HomeMy WebLinkAbout1990 02-12 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
FEBRUARY 12, 1990
7 p.m.
1. Call to Order
2. Roll Call
3. Invocation
4. Open Forum
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. Mayoral Appointment
a. Northwest Hennepin Human Services Council Advisory
Commission
7. Resolutions:
a. Establishing Improvement Project No. 1990 -05,
Improvement of Lift Station No. 2 and Approving
Proposal for Preliminary Evaluation of Options
-This sewage lift station is located on Lyndale Avenue
at 55th Avenue North. The proposed study would review
the feasibility of upgrading the existing station to
provide odor control, meet OSHA standards, and improve
operating features. The proposed study would also
evaluate the option of constructing a new lift station.
*b. Accepting Work Performed under Contract 1989 -H (Shingle
Creek Parkway Geometric Improvements 1989 -18) and
(Brookdale Square Entrance 1989 -19)
*c. Authorizing the Mayor and City Manager to Enter into an
Agreement between the City of Brooklyn Center and North
Hennepin Mediation Project
d. Amending the 1990 General Fund Budget to Appropriate
Funds for Replacement of Police Resuscitator
*e. Acknowledging Gift from the Brooklyn Center Lions Club
8. Approval of 1990 -1991 Local 49 Labor Agreement
CITY COUNCIL AGENDA -2- February 12, 1990
9. Ordinances:
a. An Ordinance Amending Chapter 27 -104 of the City
Ordinances Authorizing the Removal or Destruction of
Advertisements, Buildings or Structures on the Public
Highways, Streets or Alleys
-This amendment would allow the City Manager or his
designee to remove any items placed in the City's
rights -of -way which are in violation of the existing
ordinance. This item is offered this evening for a
first reading.
b. An Ordinance Amending Chapter 19 of the City Ordinances
Relating to Trespass
-This item is offered this evening for a first reading.
10. Discussion Item:
a. An Ordinance Amending Chapter 19 of the City Ordinances
Declaring Certain Activities as a Public Nuisance
Relating to the Parking and Storage of Vehicles and
Equipment in Residential Areas
b. Report on Yard Waste Disposal Problem and Other
Recycling Efforts
C. Status of 1990 Brooklyn Center Priorities
d. Proposed Cost of Changing Police Handguns and the Study
Committee's Recommendations
1. Resolution Approving Specifications and Authorizing
Advertisement for Bids for Delivery of 45 Semi-
automatic Weapons
2. Recommended Disposal of Current Handguns
*11. Licenses
12. Adjournment
i
a
APPLICATION FOR APPOINTMENT TO THE:
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S ADVISORY COMMISSION
NAME: 0Hf\( J� (/O 1 DATE: A/X 30
ADDRESS DRL� 0 2c0k /yN CEWI 1Y1/tl 55 1/3
HOME TELEPHONE: 5(.(o - ZIP CODE:
WORK TELEPHONE: 701
I HAVE BEEN A RESIDENT OF THIS CITY FOR �_ YEARS.
I UNDERSTAND THE IMPORTANCE OF REGULAR ADVISORY COMMISSION MEETING
ATTENDANCE AND PARTICIPATION. I FEEL I HAVE THE TIME AVAILABLE TO BE AN
ACTIVE PARTICIPANT:
YES: NO:
PLEASE LIST PAT OR PRESENT CIVIC OR VOLUNTEER ORGANIZATION MEMBER-
SHIPS, PARTrG ARLY THOSE WHICH MAY RELEVANT TO THE APPOINTMENT YOU
ARE SEEKING:
PLEASE, BRIEFLY, DESCRIBE OTHER QUALIFICATIONS, EXPERIENCE, EDUCATION,
OR SPECIAL INTERESTS WHICH YOU WOULD LIKE THE CITY COUNCIL TO CONSIDER
FOR THE APPOINTMENT YOU ARE SEEKING:
I (I Lt,a(E, T lN,-�S /iyl�c /v r:V /}1/a�� "V C�2C�n� 2iic ✓s �zc �t
l c IJ n/T FN�T ' "�. Ti '� Z l y AF1r a Z S d o i3 - r- F L
PLEASE LIST ANY PARTICULAR HUMAN SERVICE ISSUES, NEEDS, OR PROBLEMS
THAT YOU FEEL STRONGLY ABOUT:
Hu 7:7
1?C) 2 R ,4* 1`4 e4N7 ANN oN6 6 Pec ' , 9C, Tim / EZ E i
BRIEFLY, WHY DO YOU WANT TO SERVE ON THE NWHHSC ADVISORY COMMISSION?
MV 4�rE li5 Pg?o `7 /Nli�C�l��E��?Fi�?�" Al 77/is �1VT /i� �jY7i6
H/a I j-7 , e — /X-/ 0 5 i1cA(797 3FT 2 tx)�-Y
I Nil AL 5 2V;C
IF I AM APPOINTED, I AGREE TO AUTHORIZE THE SHARING OF THE INFORMATION
ON THIS SHEET WITH THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL.
YES: NO J
AAayor be ams N�u
SIGNATURE: s
SUBMIT TO: CITY HALL
6301 S{v'n9le Meek Pwkc
Brooklyn
CITY OF BROOKLYN CENTER Council Meeting Date /12/90
Agenda Item Number �
REQUEST FOR COUNCIL CONSIDERATION
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1990 -05, IMPROVEMENT OF LIFT
STATION NO. 2 AND APPROVING PROPOSAL FOR PRELIMINARY EVALUATION OF OPTIONS
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
* * * * * * * * * * ** ** LAPP * *R * ** OR * ** P ** * * * *
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report. Comments below /attached vPs
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached
Sanitary Sewer Lift Station No. 2 is located between Lyndale Avenue and the
• Mississippi River at 55th Avenue North. Private homes also are located in
close proximity to this station north of 55th Avenue. Private homes also are
located along the west side of Lyndale Avenue - across the street from this
station. Eventual development of the North Mississippi Regional Park will
result in removal of the homes on the east side of Lyndale Avenue, but will
bring some park activities into the area around this station.
An evaluation of this station indicates that:
• This station was constructed in 1959, then upgraded in 1981 (to make
modifications required because of I -94 construction and to add an
emergency standby generator).
• It is the source of frequent "bad odor" complaints from nearby residents.
• The site is extremely limited in size, with a marginally acceptable
driveway and few opportunities for aesthetic enhancement. In addition,
application of zoning ordinance standards and Critical River Area
standards make it nearly impossible to expand the building in any
direction except up.
• While the station's pumping capacity is adequate, all the structure is
very close - quartered so that all components are squeezed in, making it
extremely difficult to make modifications or add additional facilities.
o A number of the components need replacement or rehabilitation in the near
future to assure continued reliability of this station.
• o Several features in this station do not comply with current OSHA
standards.
Accordingly, City staff recommends that a preliminary investigation and
evaluation be conducted to determine the feasibility and cost estimates for
two options: (1) improvements to the existing station, and (2) replacing the
existing station with a new station which could be totally underground.
Attached is a copy of a proposal from Short - Elliott- Hendrickson, Inc.,
consulting engineers, to conduct the proposed study. This firm has a great
deal of experience on similar projects in other cities. While they have not
worked on sewage projects in Brooklyn Center, this firm has provided excellent
service to the City on many other projects. We recommend that their proposal
be accepted.
City Council Action Required
A resolution is provided for consideration by the City Council.
•
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1990 -05,
IMPROVEMENT OF LIFT STATION NO. 2 AND APPROVING PROPOSAL FOR
PRELIMINARY EVALUATION OF OPTIONS
WHEREAS, it is the opinion of the City Council that improvements are
needed at Sanitary Sewer Lift Station No. 2, located on Lyndale Avenue North
at 55th Avenue North, including improvements to increase the reliability of
the station, safety improvements, odor control and site improvements; and
WHEREAS, the Director of Public Works has obtained a proposal from
Short - Elliott- Hendrickson, Inc. (SEH) to conduct the necessary preliminary
investigations and submit a study report covering the feasibility and cost
estimates for two option improvement concepts and he recommends that the City
Council accept that proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota:
1. That the following project is hereby established:
Improvement Project No. 1990 -05
Lift Station No. 2 Improvements
2. That the proposal of SEH Inc. to provide the needed engineering
services at an estimated cost of $15,500 is hereby accepted. The
Mayor and City Manager are hereby authorized and directed to
execute a contract with SEH Inc. on the basis of that proposal.
3. That all costs for this improvement shall be charged to the Public
Utilities fund.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the
following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
ENGINEERS ■ ARCHITECTS R PLANNERS 3535 VADNAIS CENTER DRIVE, ST PAUL, MINNESOTA 55110 612 490 -2000
January 30, 1990 Re: Brooklyn Center, Minnesota
Improvements to Lift
Station No. 2
Mr. Sylvester Knapp
Public Works Director
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Knapp:
This letter is our proposal to you for engineering services for
the preliminary investigation for improvements to Lift Station
No. 2 at the intersection of 55th and Lyndale. Based on our
January 29, 1990 meeting and tour of the station, we have
developed a scope of work for a study of needed improvements.
The preliminary investigations will provide cost estimates for
two options; (1) improvements to the existing lift station and
(2) replacing the existing station with a new submersible pump
station.
One of the improvements we discussed was providing an odor
control system at the existing station. There are a number of
changes which could be made within the wet well which may
alleviate the odor problem and reduce maintenance problems.
These changes would be further defined in the study. Although
the changes may aid in reducing odors, they may not be the total
solution. Therefore, our study will also review incorporating an
odor control system into the improvements.
Our study of the second option (new lift station) will also
include provisions for an odor control system that could be added
if odors persist. Two types of odor control systems will be
investigated: (1) venting to a wet scrubber and (2) venting to a.
carbon adsorber. Both capital and operating costs will be
estimated for these two systems.
Many of the specific tasks that make up the scope of services for
improvements to the existing lift station are presented in a memo
dated October 12, 1989, from your Public Utilities Supervisor.
They are included in the following:
SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS,
HENDRICKSON INC. MINNESOTA WISCONSIN
Mr. Sylvester Knapp
January 30, 1990
Page #2
1. Evaluate furnishing a cooling system to maintain lower
station temperatures.
2. Determine required piping modifications to replace existing
6" x 10" check valves.
3. Consider replacing existing gate valves and check valves.
4. Consider replacing and /or reanchoring all catwalks, stairways
and I -beams due to corrosion problems.
Other areas, such as walls, with indications of corrosion
will be included in this rehabilitation.
5. Estimate cost to replace the broken skylight.
6. Evaluate replacing the existing roof with new material or
installing a pitched roof over the existing flat roof.
7. Investigate furnishing a basket type screen for the wet well.
Include level indication to alert for need to clean.
8. Estimate cost to replace or install a Parshall flume liner.
9. Evaluate modifying or replacing the existing ventilation
system.
10. Estimate cost to replace corroded exterior doors.
11. Evaluate capacity of pumps based on City furnished flow
projections and investigate converting to close coupled
pumps.
12. Evaluate improving the lighting in both the wet well and dry
well.
13. Discuss with City staff improved access to the lift station.
We have not included any site survey time but would work with
available information.
14. Discuss with City staff ordinance requirements regarding
zoning, critical area, and flood plain regulations as may be
applicable to improvements to the existing lift station or
construction of a new station. Any legal opinion for
nonconforming use would be by the City Attorney.
Mr. Sylvester Knapp
January 30, 1990
Page #3
We will assume that additional land from Hennepin County
Parks will be available south of the existing station for
added or new facilities.
One of the improvements suggested in the October 12, 1989 memo
provided inspecting the 16" force main for corrosion. We
anticipate this will be done by the City and have not included
any work effort for that task.
The option of providing a new submersible pump lift station will
include estimating the cost of the station, the pumps and a
metering manhole. Part of this modification would include
salvaging and revising the existing standby generator and fuel
tank. The evaluation would include a review of the existing fuel
system for compliance with the current Federal requirements for
underground storage tanks.
We will contact the Metropolitan Waste Control Commission (MWCC)
to obtain flow monitoring records and also discuss MWCC
participation in the station cost. Other records, including flow
projections, plans and specifications from the original station
construction and the 1981 station rehabilitation project will be
furnished by the City.
A draft report will be prepared and presented to you and your
staff for discussion and comments. Following your review, a
final report will be prepared. We anticipate this preliminary
study will take six to 10 weeks to complete.
We estimate the cost for this preliminary investigation for
improvements to Lift Station No. 2 will not exceed $14,900 -
$15,500. Compensation will be based on payroll cost times a
multiplier of 2.13 plus mileage and expenses.
We appreciate the opportunity to present this proposal and look
forward to doing the work. If you have any questions regarding
this proposal, please contact me.
Mr. Sylvester Knapp
January 30, 1990
Page #4
If this proposal is acceptable to the City, we would appreciate '
receiving a signed copy for our files and your authorization to
proceed with the investigation.
Sincerely,
Short - Elliott - Hendrickson, Inc.
Jd n H. Stodo a, P.E.
MAnager,
Environmental Engineering Dept.
_Z�
Donald E. Lund, P.E.
President
APPROVED:
BY:
DATE:
APPROVED: BY CITY COUNCIL ON
`(date)
BY: Mayor
DATE:
BY: City Manager
DATE:
CITY OF BROOKLYN CENTER Council Meeting Date 2/12/90
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
0 ITEM DESCRIPTION:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -H (SHINGLE CREEK
PARKWAY GEOMETRIC IMPROVEMENTS 1989 -18) AND (BROOKDALE SQUARE ENTRANCE
1989 -19)
DEPT. APPROVAL:
* * * * * * * * * * * ** * I'll PPS *D *R * ** OR *o ** P *B * * * * *W ** * * * * * * * * * * * * * * * * * * * * * * * * * * * **
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached
• Contract 1989 -H, Shingle Creek Parkway Geometric Improvements (Improvement
Project 1989 -18) and Brookdale Square Entrance (Improvement Project 1989 -19)
has been completed by Thomas and Sons Construction Company. The City Council
awarded the bid as per Resolution No. 89 -157 in the amount of $150,882.10.
Due to an underestimation of quantities, the final contract amount is
$5,851.19 over the original contract. That entire amount will be included in
the special assessments to Brookdale Square.
It is requested that the Council approve final payment in the amount of
$156,733.29.
City Council Action Required
Adopt the attached resolution.
_1
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -H
(SHINGLE CREEK PARKWAY GEOMETRIC IMPROVEMENTS 1989 -18) AND
(BROOKDALE SQUARE ENTRANCE 1989 -19)
WHEREAS, pursuant to written Contract 1989 -H signed with the City of
Brooklyn Center, Minnesota, Thomas and Sons Construction Company has
satisfactorily completed the following improvement in accordance with said
contract:
SHINGLE CREEK PARKWAY GEOMETRIC IMPROVEMENTS 1989 -18 AND
BROOKDALE SQUARE ENTRANCE 1989 -19
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.
As Approved Final Amount
Improvement Project 1989 -18 $ 53,441.60 $ 52,380.20
Improvement Project 1989 -19 97.440.50 104,353.09
$150,882.10 $156,733.29
2. The value of work performed is more than the original contract
amount by $5,851.19 due to an underestimation of 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 $156,733.29.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the
p foregoing resolution was duly econded b
g g
y y
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 2/12 so �7
Agenda Item Number / (2—
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Resolution Authorizing the Mayor and City Manager to Enter into an Agreement between the City of
Brooklyn Center and North Hennepin Mediation Project
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Personnel Coordinator
Signature - title
************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * **
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached _)
At the January 8, 1990, city council meeting, the city council considered a resolution regarding an
• agreement between the City and North Hennepin Mediation Project (NHMP). Members of the city
council requested additional information from NHMP, and this was forwarded to council members from
the city manager.
The attached agreement has been amended in the section headed "Services Provided" as follows
(brackets indicate matter to be deleted, underline indicates new matter):
b. Mediation services for resolving [ordinance and] nonordinance related neighborhood disputes.
C. Mediation services for resolving juvenile justice system disputes, as may be referred from
Peacemaker Center provided that the records and identity of the juvenile shall be provided
to NHMP pursuant to Minn. Stat. 260.161.
RECOMMENDED CITY COUNCIL ACTION: Pass A Resolution Authorizing the Mayor and City
Manager to Enter into an Agreement between the City of Brooklyn Center and North Hennepin
Mediation Project.
•
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN
CENTER AND NORTH HENNEPIN MEDIATION PROJECT
WHEREAS, the City of Brooklyn Center has allocated
$5,000 in the 1990 budget, Unit 52, Object 4420 for mediation
services; and
WHEREAS, the City of Brooklyn Center and North Hennepin
Mediation Project are desirous of renewing an agreement for the
provision of services from the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Brooklyn Center:
1. The Council has reviewed the Agreement Between the
City of Brooklyn Center and North Hennepin
Mediation Project and finds that the execution of
the agreement is in the best interest of the City
of Brooklyn Center.
2. The Mayor and City Manager are authorized and
directed to execute the agreement on behalf of the
City.
3. The City Manager is directed to transmit an
executed copy of the agreement to North Hennepin
Mediation Project.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
AGREEMENT BETWEEN
CITY OF BROOKLYN CENTER
and
NORTH HENNEPIN MEDIATION PROJECT
This Agreement is made the 8th day of January, 1990, between the City of
Brooklyn Center, hereinafter referred to as the City, and the North Hennepin
Mediation Project, hereinafter referred to as NHMP;
In consideration of the covenants set forth herein, the City and NHMP agree as
follows:
Services Provided NHMP, within its financial resources, agrees to provide
its full range of professional and volunteer services to the residents of the
City including, without limitation, the following:
a. Mediation services for citizens - City disputes resulting from
conflicts in enforcement of City ordinances, rules, and regulations.
b. Mediation services for resolving nonordinance related neighborhood
disputes.
