, 1990 and post a financial guarantee in the amount of $6,000.00 to assure the completion of these corrections by said date. RESOLUTION NO. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the rental dwelling license of Mr. Irwin Ketroser to operate the rental dwelling at 6525, 6527, 6529 North Willow Lane is hereby continued through the normal licensing period provided Mr. Irwin Ketroser, owner of said complex, execute an agreement to correct all remaining ordinance violations and post an appropriate financial guarantee to assure the completion of this work. ATTEST: Date Mayor 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. IK -5249 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 jh Enclosures LAW OFFICES IRWIN KETROSER PARKDALE 4, SUITE 110 5353 GAMBLE DRIVE ST. LOUIS PARK, MINNESOTA 55416 (612) 546 -1555 December 18, 1989 Attention Ronald A. Warren Director of Planning and Inspection Re: 6525 - 6527 -6529 Willow Lane Dear Mr. Warren: Enclosed are two signed copies of the performance agreement that you submitted to me. I made the change that you and I discussed adding surety bond in two places. The surety bond is being written by USF &G. The bond manager for this company is Gary Carlson. He has seen the agreement and he will write the bond to guaranty performance. It will take a few days to get the bond written and signed and I will see that it is delivered to you promptly. Gary Carlson's telephone number is 341 -6807. You may call him to confirm that he is writing the bond. Very truly yours, IR N KETRISER PERFORMANCE AGREEMENT This agreement is entered into on this day of /i'� , 1989, by Mr. Ketroser, owner of the property at 6525, 6527, 6529 North Willow Lane in the City of Brooklyn Center, Minnesota, hereinafter called the owner and the City of Brooklyn Center, a municipal corporation, under the laws of the State of Minnesota, hereinafter the City. Whereas, the City, following proper notice and procedure, is prepared to revoke the owner's rental dwelling license required for the property at 6525, 6527, 6529 North Willow Lane because that complex is not in total compliance with the City's Housing Maintenance and Occupancy Ordinance; and Whereas, the owner, in order to persuade the City to continue the rental dwelling license through the normal license period, is prepared to enter into a performance agreement to make the necessary corrections to the property in a timely manner and to furnish the City with a cash escrow / to assure the timely completion of said corrections. or surety bond NOW, THEREFORE, in consideration of the continuation of the rental dwelling license by the City, the owner, his successors and assigns, does covenant and agree to undertake and accomplish the following: 1. Repair the exterior of said apartment buildings and garage caulking and /or cementing missing stucco and cracks and painting said buildings and garage as necessary. 2. Implement the landscape plan submitted to the Director of Inspection which includes, as a minimum, the following: a. Add shrubs and landscape wood chips to the planting southeast corner of the site. by patching, washing and Planning and area at the b. Erect a split rail fence and place landscape wood chips at the southeast corner of the building in an area of existing evergreen trees in order to restore that area where landscaping has been worn away. c. Remove inoperable gas lampposts and dead (or dying) shrubs located along the easterly boulevard and entrance walk areas. d. Add two new shade trees at least 2 1/2" to 3" in diameter in the easterly boulevard and entrance walk areas. 3. Execute a lawn service agreement with a lawn service company and begin implementation of a program which will include at a minimum the following: a. Lawn aeration and overseeding of the entire lawn area except for the north and west sides, to be accomplished in April 1990. b. A minimum of four treatments of fertilizer and weed killer over the entire lawn area within the year. 4. Repair and replace rotted or deteriorating wood on landings in the exterior stairways to the rear or west side of the buildings. 5. Complete the above minimum improvements by no later than June 30, 1990. 7. Said guarantee shall be kept by the City until it is satisfied that all matters agreed to in this performance agreement have been accomplished. In the event that any of the agreed upon points have not been completed by the completion date, the City may deposit the financial guarantee in its general account and proceed to complete the work, reimburse itself for the cost of completion and return the balance, if any, to the owner. 8. Allow the City access to said property to complete the work agreed upon if completion of the work is to be done by the City. IN WhT.NESS WHEREOF, t/1-_,(20.1V-4%'; owner / and the City have executed this agreement this 4 day of �� " 1989. or surety bond 6. Furnish the City with a financial guarantee in the form of a cash escrow,'in the amount of $6,000 to assure the completion of the work outlined in this agreement. By CITY OF BROOKLYN CENTER By By Mayor City Manager • • • CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number / 1, REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FIVE (5) POLICE PATROL SEDANS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: (P) • Administrative Aide Signature - title ****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** * * * MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report * * * * * * * * * * * * * * * * * ** Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached I received one bid for the five police patrol sedans. This bid came from Superior Ford in the amount of $12,844 per unit ($64,220 total). I recommend approval of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FIVE (5) POLICE PATROL SEDANS WHEREAS, an appropriation was approved in the 1990 budget for the purchase of five (5) police patrol sedans; and ATTEST: WHEREAS, one bid was received as follows: COMPANY Superior Ford Date Mayor Clerk BID $64,220 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of five (5) police patrol sedans from Superior Ford in the amount of $64,220 is hereby approved. 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 12/18/89 Agenda Item Number / X REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: • RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) FIRE SEDAN *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. AEPROVAL: Signature - title ********** ************************ * * * * * * * * * * * * * * * * *# * * * * * * * * 3 ry r* * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached I received two bids for the fire department sedan. 1 recommend accepting the bid from Superior Ford in the amount of $12,946. Administrative Aide Comments below /attached • • • Member introduced the following resolution and moved its adoption: ATTEST: Clerk RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) FIRE SEDAN WHEREAS, an appropriation was approved in the 1990 budget for the purchase of one (1) fire sedan; and WHEREAS, two bids were received as follows: COMPANY BID Superior Ford $12,946 Iten Chevrolet 13,167 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) fire sedan from Superior Ford in the amount of $12,946 is hereby approved. Date Mayor 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. '7x • • Member introduced the following resolution and moved its adoption: WHEREAS, the City of Brooklyn Center is desirous of amending the convention and visitors bureau agreement with the North Metro Convention and Tourism Bureau for promoting the City as a tourist and convention center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. This Council has reviewed the Amendment to Convention and Visitors Bureau Agreement and finds that the execution of the amendment is in the best interest of the City of Brooklyn Center 2. The Mayor and City Manager are authorized and directed to execute the amendment on behalf of the City. ATTEST: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE CONVENTION AND VISITORS BUREAU AGREEMENT Date Mayor Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution _was declared duly passed and adopted. �y • • Dated: AMENDMENT TO CONVENTION AND VISITORS BUREAU AGREEMENT THIS AGREEMENT made between the City of Brooklyn Center, Minnesota, a municipal corporation (hereinafter referred to as the "City "), and the North Metro Convention Tourism Bureau, a nonprofit corporation (hereinafter referred to as the "Bureau "). WHEREAS, the City and the Bureau entered into an Agreement slated September 9, 1987; and WHEREAS, the City and the Bureau desire to amend said Agreement as hereinafter set forth: NOW, THEREFORE, the City and the Bureau agree to amend the "CONVENTION AND VISITORS BUREAU AGREEMENT" between the parties dated September 9, 1987, as follows: Paragraph five (5) of said Agreement is amended to read: - On the 15th day of each month, the City shall remit to the Bureau, for funding of the Bureau, ninety -five percent (95 %) of the gross proceeds from the first three (3 %) percent of any tax imposed by the City under Minnesota Statutes Section 469.190, Subd. 1, less refunds, in the preceding month during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below given. CITY OF BROOKLYN CENTER By Its Mayor By Its Manager • • • Dated: NORTH METRO CONVENTION AND TOURISM BUREAU By Its President (EEHRACR) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TAX CAPACITY RATE OF 0.0131% FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1990 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received a resolution from the Housing and and Redevelopment Authority of the City of Brooklyn Center entitled a "Resolution Establishing the Tax Levy of the Brooklyn Center Housing and Redevelopment Authority for the Year 1990 "; and WHEREAS, the City Council, pursuant to the provisions of MSA 462.545, Subdivision 6, must by resolution consent to the proposed tax levy of the Housing and Redevelopment Authority of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a special tax be levied upon all real and personal property within the City of Brooklyn Center at the tax capacity rate of 0.0131 %. BE IT FURTHER RESOLVED that the said property tax levy, to be used for the operation of the Brooklyn Center Housing and Redevelopment Authority pursuant to the provisions of MSA 462.411 through 462.711, be certified for tax levy to the - County Auditor of Hennepin County on or before December 28, 1989. ATTEST: Date Mayor 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. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Clarifying the Definition of Convenience Food Restaurants • CITY OF BROOKLYN CENTER Council Meeting Date 12-18-89 Agenda Item Number U fit/ REQUEST FOR COUNCIL CONSIDERATION DEPARTMENT APP R VAL: Signature - title 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 the City Council's December 18, 1989 agenda is an Ordinance Amending Chapter 35 of the City Ordinances Clarifying the Definition of Convenience Food Restaurants which has been reviewed and recommended by the Planning Commission at its October 26, 1989 meeting (in connection with Planning Commission Application No. 89024 submitted by Subway Sandwiches). A first reading on this ordinance amendment was held by the City Council at its November 13, 1989 meeting and this matter is offered for a second reading on this evening's agenda. The following items are attached for your information: 1. A copy of the Request for Council Consideration form from the November 13, 1989 City Council agenda. 2. A copy of the pages 1 through 3 of the Planning Commission's October 26, 1989 minutes and information sheet relating to Planning Commission Application No. 89024 and the amendment to Chapter 35 of the City Ordinances. 3. A map of the area. 4. A copy of the ordinance amendment to Chapter 35. Recommendation Approval of the ordinance amendment to Chapter 35 is recommended for a second reading. CITY OF BROOKLYN CENTER Council Meeting Date 11 -1 -89 Agenda Item Number fJQ. REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Planning Commission Application No. 89024 -Tim Johnson /Subway Sandwiches and an Ordinance Amending Chapter 35 of the City Ordinances Clarifying the Definition of Convenience Food Restaurants ******************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPARTMENT APP L.: ar a• OstotoLoraimoo' Signature - title 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. 89024 submitted by Tim Johnson /Subway Sandwiches is a request for special use permit approval to operate a convenience food restaurant in the retail building located at 1950 57th Avenue North (the Northbrook Shopping Center). This application was considered by the Planning Commission at its October 26, 1989 meeting and the Commission's consideration of this matter can be found on pages 1 through 3 of their October 26, 1989 minutes. The Planning Commission recommended approval of this application subject to four conditions which can be found on the bottom of page 2 and the top of page 3 of their minutes. Attached for the City Council's consideration are the minutes relating to this application and a copy of the Planning Commission Information Sheet for this application. As the information sheet points out, there is, because of the multiple parcels at the Northbrook Shopping Center, no abutment between a convenience food restaurant and properties zoned 81, R2 or R3. The report also goes on to recommend consideration of an ordinance amendment dealing with small, primarily carry -out, food establishments or restaurants as opposed to the more traditional type convenience food restaurant. Recommendation The recommendation of the Planning Commission is that an ordinance amendment be adopted which would make a distinction between such establishments allowing the smaller establishment to be in shopping centers or attached multiple- tenant buildings (as opposed to single - freestanding establishments) which may abut 81, R2 or R3 zoned property including abutment at a street line. Mr. Steve Fiterman, the owner of the property adjacent to the Superamerica property along 66th Avenue North, had also requested the City to give consideration to such an ordinance amendment. The Planning Commission did recommend an ordinance amending Chapter 35 of the City Ordinances clarifying the definition of convenience food restaurants. The affect of the ordinance would be that an establishment with less than 40 dining seats would no longer be considered a convenience food restaurant for purposes of the ordinance even though it met all of the other definitional criteria in the ordinance. This would then allow these establishments to be considered a permitted use in a C2 zoning district and there would be no restriction regarding their location adjacent to or across the street from 81, R2 or R3 zoned property. