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HomeMy WebLinkAbout1986 12-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 22, 1986 7.00 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. Approval of Minutes - December 8, 1986 - Regular Session 7. Performance Bond Releases: *a. Freeway Boulevard and Shingle Creek Parkway *b. R.C.M. Plaza, 6701 Parkway Circle 8. Performance Bond Reduction: . *a. Parkway Place, 6601 Shingle Creek Parkway 9. Resolutions: a. Setting Wages and Salaries for Calendar Year 1987 *b. Amending the 1986 General Fund Budget -This is an annual year end budget amendment that provides supplemental budget appropriation for several departments that will otherwise exceed their budgets. *c. Transferring Funds from the Federal Revenue Sharing Fund to the General Fund -It is City policy to purchase capital outlay through the General Fund and then annually be reimbursed for these purchases by the Federal Revenue Sharing Fund. This resolution will accomplish that purpose. d. Authorizing Purchase of OPTECH III -P Optical Scan Voting System and Supporting Equipment e. Approving Expenditure of Data Processing Appropriation in the 1986 General Fund Budget for a LOGIS Fire Department System CITY COUNCIL AGENDA -2- December 22, 1986 *f. Approving Specifications and Authorizing Advertisement for Bids for Delivery of Two (2) 28,000 GVW Cab and Chassis (Dump Trucks) -The purchase of these two vehicles was approved in the 1987 budget. 10. .Public Hearing: (7:30 p.m.) a. Single family mortgage revenue bonds 11. Planning Commission Items: (7:35 p.m.) a. Planning Commission Application No. 86042 submitted by Lombard Properties requesting a variance from the sign ordinance to allow a permanent project identification sign for the eight - parcel Shingle Creek business center at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. This item was recommended for approval by the Planning Commission at its December 11, 1986 meeting. b. Planning Commission Application No. 86043 submitted by Lombard Properties requesting a variance from the sign ordinance to allow two off -site directional signs at the intersections of Shingle Creek Parkway and Parkway Circle. This item was recommended fora approval al by the Planning Commission at its December 11, 1986 meeting. C. Planning Commission Application No. 86044 submitted by Ed Trombley requesting preliminary plat approval to resubdivide into two buildable lots the land at the southeast corner of 61st and Colfax Avenue North. This item was recommended for approval by the Planning Commission at its December 11, 1986 meeting. 12. Consideration of Specified License: c. On -Sale Club License -Duoos Brothers American Legion (132 members - $300 per year) 13. Discussion Items: a. Bond Issue Refunding b. Approval of Contract for 1986 Financial Audit c. Review of Special Use Permit Conditions d. Request to Table Further Consideration of the Adoption of a Transition Method of City Council Terms until January 26, 1987 meeting e. Solid Waste Recycling Center *14. Licenses 15. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 8, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Fire Chief Ron Boman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Tom Brock of Hope Lutheran Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested item 7a be removed and the City Manager requested that items 7b and 7c also be removed from the Consent Agenda. APPROVAL OF MINUTES - NOVEMBER 17 1986 - SPECIAL SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the joint meeting with Independent School District #286 of November 17, 1986 as submitted. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 24 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of November 24, 1986 as submitted. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -194 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY 1, 1987 • 12 -8 -86 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -195 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRIVATE SALE OF ONE PARCEL OF LAND ON CLASSIFICATION LIST 688NC The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: CHRISTMAS TREE SALES LOT LICENSE Builders Square 3600 63rd Avenue N. CIGARETTE LICENSE A & J Enterprises 6843 Washington Avenue S. Best Company 5925 Earle Brown Drive Bob Ryan Olds 6700 Brooklyn Boulevard Schmitt Music 2400 Freeway Boulevard Advance Carter Company 850 Decatur Avenue N. Brooklyn Center Liquor #1 1500 69th Avenue N. Brooklyn Center Liquor #2 6250 Brooklyn Boulevard Brooklyn Center Liquor #3 5711 Morgan Avenue North Denny's Restaurant 3901 Lakebreeze Avenue N. Red Lobster 7235 Brooklyn Boulevard Bill's Vending Service 7317 West Broadway Brooklyn Center Getty 6245 Brooklyn Boulevard Brookdale Mobil 5710 Xerxes Avenue N. B. C. American Legion Post 630 4307 70th Avenue N. Country Club Market 5715 Morgan Avenue N. Country Store 3600 63rd Avenue N. Denne's Market 6912 Brooklyn Boulevard Iten Chevrolet 6701 Brooklyn Boulevard GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Avenue N. Brookdale Car Wash 5500 Brooklyn Boulevard Northwestern Bell 6540 Shingle Creek Pkwy. LODGING ESTABLISHMENT LICENSE Riverside Motel 5608 Lyndale Avenue N. Thrifty -Scot Motel 6445 James Circle MECHANICAL SYSTEMS LICENSE Acme Sheet Metal 2315 Hampden Avenue POOL AND BILLIARDS TABLE LICENSE 12 -8 -86 _2_ . Advance Carter Company 840 Decatur Avenue N. Brooklyn Center Community Cntr. 6301 Shingle Creek Pkwy. SIGN HANGERS LICENSE Schad -Tracy Signs, Inc. 325 Minnesota Avenue N. TAXICAB LICENSE Blue & White Cab Company 2404 Sheridan Avenue N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Supplemental Agreement No. 2 to Contract 1986 -C for Replacement of Storm Sewer through the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase III). He noted that this supplementary agreement provides for compliance with MN /DOT permit requirements. Councilmember Hawes stated that he had taken this item off the consent agenda, because he believed there was a discrepancy concerning the total cost to MN /DOT. The Director of Public Works stated that he would have to review the resolution and would like the item laid over until later in the evening. The City Manager presented a Resolution Commencing Proceedings for the Acquisition of Right -of -Way for the Establishment of Grimes Avenue North between Lakebreeze Avenue and the South Line of the North One Half (N 1/2) of Section 10, T118, R21 (Improvement Project No. 1986 -05), Receiving Report and Calling for a Hearing Thereon. He stated this resolution initiates the acquisition of right -of -way for the development of an access road to the Joslyn Corporation property. He added that this item had been discussed at previous Council meetings. Councilmember Scott inquired where the additional 1 $700 had been added between Friday's resolution and the current copy. The Director of Public Works stated that additional legal costs had been added which had not originally been figured in the cost. Councilmember Theis inquired if adjoining property owners would be benefiting from this improvement. The Director of Public Works stated that it would be difficult to prove a benefit to the adjoining property owners, since they already have access onto Lakebreeze Avenue. The City Manager noted that the only purpose for the roadway is to benefit Joslyn. Councilmember Theis expressed his concern for assessing only the one property owner which seems to go against the City's assessment policy. The Director of Public Works stated that this is a unique case, and that it would be difficult to prove a benefit to adjoining property owners. Therefore, the City cannot assess the adjoining property owners. Councilmember Hawes inquired if this roadway would have any affect on the lift station. The City Manager stated that some adjustments would have to be made. Councilmember Hawes inquired at whose expense these adjustments would be made. The Director of Public Works stated that would have to be decided at a future date. Councilmember Hawes stated that he does not want to see the City pay for any part of this project. RESOLUTION NO. 86 -196 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION COMMENCING PROCEEDINGS FOR THE ACQUISITION OF RIGHT -OF -WAY FOR THE ESTABLISHMENT OF GRIMES AVENUE NORTH BETWEEN LAKEBREEZE AVENUE AND THE SOUTH 12 -8 -86 _3_ t LINE OF THE NORTH ONE HALF (N 1/2) OF SECTION 10, T118, R21 (IMPROVEMENT PROJECT NO. 1986 -05), RECEIVING REPORT AND CALLING FOR A HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed with Councilmember Hawes voting against the motion. The City Manager presented a Resolution providing for a public hearing on Proposed Assessment of Improvement Project No. 1986 -05, Acquisition of Right -of- Way for the Establishment of Grimes Avenue North between Lakebreeze Avenue and the South Line of the North One Half (N 1/2) of Section 10, T118, R21. He noted this item would provide for a public hearing for the improvement discussed in the previous resolution. RESOLUTION NO. 86 -197 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR A HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT PROJECT NO. 1986 -05, ACQUISITION OF RIGHT -OF -WAY FOR THE ESTABLISHMENT OF GRIMES AVENUE NORTH BETWEEN LAKEBREEZE AVENUE AND THE SOUTH LINE OF THE NORTH ONE HALF (n 1/2) OF SECTION 10, T118, R21 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Donald M. Berg. RESOLUTION NO. 86 -198 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DONALD M. BERG The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Providing for Transition between Current Terms of Mayor and Councilmembers and Those Adopted under Charter Amendment. The City Manager stated that a change had been made late this afternoon and he would like the City Attorney to address this change. The City Attorney stated that some questions had arisen regarding who should make the decision for the election schedule. He stated that after reviewing the three alternatives which had been prepared for the transition, the third alternative which the Council approved, is really the only alternative that would work under the rules and regulations set forth for this change. He noted that this is a technical matter to have the Charter Commission prepare an amendment. Councilmember Lhotka inquired if the Charter Commission is aware of this change. The City Manager stated that the Charter Commission was not aware of this change and that he did not realize there was a problem until today. He added that he recommends deferring this resolution for further staff review. 12 -8 -86 -4- The City Attorney stated it was assumed that the City Council would pass a resolution and implement the new schedule. After discussions with Dave Kennedy he found that the transition question should be decided by the Charter Commission. The City Manager stated that basically what needs to happen is the Council will have to approve this resolution requesting the Charter Commission to prepare an appropriate Charter amendment. After the Charter Commission prepares an amendment then the issue would come back to the Council, The City Attorney noted that generally with this type of issue, a Charter Commission can steal with the transition in two ways. They can choose to deal with the transition along with the amendment or wait to handle the transition schedule until after the amendment has passed. In this case, the City's Charter Commission chose to wait until after the amendment had been adopted before a transition schedule was approved. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table the resolution until the meeting of December 22, 1986. Councilmember Scott stated that before the next Council meeting she would like to see a copy of the State statute regarding even year election transition periods. The City Attorney stated there is no actual written statute or rule which would define the transition procedure, but only interpretations that have been made by the Legislature and legal counsel. Councilmember Lhotka inquired if the Council were to pass the resolution, could the Council then direct the Charter Commission to make the appropriate change. Mayor Nyquist stated that the Council cannot direct the Charter Commission, but only request s t tti`em y q to make the appropriate pp priate change. Upon vote being taken on the foregoing motion, the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for One (1) Fire Engine /Pumper. He noted that it would take approximately 90 to 180 days for the delivery of this fire truck. Councilmember Lhotka inquired what the budgeted amount had been for the fire truck. The City Manager stated that the Council had approved $145,000 for the purchase of this vehicle less a $5,000 trade -in. RESOLUTION NO. 86 -199 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) FIRE ENGINE /PUMPER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEM RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO BLACKTOP THE TRAILWAY ON THE EAST SIDE OF PALMER LAKE CONNECTING WITH BROOKLYN PARK'S TRAIL The City Manager noted that the Director of Public Works has a map which he would like to review for the Council to show where the proposed connection would take place. He added that basically all that is needed this evening is for the 12 -8 -86 -5- Council to authorize the staff to prepare a preliminary report on the cost . estimates for this project. He added that he would instruct the staff to hold neighborhood meetings in this area before the project took place. The Director of Public Works proceeded to review the map of the existing trailways in and around Palmer Lake. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to concur with the recommendation from the Park and Recreation Commission, and to authorize staff to prepare a preliminary report. The motion passed unanimously. Y RESOLUTION The City Manager noted that the Director of Public Works has reviewed the Resolution Approving Supplemental Agreement No. 2 to Contract 1986 -C for Replacement of Storm Sewer through the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase III). The Director of Public Works noted that in the resolution the cost for design engineering is not eligible for MN /DOT participation and that it could not be figured into the 71 %. RESOLUTION NO. 86 -200 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO CONTRACT 1986 -C FOR REPLACEMENT OF STORM SEWER THROUGH THE CENTERBROOK GOLF COURSE (IMPROVEMENT PROJECT NO. 1985 -23, PHASE III) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager stated that the City has been asked to sign a nondisclosure type document for LOGIS regarding the Ultimap system. He noted that this document would simply state that the City would not be allowed to give away the design or program for the Ultimap system. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to authorize the City Manager to sign a nondisclosure type document for the LOGIS Ultimap system. The City Manager noted that today marks the 20th anniversary of the City becoming an actual city and no longer a village. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:54 p.m. City Clerk Mayor 12 -8 -86 -6- '7� 8 MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner DATE: December 17, 1986 SUBJECT: Performance Guarantees The following performance guarantees are recommended for release or reduction, as specified. 1. Shingle Creek Business Center site (grading of hill) Freeway Boulevard and Shingle Creek Parkway Planning Commission Application No. 83045 (separate guarantee for Ramada development) Amount of Guarantee - $50,000 bond Obligor - Shingle Creek Land Company The regrading of the large mound of fill material at Freeway Boulevard and Shingle Creek Parkway has been completed. Viable turf has not been established, however. Nevertheless, a separate guarantee of $19,000 has been submitted to the Engineering Department for this and other work associated with an earlier subdivision of the property. Since that guarantee is of a more appropriate amount, I would recommend that the above guarantee be released. 2. RCM Plaza 6701 Parkway Circle Planning Commission Application No. 84033 Amount of Guarantee - $65,000 bond Obligor - Shingle Creek Plaza II Partners Site improvements for this project are very nearly complete. Some parking stalls must still be striped and the area west of the building must be landscaped according to plan. In addition, the owner of the property must execute an agreement for the installation of proof -of- parking stalls upon a determination by the City that such stalls are necessary for the proper functioning of the site. I recommend total release of this guarantee upon submission by the obligor of the proof -of- parking agreement and a letter acknowledging that release of the bond for Parkway Place will be subject to completion of remaining striping and landscaping. 3• Parkway Place 6601 Shingle Creek Parkway Planning Commission Application No. 84009 Amount of Guarantee - $85,000 bond Obligor - Shingle Creek Land Company Site improvements for this property are complete. However, the conditions of approval require submission of an as -built utility survey and completion of a flowage way emptying into Shingle Creek which was required by a previous subdivision of the property. The as -built survey is being completed. Recommend reduction of the bond from $85,000 to $40,000. Approve b��L.4. Director of Planning and Inspection M & C NO. 86 -20 December 18, 1986 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: 1987 Salaries To the Honorable Mayor and City Council: Attached please find a copy of the proposed 1987 salary resolution which adopts the Pay Plan for the City of Brooklyn Center. The proposed salary resolution calls for a general increase of 3.5 %. Because of the comparable worth law a number of communities are implementing the comparable worth law separately from their general salary considerations, some are doing it at the same time and still others are deferring actions on salaries into 1987. It is m recommendation Y that the general salary increases be handled separately from comparable worth. Because there is such a mixed bag of salary considerations among suburban communities this year, there is confusion as to the amount of the general increase. The recommended 3.5% may be on the low side of what suburban communities are going to do for 1987. The general increase based on information we will have in late February could appear to have the general salaries among suburban communities increased more toward 4% than 3 -1/2 %. However, at this time that's speculation, and it is my recommendation that if other communities increase their salaries generally at 4 %, that we make an adjustment sometime early in 1987 to match that increase. We are recommending no change at this time in the health insurance benefits as we have received no information as to what the increase in costs are for 1987. We will be recommending any changes in this particular aspect of our Pay Plan when we have cost figures available to us, probably in late February or March. Those local units of governments who have received cost figures on health insurance (very few in number) are making adjustments ranging from no adjustment at all because there has been no cost increases to $5 per month. Attached please find a table which lists the increases in the Consumer Price Index and the general salary increases for the City of Brooklyn Center since 1978. As you can see during this 10 year period the CPI has on average been about a half a per cent higher annually than the general salary increases. There have been times during that period of time where the salary 16 increases were lower than the rate of inflation and at times higher. It has been the consistent general policy of Brooklyn M & C NO. 86 -20 -2- December 18, 1986 Center to look at the employment market where we hire our personnel and keep pace with the salaries paid people doing similar work in the metropolitan area. We believe that our salaries when compared to that market are consistently with the market analysis as shown in the D. C. A. Stanton Survey of Twin City metropolitan area communities. As a part of the responsibilities and mandates of the pay equity act passed by the State Legislature, comparable worth analysis is going to be an integral part of setting salaries in the future along with the market analysis approach This will dramatically change the way we approach salaries in future years. The total effect of that will not be known for sometime. We still have not received the award from the arbitrator for police salaries for 1986 (the arbitration hearing was held in mid summer). These unusual delays in the receipt of that award lead us to believe the arbitrator may be considering as a part of his award 1987 salaries also. The Local 49 Public Works bargaining is ongoing at this time and it is too early to tell exactly where that bargaining process will lead us. Our rocess this year e p Y is complicated by the pay equity act and bargaining is difficult, but we are still hopeful of reaching an agreement. Should any of the Councilmembers have any questions regarding this matter, please do not hesitate to contact me. Respectfully submitted, Gerald G. Sp nter City Manager CONSUMER PRICE INDEX AND GENERAL SALARY INCREASES BY YEAR (nonorganized employees) Mpls. /St. Paul General Salary CPI Increase 1978 10.7% 6.8% 1979 12.4% 7.0% 1980 11.2% 8.0% 1981 11.4% 10.0% 1982 9.8% 9.0% 1983 2.6% 6.0% 1984 5.5% 5.0% 1985 1.0% 5.0% 1986 1.2% 4.0% 1987 4.0% 3.5% proposed TOTAL 69.8% 64.3% Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1987 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council has considered salaries and wages for the calendar year 1987 and has reviewed the 1987 Employee Position and Classification Plan; and WHEREAS, the 1987 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1987 Employee Position and Classification Plan provides for pay increases awarded for improvements in job performance; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1987 by adoption of the attached Position and Classification Plan (Scheduyes,A .through K) for the calendar year 1987 which sets ranges and maximums which --e Citq Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1987 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1987; and BE IT FURTHER RESOLVED that the City Council, in recognition that labor contract provisions are not as yet settled with the bargaining units represented by L.E.L.S. Local No. 82 and International Union of Operating Engineers No. 49, extends existing wage and salary rates for related job classifications in the Police and Public Works Departments respectively. 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. (FFWASPM) MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Paul W. Holmlund, Director of Finance DATE: December 10, 1986 SUBJECT: WAGES AND SALARIES FOR THE CALENDAR YEAR 1987 --------------------------------------------- I have attached the proposed City of Brooklyn Center 1987 Employee Position and Classification Plan which I have prepared in accordance with your instructions. The Plan reflects an approximate 3.5% annual increase to all non- organized City employees, effective January 1, 1987. I have also attached a resolution (inside Plan cover) which, if adopted by the City Council, will implement the Plan. Changes to specific schedules within the Plan since last amended on December 31, 1985, were made as follows: SCHEDULE A, POSITIONS AUTHORIZED 1. Police Department: a. Two "Police Officer" positions added per 1987 Budget. 2. Municipal Golf Course: a. Created a new position of "Golf Course Manager ". 3. Fire Department: - " Officer". a. Created a new part-time position of Fire Education Officer p 4. Total permanent full -time positions authorized increased from 123 to 126 as per the 1987 Budget as adopted. SCHEDULE B, EXECUTIVE PLAN 1. The mid point of Performance Range II was increased by 3.5%. 2. The "Director of Recreation" position steps were first increased by 2.5% prior to applying the 3.5% increase. SCHEDULE B -1, EXECUTIVE PLAN CONVERSION TABLE 1. This table was added to convert annual rates to monthly and hourly equivalents and is for informational purposes only. SCHEDULE B-2, EXECUTIVE MAXIMUM SALARIES 1. These positions were increased by 3.5 %. SCHEDULE C, SUPERVISORY - PROFESSIONAL PLAN 1. Approximate 3.5% increase. 2. Fire Education Officer (Part -time) position added to schedule. 3. Golf Course Mannager position added to schedule. SCHEDULE C-1, MONTHLY WAGE SCHEDULE 1. Step S1A was increased by 3.5 %. (Subsequent steps increase automatically.) SCHEDULE C -2, MONTHLY RATE CONVERSION SCHEDULE 1. This table was added to convert monthly salary schedule to annual and hourly equivalents and is for informational purposes only. SCHEDULE D, TECHNICAL - CLERICAL PLAN 1. Approximate 3.5% increase. SCHEDULE D-1, HOURLY WAGE SCHEDULE 1. Step T1A was increased by 3.5 %. (Subsequent steps increase automatically.) SCHEDULE D-2, HOURLY RATE CONVERSION TABLE 1. This table was added to convert hourly wage schedule to annual and monthly equivalents and is for informational purposes only. SCHEDULE E, POLICE OFFICERS PLAN 1. Union contract not settled for 1987 or 1986. Salaries are extended at 1985 rates. SCHEDULE F, POLICE CLERK /DISPATCHER PLAN 1. Step A was increased by 3.5%. SCHEDULE G, LOCAL NO. 49 PLAN 1. Union contract not settled for 1987. Salaries are shown at 1986 rates. SCHEDULE H, LIQUOR STORES PART -TIME EMPLOYEES PLAN 1. Hourly rate steps not changed and remain at 1986 level in accordance with the recommendation of the Liquor Stores' Manager. SCHEDULE I, EMPLOYEE INSURANCE BENEFITS 1. The City's monthly contribution for insurance coverage for non - organized employees remained at the 1986 level until 1987 group health insurance premium rates are determined. That monthly contribution is $165. 2. The monthly contribution for Local No. 49 remains at $165 pending contract settlement. 3. The monthly contribution for Police Local No. 82 remains at $155 pending contract settlement. SCHEDULE J, CITY MANAGER'S COMPENSATION AGREEMENT 1. The City Manager's annual salary increased by $2,240 (3.50 %), from $64,0000 to $66,240. SCHEDULE K, PERSONNEL EXPENSE REIMBURSEMENT POLICY 1. The actual cost of the meal associated with attendance at training sessions when meals are an integral part of the program or when there are training sessions before and after the meal, or, for attendance at regular meetings of professional or related associations has increased from a not to exceed amount of $9 to $10. Respectfully submitted, Paul W. Holmlund • 1987 PAY PLAN CITY OF BROOKLYN CENTER DEPARTMENT OF FINANCE DDLBL (AAPC7CP) CITY OF BROOKLYN CENTER, MINNESOTA 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN U (�!)' L r3 (i aLxsau�,t'+'' Adopted: 19 ___ _ Resolution No. 86 Amended:, 19^ (AAPC7RSW) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1987 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council has considered salaries and wages for the calendar year 1987 and has reviewed the 198^ Employee Position and Classification Plan; and WHEREAS, the 1987 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1987 Employee Position and Classification Plan provides for pay increases awarded for improvements in job performance; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1987 by adoption of the attached Position and Classification Plan (Schedules A through K) for the calendar year 1987 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part. -time and temporary full. -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1987 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1987; and BE IT FURTHER RESOLVED that the City Council, in recognition that labor contract provisions are not as yet settled with the bargaining units represented by L.E.L.S. Local No. 82 and International Union of Operating Engineers No. 49, extends existing wage and salary rates for related job classifications in the Police and Public Works Departments respectively. Date Mayor u ATTEST: D Clerk "- ` QiYL'AYJ Yi6ii.o> *The motion for the adoption of the foregoing resolution was duly seconded b g g Y Y member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. (AAPC7TC) CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN TABLE OF CONTENTS -AA------------- Contents Schedule Page Positions Authorized A 1•-2 Executive Pay Plan B 3 Executive Pay Plan Conversion Schedule B-1 4 Executive Positions Salary Maximums Bw2 5 Supervisory - Professional Pay Plan C 6 Supervisory. - Professional Monthly Salary Schedule C-1 7 Supervisory - Professional Conversion Schedule Ca2 8 TechnicalwC1 erical Pa Plan Y D 9 Technical-Clerical Hourly Wage Schedule D-1 10 Technical.- Clerical Conversion Schedule Dw2 11 Police Officers Pay Plan E 12 Police Clerk Dispatcher Pay Plan F 13 Local No. 49 Pay Plan G 14 Liquor Stores Part -Time Employee Pay Plan H 15 Employee Insurance Benefits I 16 City Manager Compensation Agreement J 17-18 Personnel Expense Reimbursement Policy K 1920 3 r (AAPC7A) CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEEDULE A PERMANENT FULL -TIME AND SALARIED PART -TIME POSITIONS AUTHORIZED POSITIONS AUTHORIZED ------------ - -- -------------- ---+►---------------------------------------- POSITIONS EXEVTT ORGANI - IO AUTHOR- ORGAN- FROM SALARY UNIT POSITION IZED IZED OVERTIME SCHEDULE -- -- -------------------------- ---------- ------- - - ----- - -- - - -- - - - - - -- CITY MANAGER'S OFFICE: City Manager 1 No Yes -Exc B Personnel Coordinator 1 No Yes -Adm C H.R.A. Coordinator 1 No Yes -Adm C City Clerk 1 No Yes -Adm C Administrative Aid 1 No Yes -Adm C Clerk IV 1 No No D Clerk III 1 No No D Clerk II 1 No No D -------------------------- ---------- ------------ - - - --- _________-- __- _---- - -____ ASSESSING DEPARTMENT: __ ___ __ Assessor 1 No Yes -Exc B Appraiser II 1 No Yes -Adm C Clerk IV 2 No No D - -------------------------------------------------------------------------------- FINANCE DEPARTMENT: Director of Finance /City Treasurer 1 No Yes -Exc B Assistant Director of Finance 1 No Yes -Adm C Staff Accountant 1 No Yes -Adm C Clerk V 2 No No D Clerk IV 1 No No D Clerk III 2 No No D ----------------------------------- _---------- ______--------------------------------- GOVERNMENT BUILDINGS DIVISION: Maintenance Supervisor 1 No Yes -Adm C Maintenance Custodian 1 No No D Lead Custodian 1 No No D Custodian 3 No No D -------------------------------------------------------------------------- POLICE DEPARTMENT: Chief /Civil Defense Coordinator 1 No Yes -Exc B Captain 2 No Yes -Adm C Sergeant 5 L #82 No E Police Officer 24 L #82 No E Administrative Assistant 1 No Yes -Adm C Office Manager 1 No Yes-Adm. C Administrative Aid 1 No Yes -Adm C Code Enforcement Officer 2 No No D Clerk /Dispatcher 6 No No F Clerk IV 1 No No D PLA.1Y'1NING AND INSPECTION DEPARTMENT: - +----- _ __ ________ --_---- --------- _----------------- Director of Planning and Inspection 1 No Yes -Exc B Inspector /Building Official 1 No Yes -Adm C Inspector 1 No Yes -Adm C Planner 1 No Yes -Adm C Clerk IV 1 No No D ----------------------------------------------------------------------- -1- 1987 Positions Authorized , Schedule A , Continued sa ------------ ---- -- ~wwww www -- ~-- ENGINEERING DIVISION: www- ~w ~ ~w ~ ~ww~ Lj Director of Public Works 1 No Yes -Exc B City Engineer 1 No Yes -Adm C Public Works Coordinator 1 No Yes -Adm C Engineering Technician IV 1 No No D Engineering Technician III 4 No No D Clerk IV 1 No No D -- -----w--~------------------w--~---w----w-----w--- ~wwww-- ~--- ~-- ~--- ~w - --- STREETS DIVISI Public Works Superintendent 1 No Yes -Adm C Supervisor of Streets and Parks 1 No No C Maintenance II 11 L #49 No G Mechanic 3 L #49 No G Night Service Person s 1 L #49 No G Clerk 1 No No D w~--------~ww ---- w ---- w ---- ---w~w~~~-w~w~------------- w-------ww~~~~-~-~w-ww-w~~~~ww~w---- PARKS AND RECREATION DEPARTMENT: Director of Recreation 1 No YeswExc B Program Supervisor 2 No Yes -Adm C Supervisor of Streets and Parks 1 No No C Aquatics Supervisor 1 No Yes -Adm C - Maintenance II 7 L #49 No G Clerk IV . 1 No No D --------- w-- ~ - ----w .,.__wwww---- w ------ w-- -- --- wwww -- ---- ---------------- MUNICIPAL GOLF COURSE: Golf Course Manager 1 No Yes -Adm C --- ~ ~w ~--- w---- ~ ~- ~w--- ww- -- ~w-~ wwww~- w---- w-- ~- w ---- -- ------- w~-- ~ ------------ www PUBLIC UTILITIES DIVISION: Supervisor of Public Utilities 1 No No C Maintenance II 6 L #49 No G ---------- ~ --- ~ ------ w--w- www..------ ---- -- .— wwww------ ---- -- .w....--- ~--- -- .----- ..wwww LIQUOR STORES DEPARTMENT: Liquor Stores Manager 1 No YeswExc B Supervisor, Retail 2 No YeswAdm C - - w ~ ~- w -w ~ ~w TOTAL PERMANENT FULL-TIME ~ POSITIONS AUTHORIZED:- ~- w ~ ~-- 126ww- ~ - ~w ~w~ ~wwww-- w ~ ~w SCHEDULED PARTr -TIME POSITIONS AUTHORIZED: ww wwwwww ~ w ..ww..w..w..--- --- ~ -w wwww -- www www~ FIRE DEPARTMENT: Chief 1 No Yes -Vol C Assistant Chief 1 No Yes -Vol C Secretary 1 No Yes-Vol C Fire Marshal 1 No Yes -Vol C Senior Training Officer 1 No Yes -Vol C Training Officer 1 No Yes-Vol C Fire Inspector, Days 1 No Yes -Vol C Fire Insp ector ector 4 No Yes-Vol C Fire Education Officer 1 No Yes -Vol C �~ww ~ww ~ww ~w- www ~wwww ~ ~ ~w -w- ~wwwwww w ~w ~ ~ -~ ~---wwwwww -w- www IQUOR STORES DEPARTMENT w- w ~-w ~ww ww Clerk /Stocker As Needed No No H Cashier As Needed No No H Cashier /Office Assistant 1 No No H -2- ----------------------- - - - - -- wwww -- '"17 r ra. -ms� c F__ ® ® p (AAPC7B) * * * ** 3.5% INCREASE CITY OF EXECUTIVE POSITIONS BROOKLYN Y 8SALAROSCHED ULE AND WS ATION PLA EXECUTIVE PLAN __________________________________________ ------------------------- -- - - -- - _____- ____ - - -__ - _- ___________ -- - ___ RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT _ _ _ - _ POSITION MIMIMUM MAXIMUM MINII�UMMIDPOINTMAXIMUM MINIMUM -- MAXIMUM ---- ----------------- ___ ___ _______ _ ___ ___ __ __ ___ _ _ _ __ __ __ _ ____ ------- City Manager $ 55,971 $ 62,556 $ 63,215 $ 65,849 $ 69,141 $ 69,800 $ 75,726 ______________..___-_-_-____-_________-___________---___--_-- _- ___- ___- _____- ___- ___- _ -_ - -_ Director of Public Works $ 45,865 $ 51,261 $ 51,800 $ 53,959 $ 56,657 $ 57,196 $ 62,052 -- __________________________________ ___ _______ __ ___ _____ ___ ______ __ Director Finance/ City Treasurer $ 42,645 $ 47,662 $ 48,164 $ 50,171 $ 52,679 $ 53,181 $ 57,696 __ - ________ -_-_- ______-^____ Chief of Police $ 41,538 $ 46, 425 $ 46, 914 $ 48 ,869 $ 51,312 $ 51,801 $ 56,199 _____________________________________________________________ ______ ____ _____ ___ __ ______ ___ Director of Recreation $ 37,442 $ 41,847 $ 42,288 $ 44,050 $ 46,252 $ 46,693 $ 50,657 City Assessor - ----------- $ 35,500_$_39, 676_$_ _ _ _ _ - - _ _ 40, 094$41 ,764$43,853 $44,270$48,029 - ,. ____________________________________ __ __ ___ __ __-- _--- ___-- ___ - - -_ Director of Planning and Inspection $ 35,500 $ 39,676 $ 40,094 $ 41,764 $ 43,853 $ 44,270 $ 48,029 Liquor - Store s Manager__ -___- $_31,661_ $_35,386 $_35,759 - $ ~ 39,111 - $ - 39,484 $ 42,836 _______________________________________________.._-__--__ ______-- _- ____- _- _- ______ -_..