C. Mediation services for resolving juvenile justice system disputes, as
may be referred from Peacemaker Center, provided that the records and
identity of the juvenile shall be provided to NHMP pursuant to Minn.
Stat. 260.161.
d. Such other services of a similar nature as may be assigned from time
to time by the City Manager of the City and as agreed to by the NHMP
Board of Directors.
Limitations and Report NHMP shall not compete with the City or other Social
Agencies by providing services which overlap with services provided by the
City or other Social Agencies unless such services can be provided more
efficiently and effectively by NHMP. NHMP shall submit an annual report to
the City outlining the services provided to the City during the
y g preceding
year.
Liabilities. The City shall not exercise control of the process, means, or
procedures used in providing services hereunder, shall provide no directive
to, and shall not interfere with NHMP or its employees or volunteers in the
performance of the services required by this contract. NHMP volunteers and
employees shall not be considered employees of the City and shall be under the
direct control of NHMP. NHMP agrees to indemnify the City and hold the City
harmless from any liability, claim, demand or action of any kind, including
legal expenses, arising out of NHMP activities, and NHMP shall carry a policy
of comprehensive general liability insurance, including contractual. liability
insurance, in an amount approved by the City to cover this agreement. NHMP
shall provide certificates of insurance to the City with the signing of this
agreement. It is understood that this insurance requirement does not
constitute all of the insurance that may be necessary.
Duration. The services provided by NHMP hereunder shall commence on the
1st day of January, 1990, and continue until December 31, 1990. It is
understood between the parties that NHMP intends to continue to provide
similar services after expiration of this contract, as a volunteer
organization. Nothing in this contract shall be construed to mean that the
City shall renew this contract in the event that NHMP continues to provide
such services to the residents of the City of Brooklyn Center after expiration
of this contract.
Payment. The City agrees to pay the sum of Five Thousand ($5,000) Dollars for
the services provided hereunder, for the term of the contract. The sum of
$5,000 shall be the total obligation of the City under this contract and shall
be payable to NHMP as follows: $2,500 on March 12, 1990, and $2,500 on
July 23, 1990, in order to provide the services required hereunder. In the
event that NHMP fails to provide the services hereunder, discontinues its
operation, or otherwise breaches the contract in any material way, NHMP shall
refund to the City the amount determined by dividing the number of days
remaining under this contract by 365 days and expressing the quotient in
percentum and then multiplying the said percentum times the total contract
price. In the event the quality of services required by this contract is not
acceptable to the City, this agreement may be terminated.
Miscellaneous. In an effort to improve the quality of mediation services
provided by this agreement, the City and NHMP agree to exchange information
and ideas, maintain open communication, and respond to all disputes,
misunderstandings, and recommendations. The parties agree that this contract
is not assignable and that the contract shall become effective upon approval
by the NHMP Board of Directors and the execution thereof by the President and
Corporate Secretary, and upon the approval by the City Council of the City of
Brooklyn Center and execution thereof by the Mayor and City Manager. The City
shall be a corporate member of the NHMP.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
CITY OF BROOKLYN CENTER
Mayor
City Manager
NORTH HENNEPIN MEDIATION PROJECT
President
Corporate Secretary
CITY OF BROOKLYN CENTER Council Meeting Date -� r / A loo
7
Agenda Item Number / c /
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AUTHORIZING REPLACEMENT OF LOST RESUSCITATOR
AND TRANSFERRING FUNDS FROM CONTINGENCY FOR THE PURCHASE
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL.
Jam, 7i
Signature title -James Lindsay, Chief of Police
MANAGER'S EW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
• SUMMARY EXPLANATION: (supplemental sheets attached yes )
The police department carries a resuscitator in each squad car for use at incidents
where this type of medical attention is required. After an accident on December 8,
1989 where several agencies were involved, it was discovered the resuscitator out of
squad car 302 was missing. An attempt was made to locate the missing resuscitator.
At this time the department has been unable to locate the resuscitator. Detailed
reports of this incident are attached. We therefore request monies from contingency
to purchase a new resuscitator for squad car 302.
RECOMMENDATION:
The City Council authorize the replacement of the missing resuscitator and the
transfer of funds from contingency for the purchase.
I
�u
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET
TO APPROPRIATE FUNDS FOR REPLACEMENT OF POLICE RESUSCITATOR
-----------------------------------------------------------
WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn
Center does provide for a contingency appropriation as a part of the General
Fund Budget, and further provides that the contingency appropriation may be
transferred to any other appropriation by the City Council; and
WHEREAS, a resuscitator was lost at the scene of an accident from a
squad car on December 8, 1989; and
WHEREAS, said loss was not covered by insurance because the loss was
less then the deductible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the 1990 General Fund Budget as follows:
Increase the Appropriations for the following line items:
--------------------------------------------------------
Police Protection Other Equipment Account No. 4552 $485.00
Decrease the Appropriations for the following line items:
--------------------------------------------------------
Unallocated Expenses Contingency Account No. 4995 $485.00
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: James Lindsay, Chief of Police
DATE: January 26, 1990
SUBJECT: Replacement of Lost Resuscitator
The police department lost a resuscitator from vehicle 302 at an accident scene
on December 8, 1989. This was a chase involving this department ending in
Brooklyn Park at 97th and Russell. Six people were seriously injured in the
accident. Sergeant McComb, in charge at the scene, believed the resuscitator
accompanied an injured person to the hospital. This would be an usual
situation. We would not unhook one resuscitator only to hookup the
ambulance resuscitator.
Later when McComb checked at North Memorial Hospital, he was told it was
returned to Brooklyn Park Fire Department who were also on the scene.
When he called Brooklyn Park Fire Department, they confirmed they had it
and would send it to us. After several days when it was not received, another
call was made to Brooklyn Park Fire Department. They were unable to locate
it at that time.
We have rechecked all assisting agencies at the accident. No one was able to
locate the resuscitator. The cost of a new unit is $485.00. We have waited six
weeks for it to reappear, with no results. I recommend the unit be replaced
using monies from the Council Contingency Fund.
CITY OF BROOKLYN CENTER
SUPPLEMENTARY REPORT
Case No. 89 -22001
Outside Offense: Yes No
Nature of Offense: LOST PROPERTY #95n'�
Location of Offense: 97th and Russell
Date Reported: 12 -08 -89 Time: 2350
Date Committed: 12 -08 -89 Time: 23 -50
Total Value of Loss: $500.00 _
Name of Complainant: Sergeant McCOMB DOB:
Address of Complainant: Brooklyn Center Police Department
City & State: Brooklyn Center, MN 55430
Res. Phone: Bus. Phone: 561 -5443
Disposition: Unfounded Clyd by Arrest Exc Clyd
Inactive Other A
Arrests: Adult Juvenile None X
Officer Assigned to Case: McCOMB
Transferred to:
Spvr. App.
Date and Time Report Made: 12 -11 -89 @ 0700
Sergeant McCOMB assisted at the scene of a personal injury accident
0 having resulted from a police pursuit. (See JCF 89- 21831) During the
course of rendering first aid to victims of the accident Sergeant McCOMB
utilized the resuscitator out of squad #302. Upon completion of caring
for the injured and seeing to them being transported to the hospital by
ambulance Sergeant McCOMB was unable to locate his resuscitator used on
victims of the accident. Checks were made with the Brooklyn Park
Police, Brooklyn Park Fire, North Memorial Ambulance Service, North
Memorial Hospital and Hennepin County Medical Center in an attempt to
locate the resuscitator used and all attempts to locate this
resuscitator provide unsuccessful.
Sergeant WERNER was given information concerning this particular matter
and he also attempted to follow up the situation with negative results.
The resuscitator was not left at the scene, it was not left in the two
vehicles which were towed and apparently was lost somewhere either in an
ambulance, fire truck or Brooklyn Park squad car. In any event the
resuscitator to date has not shown up.
This report is being made for informational purposes.
Resuscitator $500.00
TOTAL VALUE OF LOSS $500.00
McCOMB
ss
BROOKLYN CENTER POLICE
INVESTIGATION REPORT
Form 17
Offense
Sergeant Stephen McCONB Z
Complainant
Brooklyn Center Police Department
Address 89-22001
On January 15, 1990, Captain Kline completed a re -check with all
police, fire and ambulance services connected with the personal injury
accident at 97th and Russell Avenue North where Sergeant McComb
reported that a resuscitator was lost and none of the assisting
agencies could come up with the resuscitator from squad 302. As of
January 22, 1990, Captain Kline is unable to locate anyone who recalls
seeing the resuscitator or anyone who may have picked it up and
handled it at the accident scene after it was set down by Sergeant
McComb while he was assisting injured parties.
At this time, the resuscitator is believed to be lost from the
department for good.
KLINE
01 -23 -90
pis
Signed Date
Time
6rooklyn P,,g. & Ad,. Co. i.e. (612) 5611470
1 7 e
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACKNOWLEDGING GIFT
FROM THE BROOKLYN CENTER LIONS CLUB
-----------------------------------
WHEREAS, THE BROOKLYN CENTER LIONS CLUB has presented the City a gift
of two thousand five hundred dollars ($2,500) and has designated that it be used
to purchase a television projector for Constitution Hall in the Community Center;
and
WHEREAS, the City Council is appreciative of the gift and commends the
Brooklyn Center Lions Club for its civic efforts:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to acknowledge the gift with gratitude; and
BE IT FURTHER RESOLVED that the gift of $2,500 be appropriated to the
Community Center Other Equipment Budget to be used to purchase a television
projector for Constitution Hall.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER Council Meeting Date 2 -12 -90
e
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
1990 -91 LOCAL 49 LABOR AGREEMENT
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Signature - title
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attach rd
Attached please find copy of a proposed labor agreement for the Public Works Local 49 bargaining
unit for 1990 and 1991. The proposed salary increase for the maintenance II rate is 4% in both '90
and '91. In 1990 the insurance contribution by the employer is $240 per month, the same as for all
other employees in Brooklyn Center, organized and nonorganized. The employer's insurance
contribution for 1991 is open for negotiations. There is an additional provision in this proposed
• contract which allows the City to unilaterally renegotiate 1991 wage rates should the interpretation
or text of the Pay Equity Act or related laws cause the need for changes in our comparable worth
implementation plan. The proposed agreement is retroactive to January 1, 1990.
Other changes from previous contracts, in addition to those mentioned above, are as follows: 1.
Wage rate for the crew leader is increased to provide 14 cents per hour differential above the
maintenance III rate. This is increased to recognize the increased responsibility of a crew leader
over that of a heavy equipment operator. 2. Beginning rate for a maintenance II position receives
a 3% increase. 3. The maintenance I11 rate in the contract will receive the same cents per hour
increase as the maintenance 11 rate ($.50 per hour). 4. Sections of the contract relating to employee
discipline were modified to be in compliance with the Weingarten rules and regulations, State of
Minnesota. 5. In addition to the above, there were a number of nonsubstantive changes within the
contract language detailed in the attached summary.
The provisions of this contract were tentatively agreed to by Local 49's bargaining committee and
business agent on February 8, 1990, and they have indicated to me that sometime between February 8
and City Council's consideration of this agreement on Monday evening, February 12, they will
recommend to and meet with their bargaining unit to vote on the proposal. They will notify my
office of the vote of their membership prior to your consideration of the contract at your meeting on
Monday, February 12, 1990.
RECOMMENDATION:
We recommend City Council pass a motion authorizing the mayor and manager to sign the proposed
agreement (assuming we are notified of favorable union membership action). This agreement
represents a settlement which is consistent with negotiations in the metropolitan area and internal
• negotiations with other bargaining units in the City. It is also consistent with the Council's action
on nonorganized salaries in 1990.
SUMMARY OF PROPOSED CHANGES TO LABOR AGREEMENT
BETWEEN THE CITY OF BROOKLYN CENTER AND THE
INTERNATIONAL UNION OF OPERATING ENGINEER (IUOE)
LOCAL NO. 49 AFL -CIO
MASTER LABOR AGREEMENT
The order of articles in the agreement has been slightly changed
to provide a more logical flow of items in the agreement. A
comparison of the new article numbers against the old article
numbers is provided at the beginning of the master agreement.
Insurance benefits are now listed in Appendix A.
Duration of the agreement: January 1, 1990 - December 31, 1991
(two year agreement with benefits and wages retroactive to
January 1, 1990).
Article II Recognition
- Inclusion of job classifications: Mechanic, Maintenance
I, Maintenance II, and Night Service Person
Article VIII, 8.4, Step 5 - Employee Rights- Grievance Procedure
- New language underlined:
If the parties cannot agree upon an arbitrator the
selection of an arbitrator shall be made in accordance
with the "Rules Governing the Arbitration of
Grievances" as established by the Public Employment
Relations Board.
Article X Discipline
- New section added:
10.2 An EMPLOYEE(S) will not be required to
participate in an investigatory interview by the
EMPLOYER where the information gained from the
interview could lead to the discipline of the
EMPLOYEE(S) unless the EMPLOYEE(S) is given the
opportunity to have a UNION REPRESENTATIVE present at
the interview to act as a witness for the EMPLOYEE(S).
APPENDIX A - WAGES AND INSURANCE
WAGES
- See Attachment A for a summary of wages and a comparison
of the increases. Note that the rate for Crew Leader is
changed from an hourly differential rate to an hourly
rate.
Y
- New language added to A -I:
The EMPLOYER reserves the unilateral right to
renegotiate the item of wages for calendar year 1991 if
changes are made in the text or interpretation of the
State of Minnesota Pay Equity Act or related
legislation which, in the opinion of the EMPLOYERS
City attorney, make it necessary or expedient to
renegotiate wages to comply or attempt to comply with
the requirements of law.
- Equipment lists for working out of classification pay have
been updated.
- A -IIIb amended (bracketed language will be deleted):
EMPLOYEES[hired after February 7, 1984, in the
Maintenance I classification who are] required by the
EMPLOYER and who are adjudged by the EMPLOYER to be
qualified to operate the following items of equipment
will be paid the Maintenance II rate of pay for those
hours assigned to the unit.
INSURANCE
- Maximum EMPLOYER contribution in 1990: $240.00 /month
- Open for negotiations for 1991
- Amount of insurance dollars EMPLOYEES may designate
towards dental insurance: increased from $15.00 /month to
$20.00 /month
APPENDIX B - LOCAL ADDENDUM
B -V Holiday leave
- Addition of Martin Luther King, Jr. Day, third Monday in
January
- New language added:
In the event this AGREEMENT is not entered into by
January 15, 1990, one additional floating holiday shall
be granted in lieu of Martin Luther King, Jr. Day, to
be scheduled with permission of the EMPLOYEE'S
supervisor.
ATTACHMENT A
PROPOSED WAGES - LOCAL 49
1989 1990 1991
Hourly Hourly % $ Hourly % $
CLASSIFICATION Rate Rate Increase Rate Increase
Maintenance III $12.98 $13.48 3.9% $0.50 $14.00 3.9% $0.52
Maintenance II $12.46 $12.96 4.0% $0.50 $13.48 4.0% $0.52
Step 3 $11.64 $12.08 3.8% $0.44 $12.54 3.8% $0.46
Step 2 $10.82 $11.21 3.6% $0.39
$11.61 3.6$ $0.40
Step 1 $ 9.99
$10.33 3.4$ $0.34 $10.67 3.3% $0.34
Beginning $ 9.17 $ 9.45 3.0% $0.28 $ 9.73 3,0% $0.28
Mechanic $12.98
$13.50 4.0% $0.52 $14.04 4.0% $0.54
Night Service Person $12.26 $12.75 4.0% $0.49 $13.26 4.0% $0.51
Welding $12.73
$13,24 4.0% $0.51 $13.77 4.0$ $0.53
Crew Leader $ 0.54 /hr $13.62 4.8% $0.62 $14.17 4.0% $0.55
differential
MASTER LABOR AGREEMENT
BETWEEN THE
CITY OF BROOKLYN CENTER
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE)
LOCAL NO. 49,
AFL -CIO
JANUARY 1, 1990 - DECEMBER 31, 1991
MASTER CONTRACT
NEW
IF CHANGED,
PREVIOUS
ARTICLE NO. ARTICLE NO.
I PURPOSE OF AGREEMENT
II RECOGNITION
III DEFINITIONS VII
IV SAVINGS CLAUSE VIII
V UNION SECURITY III
VI EMPLOYER SECURITY IV
VII EMPLOYER AUTHORITY V
VIII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE VI
IX SENIORITY XV
X DISCIPLINE XIV
XI PROBATIONARY PERIODS XVI
XII WORK SCHEDULES IX
XIII OVERTIME PAY x
XIV CALL BACK XI
XV SAFETY XVII
XVI JOB POSTING XVIII
XVII LEGAL DEFENSE XII
XVIII RIGHT OF SUBCONTRACT XIII
XIX SCOPE OF AGREEMENTS XX
XX WAIVER XXI
XXI DURATION XXII
i
TABLE OF CONTENTS
ARTICLE PAGE
I PURPOSE OF AGREEMENT 1
II RECOGNITION 2
III DEFINITIONS 2
IV SAVINGS CLAUSE 3
V UNION SECURITY 3
VI EMPLOYER SECURITY 4
VII EMPLOYER AUTHORITY 4
VIII EMPLOYER RIGHTS - GRIEVANCE PROCEDURE 5
IX SENIORITY 11
X DISCIPLINE 11
XI PROBATIONARY PERIODS 11
XII WORK SCHEDULES 12
XIII OVERTIME PAY 13
XIV CALL BACK 13
XV SAFETY 14
XVI JOB POSTING 14
XVII LEGAL DEFENSE 14
XVIII RIGHT OF SUBCONTRACT 15
XIX SCOPE OF AGREEMENTS 15
X
X WAIVER
15
XXI DURATION 16
APPENDIX A - WAGES AND INSURANCE A -1
APPENDIX B - LOCAL ADDENDUM B -1
ii
LABOR AGREEMENT
BETWEEN
THE CITY OF BROOKLYN CENTER
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 49,
AFL -CIO
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Brooklyn Center
hereinafter called the EMPLOYER, and Local No. 49, International
Union of Operating Engineers, AFL -CIO, hereinafter called the
UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain hours, wages and other conditions of
employment;
1.2 Establish procedures for the eso
r lution of disputes
concerning this AGREEMENT'S interpretation and /or
application;
1.3 Specify the full and complete understanding of the parties;
and
1.4 Place in written form the parties' agreement upon terms and
conditions of employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their
dedication to the highest quality of public service. Both parties
recognize this AGREEMENT as a pledge of this dedication.