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION IN THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA 10- 26 -89 -1- STUDY SESSION OCTOBER 26, 1989 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:35 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren, Planner Gary Shallcross and Economic Development Coordinator Brad Hoffman. APPROVAL OF MINUTES - AUGUST 17, 1989 Commissioner McCloskey noted a change on page 5 in the third paragraph from the bottom that the word should be "fills ", rather than "fails." Motion by Commissioner Ainas seconded by Commissioner Mann to approve the minutes of the August 17, 1989 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. APPLICATION NO. 89024 (Tim Johnson /Subway Sandwiches) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate a convenience food restaurant in the retail building at 1950 57th Avenue North (part of Northbrook Shopping Center). The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89024 attached). The Secretary noted that the proposed hours of operation were from 11:00 a.m. to 2:00 a.m., rather than 2:00 p.m. as noted in the report. Chairperson Malecki asked the applicant whether he had anything to add. Mr. Tim Johnson stated that he had nothing to add to the staff report. Chairperson Malecki asked whether the Chuckwagon was still located at Northbr000k Shopping Center. The Secretary answered in the affirmative, noting that it was in the northerly building. The Planner stated that the Chuckwagon has not been considered a convenience food restaurant although there is some carry -out of food from the establishment and it does abut R3 zoned property across the street. Commissioner Bernards asked what the hours of the shopping center and Superamerica were. The Secretary stated that he was not sure of the hours of the shopping center, but that Superamerica was a 24 hour operation. He stated that the liquor store's hours were regulated by State law. Commissioner Bernards asked whether there might be a police problem because of the late hours. The Secretary stated that there would probably be somewhat of a demand for police services during the late hours. Commissioner Bernards stated that if the sandwich shop were the only establishment open that late, he could see more of a problem, but that as long as Superamerica is open across the street, there may be more people around to prevent crime problems. PUBLIC HEARING (Application No. 89024) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Ms. Beverly Holmes, of 5649 Logan Avenue North, stated that she was concerned regarding the 2:00 a.m. closing. She stated that she was concerned that it might create another hangout for young people. Ms. Holmes stated that Superamerica is already somewhat of a hangout and that this establishment may also be one. The Secretary suggested that perhaps the applicant should respond to the issue of hours of operation. Mr. Tim Johnson stated that he had three existing shops in the Metro area and that he is also concerned regarding security at those establishments. He stated that he is not sure that the security problem could be solved by cutting back hours. Chairperson Malecki asked how Mr. Johnson would deal with the problem if it became a hangout. Mr. Johnson responded that if people were hanging out at the establishment, the policy is to shut down the dining area and limit service to the carry -out business. If the problem persists, the manager may call the police. Commissioner Bernards asked how many employees would be working until 2:00 a.m. Mr. Johnson responded that there would be two employees. Commissioner McCloskey asked if there was that much business at such an establishment at 2:00 a.m. Mr. Johnson responded that he is required by the parent company to have hours at least until midnight, Sunday through Thursday, and until 2:00 a.m. on Friday and Saturday. He stated that the main reason for staying open that late is to prepare food for the following day. Chairperson Malecki asked whether the City could limit the hours of operation if it becomes a problem. The Secretary pointed out that the City has not limited the hours at Superamerica and that the City would probably have to deal with the establishment as an enforcement problem. Chairperson Malecki asked whether anyone else wished to speak regarding the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Commissioner Sander asked whether the Northbrook Shopping Center will have to replat its property. The Secretary responded that he had an agreement from the property owner stipulating that a replat would be done within the relatively near future. The Planner went on to explain that there was a Building Code problem which arose when the Bosa Donut store was demolished and the Northbrook Shopping Center store had openings put in along a property line. He explained that the resolution of that problem was a commitment to combine the properties for tax purposes and that the property owner had indicated a desire to replat. The Planner also noted that the property had been replatted during the 1970's into three parcels because the NSP power lines were located over a separate parcel. He stated that this is not usually required, but may have been demanded by NSP. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 89024 (Tim Johnson /Subway Sandwiches Motion by Commissioner Ainas seconded by Commissioner McCloskey to recommend approval of Application No. 89024, 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. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 10 -26 -89 -2- • 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Commissioner Bernards stated that he had some concerns and reservations regarding the hours. He stated that he hoped the proprietor would watch the activity at the shop and that the police would watch it as well. DISCUSSION ITEMS Ordinance Amendment Regarding Convenience Food Restaurants The Secretary noted that a draft ordinance amendment regarding the definition for convenience food restaruants was contained in the Planning Commission's agenda packet. He stated that the amendment would eliminate establishments with 40 seats or less from the convenience food establishment category. He stated that staff did not feel that these smaller, primarily carry —out establishments, were really intended to be regulated as severely as establishments such as McDonald's, Burger King, etc. The Planner also noted that the ordinance change would continue to classify as a convenience food restaurant any establishment with the characteristics of a convenience food restaurant if it is located in a separate building. He pointed to the example of Kentucky Fried Chicken, which has limited seating, but which also has a drive —up window and can generate a fair amount of traffic and whose building treatment is basically a sign. Commissioner Johnson asked how Kentucky Fried Chicken would be defined. The Secretary responded that it would be a convenience food restaurant because it has seating and because it does serve food in the manner defined in the Zoning Ordinance. Ms. Beverly Holmes commented that she would prefer not to have a Kentucky Fried Chicken establishment located next door to her. She expressed concerns regarding the hours, the litter and the lighting of such establishments. ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT REGARDING CONVENIENCE FOOD RESTAURANTS Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend adoption of an ordinance amendment relating to the definition of convenience food restaurants as drafted in the staff report. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Housing District Boundary Change The Secretary then noted that the Commission needed to comment on a proposed change in a housing district boundary as to whether it was consistent with the Comprehensive Plan. He asked Economic Development Authority Coordinator Brad Hoffman to give the Commission background on this subject. 10 -26 -89 -3- Planning Commission Information Sheet Application No. 89024 Applicant: Timothy Johnson /Subway Sandwiches Location: 1950 57th Avenue North Request: Special Use Permit The applicant requests special use permit approval to operate a convenience food restaurant in the southerly building of the Northbrook Shopping Center at 1950 57th Avenue North. The property in question is zoned C2 and is bounded on the north by a parcel within Northbrook Center which is dedicated to use by NSP for overhead lines and surface parking, on the east by Logan Avenue North and Acme Typewriter, on the south by the old Bosa Donuts parcel (now part of Northbrook and used for parking), Bill West's 76 station and 57th Avenue North, and on the west by an entrance ramp serving Highway 100. Convenience food restaurants are defined in Section 35 are allowed in the C2 zone by special use permit, but cannot abut R1, R2, or R3 zoned property, either at a property line on a street line. The single- family houses on the east side of Logan, across from the parcel in question are zoned R4 and are nonconforming uses. There are also townhouses, zoned R3, across from the northerly building of the shopping center. However, that building is located on a separate parcel. The parcel that the southerly building is located on does not abut the townhouses and, therefore, technically, this use does not abut R1, R2, or R3 zoned property, either at a property line or across a street. The applicant has submitted a preliminary tenant improvement plan for the space which is at the southwest corner of the building. The tenant space is approximately 1,330 sq. ft. The plan proposes seating for 36 people. The south building is approximately 12,500 sq. ft. in area. Under Section 35 704.2c of the Zoning Ordinance, a retail center may have up to 15% of the floor area of the building devoted to restaurant use without providing additional parking beyond what is required by the retail formula. In this case, 15% of the building is approximately 1,875 sq. ft. There is another food establishment in the building, but, because it has no seating (it is a Chinese food carry -out place), it is not classified as a restaurant. Therefore, it does not count toward the 15% allowance for restaurants. Since the proposed space of 1,330 sq. ft. is less than 15% of the south building, it requires no additional parking based on the restaurant formula. The proposed establishment is primarily a carry -out establishment, but they do expect have some eat -in patrons around lunch and dinnertime. There will be no drive -up window. The hours of operation are likely to be 11:00 a.m. until 2:00 a.m. every day of the week. The proposed establishment is classified as a convenience food restaurant because it has the following ordinance described characteristics (from Section 35 -900): "1. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by an employee, but receives it at a counter /window, or similar facility for carrying to another location on or off the premises for consumption." 10 -26 -89 -1- Application No. 89024 continued Clearly, both these characteristics apply in this case and they define a convenience food restaurant. We have not classified carry -out establishments which have no seating as convenience food restaurants (since they are not restaurants without seating) , but as the retail sale of prepared food. As far as determining whether a convenience food restaurant abuts R1, 02, or R3 zoned property, the only indicator we have ever used is the boundaries of the parcels, not the location of the building on the parcel. In this case, the Northbrook Shopping Center is composed of multiple parcels and the parcel in question happens not to abut 01, R2, or R3 property. However, it is also important to note that the Zoning Ordinance requires that developments which have a single use and a single ownership be combined into a single parcel through platting or registered land survey. That should be done in this case and the owner has indicated an intention too do so. However, if that were accomplished in this case, the proposed convenience food restaurant would either not be allowed or, if existing, would become a nonconforming use. The Commission may wish to consider an ordinance amendment which would make a distinction between an establishment such as the one proposed which has limited seating, no drive -up window, and is primarily carry -out, and the more traditional convenience food restuarant such as McDonald's and Burger King, which have more seating, more eat -in customers, and often a drive -up window. Smaller, primarily carry -out establishments could perhaps be classified as a permitted or special use without an abutment restriction. We have had contacts with Mr. Fiterman regarding a couple of possible carry -out establishments with seating in the proposed shopping center at 66th and Camden Avenues North which is across the street from R3 zoned land. We, therefore, have expected this issue to arise. If possible, we will have a draft ordinance available for discussion at Thursday's meeting. Nevertheless, the application before the Commission can be acted on without an ordinance amendment. We would recommend approval, 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. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 10 -26 -89 -2- 11111 N3 n + - 1 - 11s$no 111 LL_LI_LI.1_111 1 11111111111' N 11 -77111111 1 1 1[IiitifFI C fTV 1 1_ N . 3AV I ft 1 tri d (71 1 [ - PI J I I IF - 1ri1 1 1 1 fIl t I 1 1 1 1 1 1 1 1 tl i 1 11 1 11 11 Ft [7 I 11111 I ir K tAi 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 clarifying the definition of convenience food restaurants. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLARIFYING THE DEFINITION CF CONVENIENCE FOOD RESTAURANTS THE CITY COUNCIL OF THE CITY OF BHCCKLYN 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 -900. DEFINITIONS. The language set forth in the text of this zoning ordinance shall be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in the singular include the plural and the plural includes the singular. Convenience -Food Restaurant - An establishment with over 40 dining seats or in a separate building, whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready -to -eat state for consumption either within the premises or for carry -out with.consumption either on or off the premises, and whose design or principal method of operation includes both of the following characteristics: 1. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by an employee but receives it at a counter; window, or similar facility for carrying to another location on or off the premises for consumption. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of ATTEST: Clerk 19 CITY CF BROOKLYN CENTER Mayor Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the C1 and C1A Districts arid Recuir.ng Abatement of Sins on Abandoned Premises DEPARTMENT APP CITY OF BROOKLYN CENTER Council Meeting Date 12 -18 -89 Agenda Item Number ` .7 REQUEST FOR COUNCIL CONSIDERATION Signature - title 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 the City Council's December 18, 1989 agenda is a Sign Ordinance amendment which has been reviewed and recommended by the Planning Commission at its October 26, 1989 meeting. A first reading on this ordinance amendment was held by the City Council at its November 13, 1989 meeting, and this matter is offered for a second reading on this evening's agenda. The following items are attached for your information: 1. A copy of the Request for Council Consideration form from the November 13, 1989 City Council agenda. 2. A copy of pages 5 through 7 of' the Planning Commission's October 26, 1989 minutes relating to this Sign Ordinance amendment. 3. An October 10, 1989 memo regarding sign surveys and a copy of a survey conducted by the City Planner. 4. A copy of the Sign Ordinance amendment. Recommendation Approval of the Sign Ordinance amendment is recommended for a second reading. ,,, CITY OF BROOKLYN CENTER Council Meeting Date 11 -13 -89 Agenda Item Number //A REQUEST FOR COUNCIL CONSIDERATION 0 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: An Ordinance Amending Chapter 3 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the C1 and C1A Districts and Requiring Abatement of Signs on Abandoned Premises • DEPARTMENT APP: • £ L: Signature - title 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 the City Council's November 13, 1989 agenda is a Sign Ordinance amendment which has been reviewed and recommended by the Planning Commission at its October 26, 1989 meeting. The amendment changes the Sign Ordinance in three ways: 1. Classifies signs advertising or identifying businesses that are no longer in operation as off - premise advertising signs (or billboards) which makes such signs prohibited by the ordinance. It also provides for a procedure to notify property owners and for abatement if such signs are not removed within a specified period of time. 2. Allows larger and higher freestanding signs in the C1 and C1A zoning districts for Service /Office uses. 3. Allows public uses such as churches, synagogues, temples and other public or semi - public uses including schools entitled to a second freestanding sign to have the option of one larger and higher sign in certain cases. Attached is a copy of pages 5 through 7 of the Planning Commission's October 26, 1989 minutes relating to this Sign Ordinance amendment and also a copy of an October 10, 1989 memo relating to these subjects and various sign surveys conducted by the City Planner. The first part of this Sign Ordinance Amendment relating to the abatement of signs at abandoned building sites is related to a deficiency in our ordinance which was discovered after the Showbiz Pizza operation pulled out of its building on John Martin Drive. This portion of the amendment makes it clear that such signs are to be removed, and if they are not removed in a timely manner, a procedure for 'City abatement can be undertaken. The other two aspects of this Sign Ordinance amendment are related to research and review undertaken by the City staff after the submission of a variance request by the Brooklyn Center School District. The staff agreed to research other Sign Ordinances to see if there might be justification for an ordinance amendment allowing larger signs for public or semi - public uses such as the high school after it appeared that the variance request would not meet the Standards for a Variance contained in the Sign Ordinance (Note: As a point of information, variance requests have often been used as a vehicle for the Planning Commission and City Council to discuss ordinance amendments, even though variance standard arguments are not strong). Brooklyn Center High School currently has a 13' high, 60 sq. ft. (6' x 10') freestanding sign. The sign is nonconforming in that it is larger and higher than what the City's Sign Ordinance allows for all public and semi - public places or uses in any zoning districts. The Sign Ordinance limits such signs to 36 sq. ft. in area and 10'high. It allows a second freestanding sign if the use abuts two or more streets. The school district wanted to replace the nonconforming sign, which is in need of major repair, with an aesthetically more attractive sign, but one which is also slightly larger and higher than the existing sign. They proposed a new sign approximately 67 sq. ft. in area and 14 1/2' high. Such a sign could not be permitted under the City Ordinances. It should be noted that the current Sign Ordinance limitations for freestanding signs for public and semi- public uses are the same as for Service /Office uses in the C1 and CIA zoning districts. For this reason, we believed it was important to survey other communities regarding their Service /Office sign criteria as well as their public and semi - public sign criteria. It did not seem appropriate to perhaps allow larger signs for public and semi - public uses, which are often in or close to single - family residential areas, than would be allowed in C1 or CIA districts. The Planner's survey indicated that the Brooklyn Center Sign Ordinance limitations of 36 sq. ft. in area and 10' high for office uses in limited business districts were below the overall average of other cities surveyed. The average maximum size sign allowed was 90' in area and about 21' high. With respect to public and semi - public uses, our Sign Ordinance was in the middle range. The average maximum was 43.7 sq. ft. in area and 19.8' high. Because Brooklyn Center seemed to be clearly below the limits allowed for offices in limited business districts in other communities, it was recommended to increase the size of freestanding signs from 36 sq. ft. in area and 10' high to 72 sq. ft. in area and 20' high. There was not a strong rationale to increase the size of individual freestanding signs for the public and semi - public uses. As a means of addressing the larger high school sign, which we would agree is aesthetically not a problem, it was recommended that public and semi - public uses entitled to a second freestanding sign could, as an option, choose to have only one freestanding sign that is twice the area (72 sq. ft.) and half again as high (15') as that otherwise allowed for such uses. As mentioned, the Planning Commission discussed this report and recommendation quite extensively at its October 26, 1989 meeting and did recommend approval of the ordinance amendment. The Brooklyn Center School District has been notified of the results of the survey and the recommendation. They concur with the report and are willing to forego a second freestanding sign to take advantage of the proposed option. • The Secretary noted that the main projects left to be built in the tax increment district were the fourth phase of the Brookdale Corporate Center by Ryan Construction and the second phase of the Earle Brown Commons apartment project. Chairperson Malecki noted that the duty of the Commission was to consider whether the proposed boundary change was consistent with the Comprehensive Plan. She asked how the Commission should do this. The Secretary noted that there were places in the redevelopment plan for the Earle Brown tax increment district relating to land use. He noted that the City has amended the Comprehensive Plan to acknowledge mixed uses in the area north of Summit Drive around the Earle Brown Farm. He stated that he did not see any inconsistencies with the Comprehensive Plan as far as land use presented by the boundary change. Commissioner Ainas also stated that he could see no objection to the boundary change. Mr. Hoffman answered that staff' would bring a resolution for the Commission's consideration and action at the next Planning Commission meeting. He added that other comments regarding the boundary change could be offered in addition to land use concerns. Commissioner Mann asked whether a district must have new housing constructed in order to qualify as a tax increment district. Mr. Hoffman responded that the City can establish districts for different purposes and that housing is only one of those purposes. Chairperson Malecki asked whether the City would have had more contact with the school district by the next Planning Commission meeting. Mr. Hoffman stated that the boundary change issue would have been worked out with the school district by the first Planning Commission meeting in November. Mr. Hoffman commented briefly that the only downside for the school district from the boundary change had to do with special elections. The Secretary commented that, at the State level, there is talk that school districts would get out of the property tax business altogether. He noted that this would change the impact of the tax increment district on the school's finances. The result would be that schools would gain State aids while cities would lose it. He added that property taxes would probably remain about the same overall . The Secretary concluded that staff would bring back a resolution so that the City Council could consider the matter at their November 27 meeting. V Sign Ordinance Amendments The Secretary then referred the Commission's attention to a lengthy draft amendment to the Sign Ordinance dealing with the abatement of obsolete signs, optional freestanding signs and larger freestanding signs in the Cl and CIA districts. The Secretary explained that the City received a variance request from the Brooklyn Center School District in September for a new freestanding sign at Brooklyn Center High School. The Secretary explained that the sign that exists on the property is nonconforming and cannot be altered or enlarged. New signery must conform with the Sign Ordinance, he said. The Secretary also noted that the same size sign is allowed for public and semi - public and office uses in the Sign Ordinance. He pointed out that the City complied with the Sign Ordinance when they removed their old freestanding sign some years ago and replaced it with a new sign. The Secretary went on to explain that staff had done a survey of ordinances in other cities relating to public, semi - public and office freestanding signs. He briefly reviewed the findings of that survey and another survey of existing high school signs contained in a memo from the Planner . He noted that, although Brooklyn Center School District points to the Park Center High School sign as an example of what they 10-26-89 -5- are competing with, that sign is a nonconforming sign in Brooklyn Park. The Secretary explained that the ordinance amendment, as it relates to public and semi- public uses, would allow one freestanding sign of double the area in cases where two freestanding signs would otherwise be allowed. He reviewed briefly the provisions of the draft ordinance amendment, noting the abatement provision. He pointed to the Bosa Donut sign and the Showbiz Pizza sign as examples of obsolete signery which should be removed when an establishment closes. He stated that the other portions of the amendment provide for the possibility of a single, larger freestanding sign in place of two smaller freestanding signs. Commissioner Ainas suggested that the provisions relating to removal of obsolete signs add language relating to freestanding support structures which would also have to be removed. Commissioner McCloskey asked whether the 30 day notice indicated in the ordinance amendment would be sent out after 60 days from the closing of a business or after 90 days. The Secretary responded that it would be after 90 days and that it would give a property owner an additional 30 days to remove an obsolete sign. He stated that for the City to remove a sign is a drastic act which should only be a last resort. Commissioner McCloskey asked what the size of the Best Buy sign was at Westbrook Mall. The Secretary responded that he assumed it was about 250 sq. ft., or the maximum allowed. Commissioner McCloskey asked whether the ordinance amendment would allow a sign up to 375 sq. ft. The Secretary responded in the affirmative. Commissioner McCloskey stated that he would oppose such a provision