__ INTERVALS: Each range has a spread of approximately 35% from minimum to maximum. The minimum is approximately 85% and the maximum is approximately 115% of the midpoint. SALARY RANGES: I: GROWTH RANGE. The lower range (approximately 85% to 95% of the midpoint) should normally include y cl relatively inexperienced employees, as well as those whose performance remains below fully satisfactory levels. II. PERFORMANCE RANGE: The middle range (approximately 96% to 105% of the midpoint) should include the normally experienced, fully satisfactory employees and represent the established "going- rates ". III. MERIT RANGE. The top range (approximately 106% to 115% of the midpoint) should include only those employees who have demonstrated superior performance over a significant period on the job or at comparable levels of responsibility. SALARY SETTING AUTHORITY: The City Council must approve individual salary adjustments within Merit Range III. Salaries within Growth Range I and Performance Range II may be established by the City Manager. The City Manager's salary is established by the City Council. OVERTIME: These positions are exempt from overtime. -3- (AAPC7B1) * ** 3.5% INCREASE * * ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B-1 EXECUTIVE POSITIONS ANNUAL SALARY CONVERSION SCHEDULE EXECUTIVE PLAN ---------------------------------------- - - - - -- CONVERSION TABLE ------------------------------------------------------------------------------------------ RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT - - - - -- --- --------------------- --------------- POSITION MIMIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM ------------ - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- City Manager Annual: $ 55,971 $ 62,556 $ 63,215 $ 65,849 $ 69,141 $ 69,800 $ 75 Monthly: $ 4,664 $ 5,213 $ 5,268 $ 5,487 $ 5,762 $ 5,817 $ 6,311 Hourly: $ 26.806 $ 29.960 $ 30.275 $ 31.537 $ 33.114 $ 33.429 $ 36.267 ------------------------------------------------------------------------------------------ Director of Annual: $ 45,865 $ 51,261 $ 51,800 $ 53,959 $ 56,657 $ 57,196 $ 62,052 Public Works Monthly: $ 3,822 $ 4,272 $ 4,317 $ 4,497 $ 4,721 $ 4,766 $ 5,171 Hourly: $ 21.966 $ 24.550 $ 24.809 $ 25.842 $ 27.134 $ 27.393 $ 29.719 ------------------------------------------------------------------------------------------ Director of Annual: $ 42,645 $ 47,662 $ 48,164 $ 50,171 $ 52,679 $ 53,181 $ 57,696 Finance /City Monthly: $ 3,554 $ 3,972 $ 4,014 $ 4,181 $ 4,390 $ 4,432 $ 4,808 Treasurer Hourly: $ 20.424 $ 22.827 $ 23 .067 $ 24.028 $ 25.229 $ 25.470 $ 27 .632 -- - - - - - - - - - Chief of Police Annual: $ 41, 538 $ 46, 425 $ 46, 914 $48,869 $- 51,312 -$- 51,801 -$- 56,199 Monthly $ 3,462 $ 3,869 $ 3,909 $ 4,072 $ 4,276 $ 4,317 $ 4,683 Hourly: $ 19.894 $ 22.234 $ 22.468 $ 23.404 $ 24.575 $ 24.809 $ 26.915 - - Director of Annual: $ - - 37, 442 $ - 41, 847 - $ - 42, 288 - $ - 44 ,050 - $ - 46,252 - $ - 46,693 - $ - 50,657 Recreation Monthly: $ 3,120 $ 3,487 $ 3,524 $ 3,671 $ 3,854 $ 3,891 $ 4,221 Hourly: $ 17.932 $ 20.042 $ 20.253 $ 21.097 $ 22.151 $ 22.362 $ 24.261 ------------------------------------------------------------------------------------------ City Assessor Annual: $ 35,500 $ 39,676 $ 40,094 $ 41,764 $ 43,853 $ 44,270 $ 48,029 Monthly $ 2,958 $ 3,306 $ 3,341 $ 3,480 $ 3,654 $ 3,689 $ 4,002 Hourly: $ 17.002 $ 19.002 $ 19.202 $ 20.002 $ 21.002 $ 21.202 $ 23.002 -- - Director of Annual: $ - - - - - - - - - 35, 5 $39, $ 40, 094 $ 41, 764 $43,853 - $ - 44,270 - $ - 48,029 Planning and Monthly $ 2,958 $ 3,306 $ 3,341 $ 3,480 $ 3,654 $ 3,689 $ 4,002 Insp ection p Hourly: $ 17.002 1 .002 .202 2 2 9 1 0 00 2 $ $ 9 $ $ 1.002 $ 21.202 $ 23.002 - - - - - - - - - - - Liquor Stores Annual: $31,661 $35,386 $ 35, 759 $37,249 $- 39,111 -$- 39,484 -$- 42,836 Manager Monthly: $ 2,638 $ 2,949 $ 2,980 $ 3,104 $ 3,259 $ 3,290 $ 3,570 Hourly: $ 15.163 $ 16.947 $ 17.126 $ 17.839 $ 18.731 $ 18.910 $ 20.515 ------------------------------------------------------------------------------------------ NOTE: The Executive positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at an annual salary. This schedule converts the annual salary to a monthly salary by dividing the annual salary by twelve months. The schedule converts the annual salary to an hourly equivalent by dividing he annual salary b the normal work g y Y o hours in the current year. The number of normal work hours is determined b subtracting g Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1987. This conversion schedule is for informational purposes only and is not an official wage schedule. � 'phi D ip µRS -4- (AAPC7B2)* 3.5% INCREASE * * ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B -2 EXECUTIVE POSITIONS 1987 MAXIMUM ANNUAL SALARIES ESTABLISHED EXECUTIVE POSITIONS - www----- -w -w -w -wwww w ww -w - -- 1987 ANNUAL SALARY ww- w-- wwwwww - ---wwwwwww- - - -- MAXIMUMS N c , w ' I yfy j i 1 +Z� % GeB'SiaS� ry w------- w- - - --w------ ----------- -- w------ ww- ww -w -ww- wwwwwww IN ADDITION TO THE SALARY SETTING AUTHORITY GRANTED THE CITY MANAGER IN EXECUTIVE PLAN SCHEDULE B TO SET SALARIES IN GROWTH RANGE I AND PERFORMANCE RANGE II, THE CITY MANAGER IS HEREBY AUTHORIZED TO SET INDIVIDUAL SALARIES WITHIN MERIT RANGE III DURING THE CALENDAR YEAR 1987 TO THE MAXIMUM SALARIES SHOWN IN THIS SCHEDULE. w wwww------- ww------------ - - - - -- wwwwww ------ w------- CONVERSION TABLE MAXIMUM w MONTHLY www HOURLY ww POSITION ANNUAL SALARY EQUIVALENT EQUIVALENT Director of Public Works $ 57,791 $ 4,816 $ 27.678 w-- w--- w----- -w -ww- -- w-- - - - --- - w - - - - -- Director w of w Finance/ - City Treasurer $ - 54 ,787 w- wwwwww 26.239 -- wwww - wwwwww -- wwww - -w- wwww- w-------- w - - - -w- wwww -ww --wwww wwww----- w-- - - - -w- wwwwwww wwww - -ww -- Chief of Police $ 53,365 $ 4,447 $ 25.558 www - ww -www-ww--w-------w-w-----w-----ww ---------------- w---- $,727 $ 21.422 -- 3 -w ---- City Assessor wwwwwwwwww- w- www- w- www -ww wwww -- wwwwwww------------- - wwwwwwwww----- w------ w- w -w - - -- wwwwww --w -- wwww- w- w- w- w- wwwwwwwwwwwwww - - - --- ---ww-w--w- wwwwwww -- wwwwwww- www- w---- w- w-- w - -ww- NOTE: The Executive positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at an annual salary. This schedule also converts the annual salary to monthly and hourly. The conversions are for informational purposes only and are not a part of the official wage schedule. -5- (AAPC7C) * ** 3.5% INCREASE ** * CITY OF BR00KLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE C SUPERVISORY AND PROFESSIONAL POSITIONS GRADE RANGE AND MONTHLY SALARY SUPERVISORY- ---------------------------- w --------------------------------------- w PROFESSIONAL ----- wwwwww ------------ w----- -------- ---- -- --- --------- ---- -- --wwww w--------------------- GRADE RANGE MONTHLY SALARY RANGE FROM SCHEDULE C -1 FROM SCHEDULE Cw1 -------- www- w- w---- w - - -ww ww- w--- w--- w-- -wwww -w - - -w EXEMPT GOING GOING FROM POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM OVERTIME --------------------------- - ---- -- wwww--- ---wwww ----- -- -wwww ww ---wwww ww --- ww City Engineer S36A S37C S39 C $ 3,370 $ 3,808 $ 4,001 Yes Police Captain S32A S34C S36C $ 3,053 $ 3,536 $ 3,715 Yes H.R.A. Coordinator S32A S34C S36C $ 3,053 $ 3,536 $ 3,715 Yes Public Works Superintendent S31A S33C S35C $ 2,979 $ 3,450 $ 3,625 Yes Assistant Director of Finance S22A S24C S28C $ 2,385 $ 2, $ 3,049 Yes Inspector /Building Official S21A S23C S25C $ 2,327 $ 2,695 $ 2,832 Yes Personnel Coordinator S19A S21C S24C $ 2,215 $ 2,565 $ 2,763 Yes Appraiser II S19A S21C S23C $ 2,215 $ 2,565 $ 2,695 Yes Public Works Coordinator S19A S21C S23C $ 2,215 $ 2,565 $ 2,695 Yes Supervisor of Streets and Parks S18A S20C S22C $ 2,161 $ 2,503 $ 2,630 No Supervisor of Public Utilities S18A S20C S22C $ 2,161 $ 2,503 $ 2,630 No Inspector, Planning and Inspection S18A S20C S22C $ 2,161 $ 2,503 $ 2,630 Yes Golf Course Manager S18A S20C S22C $ 2,161 $ 2,503 $ 2,630 Yes City Clerk S17A S19C S21C $ 2,108 $ 2,442 $ 2,565 Yes Office Manager, Police S16A S18C S20C $ 2,057 $ 2,382 $ 2,503 Yes Maintenance Supervisor S16A S18C S20C $ 2,057 $ 2 $ 2,503 Yes Planner S12A S14C S16C $ 1,863 $ 2,158 $ 2,267 Yes Administrative Assistant S12A S14C S16C $ 1,863 $ 2,158 $ 2,267 Yes Program Supervisor, Recreation S10A S12C S14C $ 1,773 $ 2,054 $ 2,158 Yes Staff Accountant S8A S10C S12C $ 1,688 $ 1,955 $ 2,054 Yes Supervisor, Liquor Retail S8A S10C S12C $ 1,688 $ 1 $ 2,054 Yes Administrative Aid S7A S9C S10C $ 1,647 $ 1,907 $ 1,955 Yes Aquatics Supervisor S2A S2C S4C $ 1,456 $ 1,605 $ 1,686 Yes Fire Chief (Part- time) $ 645 Yes Assistant Chief (Partwtime) $ 405 Yes Secretary (Part -time) $ 150 Yes Fire Education Officer (Partwtime) $ 150 Yes Fire Marshal (Part -time) $ 405 Yes Senior Training Officer (Part -time) $ 275 Yes Training Officer (Part -time) $ 210 Yes Fire Inspector,Days (Partwtime) $ 370 Yes Fire Inspector (Partwtime) $ 210 Yes -ww- w--------- - - - - -- wwww---------- - - - -ww wwwwwwww-- wwww -- wwww- w-- w----- w------- - -w - -- wwww-- P � r MW.a j -6w (AAPC7C1) * * * ** 3.5% INCREASE * * ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE Cwt SUPERVISORY w PROFESSIONAL POSITIONS MONTHLY SALARY SCHEDULE wwwwww wwww.:wwwwwwwwwwww wwwwww wwwwwww-- -wwwwww+a wwww-- -- ---- wwwwwwww.swww.ew PROGRESSION STEPS MERIT STEPS GRADES A B C D E S1 $ 1,420 $ 1,491 $ 1,566 $ 1,644 $ 1,726 S2 $ 1,456 $ 1,528 $ 1,605 $ 1,685 $ 1,769 S3 $ 1,492 $ 1,567 $ 1,645 $ 1,727 $ 1,813 S4 $ 1,529 $ 1,606 $ 1,686 $ 1,770 $ 1,859 S5 $ 1,567 $ 1,646 $ 1,728 $ 1,815 $ 1,905 S6 $ 1,607 $ 1,687 $ 1,771 $ 1,860 $ 1,953 LEE] S7 $ 1,647 $ 1,729 $ 1,816 $ 1,906 $ 2,002 S8 $ 1,688 $ 1,772 $ 1,861 $ 1,954 $ 2,052 S9 $ 1,730 $ 1,817 $ 1,907 $ 2,003 $ 2,103 S10 $ 1,773 $ 1,862 $ 1,955 $ 2,053 $ 2,156 S11 $ 1,818 $ 1,909 $ 2,004 $ 2,104 $ 2,209 S12 $ 1,863 $ 1,956 $ 2,054 $ 2,157 $ 2,265 S13 $ 1,910 $ 2,005 $ 2,106 $ 2,211 $ 2,321 S14 $ 1 $ 2,055 $ 2,158 $ 2,266 $ 2,379 S15 $ 2,006 $ 2,107 $ 2,212 $ 2, $ 2,439 S16 $ 2,057 $ 2,159 $ 2,267 $ 2,381 $ 2,500 S17 $ 2,108 $ 2,213 $ 2,324 $ 2,440 $ 2,562 S18 $ 2,161 $ 2,269 $ 2, $ 2,501 $ 2,626 S19 $ 2,215 $ 2,325 $ 2,442 $ 2,564 $ 2,692 S20 $ 2,270 $ 2,384 $ 2 503 5 $ 2 628 2 9 S21 $ 2,327 $ 2,443 $ 2,565 $ 2,694 $ 2, S22 $ 2,385 $ 2,504 $ 2, $ 2,761 $ 2,899 S � $ 2,445 $ 2,567 $ 2,695 $ 2,830 $ 2,972 S24 $ 2,506 $ 2,631 $ 2,763 $ 2,901 $ 3,046 S25 $ 2,568 $ 2,697 $ 2,832 $ 2,973 $ 3,122 ® S26 $ 2,633 $ 2,764 $ 2,902 $ 3,048 $ 3,200 S27 $ 2,698 $ 2,833 $ 2,975 $ 3,124 $ 3,280 S28 $ 2,766 $ 2,904 $ 3,049 $ 3,202 $ 3,362 S29 $ 2,835 $ 2,977 $ 3,126 $ 3,282 $ 3,446 S30 $ 2,906 $ 3,051 $ 3,204 $ 3,364 $ 3,532 S3 $ 2,979 $ 3,128 $ 3,284 $ 3,448 $ 3,620 S32 $ 3,053 $ 3,206 $ 3,366 $ 3,534 $ 3,711 S33 $ 3,129 $ 3,286 $ 3,450 $ 3,623 $ 3,804 S34 $ 3,208 $ 3,368 $ 3,536 $ 3,713 $ 3,899 S35 $ 3,288 $ 3,452 $ 3,625 $ 3,806 $ 3,996 S36 $ 3,370 $ 3,538 $ 3,715 $ 3,901 $ 4,096 S37 $ 3,454 $ 3,627 $ 3,808 $ 3,999 $ 4,199 S3 $ 3,541 $ 3,718 $ 3,904 $ 4,099 $ 4,304 S39 $ 3,629 $ 3,811 $ 4,001 $ 4 ,201 $ 4,411 S40 $ 3,720 $ 3,906 $ 4,101 $ 4,306 $ 4,521 wwwwwww wwww ---wwwwwww ---wwwwwww --wwwwwww wwww w w www wwww w wwwwwww wwwwwww ww NORMAL PROGRESSION: A is starting wage. Advance to Step B after six months probationary period. Advance to Step C after eighteen months employment. Additional grade advances in Step C, within the City Council authorized limits shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be at the discretion of the City Manager. INTERVALS: Grades 1 through 40 represent 2 1/2% advances. Steps A through E represent approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -7- (AAPC7C2) * ** 3.5% INCREASE '' ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHE;t,E Cwt SUPERVISORY w PROFESSIONAL POSITIONS MONTHLY SALARY CONVERSION SCHEDULE MONTHLY RATE CONVERSION TABLE --wwww wwwwv... s----w. swwww wwwwwwwww. rw wwwww- - ww+.ww-- w..w.m.sw.sw.eww wwwwwww.a wwww..ww...ww.rwwww . swwwwwww MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY ww-ww www wwwww..www wwwwwwwww wwwwwwwww wwwwww ww wwww wwww wwwwww -wA wwwwww -- --------- $ 1,420 $ 17,040 $ 8.161 $ 1,491 $ 17,892 $ 8.569 $ 1,566 $ 18,792 $ 9.000 $ 11456 $ 17,472 $ 8.368 $ 1,528 $ 18,336 $ 8.782 $ 1,605 $ 19,260 $ 9.224 $ 1,492 $ 17,904 $ 8.575 $ 1,567 $ 18,804 $ 9.006 $ 1,645 $ 19,740 $ 9.454 $ 1,529 $ 18,348 $ 8.787 $ 1,606 $ 19,272 $ 9.230 $ 1,686 $ 20,232 $ 9.690 $ 1,567 $ 18,804 $ 9.006 $ 1,646 $ 19,752 $ 9.460 $ 1,728 $ 20,736 $ 9.931 $ 1,607 $ 19,284 $ 9.236 $ 1,687 $ 20,244 $ 9.695 $ 1,771 $ 21,252 $ 10.178 $ 1,647 $ 19,764 $ 9.466 $ 1,729 $ 20,748 $ 9.937 $ 1,816 $ 21,792 $ 10.437 $ 1,688 $ 20,256 $ 9.701 $ 1,772 $ 21,264 $ 10.184 $ 1,861 $ 22,332 $ 10.695 $ 1,730 $ 20,760 $ 9.943 $ 1,817 $ 21,804 $ 10.443 $ 1,907 $ 22,884 $ 10.960 $ 1,773 $ 21,276 $ 10.190 $ 1,862 $ 22,344 $ 10.701 $ 1,955 $ 23,460 $ 11.236 $ 1,818 $ 21,816 $ 10.448 $ 1,909 $ 22,908 $ 10.971 $ 2,004 $ 24,048 $ 11.517 $ 1,863 $ 22,356 $ 10.707 $ 1,956 $ 23,472 $ 11.241 $ 2,054 $ 24,648 $ 11.805 $ 1,910 $ 22,920 $ 10.977 $ 2,005 $ 24,060 $ 11.523 $ 2,106 $ 25,272 $ 12.103 $ 1,958 $ 23,496 $ 11.253 $ 2,055 $ 24,660 $ 11.810 $ 2,158 $ 25,896 $ 12.402 $ 2,006 $ 24,072 $ 11.529 $ 2,107 $ 25,284 $ 12.109 $ 2,212 $ 26,544 $ 12.713 $ 2,057 $ 24,684 $ 11.822 $ 2,159 $ 25,908 $ 12.408 $ 2,267 $ 27,204 $ 13.029 $ 2,108 $ 25,296 $ 12.115 $ 2,213 $ 26,556 $ 12.718 $ 2,324 $ 27,888 $ 13.356 $ 2,161 $ 25,932 $ 12.420 $ 2,269 $ 27,228 $ 13.040 $ 2,382 $ 28,584 $ 13.690 $ 2,215 $ 26,580 $ 12.730 $ 2,325 $ 27,900 $ 13.362 $ 2,442 $ 29,304 $ 14.034 i $ 2,270 $ 27,240 $ 13.046 $ 2,384 $ 28,608 $ 13.701 $ 2,503 $ 30,036 $ 14.385 $ 2,327 $ 27,924 $ 13.374 $ 2,443 $ 29,316 $ 14.040 $ 2,565 $ 30,780 $ 14.741 $ ,3 8 5 $ 28,620 $ 13.707 $ 2,504 $ 30,048 $ 14.391 $ 2,630 $ 31,560 $ 15.115 $ 2,445 $ 29,340 $ 14.052 $ 2,567 $ 30,804 $ 14.753 $ 2,695 $ 32,340 $ 15.489 $ 2,506 $ 30,072 $ 14.402 $ 2,631 $ 31,572 $ 15.121 $ 2,763 $ 33,156 $ 15.879 $ 2,568 $ 30,816 $ 14.759 $ 2,697 $ 32,364 $ 15.500 $ 2,832 $ 33,984 $ 16.276 $ 2,633 $ 31,596 $ 15.132 $ 2,764 $ 33,168 $ 15.885 $ 2,902 $ 34,824 $ 16.678 $ 2,698 $ 32,376 $ 15.506 $ 2,833 $ 33,996 $ 16.282 $ 2,975 $ 35,700 $ 17.098 $ 2,766 $ 33,192 $ 15.897 $ 2,904 $ 34,848 $ 16.690 $ 3,049 $ 36,588 $ 17.523 $ 2,835 $ 34,020 $ 16.293 $ 2,977 $ 35,724 $ 17.109 $ 3,126 $ 37,512 $ 17.966 $ 2,906 $ 34,872 $ 16.701 $ 3,051 $ 36,612 $ 17.534 $ 3,204 $ 38,448 $ 18.414 $ 2,979 $ 35,748 $ 17.121 $ 3,128 $ 37,536 $ 17.977 $ 3,284 $ 39,408 $ 18.874 $ 3,053 $ 36,636 $ 17.546 $ 3,206 $ 38,472 $ 18.425 $ 3,366 $ 40,392 $ 19.345 $ 3,129 $ 37,548 $ 17.983 $ 3,286 $ 39,432 $ 18.885 $ 3,450 $ 41,400 $ 19.828 $ 3,208 $ 38,496 $ 18.437 $ 3,368 $ 40,416 $ 19.356 $ 3,536 $ 42,432 $ 20.322 $ 3,288 $ 39,456 $ 18.897 $ 3,452 $ 41,424 $ 19.839 $ 3,625 $ 43,500 $ 20.833 $ 3,370 $ 40,440 $ 19.368 $ 3,538 $ 42,456 $ 20.333 $ 3,715 $ 44,580 $ 21.351 $ 3,454 $ 41,448 $ 19.851 $ 3,627 $ 43,524 $ 20.845 $ 3,808 $ 45,696 $ 21.885 $ 3,541 $ 42,492 $ 20.351 $ 3,718 $ 44,616 $ 21.368 $ 3,904 $ 46,848 $ 22.437 $ 3,629 $ 43,548 $ 20.856 $ 3,811 $ 45,732 $ 21.902 $ 4,001 $ 48,012 $ 22.994 $ 3,720 $ 44,640 $ 21.379 $ 3,906 $ 46,872 $ 22.448 $ 4,101 $ 49,212 $ 23.569 ------------ --------------------- -------- www www wwww------------------------ w wwwl wwwwwww www NOTE: The Supervisory w Professional positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at a monthly salary. This schedule converts the monthly salary to an annual equivalent by multiplying the monthly rate by twelve months. The schedule converts the annual salary to an hourly equivalent rate by dividing the annual rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1987. This conversion schedule is for informational purposes only and is not an official wage schedule. -8- f (AAPC7D)* 3.5% INCREASE * * ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE D TECHNICAL AND CLERICAL POSITIONS GRADE RANGE AND HOURLY RATES TECHNICAL - CLERICAL ---------------------- w------------ w--- w------- w----- --- - -w PLAN 7; U U - -www - wwwww-- - -w - -w -w - -www - w -ww-- --- -www- ww---- -w- --- ww-w--w----w-----w---w- www- w--- -- - - -- GRADE RANGE HOURLY WAGE RANGE FROM SCHEDULE D-1 FROM SCHEDULE D-1 ww--------- w--- _-- -w --w- -_--------------- --- - -- GOING GOING POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM -------- ---- -- wwwww-- ---- -- wwwwwww - wwwww- - ---- -- wwwwwww wwwwwww w -w -w -- Engineering Technician IV T31A T33C T37C $ 12.37 $ 14.33 $ 15.82 - - --www - w- w--- w w-- - - - an w -- www- w -w -- -- -w -w -- ------ w--------------- ww - - -- wwwww - -ww- Engineering Technici III T25A T27C T31C $ 10.67 $ 12.36 $ 13.64 www --------- w - - - - -- wwwwwwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Maintenance Custodian T24A T26C T28C $ 10.41 $ 12.06 $ 12.67 -------------------------------------- w ------- m -------- -- ww---- w- w--- w----- w - - - -w Lead Custodian T22A T22C T24C $ 9.91 $ 10.92 $ 11.48 - - - - -w- --------- w-------------- w----------- - - - - -- w---------------w----w---w------ Service Garage Clerk T21A T21C T23C $ 9.67 $ 10.66 $ 11.20 mm ------------w----w-------------w--------------------------------w------------- Custodian T17A T17C T21C $ 8.76 $ 9.66 $ 10.66 ---------w-----w--w- ---w-w-w---------------------------------------------- w - w ---- Clerk V T15A T15C T20C $ 8.34 $ 9.19 $ 10.40 --------------------------- m ----------------------------------------------------- Clerk IV T12A T12C T16C $ 7.74 $ 8.53 $ 9.42 -------------------------------------------- M ----- --w---------------------------- Code Enforcement Officer T12A T12C T13C $ 7.74 $ 8.53 $ 8.75 ---------------------------------------w-------------w--------------------------- Clerk III T9A ( T9C T12C $ 7.19 $ 7.92 $ 8.53 --------- -- - - -- -- - - - - -- - - - - - -- ---------------------------------- - - - - -- ----- - - - - -- Clerk II T5A T5C T8C $ 6.51 $ 7.18 $ 7.73 - - - -- ------------- w------------ - - - - -- --- w------- w-------- w------- - - - - -- - -- - - - - --- -9- -a D .. a�asv L7 AA D D 1 3.5% INCREASE CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHE'DLLE D-.1 TECHNICAL AND CLERICAL POSITIONS HOURLY WAGE SCHEDULE wwww-wwwwwwww wwwwwwwwwwwwwww.e.owww.vwwww sw+ m. v. v-- -- w+aww+e-.o---- +ewwww- -- -- -- PROGRESSION STEPS MERIT STEPS GRADES A B C D E T1 $ 5.90 $ 6.19 $ 6.50 $ 6.83 $ 7.17 T2 $ 6.05 $ 6.35 $ 6.67 $ 7.00 $ 7.35 T3 $ 6.20 $ 6.51 $ 6.83 $ 7.18 $ 7.53 T4 $ 6.35 $ 6.67 $ 7.00 $ 7.35 $ 7.72 T5 $ 6.51 $ 6.84 $ 7.18 $ 7.54 $ 7.92 T6 $ 6.67 $ 7.01 $ 7.36 $ 7.73 $ 8.11 T7 $ 6.84 $ 7.18 $ 7.54 $ 7.92 $ 8.32 T $ 7.01 $ 7.36 $ 7.73 $ 8.12 $ 8.52 T9 $ 7.19 $ 7.55 $ 7.92 $ 8.32 $ 8.74 T10 $ 7.37 $ 7.74 $ 8.12 $ 8.53 $ 8.96 T11 $ 7.55 $ 7.93 $ 8.33 $ 8.74 $ 9.18 T12 $ 7.74 $ 8.13 $ 8.53 $ 8.96 $ 9.41 T13 $ 7.93 $ 8.33 $ 8.75 $ 9.18 $ 9.64 T14 $ 8.13 $ 8.54 $ 8.97 $ 9.41 $ 9.89 T15 $ 8.34 $ 8.75 $ 9.19 $ 9.65 $ 10.13 T16 $ 8.54 $ 8.97 $ 9.42 $ 9.89 $ 10.39 T17 $ 8.76 $ 9.20 $ 9.66 $ 10.14 $ 10.65 T18 $ 8.98 $ 9.43 $ 9.90 $ 10.39 $ 10.91 T19 $ 9.20 $ 9.66 $ 10.14 $ 10.65 $ 11.18 T20 $ 9.43 $ 9.90 $ 10.40 $ 10.92 $ 11.46 T21 $ 9.67 $ 10.15 $ 10.66 $ 11.19 $ 11.75 T22 $ 9.91 $ 10.40 $ 10.92 $ 11.47 $ 12.04 T23 $ 10.16 $ 10.66 $ 11.20 $ 11.76 $ 12.35 T24 $ 10.41 $ 10.93 $ 11.48 $ 12.05 $ 12.65 T25 $ 10.67 $ 11.20 $ 11.76 $ 12.35 $ 12.97 T26 $ 10.94 $ 11.48 $ 12.06 $ 12.66 $ 13.29 T27 $ 11.21 $ 11.77 $ 12.36 $ 12.98 $ 13.63 T28 $ 11.49 $ 12.07 $ 12.67 $ 13.30 $ 13.97 T29 $ 11.78 $ 12.37 $ 12.99 $ 13.63 $ 14.32 T30 $ 12.07 12.68 $ $ 13.31 $ 13.98 $ 14.67 T31 $ 12.37 $ 12 .99 $ 13.64 $ 14.33 $ 15.04 T32 $ 12.68 $ 13.32 $ 13.98 $ 14.68 $ 15.42 T33 $ 13.00 $ 13.65 $ 14.33 $ 15.05 $ 15.80 T34 $ 13.33 $ 13.99 $ 14.69 $ 15.43 $ 16.20 T35 $ 13.66 $ 14.34 $ 15.06 $ 15.81 $ 16.60 T36 $ 14.00 $ 14.70 $ 15.44 $ 16.21 $ 17.02 T37 $ 14.35 $ 15.07 $ 15.82 $ 16.61 $ 17.44 T38 $ 14.71 $ 15.44 $ 16.22 $ 17.03 $ 17.88 T39 $ 15.08 $ 15.83 $ 16.62 $ 17.45 $ 18.33 T40 $ 15.45 $ 16.23 $ 17.04 $ 17.89 $ 18.78 wwwwwwwwwwwwwwwwwww w- - --wwww www -wwww www www ----- --wwww w ww w + vwwwwwwwwwwwwww NORP�AL PROGRESSION: A is starting wage. Advance to Step B after six months probationary period. Advance to Step C after eighteen months employment. Additional grade advances in Step C, within the City Council authorized limits, shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be at the discretion Of the City Manager. INTERVALS: Grades 1 through 40 represent 2 112% advances. Steps A through E represent approximately AP y 5°b advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. w10w r L I (AAPC7D2) * ** 3.5% INCREASE * ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFI ATION PLA SCHEDULE Dw2 TECHNICAL AND CLERICAL POSITIONS HOURLY RATE CONVERSION SCHEDULE HOU °,LY RATE CONVERSION TABLE wwwww wwwwwwwwww ww wwwwww wwwwwwww wwwww wwwwwwwww..ww wwwwwwwwwwwww wwwww+ - wwwwwww HOURLY ANNUAL MONTHLY HOURLY ANNUAL MONTHLY HOURLY ANNUAL MONTHLY wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww w wwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww $ 5.90 $ 12,319 $ 1,027 $ 6.19 $ 12,925 $ 1,077 $ 6.50 $ 13,572 $ 1,131 $ 6.05 $ 12,632 $ 1,053 $ 6.35 $ 13,259 $ 1,105 $ 6.67 $ 13,927 $ 1,161 $ 6.20 $ 12,946 $ 1,079 $ 6.51 $ 13,593 $ 1,133 $ 6.83 $ 14,261 $ 1,188 $ 6.35 $ 13,259 $ 1,105 $ 6.67 $ 13,927 $ 1,161 $ 7.00 $ 14,616 $ 1,218 $ 6.51 $ 13,593 $ 1,133 $ 6.84 $ 14,282 $ 1,190 $ 7.18 $ 14,992 $ 1,249 $ 6.67 $ 13,927 $ 1,161 $ 7.01 $ 14,637 $ 1,220 $ 7.36 $ 15,368 $ 1,281 $ 6.84 $ 14,282 $ 1,190 $ 7.18 $ 14,992 $ 1,249 $ 7.54 $ 15,744 $ 1,312 $ 7.01 $ 14,637 $ 1,220 $ 7.36 $ 15,368 $ 1,281 $ 7.73 $ 16,140 $ 1,345 $ 7.19 $ 15,013 $ 1,251 $ 7.55 $ 15,764 $ 1,314 $ 7.92 $ 16,537 $ 1,378 $ 7.37 $ 15,389 $ 1,282 $ 7.74 $ 16,161 $ 1,347 $ 8.12 $ 16,955 $ 1,413 $ 7.55 $ 15,764 $ 1,314 $ 7.93 $ 16,558 $ 1,380 $ 8.33 $ 17,393 $ 1,449 $ 7.74 $ 16,161 $ 1,347 $ 8.13 $ 16,975 $ 1,415 $ 8.53 $ 17,811 $ 1,484 $ 7.93 $ 16,558 $ 1,380 $ 8.33 $ 17,393 $ 1,449 $ 8.75 $ 18,270 $ 1,523 $ 8.13 $ 16,975 $ 1,415 $ 8.54 $ 17,832 $ 1,486 $ 8.97 $ 18,729 $ 1,561 $ 8.34 $ 17,414 $ 1,451 $ 8.75 $ 18,270 $ 1,523 $ 9.19 $ 19,189 $ 1,599 $ 8.54 $ 17,832 $ 1,486 $ 8.97 $ 18,729 $ 1,561 $ 9.42 $ 19,669 $ 1,639 $ 8.76 $ 18,291 $ 1,524 $ 9.20 $ 19,210 $ 1,601 $ 9.66 $ 20,170 $ 1,681 $ 8.98 $ 18,750 $ 1,563 $ 9.43 $ 19,690 $ 1,641 $ 9.90 $ 20,671 $ 1,723 $ 9.20 $ 19,210 $ 1,601 $ 9.66 $ 20,170 $ 1,681 $ 10.14 $ 21,172 $ 1,764 • $ 9.43 $ 19,690 $ 1,641 $ 9.90 $ 20,671 $ 1,723 $ 10.40 $ 21,715 $ 1,810 $ 9.67 $ 20,191 $ 1,683 $ 10.15 $ 21,193 $ 1,766 $ 10.66 $ 22,258 $ 1,855 $ 9.91 $ 20,692 $ 1,724 $ 10.40 $ 21,715 $ 1,810 $ 13.92 $ 29,065 $ 2,422 $ 10.16 $ 21,214 $ 1,768 $ 10.66 $ 22,258 $ 1,855 $ 11.20 $ 23,386 $ 1,949 $ 10.41 $ 21,736 $ 1,811 $ 10.93 $ 22,822 $ 1,902 $ 11.48 $ 23,970 $ 1,998 $ 10.67 $ 22,279 $ 1,857 $ 11.20 $ 23,386 $ 1,949 $ 11.76 $ 24,555 $ 2,046 $ 10.94 $ 22,843 $ 1,904 $ 11.48 $ 23,970 $ 1,998 $ 12.06 $ 25,181 $ 2,098 $ 11.21 $ 23,406 $ 1,951 $ 11.77 $ 24,576 $ 2,048 $ 12.36 $ 25,808 $ 2,151 $ 11.49 $ 23,991 $ 1,999 $ 12.07 $ 25,202 $ 2,100 $ 12.67 $ 26,455 $ 2,205 $ 11.78 $ 24,597 $ 2,050 $ 12.37 $ 25,829 $ 2,152 $ 12.99 $ 27,123 $ 2,260 $ 12.07 $ 25,202 $ 2,100 $ 12.68 $ 26,476 $ 2,206 $ 13.31 $ 27,791 $ 2,316 $ 12.37 $ 25,829 $ 2,152 $ 12.99 $ 27,123 $ 2,260 $ 13.64 $ 28,480 $ 2,373 $ 12.68 $ 26,476 $ 2,206 $ 13.32 $ 27,812 $ 2,318 $ 13.98 $ 29,190 $ 2,433 $ 13.00 $ 27,144 $ 2,262 $ 13.65 $ 28,501 $ 2,375 $ 14.33 $ 29,921 $ 2,493 $ 13.33 $ 27,833 $ 2,319 $ 13.99 $ 29,211 $ 2,434 $ 14.69 $ 30,673 $ 2,556 $ 13.66 $ 28,522 $ 2,377 $ 14.34 $ 29,942 $ 2,495 $ 15.06 $ 31,445 $ 2,620 $ 14.00 $ 29,232 $ 2,436 $ 14.70 $ 30,694 $ - 2,558 $ 15.44 $ 32,239 $ 2,687 $ 14.35 $ 29,963 $ 2,497 $ 15.07 $ 31,466 $ 2,622 $ 15.82 $ 33,032 $ 2,753 $ 14.71 $ 30,714 $- 2,560 $ 15.44 $ 32,239 $ 2,687 $ 16.22 $ 33,867 $ 2,822 $ 15.08 $ 31,487 $ 2,624 $ 15.83 $ 33,053 $ 2,754 $ 16.62 $ 34,703 $ 2,892 $ 15.45 $ 32,260 $ 2,688 $ 16.23 $ 33,888 $ 2,824 $ 17.04 $ 35,580 $ 2,965 wwwwwwwwwwMwwwwwwww www ww w ww wwwwwwwww www ww wwww NOTE: The Technical and Clerical positions are classified as non-exempt under the Fair Labor - Standards Act (FLSA) and are compensated at an hourly wage rate. This schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1987• The monthly wage is determined by dividing the annual wage by twelve months. This conversion schedule is for informational purposes only and is not an official wage schedule. w11w oil (AAPC7E) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFICATION PLAN SC — DULE E POLICE OFFICER POSITIONS HOURLY RATE SCHEDULE, L.E.L.S., LOCAL NO. 82 POLICE OFFICERS ---- -..- .,.,.,.,----- --..-.,...,.,--..-., -- --- - -- -. -...,.,-- -----.•-., ----- PLAN HOURLY RATE PROGRESSION STEPS P1 P2 P3 P4 P5 POSITION (65 %) (70 %) (80 %) (90 %) (100 %) ----------------------- +s.v+v- --- - ---- -- .a.e.v. --- ---- -- - ---- -- Police Officer $ 9.195 $ 9.902 $ 11.317 $ 12.732 $ 14.146 CONVERSION TABLE Monthly $ 1,594 $ 1,716 $ 1,962 $ 2,207 $ 2,452 Annual $ 19,126 $ 20,597 $ 23,539 $ 26,482 $ 29,424 NORMAL PROGRESSION: Step P1 is the starting wage. Advance to Step P2 after six months of employment. Advance to Step P3 after one year of employment. Advance to Step P4 after two years of employment. Advance to Step P5 after three years of employment. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. INTERVALS: P5 is to police officer salary. A p P1 is 65% of P5• P2 is 0 of P Y• , 7 � 5, P3 is 80% of P5; P4 is 90% of P5. CONVERSION TABLE HOURLY MONTHLY ANNUAL Sergeant (P5 monthly salary plus $282) $ 15.773 $ 2,734 $ 32,808 LONGEVITY AND EDUCATIONAL INCENTIVE: Percent of Base Pay based on longevity or educational credits to be paid as supplementary pay: Y EDUCATIONAL LONGEVITY COLLEGE QUARTER CREDITS PERCENT 4A8 years 45x89 3% 8-12 years 90134 5% 12A16 years 135 -=179 7% 16 years and over 180 or more 9% SPECIAL JOB CLASSIFICATION: 1. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $110 per month or $110 prorated for less than a full month in addition to their regular wage rate: CONVERSION TABLE HOURLY MONTHLY ANNUAL A. Investigator $ 0.635 $ 110 $ 1,320 B. Juvenile Officer $ 0 .635 $ 110 $ 1,320 C. Do Handler Dog $ 0.635 110 1 $ $ ,3 20 2. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $50 per month or $50 prorated for less than a full month in addition to their regular wage rate: CONVERSION TABLE HOURLY MONTHLY ANNUAL A. Corporal $ 0.288 $ 50 $ 600 q .lq3+...npw!vK--- -- -- A+O ---R A ..gAAA--- -w— w— A— A!-- ---- -w -- --Rte.. AAAA..-- w--------- -SIR— m-- -+S,C- --- NOTE: The Police Officer positions are classified as nonexempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual. The conversion tables are for informational Purposes only and are not a part of the official wage schedule. -12- .. (AAPC7F) * * ** 3.5% INCREASE * * ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE F POLICE CLERK /DISPATCHER POSITIONS HOURLY RATE SCHEDULE POLICE CLERK/ --------------------------------------------- -------- DISPATCHER PLAN c, E --------------- wwwwwww-- ---- -- wwwwwwwwwwwwwww----------w--- HOURLY RATE PROGRESSION STEPS w----- w-- www-- ww— w--- www- ww— w— www —w ww-----------w-w— POSITION A B C D E F G ------------ w - - - - -- wwwwwww ww - ---- - --- --- wwwwwww wwwwwww w —wwwww Clerk /Dispatcher $ 8.85 $ 9.20 $ 9.57 $ 9.95 $ 10.35 $ 10.77 $ 11.20 ----------- wwwwwwwwwwwwww w www- -------------------- W -------------- w------ wwwwYC w.Qww CONVERSION TABLE Monthly $ 1,540 $ 1,601 $ 1,665 $ 1,731 $ 1,801 $ 1,874 $ 1,94 Annual $ 18,479 $ 19,210 $ 19,982 $ 20,776 $ 21,611 $ 22,488 $ 23,386 ---- --- ---- -- v— W---- ------ ------- +awwww -------------------- w+ewwwww ---- -- NORMAL PROGRESSION: Step A is starting wage. Succeeding steps represent six month intervals. • INTERVALS: Steps A through G represent 4% advances. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. Cwww--------------- W -------- wwwwwwwwwww w.!w-------- W------------------------------ NOTE: The Clerk /Dispatcher positions are classified as nonwexempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly wage rate. This schedule also converts the hourly wage rate to monthly and annual equivalents. The schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1986. The schedule converts the annual rate to the monthly rate by dividing the annual rate by twelve months. The conversions are for informational purposes only and are not a part of the official wage schedule. -13w GGG `i b (AAPC7G)' CITY OF BROOKLYN CENTER 1986 EMPLOYEE POSITIONv AND CLASS CAT 11 P SCH=ULE G UNION OF OPERATING ENGINEERS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL NO. 1 49 ----. 4... , . , ---- .,---- -...,.,--- ---- -- -A.,-.,.,.,...,.,.,.. w--.,.,-..-.,-..w------- w.,.... ---- PLAN NOTE: The following Wage Schedule will be in effect from the first payroll period in 1986 through the last payroll period in 1986: --------------- W --- ----- AAA- ------ W---------- ----- ---- ---- ---- ---- -- CONVERSION TABLE HOURLY .�.....,.�.,.. --- POSITION RATE MONTHLY ANNUAL Maintenance III $ 12.23 $ 2,128 $ 25,536 Maintenance II $ 11-75 $ 2,045 $ 24,534 Mechanic $ 12.23 $ 2,128 $ 25,536 Night Service Person $ 11.55 $ 2,010 $ 2 Maintenance I $ 8.47 $ 1 474 $ 17,685 Welding $ 11.99 $ 2,086 $ 25,035 Crew Leader $ 0.50 in addition to regular rate when assigned in writing by the Department Head to assist a Supervisor as Crew Leader while performing such duties. Working out of Classification Pay: Employees required by the Employer to operate certain items of heavy equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit. Employees hired after February 7 1984, in the Maintenance I classifi- cation who are required by the Employer to operate certain items of light equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit. Standby Pay: Public Utilities employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a Saturday, Sunday or Holiday will receive as compensation for such service two (2) hours of overtime pay for each day served in such status. Such standby pay shall be in addition to other compensation which the employee is entitled to under this agreement. ---- ---- -- W-+I -YO+l--- -- -- -- -w ---- V--- --- -w--- --------------- ------- -------------------- NOTE: The above positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual equivalents. The schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and undays from the total number of days in the year and multiplying that number by eight ours. There are 2,088 normal work hours in 1986. The schedule converts the annual rate to the monthly rate by dividing the annual rate by twelve months. The conversions are for informational purposes only and are not a part of the official wage schedule. -14- 1 (AAPC7H) * * ** NO INCREASE * ** CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE H LIQUOR STORES - PART-TIME - HOURLY - RATE SCHEDULE LIQUOR STORES - ----- - - - - -- PART -TIME EMPLOYEES PLAN ' r ------------------------------------------------------------------------------------------ STEPS --------------------------------------------- POSITION A B C ---------- ------ - - - - -- --------- --- - - - - -- --- - - - - -- Clerk /Stocker 4.75 5.35 6.15 Cashier 14.75 5.35 6.15 Cashier /Office Assistant 5.75 6.35 7.15 ------------------------------------------------------------------------------------------ NORMAL PROGRESSION: A is starting hourly rate. Advance to Step B after six months employment. Advance to Step C after eighteen months employment. CITY MANAGER'S DISCRETION: Starting grade and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. • -15- i (AAPC7I) CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE I EMPLOYEE INSURANCE BENEFITS EMPLOYEE 0 SURANCE BENEFITS n U --- w/- --- ----- --------------------------------------------------------------------------- L.E.L.S., LOCAL NO. 82, POLICE OFFICERS: 1987 AND 1986 BENEFITS NOT ESTABLISHED, 1985 BENEFITS SHOWN The City will contribute up to a maximum of $155 per month per employee toward health, life, long -term disability insurance, and dental insurance. (Dental insurance not to exceed $15.) INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO: ----------------------------------------------------------- 1987 BENEFITS NOT ESTABLISHED, 1986 BENEFITS SHOWN The City will contribute up to a maximum of $165 per month for group health, life, and dental insurance including dependent coverage. Employees not choosing dependent coverage cannot be covered at City expense for any additional insurane than the individual group health and group life insurance. Additional life insurance can be purchased at employee's expense to the extent allowed under the City's group policy. NON - ORGANIZED CITY EMPLOYEES: ---------------------- - - - - -- The City will contribute, effective with insurance premiums due January 1, 1987, payment of an amount not to exceed $165 per month toward the cost of coverage under the Brooklyn Center Group Hospital - Medical Insurance Plans, $5,000 Group Life Insurance Policy, and Group Dental Insurance as fringe benefit compensation for permanent full -time employees (and eligible dependents) who are not members of recognized bargaining units. CITY MANAGER: As provided in the City Manager's Personal Service Contract. -------------------------------------------------------------------- i -16- (AAPC7J) CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE J 1987 CITY MANAGER'S COMPENSATION AGREEMENT CITY MANAGER'S ------------------------------------ - - - - -- COMPENSATION AGREEMENT P D 10 0 -..d WPM NEP ------------------------------------------------------------------------------------------ TERMS AND CONDITIONS OF EMPLOYMENT: ---------------------------------- 1. The City Charter, adopted by the voters of the City of Brooklyn Center on November 8, 1966, created the position of City Manager. 2. Gerald G. Splinter was appointed City Manager effective October 17, 1977 (Resolution No. 77 -168) and is currently serving in that position. 3. The position of City Manager is not covered by the provisions of Chapter 17 of the City Ordinances. 4. Other conditions of employment are hereby explicitly stated: a. Mr. Splinter shall perform the duties and meet the obligations for the position of City Manager as set forth in the City Charter and Chapter 6 of the City.Ordinances. b. Mr. Splinter's salary for 1987 shall be $66,240 per annum and adjustment to the City Manager's salary shall be reviewed annually in conjunction with the establishment of salaries for City employees. c. The City Manager shall be granted sick leave and holiday benefits granted to other employees and commencing January 1, 1983 he will earn four weeks vacation per year. d. The City Manager shall reside within Brooklyn Center within twelve months following the effective date of appointment. e. The full premium cost for individual and family coverage under the Brooklyn Center Group Health and Dental Plan and /or Insurance Plan and the full premium cost for two times his annual salary of term life insurance under the Brooklyn Center Group Life Insurance Plan shall be paid by the City on the City Manager's behalf. f. The City Manager shall receive $250 per month if the City does not provide a car for the City Manager's twenty -four hour business use. g. In' the event of resignation, notice thereof shall be submitted in writing to the City Council at least 30 days prior to the effective date. h. In the event of dismissal by the City Council, the City Manager shall be notified at least 30 days in advance of the effective date of dismissal and shall be furnished a written statement of the reasons therefor, and further, shall be granted a hearing thereon, if requested. -17- 1987 City Manager's Compensation Agreement, Schedule J, Continued: ______________--______ ____-- _____________-- -_____ --- ___________-___ i. In the event of voluntary resignation or death, the City Manager shall receive sevrerance pay based on the severance plan established in the City Personnel Ordinance. j. In the event of involuntary resignation or dismissal, severance pay based on unpaid accrued vacation leave and six month's salary shall be paid to the City manager; however, in the event the City Manager is terminated because of his conviction of any illegal act involving personal gain to him, the City shall have no obgation to pay the aggregate severance sum designated in this paragraph. k. Minnesota State Law provides City Managers with a choice of pension plans: PERA or a deferred compensation fund. The City of Brooklyn Center will contribute to the qualified fund of the City Manager's choice a dollar amount equivalent to the required PERA contribution. -18- ti (AAPC7K) . CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE K PERSONNEL EXPENSE REIMBURSEMENT POLICY PERSONNEL EXPENSE ------- ------------ ---- --- ------ - - - - -- REIMBURSEMENT POLICY ..---------------------------------------------..__------_--_---_----------_-_------- It is necessary that there be a uniform policy of reimbursement for travel, lodging, meals, and mileage expenses incurred by City employees and officials while performing their duties as representatives of the City of Brooklyn Center. It is also necessary that existing reimbursement policies be reviewed annually, and be adjusted when necessary, to reflect the current costs of travel, lodging, meals, and the use of personal automobiles for business use. Therefore, all existing reimbursement policies are hereby ammended to be as follows for costs incurred on January 1, 1987 and thereafter: 1. Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. 2. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. 3. Requests for travel advances intended to defray costs incurred while on a trip • and prior to susbmission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. 4. Travel advances shall be limited to 90% of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 5. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: a. Transportation costs to and from the destination via coach, tourist, or economy class transportation. b. Lodging costs not to exceed a reasonable single occupancy rate as determined by the City Manager. c. Conference or meeting registration fees. d. Any unusual items for which advance approval has been obtained from the City Manager. 6. The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate of 21 cents per mile, an amount equal to air travel tourist class, whichever is the lesser. 4 -19- 1987 Personnel Expense Reimbursement Policy, Schedule K, Continued . 7. Reimbursement for meals while on authorized - travel will be for actual expenditures with a maximum of $24 per day allowable, including tips. There shall be no per diem for meals or any other expenses. The maximum meal reimbursement for any fraction of a full day shall be as follows: a. Breakfast - $5.00 b. Lunch - $7.00 c. Dinner - $12.00 The full cost shall be reimbursed for meals which are a scheduled activity of a conference or meeting and the cost of such meals is not included in the registration fee. 8. Employees and officials of the City shall be reimbursed for luncheon and dinner costs as authorized by the City Manager in accordance with the following provisions: a. The actual cost of the meal not to exceed $10.00 will be allowed for meals associated with attendance at training sessions when meals are an integral part of the program or when there are training sessions before and after the meal, or, for attendance at regular luncheon meetings of professional or related associations. b. The entire cost of related meals shall be reimbursed to those employees or officials designated to represent the City at meetings or other City business functions that the Council or City Manager deems necessary. 