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HomeMy WebLinkAbout1988 11-07 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 7, 1988 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 Appointments: a. Housing Commission Chairperson b. Park & Recreation Commission - Don Peterson 7. Resolutions: *a. Accepting Work Performed under Contract 1988 -I (Relocation of Storm Sewer between 5806 and 5812 Halifax Avenue North) b. Establishing Water System Improvement Project No. 1988- 20, Accepting Proposal and Approving Contract for Water Tower No. 2 Control Valve C. Establishing Traffic Signal Improvement Project No. 1988 -24 and Accepting Proposal for Engineering Services Relating to Installation of Traffic Control Signal System on Shingle Creek Parkway at Main Entrance to Brookdale Square d. Establishing Traffic Signal Improvement Project No. 1988 -25 and Accepting Proposal for Engineering Services Relating to Installation of Traffic Control Signal System on Shingle Creek Parkway at Freeway Boulevard *e. Acknowledging Gift from the Brooklyn Center Crime Prevention Fund -For purchase of a pager. *f. Transferring Funds from the Federal Revenue Sharing Fund to the General Fund CITY COUNCIL AGENDA -2- November 7, 1988 *g. Transferring Funds from the LCMR and LAWCON Fund to the Capital Projects Fund *h. Transferring Funds from the Improvement Bonds of 1969 Debt Service Fund to the Capital Projects Fund 8. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 1 Regarding Animals -This item was first read on October 10, 1988, published in the City's official newspaper on October 20, 1988, and is offered this evening for a second reading. This amendment will allow the City Manager to waive certain fees in cases where an animal has not been claimed from the City's designated pound after a specified period of time. b. An Ordinance Extending Interim Ordinance No. 87 -16 for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community Based Residential Facilities and Similar Uses in the City -This item was first read on October 10, 1988, published in the City's official newspaper on October 20, 1988, and is offered this evening for a second reading. c. An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance -This item is offered this evening for a first reading. 9. Planning Commission Items: (7:45 p.m.) a. Planning Commission Application No. 88019 submitted by Buetow and Associates, Inc. requesting site and building plan approval to construct a 20,000 sq. ft. office building for the City County Credit Union between the Park Nicollet Medical Center and the Learning Tree Day Care Center. This item was recommended for approval by the Planning Commission at its October 27, 1988, meeting. 10. Discussion Items: a. Affirmative Action Plan b. Status and Impact of BFI vs. Hennepin Recycling Group Lawsuit and Review of Recycling Contract Negotiations CITY COUNCIL AGENDA -3- November 7, 1988 C. Park and Recreation Commission Recommendations Regarding Bicycle Trail Plan 1. Concept Approval of Trail Plan 2. Resolution Requesting that the Minneapolis Park Board Complete the Missing Link of the Regional Trailway System between the Penn Avenue Bridge and the North Minneapolis Corporate Limits (at 53rd Avenue North Extended) d. Nuisance Ordinance Amendments e. Executive Session 11. Beer & Wine License - Yen Ching Restaurant *12. Licenses 13. Adjournment CITY OF BROOKLYN CENTER council meeting Date 11 -7 -88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Mayoral Appointment - Park and Recreation Commission DEPT. APP OVAL: bf&Pq=t Personnel Coordinator gnature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report X —. Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Resolution 88 -79 expressed recognition of and appreciation for the dedicated public service of Don Peterson for serving on the park and recreation commission. Peterson had recently purchased a ® resort in northern Minnesota, and because of his absence from this area for a number of months each year, it was assumed by staff that Peterson would no longer be available to serve on the commission. Peterson has since notified the City that he never officially resigned from the park and recreation commission and would like to continue serving on it. There is one vacancy on the commission at this time, so Peterson's reappointment would not be a problem. RECOMMENDED CITY COUNCIL ACTION: Appoint Don Peterson to serve as park and recreation commissioner with a term expiring December 31, 1990. S Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION NO. 88 -79 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DON PETERSON WHEREAS, Don Peterson served on the Brooklyn Center Parks and Recreation Commission from November 7, 1983, to May 1, 1988; and WHEREAS, he actively participated in the preparation of reports from the commission to the City Council on Year 2000 Report assignments; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Don Peterson is hereby recognized and appreciated by the City of Brooklyn Center. May 23, 1988 Date Ma r ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 11 7 /as Agenda Item Number 7& REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -I (RELOCATION OF STORM SEWER BETWEEN 5806 AND 5812 HALIFAX AVENUE NORTH) DEPT. APPROVAL: SY KNAPP DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: 0°z€'. %'� No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Introduction ® Attached is a Resolution Accepting Work Performed Under Contract 1988 -I (Relocation of Storm Sewer Between 5806 and 5812 Halifax Avenue North). Previous Council Action I October 5, 1987 Adopted Resolution 87 -191, Approving Proposal for Engineering Services November 9, 1987 Adopted Resolution 87 -208, Accepting Engineer's Report December 14, 1987 Adopted Ordinance 87 -19, Vacating Part of the Drainage and Utility Easement Between 5806 and 5812 Halifax Avenue North Approved Resolution No. 87 -244, Approving an Agreement for the Relocation of a Storm Sewer Approved Planning Application No. 27023 requesting - variance from the Zoning Ordinance to allow a zero setback. Approved Planning Application No. 87024 requesting variance from the subdivision ordinance allowing the transfer of land without platting. July 25, 1987 • Adopted Resolution 88 -121, Accepting Proposals for Furnishing Materials and Relocating torm Sewer Between 5806 H Avenue g and 5812 Halifax North. Explanation The work performed under Contract 1988 -I completes the relocation of a storm sewer that was located under the north side of the house at 5606 Halifax Avenue North. The work meets specification and final acceptance is recommended. Recommendation City Council adopt the attached Resolution Accepting Work Performed Under Contract 1988 -I (Relocation of Storm Sewer Between 5806 and 5812 Halifax Avenue North). r 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -I (RELOCATION OF STORM SEWER BETWEEN 5806 AND 5812 HALIFAX AVENUE NORTH WHEREAS, pursuant to written Contract 1988 -I, signed with the City of Brooklyn Center, Minnesota, Glendale Contracting, Inc. of Plymouth, Minnesota has satisfactorily completed the relocation of the storm sewer on Halifax Avenue North in accordance with said contract; and WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, North Star Concrete Company, has furnished materials for the relocation of the storm sewer in accordance with said contract; and WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Lowell Blom has satisfactorily completed the restoration of fence and plant material in accordance with said contract; and WHEREAS, the property owner has agreed to pay a maximum of $16,300 for the relocation of the storm sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under p nd r said contract is hereby accepted and approved according to the following schedule: North Star Concrete Company 3,012.75 Glendale Contracting 12,980.00 Change Order No. 1 528.00 Lowell Blom 1,532.50 Total Contract $19,400 $18,053.25 Engineering Consultant 2,500 2,500.00 City 1,550 1,444.25 Administration 190 180.50 Legal 190 180.50 Total $23,830 $22,358.50 2. The value of the work is less than the original contract amount by $3971.50 due to a general under estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $18,053.25. RESOLUTION NO. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: The costs will be financed as follows: As Approved Final Amount Payment by Property Owner $16,300 $16,300.00 MSA Account 2600 7.530 6,058.50 Total Revenue $23,830 $22,358.50 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 11/7/88 Agenda Item Number - 7p REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -20, ACCEPTING PROPOSAL AND APPROVING CONTRACT FOR WATER TOWER NO. 2 CONTROL VALVE DEPT. APPROVAL: SY KNAP DIRE TOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION:,, No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Explanation At the time Water Tower No. 2 (located at 69th Avenue and Dupont Avenue No.) was constructed, that project included the installation of a hydraulically- operated control valve in the water line which carries water to and from that water tower. The purpose for installing that control valve was to assure maximum utilization of the other water during high demand days. (I.e., during certain periods of a high- demand day, hydraulic conditions exist where this tower, because it is located near the City's well field, will overflow while the other two water towers are partially empty -- unless there is a way to shut a valve so that water is forced to the other two towers.) As noted, a control valve was installed at the time this water tower was built in 1960. Unfortunately, however, that valve has never functioned properly and has been inoperative since a year or two after its installation. Until this year it has not been possible to get a good evaluation on the impact of this malfunction. While hydraulic analyses indicated that the impact would be substantial, our Public Utility operators reported that the impact was negligible. Because of the installation and implementation of the SCADA system (i.e., our automated Supervisory Control And Data Acquisition system) we have now been able to measure the impact of the malfunction of this control. Water levels at Water Towers No. 1 and 3 were six to eight feet lower than the overflow water level at Water Tower No. 2. However, because our pumps were set to shut down when Water Tower No. 2 was full, we lost our ability to continue pumping during those periods. City Engineer, Bo Spurrier, now estimates that, ® our effective pumping capacity was reduced approximately 790,000 gallons per day, during peak demand days because of our inability to.close this valve at Water Tower No. 2. Recommendation ® It is recommended that the hydraulically- operated valve be replaced with an electrically-operated - icall o y perated valve, and that the SCADA system be expanded to integrate control of this valve into SCADA's "supervisory control" function (i.e., the SCADA system will automatically close this valve when Water Tower No. 2 is full; and shutdown of the pumps will not occur until Water Tower No. 3 is full). Thus maximizing utilization of our full pumping capacity. During the installation of the surge tank at Well No. 8, we salvaged an electrically - operated valve which is in good condition, and can readily be reconditioned and adapted for use at Water Tower No. 2. Following is our estimate of costs related to making this change: Supplier Item Cost R. E. Mooney Valve reconditioning parts $ 1,392.00 Prospect Drilling Cutting holes in the concrete vault 425.00 in which the valve is located -- as needed to accommodate the new valve and fittings Dynamic Systems SCADA hardware, software and program 5,826.20 changes Collins Electric Electrical installation as needed to 2,965.00 • to provide electrical power for valve operation, SCADA operation, sump pump in vault, etc. Misc. Parts from Stock 500.00 Total $11,108.20 Council Action Required The attached resolution is submitted for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -20, ACCEPTING PROPOSAL AND APPROVING CONTRACT FOR WATER TOWER NO. 2 CONTROL VALVE WHEREAS, the City Engineer has reported to City Council that it is necessary and in the best interest of the City of Brooklyn Center, Minnesota to make improvements to the control valve at Water Tower No. 2; and WHEREAS, the City Engineer has received a proposal for the automation of the control valve at Water Tower No. 2 from Dynamic Systems, Inc., Eden Prairie, Minnesota, in the amount of $5,826.20; and WHEREAS, the Director of Public Works has recommended that a contract be awarded to said firm in the amount of $5,826.20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -20 WATER TOWER NO. 2 CONTROL VALVE 2. The proposal of Dynamic Systems, Inc., Eden Prairie, Minnesota, in the amount of $5,826.20 is hereby accepted. The City Manager is hereby authorized and directed to enter into a contract with said firm in that amount. 3. All of the costs related to said project are as follows: R. E. Mooney $1,392.00 Prospect Drilling 425.00 Dynamic Systems 5,826.20 Collins Electric 2,965.00 Miscellaneous Parts From Stock 500.00 Total $11,108.20 4. Costs related to said improvement project will be charged to the Utility Fund. RESOLUTION NO. 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 11/7/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -24 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT MAIN ENTRANCE TO BROOKDALE SQUARE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KliPP 6IR ECT R OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: n No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation At its meeting on October 25, 1988, the Administrative Traffic Committee recommended that the City proceed with installation of a traffic control signal on Shingle Creek Parkway, at the main entrance to Brookdale Square. It is noted that the City has an existing agreement (copy attached) with the owners of Brookdale Square which provides that if the City Council determines that installation of a traffic control signal system at the main entrance to Brookdale Square becomes necessary, on or before January 1, 1991, the City Council may proceed with the installation and charge the costs to the Owner. A proposal has been obtained from the firm of Short - Elliott - Hendrickson Inc. (SEH) to provide the design and bid letting engineering services at a cost not to exceed $5250 and to provide construction inspection services at a cost not to exceed $2000. Under the proposal, the City Engineering Department would provide as -built plans showing existing conditions to SEH, conduct all traffic counts needed, and provide them to SEH for their analysis and preparation of the reports needed to satisfy Municipal State Aid requirements, advertise the project, open bids and provide basic contract administration (with SEH providing technical inspection of the signal system installation). Council Action Required A resolution is provided for consideration by the City Council. If that resolution is adopted, City staff will first make contact with the owner of Brookdale Square to determine which option they wish to follow. Should the owner elect to install the traffic control signal system at his own S cost, no additional action would be required. However, if the owner is "unwilling or unable" to do so, the resolution provides the basis for proceeding with this project as a City improvement, with the costs to be charged to the property owner. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -24 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT MAIN ENTRANCE TO BROOKDALE SQUARE WHEREAS, the City of Brooklyn Center and the Owners of Brookdale Square entered into an agreement dated January 16, 1980, providing for the installation of a traffic control signal on Shingle Creek Parkway, for the purpose of controlling ingress and egress to the Brookdale Square property at a location selected by the City; and WHEREAS, the Administrative Traffic Committee has recommended that such traffic control signal system be installed and the City Council concurs in said recommendation; and WHEREAS, the Director of Public Works has obtained a proposal from the firm of Short - Elliott Hendrickson Inc. (SEH) to provide engineering services relating to the design, bid letting and construction inspection of such traffic control signal system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established and ordered: IMPROVEMENT PROJECT NO. 1988 -24, INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEM ON SHINGLE CREEK PARKWAY AT THE MAIN ENTRANCE TO BROOKDALE SQUARE 2. The City Manager is hereby authorized and directed to notify the Owner of Brookdale Square of the City's determination that said system shall be installed as soon as possible, and to request the Owner to advise the City whether he is willing and able to proceed with said installation at his own cost or whether the City shall proceed with the installation as a City improvement in accordance with the terms of the agreement. 3. In the event the City Manager determines that the Owner is unwilling or unable to proceed with said installation, then the proposal submitted by SEH is hereby accepted and the Mayor and City Manager are hereby authorized and directed to execute an agreement with that firm to provide the specified engineering services at a cost not to exceed $7250. In that event, the City Manager shall also advise the Council regarding subsequent actions to be taken to complete the proposed improvement and to achieve compliance with the terms of the City's agreement with the Owners of Brookdale Square. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was du seconded b P g g y y member and upon vote being taken thereon the following P g g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DECLARATION OF COVENANTS, AND CONSTRUCTION AGREEMENT FOR A TRAFFIC CONTROL SIGNAL THIS DFCIARATI01 and Agreement is made by and bet,aeen the City, as herein- after defined, and Co�am. -rcial Partners /Brno kdale, a A'.i nnesota partnership, hereinafter called the a-iner, on t?ie date '__ereirafter set fc'- This Declaration and Agre3rent may be filed !T� � t1ae City wits, t_'� !'_err��=n County Recorder, provided that such filing shall occur no sooner t7han.90 days frcrn the date of execution of this agreanent by all parties. DEFINITIO14S 1. The Property The plat of Brookdale Square, Hennepin County. 2. The Parkway Shingle Creek Parkway, a Municipal State Aid Street abutting the Property and having its southerly terminus at Hennepin County Road No. 10 and its northerly terminus at 3. The City The City of Brooklyn Center, a Minnesota municipal corporation. 4 . The Owner One or more persons or entities, holding a fee simple interest in The Property, or holding the vendees interest in a contract for deed on The Property, which interest has been recorded in the office of the County Recorder, Hennepin County. 5. Traffic Control Signal. A semaphore including all appurtenances and apparatus necessary for its operation designed in accordance with the terms of this agreement. — PURPOSE 1. The Owner The Owner desires approval by the City of its plat of the Property, including ingress and egress to the Parkway, with the intention and purpose of developing the Property by construction of a shbpping center, said construction eventually resulting in a substantial increase in vehicular and pedestrian traffic in and to the Property. 2. The City The City, in approving a plat for the Property desires to make provision for the installation, at an appropriate time in the future, of - a Traffic Control Signal to regulate ingress and egress of vehicular and pedestrian traffic to the Property from the Parkway. 3. Declaration and Agreement The Owner hereby declares and the City hereby agrees that the Property shall be held, sold and conveyed subject to the following; covenants, conditions, agreements and restrictions which are for the purpose of providing ingress and egress to the Property, and which shall run with the land described as the Property, and which shall be binding on all parties having any right, title or interest in the Property, or any part thereof, their heirs, successors and assigns, and which shall inure to the benefit of the Owner thereof and to the benefit of the City. In furtherance of said covenants, conditions, agreements and restrictions, the Owner and the 0 City make the following agreements. CONSTRUCTION AND MAINTENANCE 1: Constructi The Owner shall construct a Traffic Control Signal controlling ingress and egress to the Property, to and from the Property at a location to be determined by the City. The timing, nature, design, plans, specifi- cations, construction procedures, contract documents, and all other details of the said construction shall be subject to the approval of the City. In the event that the City deems the a-rner to be unwilling or unable to con- struct the traffic control signal at the time deemed appropriate in accordance herewith, the City shall have the option of undertaking and completing the said'construction without interference with the Owner. 2. Timing Construction of the Traffic Control Signal shall be completed on or before January 1, 199.'., provided however, that in the event the City in the reasonable exercise of its discretion, based upon sound traffic engineering principles, determines that construction of the Traffic Control Signal is reasonably necessary or convenient prior to that date, the Owner agrees to the acceleration of all relevant provisions of this agreement as are required to implement the agreement within the time schedule determined by the City. In the event that the City, in the reasonable exercise of its discretion, based upon sound traffic engineering principles, determines that construction of the Traffic Control signal is not necessary or convenient prior.' to January 1, 1991, then and in that event, this agreement shall be null and void. 3. - Maintenance Upon construction of the Traffic Control Signal, and subject to the financing provisions herein, the Owner shall bear no further right or responsibility whatever for the Traffic Control Signal, including, without limitation, the repair, maintenance, reconstruction, relocation, continued use, or control of the Traffic Control Signal, and any right', title or inter- est in the Traffic Control Signal or its operation be transferred to the City, FINANCING 1. Cash Payment All costs of construction, including design, engineering and inspections shall be borne by the Owner and the Owner hereby agrees to indemnify and hold the City harmless from any such costs. In the. event that the.City exercises its option to construct the Traffic Control Signal, the Owner, upon final approval of the plans and specifications for the Traffic Control Signal by the City, shall deposit one hundred (100 %) per cent of the estimated cost thereof, together with fifteen (15 %) per cent for administrative and inspection costs, in an escrow account subject to an appropriate escrow agreement which governs the release, by the City,. of such funds, to o - the City, laborers, sub- contractors, contractors, material men, and others to whom the City may become indebted by reason of the City's construction of the Traffic Control Signal. Any excess remaining in the escrow account after completion of the project and payment of all costs shall be returned to the Owner. Any deficiency in the escrow account remaining after construction and payment of all costs shall be promptly paid by the Owner to the City within thirty (30) days after notice thereof. f ' 2. Payment by Special A sessment I v Owner 's unable _ y p n the event the or i unwilling to pay the costs described herein by establishment of the escrow account, the City may assess the said costs against the • Property in accordance with Chapter 429 of Minnesota Statutes and its successors. The said costs shall be payable under Chapter 429 with appropriate interest payments over a period of not to exceed ten (10) years. 2 -a. Waivers The Owner waives notice of hearing on the improvement, waiver notice of notice of the assessment, and waiver of all other notices and rights, whether legal, equitable or constitutional, which might impair the valid- ity of the assessment. The owner hereby petitions for the installation of the improvement, said petition to be operative in the event that special assessments are contemplated by the City for the financing of the improvement. 2 -b. Acknowledgement of Benefit The O\. acknowledges that the Parkway benefits the Property and that as traffic volumes on the Parkway and in and to the Property increase, the Property will benefit from the installation of the Traffic Control Signal, such benefit being equal to or greater than the cost of materials and labor necessary to construct the traffic control signal. 