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HomeMy WebLinkAbout1984 12-17 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 17, 1984 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5 Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a 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 - November 19, 1984 - Regular Session December 3, 1984 = Regular Session 7. Appointment to Park and Recreation Commission 8. Resolutions a. Granting Final Approval for an Industrial Development Revenue Bond This item comprehends phase II of the Brookdale Corporate Center (Ryan Construction Incorporated Brookdale II Limited Partnership in the amount of $8000 * b. Approving Amendments to the ByLaws of the Brooklyn Center Fire Department Relief Association c Amending the 1984 General Fund Budget * d. To Transfer Funds from the Federal Revenue Sharing Fund to the General Fund e. Setting Wages and Salaries for the Calendar Year 1985 -This item also includes a discussion of a request from the police department clerk dispatchers regarding pay for work on holidays and a comparison of elected officials' salaries in other communities. * f. To Transfer Funds from the General Fund to the Capital Projects Fund * g Accepting Work under Contract 1983 -I (Park Improvement Project 1983 -10) -This contract provided for construction of comfort station and trash" enclosures within City parks. h. Accepting Quotation for Purchase of Microfilm Reader /Printer This resolution provides for purchase of a microfilm reader /printer for the engineering department as authorized in the 1985 Budget. CITY COUNCIL AGENDA -2- December 17, 1984 i. Approving Plan Layout for Improvement of I -694 between T.H. 100 and I -35W j. Requesting the Minnesota Department of Transportation to Incorporate Certain Design Features into Construction Plans for the Improvement of I- 694 between T.H. 100 and I -35W * k. Authorizing Mayor and City Manager to Enter into an Agreement with Minnesota Program Development Incorporated -This agreement provides for continuation of the Domestic Assault Intervention Project in Brooklyn Center and is authorized by the 1985 Budget. *1. Accepting Bids and Authorizing Purchase of Copy Machine -It is recommended the bid of IBM in the amount of $25,275 be accepted. This item is authorized by the 1985 Budget *m. Accepting Bids and Authorizing Purchase of Four Police Patrol Sedans -It is recommended the bid of Thane Hawkins Polar Chevrolet in the amount of $10,279 per vehicle be accepted. This item is authorized by the 1985 Budget. n. Authorizing Purchase of Police Mobile Command Center This item is proposed for purchase from the City's Contingency Fund. Total cost is $59,000 ($23,000 for vehicle, $30,000 for interior equipment, and $6,000 consultant fees) . Federal funds would provide $18,000 with the City's share at $41,000. *o. Accepting Bids and Authorizing Purchase of Radio Controlled Sirens -This item is authorized by the 1984 City Budget. Hennepin County has awarded the contract for the purchase and installation of the sirens on a County -wide basis. It is recommended the sirens be purchased under the Hennepin County contract. *p. Approving Specifications and Authorizing Advertisement for Bids for Two 72 Inch Rotary Mowers *q. Declaring Surplus Property and Authorizing Sale of City's Copy Machine 9. Planning Commission Items: (7:30 p.m.) a. Planning Commission Application No. 84037 submitted by Thomas P. Ralph for preliminary plat approval to subdivide into two lots the parcel at 5331 - 63rd Avenue North and an adjacent outlot to the the east. The Planning Commission recommended approval of Application No.$4037 at its December 6, 1984 meeting. b. Planning Commission Application No. 84038 submitted by Brian Cook for site and building plan and special use permit approval to construct 'a two -bay Quick Lube facility on the southerly portion of the Car -X Muffler Shop site at 6810 Brooklyn Boulevard. The Planning Commission recommended approval of Application No. 84038 at its December 6, 1984 meeting. r CITY COUNCIL AGENDA -3- December 17, 1984 10. Discussion Items: a 1985 Public Improvement Program b. T.H. 252 Municipal Utility Modifications c. North Metro Traffic Task Force d. Planning Commission Recommendation Regarding Interim Ordinance Suspending` Certain Development in the City 11. Consideration of Specified Licenses: a. On -sale Intoxicating Liquor Licenses Class A ($8,000 per year) -Red Lobster (General Mills Restaurant Group), Yen Ching Restaurant b. On -sale Intoxicating Liquor Licenses Class B ($11,000 per year) -Earle Brown Bowl (Diamond Lake Fun Centers, Inc.), Green Mill (Green Mill Inn, Inc.), Ground Round (Howard Johnson Company), Holiday Inn (Brock Hotel Corporation) , Chuck Muer's (C. A. Muers Corporation /Merriweathers, Inc.) , T. Wright's Saloon and Supper Club c. On -sale Intoxicating Liquor License Class C ($14,000 per year) Lynbrook Bowl d. On -sale Sunday Intoxicating Liquor License ($200 per year) -Earle Brown Bowl, Green Mill, Ground Round, Holiday Inn, Lynbrook Bowl, Chuck Muer's, Red Lobster, T. Wright's, Yen Ching. e. On -sale Wine Licenses - Denny's Restaurant, The Good Earth Restaurant f. On -sale Club License - Brooklyn Center American Legion Post #630 (130 members - $300 per year) g. On -sale 3.2 Beer License Holders ($500 per year) - Beacon Bowl, Chuck Wagon Inn, Davanni's ( Davanni's, Inc.) Denny's Restaurant (Denny Is, Inc.), The Good Earth (The Good Earth of Minnesota, Inc., III), Little Brooklyn Restaurant (formerly Taco Towne), Rocky Rococo's Pizza (Rocky Rococo Corporation), Scoreboard Pizza (E & S Enterprises) - formerly Pizza Factory, Showbiz Pizza Place (the Sweeney' Group) *12. Licenses 13. Adjournment 4r (1-52 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 19, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Councilmember Celia Scott. 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 Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested items 7a and 12 be removed from the Consent Agenda. APPROVAL `OF MINUTES - SEPTEMBER 24, 1984, REGULAR SESSION There wasamotion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the September 24, 1984 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 6 1984, SPECIAL SESSION ere Th wa il s a motion by Counc member Scott and seconded by Councilmember Hawes to approve the minutes of the special November 6, 1984 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -171 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION ESTABLISHING CITY GARAGE /7- ELEVEN STORE FUEL TANK RECONDITIONING PROJECT NO. 1984 -16, AND ACCEPTING PROPOSAL FOR WORK THEREON The motion for the adoption of the foregoing resolution was duly seconded by member 11 -19 -84 -1- Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. AUTHORIZATION FOR MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR LEASE EXTENSION ON HUMBOLDT SQUARE LIQUOR STORE — — There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into An Agreement for the Extension of the Lease on the Premises Occupied by the Humboldt Square Liquor Store. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:- none. The motion passed unanimously. AUTHORIZATION FOR MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE 1984 AUDIT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into An Agreement with Seifert, Betts and Company, Ltd. Certified Public Accountants for the 1984 City Audit. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Agreement with Lindberg-Pierce,_ Inc. for Architectural Services Relating to Remodeling of the Former 7- Eleven Convenience Store. He explained that the resolution provides for architectural services related to the remodeling of the former 7- Eleven Store which was recently purchased for use as a Municipal Liquor Store. Councilmember Hawes inquired why the project was not put out on bids. The City Manager explained that for smaller projects the City does not use a bid procedure and also the particular firm being recommended has done considerable work for the City, including a significant amount of remodeling and has established a very good track record. RESOLUTION NO. 84 -172 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH LINDBERG- PIERCE, INC. FOR ARCHITECTURAL SERVICES RELATING TO REMODELING OF THE FORMER 7- ELEVEN CONVENIENCE STORE 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONTINUATION OF PUBLIC HEARING ON MULTIFAMILY HOUSING BOND FOR EARLS BROWN FARM APARTMENTS The City Manager explained the public hearing was continued from the November 5, 1984 City Council meeting to allow time for the staff and the applicant to prepare additional information for the City Council. With regard to staff recommendations, the City Manager recommended that the Council consider Multifamily Housing Bond requests on a case by case basis with the provision that the City inspect the buildings in order to give another opinion and appraisal on what 11 -19 -84 -2- rehabilitation actually needs to be performed. He added that he does not believe generalized guidelines would serve much purpose or have much value in review of Multifamily Housing Bond requests. Administrative Assistant Hoffman explained that the City's Housing Advisory Commission has reviewed the policy on Multifamily Housing Bonds and has indicated that they want to review it further. He added also that the Housing Commission recommends the Council consider federal legislative goals with regard to maintaining a City's housing stock and the supply of low and moderate income housing in Brooklyn Center. Administrative Assistant Hoffman also pointed out that, if the Multifamily Housing Bonds are issued in the same manner as Industrial Revenue Bonds, the federal government will likely look at this process with a great deal of scrutiny and may place a cap on these types of bonds as they have done with the IRB's. In conclusion, Administrative Assistant Hoffman pointed out that approval is recommended contingent on a follow up inspection by the City and the development of a list of mandatory rehabilitation items in order to qualify for a bond. Mayor Nyquist commented he agrees that the need for rehabilitation should be established by City staff. Councilmember Hawes expressed a concern that it appears the Council is asked to approve a plan which they have not seen. Administrative Assistant Hoffman pointed out that any plans for remodeling or new development must be brought to the City's Planning Commission and that the financing for the project does not disallow this procedure. He explained the money for the project won't be available without site and building plan approval. Administrative Assistant Hoffman then proceeded to review the City's inspection policies authorized under the Housing Maintenance Ordinance. Councilmember Theis inquired what percentage of existing rental units in the City are in poorer condition than those in the Earle, Brown Farm Apartments. Administrative Assistant Hoffman explained that in his estimation the Earle Brown Farm Apartments was one of the better rental complexes in the City and ranked in at least the upper third. Councilmember Theis then requested an explanation of the intent of the federal legislation. Administrative Assistant Hoffman explained the intent of the legislation was to assure housing to low and moderate income persons, and pointed out that 20% of the units must be occupied by persons of low and moderate income. In response to a question from Councilmember Lhotka, Administrative Assistant Hoffman replied that the Housing Commission intends to review the Multifamily Housing Bond Program further and recommend a policy. Mayor Nyquist recognized Marcia Cohodes, of Miller & Schroeder, and representing the applicant. Ms. Cohodes explained that she has reviewed the intent of the legislation and believes that the purpose of the program is to maintain a supply of low and moderate_ income housing and also the maintenance of the existing housing stock in the City. She explained the rehabilitation of one project provides incentive for other developments to do likewise. - She noted that the buildings in the Earle Brown Farm Apartments are between 12 and 20 years old and buildings in this age group do not always show the need for maintenance outwardly. She explained that the Multifamily Housing Bond Program is the only vehicle of financing the City has which wild. allow a City to influence what will be done to maintain structures. Councilmember Scott inquired how much money the developers must contribute to the project.. Ms. Cohodes explained that, generally developers look for an institution to guarantee the bonds, and the lender usually looks at the appraised value of the 11 -19 -84 -3- buildings and will generally fund appraised value therefore g 0 of th ea i . g 8 Y % AA , the developer usually contributes 20 %• Councilmember Theis asked what the current interest rates on a project of this nature would be. Ms. Cohodes explained that the interest rates for tax exempt AA bonds is 9 3/4% and with credit enhancement 10 3/4% fixed rate. She explained that the current conventional rates are 13 1/2% to 14% and they are renegotiated every two years. She added that, with regard to the time line for the project, the developer is looking for preliminary approval of the project this evening. Mayor Nyquist recognized Mr. Phil Cohen, representing the City's Housing Commission. Mr. Cohen stated that the issue of Multifamily Housing Bonds was reviewed by the City's Housing Commission. He explained the City has already issued bonds for the Brookwood Project which had a requirement that 20% of the residents of the project must be of low and moderate income. He explained that the current debate in Congress on the housing bonds was one item that held up passage of a tax bill. He explained that the groups representing low and moderate income persons testified that this program was one of the only sources of financing for housing. He added that he believes the proposal before the Council this evening follows the letter of the law and that it is the intention of law to provide housing for low and moderate income persons and elderly persons. He concluded by stating that Congress will examine what the public purpose is in this legislation and will review municipal activities in this regard. Mayor Nyquist stated that he was unsure of the definition of rehabilitation, and suggested that perhaps some of the problems which require rehabilitation are related to poor construction in the first place, and added that he would not like to reward it with this type of program. Councilmember Lhotka expressed a concern over one of the owners of the project who will continue to be involved. He also stated that items such as the roof, windows, and appliances are normal maintenance items, and suggested that these could have been dealt with earlier. Mayor Nyquist recognized the applicant Mr. Gary Holmes who stated that in the past people have held properties for six to seven years then passed them along to the next owners and there has never been a continuity of ownership. Councilmember Theis inquired of the applicant how the level of rents have acted over the past 13 years. Mr. Holmes stated he assumes that the rents were kept current with market place supply and demand. He explained the rental market in the Twin Cities is very tight and that rents have gone up. Councilmember Theis and Mr. Holmes then discussed the financing of the project both under the Multifamily Housing Program and in the normal market place. 1 Holmes contended that the normal market place financing would not allow the rehabilitation of the project, financially speaking. Mayor Nyquist inquired of the applicant whether he would create a reserve fund for maintenance in future years, if the project was approved. He explained that by maintenance he meant a set aside for continued maintenance other than the 15% required by the program. Mr. Holmes replied that 15% of the total bond money must be spent within the first five years, but that he believes a maintenance program as suggested by the Mayor could be worked out. Mayor Nyquist inquired if there was anyone else present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 11 -19 -84 4 There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on the Multifamily Housing Bond for Earle Brown Farm Apartments. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by ,Councilmember Lhotka and seconded by Councilmember Theis to deny the request for a Multifamily Housing Bond for the Earle Brown Farm Apartments. In discussion of the motion, Councilmember Hawes suggested that rather than denial the staff could develop some guidelines for instituting a maintenance fund as suggested by Mayor Nyquist. Mayor Nyquist suggested that the Council may want the Housing Commission to review any guidelines. Councilmember Theis then stated that the guidelines should tell the Council what it needs to know about a particular piece of property and in the future may find a method to use the law. Councilmember Lhotka inquired whether, if the project is denied this evening could the applicant bring the project back later. The City Attorney stated he believes P P J Y there is nothing in the law which prevents it and the Council could request the staff to prepare a resolution of denial for this project. Councilmember Scott stated that she was not against the intention of the Multifamily Housing Bond Program but without guidelines she was not prepared to approve a project. She added that she is not against this particular project but without guidelines she felt she could not approve it. Councilmember Lhotka stated that these are the same thoughts expressed at the last Council meeting, and emphasized the fact that, in his opinion, he could not approve the project because he did not know where the law was taking the City in terms of an overall maintenance and redevelopment program. Upon a vote being taken on the motion, the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to direct the City staff and Housing Commission to review the Multifamily Housing Bond Program and develop guidelines regarding the City's role in determining rehabilitation requirements for projects approved under the Program. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:03 p.m. and reconvened at 8 :20 p.m. DISCUSSION ITEMS ASSOCIATION OF METROPOLITAN MUNICIPALITIES 1985 -86 LEGISLATIVE POLICY RECOMMENDATIONS The City Manager explained that the Association of Metropolitan Municipalities Policies was developed by various committees of the organization and the staff can respond to any comments the Council may have about the proposed policies. He noted that the policies will be voted on at the Association of Metropolitan Municipalities general meeting held on December 6, 1984. RYAN LAKE DETACHMENT /ANNEXATION 11 -19 -84 -5- The City Manager pointed out that the Minneapolis Park Board has purchased the north portion of Ryan Lake and surrounding property from Mr. & Mrs. Salitros on October 1 1984. He noted that a resolution regarding the detachment and annexation had already been passed by the City Council of the City of Minneapolis. He then proceeded to review a transparency of the property and stated that much of the property is under water or in a swampy area. He explained that a small portion of the property is usable if it is platted and could possibly hold a single house. He explained that the property has been purchased by the Minneapolis Park Board for park use only, and explained that the property is not accessible for services from the City of Brooklyn Center. He stated he is recommending passage of the resolution which would start the process and would bring the detachment and annexation before the Minnesota Municipal Commission. RESOLUTION NO. 84 -173 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION DETACHING PROPERTY FROM CITY OF BROOKLYN CENTER AND ANNEXING TO CITY OF MINNEAPOLIS 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following'voted against the same: none, whereupon said resolution was declared duly passed and adopted. CHARTER AMENDMENTS REGARDING EVEN YEAR ELECTIONS The City Manager explained that the proposed revision to the City Charter has been recommended by the City's Charter Commission, and he proceeded to review the adjustment of Council terms necessary to implement a change to even .year elections for municipal offices. He explained that the Charter Commission requested the recommended ordinance revisions not be brought before the Council until appropriate publicity on the recommended changes had been completed. He added that if a change is to occur it must be a unanimous vote by the City Council Mayor Nyquist recognized Mr. Donn Escher, Chairman of the City Charter Commission. Mr. Escher addressed the Council and explained that he has been on the Charter Commission for six years and that much of the recommended amendments to the Charter in the past have been of a housekeeping nature, but that the recommended revision to the City Charter before the Council this evening is a substantive change. He noted that the impetus for the change originated with citizens and election judges. He explained that in May of this year there was a unanimous vote of the Charter Commission for the change in the Charter presented this evening. He reviewed the publicity prepared for the proposed Charter change, and noted that in June the Brooklyn Center Post printed an article on the proposed changes to an even year election and also the City Manager's newsletter contained an article on the proposed change. Mr. Escher explained that, at the September 26, -1984 Charter Commission meeting, Charter Commission members were polled individually with regard to any comments they had received from the community in regard to the proposed Charter change. Essentially, he pointed out, there had been no comment from the community at large. He noted that he did receive personally a comment from a candidate for State office and a former City Council member that a certain group within the community had concerns regarding the proposed change. He pointed out that the City of 11 -19 -84 -6- , Minneapolis submitted a similar proposition to the voters at the last election and it passed. Mr. Escher then proceeded to review the voter turn -out from 1973 through 1984. He stated he believes the proposal submitted by the Charter Commission for even year elections is practical given the voting trend of the past few years, and cited the low voter turn -out for municipal elections in comparison to the even year State and Federal elections. He added that the Charter Commission has certain qualms about the extension of terms resulting from the change but such a change could not be implemented without the extension of terms. The City Manager stated that he had received no more than four phone calls regarding the proposed change and they dealt primarily with the extension of terms. He added that when he explained the reason that the terms had to be extended people calling understood the transition process. Mr. Escher noted that the Charter Commission debated whether both Council and Mayor should have the same term and the result is that they recommended the Mayor's term should be kept at two years, therefore, voters have the opportunity to change the Council every two y ears. Councilmember Hawes stated that the objections he has heard from a number of people are that if the elections are changed to even y ear elections local issues may be lost g Y Y in an even year election. Mr. Escher stated that he believes in even year elections the voter interest is greater than in off year elections. The Council continued its discussion of the proposed Charter revision and Councilmember Theis expressed a concern that because of the holiday season holding a public hearing in December may not be advisable. The City Manager suggested that perhaps January 14 or January 28 of 1985 be set for the public hearing date, if the Council approves the ordinance this evening. Councilmember Theis suggested that the date be January 28, and stated that the issue he wrestles with is that the current system works and the current length of terms at three years appears reasonable. The City Manager stated that without a unanimous vote the Charter Commission could request that the issue be put on the ballot or the change could be put on by petition. He pointed out there are many options in this issue. Councilmember Theis stated that he would want to give any groups concerned ample time to review the proposed revision. Councilmember Lhotka stated that he was in favor of the proposal as suggested by the Charter Commission. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending the Brooklyn Center City Charter and to set the public hearing on the ordinance and second reading for January 14, 1985. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to amend the public hearing date for the Ordinance Amending the Brooklyn Center City Charter to January 28, 1985. Voting in favor: Councilmembers Scott, Hawes, and Theis. Voting against: Mayor Nyquist and Councilmember Lhotka. The motion passed. i 11 -19 -84 -7- COUNCIL MEETING SCHEDULE FOR 1985 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the Council meeting schedule for 1985 as submitted by staff. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES Councilmember Hawes inquired why the food license was being issued to the Hennepin Technical Center in Brooklyn Center when the Center is located in Brooklyn Park. The City Manager stated that he believed the license was issued for an itinerant food license for a display conducted at Brookdale. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES LOT P.Q.T. Company 4007 58th Ave. N. CIGARETTE LICENSE B. C. American Legion Post 4307 70th Ave. N. Canteen Company of MN 6300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Cr. Pkwy. Country Club Market 5715 Morgan Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy., Minnesota Vikings Food Service 5200 W. 74th St. LaBelle's 5925 Earle Brown Dr. Northwest Microfilm 1600 67th Ave. N. Twin City Vending Co. 1065 E. Highway 36 Earle Brown Farm Ind. Park 6100 Summit Dr. Uncle Bob's Food Shop 6600 Lyndale ,Ave. N. Wes' Standard 6044 Brooklyn Blvd Yen Ching Restaurant 5900 Shingle Cr. Pkwy. COMMERCIAL KENNEL LICENSE Brooklyn Pet Hospital 4902 France Ave. N. COURTESY BENCH LICENSE U.S. Bench Corporation 3300 Snelling Ave. ITINERANT FOOD ESTABLISHMENT LICENSE Hennepin Technical Centers 9000 77th Ave. N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Ave. N. Country Club 5715 Morgan Ave. N. Super America Stations 6545 W. River Road Super America Stations 1901 57th Ave. N. RENTAL DWELLING LICENSE Initial: 11 -19 -84 -8 James & Yvonne Lyons 5303 Emerson Ave. N. Arthur & LaVonne Cahill 4715 France Ave. N. Arvey & Penny Rice 7208 Fremont Ave. N. Dale & Rose Ketelboeter 4207 Lakeside Ave. #338 Daniel & Georgette Kitchin 5601 Logan Ave. N. Matthew & Kelly Guzik 7009 Unity Ave. N. Wallce & Dorothy Arneson 3513 53rd P1. Diane & Eugene Wright 4408 69th Ave. N. Renewal: Gary Lyons Humboldt Court Harrington Properties Hi Crest Apartments (Humboldt Ave.), Kenneth L. Bergstrom Hi Crest Apartments (67th Ave. N.) Edstrom Associates Twin Lake North Apartments Randall B. Cook 5347 Brooklyn Blvd. David Jensen & Gordon Wellens 5501 Brooklyn Blvd. Ronald L. Nyberg 5301 Dupont Ave. N. James & Wanda Storie 5339 Emerson Ave. N. Jerry Tyson & Randall Tyson 5137, 39 France Ave. N. Patrick Menth 5302 Fremont Ave. N. Dennis F. Deering 5409 Fremont Ave. N. Thomas & LaDonna Pfingsten 6706 Grimes Ave. N. Peter & Joan Neururer 6737, 43 Humboldt Ave. N. Robert J. Beugen 7001 Humboldt Ave. N. Aquila Partners 5407 Lyndale Ave. N. Mr. & Mrs. John W. Schroeder 5312 Oliver Ave. N. Allan & Vicki Olson 7111 Riverdale Road Duane L. Christiansen 5400 Sailor Lane Mrs. Paul Enge 4748 Twin Lake Ave. Tom Castle 5256 E. Twin Lake Blvd. Richard Dawson 3955 69th Ave. N. Marlyn & Gayle Kruse 2101 71st Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. REPORT ON COST OF 1984 FIREWORKS DISPLAY The City Manager explained that the amount required by the Earle Brown Days Committee for the fireworks display totals $3,200. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis 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 9:02 p.m. Deputy City Clerk Mayor 11 -19 -84 -9- 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 3, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 P.M. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Administrative Assistant Brad Hoffman, Fire Chief Ron Boman, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted Councilmember Lhotka would be absent from this evening's' meeting. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. There were none. APPOINTM TO EARLE BROWN FARM DEVELOPMENT ADVISORY COMMITTEE ere was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Don Peterson, member of the Park & Recreation Commission, Ed Eide representing CEAP, Jim Norwick representing District 286 Community Education, and Phil Cohen, member of the Housing Commission, to serve on the Earle Brown Farm Development Advisory Committee. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 84 -174 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY 1 1985 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: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -175 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING MUNICIPAL STATE AID STREET CONSTRUCTION POLICY 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: none, whereupon said resolution was declared duly passed and adopted. 12 -3 -84 -1- RESOLUTION NO. 84 -176 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF TWO SNOW BOX INSERTS 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: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -177 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 14 FOOT ALUMINUM STEP VAN 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: none, whereupon said resolution was declared duly passed and adopted, LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the following list of licenses: CHRISTrAS TREE SALES LOT Twin Cities Youth for Christ Daytons Home Store CIGARETTE LICENSE Bill's Vending Service -7317 W. Broadway Brooklyn Center Getty 6245 Brooklyn Blvd. Brooks Superette 6800 Humboldt Ave. N. Budgetel 6415 James Circle Holiday Inn 1501 Freeway Blvd Ideal Drug 6800 Humboldt Ave. N. Marc's Big Boy 5440 Brooklyn Blvd. Red Owl Country Store 3600 63rd Ave. N. Super America 6545 W. River Rd. Super America, 1901 57th Ave. N. Theisen Vending 3804 Nicollet Ave. S. Chuck Muer's 2101 Freeway Blvd T. Wrights 5800 Shingle Cr. Pkwy. Thrifty Scot 6545 James Circle Bill West 76 2000 57th Ave. N. Twin City Novelty 9549 Penn Ave. S. Chuck Wagon Inn 5720 Morgan Ave. N. Woodside Enterprises 2500 Nathan Lane Baker's Square 5601 Xerxes Ave._ N. COMMERCIAL KENNEL LICENSE Snyder Brothers Brookdale Center 12 -3 -84 -2- GASOLINE SERVICE STATION LICENSE Brooklyn Center City Garage 6844 Shingle Cr. Pkwy. Brooklyn Center Getty 6245 Brooklyn Blvd. Brooklyn Center Post Office 6848 Lee Ave. N. Christy's Auto Service 5300 Dupont Ave. N. Federal Lumber 4810 N. Lilac Dr. Howe, Inc. - 4821 Xerxes Ave. N. Humboldt Avenue Service 6840 Humboldt Ave. N Inter City Oil 6300 Brooklyn Blvd. Super America 6545 W. River. Rd. Super America 1901 57th Ave. N. Uncle Bob's Quik Six 6600 Lyndale Ave. Wes' Standard Service 6044 Brooklyn Blvd. Bill West Service Center 2000 57th Ave. N. LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Blvd. Marc's Budgetel 6415 James Circle Riverside Motel 60 L dale Ave. N. 8 Lyn dale Thrifty Scot Motel 6445 James Circle POOL TABLE LICENSE Holiday Inn 1501 Freeway Blvd. PUBLIC DANCE LICENSE Holiday Inn 1501 Freeway Blvd. SINGHANGERS LICENSE Kaufman Sign Co. 315 N. Washington SWIMMING POOL LICENSE European Health Spa 2920 County Road 10 TAXI CAB LICENSE Yellow Cab 127 1st Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting j against: none. The motion passed. INVOCATION The invocation was offered by Father O'Connor of St. Alphonsus Catholic Church. APPROVAL OF MINUTES - OCTOBER 15, 1984 There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of October 15, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott and Hawes. Voting against: none. The motion passed. Councilmember Theis abstained from voting as he was not present at the October 15, 1984 meeting. APPROVAL OF MINUTES - NOVEMBER 5, 1984 There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the minutes of the City Council meeting of November 5, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 12 -3 -84 -3- PRESENTATION OF RESOLUTION OF APPRECIATION AND RECOGNITION TO MARY SIMMONS Mayor Nyquist presented Mary Simmons, former member of the City's Planning Commission, a plaque containing a resolution expressing the Council's recognition of and appreciation for her public service as a Planning Commission member.- Ms. Simmons acknowledged the Council's recognition and commented that her term on the Planning Commission was very gratifying and she did enjoy working on the Commission. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Granting Final Approval of Refunding of Brookdale Office Park Partnership Project (Brookdale Office Crossings). Councilmember Theis questioned why the project dollar amount is outside the limits of the IRB's. Ms. Marcia Cohodes responded to Councilmember Theis' question and explained that the project falls under the capital expenditure limitation but does not apply to the overall City limitation on IRB's established by Congress. She noted that the old IRB regulations stipulated that the applicants had a $10,000,000 cap on projects. Councilmember Hawes questioned whether the City would incur any liability since paragraph 1.6 of the resolution on page three stipulates that the bonds will be issued by the City. Ms. Marcia Cohodes of Miller & Schroeder explained that if the company defaults on the bonds the City would not be liable. She explained the IRB program is set up so the City's name appears on the bond but the City is only the conduit for the loan and does not back bonds with its full faith and credit. The Council continued it's discussion of the refunding process. RESOLUTION NO. 84-178 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION OF THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, AUTHORIZING THE ISSUANCE OF $3,360,000 TOTAL AUTHORIZED PRINCIPAL AMOUNT CITY OF BROOKLYN CENTER, MINNESOTA FLOATING RATE DEMAND COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (BROOKDALE OFFICE PARK PROJECT), SERIES 198i4AND APPROVING THE FORM THEREOF AND AUTHORIZING THE ,EXECUTION OF NECESSARY DOCUMENTS RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following' voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS STAFF REPORT ON COMPARABLE WORTH The City Manager explained that representatives from approximately 80 cities will be meeting tomorrow to discuss a joint Comparable Worth study which would comply with State law requiring municipalities to prepare such a study. He explained that the rationale for the joint study is that it would establish a better comparison of various jobs and- also would enable the City to take advantage of an economy of scale by involving more cities in the project. He stated that he would like to get the Council's opinion on this approach and to respond to any questions the Council may have regarding the Comparable Worth study. Councilmember Theis commented that with regard to the State Statute he believed that the 70% figure used for female dominated versus 80% figure used for male dominated 12 -3 -84 -4- job classes does not make sense. The City Manager pointed out that he believes there is some explanation in the statute for these figures and that he would follow- up and report back. At the request of Councilmember Theis, the City Manager reviewed the process used for selecting a firm to do the study. He explained that the cities recommended Control Data Corporation, primarily, because they provided the best compliance with State law and also all three finalists would essentially do the study the same way, but Control Data Corporation had a product which seemed most beneficial to municipal use and would be most beneficial since Control Data Corporation proposes to study all jobs not just bench mark positions. Also, he pointed out, Control Data Corporation has software which the cities may use which would enable municipalities to update the study from time to time. The City Manager then reviewed the process to be used for the Comparable Worth study as proposed by Control Data Corporation. He explained the process consisted of approximately ten steps and essentially involves developing a questionnaire used to gather information from which computer generated position descriptions for each job will be prepared. Other steps involved assigning values to the various tasks used to generate position descriptions, combining the results of the completed questionnaires with task values to determine job values, collecting and analyzing wage and benefit data from public and private sector labor markets, and analyzing the relationships among the various job values, current pay rates and market data. The City Manager continued his review of the Comparable Worth legislation and, noted possible problems in light of collective bargaining agreements and possible problems, including the fact that an arbitrator cannot alter the evaluations established by the Comparable Worth study. In conclusion, he stated he believes f the Control Data Corporation proposal offers the greatest flexibility and detail for the study. Councilmember Scott commented that she believes the finished product wi h this firm will be most workable since every job will be evaluated not just bench mark positions. RESOLUTION NO. 84 -179 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR A COMPARABLE WORTH STUDY 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:' none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSAL TO UNDERTAKE AND FINANCE A SINGLE FAMILY HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES CHAPTER 462C The City Manager explained that the Single Family Bond issue is similar to the one done for the Brookwood Project. Administrative Assistant Hoffman reviewed the options for the Mortgage Revenue Bond Program, noted that the money can be targeted to a specific neighborhood and that this possibility will be reviewed by the City's Housing Commission. Councilmember Theis inquired whether there were any problems if all the funds are not placed. Administrative Assistant Hoffman noted that in the last issue the 12 -3 -84 -5- i City's upfront money, consisting of origination fees, etc., was approximately $70,000 and that he did not believe there would be any problem with another similar program. Mayor Nyquist opened the meeting for the purpose of a public hearing on a proposal to undertake and finance a Single Family Housing Program Pursuant to Minnesota Statutes Chapter 1462C. He 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 Scott and seconded by Councilmember Hawes to close the public hearing on a proposal to undertake and finance a Single Family Housing Program Pursuant to Minnesota Statutes Chapter 462C. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis stated that he believed the project was well worth the risk for providing these types of funds for housing opportunities in Brooklyn Center.` RESOLUTION NO. 84 -180 Member Rich Theis introduced the following resolution and moved its adoptions RESOLUTION ADOPTING THE 1985 SINGLE FAMILY REVENUE BOND PROGRAM FOR THE CITY PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C 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: none, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 7:51 P.M. Deputy City Clerk Mayor 12 -3 -84 -6- CERTIFICATION OF MINUTES RELATING TO $8,100,000 Commercial Development Revenue Bonds (Brookdale Two Limited Partnership Project) Issuer: City of Brooklyn Center, Minnesota Governing Body: City Council Kind, date, time and place of meetings A regular meeting, held on December 17, 1984, at o'clock P.M., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, APPROVING THE ISSUANCE AND SALE OF $8,100,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (BROOKDALE TWO LIMITED PARTNERSHIP PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved b the governing body at said meeting, so far as the PP Y 9 9 Y g, Y relate to said bonds and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of December, 1984. Signature (SEAL) Gerald G. Splinter, City Manager -Clerk Member introduced the following resolution and moved its adoption: RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, APPROVING THE ISSUANCE AND SALE OF $8,100,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (BROOKDALE TWO LIMITED PARTNERSHIP PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO BE IT RESOLVED by the City Council (the Council) of the City of Brooklyn Center, Minnesota (the Municipality), as follows: Section 1 . It is hereby found, determined and declared as follows (A) Under Minnesota Statutes, Chapter 474, as amended (the Act), the Municipality is authorized and empowered to issue revenue bonds to finance all or any part of the costs of acquisition, construction and equipping of projects, and to refund revenue bonds previously issued for such purpose, and to enter into "revenue agreements" with "contracting parties" (as defined in the Act) providing for the prompt payment by the contracting P arty of principal of and interest on the revenue bonds when due. (B) A preliminary resolution proposing the - issuance of revenue bonds in an amount not to exceed $9,885,000 to finance the cost of the acquisition, construction and equipping of a 116,000 square foot office building (the Project) in the Municipality on behalf of Brookdale Two Limited Partnership, a Minnesota.limited partnership (the Company), was adopted January 9, 1984. The Project has been approved by the Minnesota Department of Energy and Economic Development as required by the ,Act. (C) The issuance and sale of $8,100,000 Commercial Development Revenue Bonds (Brookdale Two Limited Partnership n d P lit. p ro�ect) (the Bonds) by the Municipality the financing of the Project pursuant to the Act will serve the public interest by g expandin the commercial tax base and employment opportunities in the Municipality and the Municipality hereby determines to issue the Bonds and to sell the Bonds to Juran & Moody, Inc., St. Paul, Minnesota (the Underwriter), as provided herein. Said sale will be pursuant to the terms of a Bond Purchase Agreement, a draft of which has been submitted to the Council, a Preliminary Official Statement, dated November 26, 1984, and a final Official Statement, a copy of each having also been submitted to the Council. The proceeds of the Bonds will be lent (the Loan) by the Municipality to the Company in order to finance the acquisition, construction and equipping of the Project, including the retirement of certain Commercial Development Revenue Bonds (Brookdale Corporate Center Project) of the Municipality, dated April 1, 1981, issued to finance acquisition of the land upon which the Project will be located and outstanding in the principal amount of $775,000. (D) Pursuant to a Mortgage Loan Agreement to be dated December 1, 1984 (the Loan Agreement), to be entered into between the Municipality and the Company, the Company agrees to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Bonds. In addition, the Loan Agreement contains provisions relating to the construction and completion of the Project, the payment by the Company of certain administrative and legal costs of the Municipality, the maintenance and operation of the Project, indemnification, insurance and other agreements and covenants which are required or permitted by the Act and which the Municipality and the Company deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the Council. (E) Pursuant to an Indenture of Trust to be dated December 1, 1984 (the Indenture), to be entered into between the Municipality and the First National Bank of Minneapolis (the Trustee), the Municipality pledges and grants a security interest in all of its right, title and interest in the Loan Agreement (except for certain rights for reimbursement of certain costs and expenses and for indemnification) to the Trustee. A draft of the Indenture has been submitted to the Council. (F) The Bonds will be special limited obligations of the Municipality. The Bonds shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the Municipality be subject to any liability thereon. No holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the Municipality to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Municipality. The Bonds shall not constitute a debt of the Municipality within the meaning of any constitutional or statutory limitation. i (G) As additional security for Bonds, the Company, pursuant to an Assignment of Rents and Leases to be dated December 1, 1984 (the Assignment of Rents), to be executed by the Company in favor of the Trustee, will assign to the Trustee all leases of, and rents from, the Project. A draft of the Assignment of Rents has been submitted to the Council. (H) As additional security for the Bonds, Northwestern National Life Insurance Company, a Minnesota corporation and a' general partner of the Company (WNL), will execute and deliver to the Trustee a Guaranty Agreement, dated December 1, 1984 (the Guaranty Agreement) whereby NWNL will guarantee payment of principal and interest on the Bonds when due and performance by the Company of its obligations under the Loan Agreement. A draft of the Guaranty Agreement has been submitted to the Council. Section 2 . In order to provide for the financing of the Project, the Municipality hereby authorizes the issuance of the Bonds in the principal amount of $8,100,000. The Bonds shall be in the form set forth in the Indenture, and shall mature in the years and amounts, bear interest at the rates and be subject to redemption and other terms as therein specified. The Bonds shall be sold to the Underwriter at a' price 'of $7,905,600, plus accrued interest, upon the terms specified in the Bond Purchase Agreement. Section 3 . The Loan Agreement, the Indenture and the Bond Purchase Agreement are hereby made a part of this resolution as fully as though set forth herein and are hereby approved in substantially the form presented to the Council. The Mayor and the Manager -Clerk are hereby authorized and directed to execute, acknowledge and deliver said documents on behalf of the Municipality with such changes, insertions and omissions therein as the City Attorney may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof. Section 4 . Distribution of the Preliminary Official Statement and Official Statement by the Underwriter is authorized but the Municipality has not participated in the preparation of the Preliminary Official Statement and Official Statement and assumes no responsibility for the accuracy or completeness thereof. Section 5 . The Mayor and the Manager- Clerk are hereby authorized and directed to execute and deliver such other documents and certificates as may be necessary or desirable to accomplish the issuance of the Bonds, subject to approval thereof by the City Attorney. Approved: Mayor ATTEST: Manager -Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and, upon vote being taken thereon, the following members voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. LeFevere 1Aler Kennedy O'Brien & I)rawz A Professional Asmwiaia)n 2000 First Bank Place west December 11, 1984 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Mr. Brad Hoffman Clayton L. LeFevere Administrative. Assistant Herbert P. Lefler City of Brooklyn Center J. Dennis O'Brien 6301 Shingle Creek Parkway John E.Drawz Brooklyn Center, MN 55430 David J. Kennedy John B. Dean Glenn E. Purdue Re: $8,100,000 Commercial Development Revenue Bonds, Richard J.Schieffer Series 1984 Charles L. LeFevere Herbert P. Lefler Ill (Brookdale II Limited Partnership) Jeffrey J. strand - City of Brooklyn Center, Minnesota Mary J. Biorklund John G.Kressel Dear Brad: Dayle Nolan Cindy L. Lavorato Michael A. Nash I have reviewed the final resolution and all of the Br ice LOT underlying documents in connection with the above issue J homson,Jr. and find that they are in proper form for consideration James M.Strommen b y y g the City Council at its meeting on-December 17th. Mary C. Nielsen Terry L. Hall Ronald H. Batty The bonds will be offered to the public by Juran & Moody, Inc. pursuant to an Official Statement and the pricing of the bonds is being undertaken this week with interest rates to be available at the time of the Council meeting. The bonds are secured by a mortgage on the project, an Assignment of Leases and Rents, and by a Guaranty given by Northwestern National Life Insurance Company. The bonds will be rated by Standard' & Poors and the underwriters expect an AA rating on the issue. The bands are issued for a term of 25 years but are subject to mandatory purchasing and a resetting of the interest rate at five year intervals beginning December 1, 1989. Youris very truly, David J. Kennedy DJKscaw �6 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION WHEREAS, on May 24, 1967, "an act relating to the Firemen's Relief Association of the City of Brooklyn Center; providing certain benefits for volunteer firemen and their survivors; authorizing tax levies; providing for the administration of the fund" was signed into law: and WHEREAS, on June 12, 1967, the City Council enacted Resolution No. 67 -189 approving the provisions of the act; and WHEREAS, the act provides, among other things, that the bylaws of the Fire Relief Association, and any amendments thereto, shall not be effective unless approved by the City Council of Brooklyn Center; and WHEREAS, on January 22, 1969, the City Council enacted Resolution No. 69 -38 approving the bylaws of the City of Brooklyn Center Fire Department Relief Association and, subsequent to that date, has approved amendments to the bylaws on March 30, 1970, February 25, 1974, May 22, 1978, January 26, 1981; and WHEREAS, Minnesota Laws of 1979, Chapter 201, superseded pension benefit maximums contained in Brooklyn Center's special legislation found in Laws of 1978, Chapter 683, and Laws of 1967, Chapter 815, and authorizes the City Council to set benefits within statutory maximums as set forth in Minnesota Statutes 79 -201; and WHEREAS, the membership of the Brooklyn Center Fire epartment Relief Association has initiated action to amend the bylaws of the Association to authorize increased benefits within statutory limitations; an WHEREAS, the City Council has considered the request for increased benefits and has determined that the increased benefits are to , be granted; and WHEREAS, the City Council has considered the request for the amend ments to the bylaws and has determined that they be made NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the bylaws of the City of Brooklyn Center Fire Department Relief Association are hereby amended as follows (the text of the amended bylaws will be attached to this resolution and be a part thereof.)'; RESOLUTION NO. Date Mayor _ ATTEST: Clerk r 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. E I DEPARTMENT . CITY OF t P, - OF ROO LYN FINANCE C ENTER i MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 12, 1984 SUBJECT: RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION. I have attached a resolution which, if adopted by the City Council, will approve amendments to the Brooklyn Center Fire Department Relief Association bylaws to allow pension benefit increases as authorized by the City Council when it adopted the 1985 Budget. The increases will be effective January 1, 1985, and basically will result in 20% pension benefit level increases to active firefighters as of January 1, 1985, and 10% pension increases to deferred pensioners, retired pensioners, and survivors. Respectfully submitted, Paul W. Holmlund PWH:ps f Attachment ,, •lir e .Soacetliucg 7fZ a�re J 12/17/84 BYLAWS THE CITY OF BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ARTICLE I. OFFICERS, TRUSTEES, AND COMMITTEES Section 1. Board of Trustees. The Board of Trustees shall be composed of the President, Vice- President, Secretary and Treasurer of this Association, and two trustees elected in the same manner as the officers of the Association. The Board of Trustees shall also include the Mayor, Clerk, and Fire Chief of the City of Brooklyn Center, who shall serve as ex- officio members. The ex- officio members shall not serve as officers of the Board of Trustees Section 2. Term. Each officer shall hold office for the term of two years and until the officer's successor has been elected and has qualified. Each elected trustee who is not an officer shall hold office for the term of two years, and such terms shall expire in alternate years. Section 3 . Election. Each officer and each elected trustee shall be a member of the Association. The Secretary and Treasurer shall be elected at the regular annual meeting, and the President and Vice - President shall be elected at the regular annual meeting in the alternate year. Section 4. Vacancies'. Vacancies in office or any other vacancy on the Board of Trustees shall be filled by appointment by the remaining members of the Board for the unexpired portion of the term. Section 5. Removals. Any officer or elected trustee maybe removed for cause at a special meeting of the members by a majority vote of those entitled to vote at an election of officers and trustees. No officer or trustee shall be removed unless written notice of the meeting at which removal is to be considered states such purpose. When an officer or trustee has been removed, new officers or trustees may be elected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected and have qualified ARTICLE II. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Duty. The President shall preside at all meetings of this Association , Y sign all checks drawn b the Treasurer for the payment of such sums of money as may from time to time be authorized by the Bylaws or as may be properly voted by the Board of Trustees, sign all certificates and notices requiring the President's signature to authenticate them, and have general supervision over the Association and its affairs. The President shall furnish a surety bond approved by and in an amount set by the Board of Trustees; the amount of bond required may be altered from time to time in the discretion of the said Board. Said bond shall be paid' for by the Association. -1- Section 2. Vice - President's Duty. The Vice- President shall assist the President and during the President's absence or disability perform the duties of the President. Section 3. Secretary's Duty. The Secretary shall give the required notice of all meetings of the Association and all meetings of the Board of Trustees. The Secretary shall notify each officer and each trustee of his or her election or appointment to office. The Secretary shall keep -a minute book noting therein the proceedings at all meetings of the Association and the Board of Trustees, and a membership roster listing the names and addresses of all members of the Association, together with the date when each member became or ceased to be such. The Secretary shall act as a custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be directed by the Board of Trustees In conjunction with the City Treasurer, the Secretary must in June of each year certify an estimate of the monies necessary to met actuarial requirements. The books, records and other materials in the custody of the Secretary shall be at all times subject to any lawful inspection. The Secretary shall, at each regular meeting of the Board of Trustees, make a report in writing of the proceedings of the last meeting, of the names of all persons who have become or ceased to be members since the Secretary's last report, and such other information as shall show the general condition of the Association. The Secretary shall turn over all monies received by the Secretary to the Treasurer within a period of ten days and shall obtain a receipt. Section 4. Treasurer's Duty. The Treasurer of the Association shall receive and safely keep all monies belonging to the Association, and disburse the same, only as directed, by check signed by the President and countersigned by the Treasurer. Under the direction of the City Treasurer, the Treasurer shall keep an account book in which the Treasurer shall enter all money transactions of the Association, including the dates and amount of all receipts and the source from which derived, and the dates and amounts of all expenditures with the payee and object. At each regular meeting of the Board of Trustees, the Treasurer shall make a report stating the names of all persons to whom benefits or pensions have been paid and the amount paid to each, the amount of money received since the last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, and the amount of money on hand and where the same is invested or deposited. The Treasurer shall examine all claims against the Association and ascertain and report to the Board of Trustees whether or not they are proper and correct before the allowance thereof by said Board The Treasurer shall furnish to the Secretary whatever information may be necessary for the maintenance of complete books and records by the Secretary, and shall perform such other duties as maybe directed by the Board of Trustees. Before entering upon the duties of office, the Treasurer shall furnish a sufficient surety bond approved by and in an amount set by the Board of Trustees consistent with the Articles of Incorporation and the laws of the State of Minnesota. The amount of bond required may be altered from time to time in the direction of the said Board. Said bond shall be paid for by the Association. -2- Section 5. Powers and Duties of Board of Trustees. The Board of Trustees shall have control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association, with full power and authority to carry out the objects and purposes of the Association as set forth in the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. Section 6. Compensation of Secretary and Treasurer. The compensation to be paid to the Secretary and Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting, subject to the approval of the City Council. ARTICLE III. FUNDS j Section 1. Deposits. Monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Section 2. Disbursements. No fund shall be disbursed for any initial service or survivor's benefits until after being reviewed by the City Treasurer. No disbursement of the funds of this Association shall be made except by checks signed by the President and countersigned by the Treasurer. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the members, no check shall be issued until such expenditure has been approved by the Board of Trustees. Section 3. Funds. All funds received by this Association from taxes levied by the City Council of Brooklyn Center for Fire Department relief, all funds received from the gross premiums tax levied by the State on fire insurance and related insurance policies, and all funds or property donated, granted or devised to this Association for the benefit of this fund, or transferred to said fund, shall be kept in the fund on the Association books and shall be disbursed only for such purposes as may be authorized by the laws of the State of Minnesota. The fund shall be generally maintained and administered by the City Treasurer and Association Trustees. Section 4. Annual Report. The Secretary and Treasurer of the Association, prior to the first day of February in each year, shall jointly prepare and sign, with the approval of the Association's Board of Trustees, a detailed and itemized report of all receipts and expenditures for the preceding calendar year, showing the source of such receipts, and to whom and for what purpose the money has been paid and expended, and the balance of the fund. They shall file duplicate original copies thereof with the City Clerk and with the State Auditor. Section 5. Investments. To the extent that they are not required for current operating expenses, the monies of this Association shall be invested by the Board of Trustees in such income- paying properties and securities as may be authorized by law.[and approved by the City Council of the City of Brooklyn Center.] _ Section 6. Custody of Funds or Dissolution. In case this Association be discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new treasurer, the funds shall be paid to the City Treasurer to be held in trust by the City Treasurer and paid out only in accordance with the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota, -3- ARTICLE IV. MEMBERSHIP. Section 1 Membership. All members of the Brooklyn Center Fire Department shall be members of the Association. Section 2. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a member of this Association from and after the date of the adoption of these Bylaws. All members shall retire from the Association according to the provisions of Section 5 -1102 d of the City Ordinances. Section 3_. Termination of Membership. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. ARTICLE V. MEETINGS Section 1. Meetings of the Board of Trustees. Regular meetings of the Board of Trustees shall be held at such times and places as are designated by said Board. Notice of such meetings shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by making a request therefor to the Secretary, who shall notify all members of the Board of the time, place and purpose of the meeting at least 24 hours in advance Section 2. Annual Meeting. The annual meeting of this Association shall be held on the second Monday of December of each year, except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all members at least five days in advance. Section 3. Special Meetings. Special meetings of the members may be called at any time upon the written order of the President and one other member of the Board of Trustees, or of five members of this Association. The Secretary shall give written or telephone notice to each member of the Board of Trustees and each member of this Association entitled to vote of the time, place and purpose of such meeting at least three days in advance. Section 4, Quorums. A majority of the members of the Board of Trustees shall constitute a quorum for the transaction of any business at meetings of the Board and one half of the members of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of any application for benefits and five affirmative votes shall be necessary for trustees' approval of investments. A number less than - a quorum may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. Section 5. Order of Business. At the annual and at all special meetings the order of business shall be as follows: (a) Call to order (b) Roll call (c ) Reading f minutes previous evious m tin g meetings P g (d) Secretary's report (e) Treasurer's report (f) Committee reports (g) Unfinished business (h) New business (i) Adjournment -4- Section b. Voting. Each member in good standing shall be entitled to one vote upon any matter voted upon by the membership. Cumulative voting and voting by proxy shall not be permitted. ARTICLE VI. BENEFITS Section 1. Definitions. For the purpose of these Bylaws the terms defined in this section shall have the following meanings ascribed to them; (1) "Member" means a person who is currently enrolled as an active firefighter in the Brooklyn Center Volunteer Fire Department, and who belongs to the Brooklyn Center Fire Department Relief Association. (2) "Retired member" means a former member (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such Fire Department of 20 years or more, although such service need not be continuous; and (c) who has reached the age of 50 years or more; and (d) who has retired after December 31, [19803 1984 (3) "Early retired member" means a former member (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who had an active period or periods of service in such Fire Department of more than 10 years, but less than 20 years, although such service need not be continuous; and (c) who has retired after December 31, [19801 1984 (4) "Deferred pensioner" means a former member (a) who has separated from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) 'who has had an active period or periods of service in such Fire Department of 20 years or more, although such service need not be continuous; and (c) who has not reached the age of 50 years or more; and (d) who has separated after December 31, [19803 1984 (5) "Previously retired member" means any retired member, early retired member, or deferred pensioner who separated from the Fire Department of the City of Brooklyn Center, Minnesota prior to January 1, 119801 1985 -5- (6) "Surviving spouse" means the surviving husband or wife of a member, retired member, a deferred pensioner, or an early retired member who was living with the firefighter as husband or wife during the time the firefighter was on active duty in the Fire Department of the City of Brooklyn Center, Minnesota, and in the case of a retired member, a deferred pensioner, or an early retired member, who was married to the firefighter three or more years before the firefighter left active duty with the Fire Department. The term "surviving spouse" shall not include a surviving spouse who was not legally residing with the member, retired member, deferred pensioner, or an early retired member at the time of the firefighter's death. 4 (7) "Surviving child or children" means a member's, retired member's, early retired member's, or a deferred pensioner's child or children under the age of 18 years, and who were living while the deceased member, retired member, early retired member, or deferred pensioner served on active duty with the City of Brooklyn Center Fire Department or who were born within nine months after the deceased member, retired member, early retired member, or deferred pensioner was withdrawn from active duty on the Fire Department. All leaves of absence or suspension shall be excluded in computing the period of service. (8) "Length of service" for the purpose of determining benefits means the total time served from the date of appointment as a probationary member of the Brooklyn Center Fire Department to the date of separation from the Department for those persons separated after January 31, 1974 For those persons separated prior to February 1, 1974, "length of service" for the purpose of determining benefits means the total time served from the date of appointment as a regular member of the Brooklyn Center Fire Department to the date of separation from the Department. Section 2. Service Pensions. Upon approval of the application therefor, a service pension of [$250] $300 per month shall be paid to each retired member during the remainder of his or her natural life. In the discretion of the Board of Trustees a sum not exceedling [$12.501 $15 per month for each year of active service over 20 in the Fire Department of the City of Brooklyn Center, Minnesota, may be added to this amount, but in no event shall the total amount paid per month exceed the sum of [$312.50] $375 Effective January 1, [ 1981 1985 the service pension for a` previously retired member shall be increased by [thirty three and one - third per cent] ten per cent. A member who is otherwise qualified for a service pension but who has not reached the age of 50 years may retire from the Department without forfeiting the member's right to such pension. Upon the application of such member, the member shall be placed on a deferred pension roll as a deferred pensioner and shall be entitled to receive said service pension upon reaching the age of 50 years and making application therefor. Upon the request of a retired member and approval of the Board of Trustees, the said service ension may be aid ' a lump sum which shall be an amount which is P y P 1 n � 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. Said lump sum payment shall be in lieu of all rights to further service pension, surviving spouse's benefits and children's benefits. -6- Section 3. Spouse's Benefits. Upon the death of a member, the sum of 250.00T per month shall be paid to the surviving spouse, if any, during the remainder of the spouse's natural life or until the spouse remarries in which event this pension shall terminate as of the date of the remarriage. Upon the death of a retired member, a deferred pensioner, or a previously retired member, the surviving spouse, if any, shall, during the remainder of the spouse's natural life or until the spouse remarries, receive a monthly benefit equal to the benefit earned by the member at the time of the member's death. Persons being paid a spouse's benefit on December 31 [ 19801 1984 shall receive a monthly benefit increase of [thirty three and one -third per cent] ten per cent Section 4. Children Benefits. (1) Upon the death of a member, who is survived by a spouse and children, the sum of 25 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the monthly base pension per month. Upon the death of a retired member, a deferred pensioner, or a previously retired member who is survived b a spouse and children the sum of 2 Y p � 5 er p cent of the monthly service r r y i e pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the member's earned monthly service i pension. (2) Upon the death of a member, who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per of the monthly base service pension per month shall be paid on behalf of each surviving child, if any, until each respective child reaches the age of 18 years. In no event shall the total payment to the aggregate of the surviving children under the age of 18 years exceed 200 per cent of the monthly base pension per month. I Upon the death of a retired member, a deferred pensioner, or a previously retired member who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child, if any, until each respective child reaches the age of 18 years. In no event shall the total payment to surviving the aggregate of the r the g of 18 years i 1 a e en under exceed: g childr 200 per cent of the member's earned monthly service pension. (3) Persons being paid a children's benefit on December 31, [19801 1984, shall receive a monthly benefit increase of [thirty three and one -th� a] ten per cent. -7- Section 5. Funeral Benefits. In addition to the other benefits provided herein, the sum of $1,700.00 $2,500 shall be paid to the surviving spouse or representative of the estate of any deceased member, retired member, previously retired member, or deferred pensioner to help defray funeral expenses. Furthermore, the sum of $500 shall be paid to the spouse or representatives of the estate of former member Torphin E. Johnson, whose membership was severed by virtue of reaching the maximum age limitation prior to achieving 20 years of service and prior to the enactment of the Brooklyn Center Fire Department Pension Law of 1967• Section 6. Early Retirement or Severance. (1) Upon application therefor, an early retired member who has performed service in the Fire Department of the City of Brooklyn Center for more than 10 years, but less than 20 years, when the firefighter's position is eliminated or the firefighter becomes physically or mentally disabled so as to be incapable of performing service in the Department, or when the firefighter resigns in good standing from the Department, shall be paid a monthly service pension commmencing when the firefighter reaches the age of 50 years, the amount of said service pension to bear the same ` proportion to the amount of the pension the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years of service, or alternatively, may be paid a lump sum service benefit after the firefighter has reached the age of 50 years, which service pension shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. The provision of this subdivision (1) shall apply retroactively to any such early retirement effected after June 12, 1967; provided, however, that benefits shall not be paid retroactive from February 15, 1968. (2) Upon application therefor, a surviving spouse's benefit, children's benefit and funeral benefit shall be paid pursuant to the provisions of Section 3 and 4 in respect of an early retired member who had performed service in the Fire Department of the City of Brooklyn Center, Minnesota, for more than 10 years but less than 20 years, when the firefighter's position was eliminated or the firefighter became physically or mentally disabled so as to be incapable of performing service in the Department, or when the firefighter resigned in good standing from the Department; the amount of such benefits the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years service. The provisions of this subdivision (2) shall apply only to such early retirement effected subsequent to June 12, 1967; provided, however, that benefit payments shall not be paid retroactive from February 15, 1968. Section 7. Payments Exempt. No payments of benefits made or to be made by the Association as provided herein shall be assignable or subject to judgment, garnishment, execution or other legal process. ARTICLE VII. APPLICATION FOR BENEFITS Section 1. Form. All applications for benefits shall be made in writing on forms supplied by the Secretary. -8- Section 2. Application for Pensions. All applications for pensions shall be submitted to the Board of Trustees at a regular meeting or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (a) The age of the applicant; (b) The period of service in and the date of retirement from the Fire Department of the City of Brooklyn Center, Minnesota; (c) The length of time the applicant has been a member of this Association; and (d) Such other and further information as the Board of Trustees may require. Every application for a pension or other benefits afforded any member of the Brooklyn Center Fire Department Relief Association by law or by these Bylaws shall be made to the Board of Trustees of the Brooklyn Center Fire Department Relief Association within six months of the day upon which the member, retired member, early retired member, previously retired member, or the surviving spouse, or the surviving children of a member, retired member, early retired member, previously retired member, or deferred pensioner first became entitled to receive a pension or benefit pursuant to law or these Bylaws. The election by retired member, early retired member, or previously retired member of a monthly service pension shall be waiver and release of the retired member's, early retired member's, or previously retired member's right to elect a lump sum pension and shall be binding upon the surviving spouse and children. Similarly, the election to receive a lump sum pension shall be a waiver and release of any right to elect a monthly service pension. Section 3. Approval of Applications. (a) No benefits or pensions shall be paid until the application therefor has been approved by the Board of Trustees. When consistent with applicable laws, decisions of the Board shall be final as to the payment of such benefits or pensions, and if the Board deems it for the best interest of the Association, it may suspend or reduce the amounts paid for benefits or pensions. No person receiving a pension shall be paid any other benefits by this Association except as otherwise specifically provided herein. (b) Leaves of Absence or Suspension. All leaves of absence or suspensions shall be excluded in computing the period of service. (c) All payments required or provided for by law, or by the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. ARTICLE VIII. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits. In the event that the services of all volunteer firefighters are discontinued, the volunteer division of the City of Brooklyn Center Fire Department is abolished, the volunteer firefighters who are members of the Association at the time of such discontinuance and abolition may be paid a service pension in a lump sum, in an amount of 35 per cent of the annual base service pension provided by these Bylaws for each year of active service rendered in the Fire Department of the City of Brooklyn Center prior to such discontinuance and abolition, except that members with 10 or more years of service shall have vested pension rights. -9- Section 2. Credit for Time with Volunteer Fire Department. In the event that the City of Brooklyn Center shall convert to a full -time paid Fire Department, and any volunteer firefighter should become a full -time firefighter, the firefighter's volunteer time shall apply towards the firefighter's retirement under the terms of the full -time retirement program of the City; provided, however, that benefits shall be determined on a pro rata so that volunteer benefits are paid for the time worked as a volunteer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid firefighter, ARTICLE IX. INCREASE IN BASIC PENSION Section 1. Amendment of Bylaws. In the event of the amendment of these Bylaws in a manner so as to increase or improve any pension or benefit described herein, then the retired members, early retired members, surviving spouses or surviving children who are at the time of the amendment receiving a pension or benefit pursuant to these Bylaws shall be entitled to the advantages afforded by such an amendment unless otherwise specifically provided in these Bylaws. The benefits of the Bylaws as approved by the City Council on January 22, 1969, shall be paid retroactively to February 15, 1968, insofar as surviving spouses or surviving children who are receiving benefits as of the effective date of these Bylaws. ARTICLE X. EFFECTIVE DATE Section 1. The effective date of these Bylaws shall be established as January 22, 1969. The effective date of the benefit changes contained in the amendments approved by the City Council on May 22, 1978 shall be July 1, 1978. The effective date of the benefit changes contained in the amendments approved by the City Council on January 26, 1981 shall be January 1, 1981. The effective date of the benefit changes contained in the amendments approved by the City Council on December 17, 1984 shall be January 1, 1985. Bylaws Approved by City Council Resolution No. 69 -38, January 22, 1969 Amendment Approved by City Council Resolution No. 70 -39, March 30, 1970 Amendment Approved by City Council Resolution No. 74 -36, February 25, 1974 Amendments Approved by City Council Resolution No. 78 -94, May 22, 1978 Amendments Approved by City Council Resolution No. 81 -29, January 26, 1981 Amendments Approved by City Council Resolution No. 84- 3 December 17, 1984 -10- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Section 7.08 of the City Charter does provide for the 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 1984 General Fund Budget as follows: 1. Transfer $58,500 from the Contingency Appropriation (Account No. 01 -4995- 000 -80) to the following departmental appropriations in the amounts shown: Legal Counsel (Department No. 18) $ 7,000, Street Construction (Department No. 42) 25,000 Health Regulation and Inspection (Department No. 51) 1,500 Community Center Programs (Department No. 66) 25,000 $ 58,500 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: Planning and Inspection Department (Department No. 33) $ 3,500 Parks and Recreation Programs: Adult Programs (Department No. 62) 25,000 Teen Programs (Department No. 63) 1,000 Children's Programs (Department No. 64) 5,000 General Programs (Department No. 65) 5,000 $ 39,500 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. DEPAR CITY OF OF 13 ROOKILYN FINANCE CEN TER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 14, 1984 SUBJECT: RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET I have attached a resolution which, if adopted by the City Council, will amend the 1984 General Fund Budget. This is the standard year -end resolution which increases the appropriations for those City departments which will otherwise over- expend their budgets There are four anticipated departmental deficits which can be covered by trans- ferring appropriations from the City's contingency account in the .unallocated departmental expense budget. They are: 1. Legal Counsel, $7,000: I have received estimates from the City Attorney's office for November and December legal fees. It appears, from their estimates, that this account will exceed the budgeted appropriations by this amount. 2. Street Construction, $25,000: it appears that the street materials and contracted seal - coating will exceed the budgeted appropriations by this amount. 3. Health Regulation and Inspection, $1,500: The Health Regulation and Inspection deficit is difficult to predict, g P since the program is administered by the City of Crystal. We have not received the fourth quarter billing, nor do we know at this time how much we will receive in matching con- tribution from Hennepin County. Our projected overage is based on the City of Crystal's estimate of the net fourth quarter expense. 4. Community Center Programs, $25,000: This projected deficit is a result of the underestimation of utility expense in the amount of $15,000 and building repair expense in the amount of $10,000. " SoHCetlei.rg �l aae ( • Gerald G. Splinter, City Manager December 14, 1984 Re: Amending General Fund Budget Page Two The Council appropriated $135,000 in the 1984 General Fund Budget Contingency Account to provide for unforseen expenses. To date, the following transfers have been made from the account by the Council: 1. Salaries for reorganization of Public Works employee positions (Resolution No. 84 -91) $ 13,536 2. Replace Civic Center Air conditioner compressor (Resolution No. 84 -131) 9,200 3. Total transfers out $ 22,736 After deducting the $22,736 in transfers shown above, there remains a contingency balance of $112,264, which is available for transfer to departmental appropriations by the Council. There are five anticipated departmental deficits which will be covered by ad- ditional revenues generated by the departmental activity. They are 1. Planning and Inspection, $3,500: This is for additional electrical inspector's fees over the budgeted amount for professional and consultants' fees. These additional fees will be completely covered by additional revenue from electrical permits issued. 2. Adult Recreation Programs, $25,000 3. Teen Recreation Programs, $1,000 4. Children's Recreation Programs, $5,000 5. General Recreation Programs, $5,000 i All of the recreation program over - expenditures (2 -5 shown above) will be covered by additional revenues received from the programs. (The City Budget authorizes over - expenditure in these programs if the programs are self- sustaining). Although these adjustments are necessary within certain departmental accounts, we will, in total, finish the calendar year 1984 well within budget. Respectfully submitted, Q ^'` W "ti�� " Paul W. Holmlund s PWH• •P DEPARTMENT CITY OF OF BB ROOKLYN FINANCE C ENTER 7 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 14, 1984 SUBJECT: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL SHARING FUND TO THE REVENUE NG GENERAL FUND N E I have attached a resolution which, if adopted by the City Council, would authorize me to reimburse the General Fund for expenditures for capital outlay during: the year which, in accordance with the 1983 and 1984 General Fund Budgets, is to be financed from Federal Revenue Sharing funds. As you know, capital outlay is initially paid for by the General Fund and the General Fund is eventually reimbursed by the Federal Revenue Sharing Fund. This resolution authorizes the reimbursement of the remainin g 1983 Budget expenditures which had not previously been reimbursed and all of the 1984 Budget expenditures to date. Respectfully submitted, QQ. t+J. Paul W. Holmlund PWH :ps Attachment Member introduced the following resolution and moved its adoption: RESOLUTION NO. L? RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make permanent transfers between all Funds which may be created, provided that such transfers are not inconsistent with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, on September 27, 1982, the City Council adopted Resolution No. 82 -192 which approved the 1983 Annual Budget for the City and encumbered Federal Revenue Sharing funds in the amount of $278,083 to be transferred to the General Fund subsequent to the expenditure of funds by the General Fund for appropriations in said 1983 Annual Budget; and WHEREAS, the City 'Council subsequently amended the 1983 Annual Budget and encumbered additional Federal Revenue Sharing funds as follows: Resolution No. 83 -137, September 12, 1983 in the amount of $2,600; and WHEREAS, on February 13, 1984, the City Council adopted Resolution No. 84 -17 which authorized reimbursements of expenditures made through that date in the amount of $248,025.40; and WHEREAS, certain expenditures have been made from the General Fund since those previously reimbursed, and that they are as follows: Voucher Divi- Vendor Purpose se Sion Amount Ve Date Number 1� -- - -- 12 -08 -83 342275 31 $ 679.70 La Belles Recorders 01 -23 -84 023674 34 199.00 Aims Media Training aids 01 -09 - 009726. 42 5,200.00 Minnesota State Prison Bituminous trailer s Popcorn 01 -09 -$4 009720 66 795.00 Midla nd Products ma chine 01 -23 - 023130 66 1 Fitness Store - Exercise machine $ 8,073.70; 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, the City Council subsequently amended the _1984 Annual Budget and encumbered additional Federal Revenue Sharing funds as follows: Resolution No. 84 -130, August 20, 1984 in the amount of $5,220, and Resolution No. 84 -164, November 5, 1984 in the amount of $459; and RESOLUTION N0. WHEREAS, certain expenditures have been made from the General Fund since those previously reimbursed, and they are as follows: Voucher Divi- Date Number sion Amount Vendor Purpose' - - - - -- - - -- --- - -- ----------- - ---------------------- 05- 135575 11 $ 418.00 Wahl & Wahl Pocket caddy 02 -13 -84 044575 13 1 Wahl & Wahl Dictaphone /Transcriber Typewriters _ Office Products ` �03 12 - 072380 13 3 297.00 0 YP 04 -09 -84 100046 13 1,712.70 Business Furniture Credenzas 04 -09 -84 100723 13 277.00 Todd Communication Monitor 04 -23 -84 114046 13 200.00 Business Furniture Paint credenzas 04 -23 -84 114046 13 152.00 Business Furniture Paint lateral file 05 -14 -84 135003 13 240.00 Acro - Minnesota Work station 03 -12 -84 072380 15 1 Office Products Typewriters 02 -13 - JV9 15 3.41 Business Furniture Rollout shelves 03 - 26 - JV71 19 200.00 Rouse Mechanical Air conditioner install. 04 -23 -84 JV71 19 198.00 Dale Tile Ceiling tile 're west fire station - i 04 -11 84 JV71 19 100.0 0 Stack El ectric W 01-11-84 011650 19 580.00 International Interior Carpet 03 -12 -84 072828 19 50.75 International Interior Carpet 02 -23 -84 054651 19 1,527.35 Greg Watson Remodel Quiet Room 04 - -84 110650 19 1,575.00 Century Camera Furniture 01 -24 -84 024662 19 251.75 Al's Bloomington Vac. Vacuum 01 -24 -84 024090 19 471.55 Crystal Electric Sander /grinder 02- -13 -84 044795 19 247.50 Diamond Vogel Paint Remodel Quiet Room 09 -10 -84 254696 19 2,055 Eagan & Sons Co. Air conditioning 12 -10 -84 345090 19 160.65 Crystal Electric Buffer 02 - -84 044654 19 4,743.90 Gravely 10 -09 -84 283770 19 481.73 C&H Distributors Safety storage cabinet 05 -14 -84 JV86B 31 71.25 Acro Adroit Storage module 02 -13 -84 044575 31 470.25 Wahl & Wahl Dictaphone /transcriber 03 -12 -84 072380 31 1,648.50 Office Products Typewriters 05 -29 -8 150046 31 279 .00 Business Furniture Secretary chairs 05 =29 - 150046 31 486 .75 Business Furniture. Lateral files 06 -25 -84 177340 31 682.00 3M Printer- 06 -25 -84 177003 31 221.25 Acro- Minnesota Computer table 06 -25 -84 177669 31 131.59 Black Box Corp. Passive /loop interface 07 -23 -84 205039 31 148.00 Brown Photo Camera /case 03 -26 -84 086671 31 300.00 Mad Crafts, Inc. Pia dolls 04 - -84 114753 31 89.95 West Photo Processor Training Canine - 1 00.00 City of Minneapolis 05 14- .84 135053 3 5 y g 08 -13 -84 226654 31 243.00 Sears Refrigerator 08 -13 -84 226653 31 10,266.00 Polar Chevrolet 1984 police car 08 -13 -84 226653 31 10,266.00 Polar Chevrolet 1984 police car 08 -13 -84 226653 31 10,266.00 Polar Chevrolet 1984 police car 05 -14 -84 135003 32 203.18 Acro - Minnesota Cabinet 04 -09 -84 100657 32 149.95 Osseo Vac Supply Vacuum cleaner 05 -14 -84 135102 32 1,137.00 Elvin Safety Air storage tank 07 -09 -84 191308 32 3 9 954.00 Mid Central Fire Miscellaneous equipment 09 -10 -84 254158 32 19.99 Genunine Parts Swivel eye /anchor 09 -10 -84 254158 32 44.74 Genuine Parts Swivel snaps /anchor 4 09 -24 -84 268788 32 1,948.95 Northland Divers Diving equipment 10 -09 -84 283321 32 557.00 Minnesota Fire Fire extinquisher 11 -26 -84 331650 32 646.96 Brooklyn Center Fire Slide projector } RESOLUTION _ 110 Voucher Divi- Date Number sion Amount Vendor Purpose -- - - - - -- - - - - - --- ------- - - - - -- 05 -29 -84 150652 32 - 7, ----- 027.00 Boston Whaler Boat 05 -29 -84 150652 32 206.00 Boston Whaler Cooler kit 07 -09 - 191689 32 1 Minnetonka Boat Works Boat trailer 07 - -84 1.91689 32 20.88 Minnetonka Boat Works Install cooler seat 07 -09 -84 191689 32 151.15 Minnetonka Boat Works Prep. of boat /motor 07 -09 -84 191689 32 10.80 Minnetonka Boat Works Gas /oil 07 -09 -84 191689 32 3,904.00 Minnetonka Boat Works 70 HP motor 07 - -84 205660 32 393.00 Small Engine City Boat generator 09 -10 - 254158 32 46.95 Genuine Parts Lite /spotlight 10 -09 -84 283685 32 160.00 Daco Kostal Sign Fire engine /boat lettering 05 -29 -84 150046 33 -50.00 Business Furniture Credit memo 05 -29 -84 150046 33 232.65 Business Furniture File cabinets 05 -29 -84 150046 34 240.35 Business Furniture 2 drawer file 03 -26 -84 086677 35 111.54 Robbinsdale Farm Store General cage 02 -28-84 059204 35 8 Iten Chevrolet 1984 truck 03 - - 086722 35 619 .95 Niemeyers Camper top 06 -25 - 177663 41 498.14 Denominator Co. Traffic counters 02 -27 -84 058006 41 35.00 Albinsons Repair Theodolite 02 -27 -84 058006 41 200.89 Albinsons Chain tape /reel /rod 03 - - 087327 41 855 .00 Motorola Mobile radio 05 -14 -84 135702 42 220.00 Mickman Bros. Nursery Trees 06 -08 -84 160699 42 368.00 Mickman Bros. Nursery Trees 11 -13 - 318674 42 1,195 Minn. Valley Wholesale Trees 03 - - 086660 42 7 ,995 .40 Tennant Co. Router 01 -24 -84 024300 42 31,710.00 Mac Queen Equipment Sidewalk plow 03 - 26 - 086289 42 2.53 Lowells Battery bolts 03 -26 -84 086724 42 20.44 Pioneer Rim & Wheel Spring 03 -26 -84 086724 42 5.90 Pioneer Rim & Wheel Frame coupler 03 -26 -84 086724 42 45.08 Pioneer Rim & Wheel Jacks 04 -09 -84 100158 42 3.63 Genuine Parts Starter solenoid 04 -09 -84 100158 42 2.25 Genuine Parts Clamps 04 -09 -84 100289 42 6.87 Lowells Fan belt 04 -09 -84 100357 42 90.41 Northern Auto Alternator /pulley /choke 04 -09 -84 100357 42 2.01 Northern Auto Battery hold down 04 -09 -84 100667 42 5.14 Industrial Supply Bushing 04 -09 -84 100158 42 8.10 Genuine Parts Switch 04 -09 -84 100585 42 28.09 Williams Hardware Sheet Metal 04 -09 - 100750 42 11.34 Teledyne Total Power Kit car. repair /muffler 06 -25 -84 177158 42 26.46 Genuine Parts Hour meter 02 -13 -84 044686 42 987.00 Itasca Equipment Hitch 03 -26 -84 086585 42 228.77 Williams Hardware Tube /floor plate /etc. 03 - - 086578 42 753 .25 Warning Lites, Inca Directional display 04 -09 -84 100008 42 7.50 American Steel Flat steep 02 -27 -84 058765 43 852.00 Bear Automotive Battery starter 02 -13 -84 044688 43 279.00 M &L Motor Supply Monitor 03 -26 -84 086450 43 637.03 Reeds Sales & Service Tool box (' 04 -09 - 100450 43 28.95 Reeds Sales /Service.- Divider /holder 4 08 -13 -84 226165 43 346.15 W.W. Grainger Vacuum �,0 10 -22 -84 296711 43 1,099.96 LOGIS Terminal 12 -10 -84 345360 4 3 109.40 Northwestern Bell Telephone 02 -27 -84 058575 61 209.95 Wahl & Wahl Answering telephone 03 -12 -84 072380 61 3,297.00 Office Products Typewriter 05 -01 -84 122651 61 1,200.00 Cragg Inc. Sign RESOLUTION NO. Voucher Divi- Date Number sion Amount Vendor Purpose - -- ---- -- --- ---- - - - - -- -------------- - - - - -- ------------------- 05 -29 -84 150046 62 $ 514.80 Business Furniture File cabinets 01 -24 -84 024669 62 279.36 Chester E. Groth Music stands 01 -24 -84 024736 62 133.00 Wenger Corp. Conductor's platform 11 -26 -84 331658 62 671.52 Sound of Music Record players 06 -25 -84 177651 62 254.92 Blumberg Audio Visual Tape recorder 07 -09 -84 191673 62 126.21 Blumberg Audio Visual Cassette player 02 -13 -84 044663 66 1,112.32 Rollin B. Child Tile 02 -13 -84 044663 66 89.55 Rollin B. Child Tile 02 -13 -84 044663 66 79.62 Rollin B. Child Tile 05 -14 -84 135671 66 3,245.00 Speciality Sales Toilet partitions 05 -14 -84 135665 66 400.00 Metal Specialties Install, partitions 04 -23 -84 114160 66 55.20 Goodin Co. Air vent 01 -24 -84 024663 66 1 B.C. Welding Co. Install diving board 01 -24 -84 024662 66 251.75 Al's Bloomington Vacuum Vacuum 01 -24 -84 024732 66 13,152.$0 Minnesota Playground Diving towers 04 -23 -84 114253 66 1,561.75 Kokesh Line markers 08 -27 -84 240458 66 1 Rouse Mechanical HVAC for exercise room 08 -27 -84 240130 66 301.00 Fitness Store Rowing machine 02 -13 -84 044674 66 958.00 B.C. Welding Modify diving board 06 -08 -84 160325 69 30,958.9 Minnesota Toro 7 gang tractor /mower 08 -27 -84 240459 69 5,975.00 Ruffridge - Johnson Water tank 03 -26 -84 086723 69 636.00 Osseo Sports Box scraper 04 -23 -84 114686 69 380.00 Scharber & Sons Draw bar /field harrow 06 -08 -84 160743 69 2,384.50 Hoiby Body Co. Renovate truck 03 -12 -84 072744 80 2,354.00 Tele- Terminal Printer 04 -09 -84 JV165 80 488.25 Acro- Minnesota CRT Stand /printer 01 -24 -84 024677 80 3,529.00 Friden Alcatel Mailing machine 04 -09 -84 100078 80 15.70 A.B. Dick Mimeo ink 04 -09 -84 100078 80 3,434.95 A.B. Dick Mimeo duplicator 04 -09 -84 100078 80 19.00 A.B. Dick Stylus 04 -09 -84 100078 80 311.55 A.B. Dick cylinder 03 -29 -84 089284 80 5 LOGIS Micro Computer 04 -10 -84 101078 80 347.45 A.B. Dick Cover /stencil /ink 05 -14 -84 135672 80 150.00 LOGIS Cabinet 05 -14 -84 135003 80 893.96 Acro- Minnesota Work station 11 -13 -84 318696 63 400.00 Peter Billiards Bumper pool table 04 -09 -84 100711 80 33.14 C &H Distributors Oily waste can 04 -09 -84 100711 80 356.41 C &H Distributors Cabinet /shelves 05 -29 -84 150650 80 46.52 ANR Freight, System Cabinet /shelves $227,818.43: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $235,892.13 from the Federal Revenue Sharing Fund to the General 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 folowing voted in favor { thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Mcmber introduced the following resolution and moved its " adoption: RESOLUTION NO RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1985 0 - - - - - -- -------------------------------------- - - - - -- ----- - - - - -- WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council has considered salaries and wages for the calendar year 1985 and has reviewed the 1985 Employee Position and Classification Plan; and WHEREAS, the 1985 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1985 Employee Position and Classification Plan provides for pay increases awarded for improvements in job performance; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1985 by adoption of the attached Position and Classification Plan (Schedules A through K) for the calendar year 1985 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1985 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January _1, 1985; and BE IT FURTHER RESOLVED that the City Council, in recognition that labor contract provisions are not as yet settled with the bargaining units represented by L.E.L.S. Local No. 82 and International Union of Operating Engineers No. 49, extends 1984 wage and salary rates for related job classifications in the Police and Public Works Departments respectively. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following r voted in favor thereof: ; and the following voted against the same: - whereupon said resolution was declared duly passed and adopted. M & C NO. 84 - December 14, 1984 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: 1984 Proposed Salary Plan To the Honorable Mayor and City Council: Attached hereto are a number of documents relating to the 1985 Proposed Salary Plan for the City of Brooklyn Center. These attachments include the following: Stanton Survey Data, Elected Officials Salary Survey Data, the Proposed 1985 Salary Classification Plan, a'Memorandum from Paul`Holmlund to myself detailing the changes from the 1984 Salary Plan to the 1985 Salary Plan and other salary information.' The 1985 Proposed Salary Plan calls for a 5% general increase on the position classification ranges. It also calls for a $10 increase in the health and insurance benefits contributed by the City. These increases are in line with the actions of other suburban metropolitan communities and also with the bargaining; currently ongoing in our lice and Local 4 contracts. Again this year there are no specific 9 g g � � y settlements in either of our union contracts with Local 49 or LELS. Generally we have used these as guidelines. However, the bargaining and settlements in the increase should be police area seem to be pinpointing the fi gure. Thee. sala i 5% P p P g 5% g y- paralleled very closely by settlement in the organized areas. • We are recommending a change in our personnel ordinance to provide time and one half payment for those "non- regular" shift employees when they are scheduled to work on Christmas, New Years, Thanksgiving, Memorial Day, July 4th and Labor Day. Currently the ordinance provides time and one half for three of the above holidays. The addition of three holidays will make this provision more consistent with other employees. Should the Council concur in this recommendation they should direct us to prepare an ordinance amendment. We are also recommending an increase in the salary of Councilmembers from $4,140 to $4,600 annually. We believe this change is justified by the attached survey data. We recommend the Mayor's salary remain at the current level as, for what ever the reason, Councilmember salaries have risen at a faster rate than Mayor's salaries based on survey data. The .last time salaries for the Mayor and City Council were adjusted was in 1978. If you choose to change your salaries the change would not take effect for approximately one year. We reviewed individual salaries of various positions in the City of Brooklyn Center and compared them to similar positions in other communities in the Stanton Survey and made a number of adjustments as detailed in Mr. Holmlund's memo. Again this year in some of our clerical positions we have made additional adjustments over the general increase because the survey data indicates these positions' compensation levels have changed more than others. • I have chosen this year not to make any changes other than the general increase to the Executive Salary Plan. Compensation levels in these positions seem to be line with other communities, and all positions will be in for a "comparable worth" review in 1985. We reviewed justification for other changes throughout the salary schedule but with the comparable worth study now in progress it would be more prudent for us to await any adjustments until after its completion. Should any members of the Council have any questions in regard to this matter, please do not hesitate to call me. Respectfully submitted, Gerald G. Splinte , City Manager MEMORANDUM TO: Gerald G. Splinter, City Manager �--, FROM: Tom Bublitz, Administrative Assistant f DATE: December 14, 1984 SUBJECT: Mayor and Council Salaries The survey on the following page was conducted by the Association for Metro- ' politan Municipalities and shows elected official's salaries in cities with populations over 20,000. The last time Mayor and Council salaries were increased was in 1978 when they were raised to their current levels which is $6,480 annually for Mayor and $4,140 annually for Council members. Previous to the 1978 increase the Mayor's salary was $4,860 annually and Council salaries were $3,120 annually. association of metropolitan municipalities ELECTED OFFICIALS SALARY SURVEY Compiled by the Association of Metropolitan Municipalities July 11, 1984 PAGE SIX CITIES WITH POPULATION OVER 20,000 POPULATION 1983 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. PER 1984 1983 1982 MUNICIPALITY METRO COUNCIL PER _MONTH 1984 1983 1982 4,800 $ 4,200 $ 3,000 Apple Valley 240290 2 $ 5,400 $ 4,800 $ 3,600 $ 31,950 2 6,000 4,200 4,200 4,400 3,800 3,800 Blaine 9,000 6,000 6,000 Bloomington 82,490 4 12,000 7,200 7,200 2 6480 6,480 6,480 4,140.' 4,140 4 , Brooklyn Center 30,840 4,800 3,600 3,600 Brooklyn Park 46,910 2 6,600 4,800 4,800. Burnsville 37,580 2 x,800 4,800 4,800 3,600 3,600 3,600 Columbia Heights 20,029 2 10,200. 10,200 9,000 6,000: 6,000 5,400 Rapids 39,950 3 4,200 4,200 4,200 Ward 3,600 3,600 3,600 Ra Coon p At Lge. 3,900 3,900 3,900 Cottage Grove 20,120 2 5,400 5,400 5,400 3,600 3,600 3,600 2 5,800 5,500 4,600 4,450 4,200 3,600 Crystal 24,890 Eagan 25,080 2 4,500 3,600 3,600 3,600 3,000 3,000 2 5,850 5,850 5,850 3,900 3,900 3,900 Edina 45,340 29,810 2 6,600 6,600 6,600 Ward 4,800 4,800 4,800 Fridley At Lge. 5,400 5,400 5,400 Golden Valley 22,380 2 6,200 6,200 5,400 4,650 4,650 4,050 Maple Grove 24,230 2 4,800 4,800 - 4,800 3,000 3,000 3,000 Maplewood .• 27,780 2 4,500 4,200 4,200 3,600 3,300 3,30 40,130 3 6,000 6,000 4,800 4,200 4,200 3,600 Minnetonka 4,020 3 ,600 3,300 New Brighton 23,360 2 5,220 4,500 4,200 22,850 2 4,888 4,888 4,290 3,705 3,705 3,250 New Hope Plymouth 35,380 3 6,000 6,000 6,000 4,200 4,200 4,200 37,240 2 6,000 6,000 6,000 4,500 4,500 4,500 Richfield 4,800 4,800 4,500 Roseville 35,920 2 6,000 :. 6i000 5,700 2 5400 5,400. 5,400 3,600 3,600 3,600 , St. Louis Park 42,640 3,000 3,000 3,000 South t. Paul 20,880 2 6,000 6,000 6,000 •0 3 y60 2,976.. -2,97 2,976 II C�h i t , ear Lake 22,510 1 1060 3;96 DEPARTMENT CITY 4 OF j OF ROOKLYN FINANCE CENTER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 13, 1984 SUBJECT: WAGE AND SALARIES FOR THE CALENDAR YEAR '1985 I I have attached the proposed City of Brooklyn Center 1985 Employee Position and Classification Plan which I have prepared in accordance with your instructions. The Plan reflects an approximate 5% annual increase to all non- organized City employees, effective January 1, 1985. I have also attached a resolution (inside Plan cover) which, if adopted by the City Council, will implement the Plan. Changes to specific schedules within the Plan since last amended on April 23,' 1984, were made as follows SCHEDULE A, POSITIONS AUTHORIZED 1. "Administrative Assistant" (title only) in Planning and Inspection Department was changed to "Planner" per 1985 Budget as adopted. I 2. Parks and Recreation Department: a. "Maintenance II" positions reduced from 10 to 7 per 1985 Budget as adopted. 3. Public Utilities Division: a. "Maintenance Worker" position dropped. b. "Maintenance II" positions increased from 4 to 6 per 1985 Budget as adopted. 4. Total permanent full -time positions authorized reduced from 125 to 123 per 1985 Budget as adopted. ..,74e SaMCeticicg ante Gerald G. Splinter, City Manager December 13, 1984 Page Two SCHEDULE B, EXECUTIVE PLAN 1. The mid point of Performance Range 11 was increased by 5 %. SCHEDULE B -1, EXECUTIVE MAXIMUM SALARIES 1. Increased by 5 %. SCHEDULE C, SUPERVISORY- PROFESSIONAL PLAN 1.. Approximate 5% increase. 2. Deputy City Clerk /Personnel Coordinator maximum step increased by 2�%. 3. Title of "Planner" added (same salary range as previously titled "Administrative Assistant ".) 4. "Aquatics Supervisor" position was revised as follows: Minimum Going Rate Maximum From S1A sic S2C To S2A S2C S4C Increase 2 §% 2 5% SCHEDULE C - 1, MONTHLY WAGE SCHEDULE 1. Step SlA was increased by 5 %. SCHEDULE D, TECHNICAL CLERICAL PLAN 1. Approximate 5% increase. 2. "Custodian" position was revised as follows: Minimum Going Rate Maximum From T20A T20C T21G To T17A T17C T21C Decrease 7 7 -0- 3. "Clerk V" position was revised as follows: I Minimum Going Rate Maximum From T14A T14C T19G TO T15A T15C T20C Increase 2�% 2�% 2�% i Gerald G. Splinter, City Manager December 13, 1984 Page Three SCHEDULE D, TECHNICAL- CLERICAL PLAN continued 4.. "Clerk IV" position was revised as follows: Minimum Going Rate Maximum From T11A T11C T15C To T12A T12C T16C Increase 2-�% 2�% A% S. "Clerk III" position was revised as follows: Minimum Going Rate Maximum From T9A T9C T11C To T9A T9C T12C Increase -0- -0- 2 6. "Clerk III' position was revised as follows: Minimum Going Rate Maximum From T5A T5C VC To T5A T5C T8C Increase -0- -0- 2.'� SCHEDULE D -1, MONTHLY WAGE SCHEDULE 1. Step TlA was increased by 5 %. SCHEDULE E, POLICE OFFICERS PLAN 1. Union contract not settled. Salaries are extended at 1984 rates. SCHEDULE F, POLICE CLERK /DISPATCHER PLAN 1. Step A was increased by 5 %. SCHEDULE G, LOCAL NO. 49 PLAN 1. Union contract not settled. Salaries are shown at 1984 rates. Gerald G. Splinter, City Manager_ December 13, 1984 Page Four SCHEDULE H, LIQUOR STORES PART -TIME EMPLOYEES 1. Hourly rate steps changed as follows: STEP A STEP B STEP C From $ 5.05 $ 5.35 $ 5.65 To $ 4.75 $ 5.35 $ 5.90 Increase ($} $ • Increase O 4.42 Decrease ($) $ .30 Decrease M 5.94 2. Advance to Step C after 18 months employment rather than 12 months. 3. Employees will remain at 1984 rate, if the 1985 rate is less, until they reach higher classification. SCHEDULE I, EMPLOYEE INSURANCE BENEFITS 1. The City's monthly contribution for insurance coverage for non- organized employees and members of Local #49 was increased $10, from $145 to $155. 2. The monthly contribution for Police Local No. 82 remains at $145 pending new contract. UL Y MANAGER'S COMPENSATION SCHEDULE J, CIT MANA E S ION AGREEMENT C S T 1. The City Manager's annual salary increased by $2,870 (5.0 %), from $57,400 to $60,270. 