9. Employees or officials of the City who, in the conduct of official City business, are authorized or required to use their personal automobiles for transportation shall be reimbursed at the rate of 21 cents per mile for mileage incurred in the conduct of such business. An itemized mileage expense claim must be submitted to the City Manager for approval. 10. Certain employees of the City are required to drive a City vehicle to their home and keep it there while off -duty. They must do so to be able to respond to emergency situations. These emergency situations include fire and police protection, civil defense and restoring City services such as water, sewer, and streets. It may also be necessary to keep a City vehicle at home for security purposes or other City business purposes. These vehicles must be used for City business use only and cannot be used for the personal use of any employee. The employees who -are authorized to keep a City vehicle at their home on a regular basis while off -duty are as follows: The Director of Emergency Preparedness The Chief of Police The Supervisor of Street Maintenance The Supervisor of Parks Maintenance The Supervisor of Public Utilities The Liquor Stores' Manager -20- Member introduced the following resolution and moved its - adoption: � RESOLUTION N0. � �b RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET - ----- -- ----- -- - --- _- _---- _-- __------- - - - -__ WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Section 7.08 of the City Charter does provide for the transfer of unencumbered appropriation balances from one department to another within the same fund; and WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1986 General Fund Budget as follows: 1. Transfer $100,000 from the Contingency Appropriation in the Unallocated Departmental Expenses Budget (Account No. 01- 4995 00 - 80) to the following departmental appropriations in the amount shown: Legal Counsel (Department No. 18) $ 38,000 Data Processing (Department No. 20) 5,000 Vehicle Maintenance (Department No. 43) 20,000 Health Regulation and Inspection (Department No. 51) 12,000 Community Center Programs (Department No. 66) 10,000 Unallocated Departmental Expenses (Department No. 80) Insurance Accounts 15,000 $ 100,000 2. Transfer, from within the Unallocated Departmental Expenses Budget, $45,000 from the Salaries, Regular Employees, appropriation (Account No. 01- 4100 - 000 - 80) to the following accounts: Professional Services (Account No. 01- 4310 - 000 -00) $ 10,000 Insurance Accounts (Various Account Numbers) 35,000 $ 45,000 3. Increase the appropriations for the following departments in the amounts listed for the reason that the actual receipts from the activity exceed the budget revenue estimate by at least the amount of the appropriation increase: Recreation Adult Programs (Department No. 62) $ 50,000 Recreation General Programs (Department No. 65) 20,000 Weed Control (Deparmtment No. 46) 200 $ 70,200 Date Ma oyoy r ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 18, 1986 SUBJECT: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET I have attached a resolution which, if adopted by the City Council, will amend the 1986 General Fund Budget. This is the annual budget resolution which appropriates funds to those departments or accounts which would otherwise exceed their appropriations. In most instances, these are budget overruns that the Council had previously been made aware of or are overruns that Council policy allows if actual receipts from the activity exceed the revenue estimates by at least the amount of the overrun. The 1986 General Fund expenditures in total will be well within budget constraints and the 1986 revenues in total will exceed the estimates. All the overruns could easily be covered by transfers from underruns from other departments. However, in past years, it has been our practice to use the contingency account to cover the overruns. This is cleaner and leaves a better audit trail then transferring from one department to another. The transfers from the contingency appropriation in the amount of $100,000 are as follows: $38,000 is being transferred to the Legal budget. This estimate is based on billings through November. $5,000 is being transferred to the Data Processing budget. This projected overrun is caused by the failure to appropriate funds for repairs and maintenance (including maintenance contracts) when this department was split from Unallocated Expenses in 1986. $20,000 is being transferred to the Vehicle Maintenance budget. This projected overrun is caused entirely by an increase in premiums for our automobile insurance. $12,000 is being transferred to the Health Regulation and Inspection budget. This activity is administered by the City of Crystal. At budget time, we anticipated no capital outlay, but after our budget was submitted, Crystal approved the purchase of a microcomputer for the activity. Labor expenses were also higher than anticipated. $10,000 is being transferred to Community Center Programs budget. This transfer may not be needed. It appears that the Community Center will come within budget, but this transfer is a hedge - just in case. $15,000 is being transferred to the insurance accounts within the Unallocated Departmental Expenses budget. Our budget was set in October and we were not aware of the drastic insurance premium increases until December. The Council was informed at that time. The balance of the insurance overrun, in the amount of $35,000, will be transferred from the Salaries account in the Unallocated Departmental Expenses budget. $10,000 is being transferred to the Professional Services account from the Salaries account. This amount will fund the risk management audit that the Council authorized. And finally, the Adult and General Recreation Programs are being increased by $70,000 and the Weed Control budget by $200. These increases are based on additional revenues being generated by the activities in an amount at least equal to the overruns for those activities. Additional programs were added during the year that were not anticipated at the time that the Budget was adopted. This is in accordance with City Policy. Paul W. Holmlund Member introduced the following resolution and moved its adoption: RESOLUTION N0. 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 permanent transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, on September 23, 1985, the City Council adopted Resolution No. 85 -179 which approved the 1986 Annual Budget for the City and encumbered Federal Revenue Sharing funds in the amount of $205,000 to be transferred to the General Fund subsequent to the expenditure of funds by the General Fund for appropriations in said 1986 Annual Budget; and WHEREAS, certain expnditures have been made from the General Fund, and they are as follows: Voucher Divi- Date Number sion Amount Vendor Purpose -- - - - -- ----- - - - - -- 05/21/86 147284 20 $ 11,554.40 LOGIS Computer equipment 12/01/86 328741 3" 45,860.00 Polar Chevrolet 4 Police sedans 03/19/86 083684 32 13;487.00 Polar Chevrolet 1986 Suburban 02/20/86 055685 4't 10,383.38 Brookdale Ford Inc. 1986 van 07/23/86 209300 42 87,235.00 Mac Queen Equipment Elgin street sweeper 07/23/86 209660 42 23,687.00 Brookdale Ford Inc. 1986 F800 dumptruck 05/07/86 132682 43 5,167.00 NW Service Station Hoist & cylinders 04/23/86 118752 69 14,955.50 Kortuems Sales Two 935 mowers 04/09/86 104801 69 7,821.00 Cushman Motor Co. 1986 Cushman 03/05/86 069658 69 7,387.00 Brookdale Ford Inc. 1986 Ford Ranger TOTAL $ 227,537.28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $190,000 from the Federal Revenue Sharing Fund to the General 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. Member introduced the following resolution 0 and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PURCHASE OF OPTECH III -P OPTICAL SCAN VOTING SYSTEM AND SUPPORTING EQUIPMENT WHEREAS, on September 22, 1986 the City Council appropriated funds in the amount of $58,600 for the purchase of an optical scan voting system and supporting equipment in the 1987 Budget; and WHEREAS, on December 18, 1986 the Secretary of State certified the OPTECH III -P; and WHEREAS, a proposal has been obtained from Business Records Corporation (BRC), the only manufacturer of this equipment; and WHEREAS, BRC has submitted a quote based upon quantity purchases, such quote being predicated on the assumption that orders from Hennepin and Ramsey County jurisdictions be received on or before December 31, 1986; and WHEREAS, the prices quoted before quantity discounts are as follows: EQUIPMENT QUOTE OPTECH III -P $4,800 Memory Cartridge $ 225 Voting Booth $ 181 WHEREAS, it has been determined that the City of Brooklyn Center would need to purchase 11 OPTECH III -P units, 11 backup memory cartridges and 76 voting booths. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The Purchasing Agent is hereby authorized to issued a purchase order in the total amount of $69,031. 2. Said purchase order will be issued prior to December 31, 1986 in order to qualify for any quantity discounts which are available to Hennepin and Ramsey County jurisdictions. 3. Business Records Corporation will notify the City of Brooklyn Center of the amended purchase price after all quantity discounts have been figured. RESOLUTION NO, Date Mayor ATTEST: Clerk The motion for the adoption of the forgoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Darlene Weeks, City Clerk DATE: December 19, 1986 SUBJECT: Purchase of OPTECH III -P Voting Equipment Upon recommendation by the Hennepin County Voting Equipment Task Force of the OPTECH III -P, Hennepin and Ramsey Counties requested Business Records Corporation, the only manufacturer of said equipment, to submit a quote on quantity purchases. The following proposal was submitted by BRC and is predicated on the assumption that orders from Hennepin and Ramsey County jurisdictions must be received on or before December 31, 1986 in order to qualify for the quantity discounts. Therefore, the purchase order must be written for the full amount. After January 1, 1987, when the total quantity ordered has been determined, BRC will send an appropriate letter to each jurisdiction amending its purchase price accordingly. I understand as of this date that both Minneapolis and St. Paul have voted to go with this new system, thus guaranteeing the lowest price on the OPTECH III -P. (The OPTECH III -P was certified by the Secretary of State on December 18, 1986.) OPTECH III -P WITH VOTING SUPPLY CASE Quantity Range Unit Cost Less than 100 $4,800 101 - 200 4,704 201 - 300 4,608 301 - 400 4,512 401 - 500 4,368 501 and over 4,176 It is recommended that we order 11, which would be one for ' each of the nine precincts plus two backups. Backup portable memory cartridges for the scanners are quoted at $225 each. We Will need 11 of them. BRC has also submitted a quote for quantity purchase of voting booths. At this time they are the only company manufacturing freestanding booths which have a light and which Gerald G. Splinter -2- December 19, 1986 can handle a paper ballot. We need to order 76 booths, nine of which are handicapped accessible. With receipt of Minneapolis' order for booths Hennepin County tells me they have received more than 1000 orders. The discounts for the booths are as follows: Voting Booths Number Cost 1 - 9 $190.00 10 - 249 181.00 250 - 499 173.80 500 - 999 166.60 1000 - Up 163.00 Because we will not have an election until 1988, delivery of the new equipment will be sometime prior to June 30, 1988. 11 OPTECH III -P @$4,800 $52,800 11 Backup cartridges @$225 2,475 76 voting booths @$181 13,756 $69,031 After discount: 11 OPTECH III -P @$4,176 $45,936 11 Backup cartridges @$225 2,475 76 voting booths @$163 12,388 $60,799 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION TO APPROVE EXPENDITURE OF DATA PROCESSING APPROPRIATION IN THE 1986 GENERAL FUND BUDGET FOR AN AUTOMATED LOGIS FIRE INFORMATION SYSTEM WHEREAS, the City Council did appropriate the sum of $8,500 in the Data Processing section of the 1986 General Fund Budget for an automated fire information system; and WHEREAS, the City Council also directed that the funds could not be expended without specific authorization from the City Council; and WHEREAS, the Chief of the Brooklyn Center Volunteer Department has reported that LOGIS has developed both a system for a minicomputer at the LOGIS central site and a system for a microcomputer to be located within City Hall and that he recommends the mocrocomputer system; and WHEREAS, the City Manager has recommended that the City acquire a microcomputer and install the Fire Information System: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the expenditure of $8,500 appropriated in the Data Processing Budget to purchase the equipment necessary to install the Fire Information System offered by LOGIS. Date Mayor ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 18, 1986 SUBJECT: RESOLUTION TO APPROVE EXPENDITURE OF DATA PROCESSING APPROPRIATION IN THE 1986 GENERAL FUND BUDGET FOR AN AUTOMATED LOGIS FIRE INFORMATION SYSTEM I have attached a resolution which, if adopted by the City Council, will allow the expenditure of funds for the acquisition of equipment needed to implement the new LOGIS Fire Information System. The City Council approved an appropriation of $8,500 in the 1986 General Fund Budget for this system. However, they also directed that these funds not be expended without their specific authorization. LOGIS has developed two fire information systems using two different hardware approaches. One system was developed to operate on the LOGIS mainframe at a central site and the other system was developed to operate on a microcomputer at each participating City. Fire Chief Ron Boman has discussed both systems with LOGIS staff and has recommended that we use the microcomputer system. To do that, we must purchase a microcomputer and associated equipment that approximates the $8,500 budgeted. I have attached copies of memorandums from LOGIS, that I requested, which describes the systems and costs. It appears that the microcomputer approach would be best for us. It would be cheaper in the long run and give us more flexibility to do other related fire applications on our own equipment. We may be able to obtain other "canned" programs that we can use. As you and I discussed, the micro would be located in City Hall and could be used by other departments should the need exist. Paul W. Holmlund�' '�"'- MEMORANDUM To: Paul Holmlund From: Rich Sonenblum Re: Fire Information System, Micro vs. Mini Date: December 10, 1986 L Q G 1 5I_] i ___� i The Fire Information System (FIS), now under development at LOGIS, is being planned for operation using two different hardware approaches: 1. Minicomputer at LOGIS central site. 2. Microcomputer at the city. While a great majority of the applications offered by LOGIS are for operation on the central site minicomputer, FIS is a good candidate for implementation on a microcomputer using a hard drive for storage. The reasons for the feasibility of this approach are as follows: 1. Financial. The Fire Chiefs who have expressed interest in acquiring an automated system for their fire departments, believed the likelihood of approval for the more expensive minicomputer approach was very slim. 2. Processing Power. The computer processing power necessary to efficiently operate FIS is attainable with a microcomputer. 3. Storage. A 15 to 30 megabyte hard drive will sufficiently meet all practical storage needs for programs and data. 4. Installation. The ease and expense of installation for the often times physically separate (from city hall) fire department is greatly improved with a stand alone microcomputer approach. 5. Microcomputer. Even if a city decides to go the minicomputer route the acquisition of a microcomputer to be used as a terminal would be a wise decision. There is some specialized software available for fire departments which the HP Vectra, an IBM AT compatible machine, can run. It is very unlikely that LOGIS will ever build its own versions of this specialized software. 6. Micro to Mini Later. If and when there becomes a need to convert from the microcomputer to the minicomputer approach,this path will be paved. That is, this issue is being addressed now in the design phase. MEMORANDUM To: Paul Holmlund , ( 1� 1 From: Rich Sonenblum Re.: Fire Information'System Overview U Idu U1 J I (_ Date: December 1, 1986 i Background In 1984 efforts began to assess the level of interest that existed to automate aspects of fire department functions. The interest level was very high. After determining that such a development project was feasible for LOGIS to take on, the design phase was funded and is now near completion. The design phase is now nearing completion. The work remaining to be completed includes programming, testing (LOGIS and pilot site), documentation, and of course implementation. Two versions will eventually be in production. One for stand alone microcomputers and another for operation out of the LOGIS mainframe on a terminal. The Incident Data module will be automated and put into production first. A design team has worked on this project, meeting every two or three weeks, for over a year and a half. The team is composed of representatives from the following cities: Coon Rapids, Fire Chief: Bill Thompson Edina, Fire Chief: Ted Paulfranz St. Louis Park, Clint Pires: MIS Coordinator St. Louis Park, Fire Chief: John Kersey St. Louis Park, Fire Chief: Gloria Morse Also, joining this group in recent months were: Coon Rapids, MIS Coordinator: Scott Coltrane Crystal, Fire Chief: Art Quady Golden Valley, Fire Marshal: Sean Gormley Representatives of other city fire departments have provided input in the form of sample reports and forms. Discussion The Fire Inspection system is designed to record and report on the following: 1. Incident Data a MFIRS -1 Standard State Report b. Additional Incident Data (including firefighters present) 2. Preplan (including hazardous materials) 3. Personnel (including training) 4. Inspections Interest or intent to use this system can only be estimated now, but appears to be significant. Three to six fire departments have already budgeted for operating the Fire Information System in their cities in 1987. MEMORANDUM TO: Fire Chiefs DATE: May 29, 1986 FROM: Rich Sonenblum SUBJECT: COSTS (FOR BUDGETING PURPOSES) OF THE FIRE INFORMATION SYSTEM The attached documents detail the costs for the computerized Fire Information System which is currently being built. Again, there are two major options: 1. Mainframe /Terminal approach: hook -up to LOGIS central computer. 2. Microcomputer approach: stand -alone independent of the LOGIS central computers. Please call me, Rich Sonenblum, at LOGIS 566 -0051 if LOGIS ( 566-0051), you y have any questions. RS /t rl r LOCAL GOVERNMENT INFORMATION SYSTEMS ASSOCIATION fr FIRE SYSTEM COSTS (Microcomputer Approach) ACQUISITION OF LOGIS FIRE INFORMATION SYSTEM "Purchase" System $ 0 *RB 5000 Run Time 90 Total $ 90 * *Conversion to $ 200 HP Vectra /IBM EQUIPMENT AT <or> HP150 Microcomputer $2560 ! HP Vectra Microcomputer$3249 "a MNW ! Model 45(IBM Compatible) Memory Boar 365 ! 20 Mg Hard Drive 1395 (for 640 K memory) ! Monitor 325 20 Mg Hard Drive 2465 ! Video Interface Brd 325 with Floppy Drive ! PAM /DOS 85 Printer and Cable 740 ! ** *Tape Cartridge Backup1990 ** *Tape Cartridge Backup1990 ! Disc /Tape Interface Brd 199 Surge Protector 50 ! Serial /Parallel Brd 150 Static Mat (keyboard) 50 ! Printer and Cable 1040 ! Surge Protector 50 $8220 ! Static Mat (keyboard) 50 Less LOGIS Disc.(25 %) 2045 _____ ! $8558 Total $6135 ! Less LOGIS Discount 2129 i ! Total $6485 INSTALLATION $ 40 ; Q lme® E soot ��� on;�- � 5 P 0 SUPPLIES 'S. 0 �� � v� C AV Paper ($8.99/1000) $ 45 /yr Ribbon (3) 45 /yr S�F' Total $ 90 /Year ON GOING SERVICES /CHARGES Equipment Maintenance: HP 150 HP Vectra 1st yr 2nd yr 1st yr 2nd yr HP150 /Vectra $ 60 $120 /yr $ 78 $156 Hard Drive 60 96 /yr 60 96 Printer 80 120 /yr 80 120 ** *Tape Backup 42 84 /yr 42 84 ac =a ava= as == aaaa $242 $420 $260 $456 System Support from LOGIS (Telephone Hot Line, System Updates): $360 /yr Training: $100 1yr Totals HP150: $702(1st yr) HP Vectra: $720(1st yr) $880(2nd yr) $916(2nd yr) * ** *ADDITIONAL OPTIONAL SOFTWARE Word Processing Microsoft WORD $375 Spreadsheet Deluxe Visi cal c 250 $625 Less LOGIS Disc. (25 %) 156 $465 * Ruh Time: Required payment to MICRORIM (creators of RB5000, the product used to build the Fire System). ** It is possible that the procedures to adapt the Fire System to run on an IBM iicrocomputer (or HP Vectra) will require enough resources' charge this fee. * ** Tape Cartridge Backup System: May not be required in the first or second years. * ** *,The purchase of this microcomputer software is suggested, but not necessary in the first year. Please call Rich Sonenblum at LOGIS (566 -0051) if you have any questions. FIRE SYSTEM COSTS (Mainframe /Terminal Approach) CHARGE FOR OPERATION OF LOGIS FIRE INFORMATION SYSTEM "Purchase" System $ 0 *Base Charge 2400 /yr *User Activity Charges ? Total $2400 /Year EQUIPMENT HP 2392A Terminal $1375 Printer Port 210 $1585 Less LOGIS Disc.(18 %) 285 $1300 Printer 700 Less' .'LOGIS Disc.(25 %) 175 $1825 Cables /Connectors 35 Total $1860 * *Communications Eq. INSTALLATION $ 40 SUPPLIES Paper ($8.99/1000) $ 45 /yr Ribbon (3) 45 /yr Total $ 90 /Year ON GOING SERVICES /CHARGES Equipment Maintenance: HP 2392A Terminal $ 72 /yr Printer 120 1yr Computer Port Charge $290 /yr Adm. Module Charge $643/yr Training: $100 /yr Total $1223 ' r * User Activity Charges: service charges for new applications begin with a "guesstimate" of an initial monthly flat fee. This fee is based on the new application's similarity to other operational applications and a "reasonableness" figure as determined by end users. After about a year of operational experience LOGIS will use resource consumption statistics (operating labor, disc storage space, supplies, commumnications, and computer time) to establish a service charge schedule in accordance with use of system resources. ** Communications Equipment: Special communications equipment may be necessary for this mainframe approach. Please call Rich Sonenblum at LOGIS (566 -0051) if you have any q uestions. Member introduced the following resolution • and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) 28,000 GVW CAB AND CHASSIS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of Two (2) 28,000 GVW Cab and Chassis are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of Two (2) 28,000 GVW Cab and Chassis in accordance with said specifications. 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 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR Two (2) 28,000 GVW CAB /CHASSIS 1. GENERAL All bids must be received at the office of the City Clerk on or before 11:00 a.m., January 13, 1987, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for 28,000 GVW Cab /Chassis. It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The cab /chassis proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this ro 0 sal are P p descriptive but not restrictive and used only indicate icate type and standard of material or equipment desired. The cab /chassis the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the cab /chassis the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all costs in connection with such suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new truck warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible, 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and service; as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing fiue (5) days prior to the opening of the bids. PROPOSAL TWO (2) 28,000 GVW TRUCK CAB /CHASSIS Honorable City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: We proposed to furnish and deliver two (2) 28,000 GVW Truck Cab /Chassis according to the specifications at the following bid price: Bid Price (Each) Total Bid $ Deliver Date (calendar days) Signed Firm Name Address cit Zi p Telephone Date Bid Opening: 11:00 a.m. January 13, 1987 VEHICLE SPECIFICATIONS GVW 28,000 pound minimum Wheel Base 144 inch wheel base 72 inch cab to axle dimension Frame Section modules including reinforcements shall be not less than 15.9 with a rbm of not less than 915,000 inch pounds. Provide extended integral front frame, with an additional crossmember. Furnish front PTO adapter. Engine Gasoline powered, V -8 design, 400 CI minimum, 206 HP minimum, equipped with full flow oil filter, fuel filter, air cleaner and governor. Axles Front - 10,000 pound capacity minimum Rear - 21,000 pound capacity minimum Transmission Allison Automatic MT 653 or equal Brakes Service - hydraulic, split system, 1000 cubic inch vacuum reservoir Parking - Hydro -max brake system - dash mounted Steering Power assist S Fuel Tank 50 gallon capacity minimum Step tank mounted on 1 side of truck Cab Standard cab shall include: Bostrom T -Bar model driver seat Bostrom companion seat Dual exterior rear view mirrors 6" x 16" Retrac Dual sunvisors Dual exterior grab handles Full headliner, rubber floor mat High output heater and defroster Hand throttle Windshield wipers 2 speed, electric Dash mounted A.M. radio All glass tinted Electrical Alternator - 90 amp minimum Gauges - ammeter, oil, water temperature & tachometer Battery - one (1) maintenance free, 535CCA at 0 degrees F VEHICLE SPECIFICATIONS - CONTINUED Wheels & Tires Cast spoke design wheels, 2 piece rims = 8.0" minimum First line tube type tires 10.00 x 20, 14 ply radial Regular tread front, on -off highway tread rear Bidder to furnish spare rim, also furnish and install mechanical back -up alarm on rear wheel Bumper Front Color Chrome yellow Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A HOUSING BOND PROGRAM FOR THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS, AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act "), the City of Brooklyn Center (the "City ") is authorized to adopt a housing plan and carry out programs for the financing of single family housing which is affordable to persons of low and moderate income; and WHEREAS, the Act requires adoption of the housing plan after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least thirty days in advance of the hearing; and WHEREAS, the City has adopted a housing plan (the "Plan ") after at least thirty (30) days published notice and otherwise as required by the Act; and WHEREAS, the Plan provides for programs for the issuance of bonds to finance the acquisition of single family housing primarily by pers -ns apd families of low or moderate income in accordance with -ae goals, conditions and requirements of the Plan; and WHEREAS, the Act requires adoption of a housing finance program after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least fifteen (15) days in advance of the hearing; and WHEREAS, the City has on this date conducted a public hearing on a single family housing bond program (the "Program "), after publication of notice as required by the Act; and WHEREAS, the Program was submitted to the Metropolitan Council at the time of publication of notice of the public hearing, and the Metropolitan Council has been afforded an opportunity to present comments at the public hearing, all as required by the Act; and WHEREAS, the Program provides for the issuance of single family mortgage revenue bonds in an aggregate amount not exceeding $10,000,000 (the "Bonds ") to finance the acquisition of single family housing primarily by persons and families of low or moderate income and first -time homebuyers, all as more fully described in the Program attached hereto as Exhibit A; and t RESOLUTION NO. WHEREAS, the Act further requires submission of the Program to the Minnesota Housing Finance Agency (the "MHFA") by January 2, 1987 in order to be considered for an allocation by the MHFA of authority to issue qualified mortgage bonds pursuant to Minnesota Statutes, Section 462C.09; and WHEREAS, the City on the date hereof has conducted a public hearing on the Report after publication of notice of such hearing at least fifteen (15) days prior to the date hereof in a newspaper of general circulation in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. That the program for the issuance of single family housing revenue bonds in an aggregate principal amount not exceeding $10,000,000 (the "Bonds ") is hereby in all respects adopted in the form attached hereto as Exhibit A. 2. That the City hereby approves issuance of the Bonds pursuant to the Program and hereby authorizes the staff of the City to cause the Program to be submitted to the MHFA, to do all other things and take all other actions as may be necessary or appropriate to carry out the program in accordance with the Act and any other applica -'.e laws "and regulations. 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. J t MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 11, 1986 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. Chairman Lucht noted that Commissioners Lowell Ainas and Ann Wallerstedt had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - November 13, 1986 Motion by Commissioner Sandstrom seconded by Commissioner Malecki to approve the minutes of the November 13, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom and Bernards. Voting against: none. Not voting: Commissioner Nelson. The motion passed. APPLICATION NO. 86042 AND 860 (Lombard Prope Inc.) ko7iowing Me Ma7irman's exp`Iana`t ion ^fie -Seccretary rEv the first two items of business, a request for a variance from the Sign Ordinance to allow a permanent project identification sign for the Shingle Creek Business Center (Application No. 860 and a request for a variance to allow two off -site directional signs at the intersections of Shingle Creek Parkway and Parkway Circle (Application No. 860 The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application No. 86042 and 860 attached). Regarding the project identification sign, the Secretary noted that the signs at the Brookdale complex would not require a variance under the present ordinance because that complex is a unified, attached complex. Chairman Lucht asked the applicant whether he had anything to add. Mr. Steve Mosborg with Lombard Properties stated that he had nothing to add to the staff report. PUBLIC HEARING (Application Nos. 86042 and 86043) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Sandstrom asked what other signs might be permitted as a result of the precedent created by approving the project identification sign. The Secretary stated that there was already some precedent for such a sign. He stated that other similar situations would have to have common ownership and access over a multiple parcel development. The Secretary also stated that the signery proposed fits 12 -11 -86 -1- r 1 within the sign package and that there is a consistent theme throughout the development. Commissioner Sandstrom asked whether there would be more signery than normal. The Secretary stated that the proposed sign would substitute for any freestanding sign for the office building. He stated that that building would only be allowed a wall sign up to 10% of the wall area. Commissioner Bernards asked about the illumination of the signs. Ms. Cheryl O'Donnell of Sign Consultants explained that the signs would be internally lighted on both the directional and project identification signs. She stated that the signery would be low key in nature and would be aesthetically attractive. Commissioner Bernards asked how the lighting would be controlled. Ms. O'Donnell stated that it would be on a timer that would automatically turn it off at a certain time. Mr. Mosborg of Lombard Properties stated that the sign would probably be lit from dusk until about 1:00 a.m. ACTION RECOMMNDING APPROVAL OF APPLICATION NO. 86042 (Lombard Properties, Inc.) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 86042, subject to the following conditions: 1. No other freestanding sign within the Shingle Creek Business Center complex shall have an impact plan larger than the 127.5 sq. ft. of the largest panel of the proposed project identification signs. 2. A deed restriction limiting freestanding signs within the Shingle Creek Business Center to 127.5 sq. ft. shall be executed and filed with the title to the affected properties. 3. The permit for the proposed freestanding project identification sign shall not be issued until the building permit is issued for the planned office development on the same parcel. Any resubdivision of the land parcel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard or development proposal for something other than a multi - storey office development shall invalidate approval of this application. 4. The freestanding project identification sign authorized by this variance shall be in lieu of any and all other freestanding identification signs permitted by the Sign Ordinance for the property on which it shall be located. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson and Bernards. Voting against: None. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86043 (Lombard Properties, Inc.) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend approval of Application No. 86043, subject to the following conditions: 1. No freestanding identification sign for an off -site property listed on the directional signs located at the intersections of Parkway Circle and Shingle Creek Parkway may be readily visible from the public streets. 2. The applicant shall install street signs denoting Parkway Circle and Shingle Creek Parkway that are consistent with the City's street signs at the two intersections in question prior to release of the financial guarantee for Parkway Place (6601 Shingle Creek Parkway). 12 -11 -86 -2- 3. The message of the directional signs shall be clearly directional in nature and subject to the height and size requirements of the Sign Ordinance. Variance approval pertains to location only. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 86044 (Ed Trombley) The Secretary then introduced the next item of business, a request for preliminary plat approval to resubdivide into two buildable lots the land at the southeast corner of 61st and Colfax Avenues North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86044 attached). Chairman Lucht then asked the applicant whether he had anything to add. Mr. Trombley responded in the negative. PUBLIC HEARING (Application No. 86044) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 860 (Ed Trombley) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend approval of Application No. 860 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing wood shed on the proposed Lot 1 shall be relocated outside of the proposed drainage and utility easement along the easterly 5' of the property prior to release of the final plat for filing at the County. 4. The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 5. No building permit shall be issued for a structure on the proposed Lot 2 until the proposed plat has received final approval and been filed at the County. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NOS. 86045, 86046 AND 86047 (Crown Coco, Inc.) The Secretary then introduced the next three items of business, a site and building plan and special use permit approval to construct a 4,000 sq. ft. convenience store /gas station on the old Arthur Treacher's site at 6100 Brooklyn Boulevard 12 -11 -86 -3- (Application No. 86045) ; a request for a variance from Section 35 -400 of the Zoning Ordinance to allow a 10' rear yard setback rather than a 40' setback required by ordinance; (Application No. 86046) and a request for a variance from Section 35 -704 of the Zoning Ordinance to allow fewer than the required number of parking stalls for the convenience store /gas station. (Application No. 86047). The Secretary reviewed the contents of the staff reports for these applications (see Planning Commission Information Sheets for Application Nos. 86045, 86046, and 86047 attached). The Secretary also pointed out in his review of these applications that access permits from Hennepin County must be received prior to issuance of any building permits. He stated that he had no knowledge of what the County's position would be on such permits. The Secretary also stated that an alternate plan for the site had been submitted at 2:30 p.m. that day. He showed the Commission a transparency of that site plan and noted that it came closer to ordinance requirements, but that staff had not had time to fully evaluate the proposal. Commissioner Nelson asked the Secretary to summarize the staff recommendations. The Secretary stated that the staff recommended denial of the variances and that the site and building plan /special use permit be tabled until an acceptable plan was submitted. Chairman Lucht asked the applicant whether he had anything to add. Mr. John Finley, an attorney representing Crown Coco, Inc., then addressed the Commission at some length. He pointed out that a variance relating to the separation of curb cuts had been eliminated. Mr. Finley also stated that there were 35 parking spaces shown on the site plan, but that some stalls were not counted by staff because of the amount of area for driving lanes. He explained that the driving lane did not amount to 24' in addition to an 8' wide area for a parallel parking stall. He stated that if the Planning Commission is comfortable with a reduced driving lane on the outside of the west island and the lane between the easterly island and the building, no variance would be needed on parking. Mr. Finley stated that the main issue is the size of the building and that the most significant variance is the rear yard setback. He explained that most convenience stores being built at present are 6,000 sq. ft. He also pointed out that the proposed rear yard setback of 10' was not significantly different from the rear yard setbacks of other buildings in the area. He added that he could see no real reason for a large rear yard setback. He stated that the site would function better with the building set back further on the property. Mr. Finley also pointed out that a smaller building would contribute less to the City's tax base. He pointed out that the difference in taxes between the proposed building and the existing building on the site not being used is approximately $15,000 per year. Mr. Finley went on to state that the pumps could be realigned on the site to run parallel with Brooklyn Boulevard and to meet the concerns of the staff regarding turning movements onto and off of Brooklyn Boulevard. Mr. Finley stated that he thought the accesses met the requirements of the Zoning Ordinance and was surprised to hear that they would present a problem. Mr. Finley concluded by stating that tabling the application would essentially make the project impossible. He stated that an alternate plan with a 40' rear yard setback is also a possibility. He apologized to the Commission for the slipshod manner in which the application had been submitted and the lateness of the recent submittal. 