2 -c. Pending Special Assessments The City shall prepare a current estimate of the construction costs of the Traffic Control Signal, based upon 1981 costs and shall prepare an estimate thereof each year thereafter and notify the Owner of the amount of such estimate. The City's estimate, each year, shall be carried on the books of the City's Special Assess- ment Clerk as a Pending Special Assessment. IN .WITNESS WHEREOF, the parties have hereunto set their hands this .may of y _:r r.! 1980. Cod vt�t By e '�vt�ctS 1 zz ti-m.Y, c ��' t, Q �� - VJ 4 THE CITY; F BROOKLYN CENT , MINNESOTA By / MAYOR CITY MANAGER i' STATE OF MINNESOTA ) ss. COUNTY OF On this L'' _ day of � 1980,-before me a Notary,, . Public within and for said County, personally appeared CG/ C - stJS , SGT/ Pe �� . c Wt ;F i �L G' 1-m of the corporation named in the foregoing instrument; that the s eal affixed to said instrument is the corporate seal of said corporation; that said instru- ment was signed and sealed in behalf of said corporati n by authority of its Board of Directors, and said X12 % . - Z�` - 4� G'� 1 acknowledged said instrument to be the free ct an eed o s d cor oration. Notary! of Q. 6 19;,5 y STATE OF MINNESOTA ss. COUNTY OF J On this � - day of ���- 'J,�_ 1980, before me a Notary Public within and for said county, personally appeared �4 and C C S .�����`� to me personally known, who being each by me duly sworn did say that they are respectively the Mayor and the City Manager of the City of Brooklyn Center, a municipal corporation named in the foregoing instrument; that the seal affixed to said instrument is the corporate seal of said municipal corporation by authority of the City Council of the City of Brooklyn Center and the said Ir -\ .r` %1!\, and C , G: - -, f%_ k acknowledged said instrument to be the free /act and deed of said municipal corporation. MOLE J. i:LGt'JERS No Publi I t;l':TA �E'l�' I�i�+ ES0TA C0CY7Y - fly cornmissi, n c rp;res De;.. 12,1985 � XWVWVV�vvVVVV1�� 'vVW�vV\1YVVVYVVVY . CITY OF BROOKLYN CENTER Council Meeting Date 1 - 1 -7 /7 � / Agenda Item Number / Ci REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -25 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AT FREEWAY BOULEVARD DEPT. APPROVAL: SY KNAPP/ DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) Explanation The existing geometric configuration and temporary traffic control signal system at the intersection of Shingle Creek Parkway and Freeway Boulevard are no longer able to efficiently manage the increased traffic volumes and turning movements which flow through this intersection. Accordingly, it is recommended that the City proceed to develop plans and specifications for the improvement of this intersection. In discussions with MNDOT representatives, it is apparent that the continued work I -694 improvements during 1989 and 1990 will result in some increased traffic volumes through this intersection during certain phases of the work on I -694, and that any work at this intersection must be coordinated with the work on L -694. MNDOT has agreed to review their construction schedule and to advise us within the next few months as to when the best "window of opportunity" will occur, which would allow the City to make these intersection improvements - either during the summer of 1989 or during the summer of 1990- with a minimum of conflict between the two projects. A proposal has been obtained from the firm of Short - Elliott Hendrickson Inc. (SEH) to provide design and bid letting engineering services at a cost not to exceed $5250 and to provide construction inspection services (relating only to the traffic signal installation) at a cost not to exceed $2000. Under this proposal, the City Engineering Department would provide as -built plans showing existing conditions to SEH, conduct all traffic counts needed, and to provide them to SEH for their analysis and preparation of the reports needed to satisfy Municipal State Aid requirements, develop the construction plans and specifications as needed relating to required geometric improvements, advertise the project, open bids, and provide contract administration (with SEH providing technical inspection of the traffic signal system installation). I In conjunction with their work under the proposed agreement, SEH would also • provide expert assistance in coordinating our project with MNDOT's schedule. Council Action Required A resolution is provided for consideration by the City Council. S 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -25 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AT FREEWAY BOULEVARD WHEREAS, the Director of Public Works has recommended that geometric improvements be made, and that a permanent traffic control signal system be installed at the intersection of Shingle Creek Parkway and Freeway Boulevard; and WHEREAS, the Director of Public Works has obtained a proposal from the firm of Short - Elliott Hendickson Inc. (SEH) to provide engineering services relating to the design, bid letting and construction inspection of such improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: IMPROVEMENT PROJECT NO. 1988 -25 INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT FREEWAY BOULEVARD 2. The proposal submitted by SEH is hereby accepted and the Mayor and City Manager are hereby authorized and directed to execute an agreement with that firm to provide the specified engineering services at a cost not to exceed $7250. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER CRIME PREVENTION FUND WHEREAS, THE BROOKLYN CENTER CRIME PREVENTION FUND has presented the City a gift of three hundred dollars ($300) and has designated it to be used to purchase a pager for the Police Department and to provide for one year of its maintenance; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Crime Prevention Fund 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 $195 be appropriated to the Police Depart- ment Capital Outlay Budget to be used to purchase the pager and $105 be approp- riated to the Police Department Miscellaneous Budget to be used to maintain the pager. r 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. I MEMORANDUM TO: Paul Holmlund, Director of Finance FROM: Jim Lindsay, Chief of Police DATE: October 20, 1988 SUBJECT: Crime Prevention Fund Gift Attached please find a check for three hundred dollars ($300.00) from the Brooklyn Center Crime Prevention Fund. As noted on the check, the money is to be used for the purchase of a panasonic pager, plus one year of air time for use of the pager. I would appreciate if, at your convenience, you would prepare a resolution for the Council to accept the gift. Of the three hundred dollars ($300.00), please place one hundred ninety -five dollars ($195.00) in the police capital outlay account, 4552. Please place the remaining one hundred five dollars ($105.00) in the police miscellaneous account, 4220. The miscellaneous funds will include air time, connect charge, et cetera. If you have any questions, please contact me. CITY OF BROOKLYN CENTER Council Meeting Date 7 �8 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION Resolution To Transfer Funds From The Federal Revenue Sharing Fund To The General Fund DEPT. APPROVAL: Signature -title MANAGER'S REVIEW /RECOMMENDATION: 644 No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The final distribution of Federal Revenue Sharing Funds took place in January 1987 when the City received $2,667.00. The balance presently in the fund includes that • amount plus investment earnings for 1986 and 1987. Additional investment earnings will be received for 1988, but they can't be determined until year end. Since no additional distributions are expected from Federal Revenue Sharing, we recommend that the available balance be transferred to the General Fund and this fund be closed. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND ----------------------------------------------------- WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistant with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, on November 23, 1987 the City Council adopted Resolution No. 87 -224 which amended the 1988 Annual Budget for the City and encumbered Federal Revenue Sharing funds in the amount of $28,000 to be transf eyed to General Fund subsequent to the expenditure of funds by the General Fund for appropriations in said 1988 Annual Budget; and WHEREAS, the Fund Balance in this fund as of December 31, 1987 was $26,442; and WHEREAS, certain expenditures have been made from the General Fund, and they are as follows: Voucher Divi- Number sion Amount Vendor Purpose --------------- - - - - -- --------------------- 026459 42 $7,568.00 Ruffridge- Johnson Flow & sander 207696 42 23,898.00 Superior Ford Inc. 1988 Ford truck TOTAL $31,466.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $26,442 fran the Federal Revenue Sharing Fund to the General Fund; and BE IT FURTHER RESOLVED to transfer the 1988 interest earnings of the Federal Revenue Sharing Fund to the General Fund when they have been determined at year end; and BE IT FURTHER RESOLVED to close the Federal Revenue Sharing Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded i 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 7 =9 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION Resolution To Transfer Funds From `'hz LC14R And LAWCON Fund To The Capital Projects Fund DEPT. APPROVAL: G� N a r,4j , aA-a- F4,410 � Signature - title ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The final LAWCON grant was received during 1987 and no further grants are expected. Accordingly, we recommend closing the LCMR and LAWCON Fund and transferring its ® remaining assets to the Capital Projects Fund. The balance currently in the fund came about because in earlier years, grant revenues sometimes remained in the fund for a period of time, resulting in interest income for the fund. Additional investment earnings will be received for 1988, but they can't be determined until year end. 73 1 ,, Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION TO TRANSFER FUNDS FROM THE LCMR AND LAWCON FUND TO THE CAPITAL PROTECTS FUND ---------------------------------------------------------- WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistant with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, the LCMR and LAWCON Fund has been used to receive grant revenues and then transfer the money to the Capital Projects Fund as qualified projects were completed; and WHEREAS, grant revenues sometimes remained in the LCMR and LAWCON Fund for a period of time resulting in interest income for the fund; and WHEREAS, the fund had accumulated by this method a fund balance of $97,899 as of December 31, 1987. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $97,899 from the LCMR and LAWCON Fund to the Capital Projects Fund; and BE IT FURTHER RESOLVED to transfer the 1988 interest earnings of the LCMR and LAWCON Fund to the Capital Projects Fund when they have been determined at year end; and BE IT FURTHER RESOLVED to close the LCMR and LAWCON 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. P CITY OF BROOKLYN CENTER Council Meetin Date // " -7-�'� Agenda Item Number N REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION Resolution To Transfer Funds From The Improvement Bonds Of 1969 Debt Service Fund To The Capital Projects Fund DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: t r-4 1. P;. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The final debt service payment for the Improvement Bonds of 1969 will be made during December 1988 in order to meet a January 1, 1989 due date. Once bonds have been paid, ® there is no longer any reason to maintain a separate debt service fund. Accordingly we recommend that this fund be closed and remaining assets be transferred to the Capital Projects Fund. Revenues during 1988 from investment earnings and special assessment collections can't be determined until year end, but should roughly equal to the year's debt service cost. The final amount available for transfer will be approximately the same as the December 31, 1987 fund balance of $,130,870.00. Assets transferred will include cash and some residual special assessments receivable. - 7g (ISADEB T ) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO TRANSFER FUNDS FROM THE IMPROVEMENT BONDS OF 1969 DEBT SERVICE FUND TO THE CAPITAL PROJECTS FUND WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistant with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, the Improvement Bonds of 1969 Debt Service Fund was established to receive special assessment income and to make debt service payments on bonds sold to finance improvements related to said assessments; and WHEREAS, there now exists accumulated cash surpluses and residual special assessment receivables which are primarily a result of the interest earned on the investment of special assessment pre - payments and annual assessment levies; and WHEREAS, the Fund Balance in this fund as of December 31, 1987 was $130,870; and WHEREAS, all obligations of the Improvement Bonds of 1969 Debt Service Fund will be satisfied and all bonds paid by December 31, 1988. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $130,870 fran the Improvement Bonds of 1969 Debt Service Fund to the Capital Projects Fund; and BE IT FURTHER RESOLVED to transfer the excess of 1988 revenues over expenditures of the Improvement Bonds of 1969 Debt Service Fund to the Capital Projects Fund when they have been determined at year end; and BE IT FURTHER RESOLVED to close the Improvement Bonds of 1969 Debt Service 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. CITY OF BROOKLYN CENTER Council Meeting Date 11 -7 -88 Agenda Item Number Fo-_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 1 REGARDING ANIMALS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 4&440 Personnel Coordinator ignature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X BACKGROUND 10 -10 -88 - The city council approved for a first reading and set a public hearing date on November 7, 1988, for An Ordinance Amending Chapter 1 Regarding Animals. The amendment will give the city manager an opportunity to waive certain fees in cases where an animal impounded . by the City has not been claimed from the City's designated pound after the waiting period specified by City ordinance. The purpose of the amendment is to give residents the opportunity to adopt stray animals without having to pay all the costs normally incurred by an owner whose pet has been running at large. Some concerns were raised by staff about the wording of the amendment, and after review by the city attorney, the language of the amendment was changed to better reflect the City's intent. Option A is the ordinance approved for first reading on October 10, and Option B is the ordinance which staff feels will better reflect the intent of the amendment. RECOMMENDED CITY COUNCIL ACTION: Convene a public hearing and approve for a second reading An Ordinance Amending Chapter 1 Regarding Animals (option B). I • OPTION A CITY OF BROOKLYN CF ER Notice is hereby given that a public hearing will be held on the 7th day of November , 1988, at 7:30 p.m. at City Hall, 6301. Shingle Creek Parkway, to consider an Ordinance Amending , Chapter 1 regarding animals. 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 1 REGARDING ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 1 -117 REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not bef:in previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. Th city manager or the city manager's designee may waive the l ate license Penalty and the impounding penalty in ca where the animal has not been claimed from the designated pound after five days in accordance with Sect 1 -116 of this ordinance. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) OPTION B CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1988, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 1 regarding animals. 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 1 REGARDING ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 1 -117 REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. The city manager or the city manager's designee may waive the late - license penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1 -118 of this ordinance Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 7th day of November, 1988 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Extending Interim Ordinance No. 87 -16 for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Cornnunity, and Regulating and Restricting the Development of Adult Halfway Houses, Community Based Residential Facilities and Similar Uses in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Perscnnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. ORDINANCE EXTENDING IN'T'ERIM ORDINANCE NO. 87 -16 FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATI14G AND RES'iRICTING THE DEVELOPMENT OF ADULT HALF HOUSES, COM MUNITY BASED RESIDENTIAL, FACILITIES A ND SIMILAR USES IN THE CI THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01 On October 26, 1987, the City Council adopted Ordinance No. 87 -16 which placed a moratorium on the development of adult halfway houses, community based residential facilities and similar facilities in the City. 1.02 The moratorium was necessary to protect the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its residents retained the benefits of the City's Comprehensive Plan and Zoning Ordinances until a study of such facilities could be completed and any necessary modifications to the City's zoning and land use regulations could be accomplished. 1.03 The moratorium imposed by Ordinance No. 87 -16 will expire on November 14, 1988. — — 1.04 The studies of such uses which have been undertaken by the City will not be completed by November 14, 1988. However, the justifications for the moratorium recited in Ordinance No. 87 -16, continue and will continue to exist. Therefore, it is necessary to extend the moratorium as hereinafter provided. Section 2. Determination. 2.01. The moratorium imposed by Sections 2.01 and 2.02 of Ordinance No. 87 -16 are hereby extended and continued. 2.02 This ordinance shall remain in effect until Rpri 1 30, 1 agg or such earlier date as may be adopted by the City Council, provided that, if the study and planning process have not been completed by said date, this ordinance may be extended for such additional periods as deemed necessary by the City Council not to exceed an additional period of eighteen months from November 14, 1988, as permitted by Minnesota Statutes, Section 462.'355, Subdivision 4 ORDINANCE NO. Section 3. Applicability. This ordinance applies to only application for site plan approvals, rezo licenses, plattings or replattings,land divisions or consolidations, special use permits or building permits that have not received preliminary approval by the City Council before Octob 6, 1987. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Mayor Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Council Meeting Date 1 1 -7_,qg Agenda item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • ITEM DESCRIPTION: An Ordinance Amending Chapter 19 of the City Ordinance by declaring the parking of certain vehicles in residential zoning districts a public nuisance. DEPT. APPROV 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 _) The City Council at its October 24, 1988 meeting directed the staff to prepare an ordinance amendment which would prohibit the parking of certain commerical vehicles • and equipment in residential zoning districts. The Council made this decision after reviewing various slides of different size trucks and determined which vehicles were inappropriate for residential districts. The size of vehicle which seemed to be acceptable was the 1 ton truck used by the Utility Department having a gross vehicle weight of 9,000 pounds. The proposed ordinance will utilize three criteria for determining which vehicles can be parked in residential zones. A maximum lenght, or a maximum height or maximum gross vehicle weight of 9,000 pounds. We will present maximum lenght and height limitations for the Councils consideration on Monday evening. The proposed ordinance prohibits the parking and /or storage of all construction equipment and farm vehicles and equipment. Various commercial vehicles would be prohibited based on lenght, height or gross vehicle weight. The ordinance also gives examples of prohibited equipment and vehicles such as dump trucks, construction trailors, backhoes, front end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, tractor- trailors, step vans, cube vans and the like. This proposal also makes it clear that the provisions of the ordinance do not apply to recreation equipment as specified in Minnesota Statues 168.011, Sub Division 25 (copy attached). • 3732 r MOTOR VEHICLES; REGISTRATION; TAXATION; SALES; DEALERS 168.011 he term it icle not designed or used primarily for the transportation of persons or property and solely by incidentally operated or moved over a highway, including but not limited to: ditch nsport the ,.:aging apparatus, moving dollies and other machinery such as asphalt spreaders, is used on a . mixers, bucket loaders, tractors other than truck - tractors, ditchers, leveling a completed aders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry ion 169.01, Nils, scrapers, power shovels, drag lines, self - propelled cranes and earth moving equip 'e, including A The term does not include house trailers, dump trucks, truck mounted transit it ofa towed It fixers, truck mounted feed grinders or other motor vehicles designed for the transpor- le towed or ' t::tion of persons or property to which machinery has been attached. ,= Subd. 23. Station wagon. "Station wagon" means a dual purpose vehicle :ck- tractors, designed for the transportation of persons and also designed in such a manner that the agricultural, ats may be removed or folded out of the way for the purpose of increasing the ? or finished .)roperty carrying space within the vehicle. The term includes, but is not limited to, e farmer to `` 1.. pes of vehicles which carry the trade names of station wagon, estate wagon, ranch o transport %vagon. town and country wagon, country sedan, suburban, travelall, and carryall. .tors, semi- f" Subd. 24. [Repealed, 1973 c 218 s 9] thereof to Subd. 25. Recreational equipment. (a) "Recreational equipment" means house the owner sailers including those which telescope or fold down, chassis mounted campers, house constitutes cars, motor homes, tent trailers, slip in campers, and converted buses that provide farmer or = temporary human living quarters. A vehicle is considered to provide temporary living Pulpwood, _ quarters if it: n the place (1) is not used as the residence of the owner or occupant; stitutes the ansporting K (2) is used for temporary living quarters by the owner or occupant while engaged producer in recreational or vacation activities; and hip where (3) is self - propelled or towed on the public streets or highways incidental to the u of recreational or vacation activities. a, M (b) For the purposes of this subdivision, a motor home means a unit designed to arvesting, provide temporary living quarters, built into as an integral part of, or permanently attached to, a self - propelled motor vehicle chassis or van. A motor home must contain ;e of their 4i, permanently installed independent life support systems which meet the American to trans- National Standards Institute standard number A119.2 for recreational vehicles and for final provide at least four of the following facilities, two of which must be from the systems to a place listed in clauses (1), (5), and (6): (1) cooking facility with liquid propane gas supply, nean that _ (2) refrigerator, (3) self - contained toilet or a toilet connected to a plumbing system with rvices for connection for external water disposal, (4) heating or air conditioning separate from supplies. the vehicle engine, (5) a potable water supply system including a sink with faucet either self- contained or with connections for an external source, and (6) separate 110 -125 volt les desig- electrical power supply. For purposes of this subdivision, "permanently installed" means built into or attached as an integral part of a chassis or van, and designed not required -x; to be removed except for repair or replacement. A system which is readily removable roistered or held in place by clamps or tie downs is not permanently installed. Motor homes include but are not limited to, the following: )f model (1) Type A Motor Home — a raw chassis upon which is built a driver's compart- all me an ment and an entire body that provides temporary living quarters as defined in this paragraph; I eg aging (2) Type B Motor Home — a van -type vehicle that conforms to the motor home dealing definition in this paragraph and has been completed or altered by the final stage the sale, manufacturer; and t new and des any (3) Type C Motor Home — an incomplete vehicle upon which is permanently firing or attached a body designed to provide temporary living quarters as defined in this K bodies, paragraph. e, trade (c) Slip in campers are mounted into a pickup truck in the pickup box, either by ;session bolting through the floor of the pickup box or by firmly clamping to the side of the - k pickup box. The vehicle must be registered as a passenger automobile. , .s + Subd. 26. Motorcycle. "Motorcycle" means every motor vehicle having a seat i CITY OF BROOKLYN CENTER YC" Notice is hereby given that a public hearing will be held on the day of _, 1988 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Nuisance Ordinance by declaring the parking of certain vehicles in residential zoning districts a public nuisance. 