2. Monthly allowance for use of personal auto increased by $20, from $230 to $250. SCHEDULE K, PERSONNEL EXPENSE REIMBURSEMENT POLICY 1. No change from 1984 schedule. Respectfully submitted, Paul W. Holmlund PWH:ps (AAPC5CP) I Dj Q • CITY OF BROOKLYN CENTER, MINNESOTA 1985 EMPLOYEE POSITION AND CLASSIFICATION PLAN E AS ADOPTED: DECEMBER 17, 1984 C (AAPCSR W) i 8 Member introduce:l ' the f(A16Wiri ec s"9 1 grid wm6v� _t adoption: ,. t L J RESOLUTION P(0: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1985 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council has considered salaries and wages for the calendar year 1985.and has reviewed the 1985 Employee Position and Classification Plan; and WHEREAS, the 1985 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1985 Employee Position and Classification Plan provides for pay increases awarded for improvements in job performance; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1985 by adoption of the attached Position and Classification Plan (Schedules A through K) for the calendar year 1985 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1985 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1985; and BE IT FURTHER RESOLVED that the City Council, in recognition that labor contract provisions are not as yet settled with the bargaining units represented by L.E.L.S. Local No. 82 and International Union of Operating Engineers No. 49, extends 1984 wage and salary rates for related job classifications in the Police and Public Works Departments respectively. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: ; and the following voted against the same: whereupon said resolution was declared duly passed and adopted (AAPC5TC) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFICATION PLAN ------------ - - - - -- ---------- - - - - -- -------- - - - - -- - - - - - -- - --- - - - - -- - - - - - -- WMWON eyr TABLE OF CONTENTS Contents Schedule Page Positions Authorized A 1 -2 Executive Pay Plan B 3 Executive Positions Salary Maximums B-1 4 Supervisory- Professional Pay Plan C 5 Supervisory- Professional Monthly Wage Schedule C-1 6 Technical- Clerical Pay Plan D 7 Technical- Clerical Monthly Wage Schedule D-1 8 Police Officers Pay Plan E 9 Police Clerk Dispatcher Pay Plan F 10 Local No. 49 Pay Plan G 11 Liquor Stores Part -Time Employee Pay Plan H 12 Employee Insurance Benefits I 13 City Manager Compensation Agreement J 14 -15 Personnel Expense Reimbursement Policy K 16 -17 (AAPC5A) r, CITY OF BROOKLYN CENTER 19 EMPLOYEOSI�� I'4iAi� IF P i SCHEDULE PERMANENT FULL -TIME A14D SALARIED PART -TIME POSITIONS AUTHORIZED POSITIONS AUTHORIZED -------------------------------------------------------------- POSITIONS EXEMPT ORGANIZATIONAL AUTHOR ORGAN FROM SALARY UNIT POSITION IZED IZED OVERTIME SCHEDULE CITY MANAGER'S OFFICE: City Manager 1 No Yes B Deputy City Clerk /Personnel Coordinator 1 No Yes C Housing /Purchasing Coordinator 1 No Yes C Office Manager 1 No Yes, C Clerk IV 1 No No D Clerk III 1 No No D Clerk II 1 No No D ASSESSING DEPARTMENT: Assessor 1 No Yes B Appraiser II, 1 No Yes C Clerk IV 2 No No D FINANCE DEPARTMENT: Director of Finance /City Treasurer 1 No Yes B Chief Accountant 1 No Yes C Staff Accountant 1 No Yes C Clerk V 2 No No D Clerk IV 1 No No D Clerk III 2 No No D GOVERNMENT BUILDINGS DIVISION: Maintenance Supervisor 1 No Yes C Maintenance Custodian 1 No No D Lead Custodian 1 No No D Custodian 3 No No D POLICE DEPARTMENT: Chief /Civil Defense Coordinator 1 No Yes B Captain 2 No Yes C Sergeant 5 L #82 No E Police Officer 21 L #82 No E Administrative Assistant 1 No Yes C Office Manager 1 No Yes C Administrative Aid 1 No Yes C Code Enforcement Officer 2 No No D Clerk /Dispatcher 6 No No F Clerk III 1 No No D PLANNING AND INSPECTION DEPARTMENT: Director of Planning and Inspection 1 No Yes B Inspector /Building Official 1 No Yes C Inspector 1 No Yes C Planner 1 No Yes C Clerk IV 1 No No D -1 k M e 7 r 1985 Positions Authorized, Schedule A, +Ptl ENGINEERING DIVISION: Director of Public Works 1 No Yes B City Engineer 1 No Yes C Public Works Coordinator 1 No Yes C Engineering Technician IV 1 No No D Engineering Technician III 4 No No D Clerk IV 1 No No D STREETS DIVISION: Superintendent of Streets and Parks 1 No Yes C Supervisor of Streets and Parks 1 No No C Maintenance II 11 L #49 _ No G Mechanic 3 L#49 No G Night Service Person 1 L #49 No G Clerk 1 No No D PARKS AND RECREATION DEPARTMENT: Director of Parks and Recreation 1 No Yes B Superintendent of Recreation 1 No Yes C Program Supervisor 2 No Yes C Supervisor of Streets and Parks 1 No No C Aquatics Supervisor 1 No Yes C Maintenance II 7 L #49 No G Clerk IV 1 No No D --------------------------------------- ~ --------------------------------- PUBLIC UTILITIES DIVISION: Supervisor of Public Utilities 1 No No C Maintenance II 6 L #49 No G LIQUOR STORES DEPARTMENT: Liquor Stores Manager 1 No Yes B Supervisor, Retail 2 No Yes C Clerk III 1 No No D TOTAL PERMANENT FULL -TIME POSITIONS AUTHORIZED: 123 * * * * * # * * * * * * * ** SCHEDULED PART -TIME POSITIONS AUTHORIZED: FIRE DEPARTMENT: Chief 1 No Yes C Assistant Chief 1 No Yes C Fire Marshal 1 No Yes C Senior Training Officer 1 No Yes C Training Officer 1 No Yes C Fire Inspector, Days 1 No Yes C Fire Inspector 4 No Yes C - LIQUOR STORES DEPARTMENT: Clerk/Stocker * ** No No H • _ - -___= - Cashier _ _ _ ___ ___ _ _ _ _ ** * = = - = == -2- K (AAPC5BA) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B EXECUTIVE- ----------------------------------------- POSITIONSANNUAL SALARY SCHEDULE EXECUTIVE PLAN RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT POSITION MIMIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM - - - - - -- - - - - - -- City Manager 51,999 58,116 58,728 61,175 64,234 64,846 70,351 Director of Public Works 42,610 47,623 48,124 50,129 52,636 53,137 57,648 Director of Finance/ City Treasurer 39,618 44,279 44,745 46,610 48,940 49 53,601 Chief of Police 38,590 43,130 43,584 45,400 47,670 48,124 52,210 Director of Parks and Recreation 34,784 38,877 39,286 40,923 42,969 43,378 47,061 City Assessor 32,980 36,860 37,248 38,800 40,740 41 44,62 Director of Planning and Inspection 32,980 36 37,248 38,800 40,740 41,128 44,620 Liquor Stores Manager 29 32,875 33,221 34,605 36,335 36,681 39,796 INTERVALS: Each range has a spread of approximately 35% from minimum to maximum. The minimum is approximately 85% and the maximum is approximately 115% of the t midpoint. SALARY RANGES: I: GROWTH RANGE. The lower range (approximately 85% to 95% of the midpoint) should normally include relatively inexperienced employees, as well as those whose performance remains below fully satisfactory levels. II. PERFORMANCE RANGE: The middle range (approximately 96% to 105% of the midpoint) should includte the normally experienced, fully satisfactory employees and represent the established "going- rates ". III. MERIT RANGE. The top range (approximately 106% to 115% of the midpoint) should include only those employees who have demonstrated superior performance over a significant period on the job or at comparable levels of responsibility. SALARY SETTING AUTHORITY: The City Council must approve individual salary adjustments within r' i Merit Range III.. Salaries within Growth Range I and Performance Range II may be established by the City Manager. The City Manager's salary is established by the City Council. OVERTIME: These positions are exempt from overtime. -3- (AAPC5B1A) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFICATION SCHEDULE B -1 EXECUTIVE POSITIONS 1985 MAXIMUM ANNUAL SALARIES ESTABLISHED EXECUTIVE POSITIONS . --------------------------- --------------------------------- 1985 SALARY MAXIMUMS IN ADDITION TO THE SALARY SETTING AUTHORITY GRANTED THE CITY MANAGER IN EXECUTIVE PLAN SCHEDULE B TO SET SALARIES IN GROWTH RANGE I AND PERFORMANCE RANGE II, THE CITY MANAGER IS HEREBY AUTHORIZED TO SET INDIVIDUAL SALARIES WITHIN MERIT RANGE III DURING THE CALENDAR YEAR 1985 TO THE MAXIMUM SALARIES SHOWN IN THIS SCHEDULE, POSITION MAXIMUM ANNUAL SALARY Director of Public Works 532689 Director of Finance/ City Treasurer 50,898 Chief of Police 49 2 577 -------------------------------------- - --- --- ------------------ ---- - - ---- - - - - -- - - - - -- a. • -4 r^ fro (AAPC5cM) CITY OF BROOKLYN CENTER 1985 EMPLOYEE P At CL A C J SCHEDULE C SUPERVISORY------------------------------------ - - - - AND PROFESSIONAL POSITIONSGRADERANGE_ANDMONTHLY RATES SUPERVISORY - PROFESSIONAL --------------------- - - - - -- -- - - - - -- 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 .City Engineer ------ - - - - -- ------ S3bA - S37C _ s39C -- 3,130 3,537 3,716 Yes Police Captain S32A S34C S36C 2,835 3 3 Yes Superintendent of Streets and Parks S28A S30C S32C 2,569 2,975 3026 Yes Housing /Purchasing Coordinator S22A S24C* S26C 2 2,566 2,696 Yes Superintendent of Recreation S22A S24C S26C 2,215 2,566 2 Yes Inspector /Building Official S21A S23C S25C 2,161 2,503 2;630 Yes Chief,Accountant S19A S21C S25C 2,057 2,383 2,630 Yes Deputy City Clerk/ Personnel Coordinator S19A S21C S24C 2 2,383 2,566 Yes Appraiser II S19A S21C S23C 2,057 2,383 2,503 Yes Public Works Coordinator S19A S21C S23C 2 2 2,503 Yes Supervisor of Streets and Parks S18A S20C S22C 2 2 2,442 No Supervisor of Public Utilities S18A S20C S22C 2,007 2,324 2,442 No Inspector, Planning and Inspection S18A S20C S22C 2,007 2,324 2,442 Yes Office Manager, Police S16A S18C S20C 1 2,212 2,324 Yes Maintenance Supervisor S16A S18C S20C 1,910 2,212 2,324 Yes Planner 312A S14C S16C 1,730 2 2,106 Yes Administrative Assistant S12A S14C S16C 1 2,004 2,106 Yes Office Manager, Administration S11A S13C S15C 1,688 1,955 2 Yes Program Supervisor, Recreation S10A S12C S14C 1,647 1 2 Yes Staff Accountant S8A S10C S12C 1,568 1,816 1 Yes Supervisor, Liquor Retail S8A S10C S12C 1,568 1 1,908 Yes Administrative Aid, Police S7A S9C S10C 1,529 1,772 1 Yes Aquatics Supervisor S2A S2C S4C 1 : 352 1 1 Yes Fire Chief (Part- time) 600 Yes Assistant Chief (Part -time) 375 Yes Fire Marshal (Part -time) 375 Yes Senior Training Officer (Part -time) 255 Yes Training Officer (Part- time) 195 Yes Fire Inspector,Days (Part- time) 340 Yes Fire Inspector (Part- time) 195 Yes -5- r S (AABPC5C1) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFI TIOP. LAN SCHEDULE C -1 SUPERVISORY PROFESSIONAL POSITIONS MONTHLY WAGE SCHEDULE --------------------------------------------------- - - - - -- ----- ----- PROGRESSION STEPS -- . MERIT STEPS GRADES A B C D E S1 - 1,319 1,385 1,454 1,527 1,603 S2 1,352 1 419 1 490 1 565 1,643 3 , S3 1f386 1,455 1,528 1,604 1,684 S4 1,420 1,491 1,566 1,644 1,726 S5 1 1,528 1,605 1,685 1,769 S6 1 492 1,567 1,645 1,727 1,814 ' 0 9 S7 1,529 1,606 168 6 1 ,77 1 S8 1 1,646 1 1 1,905; S9 1,607 1,687 1,772 1,860 1,953 S10 ' 1,647 1,729 1,816 1,907 2,002 S11 1,688 1,773 1,861 1,954 2,052 S12 1,730 1 1,908 2,003 2,103 S13 1,774 1 1,955 2,053 2,156 S14 1 1,909 2,004 2,105 2 S15 1,863 1,957 2,054 2,157 2,265 S16 1,910 2,006 2 2,211 2,322 S17 1,958 2,056 2,158 2 2,380 S18 2,007 2,107 2,212 2,323 21 4 39 S19 2,057 2 16O 2,268 2 3 81 2 , 500 S20 2,108 2,214 2,324 2,441 2 S21 2 2,269 2,383 2,502 2 S22 2 1 215 2 : 326 2,442 2,564 2,692 S23 2 1 270 2,384 2,503 2 2,760 • S24 2 327 2 t 444 2 2,694 2,829 S25 2,385 2,505 2,630 2,761 2,899 326 2 1 445 2,567 2,696 2,83 2,972 S27 2 1 506 2,631 2 2,901 3f046 S28 2,.569 2,697 .2,832 2 4 3, 122 S29 2,633 2,765 2,903 3,048 3,200 S30 2,699 2,834 2,975 3,124 3,280 S31 2,766 2,905 3,050 3,202 3,362 S32 2,835 2,977 3026 3,282 3,446 S33 2,906 3,052 3,204 3,364 3,533 S34 2,979 3,128 3,284 3,449 3,621 S35 3,053 3,206 3,366 3,535 3,711 S36 1 0 286 451 623 3 804 3 3 3 3 3, 3, , S37 3,208 3,368 3,537 3,714 3,899 S38 3,288 3,453 3,625 3,$07 3,997 S39 Q2 0 0 5 716 3 9 97 39 3 37 3 39 3 , , , , S40 3 ►455 3 3,8 3,999 4,199 NORMAL PROGRESSION: A is starting wage. Advance to Step B after six months probationary period Advance to Step C after eighteen months employment: Additional grade advances in Step C, within the City Council authorized limits shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be at the discretion of the City Manager. INTERVALS: Grades 1'through 40 represent 2 1/2% advances. Steps A through E 'represent approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -6- *a N ,a im ; 5 'a i {' K $ (AAPC5DM) U CITY OF BROGKLYT1 CENTER 1985 E'IPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE I; TECHNICAL AND CLERICAL POSITIONS GRADE RANGE AND MONTHLY RATES TECHNICAL- CLERICAL • -- - - - -- ------------------------------------------------ - - - - -- PLAN GRADE RANGE MONTHLY WAGE RANGE FROM SCHEDULE D -1 FROM SCHEDULE D -1 ------------------- - - - - -- ------------------------ EXEMPT GOING GOING FROM POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM OVERTIME Engineering Technician IV T31A T33C T37C 2,000 2,316 2,557 No Engineering Technician III T25A T27C T31C 1,724 1 2 9 205 No Maintenance Custodian T24A T26C T28C 1,682 1 2,047 No Lead Custodian T22A T22C T24C 1,601 1,765 1,855 No Service Garage Clerk T21A T21C T23C 1,562 1,722 1,810 No Custodian - T17A T17C T21C 1 2 415 1,560 1,722 No Clerk V T15A T15C T20C 1,347 1,485 1,680 No Clerk IV T12A T12C T16C 1,251 1,379 1,522 No Code Enforcement Officer T12A T12C T13C 1,251 1,379 1,414 No Clerk III T9A T9C- T12C 1 1 1 281 1,379 No Clerk II T5A T5C T8C 1,052 1,160 1,249 No -7 (AAPC5DIM) T CITY OF BROOKLYN CENTER 1985 EMPLOYEE WPOS" �1 IrSUCAW t SCH EDULE D -1 TECHNICAL AND CLERICAL POSITIONS MONTHLY WAGE SCHEDULE • ----------------------------------------------------------------------- PROGRESSION STEPS MERIT STEPS GRADES A B C D E T1 953 1,001 1,051 1,104 1 T2 977 1,026 1,077 1,131 1,188 T3 1,002 1,052 1 1 1,218 T4 1,027, 1,078 1,132 1 1,248 T5 1,052 1 1,160 1 1 T6 1,079 1033 1,189 1,249 1 T7 1,106 1,161 1,219 1 1,344 T8 1033 1,190 1,249 1,312 1,378 T9 1,162 1,220 1 1,345 1,412 T10 1 9 1 9 1 1 , 2 5 0 1 ,3 1 3 1,378 1,447 T11 1 1,281 1,346 1,413 1,483 T12 1 1 ,3 1 3 1,379 1 1,521 T13 1,282 1,346 1,414 1,484 1,559 T14 1 1,380 1,449 1,521 1,598 T15 1,347 1,414 1,485 1,559 1, T16 1,381 1,450 1,522 1,598 1 T17 1,415 1,486 1,560 1,638 1,720 T18 1 1,523 1 1,679 1,763 T19 1 1,561 1,639 1,721 1,807 T20 1,524 1 1,680 1,764 1,853 T21 1,562 1,640 1 1,809 1,899 T22 1,601 1,681 1 1,854 1,946 T23 1 1,723 1 1,900 1 T24 1 1,766 1 1,948 2,045 T25 1,724 1,811 1 1 2 , 0 9 6 T26 1 1,856 1,949 2,046 2,148 T27 1,812 1,902 1,997 2,097 2 T28 1,857 1,950 2,047 2 2 T 1,903 1 2,099 2 2 T30 1,951 2 2,151 2 2 T31 2 2 2,205 2,315 2 T32 2 2 2,260 2,373 2 T33 2,101 2 2,316 2 2 T34 2 2,261 2,374 2,493 2 T35 2,207 2,318 2,434 2,555 2,683 I T36 2 2,376 2,495 2,619 2 -T37 2,319 2,435 2,557 2,685 2 T38 2,377 2,496 2,621 2,752 2,889 T39 2,437 2,558 2 2,821 2 T40 2,498 2,622 2,753 2,891 3,036 NORMAL PROGRESSION: A is starting wage. Advance to - Step B after six months probationary period. Advance to Step C after eighteen months employment. Additional grade advances in Step C, within the City Council authorized limits, shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be ,at the discretion of the City Manager. INTERVALS: Grades 1 through 40 represent 2 1/2% advances. Steps A through E represent approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -8 (AAPC5EH) CITY OF BROOKLYN CENTER 198 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE E POLICE OFFICER POSITIO14 RLY RATE SCHEDULE, L.E.L.S., LOCAL NO. 82 POLICE OFFICERS ------------------------------------------------------- - - - - -- - - - - -- PLAN HOURLY RATE PROGRESSION STEPS POSITION P1 P2 P3 P4 P5 (65 %) (70 %) (80 %) (90 %) (100 %) i Police Officer $ 8.75625 9.429808 10.77692 12.12404 13.47115 NORMAL PROGRESSION: Step P1 is the starting wage. Advance to Step P2 after six months of employment. Advance to Step P3 after one year of employment. Advance to Step P4 after two years of employment. Advance to Step P5 after three years of employment. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. INTERVALS: P5 is top police officer salary. P1 is 65% of P5; P2 is 70% of P5; P3 is 80% of P5; P4 is 90% of P5. Sergeant (P5 monthly salary plus $282) $ 15.09808 I C. LONGEVITY AND EDUCATIONAL INCENTIVE: Percent of Base Pay based on longevity or educational credits to be paid as supplementary pay: EDUCATIONAL LONGEVITY COLLEGE QUARTER CREDITS PERCENT 4 -8 years 45 -89 3% 8 -12 years 90 -134 5% 12 -16 years 135 -179 7% 16 years and over 180 or more 9% D. SPECIAL JOB CLASSIFICATION: 1. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $110 per month or $110 prorated for less than a full month in addition to their regular wage rate: A. Investigator $ 0.634615 B. Juvenile Officer 0.634615 C. Dog Handler 0.634615 2. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $50 per month or $50 prorated for less than a full month in addition to their regular • wage rate: A. Corporal $ 0.288462 _9_ (AAPC5FH), CITY OF BROOKLYN 95 CENTER 1 8 E'fPLOYEE I N A, L 9 AN SCHEDULE F POLICE CLERK DISPATCHER POSITIONS HOURLY RATE SCHEDULE POLICE CLERK ------------------------------------------------ - - - - -- DISPATCHER PLAN HOURLY RATE PROGRESSION STEPS POSITION A B C D E F G Clerk Dispatcher 8.22 8.55 8.89 9.25 9.62 10.00 10.40 NORMAL PROGRESSION: Step A is starting wage. Succeeding steps represent six month intervals. INTERVALS: Steps A through G represent 4% advances. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. -10 (AAPC5GH) CITY OF BROOrLYN CENTER _1�984�4 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE G UNION OF OPERATING ENGINEERS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL NO. 49 --------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- - - - -- PLAN NOTE The following Wage Schedule will be in effect from the first payroll period in 1984 through the last payroll period in 198,4 HOURLY POSITION RATE Maintenance III $ 11.24 Maintenance II 10.76 Mechanic _ 11.24 Night Service Person 10.58 Maintenance Worker 11.07 Maintenance I 7.76 Crew Leader 0.45 in addition to regular rate when assigned in writing by t he Department Head to assist p a a Supervisor as Crew Leader while performing such duties Working out of Classification Pay: Employees required by the Employer to operate_ certain items of heavy equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit. Employees hired after February 7 1984, in the Maintenance I classifi- cation who are required by the Employer to operate certain items of light equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit. -11- (AAPC5HH) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFICATION "PLAN SCHEDULE H LIQUOR STORES PART -TIME HOURLY RATE SCHEDULE LIQUOR STORES -------------------------------------- - - - - -- PART -TIME EMPLOYEES PLAN D D D - - - - - -- ------------------------------------ - - - - -- - -- ------ -- - - 4 -- --------------- STEPS POSITION A B C Clerk- Stocker 4.75 5.35 5.90 Cashier 4.75 5.35 5.90 NORMAL PROGRESSION: A is starting hourly rate. Advance to Step B after six months employment. Advance to Step C after eighteen months employment. CITY MANAGER'S DISCRETION: Starting grade and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. NOTE: As of January 1, 1985, an employee in Step "A shall remain at the 1984 authorized rate for that step until advancing to Step B. -12- (AAPC51) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE I EMPLOYEE INSURANCE BENEFITS EMPLOYEE ------------------ - - - - -- bIt1SURANCE BENEFITS d n ------------- - - - - -- ------------------------------------ - - - - -- --------------------- L.E.L.S., LOCAL NO. 82, POLICE OFFICERS: (198 CONTRACT IN EFFECT) The City will contribute up to a maximum of $1 per month per employee toward health, life, long -term disability insurance, and dental insurance. (Dental insurance not to exceed $15.) INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO: The City will contribute up to a maximum of $155 per month for group health, life, and dental insurance including dependent coverage. Employees not choosing dependent coverage cannot be covered at City expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employee's expense to the extent allowed under the City's group policy. NON- ORGANIZED CITY EMPLOYEES: ---------------------------- The City will contribute, effective with insurance premiums due January 1, 1985, payment a ent of an amount not to exceed 155 per month toward the cost of coverage under the Brooklyn Center Group Hospital - Medical Insurance Plans, $5,000 Group Life Insurance Policy, and Group Dental Insurance as 'fringe benefit compensation for permanent full -time employees (and eligible dependents) who are not members of recognized bargaining units. CITY MANAGER: As provided in the City Manager's Personal Service Contract. -13 (AAPCSJ) CITY OF BROOKLYN CENTER 1985 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE J 1985 CITY MANAGER'S COMPENSATION AGREEMENT CITY MANAGER'S ------------------------------------------ COMPENSATION AGREEMENT V MMPM TERMS AND CONDITIONS OF EMPLOYMENT: 1 The City Charter, adopted by the voters of the City of Brooklyn Center on November 8, 1966, created the position of City Manager. 2 Gerald G. Splinter was appointed City Manager effective October 17, 1977 (Resolution No. 77 -168) and is currently serving in that position. 3. The position of City Manager is not covered by the provisions of Chapter 17 of the City Ordinances. 4. Other conditions of employment are hereby explicitly stated: a. Mr. Splinter shall perform the duties and meet the obligations for the position of City Manager as set forth in the City Charter and Chapter 6 of the City Ordinances. b. Mr. Splinter's salary for 1985 shall be $60,270 per annum and adjustment to the City Manager's salary shall be reviewed annually in conjunction with the establishment of salaries for City employees.' c. The City Manager shall be granted sick leave and holiday benefits granted to other employees and commencing January 1, 1983 he will earn four weeks vacation per year. d. The City Manager shall reside within Brooklyn Center within twelve months following the effective date of appointment. e. The full premium cost for individual and family coverage under the Brooklyn Center Group Health and Dental Plan and /or Insurance Plan and the full premium cost for two times his annual salary of term life insurance under the Brooklyn Center Group Life Insurance Plan shall be paid by the City on the City Manager's behalf. f. The City Manager shall receive $250 per month if the City does not provide a car for the City Manager's twenty -four hour business use. g. In the event of resignation, notice thereof shall be submitted in writing to the City Council at least 30 days prior to the effective date. h. In the event of dismissal by the City Council, the City Manager shall be notified at least 30 days in advance of the effective date of dismissal and shall be furnished a written statement of the reasons therefor, and further, shall be granted a hearing thereon, if requested. -14- V gr 1985 Cit Mana er's Com ensatio j le C n i u •`"� Y ,.—..s i. In the event of voluntary resignation or death the City Manager shall receive Y g � Y g sevrerance pay based on the severance plan established in the City Personnel Ordinance. j. In the event of involuntary resignation or dismissal, severance pay based on unpaid accrued vacation leave and six month's salary shall be paid to the City Manager; however, in the event the City Manager is 'terminated because of his conviction of any illegal act involving personal gain to him, the City shall have no obligation to pay the aggregate severance sum designated in this paragraph. k. Minnesota State Law provides City Managers with a choice of pension plans: PERA or a deferred compensation fund. The City of Brooklyn Center will contribute to the qualified fund of the City Manager's choice a dollar amount equivalent to the required PERA contribution. ------------------------------------------------- - - - - -- -------------------------------- -15 (AAPC5K) } CITY OF BROOKLYN CENTER 5 �'L S JO N CL F ft9-PLAN SCHEDULE f PERSONNEL EXPENSE REIMBURSEMENT POLICY PERSONNEL EXPENSE.; -------------------------------- - - - - -- REIMBURSEMENT POLICY ----------------------------------------------------------------------------------------- It is necessary that there be a uniform policy of reimbursement for travel, lodging, meals, and mileage expenses incurred by City employees and officials while performing their duties as representatives of the City of Brooklyn Center. It is also necessary that existing reimbursement policies be reviewed annually, and be adjusted when necessary, to reflect the current costs of travel, lodging, meals, and the use of personal automobiles for business use. Therefore, all existing reimbursement policies are hereby ammended to be as follows for costs incurred on January 1, 1985 and thereafter: 1. Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. 2. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. 3. Requests for travel advances intended to defray costs incurred while on a trip and prior to susbmission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip.. 4. Travel advances shall be limited to 90% of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 5. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: a. Transportation costs to and from the destination via coach, tourist, or economy class transportation. b. Lodging costs not to exceed a reasonable single occupancy rate as determined by the City Manager. c. Conference or meeting registration fees. d. Any unusual items for which advance approval has been obtained from the City Manager. 6. The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate of 21 cents per mile, or an amount equal to air travel tourist class, whichever is the lesser. 16 Rif fir• R L 1985 Personnel Expense Rei rse the 7. Reimbursement for meals while on authorized travel will be for actual expenditure. with a maximum of $24 per day allowable, including tips. There shall be no per diem for meals or any other expenses. The maximum meal reimbursement for any fraction of a full day shall be as follows: a. Breakfast - $5.00 b. Lunch - $7.00 c. Dinner - $12.00 The full cost shall be reimbursed for meals which are a scheduled activity of a conference or meeting and the cost of such meals is not included in the registration fee. 8. Employees and officials of the City shall be reimbursed for luncheon and dinner costs as authorized by the City Manager in accordance with the following provisions: a. The actual cost of.the meal not to exceed $9.00 will be allowed for meals associated with attendance at training sessions when meals are an integral part of the program or when there are training sessions before and after the meal, or, for attendance at regular luncheon meetings of professional or related associations. b. The entire cost of related meals shall be reimbursed to those employees or officials designated to represent the City at meetings or other City business functions that the Council or City Manager deems necessary, 9. Employees or officials of the City who, in the conduct of official City business, are authorized or required to use their personal automobiles for transportation shall be reimbursed at the rate of 21 cents per mile for mileage incurred in the conduct of such business. An itemized mileage expense claim must be submitted to the City Manager for approval. _17_ Member introduced the following resolution and � moved its adoption: RESOLUTION NO. RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJ ECTS 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, the City has established a Capital Projects Fund to provide funds, and to account for the expenditures of such funds, for major capital out - lays (which shall include but not be limited to, construction or acquisition of major premanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays; and WHEREAS, the City Council established an Adequate General Fund Balance Policy on December 22, 1980 (M & C No. 80 -31); and WHEREAS, the application of that policy to the current General Fund Balance determines that there is at least the sum of $600,000 which is in excess of the adequate Fund balance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer the sum of $600,000 from the General Fund fund balance to the Capital Projects Fund to be therein appropriated by the City Council for specific projects to be approved by the Council. 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. DEPARTMENT CITY OE 1, OF B13 ROO KLYN FINANCE ENTER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 11, 1984 SUBJECT: PROPOSED TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND. In accordance with the Adequate Fund Balance Policy for the General Fund (copy attached) established by the City Council on December 22, 1980, I have applied the formula contained therein to the fund balance at December 31, 1983, and that formula shows that there is $1,182,539 in the fund balance in excess of what is adequate and is available to transfer to the Capital Projects Fund. I have also attached a copy of the completed formula. Because of economic uncertainty and the possibility that we may need to draw from the fund balance in the near future for such things as the cost of comparable worth and other contingencies, I would not recommend transfer of the full amount. I am also concerned that the working capital provided for in the formula provides only for three months of expenditures and that pro vision may be a little light. I would recommend that the City Council authorize the transfer of $600,300 from the General Fund to the Capital Projects Fund by adopting the attached resolution. The Council, at a later date, would specify the individual projects to which the funds would be appropriated to within the Capital Projects Fund. Respectfully submitted, & 044W, 46 Paul W. Holmlund PWH:ps Attachments ,,,�ke So.ketlsi.cq � ctie ec � � C OF R P,Y -)K LYN CENTER, _ M_ETH_O_ TO DF.T A N A DEQ UA TE FU BALANC IN THE GE NERAL FUND (A _E STA _B LISHED B Y TH CI TY _C OUNCI L ON D ECEMBER 22 198 BY TH APPROVAL OF THE CITY MANAGER'S M_& C NO. 80 -31 DATED DECEMB 19, 1980 The fund balance, at any given date, represents the City's equity in the Fund, i.e., the assets of a Fund in excess of its liabilities. The question of at what level the proper fund balance should be arises periodically. The method to be used by the City Council of the City of Brooklyn Center to determine, an adequate fund balance for its General Fund shall be as follows: The fund balance is a product of one of two sources. They are: (1) The excess (or deficiencies) of revenues over expenditures of the Fund, accumulated over the years since the inception of the Fund; and (2) Permanent transfers of monies from another Fund. Certain asset items contained within the fund balance are items which cannot be readily converted to cash and, therefore, must remain in the fund balance. Among these items are taxes receivable, accounts receivable, and inventories of supplies. In addition, monies within the fund balance are needed for, and should be reserved for, other purposes. Among these is a need for "working capital ". Working capital, simply stated, is funds needed for expenditures which must be made prior to receipt of revenues in forthcoming , periods of time. The City has a fairly consistent level of expenditures, par- . ticularly payroll (which consists of about 650 of total expenditures), and a - rather sporadic pattern of revenue receipts. This combination causes a cash flow problem. The working capital is the bridge over these gaps between expen- ditures and the receipt of revenue. The primary sources of revenue for the General Fund are local real estate taxes and intergovernmental revenue. Revenue from these sources are usually received on a quarterly (local government aid and federal revenue sharing) or semi- annual (property tax) basis. Major tax settle - ments are made in May g Y through Jul and October through December, while major expenditures occur in the early part of the budget year. The City must wait approximately five months into the budget year for a large amount of its revenues. If monies are not available during these periods, the City must resort to tax anticipation borrowing. Tax - anticipation borrowing is both costly and would be reflected in the City's bond rating. The absence of such borrowing is a positive factor in bond rating. Therefore, a sufficient amount of working capital is needed to carry the City through these periods. The working capital is therefore set at a maximum of 250 of the total General Fund Budget. This will provide funds for three months of expenditures. Money should also be reserved to provide .`a "cushion for the replacement of possible revenue short falls in the budget._ The cutback of local government aid due to a projected State surplus deficit is a good example of a need for some sort of cushion. An economic downturn can also cause a reduc- tion in building and other permit fees, recreation revenue, other intergovernmental revenue, charges for service, arid, of course, cause property tax delinquencies. An amount equal to 50 of the taxes levied for General Fund purposes to hedge against loss of revenue from tax delinquencies and an amount equal to 10% of all other estimated g budget revenues to hedge against overestimation and economic g g downturn shall be reserved for these purposes. Funds should also be reserved for unanticipated needs which may develop during the budget year. However, the City Charter does provide for a contingency appropriation within the budget itself, and the City does annually appropriate funds for that purpose. i Based on the preceding assumptions, the following is a recap of the recommended formula for determining an adequate fund balance in the General Fund: 1. Most recent aud fun balance 2. Le ss items not readily convertible to c ash (to include'uncollected taxes, accounts receivable and inventory of supplies) 3. Equals fund balance con to cash 4. Les am to be reserved for specific pu a. Working capital (250 of most recent General Fund Budget) b. Reserve for de taxe (5% of the taxes levied for General Fund purposes) �. c. Reserve for overestimation of other revenu (100 of all other budget revenues) 5. Equals amount in excess of adequate fund balance and available fo other purposes It should be noted that the formula begins with the most recent audited fund balance and does not include current budget year projections. Experience has shown that projecting surplus is a dangerous art and the City, therefore, takes a conservative approach and deals with known factors. The State's recent budget problems, which resulted from surplus forecasting, is an example of what can happen when a less conservative approach is used. It shall further be the policy of the City of Brooklyn Center that the amount determined to be in excess of the adequate fund balance shall be available for other purposes as determined by the City Council. These purposes include transfer to the Capital Projects Fund. The City established a Capital Projects Fund in 1968 to provide funds for major capital outlays.. These capital outlays include construction or acquisition of major permanent facilities having a relatively long life or to reduce the debt incurred for capital outlays. The source of revenue to finance these capital outlays was determined to be taxes, surpluses of other funds, issuance of bonds, interest earnings of the fund, and any other source of funds which became available for transfer to the fund. It shall further be the policy of the City Council of the City of Brooklyn Center to periodically review the fund balance of the General Fund to determine an adequate fund balance and that amount which is in excess of the adequate fund balance which is available for other purposes. -2- (QRP3960A) CITY OF BROOKLYN CENTER ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 (AS SET FORTH IN M &C NO. 80 -31) 1. Latest Audited Unappropriated Fund Balance At: December 31, 1983 $ 3,859,685 2. Less Items Not Readily Convertible to Cash: a. Uncollected Taxes $ 234,750 b. Accounts Receivable 9 c. Inventory of Supplies 83,834 327,861 3. Fund Balance Convertible to Cash $ 3 4. Less Amounts to be Reserved for Specific Purposes: a. Working Capital: (25% of Total General Fund Current Year Budget) Year: 1984 25% of: $ 6,537,985 1,634,496 b. Reserve for Delinquent Taxes: (5% of Taxes Levied for General Fund in Current Year Budget) Year: 1984 5% of: $ 3,016,061 150,803 c. Reserve for Overestimation of Other Revenues: (10% of General Fund Other Revenues in Current Year Budget) Year: 1984 10% of: $ 3,521,924 352,192 2 5. Amount Available per Formula $ 1,394,332 6. Less Amount Appropriated to the General Fund Current Year Budget: Year: 1984 $ 12,000 1985 199,793 211,793 7. Amount Available for Other Use $ -___ 10182,539 � 9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. y RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -I (PARK SHELTER IMPROVEMENT PROJECT NO. 1983 -10) WHEREAS, pursuant to written Contract 1983 -I signed with the City of Brooklyn Center, Minnesota, Crowley Company has satisfactorily completed the following improvement in accordance with said contract: PARK SHELTER IMPROVEMENT PROJECT NO. 1983-10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract and change order is accepted and approved. As Approved Final Amount Original Award $69,800.00 $ 69,800.00 Change Order (325.00 (325.00 TOTAL $69,475.00 $ 69,475.00 2. The value of work performed is equal to the sum of the original contract and change order. 