12 -11 -86 -4- Chairman Lucht asked the Commission if they had any questions of the applicant. Commissioner Sandstrom asked whether there would be room for a car to get by another car at the pumps. Mr. Finley stated that the minimum opening on the outer lane is 25' and for the lane next to the building 26 1 . He stated that these provide enough space for a car to be parked at the island and for at least one car to bypass. He pointed out that staff recommended a 32' lane to allow for an 8' wide parking stall and a full 24 driving lane for two -way traffic. He acknowledged that the plan provided somewhat less on the driveways at the outer ends of the islands. Commissioner Malecki asked what the colors of the building would be. Mr. Finley responded that it would be brown brick. Commissioner Malecki inquired as to the facia treatment. Mr. Finley answered that that could also be painted brown. Chairman Lucht stated that he had a problem recommending a variance for a use that was not even recommended in the City's Comprehensive Plan. He stated that he was not convinced of the need for a convenience store in this location. Mr. Finley responded that there are only two convenience stores in a 2 112 mile radius of this site. As to the Comprehensive Plan, Mr. Finley noted that the zoning of the property is proper for the convenience store and gas station although it is in conflict with the recommendation of the Comprehensive Plan. He noted that the zoning designation of the property prevails. Chairman Lucht acknowledged that the gas station use was acknowledged under the C2 zoning district, but that variances to allow such uses were not. Mr. Finley stated that the applicant could meet the parking requirements, but that the real issue is the rear yard setback. He then showed the Planning Commission various pictures of the general area behind the site. He noted that there are no residences immediately adjacent to this site. Commissioner Sandstrom stated that the City had to be concerned regarding setting a precedent in allowing a rear yard setback variance. He asked how often cars sit at the pumps while people go in to shop in the store. Mr. Finley responded that this happened quite often. Commissioner Sandstrom stated that he thought that would cause a problem because the pumps would be blocked when new gas customers wanted to come in to the site. Mr. Finley responded in turn that this problem would result more from not having enough pumps than from having too many. He stated that providing more parking spaces on the site while eliminating spaces at the pumps might cause problems if people behave the way they generally do at such convenience store /gas stations. The Planner then clarified for the Commission the status for some of the proposed parking stalls. He pointed out that one stall was proposed in front of the dumpster enclosure and that this would not be a permitted location. He noted that two other stalls were not realistic based on the turning movements from the stalls at the gas pumps. He stated that the choice was between accepting stalls at the pumps and stalls elsewhere on the site. The Planner further commented that the concern of staff regarding the access to the site is not the location of the access so much as the ability of the drivers to make smooth turning movements onto the site and avoid possible congestion on Brooklyn Boulevard. He stressed that traffic flow on Brooklyn Boulevard is a very major concern with this application. PUBLIC HEARING (Application Nos. 86045, 86046 and 86047) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone else present wished to speak regarding the application. Mr. Tony Kuefler of 5943 Abbott Avenue North stated that he was also very concerned regarding traffic movement on Brooklyn Boulevard. He stated that he felt the site seemed too small for the use proposed on it. He recommended that the Commission grant no variances 12 -11 -86 -5- whatever for the proposed use. He also recommended that no outside storage be allowed at the proposed gas station. He stated that he was concerned regarding the image of Brooklyn Boulevard which is Brooklyn Center's main street. Mr. Kuefler also recommended that the items called for in the staff report be required of the applicant. He concluded by stating that he did want to see the site utilized, but that another gas station in the area may not be wise. He stressed again the need to minimize the impact of a use such as the proposed gas station /convenience store on both Brooklyn Boulevard and on the adjacent neighborhood. Mrs. Diane Reem of 6225 Chowen Avenue North expressed concern regarding the proposed use and access onto Brooklyn Boulevard. She stressed that access onto Brooklyn Boulevard was a major concern of the Brooklyn Center Comprehensive Plan and that the proposed development would complicate the problem by adding another access. She also expressed concern regarding the fact that the convenience store would be open 24 hours, the lighting that would be on through the night and the items that might be sold at a 24 hour store. Mr. Harold Uecker of 3102 Lawrence Road stated simply that he agreed with all of the comments made by Mr. Kuefler and Mrs. Reem. Chairman Lucht then asked whether anyone present wished to speak regarding the application. Hearing no one, he asked the Commission whether they were disposed to continuing the public hearing or closing it. The consensus was that they would probably recommend tabling the matter and the that public hearing should, therefore, be continued. CONTINUE PUBLIC HEARING (Application Nos. 86045, 86046 and 86047) o ion y commi ssioner an s rom seconTed - by Commissioner lie son to continue the public hearing on the applications pertaining to the proposed gas station /convenience store at 6100 Brooklyn Boulevard. The motion passed unanimously. Chairman Lucht then asked the Commission for their thoughts regarding the requested variances. Commissioner Sandstrom expressed concern over a 24 hour operation and the possibility of outside storage. He stated that these aspects of the operation would not help the image of Brooklyn Boulevard. Commissioner Malecki stated that she agreed with Mr. Kuefler. She stated that granting the special use permit is enough and that variances are not warranted. Commissioner Nelson stated that he did not feel as strongly about the variances. He stated that, as proposed, they certainly seemed excessive. He suggested tabling the variances in the event a slight variance might be justified in light of a revised plan. He stressed that the main concern was to find an acceptable site plan and that without that, the other applications were meaningless. He commented that he did feel 10 feet is too shallow for a rear yard setback. ACTION TABLING APPLICATION NOS. 86045, 86046 AND 86047 (Crown Coco, Inc.) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to table Application Nos. 86045, 86046 and 86047 with direction to the applicant to provide additional information as indicated in the staff report. While the motion was on the floor, Mr. John Finley again approached the Commission and explained the time factor facing the applicant. He asked for a clarification that tabling the matter would put it off until January and that it would not go to the City Council on December 22. Chairman Lucht responded in the affirmative. Mr. Finley suggested the possibility of working with staff in the next few days to iron 12 -11 -86 -6- matters out and take the application to the City Council, without a recommendation at all if necessary. Chairman Lucht stated that he was opposed to passing applications along to the City Council without a recommendation. He stated that, in the past whenever the Planning Commission has hurried an application along, there have been problems. He stated that in this case, there is nothing to recommend since there is no plan that meets the requirements of the City Ordinance and variances would not be recommended.. Commissioner Nelson agreed, stating that there was nothing to gain by rushing the plan to to the City Council without a recommendation. Commissioner Bernards agreed as well. He told the applicant that he appreciated the time constraint, but that the Commission is charged with a duty to do a full review and not simply delegate that to the staff. Commissioner Sandstrom also concurred. Commissioner Malecki pointed out that the land and the building have been standing unused for quite some time and that she saw no reason to suddenly approve a use of the property when it did not meet the requirements of the City ordinance. Mr. Bob DeVere of Crown Coco, Inc. explained to the Commission that the property went to bankruptcy approximately a year ago and that the original bidder did not follow through with the redevelopment of the property. He stated that Crown Coco, Inc. was the second highest bidder and was given the opportunity to pursue development of the property within the limits of the original purchase agreement, which put an end date of January 1 on closing on the property. He stated that they had sought an extension of their purchase agreement, but that the extension was denied. The Planner pointed out that, in all likelihood, no one else would make use of the property prior to January 1, 1987 and that the property would go on the market for new bids. VOTE ON PREVIOUS MOTION Voting on the motion to table Application Nos. 860+5, 860+6 and 860+7 were: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. DISCUSSION ITEMS 1987 Meeting Schedule The Secretary then reviewed with the Commission the meeting schedule for the Planning Commission in 1987 as proposed. He noted that the August 27 meeting could possibly be cancelled because of the difficulty of the September schedule. He explained that the City Council schedule in September was made difficult by Labor P Y Day and budget meetings. Commissioner Nelson noted a conflict between the June 25 meeting and the Earle Brown Days Parade. The Secretary stated that the staff could watch the agenda in June to see whether it would be possible to combine any applications that come in in the second half of that month with the first meeting in July. Reappointment The Secretary also noted that Chairman Lucht and Commissioners Bernards and Ainas would be up for new terms on the Planning Commission. He urged those whose terms were expiring to contact the Mayor as to their desire in staying on the Commission or not. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Commission adjourned at 10:05 p.m. Chairman 12 -11 -86 -7- Planning Commission Information Sheet Application No. 860 PP 2 � Applicant: Lombard Properties Location: Northwest corner of Freeway Blvd. and Shingle Creek Pkwy. Request: Sign Variance The applicant requests a variance from the Sign Ordinance to allow a permanent project identification sign for the Shingle Creek Business Center on the parcel of land at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. The business center included RCM Plaza and Parkway Place office /industrial buildings, the Shingle Creek Eleven speculative industrial building, the Ramada Inn, a vacant landlocked tract north of Ramada Inn, and a vacant parcel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard planned for office development. The entire area is zoned I -1 ( Industrial Park) and is bounded on the north by MTC bus garage and Spec. 9 industrial building, on the east by Shingle Creek Parkway, on the south by Freeway Boulevard and on the west by the Shingle Creek greenstrip. The proposed freestanding identification sign would advertise the entire complex of buildings developed by Lombard Properties. As such, it would pertain to developments not on the site where the sign would be located. Therefore, the proposed sign would, to some extent, be an off -site sign or billboard. Such signs are prohibited under Section 34 -130, subsection 11 of the Sign Ordinance. Applicant's Case S ign variance applications are subject to the three standards set forth in Section 34 -180 of the Sign Ordinance (attached). Mr. Steve Mosborg of Lombard Properties has submitted an introductory letter (attached) explaining the general sign program for the Shingle Creek Business Center and a letter addressing the standards for a variance for the project identification sign (also attached). The letter addressing the variance basically describes the elements that make up the Shingle Creek Business Center and argues that the development will lack identity and coherence without symbol (the project identification sign) to serve as a focal point identifying the entire area. The letter concludes by stating that the sign will provide a dramatic identification of the business center which will, in turn, be a credit to the community. Staff Analysis With respect to hardship, it must be recognized that there is no way of identifying a multi- parcel development without referring to aspects of the development located on other parcels than the sign itself. If the business center is, indeed, a unified complex of business developments on multiple parcels of land, bound together by ownership and agreements for cross - access and parking, then a common identification sign is perhaps quite appropriate. Such a sign cannot exist without containing a de facto off -site message. As to whether the conditions upon which the variance request is based are unique, some comparison to other multi -use or multi - parcel developments is in order. Brookdale is the largest such complex in the city. It contains multiple buildings, attached and detached, and multiple parcels. A variance was granted under Application No. 66059 to allow the two freestanding signs which identify the entire complex. (No variance would be required, however, under the current Sign Ordinance). The Northbrook Shopping Center also exists on multiple parcels with multiple buildings and has a common freestanding identification sign for the 12 -11 -86 _1_ Application No. 86042 continued complex. Palmer Lake Plaza office /industrial complex is actually three attached buildings on separate land parcels, but with a common identification sign. In all of these cases, parcelization is less important in establishing identity than is unified ownership, common access and cross - parking agreements. Common ownership, shared access and parking are certainly elements of the Shingle Creek Business Center, though the association of the buildings is much looser than a complex of buildings physically attached. The situation in this case is fairly unique. It is certainly unique in the I -1 district where virtually every other building has its own access onto a public street. The final standard has to do with the impact of the variance on the public welfare and on property in the neighborhood. The impact of the proposed signery is, it would seem, related to the extent to which it replaces other freestanding signery rather than adding to it. The proposed "sign" actually consists of three signs increasing in size from approximately 4 2 4.65 sq. ft. for the smallest sign, 82.5 sq. ft. for the middle sign, and 127.5 sq. ft. for the largest sign, for a total of 254.65 sq. ft. of total sign face. The three sign faces are set behind one another so that the impact are of the two smaller signs is included within that of the largest sign. Therefore, the largest plan of obstructed vision is the 127.5 sq. ft. of the largest sign. The proposed sign would be located on the office site at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. No other freestanding identification sign would serve that site. The Ramada Inn presently has a freestanding identification sign. The Shingle Creek Eleeven building has a freestanding sign for Metro Systems, an office furniture dealer. Both these signs are considerably smaller and lower than permitted by ordinance. Parkway Place and RCM Plaza have no freestanding identification signs. Under the Sign Ordinance, each of the buildings in this complex would be entitled to have at least one freestanding sign, 250 sq. ft. in area. The corner lot on which the proposed sign would be located could be allowed two such signs, since it has at least 400' of frontage along two major thoroughfares. Based upon these considerations, the proposed project identification sign does not appear to pose a threat to the general character of the industrial park. Other Consideration Aside from the standards for a variance, staff would recommend that the Commission consider the fact that no development has been built, approved, or even formally proposed for the site on which the proposed sign would be located. The proposed sign for the Shingle Creek Business Center would be an appropriate element of a six - storey office development, which would serve as the central focus of the business center. We question, however, whether such a sign would be as appropriate on a smaller restaurant site, or even the site of an industrial building. We, therefore, recommend that no sign permit be issued for the project identification sign until a building permit has been issued for the office development on the same site. Recommendation Based on the foregoing analysis, we recommend approval of the proposed variance application, subject to at least the following conditions: 1. No other freestanding sign within the Shingle Creek Business Center complex shall have an impact plan larger than the 127.5 sq ft. of the largest panel of the proposed project identification sign. 12 -11 -86 -2- Application No. 86042 continued 2. A deed restriction limiting freestanding signs within the Shingle Creek Business Center to 127.5 sq. ft. shall be executed and filed with the title to the effected properties. 3. The permit for the proposed freestanding project identification sign shall not be issued until the building permit is issued for the planned office development on the same parcel. Any resubdivision of the land parcel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard or development proposal for something other than a multi- storey office development shall invalidate approval of this application. 4. The freestanding project identification sign authorized by this variance shall be in lieu of any and all other freestanding identification signs permitted by the Sign Ordinance for the property on which it shall be located. 12 -11 -86 -3- Planning Commission Information Sheet Application No. 86043 Applicant: Lombard Properties Location: 6601 Shingle Creek Parkway Request: Sign Variance The applicant requests a variance from the Sign Ordinance to erect two off -site directional signs at the intersections of Shingle Creek Parkway and Parkway Circle. Parkway Circle is a private road within the Shingle Creek Business Center commercial /industrial complex being developed by Lombard Properties north of Freeway Boulevard and west of Shingle Creek Parkway. The complex includes the Ramada Inn, RCM Plaza and Parkway Place office /high tech buildings, and the Shingle Creek Eleven (Metro Systems et al) speculative industrial building. The property in questions is zoned I -1 (Light Industrial) and is bounded by the Spec. 9 industrial building and the MTC bus garage on the north, by Shingle Creek Parkway on the east, by Freeway Boulevard on the south, and by the Shingle Creek greenstrip on the west. The signs themselves would be located at the north and south intersections of Shingle Creek Parkway and Parkway Circle. Mr. Steve Mosborg with Lombard Properties has submitted a brief introductory letter (attached) explaining Lombard's sign program for the Shingle Creek Business Center. He has also submitted a letter addressing the standards for a Sign Variance for the two off -site directional signs at the entrances to Parkway Circle. Mr. Mosborg notes that the proposed directional signs are not permitted under the Sign Ordinance because they contain references to buildings on other parcels within the development and are, thus, off -site signs. Signs located off -site are generally classified as billboards under the Sign Ordinance (see definition attached) and are prohibited. Mr. Mosborg points out that the signs would not have building names, but addresses only. He states that the proposed directional signs are essential to "the smooth and informed flow of traffic" within the business center. He further argues that the signs should also help avoid congestion and confusion in the public streets. Proposed variances are subject to the standards contained in Section 34 -180 (attached). The first standard relates to hardship. One hardship staff see in this case is the inability of some properties in the development (namely RCM Plaza and the future development tract north of the Ramada Inn) to gain any exposure onto a public street. This does create some difficulty for people in search of these properties. The second standard for a variance is that the conditions upon which the application for a variance is based are unique to the property in question and are not common to other property or uses in the zoning district. The circumstances in this case are fairly unique. Most businesses in the city are located on parcels which have direct access onto a public street. A somewhat similar situation exists at the Brooklyn Crossing office park. In that case, however, the large office building at County Road 10 and Brooklyn Boulevard does have frontage and exposure onto a public street. The smaller buildings, meanwhile, are all on a single parcel of land and are to be served by a similar on -site directional sign with the addresses of each building listed on the sign. The CEAP building at 7231 Brooklyn Boulevard is also similarly situated behind the Red Lobster restaurant. However, in that case, the CEAP property does extend along the private drive (known as CEAP Way) to Brooklyn Boulevard and there is a freestanding identification sign for CEAP on Brooklyn 12 -11 -86 -1- Application No. 86043 continued Boulevard. What is proposed in this case serves a similar function. The only difference is that the off -site buildings in this case are on separate parcels that do not abut public right -of -way. Other cases that involve off -site directional signs are the Brookdale Ford sign on the Brookdale Square site and the Cinema I, II, III, IV entrance sign on the site of the Brookdale Six office building. Both these cases also involve developments that rely on other properties for access. The third standard for a sign variance is that the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Staff believe that the proposed directional signery would be much more appropriate and tolerable to the neighborhood than high freestanding identification signs located on the respective sites and seeking to appeal, over the roofs of buildings, to traffic on the public streets. To accomplish the same exposure such signs might well require height and /or size variances and would, we think, detract from the visual appearance of the industrial park. Accordingly, we recommend approval of the variance request, subject to the following conditions: 1. No freestanding identification sign for an off -site property listed on the directional signs located at the intersections of Parkway Circle and Shingle Creek Parkway may be readily visible from the public streets. 2. The applicant shall install street signs denoting Parkway Circle and Shingle Creek Parkway that are consistent with the City's street signs at the two intersections in question prior to release of the financial guarantee for Parkway Place (6601 Shingle Creek Parkway). 3• The message of the directional signs shall be clearly directional g g Y in nature and subject to the height and size requirements of the Sign Ordinance. Variance approval pertains to location only. 0 12 -11 -86 -2- Planning Commission Information Sheet Application No. 86044 Applicant: Ed Trombley Location: 905 61st Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to resubdivide into two lots the land at the southeast corner of 61st Avenue North and Colfax Avenue North. The land in question is zoned Rl and is bounded on the north by 61st Avenue North, on the east and south by single family homes, and on the west by Colfax Avenue North. There is an existing residence (905 61st Avenue North) and detached garage on the northerly portion of the site. The land presently consists of a deep oversized lot off 61st Avenue North, on which the existing residence is located, and a narrow unbuildable parcel along Colfax Avenue North. The applicant proposes to resubdivide these two parcels into two single - family lots which meet all ordinance lot requirements for width, depth, and area. The following information summarizes the dimensions: Lot Type Width Req.'d Depth Req.'d Area Req.'d Lot 1 Corner 90' 90' 136.5 110' 12,285 s.f. 10,500 s.f. Lot 2 Interior 76' 75' 137 110' 10,427 s.f. 9,500 s.f. A drainage and utility easement is indicated along the east line of the plat (5 where existing power lines are located. Also, a 10' wide drainage and utility easement is proposed adjacent to the rights -of -way for 61st and for Colfax. No easements have been indicated along side interior lot lines since these usually conflict with the 3' sideyard setback for accessory buildings. The existing residence meets setback requirements. However, an approximate 10' x 10' wood shed on the proposed Lot 1 encroaches into the proposed 5' wide easement along the east lot line. It is recommended that a condition of final plat approval be the relocation of the wood shed out of the proposed easement. The existing residence is located on Lot 9, Block 2, A. J. Larsen's Third Addition. The narrow strip of land along Colfax is unplatted land with an old metes and bounds legal description. The proposed legal description of the property is: Lots 1 and 2, Block 1, Ed Trombley's Addition. Altogether, the plat appears to be in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing wood shed on the proposed Lot 1 shall be relocated outside of the proposed drainage and utility easement along the easterly 5' of the property prior to release of the final plat for filing at the County. 12 -11 -86 -1- Application No. 86044 continued 4. The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 5. No building permit shall be issued for a structure on the proposed Lot 2 until the proposed plat has received final approval and been filed at the County. 12 -11 -86 -2- Planning Commission Information Sheet Application No. 86045 Applicant: Crown Coco, Inc. (Crown Oil) Location: 6100 Brooklyn Boulevard Request: Site and Building Plan /Special Use Permit The applicant requests site and building plan and special use permit approval to construct a 4,000 sq. ft. convenience store /gas station at the old Arthur TreacherIs site, 6100 Brooklyn Boulevard. The existing Arthur Treacher's restaurant would be demolished. The property in question is zoned C2 and is bounded on the north by Bruger King, on the east by an 18 unit apartment complex facing Beard Avenue North, on the south by a 40' vacant strip of land that is part of the apartment complex and is required for density purposes, and on the west by Brooklyn Boulevard. Gasoline service stations are allowed by special use permit in the C2 zone, provided they do not abut Rl, R2, or R3 zoned property, either at a property line or a street line. No such abutment exists in this case. Access /Parking The proposed site plan calls for two accesses off Brooklyn Boulevard, approximately 60' apart. The site presently is served by a single access. Accesses in commercial and industrial districts must be a minimum of 50' apart, measured at the property line, and cannot exceed 30' in width (Section 35 -703)• Both the proposed driveways meet these requirements. The City Engineer does recommend softening the north and south radii from a 15' to a 20' radius . The parking requirement for the convenience store is based on the retail parking formula of 11 spaces for the first 1,000 sq. ft. of gross floor area and eight (8) Spaces for each additional 1,000 sq. ft. (Section 35 -704). The total number of stalls required is, therefore, 35. The proposed plan shows 18 regular stalls. In addition, 12 parallel stalls are indicated at the pumps. Of these, seven (7) meet the requirements for parallel parking stalls. The applicant has requested a variance to allow the building with only 27 stalls (see Application No. 86047) . It appears, however, that with minor redesign at least 28 can be provided on the site. If driving lanes of less than 24' are accepted for the parallel stalls (approximately 14' was accepted for 2 stalls at the Brooklyn Center Service, 6849 Brooklyn Boulevard), the parking count could be as high as 33 spaces. In addition to a parking shortage, the City Engineer has reservations that cars can readily make the turning movements from access drive to pump island and vice versa. The proposed westerly pump island poses particular problems and should be shortened by approximately one third of its length. The easterly island should probably be shifted slightly northward. It would be referable in fact for the is P , , lands to run parallel to Brooklyn Boulevard rather than to the building. The proposed arrangement requires a sharp turning movement for cars heading into the site from northbound Brooklyn Boulevard. The north -south alignment of the pumps is probably workable, but only with revisions to smooth the way for cars entering the site. It is of critical importance that traffic move unimpeded on Brooklyn Boulevard. Any site layout that creates difficulty in entering the site poses a threat to the flow of traffic on Brooklyn Boulevard and may constitute a failure to meet standard (d) of the standards for special use permits in Section 35 -220. Landscaping /Screening The plan submitted proposes no new landscaping. It notes, however, that any existing trees damaged or destroyed during construction will be replaced. The plan 12 -11 -86 -1- Application No. 86045 continued indicates the retention of 32 cedar trees, one inch (1 11 ) in diameter. An existing hedge along the south side of the property is also shown as retained. The point value of 32 cedar trees under the landscape point system is 192 points. If retained, these would exceed considerably the minimum number of points required. However, the almost exclusive reliance on one specie of tree is less than desirable. It is recommended that at least two shade trees be planted in the island between the access drives, back far enough as to be out of the sight triangles. Additional decorative plantings are also recommended near the northwest and southwest corners of the site; again, back far enough as to be out of key sight lines. There is a retaining wall and opaque, wood fence along the east property line which are in disrepair. The retaining wall must be repaired to provide support for the east end of the site. The screen fence is important for parking lot screening, but there are also a row of Cedar trees which should provide fairly effective screening as well. A cyclone fence is located along the south property line as well as a hedge of shrubs. Although the land to the south is an underutilized area, it is zoned R5 and parking lot screening is required adjacent to residentially zoned land. Drainage /Utilities No topographic or utility information has been submitted with the proposed plans. The site presently drains onto the street. If the site were to be reused with the building and parking lot intact, this would perhaps be a condition accepted as is. However, given the proposal to demolish the existing building and significantly alter the parking lot and access provisions, we feel it is entirely appropriate for the applicant to install catch basins at appropriate locations and a storm sewer to convey the dranage to the City storm sewer in Brooklyn Boulevard. Building /Canopy The proposed building elevations indicate a face brick exterior on the north and west elevations and concrete block on the east and south elevations. An internally lighted tri -band facia is proposed on the front side of the building, extending out 5' over the front sidewalk and an unlighted tri -band metal facia extending out 2' on the sides. The plan also calls for a 6' wide sidewalk in front of the building and a 3' wide sidewalk on the sides. The proposed exterior treatment is not in accord with the City's policy of consistent exterior treatment around the entire building. Section 35 -414.3 of the Zoning Ordinance calls for "sincere concepts and honest construction" in gasoline service station buildings. The brick on the more visible sides should, therefore, be carried entirely around the building. The facia treatment, if it is multi - colored, really constitutes a sign, (similar to Showbiz Pizza) and as such exceeds the allowable area for wall signs (30% of wall area) . No plans of the proposed canopy have been submitted. All that is indicated is that it will be 72' x 72' with an approximate 15' x 32' extension to the building facia overhang. Lighting /Trash The proposed plan shows five freestanding lights, all 400 watt super metal halide heritage fixtures on an 8' arm. The four serving the two access drives are proposed at 20' height. Another near the northeast corner of the site would be on a 16' pole. The light intensity at the property line abutting the R5 land to the west would be 2 foot candles in accordance with Section 35 -712. Section 35- 41 requires that the lighting design be submitted to the Planning Commission for recommendations to the City Council. The plan proposes to retain the existing brick trash enclosure at the southeast corner of the site. 12-11-86 - 2 - Application No. 86045 continued Special Use Permit TFe applicants representative, Mr. John Finley, has submitted a letter (attached) addressing variance standards and special use standards from Section 35 -220 (also attached). Mr. Finley states that the proposed use will "enhance the general welfare in providing a one -stop convenience gas and convenience shopping which is needed in the community." He argues that the proposed use will not be injurious to other property because there is a Standard station to the south and a Burger King to the north which, however, do not provide one -stop shopping. He notes the area is basically fully developed and so development of surrounding property will not be impeded. He concludes by saying that, if the variances are approved, ingress and egress on the site will minimize any traffic congestion on the public streets. Staff must point out first of all that the City's Comprehensive Plan recommends service /office uses in this area of Brooklyn Boulevard, not retail, restaurants, gas stations or other general commerce uses. The zoning of the property, however, has been and remains C2 (General Commerce). The proposed use is comprehended by special use permit in that zoning district. And, it is the zoning designation of a property which more directly controls use than does the Comprehensive Plan. Therefore, the proposed use is allowable by zoning, but will perpetuate the inconsistency with the City's Comprehensive Plan. As to the standards for special use permits, we see no obvious conflict with standards (a) and (b). Standard (c) may be somewhat complicated if redevelopment as well as new development is taken into account. The primary concern with this application is over standard (d). Although the proposed setback variance would allow for a second pump island which may help accommodate the flow of gasoline consumers, the layout of the pump islands requres difficult turning movements by cars entering the site from northbound Brooklyn Boulevard. We believe that the present pump island layout will impede the flow of traffic into the site and, thereby, create congestion in Brooklyn Boulevard. This is an unacceptable public cost for the private benefit of more gas pumps. Secondly, the variance from parking requirements may lead more patrons to leave their cars at the gas pumps rather than pull into a parking space while shopping. This may lead to more jockeying around the pumps and on -site congestion which could conceivably spill over onto the public streets. Thirdly, the addition of another access drive is certainly a step backward for managing traffic on Brooklyn Boulevard. The potential for conflicts between vehicles entering and exiting this and other sites in the vicinity will certainly increase relative to what would be the case without gasoline available on the site. Finally, we would point out that there are two other gas stations within two blocks of the site and five existing stations within a mile. On the other hand, the nearest convenience store is about one mile away. The orientation of the site to gasoline sales, while understandable given the applicant's central product, may not be appropriate for this location. We, therefore, feel it is inappropriate to make site design compromises for an element of the business which may well become secondary. Recommendation Staff are not prepared to recommend approval of either variance request at this time. Furthermore, the layout of the gas pumps poses a danger to traffic flow in Brooklyn Boulevard by unnecessarily complicating entrance to the site. Based on these concerns, staff recommend that this application be tabled with direction to 12 -11 -86 -3- Application No. 86045 continued the applicant to modify the plan to meet City ordinances and provide unimpeded movement into the site. Specifically, the following changes are recommended. 