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 ORDINMICE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE 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 nuisance to permit, maintain, or harbor any of the following: 12. The parking and /or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than feet, or a height greater than feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property or public street within a residential zoning district. Such equipment and vehicles shall include, but are not _limited to, the following: dump trucks, construction trailors, back hoes, front -end loaders, bobcats, well drillin equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck - tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. — b) Any equipment or vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful c) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. — Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. Q Adopted this day of 1 Q ,8�. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). i MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 27, 1988 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:35 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Wallace Bernards, Mike Nelson, Bertil Johnson and Ellamae Sander. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman Lucht stated Commissioner Lowell Ainas was unable to attend this evening's meeting and was excused. APPROVAL OF MINUTES - SEPTEMBER 22, 1988 There was a motion by Commissioner Nelson seconded by Commissioner Malecki to approve the minutes of the September 22, 1988 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki, Bernards, Nelson, Johnson and Sander. Voting against: none. Not voting: Chairman Lucht, as he was not present at that meeting. The motion passed. APPLICATION NO. 88019 (Buetow and Associates, Inc.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to construct an approximate 20,000 sq. ft. office building for the City- County Credit Union on the vacant parcel of land between Park Nicollet Medical Clinic and the Learning Tree Day Care Center. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 88019 attached). He stated that drainage calculations do not have to be submitted for the 5 -year and 100 -year storm prior to City Council consideration as indicated in the staff report, but must be submitted to and approved by the City Engineer before building permits are issued. Commissioner Bernards asked if the the drive -up window traffic would affect the nearby Learning Tree Day Care Center. He also asked if there is proper screening around the day care center. The Secretary responded that there is a fence for screening. He stated that the first floor of the office building is retail rather than office with different peaks of traffic, therefore, no major traffic impact is expected. He noted that he did not believe the bank traffic would adversely effect the day care operation. Commissioner Bernards asked what hours are planned for the credit union. The Secretary answered that they would probably be from 8:00 a.m. to 5:30 p.m. weekdays. He commented the building is attractive and should fit in well with the surroundings. Chairman Lucht asked the applicant if he had anything to add. Mod Feders, representative of the architect, Buetow and Associates, Inc., stated he sensed there has been a lack of communication on the grading, drainage and utility plans, but the applicant plans to do what is required. The Secretary asked the applicant when he plans to get the project underway. Mr. Feders answered they hope to start in early 1989. Chairman Lucht asked if there is a credit union in the area now. Thomas Nord, President of City County Credit Union, stated that there is a credit union office next to the Target store on Shingle Creek Parkway. 10 -27 -88 _1_ t . ACTION RE COMMENDING APPROVAL OF APPLICATION NO. 88019(Buetow and Associates, Inc.) There was a motion by Commissioner Nelson seconded by Commissioner Nelson to recommend approval of Application No. 88019 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be revised prior to consideration by the City Council to indicate the following: a) Two additional Black Hills Spruce on the landscape plan. b) A separate grading, drainage, and utility plan showing the first floor elevation at 851' and also showing City utilities (size and location) in Earle Brown Drive. Drainage calculations for the 5 -year and 100 -year storms shall be submitted to and approved by the City Engineer prior to the issuance of building permits. 10 -27 -88 -2- II J DISCUSSION I TEMS a) St. Alphonsus Church The Secretary reviewed a memo from the Planner (attached) regarding some minor additions and interior remodeling at the church, most of them having to do with handicapped accessibility. He also reviewed the conceptual plan submitted for the project. He stated he is asking for a recommendation from the Commission if there should be a formal Planning Commission Application submitted. Commissioner Johnson asked if there is an elevator in the church now and also, would the elevator provide access to all levels of the building. The Secretary responded there is no elevator at present, but the proposed elevator should serve as an access to all levels. Commissioner Sander asked if handicapped bathrooms are required. The Secretary responded that they are not because this church was built prior to the adoption of the handicapped code. He added that there are handicapped parishioners who would benefit from these changes. She also asked if there is a limit on the amount of storage buildings allowed. The Secretary responded there is not. Commissioner Malecki commented that there should be a better location for the proposed storage building. She stated she felt a formal Planning Commission Application should be submitted. Further discussion ensued regarding the remodeling. It was the consensus of the Commission that a formal Planning Commission Application should be submitted for Planning Commission consideration and City Council approval as the 32' x 77' garage /storage building is considered a significant addition. b) Northbrook Alliance Church In a related matter, the Northbrook Alliance Church is constructing a 24' x 30' garage south of their parking lot at 62nd and Aldrich Avenues North. The Secretary stated no formal application was required, there has already been a building permit issued for this project as the structure meets setbacks and requires no additional on -site parking, therefore, he is merely bringing it to the Commission's attention for their information. c) Midwest Federal The Secretary stated he wanted to inform the Commission that one drive -up teller is being added to the Midwest Federal building at 5545 Xerxes Avenue North. He noted that a building permit has been issued for the project and no formal application has been required. ADJOURNMENT There was a motion by Commissioner Bernards seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:27 p.m. Chairman 10 -27 -88 -3- Planning Commission Information Sheet Application No. 88019 Applicant: Buetow and Associates, Inc. Location: Earle Brown Drive, south of Learning Tree Day Care Request: Site and Building Plan Location /Use The applicant requests site and building plan approval to construct an approximate 20,000 sq. ft. office building for the City- County Credit Union on the vacant parcel of land between Park Nicollet Medical Clinic and the Learning Tree Day Care Center. The parcel in question is zoned C2 and is bounded on the northeast by the Learning Tree Day Care Center, on the southeast by Highway 100, on the southwest by Park Nicollet Medical Clinic, and on the northwest by Earle Brown Drive. Financial institutions and office buildings are permitted uses in the C2 zoning district. Access /Parking The site plan calls for two 24' wide access drives on Earle Brown Drive, an entrance drive at the southwest corner of the site and an exit drive at the northwest corner of the site. The building is approximately 5,000 sq. ft. per floor. The first floor will primarily be a lobby for the credit union. As such, the parking requirement is based on the retail parking formulas (11 spaces for the first 1,000 sq. ft. and 8 spaces for each additional 1,000 sq. ft. ). For 5,000 sq. ft. the requirement is 43 spaces. The upper two floors and the basement are calculated at the general office formula of one space per 200 sq. ft. of gross floor area. The parking requirement for the basement, second and third floors (a total of 15,000 sq. ft. ) is 75 spaces. The combined total is 118 spaces which is the precise total provided for on the proposed site plan. Of these, three are handicapped spaces as required by state regulation. Most of the parking is located in the main lot west of the building. A smaller employee lot in the southern portion of the parcel is also provided. Landscaping The landscape plan calls for 282 landscape points on a 2.8 acre site - consistent with the landscape point system. Plantings include 14 shade trees (2 Common Hackberry, 4 Emerald Green Maple, 4 Northwood Red Maple, 2 Redmond Linden, and 2 Summit Ash), 19 coniferous trees (10 Black Hills Spruce, 9 Scotch Pine), and 56 shrubs (all Andorra Juniper). Rows of trees line the entrance and exit drives and nine trees are scheduled for a large green area surrounding the building. Greenstrip areas are generous - 15' adjacent to interior property lines and approximately 30' adjacent to Earle Brown Drive. A 2' to 3' berm is proposed in the greenstrip adjacent to Earle Brown Drive to provide screening of the parking lot from the residential development (Earle Brown Commons) to the west. Two required trees have been eliminated from parking lot islands that have been tapered back to allow for freer movement of fire trucks. These trees should be relocated elsewhere on the site - perhaps in the front greenstrip or around the employee lot which also has no trees. Underground irrigation is noted on the plans. Grading, Drainage, Utilities The site is fairly flat. The proposed drainage pattern is basically from east to west. Four catch basins are proposed, all west of the building, in or near the entrance and exit drives. These catch basins and the roof drainage will be connected by storm sewer which will drain into a 21" storm sewer line in Earle Brown Drive. The utility plan calls for a 4 water line for domestic service and a a separate 6 " diameter fire line to the building . There is an existing hydrant in the 10 -27 -88 _1_ Application No. 88019 continued Earle Brown Drive right -of -way. The Fire Chief is analyzing the possible need for another hydrant to serve the site. A 4 11 diameter sanitary sewer line is proposed to serve the building. Grades are shown on the landscape plan, not with the utilities. A separate grading, drainage and utility plan should be submitted prior to City Council consideration. Grades need to be altered to reflect a higher first floor elevation. Also, drainage calculations must be submitted for the 5-year and 100 - year storm, again prior to City Council consideration. Building As mentioned earlier, the building to is be three stories and a basement level. The second floor is to be rented out, at least at first, while the rest of the building is occupied by the credit union. There are six (6) drive -up lanes on the east side of the building, adjacent to Highway 100. The drive -up lanes are to be under a metal canopy. The building itself is brick and reflective glass, a burgundy color. A canopy is proposed over the main entrance walk. The plan also features a skylight over the vestibule and front stairwell. The basement is to have separate lunch rooms for smoking and non - smoking, an aerobics room, storage room and locker rooms. Lighting /Trash Lighting has not been greatly detailed on the site plan. Eight 25' high light posts are indicated around the main traffic lanes on the site. One light post is proposed for the employee lot. The plan indicates that light will be broadcast into the property and that the illumination will not exceed one foot candle at the property lines. This is far below the 10 foot candle limit in commercial zones (Section 35- 712) . A trash enclosure with a 6' high brick screen wall is proposed slightly north of the northeast corner of the building. Recommendation Although the grading, drainage, and utility plans are disjointed and poorly drawn at present, action on the proposal is possible, provided the applicant submits a revised plan prior to City Council consideration. Approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10 -27 -88 -2- Application No. 88019 continued 7. Plan approval is exclusive'of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be revised prior to consideration by the City Council to indicate the following: a) Two additional Black Hills Spruce on the landscape plan. b) A separate grading, drainage, and utility plan showing the first floor elevation at 851' and also showing City utilities (size and location) in Earle Brown Drive and indicating drainage calculations for the 5 -year and 100 -year storms. 10 -27 -88 _3_ MEMORANDUM TO: Planning Commission Members FROM: Gary Shallcross, Planner CS_ SUBJECT: Construction at St. Alphonsus DATE: October 27, 1988 St. Alphonsus church is proposing some minor additions and interior remodeling at the church, most of them having to do with handicapped accessibility. The improvements include: 1. A 32' x 77' garage off the south side of the west wing of the church. 2. An enclosed entrance and elevator tucked into the juncture of the west and north wings of the church. 3. A new concrete walk, curb drop, handicapped ramp and entrance on the west side of the main building. 4. Handicapped restrooms in two locations within the building. 5. Ramping of the sidewalks east of the building leading into the north wing. The exterior treatment of the external additions will come very close to matching the existing building. It will be a rock -face concrete block in an ashlar (irregular arrangement of varying sizes and shapes) pattern repeated in 2' x 4' blocks around the exterior of the additions. The color is also to match as closely as possible. The proposed garage is to be used to store a pick -up truck with plow and maintenance equipment pertaining to the school and church. The church also has conceptual plans of building a second storage building on the west end of the site, adjacent to the ballfields. That building would house equipment used in the maintenance of the grounds. Some of it is presently stored outside and in a concrete block 24' x 60' slab on grade building. The additional building should not be attached because it exceeds the size allowable under the Building Code for slab on grade buildings. The church wants to use opaque security fencing to screen the equipment in the interim, but we have discouraged this, believing that outdoor storage is really inappropriate in the R1 zone. In a related matter, the Northbrook Alliance Church is constructing a 24' x 30' garage south of their parking lot at 62nd and Aldrich Avenues North. The structure meets setbacks and requires no additional on -site parking. A building permit has already been issued. It was felt that no zoning issues presented themselves other than basic setbacks and that formal review was, therefore, unnecessary. - UB AP . . 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'--��` �� � IYr �' pp a�,It i�� i �{ I ♦ c�' { r � •� '' ... �:1 , I � J ^ rte � ti ✓A4 _ r,,. 4L fix ,_ I tu ,. j. ti.• ����� I s i f '� y` s Vi ':��Yt��� :� ly�� I _�.. `' i ti ry`�v�CtM1!,'! ftt •S Y � g. � �4 /- , r j 1►:���,,3 j� l,�Y r I { R C �r y�� 7S �I..rYyw •i ; r' 1 r.9 y 4 n:� .. � , +i � i ' 1'. ` f - � J r 1 ri•.' -4l ,h ttT'+""'tll m InnwwAY A v , + '.i � .y,d t {' ;,., "'.�- ..•��'� ' ♦# tya+� �..111r! / I W ) �Fti��a r� �xM. 1 � f• fi „�,.w�t� r / , v {�'� t I ! � «. CITY OF BROOKLYN CENTER council Meeting Date 11 -7 -88 Agenda Item Number ZOa, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Affirmative Action Plan DEPT. APPROVAL: U&MM— Personnel Coordinator S/gnature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) Minnesota statutes were recently revised to require businesses or firms, including local governments, which have more - than 20 full-time employees and bid on or execute a state contract for 9 oods or services in excess of $50,000 to have a certificate of compliance issued by the commissioner of the Minnesota Department of Human Rights. The certificate is issued to businesses or firms that have an Affirmative Action plan approved by the commissioner for the employment of minorities, women, and disabled persons. Without the certificate, state funds will not be released. The greatest impact on the City of Brooklyn Center for noncompliance is in the area of Minnesota State Aid funds for roads; the balance of MSA monies available to the City at this point in time is about $1.5 million, with about $740,000 to be added to this amount in 1989. Based on guidelines issued by the Department of Human Rights and in consultation with City Attorney Charlie LeFevere, an Affirmative Action plan for the City has been developed. A plan must be submitted to the State by December 1, 1988, so the city council will have an opportunity to review the plan at both council meetings in November if necessary. RECOMMENDED CITY COUNCIL ACTION: Review and discuss the proposed City of Brooklyn Center Affirmative Action plan. Pass a Resolution Approving and Adopting the City of Brooklyn Center's Equal Employment Opportunity /Affirmative Action in Employment Policy. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AND ADOPTING THE CITY OF BROOKLYN CENTER'S EQUAL EMPLOYMENT OPPORTUNITY /AFFIRMATIVE ACTION IN EMPLOYMENT POLICY WHEREAS, City of Brooklyn Center Resolution No. 77 -103 reaffirmed the policy and intent of the City of Brooklyn Center is to provide equality of opportunity in employment to all persons and to prohibit discriminatory employment policies, programs, and practices contained in the State of Minnesota Human Rights Act; and WHEREAS, Laws of Mn. 1988, Chapter 660, Section 8 amended Mn. Statutes 1986, Section 363.073, subdivision 1 and subdivision 3 to require agencies of the state which (a) have more than 20 full -time employees in Minnesota at any time during the previous 12 months, and (b) enter into or accept any bid or proposal for a contract or execute any contract for goods, services, or the performance of any function or any agreement to transfer funds for any reason in excess of $50,000 to receive a Certificate of Compliance issued by the commissioner of the Minnesota Department of Human Rights which signifies an affirmative action plan for the employment of minorities, women and disabled persons approved by the commissioner is in place; and WHEREAS, the City of Brooklyn Center intends to assure that all segments of society have an opportunity to enter public service on the basis of open competition and advance according to individual ability. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City hereby approves and adopts the Equal Employment Opportunity /Affirmative Action policy dated November 1988 to the extent that such policy is reasonable and realistic and is not in conflict with applicable laws of State or Federal authorities. 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 against the same: whereupon said resolution was declared duly passed and adopted. ( I 11 � CITY OF BROOKLYN CENTER AFFIRMATIVE ACTION PLAN NOVEMBER 1988 i CITY OF BROOKLYN CENTER AFFIRMATIVE ACTION PLAN TABLE OF CONTENTS I. PROJECT DESCRIPTION .......... ..............................1 II. EQUAL EMPLOYMENT OPPORTUNITY /AFFIRMATIVE ACTION POLICY .....2 III. ASSIGNMENT OF RESPONSIBILITY FOR AFFIRMATIVE ACTION PROGRAM .............................3 IV. DISSEMINATION OF POLICY ...... ..............................5 V. ORGANIZATIONAL CHART ......... ..............................6 VI. UTILIZATION ANALYSIS ......... ..............................7 VII. ESTABLISHMENT OF GOALS AND TIMETABLES ......................8 VIII. PROBLEM IDENTIFICATION AND CORRECTIVE ACTION ..............12 IX. MEASURES TO FACILITATE IMPLEMENTATION .....................14 X. AUDITING AND MONITORING ...... .............................18 XI. AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS ..........19 XII. APPENDIXES ................... .............................24 1. EMPLOYMENT RESOURCE & REFERRAL AGENCIES .............25 2. SEXUAL HARASSMENT STATEMENT OF POLICY ...............26 3. EQUAL OPPORTUNITY IS THE LAW POSTER .................27 I. PROJECT DESCRIPTION Relationship of the City of Brooklyn Center to the State of Minnesota In a paper entitled "Cities, Counties and Towns and State -Local Relations ", the relationship between cities and the State is described as follows: Cities in Minnesota may be defined generally as involuntary corporations organized as political subdivisions of the State for governmental purposes. They are the agencies through which the function of State government are, to a certain extent, exercised within their territorial limits. They are public corporations, bodies politic and corporate. Within constitutional limitations the control of the legislature over cities is absolute. Within this framework, the City of Brooklyn Center acts as an agent of the State in the enforcement of statewide standards and policies as defined in rule and statute. The City has received Minnesota State aids for streets, local government aid, police and fire pension aid, peace officers POST board reimbursement, homestead credits, and building permit surcharge rebates. At the Federal level, the City has received funding for emergency preparedness and community development block grants. Occasional grant funding is received from county, metropolitan, regional and state levels to carry out specific programs authorized by state statutes. 1 II. EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION POLICY This is to affirm the City of Brooklyn Center's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity /Affirmative Action laws, directives and regulations of Federal, State, and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Brooklyn Center will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Brooklyn Center will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. The City of Brooklyn Center will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of this City who does not comply with the Equal Employment Opportunity policies and procedures as set forth in this statement and plan may be subject to disciplinary action. No part of this program is to be construed as a contract between the City of Brooklyn Center and any individual employee. It does not describe in any way the terms and conditions of employment of City employees. Such terms and conditions are set forth in, and the employment relationship is governed by, applicable collective bargaining agreements, employment agreements, or the personnel code of the City. The City of Brooklyn Center has appointed the personnel coordinator to manage the Equal Employment Opportunity /Affirmative Action program. The personnel coordinator's responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action program, as required by Federal, State and Local agencies. The city manager of the City of Brooklyn Center will receive and review reports on the progress of the program. If any employee or applicant for employment believes he /she has been discriminated against, please notify the personnel coordinator, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430, or call (612) 561 -5440. City Manager, City of Brooklyn Center Date 2 III. ASSIGNMENT OF RESPONSIBILITY FOR AFFIRMATIVE ACTION PROGRAM The personnel coordinator has been designated as EEO /AA coordinator to monitor all employment related activity to ensure that the City's EEO /AA policy is being carried out properly. DUTIES OF THE EEO /AA COORDINATOR 1. Develops the City's EEO /AA policy statement and Affirmative Action plan /program, consistent with the City's policies, and establishes Affirmative Action goals and objectives. 2. Implements the Affirmative Action lan ro ram including P / P g g internal and external dissemination of the City's EEO /AA policies and plan. 3. Conducts and /or coordinates EEO /AA training and orientation of City department heads and supervisors to inform them of their responsibilities pursuant to the Affirmative Action plan /program. 4. Ensures that department heads and supervisors understand it is their responsibility to take action to prevent the harassment of protected class employees and applicants for employment. 5. Holds regular discussions with department heads, supervisors, and employees to ensure the City's Equal Opportunity policies are being followed. 6. Ensures all minority, women and handicapped employees are provided Equal Opportunity as it relates to City- sponsored training programs, recreational /social activities, benefit plans, pay and other working conditions without regard to race, sex, color, creed, religion, national origin, disability, age, marital status, or status with regard to public assistance. 