-1-
ARTICLE II RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative
for all EMPLOYEES in the job classifications listed below who are
public EMPLOYEES within the meaning of Minn. Stat. 179A.03,
Subdivision 14 excluding supervisory, confidential and all other
EMPLOYEES: Mechanic, Maintenance I, Maintenance II, and Night
Service Person.
ARTICLE III DEFINITIONS
3.1 UNION The International Union of Operating Engineers,
Local No. 49, AFL -CIO.
3.2 EMPLOYER The individual municipality designated by this
AGREEMENT.
3.3 UNION MEMBER A member of the International Union of
Operating Engineers, Local No. 49, AFL -CIO.
3.4 EMPLOYEE A member of the exclusively recognized bargaining
unit.
3.5 BASE PAY RATE The EMPLOYEE'S hourly pay rate exclusive of
longevity or any other special allowance.
3.6 SENIORITY Length of continuous service in any of the job
classifications covered by ARTICLE II - RECOGNITION.
EMPLOYEES who are promoted from a job classification covered
by this AGREEMENT and return to a job classification covered
by this AGREEMENT shall have their seniority calculated on
their length of service under this AGREEMENT for purposes of
promotion, transfer and lay off and total length of service
with the EMPLOYER for other benefits under this AGREEMENT.
-2-
3.7 SEVERANCE PAY Payment made to an EMPLOYEE upon honorable
termination of employment.
3.8 OVERTIME Work performed at the express authorization of
the EMPLOYER in excess of either eight (8) hours within a
twenty -four (24) hour period (except for shift changes) or
more than forty (40) hours within a seven (7) day period.
3.9 CALL BACK Return of an EMPLOYEE to a specified work site
to perform assigned duties at the express authorization of
the EMPLOYER at a time other than an assigned shift. An
extension of or early report to an assigned shift is not a
call back.
ARTICLE IV SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the
State of Minnesota, and the signed municipality. In the event any
provision of this AGREEMENT shall be held to be contrary to law by
a court of competent jurisdiction from whose final judgment or
decree no appeal has been taken within the time provided, such
provision shall be voided. All other provisions of this AGREEMENT
shall continue in full force and effect. The voided provision may
be renegotiated at the request of either party.
ARTICLE V UNION SECURITY
In recognition of the UNION as the exclusive representative the
EMPLOYER shall:
5.1 Deduct each payroll period an amount sufficient to provide
-3-
the payment of dues established by the UNION from the wages
of all EMPLOYEES authorizing in writing such deduction, and
5.2 Remit such deduction to the appropriate designated officer
of the UNION.
5.3 The UNION may designate certain EMPLOYEES from the
bargaining unit to act as stewards and shall inform the
EMPLOYER in writing of such choice.
5.4 The UNION agrees to indemnify and hold the EMPLOYER harmless
against any and all claims, suits, orders, or judgments
brought or issued against the City as a result of any action
taken or not taken by the City under the provisions of this
Article.
ARTICLE VI EMPLOYER SECURITY
The UNION agrees that during the life of this AGREEMENT it will
not cause, encourage, participate in or support any strike, slow
down, other interruption of or interference with the normal
functions of the EMPLOYER.
ARTICLE VII EMPLOYER AUTHORITY
7.1 The EMPLOYER retains the full and unrestricted right to
operate and manage all manpower, facilities, and equipment;
to establish functions and programs; to set and amend
budgets; to determine the utilization of technology; to
establish and modify the organizational structure; to
select, direct and determine the number of personnel; to
-4-
establish work schedules; and to perform any inherent
managerial function not specifically limited by this
AGREEMENT.
7.2 Any term and condition of employment not specifically
established or modified by this AGREEMENT shall remain
solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
ARTICLE VIII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
8.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to
the interpretation or application of the specific terms and
conditions of this AGREEMENT.
8.2 UNION REPRESENTATIVES
The EMPLOYER will recognize representatives designated by
the UNION as the grievance representatives of the bargaining
unit having the duties and responsibilities established by
this Article. The UNION shall notify the EMPLOYER in
writing of the names of such UNION representatives and of
their successors when so designated.
8.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER
that the processing of grievances as hereinafter provided is
limited by the job duties and responsibilities of the
EMPLOYEES and shall therefore be accomplished during normal
working hours only when consistent with such EMPLOYEE duties
-5-
and responsibilities. The aggrieved EMPLOYEE and the 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 the EMPLOYEE and the UNION REPRESENTATIVE have
notified and received the approval of the designated
supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs
of the EMPLOYER.
8.4 PROCEDURE
Grievances, as defined by Section 8.1, shall be resolved in
conformance with the following procedure:
Step 1 . An EMPLOYEE claiming a violation concerning the
interpretation or application of this AGREEMENT
shall, within twenty -one (21) calendar days after
such alleged violation has occurred, present such
grievance to the EMPLOYEE'S supervisor as
designated by the EMPLOYER. The EMPLOYER -
designated representative will discuss and give an
answer to such Step 1 grievance within ten (10)
calendar days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be
placed in writing setting forth the nature of the
grievance, the facts on which it is based, the
provision or provisions of the AGREEMENT allegedly
violated, and the remedy requested and shall be
appealed to Step 2 within ten (10) calendar days
after the EMPLOYER - designated representative's
final answer in Step 1. Any grievance not appealed
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
-7-
following the EMPLOYER - designated representative's
final answer in Step 3. Any grievance not appealed
in writing to Step 4 by the UNION within ten (10 )
calendar days shall be considered waived.
Step 4 . A grievance unresolved in Step 3 and appealed in
Step 4 shall be submitted to the Minnesota Bureau
of Mediation Services. A grievance not resolved in
Step 4 may be appealed to Step 5 within ten (10)
calendar days following the EMPLOYER'S final answer
in Step 4. Any grievance not appealed in writing
to Step 5 by the UNION within ten (10) calendar
days shall be considered waived.
Step 5 . A grievance unresolved in Step 4 and appealed in
Step 5 shall be submitted to arbitration subject to
the provisions of the Public Employment Labor
Relations Act of 1971, as amended. If the parties
cannot agree upon an arbitrator, the selection of
an arbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as
established by the Public Employment Relations
Board.
8.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the terms and
conditions of this AGREEMENT. The arbitrator shall
consider and decide only the specific issue(s) submitted
in writing by the EMPLOYER and the UNION, and shall have
-8-
no authority to make a decision on any other issue not
so submitted.
B. The arbitrator shall be without power to make decisions
contrary to, or inconsistent with, or modifying or
varying in any way the application of laws, rules, or
regulations having the force and effect of law. The
arbitrator's decision shall be submitted in writing
within thirty (30) days following the close of the
hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an
extension. The decision shall be binding on both the
EMPLOYER and the UNION and shall be based solely on the
arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the
grievance presented.
C. The fees and expenses for the arbitrator's services and
proceedings shall be borne equally by the EMPLOYER and
the UNION provided that each party shall be responsible
for compensating its own representatives and witnesses.
If either party desires a verbatim record of the
proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties
desire a verbatim record of the proceedings the cost
shall be shared equally.
8.6 WAIVER
If a grievance is not presented within the time limits set
forth above, it shall be considered "waived." If a
grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it
shall be considered settled on the basis of the EMPLOYER'S
last answer. If the EMPLOYER does not answer a grievance or
an appeal thereof within the specified time limits, the
UNION may elect to treat the grievance as denied at that
step and immediately appeal the grievance to the next step.
The time limit in each step may be extended by mutual
agreement of the EMPLOYER and the UNION.
8.7 CHOICE OF REMEDY
If, as a result of the EMPLOYER response in Step 4, the
grievance remains unresolved, and if the grievance involves
the suspension, demotion, or discharge of an EMPLOYEE who
has completed the required probationary period, the
grievance may be appealed either to Step 5 of ARTICLE VII or
a procedure such as: Civil Service, Veteran's Preference,
or Fair Employment. If appealed to any procedure other than
Step 5 of ARTICLE VIII the grievance is not subject to the
arbitration procedure as provided in Step 5 of ARTICLE VIII.
The aggrieved EMPLOYEE shall indicate in writing which
procedure is to be utilized- -Step 5 of ARTICLE VIII or
another appeal procedure - -and shall sign a statement to the
effect that the choice of any other hearing precludes the
aggrieved EMPLOYEE from making a subsequent appeal through
Step 5 of ARTICLE VIII.
-10-
ARTICLE IX SENIORITY
9.1 Seniority will be the determining criterion for transfers,
promotions and lay offs only when all job - relevant
qualification factors are equal.
9.2 Seniority will be the determining criterion for recall when
the job - relevant qualification factors are equal. Recall
rights under this provision will continue for twenty -four
(24) months after lay off. Recalled EMPLOYEES shall have
ten (10) working days after notification of recall by
registered mail at the EMPLOYEE'S last known address to
report to work or forfeit all recall rights.
ARTICLE X DISCIPLINE
10.1 The EMPLOYER will discipline EMPLOYEES only for just cause.
10.2 An EMPLOYEE(S) will not be required to participate in an
investigatory interview by the EMPLOYER where the
information gained from the interview could lead to the
discipline of the EMPLOYEE(S) unless the EMPLOYEE(S) is
given the opportunity to have a UNION REPRESENTATIVE present
at the interview to act as a witness for the EMPLOYEE(S).
ARTICLE XI PROBATIONARY PERIODS
11.1 All newly hired or rehired EMPLOYEES will serve a six (6)
months' probationary period.
11.2 All EMPLOYEES will serve a six (6) months' probationary
period in any job classification in which the EMPLOYEE has
not served a probationary period.
-11-
11.3 At any time during the probationary period a newly hired or
rehired EMPLOYEE may be terminated at the sole discretion of
the EMPLOYER.
11.4 At any time during the probationary period a promoted or
reassigned EMPLOYEE may be demoted or reassigned to the
EMPLOYEE'S previous position at the sole discretion of the
EMPLOYER.
ARTICLE XII WORK SCHEDULES
12.1 The sole authority of work schedules is the EMPLOYER. The
normal work day for an EMPLOYEE shall be eight (8) hours.
The normal work week shall be forty (40) hours Monday
through Friday.
12.2 Service to the public may require the establishment of
regular shifts for some EMPLOYEES on a daily, weekly,
seasonal, or annual basis other than the normal 8:00 - 4:30
day. The EMPLOYER will give seven (7) days advance notice
to the EMPLOYEES affected by the establishment of work days
different from the EMPLOYEE'S normal eight (8) hour work
day.
12.3 In the event that work is required because of unusual
circumstances such as (but not limited to) fire, flood,
snow, sleet, or breakdown of municipal equipment or
facilities, no advance notice need be given. It is not
required that an EMPLOYEE working other than the normal work
day be scheduled to work more than eight (8) hours; however,
-12-
each EMPLOYEE has an obligation to work overtime or call
backs if requested unless unusual circumstances prevent the
EMPLOYEE from so working.
12.4 Service to the public may require the establishment of
regular work weeks that schedule work on Saturdays and /or
Sundays.
ARTICLE XIII OVERTIME PAY
13.1 Hours worked in excess of eight (8) hours within a twenty -
four (24) hour period (except for shift changes) or more
than forty (40) hours within a seven (7) day period will be
compensated for at one and one -half (1 -1/2) times the
EMPLOYEE'S regular base pay rate.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by EMPLOYEES will for record purposes under
ARTICLE 13.2 be considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime
hours worked shall not be pyramided, compounded, or paid
twice for the same hours worked.
ARTICLE XIV CALL BACK
An EMPLOYEE called in for work at a time other than the EMPLOYEE'S
normal scheduled shift will be compensated for a minimum of two
(2) hours' pay at one and one -half (1 -1/2) times the EMPLOYEE'S
base pay rate.
-13-
ARTICLE XV SAFETY
The EMPLOYER and the UNION agree to jointly promote safe
g J Y P and
healthful working conditions, to cooperate in safety matters and
to encourage EMPLOYEES to work in a safe manner.
ARTICLE XVI JOB POSTING
16.1 The EMPLOYER and the UNION agree that permanent job
vacancies within the designated bargaining unit shall be
filled based on the concept of promotion from within
provided that applicants:
16.11 have the necessary qualifications to meet the
standards of the job vacancy; y, and
16.12 have the ability to perform the duties and
responsibilities of the job vacancy.
16.2 EMPLOYEES filling a higher job class based on the provisions
of this ARTICLE shall be subject to the conditions of
ARTICLE XI (PROBATIONARY PERIODS).
16.3 The EMPLOYER has the right of final decision in the
selection of EMPLOYEES to fill posted jobs based on
qualifications, abilities and experience.
16.4 Job vacancies within the designated bargaining unit will be
posted for five (5) working days so that members of the
bargaining unit can be considered for such vacancies.
ARTICLE XVII LEGAL DEFENSE
17.1 EMPLOYEES involved in litigation because of negligence,
-14-
ignorance of laws, non - observance of laws, or as a result of
EMPLOYEE judgmental decision may not receive legal defense
by the municipality.
17.2 Any EMPLOYEE who is charged with a traffic violation,
ordinance violation or criminal offense arising from acts
performed within the scope of the EMPLOYEE'S employment,
when such act is performed in good faith and under direct
order of the EMPLOYEE'S supervisor, shall be reimbursed for
reasonable attorney's fees and court costs actually incurred
by such EMPLOYEE in defending against such charge.
ARTICLE XVIII RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of
the EMPLOYER from subcontracting work performed by EMPLOYEES
covered by this AGREEMENT.
ARTICLE XIX SCOPE OF AGREEMENTS
No addendum to this MASTER AGREEMENT can be in conflict with this
MASTER AGREEMENT.
ARTICLE XX WAIVER
20.1 Any and all prior agreements, resolutions, practices,
policies, rules and regulations regarding terms and
conditions of employment, to the extent inconsistent with
the provisions of this AGREEMENT, are hereby superseded.
20.2 The parties mutually acknowledge that during the
-15-
I
negotiations which resulted in this AGREEMENT, each had the
unlimited right and opportunity to make demands and
proposals with respect to any terms or condition of
employment not removed by law from bargaining. All
agreements and understandings arrived at by the parties are
set forth in writing in this AGREEMENT for the stipulated
duration of this AGREEMENT. The EMPLOYER and the UNION each
voluntarily and unqualifiedly waives the right to meet and
negotiate regarding any and all terms and conditions of
employment referred to or covered in this AGREEMENT or with
respect to any term or condition of employment not
specifically referred to or covered by this AGREEMENT, even
though such terms or conditions may not have been within the
knowledge or contemplation of either or both parties at the
time this contract was negotiated or executed.
ARTICLE XXI DURATION
This AGREEMENT shall be effective as of January 1, 1990, and shall
remain in full force and effect until the 31st day of December
1991
-16-
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on this day of , 199,.
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49,
AFL -CIO
Business Manager
President
Recording Secretary
Business Representative
Business Representative
FOR THE CITY OF BROOKLYN CENTER
-17-
APPENDIX A
WAGES AND INSURANCE
A -I WAGE SCHEDULE
The following wage schedule will be in effect from the first payroll period in
1990 through the last payroll period in 1990:
MAINTENANCE III ......... .........................$13.48 per hour
MAINTENANCE II .......... .........................$12.96 per hour
Step 3 .................. .........................$12.08 per hour
Step 2 ........... ............................... 1
1.21 r
.$ per hour
Step 1 .................. .........................$10.33 per hour
Beginning .......... ..............................$ 9.45 per hour
MECHANIC ................ .........................$13.50 per hour
NIGHT SERVICE PERSON .... .........................$12.75 per hour
WELDING ................. .........................$13.24 per hour
CREW LEADER ................. An EMPLOYEE assigned in writin g Y b the
department head to assist a supervisor
as a crew leader shall be paid $13.62
per hour while performing such duties.
The following wage schedule will be in effect from the first payroll period in
1991 through the last payroll period in 1991:
MAINTENANCE III ......... .........................$14.00 per hour
MAINTENANCE II .......... .........................$13.48 per hour
Step 3 .................. .........................$12.54 per hour
Step 2 .................. .........................$11.61 per hour
Step 1 .................. .........................$10.67 per hour
Beginning .......... ..............................$ 9.73 per hour
MECHANIC ................ .........................$14.04 per hour
NIGHT SERVICE PERSON .... .........................$13.26 per hour
WELDING ................. .........................$13.77 per hour
A -1
CREW LEADER ................ An EMPLOYEE assigned in writing by the
department head to assist a supervisor
as a crew leader shall be paid $14.17
per hour while performing such duties.