as allowing too large a sign. The Secretary responded that the Commission did not have to address the C2, I -1 and I -2 districts if they did not want to. The Secretary explained that he felt the Commission should address the C1 and C1A zones since the allowable signery in those districts is definitely below the Metropolitan average. He pointed out that a large office building in a C1A zone is only entitled to a 36 sq. ft. freestanding sign, whereas the same building located in a C2 zone would probably be allowed a 250 sq. ft. sign. The Planner explained that the draft ordinance does present a trade -off between different sign choices. He admitted that it would allow larger single signs, but that there would be less overall signery since the number of signs would have to be reduced. He stated that he did not think most commercial establishments would choose to give up a freestanding sign in order to have a larger single sign, but that the option would be consistent with the option offered in the C1 and CiA zones and for public and semi - public uses. The Secretary stated that he did not think there was much of a concern about equal protection between the different zoning districts. Commissioner McCloskey stated that he still felt that 250 sq. ft. is an awfully big sign to begin with and that he did not want to see larger signs, even if the number of signs would be fewer. The Secretary asked the Commission whether they would like to eliminate the single, larger sign option from the C2, I -1 and I -2 districts. No one dissented from this suggestion. Commissioner Johnson asked why the ordinance was being changed for a school. He asked why a school needs so much signery. The Secretary explained that the school district mainly wanted a reader board on their sign at the high school. He stated that he agreed with Commissioner Johnson to a great extent and that staff spend a lot of time defending the ordinances that are in force. He added that the City, which also had a nonconforming sign some years ago, lived within the ordinance when a new freestanding sign was erected for the City Hall and Community Center. He added that the staff did a lot of checking with other communities and with other existing freestanding signs before considering a change which would allow a larger freestanding sign. 10 -26 -89 -6- Commissioner McCloskey asked how the high school signs would be different from signs allowed for churches, synagogues, etc. The Secretary answered that they would be the same. The Planner explained that the provision in the Sign Ordinance relating to freestanding signs for public and semi - public uses simply refers back to the signs allowed for churches, synagogues, etc. and that, therefore, it was that portion of the ordinance which was addressed in the amendment. ACTION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE SIGN ORDINANCE Motion by Commissioner Bernards seconded by Commissioner Ainas to recommend adoption of an amendment to the Sign Ordinance containing provisions relating to abatement of obsolete signs and their support structures, allowing for larger freestanding signs for the Cl and CIA districts and allowing for a larger single signs for offices, public and semi - public uses when properties are eligible for a second freestanding sign (in accordance with the changes recommended by the Commission discussion). Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. The Secretary informed the Commission that their next meeting would be November 16 and that he would try to bring back the PUD Ordinance and an ordinance relating to group homes. The Planner informed the Commission that he had discussed with a developer within the past month a possible proposal for a rezoning of the F and M Bank site on Xerxes Avenue North to C2. He stated that he had discouraged the developer from seeking such a rezoning since a similar proposal had been denied in 1977 and that the neighborhood has not changed nor has the Comprehensive Plan recommended a change. He informed the Commission that no rezoning application had been submitted as of that date and that perhaps the developer would give up the idea. The Secretary added that the proposed rezoning of the property in 1977 was unceremoniously denied and he doubted that there would be any political support for such a rezoning. In response to a comment from Commissioner Ainas, the Secretary answered that staff have received various land use proposals over the years. He noted that there have been questions about rezoning the Four Courts Apartments property also. He stated that he felt the apartment development served as an appropriate buffer between the residential neighborhood to the north and the heavily commercial area to the south. ADJOURNMENT Motion by Commissioner Bernards seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:29 p.m. 10 -26 -89 -7- Chairman MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner 6 5 SUBJECT: Sign Surveys DATE: October 10, 1989 Attached are two surveys regarding signs. The first is a survey of City ordinance requirements of a number of other suburbs pertaining to the height and size of freestanding signs for office uses (generally in limited business districts) and for public and semi - public uses. The other survey is of actual freestanding signs at a number of high schools and a few junior high schools in suburbs in Minneapolis. Photographics of these signs have been included for your review. Ordinances A) Office. The survey of ordinance requirements for office uses in limited business districts showed that Brooklyn Center's size limit of 36 sq. ft. and 10' height limit are somewhat below the average allowed. The sign limitations ranged from 32 sq. ft. and 8' height limit in Maple Grove to 250 sq. ft. in area in Crystal and a maximum height of 35' in Crystal and Hopkins. The average maximum allowed was approximately 90 sq. ft. in area and 21.3' in height. Generally, a second sign is allowed on a second street frontage. B) Public and Semi - Public Uses: The survey of ordinance requirements for public and semi - public uses in either residential or institutional zones showed that Brooklyn Center's size limit of 36 sq. ft. and 10' height limit are roughly within the middle of the range allowed in other communities though somewhat below the average. The Sign limitations ranged from no signs allowed in residential districts in Osseo to 100 sq. ft. in area allowed in Coon Rapids and no height limit in Bloomington, Minnetonka and New Hope. (The maximum height allowed in a City with an explicit restriction is a general restriction of 36' in Plymouth. The minimum was 6' high in Edina.) The average limitations for public and semi - public freestanding signs are 43.7 sq. ft. in area and 19.8' in height. Again, a second sign is generally allowed when the use is located on a corner lot. Survey of Existing Signs I also traveled to eleven (11) high schools and two (2) junior high schools to check out their freestanding signs. Aside from a 450 sq. ft. roof painted "BHS" near the Blaine High School property, the largest signs I encountered were a 9' x 12' (108 sq. ft.) sign at Park Center High School and a 6' x 18' (108 sq. ft.) sign at Cooper High School in New Hope (this latter sign was monolithic and the area of the base is included). The highest sign was the Park Center High School sign at 25'. (This sign is apparently nonconforming and predates the Brooklyn Park Sign Ordinance.) The smallest signs were 24 sq. ft. at Anoka High School, Edina Senior High School and Valley View Junior High School (also Edina). The lowest sign was 4' high at Coon Rapids High School. The Anoka High School and Blaine High School had a second freestanding sign near the main entrance to the building. Three schools (Osseo High School, St. Louis Park High School and Richfield High School) had no freestanding signs at all. The average size sign for schools that had them was approximately 50 sq. ft. (excluding the Blaine roof sign). The average height was 8.5'. • Memo Page 2 October 10, 1989 Conclusion The limitations in the Brooklyn Center Sign Ordinance relating to office uses in limited business districts are clearly below the average allowed in the nineteen (19) communities surveyed. Some adjustment to this category, up to 72 sq. ft. or even larger and a height of up to 20' may be warranted. The survey indicates that most cities restrict freestanding signs for public and semi - public uses to a smaller size and lower height than offices in limited business zones. In Br000klyn Center, these restrictions are the same. Some differential may be justified considering that most C1 parcels have frontage along major streets and are not tucked away in residential neighborhoods as many schools and churches are. As to freestanding signs for public and semi - public uses, Brooklyn Center's Sign Ordinance restrictions are certainly not unreasonable though they are somewhat below average. As we have discussed, it may be appropriate to allow institutional uses on corner lots the option of choosing a larger, single freestanding sign, rather than two smaller signs. I would say the single sign should certainly not exceed the total area allowed for the two separate signs (72 sq. ft. as opposed to 36 sq. ft.). We could also consider some modification related to amount of street frontage as we have for uses in the C2, I and I -2 zones ( a second sign allowed if there is more than 400' of frontage along two collector or arterial streets) . Such a modification might allow more or larger signs for larger institutional uses. Another consideration that a couple cities use is the type of street. The higher the classification of street, the larger sign allowed. This type of regulation has merit, but should definitely be applied to all zoning districts, not just residential. Finally, we could consider increasing the size of the basic sign allowed. While Brooklyn Center is somewhat below the average, our basic sign limitation in residential zones is in the middle range of those cities surveyed. I do not recommend much of a change in the basic sign allowed. The height of the sign allowed is definitely below the average and some modification, perhaps up to 15' in height could be considered. If I can assist you any further in resolving the question of the high school's identification sign, please let me know. CITY Blaine (784 -6700) Bloomington (887 -9636) Brooklyn Park (424 -8000) Burnsville (895 -4400) Coon Rapids (780 -6430) Crystal (536 -8421) Eden Prairie (937 -2262) Edina (927 -8861) Minnetonka (933 - 2511) Fridley (571 -3450) • • SIGN SURVEi (ORDINANCES) OFFICE FREESTANDING SIGN 140 sq. ft. /25 ht. maximum (Com.) 40 sq. ft. /2' above highest outside wall (B1- limited office) 75 sq. ft. /25' for pylon 15' above grade (B1, B2, B3) based on thoroughfare classification and PUD provisions 100 sq. ft. /30' ht. limit office district 1 sign per lot /2 on corner lot; setback 10' 50 sq.ft + 11 sq. ft. additional for each additional 1' of setback, 1' additional ht. per 1' setback over 10'. Maximum area 250 sq. ft. /maximum ht. 35' at 28' setback 50 sq. ft. on one street. 36 sq. ft. on second /8' maximum ht. in limited off. dist. 80 sq. ft. in Commercial District. 50 sq. ft. for 2nd frontage 36 sq. ft. 8' ht. 35 sq. ft. /32' ht. (81 district) Area identification sign 80 sq. ft. /25' ht. 36 sq. ft /10' ht. (R1) PUBLIC /SEMI- PUBLIC SIGN 24 sq. ft. /no ht. limit (R1) - variances 50 sq. ft. (20' high above grade) 20 sq. ft. (2 per entance) in residential districts. Larger signs as part of PUD. 32 sq. ft. on local streets /20' ht. limit. 32 sq. ft. + 1' for each additional 1' of frontage over 300' up to a max. of 100 sq.ft./ 30' ht. limt. sign proposal approved by City Council (10' minimum setback) 80 sq. ft. 8' ht. 24 sq. ft. /6' ht. 30 sq. ft. /no ht. limit Inst. sign in all districts 32 sq. ft. /no ht. limit CI Golden Valley (593 -8094) Hopkins (935 -8474) Maple Grove (420 -4000) New Hope (533 -1521) St. Louis Park (924 -2500) OFFICE FREESTANDING SIGN • 40 sq. ft. total for site /25' ht. 60 sq. ft. /35' ht. (B1) 32 sq. ft. /8' ht. typical sign packages PUBLIC /SEMI- PUBLIC SIGN 4111, 40 sq. ft. for site /25' ht. 12 sq. or 60 sq. ft. by conditional use permit 35' ht. limit 18 sq. ft. /6' ht. occ. sign 35 sq. ft. /8' ht. area identification sign 40 sq. ft. /75 sq. ft. /200 sq. ft. depending governmental agencies unregulated churches on street class and schools 15 1 sign, 2 on corner lot 20 sq. ft. /no ht. limit collector, minor arterial, principal arterial Osseo 1 sq, ft. front ft. of building freestanding signs not acknowledged in residential (424 -2624) 50 sq. ft. maximum /8' ht. district Plymouth (559 -2800) 64 sq. ft. /16' ht. /20' setback 32 sq. ft. /36' ht. (general limit) (B1) Richfield (869 -7521) 200 sq. ft. /27' ht. (clearance of 7' on Institutional uses 50 sq. ft. /25' ht. property 8' over sidewalk) Robbinsdale (537 -4534 50 sq. ft. + 1 sq. ft. for additional of Institutional uses allowed 25 sq. ft. + 1 sq. ft. frontage over 50 ht. for each 1' of frontage over 50' up to 50 sq. ft. 100 sq. ft. per face /25' 60 sq. ft. /15' in residential districts (B1) • • HIGH SCHOOL 1. Park Center High School 7300 Brooklyn Boulevard Brooklyn Park, MN 2. Osseo Senior High School 317 2nd Avenue N.W. Osseo 3. Anoka High School 3939 7th Avenue North Anoka 4. Blaine High School 15' x 30' (450 sq. ft.) roof sign( "BHS ") 12555 University Ave. N.E. 25' high Blaine 5. Coon Rapids High School 2340 NW Northdale Boulevard Coon Rapids 6. Cooper High School 8230 47th Avenue North New Hope 7. Armstrong High School 10635 36th AVenue North Plymouth 8. St. Louis Park High School 6425 West 33rd St. St. Louis Park 9. Edina Sr. High School 6754 Valley View Road Edina HIGH SCHOOL FkLLSTANDING SIGNS FREESTANDING IDENTIFICATION SIGNS 9' x 12' (108 sq. ft. - approximate) 25' high (approximate) No freestanding sign 2' x 12' (24 sq. ft.) 51/2' high (also Anoka Tech sign) 21/2' x 12' (30 sq. ft.) 4' high (2 signs at angle) 6' x 18' (108 sq. ft.) 6 high 3' x 10' (30 sq. ft.) 11' high No freestanding sign 4' x 6' (24 sq. ft.) 6' high 10. Valley View Jr.H.S. 4' x 6' (24 sq. ft.) 6' high 11. Richfield High School No freestanding sign 12. Kennedy High School 6' x 16' (96 sq. ft.) Bl nomi nntnn 9 ' hinh ( 3 c i rinrl c i nn ) 21/2' x 12' (30 sq. ft.) 7' high (in front of school) 21/2' x 12' (30 sq. ft.) 8' high 125th& University Jr.H.S. 2 x 18' (45 sq. ft.) 6' high CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1989 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance regarding allowing optional freestanding signs allowing larger freestanding signs in the C1 and C1A districts, and requiring abatement of signs on abandoned premises. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES TO ALLOW OPTIONAL FREESTANDING SIGNS, TO ALLOW LARGER FREESTANDING SIGNS IN THE C1 AND C1A DISTRICTS, AND REQUIRING ABATEMENT OF SIGNS ON ABANDONED PREMISES 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 -130. PROHIBITED SIGNS. 11. Off- Premises Advertising Signs except as otherwise permitted by Section 34 -140 and Section 35 - 800 of the City Ordinances. Signs advertising a business no longer operating on the premises shall be deemed off - premises advertising signs and must be abated in accordance with Section 34 -140. 1j. Section 34 -140 PERMITTED SIGNS. 1. General Requirements and Standards for Permitted Signs j• When the occupant of a building or parcel ceases to use the property and abandons the site or building space, all signery associated with the former occupant shall be removed. It shall be the responsibility of the property owner to effect the removal of such signery and any support structure. If the owner of the property fails to remove all obsolete signery within 90 days after the former occupant vacates the premises, the City shall be entitled to have such signery removed, either by its own forces or by hire of a licensed sign contractor and the cost of such removal shall be assessed against the property. The owner of the property shall receive written notice of the City's intent to remove obsolete signery at least 30 days p r ir or to the action. ORDINANCE NO. Adopted this ATTEST: 3. Permitted Signs Requiring a Permit B. Commercial (C1 and C1A) Districts 2. Freestanding Signs Individual and Clustered Establishments Individual detached establishments or enterprises and the aggregate of attached establishments or enterprises clustered in a multitenant building may have one freestanding sign with a maximum area of [36] 72 square feet. The sign shall not extend more than [10] 20 feet above ground level. In the event an establishment or multitenant building abuts two or more streets which are at least collector or arterial in character, one such freestanding sign may be erected along each such street. Establishments or multitenant buildings entitled to a second freestanding sign may elect to have a single freestanding sign of up to 108 sq. ft., provided the single sign is located along a collector or arterial street. D. Public and Semi - Public Places (All Districts) 1. Churches, synagogues and temples may have the following signs: a. One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sign if the use abuts two or more streets. Properties entitled to a second freestanding sign may elect to erect a single freestanding sign not exceeding 72 square feet in area nor 15 feet in height. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Clerk day of , 1989. Mayor Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: -An Ordinance Extending Interim Ordinance No. 89 -13 for the Purpose of Protecting the Planning Process. - Resolution Extending Moratorium Restricting Certain Development on the Property Located at 6626 West River Road and all Lands South of 66th Avenue and North of I694 Lying Between DEPARTMENT APPRO CITY OF BROOKLYN CENTER Council Meeting Date 12 -18 -89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION // e Signature - title 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 the City Council's December 18, 1989 agenda are two items, one a fir st reading on an ordinance amendment and the other a resolution, relating to the need to extend the moratorium on certain development in the T. H. 252/66th Avenue North Study Area. On June 12, 1989, the City Council, after much review and discussion, adopted Ordinance No. 89 -13 which was an Interim Ordinance Establishing a Moratorium on the development of certain uses in the T. H. 252/66th Avenue North Area (specifically, the property located at 6626 West River and all land south of 66th Avenue and north of 1694 between Willow Lane and Highway 252). The purpose of the moratorium was to protect the planning process and to allow the City to undertake and complete a Land Use Study in this area that might lead to the possible adoption of amendments to the City's Zoning Ordinance and /or Comprehensive Plan. The City retained the consulting firm of Short- Elliott - Hendrickson (SEH) to undertake such a study and to advise the City on the best use of land in this area for all parties concerned which would provide a good buffer for the single - family residential property in the area from the possible adverse affects of a highly travelled T. H. 252 and a possibly highly commercialized area along this roadway. Three study areas (see attached Land Use Study map) were looked at and a great number of land use alternatives were proposed for possible uses in these areas. SEH met often with the City staff to review various alternatives, which later included some roadway design modifications. As part of the SEH proposed Land Use Study, various meetings including meetings with the Neighborhood Advisory Group and the Planning Commission were proposed. SEH and the City Planning staff met with the Neighborhood Advisory Group and interested citizens in the area who were notified of the consideration at a meeting held in the City Hall on November 28, 1989. The various alternatives and designs were also presented and reviewed with the Planning Commission on December 7, 1989. As a result of that review, the Planning Commission has made a recommendation to the City Council to undertake some design modifications to the 66th Avenue North/Willow Lane intersection and the Commission has also recommended a change in the land use designation for the property currently zoned C2 (General Commerce) in this area owned by Ivir. Howard Atkins and the Brookdale Motel. • SUMMARY EXPLANATION CONTINUED The final document and report to be presented by SEH is to include the consideration of the neighborhood area and also the Planning Commission. Thus, the final document has not yet been prepared for presentation to the City Council. The final document and report will be presented to the City Council at its first meeting in January, 1990. It should be noted that the interim ordinance will expire on December 16, 1989. Therefore, to continue to protect the planning process, it is recommended that the City Council adopt a first reading on an ordinance extending the interim ordinance and also adopt a resolution extending the moratorium in this area as well. It is recommended that the moratorium be extended to April 16, 1990. The reason for such an extension is, given the recommendation of the Planning Commission, it will be necessary to undertake a rezoning of the property in order to implement their recommendation. It is believed that such an extension of time would be necessary. However, if the study is concluded and a different finding is made by the City Council that would not necessitate that long a period of time to implement the study, then the interim ordinance could later be cancelled. • November 20, 1989 Dear Sir: RAW:mll CITY OF B ROOKLYN C ENTER Re: Notice of Public Meeting Regarding the Land Use Study Being Conducted for the T.H. 252/66 Avenue North Area The City Council of the City of Brooklyn Center adopted an interim ordinance that established a moratorium on the development of certain uses in the T. H. 252/66th Avenue North area in June of this year. The moratorium allows the City to undertake and complete a Land Use Study that might lead to the possible adoption of various amendments to the City's Zoning Ordinance and /or Comprehensive Plan. The City has retained the consulting firm of Short - Elliott Hendrickson (SEH) to undertake such a study and to advise the City on the best use of land in this area. The study has begun and the City intends to hold a neighborhood meeting to discuss the progress of the study to this date. The purpose of the study is to attempt to make a judgment on the best use of land in this area for all parties concerned which would provide a good buffer for the single- family residential property in the area from the possible adverse affects of a highly traveled T. H. 252 and a possibly highly commercialized area along this roadway. A proposal for a gasoline station, convenience store, car wash in this immediate area has been discussed, but has been put on hold, pending completion of the City's study. It is our intention to discuss the study and present various options to the Northeast Neighborhood Advisory Group and to interested neighbors and property owners in this area. The meeting will be held in the City Council Chambers at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway on Tuesday evening, November 28, 1989. The meeting will begin at 7:00 p.m. You are invited to attend the meeting and to make comments and recommendations at that time. This matter will be discussed further at an upcoming Planning Commission meeting. If you have any questions or comments regarding the above, please contact me. cerely, Ronald A. Warren �CF Director of Planning and Inspection WOW 1986 AI1J Hoary 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 December 4, 1989 CITY OF B ROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 Re: Notice of Planning Commission Consideration of the Land Use Study Being Conducted for the T. H. 252/66th Avenue North Area Dear Sir: The City Council of the City of Brooklyn Center adopted an interim ordinance that established a moratorium on the development of certain uses in the T. H. 252/66th Avenue North area in June of this year. The moratorium allows the City to undertake and complete a Land Use Study that might lead to the possible adoption of various amendments to the City's Zoning Ordinance and /or Comprehensive Plan. The City has retained the consulting firm of Short - Elliott - Hendrickson (SEH) to undertake such a study and to advise the City on the best use of land in this area. The study has begun and a neighborhood meeting was held on November 28, 1989 to discuss the progress of the study and to solicit comments regarding various alternatives being considered. The Planning Commission will also be reviewing all aspects of the study. The purpose of the study is to attempt to make a judgment on the best use of land in this area for all parties concerned which would provide a good buffer for the single - family residential property in the area from the possible adverse affects of a highly traveled T. H. 252 and a possibly highly commercialized area along this roadway. A proposal for a gasoline station, convenience store, car wash in this immediate area has been discussed, but has been put on hold, pending completion of the City's study. The Planning Commission meeting will be held on Thursday, December 7, 1989 in the City Council Chambers at City Hall, 6301 Shingle Creek Parkway. The meeting will begin at 7:30 p.m. and this matter will be taken up at approximately 7 :45 p.m. You are invited to attend the meeting and to make comments and recommendations at that time. The Planning Commission will be making a recommendation to the City Council regarding this study. The City Council will make any final decision regarding implementation of the study. If you have any questions or comments regarding the above, please contact me. ncerely, 0 . Ronald A. Warren !? Director of Planning and Inspection RAW !m1 1 • • • AREA 1 `C3 CITY OF - \ BROOKLYN CENTER \ 66th AVENUE LAND USE STUDY LEGEND EXIST. BUILDINGS STUDY AREA PROPERTY LINES dalimp.7111111Cra MINUTES OF THE NORTHEAST NEIGHBORHOOD ADVISORY GROUP NOVEMBER 28, 1989 CITY HALL CALL TO ORDER The Northeast Neighborhood Advisory Group meeting was called to order by Planning Commission Secretary Ronald Warren at 7 :04 p.m. ROLL CALL Those present included advisory group member Curt Danielson, Director of Planning and Inspection Ronald Warren, Planner Gary Shallcross and Consultant Randy Thoreson from Short - Elliott- Hendrickson. BACKGROUND OF LAND USE STUDY Director of Planning and Inspection Ronald Warren introduced himself to the residents in attendance and also introduced Curt Danielson and explained the purpose of Neighborhood Advisory Groups. He then introduced the Planner and the Consultant as individuals who had particpated in preparing the study of the land in the area of 66th and West River Road to this point. Mr. Warren then reviewed a background of the Land Use Study of the area between Willow Lane and Highway 252 north of I94 and up to and including the MN /DOT house just north of 66th Avenue North. He explained that, earlier this year, there was a proposal to rezone a sliver of land adjacent to the existing C2 zone south of 66th from R5 to C2 to accommodate a gas station, convenience store and ear wash. He explained that when the Northeast Neighborhood Advisory Group originally considered this rezoning proposal, it recommended that the entire lot be rezoned to C1. He went on to explain that the Planning Commission considered this recommendation and in turn recommended a moratorium and a study regarding three areas: 1) the MN /DOT property just north of 66th; 2) the block bounded by 65th on the south and 66th on the north and by Willow Lane on the east and Highway 252 on the west; and 3) the land south of 65th Avenue North and west of Willow