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Home My WebLink About1985 12-30 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 30, 1985 7:00 p.m. Regular Session 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 Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes a. December 9, 1985 - Regular Session *b. December 11, 1985 - Special Session 7. Presentation by Hennepin County Park Reserve District 8. Mayoral Appointments * a. Housing Commission *b. Human Rights Commission *c. Park and Recreation Commission *d. Planning Commission *e. Weed Inspector 9. Appointment of Two Members to the Mississippi Park Corridor Study Commission (River Ridge Park) 10. Final Plat: *a. Shingle Creek Center Second Addition *11. Proclamation Declaring September 17, 1987 as United States Constitution Day 12. Resolutions: *a. Accepting Quotations for a Copy Machine *b. Amending the 1985 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 an Unexpended Appropriation for Government Buildings Capital Outlay from the 1985 Budget to the 1986 Budget -The City was not able to install a new heating system in the West Fire Station during 1985, although it was budgeted. There were also several other Capital Outlay items in the Government Buildings budget that were underexpended. This resolution will transfer $30,000 of these unexpended appropriations to the 1986 Budget to provide for the installation of the heating system and needed funds for the completion of City Hall redecorating. This resolution will also decrease the 1985 Budget by $30,000. t CITY COUNCIL AGENDA -2- December 30, 1985 • d. 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 e reimbursed for these purchases b the Y A Y Federal Revenue Sharing Fund. This resolution will accomplish that purpose. • e. Transferring Unexpended Appropriations for the Command Center Van and Warning Sirens from the 1985 Budget to the 1986 Budget -These items will not be completed until 1986 although they were budgeted for 1985 This resolution will cancel the 1985 appropriations and transfer them to 1986. * f. Accepting Work Performed under Contract 1985 -K Street Improvement Project Nos. 1985 -12, 1985 -13 and 1985 -14 - Street reconstruction on Dallas Road, Wingard Lane, and 65th Avenue North. g. Approving Plans and Specifications for Construction of Centerbrook Golf Course (Project No. 1985 -23, Contract 1986 -C) h. Approving Supplemental Agreement to Contract with C.S. McCrossan, Inc. to Provide Fill Materials for Golf Course Development i. Approving Plans and Specifications for Installation of a Water Utility Control System (Project No. 1985 -19, Contract 1986 -D) • j. Approving Plans and Specifications for Police Department Remodeling - Phase II (Project No. 1986 -02, Contract 1986 -B) -This project includes remodeling of the public entrance and clerical work area in the Police Department. • k. Establishing Water Assessment Rates Effective January 1, 1986 -This resolution adjusts the water hookup rates, based on the Consumer Price Index, as per existing policy. 1. Establishing Assessment Rates for Street Reconstruction Projects During 1986 • M. Approving Amendment of the 1986 Employee Position and Classification Plan -This resolution provides for reclassification of the Superintendent of Parks and Streets to the position of Public Works Superintendent • n. Acknowledging Gift -The Korean Presbyterian Church of the Twin Cities (located in Brooklyn Center) presented the City with a gift of $200 on Christmas Eve and asked that the gift be used for a charitable purpose. We suggest using it for the Mediation Project. • o. Authorizing the Transfer of $10,000 from the Contingency Fund to Police Department Capital Outlay - Because the Police Department's canine car was recently demolished in an accident, it is recommended the Police Chief's car be rotated into use as a canine car and that a leased car be purchased for his use. CITY COUNCIL AGENDA -3- December 30, 1985 13. Public Hearing (7:30 p.m.) a. Public Hearing on a Proposed Multifamily Housing Revenue Bond Program (Earle Brown Commons Project) under Minnesota Statutes, Chapter 462C as Amended. 1. Resolution Adopting a Housing and Bond Program for the Issuance of Multifamily Housing Revenue Bonds for the Earle Brown Commons Project and Authorizing Submission of Same to the Minnesota Housing Finance Agency and the Metropolitan Council 14. Planning Commission Items: (7:45 p.m.) a. Planning Commission Application No. 85040 submitted by Brian Zubert requesting site and building plan and special use permit approval to construct a 152 room, all suite hotel on the the vacant parcel of land immediately east of Earle Brown Bowl, south of Freeway Boulevard. This item was recommended for approval by the Planning Commission at its December 17, 1985 meeting. b. Planning Commission Application No. 85041 submitted by City of Brooklyn Center HRA requesting preliminary R.L.S. approval to resubdivide for conveyance purposes the Earle Brown Farm site and Ryan Construction Company's vacant parcel at the northeast corner of Earle Brown Drive and Summit Drive. This item was recommended for approval by the Planning Commission at its December 17, 1985 meeting. 15. Ordinances (8 :00 p.m.) a. An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control -This item was first read on December 9, 1985, published in the City's official newspaper on December 19, 1985, and is offered this evening for a second reading. b. An Ordinance Vacating Easement in Thomas Construction 2nd Addition -This ordinance is offered for a first reading this evening, and involves an area around Evergreen Park Apartments. C. An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs -This ordinance is offered for a first reading this evening. d. An Ordinance Amending Chapter 34 Regarding Wall Signs for Enclosed Shopping Malls -This ordinance is offered for a first reading this evening. 16. Authorize the Mayor and City Manager to Execute Local 49 Public Works Master Labor Agreement -This collective bargaining agreement covers the period January 1, 1986 through December 31, 1986. 17. Discussion Items: a. Restructuring of Traffic Safety Advisory Committee b. Policy on Charitable Gambling *18. Licenses 19. 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 9, 1985 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 :09 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, City Attorney' Richard Schieffer, Finance Director Paul Holmlund, Director of Planning Inspection Ron Warren, Director of Recreation Arnie Mavis, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. Mayor Nyquist noted that Councilmember Celia Scott is absent from this evening's meeting, and said that Councilmember Hawes will be a few minutes late to the meeting. INVOCATION The invocation was offered by Pastor Robert Cilke of Brookdale Christian Center. 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 Lhotka requested that items 8a and 8k be removed and Councilmember Theis requested that item 8j be removed from the Consent Agenda. APPROVAL OF MINUTES NOVEMBER 18, 1985 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of November 18, 1985 as submitted. Voting in favors Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. FINAL PLAT APPROVAL There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the proposed RLS by Lombard Properties, which will combine into a single parcel three tracts of land located northeast of LaBelle Is at the corner of Earle Brown Drive and Summit Drive. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the final plat of Northtown Plaza 3rd Addition, a replat of the properties owned by R.L. Brookdale Motors, Inc. (i.e., Brookdale Pontiac /Honda). Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. 12 -9 -85 -1- There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the final plat for Richardson Addition, formerly proposed Freeway Boulevard RLS by Lombard Properties located on Freeway Boulevard between Holiday Inn and Budgetel. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -214 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 1986 MIDSIZE PICKUP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -215 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 1986 3/4 TON CARGO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: .none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -216 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) FOUR -DOOR POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was du seconded b member g g Y Y Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -217 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MICHAEL BEAUCHANE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -218 Member Gene Lhotka introduced the following resolution and moved its adoption: 12 -9 -85 -2 RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET TO PROVIDE FOR FUNDING OF THE BROOKLYN CENTER HIGH SCHOOL TENNIS COURT LIGHTING SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -219 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED SERVICE AND CONTRIBUTIONS OF THOSE ASSISTING IN BROOKLYN CENTER'S ALL - AMERICA CITIES COMPETITION PRESENTATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -220 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER PROJECT NO. 1985 -02 (CONTRACT 1985 -B) FOR RECONDITIONING OF WATER TOWERS NO. 1 AND 2 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor hereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -221 Member Gene Lhotka introduced the following resolution and moved its adoptions RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985 -22 ( CAULKING AND SEALING IMPROVEMENT AT CIVIC CENTER AND MUNICIPAL GARAGE) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -222 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1984 -16 (CITY GARAGE /7 ELEVEN STORE FUEL TANK RECONDITIONING) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -223 Member Gene Lhotka introduced the following resolution and moved its adoption: 12 -9 -85 -3- t RESOLUTION ESTABLISHING PROJECT NO. 1986 -03 FOR RECONDITIONING OF WELLS NO. 5 AND 7 AND APPROVING SPECIFICATIONS THEREFOR (CONTRACT 1986 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -224 Member Gene Lhot"Ra introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FURNISHING OF A STREET SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: BOWLING ALLEY LICENSE Earle Brown Bowl 6440 James Circle CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. Advance Carter Co. 850 Decatur Ave. N. Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6150 Brooklyn Blvd. Brooklyn Center Liquor #3 5711 Morgan Ave. N. Denny's Restaurant 3801 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Bill's Vending Service 7317 W. Broadway Brooklyn Center Getty 6245 Brooklyn Blvd. Brookdale Mobil 5710 Xerxes Ave. N. B. C. American Legion Post #630 4307 70th Ave. N. Brooks Superette 6800 Humboldt Ave. N. Budgetel 6415 James Circle Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. Country Club 5715 Morgan Ave. N. Duke's Standard Service 6501 Humboldt Ave. N. Earle Brown Bowl 6440 James Circle Holiday Inn 1501 Freeway Blvd. Ideal Drug 6800 Humboldt Ave. N. Interstate United Corp. 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. Jerry's Super Valu 5801 Xerxes Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Red Owl Country Store 3600 63rd Ave. N. 12 -9 -85 -4- 1 Theisen Vending 3804 Nicollet Ave. S. T.J. Applebee's, Brookdale Center Chuck Muers 2101 Freeway Blvd. T. Wrights 5800 Shingle Cr. Pkwy. Thrifty Scot 6445 James Circle Bill West 76 2000 57th Ave. N. Twin City Vending Co. 1065 E. Highway 36 Earle Brown Farm Ind. Park 6100 Summit Dr. Wes' Standard 6044 Brooklyn Blvd. Woodside Enterprises 11889 65th Ave. N. Bakers Square 5601 Xerxes Ave. N Yen Ching Restaurant 5900 Shingle Cr. Pkwy. COURTESY BENCH LICENSE U.S.. Bench Corporation 3300 Snelling Ave. FOOD ESTABLISHMENT LICENSE Willow Lane PTA 7020 Perry Ave. N. GARBAGE HAULERS VEHICLE LICENSE Block Sanitation 6741 79th Ave. N. GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Ave. N. Brooklyn Center Service 76 6245 Brooklyn Blvd. Davies Water Equipment 4010 Lakebreeze Ave. N. Duke's Standard Service 6501 Humboldt Ave. N. Humboldt Ave. Service 6840 Humboldt Ave. N. Osseo- Brooklyn Bus Company 4435 68th Ave. N. Plum ,Company 6840 Shingle Cr. Pkwy. Bill West Service Center 2000 57th Ave. N. LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Blvd. Marc's Budgetel 6415 James Circle Riverside Motel 5608 Lyndale Ave. N. MECHANICAL SYSTEMS LICENSE Dependable Heating & Air Cond. Inc. 2619 Coon Rapids Blvd. Hoove -Aire, Inc. 2916 Nevada Ave. N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brookdale Mobil 5710 Xerxes Ave. N. Brooks Superette 6804 Humboldt Ave. N. Country Club 5715 Morgan Ave. N. Jerry's Super Valu 5801 Xerxes Ave. N. Red Owl Country Store 3600 63rd Ave. N. Super America 6545 W. River Rd. Super America 1901 57th Ave. N. POOL & BILLIARDS TABLE LICENSE Advance Carter Co. 850 Decatur Ave. N. Brooklyn Center Community Ctr. 6301 Shingle Cr. Pkwy. Holiday Inn 1501 Freeway Blvd. 12 -9 -85 -5- r PUBLIC DANCE LICENSE Earle Brown Dowl 6440 James Circle Holiday Inn 1501 Freeway Blvd. SPECIAL FOOD HANDLING LICENSE Blue Bird Shop Brookdale Center Norden Imports Brookdale Center Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. COMMISSION APPOINTMENT Mayor Nyquist announced that he had received an application from Mr. Louis Sullivan for membership on the Brooklyn Center Human Rights Commission. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Mr. Louis Sullivan to the Brooklyn Center Human Rights Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Four -Wheel Drive Suburban Type Vehicle, noting that this is an approved item from the 1986 Fire Department Budget. Councilmember Lhotka stated that he was not in favor of this proposal originally, and still is not in favor of it. Mayor Nyquist suggested that this item be deferred to later in the meeting when Councilmember Hawes is present. The City Manager introduced a Resolution Authorizing Capital Projects Fund Appropriation for Portable Stage Unit and Approving Specifications for Purchase of a Portable Stage Unit. The City Manager noted that the portable stage will be somewhat similar to what the City of Robbinsdale owns. He added that the Park & Recreation Commission requested that the permanent bandstand recommended in the recent park bond be deferred, with the preference that the City purchase a portable unit. Councilmember Theis asked what the cost of storage of the portable stage unit will be, and the City Manager noted that the unit will be stored inside of the storage yard at the City garage at no cost. Councilmember Theis asked if the unit will be available to other municipalities, and the City Manager stated there have been times when other communities have traded equipment, and such may be the case in this situation. He added that use for an extended period of time by another jurisdiction may result in charging rent for usage of the unit. RESOLUTION NO. 85 -225 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CAPITAL PROJECTS FUND APPROPRIATION FOR PORTABLE STAGE UNIT AND APPROVING SPECIFICATIONS FOR PURCHASE OF A PORTABLE STAGE UNIT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12 -9 -85 -6- The City Manager introduced a Resolution ion Accepting Work under Project No. 1985 -17 (Contract 1985 -J) for Painting at the Municipal Garage. Councilmember Theis and the Director of Public Works discussed the cost estimates of the project. RESOLUTION NO. 85 -226 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985 -17 (CONTRACT 1985 -J) FOR PAINTING AT THE MUNICIPAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Work under Project No. 1985 -21 (Contract 1985 -L) for Municipal Service Garage Improvement (Installation of Fuel Tanks and Fuel Dispensing System). Councilmember Lhotka asked if any problems related to contamination of the soil have been completely resolved. The City Manager stated that the City has conducted this project under the watchful eye of the Environmental Protection Agency, and explained the process followed by the City and the resolution of any problems related to this project. RESOLUTION NO. 85 -227 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985-21 (CONTRACT 1985 -L) FOR MUNICIPAL SERVICE GARAGE IMPROVEMENT (INSTALLATION OF FUEL TANKS AND FUEL DISPENSING SYSTEM) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Project No. 1986 -01 for the Furnishing and Installation of a New Heating System for the East Fire Station, Appropriating Funds, and Accepting Quotation. Councilmember Theis questioned the use of diesel fuel in vehicles stored at the East Fire Station, and the City Manager and Director of Public Works discussed the situation with Councilmember Theis. Councilmember Lhotka requested an explanation of the infrared heating system. The City Manager and Director of Public Works discussed the heating system with the Council. Councilmember Hawes entered the meeting at 7:25 p.m. RESOLUTION NO. 85 -228 Member Rich Theis introduced the following resolution and moved its adoption: • RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1986 -01 FOR THE FURNISHING AND 12 -9 -85 -7- INSTALLATION OF A NEW HEATING SYSTEM FOR THE EAST FIRE STATION, APPROPRIATING FUNDS, AND ACCEPTING QUOTATION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Project No. 1986 -02 for Phase II of the Police Department Remodeling, Appropriating Funds and Approving Agreement with Lindberg Pierce, Inc. for Providing Architectural Services. The City Manager reviewed the original floor plan of the police department and the proposed remodeling plan. Mayor Nyquist asked if the new public inquiry counter will be across from the elevator, and the City Manager responded affirmatively. Councilmember Lhotka asked what the room next to the elevator is used for, and the City Manager pointed out that this is the equipment room for the elevator. Councilmember Lhotka asked if the dispatchers will be moving to a new location, and the City Manager said they will stay where they are. Councilmember Lhotka asked if the costs of new carpeting and painting are included in this proposal, and the City Manager responded affirmatively. Councilmember Hawes asked if the dispatchers will be able to see the counter area when no clerks are working in the clerical area, and the City Manager stated they will be able to see into the lobby area. Councilmember Hawes asked what form the entry to the clerical area next to the counter will be, and the City Manager noted that a security door will be installed. Councilmember Lhotka asked why a glass wall will be installed on the north side of the corner area, and the City Manager stated this will enable the dispatchers to see into the lobby area and that the glass wall is cheaper than the security gate. Councilmember Hawes asked if the phase II remodeling of the Police Department is included in the 1986 Budget, and the City Manager noted that this item was left out of the 1986 Budget in order to be included in the capital projects fund. RESOLUTION NO. 85 -229 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1986 -02 FOR PHASE II OF THE POLICE DEPARTMENT REMODELING, APPROPRIATING FUNDS AND APPROVING AGREEMENT WITH LINDBERG PIERCE, INC. FOR PROVIDING ARCHITECTURAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Plans and Specifications for Installation of Traffic Control Signal Systems on Shingle Creek Parkway at John Martin Drive and at Summit Drive (Project No. 1985 -20, Contract 1985 -M). The Director of Public Works reviewed the details of this project and noted that the City Council has authorized proceeding with it. Councilmember Lhotka asked what the estimated costs are, and the Director of Public Works stated that the cost at each intersection will be approximately $90,000. 