7. Reviews the qualifications of all employees to ensure that minorities and women are given full opportunities for transfers and promotions. 8. Periodically audits training programs and hiring and promotion patterns to remove impediments to the attainment of goals and objectives. 9. Designs, implements and maintains EEO audit, reporting and record systems which will measure the effectiveness of the City's Affirmative Action plan /program, determines whether or not the City's goals and objectives have been attained and makes available to the appropriate enforcement agencies. 10. Maintains, monitors and measures the City's progress toward meeting its Affirmative Action goals. 11. Identifies problem areas and recommends a solution to the problems. 12. Coordinates the implementation of necessary remedial actions to meet compliance requirements and goals. 3 Duties continued 13. Serves as liaison between the City and relevant or applicable governmental enforcement agencies. 14. Serves as liaison between protected class groups and the City. 15. Coordinates recruitment and employment of women, minority and handicapped persons. 16. Receives, investigates and attempts to resolve all EEO complaints. 17. Keeps management informed of latest developments in the area of EEO. 4 IV. DISSEMINATION OF AFFIRMATIVE ACTION POLICY AND PLAN A. INTERNAL DISSEMINATION 1. The policy statement and nondiscrimination posters should be permanently posted and conspicuously displayed in areas available to employees and applicants for employment such as employee bulletin boards and lunchrooms throughout City of Brooklyn Center facilities. 2. The EEO /AA policy statement should be communicated to employees in the same way that other major personnel policies or decisions are communicated to employees. 3. The city manager, department heads and supervisors shall be furnished a full copy of the Affirmative Action plan /program and amendments. 4. Each employee shall be furnished a copy of the policy statement and have access to the Affirmative Action plan /program. This policy will be made available to all employees, including part - time, temporary and seasonal employees. 5. Orientation and training sessions shall be conducted to thoroughly inform all employees and management of the City's EEO /AA commitment and of individual responsibility for effective implementation. 6. The EEO /AA policy shall be reviewed with minority, female, and disabled employees. 7. The EEO /AA policy shall be reviewed with all employees and management on a periodic basis. B. EXTERNAL DISSEMINATION 1. The personnel coordinator will file copies of the Affirmative Action plan with the State of Minnesota Department of Human Rights, State Employment Service, and such minority, handicapped and womens' organizations which benefit from open recruitment and hiring. Efforts shall be make to communicate this policy to local community agencies, schools and community leaders. 2. The City shall make readily available to minorities, handicapped persons, women, and protected class groups within the City the current listing of job opportunities in the City offices. The City will advertise available positions in a manner determined by the City to be most appropriate to reach local minority, y handicapped and female residents. 3. The City's personnel coordinator will be available to discuss the City's Affirmative Action program and nondiscrimination policy with any interested community or civic groups. 5 I i ORGANIZATION CHARTOUNCIL- MANAGER PLAN City of Brooklyn Center, Minnesota ADVISORY -- CHARTER COMMISSION Capital Improvement Review Board (appointed by district court) ELECTORATE C ADVISORY CITY ATTORNEY Housing Commission a z ADVISORY CITY COUNCIL HRA COORDINATOR Human Rights & Resources Commission y H 0 _ z ADVISORY n Parks and Recreation Commission PERSONNEL COORDINATOR x � CITY MANAGER ADVISORY Planning Commission CITY CLERK DIRECTOR Emergency Prepared- ness DIRECTOR DIRECTOR DIRECTOR CHIEF DIRECTOR CHIEF MANAGER DIRECTOR ASSESSOR Planning of Finance Police of Volunteer Liquor Public Tax and Recreation Department Department Environ- Fire Stores Works Assessment Inspection City mental Department Department Department Department Treasurer Health Golf Recreation Park Government Engineering Street Public Course Programs Maintenance Buildings Division Division Utilities and Division Division Division Community L Center U L======j IJ VI. UTILIZATION ANALYSIS The City conducts separate in -depth utilization analyses of each job group for minorities and for women (protected groups). The purpose of these utilization analyses is to determine if minorities and /or women are currently being underutilized in one or more of our job groups. The results of these utilization analyses then become the basis for establishing the objectives detailed in this document. A. WORK FORCE ANALYSIS A work force analysis report is prepared annually. This analysis contains job titles ranked from the lowest paid to the highest paid within each department. For each job title, the total incumbents, by race and sex, and total incumbents, by the total males and females, are listed. This profile includes maximum wage rates for all positions. B. JOB GROUPS The establishment of job groups is a part of the Affirmative Action program prepared to meet standards by Revised Order No. 4. These job groups are used solely in the context of the Affirmative Action objectives of such order. They have no meaning for any other purpose. For Affirmative Action job groups, see Section VII. - Establishment of Goals and Timetables. C. AVAILABILITY ANALYSIS Availability data was developed for total minorities and total women for each job group by using data in the July 1987 Minnesota Department of Jobs and Training Affirmative Action Report for the Minneapolis -St. Paul Metropolitan Statistical Area. Underutilization will be declared when there are fewer minorities or women in a particular job group than would reasonably be expected between their availability. Underutilization is determined annually for each job group within the City. The declaration of underutilization in any job group does not imply or admit any form of discrimination. 7 DEPARTMENT City Manager's Office WORKFORCE ANALYSIS COMPANY City of Brooklyn Center DATA AS OF November 1, 1988 (CURRENT BY DEPARTMENT) ADDRESS 6301 Shingle Creek Parkw Brooklyn Center, MN 5543 JOB TITLE(S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES (•) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE AI/ A/ AI/ A/ B H AN PI B H AN PI Switchboard Operator/ $1545 1 0 1 Administration/ $1583 1 0 1 A ion � icenses ecre ary $1747 1 0 1 Administrative Aide $2136 1 0 1 a CitV Clerk $2945 1 Personnel Coordinator $3588 1 0 1 Economic Development A;44 4 $3864 1 1 0 Gr - City Manager $5788 1 1 1 0 L::: 8 2 6 0 0 0 0 HOO (") _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; AM - Asian /Pacific Islander. 7/85 Minnesota'Department or Human Rights / DEPARTMENT _Assessing WORKFORCE ANALYSIS COMPANY City of Brooklyn Cent DATA AS OF n?nvPm_� 1988 (CURRENT BY DEPARTMENT) ADDRESS 630 S hingle Creek Parkway Brooklyn Center, MN 554 JOB TITLES) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES !•) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE B H AI/ A/ B H AI/ A/ AN PI AN PI Assessment Technician $1930 2 0 2 Appraiser II $2803 1 1 0 City Assessor $3877 1 1 0 TOTALS 4 2 2 0 0 0 Oil 0 0 0 (") B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 ' Minncsota'Departmcnt or Human Rights / DEPARTMENT -Finance WORKFORCE ANALYSIS COMPANY City of Brooklyn Center DATA AS OF No 1, 1988 ADDRESS _6301 Shingle Creek Parkw -Brooklyn Center. MN 554 JOB TITLE(S) WAGE RATE OR TOTA EMPLOYEES MINORITY EMPLOYEES (•) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE B H AIFPI B H AIL A/ AN AN PI Data Entry Operator 1747 1 0 1 Finance Secretary $1747 1 0 1 Accounting Technician $1930 1 0 1 Utilities Technician $1930 1 0 1 Payroll /Personnel Technician $2027 1 0 1 Staff Accountant $3019 1 1 0 1 Assistant Director $3770 1 1 0 Director of Finance $4748 1 1 0 TOTALS 8 3 . 5 1 0 0 0 0 0 0 0 (•) _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 Minnesota'Department of Human Rights 0 DEPAR7.4E T Police WORKFORCE ANALYSIS COMPANY of Brooklyn Center DATA AS OF November 1, 1988 ADDRESS6 Shingle Creek Parkwa (CURRENT BY DEPARTMENT) Brooklyn Center, MN 55430 JOB TITLE S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES (') SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE e H AI/ A/ B H AI/ A/ AN PI AN PI Police Receptionist $1545 1 0 l Police Secretary $1747 2 0 2 P � lice t Classification ecre ar $1790 1 0 1 Code Enforcement Offic $1790 1 1 0 a Public Safety Dis atcher $2027 6 1 1 5 Administrative Servic 2668 1 0 1 Police Officer $2781 24 23 1 Police Sergeant $2981 5 5 0 Adminstrative Assistan $3094 1 0 1 Police Captain $3864 3 3 0 Police Chief $4625 1 1 0 TOTALS 46 34 1 0 0 0 0 0 0 0 0 (') B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 ' Minncsota'Department or Human Rights / DEPARTMENT Fire WORKFORCE ANALYSIS COMPANY City of Brooklyn Center DATA AS OF ADDRESS 6 301 Shingle Creek Parkwa November_1_. 1988 (CURRENT BY DEPARTMENT) Brooklyn Center MN 5543 JOB TITLE(S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES ( *) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE B H AI/ Al B H AI/ A/ AN PI AN PI Fire Chief $3876 1 1 0 I m I I TOTALS 1 1 0 0 0 0 (•) _B - Black; H - Hispanic; AI /AN NOTE: Fire Chief is only employee on staff. All other American Indian /Alaskan Native; firefighters are volunteer positions. A /PI - Asian /Pacific Islander. 7/85 ' Minnesota'Department of Human Rights / vN Planning and In COMPANY City of Brooklyn Center DEPnRTM.,..T g p WORKFORCE ANALYSIS DATA AS OF No v e mber 1, 1988 ADDRESS 6301 Shingle Creek Parkw (CURRENT BY DEPARTMENT) Brooklyn Center, MN 55 430 JOB TITLE S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES (') SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE AI/ A/ AI/ A/ B H AN PI B H AN PI Planning & Inspection Receptionist $1747 1 0 1 Planning & Inspection $1790 1 0 1 Inspector $2735 1 0 1 Inspector Building Official $3019 1 1 0 h+ Planner $3094 1 1 0 Director of Planning n 3966 1 1 0 TOTALS 6 3 3 0 0 0 0 0 0 0 0 (") _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 Minnesota'Department of Human Rights DEPARTMENT Public Works /Government Buildings Div. WORKFORCE ANALYSLS COMPANY City of Brookl Ce n t er ' DATA AS OF November 1, 1988 (CURRENT BY DEPARTMENT) ADDRESS 6301 Shingle Creek Parkwa Brooklvn Center, MN 5543 JOB TITLE(S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES (•) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE B H AI/ A/ B H AIL A/ AN PI AN PI • i Custodian $1470 1 1 0 Lead Custodian $2078 l 1 0 Maintenance Custodian $2293 1 1 0 Maintenance Supervisor. $2603 1 1 0 I I TOTALS 4 4 •0 0 0 0 0 0 0 0 0 (") B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 Minncsota or Human Rights / DEPARTMENT Public Works En ineerin Division COMPANY ;t cif Brook1ynr` onto g g WORKFORCE ANALYSIS DATA AS OF November 1, 1988 (CURRENT BY DEPARTMENT) ADDRESS 6301 Shingle Creek Park way Brooklyn.Center, MN 55 430 JOB TITLE(S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES ( *) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE B H AI/ A/ B H AI/ PI A/ AN PI AN Engineering Receptioni t $1747 1 0 1 Adiministrative Aide $2136 1 0 1 Engineering Technician III $2469 3 3 0 Public Works Coordinator $2945 1 1 0 Engineering c n' 'an IV 3160 City Engineer $4060 1 1 0 Director of Public Wor $5009 1 1 0 TOTALS 9 7 2 0 0 0 LLO 0 0 1 0 (") B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 Minnesota'Departmcnt or Human Rights DEPARTMENT Public Works /Street Division WORKFORCE ANALYSIS COMPANY City of Brooklyn Center DATA AS OF November 1, 19 (CURRENT BY DEPARTMENT) ADDRESS 6 301 Shinqle Creek Parkwa Brooklyn Center, MN 5543 JOB TITLE S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES ( *) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE AI/ A/ AI/ A/ TH AN PI B H AN PI Maintenance I $1996 1 1 0 Public Works Dispatcher $2027 1 1 0 Night Service Person 2102 Maintenance II $2137 10 10 0 Mechanic $2225 3 3 0 Supervisor o Streets and Parks $2873 1 Public Works S uperintendent 83770 i TOTALS 18 18 0 0 0 0 0 0 0 0 0 (') _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 ' Minnesota'Department of Human Rights , DEPARTMENT Public Works /Public Util ites, Division WORKFORCE ANALYSIS COMPANY City of Brooklyn Center DATA AS OF No v e mber 1, 1988 (CURRENT BY DEPARTMENT) ADDRESS 6301 Shingle Creek Parkw Brooklyn Center, MN 5543 JOB TITLE(S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES (') SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE All A/ ffA / A/ B H AN PI PI Maintenance II $2137 6 6 0 Supervisor of Pu blic Utilities $2873 1 1 0 u. TOTALS 7 7 0 0 0 0 0 0 1 0 0 0 ( *) _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacirlc Islander. 7/85 ' Minnesota' Department of Human Rights , DEPARTMENT parks and Recreation WORKFORCE ANALYSIS COMPANY City of B rooklyn Center ADDRESS 6301 Shingle Creek Parkway DATA AS OF November 1 1988 (CURRENT BY DEPARTMENT) Brooklyn Center, MN 5543 JOB TITLE(S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES ( *) SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE B H AI/ A/ B H AI/ A/ AN PI AN PI Parks & Recreation Secretary $1747 1 0 1 Maintenance I $1996 1 1 0 Aquatics Supervisor $2136 1 1 0 Maintenance II $2137 6 6 0 Supervisor of Streets & Parks $2873 1 1 0 Program Supervisor $2873 3 1 2 Director of Recreation $4009 1 1 n TOTALS 14 '11 3 0 0 0 0 0 0 0 0 (") _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 Mlnnesota'Department of Human Rights DEPARTMENT Municipal Golf Course WORKFORCE ANALYSIS COMPANY City of Brooklyn Center DATA AS OF November l,. 1988 (CURRENT BY DEPARTMENT) ADDRESS 6301 Shingle Creek Parkway Brooklyn Center. MN 5543 J09 TITLE(S) WAGE RATE OR TOTAL EMPLOYEES MINORITY EMPLOYEES r•} SALARY RANGE TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE AI/ A/ rAN A/ B H AN PI B H PI Golf Course Manager $2873 1 1 0 � I I TOTALS 1 1 -0 0 0 0 0 0 0 0 do (•) _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 Minnesota'Department of Human Rights c Liquor Stores COMPANY City o f Brooklyn Center DEPARTM .,. :T q WORKFORCE ANALYSIS DATA AS OF No v em ber 1, 1988 (CURRENT BY DEPARTMENT) ADDRESS 6301 Shingle Creek Parkw Brooklyn Center, MN 554 J09 TITLE(S) WAGE RATE OR TOTA EMPLOYEES MINORITY EMPLOYEES (') SALARY RANGE I I TOTAL TOTAL TOTAL MALE FEMALE MALE FEMALE B H AI/ A/ B H . AI/ A/ AN PI AN PI Supervisor, Liquor Retail $2136 2 1 1 Liquor Stores Manager $3390 1 1 0 i TOTALS 3 2 • 1 0 0 0 0 0 0 0 0 ( ") _B - Black; H - Hispanic; AI /AN - American Indian /Alaskan Native; A /PI - Asian /Pacific Islander. 7/85 ' Minnesota'Department of Human Rights , CITY OF BR4 KLYN CENTER AVAILABILITY /UTILIZATION /UNDERUTILIZATION FEMALES MINORITIES UTILIZATION AVAILABILITY UTILIZATION AVAILABILITY NUMBER NUMBER UNDER- UNDER - JOB GROUP TOTAL NUMBER % NUMBER % UTILIZED NUMBER % NUMBER % UTILIZED Executive Admini- strative, 16 1 6.3% 4.7 29.6% 3.7 0 0% .5 2.9% 0 - Managerial - Professional 10 3 30.0% 4.7 47.2% 1.7 1 10% .4 4.0% 0 Technical 6 1 16.7% 2.3 38.2% 1.3 0 0% .3 4.2% 0 Sales 3 1 33.3% 1.4 46.8% 0 0 0% .1 2.4% 0 Administrative Support 29 27 93.1% 22.7 78.3% 0 0 0% 1.2 4.0% 1.2 Protective Services 30 1 3.3% 3.1 10.3% 2.1 0 0% 1.74 5.8% 1.74 Cleaning /Building Services 4 0 0% 1.2 28.9% 1.2 0 0% .3 7.6% 0 Craft & Repair 29 0 0% 2.6 8.9% 2.6 0 0% .8 2.9% 0 Laborer 2 0 0% .4 19.3% 0 0 0% .1 7.3% 0 SMALL COMPANY WEIGHTED AVAILABILITY * SOURCE OF AVAILABILITY % MN Dept. of Jobs & Training July 1987 Mpls. /St. Paul Statistical Area VII. ESTABLISHMENT OF GOALS AND TIMETABLES A. DEFINITIONS Tables for job groups follow this section. Definitions of line items: 1. Profile # The total number of employees in the job group is a count of protected and nonprotected individuals. The number of minorities and of women are specified under their respective columns. 2. Profile % These columns are derived by dividing the minorities count by the total count, and by dividing the women count by the total count, respectively, then writing the resultant decimal fractions as percentages rounded to hundredths place. 3. Availability % For external calculations, the respective percentages of people in the relevant labor market possessing the necessary skills required for the specified job group, as well as the interest to work in that job group, are the base. 4. Underutilized (Yes or No) To determine underutilization, the profile of women and the profile of minorities in the specified job group are compared, statistically, with their respective availabilities. Whenever there are significantly fewer women or minorities in a job group than would reasonably be expected by their respective availabilities, underutilization is declared. 5. Annual goals: Profile # Goals and timetables are established annually for total minorities and for total women, for job groups in which they are underutilized and movement is forecasted. 6. Annual goals: Movement % This section is applicable only in instances where no movement is anticipated. 7. Estimated Year of Utilization The expected year in which the profile percent will equal the availability percent. B. GOAL ATTAINMENT The goal, by job group, is equal to the availability for total women and total minorities in each job group. Selection rates should match availability. 8 C. TIMETABLES .Projected movement for each job group has been used to estimate the time frame in which utilization will be attained. Since goals are set based on availability and are only estimates and not rigid quotas, it is conceivable that circumstances may sometimes result in their not being achieved. When this occurs, the department head must document all good faith efforts. D. ALL JOB GROUPS IN THE CITY OF BROOKLYN CENTER 1. Executive, Administrative Managerial City Manager, Director of Public Works, Chief of Police, Director of Finance, Fire Chief, City Assessor, Director of Planning and Inspection, Director of Recreation, Economic Development Authority Coordinator, Personnel Coordinator, Assistant Director of Finance, Golf Course Manager, Public Works Superintendent, and Police Captain. 2. Professional Planner, Public Works Coordinator, Appraiser II, Administrative Assistant /Police, Staff Accountant, City Engineer, Aquatics Supervisor, and Program Supervisor /Recreation. 3. Technical Engineering Technician IV, Engineering Technician III, Building Official /Inspector, and Inspector /Planning and Inspection. 4. Sales Liquor Stores Manager and Supervisor /Liquor Retail. 5. Administrative Support City Clerk, Administrative Aide /City Manager's Office, Administration /Licenses Secretary, Administration /Elections Secretary, Assessment Technician, Switchboard Operator /Receptionist, Planning and Inspection Receptionist, Administrative Aide /Engineering, Data Entry Operator, Finance Secretary, Accounting Technician, Utilities Technician, Payroll /Personnel Technician, Police Receptionist, Police Classification Operator, Police Secretary, Administrative Services Manager /Police, Public Safety Dispatcher, Public Works Dispatcher, and Parks and Recreation Secretary. 6. Protective Services Police Sergeant, Police Officer, and Code Enforcement Officer. 7. Cleaning /Building Services Custodian, Lead Custodian, Maintenance Custodian, and Maintenance Supervisor. 8. Craft and Repair Mechanic, Night Service Person, Maintenance II, Supervisor /Streets and Parks, and Supervisor /Public Utilities. 9. Laborer Maintenance I. E. JOB GROUP IDENTIFICATION 1. Executive, Administrative Managerial Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual departments or special phases of the City's operations, or provide specialized 9 consultation. Includes: city manager, department heads, auditor /accountant, purchasing agent, personnel specialist, and other executive, administrative, or managerial positions. 2. Professional Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge. Includes: engineers, scientists, health professionals, teachers, social, recreation, and religious workers, lawyers, judges, writers, and other professionals. 3. Technical Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through post- secondary school education or through equivalent on- the -job training. Includes: health technicians, engineering, science and other technicians, and computer programmers. 4. Sales Occupations engaged wholly or primarily in direct selling. Includes: supervisors, proprietors, sales representatives, and sales workers. 5. Administrative Support Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and /or information and other paper work required in an office. Includes: supervisors, computer equipment operators, secretaries, stenographers, typists, receptionists, bookkeepers, shipping, receiving, and stock clerks, general office clerks, and other similar personnel. 6. Protective Services Occupations in which workers are entrusted with public safety, security, and protection from destructive forces. Includes: police officers, fire fighters, guards, deputy sheriffs, bailiffs, correctional officers, detectives, marshals, harbor patrol officers, game and fish wardens, park rangers (except maintenance), and kindred workers. 7. Cleaning /Building Services Workers in both protective and nonprotective service occupations. Includes: attendants, clean- up workers, janitors, waiters and waitresses. 8. Craft and Repair Manual workers of a relatively high skill level, having a thorough and comprehensive knowledge of the processes involved in their work. They exercise considerable independent judgement and usually receive an extensive period of training. Includes: building trades, hourly paid foremen and leadmen who are not members of management, mechanics and repairmen, skilled machinery occupations,and electricians. 9. Laborer Workers in manual occupations which generally require no special training. They perform elementary duties which may be learned in a few days and which require the application of little or no independent judgement. Includes: garage laborers, car washers, gardeners, lumber workers, laborers performing lifting, digging, mixing, loading and pulling operations. 10 F. GOALS AND TIMETABLES NARRATIVE The City of Brooklyn Center has established goals and timetables for all job groups that are underutilized. Taking into consideration expansion, contraction, and turnover, the City will make a good faith effort to hire qualified women and minorities into those job groups where underutilization exists. The following pages identify deficiencies by race and sex and set forth the timetables to accomplish our Affirmative Action goals. 11 CITY OF BROOKLYN CENTER ESTABLISFIMENT Of= GOALS & TIMETABLES Executive/ Administrative/ 3 O II C It 01) 1' :Managerial J 0 II G It 0 U P: Professional J O 11 C It 0 11 1' : Technical 'DOTAL MINORITIE!j WON11i4 TOTAL MINORITIES NVOMUll TOTAL himoin'ri 9 WOL11:N 1. PROFILE 16 0 1 10 1 3 6 0 1 2. PROF1LF. % 100.0 100.0 1UU.0 �., 0 6.3% 10 30.0 0% 16.7% �. N i 3. AVAILABIL % N Y v��/' y N`�� Y i � 2.9% 29.6% 4.0% 47.2% 4.2% 38.2% If It 1)EIt11TILIZI;l) 1. YI:.9 Olt 110 ' ' � NO ES / 3.7 :� `` NO ES /1. NO YES / 1.3 6. A1111UA1, COAI.:I: PROFILE. ,F 4�c �" ,• MOVEMEti'P S ` �� ; �, 38.2 29.6 % , C` 47.2% ` 4 O.EBT. Yll. OF i1TIL17.ATION .v -yK < x 1993 ��• ,` 1993 1993 N 0 T E: 7'Ma "Umlarulilizalion Annlyoiw" U part of Ow Affirtnntivo Action Progrnm propntal to Moot lho elnndntdpl raluirwl l,y Ilorisiod Ornlor No. 4. Tito loons unwl heroin such as "Underulilizaliou" ■nd "Avaihibilily ", are uoed eololy In lho context of the Affitm■tivo Action Progrnm for tho purpono of complying vrillt lho Affiruwtivo Action ol,lwctivoo of nich Onlor. 7 "110y havo no moaning for ploy ollior purpono SOURCE MN Dept. of Jobs & Training, Minneapolis —St. Paul Metro Statistical Area Affirmative Action Analysis July 1987 CITY OF BROOKLYN CENTER ESTABLISHMENT OF GOALS & TIMETABLES Administrative Protective J 0 1) G It0UI': Sales J0D Git0l)P: support J 0 11 GIt TOTA1, MINOiII'TII:;1 WOMEN 'TOTAL MINORITIES WOMEll TOTAL NIMOIIITIE9 w0L1111 1. PROFILI, f 3 0 1 29 0 27 30 0 1 2. PROFILE, 100.0, 100.0 100.0 0% 33.3% 0% 93.1% 0% 3.3% L vv t 3. AVAII.AIIIT.ITY 96 ..�� 2.4% 46.8% 4.0% 78.3% 5.8% 10.3% x 4 , f 11111) 1; It 11TILIZE1) L w� 4 . Y F_9 Olt 110 ` , � NO NO x., NO YES /1.74 YES /2.1 6. ANNUAL GOAT.,: P110FILP, w "'X 5, MOVEMENT % x x 4.0% 5.8% 10.3% YuYX } O.EBT. Yil. OF UTILIZATION ,><Z�, ��; `�• �° 1993 Y 1993 1993 110 T E: This "Undarulilizetion Annlysie" Is pert of U,e Affirinntivo .Aclion Progrnm prnpnrcvl to moot the elnudnrdn roloircxl by Ilor6iod Onlor No. 4. Tho lornu unoal horoin such ■e "Underulilizalion" entl "Aveilnhility�, are uood eololy in the context of the Affirmative Action Progrnm for the purpeno of complying with the Affinnntive Action abjsictivoo of such Ordor. They have no mooning for nny other purp000. SOURCE•MN Dept. of Jobs & Training, Minneapolis —St. Paul Metro Statistical Area Affirmative Action Analysis July.1987 C 1 OF BROOKLYN CENTER ESTABL,ISI- IMEIVT Of= GOALS & TIMETABLES Cleaning/ Craft & J 011 r It 0 U P: Building Services .10 D l; It 0 11 P: Repair J 0 11 f; It 0 11 P: Laborer TOTA1, MINORITIES WOMEN TOTA1. 