The EMPLOYER reserves the unilateral right to renegotiate the item of wages
for calendar year 1991 if changes are made in the text or interpretation of
the State of Minnesota Pay Equity Act or related legislation which, in the
opinion of the EMPLOYER'S City attorney, make it necessary or expedient to
renegotiate wages to comply or attempt to comply with the requirements of law.
A -II CLASSIFICATION
All EMPLOYEES hired after February 7, 1984, may be classified at the sole
discretion of the individual cities covered by this AGREEMENT as MAINTENANCE I
nd receive Working Out of Classification pay provided by ARTICLE A -III of this
APPENDIX.
A -III WORKING OUT OF CLASSIFICATION PAY
a. EMPLOYEES required by the EMPLOYER and who are adjudged by the
EMPLOYER to be qualified to operate the following items of equipment
will be paid the MAINTENANCE III rate of pay for those hours assigned
to the unit:
Caterpillar 12F Grader - Unit #12
GMC Elgin Sweeper - Unit #43
Bros SP3000 10 12 Ton Roller - Unit #18
Caterpillar #950B Fr End Loader - Unit #15
Caterpillar Fr End Loader Model 930 - Unit #13
Ford Backhoe 24 In Bucket - Unit #49 -A
John Deere Crawler Dozer - Unit #55
Elgin Pelican Americana Sweeper - Unit #28
Dragline (rental units)
Oil Distributor - Unit #14
b. EMPLOYEES required by the EMPLOYER and who are adjudged by the
EMPLOYER to be qualified to operate the following items of equipment
will be paid the MAINTENANCE II rate of pay for those hours assigned
to the unit:
Backhoe Under 15'Reach
Blacktop Paver
Bobcat - Bombardier or MT Trackless (or similar type units)
Boom Truck
Boom Truck - 30' and over
Brush Chipper
Cement Mixer
Chip Spreader /Self - propelled
,- Paint Striper - Truck Mounted
Sewer Cleaner, Hydraulic and vacuum
Steam Boiler'
A -2
Tandems
Tree Spade
Trucks - 10 Ton, 4 WD
Trucks - Single - Axle Over 24,000 GVW
Any vehicle requiring a State of Minnesota "CDL" Operators License
C. EMPLOYEES assigned by the EMPLOYER to Utility Operator will be paid
the wage rate of the job classification to which the EMPLOYEE is
assigned.
A -IV INSURANCE
a. The EMPLOYER will contribute up to a maximum of two hundred forty
dollars ($240.00) per month per EMPLOYEE for group health and life
insurance including dependent coverage for calendar 1990.
b. The item of group health and life insurance shall be open for
negotiations for calendar year 1991.
C. By mutual agreement, EMPLOYEES may use twenty dollars ($20.00) of the
per month per EMPLOYEE of health insurance dollars in Section A -IVa.
for dental insurance for all unit EMPLOYEES.
d. EMPLOYEES not choosing dependent coverage cannot be covered at
EMPLOYER expense for any additional insurance than the individual
group health and group life insurance. Additional life insurance can
be purchased by EMPLOYEES at the EMPLOYEE'S expense to the extent
allowed under the EMPLOYER'S group policy.
e. Individual EMPLOYEES may provide for an increased EMPLOYER
contribution for insurances over that amount stipulated by A -IVa, by
lowering their salary from the rates stipulated in APPENDIX A to
provide for an increased EMPLOYER contribution which will fully pay
for the EMPLOYEE'S health, life, and dental insurance, including
dependent coverage.
A -3
APPENDIX B
LOCAL ADDENDUM
This supplementary agreement is entered into between the City of Brooklyn
Center and the International Union of Operating Engineers, Local No. 49, AFL-
CIO, for the period beginning January 1, 1990, and terminating on December 31,
1991, unless renewed or extended by mutual agreement of the parties.
g P
Nothing in this supplementary agreement may be in conflict with any provision
of the MASTER AGREEMENT between the City of Brooklyn Center and IUOE, Local
No. 49, AFL -CIO. In the event of conflict the MASTER AGREEMENT will prevail.
B -I RELIEF AND MEAL PERIODS
a. Two relief periods not to exceed fifteen (15) minutes are authorized
at a practicable time within each EMPLOYEE'S shift. One relief
period may be taken during the first half of the shift and the second
relief period may be taken during the second half of the shift.
b. Each EMPLOYEE shall be authorized one unpaid thirty (30) minutes meal
period per shift.
B -II SICK LEAVE
a. Eligibility Sick leave with pay shall be granted to probationary
and permanent EMPLOYEES at the rate of eight hours for each calendar
month of full -time service or major fraction thereof, except that
sick leave granted probationary EMPLOYEES shall not be available for
use until satisfactory completion of the initial probationary period.
b. Usage Sick leave may be used normally for absence from duty because
of personal illness, injury, or legal quarantine of the EMPLOYEE, or
because of serious illness in the immediate family. Immediate family
shall mean brother, sister, parents, parents -in -law, spouse, or
children of the EMPLOYEE. Sick leave may be used for the purpose of
attending the funeral of immediate family members plus brothers -in-
law, sisters -in -law, grandparents, grandparents -in -law, and
grandchildren of the EMPLOYEE. In addition to the preceding
conditions, supervisors may approve the use of sick leave, up to a
maximum of four 4 days � ( ) s 32 hours per calenda
Y ( ) p r ear , for the care
y
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.
B -1
c. Accrual Sick leave shall accrue at the rate of eight hours per
month until 960 hours have been accumulated and at the rate of four
hours per month after the 960 hours have been accumulated. EMPLOYEES
using earned vacation leave or sick leave shall be considered to be
working for the purposes of accumulating additional sick leave.
Worker's Compensation benefits shall be credited against the
compensation due EMPLOYEES during sick leave.
d. Procedure In order to be eligible for sick leave with pay,
EMPLOYEES must:
1. Notify their superior prior to the time set for the beginning of
their normal work day.
2. Keep their superior informed of their condition.
3. Furnish a statement from a medical practitioner upon the request
of the EMPLOYER where the EMPLOYER has reason to believe that an
EMPLOYEE has abused or is abusing sick leave.
I
e. Misuse Prohibited EMPLOYEES claiming sick leave when physically
fit, except as otherwise specifically authorized in ARTICLE B -II, b
shall be subject to disciplinary action up to and including
discharge.
B -III SEVERANCE PAY
Severance pay in the amount of one -third the accumulated sick leave
EMPLOYEES have to their credit at the time of resignation shall be paid
to EMPLOYEES who have been employed for at least five consecutive years.
If discharged for cause, severance pay shall not be allowed.
B -IV VACATION LEAVE
a. Amount Permanent EMPLOYEES shall earn vacation leave at a rate of
6.67 hours for each calendar month of full -time service or major
fraction thereof. Permanent EMPLOYEES with five consecutive years of
service through ten consecutive years of service shall earn vacation
at the rate of 120 hours per year. Permanent EMPLOYEES with more
than ten consecutive years of service shall earn vacation leave
according to the following schedule:
During 11th year of service 128 hours per year.
During 12th year of service 136 hours per year.
During 13th year of service 144 hours per year.
During 14th year of service 152 hours per year.
During 15th year of service 160 hours per year.
EMPLOYEES using earned vacation leave or sick leave shall be
considered to be working for purposes of accumulating additional
vacation leave.
B -2
b. Usage Vacation leave may be used as earned, except that the
EMPLOYER shall approve the time at which the vacation leave may be
taken. No EMPLOYEE shall be allowed vacation leave until after
satisfactorily completing his initial probationary period. EMPLOYEES
shall not be permitted to waive vacation leave and receive double
pay.
c. Accrual An EMPLOYEE may accumulate no more than 200 hours of
vacation in addition to the vacation leave the EMPLOYEE earns during
the current calendar year.
d. Termination Provisions EMPLOYEES leaving the service of the
EMPLOYER in good standing, after having given the EMPLOYER proper
notice of termination of employment, shall be compensated p for
vacation leave accrued and unpaid, computed to the date of
separation.
B -V HOLIDAY LEAVE
a. Holidays Defined Holiday leave shall be granted for the following
holidays: New Year's Day, January 1; Martin Luther King, Jr. Day,
third Monday in January; Washington's and Lincoln's Birthdays, third
Monday n Februa Memo
y y, real Da last Monday in Ma
Day, y y, Independence
Day, July 4; Labor Day, first Monday in September; Christopher
Columbus Day, second Monday in October; Veteran's Day, November 11;
Thanksgiving Day, fourth Thursday in November; Post - Thanksgiving Day,
Friday after fourth Thursday in November; Christmas Day, December 25;
and one floating holiday annually o b
g t e scheduled with h ermiss' on of
Y permission
the EMPLOYEE'S supervisor. In the event this AGREEMENT is not
entered into by January 15, 1990, in 1990, one additional floating
holiday shall be granted in lieu of Martin Luther King, Jr. Day, to
be scheduled with permission of the EMPLOYEE'S supervisor.
b. When New Year's Day, Independence Day, Veteran's Day, or Christmas
Day fall on Sunday, the following day shall be observed as a holiday.
When they fall on Saturday, the preceding day shall be observed as a
holiday. EMPLOYEES' absence from work on the day following or the
day preceding such a three -day holiday weekend with the express
authorization of the EMPLOYER shall forfeit rights to holiday pay for
that holiday.
C. EMPLOYEES working a normal Monday through Friday workweek, who are
required to be on duty on any holiday, shall be paid time and one -
half for the hours worked in addition to the base pay rate.
B -VI COVERALLS
a. The EMPLOYER will purchase and maintain sufficient sets of work
coveralls to be available and specifically assigned for wear by
EMPLOYEES, other than mechanics, when engaged in unusually dirty
tasks for the respective job classification. A determination of
coverall assignments shall rest exclusively with the EMPLOYER.
Mechanics shall be provided coveralls.
B -3
B -VII STANDBY PAY
a. Public Utility EMPLOYEES who are designated by their supervisor to
serve in a "standby" status on behalf of the City on a weekend will
receive as compensation for such service five (5) hours of overtime
pay for the period beginning the end of the work day on Friday and
ending the start of the work day on Monday when serving in such
status. Public Utility EMPLOYEES who are designated by their
supervisors to serve in a "standby" status on behalf of the City on a
holiday will receive as compensation for such service two (2) hours
of overtime pay for each holiday served in such status. Such standby
pay shall be in addition to other compensation which the EMPLOYEE is
entitled to under this AGREEMENT.
B -VIII PART -TIME EMPLOYEE BENEFITS
Part -time EMPLOYEES shall not be eligible to receive fringe benefits
under this AGREEMENT.
CITY OF BROOKLYN CENTER FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49:
DATED DATED
B -4
CITY OF BROOKLYN CENTER Council Meeting Date 2/12/90
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
AN ORDINANCE AMENDING SECTION 27 -104 OF THE BROOKLYN CENTER CODE OF ORDINANCES
AUTHORIZING THE REMOVAL OF DESTRUCTION OF ADVERTISEMENTS, BUILDINGS OR
STRUCTURES ON THE PUBLIC HIGHWAYS, STREETS OR ALLEYS
DEPT. APPROVAL:
-S 11 � k,�
SY
KNAPP DIR CTOR OF PUBLIC WO
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached
During the past several years a number of incidents have occurred in which
• property owners have placed various types of obstacles in City rights -of -way
adjacent to their property for the purpose of preventing or discouraging
vehicular traffic from encroaching on their boulevards.. The areas where this
happens most frequently is at the corners of residential intersections where
no concrete curbs are in place. Materials used may include wood or steel
posts, fences, rocks, trees or shrubbery, and possibly a kitchen sink or two.
Section 27 -104 of the City Code adopts, by reference, Chapter 160 of the
Minnesota Statutes. That chapter provides detailed regulations which apply to
public rights -of -way to the extent that virtually nothing could be done within
the public right -of -way. However, the City Attorney has advised the
Administrative Traffic Committee that this section of the code does not now
allow the City to summarily remove any object which was placed in the
right -of -way, even if it is clearly in violation of the regulatory provisions
of the code and even if it creates a public hazard. Rather, he advises that,
under the Public Nuisance section of the code, a landowner can be required to
abate a nuisance, and that under that process the City may eventually be able
to obtain reimbursement from the owner for the cost of abatement. The Public
Nuisance process requires 10 days notice to the owner, the levying of special
assessments to recover the City's cost or abate the nuisance if the owner
fails to comply, and potential legal challenges which may delay resolution of
the problem, and greatly increases administrative and legal costs. The
Administrative Traffic Committee believes that the time delays and
administrative /legal costs involved in dealing with a public safety hazard
under the Public Nuisance process are untenable.
1
At the request of the Administrative Traffic Committee, the City Attorney has
O prepared the attached ordinance amendment which allows the City Manager to
remove structures which are in violation of the State Statutes (as
incorporated into the City Code). If the amendment is adopted, it is staff's
intent to use this authority only when there is a serious problem which
requires immediate attention and where the costs of remediation are small and
the value of the items removed is also small (removal of posts, fences, rocks,
etc.). Certainly in cases where there is no need for immediate action and
there are substantial costs involved, the Public Nuisance process would be
followed, so as to allow recovery of costs.
City Council Action Required
Consideration of the proposed ordinance amendment (attached).
•
•
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of , 19 , at p.m. at City Hall,
6301 Shingle Creek Parkway, to consider an amendment to Chapter 27 regarding
the obstruction of or damage to highways, streets and alleys.
Auxiliary aids for handicapped persons are available upon request at
least 96 hours in advance. Please notify the personnel coordinator at
561 -5440 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 27 -104 OF THE CITY ORDINANCES AUTHORIZING THE
REMOVAL OR DESTRUCTION OF ADVERTISEMENTS, BUILDINGS OR STRUCTURES ON THE
PUBLIC_ HIGHWAYS. STREETS OR ALLEYS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 27 of the City Ordinances of the City of Brooklyn
Center is hereby amended in the following manner:
Section 27 -104 OBSTRUCTION OF OR DAMAGE TO HIGHWAYS,
STREETS, AND ALLEYS. The regulatory provisions of [Chapter 160,]
Minnesota Statutes Section 160.27[(5)], Subd. 5 [as amended by
Laws of 1976], relating to the obstruction of or damage to
highways is hereby adopted by reference and shall have the same
force and effect as though fully set out herein. [The terms of
this section shall apply to all highways, streets, and alleys
within the City of Brooklyn Center. All violations hereof shall
be prosecuted by the city attorney for the City of Brooklyn
Center.] All provisions of said Section 160 27 Subd 5 shall
_apply to the right -of -way of all highways streets and alle in
the City. The City Manager or the Manager's designee may take
down, remove or destrg_y any advertisement building structure or
obstruction in or upon any highway, street or alley in violation
of this section
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 19 _
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted.)
CITY OF BROOKLYN CENTER Council Meeting Date
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES
RELATING TO TRESPASS
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Signature - title James Lindsay, Chief of Police A
MANAGER'S REVIEW RECOMMENDATION:
No comments to supplement this report Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
• SUMMARY EXPLANATION: (supplemental sheets attached yes )
Recently there has been an increase in the gang activity at Brookdale. They have
been involved in the same harassing and intimidation tactics used in the Humboldt
Square area as well as shoplifting and drug sales.
The attached proposed ordinance allows the property owner or manager to restrict
the perpetrator of a crime from returning to their place of business for a period of
up to one year. The restriction from the store or shopping area is much more
desired than the referral to court for the actual criminal offense. This ordinance can
be used at Humboldt Square, Brookdale, or any retail or office area. Our present
state trespass statute can be used, but it is more generic in nature. The property
owners have had a hard time understanding the use of it. The proposed ordinance
better addresses the activity that the retail merchant has been experiencing. It also
requires the perpetrator receive written notice.
RECOMMENDATION:
The City Council approve the Ordinance Amending Chapter 19 Relating to Trespass
for a first reading.
s
i
0 CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
of ,1990 at p .m. at the City Hall,
6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the
City Ordinance to add trespass.
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 19 OF THE CITY
ORDINANCES RELATING TO TRESPASS
The City Council of the City of Brooklyn Center does ordain as follows:
Section 1. Chapter 19 of the City Ordinances is hereby amended as
follows:
Section 19 -216 TRESPASS.
Subdivision 1. DEFINITIONS
a. The term "store" shall mean a retail business including a restaurant
store, motel or office where professional services are rendered;
which is open to the public including any shopping area, office
building, shopping center or shopping mall
b. The term "storekeeper" shall mean the owner, operator or agent
of anv retain business, office building, shopping area shopping
center or shopping mall including an authorized security or police
officer.
C. The term "common area" shall mean any privately owned parking
lot restroom facili walkway, area hallway, ty. y, g , v atrium or
other area designated or used by the eg neral public in areas such
as stores or shopping areas.
ORDINANCE NO.
d. The term "shoeing area" shall mean any enclosed or open indoor
or outdoor facility consisting of a group of stores or offices open
to the public.
Subdivision 2. PROHIBITION.
a. No person shall enter or remain in any store or common area of
any shoeing area after being ordered to leave by the storekeeper.
b. No person who has received a written notice in substantial
conformity to the requirements of subdivision 3 shall enter in or
remain upon the store covered by the notice without written
permission of the storekeeper during the period stated in the
notice, which period shall not be in excess of one year from the
date of issuance. Notice may be by personal service or certified
Mai
Subdivision 3. NOTICE AND ORDER.
a. A storekee er may issue a notice in writing to a person whom the
storekeeper has reasonable cause to believe has committed an act
prohibited by the criminal laws of this state the United States or
an ordinance of this city in the store common area or shopping
area where the store is located. Such notice shall be served
immediately or within a reasonable time after the offense is
believed to have occurred.
b. A notice and order shall substantially conform to the following_
NAME OF ESTABLISHMENT
NOTICE AND ORDER
TO: Name: D.O.B.