Lane presently occupied by the Lyn River apartment complex. He stated that the City Council agreed to this recommendation and contracted with Short - Elliott - Hendrickson to do a Land Use Study of these three areas. He then introduced Randy Thoreson from Short - Elliott- Hendrickson to review the various land use alternatives for these three areas. REVIEW OF STUDY AREAS AND LAND USE ALTERNATIVES Mr. Randy Thoreson, of Short - Elliott- Hendrickson, then reviewed a number of alternatives for the three study areas. The first alternative was to leave the existing zoning as is. The second alternative was for Area 1 to be R1, Area 2 to be C2 on the west and C1 on the east, and Area 3 to continue as R5. The third alternative was to have Area 1 be R1, Area 2 be entirely C1 and Area 3 to remain R5. He also reviewed other alternatives including one where Area 1 would be R1 and Areas 2 and 3 would be for multiple family and an alternative where Area 1 would be R1 and Areas 2 and 3 would be C1. He reviewed some of the pros and cons of these various alternatives. He concluded with a review of two other alternatives. One alternative would be to make Area 1, R1 and Area 2 would be a City redevelopment on all of the Atkins property and leave the rest of the land south of the Atkins property as existing. The final alternative was to redesign and rebuild the intersection of West River Road and 66th Avenue North and extend a roadway down through part of the Atkins property and create a buffer area in the northeast corner of the property and leave the rest of the zoning as is. 11 -28 -89 -1- Mr. Curt Danielson asked what City participation would be in the buffer. Mr. Thoreson responded that the City would acquire and install the green area. Mr. Danielson and Mr. Thoreson discussed the idea of the buffer and Mr. Thoreson showed a graphic of the redesigned intersection on an overhead projector. A resident asked what would be in the area between the new street and Willow Lane. Mr. Thoreson responded that a berm and landscaping would probably be installed. Mr. Thoreson briefly reviewed the layout of the street redesigned and a walkway which would move through the area. Regarding Area 1 (the MN /DOT property), Mr. Thoreson stated that he and the City staff had looked at this area and concluded that it was not viable for either commercial or multiple- family development and that about all that could be put on it was a single - family home. Mr. Warren then explained to those people present that there were actually two studies being conducted at the same time in the same general area and by the same consultant, Short - Elliott- Hendrickson. He explained that the study that was being discussed at this evening's meeting was a Land Use Study of the area at and primarily south of the intersection of 66th Avenue North and West River Road. He pointed out that there is also a study being conducted of West River Road itself north of 66th and that some of the residents at this evening's meeting may have been at meetings regarding that study. Mr. Warren explained that they had looked at the MN /DOT property for some sort of buffer use and had concluded that both C1 uses and the multiple- family were not viable on the property. He stated that the only alternative was to allow for single- family development and that a physical buffer would probably have to be created to protect that single- family home. Mr. Thoreson reviewed the last alternative as being that Area 1 would be R1 property; Area 2 would be C2 on the west and the buffer and roadway and the existing multiple- family on the east; and that Area 3 would remain multiple - family. He reviewed some of the challenges presented by this area for the Land Use Study. A woman present asked how the redesign option would affect cars wanting to go north on Highway 252. Mr. Thoreson reviewed some of the facts about the intersection of 66th Avenue North and Highway 252. He noted that there are only two lanes and that the right lane has three options: to turn left, to go straight ahead, or to turn right. He stated that this results in some backup in the right lane. Mr. Warren explained that the northerly portion of the redesigned intersection which would include a large teardrop shape median has been looked at by the City Council. He explained that the large teardrop was to allow trucks to turn around within 66th rather than going either north or south on Willow Lane. He explained that the redesign of the southerly portion of the intersection would do away with a straight shot into the residential neighborhood along Willow Lane. A woman resident asked regarding parks in the area, indicating that there was a need for more places for children to play in this area. Mr. Thoreson responded that the buffer area would not necessarily be designated as a park, though it would constitute public open space. Mr. Warren added that the area would be landscaped and that hopefully the roadway realignment would help provide better access to the park further north on West River Road. Another resident stated that kids would play wherever there is open space. Mr. Warren acknowledged that there were a number of kids in the area and commented that it would probably be better for them to play on the berm created in the buffer area than in the street. A resident asked what the distance would be between Willow Lane and the new street on the other side of the buffer. Mr. Warren responded that it would probably be 60' to 80' . The resident asked whether the City had considered a block wall as opposed to a berm. Mr. Warren answered that the City had looked at berming and landscaping to 11 -28 -89 -2- • • • provide a screening treatment in as aesthetic a manner as possible, but that no final design has been looked at. He noted that other alternatives could be considered. Another resident asked whether the City had considered extending the berm north of 66th to provide additional screening for those homes also north of 66th. Mr. Randy Thoreson answered that the City has looked at that and that it would be advisable to do so. A woman resident inquired as to the movement of vehicles around the teardrop shaped median in 66th and the way of getting onto 66th to go north. Mr. Warren and Mr. Thoreson reviewed the layout of the revised intersection plan. They explained that there would be stop signs for both northbound and southbound traffic so that cars would be able to move onto 66th during the interruptions. Mr. Warren added that Willow Lane may be extended somewhat northward, but that the City does not want to connect the southerly leg of Willow Lane with the northerly leg. He expressed the concern that this could become another through street which would be undesirable for the residential neighborhood. In response to a question from another resident, Mr. Warren and Mr. Thoreson discussed the plans for the frontage road along Highway 252 south of 66th Avenue North. They indicated that a portion, or all of this area might be vacated. One of the residents along Willow Lane brought up the issue of land use and the option of continuing multiple- family land use south of 66th. He stated that there are more young kids now and he questioned whether multiple - family is an ideal land use in this area. Mr. Warren responded that the zoning regulations for the multiple- family districts regulate building types, but cannot regulate the type of occupants. He pointed out that the apartment units allowed in the R5 zone could all be one bedroom units which would involve very few children. He noted, however, that two bedroom units are allowed and that some three bedroom units can be comprehended. He added that the City's Housing Maintenance and Occupancy Ordinance allows many people to occupy a dwelling unit, possibly up to six individuals in a two bedroom apartment. The resident commented that in looking at land uses, a light commercial use might be a preferable use, but may not be practical from an economic standpoint. He acknowledged that a multiple - family use may be an appropriate buffer, but does also present some problems for the neighborhood. Another resident commented that he did not feel high density residential should be located next to single - family. Mr. Warren stated that a multiple- family complex can be a good neighbor, if it is maintained well. He pointed out, however, that a Zoning Ordinance cannot control the maintenance of property, including single - family property. The resident inquired as to the license for the apartment complex at 65th and Willow Lane. Mr. Warren briefly reviewed the history of the 18 unit apartment complex north of 65th on Willow Lane. He pointed out that the owner had been given a year to fix up the property and that he had been lax in meeting that deadline. He stated that the owner may have to post a guarantee to insure completion of maintenance items before the license can be renewed. He added that revoking the license may be justified, but that if that is done, the maintenance of the complex may get worse in the short run. A woman resident asked what was the minimum necessary land area for a park. Mr. Warren responded that it depended on the use of the park. He noted that a small play lot could be developed on a fairly small parcel. In response to another question regarding 66th Avenue North, Mr. Thoreson explained that the intersection at 66th Avenue and West River Road is presently at level of service E. He stated that the level of service for that intersection will almost certainly go to "F" regardless of whether or not the Atkins property is developed. Mr. Warren and Mr. Thoreson went on to discuss briefly some of the traffic patterns and traffic movements in the area of this intersection. 11 -28 -89 -3- In response to a question from a resident regarding the traffic pattern of various land uses, Mr. Warren explained that office uses have an earlier evening peak hour and that it is more concentrated than general commercial uses. He added that general commercial uses may involve more overall traffic, but that the peak is less concentrated. The resident pointed out the traffic from the gas station would come out on the resdesigned road and would create some problems for residents in the area which need to use that road as a way out of the neighborhood. Another resident stated that he did not feel a gas station, even with a buffer, is a good tradeoff for the neighborhood. Another resident asked a representative of Superamerica how muchland was needed for the Superamerica across Highway 252. Mr. Bud Kaupp, of Superamerica, answered that he was not certain of the land area. Planner Gary Shallcross stated that he thought the area of that parcel was approximately two acres. He pointed out that the Superamerica store would be approximately 8,000 sq. ft. whereas the Fine store proposed for Mr. Atkins' property was closer to 2,500 sq. ft. One of the residents along Willow Lane stated that he felt the matter had probably already been decided and that the City was simply going through the formality of a public meeting without really wanting to consider any other possibilities. Mr. Warren responded that the City is looking for input. He reviewed some of the options for the Land Use Study, especially Area 2 which contains the Atkins property. Mr. Curtis Danielson, of the Northeast Neighborhood Advisory Group, asked the residents to comment as to their feelings regarding the proposed berm and buffer. One resident responded that it was o.k., but that it would not screen the proposed service station. Another resident stated that if the service station is built, property values in the area will go down and that the berm will be insufficient to screen the station. Mr. Warren stated that another option was for the City to acquire all of Mr. Atkins' property. He reviewed for the residents the legal context of the existing zoning and land use of Mr. Atkins' property and the need to offer a fair price for the property. He also reviewed uses allowed in various zoning districts which could be considered for this area. He noted that, under some zoning schemes, some or all of the uses on the block would become nonconforming uses. Mr. Warren went on to state that there are a variety of issues confronting this area, among them: transportation, land use, property maintenance, and property rights. Mr. Danielson stated that he felt the alternative of providing a redesigned intersection at 66th and West River Road and a berm was a viable alternative and should be considered seriously. Mr. Warren stated that the matter would go to the Planning Commission on December 7 and that notices would be sent to the same people that received a notice of this meeting. Mr. Thoreson explained that his firm had narrowed the range of options from 45 different alternatives down to about five. He stated that he saw a value in the buffer with a berm alternative. He also explained that the City could not rule out a gas station on the basis of traffic impact alone. One resident stated that he did favor the redesigned road to provide a buffer from the service station use. Another resident acknowledged that the City probably had to choose between the lesser of two evils. He stated that if a station had to be developed, then a bermmight be the best buffer from such a use. The resident added that the City should use its discretion in approving a special use permit to control other aspects of the development plan. 11 -28 -89 -4- • • • ADJOURNMENT Mr. Warren thanked the residents and Mr. Danielson for coming to the meeting and indicated that the business of the meeting had been concluded. The meeting adjourned at 9 :41 p.m. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to ^onsider an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and. ,.