6tIN011ITlES WOMEll TOTAL. MINORITIES NO1dl;ll 1. PIi0F11.F. 4 0 0 29 0 0 2 0 0 2. PROFILE, % 100.0, 100.0 1000 0% 0% 0% 0% 0% 0% 9. AVAII.AI111.ITY 9G , XX'x r`. . 7.6% 28.9% 2.9% 8.9% 7.3% 19.3% 11 If 1) E It 11 T I L I Z E' 1) �(, r 4. Y F_9 OR 110 NO ES /1. 2 Y �t� ` NO Yes /2.6 NO NO 6. ANNUAL COALS: x >� PROFILE. 0 M0VENIE1l 'G •,�ti.,C 28.9% X 8.9% J O.EBT. Yll. OF UTILIZATION _Y, < • <w �� .. 1993 v �' �` 1993 NOTE: Thin "Undarulilization Annlyein" l2 pert of Oio Affirrnnfivo Action Progrnm ptopnrcvl In Inwit, the atnudnrdn raluiral l,y ltori■ioJ Ordor No. 4. Tho tot ma unod heroin much as "Underulilization" and "Avaih,hility ", are 110e41 solely in (ho context of (lie Affirtualivo Action Progrom for tho parpono of complying with Iho Affinnntive Action ohlyctiven of 211th Otdor. Thoy havo no moaning for nny olhor purpono. SOURCE : MN Dept. of Jobs & Training, Minneapolis -St. Paul Metro Statistical Area Affirmative Action Analysis July.1987 VIII. PROBLEM IDENTIFICATION AND CORRECTIVE ACTION A summary analysis of problem /deficiency areas at the City of Brooklyn Center indicates the following: 1. The work force composition is underutilized in several areas. Please refer to City Plan of Action below. 2. The total selection process dictates a need to expand our recruiting efforts to attract qualified women and minorities. 3. No other problem areas were identified, i.e., applicant flow composition, transfer and promotion practices, City facilities and City- sponsored activities, seniority practices and contract provisions for same, apprenticeship programs, training programs, work force attitude, and application retention. CITY PLAN OF ACTION A. Job Group: EXECUTIVE. ADMINISTRATIVE MANAGERIAL Problem Identification There is a profile imbalance for women in this job group. We do not aniticipate openings but will select at least by availability rate. Corrective Action Recruitment for women will be expanded to colleges and areas outside of Minnesota. B. Job Group: PROFESSIONAL Problem Identification There is a profile imbalance for women in this job group. We do not aniticipate openings but will select at least by availability rate. Corrective Action Recruitment for women will be expanded to colleges and areas outside of Minnesota. C. Job Group: TECHNICAL Problem Identification There is a profile imbalance for women in this job group. We do not aniticipate openings but will select at least by availability rate. Corrective Action One female was hired into this job group in 1987. Recruitment will continue to encourage women to apply for openings in this job group. 12 D. Job Group: ADMINISTRATIVE SUPPORT Problem Identification There is a profile imbalance for minorities in this job group. We do not aniticipate openings but will select at least by availability rate. Corrective Action The City will recruit for qualified minorities by using external sources, such as minority agencies and minority media. E. Job Group: PROTECTIVE SERVICES Problem Identification There is a profile imbalance for minorities and women in this job group. Corrective Action The police department has been authorized to hire two additional police officers in 1989. The City will recruit for qualified minorities and women. F. Job Group: CLEANING /BUILDING SERVICES Problem Identification There is a profile imbalance for women in this job group. We do not aniticipate openings but will select at least by availability rate. Corrective Action The City will recruit for qualified women. G. Job Group: CRAFT AND REPAIR Problem Identification There is a profile imbalance for women in this job group. We do not aniticipate openings but will select at least by availability rate. Corrective Action The City will recruit for qualified women. 13 IX. MEASURES TO FACILITATE IMPLEMENTATION To assure progress towards Affirmative Action goals and to guarantee equal employment opportunity to all persons, the City of Brooklyn Center shall pursue the following actions relating to hiring, promotion, training opportunities, classification, recruitment and compensation. The City of Brooklyn Center's personnel practices shall adhere to the principles of equal employment opportunity and be conducted in accordance with the City Affirmative Action program. The principles of Equal Employment Opportunity shall be introduced into all City written personnel policies and shall be reflected in all negotiations between the City and labor unions who represent authorized bargaining units of City employees. A. POSITION DESCRIPTIONS 1. A written position description or job description shall exist for all permanent positions within the City of Brooklyn Center. These descriptions shall include a position or job title a enera g 1 description of the work, minimum qualifications required to perform the work, and shall be available to all employees and prospective job applicants for review prior to application. 2. Position titles and minimum q ualifications contained in written descriptions shall be used in all recruitment advertising. 3. The minimum qualifications of each position shall be periodically reviewed by the personnel coordinator to determine if all qualifications required are related to actual job performance. 4. Position descriptions for managerial and supervisory positions shall contain a section describing Affirmative Action responsibilities. B. RECRUITMENT The City of Brooklyn Center will advertise entry job openings in the appropriate medi a for its labor market All job advertisements shall state the title of the position, the minimum qualifications, where applications can be obtained, and location of job if other than within City Hall, how the position will be filled and other relevant information. All job advertisements shall include the statement "An Equal Opportunity Employer ". In special circumstances the City may add or substitute the wording "Minorities and Women are Encouraged to Apply ". All job advertisements shall indicate the last day of filing for application of the position advertised. Those positions advertised as "open competitive" shall be posed for ten (10) days. 14 i All job advertisements for open competitive and promotional positions shall be posted on designated bulletin boards in all conspicuous areas for employee or applicant review. 1. The City personnel coordinator will notify the area Job Services Office of appropriate job openings. 2. The personnel coordinator shall send appropriate job vacancy announcements to appropriate governmental, institutional, civic, educational, handicapped and minority representative agencies within its labor market area. 3. Announcements of appropriate job openings shall be regularly sent to organizations within the labor market who specifically represent women, minorities, and the handicapped. 4. Policy Statement in compliance with Section 3 of the U.S. Department of Housing and Urban Development Act of 1968: Announcements of job openings shall be regularly sent to organizations within the labor market who specifically represent women, minorities, and the handicapped. S. The personnel coordinator will establish and utilize a list of minority organizations and will develop contacts for communicating mutual employment needs and concerns. 6. The personnel coordinator will inform job applicants of the Affirmative Action policy and furnish applicants with a written statement of such policy. C. SELECTION AND HIRING 1. All applications for employment at the City of Brooklyn Center shall be reviewed to determine if applicants meet minimum qualifications for the position. Applicants who do not meet minimum qualifications shall be so informed by written notice. 2. The selection process shall give prime consideration to minimum qualifications necessary to perform the job. The selection process shall give consideration to future potential and extra qualifications of candidates only when career ladders are structured so that employees are likely to advance to a higher level position within a reasonable period of time. 3. The City shall make "good faith" effort to meet its Affirmative Action goals by giving maximum consideration to those protected class candidates who possess minimum qualifications for the City positions. 4. No applicant shall be prohibited from applying for a City position because of a past criminal conviction. 15 D. TRAINING 1. Training programs shall be extended to all employees if the program is job related and would result in better work performance. No employee shall be restricted from attending such programs or courses because of race, color, sex, creed, marital status, religion, national origin, age, disability, or status with regard to public assistance. Special efforts shall be made to include and encourage employees in protected classes to attend such programs and courses. 2. Training programs shall be made available to facilitate upward mobility for all City employees. Attention shall be given to the preparation of employees for mobility across occupational fields. 3. All employees, particularly protected class members, shall be informed of the opportunity and encouraged to take career related courses and /or formal training. Information on the City's policy regarding tuition reimbursement shall be widely disseminated. 4. Training for supervisory staff shall acquaint them with the provisions, goals, and intent of the City's Affirmative Action program. This training shall include an explanation of: a. All the provisions of the City's Affirmative Action plan /program. b. The legal basis for an Affirmative Action pan /program. C. Supervisory responsibilities related to Affirmative Action. d. The legal options available to a person making a complaint of alleged discrimination and the legal responsibilities of the supervisor. 5. All City departments shall consider the implementation of apprenticeship training for protected class members and employ those who successfully complete an apprenticeship training program whenever possible. E. CAREER ADVANCEMENT (TRANSFER & PROMOTION) 1. All qualified City employees shall be encouraged to consider career advancement through promotions and /or transfers. 2. All job openings shall be posted on all designated "Departmental Boards ". No present employee shall be discouraged or prevented from applying for any vacancy for ® which she/he is qualified. 3. A combination of education, past work experience and experience gained in the City's employ shall be considered in assessing the qualifications of an applicant. 16 Unnecessarily narrow job requirements which might reduce competition for promotion across department or division lines or within the department or division shall be eliminated. 4. Protected class members employed by the City who have increased their skills and job potential shall be encouraged to apply and compete for promotion. 17 X. AUDITING AND MONITORING In order to successfully evaluate the implementation of the City's Affirmative Action Program the following data shall be maintained by the personnel coordinator: A. RECRUITMENT SOURCES Data shall be maintained regarding all recruitment and media sources notified of City job vacancies. B. APPLICANT FLOW DATA AND NEW HIRES Data shall be maintained that indicates, by job classification, EEO job category, the total number of applicants interviewed, those offered positions, and those hired, in order to determine the effectiveness of the City's recruitment process and to access the City's progress toward equal opportunity employment. C. APPLICANT REFERRALS A file of all interested applicants shall be maintained in order to notify such applicants when vacancies occur for which they would be qualified. D. TRAINING Data shall be maintained indicating, by job classification and EEO job category, the number of City employees participating in all City training programs and activities and tuition reimbursement programs. E. PROMOTIONS TRANSFERS Data shall be maintained regarding promotions and transfers indicating by job classification and EEO job category those employees who are promoted or transferred. F. TERMINATIONS Data shall be maintained on all terminations by job classification and EEO job category including the reasons for terminations. This data will be used to determine if a disproportionate number of employees belonging to protected classes are terminated. G. DOCUMENTATION OF GOOD FAITH EFFORTS TO MEET GOAL 1. There shall be regular documenting of City efforts to meet City goals for employment of protected class employees. 2. Semiannual reports will be forwarded as requested to the Minnesota State Department of Human Rights. 18 XI. AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS A. DISABLED INDIVIDUALS AFFIRMATIVE ACTION CLAUSE The City of Brooklyn Center shall not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The City of Brooklyn Center agrees to take Affirmative Action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and training. The City of Brooklyn Center agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the City of Brooklyn Center's obligation under the law to take Affirmative Action to employ and advance in employment qualified disabled employees and applicants for employment and the rights of applicants and employees. The City of Brooklyn Center shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the City is bound by the terms of Minnesota Statutes, Section 363.073 of the Minnesota Human Rights Act and is committed to take Affirmative Action to employ and advance in employment physically and mentally disabled individuals. B. SCHEDULE FOR REVIEW The minimum physical and mental job qualifications of each position shall be reviewed annually by the city manager's office to ensure that, to the extent qualification requirements tend to screen out qualified disabled individuals, they are job related and are consistent with business necessity and the safe performance of the job. C. PRE - EMPLOYMENT MEDICAL EXAMS The City of Brooklyn Center may require a comprehensive medical exam prior to employment. The results of such an examination will not be used to screen out qualified disabled individuals. Information obtained in response to such inquiries or examination shall be kept confidential except that (a) supervisors and managers may be informed regarding restrictions on the work or duties of disabled individuals and regarding accommodations, (b) first aid and safety personnel may be informed, where and to the extent appropriate, if the condition might require emergency treatment, and (c) officials, employees, representatives, or agents of the Minnesota Department of Human Rights or local human rights agencies investigating compliance with the act or local 19 human rights ordinances shall be informed if they request such information. D. ACCOMMODATIONS TO PHYSICAL AND MENTAL LIMITATIONS OF EMPLOYEES The City of Brooklyn Center shall make a reasonable accommodation to the physical and mental limitations of an employee or applicant unless such an accommodation would impose an undue hardship on the conduct of the City. E. COMPENSATION In offering employment or promotions to disabled individuals, the City of Brooklyn Center shall not reduce the amount of compensation offered because of any disability income, pension, or other benefit the applicant or employee receives from another source. F. OUTREACH. POSITIVE RECRUITMENT AND EXTERNAL DISSEMINATION OF POLICY The City of Brooklyn Center shall review employment practices to determine whether the personnel programs provide the required Affirmative Action for employment and advancement of qualified disabled individuals. Based upon the findings of such reviews, the City of Brooklyn Center shall undertake appropriate outreach and positive recruitment activities, such as those listed below. 1. Develop internal communication of obligation to engage in Affirmative Action efforts to employ qualified disabled individuals in such a manner as to foster understanding, acceptance, and support among executive, management, supervisory, and all other employees and to encourage such persons to take the necessary action to aid the City of Brooklyn Center in meeting this obligation. 2. Develop reasonable internal procedures to ensure that the obligation to engage in Affirmative Action to employ and promote qualified disabled individuals is being fully implemented. The City shall make readily available to disabled individuals the current listing of job opportunities in the City offices. The City will advertise available positions in a manner determined by the City to be most appropriate to reach local disabled individuals. 3. Periodically inform all employees and prospective employees of the commitment to engage in Affirmative Action to increase employment opportunities for qualified disabled individuals. 4. Enlist the assistance and support of recruiting sources (including state employment security agencies, state vocational rehabilitation agencies or facilities, sheltered workshops, college placement officers, state education agencies, labor organization and organizations of or for disabled individuals) of the City of Brooklyn Center's commitment to provide meaningful employment opportunities to 20 qualified disabled individuals. 5. Establish meaningful contacts with appropriate social service agencies, organizations of and for disabled individuals, vocational rehabilitation agencies or facilities, for such purposes as advice, technical assistance, and referral to potential employees. 6. Review employment records to determine the availability of promotable and transferable qualified known disabled individuals presently employed and to determine whether their present and potential skills are being fully utilized or developed. 7. Include disabled workers when employees are pictured in consumer, promotional, or help wanted advertising. 8. Take positive steps to attract qualified disabled persons not currently in the work force who have requisite skills and can be recruited through Affirmative Action measures. G. INTERNAL DISSEMINATION OF POLICY Realizing that an outreach program is ineffective without adequate internal support from department heads and supervisory personnel and other employees, who may have had limited contact with disabled persons in the past, and in order to assure greater employee cooperation and participation, the City of Brooklyn Center shall disseminate this policy internally as follows. 1. The city manager or the city manager's designee shall schedule meetings with all employees to discuss the policy and explain individual employee responsibilities. 2. Meet with union officials to inform them of the City of Brooklyn Center's policy, and request their cooperation. 3. Review all union contractual provisions to ensure they are nondiscriminatory. 4. Include articles on accomplishments of disabled workers in City publications. 5. Post the policy on City bulletin boards, including a statement that employees and applicants are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under the Minnesota Human Rights Act. 6. When employees are featured in employee handbooks or similar publications for employees, include disabled employees. H. RESPONSIBILITY FOR IMPLEMENTATION The personnel coordinator has been designated director of Brooklyn Center's Affirmative Action activities. The personnel coordinator's title shall appear on all internal and 21 external communications regarding the City of Brooklyn Center's Affirmative Action programs. The personnel coordinator has been given necessary support to manage the implementation of this program, including the following activities: 1. Develop policy statements, Affirmative Action programs, and internal and external communication techniques to be certain the City of Brooklyn Center's policies are being followed. In addition, supervisors shall be advised that: a. their work performance is being evaluated on the basis of their Affirmative Action efforts and results, as well as other criteria; and b. the City of Brooklyn Center is obligated to prevent harassment of employees placed through Affirmative Action efforts. 2. Identify problem areas in conjunction with department heads and known disabled employees, in the implementation of the Affirmative Action plan, and develop solutions. 3. Design and implement an audit and reporting system that will: a. measure effectiveness of the City of Brooklyn Center's plan; b. indicate need for remedial action; C. determine the degree to which objectives have been attained; d. ensure that each department is in compliance with the Minnesota Human Rights Act. 4. Serve as liaison between the City of Brooklyn Center and the Minnesota Department of Human Rights. 5. Serve as liaison between the City of Brooklyn Center and organizations of and for disabled persons, and arrange for the active involvement by City representatives in the community service programs of local organizations of and for the disabled. 6. Keep department heads informed of the latest developments in the entire Affirmative Action area. I. DEVELOPMENT AND EXECUTION OF AFFIRMATIVE ACTION PROGRAMS The Affirmative Action Plan for the City of Brooklyn Center shall be developed and executed as follows: 1. Job qualification requirements reviewed shall be make available to all employees involved in the recruitment, screening, selection, and promotion process. 2. The City of Brooklyn Center shall evaluate the total selection process including training and promotion to ensure 22 freedom from stereotyping disabled persons in a manner which limits their access to all jobs for which they are qualified. 3. All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be carefully selected and trained to ensure that the commitments in its Affirmative Action program are implemented. 23 XII. APPENDIXES 1. Employment Resource and Referral Agencies 2. Sexual Harrassment Statement of Policy 3. Equal Opportunity Is The Law Poster 24 y APPENDIX NO. 1 i MINNESOTA DEPARTKKNT OF HUMAN RIGHTS 500 Bremer Tower 7th Place and Minnesota Street St. Paul, Minnesota 55101 CONTRACT COMPLIANCE 6/8 EMPLOYMENT RESOURCE & REFERRAL AGENCIES 25 r ASIAN /PACIFIC ISLANDERS ANISHINABE COUNCIL OF JOB DEVELOPERS CAMBODIAN BUDDHIST ASSOCIATION 1515 E. Lake Street, Suite 206 1885 University Ave., Suite 36 Minneapolis, MN 55407 St. Paul, MN 55104 612 - 729 -5654 612 -645 -7077 Center for Asians & Pacific Islanders LAO FAMILY COMMUNITY, INC. 1304 E. Lake Street 976 W. Minnehaha Avenue Minneapolis, MN 55407 St. Paul, MN 55104 612 - 721 -1229 612 - 487 -3466 Neighborhood House T.C. Opportunity Indust. Ctr. 179 E. Robie 1015 Olson Memorial Hwy. St. Paul, MN 55107 Minneapolis, MN 55406 612- 227 -9291 612 - 377 -0150 Chinese American Association of MN Vietnamese Community MN 7032 Stratford Road P.O. Box 14572 Woodbury, MN 55125 Minneapolis, MN 55414 25a I AMERICAN INDIAN American Indian Center American Indian Center O.I.C. 341 University - 2300 Cedar Avenue S. St. Paul, MN 55103 Minneapolis, MN 55404 612- 222 -0690 612- 721 -4409 ANISHINABE Council of Job Developers Indian Neighborhood Club 1515 E. Lake Street, Suite 206 1805 Portland Ave. Minneapolis, MN 55407 Minneapolis, MN 55404 612 - 729 -5654 612- 871 -7412 Neighborhood House Red School House 179 E. Robie 643 Virginia St. Paul, MN 55107 St. Paul, MN 55103 612 -227 -9291 612 -488 -6626 T.C. Opportunity Indust. Ctr. Upper Midwest Am. Indian Crt. 1015 Olson Memorial Hwy 1113 W. Broadway Minneapolis, MN 55406 Minneapolis, MN 55411 612- 377 -0150 612 -522 -4436 Minneapolis Am. Indian Ctr. Institute of Technology 1530 E. Franklin Ave. Minority Engineering Program Minneapolis, MN 55404 Project Technology Power 612 -871 -4555 339 Walter Library 117 Pleasant St. S.E. American Indian OIC /J.T.P.A. Minneapolis, MN 55455 2495 - 18th Ave. So. 612 -626 -0219 Minneapolis, MN 55404 (612)724 -3653 Indian Upward Bound (IUB) 106 Nicholson Hall 216 Pillsbury Drive S.E. UofM Minneapolis, MN 55455 25b BLACK ANISHINABE Council of Job Developers Hallie Brown - Martin L. King Ctr. 1515 E. Lake Street 270 N. Kent Street Minneapolis, MN 55407 St. Paul, MN 55101 612 - 729 -5654 612- 224 -4601 Institutute of Technology Neighborhood House Minority Engineering Program 179 E. Robie Project Technology Power St. Paul, MN 55107 339 Walter Library 117 Pleasant St. S.E. Sabathani Community Center Minneapolis, MN 55455 310 E. 38th Street 612 - 626 -0219 Minneapolis, MN 55409 612- 827 -5981 St. Paul Urban League (LEAP) T.C. Opportunity Indust. Ctr. 401 Selby Avenue 1015 Olson Memorial Hwy. St. Paul, MN 55102 Minneapolis, MN 55406 612- 224 -5771 612 - 377 -0150 Black Women's Program Minneapolis Urban League 2616 Nicollet Avenue South 2000 Plymouth Ave. No. Minneapolis, MN 55408 Minneapolis, MN 55411 (612)521 -1099 *Black Women's Program - Minneapolis Comm. Bus. Empl. All. 2104 Stevens Ave. So. 15 S. 5th Street Minneapolis, MN 55404 Minneapolis, MN 55402 Y.W.C.A. Career Climci Nat'l Assoc. of Minority Contr. Attn: Job Placement Coord. Attn: Job Placement Coord. 