Address:
City:
State: ZIP:
ORDINANCE NO.
You are hereby advised to leave and not return to the following premises
for a period effective immediately and expiring
You are further advised that violation of this Notice and Order could
subject you to criminal prosecution under Brooklyn Center City Code,
Subsection 19 -216, Subdivision 2
Date Issued: Time:
Name of Company•
Authorized Signature:
Witnesses:
Witnesses should sin only if personally observing service of a copy of
this Notice to the above-named
Subdivision 4. PENALTIES. A violation of this ordinance shall be
punished as a petty misdemeanor unless the violation is accompanied by force
or violence or the threat thereof, or the person has previously violated this
subsection within the preceding twelve 12, months, in which case the violation
shall be a misdemeanor.
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of , 1990.
Mayor
ORDINANCE NO.
ATTEST:
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
s
CITY OF BROOKLYN CENTER Council Meeting Date 2-12 -90
>~ Agenda Item Number , C
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Discussion Item - An Ordinance Amending Chapter 19 of the City
Ordinances Declaring Certain Activities as a Public Nuisance.
DEPARTME OVAL:
Signature - title Director of Planning and Inspection rA
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below/attached-
SUMMARY EXPLANATION: (supplemental sheets attached _X___)
• Attached is a copy of a draft ordinance amending Chapter 19 of the
City Ordinances declaring certain activities to be a public
nuisance. The draft ordinance proposes restrictions on the parking
and storage of vehicles and equipment in residential areas within
the City. This particular idea has been discussed off and on by
the City Council for almost two years, most recently on September
25, 1989.
At that time, the Council directed the staff to put out information
to the public to notify citizens that the City Council was
considering such amendments to hopefully g 11 allow for citizen P Y input
P
regarding this proposal.
An article appeared in the December, 1989 Brooklyn Center City
Newsletter (copy attached) explaining the proposal and requesting
citizen input. I The Brooklyn Center Post News has also been
contacted as well.
Also attached is a copy of request for Council consideration
form from September 25, 1989 explaining the proposed ordinance
along with a copy of the then draft ordinance presented to the City
Council at that time. Some slight modifications, along the lines
suggested in the September 25 report, have been made in the revised
draft now before the City Council.
SUMMARY EXPLANATION CONTINUED
I have received a number of calls regarding the proposal. Some
were requests for clarification. Most, however, had strong
feelings regarding the proposal, both pro and con. Some people
wanted stronger regulations and favored no parking at all of large
recreation vehicles and boats in yards abutting public streets.
Concerns about the deteriorating effect the parking and storage of
vehicles and equipment had on the neighborhood were also expressed.
Other persons believed the City would be going too far with these
regulations and should not restrict people from using their own
property, on which they pay taxes, in the manner they choose. One
person even suggested that the regulations were for the purpose of
forcing the working class citizen who could not afford to store
these vehicles anywhere else,out of Brooklyn Center.
A few people that lived on corner lots brought up a problem that
the City Council may wish to look at further if it is inclined at
all to adopt these kinds of regulations. That problem is the
impact the restrictions have on limiting the parking of vehicles in
yards abutting streets. These people claim, rightfully so, that
because they are on corner lots, they have no rear yard and are,
therefore, limited in the area in which they can store otherwise
authorized vehicles or equipment. Another problem that is raised,
which I believe the City Council may wish to review further, is the
current height limitation of fences and hedges in yards abutting
• public streets. The maximum height in these yards is now 4 It
appears that this limitation should be loosened up in some cases,
particularly certain areas in side yards that abut streets provided
the higher fences do not create site line visibilty problems for
vehicles. We will be prepared to discuss this further at Monday's
meeting. We will also have various slides showing situations
related to the proposed regulations.
Recommendation
It is recommended that the City Council continue discussion and
seek further public input on these proposed regulations which may
lead to consideration of a first reading on the proposal and
eventually a public hearing.
0
SECOND DRAFT
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES
BY DECLARING CERTAIN ACTIONS AS PUBLIC NUISANCES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 19 of the City Ordinances of the City
of Brooklyn Center is hereby amended as follows:
Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is
hereby declared to be a public nuisance to permit, maintain, or
harbor any of the following:
13. The outside parking and /or storage on vacant
property of useable or unusable vehicles trailers
watercraft snowmobiles recreational vehicles
all - terrain vehicles, construction vehicles and
equipment, or similar vehicles materials
supplies equipment ice fish houses skateboard
ramps, play houses or other non - permanent
structures except as may be permitted by the Zoning
or Sign Ordinances
14. The outside parking and /or storage on occupied
residentially used property of useable or nonusable
vehicles, trailers watercraft snowmobiles,
recreational vehicles all terrain vehicles and
similar vehicles materials supplies equipment
_ice fish houses skateboard ramps play houses or
other non - permanent structures unless they comply
with the following:
Al Vehicles trailers and watercraft may be
Parked or stored outside in any yard provided
however, if they are parked or stored in the
front yard area or a yard area abutting a
Public street they must be parked or stored
on an authorized marking or driveway area or a
paved or graveled extension of an authorized
parking or driveway area and be in compliance
with Section 19 -301 through 1305 of the City
Ordinances. Authorized driveways and paved or
graveled extensions thereof may not exceed 50%
of the front yard or a yard area abutting a
public street unless approved by the City
Council as part of a plan approval for an
apartment complex pursuant to Section 35 -230
of the City Ordinances.
b Materials, ials supplies, e
_.1. ui ment other than
pp a p
DRDINANICE NO.
construction or farm equipment may be stored
or located in any yard other than a front yard
or a yard abutting a public street provided
they are screened from public view by an
opaque fence or wall at least six feet high or
high enough to prevent these items from being
seen from abutting property at ground level
c) All vehicles, watercraft and other articles
allowed to be stored outside in an approved
manner on occupied residentially zoned
property must be owned by a person who resides
on the property. (Persons who are away at
school or in the military service for periods
of time, but still claim the property as their
legal residence shall be considered residents
on the property.)
jj The prohibitions of this section of the
ordinance shall not apply to commonly accepted
_materials or equipment such as playground
equipment, allowable accessory structures
flagpoles, air conditioner condensers laundry
drying equipment arbors trellises properly
stacked firewood and temporary storage of
building materials for home improvement
projects in process.
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
Adopted this day of 1990.
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new
matter) .
E! � TER
�c CITY NEWSLETTER
NUMBER 65 DECEMBER, 1989
_ _ Homestead Property Tax Cards
Must Be Filed By January 1
An application for the homestead card, or place it in an envelope if
property tax classification must be you prefer.
submitted each y ear. The 1990
0 application cards will be mailed to If you have purchased your home
Brooklyn Center home owners on during the past year and are
MINNESOTA 1990 or about January 2, 1990. applying for homestead for the
first time, you must make the
In 1990, Minnesota will host The Homestead Application card application in person at the As-
the United States Olympic Fes- will be attached to your 1990 valu- sessor's Office at the Brooklyn
tival -'90. In conjunction with ation notice. Please separate the Center City Ball, 6301 Shingle
this event there will be a state card, complete with the signa- Creek Parkway. You will need to
wide undertaking called Cele tures and social security num- bring the deed which transfers
brate Minnesota 1990. bers of the owners residing at the ownership and the social security
The City of Brooklyn Center property, and return it to the numbers of all owners. Once this
has become one of 400 Cele- Brooklyn Center Assessor's Of- has been done, a homestead card
brate Minnesota 1990 com- fice no later than January 15. will be mailed to the property. Again,
the deadline for filing is January
munities, and the 8th Annual The form of the card has changed 15.
Earle Brown Days festival will from previous years. The card and
be dedicated to this event. The valuation notice will be part of a A property which is classified as
dates for Earle Brown Days are three part booklet package which homestead pays a much lower tax
June 15 -24. Additional details is opened by tearing off the edge than a non - homestead property of
will be provided in the sum - strips. The card may be returned b equal value. Some prop owners
P Y ro q P
P
mer newsletter. stamping and mailing as a post- may also qualify for refunds from
the State of Minnesota. Call 296 -
3781 for information and applica-
Other Regulations Considered e n u� o re n hom st ad
credit" and the homestead tax clas-
for Parking, Stora of s ification, but you must still file a
homestead card in order to receive
Vehicles and Equipment
these benefits.
In an effort to maintain the resi- storage of vehicles and equipment If you have any questions about
dential character of the commu- in residential areas. the homestead process, your 1990
nity's neighborhoods, the Brooklyn valuation, or have not received your
Center City Council is considering At the end of 1988, the Council homestead card by Tuesday, Janu-
the adoption of additional regula- adopted an ordinance which took ary 9, please call the Assessor's
tions involving the parking and (Continued on Page 2) (Continued on Page 2)
® ♦ •
0 • ® i i
Vehicle Parki Storage... Mediation: How
(Continued from Page 1) This F ree S
effect in June, 1989, prohibiting vehicles. trailers, boats, etc., when Works For You
the parking and storage of con- parked or stored in front yards or
struction equipment, farm vehicles yards that abut a public street. Mediation is an extremelv effec-
and equipment, and certain sized must be parked or stored on an tive wa Since
commercial vehicles (longer than authorized driveway or a paved or the North Hennepin Mediation
21 feet, and higher than 8 feet, or graveled extension of an author - Project (NHMP), founded in Brooklvn
with a gross weight of more than ized parking or driveway area. These Center, opened forbusiness in 1983.
9,000 pounds) in residential areas. paved areas cannot exceed 50 per- hundreds of persons have used
cent of that yard area. Vehicles, mediation as a means to settle a
This fall, the Council reviewed trailers, boats, etc., may be parked dispute. Please call 561 -0033.
additional regulations which are in other yards, such as the rear or
expected to be on the Council side yards, without being paved or It is especially helpful in situ -
agenda in January, 1990, and graveled surfaces. ations where there will be an ongo-
resident input is requested. The ing relationship such as with fam-
proposed ordinance will not al- The third aspect of the regula- ily members, neighbors, business
low the parking and storage of tions deal with the storage of mate- and consumers, and so on.
any vehicles or equipment on rials, supplies, or other authorized
any vacant property in the City, equipment. The proposed ordinance Mediation is nonthreatening. It
regardless of its zoning designa- would prohibit the storage of such allows people to meet in a neutral
tion. setting with impartial mediators to
materials in front yards or yards discuss the situation in a construc-
Also, all vehicles including cars, abutting a public street. Storage of tive way. The few rules that govern
authorized trucks, recreational such material in any other yard the session have to do with com-
would require that the materials or
supplies be screened from public mon courtesy and confidentiali
ty.
view at ground level by at least a 6 Mediation is free. At the present
NORTHWEST �0, foot high opaque fence or wall. time, mediation services are avail-
able to Brooklyn Center residents
COMMUNIT The proposed ordinance would at no cost to the users. Funds from
also require that any vehicle, equip- Hennepin County, municipalities
TELEVISION ment, material, or supplies which including Brooklyn Center, foun-
are allowed to be parked or stored dations, businesses and organiza-
on occupied residential property tions are covering the costs.
Outreach Special must be owned by the person who
resides on that property. Mediation is quick. The goal of
Each week, Northwest Commu- the NHMP is to have the parties
nity Television presents "Outreach The ordinance provides for some into a mediation session within two
Special ", a program in which pro- commonly accepted exceptions to weeks of the time NHMP receives
ducer /host Joanna Foote show- these regulations and would not the initial call.
cases a non - profit organization and apply to such things as playground
its work. equipment, allowable accessory Homestead
structures, flagpoles, air conditioner ...
Many of these organizations are condensers, laundry drying equip- (Continued from Page 1)
found in the surrounding north- ment, arbors, trellises, properly
west suburbs with the rest existing stacked firewood and the tempo- Office at 561- 5440 or stop by City
in the larger "Twin Cities metropoli- rary storage of building materials Hall.
tan area. Recent past editions of for home improvement projects in
"Outreach Special" have dealt with process. Due to the 1989 special legisla-
topics such as runaways, pregnancy tive session, the 1990 tax state -
loss, and disabilities, while featur- If you are interested in obtain- menns will be mailed later this year.
ing the different organizations and ing additional information regard- Hennepin County expects to mail
persons involved. ing these proposed ordinances, them in late March, although the
or would like to express your mailing deadline is April 15. Ques-
Interested residents should tune comments to the City Council, tions regarding the tax statements
in to Channel 33, Sundays at 6 please contact the City Hall at can be directed to Hennepin County
p.m. and Mondays at 8 p.m. 561 -5440. at 348 -3011.
2
CITY OF BROOKLYN CENTER Council Meeting Date 9 -25 -89
Y
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Additional Nuisance Ordinances
DEPARTMENT
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 September 25 City Council agenda is a discussion item regarding additional
Nuisance Ordinances. Attached is a copy of a draft ordinance amending Chapter 19_
which would attempt to regulate certain activity. This amendment goes back over a
year ago when the City Council was considering Nuisance Ordinance amendments
relating to the parking and storing of vehicles, equipment and material in
residential areas.
The last time the attached ordinance was reviewed by the City Council was on December
5, 1988 at which time the Council proceeded to adopt the ordinance regulating the
parking and storage of commercial vehicles and equipment in residential areas. The
City Council wanted to review further the other nuisance regulations before
considering adopting them. It is these regulations that are before the City
Council for discussion.
First of all, Section 19 -103, Subdivision 13 of the proposed ordinance is intended
to-prohibit the parking and storage of any vehicles or equipment on any vacant
property in the City regardless of its zoning designation.
The proposed Subdivision 14, which is perhaps the most controversial, regulates
where vehicles or equipment may be parked or stored in residential areas. The idea
in Subdivision 14a is that all vehicles, including cars, authorized trucks,
recreation vehicles, trailers, boats, etc. when parked or stored in front yards or
yards abutting a public street, must be on an authorized driveway or a paved or
graveled extension of an authorized parking or driveway area. These paved or
graveled driveway and parking areas may not exceed 50% of that yard area.
Vehicles, trailers, boats, etc. may be parked in other yard areas (side or rear
yards) without being on paved or graveled surfaces and without being screened from
view (Note: The draft ordinance does not specifically provide for parking and
storage in the side and rear yards and should be changed to make clear that this can
be done. The City Council previously did not want to require screening when parking
these vehicles and equipment in side or rear yards).
z
s i:r
* S
Summary Explanation
Page 2
September 25, 1989
Subdivision lob of the proposed ordinance deals with the storage of materials,
supplies, or authorized equipment in residential areas. It prohibits such storage
in front yards, or yards abutting a public street, and requires screening by at least
a 6' high opaque fence if these items are stored in any other yard areas.
The proposed ordinance goes on in Subdivision 14c to require that any vehicle,
equipment, etc. allowed to be parked or stored on occupied residential used property
must be owned by the person who resides on that property. Subdivision 1 provides
for some commonly accepted exceptions to the regulations.
One suggestion that I would make is that the proposed ordinance should refer to
"residentially used" property, rather than "residentially zoned" property so as to
regulate all property being used for residential purposes and not legal
nonconforming uses. For instance, residences along Brooklyn Boulevard which are
being used as residences, but are in commercial districts, would be subject to these
regulations while a legal nonconforming commercial use in a residential zoning
district, such as Malmborg's Nursery and Garden Center, would not be affected by the
regulations.
It is recommended that the City Council thoroughly discuss these proposed nuisance -
regulations and give the staff direction as to how they wish to proceed with this
proposal.
DRAFT ORDINANCE
AN ORDINANCE AMENDING CHAPTER CHAPTER 19 OF THE CITY ORDINANCES
BY DECLARING CERTAIN ACTIONS AS PUBLIC NUISANCES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn
Center is hereby amended as follows:
Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby
declared to be a public nuisance to er
p mit, maintain or harbor an of the f oll o wing:
Y
13. The outside parking and /or storage on vacant property of useable or
unuseable vehicles, trailers, watercraft, snowmobiles, recreational
vehicles, all- terrain vehicles, construction vehicles and equipment, or
similar vehicles, materials, supplies, equipment, ice fish houses,
skateboard ramps, play houses or other non - permanent structures except
as may be permitted by the Zoning or Sign Ordinances.
14. The outside parking and /or storage on occupied residentially zoned
property of useable or nonuseable vehicles, trailers, watercraft,
snowmobiles, recreational vehicles, all terrain vehicles and similar
vehicles, materials, supplies, equipment, ice fish houses, skateboard
ramps, play houses or other non - permanent structures unless they comply
with the following
a) Vehicles, trailers and watercraft which are parked or stored outside
in the front -yard area, or a yard area abutting a public street, must
be on a —
n authorized drivew
a or a pa or graveled Y P g eled extension of an
authorized parking or driveway area and in comp iance with 6ection
1 3� hrough 1305 of the City Ordinances. Authorized driveways
and paved or graveled extensions thereof may not exceed 50% 7f the
front -yard area or a yard area abutting a public street unless
approved by the City Councii - as part of a plan approva for an
apartment complex pursuant to Section 35 -230 of the City Ordinances.
b) Materials, supplies, equipment other than construction or farm
equipment, may be stored or located in any yard other than — a front
yard or a yard abutting a public street provided they are screened
Tr public view by an opaque fence or wall at least six feet high or
high enough to prevent these items from being seen from abutting
property at ground level.
C) All vehicles, watercraft and other articles allowed to be stored
outside in an approved manner on occupied residentially zoned
property be owned by a person who resides on the property.