__R_ati and Restricting Certain Development at the Property located at 6626 Wes 13. e'er Road and all Land South of 66th Avenue and North of 1 -694 Lying Between. Willow Lane and Highway 252. Auxiliary aids for handicapped persons are available upon request at least 96 cur in. advance. ?:ease contact the City's Personnel Coordinator at 561 -5440 to La at`. e. arrangements. ORDINANCE NO. EXTENSION OF INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING CERTAIN DEVELOPMENT AT THE PROPERTY LOCATED AT 6626 WEST RIVER ROAD AND ALL LAND SOUTH OP 66TH AVENUE AND NORTH OF 1 -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER. DOES ORS =_IN ASOLLQWS 411 Section 1. Background. 1.01. In connection with the consideration of an application for rezoning of a portion of the property affected by this ordinance (which applicattion has been withdrawn by the applicant), City staff, consultants, Planning Commission, the Northeast Neighborhood Advisory Group, and the City Council reviewed the existing and potenial development in the area. As a result of that review process the Council determined that the current land use controls did not adequately address various land use concerns in the area. Among these concerns were inadeauate or inappropriate buffering of nearby residential uses, nonconforming uses, zoning ordinances which were • not consistent with the City's Comprehensive Land Use Plan, insufficient or hazardous traffic circulation, changes in land use and roadways which occurred since current zonintr controls were adopted, and adiacent or nearby land uses or potential uses which were no compatible. 1.02. The Council determined that there was a need for further studies to be conducted so that the City could adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the publie safety and welfare. The Council directed that such studies be undertaken. Fo 1 rtn The Council also determined that there was a need for an interim ordinance to be adopted for the purpose of protecting the planning Process and the health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and Protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such studies were completed and any modifications to the City's Comprehensive Plan and zoning and land, use regulations were accomplished., 1.04. The Council further determined that of the zoning classifications which are reasonably likely to be adooted for those Darts of the area currentiv zoned R3 or C2 allow, either as permitted or special uses. eertain serviceJoffice uses. Therefore. an absolute prohibition on the development of such uses was not warranted. :accordingly, the Council adopted Ordinance No. 89 -13 on June 12. 1389. which ordinance ceased to be in effect on December 16, 1989. 1.06. The studies directed by the Council will not be completed and effective and appropriate land use control will not be in Place prior to the expiration of said �'rdinance; however, the reasons for its adoption c ontinue to exist. Therefore, there is a need for the continuation of the protection afforded by said interim ordinance as provided herein. Section 2. Determination, s. ?1 This interim ordinance shall apply to the property at 6626 West River Road and all property south of 66th Avenue and north of I -694 between Willow Lane and Highway 252 (the subiect area). 2.02 During the period this interim ordinance is in effect, no property n the subiect area may be developed, redeveloped, nor shall any site Plan approvals, rezonings, licenses (other than renewals), lattings o„ reolattin9*s, land divisions or consolidations, special use permits or building permits be issued by the City for any uses other than those expressly allowed in paragraph 2.03 of this ordinance. 2.03. The provisions of Paragraph 2.02, shall not apply in C2 zones to Permitted uses which are also permitted uses in C1 zones of the City and shall not apply in 3.5 zones to special uses which are a ?so Permitted uses in C2 zones oI the City. 2.34. This ordinance shall remain in effect until April 16, 1990, or such ariier date as may be adopted by the City Council, provided that if the study and plannin • process have not been completed within such period this ordinance may be extended such additional periods as are deemed necessary by the City Council and as are permitted by the Act. .05. Section 3. Applicability. 3.01. This ordinance aoolies to any application for site olari approvals, 7ezoning , licenses. Dlattinn or replattings, land divisions or consolidations, special use permits or buildinT permits that have not received preliminary approval by the City Council before the effective date of this ordinance. Section 4. Effective Date. 4.01. m= is ordinance shall become effective after adoption and upon thirty 3; g ays following its legal publication. Adopted this day of , 1990. City Clerk Date of Publication: Effective Date: (Brackets indicate matter to be deleted, underline indicates new matter.) ER291 -016 Mayor Member adobtior: introduced the following resolution and moved its RESOLUTION NO. RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING CERTAIN DEVELOPMENT AT THE PROPERTY LOCATED AT 6626 WEST RIVER ROAD AND ALL LAND SOUTH OF 68TH AVENUE AND NORTH OF I- 694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252. WHEREAS, in connection with the consideration of an application for rezoning of a portion of the property affected by this.ordinance (which application has been withdrawn by the applicant), City staff, consultants, Planning Commission, the Northeast Neighborhood Advisory Group, and the City Council reviewed the existing and potential development in the area. As a result of that review process the Council determined that the current land use controls did not adequately address various land use concerns in the area. Among these concerns were Inadequate or inappropriate buffering of nearby _residential uses, nonconforming uses, zoning ordinances which were not consistent with the City's Comprehensive Land Use Plan, insufficient or hazardous traffic circulation, Charges in land use and roadways which occurred since current zoning controls were adopted, and adjacent or nearby land uses or potential uses which were not compatible; and WHEREAS, the Council determined that there was a need for further studies to ,e conducted so that the City could adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council directed that such studies be undertaken; and YC • • WHEREAS, the Council also determined that there was a need for an interi m. ordinance to be adopted for the purpose of protecting the planning process • and :he health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such studies were completed and any modifications to the City's Comprehensive Plan and zoning and _-and use reguiations were accomplished; and WHEREAS, the Council further determined that of the zoning classifications ;4in are reasonably likely to be adopted for those parts of the area currently zoned R5 or C2 allow, either as permitted or special uses, certain service /office uses_ Therefore, an absolute prohibition on the development of such uses was not warrynted; and WHEREAS accordingly, the Council adopted Ordinance No. 89 -13 on June 12, 1939, which ordinance ceased to be in effect on December 16, 1989; and WHEREAS, the studies directed by the Council will not be completed and effective and appropriate Iand use control will not be in place- prior to the expir ation of said ordinance; however, the reasons for. its adbption continue to exist. Therefore, there is a need for the continuation of the protection afforded by said interim ordinance as provided herein. 'TOk, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota; This Resolution shall apply to the property at 6626 West River Road and all property south of 66th Avenue north of I between Willow Lane and Highway 252 (the subject area). During the period this Resolution is in effect, no within the subject area :nay be developed, redeveloped, nor shall any site plan approvals, This n _. s Resolution applies to any application for site plan approvals, rezonings, license;, p attings or repiattings, land divisions or consolidations, special use permits ^:r .building permits that have not received preliminary approval by the City Council before the adoption of this Resolution. This Resolution is effective upon adoption. Ditp.ri : December I$ , 1989. 0. ATTEST: Darlene K. Weeks, City Clerk member favor hereof: 1 *ezoni-: , licenses (other than renewa?s ), piattings or �;;,.; replattings, land divisions or consolidations, special use permits or building permits be issued by the City for any uses other than those expressly a 'low ed in paragraph 3 of this Resolution. The provisions of paragraph 2, shall not apply in C2 zones to permitted uses whip_^ are also permitted uses in Cl zones of the City and shall not apply in R5 zones to special uses which are also permitted uses in C2 zones of the City. This Resolution shall remain in effect until April 16, 1990, or such earlier Late as may be adopted by the City Council, provided that if the study and planning process have not been completed within such period this Resolution -nay be extended for such additional periods as are deemed necessary City Council. by the and the following voted against the same; Dean A. Nyquist, Mayor The n'ot:on for the adoption of the foregoing resolution was duly seconded by , and upon vote being taken thereon, the following voted in Whereupon said resolution was declared duly passed and adopted. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1990, at .m. at City Hall, 6301 Shingle Creek Parkway, to consider amending Chapter 22 of the City Ordinances Relating to a Tax Imposed upon Lodging. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY ORDINANCES RELATING TO A TAX IMPOSED UPON LODGING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 22, Sections 22 -002 and 22 -015 are hereby amended as follows: Section 22 -002. IMPOSITION OF TAX. There is hereby imposed a tax of six (6 %) [three (3 %)] percent on the rent charged by an operator for providing lodging to any person after the adoption of this ordinance and upon thirty (30) days following its legal publication. The tax shall be stated and charged separately and shall be collected by the operator from the lodger. [ The purpose of the tax must be made known to the lodger by either inserting the statement "Proceeds from this tax are used to fund a local convention or tourism bureau" on the lodger's receipt or by posting the statement at the registration desk where it can be clearly seen by the lodger.] The tax collected by the operator shall be a debt owed by the operator to the City and shall be extinguished only by payment to the City. In no case shall the tax imposed by this section upon an operator exceed the amount of tax which the operator is authorized and required by this Chapter to collect from a lodger. Section 22 -015. USE OF PROCEEDS. [The] Ninety -five (95 %) percent of the gross proceeds from the first three (3 %) percent of the tax imposed by this ordinance [obtained from the collection of taxes pursuant to this chapter] shall be used in accordance with Minnesota Statutes Section 469.190 [ 4774.018] as the - same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Fel • Adopted this ATTEST: day of , 1990. Darlene K. Weeks, City Clerk Date of Publication: Effective Date: (Underline indicates new matter.) BR291 -011 2 Dean A. Nyquist, Mayor • • CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number c � REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: ORDINANCE VACATING PART OF A UTILITY EASEMENT IN BROOKDALE SQUARE 2ND ADDITION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: ****************** lAPP R WOR * * * ** MANAGER'S REVIEW /RECOMMENDATION: Explanation No comments to supplement this report * ** * * * * * * * * * * * * * * * * ** i • Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) In 1980, the City acquired a standard ten foot drainage and utility perimeter easement during the platting of Brookdale Square Addition. Earlier this year, Lot 1 of the Brookdale Square Addition was combined with -Tract Q of RLS #1325 to the east to form Brookdale Square 2nd Addition (see attached Map 1). The Robert Larson Partners, developers of Brookdale Square, have requested vacation of that part of the perimeter easement that is now in the interior of the new Lot 1, Block 1, Brookdale Square 2nd Addition (see attached Map 2). The primary reason for this request is that the new addition_to Brookdale Square encroaches upon the easement by approximately five to seven feet. The request also notes that the subdivision agreement executed by the owners during the replatting of Brookdale Square 2nd Addition included the execution of a- utility maintenance and inspection agreement, assuring the City access to all City utilities on the site. The private utility companies, Northern States Power, Minnegasco, US West, and King Video Cable, are currently reviewing this request. City staff are also reviewing locations of City utilities on the site to determine if the City should retain this easement. City Council Action Reouired An ordinance is provided for consideration and first reading by the City Council. If the first reading is conducted, the proposed ordinance will be published along with a notice of public hearing. After the second reading and public hearing, the City Council would then consider final adoption of the ordinance. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , , at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part of a Utility and Drainage Easement in Lot 1, Block 1, Brookdale Square 2nd Addition. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF A UTILITY AND DRAINAGE EASEMENT IN LOT 1. BLOCK 1. BROOKDALE SOUARE 2ND ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of Lot 1. Block 1. BROOKDALE SOUARE 2ND ADDITION. according to the plat on file and of record thereof. Hennepin County. Minnesota. described as follows: Commencing at the southwest corner of said Lot 1: thence North 50 degrees 26 minutes 02 seconds East, assumed bearing, along the southeasterly line of said Lot 1. a distance of 297.73 feet: thence North 89 degrees 09 minutes 08 seconds East, along the south line of said Lot 1, a distance of 914.34 feet: thence North 0 degrees 06 minutes 24 seconds East. a distance of 5.00 feet to the actual point of beginning: thence North 0 degrees 06 minutes 24 seconds East. a distance of 585 ,61 feet' thence South 69— degrees 17 minutes 21 seconds West, a distance of 10.70 feet: thence South 1 degree 51 minutes 46 seconds East, a distance f581 9 feet: thence North 89 degrees 09 minutes 08 seconds East, a distance of 10,00 feet to the point of beginning. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of ATTEST: Date of Publication Effective Date Clerk Mayor November 17, 1989 Mr. Gerald Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Easement Vacation Request, Brookdale Square 2nd Addition Dear Mr. Splinter: The Robert Larsen Partners, owners of the above - referenced property, hereby request vacation of all that part of the easement described in the attached description. The vacation is requested in order to eliminate an encroachment by the new addition to the Brookdale Square Center. The basis for the request is as follows: 1. Vacation of the easement eliminates a 5 -7 foot encroachment by the new addition to Brookdale Square. 2. The property owner has executed and filed with the City a Utility Maintenance and Inspection Agreement which provides easement rights for all City utilities on the site. 3. The area to be vacated does not contain any known public utility (Existing utilities are private service lines.) 4. The easement was intended to be a perimeter easement dedicated in the Brookdale Square plat. When Brookdale Square and Tract Q of RLS No. 1325 were combined, this easement was no longer in its intended position. There does not seem to be any public purpose served by retaining this easement, as it is not used for the purpose for which it was dedicated. Other easements and agreements provide the easement and access needed by the City for access to any City utilities site. Therefore, we request that the easement in the attached description be vacated. Please contact me at 371 -0424 if you have any questions regarding this matter. Sincerely, William L. Pew Vice President, Construction and Management cm 0 m l 14 • ;;'N4S5 10 FT. DRAINAGE & UTILITY EASEMENT / 5 FT. DRAINAGE & UTILITY EASEIENT CORD 10 L 3 MO 12T rae•sr42E - - -- ✓nab 4 BROOKDALE SQUARE 2ND ADDN BLOCK 1, LOT 1 93001mAEE F01 EASEMENT PROPOSED FOR VACATION DI4.34 34.72 M77-42' .E BROOKDALE SQUARE EASEMENT VACATION 2 W 2 10' MAP 1 ^6 . DO CO RD 60TH I� 1 UR r o / VICINITY MAP OF BROOKDALE SQUARE EASEMENT VACATION 57TH AVE N MAP 2 CITY OF BROOKLYN CENTER Council Meeting Date 12/18/89 Agenda Item Number 9a.2 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Amendment to 1990 Council Meeting Schedule *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: P Signature - title ***************************** * * * * * * * * * * * * * * * * * * * **** * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Administrative Aide * .. * * * * * * * * * * * * * * * * * * * ** Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) Attached is an amended 1990 council meeting schedule. The meetings scheduled for May had to be changed because one was originally scheduled for Memorial Day. The months of October, November, and December were changed because of the proposal to add an additional holiday for City employees (October 8, 1990 Columbus Day). By rearranging these three months, we will be able to work around the holidays and have two meetings in December to take care of year -end business. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Patti Page, Administrative Aide DATE: December 12, 1989 SUBJECT: 1990 City Council Meeting Schedule The following dates are recommended for adoption by the city council as the 1990 council meeting schedule. January 8 January 22 February 12 February 26 March 12 March 26 April 9 April 23 April 30 (Board of Equalization) May 7 May 21 June 11 June 25 A M E N D E D July 9 July 23 August 13 August 27 October 15 October 29 November 19 December 3 December 17 ** Wednesday evening and special budget session September 10 September 12 ** September 24 • • • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY OF BROOKLYN CENTER Council Meeting Date A V / Agenda Item Number / 2a V-b REQUEST FOR COUNCIL CONSIDERATION ON AND OFF -SALE NONINTOXICATING MALT LIQUOR LICENSES FOR 1990 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - t' fie - James Lindsay, Chief of Police ,x MANAGER'S SUMMARY EXPLANATION: RECOMMENDATION: /RECOMMENDATION: No comments to supplement this report *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * ** 41/ Eity Comments below /attached (supplemental sheets attached yes ) Attached is the list of all on -sale and off -sale nonintoxicating malt liquor licenses to be renewed for 1990. A summary of calls to these establishments was submitted during November as part of the same report of calls to intoxicating liquor establishments. It is recommended that the City Council approve the liquor licenses for the establishments listed for 1990. • • 1990 NONINTOXICATING MALT LIQUOR LICENSES: On -Sale: Beacon Bowl Chuck Wagon Inn Davanni's Dayton's Denny's The 50's Grill Little Brooklyn Pizza Hut Scoreboard Pizza Yen Ching Off -Sale: Country Club Country Store (Jerry's Enterprises) Jerry's New Market SuperAmerica (2 locations) 1901 57th Avenue North 6545 West River Road • • Licenses to be approved by the BOWLING ALLEY Earle Brown Bowl CIGARETTE OVER THE COUNTER SALES: Brookdale Unocal Centerbrook Golf Course Country Club Market M & S Drug Emporium The Gift Shop Ideal Drug The Pipeselier Shop Snyder Brothers Drug SuperAmerica SuperAmerica MACHINE SALES: American Amusement Arcades Applebee's Brooklyn Center Liquor #1 Brooklyn Center Liquor #2 Brooklyn Center Liquor #3 Chuck Wagon Denny's Inc. _ Red Lobster Brooklyn Center American Legion Brooklyn Center Service "76" Earle Brown Bowl Iten Chevrolet Minnesota Vikings Food Service Schmitt Music Service America Corporation Graco MTC - Theisen Vending Company Brookdale Ford Budgetel Inn Econo Lodge Ground Round Holiday Inn LaCasita Mexican Restaurant T. Wright's Bill West Service Center Wes' Amoco Yen Ching Restaurant COURTESY BENCH U.S. Bench Corporation GASOLINE SERVICE STATION Brooklyn Center Municipal Garage Brooklyn Center Post Office Brooklyn Center Service "76" City Council on December 18, 1989: 6440 James Circle 5710 Xerxes Ave. N. 5500 Lilac Dr. N. 5715 Morgan Ave. N. 5900 Shingle Ck. Pkwy. 2200 Freeway Blvd. 6800 Humboldt Ave. N. 1301 Brookdale Center 1296 Brookdale Center 1901 57th Ave. N. 6545 West River Road 850 Decatur Ave. N. 1347 Brookdale Center 6800 Humboldt Ave. N. 6250 Brooklyn Blvd. 1966 57th Ave. N. 5720 Morgan Ave. N. 3901 Lakebreeze Ave. 7235 Brooklyn Blvd. 4307 70th Ave. N. 6245 Brooklyn Blvd. 6440 James Circle 6701 Brooklyn Blvd. 5200 West 74th Street 2400 Freeway Blvd. 7490 Central Ave. NE 6820 Shingle Ck. Pkwy. 6845 Shingle Ck. Pkwy. 3804 Nicollet Ave. S. 2550 Co. Rd. 10 6415 James Circle 6445 James Circle 2545 Co. Rd. 10 2200 Freeway Blvd. 2101 Freeway Blvd. 5800 Shingle Ck. Pkwy. 2000 Ave. N. 6044 Brooklyn Blvd. 5900 Shingle Ck. Pkwy. 3300 Snelling Avenue 6844 Shingle Ck. Pkwy. 6848 Lee Ave. N. 6245 Brooklyn Blvd. / / /(12,1a, City Clerk City Clerk • • • Metropolitan Transit Commission Northern States Power Osseo Brooklyn Bus Co. SuperAmerica Wes' Amoco LODGING ESTABLISHMENT Days Inn Econo Lodge Holiday Inn Northwest Residence MECHANICAL SYSTEMS DelMar Furnace Exchange United Heating & A/C POOL AND BILLIARDS TABLES American Amusement Arcades Brooklyn Center Community Center Days Inn PUBLIC DANCE Days Inn Earle Brown Bowl Holiday Inn RENTAL DWELLINGS Initial: Tom and Dorothy Storie James R. Ditzler Renewal: Rudolph J. Olson M & J Properties Leo Vogel Darlene Dimitroff Richard Arntson Gene and Anna Gullord Stephen L. Cook Steven D. Lanier Robert and Arlene Johnson Swanson Investments Sherry A. Ronallo GENERAL APPROVAL: D. K. Weeks, City Clerk 6845 Shingle Ck. Pkwy. 4501 68th Ave. N. 4435 68th Ave. N. 1901 57th Ave. N. 6044 Brooklyn Blvd. 1501 Freeway Blvd. 6445 James Circle 2200 Freeway Blvd. 4408 69th Ave. N. 4080 83rd Ave. N. 7909 30th Ave. N. 850 Decatur Ave. N. 6301 Shingle Ck. Pkwy. 1501 Freeway Blvd. 1501 Freeway Blvd. 6440 James Circle 2200 Freeway Blvd. 5607 Camden Ave. N. 707 69th Ave. N. 6505 Brooklyn Blvd. 6810 Hemlock Lane N. 3200 Grimes Ave. N. 6442 Indiana Ave. N. 4220 Lakeside Ave. N. 5337 -39 Queen Ave. N. 5306 Russell Ave. N. 5256 E. Twin Lake Blvd. 7218.24_West River Road 7240 West River Road 819 -21 55th Ave. N. City Clerk Sanitarian -, Building Official City Clerk City Clerk La UAA (1 14-- Director of Planning and Inspection b✓ NEWS RELEASE RE: CITY OF BROOKLYN CENTER Is Awarded HIGHEST AWARD IN FINANCIAL REPORTING GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 NORTH MICHIGAN AVENUE SUITE 800 CHICAGO, ILLINOIS 60601 312/977 -9700 FAX: 312/977 -4806 (Chicago) - -The Certificate of Achievement for Excellence in Financial Reporting has been awarded to: CITY OF BROOKLYN CENTER by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement also is given to the individual designated as primarily responsible for its having earned the certificate. This Award of Financial Reporting Achievement has been presented to: CHARLES R. HANSEN, ASSISTANT FINANCE DIRECTOR The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" effort to clearly communicate its financial story and motivate potential persons and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 11,500 government finance professionals. The association produces a variety of technical publications in various fields of governmental finance, and represents the public finance community in Washington, D.C. The association provides numerous training opportunities, and conducts an annual conference attended by 5,000 public finance professionals. For more information, contact Fred Lantz at 312/977 -9700. WASHINGTON OFFICE: SUITE 200 . 1750 K STREET N W • WASHINGTON D.C. 20006. - 2750 • FAX: 202/429 - 2755 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING OPPOSITION TO HENNEPIN COUNTY RESOLUTION NO. 89- 11 -961R2 WHEREAS, the Public Service Committee of the Hennepin County Board of Commissioners approved Resolution No. 89- 11 -961R2 on December 14, 1989; and WHEREAS, Resolution No. 89- 11 -961R2 requires each Hennepin County City to establish its own facility for the composting of yard waste, said facility to be established either within or outside municipal corporate limits; and WHEREAS, Resolution No. 89- 11 -961R2 specifies that any municipality that does not identify a compost facility within its borders and issue required permits, enter into an agreement with another municipality for deposit and composting of its yard waste or prohibit collection of yard waste, and require "backyard composting," shall not be eligible for recycling reimbursement under the County's funding assistance policy, unless the County Board specifically determines otherwise after a good faith effort; and WHEREAS, the deadline for identifying a compost facility site and issuing all required permits for the site is March 15, 1990; and WHEREAS, the City of Brooklyn Center would incur significant expense in acquiring land and equipment to establish a compost facility, said expense not planned as part of municipal expenditures for 1990; and WHEREAS, the Hennepin County Solid Waste Master Plan specifies that Hennepin County will establish and operate yard - waste composting sites; and WHEREAS, the City of Brooklyn Center, as a member of the Hennepin recycling group, has entered into a Solid Waste Management Agreement to perform certain recycling services and to receive partial reimbursement from Hennepin County for the cost of these recycling services, said reimbursement based on meeting certain performance goals; and WHEREAS, budgeting for the Brooklyn Center 1990 recycling program has been based on continuation of the County's funding assistance policy; and WHEREAS, elimination of the County's funding assistance policy would seriously jeopardize the continuation of the City's recycling program; RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center opposes passage of Resolution No. 89- 11- 961R2. BE IT FURTHER RESOLVED that the Brooklyn Center City Council endorses the establishment, by Hennepin County, of a yard waste - compost facility or facilities which would be available for use by all Hennepin County municipalities. ATTEST: Date Mayor 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. The following resolution was offered by Commissioner Johnson, seconded by Commissioner Jude: BE IT RESOLVED, that no later than March 15, 1990, Hennepin County requests each municipality to identify one or more sites within the municipality and issue all required permits for the composting of yard waste collected within that municipality; and BE IT FURTHER RESOLVED, that a municipality may satisfy the above request by entering into an agreement that allows deposit and composting of yard waste collected within that municipality in another municipality; and BE IT FURTHER RESOLVED, that any municipality that does not either: (1) identify such a yard waste composting site within its borders and issue required permits; or (2) enter into an agreement with another municipality for deposit and composting of its yard waste; or (3) prohibit yard waste collection and require "backyard" composting; shall not be eligible for recycling reimbursement under the county's funding assistance policy, unless the County Board specifically determines otherwise after a good faith effort. • The question was on the adoption of the resolution and there were YEAS and NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER ATTEST: Randy Johnson John Keefe John E. Derus Tad Jude Sam S. Sivanich Mark Andrew Jeff Spartz, Chairman RESOLUTION NO. 89- 12 -961R2 Clerk of the County Board