1130 Nicollet Ave. 1014 Plymouth Ave. N. Minneapolis, MN 55403 Minneapolis, MN 55411 Dept. of Equal Opportunity Affirmative Action Room 419, Morrill Hall Minneapolis, MN 55455 25c HANDICAPPED ANISHINABE Council of Job Developers Neighborhood House 1515 E. Lake St., Suite 206 179 E. Robie Minneapolis, MN 55407 St. Paul, MN 55107 612 -729 -5654 612- 227 -9291 St. Paul Rehabilitation Center State Services for the Blind 319 Eagle Street 1745 University Avenue St. Paul, MN 55102 Minneapolis, MN 55104 612- 227 -8471 612- 296 -6080 Minneapolis Society for the Blind T.C. Opportunity Indust. Ctr. 1936 Lyndale Ave. So. 1015 Olson Memorial Hwy. Minneapolis, MN 55403 Minneapolis, MN 55406 612 - 871 -2222 612 - 377 -0150 Human Resource Development Inst. MN Council for the Disabled 175 Aurora Street 208 Metro Square Building St. Paul, MN 55103 7th and Robert Street St. Paul, MN 55101 Goodwill Industries 2543 Como Avenue Courage Center St. Paul, MN 55108 3915 Golden Valley Road Golden Valley, MN 55422 Specialists in Rehabilitation Placements 6985 - 55th Street N. St. Paul, MN 55109 25d s HISPANIC ANISHINABE Council of Job Developers Centro Cultural Chicano 1515 E. Lake Street, Suite 206 1704 Dupont Ave. Minneapolis, MN 55407 Minneapolis, MN 55411 612 -729 -5654 612- 588 -9330 CLUES Hispanos En Minnesota 220 South Robert St., Room 103 179 E. Robie Street St. Paul, MN 55107 St. Paul, MN 55107 612 -292 -0117 612 - 227 -0834 Institute of Technology Minnesota Migrant Council Minority Engineering Program 220 S. Robert St., Suite 104 Project Technology Power St. Paul, MN 55107 339 Walter Library 612 - 222 -2121 117 Pleasant St. S.E. Minneapolis, MN 55455 Spanish Speaking Affairs Council 612 - 626 -0219 506 Rice Street St. Paul, MN 55103 612 -296 -9587 T.C. Opportunity Indust. Ctr. 1015 Olson Memorial Hwy. Minneapolis, MN 55406 " 612- 377 -0150 25e WOMEN ANISHINABE Council of Job Developers Neighborhood House 1515 E. lake Street, Suite 206 179 E. Robie Minneapolis, MN 55407 St. Paul, MN 55107 612 - 729 -5654 612- 227 -9291 Rise Report Newsletter Genesis II for Women, Inc. 8406 Sunset Road N.E. 3036 University Ave. S.E. Spring Lake Park, MN 55432 Minneapolis, MN 55414 612 - 786 -8334 612 - 348 -2762 T.C. Opportunity Indust. Ctr. Women's Community Housing, Inc. 1015 Olson Memorial Hwy. c/o Whittier Alliance Minneapolis, MN 55406 9 Bast 26th Street 612 -377 -0150 Minneapolis, MN 55404 612 -871 -7756 MN Women's Consortium CHART 316 West University Avenue 104 Union Plaza St. Paul, MN 55103 333 N. Washington 612 - 228 -0338 Minneapolis, MN 55401 (612)332 -1942 Working Opportunities for Women (WOW) Women's Resource Center 2700 University Avenue Normandale Community College Suite 120 9700 France Avenue South St. Paul, MN 55114 Bloomington, MN 55431 (612)874 -6636 (612)830 -9387_ Women in the Trades Putting It All Together 1033 Lowry Avenue Northeast 60 Kent Street Minneapolis, MN 55418 St. Paul, MN 55102 (612_788 -6647 (612)291 -8553 Minnesota Women's Center 5 Eddy 192 Pillsbury Drive SE Minneapolis, MN 55455 25f NEWSPAPERS & PERIODICALS TWIN CITIES AREA ASIAN COMMUNITY NEWSLETTER CHRYSALIS NEWSLETTER 396 Roy Street 2104 Stevens Avenue S. St. Paul, MN 55104 Minneapolis, MN, 55455 612 -645 -9102 612 - 871 -0118 COMMISSION OF ECONOMIC STATUS OF WOMEN CONTINUING EDUCATION FOR WOMEN 85 State Office Bldg. 77 Pleasant St. S.B. St. Paul, MN 55155 200 Westbrook Hall 612- 296 -8590 Minneapolis, MN 55455 612 - 373 -9743 LA VOZ MPLS. SPOKEMAN /ST. PAUL RECORDER P.O. Box 19206, Diamond Lake Station 3744 4th Avenue S. Minneapolis, MN 55419 Minneapolis, MN 612- 825 -1490 612 -827 -4021 THE CIRCLE TWIN CITIES COURIER 1530 E. Franklin 84 South 6th Street, Suite 501 Minneapolis, MN 55404 Minneapolis, MN 55402 612- 332 -3211 WEST SIDE VOICE 209 W. Page St. St. Paul, MN 55107 612- 227 -4414 25g ADDITIONAL. REFERRALS (METRO AREA) Anoka County Job Service Carver County Ceta 8008 Hwy 65 NE Carver Co. Courhouse Spring Lake Park, MN 55432 Chaska, MN 55318 (612)784 -1800 (612)448 -3661 Centro Cultural Chicano City of Mpls, Ceta 1704 Dupont Ave. 334 City Hall Minneapolis, MN 55411 Minneapolis, MN 55404 (612)588 -9330 (612)348 -5700 MN Div. of Vocational Rehab. Multi Resource Centers (MRC) 390 N. Robert St., 5th Floor 1900 Chicago Ave. St. Paul, MN 55101 Minneapolis, MN 55404 (612)296 -5616 (612)871 -2402 Nat'l Allinace of Business - Mpls. Pilot City Neighborhood Services 15 So. 5th St. 1315 Penn Ave. No. Minneapolis, MN 55402 Minneapolis, MN 55411 (612)333 -2316 (612)348 -4700 Scott Carver Economic Council Scott County Human Services 1257 Marshall Rd. Courthouse 300 Shakopee, MN 55379 Shakopee, MN 55379 -1375 (612)496 -2125 - (612)445 -7750 Sister Kenny Institute Veterans Resource Center 2727 Chicago Ave. 2020 Minnehaha Ave. Rm. 201 Minneapolis, MN 55407 Minneapolis, MN 505 (612)874 -4400 (612)874 -4400 Mpls. Comm. Business Employ All 15 South 5th Street Minneapolis, MN 55402 25h JOB SERVICE OFFICES - MN DEPARTMENT OF ECONOMIC SECURITY (METROPOLITAN AREA) BLOOMINGTON AREA OFFICE, serving part of Hennepin and Scott Counties, 9100 W. Bloomington Freeway, Bloomington, MN 55431 (612)341 -7241. BURNSVILLE AREA OFFICE, serving Dakota County, 3460 Washington Dr., Eagan, MN 55122 (612)297 -2626. COON RAPIDS AREA OFFICE, serving Anoka, part of Hennepin Counties, 80 Coon Rapids Blvd., Coon Rapids, MN 55433 (612)341 -7373. CRYSTAL AREA OFFICE, serving NW Hennepin County, 5600 W. Broadway, Crystal, MN 55428 (612)341 -7168. FOREST LAKE AREA OFFICE, serving Washington County, 568 S. Lake St., Forest Lake, MN 55025 (612)297 -2876. HASTINGS AREA OFFICE, serving Dakota County, 205 E. Third St., Hastings, MN 55033 (612)437 -2032 HOPKINS AREA OFFICE, serving part of Hennpin, Carver, Scott Counties, 135 Shady Oak Rd. S., Hopkins, MN 55343 (612)341 -7163. MINNEAPOLIS AREA OFFICE, serving Hennepin County, 309 Second Ave. S., Minneapolis, MN 55401 (612)341 -7300. ROSEVILLE AREA OFFICE, serving Ramsey County, 1910 W. Cty. Rd. B, Roseville, MN 55113 (612)297 -8708. ST. PAUL CENTRAL AREA OFFICE, serving City of St. Paul, 290 N. Robert st., St. Paul, MN 55101 (612)296 -8708. ST. PAUL MIDWAY AREA OFFICE, serving Ramsey County, 2233 University Ave., St. Paul, MN 55114 (612)297 -4520. ST. PAUL NORTH AREA OFFICE, serving Washington and Ramsey Counties, 113 Wildwood Rd., White Bear Lake, MN 55110 (612)777 -8162. ST. PAUL SOUTH AREA OFFICE, serving Dakota and Ramsey Counties, and Inver Grove Heights, Mendota Heights and W. St. Paul, 918 Robert St., W. St. paul, MN 55118 (612)296 -6008. STILLWATER AREA OFFICE, serving Washington County, 110 S. Greeley St., Stillwater, MN 55082 (612)297 -2440. 25i RESOURCE AND REFERRAL SOURCES (OUT -STATE MINNESOTA) DULUTH INDIAN ACTION COUNCIL COMMUNITY WORK /DEVELOPMENT CTR. 217 N. 4th Ave. W. 1500 18th Street S. Duluth, MN 55806 Virginia, MN 55792 (218)723 -4726 (218)741 -7273 AMERICAN INDIAN PROGRAM U OF M LAKE REGIONAL REHAB. IND. 2400 Oakland Ave. 1205 N. Tower Road Duluth, MN 55812 Fergus Falls, MN 56537 (218)726 -7160 (218)736 -5668 DULUTH LIGHTHOUSE FOR THE BLIND NORTH CENTRAL WORKSHOP, INC. 2701 W. Superior Street Industrial Park, Box D Duluth, MN 55806 Bemidji, MN 56601 AMERICAN INDIAN FELLOWSHIP ASSOC. BOIS FORTE R.B.C. 8 East Fourth Street P.O. Box 16 Duluth, MN 55802 Nett Lake, MN 55772 (218)727 -1115 (218)757 -3261 FOND DU LAC R.B.C. LEECH LAKE R.B.C. 105 University Road Route 3 - Box 100 Cloquet, MN 55702 Cass Lake, MN 56633 RED LAKE TRIBAL COUNCIL WHITE EARTH R.B.C. P.O. Box 310 Box 37 Red Lake, MN 56671 Waublin, MN 56589 (218)679 -3306 (218)473 -2141 MANKATO REHABILITATION CTR. CEDAR VALLEY REHAB. WORKSHOP INC. 15 Map Dr. 2111 N.W. 4th Street Mankato, MN 56001 Austin, MN 55912 (507)345 -4507 (507)433 -2303 OCCUPATIONAL REHABILITATION CTR. ABILITY BUILDING CENTER 1053 E. Mark St. 1911 14th St. N.W. Winona, MN 55987 P.O. Box 6938 (507)452 -1855 Rochester, MN 55903 BRIGHTER DAY ACTIVITY CENTER OPPORTUNITY TRAINING CTR. 500 S. Walnut St. 318 14th Ave. N. Mora, MN 55051 St. Cloud, MN 56302 (612)679 -2354 (612)252 -2651 WEST CENTRAL INDUSTRIES, INC. MILLE LACS BAND OF CHIPPEWA INDIAN 1300 S.W. 22nd St. Star Route - Box 194 Box 813 Onamia, MN 56259 Willmar, MN 56201 (612)532 -4181 (612)235 -5310 25j St. Cloud Vietnam Community Women's Resource Center 222 - lith Avenue North 14 Exchange Building St. Cloud, MN 56301 Winona, MN 55987 Native Americans in Medicine Bemidji State University 14th and Burchmont Bemidji, MN 56601 2 5k ,f JOB SERVICE OFFICES - MN DEPARTMENT OF ECONOMIC SECURITY (OUT -STATE MINNESOTA) i ALBERT LEA AREA OFFICE, serving Freeborn County, 916 S. Broadway, Albert Lea, !. MN 56007, (507)373 -3951. ALEXANDRIA AREA OFFICE, serving Douglas, Pope and Stevens Counties, 418 Third Ave. E., Alexandria, MN 56308, (612)762 -2131. AUSTIN AREA OFFICE, serving Mower County, 1900 Eighth Ave. N.W., Austin, MN 55912, (507)433 -0555. BEMIDJI AREA OFFICE, serving Beltrami, Clerwater, N. Cass, Hubbard and Mahnomen Counties, 1819 Bemidji Ave., Bemidji, MN 56601, (218)755 -2936. BRAINERD AREA OFFICE, serving Crow Wing and S. Cass Counties, 1919 S. Sixth St., Brainerd, MN 56401, (218)828 -2450. CROOKSTON AREA OFFICE, serving Norman and Polk Counties, Hwy 75 S. & Minnesota St., Crookston, MN 56716, (218)281 -3593. DULUTH AREA OFFICE, serving Carlton Lake, Cook and S. St. Louis Counties, 320 W. Second St., Duluth, MN 55802, (218)723 -4730. ELY AREA OFFICE, serving N.E. St. Louis and N.W. Lake Counties, 30 S. First Ave. E., lily, MN 55731, (218)365 -3177. FARIBAULT AREA OFFICE, serving Rice, part of Goodhue and Steele Counties, 218 Central Ave. N., Faribault, MN 55021, (507)332 -3220. i FA �fONT AREA OFFICE, serving Martin and Faribault Counties, 923 N. State St., Farimont, MN 56031, (507)235 -5518. FERGUS FALLS AREA OFFICE, serving Otter Tail, Wilkin, Grant and Traverse Counties, 125 W. Lincoln Ave., Fergus Falls, MN 56537. GRAND RAPIDS AREA OFFICE, serving Aitkin and Itasca Counties, 310 NW Third St., Grand Rapids, MN 55744, (218)327 -1780. HIBBING AREA OFFICE, serving W. Central St. Louis and Itasca Counties, Mesabi Mall, Hibbing, MN 55746 (218)262 -6777. HUTCHINSON AREA OFFICE, serving McLeod and Meeker Counties, 117 First Ave. S., Hutchinson, MN 55350, (612)587 -4740. INTERNATIONAL FALLS AREA OFFICE, serving Koochiching County, 407 Fourth St., International Falls, MN 56649, (218)283 -9427. LITTLE FALLS AREA OFFICE, serving Morrison, Todd and Wadena Counties, 106 First Ave. S., Little Falls, MN 56345 (612)632 -5427. MANKATO AREA OFFICE, serving Blue Earth, Waseca, LeSueuer and Nicollet Counties, 709 N. Front St.. Mankato. MN 56001, (507)389 -6723. 251 �i-3RSHALL AREA OFFICE, serving Lyon, Lincoln, Redwood and Pipestone Counties, 1210 E. College Dr., Marshall, MN 56258, (507)537 -6236. MONTEVIDEO AREA OFFICE, serving Chippewa, Yellow Medicine, Lac Qui Parle, Big Stone and Swift Counties, 125 S. First St., Montevideo, MN 56265, (612)269- 8819. MOORHEAD AREA OFFICE, serving Clay and Becker Counties, Townsite Center, 810 Fourth Ave. 5.,, Moorhead, MN 56560, (218)236 -2191. MORA AREA OFFICE, serving Kanabec, Isanti, Pine, Mille Lacs and Chisago Counties, 100 S. Park St., Mora, MN 55051, (612)3611. NEW ULM AREA OFFICE, serving Brown, Sibley and Watonwan Counties, 1200 S. Broadway, New Ulm, MN 56073, (607)354 -3138. RED WING AREA OFFICE, serving Goodhue and part of Wabasha County, Ste. 302, 2000 W. Main St., Red Wing, MN 55066, (612)388 -3526. ROCHESTER AREA OFFICE, serving Olmsted, Dodge, and part of Fillmore County, 1200 S. Broadway, Rocheters, MN 55902, (507)285 -7315. ST. CLOUD AREA OFFICE, serving Stearns, Benton, Sherburne and Wright Counties, 111 Lincoln Ave. S.E., St. Cloud, MN 56301, (612)255 -3266. THIEF RIVER FALLS AREA OFFICE, serving Lake of the Woods, Pennington, Kittson, Roseau, Marshall and Red Lake Counties, 318 N. Knight Ave., Thief River Falls, MN 56701, (218)681 -1100. VIRGINIA AREA OFFICE, serving N.W. & E. Central St. Louis County, 505 W. 12th Ave., Virginia, MN 55792, (218)749 -3123. WILLMAR AREA OFFICE, serving Kandiyohi, Meeker, Renville and McLeod Conties, 2015 S. First St., Willmar, MN 56201, (612)231 - 5174. WINONA AREA OFFICE, serving Winona, Houston, Wabasha and NE Fillmore Counties, 52 E. Fifth St., Winona, MN 55987, (507)457 -5460. WORTHINGTON AREA OFFICE, serving Nobles, Rock, Murray, Cottonwood and Jackson Counties, 511 10th St., Worthington, MN 56187, (507)376 -3116. 25m MINNESOTA MIGRANT COUNCIL (OUT - STATE) BLOOMING PRAIRIE, Box 456, Blooming Prairie, MN 55917 CROOKSTON, serving Kitton, Marshall, Polk, Pennington and Red Lake, 223 East 7th Street, P.O. Box 22, Crookston, MN 56716 (218)281 -7893. MOORHEAD, serving Norman, Clay, Wilkin, Pope, Ottertail, Traverse, Grant, Steven, and Douglas, 1625 - 1st Ave., No., P.O. Box 904, Moorhead, MN 56560. WILLMAR, serving Bit Stone, Swift, Chippewa, Kandiyohi, Meeker, Lac Qui Parle, Yellow Medicine, Renville, McLeod, Sibley, Nicollet, Redwood, Lyon, Lincoln, 500 Industrial Drive, P.O. Box 1334, Willmar, MN 56201 (612)235 -9624. ST. JAMES, serving Blue Earth, faribault, Watonwan, Martin, Jackson, Nobles, Rc,._k, Pipestone, Murray, Cottonwood and Brown, 119 South 7th Street, P.O. Box 344, St. James, MN 56081 (507)375 -3303. BLOOMING PRAIRIE, serving LeSeur, Rice, Waseca, Steele, Dodge, Freeborn and Mower, 110 West Highway Ave., N., P.O. Box 456, Blooming Prairie, MN 55917 (507)583 -4405. ** Also Check Your Local Technical Institutes For Referrals. 25n Placement Specialists (ALLEGES INSTATE AND OUTSTATE American Indian Student Center University of Minnesota University of Minnesota American Indian Student Center 104 Jones Hall 104 Jones Hall Minneapolis, MN 55455 Minneapolis, MN 55455 624 -0243 624 -0243 American Resource Indian Center Augsburg College 125Fraser Hall Minority Student Affairs Coordinator 106 _ Pleasant Street S.E. Minneapolis, MN 55454 Min"apolis, MN 55455 330 -1022 624 -2555 Bethel College Black Learning Resource Center Bill Chambiss University of Minnesota Minority Advisor 323 Walter Library 3800 Bethel Drive 117 S.E. Pleasant St. Paul, MN 55112 Minneapolis, MN 55455 638 -6410 625 -1365 Bethel College Black Cultural Center Terry Coffee University of Minnesota International Director North Apple Hall 3900 Bethel Drive Minneapolis, MN 55445 St. Paul, MN 55112 625 -0045 Hamline University Asian Resources Center Jim Price 117 Pleasant S.E. Minority Program Director Room 306 Walter Library St. Paul, MN 55104 Minneapolis, MN 55455 641 -2203 624 -2317 Macalester College Chicano Studies Nancy Tellett -Royce 489 Ford Hall Snelling and Grand 224 Church Street S.E. St. Paul, MN 55075 Mir —keapolis, MN 55455 696 -6384 624 -6309 Macalester College Office for Minority Students Michael O'Rielly 1901 University Avenue S.E. Minority Program Minneapolis, MN 55414 Snelling and Grand 624 -9556 St. Paul, MN 55075 - University of Minnesota 696 -6309 Martin Luther King Program College of St. Thomas Room 19 Johnson Hall Kathy Beecham 101 Street S.E. 2115 Summit Minneapolis, MN 55455 St. Paul, MN 55105 625 -2300 647 -5239 Afro American Studies Metropolitan State Univ. 808 Social Science Building Jill Beaulieu Sabathiani 267 19th Avenue South Minority Service Minneapolis, MN 55455 121 Metro Square Bldg. 624 -9847 St. Paul, MN 55101 341 -7466 25o University of Minnesota St. Olaf College Becky Baylor Charlotte Hartwig College of Business Admin. Intercultural Liaison 206 Business Admin. Tower Northfield, MN 55057 _ Minneapolis, MN 55455 (507) 663 -3368 373 -4174 College of St. Theresa University of Minnesota l:oreen Oppriecht Don -Bi rmi ngham ;;i - )na, MN . 55987 ' Institute of Technology (;C;) 663 -3368 Minneapolis, MN 55455 373 -2697 Carleton College Marilyn Hill University of Minnesota Placement Director Santiago Northfield, MN 55057 (Latin-Chicano Re source Center (507) 663 -4294 College of Liberal Arts 345 Frazer Hall Concordia College Minneapolis, MN 55454 Sylvia Lell 376 -8021 Moorhead, MN 56560 University 299 -3492 of Minne sota y Vera Rorie Gustavus Aldophus College (Black Learning Resource ce Center #4r: -4 rj z f y mod rey- College of liberal Arts St. Peter, MN 56082 345 Frazer Hall (507) 931 -7524 Minneapolis, Mn 55454 373 -7947 Southwest State University Charles Kirby University of Minnesota Marshall, MN 56258 Flo Wiger (507) 537 -6221 (American Indian Resource Center) College of Liberal Arts St. Cloud State University 345 Frazer Hall Tod Ewing Minneapolis, MN 55454 Minority Student Prog. 376 -2982 St. Cloud, MN 56301 Bemidji State University 255 -3003 Placement Services St. John's University June Bender Jim McConnell Assistant to Director Collegeville, Mlle MN 6 9 5 321 14th b Birch mont Drive 363 -3791 Bemidji, MN 56601 755 -7038 University of Minnesota at Duluth Mankato State University Katherine Mattocks Dave Hendel Minority Advisor Mankato, MN 56001 Room 225, Admin. Bldg. 389 -6061 Duluth, MN 55812 Winona State University 726 -7535 Affirmative Action Officer University of Minnesota, Morris Winona , MN 55987 Bill Stewart Morris, MN 56267 589 -6095 25p University of Minnesota, Waseca Hamline University Bob Hendricks Dir. of Minority Programs Waseca, MN 56093 Hewitt & Snelling Avenue (507) 835 -1000 St. Paul, MN 55104 Chicano- Latino College of St. Catherine Humphrey Juarez Minority Student Affairs Learning Resource Center 2004 Randolph Avenue 332 Walter Library St. Paul, MN 55101 117- Pleasant St. S.E. Minneapolis, MN 55458 College of St. Thomas Minority Student Affairs American Indian OIC P.O. Box 5014 2300 Cedar Ave. S. St. Paul, MN 55105 Minneapolis, MN 55404 Marquette University Twin Cities Opportunities Office of Minority Student Affairs Industrialization Center 1216 West Wisconsin Avenue 1015 Olson Memorial Highway Milwaukee, WI 53233 Minneapolis, MN 55405 Wisconsin University of Milwaukee Augsburg College Office of Minority Student Affairs Job Placement Coordinator P.O. Box 749 Black Student Affairs Milwaukee, WI 53201 731 - 21st Avenue South Minneapolis, MN 55454 Wisconsin University of Stevens Point Office of Minority Student Affairs Leticia Assad c/o Black Student Coalition Community Program Specialist Stevens Point, WI 54481 University of Minnesota Health & Sciences Minority Program Wisconsin University of Eau Claire 614 Delaware Street Office of Minority Student Affairs Minneapolis, MN 55455 Eau Claire, WI 54701 376 -7564 Wisconsin - Stout University William Anderson Metro State University Office of Minority Student Affairs Minority Services Menomonie, WI 54751 121 Metro Square 7th & Robert Huron College St. Paul, MN 55101 Office of Minority Student Affairs Minority Program Huron, South Dakota 57350 Macalester College National College 1600 Grand Avenue Office of Minority Student Affairs St. MN 55105 321 Kansas City Street Rapid City, SD 57709 Terry S. Coffee Coord. of Multicultural Development South Dakota State University Bethel College Office of Minority Student Affairs 3900 Bethel Drive Brookings, SD 57007 St. Paul, MN 55112 University of Wisconsin - Madison Minneapolis Community College Office of Minority Student Affairs Black Student Support Program Madison, WI 53706 1501 Hennepin-Avenue Minneapolis, MN 55403 25q University of Iowa University of Minnesota Office of Minority Student Affairs Rebecca Green Iowa City, IA 52242 244 Williamson Hall 231 Pillsbury Drive, S.E. College of liberal Arts Minneapolis, MN 55455 Lisa Keiser 642 -5555 Career Development Office 345 Fraser Hall Northeast Metro Tech (916) 106 Pleasant Street SE Brenda Johnson Minneapolis, MN 55455 3300 Century Avenue North White Bear Lake, MN 55110 Minneapolis Technical Institute 770 -2351 Kathy Beecham 1415 Hennepin Avenue University of Minnesota Minneapolis, MN 55403 Linda Johnston 370 -9453 240 Williamson Hall 231 Pillsbury Drive S.E. Hennepin Technical Centers Minneapolis, MN 55455 Mae Beecham 624 -5555 9000 North 77th Avenue Brooklyn Park, MN 55445 St. Paul Schools 425 -3800 Teresa Mardenborough 360 Colbourne Metro State University St. Paul, MN 55102 Jewelean Davison 293 -7760 Hennepin Center for the Arts 528 Hennepin Avenue Lakewood Community College Suite 404 Willie Nesbit Minneapolis, MN 55403 _ 3401 Century Avenue 341 -7253 (Mpls) White Bear Lake, MN 55110 297 -2258 (St. Paul) 779 -3313 Post High School Planning St. Cloud AVTI Diana Dearring Alesia Stone 550 Cedar Street 1540 Northway Drive Suite 400 St. Cloud, MN 56301 St. Paul, MN 55101 1 -252 -0101 296 -9681 Passage Community Macalester College Hester Stone Juanamarie Dixon 17 E. 14th Street 1600 Grand Avenue Minneapolis, MN 55404 St. Paul, MN 55105 872 -9553 or 872 -9658 696 -6534 Dakota County AVTI Ramley County Dept of Welfare Jennifer Robinson -West Fenita Foley 1300 E. 145th St. 160 E. Kellogg Blvd. Rosemount, MN 55068 St. Paul, MN 55101 423 -8217 298 -4880 29r APPENDIX NO. 2 1987 CITY OF BROOKLYN CENTER SEXUAL HARASSMENT POLICY PURPOSE It is the City's policy that the work force environment and City employees will be free of sexual harassment. POLICY 1. Sexual harassment by City employees toward any member of the public or any other City employee is prohibited and will be cause for disciplinary action. 2. This policy will apply to all employees of the City of Brooklyn Center. 3. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, and other verbal, visual or physical conduct of a sexual nature when: a. Submission to such conduct or communication is made either implicitly or explicitly a term or condition of an individual's employment; b. Submission to or rejection of such conduct or communication by an individual is used as a basis for an employment decision affecting that individual's employment; C. Such conduct or communication has a purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 4. Behavior which may constitute sexual harassment includes, but is not limited to a. Verbal harassment (e.g., epithets, unwelcomed sexual yokes, sexual overtures and innuendos, derogatory remarks, or slurs); b. Physical harassment (e.g., touching gestures, assault, impeding or blocking movement, or any physical interference with normal work or movement); C. Visual forms of harassment (derogatory posters, sexual gestures, offensive and intimate personal gestures or touching, letters, poems, graffiti, cartoons, or drawings); and d. Requests for sexual favors or unwelcome sexual advances. 26 I 5. Any employee who feels he or she is being subjected to sexual harassment in any form, or who believes he or she has witnessed sexual harassment in any form, must notify his or her supervisor, the personnel coordinator, or the city manager immediately. All supervisors are required to report immediately any allegations to the personnel coordinator or the city manager. 6. Any complaints which are made will be investigated confidentially and in a timely fashion. All employees shall cooperate in any investigation of such a complaint. If the facts support the allegations, the perpetrator of the sexual harassment will be subject to disciplinary action. Any employee found to have made a false complaint of sexual harassment, to have withheld information, or found to have given knowingly false information during an investigation of such a complaint may also be subject to disciplinary action. "Discipline," as used in this paragraph, shall mean any of the courses of action described in the City's personnel ordinance, including dismissal. 