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 $69,475.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. g Member introduced the following resolution and moved its adoption: � RL'•SOLUTION N0. ..,,` ACCEPTING QUOTATION FOR PURCHASE OF MICROFILM READER /PRINTER MUIZEAS, the following quotations have been received for the purchase of a Canon NP 580 microfilm reader /printer: Company Quotation International Office Systems $5,515.00 Innovative Micrographics, Inc. $6,650.00 Active Micrographics, Inc. $7,129.00 AND, WHEREAS, the quotation submitted by International Office Systems is the lowest responsible quotation; and WHEREAS, International Office Systems has also submitted a quotation of $1,090.00 to furnish accessory equipment consisting of a 16mm lens and carrier: NOW', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the quotation submitted International Office Systems to furnish a Canon NP 580 microfilm reader /printer for $5,515.00 and their supplementary quotation to furnish a 16mm lens and carrier for $1,090.00 is hereby accepted. The City Manager is hereby authorized and directed to proceed g Y p with said purchase Date Mayor ATTEST: C ler The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY B163 ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 - 5440. CENTER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 12, 1984 RE: Recommendation to Purchase a Microfilm Reader /Printer for the Engineering Department The 1985 budget for the Engineering Division includes $9,200 for the purchase of a microfilm reader /printer. he purpose of the microfilming system is threefold, i.e.: 1. to provide a primary reference source for access to construction plans, documents and other records 2. to provide a security system for these records (one set of records will be avaiable for day -to -day use, while a second set will be stored in a secure remote location) 3. to facilitate the sharing of information with other departments and the public. Recommendation: It is recommended that the City purchase a'Canon NP 580 microfilm reader /printer from International Office Systems Inc. (IOS). We feel that the Canon NP 580 best meets the needs of the Engineering Department for the following reasons: 1. The Canon NP 580 accepts the micrographic forms currently used in the City (35mm jackets, microfiche and 16mm, roll film) and also accepts other micrographic forms that may be used in the future (16mm jackets, 35mm aperture cards and 35mm roll film. 2. The Canon NP 580 can make 11" x 17" ( "C" size engineering drawing) prints. , , , 7lc e $a.Ket�suc9 �t1 a �� „ 3. The Canon NP 580 makes prints on plain paper which is better suited to our needs for the following reasons: a. Plain paper sizes 8-1/2 x 11" and 8-1/2 x 14 are currently stocked by the City. We will need to stock 11" x 17" plain paper. b. Plain paper is not subject to fading or darkening as experienced with certain types of treated paper. c. Plain paper does not have a "waxy" finish like treated paper and readily accepts inks and pencil leads that may be used to make notations. d. Plain paper is less expensive than treated paper. We have received three quotations on the Canon NP 580 microfilm reader / printer. The equipment quotations are summarized as follows: Company Bid Price n International Office Systems $5,515.00 Innovative Micrographics, Inc. $6,650.00 Active Micrographics, Inc. $7,129.00 International Office Systems is an authorized Canon dealer and has been in business in the Twin Cities area for more than 20 years. They provide training and support for their products. It is noted that all bids were well below our budget amount. This reflects the effect of new competition in this type, of equipment. We recommend purchase of the Canon NP 58O microfilm reader /printer from International Office Systems for the price of $5,515.00. In addition to the basic price we recommend purchase of a 16mm lens and carrier at $1,090 for a total equipment cost of $6,605.00. A resolution for this purpose is provided for consideration by the City Council. Respectfully submitted, 2 Y Member introduced the following resolution and moved its adoption: RESOLUTION N0. APPROVING PLAN LAYOUT FOR IMPROVEMENT OF IN'T'ERSTATE HIGInVAY 694 BETT T.H. 100 AND I -35TV 1% EREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 393 renumbered as Trunk Highway No. 694 within the corporate limits of the City of Brooklyn Center, from T.H. 2S2 to East Corporate Limits; and seeks the approval thereof; and IiiEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 15 S.P. 0285 -47, S.P. 2787 -12 and S.P. 6285 -93 (694 =393) from T.H. 2S2 to T.H. 351% NOW, THEN, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that said relimina la youts for the imp rovement of said Trunk Highway P rY Y �P g Y with the corporate limits be and hereby are approved. lie Date Mayon 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 c1 moved its adoption: , lie RESOLUTION N0. REQUESTING T11E MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCORPOPAIT: CERTAIN DESIGN FEATURES INTO CONSTRUCTION PLANS FOR THE DIPROMiT1VT OF INTERSTATE HIGH11AY 694 BET1VEEN T.H. 100 AND I- 351V WHEREAS, the City Council of the City of Brooklyn Center has this date p lan for the adopted a resolution approving the prelim out u z'Y Y P p pP g P improvement of Interstate Highway 694 from T.H. 100 to I -35W; and WHEREAS, the City Council wishes to assure that detailed construction plans to be developed by the Minnesota Department of Transportation for the project will contain certain design features to assure (1) the proper and safe operation of that facility, (2) its integration with the Comprehensive Plan for the City and (3) coordination with the needs and plans of adjoining municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City of Brooklyn Center hereby requests TN /DOT to incorporate the following design features into the construction plans for said improvement: 1. redesign of the exit ramp from Westbound I -694 to Northbound T.H. 252 to facilitate the the ability of vehicles to make a left turn at 66th Avenue North 2. the addition of a pedestrian /bicycle trail facility to the I -694 bridge across the Mississippi River. BE IT FURTHER RESOLVED: 1. that Brooklyn Center staff is hereby authorized and directed to compile supporting data for these requests and to submit such data to MN/DOT; and 2. that the Hennepin County Park Reserve District, the Anoka County. Park Board and the Fridley City Council are hereby requested to support Brooklyn Center's request for installation of a trail facility on the Mississippi River bridge. Date Nhyor s ' ATTEST Clerk 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. I i CITY OF 6301 SHINGLE CREEK PARKWAY r T YN BROOKLYN CENTER, MINNESOTA 55430 1J TELEPHONE 561 -5440 CENTER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 13, 1984 RE: bit /DOT Plan Layout for Improvement of Interstate Highway 694 _Between T.H. 100 and I -351q MN /DOT has submitted a plan layout and a "Project Path Report and Environmental Assessment" for upgrading I -694 between Brooklyn Center and Arden Hills. A copy of the location map and of the report is attached. Engineering staff has reviewed this proposal. We recommend approval of the layout (a resolution for this purpose is provided for consideration by the City Council). Ile also recommend adoption of a follow -up resolution whereby the City requests MN /DOT to incorporate certain design features into the final plans for this project, i.e. 1. Incorporation of a design modification which facilitates the ability of tVestbound vehicles on I -694 to turn North on T.H. 252, then turn left at 66th Avenue. (Note: This is now a very difficult manuever during rush hours. And, it is expected to get worse with the upcoming improvements to T.H. 252) 2. The addition of a pedestrian/bicycle trail crossing facility to the I -694 bridge across the Mississippi Rivera (Note: This link is included in Brooklyn Center's Comprehensive Plan - see attached map from that plan) We recommend adoption of this ,2nd resolution requesting at least these two features. If the City Council wishes to request additional items the resolution should be amended to include those items of concern. Respectfully submitted, Figure 13 - _ ♦♦ jN \ y{/ /t /ttN / /N<Nt // /itNtN /\ /�tNt/\t/N 7 fm e o M+Yr�. ♦ 41�N/N v ;�. 4� ELK Y�♦: F- z �. ., , u^ o t % _ g 4 t11 OF ni � � "'ate' -.tea fin; ") --°y. ?. �-"_"� ■ � �6 y � I I �� N T ��� - LG'_ � ` TWf4 � +;. ' 'T '��Y� "- ■ .. � y + � � i � y. f � 8 � `: 3 l 2 y. . � ■ .V uWt. L PROPOSED TRAKWAY @ I EXISTMG SIDEWALKS eV PROPOSED SIDEWALKS CROSSING RYAN l•RE T ^ =, sidewalks and 1_� Trailways om rehensive Plan � t®l U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION PROJECT PATH REPORT AND ENVIRONMENTAL ASSESSMENT prepared by State of Minnesota Department of Transportation Division of Highways for State Projects 0285 -47, 2787 -12 and 6285 -93 Minnesota Project IR 694 -5( ) Reconstruction of 1-694 between TH 100 and I-35W in Brooklyn Center, Hennepin County,- Fridley, Anoka County, and New Brighton and Arden Hills, Ramsey County Submitted pursuant to 42 U.S.C. 4332(2) (c) District Engineer Approval Date Assistant Commissioner Operations Division Approval Date Assistant Commissioner - Technical Services Approval Date Federal Highway Administration Approval Date I PROJECT PATH REPORT AND ENVIRONMENTAL ASSESSMENT TABLE OF CONTENTS PAGE LOCATION MAPS iii —iv PROJECT IDENTIFICATION 1 INTRODUCTORY SUMMARY 1 Purpose of Report 1 Purpose of Project 1 Possible Impacts 1 PROJECT DEVELOPMENT PATH 2 Path Selected 2 Federal Action Determination 2 State Environmental Review 2 Time Schedule 2 Fundin 3 Project Manager 3 PROJECT DISCUSSION 4 Need 4 -5 Objectives of Project 6 Existing Roadway 6 Existing Bridges 6 Transportation Demand 7 Safety 8 Accidents - 8-9 Slope Analysis 10 -12 Proposed Improvements 12 -14 Systems Considerations 14 Parallel Routes 15 Traffic Management System 16 Right -0f —Way 16 Alternatives 16 No Action 16 Preferred Alternatives 16 Public and Agency Involvement 17 Public Hearing 17 City Involvement 17 MLssissippi River Critical Area 17 i Railroad Agreement 17 Permitting Agencies 17 ' Minnesota Intergovernmental Review 17 ENVIRONMENTAL ASSESSMENT 18 Setting 18 Social and Economic Impacts 18 Consistency With Outside Agency Plans 18--19 Growth- Inducing Potential 19 Displacement 19 Travel Patterns and Access 19 Transit 19 Public Safety and Emergency Services 20 Traffic During Construction 20 Utilities 20 Navigation 20 Economic 20 -21 �Th Environmental Impacts 21 Air 21 -22 Noise 22 Water Quality 23 Lakes and Waterways 23 Wetlands 23 Floodplain 23 -24 r: Erosion Potential 24 Farmlands 24 Vegetation 24 Unique Vegetation /Habitat 24 Fish and Wildlife 24 Endangered Species 24 Historic Preservation 25 Section 4(f) Properties 25 APPENDIX Accident Summary Table Cost /Benefit Analysis Air Quality Analysis Noise Analysis ii .ji � f VIA I .: •wri i. �� � r T I IN ,1-v� SP 2787 -12 SP 0285--47 SP 6285 -93 are _ : 1 MISSISSIPPI ST. AR E . cc -'�, :`, ''"``.....: 73RD iwE •. HILL - Dalmer '' 252 u ' i Pop. 30,228 , ^ " ng 10 POP. ac :.ake AVE + Rush � 96 a ; .. Moor �u�� °`y :j Lake Lake `' <t�- ( Y , 1 aF - < 52 'a'- 65TH N. y ) O ` 14TH ST. Lake :: ourL 5s La Pike BR OO Y ,,� 694 n ke ` 1 1� o, A.P. F.Q.I. CENTER o 94 I ^� POP. 31,230 59T AVE C ;,:; '�. ".. ,...r )THST. G �. ,R � I 104 52 / 43> W ' Valen'tine' u 57TH i G : :.z-: ! i„�� ; 46 Lake N. �'� F fiU :: ': NEW y '-- J.... 4 RIGHTO :y 152 t55THAVE w 49TH : �, tot .23,204 v1 1':fALL r _E � ;53RD :J AL :?• 4:'' S OP •� .::.... CO. R0. E Roilr� . ..... ..... .......... poplar .' OL s BIA 2 < I L. "-L— 49TH A N. HEI TS Silver' , Io ;..... POP. 20.024 ::: ' 7j► '• f.AL. Lalrsr. rot •. ��, • f':. _._. " . ., 47 65 ...:?1.E:':.. �' ✓CO F.A.U.'t R w A T . aL^ �; •.v, .37T 3INSDALE , 44TH AVE N Y '= �' ' F �u" SAINT I ` ,422 ?I t'42ND AYE N. 'S ' _� �N ! .�3. THONY Langtor top 7481 0 5 L . 33RD AYE N. E r crystal Lake z} OOWLIN .<. AVE se N. i� ?3 t :�� .J f Fa U.� CD. a0. . G Y z 29TH AYE ' N.E. - '. z 29 AVE. . :3 VE , I M I N ' N Eg 0 L I S BLVD- O c \ ` LOWRY AVE. 1 LOWRY AVE IRE FAL pop. 370,931 •+ t� I .� �.� dC�"'� �G AVE IR 94 1 N X04 C 29TH ?' AVE O �• IM E � ; 25 �o, , ( 13711 5 ::: for ER DALE a M 1 93 . SCALE: ONL MILE PROJECT LOCATION MAP iv PROJECT IDENTIFICATION This,project consists of upgrading 1 -694 between TH 100 and I -35W, a length of approximately six miles passing through the cities of Brooklyn Center in Hennepin County, Fridley in Anoka County, and New Brighton and Arden Hills in Ramsey County. ' The. major improvement will be the add- ' ition of a third lane in each direction to the present four -lane divided freeway. Related improvements will consist of rehabilitating the existing pavement, modifying interchange connections, widening and redecking bridges carrying I -694, replacing the Burlington Northern (BN), Inc. bridge over I -694, expanding the existing Traffic Management System, and revising the signing and lighting. INTRODUCTORY SL14MARY Purpose of Report The purpose of this report is to document the process used to select the project development path and to identify and assess potential social, economic, and environmental effects. Purpose of Project The purpose of this project is to increase the capacity of I -694. Increased capacity will reduce the delays, congestion, and congestion- related accidents that presently occur on this route. The r predicted increase of traffic volumes by the year 2004 will be more readily accommodated by the capacity improvements provided by this project. Possible Impacts This project is not expected to result in any signifi- cant adverse social, economic, or environmental impacts. A small amount of additional right-ofway may be required for bridge or interchange modifications; no displacement will occur. Traffic will experience some additional delays during the construction period. 1 PROJECT DEVELOPMENT PATH Path Selected A moderate level path has been selected for this project because the nature of the work meets a State mandatory EAW category and because of the potential of air quality and noise impacts and the possibility of right -of -way acquisition. Federal Action In accordance with 23CFR Part 711, the proposed Determination improvement will be pursued as a Class III action requiring the preparation of an Environmental Assessment (EA). The EA is included as part of this report. A Finding of No Significant Impact .(FONSI) by the Federal Highway Administration (FHWA) will be requested if no potentially significant environmental impacts are discovered. State Environmental This project meets or exceeds the threshhold of Review Mandatory EAW category 6MCAR S3.038 U.2,'construc- tion of additional travel lanes on an existing road for a length of one or more miles. This Project Path Report /EA will function as a vehicle for review through the Alternative State Environ- -- mental Review Process proposed by the Minnesota Department of Transportation (Mn /DOT) and adopted by the Minnesota Environmental Quality Board (MEQB) on August 18, 1983. Time Schedule Preliminary Layout Staff Approval March, 1984 Project Path Report /EA Approval December, 1984 Opportunity for Public Hearing February, 1985 Finding of No Significant Impact April, 1985 Study Report Approval June, 1985 Contract Letting October, 1986 Construction Completion November, 1988 2 Funding The estimated cost of this project is $14.1 million. Funding will be provided through -the Interstate Replacement Program with the cost proportioned 90 percent federal and 10 percent state. Project Manager Robert S. Brown, P.E. Transportation Planning Mn /DOT - Golden Valley District 2055 North Lilac Drive Golden Valley, Minnesota 55422 Telephone: 612 545 -3761, extension 156 3 PROJECT DISCUSSION Need I -694 presently experiences severe congestion and traffic delays during peak traffic periods. These peak periods last for two to four hours per day and occur in both the AM and PM and in both east- and westbound directions. Extended periods of traffic congestion also contribute to a higher accident potential because of the increased number of rear -end accidents that occur in stop - and -go congested traffic. Traffic on I -694 is projected to increase significantly by the year 2004. With- out an increase in capacity, traffic growth will exacerbate the current problems experienced on 1-694. The length of peak traffic periods and congestion- related accidents will increase propor- tionally with the volume. The narrow lateral clearances under the BN, Inc. railroad bridge between CSAH 1 (East River Road) and TH 47 form a capacity constraint on I -694. The lack of adequate shoulders and lack of auxiliary lanes for the weave movements between CSAH 1 and TH 47 increase congestion and accidents in this area. The roadway surface and bridge decks are in a state of deterioration. A high level of main- tenance operations on the roadway add to the congestion and increase the risk of accidents. The deteriorated roadway surface also causes pre - mature wear on vehicles themselves. 4 The social and economic costs of the present situation on I -694 are significant. Loss of time for private, commercial, and emergency vehicles; a higher accident potential; additional wear and fuel use caused by stop- and -go driving; and increased maintenance costs for vehicles driving on the deteriorated surface are all part of these costs. The cities along the I -694 corridor and the Metropolitan Council, the regional Metropolitan Planning Organization, recognize the problems posed by I -694 and support improving the facility. 5 Objectives of Project The objectives of this project are to improve the capacity and the physical integrity of I -694. Increasing the capacity will reduce traffic delay, congestion, and related accidents. Rehabilitating the roadway will halt deterioration, extend the life of the pavement, and will provide a better surface for vehicles to traverse. The social and economic costs of congestion and traffic delays and of driving on the deteriorated surface will be reduced. Existing Roadway I -694 was constructed in 1965 on the alignment of former TH 100. It is a four- lane, divided, rural - design freeway with a depressed grass median. Lane widths are 12 feet and the paved shoulder ` widths are 10 feet outside and three feet inside. The design speed is 70 mph and the posted speed limit is 55 mph. All intersections are grade- separated. The portion of I -694 west of the Mississippi River was reconstructed in the early 1980's along with the construction of I -94, which comes from the south and continues west, coincident with I -694. The BN, Inc. bridge between CSAH 1 and TH 47 forms a physical constriction of I -694. The lateral clearances are 3.5 feet and 4.33 feet from the inside and the outside edges of the traveled lanes to the adjacent bridge piers. The "tunnel" effect of the bridge and the resultant inability to accommodate auxilary lanes between CSAH.I and TH 47 forms a significant capacity restraint on I -694. Typical sections of mainline 1-694 and I-694 under this bridge are shown on the following page.. 6 1 12' 12' 3' -- 3 --12' 2'— II -� 0' r i 1 3 BN. INC. BRIDGE NO. 6493 4.33 3.5' 3.5' 4.33' 12' ) 2' 12' 12' Transportation Demand Traffic counts along 1 -694 were taken in April, 1984. With the appropriate ad justment factors applied, these counts revealed an Average Daily Traffic (ADT) volume as high as 116,000 on the Mississippi River bridge. At Matterhorn Drive, a representative midpoint along the proposed project section of 1-694, the 1984 ADT is 70,100. A Transportation Analysis, TA-M 313, completed in July, 1984, shows projected future volumes along I -694. Projected volumes for the year 2004 are shown below compared with 1984 volumes. 1984 ADT 2004 _ADT % Increase at Mississippi R. 116,000 140,000 21- at Matterhorn Dr. 70,100 102,300 46 IVolumes projected by TA -M 313 reflect the influence of TH 610 (Northtown Crosstown), the new major river crossing currently under construction five miles north of I -694. I -694 presently operates at capacity up to four hours per day. The peak traffic periods occur in both the AM and PM and in both east and westbound directions. Traffic flow during these peak periods is not acceptable. Congestion and delays with stop and go traffic are the typical conditions experienced during these periods. Without an increase in capacity, growth in ADT as projected will result in proportionately longer peak periods of operation at capacity with further deterioration of operation of the freeway. Safety Accidents A study of I -694 mainline accidents occurring in 1983 revealed 227 accidents on the segment from the Mississippi River to I -35W.- Of this total, 40 percent were rear -end and 37 percent were side- swipe type accidents. The graph in Figure 1 on the following page shows the distribution of these accidents by time of day. With the exception of .a late-night drinking- influenced peak, the volume of accidents coincides closely with the extended peak traffic periods experienced along this congested section of I -694. A calculation of the accident - reducing potential of this project shows that 31 percent of the main - line accidents could be eliminated with the add- ition of a third lane. This (eduction translates into a monetary savings of almost $390,000 per year.. (See Accident Summary Table in Appendix.). 8 tY U ; U .�•, ti •r: :.w:r {:is r:r..;:tir. irr ` .•r::i�:. ;,vr it r ; r •n+ xrrrr.r .. r_�J 3 , rr r. "t'' ie.• �:: r ;. r t': t \ ..r rn ... (.V LL'I .x n• , }rrrir �r h rr' H7 nn •• . \�xr.r, r ,• '} 7! N:f 'n'' ( { {. x };.: 'r.M 'ir iI rr: rN rrr .!• • rrrrrr r:r rY Y rr r:r Y.•rrr ,;� rfr • r rrr: {rr, ;'•{ 0 } p) k— ca n x yr , v; �\ n: . x, ,r r.-0 r .v a r •x ;rrr: x , w ME x , , } ( (.; H Q. ~ x n` `ri rti rr r , n n rrn « r tr;;r rr :r f n , •h yr r• rr rrr ' H + • r nv, „ vrr v r nr r. rrr rrr yr r. :. :; •. fxr:r r mrx , •" , � txrr rrrrH r rx •r 'rm w : k n• rrrrr:: yr . x rr , r r •� , , hvr. rrr rrrxrr . x rc' t9 W H 677 a9 H-- Ln rd .+ .. rm rr v riv ..v v, ry }`r 'tr rrr v r, v n;: r ::: ' r . ZU) .l vwYir �yirv�'v r: 1: �yttr: wii x ra ••,Y � y:' . r •rr w Al 04 W { t r m W rrrrr r r. n av .,r .; r , :•� rrrrr r {rr ,vr rr - iM 1 •• ; el ,w�.�i�4rg�t'!:t•:..t. ?Y,... „ { :r t :n•,v•:a•::. a ,.r.vr;; xn•r •.::. yr v. v •.r. ,v, , n rrr r• U W - �� � � rrr . r. `•rr J LL1 r r7) ,rt- n•� ty •) •rr •nH� r : • • ,, • • rrr • ' t� •rr nv r, \i. F`•i ' ', r rfrrf .,Y }A'I AY fr ifA• !r� '! i x Y U o n- co .r r W 4- tr , n� {: • iir rr/r' irii`rr E. rrr :n r r�, r ...... ....::: { •. EU Q IH R -. rrrlrr r•' • .x x tr tr {{ rx ~ :: t .:: eu ss►t H am rm sm M : rr • ;�; a CA C*4 tu. V7 Figure 1 9 Slope Analysis The inplace side slopes along Iy694.are 4:1 at most locations. Some spot locations with might -of -way or other physical constraints are as steep as 2:1. To study the effects of flattening the side slopes - to 6:1, an analysis of off -road accidents was performed. The accident analysis was conducted along the five -mile I -694 corridor from the Mississippi River to I-35W. This analysis covered the one -year period of 1983; the previous several years were not included because of disruption in normal traffic flow due to construction activities along ` the highway corridor. Accidents in the median were not included because this project replaces the present depressed median with additional traffic lanes and a median barrier, making any comparison study moot. This analysis revealed only one off -road accident in which the side slope could be implicated as a contributing factor. A Cost /Benefit Analysis reveals a poor return on investment for flattening slopes from 4 :1 to 6:1 ' along this five -mile segment of I -694. Following the Cost /Benefit Analysis procedures based on accident history shows that $201,465 is theoret ically justifiable for a slope flattening project in this area. (See Analysis below.) Flattening slopes on I -694 has been estimated to cost almost $1.5 million for the earthwork and turf establish - ment alone. This figure does not include any amount for the additional right -of -way that would be required nor for the construction of retaining walls, culvert extensions and drainage system modifications, utility relocations, revisions to signing, lighting and traffic management devices, 10 or landscaping. The total cost for slope flatten- ing would probably be several times the $1.5 million estimate for earthwork and turf establish - ment, compared to a projected benefit of $201,465. Based on this preliminary study, slope flattening does not appear_ to be justifiable. Guardrail to protect steep slopes is presently inplace or will be installed with this project at all locations where its use is warranted. If a future accident problem should develop at a particular location, additional safety measures including slope flattening or guardrail install - ation can be considered. If further studies indicate some slope flattening may by justified, the impacts and scope of such work will be appropriately addressed. Cost Benefit Analysis / y During the one -year analysis period one accident occurred along this five -mile section of I -694 that could be attributed to steep side slopes. This accident involved a physically-impaired, drinking driver who rolled over a vehicle, result- ing in a personal injury. The Cost /Benefit Analysis guidelines state that all injury accidents are to be valuated at $21,058 each, and flattening slopes from 4:1 to 6:1 is estimated to reduce accidents by 47.4 percent. In this case, the yearly benefit would equal $21,058 /accident x 1 accident x 0.474 a $9,981. Evaluated over the 20 -year analysis period, this figure must be _multiplied by a Traffic Growth Adjustment Factor, which for this example has been estimated at 1.23. 11 Thus, the Adjusted Annual Benefit for slope flat - tening on 1-694 is $12,277• As described on the Cost /Benefit Analysis sheet (see Appendix) the total justifiable expenditure for a slope safety project equals 16.41 times the Annual Benefit. To meet these criteria, costs for slope flattening on this project cannot exceed 16.41 x $12,277 or $201,465. Proposed Improvements This project entails the modification and recon- struction of 1-694 from TH 100 in Brooklyn Center to 1-35W at the New Brighton /Arden Hills corporate limits, a distance of approximately six miles. The major portion of the work will be east of the Mississippi River. The proposed improvements to 1-694 include the following: Construction of a third lane in each direction from the Mississippi River east to Z -35W, a distance of approximately f ive miles. The widen - ing will be constructed in the present depressed median between the east and westbound lanes; between TH 47 (University Avenue) and TH 65 (Central Avenue) the widening of the westbound lane will be constructed on the outside (north side) of the highway. (See Typical Section below.) rt RECONSTRUCTED 1 -694 10' 12' 12' 12' 10L-- 12' 12' 12' 10' Construction of a concrete median barrier to divide the east and westbound lanes. This barrier will replace the present grass depressed median. Rehabilitation of the existing pavement between the Mississippi River and I-35W. This will con — sist of panel and joint replacement and other pavement repairs deemed necessary to restore the condition of the 20— year -old roadway. Modification of interchange connections where appropriate to accommodate the widening and to improve geometries where possible. Widening and replacement or repair of deteriorated decks on the following bridges (listed west to east) 6440 and 9321, eastbound and westbound over the Mississippi River; 9862 and 9861, eastbound and westbound over -- - - CSAH 1 (East River Road); 9864 and 9863, eastbound and westbound over TH 47 (University Avenue); ` 9854 and 9853, eastbound and westbound over MSAS 312 (7th Street); 9866 and 9865, eastbound and westbound over TH 65 (Central Avenue); 9602 and 9601, eastbound and westbound over I -35W. Widening of piers on Bridge 6440 and widening or replacement of piers on Bridge 9321 over the Mississippi River. (The extent of such modifications will be determined further during the design phase of this project.) 13 Replacement of Bridge 6493 carrying the BN, Inc. railroad over I -694. The new bridge will be longer to accomplish the dual objectives of accom- modating the two additional lanes and providing increased lateral clearances. Expansion of the existing Traffic Management System to incorporate the additional lanes and any -., changes necessary due to geometric modifications at interchanges. Additional system elements will be considered during the design process. Revision of the signing and lighting to conform with the reconstructed roadway. Systems Considerations I -694 is the northern segment of a freeway ring route circling the Minneapolis /St. Paul metro - politan area. I -494 comprises the southern segment of that route. I -94 and I -35W at the west and east ends of this project act-as radial _. freeway routes to the interior of the metropolitan area. The Metropolitan Council and Mn /DOT classify I -694 as a Principal Arterial. Principal Arterial road- ways are defined as providing a high level of mobility connecting all urban subregions with one another. While I -694 provides the appropriate physical connection, the level of mobility 'pro- vided at times more closely resembles a parking lot. 14 The Metropolitan Council recognizes the need to improve this segment of I -694, citing it as an element of "Major Construction Needed to Complete the 1990 Highway System." Furthermore, the Trans - portation Advisory Board of the Metropolitan Council has adopted the recommendations of the Major River Crossings Task Force which ranks the I -694 bridge second in its priority list of existing bridges needing action. (The first bridge in that ranking, I -35W over the Minnesota River, is currently under construction.) The Task Force refers to the North Mississippi Corridor, served by the I -694 crossing, as one of the two top priority corridors in the Metropolitan Area. Parallel Routes The closest continuous parallel route to I -694 is CR 8 /CR 3, three miles north. This route extends only between CSAH I and just east of I-35W; it does not cross the Mississippi River nor does it connect to any major highway further east. Five miles north of I -694, TH 610 is under construction and is scheduled to open in 1 -987.. TH 610 will cross the river and connect to major highways to the west and east but is too far from I -694 to be considered part of the same transportation corridor. South is CR 9 /TH 152 west of the river and St. Anthony Parkway east of the river which meet at the Camden River bridge, almost four miles south of I -694. St. Anthony - Parkway is closed to all truck traffic making this route unsuitable as a major transportation facility. 15 ` Traffic Management The Traffic Management System (TMS) on I-694 is System presently inplace between TH 252 (West River Road) and Matterhorn Drive. The TMS encompasses embedded traffic detectors, closed- circuit television monitors (operational by 1985), ramp metering, and changeable message signs. The function of the TMS is to provide traffic surveil- lance and control abilities in order to maximize the safe traffic - carrying capacity of the highway. This project will expand the TMS to incorporate the additional lanes and any other geometric modifications. Additional system elements will be considered during the design process. Right -Of -Way No access changes or relocations will be required by this project. A small amount of right- of-way may be required for bridge or interchange modifi- cations to minimize the need for retaining wails. The use of walls to minimize right -of -way require - ments will be studied during the project devel- opment process. Alternatives No action would fail to solve the existing and future No Action transportation problems on I -694. Capacity constraints would remain and the roadway would continue to deteriorate. With increased future demand, traffic conditions would deteriorate resulting in longer peak traffic periods with increases in congestion and accidents. As drivers reached their threshold levels with conditions on I -694, many would seek alternate routes, resulting in a diversion of through traffic to the local street system. Preferred The preferred alternative is the proposed recon- Alternative struction of I -694 as described in this report. 16 Public and Agency Involvement Public Hearing An opportunity for a public hearing will be offered x in February, 1985. City Involvement The major portion of this project lies between the Mississippi River and 'I -35W. This five mile section passes completely through the cities of 4 Fridley and New Brighton. The small amount of work beyond these limits occurs in the cities of Brooklyn Center and Arden Hills. This project is located within the existing I -694 corridor and, as such, jurisdiction lies solely with Mn /DOT. The cities along the project corridor will be formally contacted for review and comment on the proposal. Mississippi River This project is located within the Mississippi River t Critical Area Critical Area corridor. Brooklyn Center and Fridley each have a Critical Area Plan and are responsible for controlling activities within the corridor. t. This project will be coordinated with the cities to ensure compliance with each city's Critical 3 Area Plan. Railroad Agreement An agreement is being negotiated with Burlington Northern, Inc. regarding the design details of the new railroad bridge and the locations of two temporary shooflies over I -694. Permitting An Indirect Source Permit will be obtained from the Agencies Minnesota Pollution Control Agency (MPCA). - Minnesota Inter This project will be included in the 1985-1987 governmental Transportation Improvement P rogram for the Rain l Review Cities Metropolitan Area, which is expected to be .a reviewed and approved by the Metropolitan Council in December, 1984. 