Persons who are away at school or in the mi it�ary service_'or per us
of ti but still --
claim
me the pr opert y as their
P P Y legal residence shall
be considered residents on the property
d) The prohibitions of this section of the ordinance shall not apply to
commonly accepteb materials or equipment such as playground
equipment, allowable accessory structures, flagpoles, air
conditioner condensers, laundry drying equipment, arbors,
tre lises, properly stacked firewood and temporary storage of
building materials for home improvement projects in process.
• CITY OF BROOKLYN CENTER council Meeting Date 2/12/90
Agenda Item Number lelh
REQUEST FOR COUNCIL CONSIDERATION
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
REPORT ON YARD WASTE DISPOSAL PROBLEM AND OTHER RECYCLING PROJECTS
* * * * * * * * * * * * ** * * * * * * * * ** ******************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APP
Signature - i e
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached
Effective January 1, 1990, state law requires that no yard wastes can be disposed of in landfills in
the State of Minnesota. This mandates a change in the way yard wastes are being handled by our
haulers and citizens. Late in 1989 we received notice from Hennepin County that they would possibly
not be able to continue to provide the composting and yard waste disposal sites which they had
operated in previous years. Various members of the County Board offered resolutions relating to this
problem, and copies of those resolutions are attached along with other communications relating to
• this matter.
In an attempt to work with Hennepin County in locating land spreading, composting, and transfer
sites for the yard wastes from Hennepin County cities, a task force was created consisting of city
managers, public works directors, and recycling coordinators. This task force offered a cooperative
effort in assisting the County in handling this problem in lieu of the County considering the passage
of what cities considered punitive resolutions (see attached). The task force and the County staff
made strides toward working out a solution to the yard waste collection and handling problems.
However, the County Board continues to consider the "punitive resolutions ". These punitive
resolutions threaten cities with reduction or complete withdrawal of County aid to the glass, metal
can, and . newsprint recycling efforts if the cities don't find disposal transfer and composting sites for
yard wastes. We believe these resolutions place cities in an untenable position because the County is
withdrawing their initial commitment to provide composting and yard waste disposal systems in a
manner which does not allow cities time to effectively develop alternatives to address the 1990 yard
waste season. We are still attempting to work out a solution and assist the County. However, we're
finding this process very difficult.
Recently, one of the private refuse hauler and collection firms is starting to explore a "private
industry" solution. While this solution is not a sure thing, it seems to offer some promise. A key
element in making any of the solutions (private industry or Hennepin County) work, yard waste
transfer stations or locations are needed. These transfer stations make the system work efficiently
by allowing the smaller door -to -door collection trucks to drive shorter distances to a transfer site,
dump their loads, and then the loads are put into larger, more efficient long haul vehicles and
carried off to the eventual composting or land spreading sites. Because the location of these sites
become complicated zoning, land use, and neighborhood problems, the County and private industry are
having exceptional difficulty in locating them. This task force is working with cities and trying to
• cooperate on locating two to three sites within the developed sections of Hennepin County. It might
be necessary for these sites to be owned by a city or cities through a joint powers agreement.
Cities could either contract with the County or some other private concern to operate them
effectively. One of the County's major problems has been their inability through either faulty
operation or circumstances beyond their control, to effectively remove yard waste from these sites on
a timely basis which created odor and other problems for adjacent landowners. Minneapolis has
operated a yard waste transfer stations such as this for a number of years effectively without
neighborhood problems. We believe if we can locate and operate these sites properly, they can be a
good neighbor. We intend to continue our work in this area with or without County cooperation.
The HRG is currently working with BFI, our recycling contractor, Hennepin County, and the Plastics
Institute in developing a pilot plastic recycling project. If the final details can be worked out, and
it appears they can be, this pilot program would operate for a period of time in portions of Brooklyn
Center, Crystal, and New Hope. The purpose of this pilot project is to evaluate the feasibility and
determine the actual costs and benefits of plastic recycling. The length of time the project would
operate and other details are yet to be worked out. If as a result of this pilot project and others
which are going to be ongoing in the metro area, plastic recycling is deemed to be practical and
economically feasible, the project will be extended to all residents of the three communities and
further reduce the waste flow into landfills.
RECOMMENDATION:
The staff recommends the Council review material contained in this report and treat it as an update
on the status of these situations. The staff will be available to answer any questions the Council
may have.
•
•
E
00142 i
RESOLUTION 90- 2 -31R1*
• The following esolution was offered b Commissioner Spartz. seconded by
Commissioner Sivanich: y i
WHEREAS, the County has operated yard waste compost sites the past five
Y ears and has found that yard waste delivered to compost sites in plastic bags
I nc re as es composting problems and County handling costs,
THEREFORE BE IT RESOLVED, that the County, beginning April 1, 1990, will
only accept yard waste in bulk farm and not in plastic bags;
BE IT FURTHER RESOLVED, that no later than March 3, 1990, Hennepin County
reqq each municipality to identify at least one site within the municipality
and issue all required permits for the transfer of yard waste that has been
Collected within that municipality and from nearby municipalities;
BE IT FURTHER RESOL that a municipality may satisfy the above
requirement by entering into an agreement by Harm S, 1990, that allows it to
deposit its yard waste in another municipality for transfer by the County, or by
providing its own composting site;
BE IT FURTHER RESOLVED, that the County will provide each city, by
December 31, 1989, a description of the County operation of the yard waste
transfer sites to that cities can provide the appropriate permits or suggest
Alternative operating requirements provided they do not unduly restrict the
operation of the transfer site;
BE IT FURTHER RESOLVED, that the County will.soi$ct by March 13 several
situ distributed throughout the County for the transfer of yard waste to the
County's compost sites from the sites perbitted by the cities;
BE IT FURTHER RESOLVED that any municipality that does not either identify
such a yard waste transfer site within its borders and issue required permits, or
enter into an agreement with another municipality for deposit and transfer of its
yard waste shall be responsible for managing its own yard waste;
BE IT FURTHER RESOLVED, that staff is directed to advertise to locate sites
for spreading yard waste on agricultural land; and _
BE IT FURTHER RESOLVED, that the staff is directed to identify potential
incentives for cities which host yard wastesites; and
HE IT FURTHER RESOLVED, that a contract between the County acid a farmer
for the landspreadirg of yard waste will require the farmer to landspread yard
waste at a depth not to exceed three inches as a condition of the contract with
the County unless the farmer acquires the appropriate permit from the city or
township to exceed that depth; and
BE IT FURTHER RESOLVED, that staff is directed to issue the Request for
Proposals foe the landspreading and composting of yard waste and disposal of
tree waste.
f EB 0 61990
R4 ?�
00143
Resolution 90- 2 -31R1* Continued
Faye 2
Commissioner 5 artz offered the following fi ow n9 additional resolving clauses,
seconded by Commissioner Jude:
BE IT FURTHER RESOLVED, that beginning with the operation of County
yardwaste sites in the spring of 1990, Hennepin County will charge a fee
not to exceed $50.00 per ton for material delivered to a County - operated
site.
BE IT FURTHER RESOLVED, that any dates in the resolution, with the exception
of the April 1, 1990 date in the first resolving clause, are to be ignored and the
Board expects that staff and the municipal governments will respond with all
reasonable speed.
Chairman Sivanich ruled that the additional clauses would be included as -
friendly amendments and no objections were voiced,
The question was on the adoption of the resolution as amended and there
were seven YEAS and no NAYS as follows:
COUNTY OF HENNEPIN
BOARD OF COUNTY C0MISSIONERS YEA NAY OTHER
Jeff Spartz X
Randy Johnson X
John Keefe X
10 John E. Derus ! X -
Tod Jude X
Mark Andrew X
Sam S. Sivanich, Chairman X
RESOLUTION ADOPTED.
ATTEST:
Cler the Co ty Board
*Reference 1989 Resolution No. 89- 961Q -R3
FEB U $1990
r
R.S%0TION NO. 90- 2 -3ZR1; QQ .144! -�
The following resolution was offered by Commissioner
Johnson, seconded by ComreissionOr 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 inta 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; and
8E IT FURTHEP RESOLVED, that county staff is directed to
develop a system whereby municipalities that compost or
landspread their own or other cities' yard waste shall receive a
rebate of that part of the tipping fee surcharge that subsiOi =es
yard waste composting.
The question was on the adoption of the resolution and there
were five YEAS and two NAYS as follows! '
COUNTY OF HENNEPIN
BOARD OF COUNTY COMMISSIONERS YEA HAY OTHER
Jeff Spartz X
Randy Johnson X
John Keefe X - _
John E. Oerus X
Tad Jude X
Mark Andrew X
Sam S. Sivanich, Chairman X
RESOLUTION ADOPTED.
r -
ATTEST:
Cl erk t e unty Boar
*Reference 19$9 esolution $9 - 961R2
CITY 6301 SHINGLE CREEK PARKWAY
OF
:BYROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
C ENTER EMERGENCY - POLICE - FIRE
911
TO: Hennepin County Cities
FROM: Gerald G. Splinter, City Manager
DATE: February 1, 1990
RE: Update on Yard Waste Task force
In an effort to keep you informed about the status of the yard waste disposal
program for 1990, I am sending this summary of activities related to the yard
waste task force and County Board.
1. At the January 25, 1990, Public Service Committee meeting, the
Hennepin County Board approved two resolutions (copies enclosed)
concerning yard waste. The two resolutions are amended versions of
the two resolutions the Hennepin County Board has been considering
for several months. The resolutions will be considered by the
County Board on February 6, 1990. At this point the County's role
in the 1990 yard waste disposal program is not entirely clear.
The County also held a public hearing on January 25 to consider a
yard waste tip fee ($50 per ton). No action was taken by the Board
on setting a yard waste tip fee at this time.
2. I will be meeting with a number of city managers on February 5 to
discuss the siting of yard waste transfer stations to follow through
on the commitment made to the yard waste task force to have the
cities take the lead in finding yard waste transfer stations.
3. Steve Peaslee's task force subcommittee, which has been working on
issues related to land spreading of yard waste, will be addressing
the Northwest League of Municipalities at their February 14 meeting
to discuss the land spreading option and other issues relative to
the 1990 yard waste program.
I will be calling another meeting of the entire group of cities sometime after the
February 6 County Board meeting. You will receive written notice of the meeting.
In the meantime if you have any questions or concerns, please call Tom Bublitz at
the Brooklyn Center city offices at 561 -5440.
�,�cr
i
CITY 6301 SHINGLE CREEK PARKWAY
OF
BROOKLYN
BROOKLYN CENTER, MINNESOTA 55430
- TELEPHONE 561 -5440
C ENTER EMERGENCY - POLICE - FIRE
911
February 5, 1990
Commissioner Tad Jude
A -2400 Government Center
300 South Sixth Street
Minneapolis, Minnesota 55487
Dear Tad:
On February 5, 1990, I met with a number of city managers from
Hennepin County cities. Cities in attendance at the meeting were
those which would be potential hosts for a yard waste transfer
station to facilitate the 1990 yard waste ro ram.
p g Cities
represented at the
February 5 meeting were
Minnetonka, Brooklyn Park, Crystal, Excelsior, St. R Lou s s park ,
Hopkins, Wayzata, Bloomington, Plymouth, Golden Valley, New Hope,
Eden Prairie, and Brooklyn Center.
The focus of the February 5 meeting was to follow through on the
cities' commitment, from the yard waste task force, to take t
ad in locating he
lead yard waste transfer stations. The meeting also
addressed the two yard waste resolutions approved at the January
25, 1990, Hennepin County Public Service Committee meeting.
Some potentially significant developments have occurred since the
January 25, 1990, Public Service Committee meeting. There is now
the possibility of a private sector firm accepting the yard
wastes from Hennepin County cities. There are a number tuber of issues
s
must
be resolved before this can become an option. However
from a municipal perspective, it has a realistic likelihood of
becoming a solution for 1990
Count yard waste disposal in Hennepin
Y• Under this option, yard waste transfer stations would
still be needed. I would suggest the cities and County discuss
this option using the yard waste task force as the forum for our
discussion.
With regard to the two resolutions approved by the Public Service
Committee on January 25, 1990, the cities represented on the yard
p Y d
waste task force still object to the
unitive element
) p s of
Resolution 90- 1 -32R1. Ho
. ),-, :,,Resolution 90- 1 -31R1 is .less
rouutuueivan :r
Commissioner Tad Jude -2- February 5, 1990
objectionable to the cities particularly if the County
to work cooperatively with cities and maintains flexibility contin
the specific elements of the 1990 yard waste program, especially
in light of the option for private sector involvement in
establishing a compost facility.
On behalf of the cities represented on the yard waste task force,
I am requesting the Hennepin County Board work through the yard
waste task force to continue to work out options for yard waste
disposal for 1990.
Sin "erely,
�rald' Splinter
ity Ma ager
cc: Hennepin County City Managers
• CITY OF BROOKLYN CENTER Council Meeting Date 2/12/90
Agenda Item Number z
REQUEST FOR COUNCIL CONSIDERATION
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
STATUS REPORT 1990 BROOKLYN CENTER PRIORITIES
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Signature - title
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attach
SUMMARY EXPLANATION: (supplemental sheets attached _)
Attached please find copies of two documents. The first is a listing and description of the 1990
priorities as reviewed and established by the City Council earlier this year. Please review the listing
descriptions to see if they match your perceptions.
The second document describes the status of the 1990 Brooklyn Center priorities. After each priority
is a description of the status of current activities in this area. It also places some time and
• reporting requirements on the staff and your advisory commissions for the various projects. These
times for reports to be delivered to the City Council are based on current resources without
additional appropriations other than those provided in the 1990 Budget.
RECOMMENDATION:
We recommend that the City Council review both documents and see if they match the Council's
perception and the activity they expected on each of those priorities. If the Council believes the
descriptions and activity represent an accurate picture of their perceptions, it would be my
recommendation that we distribute the status report and description documents to the participants in
the 1989 planning process as the first step in preparing for the 1990 annual planning process.
•
a /1 /90
1990 BROOKLYN CENTER PRIORITIES
1. CRIME /DRUGS
a. Drug Education /Prevention Programs
-The primary programs in this area are the
DARE program and the police department's
proactive activity in the area of drugs (four
cities joint drug enforcement task force,
etc.).
b. Drug Task Force
-The Council has directed the staff to
prepare necessary documents and work with the
current Mayor's task force to formalize the
task force as an official city advisory body.
C. Crime Watch Program
-The crime watch program is a nationally
known program where, with police officer
assistance, small neighborhood groups are
organized to help their neighbors "watch" for
crime in their neighborhoods and call the
Police when suspicious activity occurs.
d. Battered Spouse /Youth Program
-The battered spouse program is an existing
contract effort with the Duluth project which
handles battered spouse situations and
counsels victims. Efforts at developing a
similar program for battered youth is in the
formative stages.
e. Crime Prevention Fund
-This is an ongoing independent organization
which was established to supplement police
department activities in the crime prevention
area. They provide needed "buy" monies to
the police department personnel, an anonymous
tipster phone line, and provide a useful
financial conduit for directing and
accounting for privately donated or collected
monies to assist in drug and crime
prevention.
f. Police Master Plan Update
- Brooklyn Center has a five year police
department master plan which is to be
annually reviewed, updated, and evaluated by
the City Council at budget time.
-2-
2. HOUSING
a. Maintenance Code for Commercial /Industrial
Buildings
-This is a project which, when it is adopted
by the City Council, will extend the building
maintenance and ground maintenance
requirements of the housing maintenance code
to commercial /industrial properties in
Brooklyn Center.
b. Housing Rehab Program Initiatives
-These are a series of initiatives which are
to be developed as a part of the review of
the Maxfield housing analysis study and the
Publicorp housing program implementation
plan.
C. Subsidized Elderly Housing
- Brooklyn Center should evaluate all aspects
of elderly housing and service needs as this
group will be an increasing percent of our
total population.
d. Coordinated Housing Maintenance Program
-This ro r
am P g calls for a coordinated
interdepartmental staff effort on enforcement
of housing maintenance codes, health
regulations, and nuisance ordinance
enforcement.
e. Group Home Siting Process
-This process involves an effort at seeking
legislative change to involve more City input
into the siting process and more grassroots
state administrative agency involvement. In
addition, Brooklyn Center is in the process
of implementing the "ordinance study" which
reviews the status and effectiveness of our
current ordinances as it relates to state
requirements for group home siting.
3. BUDGET /FINANCES
a. Legislative Impact
- Efforts are to be made to influence the
legislature to stabilize its policy direction
to cities. The state should enact a fiscal
note process which would require economic
impact analysis of all state legislation
(mandates) which fiscally impact cities.
-3-
b. Property Tax Change
-In the last few years the state legislature
has made changes in property tax legislation
which has produced swings in revenue from
state aids, levy limits, and modifications of
the property tax system which complicated
long term financial planning of cities. The
State of Minnesota is encouraged to allow
cities the necessary revenue flexibility to
meet increased service demands in the areas
of housing, drug /crime prevention, education,
and stabilize state fiscal policies as they
relate to cities.
C. Alternative Revenue Sources
-The City is to review all possible
alternative revenue sources including the
recently state authorized 3% tax on hotel and
motel facilities.
d. LGA Funding Equity
- Recent state tax legislation has created a
further imbalance between metro and outstate
cities as it relates to their local
government aids, and the equity of the
current system is in question. Brooklyn
Center should seek a legislative change which
provides balance and equity.
e. Financing Various Housing Programs
-The City should make a proactive effort to
seek funding sources for various housing
programs developed out of the
Maxfield /Publicorp housing study and
implementation plan.