26a APPENDIX NO. 3 Equal Emp loyment opportunity is... Faivate Employment, Employers holding Federal Programs or activities State and Local contracts or subcontracts receiving Federal Government, Educational financial assistance Institutions origin Odor, Religion, Sex, National Origin Handicap Executt m Order 1248, as amended, pro- Secgo_n_504 of the Aehabilitation_ o f Race, collar, Religion, Sex, National hfbitsjob discrimination on the basis of 1973, as amended, prohibits employment Origin race, color, religion, sex or national origin, discrimination on the basis of handicap in Title VII of the Ci h ts Act of 1964 as and requires affirmative action to ensure any program or activity which recetves amended, prohibits discrimination in hit equality of opportunity in all aspects of Federal financial assistance. ing, promotion, discharge, pay, fringe employment Discrimination is prohibited in all aspects benefits, and other aspects of employ- of employment against handicapped ment, on the basis of race, color, religion, Handicap persons who, with reasonable sex or national origin. Section 5 of the Rehabilit t ahon Act of accommodation, can perform the essential as amended. prohlbasjob_discrimi- __ m firli of ajob. Applicants to and employees of most nation because of handicap and requires private employers, State and local gov- affirmative action to employ and advance Race, Oft, National0rigin ernments and public or private edu- in employment qualified handicapped indi- In addition to the protection of Title VII of rational institutions are protected. Em- viduals who, with reasonable accommoda- the Crd Rights Act of 1964, Title VI of the ployment agencies, labor unions and ap- tion, can perform the functions of a job. Civil Nghts Act prohibits discrimination on prenticeship programs also are covered. the basis of race, color or national origin in Vietnam Era and Disabled Veterans programs or activities receiving Federal Age Sect 402 o f - the Vietnam Era Veterans financial assistance. Employment The Age D scrim nati in Employment Re 'ust Assistance Act of 1974 discrimination is covered by Title VI if the Act of 196 7, as amended, prohibits age prohibits job discrimination and requires primary objective of the financial discrimination and protects applicants affirmative action to employ and assistance is provision of employment, or and employees aged 40 -70 from discrimi- advance in employment qualified where employment discrimination causes nation in hiring, promotion, discharge, Vietnam era veterans and qualified or may cause discrimination in providing pay, fringe benefits and other aspects of disabled veterans. services under such programs. employment. The law covers most pri- vate employers, State and local govern- Applicants to and employees of If you believe you have been discriminated ments, educational institutions, employ- companies with a Federal government against in a program which receives ment agencies and labor organizations. contract or subcontract are protected Federal assistance, you should under the authorities above, Any person immediately contact the Federal agency sex (wages) who believes a contractor has violated its providing such assistance. In addition to the sex discrimination nondiscrimination or affirmative action prohibited by Title VII of the Civil Rights obligations under Executive Order 11246, Act ( see above) The Etc ual Pay Act of as amended, Section 503 of the 1963, as amended, prohibits sex mtnl- Rehabilitation Actor Section st of the D on't nation in payment of wages to women Vietnam Era Veterans Readjustment men performing substantially equal Assistance Act should oontact work in the same establishment. The law immediately: covers most private employers, State and The office of Federal For • • • local governments and educational in- i �� compliance stitutions. labor organizations cannot Emplo me n S t Stantandd) _ Em to eards E q ual cause employers to violate the law. Many � P Ym employers not covered by Title V11, be- , .' Administration cause of size, are covered by the Equal U.S. Department of labor Pay Act. 200 Constitution Avenue, N.W. ent Washington, D.C. 20210 /E�mploym If you believe that you have been dis- or an OFCCP regional or area office, V uportunity criminated against under any of the listed in most telephone directories r . above laws, you should immediately under U.S. Government, Department of is the Law contact: Labor. The US. Equal Employment r ; 0 JP , Opportunity0ommssion 2401 "E" Street, N.W. 4 . Washington, D.C. 20506 y 5 ���" i,. or an EEOC District Office, 2 listed inmost telephone directories under U.S. Government. - I • CITY OF BROOKLYN CENTER Council Meeting Date 11/7/88 Agenda Item Number �0 6 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Status and Impact of BFI vs. Hennepin Recycling Group Lawsuit and Review of Recycling Contract Negotiations DEPT. APP L• ignatur - title * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached HISTORY • Within the last 12 months the City of Brooklyn Center entered into a joint powers agreement with the cities of Crystal and New Hope to jointly administer a program of recycling and refuse collection to meet the Hennepin County and State mandates for achieving a recycling goal of 16 % of the current refuse collections. Two public hearings were held by the City of Brooklyn Center to inform the community of the various alternatives available to them. After these hearings the Council reviewed the alternatives and chose to proceed with a joint powers agreement with neighboring communities and an organized refuse /garbage collection system in which a consortium of existing haulers servicing our community would be organized and contract with - the City to provide for collection of refuse and garbage. A separate contract would be negotiated with a recycling contractor to handle the recycling. The Council has instructed the staff to work with the joint powers group to achieve both of these contracts and has agreed that collection of refuse /garbage and recyclables should occur on the same day. Approximately two months ago the joint powers group (HRG) commenced negotiations with the haulers to form a consortium which would then allow the HRG to negotiate a garbage and refuse contract with them. BFI, Inc., one of the garbage and refuse haulers entered into a lawsuit and received a restraining order against the HRG preventing it from proceeding with the development of and negotiations with a consortium of haulers. The basic premise of the lawsuit is based on the fact that the state law, which allows cities to enter into these consortium agreements and negotiate contracts, is believed by BFI to be in conflict with federal antitrust legislation. CURRENT STATUS Attorneys for the HRG and BFI are currently in the process of stipulating facts and issues and presenting their arguments to the court in an expeditious manner as possible. It is anticipated that the hearings on this lawsuit will be in late November, early December. After that it could be anywhere from 30 to 90 days before we receive a decision from the court. Then, of course, there is the potential for an appeal depending upon the ruling. However, an appeal seems unlikely, at least at this time. The HRG is, however, proceeding to negotiate with various recycling contractors in an effort to develop a final contract for recycling services for the three communities. Because it was the Council's intention to coordinate garbage /refuse hauling and recycling and have collection of each occur on the same day, we had always planned on implementing the two contracts at the same time. However, because we are temporarily stymied in our efforts in the refuse /garbage collection area, we will be asking the Council to discuss their thoughts on delaying implementation of the recycling contract and wait until we can proceed with both. It could be quite confusing for our citizens to implement. recycling separate from refuse /garbage hauling contracts or services because of the need to educate the public about recycling and placing it out at the curb on the same day as their regular ' refuse and garbage pickup. If we do not implement both services at the same time, considerable confusion could result. However, on the other hand if the Council is interested in getting recycling going as quickly as possible, it would not be impossible to implement the recycling without coordinating it with garbage and refuse hauling. Staff believes it will be far less confusing and more beneficial to the long term success of a recycling program to start the process as conveniently as possible with a minimum of confusion and disruption to our citizens. The staff will be prepared to discuss the ramifications of either course of action with you Monday evening. K CITY OF NEW HOPE MEMORANDUM DATE: November 7, 1988 TO: Jerry Dulgar, City Manager, Crystal Daniel Donahue, City Manager, New Hope Gerald Splinter, City Manager, Brooklyn Center FROM: Tom Bublitz, HRG Administrator 1 SUBJECT: Curbside Recycling Program Time Schedule and Establishment of Collection Districts At the November 3 1988, Hennepin Recycling Group meeting, the HRG Board reviewed a tentative time schedule for beginning the curbside recycling program in the three HRG cities. After final review by the HRG's legal counsel, the contract for recycling will be mailed out the week of November 7. I would then plan to hold initial meetings with the contractors being considered for the curbside program within a week of their receipt of the contract. I am planning to have contract negotiations with the three vendors completed by mid - December. If a vendor can be selected by mid - December, the contractor chosen will likely need from 60 to 90 days to prepare to begin curbside service. One of the major tasks necessary for the contractor to "gear -up" for curbside recycling is the ordering and delivery of trucks for recycling. This would mean the curbside program could start mid - February to mid - March. Also discussed at the November 3rd meeting was the status of the Woodlake Sanitary Services, Inc. lawsuit over organized collection. The hearing is scheduled for December 2, 1988. The judge has 90 days from the completion of the hearing to render a decision in the case. Ninety days from December 2nd would be March 2, 1989. The question for Brooklyn Center and Crystal then becomes whether or not to start curbside recycling before the organized collection issue is resolved. Since the City of New Hope is not included in the organized collection issue, the plan is to begin the curbside program in New Hope at the earliest possible date. Another issue related to the coordination of recycling collection and refuse collection is the establishment of collection districts. With this approach, collection districts would be established so that recycling and refuse collection would occur on the same day in each district established. Collection -1- districts could be established with or without organized collection. However, if organized collection is established in Brooklyn Center and Crystal, the establishment of collection districts would be more efficient if recycling collection and refuse collection occur at the same time. One reason for this is that recycling is generally a faster collection process than refuse collection and both recycling and refuse collection must be coordinated when establishing the size of the districts. If our eventual goal is to have same day collections of recyclables and refuse in all the HRG cities, regardless of organized collection, I would recommend that the HRG establish the collection districts and handle the "mechanics" of implementing them. This recommendation is based on the assumption that the most efficient system of collection districts would likely cross municipal boundaries in the HRG Service Area. The procedure I would recommend is to have each HRG city amend their respective refuse or garbage ordinance, with language that would enable the city to establish collection districts through the HRG. - The following ordinance - language is offered for your review and consideration: "The City reserves the right to specify certain areas of refuse and recycling collection and to specify certain days of collection within these areas for all licensees. These collection districts shall be established by the Hennepin Recycling Group pursuant to the Joint and Cooperative Agreement for Solid Waste Disposal." I have not yet reviewed the above ordinance language with the HRG legal counsel. If this approach meets with approval by the HRG member cities and is feasible from a legal standpoint, each HRG city could amend their ordinance accordingly. -2- CITY OF BROOKLYN CENTER Council Meeting Date �_ 7�_ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ® *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION REQUESTING THAT THE MINNEAPOLIS PARK BOARD COMPLETE THE MISSING LINK OF THE REGIONAL TRAILWAY SYSTEM BETWEEN THE PENN AVENUE BRIDGE AND THE NORTH MINNEAPOLIS CORPORATE LIMITS (AT 53RD AVENUE NORTH EXTENDED) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP D R- TOR OF PUBLIC WORKS * * * * * MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation On September 20, 1988, the Park and Recreation Commission recommended "concept approval" of the attached "Bicycle Trailway Plan" (see pp. 2 -4 of attached minutes). In a separate motion, the Commission also recommended "...that the City Council make a formal request to the Minneapolis Park Board to complete the missing link of the (Regional) Trailway System from the Penn Avenue bridge north to 53rd Avenue North in Brooklyn Center (i.e. the Minneapolis /Brooklyn Center city limits line)." Report Attached Attached hereto is a more detailed report which includes a review of the existing trailway system, projects currently in progress, and implementation recommendations. Specific Actions Required by the City Council 1. Review, discussion, directions to staff. 2. Adoption of a motion giving "concept approval" to the plan and directing staff to develop an implementation plan, to be submitted to the City Council for review, consideration and approval. 3. A resolution requesting the Minneapolis Park Board to complete the "missing link" of the Regional Trail between Penn Avenue an 53rd Avenue is provided for consideration by the Council. • IQe Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING THAT THE MINNEAPOLIS PARK BOARD COMPLETE THE MISSING LINK OF THE REGIONAL TRAILWAY SYSTEM BETWEEN THE PENN AVENUE BRIDGE AND THE NORTH MINNEAPOLIS CORPORATE LIMITS (AT 53RD AVENUE NORTH EXTENDED) WHEREAS, the Cities of Minneapolis and Brooklyn Center have developed trailway systems which generally conform to and compliment the Regional Trailway System plan developed by the Metropolitan Council; and WHEREAS, only one short segment of this proposed regional trailway remains incomplete, i.e. a portion of the segment which lies within the City of Minneapolis, between the Penn Avenue bridge and the Minneapolis /Brooklyn Center corporate limits (at 53rd Avenue North extended); and WHEREAS, completion and integration of this trailway system will be of benefit to all residents of the Metropolitan area, and especially to the residents of Minneapolis and Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Minneapolis Park Board is hereby requested to complete the missing link of the Regional Trailway System between the Penn Avenue bridge and the Minneapolis /Brooklyn Center corporate limits (at 53rd Avenue North extended). 2. The City Manager is hereby authorized to submit this resolution to the Minneapolis Park Board, along with such other information as may be needed to assure completion of this trail as soon as possible. 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 6301 SHINGLE CREEK PARKWAY OF BR OKLYN CENTER MINNESOTA 55430 BROOKLYN ° ' j� TELEPHONE 561 - 5440 I ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter City Manager FROM: Sy Knapp Director of Public Works DATE: November 3, 1988 RE: Bicycle Tr ail w ay a Plan On September 20, 1988, the Park and Recreation Commission recommended "concept approval" of the attached "Bicycle Trailway Plan" (see pp. 2 -4 of attached minutes). In a separate motion, the Commission also recommended "...that the City Council make a formal request to the Minneapolis Park Board to complete the missing link of the (Regional) Trailway System from the Penn Avenue bridge north to 53rd Avenue North in Brooklyn Center (i.e. the Minneapolis /Brooklyn Center City limits line)." To date, trailway construction in Brooklyn Center has been limited to the following elements (these trails are shown on the attached map): - on and along the "Regional Trail Corridor" which follows a north -south route through the central portion of the City, generally following the course of Shingle Creek through Lions Park, Brookdale, Central Park, the Industrial Park, and Palmer Lake Park; and - isolated segments of trails within several of the City's parks; and - the pedestrian/bicycle bridge over T.H. 100 between Summit Drive and 54th Avenue (Grandview Park); and - trails which were constructed during the summer of 1988, in conjunction with the "France Avenue Area" street improvements; and with the "Logan Avenue Area" street improvements; and - in addition, construction of the following segments is included in currently approved projects which will be completed during 1989 or 1990: 1. The new I -694 bridge over the Mississippi River will include provisions for a pedestrian /bicycle trail crossing of the river. roar au uu xa ott Mr. Gerald G. Splinter Page Two November 3, 1988 2. The new Xerxes Avenue bridge which will cross over I -694 will include sidewalks and on- street bicycle lanes. 3. Hennepin County plans to reconstruct the intersection of CR 10 and Shingle Creek Parkway, so as to provide double left -turn lanes for both east bound and west bound traffic in 1989. At our request, that project will include improvements to the pedestrian/bicycle trailway routings through this intersection, and will include a new traffic control signal system with full pedestrian signal indications on each leg of the intersection (only a partial pedestrian signal system is now in place). 4. As previously discussed, we plan to develop plans for completion of the CR 10 /Lilac Drive trailway connection between Logan Avenue and the Regional Trail System at Centerbrook, for construction in 1989. It is recommended that this master plan be presented to the City Council for their review, discussion and recommendations. Implementation Recommendations If the plan receives concept approval from the City Council, either as presented or with amendments, staff will then develop more detailed proposals, cost estimates and an implementation plan, i.e.: - Detailed proposals would be developed for each segment of the proposed system, to the extent that the feasibility of constructing "off- street" trails within existing rights -of -way or of purchasing additional rights -of -way would be examined. Also, the feasibility of establishing marked "on- street" trailways would be revised (including the need to prohibit or limit on- street parking) on a segment -by- segment basis. NOTE: We recommend that the standards established within the "Bikeway Design Manual" as developed by MNDOT and the DNR be followed to the extent possible.) - Immediate attention would be given to those segments where a "window of opportunity" will occur within the next few years ... to combine the construction of trailways with other construction projects. This includes the following projects: I. the "turn back" improvement of West River Road between 66th and 73rd Avenues ... with an extension of this project to provide a trailway connection to the I -694 bridge; and 2. the proposed development of the "North Mississippi Regional Park" by the Hennepin County Parks District; and 3. improvements to 69th Avenue North from Shingle Creek Park to west of Brooklyn Boulevard; and 4. improvements in the Twin Lakes /Preserve Area (a study is currently in progress). Mr. Gerald G. Splinter Page Three November 3, 1988 - A proposed priority /scheduling program would be developed for the remaining portions of the system. - A proposed funding plan would be developed. NOTE It is anticipated that the majority of the funding required could be made available through utilization of the City's Municipal /State Aid Street Funds (i.e. Accounts No. 2610, 2611, and 2613). However, the availability of other State or Federal aids would also be explored. Respectfully submitted, Sy Kna'p Director of Public Works Attachment I MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 20, 1988 CITY HALL CALL TO ORDER Chairman Sorenson called the meeting to order at 7:32 p.m. ROLL CALL Chairman Sorenson, Commissioners Burnes, Mead, Pollock, and Skeels. Also present were Councilmember Bill Hawes, Director of Recreation Arnie Mavis, Director of Public Works Sy Knapp, and Recording Secretary Geralyn Barone. Commissioner Propst was absent from this evening's meeting. RECESS The park and recreation commission recessed at 7:32 p.m. and reconvened at 7:40 p.m. INTRODUCTION OF NEW COMMISSIONER Chairman Sorenson welcomed new Park and Recreation Commissioner Sarah Pollock. Those in attendance introduced themselves to Commissioner Pollock, who replaced Commissioner Manson on the commission. APPROVAL OF MINUTES - MAY 17, 1988 There was a motion by Commissioner Burns and seconded by Commissioner Skeels to a prove the minutes of the May 17, 1988, park and recreation commitsion meeting. The motion passed. REPORT ON 1988 ENTERTAINMENT IN THE PARK PROGRAMS The director of recreation reviewed the entertainment in the park programs from the summer of 1988. He noted the budget for 1989's programs has been approved, and if the commissioners have any ideas for programs. for 1989, they should notify Program Supervisor Sue LaCrosse as soon as possible. Chairman Sorenson asked if there was any plan to improve the seating, particularly for those who ride their bicycles to the park, and the director of recreation responded to this inquiry. Commissioner Mead Pointed out that having the fireworks prior to the fourth of July has worked out well. The director of recreation noted there will be the same number of program weeks in 1989 as there were in 1988. He added there will no longer be money available through the Metropolitan Council's grant program. He discussed the use of cable television for advertising. Commissioner Mead asked if the number of people who turn out for these programs is a factor of the weather more than anything, and he asked how it would be possible to advertise the programs to more people. The director of recreation said the weather probably is a factor, especially with the heat from this past summer. He added the recreation department tries to advertise the programming in numerous ways throughout the summer. - 1 - OTHER BUSINESS Chairman Sorenson asked about the status of the Twin Lake area, and the director of recreation said staff met with representatives of Robbinsdale and Crystal to explain what the City of Brooklyn Center is investigating. He said Crystal is very interested in improving the area. He added staff is working with a consultant to develop a plan which may include bicycle trails and other amenities in the area. There was brief discussion on what the plan might include. Chairman Sorenson asked about the status of the senior center /fieldhouse. The director of recreation said staff has been meeting with the architect to discuss recommendations of city staff. Chairman Sorenson asked about the timing of the proposal, and the director of recreation said it may be ready by next spring. Chairman Sorenson asked about the status of Commissioner Propst's request for a four way "stop" intersection at 54th and Russell Avenues North. The recording secretary said the administrative traffic committee reviewed the request and authorized the installation of "stop" signs for vehicles leaving the little league parking lot along Russell and 54th Avenues North. The director of recreation noted there will be more trees planted at Lions Park and the golf course in order to help alleviate the concerns of Commissioner Propst. Commissioner Pollock asked what ..the effects of the drought have been on the golf course. The director of recreation said there were no problems, especially since the golf course was watered quite a bit during the evening hours. Commissioner Mead asked what the replacement policy for trees is, and the director of Public works said the trees must live for one year after they have been planted; if _they do not, the contractor replaces the trees once, and after that the trees are the City's responsibility. Commissioner Mead asked about the trees along Shingle Creek Parkway, and the director of public works said the City has appropriated funds to replace the trees affected by the drought. BICYCLE PATH PLAN The director of public works referred to the paved trailways and Park access plan, noting he had presented the plan to the commission at its April 1988 meeting. He noted based on the park and recreation commission's recommendations to the city council, there is a study in progress on the Twin Lake area and the arboretum. He noted a substantial part of the study would include development of a trail-system around the lakes. He added this report should be ready in approximately one month. The director of public works noted staff would like to incorporate the lakes' Plan with the plan for the rest of the city. The director of Public works distributed copies of a bikeway design manual printed by the State of Minnesota Department of Transportation with the assistance of the Department of Natural Resources. He said as the City becomes more involved in the design of the bikeway system, he recommends use of the standards established in the manual to the extent possible. 2 - Commissioner Skeels asked for an update on the road projects in progress over the summer months. The director of public works proceeded to review these projects, including the I -694 bridge over the Mississippi River, Logan Avenue North between 57th and 59th Avenues North, Lilac Drive, and France Avenue North. Chairman Sorenson asked if there would be any better way to cross Bass Lake Road from the south to the north at Shingle Creek Parkway, because there are no walk signals and no buttons for pedestrians to push to change the traffic signal. The director of public works said there are marked crosswalks and he was under the impression that there were crossing signals, but he will investigate the situation further. The director of public works noted the plan presented to the park and recreation commission is recommended as a concept plan, and as work is done on each segment, the specific details of each area will be further reviewed. Chairman Sorenson asked about the area of Brooklyn Boulevard north of I -694, and the director of public works briefly discussed this. Commissioner Burnes asked about the trailway system near Palmer Lake, specifically whether or not the City has tried to connect with Brooklyn Park's trail. He mentioned there is a possibility of a new trail in Brooklyn Park near Brookdale Park. The director of public works said the City did try to match up with Brooklyn Park's trail system, and he will further investigate this situation. The director of public works noted as part of the I -694 improvement project, the existing Xerxes Avenue bridge will be removed and replaced with a longer, wider bridge which will allow sidewalks and an on- street bike path. The director of recreation asked when work will begin on this project, and the director of public works said it is supposed to start in 1989. The director of recreation pointed out that this will affect traffic on Brooklyn Boulevard and Shingle Creek Parkway. Chairman Sorenson asked if there has been any progress with connecting the City's trailway system to that in Minneapolis, and the director of public works said nothing has been heard from Minneapolis in several years regarding this matter. He added the City had been in contact with the Minneapolis park board and the area Minneapolis city council representative asking them to have the job completed, but there seems to be lack of interest on their part. The director of recreation asked if the wood chip trail south of the fifth tee at the golf course has ever been considered for blacktopping. The director of public works said the city council preferred the wood chip trail because of the difficult soil conditions and the expense of constructing a blacktop path. He added sometime in the future, the council should review this again. 