1. Provision of a grading, drainage and utility plan with utility lines shown and sizes indicated. Grades and drainage provisions should be shown. Catch basins should be provided on site to handle on -site runoff. 2. Additional plantings including at least two shade trees in the front greenstrip. 3. A building setback of 40' in accordnance with Section 35 -400. 4. Parking for 35 cars or a smaller building in accordance with Section 35 -704. 5. Gas pump islands situated so as to allow for an unimpeded movement into the site. 6. Building elevations indicating brick on all four sides of the building. 7. Renderings of proposed light fixtures and poles with dimensions indicated in accordance with Section 35 -414. 8. A modified northerly access at least 50' south of the Burger King entrance and at least 50' north of the southerly access on the site. 9. Information on the color of the proposed metal facia and continuation of the facia band along the east side of the building. 10. Plans for the proposed canopy including lighting detail within the canopy. 12 -11 -86 -4- Planning Commission Information Sheet Application No. 86046 Applicant: Crown Coco, Inc. Location: 6100 Brooklyn Boulevard Request: Variance The applicant requests a variance from Section 35 -400 of the Zoning Ordinance to allow a rear yard setback of 10 rather than the required 40 1 . The property in question is the same as addressed in Application Nos. 86045 and 86047. Variances from the Zoning Ordinance are comprehended by Section 35 -240 (attached), provided the standards for a variance are met. Those standards are as follows: a. Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. b. The conditions upon which the application for a variance is based are unique to the h variance is sou ht e arcel of land for which the q P sought, and are not common, generally, to other property within the same zoning classification. c. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. d. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Applicant's Case The applicant's representative, Mr. John Finley, has submitted a letter (attached) advocating the proposed special use permit (Application No. 86045) and variances for rear setback (No. 86046) and parking (No. 86047). The setback variance is addressed in point #1 of Mr. Finley's letter. Mr. Finley states the variance is necessary because the proposed building which is only two-thirds (2/3) the standard size now being built, must be put as far back on the property as possible to allow smooth ingress and egress and to alleviate internal and external traffic congestion. He states that the variance is necessary if the applicant is to compete in the existing convenience one -stop market. He also states that the variance would not be needed if the parcel were not pie- shaped. He concludes by stating that this circumstance was not created by the applicant and will not be detrimental to the public welfare or injurious to any other land. Staff Analysis a) Hardship: It is not clear from Mr. Finley's letter, whether the applicant considers a 4,000 sq. ft. building or some lesser size to be a hardship. However, we definitely do not. One thing must always be borne in mind with respect to density: the amount of land on a given parcel is unchangeable; the amount of building on that land is changeable. Therefore, the size and location of a lot are always more basic than what is to be put on it. Staff would agree, however, that smooth ingress and egress are important concerns of the public as well as the property owner. The question is whether the building 12 -11 -86 -1- Application No. 86046 continued actually has to be set back as far as proposed to allow a smooth flow of traffic and, if so, whether that objective is more important to the public than the rear yard setback. We feel these questions ultimately lead back to the question of density. The Planner has developed a couple of site layouts which put a 4,000 sq. ft. building and required parking within appropriate setba Y on � However the y have one P ump island, whereas the applicant desires two islands. A plan with two islands and a trapezoid- shaped building of approximately 3,500 sq. ft. also appears to be possible. A 4,000 sq. ft. building with two pump islands simply does not appear feasible if the rear setback requirement is to be met. We do not feel that a smaller building, fewer gas pumps, or a trapezoid- shaped building are necessarily hardships created by the parcel or the City's ordinance. b) Uniqueness: A trapezoid- shaped parcel along Brooklyn Boulevard is not a unique occurance. It does present some challenges in designing a site layout, but most other buildings along Brooklyn Boulevard meet the required rear yard setback. c) Cause: What brings about this variance request is that the applicant has no use for a rear "yard ", whereas the Zoning Ordinance presumes the need in all zoning districts for a minimum rear yard. It may be that accessory uses such as employee parking, trash storage, and other storage (provided it is screened) are assumed to be a part of every business operation; and, if they exist that it is appropriate for them to be conducted behind the building. The imposition of a rear yard requirement in this case tends to push the building to a position on the lot that either reduces its size or reduces the number of gas pumps. On the other hand, it creates more room for required parking which has not been provided on the proposed plan. The ordinance requirements thus reduces space for the principal use while expanding space for accessory uses. d) Impact: In this case, there is an apartment complex to the east of the site, zoned R5• There is no buffer required between a C2 use and an R5 district. Parking this case lot screening is required. In , there was a fence on top of a retaining wall screening this site from the apartment complex to the east. The fence has collapsed from lack of maintenance. On the R5 property, there are garages on the west side of the apartment site. Staff would concede that, in this particular case, the impact of the back of the building being 10' from the rear property line is probably not noticeably greater than the impact of accessory uses such as parking and storage. Precedent The applicant will no doubt point out that the service station to the south is set back less than 40 from its rear property line. This is true. That station is approximately 14.5' from the rear property line. When originally built in 1958, the station was 28' from the rear lot line. A car wash addition in 1972 required a rear yard setback variance which was granted. Staff do not find the reasons for granting that variance very inspiring. They boil down to: better to allow a rear yard setback variance than a front yard setback variance. If those were the only choices, we'd agree. But, in light of more recent variance applications, it must be pointed out that the option of denial does also exist. Rear yard setbacks of less than 40' also exist for some of the buildings on the east side of Brooklyn Boulevard between 55th Avenue North and 56th Avenue North. These businesses have no access onto Brooklyn Boulevard and so might logically be located closer to it, but they tend to be set back close to the private street between Brooklyn Boulevard and Xerxes Avenue North by which their customers gain access 12 -11 -86 -2- Application No. 86046 continued Zantigos restaurant, which was recently built, was allowed closer than 40 from its rear property line. Nevertheless, there are far more examples of conformity, including the previous use of this property. In general, staff are opposed to granting a setback variance for a flat and (to be) vacant parcel of land. Recommendation We are simply not convinced at this point that a variance is necessary. If alternative layouts which meet the setback requirement all appear to have serious drawbacks, perhaps a variance should be considered. As of yet, however, we do not feel the applicant has given this design problem his best effort. A revised plan should definitely be submitted before favorable action on this application. 12 -11 -86 -3- t Planning Commission Information Sheet Application No. 86047 Applicant: Crown Coco, Inc. Location: 6100 Brooklyn Boulevard Request: Variance The applicant requests a variance from Section 35 -704 of the Zoning Ordinance to allow construction of a 4,000 sq. ft. convenience store with fewer than the required number of parking stalls (27 rather than 35) . The property in question is zoned C2 and is bounded by Burger King on the north, by an 18 unit apartment development on the east and land belonging to that complex on the south, and by Brooklyn Boulevard on the west. The site in question is the site of the old Arthur TreacherIs restaurant. Applicant's Case The applicant's representative, Mr. John Finley, has submitted a single letter addressing the standards for a variance and for a special use permit for the gas station aspect of the proposed use. The comments related to the parking variance point out that many of the patrons of the convenience store will, in essence, park at the gas pumps. (In, fact, seven stalls are credited at the pump islands.) Mr. Finley states that the required 35 parking stalls would, because of the configuration of the land, create internal congestion on the site. He states that customers rarely pull into regular parking spaces at such an establishment. Mr. Finley states that the shape of the parcel (pie - shaped) is unique. He concludes by stating that the variance will be an asset to the public rather than a detriment. Staff Analysis Based on the standards contained in Section 35 -240 (attached), staff do not believe that a parking variance can be granted in this case. The only "hardship" in this situation appears to be that the applicant cannot put as much building on the property as he would like. The existing building is to be demolished and the site will be clear for a new development. The size and shape of the parcel can support a 3,000 sq. ft. convenience store and gas pumps under the current parking formula. This is as large a convenience store as has been built in Brooklyn Cente and, therefore, does not seem to be an unreasonable limitation. The present retail parking formula has been under study for over a year, but no change has been adopted to this point. As long as the present ordinance is in effect, it must serve as the standard for parking at existing and proposed retail developments. Based on that standard, the proposed plan is deficient because of too much building or too many gas pumps. These are not circumstances that arise from the land, but from the applicant's desired use. The circumstances in this case are not particularly unique. The pie- shaped (really a trapezoid) parcel is fairly common on Brooklyn Boulevard. While such a shape might create some minor difficulties, a deficiency of eight (8) parking stalls is not minor and is not explained by the shape of the parcel. That is, the extent of the proposed variance is not justified by the shape of the parcel. The convenience store /gas station at the southwest corner of 69th and Brooklyn Boulevard is on a similar shaped parcel, but met parking requirements. With respect to standard (c), the hardship of not being able to have an extra 1,000 sq. ft. of retail space or a second set of gas pumps derives from the applicant's objectives, not from the land itself. Finally, as to whether the granting of the variance would be detrimental to the public welfare, staff would respond on two levels. In terms of the general public 12 -11 -86 -1- t Application No. 86047 continued using the station, it may well be that 27 stalls (including 7 at the pumps) would be adequate. That number of stalls would be consistent with the alternate formula recommended to the City Council. However, on the level of property developers, the proposed variance would be quite inequitable since it would adopt a lesser parking standard for this case only. (Note: an ordinance amendment would grant development potential equally to all.) We feel such a variance would grant an unfair competitive advantage to this parcel rather than make up for some inherent disadvantage. Reco mmendation On the basis of the foregoing analysis, we do not believe that the standards for a variance are met in this case. Accordingly, we recommend that the application be denied, citing the following reasons: 1. The inability to build a 4,000 sq. ft. convenience store with two gas pump islands is not deemed to be a hardship worked on the applicant. Reasonable use of the land is possible within the parking constraints of the City's Zoning Ordinance. 2. The shape of the parcel (trapezoid) is not particularly unique on Brooklyn Boulevard. The difficulty presented by this shaped parcel do not warrant a variance of eight (8) parking stalls. 3. The parcel of land is to be cleared for development under the applicant's proposal. Maximum flexibility, therefore, exists to design the site to meet ordinance requirements. The applicant's difficulties result from his own objectives and not the condition of the parcel of land. 4. The granting of the variance would be unfair to other similar developments which have complied with ordinance parking requirements since it would confer a special benefit on this parcel only. 12 -11 -86 -2- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: December 19, 1986 SUBJECT: Duoos Brothers American Legion Post #630 Application for 1987 On -Sale Club Liquor License Attached please find several items relating to the American Legion n li g quor license application including Investigator Monteen's resume of his investigation. I have several concerns which I will address in this memorandum. I do believe the members of the Legion Club are making a sincere effort to improve their operation. You will note from the attachments, that they have taken several measures to adjust their operation. They state their hours are oin to be changed. g g g They have restructured the management end of the operation, and are using other successful clubs as models to draw their changes from. I believe there remain several problems relating to the gambling and liquor license. I believe these are created only because they lack the knowledge of what is required by the State and City laws. Without going into detail, I believe these problems can be worked out administratively with the Legion. It has become obvious that they do not have the experience or expertise that other liquor license holders in Brooklyn Center have. Apparently, a major problem has been resolved. The Treasurer, John Waterman, on his application dated November 26, 1986 certified that he had no felony record. Monteen's investigation discovered a burglary conviction. Attorney Gary Flakne informed me on December 19 that Waterman resigned his post as Treasurer on December 18 effective immediately. I understood this resignation to include his membership on the bar committee also. Richard Atanasoff has agreed to be a temporary Treasurer, until a new member is found and approved by the police department. It is my recommendation that an On -Sale Club Liquor License be approved for 1987 for the Duoos Brothers American Legion Post #630. I would like to recommend that a condition be added, at least for the time being, to that license. This condition would require the Legion Club to submit for background checks any person used as a bartender. Repeatedly the trouble the police department has experienced with the club has generally initiated With the bartenders. It was a bartender who let people drink Memorandum to Gerald Splinter Page 2 December 19, 1986 after hours and refused an officer admittance. It was a bartender who did not cut off drunks, who let patrons leave with drinks in plastic cups, and who recently paid off on the video poker machines making them gambling devices. I make this request especially since there will be no on -duty manager to provide the supervision which is generally found at other liquor licensed establishments. STATUS OF CRIMINAL CHARGES INVOLVING DUOOS BROTHERS AMERICAN LEGION POST #630 12/19/86 Paul Dean (owner of company supplying poker machine) pled guilty to gambling charge, charge was continued 1 year for dismissal and he paid $3,000.00 court costs. John Irving (driver with company supplying poker machine) pled guilty to making payments on gambling device, charge was continued 1 year to vacate and dismiss, and he paid $200.00 court costs. Michael Ronnei (Bar Manager for Legion Club) pled not guilty, set for jury trial 1/21/87. Patricia Casey (On -duty bartender) pled not guilty, set for pretrial on 1/16/87. Steven Babcock (Off -duty bartender) pled guilty to gambling, amended to petty misdemeanor, paid $100.00 fine, charge of making payment on video machine was dismissed. FLAKNE LAW OFFICES, PA. ATTORNEYS AT LAW 9304 LYNDALE AVENUE SOUTH d MINNEAPOLIS, MINNESOTA 55420 (612) 88 8-9304 KLEVE J. FLAKNE „ s DONALD W. FETT (1898 -960)` LJ OF COUNSEL GARY W. FLAKNE DANIEL S. McGRATH BRIAN K. FLAKNE LEGAL ASSISTANT November 20, 1986 Mr. Gerald C. Splinter City Administrator City of Brooklyn Center Brooklyn Center, MN James G. Lindsay Chief, Brooklyn Center Police Department Brooklyn Center, MN Re: Application of Duoos Brothers Legion Post No. 630 for Club License Gentlemen: The undersigned represents the Duoos Brothers American Legion Post with regard to the above captioned matter. Pursuant to Stipulation entered into between the Brooklyn Center City Attorney and myself, which said Stipulation has been ratified by the City Council of Brooklyn Center and the Housing Committee of the subject licensee, Duoos Brothers has agreed that its 1986 license should be revoked from December 25, 1986 to January 1, 1987, but that its application for 1987 license would be considered no later than the regularly scheduled city council meeting of January 12, 1986, but prior to that time if the licensee filed an application on or before November 22, 1986. The application for 1987 has been filed with the City, but in discussions with the City Attorney, the licensee has been told that it needs to demonstrate to the City changes in the operation and management of the licensee so as to be in legal conformance with the statutes of the State of Minnesota and the Ordinances of the City of Brooklyn Center. Pursuant to discussions with the governing officers of the licensee, this letter is submitted in proposal form as amendment to the existing application for a 1987 license. It is furnished to you in hopes that the changes which are proposed will give the City a sufficient time to investigate the personnel and changes to the end that said licensee may commence doing business in the City at the earliest practicable time after the revocation has expired. The following changes have been adopted and are herewith submitted for your consideration. 1. There was established a Bar Committee consisting of five members, to wit: Richard Atanasoff, Eugene McElligott, John Waterman, Donald Blake, who will serve as Chairman, and the Post Commander. The Bar Committee will have full responsibility for the entire operation of the bar, including but not limited to, all hiring and firing of personnel, keeping of inventory, and all activities in connection with the bar with all proceeds from bar activities being run through a separate bar checking account. The position of bar manager has been eliminated. A separate bookeeper will be hired for this account, whose additional responsibilities will also be as a separate bookkeeper for the Gambling Committee. The search is on presently fo p y r an outside person to hired for that fob. The bookeeper will be responsible for the legion account, the bar operation account, and the gambling committee account directly to the finance chairman of the Post who will, in turn, be responsible to the outside accountant hired by the Post to oversee these operations. The licensee has also proposed that operation of the bar be changed so as to reduce the number of hours the bar is open. The proposal which is submitted to the City is that the bar will be open from 12 :00 noon until 11:00 p.m. on Monday through Thursday, from 12:00 noon to 1:00 a.m. on Friday and from 11:00 until 1:00 on Saturdays. In addition, a door guard will be employed, whose dual job it will be to enforce the member - nonmember book to ensure that no nonmembers of the Post be using the facilities unless they are a guest of a member and this door guard will also operate as the pulltab operator, which will be the only gambling operation allowed on the premises. The Bar Committee has also established a policy for last call on all drinks to be at 12:20 on Fridays and Saturday nights and at 10:30 p.m. on Monday through Thursday, with only one drink allowed to be purchased per member or guest at that time. 2. There has also been established a Gambling Committee which will supervise the operation of the pulltabs in conjunction with the person hired to supervise that operation and the bookkeeper. That committee is composed of Earl Swenson, Conway Thompson, and Darryl Fehrman The committee will have the full authority to run the pulltab operation with the bookkeeper who will be responsible for running a weekly accounting and bookeeping on the gambling operation which said accounting shall be referred to the finance chairman on a weekly basis and from there to the outside accountant, much the same as the operation of the bar. 3. It is also proposed that the Housing Committee which in the past has been responsible for the operating of the Post and has acted as the governing body overseeing a number of these activities, will be reduced from 9 to 5 people at such time as a Bylaw change can be adopted by the general membership. The Housing Committee will be responsible for the operating of the building, the grounds and the maintenance and will not have any operating authority over the gambling operation or the bar operation. The City should be advised that the above changes were adopted by the governing body, having been given authority by the general membership of the Post and are binding on the operation of the licensee. These proposals were enacted after consultation with members of the Tenth District American Legion and members of the Osseo American Legion Post. The Osseo Post adopted these changes a number of years ago and have been able to turn around the entire operation of their Post and it was in that spirit that the licensee wished to demonstrate to the City its desire to operate in accorMnce with the standards of other licensees within the City. I will be more than happy to elaborate on these matters, but wanted to have at least the structure of these management changes before you, as we discuss the nature of the licensees" 1987 application. Respectfully submitted, FL�K�E LAW OFFICES, P.A. 4 to Xney Fl a pjw cc: Perry Ronnei Post Commander b r The following is a resume of the investigation of Brooklyn Center Case File 86- 20094. This resume is dictated by Investigator A. Paul MONTEEN, transcribed and typewritten by Lori NOVAK, clerk- typist for the Brooklyn Center Police Department. This resume has been dictated on 12 -17 -86 at 1430 hours. A_PRL .QAUT : Duoos Brothers American Legion Post #630 4307 70th Ave. No. Brooklyn Center, MN 55429 Making application for the license: John Bernard WATERMAN DOB: 10 -17 -49 7323 York Ave. No. Brooklyn Park, MN home phone: 566 -9334 Donald Dwain BLAKE DOB: 11 -12 -30 7130 Kyle Ave. No. Brooklyn Center, MN home phone: 561 -6404 is Eugene Edmund McELLIGOTT DOB: 04 -05 -33 6331 Beard Ave. No. #5 Brooklyn Center, MN home phone: 560 -4042 Richard David ATANASOFF 3600 65th Ave. No. Brooklyn Center, MN home phone: 561 -4095 Perry RONNEI DOB: 10 -20 -45 1512 Amy Lane Brooklyn Center, MN home phone: 566 -1557 The above -named individuals have made application for an On -Sale Club Liquor License as issued by the City of Brooklyn Center on behalf of Duoos Brothers American Legion Post #630. Accompanying this resume are five Form III, Part II, Personal Information documents in support of an application for an On -Sale Club Intoxicating Liquor License. Furthermore, there are five tape- recorded interviews with the applicants, as well as driver's license and criminal history checks on each individual. ---------------------------------------------------------------- - - - - -- Resume by Investigator MONTEEN Case No. 86 -20094 Page 2 On or about 12- 04 -86, Investigator MONTEEN received an application for the renewal of the On -Sale Club Intoxicating Liquor License on behalf of the Duoos Brothers American Legion Post #630, located at 4307 70th Avenue North within the corporate limits of the City of Brooklyn Center, Hennepin County, Minnesota. In reviewing the application for a liquor license, the American Legion Post had five representatives of a "Bar Committee" making application for the license and indicating that they would be the management group on behalf of the American Legion Post and that no one individual was named as the manager of the bar operation as had been the previous practice. Because no one individual would be responsible for the day - to -day operation of the Legion Club bar, Investigator MONTEEN concluded that some continuity in questions and answers could be attained by making a series of questions regarding the operation of the bar and obtaining interviews from each individual regarding their understanding of the operation. Investigator MONTEEN did outline approximately seventeen questions which he then presented to each member of the Bar Committee. Each member of the Bar Committee indicated to MONTEEN that they realized that there was a problem both legally and in community relations between the operation of the American Legion previously and the City of Brooklyn Center. All indicated that their primary goal in forming a Bar Committee rather than continuing status quo was to make changes for the better in the Duoos Brothers American Legion Post and its reputation and credibility with the City. Investigator MONTEEN did a criminal history and driver's license check on each individual in application for a liquor license as is the normal practice in such an investigation. John Bernard WATERMAN was found to have a felony conviction in 1968 for a burglary of a hardware store in the City of Brooklyn Center. WATERMAN received a five year suspended sentence for his activity. This is detailed in Brooklyn Center Police Department Case File No. 30148. The records of the Brooklyn Center Police Department indicate that WATERMAN has been cited on four occasions for traffic violations in the City of Brooklyn Center and that he was arrested for Hennepin County warrants on one occasion. (Case No. 34245) WATERMAN's driver's license indicates that he is currently valid and holds a Class B license with a motorcycle endorsement. According to the records of the Driver and Vehicle Services, WATERMAN did refuse to take a breathalyzer test on 08 -24 -84 and as a result his driving privileges were suspended for six months from 09 -04 -84 to 03- 04 -85. WATERMAN was also named as a member of the Housing Commission in a gambling violations allegation (Brooklyn Center Case No. 86- 11613). Donald Dwain BLAKE shows one arrest with the Brooklyn Center Police Department, that being 11 -12 -81 for driving while intoxicated. BLAKE Resume by Investigator MONTEEN Case No. 86 -20094 Page 3 has no other criminal history with the City of Brooklyn Center, Hennepin County, NCIC, or MINCIS records. Donald Dwain BLAKE currently holds a Class C driver's license restricted to any use of alcohol or drugs invalidating the license. According to the records of the Driver and Vehicle Services, BLAKE shows four citations for alcohol related driving violations since 1979. Investigator MONTEEN did ask BLAKE about this problem with alcohol and driving and'BLAKE indicated that he has now been sober for three years and is regularly attending Alcoholics Anonymous. According to the records of the Driver and Vehicle Services, rehabilitation was required and completed on 03 -29 -85 and driving privileges were reinstated at that time. Eugene Edmund McELLIGOTT has no record of criminal activity with the City of Brooklyn Center and no criminal history in NCIC or MINCIS computers. There is no record of criminal activity in the City of Minneapolis where he has been a resident prior to moving to Brooklyn Center, nor with the Hennepin County Sheriff's Records Division or Warrant Office. Eugene McELLIGOTT holds a valid Class C driver's license with no violations. Richard David ATANASOFF is listed in the files of the Brooklyn Center Police Department as a member of the Housing Commission in a gambling violations allegation (Brooklyn Center Case No. 86- 11613). ATANASOFF has no criminal history ith the Ci of Brook Center MINCIS NCIC Y Y Y or Hennepin County. ATANASOFF holds a valid Class C driver's license with no violations. Likewise, Perry RONNEI is named in gambling violation allegations (Case No. 86- 11613), but has no criminal history with the City of Brooklyn Center, Hennepin County, NCIC or MINCIS. RONNEI holds a valid Class A driver's license and has one violation for speed, that being in September of 1980. The five member Bar Committee is headed by Donald BLAKE, who was currently named to the chairmanship of the Committee. BLAKE explained the operation of the Club being divided into a Housing Commission for the purpose of maintaining the actual facility, a Bar Committee to operate the bar, and a Gambling Committee to handle all charitable gambling, this being in addition to the ranks of the American Legion. There will no longer be one single bar manager, but the Committee will handle hiring, firing, ordering of liquor and supplies, the setting of hours and the rules and regulations of the bar. According to BLAKE, it will probably be necessary that the Bar Committee meet weekly, although they have not set down any rules, regulations or operational programs as they have only had one meeting of the Bar Committee, and that was held at the Osseo Legion Post in order to see how the Osseo Legion operates their bar. The Bar Committee will be responsible for the on- site operation of the bar, but there is no provision that a member of the Bar Committee be present at all times. The bartender will be in charge of enforcing the wishes of the Bar Committee. Maintenance of b Resume by Investigator MONTEEN Case No. 86 -29094 Page 4 the books and records of the bar are currently the responsibility of John WATERMAN, a member of the Bar Committee, and it was presumed and inferred that WATERMAN would continue on as the treasurer for the new operation. The accounts and books of the Legion are regularly audited according to BLAKE. Investigator MONTEEN continued to question BLAKE as to the operation of the books and records and BLAKE advised MONTEEN that John WATERMAN is the treasurer for the Housing Commission and is currently responsible for the books, both for the bar and for the charitable gambling operation. BLAKE went on to indicate that in the 1987 operation it was the intention of the Bar Committee and the Gambling Committee to establish two sets of books with two people writing checks and responsible for each fund. Investigator MONTEEN inquired if at the present time all funds of the American Legion were being run through one account and BLAKE indicated that that was correct, that they were in a single account. Investigator MONTEEN inquired as to how the Bar Committee would intend to operate the bar in 1987 and BLAKE indicated that all rules and regulations, methods of operation, etc. had not been as yet determined, however, some of the things which had been discussed were limiting the hours of operation from noon until 11:00 p.m. except on "special event nights ". Furthermore :hat °there were already regulations prohibiting gambling in the Club . 1 that these would be enforced and that rules and regulations would oe established to cover most events and circumstances so that they could be enforced by the bartender and door guard. BLAKE concluded the interview by soliciting the input of the police department and Chief of Police in making positive changes in the American Legion Post. In the interviews, Richard ATANASOFF, Perry RONNEI, and Eugene McELLIGOTT were members of the Bar Committee and as yet had not received a position or title in the organization. All three answered questions put to them similar to the answers given by BLAKE in the course of his interview. Investigator MONTEEN established that all three indicated that the relationship between the City of Brooklyn Center and the American Legion Post was strained and that it was necessary to make positive changes in the Post in order to ensure proper operation of the bar, both for the benefit of the American Legion and the City of Brooklyn Center. All indicated that at present they have sat down once with the Commander of the 10th District and the Bar Committee of the Osseo Legion Post and outlined areas of operation in the Osseo Post which would appear to benefit the Duoos Brothers American Legion Post. As yet they have not prepared any type of flow chart regarding authority, operation, bookkeeping, auditing or rules and enforcement. Each individual seems to be going into this membership in the Bar Committee with a positive attitude and a willingness to make the appropriate changes, however, at present there seems to be no hard and fast plan for the operation of the bar in 1987. Resume by Investigator MONTEEN Case No. 86 -20094 Page 5 John Bernard WATERMAN is currently serving as the treasurer for the Housing Commission and it was indicated that WATERMAN will probably continue as the treasurer for the Bar Committee. WATERMAN is the only member of the Bar Committee who did not serve in the armed forces, but is a member of the Sons of the American Legion. In the interview with WATERMAN, he indicated that the Bar Committee will be responsible for ordering, buying and selling the liquor for the Legion Club. Moreover, he indicated that the membership of the Bar Committee at the time of his interview, 12- 08 -86, had not been finalized and would not be finalized until the general meeting the following night. He indicated that this whole system was brand new to him, that the Bar Committee had begun approximately one month ago and was not yet in charge of the functions, but that they were patterning themselves after the Osseo Post and as yet had not made their final decisions, rules, regulations, etc. Investigator MONTEEN inquired as to John WATERMAN's responsibilities as the treasurer. WATERMAN indicated that he was responsible for all bookkeeping, payment of the bills, liquor inventory reports, etc. He indicated that all of the accounting records were audited monthly by Jack VETCHER, a public accountant in St. Paul. Investigator MONTEEN questioned WATERMAN re , ardirg the bookkeeping procedures for the bar and charitable gamble - . and- WATERMAN indicated to MONTEEN that the bookkeeping for charit`_ble gambling was completely separate from the bookkeeping of the Housing Commission and bar. MONTEEN asked WATERMAN if he served in any other capacity other than as treasurer for the Housing Commission and WATERMAN indicated that he did not. Investigator MONTEEN at this time would like to note that in preparation for a report to the City Council on charitable gambling to be prepared by Chief of Police Jim LINDSAY, MONTEEN met with Roger FRANKE, the executive secretary for the Board on Charitable Gambling for the State of Minnesota. At that time Investigator MONTEEN reviewed the record keeping for charitable gambling operations in Brooklyn Center, including the operations of the American Legion Post #630. This meeting took place on or about the first of December, prior to the assignment of this liquor license investigation. At the time of this meeting, Investigator MONTEEN requested copies of the charitable gambling income and dispersion sheets from the American Legion and the Lions Club. FRANKE advised MONTEEN that these would be copied and forwarded to MONTEEN at the earliest convenience of the Charitable Gambling Board. At the time of the meeting, FRANKE advised MONTEEN that the Duoos Brothers American Legion Post was two months in arrears in the filing of their charitable gambling records and payment of appropriate taxes. FRANKE indicated that the Charitable Gambling Board had sent a letter to the Duoos Brothers American Legion Post advising them of this violation and indicated that they must take steps to bring their Resume by Investigator MONTEEN Case No. 86 -20094 Page 6 records up to date or face the suspension of their charitable gambling license. On 12- 09 -86, Investigator MONTEEN did receive the charitable gambling reports which had been requested of FRANKE. Investigator MONTEEN in reviewing the reports of the Duoos Brothers American Legion noted that the reports had been signed by John B. WATERMAN, as gambling manager. Investigator MONTEEN then reviewed the statement given by John WATERMAN indicating that the bookkeeping of the charitable gambling and the records of the Housing Commission were maintained separately and that he was treasurer for the Housing Commission, holding no other post in the organization. MONTEEN also reviewed the interview with BLAKE indicating that the records are currently run through one set of books and that WATERMAN is responsible for all of the bookkeeping of the organization. Investigator MONTEEN did contact Roger FRANKE again and did confirm that by State law, the record keeping of charitable gambling must be maintained in separate accounts from all other bookkeeping of the organization holding the charitable gambling license, and the gambling manager of an organization must be an individual other than the treasurer of the organization. Moreover, FRANKE indicated that the license of the organiT Lion must reflect its current gambling manager and any change in gar , Aing ;manager must be updated with the Charitable Gambling Board. According to the records of the Brooklyn Center Police Department as provided by the Charitable Gambling Board, Gerald BERNDT is listed as the gambling manager for the Duoos Brothers American Legion Post, but BERNDT has not filed as gambling manager since March of 1986. This concludes the resume of the investigation of Duoos Brothers American Legion Post #630 in application for an On -Sale Club Intoxicating Liquor License. y+ BROOKLYN CENTER POLICE INVESTIGATION REPORT Case No. ___86_20094_____ Offense LIQUOR LICENSE APPLICATION ----------------------------------- Complainant Qjty_of_BrggKjyn_Qpnter_____ Address --------------------------------------------------------------------- The following investigation report is made for future reference in this investigation. MONTEEN indicates in the resume of this investigation that prior to questioning the five board members, Investigator MONTEEN did write out a series of questions in order to assist in maintaining continuity in the interviews conducted. The questions related speficially to membership, organization and the liquor license. These questions were as follows: 1. Membership status. 