12 -9 -85 -8- RESOLUTION NO. 85 -230 Member Gene Lhotka introduced the following esolution and g moved its adoption: p on; RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT JOHN MARTIN DRIVE AND AT SUMMIT DRIVE (PROJECT NO. 1985 -20, CONTRACT 1985 -M) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Requesting the Minnesota Department of Transportation to Prepare Cooperative Agreement Regarding T.H. 252. Councilmember Lhotka asked how this agreement will affect those items on which the City and the State have not yet reached agreement. The Director of Public Works stated that these items will not be affected." He reviewed the items in the agreement before the Council this evening, and noted that several cooperative agreements with the State will be necessary before the completion of T.H. 252 upgrading. RESOLUTION NO. 85 -231 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO PREPARE COOPERATIVE AGREEMENT REGARDING T.H. 252 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon the following voted in favor thereof Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Quotations for Two (2) Computers. Councilmember Lhotka requested additional information regarding the variation in price from the HRA computer proposal, and asked for further information on what items are included in the costs. As the Housing Coordinator was not in the council chambers at this time, Mayor Nyquist deferred this item to later on in the meeting. The City Manager introduced a Resolution Setting Wages and Salaries for the Calendar Year 1986. Councilmember Theis pointed out that the Council received a great deal of salary information to be digested in one weekend and requested more lead time next year prior to discussing salaries for City employees. The City Manager noted that he had not anticipated as lengthy of an agenda as the one this evening.' Councilmember Theis asked if the new position in the City Manager's office is addressed in the salary plan, and the City Manager noted that the position is for Administrative Aid and is classified the same as the Administrative Aid in the Police Department. RESOLUTION NO. 85 -232 Member Rich Theis introduced the following resolution and moved its adoption: 12 -9 -85 -9- RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1986 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Awarding Insurance Contract. The Director of Finance noted that insurance is very difficult to obtain these days, and reviewed the bids received. Councilmember Theis asked if there is a distinction between those who can and those who cannot obtain insurance, and the Director of Finance stated that it is difficult to know who will have a problem obtaining insurance. Councilmember Theis asked what the consequences would be if the City does not get this insurance, and the Director of Finance noted that the City would find out the costs with the first court case that will come along. The City Manager pointed out that the City's insurance has been very valuable in a recent homicide case in which the City reportedly sold a bottle of liquor to the defendant in the case. Mayor Nyquist asked at what point the City will withdraw from the liquor business, and the Director of Finance said probably when the costs are greater than the income received. Councilmember Theis asked what percentage of the liquor stores gross sales is for the cost of insurance, and the Director of Finance said that one dollar per one hundred dollars of receipts goes towards the insurance. RESOLUTION NO. 85 -233 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager referred back to the Resolution Accepting Quotations for Two (2) Computers. The Housing Coordinator explained the details of the proposal, and Councilmember Lhotka requested an itemization of such proposals in the future. RESOLUTION NO. 85 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS ON TWO (2) COMPUTERS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Specifications and Authorizing Advertisement for Bids for Delivery of, One (1) Four -Wheel Drive Suburban -Type Vehicle. 12 -9 -85 -10- y RESOLUTION N0. 85 -235 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) FOUR -WHEEL DRIVE SUBURBAN -TYPE VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. APPROVAL OF MINUTES — NOVEMBER 25, 1985 - SPECIAL SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the special session of the City Council meeting of November 25, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Hawes. Voting against: none. The motion passed. Councilmember Theis abstained from voting as he was absent from the meeting on November 25, 1985. ORDINANCES The City Manager introduced An Ordinance Vacating an Easement in Outiot 8 Ryan Lake Terrace Addition, Hennepin County, Minnesota. He noted this item was first read on November 18, 1985, published in the City's official newspaper on November 28, 1985, i and is offered this evening for a second reading. The Director of Public Works the ordinance amendment. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating an Easement in Outlot 8, Ryan Lake Terrace Addition, Hennepin County, Minnesota, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Vacating an Easement in Outlot 8, Ryan Lake Terrace Addition, Hennepin County, Minnesota. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -17 Member Bi11 Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING AN EASEMENT IN OUTLOT 8, RYAN LAKE TERRACE ADDITION, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 17 of the City Ordinances 12 -9 -85 -11- to Add Martin Luther King, Jr. Day as a Defined Holiday and Eliminate Columbus Day as a Defined Holiday. He noted this ordinance was first read on November 18, 1985, published in the City's official newspaper on November 28, 1985, and is offered this evening fora second reading. He added that passage of this ordinance will bring City ordinances into compliance with State law. Councilmember Lhotka asked if all concerns expressed at the first reading have been dealt with, and the City Manager noted the primary concern was that employees would prefer to retain the Columbus Day holiday and eliminate the floating holiday. However, he noted that the employees preference is to eliminate the Columbus Day holiday. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances to Add Martin Luther King, Jr. Day as a Defined Holiday and Eliminate Columbus Day as a Defined Holiday, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 17 of the City Ordinances to Add Martin Luther King, Jr. Day as a Defined Holiday and Eliminate Columbus Day as a Defined Holiday. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis asked how the Martin Luther King, Jr. Day is addressed by union contracts, and the City Manager reviewed the current contract situation. ORDINANCE NO. 85 -18 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES TO ADD MARTIN LUTHER KING, JR. DAY AS A DEFINED HOLIDAY AND ELIMINATE COLUMBUS DAY AS A DEFINED HOLIDAY The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control, and noted this ordinance is offered for a first reading this evening. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control and to set the public hearing date on the ordinance for December 30, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Couneilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEM The City Manager reviewed the Voluntary Assessment for the League of Minnesota Cities /NAHRO Tax Increment Finance Study and Lobbying Effort and discussed what would be included in the recommended appropriation. Councilmember Theis asked if this will be an ongoing lobbying effort, and the City Manager stated that such a lobbying effort will not necessarily be needed in every upcoming legislative session. He added that he feels the money is well spent in order to educate the 12 -9 -85 -12- legislators on the needs of cities. Councilmember Theis asked if the lobbyist will be Holmes & Graven, and the City Manager responded affirmatively. Councilmember Theis asked what type of expertise Holmes & Graven have with regard to this subject matter, and the City Manager noted that Mr. Holmes has extensive background related to legislation on tax increment financing. Councilmember Hawes pointed out that he is not in favor of lobbying efforts on the part of anyone. The City Manager noted that it will take a majority of the City Council to pass this proposal and noted that the legislature uses lobbyists to become informed on issues. He added that in this case, the lobbying effort will be a positive one. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the Voluntary Assessment for the League of Minnesota Cities /NAHRO Tax Increment Finance Study and Lobbying Effort. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: Bill Hawes. The motion passed. CONSIDERATION OF A GAMBLING LICENSE FOR V.K. ARRIGONI, INC. (LYNBROOK BOWL) The City Manager-noted that gambling licenses are approved by the State of Minnesota, but a city must object to granting of a license within a certain number of days if it wants the gambling license to be denied. He added that staff recommends denial of the application, referencing a memorandum to himself from the Chief of Police regarding the application. Councilmember Lhotka requested that the City develop a policy on handling similar applications, and the City Manager said this item will appear on the next City Council agenda as a discussion item. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny application of a gambling license for V.K. Arrigoni, Inc. (Lynbrook Bowl). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. CLASS B LIQUOR LICENSE FOR THE GROUND ROUND There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve a Class B liquor license for the Ground Round. Voting in favor: Mayor Nyquist, Councilmembers Viawes and Theis. Voting against: none. The motion passed. L J 1 A& CONFORMANCE IN FINANCIAL REPORTING AWARD Mayor Nyquist requested the Director of Finance to come forward and receive the certificate of conformance in financial reporting presented to the City of Brooklyn Center, Minnesota for its comprehensive annual financial report for the fiscal year ended December 31, 1984. The Director of Finance accepted the award on behalf of the City of Brooklyn Center. PRESENTATION OF RESOLUTIONS TO PARTICIPANTS IN THE ALL - AMERICA CITIES COMPETITION Mayor Nyquist stated that Brooklyn Center has made application to and done quite well in the All - America Cities contest. He added that he is very excited about what has been happening, particularly with the great participation and support of the community. He noted there is a danger of identifying specific individuals contributing to an effort, but stated there are two persons in particular who have done an outstanding job with Brooklyn Center's application to the contest. Mayor Nyquist presented a Resolution Expressing Recognition of and Appreciation for 12 -9 -85 -13- the Dedicated Service of Jim Moffet to Mr. Moffet, who is the Chairman of the All- America Cities Committee for Brooklyn Center. Mr. Moffet stated he is overwhelmed to receive the award and commented that a group commitment existed in accomplishing the City's level of participation. Mayor Nyquist presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Service of Reverend Dick Rabine for Reverend Rabine Is presentation at the All- America Cities Competition in Cincinnati, Ohio. Reverend Rabine expressed his thanks to the City Council and recognized the assistance of Mir. Moffet and Mr. Emil Guzik in preparing the presentation. He also expressed recognition towards the members of the City Council and City staff who assisted in Brooklyn Center's presentation. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8 :52 p.m. DISCUSSION ITEM SKATING RINKS AT RIVERDALE PARK AND LIONS PARK The City Manager introduced a recommendation from the Park & Recreation Commission to the City Council to open the skating rinks at Riverdale Park and Lions Park on weekends and school holidays for the 1985 -86 winter. The Chairman of the Park & Recreation Commission, Mr. Bud Sorenson, reiterated the recommendation originating from the Park & Recreation Commission. The City Manager reviewed the costs calculated by the City, and noted that a petition had been received from the Riverdale Park area residents. He stated the argument from the residents is that there have been changes in the neighborhood, and a skating rink would be used by the many children living in the neighborhood. He added that the Riverdale Park area is separated from the western side of T.H. 252, and the crossing accesses on T.H. 252 are not very good. Councilmember Theis asked how long the skating rinks at Riverdale and Lions Parks have been closed, and the City Manager stated they have been closed since 1982. Councilmember Theis asked if there is any way to monitor activity at the skating rinks, and the City Manager noted that a count is taken by the warming house attendant at each rink. Councilmember Theis asked what the average age of the children using the skating rinks is, and the Director of Recreation stated it depends on the neighborhood. The City Manager noted that during the winter of 1984 -85, the Lions Park skating rink was opened, but the warming house was not. He noted the largest cost related to operating a skating rink is opening the warming house. Councilmember Theis asked if warming houses are available at the Riverdale and Lions Park location, and the City Manager responded affirmatively. He added that satellites rather than indoor plumbing would be utilized in order to decrease the chances for vandalism. In reviewing a usage sheet for the skating rinks, Mayor Nyquist asked how the City accounts for the high usage in 1977 -78. The City Manager noted that the statistics are weather sensitive. Councilmember Lhotka asked why the Lions Park request is included in the recommendation, and the Director of Recreation stated that Lions Park area residents were the first to request reopening of their neighborhood skating rink. Councilmember Lhotka asked where financing of these activities would come from, and the City Manager stated they would be paid for by contingency funds. Councilmember Hawes said that area residents have shown a desire to have the skating rinks reopened, and feels the City should open the skating rinks on a limited basis and monitor their usage. 12 -9 -85 -14- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to reopen the skating rinks and warming houses at Riverdale and Lions Parks on weekends and holidays only for the 1985 -86 winter, with review of their usage prior to approval for the funding of the 1986 -87 winter. Mayor Nyquist recognized a resident from the Riverdale Park area who noted that the Lions Park residents are encountering the same problem as the Riverdale Park area residents, in that they are secluded from other park areas. He noted that it is suicide to have the children cross T.H. 252, and requested the City to approve funding on a limited basis for a one -year period with review of the activity prior to granting approval for next year. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Authorizing Execution of a Developers Agreement. The Housing Coordinator cited the items related to the Ryan Construction Company developments before the City Council this evening, including the Developers Agreement, the Industrial Revenue Bonds, and the Registered Land Survey. The Housing Coordinator proceeded to review the Developers Agreement. Councilmember Lhotka expressed concern over the relationship between the amount of traffic generation and the size of the proposed second office building. Staff and the Council discussed the effect of the traffic analysis on the size of the building. Councilmember Theis questioned the use of parking ramps and parking requirements, and the Housing Coordinator and City Manager reviewed the parking situation. Councilmember Hawes questioned the curbing requirements, and the Director of Planning & Inspection noted that the curbing for this proposal will be handled much dike that of the first two corporate centers. Councilmember Lhotka asked who is included in the Brookdale III Limited Partnership, and Mr. Jim Ryan stated the -limited partnership includes Ryan Construction Company, Northwestern National Life, Ron Fletcher and Blair Wolfson. Councilmember Theis asked if the City Attorney had reviewed the Developers Agreement, and Mr. Bill Jordan of the City Attorney's office stated he feels the agreement provides adequate protection to the City. Councilmember Lhotka asked what the difference is in the agreement from the City's current sign ordinance, and the Housing Coordinator stated there is no difference since minimum requirements of the sign ordinance will be met. Councilmember Lhotka inquired about the boulevard plan, and the Housing Coordinator stated this will be adopted with the tax increment plan. Councilmember Lhotka asked why the items related to the Development Project must be passed this evening, and the Housing Coordinator stated that because of the bond issue, final approval is needed prior to close of 1985 • Councilmember Lhotka stated he is not ready to act this evening, as he does not adequately understand all items requiring approval. Councilmember Theis asked what effect a one -week delay would have on the project, and Mr. Ryan noted that the deadline for selling the bonds is December 31, 1985. He added that the later the bonds are sold, the higher the interest rate will be. Mr. Jordan proceeded to review the Developers Agreement section by section and, as 12 -9 -85 -15- necessary, answered questions from the Council regarding each section. Councilmember Lhotka asked if a simple majority vote of those present at this evening's meeting is necessary for passage of the resolution, and the City Attorney stated that the resolution requires three affirmative votes for passage. Councilmember Lhotka stated it is his opinion that the City is giving up an awful lot` compared to what it is receiving in return. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to table the items related to the Ryan Construction Company until Wednesday, December 11, 1985 at 7:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RECESS Mayor Nyquist recessed the Brooklyn Center City Council at 10:40 p.m. to reconvene on Wednesday, December 11, 1985 at 7:00 p.m. 12 -9 -85 -16- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 11, 1985 CITY HALL RECONVENE The Brooklyn Center City Council met in special session and was reconvened by Mayor Dean Nyquist at 7 :05 p.m. ROLL CALL Mayor an Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Housing Coordinator Brad Hoffman, City Attorney Bill Jordan, and Deputy City Clerk Geralyn Barone. RESOLUTIONS The City Manager introduced a Resolution Authorizing Execution of Developers Agreement. The City Attorney reviewed the changes made to the agreement since the December 9, 1985 City Council meeting. Councilmember Lhotka stated that he has a problem with this entire development project; he opposes the use of industrial revenue bonds and the speed at which the City is progressing on this project. RESOLUTION NO. 85 -236 Member i l Hawes in roduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF DEVELOPERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -237 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, APPROVING THE ISSUANCE AND SALE OF $9,000,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (BROOKDALE THREE LIMITED PARTNERSHIP PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following members voted in favor thereof: Dean Nyquist, Celia Scott,Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -238 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING REGISTERED LAND SURVEY OF A PORTION OF LAND LYING BETWEEN SUMMIT DRIVE AND EARLE BROWN DRIVE 12 -11 -85 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS The City Manager introduced preliminary review of a site layout for a two - phase high -rise office development on vacant land to the west of the Earle Brown,Farm. He noted the Planning Commission recommended conceptual approval of this item at its November 21, 1985 study session. He added that no action is required by the City Council at this time. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Couneilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:15 p.m. Deputy City Clerk Mayor 12 -11 -85 -2- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. 'Barone, Administrative Assistant DATE: December 24, 1985 SUBJECT: Advisory Commission Reappointments for 1986 The following is a list of advisory commission members whose terms expire on December 31, 1985. If the Mayor and City Council choose to reaffirm their reappointments, the respective terms are indicated. HOU COMMISSION Ron Turner - reappointment for a three -year term Dolores Hastings - reappointment for a three -year term Ray aroldson reappointment y ppo tment for athree -year term H RIGHTS C OMMISSION Mary Ellen Rabine - reappointment for a three -year term Jayne Kuhar - reappointment for a three -year term (current chairperson) PARK AND RECREATION COMMISSION Carl Manson - reappointment for a three -year term Dave Skeels - reappointment for a three -year term PLANNING COMMISSION Molly Malecki - reappointment for a two -year term Ann Wallerstedt - reappointment for a twn -year term Michael Nelson reappointment for a tun -year term Carl Sandstrom - reappointment for a two -year term It is recommended that Thomas Slupske be appointed to the Human Rights Ccmmission for a three year term. APPL FOR APPO TO THE BROOKL CENTF3 1UIVfA RJd14 'S COP t4TiSS Name Thomr-s J. Slupske Age.' g e ' 38 � 5978 Abbott Av. N. - 560 - 2997 Addre:3s Brooklyn Center, 14N. 55429 Telephone Occupation REALTOR Years lived in Brooklyn Center 6 I have read the I'Uman Rights Commission Erabl:ng Resolution (Resoluticil No. 68 -44, 69-35., 71 -211 and 74 -68), which defines the purpose, authority and responsibility of the Brooklyn Center Human Rights Coi?imissiun. Yes X - No Comments I understand the importance of regular Commission meeting attendance and participation, and feel I have the time available to be an active participant. Yes X No Comments Additional comments -on my interest, experience, background, ideas, etc. a• i h er•- r z ,7 L-8QS;: . Sig Lore Da :Submit so: Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway - Brooklyn Center, MN 55430 APPLICATION FOR APPOINTMENT TO THE BROOKLYN CENTER HOUSING COMMISSION -`Name I,- YC:Y(� �'�v��P_h Age Address Telephone Occupation i �p�+ ce �YPC C� Years lived in Brookl n Center a 3 n ! Y I am interested in serving on the Housing Commission as a representative of: the Northeast Neighborhood the Northwest Neighborhood the Central Neighborhood the West Central Neighborhood the Southwest Neighborhood at large representative I have read the Housing Commission Enabling resolution (Resolution No. 77-22), which defines.the purpose, authority and responsibility of the Brooklyn Center Housing Commission and the Neighborhood Advisory Committees. Yes No Comments I understand the importance of regular Commission /Committee meeting attendance and participation, and feel I have the time available to be an active participant. Yes No Comments Additional comments on my interest, experience, background, ideas, etc. Sicgiature Date Submit to: Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 104 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: December 19, 1985 RE: Final Plat - Shingle Creek Center 2nd Addition Mr. Roy Hansen of Hansen, Thorp, Pellinen, Olson, Inc., has petitioned the City Council to approve the final plat of Shingle Creek Center 2nd Addition. The land is Northwest of LaBelle's at the intersection of Shingle Creek Parkway and John Martin Drive. Conditions placed on the Preliminary Plat by City Council at its October 7, 1985 meeting are as follows: 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. Agreements for cross access and parking between both lots in this subdivision and the Target lot shall be filed with the plat at the County. Conditions 1 and 2 have been met. Accordingly, we recommend approval of the final plat subject to the following conditions: 1. Receipt of a title opinion from the City Attorney certifying to confirm the appropriate parties responsible for signing the plat. 2. Agreements for cross access and parking between both lots in this subdivision and the Target lot shall be approved by the City Attorney and filed with the County. Approved, 4 SyKnapp Director of Public Works PROCLAMATION DECLARING SEPTEMBER 17, 1987 AS UNITED STATES CONSTITUTION DAY WHEREAS, September 17, 1987 is the 200th Anniversary of the signing of the United States Constitution; and WHEREAS, the Constitution, as ratified, embodies the ideals of liberty under law and was designed to maintain our free government in perpetuity as a more perfect union and to secure the blessings of liberty by consent of the governed; and WHEREAS, few governments in the world have been able to provide liberty and stability to their citizens under a written constitution for more than a generation; and WHEREAS, the laws adopted under this charter of freedom and the attractive way of life resulting have drawn to our shores citizens from every corner of the world, and provide impressive evidence of the enlightened vision and the wisdom of the drafters of the Constitution; and WHEREAS, the bicentennial offers the opportunity for the American people to rededicate themselves to the great principles that have formed the basis for our national strength and prosperity; and WHEREAS, it is timely and appropriate for us to keep in our hearts and minds the marvelous achievements of the Constitutional Convention in 1787 and to preserve the Constitutional Republic and the high ideals of our Founding Fathers: NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby proclaim 17 September 1987 as United States Constitution Day and announce my intention to appoint a bi- partisan committee to plan proper and appealing activities and programs by which all our citizens can participate in celebrating and commemorating Constitution Day and other dates and events relating thereto. Date Mayor Seal Attest Clerk • UNITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST • WASHINGTON, D.C. 20006 TELEPHONE: (202) 293 -7330 President: ERNEST N. MORTAL. Mayor of New Orleans Vice President: - JOSEPH P. RILEY, JR. Mayor of Charleston, S.C. Past Presidents: LEE ALEXANDER Mayor of Syracuse RICHARD H. FULTON Mayor of Nashville KENNETH A. GIBSON Mayor of Newark RICHARD G. HATCHER Mayor of Gary HENRY W. MAIER Mayor of Milwaukee COLEMAN A. YOUNG Mayor of Detroit D e c e m b e r 9 1985 , Trustees: MARION S. BARRY, JR. Mayor of Washington, D.C. RICHARD L. BERKLEY D ear Mayor Mayor of Kansas City RICHARD S. CALIGUIRI Mayor of Pittsburgh DIANNEFEINSTEIN .September 17, 1987 marks the 200th anniversary Mayor of San Francisco ARTHURJ.HOLLAND o the signing of the United States. Constitution, and Mayor of Trenton JAMES BARRETT McNULTY Warren E. Burger, Chief Justice of the Supreme Court Mayor of Scranton LEWIS C. is the Chairman of the Commission on the Bicentennial Mayor of Tucson JOHN P.ROUSAKIS of the United States Constitution. Mayor of Savannah LOUIS J. TULLIO Ma of Erie The Chief Justice has asked the U.S. Conference GEORGE V. VOINOVICH Mayor of Cleveland of Mayors to encourage and coordinate local supp KATHRYN J. WHITMIRE y g o f Mayor of Houston this celebration. A copy of the Chief Justice's Advisory MAS H. COOKE, JR., Chairman THOMAS H. l etter and a draft procl amation for your consideration. Mayor of East Orange are attached . WILLIAM J. ALTHAUS Mayor of York - RICHARD ARRINGTON M a ng'' Please keep John Gunther in the Conference office Ma of Dunedin informed as to your committees' plans and activities TOM BRADLEY Mayor of Los Angeles with respect to this matter of great significance to ROBERT M. BUHAI Mayor of Highland Park our citizens, our cities and our nation. DENNIS CHAMPINE Mayor of Aurora ARTHUR CLARK Mayor of Waltham S i n c e r e l y . yours, JAMES E. FERGUSON + Mayor of ?y/ RAYMOND FLYNN - Mayor of Boston � ( ` JAKE M. GODBOLD Mayor Jacksonville W. WILS GOODE Ernest N. M o r i a 1 Mayor of Philadelphia WILLIAM H. HUDNUT, 111 Mayo of New Or leans Mayor of Indianapolis ROBERT M. ISAAC P r e s i d e n t Mayor of Colorado Springs HARRY KINNEY Mayor of Albuquerque TONY KNOWLES Mayor of Anchorage GEORGE LATIMER - Mayor of Saint Paul SHEILA LODGE Mayor of Santa Barbara - GUS NEWPORT Mayor of Berkeley DONNA OWENS Mayor of Toledo CHARLES ROYER Mayor of Seattle WILLIAM DONALD SCHAEFER Mayor of Baltimore FRAN ULMER Mayor of Juneau HAROLD WASHINGTON Mayor of Chicago Executive Director. JOHN J. GUNTHER _ V-JI Mission an t4.e �tirentrnnial of T4C pititeb ,Sfates ffanstitutt.axt 734 Jackson Place, N.W. • Washington, DC 20503 202/USA-1787 Warren E. Burger November 14, 198 Chairman Frederick K. Biebel Dear Mayor Morial Lindy Boggs Herbert Brownell The Commission on the Bicentennial of the United Lynne V. Cheney States Constitution, which I chair, is now functioning Philip M. Crane and hopeful that broad support for its important duties William J. Green and plans will be extended to us by leaders at all Edward Victor Hill levels and by all citizens. Cornelia G. Kennedy I now seek your support in communicating with the - Edward M. Kennedy nation's mayors and coordinating their support for this Harry McKinley Lightsev, Jr. significant celebration. One of the primary objectives William Lucas of the Commission is to encourage local communities to Edward P. Mor develop Constitutional events and educational programs Betty Southard Murphy which reflect the traditions, customs and historic origins of the community. The direct involvement of Thomas h O'Connor each mayor is essential to the successful development Phyuissc a8y of programs within his respective community. Bernard H. Siegan Ted Stevens I encourage you to invite cities of all sizes to obertC. Tanner develop their own plans for the Bicentennial period. Strom Thurmond You might encourage each mayor to appoint a special bi- Ronald H. Walker partisan committee or responsible organization to A oversee appropriate activities and to share their Charles E. general plans and concepts with our staff. Charles Alan Wright ig Mark W. Cannon As suggested by Mr. John Gunther, I am enclosing Staff Director the draft of the proclamation which may be used as a Ronald M. Mann model in the development of local proclamations or r e s of ut i on s . Deputy Staff Director Cordially, L 6 s�. The Honorable Ernest N. Morial President United States Conference of Mayors 1300 Perdido Street New Orleans, LA 70112 Enclosure cc: John J. Gunther Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATIONS FOR THE PURCHASE OF ONE (1) COPY MACHI WHEREAS, quotations were received and tabulated for the purchase of one (1) copier. WHEREAS, quotations received were as follows: Bidder Quotation Cannon 7550 $10,468 Royal 5003 ZMR $10,600 Sharp SF -9500 $ 7,775 AB Dick 999 $ 8,766 Xerox 1055 $14,045 Royal 5003 ZMR $ 9,995 WHEREAS, the quotation received from Quality Office Products for a ,Sharp Copier was the lowest quotation received from a responsible dealer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the quotation for One (1) Copier from Quality Office Products, in the amount of $7,775 is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: December 17, 1985 SUBJECT: Back -up Copier In the 85' budget, $35,000 was allocated for a copier. The City received bids ranging from $25,000 to $50,000. We accepted the bid from IBM in the amount of $25,000. Our current back -up copier to the IBM is an old (refurbished) 3M VQC II wet copier given to the City by 3M. Originally, 3M maintained the machine but several years ago maintenance was taken over by another company. The City now pays for repair on the machine and we are experiencing more downtime with it. More importantly, the 3M copier is not an adequate back -up machine for the IBM. With any copier there is downtime as well as peak use times. The current back -up is not fast enough, and the quality of a wet copy leaves something to be desired. I have been looking at small copiers that would adequately serve our needs as a back -up or second copier. I also looked for certain reduction and enlargement capabilities that would supplement our current IBM that has only two (2) modes of reduction. All of the models have reduction and enlargement capabilities in l percent increments from 64 percent reduction to 141 percent enlargement. Having looked at a large number of copiers over the past year, I am confident that any of the copiers quoted will adequately serve our needs. I would anticipate that we would have a life expectancy of seven years for this machine. I have received the following quotes: Cannon 7550 $10,468 Royal 5003 ZMR $10,600 Sharp SF -9500 $ 7,775 AB Dick 999 $ 8,766 Xerox 1055 $14,045 Royal 5003 ZMR $ 9,995 In my opinion, these are all comparable copiers and all are capable of providing the necessary maintenance. If the cost of the maintenance contract is added in over the anticipated life of seven years, Sharp remains low. I am therefore recommending the purchase of the Sharp SF -9500 from Quality Office Products. Member introduced the following resolution and f� 6 moved its adoption: RESOLUTION NO. RESOLUTION AMENDING TH 1985 G ENERA L 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 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 1985 General Fund Budget as follows: 1. Transfer ,$38,000 from the Contingency Appropriation (Account No. ,01 -4995- 000 -80) to the following departmental appropriations in the amount shown: Legal Counsel (Department No. 18) $38, 2. 