3 - i Chairman Sorenson asked about the schedule for upgrading 69th Avenue North. The director of public works said there is an engineering study in progress on whether or not the road should be changed, and, if so, how it should be changed. He said the results of the study should be presented to the city council within the next three to four months. The most optimistic scenario would be to start construction in 1991 because of the possible need to acquire property in the area. He added Hennepin County has been requested to make changes qu g at the intersection of 69th Avenue North and Brooklyn Boulevard to improve the traffic signal phasing at this intersection. Chairman Sorenson noted that at the northeast corner of this intersection, it is difficult to cross west across Brooklyn Blvd. because the right turn traffic cannot see pedestrians. Commissioner Burnes asked if there has been any discussion on improving the intersection of 69th and France Avenues North, and the director of public works said that intersection is included in the 69th Avenue North study. There was a motion by Commission Burnes and seconded by Commissioner Mead to recommend to the city council the concept of the bicycle path plan. The motion passed. There was a motion by Commissioner Skeels and seconded by Commissioner Burnes to recommend to the city council that the Brooklyn Center city council make a formal request to the Minneapolis park board to complete the missing link of -the trailway system from the Penn Avenue bridge north to 53rd Avenue North in Brooklyn Center. The motion passed. The director of public works said these items will appear on the city council agenda at either the second meeting in October or the first meeting in November. The park and recreation commission will be notified as to when this will be on the agenda for discussion. _ OTHER BUSINESS (CONTINUED) Chairman Sorenson asked about the availability of the golf course clubhouse during the winter months. The director of recreation said nothing has been put in writing at this point, but proposed fees will be for civic groups to pay $7.50 an hour with a two hour minimum and other groups to pay $15.00 an hour. He added that the clubhouse will seat 40 people and no liquor will be allowed. Councilmember Hawes pointed out there are three new lights at the golf course parking lot. COMMISSSION PLAN OF ACTION The recording secretary reviewed the process for working on a commission plan of action, and the commission agreed with the process. It was agreed that the recording secretary will send a survey form to the commissioners along with a year 2000 committee report, the City's priority plan of action for 1988, and sections of the City's comprehensive plan that applies to parks and recreation. Once all surveys are returned, information will be presented at the next commission meeting. Commissioner Burnes asked about the use of Durnam Island in the Mississippi River, and there was brief discussion about this. - 4 - I OTHER BUSINESS (CONTINUED) The director of recreation noted there have been over thirty thousand rounds of golf played this summer, and there have been no major complaints. Chairman Sorenson raised some concerns about management of the golf course, and the director of recreation said he is aware of these concerns. Chairman Sorenson noted the construction and the greens are excellent. There was further discussion on the condition of the course and additional improvements of it. Commissioner Mead said with the drought, the grass in the parks took a beating, and now with the recent rain, the weeds are back. He asked if the City treats the parks with weed killer, and the director of recreation responded affirmatively. Chairman Sorenson asked when actual revenues and expenses will be available for the golf course, as well as a comparison to projections. The director of recreation said the projected revenue for the first season was $73,000, and the actual amount collected to date is $180,000. Councilmember Hawes asked how many more rounds of golf could be played without crowding the course, and the director of recreation said the course could handle over forty thousand rounds in a summer. The recording secretary said when a financial report on the golf course is available, this will be distributed to the park and recreation commissioners. ADJOURNMENT There was a motion by Commissioner Burnes and seconded by Commissioner Pollock to adjourn the meeting. The motion passed. The Brooklyn Center park' and recreation commission adjourned at 9:37 p.m. Chairman.. - 5 - CITY OF BROOKLYN CENTER Council Meeting Date 11 Agenda Item Number /0 t� REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: NUISANCE ORDINANCE AMENDEMENTS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPR�V 1%14 AI g a e //Vitle MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attache ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * ** SUMMARY EXPLANATION: (supplemental sheets attached XJ HISTORY Over the approximate last 12 months the Council has received various proposals to modify and amend our nuisance ordinances and other sections of our ordinance as it relates to maintenance of yards, ® storage of vehicles, etc. In recent weeks the Council has intensely scrutinized the area of vehicle storage and will be receiving a proposed first reading ordinance for their consideration. Attached please find a copy of a listing of other nuisance ordinance proposed amendments and modifications which were previously discussed by the Council and tabled until such time as you completed your review of the vehicle storage section of the ordinance. RECOMMENDATION It is the staff's recommendation that the City Council review the listing of ordinances that is attached and by motion direct staff to prepare or modify the proposed changes and delete them from consideration or direct staff to prepare first readings on proposed ordinance changes. • DRAFT ORDINANCE AMENDMENT TO BE CONSIDERED BY THE CITY COUNCIL ON JUNE 13, 1988 AN ORDINANCE AMENDING CHAPTER CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING CERTAIN ADDITIONAL 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: 12. 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. 13. 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 an authorized driveway or a paved or graveled extension of an authorized parking or driveway area and in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the 40 front -yard area or a yard area abutting a public street unless approved by the City Council as part of a plan approval for an -1- 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 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). d) 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. d 4 N 14. The parking and r storage of a construction vehi a farm vehicle or a /1 115 �OK� 15 C vehicle with the wei classifica ' G through T inclusive, as ra 0,O � specified in Minnesota Statu 168.013, Subd. le, continuously for more �0 tNn two hours on any propertX or public street within a residential zo \ gdistrict. Th ,itions of this subdivision all no apply to the following: a) Any vehic described above being sed y a public utility, moving company, or 'milar company wh' h is actual y being used to service a residence not elonging or occupied b \ickup of the vehicle. b) Any vehicle des ibe above which is actua or delivery at e location where it is parked. y period of time b yond the time re sonably necessary to make such pi kup or — deliv y and in excess of e two hour limit shall be unlawful. Section 19 -105. ABATEMENT OF NUISANCE AND ASSESSMENT OF COST. When any nuisance is found to exist [the health officer of the City shall order the owner or - occupant thereof to remove the same, at the expense of the owner or occupant, within a period not to exceed 10 days, the exact time to be specified in the notice. Upon failure of the owner or occupant to abate the nuisance, the director of planning and inspection shall cause said nuisance to be abated, shall certify the cost thereof to the city clerk, and the city clerk shall certify said costs to the county auditor to be extended on the tax roll of the county against the real estate from which the nuisance has been abated, all in accordance with Minnesota Statutes, Sections 145.22, 145.23, 412.221.1 the officer charged by the city manager with enforcement of this section, shall proceed to order the abatement of the nuisance and to arrange for the collection and assessment of the costs thereof in accordance with the procedures specified in Section 7 -105. -3- Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988, Mayor ATTEST: - - Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). -4- j v DRAFT ORDINANCE AMENDMENT TO BE CONSIDERED BY THE CITY COUNCIL ON JUNE 13, 1988 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OUTSIDE STORAGE AND THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35 -411. SPECIAL REQUIREMENTS IN THE C1 AND C1A DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building. Semi- trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. Section 35 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting property at ground level. Semi- trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. [except that the] The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive -in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35 -800 of this ordinance. -1- Section 35 -413. SPECIAL REQUIREMENTS IN I -1 AND I -2 DISTRICTS. 9. Outdoor Storage and Activity In the industrial park district (I -1) all production, storage, servicing, or merchandising, except off - street parking and off - street loading shall be conducted within completely enclosed buildings. Semi - trailers may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City Council. dt o rb o � Section 35 - 700. FF STREET PARKING REQUIREMENTS. Off street p ing and loading LO 1 1Y space shall be provide ' n all districts in accordance wit he requirements of this A ordinance. There shall ben off - street parking, orage of vehicles nor perimeter parking lot driveway within 15 fee of any st et right -of -way and this 15 foot strip shall be planted and maintained as green strip. In the case of C1 and C1A districts, there shall be no of street par . g nor perimeter parking lot driveway within 35 feet of any ma j thoroughfare right -of- y and this 35 foot strip shall be -2- r f a planted and mai ained as a green strip. [Off -str t`- parking in any residence district may include n more than one cq ercial vehicle of 25 feet or less in length per dwelling unit if used he occupant of the premises for transportation to and from his job. It all be parked of street on a space adequate for its storage as set rth in this section.] Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). -3- DRAFT ORDINANCE AMENDMENT TO BE CONSIDERED BY THE CITY COUNCIL ON JUNE 13, 1988 AN AMENDMENT TO CHAPTER SEVEN OF THE CITY ORDINANCES RELATING TO THE ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF ABATEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION I. Chapter Seven, Section 7 -105 is hereby amended to read as follows: Section 7 -105 NUISANCE ABATEMENT. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and may be abated by order of the [City Health Officer, as provided by Minnesota Statutes, Sections 145.22 and 145.23, and the cost of abatement may be assessed on the property where the nuisance was found, as provided in said section.] officer charged by the City Manager with enforcement of this Section and the costs of abatement may be assessed against the property on which the nuisance was found as follows: A. In all cases to which Minnesota Statutes, Sections 145.22 and 145.23 apply, the City shall proceed under those Sections B. In all other cases, the officer charged with enforcement shall notify the owner of the property on which the nuisance is found in writing specifying the nature of the nuisance and ordering that the nuisance be abated. Notice shall be served in person or by mail If the owner is unknown or cannot be located, notice may be served by posting it on the property. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding ten (10) days, within which the nuisance shall be abated If the owner does not comply with the notice and order of the enforcemext officer within the time specified therein, the City Council may, after notice to the owner and the occupant of the property, if different from the owner, and an opportunity to be heard, order that the nuisance be abated by the City. The notice of hearing shall be served in the same manner as the notice and order of the enforcement officer and shall be given at least ten (10) days before the date specified for hearing of the matter by the City Council If notice is given by Posting, at least thirty (30) days shall elapse between the date of posting and the hearing In emergency circumstances where there is an immediate threat to the public health or safety or an immediate threat of serious property damage, the enforcing officer may provide for abating the nuisance without action of the City Council. In such a case, the enforcing officer shall reason— ably attempt to notify the owner and occupant of the intended action and the right to appeal the determination that a nuisance exists and the order to abate the nuisance at the next regularly scheduled City Council meetin In a e —_ g c se of abatement of nuisances by the City, upon determination of the cost of abatement, includin administra— g tive an ____ d other related expenses, the City Clerk shall prepare and mail a bill therefor to the property owner, for the amount so determined which shall immediately be due and payable In the event such bill is not paid by the September 1st next following the abatement of the nuisance, the costs of abatement shall be levied against the property pursuant to Minnesota Statutes, Chapter 429 SECTION II. This ordinance shall be come effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987. Dean Nyquist, Mayor ATTEST: r Darlene Weeks, Clerk Date of Publication -- Effective Date (Underlining indicates new matter; brackets indicate matter to be deleted.) 00070DO1.E19 2 n MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Insp ion, DATE: June 9, 1988 SUBJECT: Proposed Nuisance Ordinance Amendments In April you provided the City Council with copies of a first draft of various nuisance ordinance amendments which they had requested. Members of the Council were given the opportunity to make comments, and did, regarding these draft ordinance amendments. Also, within the past two weeks, members of the City staff met to review and discuss these various draft proposals. Changes to the original first drafts were suggested by the staff and City Council and have been made to the drafts that will be presented to the City Council on June 13, 1988 for discussion purposes. These drafts amend Chapter 19 (Nuisance Ordinance), Chapter 35 (Zoning Ordinance), and Chapter 7 (General Sanitation). The proposed Sections 19 -103, Subdivision 12, 13 and 14 address the following: 1. The proposed Subdivision 12 is an ordinance prohibiting vehicle and material storage on unoccupied property. The original draft limited this restriction only to unoccupied residential property, but the revised draft prohibits vehicle and material storage on all property including commercial and industrial property except as may be permitted by the Zoning or Sign Ordinances. 2. The proposed Subdivision 13 relates to the storage of various items and the parking and storage of various vehicles in occupied residential zoning districts. This proposal is very similar to the original first draft, however, changes have been made. For instance, Subdivision (a) has been been rewritten to make it clear that vehicles, including trailers and watercraft, can only be parked in front yard areas or yard areas abutting a public street if they are on paved or graveled extensions of an authorized parking or driveway area. These vehicles must be in compliance with Sections 19 -1301 through 1305 of the City Ordinances which relate to the operating, parking, storing and maintaining of vehicles (formerly called the Junk Car Ordinance). Also, this subdivision allows only 50% of the front yard area, or a yard area abutting a public street, to be paved or graveled. An exception to this would be an apartment complex which has a parking lot in a front yard which is part of a site and building plan approved by the City Council. With respect to Subdivision (b), vehicles have been eliminated from the original draft meaning that vehicles could be parked in other yards without being screened by means of at least a six foot high opaque fence or wall. Subdivision (c) would remain the same as the original draft and a new Subdivision (d) would be added which would allow for exceptions such as allowable accessory structures, flagpoles, air conditioner condensers, properly stacked firewood, etc. i R s Memo Page 2 16 June 9, 1988 _ 3. The proposed Subdivision 14 attempts to address the question of / �( � parking trucks within residentially zoned areas. No major �Q�a J SAD changes to the first draft are being proposed at this time. This section of the proposed ordinance would declare as a nuisance and prohibit the parking of any vehicle with a weight classification 6 1P � G through T inclusive (see attached excerpt from State Statutes) as well as any construction vehicle or farm vehicle. This would mean any commercial vehicle in excess of 12,000 lbs. gross weight �0 D�a� could not be parked or stored in residentially zoned areas of the City. This would have the impact of prohibiting dump trucks, ( tractor - trailer trucks, most towing vehicles and trucks other � than relatively small trucks from being kept in residential districts. Currently, the Zoning Ordinance allows one commercial vehicle up to 25 feet in length to be kept on residentially zoned property provided it is used as transportation to and from work. This provision of the Zoning Ordinance would be eliminated. The new ordinance prohibition does not apply to vehicles that are classified as recreation vehicles and may well have a significant impact on various activities currently being conducted within the City. The other proposed ordinance amendments are basically the same as what was provided the City Council in April of this year. There are provisions amending the Zoning Ordinance whichwould prohibit the use of semi - trailers for storage of materials and equipment in commercial and industrial zones as well. Also, there are amendments to Chapter 7 and Section 19-105 which were prepared and recommended by Charlie LeFevere last fall that relate to potential challenges to special assessment levies for nuisance abatements. The City Attorney feels strongly that these are the proper way to handle nuisance abatement. It should be noted that the proposed amendments add some additional time from that which would be recommended by the Sanitarian. We will be prepared to discuss these draft ordinance amendments with the City Council at their meeting on Monday, June 13, 1988. It should be noted that these proposals may cause much discussion within the community regarding their impact on existing situations. Again, I do not recommend any system of grandfathering existing situations because this will make for many enforcement difficulties. 1 X11 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: November 4, 1988 SUBJECT: On -Sale Wine and Nonintoxicating Malt Liquor License for Yen Ching Restaurant The Yen Ching Restaurant located in Brooklyn Center was sold and is under new ownership. We have completed a background investigation of the new owners for the On -Sale Wine and Beer licenses. Attached is a copy of the resume done by Investigator Hennessy of the new owners. I recommend issuance of these licenses to the Yen Ching Restaurant. If you have any questions, please contact me. r. MEMORANDUM TO: Chief James Lindsay FROM: Investigator Cathy Hennessy DATE: October 24, 1988 RE: Case No. 88- 18046, Yen Ching Liquor License Investigation Hennessy has looked into the background of both of the partners involved in the Yen Ching Restaurant and has found nothing of note which would prohibit either individual from obtaining an on- sale wine or non - intoxicating malt liquor license. The partners involved are On Toeung and his nephew Haut Thouk, both of whom are from Cambodia and have been in the United States approximately eight years. Toeung is a United States citizen; Thouk, a resident alien which was confirmed from the immigration service who indicated that he became a lawful, permanent resident of the United Sates on 11- 09 -81. There are no outstanding wants, warrants, or any type of contacts with either individual through the Hennepin County Sheriff's Office or Minneapolis, Richfield, and Eden Prairie Police Departments. Both of their driving records are not remarkable: Thouk has several speeding violations while Toeung has a restriction on his license for a B card which indicates that he could not exceed 50 MPH while driving. Neither individual has any type of alcohol- related offenses whatsoever. Toeung is married and currently lives with his wife at 7139- 12th Avenue South in Richfield in a private residence which they are purchasing. Toeung worked for five years at the MTC Plastic Printers Company at 4908 West 35th Street in St. Louis Park (926- 1315) and recently quit in September to take over managing the Yen Ching Restaurant. His wife is currently employed at the Golden Valley Microwave Foods Company located at 6866 Washington Avenue in Eden Prairie (941 -5800) and has been there for approximately three years. Thouk has resided with the Benson family located at 6348 St. John Drive in Eden Prairie for approximately seven years. Hennessy has spoken with the Benson's who indicated that Thouk was initially a student of Mrs. Benson's who teaches at Edison High School. The Benson's invited Thouk to spend a weekend with them at their residence in Eden Prairie shortly after Thouk moved to the United States and subsequent to that Thouk moved in with the Benson's and has resided with them since that time. d 2 _ The Benson's indicated that Thouk is an extremely conscientious and industrious worker, very rarely drinks, and has never been in trouble with the law. The Benson's also indicated that Thouk has also learned the plumbing trade and at the current time is also holding a full -time job with the Hopkins Plumbing Company located at 38th Avenue North in Hopkins. He is also partners with his brother Thy Thouk in a second restaurant which is called Chimn Fua Restaurant located at 2219 Central Avenue Northeast in Minneapolis. The brothers are renting the space at that location and have been in business for approximately three years. Thy Thouk runs the business actively with Hout Thouk's being a silent partner which is that status that he will retain with Toeung as well. Toeung and Thouk are using their own personal savings, which is approximately $15,000, to make the initial investment in the Yen Ching Restaurant; and they will not be borrowing any money from the bank. There has been nothing which has been revealed in the background investigation of Thouk and Toueng which would disqualify them in any way in terms of receiving this on -sale wine and non - intoxicating malt liquor license from the City of Brooklyn Center. They have no outside resources which could be considered suspect in terms of the financing of this endeavor and the two individuals are willing to abide by the rules and regulations outlined by the City of Brooklyn Center to the best of their understanding. f Licenses to be approved by the City Council on November 7, 1988: CHRISTMAS TREE SALES Builders Square 3600 63rd Ave. N. Midwest Challenge, Inc. 5524 Brooklyn Blvd. N. P.Q.T. Company 5040 Brooklyn Blvd. N. %? L P.Q.T. Company 5801 Xerxes Ave. N. Director of Planning /J - ITINERANT FOOD ESTABLISHMENT Earle Brown PTA /Judy Sodeman 5900 Humboldt Ave. N. Rosary Alter Society 7025 Halifax Ave. N. �'- Sanitarian GENERAL APPROVAL: J D. K. Weeks, City Clerk