2. How long a member. 3 & 4. What branch of the military and dates served. 5. The position in the Club currently. 6. What other offices have you held. 7. Regarding the - operation of the Club, explain the organizational . stru�tur,e of the operation. 8. Who is respons -ole for the day -to -day affairs of the Club. 9. Who is responsible for the training of employees and voluntary workers. 10. Who is responsible for the bookkeeping, the liquor oper- tion, the bookkeeping for the charitable gambling and other functions of the Club. Are these books regularly audited. 11. Specifically, relating to the operation of the bar, are you familiar with alleged incidents of gambling other than "charitable gambling" which have taken place in the bar. 12. Are video games, pinball machines, etc. currently installed in the bar. 13. How do these machines "pay off" the players. 14. Who services these machines. 15. Who has access to the Club and what are the membership requirements. Specifically, member, spouse, family and guests. 16. What are the "Sons of the American Legion ", their membership status and offices held in the Club. 17. What is your understanding of the membership and its relation - ship with the 10th District of the American Legion and the National, in other words is it sanctioned by the American Legion and are you required to file any operational or finan- cial reports with the National or District Office of the American Legion. In Page2 Case No. 86 -20094 �i Other questions may have been asked of individuals to clarify certain answers. These were the primary line of questioning in the interviews. Investigator MONTEEN was initially of the impression that American Legion Club #630 in Brooklyn Center would fall under the auspices of the 5th District of the American Legion. Early in the investigation of this liquor license, Investigator MONTEEN contacted the 5th District of the American Legion and requested a clarification on the membership known as Sons of the American Legion. A representative of the Commander of the 5th District advised MONTEEN via the telephone that the Sons of the American Legion had been created for the express purpose of making a place in the organization for children of the veteran members of the American Legion. This squadron has no age limits and according to the representative of the Commander of the 5th District, the squadron is intended for children of the Legionnaires to promote patriotism and a fraternal relationship through activities with the family and the American Legion. The representative went on to explain that they felt the intent was that a child would enter the Sons of the American Legion at approximately age 8 and then after graduation from high school or college, enter the armed forces and return to the American Legion and hold membership in both the American Legion and the Sons of the American Legion. Investigator MONTEEN made two other notes during the course of this investigation and interview, that being at the termination of the interview with Eugene McELLIGOTT, when McELLIGOTT questioned MONTEEN as to why the police depa =went• did not merely contact the American Legion and advise them to remc e the gambling devices when they felt that they were a problem, Investigator MONTEEN replied that he was not involved in the investigation of this incident and did not know the facts and circumstances that lead up to the seizure of the gambling device. Moreover, McELLIGOTT questioned MONTEEN as to why someone from the police department would not call and tip off the American Legion prior to the serving of the search warrant, as he stated had been done at the Laidlaw Post in Minneapolis. McELLIGOTT terminated the conversation with MONTEEN by stating that "without liquor, there won't be a Legion in this All American City ". Signed ------------ M 0 IMEN----------------- - - - - -- Date _1_2_ - Time --- 1330 - - -- ln CHARITABLE GAMBLING CONTROL BOARD ROOM N-475 GRIGGS-MIDWAY BUILDING 1821 UNIVERSITY AVENUE ST. PAUL, MINNESOTA 55104.3383 (612) 642 -0555 Received from Duoos Brothers American Legion Post 630 4307 70th Avenue North Brooklyn Center, MN 55429 - 12/19/86 License Number 00233 Minnesota Monthly Gambling Return for: October 1986 - Check number 2098 $111.00 September 1986 - Check number 2096 - 72 3 .00 August 1986 - Check number 2089 - $266.00 'r AN EQUAL OPPORTUNITY EMPLOYER 0®155-c R The following is an interview with Richard ATANASOFF taken at the Brooklyn Center Police Department on December 9, - 1986 at 1530. This interview is conducted in conjuction with the application for an on- sale Club Liquor License by the Duoos Brothers American Legion Post in Brooklyn Center. This interview is conducted by Investigator Paul A. MONTEEN, transcribed and typewritten by Shirley SWAROUT, Clerk- Typist for the Brooklyn Center Police Department. Case No. is 86- 20094. Q. Would you please state your full name for the record, spelling your last name. A. Richard David ATANASOFF. A- T- A- N- A- S- O -F -F. Q. And you age and date of birth? A. July 227, 1931, I'm 55. Q. Dick, what is your status? You are a member of the Duoos Brothers Post, is that correct? A. Yes. Q. And how long have you been a member? A. Oh, I don't know, about twenty years I guess it might be . Concurrent years. Q. And have you belonged to any other post? A. The Anoka post up in Anoka. Q. What branch of the military did you serve in? A. I was in the Army., Q. During what period of time? A. The Korean conflict. Q. What is your current position with the post. A. Well, right now I'm ...we're forming a new Bar Committee or whatever, and I'm a member of the Bar Committee right now. Q. Do you hold any other rank within the American Legion post? A. I was on the Housing Corporation, but I guess we are in the process of eliminating the Housing Corporation and come up with this Bar Committee and stuff. Q. Regarding the operation of the club. Explain your understanding of the Bar Committee and the way the liquor operation is supposed to go on a day to day basis. A. Well, we're trying to pattern our club after Osseo's. We went over and we spoke to them on they run it and they have like a Bar Manager and she answers to the Bar Committee and all receipts will be handled by the Bar Manager, with the overlooking of the members of the Bar committee and then given to our Bookkeeper so that we don't have too much money handled by too many people. Q. So, all the receipts will be turned over to the Treasurer of the Bar Committee and then..... A. Yeah, something to that effect, or her records checked by inventory and this sort of stuff that we got to do. Q. Who ... Have you appointed a Treasurer yet? Interview by Investigator MONTEEN Case No. 86 -20094 Page 2 A. No, we haven't. We are still in the process of getting this thing set up real good and we, you know, are trying to have meetings in Osseo so that we can get the groundwork done, and I guess we have to revise our bylaws a little and this kind of stuff. I guess our attorney is going to help us with that stuff. Q. Do you know who your attorney is? A. Yeah, Gary FLAKNE. Q. Who will provide for the day to day operations of the bar. Who will be present in terms of an operator. A. Well, we're going to try, say hire a day bartender or someone responsible for opening the club and working so many hours and say possibly have a part time help, say after a certain hour. Q. One of the Bar Committee people will not necessarily be there? A. No, but we will all probably be in there at one time or another, something like that, you know. Q. And will the Bar Committe then be responsible for hiring, firing and training employees? A. Yeah, right. To check them out and this kind of stuff. 0 Q. And ..... The Bar Cc , -Attu is operating the bar. Who is then responsible for the Ch- citable Gambling? A. We are having a Gambling Committe set up too, I think. This would be about four members or two members, I don't know exactly. Q. And that will be just the operation of pull tabs? A. Yeah. Q. Is that a primary fund raiser at present. A. Yes, yeah. Q. Does the bar turn a profit that you know of? A. Well, it's been kind of a status quo right now, so this is why we are trying to establish maybe little tighter reins on this stuff. Q. Specifically relating to the operation of the bar and including the physical area around it. I'm sure you are familiar that we had an incident of alleged gambling, other than charitable gambling there, that the police were involved in during the past year. A. You mean some odd ball machine? Q. Yes, it was a poker machine if I recall. Are you familiar with that incident? A. Yeah, I've been involved in that. Q. Can you just explain for me how that particular operation got started up there. A. Well, not really. I, you know, we've made a lot of statements through our attorney already so..... Interview by Investigator MONTEEN Case No. 86 -20094 Page 3 This interview is now being transcribed and typewritten by Lori NOVAK, clerk - typist for the Brooklyn Center Police Department. Q. Is there any other gaming that goes on, and I'm talking about the friendly games between people in terms of gambling. A. No, not since the last time we got in trouble, so we kind of nipped that in the bud a little bit because... Q. Okay, there are still video games, pinball machines and things of this nature? A. Yeah, right. Q. But that's just a payoff with a point system type? A. Yeah, right. Q. They don't pay out in cash, they give you free games? A. Right. Q. And because of the formation of the new Housing Committee, has there been any house rules adjustments? A. We really haven't implemented any rules. We're kind of thinking of like after the first of the year ... after we find out what our problems... that their all solved here, and then we're gonna sit down with our bar manager _ 1] triM' committee and our bartenders and we're gonna sit down and ma-. the'ruies, how we want the operation to run. Q. What are the membership requirements of Duoos Brothers American Legion? A. Well, you have to be an eligible veteran from the First World War, Second World War, Korean War ... and I'm not sure what the eligibility dates on the Vietnam are...yeah, there are some places you can belong to the VFW and not be eligible to belong to the Legion, you would have certain conflicts and this kind of stuff. Q. And spouses are members of an auxiliary? A. Yeah, right. Q. Guests are eligible as long as they're with a member of the Post? A. I don't know exactly how that rule goes, but its if someone is a legitimate Legion member is there, than there more or less ... anybody that walks in is the guest of the person that's sitting at the bar... this kind of stuff. Q. And there's a guest book there that they're supposed to use? A. Yeah, the bartender is supposed to check them for their card to see that they are eligible members and if not then they are ... you know, they have to ask them to leave or be the guest of a member that's in the club or something like that and they sign the guest book. Q. A Legionaire from another Post of course would be a guest...? A. Well, he still has to sign the guest book in. Interview by Investigator MONTEEN Case No. 86 -20094 Page 4 Q. What is the organization "The Sons of the American Legion "? A. Its like my son... seeing that I'm a veteran that this is something of a national basis that they have set up that... for the kids to join, this kind of stuff. I guess we got about 25 boys that joined. Q. And what is your understanding of ... how do they get full membership in the organization? A. Well, I guess according to the national code or whatever it is they are like ... well, I guess you'd say like a guest member or a member...a full member I guess. Q. Similiar to say an auxiliary member there ... a member of an auxiliary unit within the Post? A. Yeah, something like that. Q. But they don't hold rank within the Post? A. No, they may have their own president and stuff like this ... they're supposed to have their own little club themselves or organizations. Q. Clarify something for me...I presumed that this Post fell under the 5th District of the American Legion. I was informed that it falls under the 10th District. A. Yeah, I think it is the 10th. r Q. Where is the home _Mice of the 10th District... is that St. Cloud? A. I don't know where the heck the headquarters is really, I know the 10th District Commander is from Osseo over here, I don't know...I can't remember exactly what the hell his name is...I talk to the fellow but...I don't know where the headquarters really is. Over in St. Paul or something... Q. Are you required to file any reports or financial or otherwise operational reports with the American Legion District Office or anything? A. Not that I know of. I'm not familiar with any that we have to fill out. Q. Well, in your understanding of the operation previously and your intentions for the club in the coming years, is there anything else that you would like to have on the record regarding the application for a license? A. Well, I'd like to probably ... and this is where the Committee's gonna try to set up to have a little better feeling and understanding with the police department here and maybe come and get some aid and ideas from you people how we can, you know, say operate our club more efficiently so instead being on the outs that we are kind of in the ins a little bit and have a good working relationship. Q. We can appreciate that and you can rest assured... A. Well, its tough you know to see the fighting, you know, in your own Interview by Investigator MONTEEN Case No. 86 -20094 Page 5 community... we'd like to have the guys that are on the police department, you know, as full members, to come out and join our club and we think we have a pretty nice little club now, its not a very big club, but they do a hell of a job for... like they've been sponsoring my football team now for like 10, 11 years and... Q. The Red Raiders? A. Yeah, uh -huh. Q. One other question regarding the size of the club, do you rent the club out for any purposes ... any receptions, anything of that nature? A. No, we don't have enough size. Now on the 14th, that's Sunday, my football... we're gonna be there at 6:30, we're gonna have our little cake and ice cream banquet and we give them their awards... this kind of stuff, but things like that, say you have something special, a birthday party or a meeting for a member that belongs they'll open the bar. Q. It would have to be a limited number of people? A. Yeah, I don't know what...I suppose there might be about 40 people in ours and... Q. And that's about a comfortable crowd? A. Yeah, I don't know exactly what the capacity is. Q. But its not regul. rented out for wedding receptions...? A. Oh no, we couldn' gave -one at all, no. Q. Okay. The following is an interview with Donald D. BLAKE regarding the application of the American Legion liquor license as issued by the City of Brooklyn Center. This is Brooklyn Center Case No. 86- 20094, transcribed and typewritten by Shirley SWARTOUT, Clerk- Typist for the Brooklyn Center Police Department. Q. Would you state your full name for the record please, spelling your last.name? A. Donald Duane BLAKE, B- L -A -K -E Q. And your age and date of birth? A. 56, 11/12/30. Q. Don, how long have you been a member of the American Legion? A. About eleven years. Q. And always with Duoos Brothers Post in Brooklyn Center? A. Yes. Q. And what branch of the military were you in? A. The Army. Q. During what years. A. 49 through 50 in there. Q. The Korean. A. No, I was in the National Guard and we were ----------- in Alabama. In 47. Q. What is your position currently in the club. A. I was on the Housing Committee, but now presently we are studying a Bar Commission and a Gambling Commission. Right now I'm starting on the Bar Commission. Q. Have you held any other ranks in the organization? A. No. Q. Regarding the operation of the club. Could you explain the structure of the Housing and Bar Committee concerning this day to day operation? A. Well, right now we are just starting the Bar Committee, so there was no fuction before with the Bar Committee and the Housing Committee. The Housing before was taking care of the buildings and the other incidentals like repairs and stuff like that, who to contribute to and other things. Q. And the day to day operation of the club previously had been done by Managers, is that right? A. Right. Bar Manager. Q. And what is the current status of the day to day operation? A. The current status now is there won't be any Bar Manager. It will be done by the Bar Committee. Interview by Investigator MONTEEN Case No. 86 -20094 Page 2 Q. And how frequently do you anticipate meeting with the Bar Committee. A. Probably once a week. We haven't really set down any set rules yet, but we have had one meeting and we've had meetings with the Osseo Post, 10th District, at least five or six hours of them, seeing how they are constructed. We are going to pattern our club after theres. Q. They have had a rather successful club operating it this way? A. Yes. Q. Who will then be on -site responsible for the operation when the doors are open. A. When the doors are open it will be the Bar Committee. Q. And someone from the Committe will be there at all times or.... A. Not at all times but they will judge the bartenders, cash register receipts, ordering, writing checks. Q. The Bar Committe then will be also responsible for training employees and volunteers that work there, in terms of.... A. They will be the judge of hiring and firing the employees. Q. Who is responsibl:: -�or the bookkeeping of the operation? Specifically to the b._` end`of'the operation. A. Right now it's John WATERMAN. Q. And are those books regularly audited. A. Yes. Q. Do you know the firm that audits them? A. I don't know them personally, no. I don't even know their name, but there is an auditor. Q. Who is responsible for your charitable gambling? A. Charitable gambling is John WATERMAN. Q. Is this a distinctively different set -up of books? A. Yes, and now when we get into the Bar Committee and the Gambling Committee it will be two separate sets of books. Two people writing checks for each fund. Q. At present they are not separate? A. Right. Q. Okay, specifically relating to the operation of the bar, you are familiar with the fact that there have been alleged incidents of gambling, other than charitable gambling in the club. Are you aware of these? A. I'm aware of one now. But far back I'm not aware of any. Interview by Investigator MONTEEN Case No. 20094 Page 3 Q. The only incident of gambling that you are aware of is the one involving the poker machine that was installed? A. Right. Q. Were you on any committees? Can you give me a brief background of how it was determined that the poker machine could go into the bar? A. No, I was not on any committees at that time. Q. At the present time are there video games, pinball machines etc. in the bar? A. There are machines, but they are not gambling machines. They are regular fun machines. Q. They don't pay off in anything but extra games if you score so many points etc. A. Right. Q. And do you know who services these machines? A. No. Q. They are serviced by a contractor outside the post? A. Right. 0 Q. And regarding car :I .r g g dames such as poker or any other pickup games in the bar. Are there any rulings made now by the Housing Committee or the Bar Committee regarding this sort of activity in the bar? A. Right now there is no really set laws, but there is no gambling. Card playing or otherwise. Q. And is this something...... A. It is going to be managed place to come into. Q. Who has access to the club? A. Access such as what. A key or... Q. No, I guess I'm not worried about the opening and closing of the doors, but first of all we got members. Who has access in terms of membership. What is the requirements for membership. A. There is a set rule of when you served in the service, times, and your legal to be a member. Q. Then the spouse can also have access I presume? A. Yes, as a guest. And their sons, they can be Sons of American Legion. Q. What is the requirement for the Sons of American Legion. A. Just that your father is a member of the Legion or served in the Service. Interview by Investigator MONTEEN Case No. 86 -20094 Page 4 Q. Is there any age requirements? A. I couldn't tell you for sure. I'm sure there is. Q. Can the Sons of the American Legion...... are they recognized as members of the Post. A. They are recognized, but they are any legal voting or anything like that. Q. They have their own unit similar to the Auxilary? A. Right. Q. Your membership in the American Legion is controlled under the Fifth District of the American Legion..... A. Tenth District. Q. Tenth District. Are you required to file any operationaly or financial reports with the District Office. A. I don't think so. Not to my knowledge. Q. Anything else concerning the upgrading that I am not familiar with or any changes that might be pertinent to our determination of the liquor license? A. Yeah, we're setti. up new hours, which should help, except in the summertime we probabl ;gill be'changing back for like softball and stuff like that, that will be there later, but for now the curfew is eleven o'clock. Q. So, the bar will be open from ..... A. Noon. We are opening at noon to say till eleven o'clock. Like if we had a special occasion like softball teams want to come in one or two times a week then we will stay open. Q. And close at the normal.... A. And close at the normal time. Twelve thirty will be last call. Q. And by one o'clock everybody will be out of there? A. Right. Q. Does your post have the capability, or does it rent out it's facilities to other..... A. No, we don't have the size. Q. There very seldom would be a reception or anything of that nature. A. Well, there could be small reception, but very unlikely. Q. Anything else? A. No, except that I think we are trying to clean up our act with committees and things we are doing now. It should be beneficial to the club, the City. I had asked before to meet the Police Chief but Ms. Interview by Investigator MONTEEN Case No. 86 -20094 Page 5 COX said that he was busy but he probably would have meetings with us to discuss this, and I said, "Very Good, we would like that ". I would welcome ideas or anything you could help us with. Q. Well, we certainly will be here to help. A. And if we call should we call you if we have any problems or any questions we want answered? Q. You can call me or you can call the Chief, yes. Anybody here really. 10/30/86 REMEMBER FOLLOW THROUGH FIRST THINGS FIRST LET GO LET GOD KEEP IT SIMPLE LIVE AND LET LIVE TWIN LAKE ALANO 4933 Brooklyn Blvd., Brooklyn Center, MN For Information about Meetings call 535 -7265 I NAME PHONE DRY DATE BLAKE, DON 561 -6404 3/30/84 BRANDT, JOHN 522 -5728 10/16/70 CONGER, SCOTT 522 -2237 10/15/86 FELSHEIM, RUTH 487 -2361 12/28/85 FEYO, PAT 421 -1639 6/14/79 HAMMERSTROM, VICKI 566 -7507 6/9/86 HIGGINS, JANE 757 -8781 2/16/78 KESKE, BOB 522 -008 1/1/78 JOHNSON, CHARLIE 537 -1316 10/5/78 LARSON, RON 533 -4670 3/26/77 MCNALLY, RENEE 561 -0708 8/18/78 MURRAY, MARIAN 533 -4721 9/3/82 STROH, MICHELLE 420 -3905 11/28/78 SWEETER, MARV 789 -9160 3/16/80 WALLERIUS, DONALD 522 -3844 1/6/86 WIRTZ, JOANN 755 -3990 4/6/83 LEROY 9/23/86 GOD GRANT ME THE SERENITY TO ACCEPT THE THINGS I CANNOT CHANGE THE COURAGE TO CHANGE THE THINGS I CAN, AND THE WISDOM TO KNOW THE DIFFERENCE. The following is an interview with Eugene McELLIGOTT, taken at the Brooklyn Center Police Department on 12/10/86 at 1115 hours. This interview is in regards to the application for a liquor license, On- Sale Club, for the Duoss Brothers American Legion in Brooklyn Center, Case No. 86- 20094. This interview is conducted by Investigator A. Paul MONTEEN, transcribed and typewritten by Shirley SWARTOUT, Clerk- Typist for the Brooklyn Center Police Department. Q. Would you please state your full name for the record, spelling your last name? A. Eugene Edwin McELLIGOTT. M c E- L- L- I- G -O -T -T Q. Eugene, your a member of the Duoos Brothers American Legion? A. Yes. Q. For approximately how long? A. Twenty years, eighteen years, something like that. Q. And have you been a member of any other Legion club? A. Yes. Q. Which one specifically. A. Bloomington and _______ _ __ _ __ St. Minneapolis. Q. What branch of the military did you serve in? A. Navy. Q. And during what da. -es, do you recall? A. October 1 51 throuc" September 1 55. Q. And what is your position currently in the Club? A. Well, I'm on the Housing Board. We're changing that, you know, with this Committe so.... Q. It's in the influx between the Housing Committee and being the Bar Commission. A. That's right. Q. Have you ever had any other positions in the club specifically. A. I'm a Past Commander and I've held various other offices. Q. Any positions that you have held with the State or National? A. No. Q. Regarding the operation of the Legion Club specific to the bar, can you kind of give me a overview of your understanding of the operation of the Bar Committee and how it's going to run the bar? A. Well, they're going to have strict control of hiring and firing and control of through an outside Auditor Accountant of the monies, and the policies are going to be set by the committee and enforced by them The overall operation of the bar only and no.... Q. The bar will be then a separate operation completely, with a different set of books from the Housing Committe or the Charitable Interview by Investigator MONTEEN Case No. 86 -20094 Page 2 Gambling, or from whatever. A. Correct. Most particularly concern itself with the bar itself as compared with the Housing Committee taking care of the building. They aren't any concern of that. Q. At the present time this is all been lumped into one thing, one checking account and one set of books? A. Yes, I think one of the most biggest reasons for that was because at the inception of this club it was very small and it is still very small, but now it seems a necessity to do this. Q. Who will be in charge of the day to day affairs of opening, closing, any problems that come up in the bar. A. Well, I believe we are going to set down a list of situations and they will be taken care of by the day bartender, where business is usually slack and this things can be taken care of. Q. The general ordering of supplies..... A. Yeah, it doesn't change that much week to week as far the ...... you know, it doesn't take a big amount of time to do. Q. Okay, and who will be responsible for the daily receipts and keeping the running to <;:r, on i-he, books. A. Ah, like I say, we aven't set up the situation because of this accountant. I think myself, personally, that I would like to have the accountant's views on how to ..... what would be the best situation to do. Whether we can operate out of a till situation and check it out at shift change, or whatever. I mean, there are various things that can ........ but definitely something has to be set up. Q. Do you currently have a bookkeeper and treasurer? A. Yes. Q. Who would that be? A. Well, we've got an outside accountant, his name is Jack BETCHER, and he takes care of the, you know, the monthly statement. Q. He files your State and Federal, whatever it is. Is there somebody in the club that does the general accounting? A. Yes, well there are two. The Housing Board has a treasurer and the Legion has a treasurer. The Housing Board at the present time takes care of the bar and the building and such. The Legion takes care of strictly membership dues and things of that nature. Q. You still out of the bar ..... you still operate a charitable gambling, with a license and tabs and...... A. That's a separate, that's a separate committee. Q. Okay. Specifically relating to the operation of the bar, are you Interview by Investigator MONTEEN Case No. 86 -20094 Page 3 familiar with an incident of alleged gambling where the Brooklyn Center Police Department removed a machine from the bar? It was a poker machine. A. Yes, that was a couple of months ago. Q. Do you recall any of the facts or whatever...... How did the blooming thing get in there is guess is my ...... was that a committee decision? A. When this decision was made I was not on the Housing Board, and to comment directly, all I could give you is heresay as to how it did get in there. There certainly wasn't any intention to do something fraudulent or they wouldn't have brought it up in that manner, you know. It was done legally as regards to what the Club thought it was. Q. They still maintain video games, pinball machines and things of that nature up there for the entertainment of.... A. They got those, Drive The Car Down the Road and, I don't know, I don't play them. Q. Also I know that 'n i the past there have been a couple of reports, I don't know that anything, I can't specifically come up with dates specifically to alleges gambling things such as poker games or whatever in the bar. I don't r-, ;nember one recently, but maybe a year or so ago. A. You mean card playing? Q. Card playing were money has been exchanged etc. A. Not in recent times, no. Q. Have there been any ..... does the Housing Committe, or the new Bar Committee propose any changes in the operation of the club to insure cooperation, both in terms of bar closing in terms of liquor not served, seeing to it that gambling is restricted. A. Definitely, the, what you call overpouring is definitely a monetary thing, and to be honest with you the club should be making a lot more money than it is. In other words, you shouldn't have to have outside situations. And as far as gambling goes, there is no gambling at all. These things, I guess are going to be set up and are in the process, but, you know, we haven't been on the field and scored. Q. Right. I understand, I'm just trying to establish a little bit of.... A. It's defitely a, I don't call it a shakeup, I call it a, like Grant would say, rebuilding. Q. I guess I'm becoming more familiar with the operation as a result of having interviewed most of the people on the Board now. Are you patterning this board after something which has been successful in the past. A. We went up to Osseo, with the help of the 10th District, who is Interview by Investigator MONTEEN Case No. 86 -20094 Page 4 behind us in this matter and very cooperative. We went over and had an opportunity o question em Y them in regards q rds to certain ain areas in which i h we thought we needed help and wondered how they did it. Naturally, not everything applies for the simple reason that it is a bigger club, with a bigger facility where they have different areas they can work out of. They work in different volumes and they are working with more people so they can have more committed people for different committees and such, but they definitely did come up with some real good ideas for us and that is some of the things we are patterning our guidlines after. Q. One thing that you pointed out and one thing that I've been in error, I always presumed that this was in the Fifth District of the American Legion. It is in the Tenth, is that correct? A. Yes. Q. Do you know where the main office of the Tenth District is? A. Ah, there is no main office to the best of my knowledge. They work like out of the Commander's home. Q. And then they, of course, have .......I believe they have a General Office in the Veteran's Building? A. Yes. P Q. How about membership requirements? What are the requirements for general membership? A. Well, it is printed on the back of the card. Well, I don't know the dates, there are dates included which include each war and conflict, whatever you call them, and you must be honorably discharged. Q. And then spouses also have access? A. Right. Q. The spouses are members of the Auxillary? A. Yes. Q. Family and guests come in with members as long as they sign the guest book? A. The guest book is at the front door. Any guest must sign it. Anybody can be a guest and any member can have any number or amount of guests as long as somebody there is a member. We have another thing called the SAL. Q. That was my next question? Can you explain that membership for me? A. I was the Commander at the time of the inception and signed the Charter. We have a minimum requirement of so many people to sign the Charter to get the Charter off the ground. It's sanctioned by the National and it's designed to perpetuate the Legion. You know, people 0 like myself get old. This is the purpose of it, however, they have the same privleges other than voting or participating in that manner. Interview by Investigator MONTEEN Case No. 86 -20094 Page 5 Q. They cannot hold office in the Post, but they can one in....... A. They have their own echelon and officers and a Commander. Q. What are the age requirements for that, do you know? A. There are none. Q. Any male child, I guess> A. At birth and the amount of the dues. Q. Okay. Does you club have to report anything in terms of financial or operational reports made, to the Tenth District on a regular basis. A. The Legion is only concerned with Legion business. They did not offer financial help like mortagages or anything. Their thinking, and I've talked to them, the State Adjutant, and their thinking is, you run a good ship and you keep it, and that's the way we want it. They will, like this situation, we asked for help and they gave us as much as they could and that was well appreciated. Q. Anything lse now, being familiar r with the g h revised operation and the intended operation pe of the club is there anything else you y g 1 y want to et on the he record here regarding the legion club that you think might be pertinent to our ba- ground. A. I'll say this, I c;...'t remember the date that it was chartered, but it started on a shoestring and the