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: Parks and Recreation Programs: Adult Programs (Department No. 62) $60,000 Teen Programs (Department No. 63) 1,500 Children Programs (Department No. 64) 10,000 General Programs (Department No. 65) 2,000 $73 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO TRANSFER AN UNEXPENDED APPROPRIATION FOR GOVERNMENT BUILDINGS CAPIT O FROM THE 1985 B TO THE 1986 BUDGET WHEREAS, Section 7.08 of the Brooklyn Center City Charter authorizes the City Council to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the City Council appropriated funds in the 1985 General Fund Government Buildings Capital Outlay Budget as follows: City Hall carpet and paint . . . . . . . . . . .$32,000 Burners for Civic Center boilers . . . . . . . . . 16,000 Joint sealing for Civic Center . . . . . . . . . . 10,000 Caulk and repaint exterior walls at the Municipal Service Garage . . . . . . . . . 16,500 Heating system at West Fire Station. . . . 1_0 Total Appropriation. . . . . . . . . . . . . . . .$84,750 and; -__- - WHEREAS, after further analysis, the burners for the Civic Center boilers were cancelled because they were not needed, resulting in an unexpended appropriation of . . . . .$16,000 and the appropriations for Civic Center joint sealing and Municipal Service Garage walls were underexpended in the amount of 11,346 and the West Fire Station heating system was not installed because of a need for a further study of the system design which will be completed in 1986 and which resulted in an underexpended appro- priation (after design costs) of . . . . . . . . . . . . . _6 Total Unexpended Appropriation . . . . . . . . . . .$34,196 and; -- WHEREAS, the heating system will be installed in 1986; and WHEREAS, there is a need for additional expenditure of funds to complete the redecorating project for the City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City. of Brooklyn Center, Minnesota to amend the 1986 General Fund Budget to appropriate $30,000 to the Government Buildings (Division No. 19), Buildings Capital Outlay Account No. 4520, from the General Fund balance to install the West Fire Station heating system and to complete the City Hall redecorating in 1986; and RESOLUTION NO. BE IT FURTHER RESOLVED to amend the 1985 General Fund Budget to decrease the appropriation for said account by the same amount. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE G ENER A L 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 October 3, 1983, the City Council adopted resolution No. 83 -152 which approved the 1984 Annual Budget for the City and encumbered Federal Revenue Sharing funds in the amount of $272,787 to be transferred to the General Fund subsequent to the expenditure of funds by the General Fund for appropriations in said 1984 Annual Budget; and WHEREAS, on December 17, 1984, the City Council adopted Resolution No.' 84 -190 which authorized reimbursements of expenditures made through that date in the amount of $227,818.43; and WHEREAS, certain expenditures have been made from the General Fund since those previously reimbursed and they are as follows: Voucher Date Number Division Amount Vendor Purp 12 -24 -84 359670 43 $ 3,660.00 LOGIS HP150 Printer 12 -24 -84 359679 13 459.00 TTY /TDD Dist of MN Porta Printer Plus 1 -14 -85 014659 32 1,550.00 Great Amer_ Marine Inflatable boat 1 -14 -85 014681 31 300.00 Hoffman Radio & TV Dual Recorders 1 -28 -85 028660 13 453.86 Blumberg Audiovisual Zenith Comm. TV 1 -28 -85 028670 41 9_9 Innovative Microgram Microfilm As Built $� 7, and WHEREAS, on September 24, 1984, the City Council adopted Resolution No. 84 -143 which approved the 1985 Annual Budget for the City and encumbered Federal Revenue Sharing funds in the amount of $182,000 to be transferred to the General Fund subsequent to the expenditure of funds by the General Fund for appropriations in said 1985 Annual Budget; and WHEREAS, the City Council amended the 1985 Annual Budget and encumbered additional Revenue Sharing funds as follows: Resolution No. 85 -158, August 26, 1985, in the amount of $2,336; and WHEREAS, certain expenditures have been made from the General Fund, and they are as follows: RESOLUTION NO. Voucher Date Numb Divi sion Amount Vendor Purpose 6 -10 -85 161046 15 $ 655.61 Business Furniture Chairs 8 -12 -85 224046 16 719.40 Business Furniture Credenzas 5 -13 -85 133669 19 846.40 Bernard Mulchy Co. Bearning Assy /Motor 5 -13 -85 133701 .19 1,066.65 Commercial Electric Modify lighting 6- 24 -85. 175697 19 13,352.64 Groens Vac Man Clean HVAC System 11 -12 -85 316776 19 3,833.25 J & M Painting Project 1985 -17 3 -25 -85 084664 19 102.59 Sears Roebuck Reversible drill 4 -22 -85 112685 19 356.47 Sears Roebuck Ladder 10 -15 -85 288485 19 1,510.00 Savoie Supply Castex Power Head 10 -15 -85 288696 19 1,483.62 Groens Vac "Man HVAC System 10 -15 -85 288813 19 .12,183.00 J & M Painting Project 1985 -17 10 -15 -85 288815 19 3,792.31 Halvorson Constr. Project 1985 -24 11 -12 -85 316658 19 2,650.00 Oftedal /Locke Heating review 4 -8 -85 098688 19 683.80 Telephone Serv. Co. Phone System - Police Dept. 2 -11 -85 042667 19 359.90 Podanys Office Equip.Desk /chairs 8 -12 -85 224046 .19 224.40 Business Furniture Lateral file 3 -25 -85 084293 19 1,875.00 Lindberg Pierce Remodel Police Dept. 5 -28 -85 148693 19 15,164.85 Robbie Construction Project 1985 -7 5 -28 -85 148184 19 15.77 Hirschfields Paint 6 -24 -85 175683 19 4,656.15 Robbie Construction Project 1985 -7 6 -24 -85 175706 19 823.29 Telephone Service Phone System - Police Dept. 6 -24 -85 175804 19 65.00 Robbie Construction Shelves 7 -8 -85 189687 19 229.40 Telephone Service Phone System 7 -8 -85 189755 19 2,894.00 Robbie Construction Project 1985 -7 8 -12 -85 224652 19 56.84 Advance Interiors Install carpet 8 -12 -85 224833 19 3,320.00 Robbie Construction Project 1985 -7 6 -24 -85 175293 19 3,175.00 Lindberg Pierce Prof. service 9 -9 -85 252709 19 1,157.35 Telephone Service Phone System 9 -23 -85 266724 19 5,785.50 J & M Painting Painting 9 -23 -85 266725 19 5,000.00 JMG Contracting Painting 11 -25 -85 329024 19 134.50 Air Communication Phone System 11 -25 -85 329679 19 3,284.00 Rightway Caulking Caulking joints 12 -9 -85 343749 19 550.00 JMG Contracting Project 1985 -17 12 -9 -85 343293 19 660.68 Lindberg Pierce Prof. Services 12 -9 -85 343750 19 5,320.00 Carciofini Caulking Project 1985 -22 8 -12 -85 224046 31 2,918.30 Business Furniture Table /Chairs 8 -26 -85 238046 31 1,400.00 Business Furniture Desk /Credenza 10 -28 -85 301046 31 1,055.00 Business Furniture Chairs 3 -25 -85 084725 31 2,236.96 Kustom Electronics Radar Unit 4 -23 -85 113695 31 1,125.00 Varda Silent Alarm Stakeout Alarm 6 -24 -85 175677 31 591.00 University Medical Oxygen Units 7 -8 -85 189514 31 440.17 Don Streicher Guns 12 ga. guns 10 -15 -85 288808 31 2,368.00 Simplex Time Record Time Recorder 8 -26 -85 238665 31 41,856.00 Thane Hawkins Polar 4 -1985 Celebrity 12 -9 -85 343046 31 154.00 Business Furniture Chair 8 -12 -85 224046 32 1,749.55 Business Furniture Desk /Chair /File 10 -15 -85 288676 32 210.00 Smith Diving Modular lights 6 -10 -85 161678 32 2,664.00 Smith Diving Diving Equipment 7 -8 -85 189743 32 921.57 Fisco Pants /Boots /Chock 7 -22 -85 203664 32 588.69 Mode LT Window Shade Levelors 7 -22 -85 202321 21 900.10 Minn. Fire Telescoping Lites 8 -12 -85 224658 32 10,300.00 Conway Fire & Safety Hose 8 -12785 224678 32 415.00 Paulko Signs Letterstripe RESOLUTION NO. Voucher Date Number Divi Amount Vendor Purpose _ 9 -9 -85 252333 32 $ 9,932.50 Motorola, Inc. Pagers /Handy Talkies 10 -15 -85 288660 32 708.26 0 .26 Industrial Lumber Ext /Face Frame 10 -15 -85 288692 32 2,754.00 Fisco Case /Pressure Pack 11 -12 -85 316668 32 1,748.25 Ned Gordon Antenna Specialist 6 -10 -85 161690 32 20,737.00 Polar Chevrolet '85 Chev. Step Van 11 -25 -85 329662 32 2,394.00 Fisco Airpac II 12 -9 -85 343674 32 145.80 Fisco Rain Gear 2 -11 -85 042670 33 265.50 Telephone Service Install phone 7 -23 -85 203665 34 513.50 Wm. Montgomery Prof. Services 9 -23 -85 266668 34 840.00 Wm. Montgomery Prof. Services 9 -23 -85 266144 34 1,500.00 General Comm. SSC Remote 10 -15 -85 288702 34 1,620.50 Wm. Montgomery Prof. Services 3 -25 -85 084657 41 3,250.92 Metro Systems Office Furniture 2 -25 -85 056201 41 6,605.00 Int. Office Systems Micro- Computer 11 -12 -85 316046 42 212.00 Business Furniture Swivel Chair 5 -28 -85 148300 42 2,290.00 MacQueen Equipment Air conditioner install. 9 -23 -85 266673 42 7,650.00 Tri -State Bobcat Snow Boxes 10 -28 -85 301681 42 56,944.00 Boyer Ford F800 Trucks 2 -25 -85 056688 43 534.21 3 2 Snap 1 S a On Tools Meter/Ratchet/Socket P Set 8 -12 -85 224074 43 254.73 Collins Electric Receptacle 5 -28 -85 148660 43 4,850.00 Dayton Bluff Sheet Vent Improvement 11 -25 -85 329740 63 349.00 Peters Billiard Ping Pong Table 6 -24 -85 175807 66 352.60 C & H Distributor Folding tables 2- 11-85 042463 66 1,175.00 00 Retail Data t System T ec 136 Register y 4 -8 -85 098760 66 975.00 LeVahn Bros. Submersible pump 11 -25 -85 329728 66 6,511.00 Ford McNutt Glass Thermopane windows 4 -22 -85 112706 66 407.88 Office Products Calculators 3 -25 -85 084325 69 " 17 730.00 MTI Distributing oro 72 g Mowers 7 -8 -85 189753 69 2,285.00 Metro Excavating Northport Hockey Rink 4 -22 -85 111325 69 576.00 MTI Distributing Blowers 6 -24 -85 175325 69 722.50 MTI Distributing Portable sprayer 4 -22 -85 112679 69 3,189.00 Long Lake Ford Woods mower 5 -13 -85 133699 69 9,258.15 Cloverleaf Motors Van 3/4 Ton 2 -11 -85 042672 80 485.00 Woodwork Unlimited Computer work station 2 -25 -85 056694 80 6,644.00 LOGIS Computer /Laser jet 3 -25 -85 084003 80 768.00 Acro Minnesota Sound shield 4 -8 -85 098674 80 694.15 LOGIS o tector Sur e Pr g 4 -8 -85 098669 80 835.00 Homes by Paul David Counter - Engineering 6 -24 -85 175003 80 295.95 Acro Minnesota Drawer Pedestal 8 -26 -85 238046 80 129.00 Business Furniture Secretarial Chair 2 -11 -85 042660 80 25,275.00 IBM Copier 4 -22 -85 111670 80 6 ,362. 90 LOGIS HP150 /Laser jet $3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $191,758.76 from the Federal Revenue Sharing Fund to the General Fund. RESOLUTION NO. Mayor - -- -- — ATTEST: Clerk ____---- __.�- - - - --- The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and / moved its adoption: RESOLUTION N0. RESOLUTION TO TRANSFER AN UNEXPENDED APPROPRIATION FOR A COMMAND CENTER VAN AND WARNING SIREN FROM THE 1985_BUDGET TO THE 198 BUDG WHEREAS, Section 7.08 of the Brooklyn Center City Charter authorizes the City Council to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the City Council appropriated funds in th amont of $59,000 for a Command Center Van and $17,301 for a Civil Defense ar ng Siren in the 1985 General Fund Budget; and WHEREAS, there was a delay in acquiring the van and the siren is not yet ready for installation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to amend the 1986 General Fund Budget to appropriate $36,652 to the Emergency Preparedness (Division No. 34), Mobile Equipment Account No. 4553, and $1,214 to the Other Equipment Account No. 4552, from the General Fund Balance to equip the van and install the siren in 1986; and BE IT FURTHER RESOLVED to amend the 1985 General Fund Budget to decrease the appropriations for said pruposes by the same amount. _._.Date w�__._�_�Mayor _'_� - - -- ATTEST: _.Clerk - -- ------- ---- -- The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following ..voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -K STREET IMPROVEMENT PROJECT NOS. 1985 -12, 1985 -13 AND 1985 -14 WHEREAS, pursuant to written Contract 1985 -K signed with the City of Brooklyn Center, Minnesota, Hardrives, Inc, has satisfactorily completed the following improvements in accordance with said contract: DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12 WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Dallas Road Street Improvement Project No. 1985 -12 66 860.05 61 560.16 Wingard Lane Street Improvement Project No. 1985 -13 $ 9,552.30 $ 9,846.78 65th Avenue North Street Improvement Project No. 1985 -14 $ 32,222.25 $ 34,490.39 TOTAL $108,634.60 $105,897.33 2. The value of work performed is less than the original contract amount by $2,737.27 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $105,897.33. Date Mayor ATTEST: Clerk f RESOLUTION N0. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE (PROJECT NO. 1985 -23, CONTRACT 1986 -C) WHEREAS, pursuant to Resolution No. 85 -115 adopted by the Council on the 24th day of June, 1985, Brauer and Associates, Ltd. prepared plans and specifications for Improvement Project No. 1985 -23 and have presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The plans and specifications for the following improvement as prepared are approved and ordered filed with the City Clerk: CENTERBROOK GOLF COURSE IMPROVEMENT PROJECT NO. 1985 -23 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than 3 weeks (21 days) prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11 :00 A.M. on January 30,'1986, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on February 10, 1986, in the Council Chambers, and that no bids will be considered unless, sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member ' introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT TO CONTRACT WITH C.S. MCCROSSAN, INC. TO PROVIDE FILL MATERIALS FOR GOLF COURSE DEVELOPMENT WHEREAS, pursuant to Resolution No. 85 -213, adopted by the City Council on November 18, 1985, the City of Brooklyn Center entered into contract with C.S. McCrossan, Inc. to furnish fill materials to the site of the proposed Centerbrook Golf Course at no cost to the City, provided the City re- imburses said company for the rental costs of equipment needed at the golf course site for the purpose of stockpiling and /or spreading the fill materials; and WHEREAS, Resolution No. 85 -213 anticipated that approximately 20,000 cubic yards of fill materials would be available and that the equipment rental costs would total approximately $8,000 to $10,000; and WHEREAS, approximately 20,000 cubic yards of additional fill materials are needed and C.S. McCrossan has agreed to provide such additional materials on the same basis; and WHEREAS, the Director of Public Works has advised the City Council that it is necessary to furnish and install erosion control fence in conjunction with the filling process: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that. 1. the Mayor and City Manager are hereby authorized and directed to execute a supplemental agreement with C.S. McCrossan, Inc. providing for rental of required equipment at prescribed hourly rental rates at an estimated additional cost of $9,500.00 provided C.S. McCrossan furnishes and delivers the required fill materials to the site at no cost to the City. 2. the supplemental agreement with C.S. McCrossan, Inc. shall also provide for the furnishing and installation of approximately 3,500 feet of erosion control fencing at a unit price of $2.25 per foot. (Estimated total cost = $7,875.00) 3. the charges for equipment rental and for erosion control fencing shall be charged to Division 48 of the Capital Projects Fund. Date Mayor • ATTEST: Clerk Resolution No The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member i e following / introduced th resolution and g moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR INSTALLATION OF A WATER UTILITY CONTROL SYSTEM (PROJECT NO. 1986 -19, CONTRACT 1986 - D WHEREAS, pursuant to Resolution No. 85 -98 adopted by the Council on the 10th day of June, 1985, Orr- Schelen - Mayeron and Associates, Inca prepared plans and specifications for Improvement Project No. 1985 -19 and have presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The plans and specifications for the following improvement as prepared are approved and ordered filed with the City Clerk: WATER UTILITY CONTROL SYSTEM IMPROVEMENT PROJECT NO. 1985 -19 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than 3 weeks (21 days) prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11 :00 A.M. on January 30, 1986, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7 :00 P.M. on February 10, 1986, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR 'BIDS FOR POLICE DEPARTMENT REMODELING, PHASE II (PROJECT NO. 1986 -02, CONTRACT 1986 -B) WHEREAS, pursuant to Resolution No. 85 -229 adopted by the Council on the 9th day of December, 1985, Lindberg Pierce, Inc. has prepared plans and specifications for Improvement Project No. 1986 -03 and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The plans and specifications for the following improvement as prepared are approved and ordered filed with the City Clerk: POLICE DEPARTMENT REMODELING - PHASE II PROJECT NO. 1986 -02 2. The City Clerk shall prepare and cause to be inserted at least once in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than 2 weeks (10 days) prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on January 22, 1986, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7 :00 P.M. on January 27, 1986, in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. 