17 ENVIRONMENTAL ASSESSMENT Setting This segment of I -694 is located in a first -ring suburban area north of the Twin Cities. The land adjacent to I -694 has a wide variety of uses, including industrial, commercial, residential, and parkland. The industrial use is concentrated along two railroad lines that cross 1-694, one in Fridley and one in New Brighton. The commercial users are primarily retailers and restaurants that line the north -south crossroads. Residential neighborhoods are spread along the entire corridor. Several churches are adjacent to the freeway. Pike Lake and Long Lake, both in New Brighton, are next to the freeway. Long Lake has a narrow park between it and the freeway; this park is separated from I -694 by a substantial noise abatement wall. Land along the I -694 corridor is fully developed. The remaining property in the involved cities is 80 to 90 ` percent developed. •- Social and Economic Impa Consistency With This project is consistent with the Comprehensive Outside Agency Plans of the cities along the corridor. Fridley, Plans one of the two cities bisected completely by I -694, expresses concern in its plan about the adverse effects that increased 1-694 traffic demand could have on its local traffic circulation and encourages efforts to improve I -694. New p Brighton, the other city bisected by I -694,' recommends upgrading the freeway to six lanes in its comprehensive plan. This project is well within the Urban Service Area, as defined by the Metropolitan Council. Development of the area served by this segment of I -694 is part of the planned orderly growth of the a, a 18 metropolitan area. The Metropolitan Council Development Framework Policy Guide expresses a preference for the improvement of existing facilities'as opposed to the construction of new highways in new corridors. This project is con- sistent with that policy. The Council recognizes the need for this project by including it in "Major Construction Needed to Complete the 1990 Highway System and by adopting the recommenda- tions of the Major River Crossings Task Force. Growth-Inducing The segment to be improved is on an existing Potential circumferential route well within the developed metropolitan area. The improvement of I -694 will not contribute to pressure to expand development beyond this area. Displacement A small amount of right -of -way may be required for bridge or interchange modifications. There will be no displacement of people, businesses, or farmlands. Travel Patterns This project will not change travel patterns or' and Access access since it is only the reconstruction of an ., existing roadway. No new access points are planned which could change existing travel patterns. Present travel patterns will be perpetuated during the construction period. Transit Express bus routes are located on some of the major roads crossing I- 694. No bus routes use I -694 itself. This project will have no adverse effect on transit. 19 Public Safety and Presently, public safety and emergency vehicles Emergency must cope with the same traffic congestion and Services delays that affect all peak - period traffic. Although this project will not extend any prefer ential treatment to these vehicles, the improve- ment in overall traffic flow will expedite the delivery f saf and eme services to the ry y g y general public. Traffic During Traffic will be maintained on the existing roadway Construction during the construction period. Temporary lane closures will be necessary. No detours will be needed. I I Utilities Various underground utilities pass through the project area. Any utilities disturbed during construction will be adjusted or relocated. Navigation No commercial use of the Mississippi River occurs under the I -694 river bridge; however, the river does attract recreational users. No .hindrance to navigation will be presented either during or after construction. Economic This project is expected to have no significant economic impact on the surrounding communities. Commercial development in this area is nearly complete. This project is only the reconstruc- tion of an existing facility to meet demand requirements and will incorporate no new access points. No impetus for accelerated economic development will be provided. 20 Without the additional lanes provided by this project, capacity constraints on I -694 could force drivers to seek alternate routes, therefore increasing local traffic and congestion. This, in turn, could reduce the attraction of local commercial areas and result in some loss of business. Environmental Impacts Air An Air Quality Analysis has been performed analyzing the effects of this project on Carbon Monoxide (CO) concentrations. In conjunction with MPCA, three receptor locations along 1-694 were selected for this analysis. These receptors have been analyzed for both the Build and No —Build alterna tives for anticipated traffic conditions in the years 1990 and 2000. The results of this analysis using worst —case assumption at the receptors and assumed background concentrations, showed CO levels well below State and Federal air quality standards. Because this project will facilitate a projected increase in average annual daily traffic volumes by over 10,000 vehicles per day within 10 years of completion, an Indirect Source Permit (ISP) will be required. Monitoring of actual background concentrations will be performed in conjunction with the application for the ISP. The complete Air Quality Analysis is included in the Appendix of this report. 21 This project is in an area where the State Implementation Plan (SIP) is required to contain transportation control measures. The transportation planning process was reviewed by the Federal Highway Administration (FHWA) on November 12, 1981, and the transportation plan was determined to conform to the SIP which was approved by the Environmental Protection Agency on June 16, 1980. The Transportation Improvement Program (TIP) was determined to conform to the SIP on January 18, 1982. This project was included in the transportation plan and the TIP, both conforming to the SIP. Therefore, pursuant to 23 CRF 770, this project conforms to the SIP. x Noise This project is considered to be a Type 1A project (construction or reconstruction of a highway section with full or partial access control) as defined in FHPM 7 -7 -3. A Noise Analysis for this project was performed and is included in the Appendix of this report. No new noise abatement is planned on this project. Nine areas have inplace noise abatement in residential areas and are in compliance with Federal Design Noise Levels (DNL). Four areas (S5, S10, N6 and N7) will exceed DNL. Due to economic reasons the need for additional right -of way, and requests of property owners, no noise abatement will be constructed in these areas. All other areas are in compliance with DNL This is documented in the Noise Analysis. 22 Water Quality This project is expected to have no adverse effect on water quality. Existing drainage patterns will be perpetuated. The level of the Mississippi River and the water table will not be affected in any way. Lakes and This project will have no adverse impact on surface Waterways waters. Wetlands There are no wetland involvements in accordance with the implementation of Executive Order 11990. Floodplain This project is located in a floodplain of the Mississippi River. The impacts on the floodplain have been studied according to the provisions outlined in FHPM 6 -7 -3 -2 with the following results: There will be no increase in risk, such as, flood damage potential or hazard to life. The proposed bridge will provide similar flood water conveyance as the existing bridge. The project will have no significant adverse impact on floodplain values. Contractors will adhere to Mn /DOT specifications regard ing erosion control and pollution of public waters. e The project will maintain the current access conditions and does not support incompatible floodplain development. Areas disturbed during construction will be restored to their previous state. Areas susceptable to erosion will be adequately protected. 23 Based on these findings, this project is not considered to be a significant encroachment, and therefore, this project complies with Executive Order 11988. Erosion Potential Sedimentation and erosion control during construction will be dictated by the proposal and Section 1803.5 of the Minnesota Standard Speci— fications to minimize the potential of erosion damage. Farmlands There are no farmlands involved with this project. Vegetation The depressed median between the east- and westbound lanes of I -694 is presently covered with grass. This median will be paved to provide the addi— tional lanes and median barrier. Between TH 47 and TH 65, widening will occur on the north side of westbound lanes. Any disturbed areas will promptly be reestablished with vegetation to prevent erosion. Unique Vegetation / No unique vegetation or habitat will be impacted Habitat by this project. Fish and Wildlife This project will have no significant effect on aquatic or terrestial life forms. Endangered Species The project is located with the ranges of the Arctic and American Peregrine Falcons as outlined in the U.S. Fish and Wildlife Service Red Book. `The Mn /DOT Wildlife Biologist has determined that the proposed project would not adversely affect the species or their habitat because both species migrate through the state, but neither currently nests here. 24 Historic The State Historic Preservation Officer has been • Preservation requested to perform a review to determine any possible impacts on historic or cultural resources. The results of that review will be published in the Study Report. Section 4(f) This project will not involve any use of lands Properties governed by Section 4(f) of the Department of Transportation Act of 1966. 25 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MINNESOTA PROGRAM DEVELOPMENT, INCORPORATED WHEREAS, the 1985 Brooklyn Center City Budget authorizes the expenditure of $18,000 for continuation of the City's Domestic Assault` Intervention Project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to enter into an agreement with Minnesota Program Development, Incorporated for the purposes of providing services for the Domestic Assault Intervention Project. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the followi.ng voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. F AGREEMENT This is an agreement effective January 1, 1985, between the City of Brooklyn Center, a municipal corporation of the State of Minnesota (hereinafter City) and the Minnesota Program Development, Inc., a duly organized non - profit corporation (hereinafter MPDI). WHEREAS, MPDI has organized a Domestic Assault Intervention Project in the City of Brooklyn Center for the general purpose of intervening in domestic assault cases by providing information and advocacy for victims of domestic assault and by advocating appropriate responses to assailants within the criminal justice and mental health systems; and WHEREAS, City, recognizing its commitment to the exploration and development of appropriate community actions in response to domestic violence has pledged the sum of EIGHTEEN THOUSAND AND NO /100 DOLLARS ($18,000) for 1985, to contract with MPDI for the services of MPDI in accordance with ' MPDI's Domestic Assault Intervention Project; NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the.parties hereto mutually agree as follows: 1. Term: MPDI shall render services to City in accordance with MPDI's Domestic Assault Intervention Project, for a period of one year, beginning January 1, 1985, and ending December 31, 1985. 2. Responsibilities of MPDI: During the period specified in Section 1, MPDI shall provide City with the following services: a. Provide immediate follow -up advocacy to victims whose partners have been arrested through a 24 -hour on -call volunteer /staff advocacy program. b. Provide transportation to emergency housing as needed by victims whose partners have been arrested._ C. Provide legal information and long -term legal advocacy to victims whose partners have been arrested. i f d. Make available weekly educational groups to all women residing in Brooklyn Center who have reported abuse by their partner to the Brooklyn Center Police. Childcare' and transporation to be provided as needed. e. Contact assailants in the jail prior to their court appearance to inform them of resources available to ahem in the community. f. Contact by telephone or mail all persons who have been identified by the Police as victims of domestic abuse. g. Monitor cases through the court system to: i. Identify problems within the court system in providing protection for battered women and placing appropriate legal sanctions on abusers. ii. Ensure that the various persons within the criminal justice system have access to information to respond appropriately to individual cases. h. ' Prepare a quarterly progress report for the City Council in conjunction with the Police Department. 3. Responsibilities of City: a. The Brooklyn Center Police Department shall monitor compliance with existing arrest policy by officers. b. The Brooklyn Center Police Department shall provide Intervention Project staff access to information on individual domestic assault cases except in special cases, such as, on- going investigation of criminal activity or intrafamilial sexual abuse. C. A representative of the Brooklyn Center Police Department shall meet with Intervention Project staff as needed to evaluate program. d. Brooklyn Center Police Department shall assist Intervention Project Staff with preparation of quarterly progress report for the City Council. 4. Compensation. As compensation for the services specified in this - Agreement, MPDI shall receive the sums specified below: January 1, 1985 - $4,500 April 1, 1985 $4,500 July 1, 1985 - $4,500 October 1, 1985 - $4,500 5. Liability MPDI is acting as an independent contractor. Any Project Staff provided hereinunder, or other agents, or employees of MPDI, shall not be employees of City, and MPDI agrees to be responsible for any and all workers' compensation, employee benefits, withholding, FICA, and taxes applicable to such persons. Nothing contained in this Agreement shall render either party an agent of the other for any purpose, or either party liable for any debts, liabilities or obligations of the other, whether now existing or incurred in the performance of this Agreement, and neither party shall have the authority by virtue of this Agreement to represent or bind the other in any manner whatsoever. 6. Insurance: MPDI hereby further agrees to carry and keep in force all applicable insurance. Said insurance shall be with reliable insurance companies licensed to do business in Minnesota. 7. Indemnification: MPDI agrees to indemnify and keep indemnified and defend, hold, and save City harmless from and _against any and all actions or causes of action, claims, demands, loss, damage, or expenses, including reasonable attorney's fees, which City shall or may at any time sustain, precipitate, or incur by reason of the conduct of MPDI or employees, agents or servants of MPDI acting within the scope of and in connection with the Domestic Assault Intervention Project. 8. Integration: This written Agreement constitutes the entire understanding of and fully sets forth the rights and obligations of the parties hereto, and shall not be altered or modified except by an instrument in writing signed by Director of MPDI and City Manager. 9. Services to be rendered pursuant to this Agreement shall be provided regardless of race, color, national origin, religion or sex. IN WITNESS WHEREOF, the parties have caused the execution of this Agreement on their behalf by their duly authorized representatives Approved by the City Council: CITY OF BROOKLYN CENTER BY MINNESOTA PROGRAM DEVELOPMENT, INC.` BY Its Di ctor FL Member introduced the following resolution and moved its adoption: RESOLUTION NO. RFSOLUTION ACCEPTING QUOTATIONS AND A6dARDING CONTRACT FOR THE PURCHASE OF ONE (1) COPY MACHINE WHEREAS, written quotations were received and tabulated for the purchase of one (1) Copier. WHEREAS, quotations received were as follows: Bidder Quotation IBM - Series III - Model 60 $25,275 Kodak - 150 PS $49,478 200 F 49,429 150 F 44,230 Xerox 1075 $47,199 WHEREAS, the quotation received from IBM, Inc., was the lowest quotation meting specifications 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 IBM Inc., in the amount of $25,275 is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption 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 APPROVING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF FOUR (4) POLICE PATP.OL SEDANS WHEREAS, written quotations were received and tabulated for the purchase of four (4) Police Patrol Sedans. WHEREAS, quotation received were as follows: Bidder Quotation Total Cost Thane Hawkins Polar Chevrolet $10,279 ea. $41,116 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the quotation for Four (4) Police Patrol Sedans from Thane Hawkins Polar Chevrolet in the amount of $41,116 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 i.n favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and 9/V moved its adopt=ion: RESOLUTION NO. RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET, TRANSFERRING FUNDS FROM COUNCIL CONTINGENCY ACCOUNT TO POLICE DEPARTMENT MOBILE EQUIPMENT ACCOUNT NO. 4553 FOR MOBILE COMMAND CENTER AND APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR VEHICLE FOR THE COMMAND CENTER ` WHEREAS, the Police Department has requested authorization for purchase of a Mobile Command Center for use during natural disasters and other emergency situations; and WHEREAS, federal matching funds are available for a portion of the cost of the Mobile Command Center; and WHEREAS, the cost estimates of the Mobile Command Center are as follows: Vehicle - $23,000 Equipment - $30,000 Consultant Services for Selection of Mobile Communication Equipment - $6,000; and WHEREAS, the federal share of the cost will be $18,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center as follows: 1. The Finance Director is hereby authorized to transfer the amount of $59,000 from the Council Contingency Account to the Police Department Capital Outlay Account (Mobile Equip- ment Object No. 4553) for the purchase of a Mobile Command Center. 2. The specifications for the delivery of one (1) 14 foot aluminum step van as approved in Resolution No. 84 -177 are hereby approved for the Mobile Command Center vehicle and the City Clerk is hereby authorized to advertise for and receive bids for the delivery of one (l) 14 foot aluminum step van in accordance with said specifications. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, MEMOIZANDUM TO: Gerald G. Splinter, City Manager FROM :. Jim Lindsay, Chief of Police DATE December 6, 1984 SUBJECT: Justification of Police Mobile Command Center The Police Department is requesting authorization for purchase of a mobile command center for use during natural disasters and other urgent emergency situations that would require any extensive radio coordination and telecommunications. Federal matching funds are available for a specified portion of the costs. The general use of the vehicle would be as a mobile headquarters or staging area for such natural disasters as a tornado or flood. The vehicle would also be used during other emergency situations including ,a major fire like th experienced at Howe, Inc. in recent years, a drowning such as the case in 1983 when a young child drowned in Shingle Creek, activities involving the department's Emergency Operations Unit, M SQr- .- such as .'the3Randi:•••Petersen,case; . �' Among the advantages of the mobile command center is the opportunity for improved direction and management of an emergency situation. A communications center on or near the disaster site will improve control of personnel and resources, and will help to focus more on the matter -at`- hand. Another key advantage of the center is the - ability to control communications by separating the daily activity from emergency operations. The mobile command center will restrain incoming calls from the general public, leaving lines open for contacting personnel relevant to the disaster scene, such as state and federal government officials or experts in the field who could provide assistance. Use of the mobile command center will also improve confidentiality necessary in handling sometimes delicate situations. Key officials from other levels of government may be contacted directly by phone from the emergency location, thus avoiding communications of confidential information over the police radio. The fear of having the mews media monitor all transmissions over the radio waves and misconstrue events is removed. The vehicle itself would be equipped with state of the art radios capable of two-way ommunication on citizens band, short- wave, public safety, VHF Y p low and high band, and UHF high and low band.frequencies. It would have two totally redundant dispatch consoles with telephone capabilities to connect the unit to existing phone lines, and would be operated by either 110 volt power taken from an existing building or by a-4000 watt generator that would make the unit self - contained. Memo for Gerald G. Splinter December E, 1984 0 The costs of the mobile command center include $23.,000.00 for the vehicle (which will be the same as the vehicle approved for purchase by the Fire Department on December 3, 1984), $30,000.00 for all interior equipment, and $6,000.00 for consultant fees, for a total of $59,000.00. The City has received verbal confirmation that the federal government has approved matching funds for all costs, excluding the vehicle exterior. The federal share.will be $18,000.00, so the amount requested from the City is $41,000.00. Acquisition of a mobile command center would greatly improve the capability of managing a disaster in progress or the aftermath of ene. For the reasons cited above, the police department requests the purc:Aase of the command center. J Member introduced the following resolution and, moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF RADIO ACTIVATED SIREN SYSTEM WHEREAS, all civil defense'sirens in Hennepin County are being converted to radio tone activation; and WHEREAS, Hennepin County has accepted bids and awarded a contract to Healy - Ruff, Inc., for the equipment to make the conversion, and WHEREAS, the cost of the P i ment under the Hennepin County bid � is as follows: Total Cost Remote Siren Decoders 6 @ $1,414 $8,484 Individual Siren Address on Decoder 6 @ $132 79 2 Installation of Decoder 6 @ $268 1,560 Grand Total $10,836; and WHEREAS, federal matching funds are avai.lable for one /half the total purchase price of the siren system; and WHEREAS, funds have been appropriated in the 1934 Emergency Preparedness (Division No. 34) other Equipment Account No. 4552 for the purchase ' of a radio activated civil defense siren system; and , WHEREAS, the City's purchasing policy requires the City Council to award purchases between $5,000 through $14,999 upon recommendation of the City Manager; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City Manager i.s hereby authorized to contract for the purchase and installation of a radio activated civil defense siren system under the Hennepin County contract with Healy -Ruff, Incorporated. BE IT FURTHER RESOLVED that the expenditure of not more than $1, 164 be authorized for miscellaneous cost and contingencies related to the i.nstallati.on of the radio activated siren system. 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: Jim Lindsay, Chief of Police DATE: December 13, 1984 SUBJECT: Funding for Radio Tone Activation of Civil Defense Sirens All of Hennepin County is converting to radio tone activation of civil defense sirens, which will allow the sirens to be activated individually, by area, or all at once by the county. The radio tone activation system will be more reliable and cost- effective than the current system of phone line activation, and can only be successfully implemented if done on a county -wide basis. Hennepin County has accepted bids and awarded a contract to the Healy -Ruff Company for equipment to make the conversion. The equipment is not a stock item, but it will be available to us through the Hennepin County contract which requests Healy-Ruff to manufacture the necessary equipment. Funds have already been appropriated under 01- 4552 - 168 -34 in the amount of $12,000.00, and this is a request to purchase equipment under the given work order. Brooklyn Center has six civil defense sirens and the cost as specified by Healy -Ruff Company are as follows: Remote Siren Decoders 6 @ $1,414.00 $ 8,484.00 Individual Siren Address on Decoder 6 @ $132.00 792.00 Installation of Decoder 6 @ $260.00 _ 1,560.00 TOTAL $10,836.00 The City will receive federal matching funds for half of the total purchase price, reducing the Cit cost to $5,418.00 Additional optional equipment is available through Healy -Ruff that would allow the City to activate its own sirens at a cost of approximately $5,000.00. This option was dismissed because although the City would use it, the same service can be obtained by contacting Hennepin County by either radio or telephone. At this time, I would like to recommend authorization for purchasing of equipment for radio tone activation of the six civil defense sirens in Brooklyn Center. BUREAU OF PUBLIC SERVICE DIVISION OF EMERGENCY PREPAREDNESS 3524 Hennepin Av. South HENNEPIN Minneapolis, Minnesota 55408 827 -5687 DATE: December 13, 1984 TO: Local Community Directors FROM: Emergency Preparedness SUBJECT: Siren Conversion Project On 4 December 1984 the Hennepin County Board of Commissioners approved the bid, and contract number 4776 was awarded to Healy -Ruff for the Hennepin County system to activate outdoor warning sirens by radio tone. Over the past three years a Siren Conversion Advisory Committee, consisting of Hennepin County professional staff and members from representative local communites, have spent considerable time and effort in researching, screening and recommending the system that was approved by the County Board. Local community members of the committee are Maple Grove Police Chief Bob Burlingame, Golden Valley Deputy Public Safety Director Dean Mooney, Bloomington Police Captain Dick Porth, Eden Prairie Public Safety Captain Keith Wall and Communications Advisor Paul Linnee of Richfield, and Minneapolis Police Sergeant Pete.Zierman. Each of the above individuals is either Emergency Preparedness Director or Coordinator for his community. The Hennepin County Siren Control system will place into operation the transmitting and encoding equipment needed to broadcast, by radio signals in the VHF frequency band, discrete control signals for each of the approximate 160 sirens now in service. As individual sirens are converted to radio control, they can be completely isolated from any "leased telephone company supplied circuits." The new system will provide for siren activation from the present County Warning Point at the Hennepin County Sheriff's Radio Division, 9300 Naper Street, Golden Valley, with backup control using completely different equipment at another lcoation. At the Golden Valley location, the siren control encoder will also be duplicated, each completely independent of the other. Under the contract, Hennepin County will purchase all equipment necessary to generate and broadcast the discrete siren control signals. Under the same contract, individual municipalities will purchase at firm prices, for each of the next two consecutive years from the date of the contract award, the required equipment to convert their individual sirens to receive the discrete control signals. HENNEPiN COUNTY an equol opportunity employer r Total cost for the municipality, including all equipment and labor, will be $1806 per siren if purchased during the first year, and $1980 per siren if purchased during the second year. Federal reimbursement for 50% of these costs is assured, and there is a possibility of up to 25% State reimbursement. Equipment operational capabilities incl.ude: (1) Simultaneous activation of all sirens in Hennepin County. (2) Simultaneous activation of all sirens within any desired group of Hennepin County municipalities. (3) Simultaneous activation of all sirens within any of six (6) predesignated groups of Hennepin County muncipalities. O Y n f all sirens within an one activ ation 0 4 Simultaneo muncipality in Hennepin County. (5) Activation of any one individual siren. (6) A two -way system that provides a_ computer generated display on a "CRT" and a printout, at the County Warning Point after each siren activation or test. (7) A silent test of the system that on command a test signal can be sent to each siren and a return signal received and displayed on the CRT and a printout indicating the system is ready to sound the siren on the correct command. A full 12 month warranty for all equipment will be provided that commences on the date the equipment was first placed into satisfactory operation. All • equipment will be installed by the contractor, Healy -Ruff. If your community wishes to commit calendar year 1984 funds, we suggest that you immediately contact Robert C. Reiss, P. E., Vice - President, Healy -Ruff, telephone 633- 7522. For more information about the system, you may call Mr. Reiss, H. P. (Harry) Hillegas of Hennepin County Communications at 348 - 5555, Max Seeker or Corky Emergency P ork Stevenson of Emer enc Preparedness at 827 -5687 or any representative local community member of the Siren Conversion Advisory Committee. It is anticipated that the new system will begin to come on line next Spring 1985. Operational criteria and procedures for the new system are yet to be established. Local input will be sought by the Advisory Committee in developing the criteria and procedures. o 0 ®rDlipi is a microprocessor based control system that eliminates leased lines for remotely activating the outdoor warning sirens that are used to alert the public to potentially dangerous weather conditions or of a national emergency. uses FM radio for two -way communication and has automatic self- monitoring capabilities. An automatic daily check of each siren decoder, without siren activation, detects and alarms system failures. - provides the operator selection of all, 'groups or individual sirens for activation. After' activation, it produces a reportback print out of each siren's response. includes equipment at the central location to select, check and tr.an:;iuit the commands for attack", "alert", 'test" or "fire" modes. The siren site equipment receives and develops, the ",on-off" cycling for siren actuation. f i SIRENCODER Equipment The selection of sirens which are to sound is entered through the pushbutton keyboard. All sirens in the system are activated by the "All Call" CENTRAL ENCODER pushbutton. Community or group actuation is determined by the Desk Top Console selection of the assigned FM Radio Transceiver pushbutton. Multiple Omni- Directional Antenna communities can be selected. Antenna Cable Individual sirens are selected Encoder Unit through the keyboard. "All Report Back Printer Call" or group selection is confirmed by indicator lights REMOTE TERMINAL DECODER associated with each pushbutton. Individual siren selection is NEMA 3R Insulated Enclosure confirmed by a digital display FM Radio Transceiver of the siren number. Directional Antenna Antenna Cable The encoder identifies the siren Decoder Unit location and the digital address Output Relay from the pushbutton selection. Power Supply The address, the mode selected Current Monitor and an Unauthorized Actuation or Code are added to the Sound Detection Relay transmission security coding and sent by FM radio to the remote terminal decoder (RTD). Multiple separate and distinct operations are required to guard SIRENCODER Description against accidental actuation of the sirens: 1. Select siren group. 2. Select command mode. 3. Simultaneously depress two The SIRENCODER system includes a "send" buttons. command pushbutton keyboard and encoder that is located at the Each RTD will respond only to siren activation point and pole transmissions which include or wall— mounted remote terminal either the "All Call" address, decoders (RTDs) located at the the assigned group address or siren locations* the assigned individual address. All RTDs are physically The central control panel at the identical and interchangeable siren activation point provides with the assigned addresses a pushbutton keyboard for field designated. The community selecting the sirens, the mode or group address is established of operation (alert, attack, in RTD memory and is changeable test, fire, stop) and performs from the central encoder. The the actual digital encoding of individual address is set by the data to be sent to the RTDs. rocker switches on the RTD. To prevent false or malicious The central encoder periodically activation, each RTD also makes sends a silent— test signal to the following additional each RTD to determine system security checks before accepting readiness. This signal does not the data as valid: sound the siren but initiates a reply to the central encoder.: 1 . Manchester Code validity This t e s t e s t a b l i s h e s 2. Complementary double scan functioning communications and 3. Cyclic redundancy check equipment with the exception of 4. Message sum check the siren. A silent —test 5. Correct Unauthorized failure is alarmed and logged at Actuation Code the central encoder. This silent —test can be initiated on If the data is accepted, the operator demand or scheduled RTD decodes the command mode and automatically with the schedule closes an output relay in the established by individual correct on /off timing cycle to requirements. operate the siren in the designated mode. The output relay interfaces directly with An optional siren battery electronic sirens or the monitor can be included with mechanical siren motor starter. - RTDs used on electronic sirens. This option will include a low battery detector to provide an To prevent the activation of the alarm with the - silent —test ' sirens by recording and report —back. retransmitting authorized • transmissions, an Unauthorized Actuation Code number is included with each transmission. This code is a number from 0 to F 255. This number is incremented up by the encoder of ter each transmission. Once a number has been received at the RTD, it rejects this and all lower numbers on future transmissions. If the number is rejected, the siren is inhibited from sounding. After a power failure at the remote site, the RTD accepts any code number for the first transmission. After all siren activation commands are transmitted, the x: central encoder individually polls each siren RTV for a report on siren response. The siren response is determined by a siren current monitor or sound detection relay at each RTD. This information is transmitted to the central encoder and a printout is developed of operation or failure. ,r !^f U L "' J � 7 r - ) C , � �.. r". %6V1 3 COMMUNICATES USING FM RADIO FM radio communication increases system reliability and eliminates leased line costs. SILENTLY MONITORS COMMUNICATION CIRCUITS Periodically a check signal is sent to each siren decoder. If the decoder does not respond, a failure is alarmed and logged. This signal does not energize the siren. PROTECTS FROM MALICIOUS ACTIVATION A security code which is incremented forward on every "legal" activation prevents decoder acceptance of recorded and retransmitted encoder signals. LOGS SIREN RESPONSE After each activation, a time dated log is printed confirming individual siren performance. MINIMIZES ACCIDENTAL ACTIVATION Operator activation requires multiple functions with select -check feature. PREVENTS FALSE ACTIVATION Each decoder responds only to .a digitally encoded signal with a highly secure word structure sent by the encoder. i Member introduced the following resolution and moved its adoptions - RESOLUTION NO. l RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) 72" ROTARY MOWERS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of two (2) 72" Rotary Mowers is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of two (2) 72" Rotary Mowers with said specifications. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoin ^, resolution was duly seconded by member and upon vote being taken thereon, the following voted i.n favor thereof: and the following voted against the same: whereupon said resolution .Jas declared duly passed and adopted. CITY OF B_- WrKLYN MITER 5391 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 P??OVISIONS APED SPECIFICATIONS FOR 'No (2) 72" Rotary l'ower's Bid Opening: 11:00 a.m. CST Jan. 9, 1985 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 PROVISIONS & SPECIFICATIONS FOR Two (2) Rotary Mower's Provisions 1. GENERAL All bids must be received at the office of the City Clerk on or before 11:00 a.m.; Jan. 9, 1985 and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked "Bid for Rotary P'ower's." Each bid shall be accompanied by a certified check or bidder's bond, payable to the City Clerk, in the amount of a least five per cent (5 %) of the total amount of the City. It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract to the best interest of the Citv. The Rotary Mower's proposed and delivered to the City of Brooklyn Center shall, be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection. submitted at the time of delivery. Manufacturer's reference, trade name, brand or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material or equipment desired. The Rotary r'ower's the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the Rotary Power's the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such a suit and save the City harmless in all actions. Specifications 2. GUARANTEE The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts and material shall be replaced free of cost to the City of Brooklyn Center, including labor for a period of one year from - date of delivery. 3. DFMIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4 AID ?ARD Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and services; as well as analysis and comparison of specifications and performance. Because the maintenance of this equipment.in good operating condition without down time for repairs is very important, it is essential that repair parts and service be adequate and readily available. The bidder shall state clearly in his proposal the location in the Metro Area where parts and service facilities are available. Included in the final bid award determination will be a performance evaluation based on City experience and experience of others with similar equipment as to the past performance of the bidders to determine the best parts and service facilities available. 5. EXCEPTIONS Exceptions to any item or part of these specifications hall be submitted in writing one week prior to bid opening. None will be accepted after this date. It shall be the responsibility of the bidder to furnish proof that the exceptions or substitutions are equal or superior to the specif- ications. This may require demonstration, travel to existing machines and locations for demonstration and viewing of such substitute proposal items. This is to be accomplished at no expense to the City of Brooklyn Center. SPECIFICATIONS Two (2) 72" Rotary Lawn Mowers GENERAL The mower's required under these specifications shall be self - propelled 72" rotary rear mounted engine lawn mower's. They shall be designed for trimming up close to trees, shrubs, walls, etc.. It shall be the manufacturer's currently advertised production model. It shall be delivered with all nesessary parts whether specifically mentioned in these specifications or not. It shall have all the accessories and tools regularly supplied as standard equipment and all the attachments necessary to make a satisfactory operating unit. It shall have all the safety devices and shall meet the requirements of the Minnesota Department of Labor and industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety, and Health Administration. ENGINE The mower's shall be equipped with rear mounted three (3) cylinder water doled diesel engines, of not less than 21 horsepower at maximum governed engine operating spee(? and not less than 59 cubic inch displacement. Engine shall be equipped with a self starter,generator, 12 volt battery, fuel and oil filter, cyclopac air cleaner, hour meter, muffler, and all other gauges and equipment generally supplied as standard equipment. TRANSMISSION The transriission shall be of the hydrostatic type, with forward and reverse capable of a forward ground speed of 0 to 9 miles per hour. TIRES The traction drive tires shall be no Tess than 23 X 8.50 X 12.00 and the steering tires shall be no less than 16 X 6.50 X 8.00 All tires to be on demountable drop center rims. OPERATORS SEAT Operator's seat shall be up front of the mower; it shall have a high back, replaceable molded foam back and seat cushions with a heavy durable covering guaranteed for long life. ACCESSORY D RIVE Shall be a splined universal P.T.O. shaft. TURNING RADIUS The mowers shall have the capability of a zero turning radius on the timing side of the cutting unit. MCl ATTACHMENT The mowers shall be free- floating rotary type, capable of a 72 cut, adjustable in height, and made of 11 guage steel They shall have a minimum of three (3 -24" minimum) heavy -duty, heat - treated steed blades. They shall be side discharge cutting units. ROLL OVER PROTECTION Certified roll over protection system shall be provided, seat belts to be included. TOOLS AND SERVICE 19\NUAIS Two (2) sets parts books and two (2) sets of operator's manuals shall be furnished. COLOR One (1) coat primer and one (1) coat of Ditzler WAR 81657 Yellow or equivalent. _T RADE -IN Two (2) 72 " Rotary Mower's A. One 1976 Jacobsen, 72" Rotary Mower SIN 66030 -3726 B. One 1976 Jacobsen, 72" Rotary Mower SIN 66030 -3727 I I PROPOSAL ;!�ao ( 2) 7 ?." Rotary Lawn Mower's TO: Citv of Brooklvn Center _ 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen - tae propose to furnish and 1eliver Two 72" Rotary Lawn mower's according to the specifications at the following bid price 1. Unit Price Total Bid Price 2. Unit Price Total Trade IP1 Total Bid Price Delivery Date (Calendar days) In guarantee of sincerity of ?purpose in entering this bid, the undersigned encloses a certified check or bidder's bond in the amount of fiver ner cent (5%) of the total amount bid, made payable to the City of Brooklyn Center, which it is agreed will be forfeited to the City in the event that said contract is not executed as herein stipulated in the event that said proposal is accepted. Service and Parts Facility Location Service and Parts Availability Signed`_ Firm Name Address Date Bid Opening 11:00 a.m. Me,r,bor introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the Xerox 7000 Copier be declared surplus property and is hereby authorized for public sale. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i y V i MINUTES OF THE PROCEEDINGS OF THE PLANNING 'COMMISSIO14 OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 6 1984 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m. OATH OF OFFICE The Secretary then administered the oath of office to Wallace Bernards to fulfill the term of Mary Simmons who resigned from the Commission in September. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspections Ronald Warren, City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - October 25, 1984 Motion by Commissioner Sandstrom seconded by Commissioner Malecki to approve the minutes of the October 25, 1984 Planning Commission meeting as submitted. Voting in favor Commissioners Malecki, Manson, Ainas and Sandstrom. Voting against: none. Not voting: Commissioners Nelson and Bernards. The motion passed. APPLICATION NO. 84037 (Thomas Ralph) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary plat approval to subdivide into two lots, the parcel at 533163rd Avenue North and an adjacent outlot to the east. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84037 attached). The Secretary noted that the proposed Condition No. 4 had been met. Chairman Lucht asked the applicant whether he had anything to add. The applicant declined to add anything, Chairman Lucht then opened the meeting for a public hearing regarding Application No. 84037 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 Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84037 (Thomas Ralph) Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend approval of Application No. 84037, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. -1- v 3. An agreement for the payment of utility hookup charges for water and sewer shall be entered into prior to final plat approval. 4. Building permits for the proposed Lot 2 shall not be issued until the final plat has been approved by the City Council and filed with the County. Voting in favor: Chairman Lucht Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84038 (Brian Cook) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct a two bay "Quick Lube" facility on the southerly portion of the Car -X Muffler shop at 6810 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84038 attached). There followed a brief discussion in which two of the recommended conditions were considered to be fulfilled and another condition regarding an agreement for utility hookups was added to the list of recommended conditions. PUBLIC HEARING (Application No. 84038) Chairman Lucht then opened the meeting for a public hearing on Application No. 84038 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 Manson seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Chairman Lucht asked whether a condition was needed regarding the raising of the westerly catch basin. The City Engineer stated that the plan contained a note to raise the catch basin and that this is sufficient. Commissioner Manson asked how long it took for an oil change at this facility. Mr. Brian Cook responded that it should take no more than 10 minutes and could take as little as 6 minutes. There followed a brief discussion regarding the services that would be available at the Quick Lube facility and the time involved in those services. It was concluded that no stacking problems would develop on the site which might spill over onto the public street. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84038 (Brian Cook) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 84038, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and terming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. -2- v 'r 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 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 special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 10. The applicant shall enter into a standard agreement for the payment of utility hookup charges prior to the issuance of permits. Voting in favor: Chairman Lucht, Commissioners Maleeki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84039 (New Horizon Enterprises) The Secretary then introduced the next item of business, a request for a determination that a day care center is similar in nature to other permitted uses in the C2 zoning district in order that New Horizons may establish a daycare center at the Park- Nicollet Med Center building at 6000 Earle Brown Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84039 attached). The Secretary added that he had received a letter from Sally Goldberg, a Licensing Consultant for the State, that New Horizons is considered a school. The Secretary stated that he had also received a copy of Department of Public Welfare Rule No. 3 governing day care centers and noted that the State regulations do not cover location. He stated that that it is a City responsibility to regulate the location of day care centers. The Secretary concluded his comments by stating that the staff do not have a big problem with a day care center locating in the Med Center building, but feel it's more appropriate that day care centers, generally, be considered as a special use in the C2 zoning district, rather than as an educational use and, therefore, a permitted use. Chairman Lucht asked whether child care was presently permitted in the Cl zoning district. The Secretary responded that child care homes, that is 24 hr. a day residences, were permitted in the C1 zoning district. Commissioner Sandstrom asked whether this referred to homes used for day care. The Secretary responded in the negative. He stated that these were special homes where the children would live, not come to for temporary care. -3- z Commissioner Nelson asked whether the staff had a problem with day care centers locating in the C2 zoning district. The Secretary stated that he would not recommend day cares be considered a permitted use in the C2 zoning district. He stated that he didn't have any major problems with the Med Center building as an acceptable location, but felt that they should be considered a special use rather than a permitted use. He pointed out that if day care centers were considered a permitted use, they could locate anywhere within the C2 zoning district. Commissioner Bernards asked whether Med Center had been contacted on the use of the building. The Secretary stated that the staff had not talked to Med Center about the day care use of the building, but that there had been negotiation between New Horizons and the Med Center and that a tentative agreement had been worked out. Commissioner Manson asked what the history of "educational uses" was in the C2 zoning district. The Secretary answered that educational uses have basically been considered to be schools. He stated that he did not feel that a -day care center was primarily a school. Chairman Lucht then asked the applicant whether she had anything to add. Ms. Sue Dunkley, President of New Horizons Enterprises, Inc., stated that New Horizons had 13 day care facilities, 5 of which are located in commercial zones. She stated that day care started out in residential zones, but that it has adapted to commercial settings. She reviewed the curriculum which the centers use with young children. Ms. Dunkley also explained that New Horizons has many certified teachers who have been nursery and elementary school teachers. She explained, regarding the playground area, that children are taken out to play in groups of 20 and that the State requires 75 sq. ft. of playground area per child that is playing. She stated that this would work out to a playground area of 1,500 sq. ft for 20 children playing at a time. Ms. Dunkley stated that New Horizons had a problem with timing. She stated that they do not have time to rezone the property. She also stated that a determination that New Horizons was a school would not necesarily open the door to other day care centers because they cannot call themselves schools under the definition of a school used by the Department of Public Welfare. Chairman Lucht explained that the Planning Commission was not considering rezoning the property. He also stated that acting on the basis of time factors has had negative effects in the past. He asked Ms. Dunkley why, if she considered New Horizons to be a school, does she call the organization a day care operation and not a school. Ms. Dunkley stated that "day care" is used in the literature, but that the Department of Public Welfare has considered them a school for some time. Commissioner Ainas asked whether the personnel were salaried or volunteer staff. Ms. Dunkley answered that most of the staff are salaried, though there are some volunteers which they are glad to have. Commissioner Bernards stated that it was news to him that the Department of Public Welfare had begun certifying schools. Ms. Dunkley explained that the teachers are certified by the Department of Education. Chairman Lucht stated that he liked the concept of a New Horizons center at the Med Center building, but that he had problems with allowing day care centers as a permitted use in the C2 zoning district. He stated that the City would have to live with the precedent of such a decision. Commissioner Sandstrom stated that he preferred not to rezone the property, but to control the day care use through a special use permit procedure. -4 Sue Dunkley asked whether she could not apply for a special use permit at this time. The Secretary stated that it would require an ordinance amendment first, possibly involving some special conditions for day care centers. Chairman Lucht then polled the Commission on their feelings regarding the application. Commissioner Ainas asked Ms. Dunkley how many of the teachers were certified. Ms. Dunkley answered that $3% of their staff was certified. Commissioner Manson stated that she would like to see the day care center at the Med Center building, but preferred that the use was a special use permit. Commissioner Ainas stated that he felt the City should have some control over the location of day care centers in commercial zoning districts. He stated that he also preferred a special use status for day care centers. Commissioner Sandstrom agreed, stating that he preferred a special use status and that a precedent should not be set with this appication.- Commissioner Nelson stated that he did not feel that the day care center had to be a school in order to be an educational use. He stated that he felt the day care center was an educational use and was, therefore, a permitted use in the C2 zoning district. He stated that parents can exercise control over the location of the day care center by not taking their children to a center that is in an inappropriate location. He stated that he did not have a problem with the day care center as an educational use. Commissioner Bernards inquired as to the playground area. The Secretary showed a transparency of the site plan that showed a playground to the west of the Med Center building. He noted that the playground shown on the plan was larger than would be required by the State. Ms. Dunkley explained that the State requires 75 sq. ft. of playground area per child that is outside. She added that the State regulates many other details of a day care operation. The Secretary stated that while it was necessary for the State to regulate these aspects of the operation of a day care center, it was necessary for local government to look at surrounding land uses and to make a policy judgment as to what are appropriate locations for day care centers within the City. Commissioner Malecki stated that a determination is similar to a special use permit. She pointed out that it would be possible to change the ordinance to make day care centers a special use permit. She added, however, that this facility is similar to an educational use and that a finding to that effect could be made. Chairman Lucht asked how the Planning Commission would make a determination as to which daycare centers are educational uses. Commissioner Ainas stated that, as the ordinance now reads, educational uses are not defined. Mr. Bill Dunkley, an attorney for both Park Nicollet Medical Center and New Horizons Day Care centers, stated that he agreed that, if the City wanted to regulate child care, it should make day care centers a special use in the C2 zoning district. He stated that the City could still allow New Horizons to operate as an educational use and then change the ordinance. Chairman Lucht asked what was the reason for urgency. Mr. Dunkley stated that winter is the best time to open up a facility and that the cost invested would be about $200,000. There followed a lengthy discussion regarding the procedure and the substance of the application. Commissioner Sandstrom asked why there should be unnecessary delay if the Planning Commission agreed that the proposed day care center was an acceptable use in this location. Commissioner Manson asked whether there was a mechanism to allow the applicant to go ahead while the ordinance was being amended. The Secretary stated that the Planning Commission could allow day cares as a -5- li permitted use and then amend its ordinance to make them a a special use, but that this would be like closing the barn door after the cows were out. Commissioner Sandstrom stated that he felt the Commission agreed that the center was an educational use. There followed a discussion as to whether the Commission did feel the day care center was to be considered an educational use. The Secretary stated that he did not feel the Planning Commission should feel pressured to act favorably for the applicant's sake because the applicant had known about this problem since August. ACTION TABLING APPLICATION NO. 84039 (New Horizon Enterprises, Inc.) Motion b Commissioner Ainas seconded b Commissioner Malecki to table Application Y Y Pp No. 84039 and to direct staff to prepare an ordinance to allow State certified day care centers as a special use in the C1 and C2 zoning districts. While the motion was on the floor, there was a brief discussion regarding the timing of the application and amendment of the Zoning Ordinance to allow for day care centers by special use permit in the C2 zoning district. Voting in favor of the above motion: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Bernards. Voting against: Commissioner Nelson. The motion passed. Commissioner Nelson stated that he felt that the use could be considered similar in nature to an educational use and, therefore, permitted in the C2 zoning district. RECESS The Planning Commission recessed at 9:35 p.m. and resumed at 9:57 P.M. Following the recess, Commissioner Sandstrom stated that he wished to change his vote on the motion to table Application No. 84039 to no. The change in vote had no effect on the outcome of the vote. DISCUSSION ITEMS a. Retail Development /Interim Ordinance The Secretary introduced the first discussion item by explaining that there was concern on the part of the staff as to whether or not there is a need for future retail development within the City. He noted that there is a limited amount of C2 zoned land within the City, most of which is situated in the block bounded by Shingle Creek Parkway on the west Summit Drive on the north Earle Brown Drive on the east and John Martin Drive on the south. The next largest area of vacant C2 zoned land was some undeveloped parcels around 66th and West River Road and in the Lynbrook Bowl area. The concern, he stated, was that it appeared that Brooklyn Center was well served by the existing retail development and that what is located in Brooklyn Center and surrounding communities may well be enough to serve future community needs as well. He added that traffic associated with major retail developments was also somewhat of a concern as to whether existing facilities can handle this development in the area. He noted that it appears with the last retail development completed that all we are able to attract is more of the same type of retail development that more or less leads to a shifting of location and subsequent vacant buildings or tenant spaces. More retail development on existing vacant C2 land could possibly lead to an expansion of Pm g po Y p these problems. The Secretary noted that the Year 2000 Committee has briefly discussed and is -6- considering, as part of its report to the City Council, a recommendation to conduct an analysis of existing retail development and to consider the type and extent of future retail needs within the community. He also noted that as the Commission was well aware, the Byerly's project was definitely not going ahead and that an adjacent strip shopping center would also not be built because of Byerly's decision. He added that to some extent, there was a sigh of relief on the part of some staff members because of a gut feeling that perhaps we have enough retail development already. He pointed out that currently there are no active plans that the City is committed to for retail development in these areas, although there have been indications that a large discount retailer is interested in the Byerly's site. He stated that this might be the appropriate time for the City to study the retail needs of the community and determine the best use of the remaining vacant C2 zoned property. He explained that such a study would probably involve the hiring of a consultant. The Secretary then discussed two basic options of holding retail development in abeyance if the Planning Commission concurred with the need for a study: attempting to rezone property through City initiated rezonings or adopting an interim ordinance pursuant to M.S. 462.3.55 Sub.4 which could suspend retail development on vacant C2 zoned land within the City. He stated that, while an interim ordinance was in effect, a study by a consultant could be done on the need for further retail development within Brooklyn Center. The Secretary reviewed the provisions in State Statutes relating to this type of action. Chairman Lucht noted that a committee has been established to study development on the Earle Brown Farm and that it might be appropriate to look at other uses in the area for their compatibility with development on the Earle Brown Farm site. Commissioner Sandstrom stated that developers make studies of the marketability of potential developments before they build on land. He wondered whether there was a need for additional studies. Commissioner Ainas asked how those studies served the City's purposes. Chairman Lucht stated that there was a concern about the possible impact of further retail development on K Mart and on other shopping centers in the City which may have to go through a redevelopment if those businesses fail as a_ result of new commercial development. Commissioner Sandstrom stated that the City has not been concerned about that problem in the past. The Secretary then reviewed the history of the Brookdale Square development which involved extensive disagreement between the City and private consultants. He stated that now some of the consultants that are advising the owners of the shopping center are taking the same position that the City took prior to the time the center was built. Commissioner Sandstrom stated that he would not be opposed to an interim ordinance, but that it should be flexible enough to be rescinded if the right developer came along to develop a key piece of property. Commissioner Nelson asked how much vacant C2 land presently existed in the community. The Secretary and the Planning Assistant discussed various parcels that remained to be developed and concluded that there was somewhere between 35 and 50 acres of vacant C2 zoned land left in the City. There followed a fairly lengthy discussion over the need for a study of vacant retail zoned land in the community and the skepticism that exists among the staff over the need for further retail development. The Secretary and the Planning Assistant stressed that there are fewer and fewer acres of vacant developable land in the City and that it is important for the City to get the best possible benefit from those parcels that it can before an alternate development perhaps locks the City into something that is unneeded or will not particularly benefit the community. -7- There was also discussion regarding the procedure of using an interim ordinance. Commissioner Ainas suggested that the moritorium be at least four, but probably not more than six months in duration. Commissioner Manson noted that other suburban areas having large regional shopping centers seem to have even more retail than Brooklyn Center and that perhaps a study might conclude that more retail is needed, but perhaps a better variety or a different caliber. She added that she supports the idea of a study. The Secretary noted that if such an interim ordinance were recommended, it was not the staff's position that the suspension include already existing or developed C2 parcels such as the expansion of existing retail or the remodeling and occupying of existing buildings, only a temporary suspension of new retail uses. Commissioner Nelson recommended that the ordinance limit all development on vacant C2 zoned land. He stated that it would perhaps be unwise to limit only retail development of such land since a consultant might find that a retail development. is, in fact, the best use of the property. Chairman Lucht said that he would like the Commission to review the language of the interim ordinance if the City Council would so direct. ACTION REQUESTING THAT THE CITY COUNCIL CONSIDER AN INTERIM ORDINANCE - Motion by Commissioner Sandstrom seconded by Commissioner Nelson to request that the City Council consider an interim ordinance to declare a moritorium on development on all vacant C2 zoned land within Brooklyn Center. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. b. Carry out Pizza The Secretary then briefly explained to the Planning Commission that he had received an inquiry from the operator of a carry out pizza place who wished to locate in Northbrook Shopping Center. He explained that, in the past, staff have considered such uses to fall under the definition of a convenience food restaurant which does mention carry out. He explained that these types of restaurants are not permitted to abut Rl, R2 or R3 zoned property and that the land across Logan Avenue North to the east is zoned R3. He stated that, on this basis, such a use has not been allowed. He asked the Planning Commission whether they considered a carry out pizza place to resemble more closely the retail sale of food, so long as there were no seats or eating on the premises. Chairman Lucht stated that it was quite similar to a bakery, which is not considered an eating establishment as long as there are no restaurant seats. By consensus it was agreed that a carry out pizza place should not be considered a convenience food restaurant, but rather the retail sale of prepared food. c'. Family Day Care The Secretary then briefly explained to the Planning Commission that a question had arisen over the City's ordinance which permits no more than five children to be cared for in a home day care situation in the R2 through R7 zoning districts. He noted that the R2 zoning district does permit single - family dwellings and that under State law and under City ordinance, single- family dwellings are generally considered to be permitted up to 10 children in a home day care situation. He asked for direction -8- from the Commission that single - family homes in the R2 zoning district would also be allowed to have up to 10 children in home day care. The Commission generally agreed with this interpretation. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Sandstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 11:07 p.m. Chairman -9- Planning Commission Information Sheet Application No. 84037 Applicant: Thomas P. Ralph Location: 5331 63rd Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide and combine into two lots the lot at the southeast corner of 63rd Avenue North and Unity Avenue North and an outlot immediately to the east. The property in question is zoned -RI and is bounded by Unity Avenue North on the west, by 63rd Avenue North on the north, and by single- family homes on the east and south. The corner lot is an oversized lot and the outlot is substandard and unbuildable by definition as an outlot. A request for a variance to build on the outlot under Application No. 77022 was denied by the City Council. Attempts to combine the outlot with land from the corner lot have failed until now, following purchase of the outlot by the owner of the corner lot, Mr. Craig Weitzel. The existing corner lot at 63rd and Unity (153' x 157') has a metes and bounds legal description. The outlot (45' x 135') is described as Outlot 1, Bergstrom's Lynside Manor 3rd Addition. The proposed legal description is tot 1 and Lot 2 of Block 1, Corner Addition. Lot 1 is to be 112.94'' along 63rd by 157.93' along Unity for a total area of 17,751 sq. ft. Lot 2 is to be 85' along 63rd Avenue North and of varied depth: the easterly 45' being 135' in depth, the westerly 40' being 158' in depth, for a total lot area of 12,418 sq. ft. X There is presently a 30' wide access easement over the easterly 30' of < the existing corner lot. This is not a City easement and appears to be unnecesary since all adjacent lots have access via public streets. This easement now exists on the westerly portion of the proposed Lot 2. The easement should be vacated for the benefit of Lot 2 although it does not make the property unbuildable. No utility stubs have been extended to the new Lot 2. Final plat approval should be subject to the applicant entering into an agreement for the payment of the utility hookup charges. In general, the plat appears to be in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An agreement for the payment of utility hookup charges for water and sewer shall be entered into prior to final plat approval. 4. The preliminary plat shall be modified to show the location of a non - public access easement over proposed Lot 2. 5. Building permits for the proposed Lot 2 shall not be issued until the final plat has been approved by the City Council and filed with the County. 12 -6 -84 Planning Commission Information Sheet Application No. 84038 Applicant: Brian Cook Location: 6806 Brooklyn Boulevard Request: Site and Building Plan /Special Use The applicant requests site and building plan and special use permit approval to construct a rapid auto lubrication facility south of the Car -X Muffler Shop at 6806 Brooklyn Boulevard. The property in•question is C2 and is bounded by Brooklyn Boulevard on the west, by Big Wheel Auto Parts store on the north, and by Northstar Dodge on the east and south. A rapid lube facility is a special use in the C2 zoning district which may not abut R1, R2 or R3'zoned property, either at a property line or a street line. No such abutment exists in this case. The proposed rapid tube facility would have two service bays and would share a common access off Brooklyn Boulevard. The proposed plan shows a 32' wide driveway. However, this should be limited to the maximum allowed by the ordinance, which is 30'. The combined parking requirement for the muffler shop and the rapid tube facility is 33 cars, 22 for the muffler shop and 11 for the rapid lube. This is based on the ordinance parking formula for repair garages of three spaces per service bay plus one space per day shift employee, plus two spaces for service vehicles. The plan provides for 35 stalls on the entire site, an excess of two stalls. It should be noted that the parking spaces provided would not support a reuse of the buildings by a retail operation, though an office use of the struc- tures could be accommodated. The landscape plan is unchanged from that approved under Application No. 81023 for the original Car -X Muffler Shop development. The plan notes the existence of some shrubs and a Russian Olive tree in the front greenstrip adjacent to Brooklyn Boulevard. It also calls for the removal of two larger existing trees toward the southeast corner of the site. It is recommended, in light of the slight surplus of _parking that the 14" tree at the southeast corner of the site be retained. It is also recommended that the landscaped areas immediately adjacent to the building be provided with shrubs and at least one shade or decorative tree south of the building. Sod and underground irrigation are to be provided in perimeter green areas. The grading and drainage plan calls for runoff to drain toward two existing catch basins located along the approximate centerline of the site perpendicular to Brooklyn Boulevard. It is recommended by the City Engineer that the westerly catch basin be raised since it is rather low. Concrete curb and gutter is indicated around all parking and driving areas. An agreement to pay utility hookup charges for utility connections to the rapid tube facility must be entered into prior to issuance of building permits. The building itself is to have two service bays, an office, restroom and waiting room on ground level. A basement for storage and mechanical equipment will also be built. The floor area of the building, counting the basement, .is 2,494 sq. ft. A building of this size is to be equipped with an automatic fire extingushing system. None has been noted on the plans, but staff feel that, especially in light of the materials involved in this business, that the building should be fire sprink- lered. The building exterior is to be bonded face brick identical in color to the Car -X Muffler Shop. A trash container screening device is indicated at the southeast corner of the building. 