American Legion is dedicated to the service of the community and it is served by, the Legion itself is served by the people in all walks of life. They aren't born Commanders, or born Treasurers or this or that. Sometimes, and it's a newly elected Office, people get tired of the time they put in and the next year they're out. They don't want it, so you naturally get a different number of people involved. And, over a period of years this has become slack. In other words, it started out with a cigar box and a case of beer, now their into deliveries and the cash register. Times don't necessarily make changes, they create the necessity for changes and to say, "Let's do it like we did last year ", is an easy way out per se, not an unconcerned person, I'd say an educated person in that area. And sometimes these decisions are made hurriedly and maybe without checking. The Legion has never been what you call a wealth or big g money place, but you can appreciate too, going to an attorney anytime you, you know, and because there are no real professionals in this situation you do take people's word maybe a little too longer than you should. Q. One other question I've got regarding the size of the club. The facility up there is open on a regular basis and serves the Legion. Do you rent any of the facility out for the purpose of benefits, receptions or.... A. No, the best we could come close to that, the Post Office Union meets for a meeting for a half hour. In situations like that we have J • Interview by Investigator MONTEEN Case No. 86 -20094 Page 6 rented the club out on a Sunday for Wedding Anniversaries, things like that. We do not open. Our booze is put away and their booze is put out. We require one bartender there to, you know, watch the club. But we don't make any money .... Q. It has to be a very limited number of people to be accomodated by that particular facility. A. Yeah, well in fact the Police Department wanted to have one down there a few years back, but they didn't want to have a bartender there. Bloomington and Brooklyn Center. Or Brooklyn Center and Brooklyn Park. Q. I guess I don't have any more questions, if you've some for me why.... A. What I can think of, I just hope that out of all this that it doesn't look like we're hiding something, because it' not, it's just that we got to change and we can't do it overnight. But, we are on the road to doing it and with your help and anybody else that can put an input into it, it certainly is going to be done and done right. F 7 The following is an interview of Perry RONNEI taken at the Brooklyn Center Police Department at 1518 hours on the 12th of December, 1986. This interview is conducted in relation to the application of the Duoos Brothers American Legion for a liquor license to operate On -Sale Liquor as a Club within the City of Brooklyn Center. This is Brooklyn Center Case No. 86- 20094. This interview is conducted by Investigator A. Paul MONTEEN, transcribed and typewritten by Lori NOVAK, clerk- typist for the Brooklyn Center Police Department. Q. Would you state your full name for the record please, spelling your last name? A. Perry RONNEI. R- O- N- N -E -I. Q. And your age and date of birth? A. I'm forty -one; 10- 20 -45. Q. Perry, what's your membership status at the Duoos Brothers American Legion? A. I'm Commander. Q. How long have you been a member? A. Seventeen years. Q. Have you been a member of any other clubs? A. No. Q. And what branch of the military did you serve in? A. Navy. Q. What dates, do you recall? A. I went in 1963. Q. You're currently the Commander of the club, right? A. Uh -huh. Q. What other offices have you held there? A. Well, the last year I was Sergeant -of -Arms and I ______ till that last year or so. Then I've been ... when I first joined I was a Second Vice at one time and various other ones. Q. So you've been through pretty much the rank structure? A. Yeah, I guess. Q. Regarding the operation of the club, could you explain for me the structure under which the club currently operates and will operate the bar section? A. As of the new way its gonna be operated or what? Q. Yeah. A. The new operation is instead of having one person run the bar and taking his orders from the Housing Corporation, there will be a five man committee that runs the bar and they'll take care of the whole bar situation. Interview by Investigator MONTEEN Case No. 86 -20094 Page 2 Q. Who will be in charge of the day -to -day affairs of the bar ... opening, closing, problems which occur at the spur of the moment, under the new operation? A. The bar committee...Don. Q. Maybe you can explain for me what's the structure of the bar committee ... is there a president, vice president or chairman, vice chairman...? A. Don's the chairman and then the other people are on the committee with Don and everything discussed once a month at the meeting, you know, with all the bar people. Q. Are there any other ranks in there... treasurer, secretary or...? A. No. Q. Who is responsible for the bookkeeping of the liquor operation and auditing the books, etc.? A. That's gonna be...it hasn't started yet but there will be an auditor for the bar itself, just for the bar itself. Q. One bookkeeper for the bar? A. Right. Q. And then these books are regularly audited by an outside committee or CPA? A. Right. Q. Will the bar committee then be responsible for the charitable gambling operation in the bar? A. No. Q. Who will that fall under? A. That will fall under the four man committee on the gambling committee. Q. I've got a couple of questions relating to the operation of the bar currently. At the present time there is what, a manager, a bartender and...? A. There is one, you know, bar manager and he has three people that work for him part -time. Q. And is this job still currently operating or is that inactive? A. As of right now, yes, until the bar committee get together... we've only had one meeting so far. Q. Have you... apparently you've done some research in order to form this bar committee to change the operation. How did you arrive at the committee type operation? A. We went to the 10th District Commanders Post, which is in Osseo, and had a four hour meeting on a Saturday and discussed how they Interview by Investigator MONTEEN Case No. 86 -20094 Page 3 operate their bar over there and their gambling and we come under the consideration that instead of one person doing it like we have been doing, we're better off to have a four or five committee for each different thing we do. Q. Relating then again to the operation of the bar, the bookkeeping for the bar at present is done by the bar manager? A. Right. Q. And then who takes care of the books for the rest of the club? A. The Finance Office and the Housing Corporation takes care of the books on the bar. Q. So basically the guy just does a daily close -out sheet and turns everything over to the Finance guy? A. Right. Q. And who is your charitable gambling... A. Manager? Q. Yeah. A. Well, we have just one person, that's John WATERMAN. . Q. And he's a finance officer? A. Right. Q. Is he also the finance officer for the Legion Club as well? A. No. Q. Just for the Housing? A. Right. Q. Are you familiar with an incident of alleged gambling other than charitable gambling in the bar in which the police department was involved a short time ago? A. Yes, I was there. Q. Can you ... are you familiar enough with that ... did you have any... how did those games get into the operation, very simply. A. They got into the operation...the person came into the—from Dean's Vending came in to the Housing Corporation and asked if he could bring the machines in and from there it went ... the Housing Corporation wouldn't vote it in so they brought it in front of the general membership meeting and the general membership meeting brought the games into the Legion Club. Q. And they then operated until the time that the police department removed them? A. Right. Interview by Investigator MONTEEN Case No. 86 -20094 Page 4 Q. Currently there are still certain video games, pinball machines, etc. that would be played up there that are of the type that payoff say a game for points and things of that nature? A. Right. Q. What about other incidents of alleged gambling in terms of card playing, poker playing, things of this nature...what's the status of that within the club? A. There is none anymore. Q. And that's basically a house rule type situation? A. Yeah, that went into effect ... oh, its gotta be over like two years ago or something like that. They said we couldn't have any poker games and dice whatsoever to shake for a drink or anything like that. The only thing there is now is cribbage and a little gin. Q. And as far as you know that's not played for money? A. No, there's no money involved whatsoever. Q. Does Dean's Vending Machines still service the vending machines that are currently installed up there? A. Yes. Q. Okay, membership requirements. Who are members of the club? A. Who are members of the club? The members of the club are people that have served in the service during a wartime. Q. And then there is also auxiliary membership for wives? A. Right. Q. Significant others too, I suppose? A. Well, wives, yeah both wives and /or daughters and SAL's or Sons of the American Legion. Q. Sons of the American Legion... could you explain that for me. This is a new...? A. Its something new into the Legion although it has been for the last... its been about five years, four years, something like that. As for the Sons of the American Legion, if you weren't in the service and your father was, or your grandfather, you have a right to become an American Legion under the SAL law. Q. That's if your ... one of your parents, grandparents has to have maintained membership in the organization? A. Not membership, no, just if they had been in the service during a wartime. Q. Okay. A. The reason is because the American Legion is dying down in their membership. This is to bring more members in the American Legion. Interview by Investigator MONTEEN Case No. 86 -20094 Page 5 Q. These Sons of the American Legion, do they hold office within the American Legion itself? A. No. Q. Is that an auxiliary organization? A. They have their own little... just like we do, you know, they have a commander and they have a secretary... they have their own little group. Q. You are a club under the auspices of the 10th District of the American Legion, is that correct? A. Yes. Q. That's something I had to clarify for myself, I always thought it was the 5th District. A. No, its the 10th. Q. And that's headquartered out of Osseo at the present time? The new manager is? A. That's where his Post is. Q. And basically the headquarters of the District moves from Post to Post with the commander, does it not? A. Well, there is no specific headquarters. Its just all of the 58...I think its 58 Legions in the 10th District right now. Q. And are you required as a Post to file any operational or financial records with the 10th District or the national office of the American Legion on a regular basis annually or otherwise? A. Not that I know of. Q. That's it. The following is an interview with John B. WATERMAN, taken at the Brooklyn Center Police Department at 1330 hours on December 8, 1986. This interview is in regards to Brooklyn Center Case File 86- 20094, the application for an on -sale club intoxicating liquor license for the American Legion Post. Q. John, will you state your name for the record and spell your last name? A. John WATERMAN, W- A- T- E- R- M -A -N. Q. And your age and date of birth? A. 10/17/49, it makes me 37. Q. Okay. Your here regarding the liquor license at the American Legion Club, Duoos Brothers Post in Brooklyn Center? A. Right. Q. And, what is your status in terms of membership with the club. A. I'm the Treasurer, on the Housing Board. Q. How long have you been a member of the American Legion? A. I think it is four years now. Q. And this is the only post that you are a member of? A. Yes. Q. What branch of service did you serve in? A. I didn't. Q. You did not serve? A. No. Q. Pardon me, how do you become a member of the American Legion then? A. Well, when I originally signed up I was going to sign up as a son of a Legionaire member....... Q. Okay. A. and I got a regular card so I just renewed it every year. Q. What are the sons of the American Legionaires A. To qualify, your father had to be a member. Q. Is this a nationally recognized membership? A. Yes. Q. Ah, and do they..... apparently they hold office in the club. Do they hold office in the Fifth District or in the nation? A. I'm not sure. Q. Your currently the Treasurer of the Housing Board? A. Right. Q. And as that, what is the ..... what is your responsibilities. A. I pay all their bills and write out the paychecks. That's about it Interview by Investigator MONTEEN Case No. 86 -20094 Page 2 I guess. Q. We'll ask you more questions regarding that in a minute, I believe. Have you held any other offices in the Post. A. No. Q. Oh, regarding the operation of the club, can you explain the organizational structure of the Housing Board as it relates to the operation of the club? A. Umm, the Housing Board is in charge of the building, maintenance and the bar. Q. Okay, and do you meet regularly in order to discuss the operation of the facility then? A. We meet on a monthly basis. Q. Who is in charge of the day to day affairs? A. The American Legion, it's the ---- ___ ---- the exact board. It's a committee just for American Legion affairs. Q. They do the ...... there in charge of the day to day operation of the club? A. Right. Q. And who sits on this board? A. Ah, there's five members on this board. I'm not sure exactly who they are, it changes every year. Q. They have the authority to hire and fire and appoint bartenders and... A. That's the Housing. Q. Who operates the bar? A. The Housing Corporation. Q. And who operates the bar on a day to day basis? A. The Housing corporation. Q. Who is in charge of it? Let's say you and I were to go up there now, who would be in charge? A. We have a Bar Manager hired, Mike RONNEI, and he took care of ordering all the liquor, food, pricing, bar tender scheduling. He is in charge of all that and he was also our full time bartender. Q. Is he still with the organization? A. He's with the organization as a Bartender. Q. He's their Manager or.... A. No. Interview by Investigator MONTEEN Case No. 86 -20094 Page 3 Q. So there is no one individual responsible now for say, ordering, buying, selling. A. No. We changed that over to a Committee now. We went up to Osseo and we got some recommendations from them on how they run their Club. There is four people in charge of the Bar, the Bartenders, Inventory, everthing like that. Q. And are these four people all on the Housing Committee? A. I believe three of them are and we were going to elect one off the floor at the general meeting which is tomorrow night. I'm not real sure about this, it is brand new to me too. Q. Will the Housing Board then be responsible for training your employees, both voluntary bartenders and paid bartenders and that sort of thing. A. By the Housing Board do you mean old Housing Board or.... Q. Whatever your on now. A. Okay. That's the Bar Committe that we just came up with in the last month. Yeah, they will be in charge of all the bar functions. Bartenders, everything like that. The Housing will be just in charge of maintenance of the building. Q. You as Treasurer are responsible for all the bookkeeping, payment of bills, you also make liquor inventory reports and those things that are necessary for state regulations? A. Yes. Q. Is that ever audited or regularly audited. g Y A. It's audited every month. We send everything to an accountant. A Public Accountant in St. Paul. He gives us monthly reports. He balances our bank account, the checks, everthing. Q. Do you know the name of your Auditor by chance? A. Yeah, I do. Jack BETCHER. I had to think a minute. Q. Are you then responsible, this is the bookkeeping for the bar. A. Right. Q. Ah, the bookeeping let's say for the charitable gambling operation, and the American Legion etc. Are you responsible for that as well? A. No that is completely separated. Q. Okay. You've...... A. There has been a Committee set up for that also. Q. You've been a member for approximately four years correct? A. Right. Interview by Investigator MONTEEN Case No. 86 -20094 Page 4 Q. And specifically relating to the incident, or to the operation of the facility surrounding the bar, which we will kind of refer to as the Bar..... A. Okay. Q. ...are you familiar with incidents of alleged gambling other than the charitable gambling that has taken place up there? A. Um, the poker machines are you referring to? Q. The poker machines, the..... A. Yeah, we had those poker machines there for quite awhile. Q. How did they come about? Were you familiar with that incident? A. Ah, I was at the meeting that .... when it all did come about. Q. What was the purpose in putting those in, do you recall? A. Making money, obviously it is the only reason we put them in. Yeah, the guy from the vending company, I don't remember his name just off hand, he came and told us about these poker machines and said they had them out all over town and from what he told us they weren't legal or illegal and if they became illegal they could pull them out the same day, but we should have them in there because they were a good fund raiser. We decided to call around and check it out. We called up to Gordons and we called over Crystal somewhere and a couple of other people that he said he had machines in their establishments. We asked them if they had any trouble and they said, "No ", so we put them in. Q. Do you currently keep video games, pinball machines, etc. installed in there? A. Yeah. Q. Does Dean still service these? A. Yeah. Q. Any of those currently paying off in cash? A. No, no. Q. Is there any other gambling games regularly played up there that you are familiar with? A. None. Q. That's one of the house rules now that no gambling or..... A. Yes, stronger than ever now. Q. Who has access to the Club? A. The Bar Manager Mike RONNEI, and I believe the Commander. Q. They are the only two that can open and close it for business Interview by Investigator MONTEEN Case No. 86 -20094 Page 5 hours? A. Right. The Night Bartender he can get out, but he can't get back in. Q. Okay. What about membership requirements. First of all we have members who are as I understand it, U. S. Military veterans who served during conflict. World War I, World War II, Korea or Vietnam. That's full membership, is that correct? A. Right. Q. Who else holds membership in the club. A. Any of their sons. The sons of any Legionaire. That's called the S.A.L., and the Auxilary, which is the wives. Q. And then, of course, members of other American Legion Posts by showing proper identification, have access to the club. A. Right. They are a guest. Q. And there are some regulations made for certain guests to come in with a club member? It's appropriate........ A. Anybody in the community can come in there with a member, a guest. They sign the guest book. Q. Those are the bass <........ A. Right. Q. The organization is sanctioned by the American Legion, -Fifth District, State of Minnesota. Are you required to file any operational or financial reports with the District or National Office? A. Not that I know of, but that doesn't mean that we don't. I think that the Commander might have to fill out a yearly report to them, I'm not sure. I don't really know about that. Q. Anything else that you can think of that I haven't covered about the operation of the bar itself in the liquor establishment? A. No, actually we are doing quite a few changes right now so we all have a lot of questions between ourselves even, and the Bar Committe is going to be a much better idea. When we get it going and when we all agree on something beside what we are going to do for sure, it will be run a lot better I'm sure of that. Q. I take it that you have done some polling among some other legion clubs of same or similar makeup and size. Are they ... do they tend to run the same type of operation: A. Actually, they've had the same similar problems as us in the past when they had it running like ours. We got together with two or three different clubs and this is what we kind of pooled together with all of them. They really did give us a lot of good advice. How to run things with committees instead of one person in charge of so much. S t DEPARTMENT • CITY OF OF ROOKLYN FINANCE .CENTER � MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 15, 1986 SUBJECT: 1986 AUDIT AGREEMENT I have attached the agreement for the independent certified audit of all City funds for the calendar year 1986 as submitted by our auditors, Seifert, Betts & Co., Ltd., Certified Public Accountants. Please present the proposed agreement to the City Council. As you will • recall, the Council directed us, during the adoption of the 1987 General Fund Budget, to engage our present auditors for the 1986 audit, rather than to seek proposals from other firms. If the agreement meets with the Council's approval, the Council should, by motion, authorize the Mayor and City Manager to enter into the agreement. The 1986 audit is guaranteed to cost no more than $15,325. That compares to a guarantee of $16,650 for the 1985 audit. Respectfully submitted, Paul W. Holmlund PWH:ps �� m 1?4 SEIFERT, BETTS & CO., LTD. !` CERTIFIED PUBLIC ACCOUNTANTS i December 3, 1986 Honorable Mayor, Members of the City Council, City Manager and Director of Finance City of Brooklyn Center, Minnesota This agreement will confirm our understanding of the arrangements for our examination of the combined financial statements of the City of Brooklyn Center, Minnesota for the year ending December 31, 1986. We will examine the City's combined, combining, individual fund, and account group financial statements for all of the City's Funds and Account Groups as listed in Exhibit A. The examination will be made for the purpose of expressing a professional opinion as to the fairness with which the financial statements present, in all material respects, the financial position, the results of operations, and changes in financial position of its proprietary fund types, as of and for the year then ended in conformity with generally accepted accounting principles applied on a basis consistent with the prior years. Our examination will be made in accordance with generally accepted auditing standards; the provisions of Standards for Audit of Governmental Organizations, Programs, Activities and Functions, promulgated by the U.S. Comptroller General, as they pertain to financial and compliance audits; the Single Audit Act of 1984 (Pub.L. No. 98 -502) and the provisions of the Office of Management and Budget's (OMB) Circular A -128, Audits of State and Local Governments which implements the Act; the provisions of the OMB Compliance Supplement for Single Audits of State and Local Governments; the provisions of the Legal Compliance Audit Guide promulgated by the Legal Compliance Task Force pursuant to Minnesota Statutes Sec. 6.65; and, accordingly, will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. We will review the system of internal accounting control as required by generally accepted auditing standards to evaluate the degree of reliability of the data to be tested and to determine the nature, extent, JAMES W. SEIFERT, CPA and timing of other audit tests that are required in the circumstances. GEORGE D. BETTS, CPA Our engagement is subject to the inherent risk that material errors, KENNETH P. JAEB, CPA irregularities, or illegal acts, including fraud or defalcations, if they LARRY S. LARRY S. PO PL CPA exist, will not be detected, although their discovery may result. JANE L. HOYUM, CPA However, we believe the scope of the engagement offers an acceptable CINDY K. HAYES, CPA DOUGLAS F. BERGSTROM, CPA balance between conclusive reliability and reasonable audit costs. It provides for inquiries and selective tests of operating procedures, 612/546-3306 7035 Wayzata Blvd. • Suite 100 • Minneapolis, Minnesota 55426 -1777 • City of Brooklyn Center December 3, 1986 Page 2 including those designed to safeguard property. It gives reasonable assurance that the overall financial position and the results of operations are fairly presented on the basis indicated. It should be recognized, however, that it gives less assurance as to the accuracy of the individual items appearing in the financial statements since the tests are directed toward forming an opinion on the financial statements taken as a whole. We will, of course, inform the City Council if, as a result of this examination, it is felt there is a need for someone to investigate more specifically for possible irregularities or needed changes to the accounting system and procedures, or review them more extensively, with a view to minimizing the possibility of future losses. The audit shall be conducted in accordance with minimum procedures for auditing pursuant to the provisions of Minnesota Statutes. The Auditor shall make specific comments and recommendations with regard to any non- conformity with procedures prescribed by statute or charter. We shall report as to whether the accounts are kept in accordance with a proper classification of accounts and as to any defects in the accounting plan and financial procedures that make it difficult to provide for an internal audit or for proper accounting and audit by independent auditors. We shall also report any failure of the Finance Department to make financial reports required or needed for administrative purposes. It is understood that our responsibility in cases where a municipal officer or officers receive or hold funds for other authorities shall be limited if we are not authorized to examine the accounts of such officers in this extra capacity. The period of the audit shall be the calendar year 1986, performing field audit procedures with a subsequent review of records from the date of the balance sheet to the conclusions of field work to obtain any information which may materially affect the report as prepared by the City. We reserve the right to prior examination and approval of any printed matter in which the auditor's opinon is published or released for use by any third party. We shall make a more extensive investigation where circumstances 'disclosed by the audit call for a more detailed investigation than would be necessary under ordinary circumstances. In any event of this nature, we shall notify the City Council the reason for, and the extent of, the additional procedures required. It is understood that additional compensation shall be paid for such services performed. This engagement is conditioned on our understanding that management will assume the City's full responsibility for recording and reconciling all general ledger account activity prior to submitting the trial balance for examination, make all final adjustments to all general ledger accounts, City of Brooklyn Center • December 3, 1986 Page 3 prepare all working papers and schedules in support of balance sheet accounts in an acceptable format and that all supporting schedules will fully document the trial balance a ce provided to us. The nature and content of operating statement account supporting schedules will be determined from the results of the evaluation of internal accounting control and other statistical tests to be performed prior to the commencement of audit field work. Such supporting schedules will be prepared by management in an acceptable format and will be submitted to us for examination. In the event management requests us to assist in these areas, it is understood that an additional fee shall be paid for such services performed. No additional fee will be performed unless prior approval is received from the Finance Director. The listing of preparation work to be performed by the City Staff is attached as Exhibit B. Generally accepted y pt auditing standards require that we obtain a written statement of management representations prior to the issuance of the audit report. We will discuss the form and content of the statement to be signed by the Manager and Financial Director of the City. Upon completion of all auditing procedures, formulation of the auditor's opinion and our receipt of management's written representation, we will publish our opinion on the . financial statements. Barring any unforseen circumstances or any delays, we expect to publish our opinion on the financial statements no later than June 1, 1987 The types of Financial Statement Opinions are outlined as follows: 1. The expression of an unqualified opinion indicates that the financial statements meet in all material respects, the established criteria for a fair presentation. 2. The expression of a qualified opinion results from limitations imposed by management on the scope of the examination, the inability to perform the examination in accordance with enerall g Y accepted auditing standards due to limitations imposed by management or existing circumstances, or the inability to apply generally accepted auditing standards which results in a material departure from the established criteria for a fair presentation of the financial statements. 3. The expression of an adverse opinion results from material departures from generally accepted accounting principles, their inconsistent application, or inadequate disclosure of financial information so significant that a qualified expression of opinion is not justified. 4. A disclaimer of opinion results where scope limitations or existence of uncertainties are so significant, they preclude the auditor from formulating an opinion on the presentation of financial statements taken as a whole. City of Brooklyn Center December 3, 1986 Page 4 We expect to issue an unqualified opinion on the City's financial statements. If during the performance of the audit, we conclude that an unqualified opinion cannot be issued, we will promptly notify the Finance Director and the City Manager in writing stating all matters which preclude the issuance of an unqualified opinion. In connection with the annual audit, we will issue the following: 1. Auditor's Report on General Purpose Financial Statements; (combined, combining, and individual funds). 2. Auditor's Report on Supplementary Schedule of Federal Assistance. 3. Auditor's Comments on Compliance for Single Audits. 4. Auditor's Report on Internal Accounting Control based solely on a study and evaluation made as part of a Single Audit. 5. Auditor's Report on State Legal compliance. 6. A management letter containing comments on compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by-us as auditors. The preparation and printing of the report shall be the responsibility of the City subject to review by us as to content, appearance and matters of presentation so as to enable us to fulfill our responsbilities as they relate to proper disclosure. We shall receive three (3) copies of the printed report. The audit engagement will commence after the approval of this contract by City Council and will be supervised by George Betts, an officer of the firm of Seifert, Betts & Co., Ltd. and by Larry Jacobson, an audit manager experienced in governmental audits. A senior accountant will be employed on this engagement on a near permanent basis. Work not of senior capacity will be performed by staff assistants whenever practical. Our fees for these services will be based on the actual time spent at our standard hourly rates. The time required on this engagement will be accumulated by category as to officer, manager, staff assistants and support staff classifications and will be available to the city upon request. The hourly rates to be charged are as follows: Personnel Category 1986 1987 Officer $ 44.00 $ 45.80 Manager 41.00 42.60 Supervisor /Senior 31.00 32.20 Junior /Para Staff 19.00 19.20 City of Brooklyn Center December 3, 1986 Page 5 We guarantee that the total charges to the City for the regular audit fee will not exceed $15,325.00 for 1986. Payment shall be made as follows: 1. On completion of 60% of the estimated hours of the engagement, an interim billing hall be submitted allowing for a 10% g g retainage and; 2. On completion of the audit fieldwork, which is the date of our report, an interim billing shall be submitted for total hours accumulated through that time allowing for a 10% retainage. 3. The balance due shall be paid upon completion of the various audit reports and submission of a final invoice for the services performed. Option: The Council may, by resolution, at the time of acceptance of this contract, extend the contract to include the audit for the year 1987. In that event, we guarantee that the rate increase for the second year of • the contract will be no greater than 4.0% or a fee of $15,950.00. The fee arrangement for services requested outside the terms and conditions of this proposal will be arranged outside of this proposal. We are pleased to have this opportunity to serve you. If this letter correctly expresses your understanding, please sign the enclosed co where indicated n PY and return to us. Respectfully submitted, 4 Y George D. Betts, President SEIFERT, BETTS & CO., LTD. Approved: By Mayor By City Manager anager • CITY OF BROOKLYN CENTER EXHIBIT A Investment Trust Fund General Fund Federal Revenue Sharing Fund Anti - Recession Fiscal Aid Fund Public Employees Retirement Fund Diseased Tree Removal Fund LCMR and Lawcon Fund Community Development Block Grant Fund Open Space Land Acquisition Fund Housing & Redevelopment Authority Fund General Obligation Debt Service Funds Tax Increment Debt Service Funds General Capital Projects Fund Minnesota State Aid Fund Water Fund Sewer Fund Municipal Liquor Fund Fire Department Relief Association Agency Fund General Fixed Asset Group of Accounts General Long -Term Debt Any additional funds established to account for operations in which the • City is involved. CITY OF BROOKLYN CENTER EXHIBIT B CLIENT'S AUDIT PREPARATIO14 CHECI:LIST General: 1. Prepare working trial balances. 2. Make available for review, copies of all minutes from the first day of the audit year to the date the audit is completed. 3. Prepare copies of resolutions related to: A. Tax levies and cancellations B. Assessment rolls adopted and adjustments C. Bond issues D. Interfund transfers E. Payroll authorizations F. Budget and adjustments thereto G. Establishing rates for licenses, fees, and permits 4. Copies of: A. Deferred compensation arrangements 5. Preparation of confirmations for audit personnel to review and mail: (forms and letters to be provided by auditor) S A. Checking accounts B. Savings and investments C. Security for deposits D. Attorney's letter E. Federal Revenue Sharing Aids F. County Auditor G. State Aids H. Bond paying agents I. Utility receivables Cash: 1. Prepare a reconciliation for each cash account. 2. Investment Trust Fund year -end balances by fund which agrees to general ledger. 3. Investment Trust Fund interest allocations for the year, including year -end accruals. 4. Have bank statements available for all cash accounts. Special Assessments and Accounts Receivable: 1. Prepare reconciliations for utility receivables to general ledger at year -end. 2. Prepare listing of other accounts receivable. 3. Reconciliation of special assessment receivable subsidiary ledger to general ledger by Fund. CITY OF BROOKLYN CENTER EXHIBIT B . CLIENT'S AUDIT PREPARATION CHECKLIST S ecial Assessments and Accounts Receivable: (continued) 4. Update delinquent assessment and tax forfeit receivables and agree to general ledger. 5. Schedule comparing deferred special assessments receivable per county with city records. 6. Listing of special assessments receivables deferred for Green Acres, Senior Citizens and others which may apply. 7. Prepare an analysis of reserve for delinquent taxes. 8. Prepare a schedule of taxes receivable written off during the year. 9. Prepare a schedule of any notes receivable and make available for inspection. 10. Prepare a schedule of due from other governmental units. 11. Prepare a schedule of due from other funds. Inventory: 1. Price, extend and foot the original inventory sheets, and have them available. Prepaids: . 1. Prepare an insurance schedule. The policies should be available for inspection. 2. Prepare schedules for other prepaids. 3. Pull invoices for insurance payments made during the year. 4. Pull invoices for all prepaid payments made during the year. Property, Plant, Equipment: (Capital Outlay 1. Prepare a PP &E Summary Schedule - computer summary 2. Prepare schedules of PP &E additions. 3. Prepare a schedule of PP &E retirements. 4. Prepare depreciation schedules. 5. Pull invoices for additions on the above schedule upon request by Auditor. Accounts Payable: 1. Prepare a schedule of (vouchers) accounts payable. 2. List all disbursements in excess of $50,000.00 for two months following the close of the year. 3. Pull invoices for the above disbursement list. 4. Pull invoices for the above schedule of accounts payable for all payables in excess of $10,000.00 5. Prepare a schedule of contracts payable. . CITY OF BROOKLYN CENTER EXHIBIT B CLIENT'S AUDIT PREPARATION CHECKLIST • Accounts Pa able: (continued) 6. Prepare schedule of due to other governmental units. 7. Prepare schedule of due to other funds. 