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. A� Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY 1 1986 WHEREAS, Resolution Nos. 74 -45 and 77 -113 provided for the annual adjustment of water assessment rates for non - single family residential and single- family residential properties, respectively; and WHEREAS, said adjustment in water assessment rates is specified in said resolutions to be effective January 1 of each year; and WHEREAS,.said adjustment is also specified in said resolutions to be in accordance with the annual change in the Twin Cities Consumer Price Index for the preceding month of October; and WHEREAS, the City Engineer has reported to the City Council that the change in the Twin Cities Consumer Price Index from October, 1984 to October, 1985 was an increase of 3.8 percent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the water assessment rates effective January 1, 1986 shall be as follows: Assessment 1986 Rate Single Family Residences $2,579.00 per lot Frontage $26.41 per front foot Area $8.19 per 100 square feet Service Hookup $610.00 per each i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: December 24, 1985 RE: Annual Water Assessment Rate Adjustment Annually the City adjusts the water assessment rate based on the change in the Consumer Price Index for Minneapolis. Attached is a resolution which will make that adjustment. The annual change is 3.8 percent. HRS: jn Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET RECONSTRUCTION PROJECTS DURING 1986 BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that, pursuant to Resolution No. 85 -34, adopted on February 11, 1985, the following assessment rates are hereby established for street reconstruction projects (consisting of the installation of concrete curb and gutter and related street paving improvements) in residentially - zoned areas, where such projects are placed under contract for construction in 1986: 1. for residential properties, zoned or used as single- family sites, which are not subdividable under the City's Subdivision Ordinance, the unit rate of assessment shall be $1,300.00. 2. for properties in R -2 zoned districts, which are no used as single- family sites, the equivalent rate shall be $17.33 per front foot, with a minimum assessment of $1,300.00, 3. for properties in R -3 zoned districts the assessment rate per residential unit shall be established by the following formula: Assessable frontage x $17.33 Number of residential units 4. the assessment rates in R -4, R -S, R -6, and R -7 zoned districts shall be individually established based on an evaluation of project costs and project benefits. Date Mayor ATTEST; Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING 1986 EMPLOYEE POSITION AND CLASSIFICATION PLAN BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following amendments be made to Schedule C of the 1986 Employee Position and Classification Plan: That Schedule C is hereby amended by deleting the position of "Superintendent of Streets and Parks and by adding the position of "Public Works Superintendent" with the following grade range schedule: Grade Range Monthly Wage Range from Schedule C -1 from Schedule C -1 Exempt Going Going From Position Minimum Rate Maximum Minimum Rate Maximum Overtime Public Works S31A S33C S35C 2877 3333 3502 Yes Superintendent 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. M & C NO. 85 -16 December 27, 1985 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Establishment of the Position of Public Works Superintendent To the Honorable Mayor and City Council: Over the last few years we have been moving toward a unitized public works I supervisory system. Three years ago we moved the Utilities operation into the same building with the Streets and Parks Division. We are now proposing to unitize supervision. We are proposing to do that with the creation of the position of Public Works Superintendent and the elimination of the position of Streets and Parks Superintendent. The current Streets and Parks Superintendent has had experience' in supervising Water and Sewer Utilities in previous positions and is in a unique position to offer us this capability. We are recommending this course of action for the following reasons: 1. There will be better coordination and common use of equipment. The Streets, Parks, and Utility Division operation requires very expensive equipment and by unitizing the supervision of this equipment, we can realize consistent long range and short range savings. 2. By creating a common supervision of personnel we will achieve a better use of manpower and improve our cross training in the various areas of work so that in emergencies personnel from each department can help the other more effectively. 3• By placing all three supervisors (Streets, Parks, and Utilities) under one common superintendent it will allow for greater depth in supervision so that if there are sicknesses, vacations or temporary disabilities, there are more trained personnel available to cover the situation. 4. It would place all the personnel in the Public Works garage facility under one supervisor, which will facilitate coordination of the use of that facility. We are proposing, due to the increase in responsibility of the Public Works Superintendent's position, that the new range for this position be from a minimum of S28A to a maximum of S35C. This represents a three step increase in the maximum .salary when compared to the Streets and Parks Superintendent's maximum(S32C). The annual increase in cost for this change will be $3,000. For the first year of operation we are proposing that at least $3,000 of the Superintendent's salary be paid for by the Public Utility. After the first year of operation the department will do an analysis of the time spent by the Superintendent on utility matters and then his salary will be divided properly between the various functions -- Streets, Parks, and Utilities. Respectfully submitted, Gerald G. Spli er City Manager (BPC86CM) CITY OF BROOKLYN CENTER 1986 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE SUPERVISORY AND PROFESSIONAL POSITIONS GRADE RANGE AND MONTHLY SALARY SUPERV ORYC PROFESSIONAL --r GRADE RANGE ------ MONTHLY RANGE ------ _� -- FROM SCHEDULE C-1 FROM SCHEDULE C-1 �N ______ __ ________ _ ____ __ _ -__ _ -_____ -_ - -__ _ -__ EXEMPT POSITION GOING GOING FROM MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM OVERTIME City Engineer - ------- Police Captain S32A S37C S39C $� - ----- ` 3,255 $3,679 $ 3,865 Yes S34C S36C $ 2,949 $ 3,416 $ 3,589 Yes H.R.A. Coordinators L S32A S34C S36C $ 2,949 $ 3,416 $ - 3,589 Yes tlperintend -- - �cz"e 2-V/} S:3 0L S3-5C- 47 -and Z j� �i�� 3�D� Assistant Director of Finance S22A S�C S g� � 2�t j $ 2�6 $ '3'��`�' Yes , 248 $ 2,604 $ 2,946 Yes Inspector /Building Official S21A S23C S25C $ 2 ,735 Yes Personnel Coordinator S19A S21C S24C $ 2,139 $ 2,478 $ 2,669 Yes Appraiser II S19A S21C S23C $ 2, $ 2,478 $ 2,604 Yes Public Works Coordinator S19A S21C S23C $ 2,139 $ 2,478 $ 2,604 Yes Supervisor of Streets and Parks S18A S20C S22C $ - 2,087 $ 2,418 $ 2,540 No Supervisor of Public Utilities S18A S20C S22C $ 2,087 $ 2,418 $ 2,540 No Inspector, Planning and Inspection S18A S20C S22C $ 2,087 $ 2,418 $ 2,540 Yes City Clerk S17A S19C S21C $ 2,036`$ 2,359 $ 2,478 Yes Office Manager, Police S16A S18C S20C $ 1,987 $ 2,301 $ 2,418 Yes Maintenance Supervisor S16A S18C S20C $ 1,987 $ 2,301 $ 2,418 Yes Planner S12A S14C S16C $ 1,800 $ 2,085 $ 2,190 Yes Administrative Assistant S12A S14C S16C $ 1,800 $ 2,085 $ 2,190 Yes Program Supervisor, Recreation S10A S12C S14C $ 1,713 $ 1,984 $ 2,085 Yes Staff Accountant S8A S10C S12C $ 1,631 $ 1,889 $ 1,984 Yes Supervisor, Liquor Retail S8A S10C S12C $ 1,631 $ 1,889,$ 1,984 Yes Administrative Aid S7A S9C S10C $ 1,591 $ 1,843 $ 1,889 Yes Fire Chief (Part- time) Aquatics Supervisor S2A S2C S4C $ 1,406 $ 1,550 $ 1,629 Yes Assistant Chief (Part -time) $ 625 Yes Secretary (Part -time) $ 390 Yes Fire Marshal (Part -time) $ 140 Yes Senior Training Officer $ 390 Yes (Part -time) Training Officer $ 265 Yes (Part -time) Fire Inspector,Days $ 205 Yes (Part -time) Fire Inspector (Part -time) $ 355 Yes -- _- -- -- -_ ------ - - ---- $ 205 Yes -5- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT WHEREAS, THE KOREAN PRESBYTERIAN CHURCH OF THE TWIN CITIES has presented the City with a gift of two hundred dollars and has designated that it be used for a charitable cause; and WHEREAS, the City Council is appreciative of the gift and commends the Korean Presbyterian Church of the Twin Cities for its civic effort: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $200.00 be appropriated to the General Fund Council Budget to be used by the Brooklyn Center Mediation Project to settle disputes between neighbors; businesses and consumers; landlords and tenants; family members; acquaintances; juveniles; lenders and borrowers; business partners; residents and agencies; offenders and victims; friends and litigants. 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. Sao adoption: Member introduced the following resolution and moved its RESOLUTION N0. RESOLUTION AUTHORIZING THE TRANSFER OF $10,000 FROM THE CONTINGENCY FUND TO POLICE DEPARTMENT CAPITAL OUTLAY WHEREAS, on November 29, 1985 the Police Department canine car was involved in an accident; and WHEREAS, the car was declared to be totally inoperative and the insurance company settlement was $2,100; and WHEREAS, it has been determined to be in the best interest of the City to rotate the Police Chief's car into use as a canine car and purchase a 1mzsszj car for the Police Chief's use: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $10,000 from the Contingency Fund to the Police Department Capital Outlay for purchase of a jeazed ar for the Police Chief. t Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A HOUSING AND BOND PROGRAM FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE EARLE BROWN COMMONS PROJECT AND AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY AND THE METROPOLITAN COUNCIL WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act "), the City of Brooklyn Center, Minnesota (the "City ") is authorized to adopt a housing plan and carry out programs for the financing of multifamily 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 adopted the City's Housing Plan (the "Plan ") on September 21, 1982, after holding a public hearing, all in accordance with the requirements of the Act; and WHEREAS, in accordance with its requirements, the Plan provides for programs for the issuance of bonds to finance multifamily housing development which are affordable to persons and families of low and moderate income and are consistent with the goals, conditions and requirements of the Plan; and WHEREAS, the City has received from Earle Brown Commons Partnership, a Minnesota general partnership, a proposal to construct a multifamily housing development of approximately 269 units on property located north of the intersection of Earle Brown Drive and Summit Drive North, at 6100 Summit Drive North, in the City (the "Project "), and a request for the City to issue housing revenue bonds in the amount of approximately $15,750,000 for the Project; and WHEREAS, the Act requires adoption of a program after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least fifteen days in advance of the hearing before the issuance of bonds for the Project; and WHEREAS, notice of a public hearing n a proposed housing program for ' the g P "Program") r P g P g Project (the Pro ram was. published on December g P 12, 1985; and and WHEREAS, the City has on this date conducted a public hearing on the Program; WHEREAS, the Act further requires submission of the Program to the Minnesota Housing Finance Agency (the "MHFA") for its approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: RESOLUTION NO. 1. That the Program for the issuance of u to $15,750,000 of the City's P Y multifamily housing revenue bonds (the "Bonds ") is hereby in all respects adopted. It is hereby found, determined, and declared that it would be in the best interests of the City to issue the Bonds and, therefore, the City hereby gives preliminary approval to issuance of the Bonds in the approximate amount of $15,750,000 subject to the City, Earle Brown Commons Partnership (the "Developer "), and the purchaser of the Bonds reaching agreement on the terms under which the Bonds will be issued. 2. That the City Manager is hereby authorized to submit the Program to the MHFA and the Metropolitan Council, and 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 applicable laws and regulations. 3. The Developer has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the project is approved by the MHFA; whether or not the project is carried to completion; and whether or not the bonds or operative instruments are executed. 4. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the bond as requested by the Developer. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the bond should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bond or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 5. The Mayor, City Manager, other officers, employees, and agents of the City, and Counsel to the City are hereby authorized, in cooperation with bond counsel, to prepare, execute, and deliver documents in conjunction with review and approval of the Program and to prepare documents with respect to the Bonds. 6. Miller & Schroeder Financial, Inc. is hereby designated underwriter of the Bonds to be issued in connection with the Project, its fee to be paid out of the proceeds of the Bonds when issued. 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA DECEMBER 17, 1985 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:33 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Lowell Ainas, Carl Sandstrom, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of - Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. APPROVAL OF MINUTES - November 21, 1985 Motion by Commissioner Nelson seconded by Commissioner Sandstrom to approve the minutes of the November 21, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Ainas. The motion passed. APPLICATION NOS. 85038 AND 85039 (Robert Schell)_ Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to expand the dental clinic at 412 66th Avenue North. The Secretary also introduced a variance application to allow expansion of a nonconforming building within required setback area. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 85038 and 85039)• The Secretary also noted one possible location of a future Highway 252 right -of -way line along the east side of the property in question. The Secretary stated that there are other parcels along Highway 252 in a similar circumstance. He stated that in this case the nonconformity of the existing building and the addition was too great to allow an expansion. He added that a relocation of the building could possibly be accomplished on the property. He concluded by saying the property had suffered damages as a result of the highway taking of the neighboring property which made the applicant's building nonconforming as to setback and that there was a need for further negotiation between Dr. Schell and MN /DOT to reduce the right -of -way taking to the minimum necessary and thereby reduce the nonconformity as much as possible. Commissioner Nelson asked what the setback would be if this possible right -of -way line were, in fact, established by MN /DOT. The Secretary stated that it is conceivable that the right -of -way line could be 50' away from the proposed addition and that the addition could, therefore, be allowed. He pointed out that conforming additions to nonconforming buildings had been allowed in the past, as in the case of Lynbrook Bowl. Commissioner Nelson asked when the applicant would know what the Highway Department's right -of -way line would ultimately be. The Secretary stated that that would require further negotiation. Chairman Lucht asked the applicant whether he had anything to add. Dr. Robert Schell, owner of the clinic, stated that he somewhat he agreed with the staff report. 12 -17 -85 -1- i He stated that he basically wanted to know where he stood relative to the City so that he can take that position back to the State. He stated that he did want to add on to his building because of additional business that he had contracted with the Share Medical Plan. He showed the Commission a layout of the intersection of the proposed Highway 252 and 66th Avenue North and stated that it was the most recmt plan developed by the Highway Department. He pointed out that the Superamerica station across 66th will be closer to Highway 252 than the clinic. He also pointed out that the State would be taking 20' from the front of his property along 66th Avenue North. Dr. Schell explained that the State would not be using the west side of the service station property to the east and that a row of trees would continue to exist in this location. He also added that the rooms in the proposed addition would not be for treatment. Chairman Lucht asked Dr. Schell whether he had talked to the State rewding acquisition of the underlying rights to the neighboring property. Dr. Schell g g g p P Y responded in the affirmative. Commissioner Sandstrom stated d that the State- could give Dr. Schell an option to buy the remnant parcel of land. Dr. Schell agreed. However, he stated that his present problem is that the State owns the land and it is, therefore, considered right -of -way. He also pointed out that he did not need the property and that he had no use for it. Chairman Lucht pointed out that the property by itself would not be buildable. Dr. Schell stated that he did not want to relocate his building because of an artificial right -of -way line. He stated that it would be an expense for the general public to relocate the clinic." He stated that he did not expect action on the application at this meeting, but wanted to let the Commission know his situation. Chairman Lucht stated that the Planning Commission had to be careful about granting variances since it would set a precedent for other cases. There followed a general discussion of the situation. The Secretary again stated that the highway taking creates damages for the applicant. He stated that 30 years ago the Highway Department would not be required to compensate for such damages as 0 creating a nonconforming status for a particular building. He pointed out, however, that MN /DOT's rules have changed and that it must now pay for such damages when they are clearly documented. PUBLIC HEARING (Application No. 85039) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. There followed a discussion as to the proper procedure to follow. The Secretary stated that the Planning Commission could table both applications and express the opinion that the application, in its present form, would be recommended for denial. This, then, could be conveyed to the State, he said, and they would have to respond. Chairman Lucht wondered whether tabling would be a strong enough message. Commissioner Wallerstedt noted that this situation had been compared to the case of the Evergreen Park Apartments. She asked whether this was the same situation and whether tabling was employed at that time. The Secretary stated that in that situation the applicant had insisted on an action by the Planning Commission. He stated, however, that MN /DOT will not revise their position until it is shown that damages are clearly documented.' 