4. ECONOMIC DEVELOPMENT /REDEVELOPMENT
a. Improve Business Climate in Community
b. Maintenance Code for Commercial /Industrial
Buildings (see item 2a)
C. Complete a Formal Development /Redevelopment
Process or Policy
-This policy or process would formalize the
steps and process to be followed by City
staff, commissions, and Council in evaluating
and approving development and redevelopment
projects.
-4-
d. Examine Feasibility of Development Projects
in the 50th and France Area, 69th and
Brooklyn Boulevard, and Lynbrook Bowl Areas
5. COMMUNICATIONS
a. Evaluate Expansion of Newsletter
- Consider expanded use of the City newsletter
as a part of an effective citizen
communication program.
b. Evaluate Expanded Use of Cable Television
- Consider expanded use of cable television as
one element in an effective citizen
communication program.
C. Improve Effectiveness of Newspaper Coverage
-City should review all possible alternatives
to improving effectiveness of news media
reporting.
d. Inform Public regarding Redevelopment
Projects
- Consider special efforts to communicate to
the public the pros and cons of development
and redevelopment projects.
6. DEMOGRAPHIC CHANGES
a. Housing Impacts
b. Senior Citizen Drop -in Center
C. Recreation and Parks System Impacts
d. Evaluation of Aging Population Needs
7. PUBLIC FACILITIES
a. Review City Building Needs
- Various City departments are experiencing
space and facility shortages. Evaluate
needs, prepare necessary reports and submit
same to City Council for review by citizens
committee.
b. Review Park Development /Redevelopment and
Expansion
-The City park system, especially in the Twin
Lakes area and completion of our bike and
pedestrian trail, needs to be evaluated and a
decision should be made on the timing of
final development. Complete necessary
evaluations and submit to City Council for
review by citizens committee.
2/1/90
STATUS OF 1990 BROOKLYN CENTER PRIORITIES
1. CRIME /DRUGS
a. Drug Education /Prevention Programs
-The primary program in this area is the DARE
program. As of the first week in January,
two Brooklyn Center police officers started
the DARE program in all Brooklyn Center grade
schools for fifth grade students. In
addition, we are currently serving two grade
schools immediately adjacent to Brooklyn
Center in Brooklyn Park which have
significant Brooklyn Center student
udent
populations (Fair Oaks and Palmer Lake grade
schools). We are also seeking the DARE
training for an additional Brooklyn Center
police officer to serve as a backup in case
of sickness or other unforeseen events. We
anticipate training to occur in the first six
months of 1990. Council approved Brooklyn
Center police department's participation in
the four cities (Brooklyn Center, Brooklyn
Park, Coon Rapids, and Maple Grove) joint
powers drug enforcement program. This
program is a joint effort among police
departments of these four cities directed at
handling drug cases and situations which
extend beyond the borders of the individual
cities.
b. Drug Task Force
-The city manager's office is currently
working with the Mayor's drug task force to
prepare the necessary documents which will
allow the Council to consider formalizing the
task force into an official city advisory
body. We would expect these documents to be
complete and to the Council in March of 1990.
C. Crime Watch Program
-The crime watch program currently has 40
neighborhood crime watch groups in operation
in Brooklyn Center. This program has grown
quickly and now requires additional police
personnel to operate it effectively.
-2-
d. Battered Spouse /Youth Program
-The battered spouse program, which is
currently handled through a contract with the
"Duluth Project," is effectively providing
the Brooklyn Center police department with
services to handle battered spouse counseling
and social service needs required under state
law. The police department is in the initial
stages of developing a similar program for
battered youth. We would expect to have a
program operational in September of 1990.
e. Crime Prevention Fund
-The crime prevention fund, we believe, is
operating very effectively in providing
services and funding to complement the police
department operation. They are also working
with other groups, such as the Mayor's drug
task force, to coordinate initial funding of
the DARE program and other similar drug
prevention education programs.
f. Police Master Plan Update
- Brooklyn Center police department has a five
year master plan which is annually reviewed
and updated in conjunction with the City
Council's budget process. We anticipate as a
part of the 1991 budget process to evaluate
the needs in the area of drug
enforcement /education and in the area of
crime prevention programs.
2. HOUSING
a. Maintenance Code for Commercial /Industrial
Buildings
- We anticipate submittal of proposed
ordinances to establish or extend housing
maintenance code requirements to
commercial/ industrial buildings to be before
the City Council by April 1, 1990.
b. Housing Rehab Program Initiatives
- Currently the implementation plan of
Publicorp is under consideration by the
housing commission, and we anticipate a
report to the City Council by April, 1990.
-3-
C. Subsidized Elderly Housing
-The City Council should evaluate all aspects
of elderly housing and service needs as a
part of the review of the Publicorp housing
implementation plan, which is due to be
submitted to the City Council by April of
1990.
d. Coordinated Housing Maintenance Program
-City staff has an ad hoc committee composed
of representatives of the police department,
planning and inspections department, EDA,
health department, and the city attorney's
office, which develops and periodically
reviews enforcement action on the most
problematic properties as they relate to
housing, nuisance, and health code
violations. This group meets quarterly to
review the status of enforcement efforts on
the properties on the target listing. This
process has assured us of a continued,
concerted effort on the "target g list
properties" until such time as all
enforcement remedies are exhausted.
e. Group Home Siting Process
-The planning commission has received the
"Ordinance Study" on group home sitings and
is currently reviewing the report. We would
anticipate a report to the Council before May
1, 1990.
3. BUDGET /FINANCES
a. Legislative Impact
-The staff will be meeting with Brooklyn
Center state legislators and informing them
of the need to stabilize fiscal policy
direction to cities and to enact fiscal note
process. These meetings will occur prior to
the 1990 legislative session.
-4-
b. Property Tax Change
-As a part of the meeting with legislators
representing Brooklyn Center, we will be
reviewing our problems with the municipal
state aid system, levy limits, and
modifications to the property tax system
which complicate communication and long term
financial planning for cities. We are also
working with the Association of Metropolitan
Municipalities and the League of Minnesota
Cities to seek stabilization of property tax
policies on the state level.
C. Alternative Revenue Sources
-The City staff is committed to reviewing all
possible alternative revenue sources as a
part of the development of the 1991 proposed
budget, and the City Council in January of
1990 adopted the 3% hotel /motel tax which
will produce approximately $170,000 of
revenue for the 1990 budget.
d. LGA Funding Equity
-In meeting with state legislators
representing Brooklyn Center, we will
encourage them to develop a suburban
legislative caucus which will, hopefully,
allow suburban interests to be more properly
recognized in the state's process of
determining distribution of local government
aids. Currently there is a definite bias in
the
formulas
which distribute the aids more
to the central cities and outstate
communities.
e. Financing Various Housing Programs
-The implementation plan of Publicorp will be
before the City Council in the spring of
1990. This analysis will detail various
potential funding sources. The housing
commission is currently in the process of
evaluating some of the options presented in
the preliminary information developed by
Publicorp.
-5-
4. ECONOMIC DEVELOPMENT /REDEVELOPMENT
a. Improve Business Climate in Community
The EDA coordinator, in conjunction with
Publicorp and the Chamber of Commerce, is
currently in the final stages of developing a
request for proposal (RFP) for a commercial
and industrial analysis similar to the
Maxfield housing study. We would expect this
analysis to be complete late in 1990. At
that time the City Council will have to make
decisions on the direction of the development
of the remaining open commercial/ industrial
parcels in the community and also make
decisions on the direction of redevelopment.
b. Maintenance Code for Commercial /Industrial
Buildings (see item 2a)
-The City Council can expect to receive a
proposed draft of necessary ordinances by
April, 1990.
C. Complete a Formal Development /Redevelopment
Process or Policy
-The City Council should receive a staff
recommendation late in 1990.
d. Examine Feasibility of Development Projects
in the 50th and France Area, 69th and
Brooklyn Boulevard, and Lynbrook Bowl Areas
-The staff will be reviewing the
redevelopment potential in the area of 69th
and Brooklyn Boulevard in conjunction with
the results of community informational
hearings regarding the reconstruction of 69th
Avenue in the area of Brooklyn Boulevard.
Redevelopment projects in the 50th and France
area and the Lynbrook Bowl area will be
addressed as staff time becomes available
after the Earle Brown Heritage Center is up
and operating, and we have completed the work
on 69th and Brooklyn Boulevard area.
5. COMMUNICATIONS
a. Evaluate Expansion of City Newsletter
-The City Council has authorized a
professional audit and evaluation of our
newsletter and other communication devices,
both existing and potential, and expansion of
the newsletter will be considered as a part
of this audit and evaluation. The
professional evaluation will be complete by
June of 1990.
-6-
b. Evaluate Expanded Use of Cable Television
-As a part of the Council authorized audit
and evaluation of potential communication
devices, the area of expanded cable
television activity by Brooklyn Center will
be considered and evaluated.
C. Improve Effectiveness of Newspaper Coverage
-The City staff is meeting with
representatives of Post Publications, and we
are discussing the feasibility of expanded
coverage in their Weekender Buyer's Guide
publication. With the appointment of a new
editor we are now receiving regular coverage
on municipal activities in the Brooklyn
Center Post.
d. Inform Public Regarding Redevelopment
Projects
-As a part of the recommendations
accompanying the redevelopment /development
policy and process, staff will, late in 1990,
make recommendations on publicizing the
projects and the process when adopted.
6. DEMOGRAPHIC CHANGES
a. Housing Impacts
-The Publicorp housing program implementation
plan will be coming before the Council in the
spring of 1990, and these projects and
recommendations have carefully considered
demographic changes and their effect on
housing in Brooklyn Center.
b. Senior Citizens Drop -in Center
-In the late winter and spring of 1990, the
City Council will be reviewing a staff
proposal to consider a senior drop -in center
facility as a part of a possible bond issue
for improvements to the community center,
fire stations, city hall, and park
facilities.
C. Recreation and Parks System Impacts
-The park and recreation commission has
completed its review of a comprehensive park
study in the southwest quadrant of the
community in the area of Twin Lakes. As a
part of this review, the commission has
recommended extensive use of bicycle and
pedestrian trails to connect our parks and
various community recreation facilities. The
commission has expressed the wish to
continually review and update our parks
system, and at this time they are stressing
the need for expansion and completion of the
remaining elements of our trail system.
Demographics indicate active recreation
activity such as trail type systems are what
the current and projected population groups
are interested in and need.
d. Evaluation of Aging Population Needs
-The needs of our aging population have been
considered in detail in housing and park and
recreation system evaluations and will be an
integral part of City planning activities
into the future.
7. PUBLIC FACILITIES
a. Review City Building Needs
-In March City staff will have completed the
preliminary analysis of all the projected
departmental building and facility expansion
needs. They also will have reviewed the
alternative of more efficient use of existing
facilities. Upon completion of this work,
the City Council will receive a report and
recommendation which will include the option
of developing a citizens review committee to
examine and evaluate the various public
facility needs of the community. This
committee would make recommendations to the
City Council as to the feasibility, value,
and financing of these various projects. The
projects involved in this City staff review
are as follows: city hall /police department
expansion, fire station expansion, community
center expansion, senior drop -in center,
potential ice arena, and park system
development and expansion in the Twin Lake
area and completion of the remaining segments
of the master bik_ pedestrian trail
system.`
b. Review Park Develop t /Redevelopment and
Expansion
-This project will be considered as a part of
the overall review of public facility needs
that will be presented to the Council in
March, 1990.
CITY OF BROOKLYN CENTER Council Meeting Date �q I.], q o
Agenda Item Number 1 d
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
PROPOSED COST OF CHANGING GUNS AND THE COMMITTEE'S
RECOMMENDATIONS
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Signature - ' le - James Lindsay, Chief of Police
MANAGER'S R /RECOMMENDATION:
No comments to supplement this report Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached yes )
•
The Brooklyn Center Police Department Gun Selection Committee has completed
its assignment. The committee has spent many hours reviewing a number of guns,
ammunition and leather accessories. Three guns were determined to be acceptable.
After further review, one weapon was selected over the other two. The weapon
recommended as the number one choice is a 9 mm caliber semi- automatic Smith &
Wesson Model 6926. A copy of their recommendation is attached.
The committee was made up of one third of the sworn personnel. All functions of
the department, including patrol, supervisors, investigators and administrative
personnel were included on the committee. The committee is to
be commended for
the thoroughness of their review.
I have developed costs for implementation of changing officers' handguns from
revolvers to semi - automatics. Suppliers have provided prices, although actual bids
may be less expensive; suppliers would not affirm.
The minimum costs will be approximately $33,000.00 for changing handguns. This
covers the cost of equipment, ammunition, instructor training and range rental. The
• labor costs for officer training are approximately $13,000.00. The total cost will be
just under $47,000.00, which was my original estimate in June of 1989. Because of
the staffing problems the department is experiencing, I see no way it would be
possible to train on -duty personnel. The D.A.R.E. officers are gone until June. The
drug task force officer is gone for the year. Curt Lund's replacement will not be
trained where he can work by himself until after June. Nor will the two additional
officers be trained until after June. Rayl has been off since August of 1989 with no
idea of when he can return to complete full -time duty. June starts our heavy vacation
use period.
The time schedule for acquiring the handgun is exactly on schedule for steps one and
two. Step three is for training the department's firearms instructors at Smith &
Wesson's factory in the use of semi - automatics plus armor repairs. Ninety days was
allowed for this. Curt Lund was one of our firearms instructors, along with McComb.
With Lund's resignation, I am not sure a second officer can be trained in time to
attend the Smith & Wesson academy. At this time McComb is scheduled to attend
the Smith & Wesson academy in late March on a standby basis. If not accepted in
March, he is confirmed for May.
Step four provides 120 days for training the officers. Each officer will receive four
hours of classroom instruction with sixteen hours on the range. I do not believe the
staffing will allow us to train more than five officers at a time. The five plus two
instructors will take seven officers off the street at one time.
EQUIPMENT
• 45 S & W #6926 Semi - automatics @ $400 /ea $18,000
45 14 round mags with extenders @ $35 /ea 1,575
45 Holsters - top gun @ $56 /ea 2,520
45 Double pouch @ $21 /ea 945
6,000 rds Duty ammo @ 300 per 1000 rds 1,800
18,000 rds Practice ammo @ $137 per 1000 rds 2,466
Misc repair tools 500
Subtotal $27,806
TRAINING
2 Instructors - Boston S & W Academy $ 3,200
Officer training labor cost 13,000
Range rental - 14 days @ 200 2,800
Subtotal $19,000
TOTAL $46,806
•
AVAILABLE FORFEITURE MONIES
The police department is in possession of just over $50,000.00 of forfeiture monies.
• Seventy percent would place the city's share at $35,418.49. Following is a breakdown
of the availability of that money:
Cash on hand in account number 01 -3897 $ 708.08
Cash turned over to finance 2/9/90 15,269.87
Subtotal $15,977.95
Cases disposed of awaiting paperwork from
County Attorney only 2,393.85
Subtotal $18,371.80
Monies being held for case disposal $ 325.79
Monies being contested 16,720.90
17,046.69
Grand Total $35,418.49
•
Of the $35,418.49, approximately half, $18,371.80 has been assigned for department use.
The $16,720.90 is being contested as not resulting from drug sales. A total of $325.79 is
awaiting disposition of the court case.
What this all means is that the city currently has in hand, $18,371.80. The bulk of the
remaining forfeited money is being contested. We have a red Chevrolet pickup, year 1981
we can auction off worth approximately $1,000.00 as well as a small amount of jewelry and
a few small coin sets. The jewelry and coin sets will probably not amount to more than a
couple hundred dollars.
If the guns are purchased at this time, money needed in addition to the forfeiture money
would be $14,650.00. If the request for training officers off -duty is also approved, an
additional $14,000.00 will be needed.
Forfeiture money on hand $18,371.80
Money needed from contingency fund $26,628.20
Total request for handgun transition $4700.00
•
RECOMMENDATION:
The City Council approve the staff's recommendations for the purchase of handguns
• with financing from drug forfeiture funds and contingency; which will be approved
by resolution at the time of accepting of bids.
•
I
MEMORANDUM
TO: Chief Lindsay
FROM: Captain Kline and Sgt. McComb
SUBJECT: Handgun Evaluation
DATE: 01-11-90
In the fall of 1989 the Brooklyn Center City Council approved the
purchase of semi automatic handguns for the police. department.
Chief Lindsay formed a committee of officers to evaluate, test
and recommend a semi automatic pistol which would serve the needs
of the police department. The officers selected to serve on the
committee posses varying degrees of knowledge concerning semi
automatic handguns.
The committe consisted of Capt. Kline, Sgts. Mccomb and Ptak,
Investigators Dirks, Kaulfuss and Robinson and Officers Lund,
Messenbrink, Karris and Handy.
The committee's first order of business was to meet and discuss
what officers desired in a new handgun. Many desirable features
were discussed, including case of operation, dependability,
simplicity nd safety y features. Cost features were also discussed
and it was agreed upon that g p t the weapon selected must not only be
dependable and reliable but also affordable.
The committee first tackled the issue of which caliber of weapon
to select. It has long been the policy of the department to retain
one caliber of
handgun for all officers. The committee agreed that
we would continue to proceed in a similar fashion with this selection.
The three handgun calibers considered were the 9mm, the 10mm and the
.45 caliber.
Recent testing done by the F.B.I. had caused them to recommend the
10mm cartridge for police use. The F.B.I. felt that this round
was the only round tested which provided the desired results for
"one shot stopping power." While we will not ao into extensive
detail, we will state that we do not agree with the findinas o
the F.B.I. Their tests were designed for their own purposes.
The particular 10mm tested is "loaded down" so that it is not
quite as powerful as other 10mm rounds marketed. The price or
the weapon and ammunition also make this weapon somewhat less
than acceptable to the committee.