8. Prepare schedule of accrued salaries. 9. Schedule of special assessments payable on city owned properties. Accrued Expenses: 1. Prepared schedules of accrued vacation and sick pay by fund or account group. 2. Deposits payable Debt: 1. Prepare a summary schedule of bonds payable. 2. Prepare copies of all bond agreements originating during the year. 3. Compute accrued interest as of year end. 4. Prepare schedule of inter -fund loans. Other: I. Update schedule of MWCC deferred payments and agree to general ledger. 2. Prepare schedule of bond discount amortization. Income: 1. Prepare a schedule of income tie -out for: a Property ) P Y taxes b) Special assessments 2. Prepare analysis of miscellaneous income 3. Provide schedule of license fee charges by type of license. 4. Schedule and pull receipts in manner directed by auditor. Expenses: 1. Schedule and pull invoices for test work as directed by auditor. 2. Prepare schedules of professional fees and expense accounts. (Accounting /Legal) 3. Prepare schedules of repairs, maintenance, and minor equipment expense accounts in excess of $10,000.00. 4. Prepare schedules of consultants expense accounts. 5. Prepare schedules of payroll tax expense accounts. 6. Prepare analysis of any miscellaneous and other expense accounts. 7. Prepare schedules of rental and lease expense accounts. 8. Prepare p re schedules of travel and entertainment expense accounts in excess of $1,000.00. r' CITY OF BROOKLYN CENTER EXHIBIT B CLIENT'S AUDIT PREPARATION CHECKLIST Expenses: (continued) 9. Pull invoices for all items in the above expense accounts schedules. 10. Prepare copies of all new leases that originated during the year. 11. Provide copies fo construction project cost summaries for current year. 12. Provide listing of construction projects completed. 13. Schedule interfund transfers. 14. Provide schedule on construction projects reflecting estimated cost, project financing, and project costs to date. Other: I. Copies of file documents showing compliance with Federal Financial Assistance Programs. 2. Prepare a draft copy of the financial statements. , MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, HRA Coordinator DATE: December 19, 1986 SUBJECT: Goodwill Recycling Center During the 1985 session of the Minnesota Legislature, a law was passed mandating that metro area landfills will not be allowed to accept municipal solid waste unless it has been through a resource recovery facility first. The legislature also empowered metro area counties (Hennepin) to adopt ordinances requiring the separation of recyclable materials. Hennepin County has adopted an ordinance requiring each community to reduce the amount of solid waste generated within its respective boundaries by 16 percent by 1990. The 16 percent figure was established by the Metro Council and adopted by Hennepin County. The implementation and enforcement of the Policy is the responsibility of each community under the ordinance. If a community fails to implement a program by January 1, 1988 or implements a program that does not meet the 16 percent reduction goal by 1990, than Hennepin County can enforce Section V of the ordinance (attached) requiring occupants of all buildings (commercial and residential) to separate the waste. Aluminum, glass, paper and metals would all be packaged separately under rules established by the county. With this general background, Brooklyn Center has given consideration to establishing a recycling center under our joint powers sanitation agreement with Brooklyn Park and Crystal. At this time, a site has not been selected, however, it appears as if Menards new site in Brooklyn Park will be the site. It is proposed that the three (3) communities enter into a contractual agreement with Goodwill Industries to operate a recycling center. Their budget for 1987 (attached) is $19,673. Brooklyn Center's share would be $5,645.50. The allocation of cost is based upon the number of households in each community. In essence, Goodwill will operate a center, provide all the staffing, insurance, record keeping, and recycling of materials brought to the site by residents. The communities involved would provide the site and certain capital items, most noteworthy being a converted semi - trailer. Start -up costs total $19,673. To finance this program, the legislature will rebate $4 per ton of material collected and recycled. Also, $.50 per household is rebated to communities participating in such a program. The money for both will come from the Metropolitan Council's landfill abatement fund. Memo to Gerald G. Splinter December 19, 1986 Page 2 In order to capture Brooklyn Center's share of the start -up costs, it is necessary for the City to incur costs in 1986. Our $5,645.50 share of the cost will be recovered from the Metro Council fund. The annual operating costs will be recovered from Metro Council also except for $72.50 per Goodwill's contractual budget. Council action required will be the amending of the 1986 budget in the amount of $5,645.50 for this program and authorizing the City Manager to sign a joint powers contract with Goodwill. ,, ORDINANCE NUI��R TEIIRTE�1 SOLID WASTE SODRCE SEPARATI( FOR CIF MPIN MUM An ordinance regulating the separation of recyclable materials from mixed municipal solid waste by generators, before collection of such materials within Hennepin County; defining the geographic area and the types of materials subject to designation; establishing procedures and principles to be followed by the various municipalities located in Hennepin County in order to reduce the volume of solid waste generated in the County as specified herein; in order to promote the health, welfare and safety of the public pursuant to Laws of Minnesota 1969, Chapter 847, and Minn. Stat. Section 473.801, et. seq. WHEREAS, the Metropolitan Council, by state statute, has established a source- separation goal of at least sixteen (16 %) percent for Hennepin County; and WHEREAS, in accordance with Minnesota Statutes, Hennepin County is required to establish source - separation goals for each city in Hennepin County; and WHEREAS, said sixteen (16 %) percent source - separation goal is hereby established for each city in Hennepin County; and WHEREAS, the County desires to provide financial incentives for cities to establish source - separate programs to meet their city's source - separation goals and contribute toward meeting County source - separation goals; and WHEREAS, the County desires to establish a further inducement to cities to develop source - separation programs which meet source - separation goals by adopting a County source - separation ordinance requiring the separation of mixed municipal waste by generators, before collection, of materials which can be readily se - separated far use or - _ -uses, and -.. III WHEREAS, the County desires to support local source - separation programs by establishing a facility or facilities to receive, store, process and /or prepare for sale, reuse, or otherwise dispose of recyclable materials. The County Board of Hennepin County, Minnesota, does ordain: SECTION I DEFINITIONS The following words and phrases, when used in this ordinance, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section. Subsection 1 "Aluminum Recyclables" shall be deemed to include all disposable containers fabricated primarily of aluminum and commonly used for soda, beer, or other beverages. Subsection 2 "Can Recyclables" shall be deemed to include all disposable .containers fabricated primarily of metal or tin. Subsection 3 "Cities" means statutory and home rule charter cities and towns authorized to plan under sections 462.351 to 462.364. 1 I I Subsection 4 "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time when the waste is delivered to a "waste facility ". Subsection 5 Collector /(s) means any person /(s) who owns, operates or leases vehicles for -the purposes of- collection and transportation of any type of mixed municipal solid waste, and /or recyclables. _- Subsection 6 "Compostible Material" means organic material consisting of grass clippings, leaves and other forms of organic yard waste. Subsection 7 "-County Board" is defined as the Hennepin County Board of Commissioners and their authorized representatives. Subsection 8 . "Department" means the Hennepin County Department of Environment and Energy. Subsection 9 "Facility" means any resource recovery facility or related Transfer Station or similar facility to which waste is required to be delivered. Subsection 10 "Garbage" means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subsection 11 "Generation" means the act or process of producing waste (as defined in Minn. Stat. Sec. 115A.03, Subd. 11). Subsection 12 "Generator" means any person who generates waste (as defined in Minn. Stat. Sec v 5A._ 03, -Subd. 12) . Subsection 13 � Recyclables" shall be deemed to include jars, bottles and containers which -are transparent or translucent and primarily used for packaging and bottling of various matter. Subsection 14 '.'Hauler" means a collector or transporter of recyclable materials. Subsection 15 "Metropolitan Council" means the council established in Minn. Stat. Sec. 473. Subsection 16 "Mixed Municipal Solid Waste" means garbage, refuse and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires and other materials collected, processed and disposed of as separate waste streams. Subsection 17 "Municipality" means any incorporated city within the boundaries of Hennepin County, Minnesota. Subsection 18 "Paper Recyclables" shall be deemed to include paper of the type commonly referred to as newsprint. Expressly excluded, however, are all magazines or similar periodicals. 2 v Subsection 19 "Person" means any human being, any municipality or other public agency, any public or private corporation, any partnership, any firm, association, or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing or any other legal entity. Subsection 20 "Political Subdivision" means any municipal corporation, - governmental subdivision of the state, local government unit, or special district. Subsection 21 "Recyclable Materials" means all items of refuse designated by the Hennepin County Department of Environment and Energy to be part of an authorized recycling program and which are intended for transportation, processing and remanufacturing -or reuse. Subsection 22 "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes. Subsection 23 "Source Separation" means the separation of recyclable materials from mixed municipal solid waste..at the source of generation. -= Subsection 24 "Solid Waste" has the meaning given it in Minn. Stat. Section 116.06, Subdivision 10. -- Subsection 25 "Recyclable Materials Processing Facility" means a facility established and used for the receiving, storage, preparing and /or processing of recyclable materials for sale or reuse. Subsection 26 "Waste Tire" means a pneumatic tire or solid tire for motor vehicles as defined Jinn :' Stat. 169.01. and included in the Solid Waste Management Plan pursue:: ,; -;to Minn. Stat. 115A.46. SECTION II GENERAL PROVISIONS Subsection 1 It shall be the responsibility of each municipality to adopt an ordinance or ordinances relating to the separation of recyclables within the boundaries of the municipality, the purpose of said ordinance being to reduce the amount of solid waste generated within the municipality by at least 16% during calendar year 1990 which is an amount established by the Metropolitan Council and adopted by the Hennepin County Board as set forth in Hennepin County Solid Waste Master Plan. Subsection 2 The implementation and enforcement of said ordinance shall be the responsibility f each respective spective municipality. If a municipality should fail to implement a program by January 1, 1988, or implement a program which fails to meet the 16% waste reduction percentage during calendar year 1990, as set forth in Subsection 1, the provisions appearing in Section V of this Ordinance shall come into effect. This Ordinance shall not prohibit a municipality or municipalities from entering into agreements relating to any facet of source separation of recyclables. 3 SECTION III REPORTING REQUIREMENTS Subsection 1 Each municipality shall report all information relating to waste generation, collection and disposal within its boundaries to the Hennepin County Department of Environment and Energy. Such information shall include but not be limited to; data on tonnage generated in the municipality, data on recyclable materials generated and collected within the municipality, and such additional information as is requested by the Department of Environment and Energy. Such information shall be provided on an annual basis by or on March 1st of each year, or as otherwise directed by the Department of Environment and Energy. SECTION IV MUNICIPAL FAILURE TO MEET STANDARDS ESTABLISHED IN SECTION II -If any municipality fails to establish or implement a source - separation ordinance as provided in SECTION II, or fails to meet the percentage level of waste reduction as established by the County Board, the County Board may implement a source- separation program which includes source separation provisions as provided in- section V, within the boundaries of said municipality. If such a program is implemented it shall be enforced upon all persons residing in said municipality. This ordinance shall be applicable to all municipalities, unincorporated areas, and political subdivisions within the geographical boundaries of Hennepin County Minnesota. SECTION V SOURCE SEPARATION PROVISIONS The County Board may implement any of the provisions contained in this section within the bcdaries of a municipality, if said municipality fails to meet the requirer- = es' blished in section II of this ordinance. A. PRE - COLLECTION AND COLLECTION Subsection 1 Pre - collection. All persons who are owners, lessees, and occupants of any building, commercial or residential, within Hennepin County, which generates mixed municipal solid waste, shall separate from all solid waste the designated recyclable materials before disposal, removal or collection: a.) Paper recyclables, which shall be bundled separately and /or secured in such a manner as to prevent them from being blown or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags. b.) Aluminum recyclables shall be clean of all contents and such recyclables shall not be placed in plastic bags. c.) Glass recyclables shall be clean of all contents. Caps, lids and all metal shall be removed prior to collection and such recyclables shall not be placed in plastic bags. 4 L , d.) Can recyclables shall be clean of all contents. Can recyclables shall not be placed in plastic bags. All aluminum, glass and can recyclables shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste in a manner consistent with the rules, regulations and procedures adopted by the County Board. Subsection 2 Container Requirements Containers shall be provided by all persons who are owners, lessees, or occupants of any building, commercial or residential, and shall be: a.) maintained in a clean and sanitary condition in accordance =with all pertinent health statutes, ordinances, rules and regulations; -" b.) located in such a manner so as to prevent them from being - overturned or obstructing pedestrian or motor vehicle traffic or being in violation of any statute, ordinance, rule or regulation; and. c.) adequate and substantial enough to contain the recyclables therein. Such further specifications relating to containers may be adopted by the County Board. Subsection 3 C^l ection. The collection, removal and disposal of recyclables shall be per;, ecl by the County Board, which shall have the power to establish the tir method and routes of service. Special times for large item pick -up may also- established. Collection provisions shall include but not be limited to the following: a.) Notice of dates and times of collection will be published or otherwise made available to persons affected herein. b.) The Department may establish drop -off or collection sites where any person may deposit recyclables at such times and locations as determined. c.) It shall be unlawful for any person other than employees of the Department, or authorized persons, collectors or haulers to distribute, collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. d.) Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non - profit or charitable purposes. 5 e.) Nothing in this Ordinance shall abridge the right of any authorized recycling program to lawfully operate within Hennepin County, subject to such other licenses or other regulations as may be required by law. f.) It shall be unlawful for a person to collect, remove or dispose of mixed municipal solid waste which consists of recyclables combined with other forms of mixed municipal solid waste. B. VIOLATION AND PENALTY Subsection 1 Misdemeanor. Any person who fails to comply with the provisions of this ordinance may 9 be charged with a violation not exceeding a misdemeanor and upon conviction shall be punished as provided by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Subsection 2 Remedies Cumulative No remedy set forth in this Ordinance for violation of this Ordinance is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or now or hereafter existing at law or in equity or by statute. No delay in the exercise of any remedy for any violation of this Ordinance shall later impair or waive any such right or power of the County. Subsection-:2 - -- Relief. In the event of a violation or a threat of - Ordinance, the County may institute appropriate act .s or proceedings including application for injunctive relief, action to compel performance or other appropriate action to prevent, restrain, correct or abate such violations or threatened violations. Subsection 4 Costs and Special Assessments a). If a Hauler or any Person within said County collects or disposes of recyclables in violation of this Ordinance, the County may take the necessary steps to correct such violations and the costs thereof may be recovered in a civil action in any court of competent jurisdiction or, at the discretion of of the County Board, the costs may be certified to the County Auditor as a special tax against the real property owned by such hauler or person. b). If any municipality, unincorporated area, or political subdivision within the geographical boundaries of Hennepin County fails to meet the requirements established in Section II of this ordinance, the County Board, to the extent that it has assumed the responsibilities that the local unit has failed to assume pursuant to Section II, may seek reimbursement in any court of competent jurisdiction, for all costs, expenses and expenditures which the County has incurred incident to the 6 adoption, implementation, administration and enforcement of a source - separation ordinance within the boundaries of a local unit. C. ENFORCEMENT Subsection 1 Warnings. The Department or any of its duly authorized representatives and collectors and haulers of recyclables, may issue a warning notice to any person observed not in compliance with any provision of this Ordinance _a.) The warning notice shall be on such form(s) as provided by the Department. b.) Forms shall be provided to collectors and haulers who may issue such warning notices by placing or attaching them to waste containers or on the premises where the violation occurs. C.) A copy of any warning notice as issued by a collector or hauler shall be forthwith sent to the Department. Subsection 2 Collection Refusal. A collector or hauler may, upon issuance of a warning notice for noncompliance, _not accept for collection the noncomplying waste materials. Subsection 3 Costs for Compliance. A collector or hauler may, upon issuance of a warning for noncompliance, undertake to render any noncomplying recyclables placed for collection to be in compliance and a reasonable fee for undertaking shall be allowed and reported to the Department. The Department may certify the fee AMst:aZ tc_ the County Auditor as a special tax to be assessed against the _-aal property of the person in noncompliance. Subsection 4 Citations. The Department or any of its duly authorized representatives shall have the power to issue citations for violations of this Ordinance, but this shall not permit such representatives to physically arrest or take into custody any violator except on warrant duly issued. a.) Form of Citations: Citations shall contain at least the following: (1) The name and address of the person charged with the violation or the owner or person in charge of the premises at which the violation occurs. (2) The date and place of the violation. (3) A short description of the violation followed by the section of this Ordinance violated. (4) The date and place at which the person receiving the citation shall appear and a notice that if such person does not respond, a warrant may be issued for such person's arrest. 7 (5) The name of the person issuing the citation. (6) Such other information as the Court may specify. b) Issuance of Citations: Whenever any representative of the Department discovers any violation of this Ordinance, he may issue a citation to the person alleged to have com- mitted the violation and such citation shall be in the form specified in paragraph A) of this subsection. Such citation shall be made out in quadruplicate (4). One copy thereof shall be issued to the person alleged to have committed the violation; one copy shall be filed with the Department; two copies thereof shall be filed with the County Ordinance Violation Bureau [hereinafter referred to as Bureau]. C) Issuance: The citation shall be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent, expressly or impliedly authorized to accept such issuance. d) Appearance: After the issuance of the citation and - within such time as shall be fixed by court rule, the person charged with the violation shall report to the Violations Bureau. e) Complaint: If the person charged with the violation does not app --r at " Bureau within the time specified &-,,- ;dirt mule., the Bureau shall send him a notice direr;;�,tig him to respond to the citation within seven days of the date of the notice and if such person fails to respond, the Bureau shall cause a complaint to be signed and a warrant to be issued for the arrest of such person to compel his appearance in court. SECTION VI SEPARABILITY It is hereby declared to be the intention of the County Board that the several provisions of this ordinance are separable in accordance with the following: Subsection 1 If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment. SECTION VII PROVISIONS ARE ACCUMULATIVE The provisions of this Ordinance are accumulative to all other laws, ordinances and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this Ordinance. 8 a M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Thomas L. Heenan, Supervising Sanitarian RE: Recycling Program - Hennepin County Ordinance DATE: October 17, 1986 Hennepin County has adopted a solid waste ordinance that, in effect, will require us to operate a recycling Y g program. The cities of Crystal and Brooklyn Park wish to use the existing Health Department Joint Powers Agreement to comply with this requirement. You have indicated that this would be desireable for Brooklyn Center. We have, therefore, drawn up a proposed resolution for the Council's consideration. The Metro Council funding would cover all the capital costs to start a recycling center. The -°° ^posed budget for 1987, to operate the center, would provided by grant monies except for $72.50 (see attached y roposed budget). We would be contracting for this with Goodwill Industries and the figures provided reflect their estimates. The proposed contract with Goodwill is attached. We, however, must have grant application and contracts signed within the next few weeks to qualify for 1986 funding. TLH:jt Encl. ATTENDED DCN,' TIGTI CENTER FUNDING REQUEST CAPITAL EXPENSES TRAILER - Used but still roadworthy refrigerator unit. 40' to 45' $ 9,500.00 unit with cooling compressor removed. Painted to speci- fication and ready to spot /roll. Tax and license Lettering and /or Logos $ 1,500.00 STEPS - Five -tier steps constructed of steel with railings. $ 300.00 42 high. HEATING UNIT - Alvena Er] 15 BTU heating system installed. $ 450.00 UL and Fire Department approved. PROPANE GAS - Gas for heating trailer for eight months of the year. $ 200.00 100 pounds at $25.00 per month. (approx.) ANNUAL PREVENTATIVE MAINTENANCE - Trailer check and service of $ 400.00 - hoses, brake system, lighting, lubrication, tire replacement /repair. CONTAINERS - 020 Dura - Tainer -with 3 11 -casters $ 3,474.00 48" x 28 x ID. 6 = $ 541.50 #2 DT Jumbo Carts with 5 " casters 60" x 36 x 60TT ID. 6 = $1 9 437.00 Fiberglass trucks with casters 16 bu I #4 3 = $1 9 495.50 TOTAL UNIT MATERIAL COST $15,924.00 All of the capital equipment will be invoiced at one time. The other expenses will be invoiced as they are incurred and will be invoiced monthly. Any of the above costs that can be provided by the city /county to reduce the total budget will be welcomed. This is the total cost of the recycling center. We have developed a center on as little as $1,688. Our concept is very flexible and we will work to meet your needs and utilize available funds. This project can be set up with only several months lead time. Using household abatement monies, capital expenses can be submitted in 1986 and wages submitted in 1987, assisting with the cash flow. ADC2 /3.1 HTTr.:D D DOi�ATIC ?d Ct, ;TAR SECOND YEAR Attendant - 8 hours per day, 365 days per year, 2,920 hours x 4.75 per hour including 14% fringe 13,870.00 Additional Attendant - 8 hours per day Saturday and Sunday for the months of May, June, July, August and September. 400 hours x 4.75 per hour including 14% fringe 2,166.00 Management- training, management, public relations and record- keeping. 8.55 per hour x 140 hours 1,197.00 Propane Gas - Gas for heater for eight months of the year. 100 pounds at $25.00 per month (approx.). 200.00 1 t r-nual Preventative Ifaintenance - Trailer check and se-- of hoses, brake system, lighting, lubrication, tire replacement /repair. 400.00 i Miscellaneous Expenses - Infor_..ational sigrage 325.00 Forms, office equipment used on site 100.00 Scaling (weighing, empty and full) $5 a weight x 6 per week x 52 1 TOTAL 19,818.00 � }M i i f " ADC /9.1 L PROPOSED BUDGET FOR JOINT ATTENDED DONATION CENTER Project Started in 1986 Capital expenses 15,924 Household abatement funds 1986 Brooklyn Center 5,645.50 Brookly Park 9,450.50 Crystal "4;577:00 19 673 Excess funding available for other projects b r Projects Costs for 1987 19,818 Wages Household abatement funds (1986) 19;673 (Could be higher if households increase) Net project cost 145 Hennepin County 50% funds - 72.50 Cost of joint project in 1987 72.50 Tons Estimated Waste Abatement 480 - 600 Ar Z t DE12/31 i HENNEPIN COUNTY SOLID WASTE MASTER PLAN DRAFT s - October 3, 1986 Department of Environment and Energy Hennepin County, Minnesota Another energy - recovery facility proposed to be built by the Reuter Company will handle another 146,000 tons per year of the county's waste. This facility is not sponsored by the county but is being developed and financed independently. Ash from all combustion facilities in the county will be landfilled until uses for this ash can be found. The county be investigating other facilities and methods to handle additional volumes of waste generated in the county. These additional facilities are necessary to help meet the county's long -term goal of 100% landfill disposal abatement. v The report also specifies plans to recycl e approximately 160,000 tons per year '�.► (16 percent) of waste generated in the county - the Metropolitan Council' �► recycling goal f or the county. Minnesota Statutes require the county to set VZ t e s pecific recycling goals or each city o e first, second, and third class. At the recommendation of the county's advisory committee -, t county has set a uniform 16 percent recycling goal for all cities in the county The main elements of the county's recycling plan are a county fundin program for local recycl1 g programs, and a county recyc ing ord'anance_. under the funding p ortion, each city is obligated to establish a recycling ro ram to meet or exceed ese ci e_county's 16% recycling go an a count will fund 50% to 80% of .y ro rams de n in on g e eve o re cycli ng ac ieve . g Pe g is a y � art � ntel1 � �y Under the recycling: :ding ce element, each city is obliged to establish a cit recycling ordinanc- In cities where the combination of the cit recycling ordinance and a rea ciin2 pro - preferably curbside collection prog - do n ot ac ieeve city recycling goals, the county re ordinance will app y The county ordinance requ ires residents to kee2 cans, glass and newspapers separate f rom other garbage for separate collection T he county will also continue its yard - waste - composting program Commercial recycling will also be important; however, t county's initial focus will be on residential reaclina and continuation and expansion of and -waste composting. Re clin licit and is e ucation will 'oint effort ty the countyand cities. The following figure summarizes the county's daily waste generation, and the waste reduction, recycling, and waste -to- energy programs planned to utilize this waste. This figure also indicates additional facilities will be needed to handle seasonal surges in waste generation to minimize long -term use of sanitary landfills. The county is in the process of planning facilites for these seasonal waste volumes. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET AND AUTHORIZING A JOINT POWERS CONTRACT WITH GOODWILL INDUSTRIES WHEREAS, the 1985 Minnesota Legislature enacted a law which mandated that metro area landfills will not be allowed to accept municipal solid wpLste unless it has been through a resource recovery facility first; and WHEREAS, the City of Brooklyn Center has decided to establish a recycling center under its joint powers sanitation agreement with Brooklyn Park and Crystal; and WHEREAS, the joint powers group will contract with Goodwill Industries to operate the recycling center; and WHEREAS, it is necessary for the City to expend $5,645.50 in 1986 for its share of the start -up costs; and WHEREAS, the entire cost will be reimbursed by the Metropolitan Council from its Landfill Abatement Fund; and WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, not exceed the actual receipts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1986 General Fund Budget as follows: 1. Increase the appropriation for Professional Services (Account No. 01- 4310- 000 -51) in the Health Budget (Activity No. 51) by $5,700. 2. The source of financing for the above appropriation shall be a grant from the Metropolitan Council Landfill Abatement Fund. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and the City Manager to sign a joint powers contract with Goodwill Industries. 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. Licenses to be approved by the City Council on December 22, 1986: BOWLING ALLEY LICENSE Earle Brown Bowl 6440 James Circle 0 0. *. .2�rc City Clerk ,Q%c CIGARETTE LICENSE Marc's Big Boy 5440 Brooklyn Boulevard Brookdale Ford 2500 County Road 10 Brooks Superette 6800 Humboldt Avenue N. Budgetel Inn 6415 James Circle Canteen Company of Minnesota 6300 Penn Avenue S. FMC 1800 Freeway Boulevard Chuck's 365 1505 69th Avenue N. M & S Drug Emporium 5900 Shingle Creek Pkwy. Earle Brown Bowl 6440 James Circle Holiday Inn 1501 Freeway Boulevard Ideal Drug 6800 Humboldt Avenue N. Jerry's Brookdale Super Valu 5801 Xerxes Avenue N. Jimmy Jingle 1304 East Lake Street Brookdale Corporate Center 6300 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. Service America Corporation 7490 Central Avenue NE Dayton's Brookdale Center Graco 6820 Shingle Creek Pkwy. MTC 6845 Shingle Creek Pkwy. Snyder Brothers Drug Brookdale Center Theisen Vending Company 3804 Nicollet A- nue S. T. J. Applebee's Brookdale Center Chuck Muer's Restaurant 2101 Freeway Boulevard Ramada Hotel 2200 Freeway Boulevard T. Wright's 5800 Shingle Creek Pkwy. Thrifty Scot Motel 6445 James Circle Bill West Union 76 2000 57th Avenue N. Total Petroleum, Inc. 6830 Brooklyn Boulevard Wes' Amoco 6044 Brooklyn Boulevard Woodside Enterprises 11889 65th Avenue N. Bakers Square 5601 Xerxes Avenue N. �• City Clerk COURTESY BENCH LICENSE U. S. Bench Corporation 3300 Snelling Avenue k,* L) City Clerk FOOD ESTABLISHMENT LICENSE Hickory Farms Brookdale Center I L , YIl1. Sanitarian GASOLINE SERVICE STATION LICENSE ` ,�J �`�� Chuck's 365 1505 69th Avenue N. � City Clerk A ESTABLISHMENT LICENSE udgetel Inn 6415 James Circle Holiday Inn 1501 Freeway Boulevard �p e City Clerk 4 NONPERISHABLE VENDING MACHINE LICENSE Midwest Vending Company 8850 Wentworth Avenue S. Pilgrim Cleaners 5744 Morgan Avenue N. Service America Corporation 7490 Central Avenue NE MTC 6845 Shingle Creek Pkwy. Sanitarian NURSING HOME LICENSE Maranatha Conservative Home 5401 69th Avenue N. Sanitarian OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Avenue N. Chuck's 365 1505 69th Avenue N. Country Club Market 5715 Morgan Avenue N. Country Store 3600 63rd Avenue N. Jerry's Brookdale Super Valu 5801 Xerxes Avenue N. Super America #4058 1901 57th Avenue N. Super America #4160 6545 West River Road C of of Police ON -SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Avenue N. Chuck Wagon Inn 5720 Morgan Avenue N. Davanni's 5937 Summit Avenue N. Denny's Restaurant 3901 Lakebreeze Avenue N. 50's Grill 5524 Brooklyn Boulevard Little Brooklyn 6219 Brooklyn Boulevard Pizza Hut 6000 Shingle Creek Pkwy. Rocky Rococo's 1267 Brookdale Center Scoreboard Pizza 6816 Humboldt Avenue N. (l ief of Police Q ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE 1 ✓,.,,[ T. Wright's Restaurant 5800 Shingle Creek Pkwy. ief of Police 6 PERISHABLE VENDING MACHINE LICENSE Service America Corporation 7490 Central Avenue NE MTC 6845 Shingle Creek Pkwy. 7 • I V��?l1�)'! Sanitarian POOL & BILLIARD TABLE LICENSE Holiday Inn 1501 Freeway Boulevard � City Clerk PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle Holiday Inn 1501 Freeway Boulevard �• fl . W.Q ?�� City Clerk RENTAL DWELLING LICENSE Initial: Thomas Dunlap 5814 Ewing Avenue North Renewal: Randall B. Cook 5347 Brooklyn Boulevard Fred Johnson 5324 Bryant Avenue North Guy and Patricia Reuss 5824 Camden Avenue North Larry Fields 6618 Camden Drive North Ronald Nyberg 5301 Dupont Avenue North H.E. Homes, Inc. 6804 Fremont Place H.E. Homes, Inc. 6809 Fremont Place H.E. Homes, Inc. 6820 Fremont Place H.E. Homes, Inc. 6824 Fremont Place H.E. Homes, Inc. 6831 Fremont Place Walt Halberg 6835 Fremont Place Vernon Vendel 5651 Knox Avenue North Henry R. Johnson 6736 Scott Avenue North Eugene W. Hess 3218 63rd Avenue North H.E. Homes, Inc. 1323 67th Lane Walt Halberg 1326 67th Lane H.E. Homes, Inc. 1339 67th Lane Nancy and Jack Huang 5419 70th Circle Gladys Perisian 3806 72nd Avenue North nA Director of Planning and Inspection SIGN HANGERS LICENSE Midway Sign Company, Inc. 444 North Prior Avenue L _ Buil 'ng Official GENERAL APPROVAL D. K. Weeks, City Clerk MEMORANDUM TO. Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: December 16, 1986 SUBJECT: Report on On -Sale Nonintoxicating Liquor License Holders Licenses for on -sale and off -sale nonintoxicating liquor are presently up for renewal. The police department does a yearly report of all on -sale license establishments. This year, we submitted the on -sale intoxicating liquor report in November, when those licenses went for renewal. We divided the on -sale nonintoxicating license holders out at that time and are submitting their report at this time. Beacon Bowl -_6525 Lyndale Avenue North There were five incidents reports at this location during the 1986 license year. Thefts 3 Vandalism 1 Aid and Assist 1 Chuck Wagon Inn - 5720 Morgan Avenue North There was only one call to this establishment during the license year. Vandalism 1 Davanni's - 5937 Summit Drive A total of 33 incidents were reported at this location during the year. Background investigations 2 False alarms 15 Burglaries 4 Theft 1 Aid & Assist 5 Lost Property 1 Theft Related 1 Forgery 1 Miscellaneous Public 3 On -Sale Nonintoxicating Liquor Report Page 2 December 16, 1986 Dennv's Restaurant - 3901 Lakebreeze Avenue North Incidents at this establishment were previously reported in connection with their On -Sale Wine license. DWI arrest 1 Weapons offense 1 Dog complaint 1 Medicals 3 Aid & Assist 8 Miscellaneous Public 9 Theft 2 50's Grill - 5524 Brooklyn Boulevard There was a total of 16 calls to this establishment during the license period. Medical 1 Mental Case 1 Family Dispute 1 Aid & Assist 8 Miscellaneous Public 5 Little Brooklyn Restaurant - 6219 Brooklyn Boulevard The total number of calls to this establishment for the license period was two. Miscellaneous Public 1 Aid & Assist 1 Pizza Hut - 6002 Shingle Creek Parkway Pizza Hut opened in July of 1986. There were five calls for service to this establishment since that time. Background investigation 1 Vandalism 1 Aid & Assist 1 Miscellaneous Public 2 On -Sale Nonintoxicating Liquor Report Page 3 December 16, 1986 Scoreboard Pizza - 6800 Humboldt Avenue North There were no calls for service to this establishment during the license year.