12 -17 -85 -2- i ACTION TABLING APPLICATION NO. 85039 (Robert Schell) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to table Application No. 85039 with direction to the applicant that the application in its present form would be recommended for denial and that further negotiation should be pursued with MN /DOT. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Ainas, Nelson and Wallerstedt. Voting against: none. The motion passed. ACTION TABLING APPLICATION NO. 85038 (Robert Schell) Motion by Commissioner Malecki seconded by Commissioner Sandstrom to table Application No. 85038 on the grounds that Application No. 85039 is not yet resolved. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 85040 (Brian Zubert) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct a 152 room all suite hotel on the vacant parcel of land immediately east of Earle Brown Bowl, south of Freeway Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85040 attached). The Secretary added that staff had put templets on the site plan and concluded that semi trailers would have a very difficult time gaining access to this site and, therefore, no trailer parking was required. The City Engineer commented as to available sewer capacity. He noted that his memo, dated December 16, 1985 contains two estimates of the projected flow of the hotel. He stated that these estimates vary, depending on the method of calculation. He stated that he felt the truth lay somewhere in between these two estimates and that it should live within the maximum established by the City of 185 gallons per minute coming off the office park and hotel development. The City Engineer also pointed out that the sewer connection would have to be to the sanitary sewer lines within the private road rather than Freeway Boulevard and that this would allow the City to control the flow to the City main. The Secretary added that liquor cannot be given away under the City's liquor ordinance and that the establishment does not qualify for a liquor license either. He noted that the applicant had expressed plans to giveaway drinks to hotel patrons. The Secretary concluded by stating that the City had received a letter expressing support for the proposed hotel from Roberts Properties which owns some industrial buildings in the industrial park nearby. I Chairman Lucht asked the applicant whether he had anything to add. Mr. Bob Fields, representing the applicant, stated that he would answer any questions of the Commission. Chairman Lucht asked whether there were any other Comfort Inns in the general area. Mr. Fields stated that Comfort Inns was a subsidiary of Quality Inns and that there are others along the I -94 freeway in North Dakota. _Mr. Charlie Radloff, the architect for the project, stated that he had no objection to the conditions of approval listed in the report. In response to a question from the Secretary, Mr. Fields stated that liquor would not be a part of the operation in Brooklyn Center. He stated that Comfort Inn wants to beef up other amenities offered in the hotel and perhaps pursue the possibility of limited liquor service in the future. 12 -17 -85 -3- Commissioner Malecki asked what food would be served at the hotel. Mr. Fields stated that the continental breakfast would be available for patrons only. Commissioner Wallerstedt asked whether the applicant had done a market analysis to determine whether a hotel of this type would be successful in an area that has other hotels in it already. Mr. Fields answered that a market analysis has been done and that the conclusion was that a Comfort Inn would meet a strata of the market not presently provided for in this location. He stated that this was the upper budget "lower upper class" segment of the market. PUBLIC HEARING (Application No. 85040) Chairman Lucht then opened the meeting for a public hearing and noted that there was no one present to speak regarding the application. He called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. Commissioner Wallerstedt asked how the staff had arrived at the conclusion that no traffic problem would result from the development of the hotel. The Secretary explained that this conclusion was based on the Short- Elliot - Hendrickson traffic study done earlier in 1985. He acknowledged that there would be more traffic generated by the development, but that it would not cause a serious deterioration in the level of service at nearby intersections. He stated that most of the 'traffic problems would be handled 'on -site and on the private access road. Commissioner Sandstrom added that he did not think there would be concentrated, peaks with the hotel traffic as there is with office traffic which tends to come and go at narrow times of the day. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85040 (Brian Zubert) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 85040, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to aplicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to ,a central monitoring device in accordance with Chaper 5 of the City Ordinances. 12 -17 -85 -4- 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The private access road for this site and the office park to the south shall be constructed in accordance with plans approved under Application No. 85029 and signed for no parking /fire lane prior to issuance of a certificate of occupancy for the hotel. 10. Building plans and operation of the hotel are subject to approval by the City Sanitarian with respect to the whirlpools, hot tub, sauna, lodging license and food service. 11. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 12. The plans shall be modified prior to issuance of permits to indicate: a. Relocation of handicapped parking stalls (4 in number) to the parking area west of the building as close as possible to the west entrance to the building. b. Modification of the grading and drainage plan to indicate collection of drainage in areas other than access drives to the site. 13. The Fire Marshall shall approve the number and placement of fire hydrants serving the site prior to the issuance of permits. 14. The plat of the property shall receive final approval and be filed at the County prior to the issuance of permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9:08 p.m. and resumed at 9:26 p.m. APPLICATION NO. 85041 (City of Brooklyn Center HRA) Following the recess, the Secretary introduced the last item of business, a request for preliminary R.L.S. approval to resubdivide for conveyance purposes the Earle Brown Farm site and an Construction Company's vacant parcel at the Northeast RY p corner of Earle Brown Drive and Summit Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85041 attached). The Secretary also noted that Tract E, rather than Tract C as noted in the report, would be landlocked. 12 -17 -85 -5- 1 PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and noted that no one was present to speak regarding the application. He called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85041 of Brooklyn Center HRA) Motion by Commissioner Sandstrom seconded by Commissioners Nelson to recommend approval of Application No. 85041, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15. 3• Approval of the proposed R.L.S. is for reconveyance purposes only. No permits for new construction may be issued without a replatting of landlocked parcels with other parcels or an amendment of the development contract between the City and Ryan Construction Company. Voting in favor Chairman Lucht, Commissioners Malecki, Sandstrom, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. DISCUSSION ITEM (Sign Ordinance Amendments) The Secretary briefly referred to a memo that he had written on two suggested amendments to the Sign Ordinance regarding rummage sale signs and wall signs on enclosed shopping centers. He asked whether there were any questions. Commissioner Sandstrom asked whether real estate signs would be changed at all. The Secretary stated that real estate signs would not be affected by the proposed amendment, but that other modifications to the Sign Ordinance should be considered in the coming year. The Secretary went on to explain restrictions that will still apply to rummage sale signs although there would be a liberalization for such signs under the proposed amendment that was requested by the City Council. ACTION RECOMMENDING APPROVAL OF SIGN ORDINANCE AMENDMENTS Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of two sign ordinance amendments relating to rummage sale signs and wall signs for enclosed shopping malls. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Ainas, Nelson, Bernards and Wallerstedt. Voting against none. The motion passed. The Secretary then reviewed with the Planning Commission the 1986 meeting schedule as proposed and also noted that certain Commissioners would be up for reappointment. Commissioner Wallerstedt asked who enforced the Sign Ordinance. The Secretary stated that enforcement of the Sign Ordinance was somewhat divided between the Police Department and the Planning and Inspection Department.- He stated that signs 12 -17 -85 -6- l which require a permit are approved by the Planning and Inspection Department and that signs that do not require a permit are generally under the enforcement of the Police Department. There was a brief discussion of Sign Ordinance provisions and enforcement realities. Chairman Lucht noted that Commissioner Sandstrom will be gone during the month of January on a trip to Hawaii. ADJOURNMENT Motion by Commissioner Malecki seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9 :50 p.m. Chairman 12 -17 -85 -7- Planning Commission Information Sheet Application No. 85038 Applicant: Robert E. Schell Location: 412 66th Avenue North Request: Site and Building Plan The applicant requests site and building plan approval to construct an approximate 20' x 26' addition to the north end of the dental clinic at 412 66th Avenue North. The property in question is zoned C2 and is bounded on the east by newly established Highway 252 right -of -way (formerly the location of Ralph's Sinclair station); on the south by 66th Avenue North (to be widened); and on the west and north by vacant C2 zoned land. Dental clinics are classified as a permitted use in the C2 zoning district. The proposed addition would be to the rear (north side) of the building. Access would continue to be off 66th Avenue North (no access off Highway 252). No addi- tional parking is proposed, inasmuchas there are currently 23 parking spaces on the site and only 19 are required for the building with the addition at a rate of one space per 150 sq. ft. of gross floor area (the proposal calls for 2,761 sq. ft. of building area, total). The plans call for some additional landscaping in the area just west and north of the proposed addition. New plantings would include: one Manay Juniper, 10 Alpine Currents, one Norway Maple, two Isanti Dogwoods, and four Red Vanicek Weigela. No changes are proposed in paved areas of the site. Exterior treatment of the addi- tion would be cedar siding to match the existing building. The biggest change to the site actually comes from outside it namely the acquisition of land for highway right -of -way to the east and south. The east property line of the clinic site has become the westerly right -of -way line of State Highway 252. The required setback from such a major thoroughfare is 50'. The existing setback is 10' and the proposed addition would continue along that setback line. The entire clinic structure has become nonconforming as to setback because of the right- of-way taking and the proposed addition would expand that nonconforming situation. The applicant has, accordingly, applied for a variance from the Zoning Ordinance to allow this expansion. (See Application No. 85039.) Since staff recommended denial of that variance application, we cannot recommend approval of the site and building plan application at this time. Earl Howe of MNDOT has sent the City a letter informing us that some excess right -of -way will be available for reconveyance after construction of the highway. The addition, therefore, may ultimately become conforming. However, Mr. Howe has stated that the precise amount of land to become available is not known at this time. Until a definite commitment is made on the land to be made available, staff believe it would be very unwise to act favorably on the proposed expansion. We would recommend discussion with the applicant on the possibility of an agreed upon, indefinite tabling until a commitment is made by MNDOT on available excess right -of -way. 12 -17 -85 Planning Commission Information Sheet Application No. 85039 Applicant: Robert E. Schell Location: 412 66th Avenue North Request: Variance The applicant requests approval of a variance from Section 35 -400 and indirectly from Section 35 -111 of the Zoning Ordinance in order to add onto the dental clinic at 412 66th Avenue North. The property in question is zoned C2 and is the subject of Application No. 85038. The existing building now lies entirely within the set - back area off the newly established westerly right -of -way lines of State Highway 252. The proposed addition to the north side of the building would also lie with- in this setback area. The north right -of -way line of 66th Avenue North will also be shifted northward approximately 20' making the front yard setback substandard. The new addition would, therefore, be nonconforming as to setback and would con- stitute an expansion of a building that is entirely nonconforming as to setback. The applicant has submitted a letter in which he explains the need for the addition to the building and the circumstances surrounding the taking of his and adjacent land for highway purposes. Mr. Schell states that 66th Avenue North will be "eight feet nearer the front (south) entrance to the clinic." The new highway, he states will be no nearer to the side of the clinic than the as station formerly g el was. He states there will still be a "thicket of woods" and "a wide green space to the east before one reaches the highway. He states that this represents excess land for right -of -way purchased by the State. Mr. Schell also notes that the land to the north and (west) is vacant, largely wooded, and zoned commercial. He notes that the nearest residence is more than a block away and there is a Superamerica and a Pet Hospital south of 66th Avenue North. He states that no surrounding . properties would be adversely affected by the proposed addition.. Mr. Schell concludes his letter by pointing out that the nonconforming setback results through no fault of his own and contending that the right -of -way alignment and setback requirement create eate a unique problem for the clinic. He thus us concludes his case that the Standards for a Variance are met. The Standards for a Variance are set forth in Section 35 -240 (attached for review). With respect to setback - requi - rements of Section 35 - -400, i t may be that the ordi- nance standards are met. The applicant does appear to suffer a hardship in that an expansion that would otherwise be allowed within the site s rohibi p ted in this case because of changing relative location. The entire existing building is made nonconforming by the moving of the highway right -of -way line which now places the entire building within required setback area. The circumstances are fairly unique. Roadway widening or realignment does not affect many parcels in the C2 zoning district. The hardship certainly has not been created by the applicant, but by the highway taking. Adverse impact on other property or improvements in the neigh- borhood may be difficult to judge at this t' J 9 time. The building addition itself would seem to cause no harm to anyone on adjacent property. The issue raised by the City's ordinance requirements is whether a building set back 10' from the right-of- way line of a major highway is safe and healthy for those who frequent the building itself and the general public who travel that intersection.. Our judgment is that the situation for the clinic is made bad by the highway taking to the east and south and that the proposed addition will only compound the damages to the general public welfare. 