The .45 caliber handgun was considered, but it also failed to
gain the popular support of the committee. Both the 10mm and
the .45 caliber are quite heavy weapons and the total round
capacity is eight or nine rounds depending on which weapon you
select. They are also quite a bit longer in size than many of
the 9mm's we tested. In the final anal both the .45 and
the lOmm were ruled out based on ballistic results and department
needs. The committee unanimously agreed that the 9mm with the new
ammunition available today possesses the most desirable traits
that the committee was looking for.
After deciding on the 9mm the committee then began the selection
process with a list of some 13 weapons for consideration. These
weapons were not all made by different manufacturers, but were
various models available from seven different companies. Takina
cost considerations into account, four of the weapons were elim-
inated. While these were excellent weapons, the committee did
not feel that we could justify the high cost of the weapons when
we discovered they could cost up to twice as much as some of the
weapons on the list. Three additional weapons were deleted from
the list based on undesirable safety features or lack of a proven
history in the police field.
What the final selection came down to was that two manufacturers
had weapons which we would test for department use. Those were
i
Smith & Wesson and Glock.
The first firing of these weapons came at the Robbinsdale. Indoor
Police Range. The weapons fired were the Glock 17 and the Glock
19. The Smith & Wesson 6906, 5906, 5903 and 3913.* The officers
had been provided with an evaluation sheet prior to this shoot.
They were asked to judge the weapons they fired based on several
functions, including appearance, grip ( h ow it felt in their hand),
weight (both empty and fully loaded), sight picture, trigr:er pull,
felt recoil, return on target after shots fired, muzzle flash (in
the dark), ease of any decocking levers or safety and ease of
operation. These weapons were fired extensively with constant
feedback between committee _nembers. At the conclusion of the
exercise, the committee members were asked to evaluate the weapons
they fired and provide any suggestions as to what other features
they would like to explore.
The result of the evaluation eliminated the S & W 3913 from
further consideration. This weapon is a small frame semi auto
which has an eight round capacity. None of the committee members
who fired the weapon felt that it met our needs. The committee
also felt that we should explore S & W's new decocking gun. This
is a new type of decocking lever which only has to be pressed
once to decock the weapon, make it safe and prepare it to fire
again. The old style decocker has a two step motion necessary
to make the weapon safe and then return the weapon into the fire
or double action position. It was felf that the two step type of
decocking gun could pose a problem for officers who would be under
stress after a shooting incident.
The committee also wished to test fire a Glock which had an eight
pound trigger pull versus a five pound trigger pull. Sgt. McComb
was able to aquire the necessary weapons for test firing and the
committee had an opportunity to fire not only these new weapons
but also some of hte other weapons which had previously been tested.
Two very important decisions were agreed upon during the testing
while still at the range. 1- If our department was to switch to a
S & W semi auto handgun, then we agreed that the gun would need to
*See appendix for weapon description.
be fitted with the one step decocker. The case of operation of
this style of decocker was so superior in design as to eliminate
from consideration the old two step decocker gun. 2- If the weapon
selected were a Glock, the weapon would ?zave to be equipped with a
trigger having an eight pound pull.
At the conclusion of this shoot the committee members were again
provided with evaluation forms and asked to complete them. When
Sgt. McComb received the forms back and tabulated the results,
the weapons which finished in the top three postions were:
1- S & W 6926 This is the small frame stainless steel slide
with alloy frame weapon with the new decocking lever.
2- Glock 19 with eight pound trigger This is the small frame
Glock.
3- Three was a tie between the Clock 17 with the eight pound
trigger or the TAT
S & .. 5926 large frame gg g ame stainless steel slide
with alloy frame and decocking lever.
It was felt by the committee members that the top two weapons
were extremely attractive as far as their particular traits. Both
the S & W 6926 and the Glock 19 are compact 9mm weapons. This
would mean that if either of these two weapons were selected, all
officers in the department would be carrying the smae weapon.
Currently two investigators carry 2" .38 Colt revolvers, the
captains carry 2z" .38 S & W and the natrol carry 4" .38 S & W.
The selection of either the S & W 6924 or the Glock 19 would
allow that all the officers on the department would carry the
same weapon. Both these weapons shot very well. They were
accurate, easy to handle and well received by the committee.
It is also recommended that no matter which gun is selected, the
uniform duty holster be a Safariland "Top Gun" holster. This is
a top quality molded holster which holds the auto loader securely
in place. The design of the holster also completely covers the
trigger to prevent accidental discharge while the gun is holstered.
It is also recommended that the magazine pouch be a "Don Hume"
double pouch with velcro closure. The "Don Hume" magazine holder
allows the officer to mount the holder to ride either vertically or
horizontally. Both the "Safariland" holster and the "Don Hume"
magazine holder are high quality leather goods which would give
years of dependable service.
In regards to appropriate holsters for the investigators, no
particular holster has been recommended. Some of the investigators
refer the shoulder
p holsters while others refer the pancake style
P Y
belt mound. Either holster would be recommended for use.
The final reconrLiendation is in regards to the duty load for the
new weapons. It is recommended that the .147 grain subsonic
round be adopted as the duty round for the 9mm. Ballistically
this round tested better than any other round in the 9mm. The
bullet is heavy and does not move at such a high rate of speed.
From the articles and studies read, this round would seem to meet
the needs of the new 9mm.
We recognize that this memo does not go into detail in reference
to many decisions made by the committee. It does, however,
accurately outline the process used to test, evaluate and
recommend a 9mm handgun, leather gear and duty round for the
new weapons.
Appendix
Glock
17 Large frame 17 rd capacity
19 Small frame 15 rd capacity, 17 rd optional
Smith &Wesson
6906 Small frame Stainless Steel Slide, Alloy frame
12 rd capacity, 14 rd optional
5906 Large frame All Stainless Steel 14 rd
5903 Large frame Stainless Steel Alloy frame 14rd
3913 Small frame Stainless Steel Alloy frame 8 rd
** Any of the S &W weapons can be ordered with the new Decocking
Lever.
Either of the two Glocks can be ordered with the optional 81b
trigger.
The weapon recommended by the committee is the 6926. This is
the small frame auto with the new Decocking Lever.
CITY OF BROOKLYN CENTER Council Meeting Date ' - j 90
Agenda kern Numbe /
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION APPROVING SPECS AND AUTHORIZING THE TAKING OF
BIDS
DEPT. APPROVAL:
Signature - tAle - J mes Lindsay, Chief of Police
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
• SUMMARY EXPLANATION: (supplemental sheets attached yes )
Attached are the specifications for the weapons chosen by the police department
committee designated to select a new semi - automatic handgun. These specifications
are for a specific model gun. If the changeover to the semi - automatics is approved
by the City Council, we would like to begin taking bids.
RECOMMENDATION:
That the City Council pass the resolution approving the specifications and authorizing
the taking of bids for new semi - automatic handguns.
•
/Ode
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR DELIVERY OF 45 SEMI-
AUTOMATIC WEAPONS
BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center that the specifications for the delivery of 45
semi - automatic weapons are hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise for and receive bids for the
delivery of 45 semi - automatic weapons in accordance with said
specifications.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly y
seconded b
y , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
PROVISIONS AND SPECIFICATIONS FOR
SMITH & WESSON MODEL 6926 SEMI - AUTOMATIC WEAPONS
1. GENERAL
All bids must be received at the office of the City Clerk on or before
, and shall be submitted on the
enclosed proposal form in a sealed envelope plainly marked "Smith &
Wesson Model 6926 Semi - Automatic Weapons."
It is also understood that the City Council reserves the right to reject any
or all bids, to waive informalities and to award the contract to the best
interest of the City.
The Smith & Wesson Model 6926 semi - automatic weapons proposed and
delivered to the City of Brooklyn Center shall be complete in every
respect and ready for operation in accordance with these specifications.
2. GUARANTEE
The bidder shall furnish a manufacturer's standard warranty as a
minimum and shall guarantee the equipment as to the satisfactory
performance and to be free of defects in design, material and
workmanship. All defective parts, material and labor shall be replaced
free of cost to the City of Brooklyn Center.
3. DELIVERY DATE
The successful bidder shall schedule delivery to the City of Brooklyn
Center for the earliest date possible.
4. AWARD OF CONTRACT
Award of contract by the City of Brooklyn Center will be based on, but
not necessarily limited to the factors of price, delivery date, parts and
service; as well as analysis and comparison of specifications and
performance.
5. OBJECTIONS TO SPECIFICATIONS
Any objections to the specifications must be submitted to the City Clerk
in writing five (5) days prior to the opening of the bids.
6. PROOF OF WORKER'S COMPENSATION
Each bid shall be accompanied by proof that the bidder has Worker's
Compensation Insurance in force. Such proof shall be in the form of a
copy of the bidder's current insurance certificate or certificate of
exemption from the State Insurance Commissioner.
GENERAL
The equipment called for herein shall be a Smith & Wesson, Model 6926
semi - automatic weapon with the following features:
Caliber: 9 mm
Capacity: 14 round magazine with plastic grip adapters
Material: aluminum alloy frame, stainless steel slide with stainless
steel barrel
Finish: nonreflective stainless
Hammer: bobbed
Trigger: smooth
Front Sight: post with white dot
Rear Sight: Novak lomount fixed
Grips: Delrin one piece arched back strap
Barrel Length: 3 -1/2"
Overall Length: 6 -7/8"
Weight Empty: 23.5 oz
Decocker: one step - left side of frame
BID
Bid should be for 45 weapons; 43 stamped 'Brooklyn Center Police" and 2 with
no stamping. Bid should also include 45 of the 14 round spare magazines with
plastic grip adapters.
PROPOSAL
SMITH & WESSON MODEL 6926 SEMI - AUTOMATIC WEAPONS
TO:
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Gentlemen:
We propose to furnish and deliver forty -five (45) Smith & Wesson Model 6926
semi- automatic weapons and forty -five spare magazines according to the
specifications at the following bid price:
1. Bid price per weapon
2. Bid price per spare mag
3. Delivery Date
(calendar days)
Signed
Firm Name
Address
Date
Bid opening:
CITY OF BROOKLYN CENTER Council Meeting Date Ivy qC
Agenda hem Number /OCI �--
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RECOMMENDED DISPOSAL OF CURRENT HANDGUNS
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Signature - le - J' mes Lindsay, Chef W Police /
* * * * * * * * * * * * ** * ** * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * **
MANAGER'S R IEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached yes )
The attached resolution outlines the proposed disposal of the current department
handguns in the event the City Council authorizes the changeover.
RECOMMENDATION:
The City Council approve the proposed program for disposal of the current
department handguns.
0 MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: James Lindsay, Chief of Police
DATE: February 5, 1990
SUBJECT: Recommended Disposal of Department Owned Revolvers
The department currently owns 33 Smith & Wesson Model 65 4" stainless steel
357 mag; 4 Smith & Wesson 2 -1/2" Model 66 stainless steel 357 mag; and 2
Colts 2" blued 38 special. With the exception of the Colts, the Smith &
Wessons were purchased in 1980 at approximately $106.00 each. A gun dealer
estimated their value at this time to be approximately 90.00 h
PP
$ each. gun
Y g
is stamped in the frame, 'Brooklyn Center Police." Because of this, it would
be desirable to restrict the gun from the general public.
For most of the officers, they have been the sole user of their particular gun.
For some, it has been the only gun used by them since entering law
enforcement. There is an obvious sentimental value to most officers.
The explorer scout program in Brooklyn Center is one of the few law
enforcement sponsor posts that do not have firearms for competitive shoots.
The purpose of training explorer scouts in firearms is to properly train them
in safe gun handling before entering police work.
It would be desirable to retain four to six guns by the department for training
explorer scouts in proper handling and shooting of firearms. The Police
Association o has always owned extra
uns for i members
Y use b is The
g Y guns
g
they currently own were donated by Earle Brown and are approximately fifty
years old. The Historical Society would probably be interested in them.
I recommend the current complement of guns be disposed of in the following
manner at a cost of $90.00 if ownership is transferred from the city. It is
estimated approximately $2,000.00 will be realized from the sale. I recommend
the monies be used towards the cost of changing to the 9 mm automatics.
Memo to G. G. Splinter
Page 2
February 5, 1990
First Priority: Officer retention of personal firearm
Second Priority: Department retention for scout training
Third Priority: Purchase by Police Association
Fourth Priority: Receive bids from Federally licensed gun dealers
A number of supplies will be on hand when the change occurs. Holsters will
be of no value and will be art of the purchase of the gun. Guns sold to
include P g
officers would 100 rounds of training ammunition. The value of the
ammo is approximately $3.50. All other ammo and supplies to be retained for
use by the scouts.
FRONTIERSMAN SPORTS,
6925 Wayzata Blvd. NC.
ST. LOUIS PARK, MINNESOTA 55426
Phone 544.3775
CUSTOMER'S ORDER NO.
H NE
NAME
i DATE
ADDRESS .._._._ .... . -..
... .. - _
SOLD By CASH C'OD' ON --
AC MDSE
. ; , pADOlfirz
.... ; . c.
QTY. DESCRIPTION
PRICE AMOUNT
................ ............ .. ......................... ... -...- --- _
... ............................... .
........ --- ----- -.. ....... ....... - ... .... - -- -- ....... .._............. --- " f�
— _..
.............................
111 6f .. ..... ...
—
-- - --
........_. ... _--.........
-- ---------- .................. --
- -- --
. " ....................-_-_ —
- ............ _...... - -- ....... _.___..—_. ......... . - - -�— - - --
... .. ..... .. ... .... ... _ J ".. ..........._... .. ....____ ..._
. ........... . .... . ... -.
._......__. ... .......
....__ . _.._....._.........- .._.._. _... __ ........ _ - .. - ... "._�_ . .-
. - - - - - -- . ._ .____--- .__. --__ ------ .." -.
A
.. .. ��SEd_. -..gun Walla
rtty 90 days exdudl
nk accuracy. & finish Excha Wood
only. No refunds on new � ar repair y
on rnaceUaneoin must be used gur's. Refunds �_ ... .
slip 1p _..
Day jay a P 1� by sales
non -refU� fi n . .......... .. +.... - .._.__. -.
RECEIVED BY TAX
TOTAL
2 /� O �` All claims and returned goo
't v MUST be accompanied by this bill. d
`Thank `You j
l l
Licenses to be approved by the City Council on February 12, 1990:
BULK VENDOR n
Brooklyn Center Lions P.O. Box 29092
Curtis Products Inc.
2516 Dodds Ave.
Sanitarian
CATERING FOOD VEHICLE .
Y
Bridgeman's 6201 Brooklyn Blvd. /
Sanitarian
ITINERANT FOOD ESTABLISHMENT
Brooklyn Center Lions /Band Boosters 6500 Humboldt Ave. N. YL�1/l2
Sanitarian nJ�
MECHANICAL SYSTEMS a
Hopkins Plumbing & Heating 30 North 8th Ave,
Building Official A&
NONPERISHABLE VENDING MACHINES
Earle Brown Bowl 6440 James Circle
Lynbrook Bowl 6357 N. Lilac Drive
Minnesota Vikings Food Service 5200 West 74th Street
Hennepin Co. Service Center 6125 Shingle Ck
Pkwy
wY
Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N.
Schmitt Music 2600 Freeway Blvd.
Silent Knight Security Systems 1700 Freeway Blvd.
State Farm Insurance 5930 Shingle Ck. Pkwy.
Service
America Corporation
7490 Central Ave. NE
Dayton's 1100 Brookdale Center
Graco 6820 Shingle Ck. Pkwy.
MTC 6845 Shingle Ck. Pkwy.
Theisen Vending Company 3804 Nicollet Ave. S.
Brookdale Ford 2550 Co. Rd. 10
Budgetel Inn 6415 James Circle
Econo Lodge 6445 James Circle
Holiday Inn 2200 Freeway Blvd.
Bill West's Service Center 2000 57th Ave. N. 1 -�—
T
Sanitarian
PERISHABLE VENDING MACHINES
Jimmy Jingle 1304 East Lake Street
Brookdale Corporate Center 6300 Shingle Ck. Pkwy.
Builders Square 3600 63rd Ave. N.
Fingerhut Telemarketing 6860 Shingle Ck. Pkwy.
Palmer Lake Plaza 6860 Shingle Ck. Pkwy.
TCR Corporation 1600 67th Ave. N.
Minnesota Vikings Food Service, Inc. 5200 West 74th Street
Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N.
Schmitt Music 2600 Freeway Blvd.
State Farm Insurance 5930 Shingle Ck. Pkwy.
Service America Corporation 7490 Central Ave. NE
Dayton's 1100 Brookdale Center
Graco 6820 Shingle Ck. Pkwy.
MTC 6845 Shingle Ck. Pkwy. ( 7L
Sanitarian 4j<
READILY PERISHABLE FOOD VEHICL
Bridgeman's 6201 Brooklyn Blvd. T!LI/yL
Sanitarian
SPECIAL FOOD HANDLING ESTABLISHMENT
Adventures in Video 6914 Brooklyn Blvd.
M & S Drug Emporium 5900 Shingle Ck. Pkwy.
Fun Services 3615 50th Ave. N.
Gift Shop, Too (Days Inn) 1501 Freeway Blvd.
Maid of Scandinavia Company 5717 Xerxes Ave. N.
Snyder Brothers Drug Store 1296 Brookdale Center
Sanitarian
TAXICAB
Town Taxi 2812 University Ave. SE
Travel Express Taxi 4109 42nd Ave. N.
Yellow Taxi Service Corp. 3555 5th Ave. S.
C 'ef of Police
Qj GE APPROVAL: ``'
D. K. Weeks, City Clerk'