12 -17 -85 -1- t` Application No. 85039 continued The real basis on which this application must be judged is the provisions of Section 35 -111 (attached) pertaining to the legal status of nonconforming uses. The clinic is considered a nonconforming structure because it doesnot conform to ordinance setback requirements and it is subject to the limitations imposed on nonconforming uses in Section 35 -111. The clinic is a nonconforming use of land in that it is a building located where only parking and greenstrip are allowed by ordinance. Under Section 35 -111, nonconforming uses of land may not "be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of thi's ordinance" (ie. at the time the use becomes legally nonconforming, in this case when the highway department acquired the former service station to the east for right -of -way purposes). In the past, buildings with relatively minor setback deficiencies have been allowed to expand, provided the new expansion meets current setback requirements In this case, the entire existing building is located ,within the required setback and no conforming expansion of the clinic structure is physically possible. It is, therefore, staff's recommendation that the requested variance application be denied and the applicant referred back to the MNDOT for compensation for the full damages caused by the highway taking, including the damage of becoming a nonconforming use of land. 12 -17 -85 -2- `Planning Commission Information Sheet Application No. 85040 Applicant: Brian Zubert Location: Freeway Boulevard east of Earle Brown Bowl Request: Site and Building Plan /Special Use Permit The applicant requests site and building plan and special use permit approval to con - struct a seven storey, 152 room hotel east of Earle Brown Bowl on the south side of Freeway Boulevard. The property in question is zoned I -1 and is bounded on the north by Freeway Boulevard; on the east by a vacant parcel planned as an access road; on the south by vacant land planned as the Lombard office park; and on the west by Earle Brown Bowl. Hotels are allowed by special use permit in the I -1 zoning district. The proposed hotel would have access off a private road to the east serving both the hotel site and an office park development to the south. Two accesses off this road are shown, one near the front of the hotel on the north side of the site and one at the southeast corner of the site. A preliminary site plan shows 170 parking stalls. The parking requirement for the hotel is one stall per unit (152) plus one per em- ployee (15) for a total of 167 spaces. Staff recommended that the three extra stalls be eliminated to make larger stalls for recreational vehicles, etc. No parking spaces have been provided for semi- trailers. Three handicapped parking spaces have been shown on the east side of parking lot. Staff recommend that four (at one per 50 spaces or fraction thereof) handicapped stalls be provided adjacent to the build - ing as close to the west entrance as possible. The landscape plan shows shade and coniferous trees around the perimeter of the site, shade trees in the parking lot islands and a mixture of trees and shrubs in the green areas around the building. No landscape schedule has yet been provided. It is pre- sumed that some coordination will be needed between the applicant and Lombard Properties on the landscaping of the private road greenstrip. The grading, drainage, and utility plan shows that the site will drain primarily toward two catch basins along the east side of the site, one located at the southeast corner and one at the main (north) entrance to the site. Staff recommend that some modification be made in the proposed grades to keep drainage from collecting at a major traffic point on the site. Water and sewer connections will both be made directly to City utilities in Freeway Blvd. The City Engineer has requested and received information on estimated sewer flow from the site to determine peak hour input into the City's sanitary sewer system which has a constriction in 65th Avenue North between Humboldt Avenue North and Dupont Avenue North. The City Engineer is making his comments in a separate memo, but is reasonably satisfied that peak sewer flow from the hotel and office developments will fit within the City's prescribed maximum (185 gals. /min. during peak hour) because the peaks complement each other over the time of day. The proposed building is to have a brick exterior with a mansard roof. The hotel is proposed as an all -suite hotel with six different types of suites. Eight handicapped units will be provided, all on the first floor. Stairway exiting will be provided on the north and south end of the building and elevators off the lobby area. A hot tub room, sauna and solarium will also be provided on the first floor. A trash enclosure is indicated near the southeast corner of the building. Regarding the special use permit standards from Section 35 -220 of the Zoning Ordi- nance (attached), staff see no concern regarding standards (a) and (b). The hotel's effect on the normal and orderly development of surrounding land is primarily guaged by its impact on available sewer capacity serving this area. On the basis of the 12 -17 -85 -1- ` Application No. 85040 continued sewer calculations submitted and the analysis of the City Engineer, staff feel that this standard can also be said to be met. Traffic impact of the proposed development does not significantly affect the peak hour traffic period (4-6 p.m.) for Freeway Boulevard, Shingle Creek Parkway and Humboldt Avenue North. The special use stan- dards pertaining to commercial uses in the I -1 zoning district - 9 ict in Section 35 330 would seem to be met especially in lieu of the two other hotels and the bowling alley and restaurant approved on I -1 parcels south of Freeway Boulevard. There may also be a concern as to the cummulative effect of all these commercial uses in the I -1 district. Certainly this is a factor, as the need for a sewer flow /capacity analysis shows. But, it seems appropriate to round out the area south of Freeway Boulevard with non - industrial uses since the character of that area is already established as commercial in nature. In lieu of the foregoing, approval is recommended, subject to at least the follow- ing conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all si gnery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The private access road for this site and the office park to the south shall be constructed in accordance with plans approved under Appli- cation No. 85029 and signed for no parking /fire lane prior to issuance of a certificate of occupancy for the hotel. 10. Building plans and operation of the hotel are subject to approval by the City Sanitarian with respect to the whi rpool s, hot tub, sauna and lodging license. 12 -17 -85 -2 i Application No. 85040 continued 11. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 12. The plans shall be modified prior to issuance of permits to indicate: a. Relocation of handicapped parking stalls (4 in number) to the parking area west of the building as close as possible to the west entrance to the building. b. Modification of the grading and drainage plan to indicate collection of drainage in areas other than access drives to the site. 12 -17 -85 -3- Planning Commission Information Sheet Application No. 85041 Applicant: City of Brooklyn Center HRA Location: Northeasterly of Summit Drive and Earle Brown Drive Request: Preliminary R.L.S. The Brooklyn Center Housing and Redevelopment Authority seeks approval of a prelimi- nary Registered Land Survey which subdivides for conveyance purposes the land at the northeast corner of Earle Brown Drive and Summit Drive. The land includes two parcels presently owned by Ryan Construction Company along the east and south sides of Earle Brown Drive. It also includes the Earle Brown Farm site and the site of the old bank /office building, both presently owned by the City. The land in question is zoned I -1 and is bounded on the west, north, and east by Earle Brown Drive, on the southwest by Summit Drive, and on the southeast by vacant, I -1 zoned land owned by Texas Air Corporation. The proposed R.L.S. contains nine tracts, A through I. Tracts A and B are essent- ially the existing Ryan property divided into south and north parcels for phased development in the future. Tracts G and H are the westerly portion of the City's Earle Brown Farm property to be conveyed to Ryan Construction for office development. Tract F is the historic farm site. Tract I, south of the farm, will be joined with the Texas Air property in the future for high -rise housing development. Tracts C, D and E at the north end of the R.L.S. will have parking spaces constructed over them and will be conveyed in the future subject to fulfillment of aspects of the de- velopment contract between the City and Ryan Construction. The areas of the proposed tracts are listed below: Area Tract A 1.94 acres Tract B 3.58 acres Tract C .24 acres Tract D .26 acres Tract E .37 acres Tract F 6.78 acres Tract G 2.01 acres Tract H 3.86 acres Tract I 1.84 acres Total 20.9 acres Two tracts, C and G_are landlocked. Tract I has only 24.64' of frontage on Summit Drive, which is substandard in the I -1 district. These deficiencies will disappear when all of the conveyances are complete and tracts are recombined to form new parcels for development. The proposed R.L.S. is generally in order and approval is recommended subject to at least the following conditions 12 -17 -85 -1- Application No. 85041 continued 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15. 3. Approval of the proposed R.L.S. is for reconveyance purposes only. No permits for new construction may be issued without a replatting of landlocked parcels with other parcels or an amendment of the development contract between the City and Ryan Construction Company. i • ' 11A CITY OF BROOKLYN CENTER Notice is hereby given that a public hearin g will be held on the 3 0th of Decemb at o . _ � g 19 85 , 0` , p.m. at the City Hall 630.1 Shingle Creek. .. Parkway, �, t o consider an amendment to Chapter 1 of the Animal Ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 - 5440 to make arrangements. ORDINANCE NO. AN ORDINANCE ME-ND TNG CHAPTER 1 OF THE ANIMAL ORDINANCE The City Council of the City of Brooklyn Center does ordain as follows: Section 1. Chapter 1 of the City Ordinances is hereby amended as follows: Section 1 -1 11 . — RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its [dog] animal to run at large. Section 1 -113 ENFORM ENT PRCCEDURES. The Animal Control Officer may capture and impound any [dog] animal running at large, and any unlicensed dog. Section 2. This ordinance shall become effective after fter on adop and upon P thirty days following its legal publication. Adopted this day of 1 9 Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) /-56 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating An Easement in Lot 2, Block 2, Thomas Construction Company 2nd Addition, Hennepin County, Minnesota. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING AN EASEMENT IN LOT 2, BLOCK 2, THOMAS CONSTRUCTION COMPANY 2ND ADDITION, HENNEPIN COUNTY MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Any interest ownership or license to the North 277.18 feet of the East 5.0 feet as measured perpendicular, from the East line said North 277.18 feet, of Lot 2. Block 2 Thomas Construction Company 2nd Addition, on file with the Registrar of Titles Hennepin County Minnesota is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST; Clerk Date of Publication Effective Date TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: December 19, 1985 RE: Vacating Easement in Thomas Construction Company 2nd Addition Attached is the ordinance that would vacate part of an easement along the boundary of Thomas Construction 2nd Addition that the relocated Evergreen Apartment building encroaches upon. Also attached is a letter from Mr. Kenneth Solie requesting the vacation of the easement. The easement was originally dedicated by the plat of Thomas Construction 2nd Addition and was part of a general dedication along all lot lines. This line was formerly the rear lot line. The line will change with the construction of T.H. 252 because Evergreen Apartments will be purchasing a part of the excess trunk highway right of way. This easement will then be detached from the actual rear lot line. If no utilities exist in the easement there is no reason to keep the easement. HRS : j n ORDVAC CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1985 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance and Sign Ordinance regarding Rummage Sale Signs. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangments: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING RUVMGE SALE SIGNS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 34 -110 and 35 -900 of the City Ordinances are hereby amended•in the following manner: Rummage Sale - The infrequent temporary display and sale, by an occupant on his or her premises, of personal property, including general household rummage, used clothing and appliances, provided the exchange or sale of merchandise is conducted within the residence or accessory structure; the number of sales does not exceed four (4) per year; the duration of the sale does not exceed three (3) consecutive days; any related signery shall [be limited to the premises and to other residential property provided that property owner's permission has been obtained to display such signery, shall] conform with the sign ordinance provisions [for home occupations and shall be removed at the termination of said sale]' and the conduct of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of Brooklyn Center. Section 2. Section 34 -130 of the City Ordinances is hereby amended in the following manner: Section 34 -130. PROHIBITED SIGNS. 7. Banners, pennants, streamers, balloons, [and] stringers or similar attent iorT ttracting devices, unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 or in Section 34- 140, Subdivision 2m of the City Ordinances. 11. Billboards, except as provided in Section 34 -140, Subdivision 2c, 2f 2h 2i 2k 21 oars which e a 1 or billb d hic may b ro ved in � , ( ) Y PP conjunction with an Administrative Permit as provided in Section 35- 800 of the City Ordinances; and certain rummage sale billboards as provided in Section 134 -1101 34 -140, Subdivision 2m of the City Ordinances. Section 3. Section 34 -140 of the City Ordinances is hereby amended by the addition of the following: ORDINANCE NO. Section 34 -140. 2. Permitted Signs Not Requiring a Permit. M. Rummage Sale Signs as follows: 1. A temporary on -site sign not exceeding 10 square feet in area, identifying the location of and /or information relating to a rummage sale. and Hers, pennants, streamers, balloons or similar attention attracting devices may also be displayed o'n the property where the sale is being conducted. The sign and other devices may be displayed for the duration of the sale only, and must be removed at its termination. 2. Temporary off -site signs not exceeding 10 square feet in area, indicating -- E location and /or time of a rummage sale may be located on other residential property not com merciE!1,� industrial or public property provided that property owner's permission has been obtained to display such signery. These signs may be displayed for the duration of the sale only, and must be removed at its termination. 3. Rummage sale signs must conform in all other respects with the provisions of this ordinance. Section 4. This ordinance shall become effective after and thirty (30) days following its legal publication. Adopted this day of 19 . Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) %d CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1 1985 at p.m. at the City Hall, 6301 Shingle Creek r Parkway, to considean amendment to the Sign Ordinance regarding wall signs for enclosed shopping malls. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 REGARDING WALL SIGNS FOR ENCLOSED SHOPPING MALLS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 34 -140 of the City Ordinances is hereby amended in the following manner: 3. Permitted Signs Requiring a Permit a. Commercial (C2 and Industrial I -1 and I -2) Districts 1. Wall Signs and Projecting Signs b. Clustered Establishments Attached establishments or enterprises clustered in a shopping center complex or in a multi - tenant office or industrial building may have wall signs or projecting signs subject to the following: i. Each establishment or enterprise may have such signs on each of its exterior walls, provided the aggregate area of such signs does not exceed 30% of the wall supporting the signs; ii. In lieu of the above, the aggregate of the establishments or enterprises may have a wall or projecting sign on each wall identifying the tenants collectively, or identifying the complex or building; provided the area of each sign does not exceed 30% of the area of the wall supporting it. iii. Each establishment or enterprises located within an enclosed shopping center mall may have signs on exterior walls identifying tenants separately and /or collectively, or identifying the complex or building; provided aggregate area of the sign or sign es not exceed lO-, o� f the area of the wall supporting it. Section 2. This ordinance shall become effective after adoption and upon thirty (30)days following its legal publication. ORDINANCE NO. Adopted this day of 19 Ntyor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MEMORANDUM TO: Planning Commission Members FROM: Ronald A. Warren, Planning Commission Secretary DATE: December 13, 1985 SUBJECT: Proposed Sign Ordinance Amendments on December 17, 1985 Agenda Two ordinance amendments are being offered for the Planning Commission's consideration on December 17, 1985. Both amendments primarily relate to the Sign Ordinance and address two different issues. The first issue relates to rummage sale signs and was i g 9 raised on October 7, 1985 at the Open Forum p portion of the i p City Council meeting.. A Ms. Carat Kleven 5835 Zenith Avenue North, presented her concerns regarding the interpretation and enforcement of the ordinance relating to garage sale signs. She noted that after decorating her yard with balloons for a garage sale, she was informed that the balloons would have to be removed because they are a prohibited form of signery. She also questioned the interpretation of the ordinance and indicated that it is not clear regarding the use of balloons. She added that she had no problem with other provisions of the ordinance regarding the number and duration of sales, prohibition against posting signs on power poles, etc., but felt the restriction against balloons and other atten- tion attracting devices for a garage sale or other events was overboard. The staff was directed to look into the matter to see if some modifications to the ordinance were in order. The ordinance amendment offered provides for loosening restrictions for on -site garage sale signs and clarifies City policy and interpretation of balloons, streamers and other attention attracting devices as prohibited signs. The main thrust of the amendment would be to establish provisions in the ordinance to acknowledge rummage sale signs as "permitted signs not requiring a permit." People having a garage sale would be entitled to display banners, pennants, streamers, balloons or similar attention attracting devices only on their property during the course of the event. In addition, they would be allowed to display one on -site garage sale sign no greater than 10 sq. ft. in area ea (currentl q e sign is limited Y a garage a 9 sal 9 to 2.5 sq. ft. in area). The off -site sign provisions would be basically unchanged. These signs are allowed on other residential property with the consent of that property owner and would also be limited to 10 sq. ft. in area (currently limited to 2.5 sq. ft.. in area). No attention attracting devices would be allowed with the off -site signs. All signs and attention attracting devices would have to be removed at the end of the sale. In all other respects garage sale signs, whether on -site or off -site, must conform with the provisions of the Sign Ordinance. This would mean they are not, among other things, allowed to: interfere with a traffic sign or signal; be placed in the public right -of -way or boulevard easement area; to resemble any official marker such as a stop sign; use a flashing sign or searchlight; be tacked or posted on trees, fences, utility poles or other such supports. Memo Page 2 December 13, 1985 The second ro o ed m ' p p s amendment relates to a variance requested by Arby's which was recommended for approval by the Commission. The City Council was not inclined to approve the variance, but rather tabled it directing consideration of an ordinance amendment that would address Arby's similar situations. Y s situation and s s This amendment would affect only establishments located in an enclosed shopping center mall and would allow individual and /or collective tenant identification signs on exterior walls and also allow wall signs identifying the building or complex provided the total signery does not exceed 10% of the area of the wall supporting the sign. Currently, 30% is allowed for wall signs. No other _changes are proposed and the current rovisions would affect other attached establishments in the same way as the P e y y do now. We are not prepared, at this time, to make more far reachinq recommendations._ It is important to research the effects of such an amendment on all other establishments before contemplating such changes. We also believe it would be worthwhile for the Commission to undertake a review of the entire Sign Ordinance within the next year. LABOR RELATIONS ASSOCIATES INC. 7501 Golden Valley Road Golden Valley, Minnesota 55427 612/546.1470 December 20, 1985 Mr. Tim Connors Business Representative I.U.O.E., Local No. 49 2829 Anthony Lane South Minneapolis, Minnesota 55418 Dear Tim: Enclosed are two (2) copies of a MEMORANDUM OF UNDERSTANDING for signature by the Union representing the settlement for calendar 1986 between MAMA and IUOE, Local No. 49. Please return both copies to my office as soon as possible for signature by MAMA representatives. The MEMO and changed contract pages will be distributed to MAMA cities as soon as signatures are obtained. A copy of the signed MEMO will be returned to you. If you have any questions please call, Sincerely, C. F. Smythe CFS : hfc cc: ;,Gerald Splinter William S. Joynes Encl. MEMORANDUM OF UNDERSTANDING FOR CALENDAR 1986 BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: Blaine Eden Prairie New Hope Brooklyn Center Edina Oakdale Brooklyn Park Fridley Richfield Burnsville Golden Valley Robbinsdale Circle Pines Hopkins Roseville Columbia Heights Minnetonka St. Anthony Cottage Grove Mounds View St. Louis Park Crystal White Bear Lake AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49, AFL -CIO ARTICLE XIX - INSURANCE The stated dollar amount in ARTICLE XIX, Section 19.1 of $155.00 for calendar 1985 will be increased by Ten Dollars ($10.00) for calendar 1986. Thus Section 19.2 shall read: "19.2 The EMPLOYER will contribute up to a maximum of one hundred sixty -five dollars ($165.00) per month per employee for group health and life insurance including dependent coverage for calendar 1986." -1- MEMORANDUM OF UNDERSTANDING -2- MAMA AND IUOE, LOCAL NO. 49 FOR CALENDAR 1986 APPENDIX A - WAGES The MAINTENANCE II classification shall be increased by four percent (4% ($.45)). Classifications equal to or below the MAINTENANCE II wage rate shall be increased by four percent (0). Classifications equal to or above the MAINTENANCE II wage rate shall be increased by forty -five cents ($.45) per hour. Thus section A of APPENDIX A - WAGES shall read: "The following wage schedule will be in effect from the first payroll period in 1986 through the last payroll period in '1986: MAINTENANCE III . $ 12.23 ($.45) MAINTENANCE II . . . . . $ 11.75 (4% ($.45)) MAINTENANCE I . . . . . . $ 8.47 (0)" DURATION As previously agreed the duration of the Labor Agreement shall be through December 31, 1986. FOR M.A.M.A.: FOR I.U.O.E., LOCAL NO. 49: Dated this day of Dated this day of 1985. 1985. 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE I XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of one hundred fifty -five dollars ($155.00) per month per employee for rou g P health and life insurance including dependent coverage for calendar 1985. 19.2 The EMPLOYER will contribute up to a maximum of one hundred sixty -five dollars ($165.00) per month per employee for group health and life insurance including dependent coverage for calendar 1986. 19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19.1 and 19.2 for dental insurance for all unit employees. -15- APPENDIX A WAGES A. The following wage schedule will be in effect from the first payroll period in 1986 through the last payroll period in 1986: MAINTENANCE III . . . . . . . . $ 12.23 per hour MAINTENANCE II . . . . . . . . 11.75 per hour MAINTENANCE I . . . . . . . . . . 8.47 per hour B. All new employees hired after February 7, 1984 may be classified at the sole discretion of the individual cities covered by this AGREEMENT as MAINTENANCE I and receive Working Out of Classification pay as provided by Section C of this APPENDIX. C. WORKING OUT OF CLASSIFICATION ICA ION PAY C -1. Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE III rate of pay for those hours assigned to the unit: (Heavy Equipment items are those as listed in the LOCAL ADDENDUM to this MASTER AGREEMENT.) -19- 174 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Administrative Assistant DATE: December 24, 1985 SUBJECT: TSAC Restructuring The Brooklyn Center Traffic Safety Advisory Committee (TSAC) was created in the early 1980's to handle citizen traffic complaints in an effort to reduce the number of such complaints reaching the City Council. The TSAC consists of a nine - member advisory committee appointed by the Mayor. Members are selected from the general citizenry and are not required to have a wvrking knowledge of traffic issues. Around the time that the TSAC was formed an Administrative Traffic Committee (ATC), consisting of the City Manager, Director of Public Works, Chief of Police, Engineering Technician, and Administrative Assistant, was developed to deal with initial traffic complaints. Presently, the ATC meets on a regular basis, approximately once a month, to review, discuss and resolve such com- plaints. In the last few years, the ATC has processed an annual average of 42 complaints. In addition, the ATC reviews traffic patterns and flows in the City, and discusses policy issues related to traffic. Because of the ATC's efficiency in resolvin g complaints, the TSAC has not met � since February 9, 1984. In the months prior to that date, the TSAC mainly met to discuss certain traffic complaints originating from TSAC members, rather than to handle citizen traffic complaints. In the last two years, only one issue unsatisfactorily resolved by the ATC, according to the complainant, has reached the City Council - that of problems on Humboldt Avenue North between 69th and 73rd Avenues North. The ATC has been able, quite successfully, to manage traffic complaints generated by citizens and staff. It is the recomnendation of the ATC, therefore, to abolish the TSAC and to establish a three - member Traffic Appeals Committee appointed by the Mayor; at least two of the three members should have some background in traffic practices. The purpose of this committee would be to review citizen appeals from decisions made by the ATC, and it would meet on an as- needed basis only. With the creation of an appeals committee, citizens will still have an oppor- tunity to resolve their complaints without necessarily reaching the City Council. The process will also be made more efficient with the requirement that the appeals committee membership be knowledgeable on the subject matter before them. M & C NO. 85 -15 December 24, 1985 / FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Policy for Issuance of Off Site Charitable Gamblin g Licenses To the Honorable Mhyor and City Council: r The last legislative session authorized the issuance by the State of Minnesota of off site charitable gambling licenses. This means that charitable organizations qualifying under State regulations may receive certain types of gambling licenses to be exercised off the premises or site of the organization in liquor license establishments only. There are three types of licenses which are allowed. Class A (fee $100) allows bingo, raffles, paddle wheels, tip boards, and pull tabs; Class B ( fee $50) allows raffles, paddle wheels, tip boards and pull tabs; and Class C ( fee $50) is for bingo only`. These licenses are governed by the Minnesota Charitable Gambling Control Board. The municipality has the opportunity to veto the issuance of the license. The procedure that is followed is the applicant goes to the State of Minnesota, gets the forms, fills them out and then brings them to the local municipality. The municipality must sign off that they have acknowledged receipt of the application and the date of its receipt. The municipality then has 30 days from that date to notify the State if they disapprove of the application. If the municipality fails to respond in the 30 day period, the State will automatically issue the license. At your last Council meeting you rejected a license and on December 23, 1985 the City was in receipt of a license application for the Lions Club to conduct charitable gambling at the Lynbrook Bowl and the Earle Brown Bowl. Both of the licenses requested are type B licenses, which allow raffles, paddle wheels, tip boards, and pull tabs. The Council has basically three choices of action relating o charitable g gambling. They could choose to completely ignore the applications, therefore, allowing them to be approved by the State without any local review. Another choice is to state that you will approve of off site charitable gambling and then review the applicants on a case -by -case basis, exercising some judgment as to which types of charitable organizations and what locations you wish to allow this type of gambling. Thirdly, the Council could issue a blanket order to reject and veto all requests for charitable gambling. If you choose the latter of these requests, that is to reject and veto all requests, basically y ou would be maintaining th Y Y e status quo a s far as g q charitable amblin because the only thing g g y ng you would be rejecting is off site charitable gambling. The type of charitable gambling that currently is occurring in churches, social halls and by civic clubs would still continue. The Police Chief and I recommend the Council reject all charitable gambling applications for a period of time, at least 18 months, until Y ou can view the experience of other communities. No one is yet willing to predict what the ramifications of this type of activity within liquor license YP Y q establishments will be. We have a good on sale liquor operation within the community, and I am personally not willing to jeopardize that without further study and experience. The City Council could at any point in time decide to change the rejection policy once it has had sufficient opportunity to view the experiences of other communities. The reason we are requesting a total rejection until we view other communities' experiences is that if we once start issuing these licenses as a practical matter, it M&C N0. 85 -15_ -2- December 24, 1985 will be almost impossible to withdraw them. If you were to sustain this policy for approximately 18 months you could then look at other communities' 12 month experience and give yourself six months time for staff analysis and policy review. You could also review the statistics as to how much money was raised and how it was used. This might allow you to develop a more intelligent and long lasting policy on issuance of these licenses after you have viewed some experience on the matter. Respectfully submitted, Gerald G. Splin r, City Manager r j Licenses to be approved by the City Council on December 30, 1985 /�l BOWLING ALLEY LICENSE Lynbrook Bowl, Inc.. 6357 N. Lilac Dr. Ci y k er .� CIGARETTE LICENSE Brookdale Cinema 5801 John Martin Dr. Brookdale Ford 2500 County Rd. 10 Brooklyn Center Mobil 6849 Brooklyn Blvd. Canteen Company of MN 6300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd M.T.C. 6845 Shingle Creek Pkwy. Chuck's Q. 1505 69th Ave. N. Dahlco Music & Vending 119 State Street Ground Round Restaruant 2545 County Rd 10 Denne's Market 6912 Brooklyn Blvd. Holiday Inn Gift Shop 1501 Freeway Blvd. Jimmy Jingle 1304 E. Lake St. Brookdale Corporate Center II 6200 Shingle Cr. Pkwy. Brookdale Corporate Center 6300 Shingle Cr. Pkwy. Lynbrook Bowl, Inc. 6 357 N. Lilac Dr. Servomation 7490 Central Ave. NE Dayton's Brookdale Center Graco 6820 Shingle Cr. Pkwy. SuperAmerica Stations 6545 W. River Rd. SuperAmerica Stations 1901 57th Ave. N. Total Petroleum, Inc. 6830 Brooklyn Blvd. r� I*MA City Clerk GASOLINE SERVICE STATION LICENSE Brookdale Car Wash 5500 Brooklyn Blvd. Brooklyn Center Mobil 6849 Brooklyn Blvd. Chuck's Q. 1505 69th Ave. N. Northwestern Bell 6540 Shingle Cr. Pkwy. SuperAmerica 6845 W. River Rd. SuperAmerica 1901 57th Ave. N. Total Petroleum 6830 Brooklyn Blvd. City Clerk LODGING ESTABLISHMENT LICENSE Thrifty Scot Motel 6445 James Circle Sanitarian MECHANICAL SYSTEMS LICENSE C.O. Carlson Air Conditioning 1156 Aldrich Ave. N. Hovde Heating 2222 Edgewood Ave. S. Buildi Of icial NONPERISHABLE VENDING MACHINE LICENSE � oca Cola Bottling Midwest 1189 Eagan Ind. Rd. Palmer Lake Plaza 6860 Shingle Cr. Pkwy. �QLZ1� Sanitarian NURSING HOME LICENSE _ Marana ha Conservative Home 5401 69th Ave. N. �- City erk OFF -SALE NONINTOXICATING LIQUOR LICENSE Chuck's Q. 1505 69th Ave. N. Denne's Market 6912 Brooklyn Blvd. 4 i f of Police ON -SALE NONINTOXICATING LIQUOR LICENSE 50's Grill 5524 Brooklyn Blvd. Beacon Bowl 6525 Lyndale Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 937 Summit Dr. Denny's 3901 Lakebreeze Ave. Little Brooklyn Restaurant 6219 Brooklyn Blvd. Rock Rococo Y Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. C", f of Police POOL AND BILLIARD TABLE LICENSE Lynbrook Bowl 6357 N. Lilac Dr. 1�1n City Clerk RENTAL DWELLING LICENSE Initial: Bob Van Moorlehem 6261 Brooklyn Dr. Herbert A. Zwirn 5500 Bryant Ave. N. Brian A. Patnode 5916 Bryant Ave. N. Merle G. Biggs 3910 65th Ave. N. Joseph & Madeline Roche 824 69th Ave. N. Myrna L. Hubert 5300 70th Circle Renewal: George & Susan Patten 5912 Admiral Lane G. Lucht, R. Wood, W. Clauson 5105 Brooklyn Blvd. Rudolph J. Olson 6505 Brooklyn Blvd. Laura & Jeff Hanson 6933 Brooklyn Blvd. Peter & Lillian Ulmaniec 5906 Colfax Ave. N. Raymod & Tracy Rice 5801 Ewing Ave. N. John Carnahan 1525 Humboldt Place John Carnahan 1531 Humboldt Place M & J Properties 1549 Humboldt Place M & J Proprties 1555 Humboldt Place Darlene Dimitroff 6442 Indiana Ave. N. Carin Lee Rudolph 5318, 20 Queen Ave. N. Robert Messersmith 5338, 40 Queen Ave. N. Byron & Nancy Mach 4708, 4712 Twin Lake Ave. Gary & Danae Morrison 5104 E. Twin Lake Blvd. Rosita Acosta 6113 Xerxes Ave. N. Sherry A. Ronallo 819, 821 55th Ave. N. David Larson 1313 57th Ave N. James Lupient 4450 58th Ave. N. Jerry Harrington & Eugene Berg 1200 67th Ave. N. 1 C1 l j -WAk Director of Planning and Inspection SIGNHANGER'S LICENSE Scenic Sign Corporation P.O. Box 881 BuildiU'Official GENERAL A PPROVAL: Gerald G. Splinter, City Clerk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE IN BID OPENING DATE FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT JOHN MARTIN DRIVE AND AT SUMMIT DRIVE (PROJECT NO. 1985 -20, CONTRACT 1985 -M) WHEREAS, pursuant to Resolution No. 85 -230 adopted by the City Council on the 9th day of December, 1985, bids were to be opened on January 3, 1986 and considered by the City Council on January 6, 1986; and WHEREAS, the Director of Public Works has advised the City Council that the advertisement for bids was inadvertently not published according to the prescribed schedule: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that Resolution No. 85 -230 is hereby amended to provide that the the City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on January 23, 1986, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on January 27, 1986, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. 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. 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