12 -6 -84 -1- Application No. 84038 continued freestanding signery for the Rapid Lube must be incorporated into the single free- standing sign for the site. The additional building space will entitle the applicant to a larger freestanding sign. Wall signs up to 30% of any wall area, of course, are also permitted. With regard, to the Standards for a Special Use Permit contained in Section 35 220(attached), staff feel that the fire sprinkling of the building is an important requirement for this development to pose no more than an acceptable safety risk to the general public or surrounding property. With regard to traffic congestion, it is felt that the proposed rapid lube operation would not involve an unacceptable level of traffic onto and off of the site. As 'the Commission may recall, a request for a special use permit for a car wash on this property was denied under Application No.- 83006 on the grounds that the peak hour traffic volumes would pose an unacceptable risk to safety and general traffic congestion. Cars will enter along the center of the site; turn right at the easterly end of the property and can stack for a distance of about 90' before reaching the building. It is not anticipated that traffic associated with this use will cause congestion on or off the site. In general, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 0 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 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 plan shall be modified to show a driveway opening of not more than 30' in width. 10. The landscape plan shall be revised to provide additional landscaping in the form of shrubs and a decorative or shade tree in the landscaped area to the north and south of the rapid lube facility and to retain the 14" diameter tree at the southeast corner of the site. 11. The special use permit is subject to. all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 12 -6 -84 -2- Planning Commission Information Sheet Application No. 84039 Applicant: New Horizon Day Care Centers Location: 6000 Earle Brown Drive Request: Determination The applicant requests that the City Council determine that day care centers in the C2 zoning district are a permitted use by virtue of being similar in nature to other uses specifically listed as permitted uses in the C2 zoning district (See Section 35 -322 attached). ' Section 35 -322 Subsection 1j-of the Zoning Ordinance acknowledges as permitted uses: "Other uses similar in nature to the aforementioned uses, as determined by the City Council." Since day care centers are not expressly listed as a permitted use in the C2 zoning district, the applicant requests that a determination be made that it is "similar in nature" to expressly permitted uses. New Horizon wishes to open up a day care facility in a portion of the Park- Nicollet Med- Center building (formerly Toy City) at 6000 Earle Brown Drive. The property in question is zoned C2 and is bounded on the west by Summit Drive, on the north by Earle Brown Drive, on the east by vacant C2 zoned land, and on the south- southeast by Highway 100. The applicant's representative, Mr. William Dunkley, has submitted a letter attached in which he a basically that the da ( attached) 9 Y Y care center is in fact a school and is therefore an educational use which is expressly p ermitted in the C2 zoning district under Section 35 -322 Subsection 1h. In fact, Mr. Dunkley refers to the operation as a school throughout hisletter. He points out on page 2 that Department of Public Welfare Rule 3, page 6(q) states: "The name 'school' may be used only by programs having a minimum of one teacher certified by the Minnesota State Department of Education. One certified nursery school teacher must be present during the major part of the program for every 20 children. Mr. Dunkley explains that the facility at 6000 Earle Brown Drive would consist of approximately 5,600 sq. ft. of building space and an enclosed outdoor play area. It would serve 115 children age 6 months to 12 years. Hours would be 6:30 a.m. to 6:30 p.m ,Monday through Friday, except legal holidays. But, the letter nowhere states that there will be six nursery school teachers present during the "major part" (6 or more hours ?) of the program. Mr. Dunkley has suu,:�itted scne correspondence with the Cities of Roseville and Mound (attached), but has not submitted a letter from the State regarding the status of New Horizon Enterprises (the company? a location ?) as a school. Staff are, therefore, at a loss to know whether the proposed facility is considered a school by the State or not. We would also point out that the example provided in Mound is for an operation to be located in a former prepschool in a residential district. This is certainly a different situation than the present case in a commercial zoning district. The letter to the Roseville City Manager is for a commercial location; however, Roseville had to amend its Zoning Ordinance to accommodate the "child care facility" in the B2 (General Commerce) district. Mr. Dunkley concludes his letter by discussing three important aspects of the operation: traffic, the playground area, and safety. Regarding traffic, he notes that the clinic is open from 8:30 a.m. to 5:00 p.m. Most day care traffic would occur before or after these hours. Regarding the outdoor play - ground area (a converted area of the parking lot west of the building), Mr. Dunkley states that the existing opaque fence on top of the berm adjacent to Earle Brown ',)rive would remain and that the playground would be fenced off from the parking lot with chain link fence with or withoutmetal slats. (Stafff"eel that a playground area for young children should have as residential an atmosphere as possible and would prefer an opaque wood fence around the play area rather than a chain link fence.) 12 -6 -84 ' Application No. 84039 continued Finally, Mr. Dunkley notes that there will be separate entrances and exits for both "sick care" and "well care" and an exit to the outside playground. The fenced playground would have a gate at one end, "away from the structure and away from all parking facilities." Staff are unable to determine where this is. A gate on the north side of the playground would lead to an area between a fence and the building. A gate on the south side of the playground would lead to the parking lot and immediately to an access drive where cars enter and leave the site. Staff are not opposed to the existence of day care facilities in commercial zones, but are frankly skeptical that such uses should be comprehended under the rubric of "educational uses." In this case we feel that the proposed facility is a day care o.r child care facility, not a school, and should be listed as such. The C1 zoning district allows as a permitted use under. Section 35 -320 Subsection la: "Nursing care homes, maternity care homes, child care homes, boarding care homes, provided, however, that such institutions shall be licensed by the appropriate state or municipal authority." (emphasis added) It seems to us that this category may be more appropriate to comprehend day care facilities. However, this category of uses was specifically excluded from the list of Cl uses allowed in the C2 zoning district. The term "day care" is only used in the City's Zoning Ordinance in association with home occupations. New Horizon has two day care centers in Brooklyn Center located in churches in the R1 zone by special use permit. From this history, we feel that day care centers are primarily a residential use which should only be allowed in commercial zoning districts if certain conditions are met; ie.. it should be considered a special use in commercial districts if permitted at all. This would require an amendment to the Zoning Ordinance. A further concern, if day care centers were allowed by special use permit, is over appropriate recreational space. It is our opinion that children, especial- ly those over age 3, have a definite need to be outside and play periodically. They should not be warehoused in an office building, but should have ready access to recreation space that is, in all appearances, residential. The con- version of a parking area to a playground, if done sensitively, might accomplish this. The difficulty is in writing such residential requirements into a commerc- ial classification. This difficulty may be the reason for the absence of child care centers from the list of permitted or special uses in the C2 zoning district in the first place. If the - Planning Commission feels that day care centers can be comprehended in the C2 zoning district, staff recommend that an ordinance amendment be devel- oped and brought back Jor eventual adoption. We recommend, in the interim, that the request for a determination that day care centers are similar in nature to permitted C2 uses be denied or tabled pending the drafting of an ordinance amendment.- However, if the Commission feels these facilities are truly "similar in nature to educational uses, such a determination can be recommended. 12 -6 -84 -2- CITY OF 6301 SHINGLE CREEK PARKWAY R 0 0 BROOKLYN CENTER, MINNESOTA 55430 L YN TELEPHONE 561 -5440 EN TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 10, 1984 RE: Proposed 1985 Public Improvement Program - Preliminary Review. Following is a preliminary review of proposed construction projects to be considered in 1985. The projects have been initiated in response to petitions from property owners or developers, by inclusion in the City's 5 -year Municipal State Aid 'program, or represent projects funded by state and /or federal grants. *he purpose of this preview is to advise you and the City Council that the Engineering Department is working on preliminary reports and designs covering the projects and solicit comments and direction regarding the proposal. In particular, we request that you inform us of any projects which should be dropped from consideration during 1985 so that we may direct our efforts to the priority projects listed herein or added by you or the City Council. GENERAL PROJECT DESCRIPTION /LOCATION DISCUSSION 1. Municipal Service Garage The final phase of the Municipal Service Garage improvement provides for the installation of reconditioned fuel tanks taken from the former 7 Eleven Convenience Store site at 69th Avenue North and Humboldt Avenue North. In conjunction with the tank instal lation, staff- proposes to replace the existing pump heads. Financing for this project is through use of Capital Project funds. Street Improvements a. Sea 1 coating City streets (approximately 17 miles of streets) b. Xerxes Avenue overlay - C.S.A.H. 10 to Shingle Creek Parkway {including turn lane modification at 63rd Avenue and geometric modification at 59th Avenue) c. France Avenue Reconstruction - south limits to 50th Avenue including curb and gutter, paving, and necessary storm drainage improvements d. Lyndale Avenue street reconstruc- tion - 53rd Avenue to 57th Avenue including paving, curb and gutter, sidewalk and necessary storm drainage improvements e. Shingle Creek Parkway surface repair and seal coating C.S.A.H. 10 to I -94 f. Traffic signal construction on Shingle Creek Parkway at John Martin Drive and replacement of temporary signals on Shingle Creek • Parkway at Freeway Boulevard and Summit Drive. It is proposed that the Hennepin County facility accesses at John Martin Drive and Summit Drive be reconstructed in conjunction with the signal work. g. C.S.A.H. 10 improvements completed in conjunction with Hennepin County - channelization at Shingle Creek Parkway; signal modifica- tions at various intersections. It is proposed that all improvements listed above, except items f and g, be designed by and contracts administered by the Engineering Department. Design of traffic signal systems (item f) will require - the assistance of a consulting engineer and any work completed along C.S.A.H. 1 0 w i l l necessitate cooperation (if not total design) with the County's Engineering Department. Financing of these improvements is through use of Municipal State Aid funds, State Turnback funds, County funds, and special assessment levies. 2 Sanitary Sewer System a. Lift station and sanitary sewer Improvements construction for the Ramada Hotel b. Cathodic protection of City lift station at Halifax and 56th Avenues to reduce corrosion of the steel plate c. Cathodic protection of sewer force main in Garden City Park and at C.5.A.H. 10 Financing for item a is through special assessment levy while items b and c are financed through use of Public Utilities Funds. 4. Water Main Improvements a. Water main installation in Lyndale Avenue from 53rd Avenue to 57th Avenue in conjunction with street improvements described in item 2.d. above b. Tower painting - painting of interior and exterior of Tower No. 2 (at 69th Avenue and Dupont Avenue) in conjunction with minor structural repairs. Touch up painting of the interior and exterior of Tower No. 1 (at '69th Avenue and France Avenue) is also proposed. c. Well No. 8 reconditioning the removal of sand from the w e l l cavern and replacement of pump column pipe for the w e l l located at Camden Avenue and Woodbine Lane d. Installation of a monitor /control system for the City's wells and elevated towers. It is anticipated that this system will provide for automated control of the City's water - supply system, turning w e l l pumps on and off in accordance with consumer demands. e. Installation of water main connection between Tower No. 3 (located along T.H. _100 southerly of Brookda l e) and -'the South Industrial Park in the proximity of C.S.A.H. 10 and Shingle Creek Parkway Financing for item a is through special assessment levy while items b, c, d, and a are financed through use of Public Utilities Funds. 3 5. City Hall /Community Center a. Completion of landscaping improve- ments along the easterly side of the complex including replacement of the fountain and completion of planting installation in the upper plaza and planting installation -along City Hall between the upper plaza and south access to the complex. The proposed improvements will be financed through the use of previously unexpended Capital Projects funds appropriated for completion of the complex' access. 6. Trail Construction Projects a. Palmer Lake West Park - trail connection from parking lot to regional trail (including branch to comfort station) b. Willow Lane School - connection of parking lot to T.H. 152 Financing of these improvements is through use of Capital Projects funds. 7. Park Improvements a. Comfort station and dumpster screens at various parks b. Sealing of lake bottom of upper lake in the Arboretum Financing of these improvements is through use of Capital Projects funds. 8. Miscellaneous Improvements a. Sidewalk repair along Camden Avenue 53rd Avenue to 57th Avenue b. Sidewalk construction along Humboldt Avenue from 71st Avenue to Amy Lane as recommended by the Administrative Traffic Committe c. Installation of a water main casing pipe under T.H. 252 in the vicinity of Riverdale Park and abandonment of utilities within and adjacent to T.H. 252 rendered unnecessary due to T.H. 252 construction (See accompanying memorandum). Financing - of work under items a and b_ is through use of Municipal State Aid funds, while item c will be financed through expenditure of Public Utilities Funds. 4 Miscellaneous Petitions a. The staff will present petitions to the City Council as they are submitted by the public. Potential petitions include: 1. Alley paving 54th Avenue to 55th Avenue between Humboldt and Girard Avenues 2. Intersection closure - Wingard Lane at Brooklyn Boulevard., 3. Curb and gutter construction on Ewing Avenue - 67th Avenue to 69th Avenue. Respectfully submitted, 5 CITY R00` 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public IVorks DATE: December 12, 1984 RE: T.H. 252 - Municipal Utility Modifications In conjunction with the proposed improvement of T.H. 252 by the Minnesota Department of Transportation GIN /DOT), staff has determined that various modifications/ additions to the City's utility systems are necessary due to the roadway system expansion and related property acquisition. Accordingly, staff has approached MN /DOT regarding project coordination and the most effective method by which all parties' interests may be met. Staff has proposed to MN /DOT that necessary work be included in the T.H. 252 improvement contract administered by the State, but only if the City is allowed the "right of refusal ". In this way the City should benefit because of project size, but in the event the successful Contractor unbalances his bid at the expense of the City, we could reject the proposal and let a City contract for the work. Such a position has been taken by the City in the past (most recently, utility adjustments made necessary by the T.H. 152 overlay), and has been approved by PAIN /DOT. Upon receipt of City Council authorization to proceed as recommended, staff will request an Agency Agreement be drafted by RIN /DOT which provides for the utility system modifications /additions outlined below based upon the City's "right of refusal" and authority to award a contract for the work. A general description of the work is as follows: 1. Installation of 54" reinforced concrete pipe under the new read surfaces in the Riverdale Park area. This i e will act as a casing pipe for future pp gPp water main transmission line if a river water intakes stem is required or Y q if an additional well is constructed in the park area east of T.H. 252. 2. Storm sewer reconstruction along 69th Avenue easterly of Bryant Avenue. This system was constructed in the 1930's and is in need of replacement. 3. Sanitary sewer abandonment. Two mains may be abandoned in conjunction with property acquisition for right of way purposes: (1) along T.II. 252 from 70th Avenue northerly 460 feet; and (2) along T.H. 252 from 73rd Avenue southerly 50 f eet. eet. `74 S NaTe 64" December 12, 1984 Page 2 4. Service abandonments. Numerous individual sewer and water services must be abandoned in conjunction with MN /DOT property acquisition. Most services will be abandoned and removed in conjunction with the removal of homes at no cost to the City. However, those services which were extended to vacant properties must be removed during construction. It is anticipated that costs incurred in the work will be financed, by the Public Utilities fund, (items 1, 2, and 3) and the local Municipal State Aid fund (item 2). Respectfully submitted, CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 5543- ROOKLYN C "R TELEPHONE 561 -5440 E 1 TE T0: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public ldorks DATE: December 13, 1984 RE: North Metro Traffic Task Force For the past several months.an AdHoc Task Force has been developed under the auspices of the Metropolitan Council. The genesis for this task force was the MN /DOT proposal to widen the Champlin -to -Anoka (T.H. 169) bridge across the Mississippi River. tti?hen this plan encountered opposition, a task Force was formed to study alternative locations for that bridge. The scope of that study has subsequently been expanded to cover the entire subject of river crossings between I -694 in Brooklyn Center and T.H. 101 in Elk River. And, the study must obviously relate to the street and highway networks which directly affect those river crossings. Attached is a copy of the minutes of the November 14th meeting of this Task Force. Under Item III the Task Force discussed the question of expanding membership. Apparently there was some confusion as to the concensus reached, i.e. - the draft minutes indicated there would be no change. However, these minutes were subse- quently corrected to show that the City of Brooklyn Center and Fridley would be invited to participate in future meetings. At any rate, no invitation to attend the following meeting (December 5th) was issued to Brooklyn Center until the day before that meeting when I received a call inviting me to attend. At the December 5th meeting of the Task Force, the following action was taker.* - Officers selected were: Chairperson Harlan Isom (Champlin) Vice Chairperson - Jerry Dulgar (Anoka) - Approved the Outline of "Task Force Functions (copy attached) - Approved appointment of a Technical Committee - Established a goal of completing the study within 6 to 12 months - Set next meeting date and time, i.e.: 7 :15 a.m. , ltiednesday, January 23, 1985 @ Coon Rapids City Mall " ?le Soma&wg Vote &y" December 13, 1984 No. Metro Traffic Task Force Page 2 - Agreed to meet about every 60 days thereafter Following the Task Force meeting, the Technical Committee met and requested Met Council staff and MN /DOT staff to present the following material at their next meeting (which will be held on 12/19/84): maps and plans relating to the study area existing traffic studies, reports and forecasts a draft outline for the proposed study The Technical Committee plans to meet at least twice as often as the Task Force. Met Council staff and Dpi /DOT staff will be used as principal resources. Observations and Recommendations Although the principal focus of the study will probably continue to be the question of the location of bridges in the Anoka - Champlin area, it appears that the Task Force will provide a forum for discussion of some transportation issues which affect Brooklyn Center. Included in these issues are the following: 1. issues relating to the construction and development along the new • T.H. corridor 2. extension of the new T.H. 610 river crossing Westerly - at least to County Road 18 - T.H. 169 3. effects associated with stage - development of local roadway systems, including traffic problems on Humboldt Avenue, on France Avenue, on Brooklyn Boulevard 4. the need for pedestrian and bicycle trailways crossing the Mississippi River. Although it is impossible to determine how effective this group will be, it does appear to offer some promise for united action by local agencies in the North Metro area. Action Recommendation If the Brooklyn Center City Council wishes to participate in this Task Force, it shouldappoint 2 members to the Task Force and one member to the Technical Committee. (lIost agencies are appointing one elected official and a staff person to the Task Force, then appointing that same staff person to the Technical Committee.) This action can be taken by motion of the City Council. Notice of such action should be sent to the Metropolitan Council (Attention: Jim Uttley) 9 Respectfully sulmitted, �a NOTES ON THE NOVEMBER 14, 1984 MEETING of the NORTH METRO TRAFFIC TASK FORCE Attendance Jo Nunn, Metropolitan Council; Don Melrose, City of Anoka; Natalie A. Haas, Anoka County; Dan Erhart, Anoka County; Lyle Muehlbauer, Anoka Chamber of Commerce; Bob Lewis, Coon Rapids; Allen Sorteberg, Ramsey; Robert Brown, MN /DOT District 5; Dan Hartman, Champlin; Harlan Isom, Champlin; William Haas, Champlin; Maryann Schualenberg, (concerned citizen); Rick Engh, Brooklyn Park; Grady Boeck, Brooklyn Park; Jerry Dulgar, City of Anoka; Steve Alderson and Jim Uttley, Metropolitan Council staff. I. CALL TO ORDER and INTRODUCTIONS The meeting was called to order at 7:20 a.m. by Jerry Dulgar, Anoka _City Manager, and everyone was asked to introduce themselves. Mr. Dulgar reported that in addition to those present, invitations had been sent to Hennepin County, and the cities of Andover and Dayton. II. DEFINING THE SCOPE OF THE TASK FORCE Jo Nunn told the meeting that the Metropolitan Council would serve to coordinate the efforts of the Task Force as requested by the resolutions from the member jurisdictions, and indicated that the bridge - crossing issue was considered a priority by Council Chair Sandra Gardebring. Jim Uttley suggested that there may be a need to narrow the scope of the Task Force so that the limited resources available to the Council and the member jurisdictions could be put to the best possible use. As a first step in the narrowing process, he asked each of the people in attendance to' briefly state what they considered as the prime issue or issues that needed to be. addressed by the Task Force. City of Anoka • Ferry Street can't handle projected traffic levels • proposed improvements appear unlikely to solve the longer -range problem • another bridge crossing is needed, perhaps in the Dayton - Ramsey area Brooklyn Park o a new bridge is being built, the North Crosstown o the west part of the city could use a better crossing o supports use of CAB sewer approach to resolving sub- regional problems Champlin • proposed improvements to Ferry Street appear to be band -aid approach • Dayton Road along the river is a problem • an extension of Co. Rd. 14 appear questionable • future growth in the area is expected to be significant o task force needs to look at both short and long -term solutions o plans need to consider local comprehensive plans of the local jurisdictions Coon Rapids o traffic movement in the area is hampered by lakes o area is growing rapidly, better access is needed north /south and east /west o improvements are needed at interchanges with 10, 610, 47, 35W, 65 0 242 becoming overloaded 0 better access is needed to Minneapolis... 65 and 47 loaded with lights -z- o there may be more than one solution to the problem, for example, more Rum River bridges to provide better access to 65 Ramsey • there is a need for improving the Ferry Street crossing • another bridge from Ramsey to Dayton might help Anoka County o Rum River bridges may help o railroad crossings also hamper traffic flow, more unrestricted RR crossings(bridges) are needed. o BN expects 10 to 15 trains per day MN /DOT o there are enough trunk highway corridors and crossings o if this area were one jurisdiction, like Minneapolis, there would be a number of local bridge crossings already built—consider local crossings o Hennepin County, Brooklyn Center and Fridley should be involved Metropolitan Council • study area should be 694 to Elk River • - focus should be on one major issue,like bridge crossings, at a time o study should determine need for additional lanes of traffic across river first, then look at questions of funding and jurisdiction o study needs to consider alternatives such as Rum River and RR crossings III. MAKING THE TASK FORCE EFFECTIVE Discussion of expanding Task Force to include: Brooklyn Center; Pridley� Blaine, and Maple Grove. Decided to keep present makeup`, for now; Anoka and Hennepin counties, and the cities of Andover, Aaoka,Brooklyn Park, Champlin, Coon Rapids, Dayton and Ramsey. - — Discussion outline of task force functions was handed out by Jim Uttley(see - attached). There appeared to be general agreement with the points made in the outline. It was agreed that Task Force officers.would.be. elected at the next meeting. IV. APPOINTING A TECHNICAL COMMITTEE It was announced that the following people had been appointed to the technical committee from their respective jurisdictions: Paul Rund, Anoka County; Jerry Dulgar, Anoka; Grady Boeck, Brooklyn Park; Lee Starr, Coon Rapids; Bob Brown, MN /DOT; Jim Uttley and Steve Alderson, Metropolitan Council. First meeting of the technical committee will be immediately following the next Task Force meeting in Champlin on December 5. All Task Force member jurisdictions were requested to have their technical committee members present at the next Task Force meeting. V. NEXT MEETING OF TASK FORCE AND TECHNICAL COMMITTEE The next meeting of the Task Force will be at 7 :15 a.m. on Wednesday, December 5, 1984 in the Community Room at Champlin City Hall. Task Force members will elect officers, introduce their technical committee appointees, and review the discussion of the last meeting. The Task Force meeting should be ended by 8:00 a.m. and will be followed immediately by a meeting of the technical committee. .�. � ✓ ✓Cf'/ �i'y." G< < !'!d ion ll / ft S-- Respectfully submitted, f �� 4 1e4 1 - , l e y/ -�'s oe' Jim Ut t le y 7 1 , Attachment $iscussiON- ou- MINg'--0 ASK FORCE FUNCTIONS` Based on our past experience, it seems to work out best if the task force is viewed as an informal, voluntary association of local jurisdictions Any conclusions or agreements proposed by the task force as a result of its work will continue as the recommendations of the individual representatives unless or until accepted or ratified by by specific action of each jurisdictions governing body. Principal Functions of the Task Force • Serve as a forum for the study and discussion of relevant issues associated with river bridges in the area. • Establish a basis for coordination of transportation planning activities among the jurisdictions. • Facilitate development of concensus among the member jurisdictions where such is possible. Secondary Functions of the Task Force • Appoint a technical committee to provide.__staff ;support:.:to the task force. • • Set the committee's direction and objectives. • Charge the committee to perform specific tasks. • Periodically review committee progress, resolve- palicy questions raised by the committee. • Review committee products, proposals and__studv findings. • Communicate findings, conclusions and /or proposals to the policy- making bodies of all member jurisdictions for appropriate action. 11.13.84 ro It MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectio + DATE: December 12, 1984 SUBJECT: Recommendation Regarding Adoption of Interim Ordinance As you are well aware, a discussion was held with the Planning Commission at their December 6, 1984 meeting regarding future retail development within the City. The concern was raised by the staff that perhaps the amount of land already developed and utilized for retail purposes within the community was sufficient to meet our current and future needs. This discussion was in reaction to feelings we've had for some time based on our observations of the community. It seems that what has been attracted to Brooklyn Center in terms of recent retail development has been, for the most part, more of what we already have, or a shifting of retail uses from one location to another. For example, Brookdale Square, which is the most recently developed strip retail shopping center has not produced the "major retailers of a regional nature" which was prophesied by its developers. Instead, the major anchor of that center is a large toy dealer, whose location there may have had some effect on Toy City's decision to abandon its site along Summit Drive. Other retailers at that shopping center also are certainly not unique to Brooklyn Center. A major concern is that more retail development may well lead to again, more of the same and abandonment of existing buildings or tenant spaces within existing retail areas that may prove even more difficult to fill or reuse in the future. The Toy City building is a good illustration of this observation. It sat vacant for some time prior to its conversion by the St. Louis Park Medical Center as a medical facility. It is not totally occupied at this time. Brookdale Square still has space available and comments I've heard in the past is that Westbrook Mall has had some difficulty in retaining its tenants. Questions arise such as: does this community need more discount retailers with two K Mart stores, a LaBelle Is, Children's Palace, a Drug Emporium, etc.? Would more of the same types of retail uses cause more problems of abandoned buildings and vacant tenant spaces? Two Red Owl Country Stores within a half mile of each other apparently did not ove profitable and one was abandoned. That space has since P been leased, but certainly not immediately. These examples, and perhaps others, although not scientific in nature, lead us to believe that there might be too much retail development in the area and that possibly there is a need for an in depth analysis of these uses before permitting the last bit P Y P g of vacant C2 zoned land to be developed as such. The Year 2000 Committee has briefly discussed this issue and is considering the possibility of recommending that an analysis of existing retail development be undertaken and consideration be given to the type and extent of future retail development within the community. That committee's report and recommendations are certainly not in final form and much more review and discussion on the part of that group is necessary before a final document is recommended and it cannot be said with any Y certaint that such a recommendation will be but the observation has, nevertheless, been made. It was in this context that discussion of this concern was undertaken with the Planning Commission (see Planning Commission minutes from December 6, 1984). It was pointed out that relatively little vacant C2 zoned land exists in the community and its development maybe critical to Brooklyn Center. Traffic generation associated with retail development is also a concern from the standpoint of impact on existing public facilities. It should be noted that retail uses in the C2 zoning district are "permitted uses" and as such, the City can exercise little, or no control, as to their rights to locate within that district. If development standards such as parking, building setbacks, landscaping, site utilities, drainage, access and building treatment can meet City regulations, the use of the property by a permitted use cannot be denied. Of particular concern is the C2 zoned land bounded by Summit Drive on the north, Earle Brown Drive on the east, John Martin Drive on the south, and Shingle Creek Parkway on the west Byerly's had proposed a retail store on a portion of this property and an approximate 30,000 sq. ft. strip shopping center. To the east of the site another strip retail center had also been proposed. Byerly's has definitely abandoned its plans to develop the property and it is my understanding that the other strip retail center plans have also been abandoned. Amajor discount retailer has expressed interest in developing the old Byerly Is site, but no formal plan submission has been received. Other areas of the City currently zoned C2 and undeveloped and of concern include: A parcel between the Park Nicollet Clinic site and the old Summit Bank Center on Earle Brown Drive adjacent to T. H. 100. Some undeveloped parcels at the southwest quadrant of West River Road and 66th Avenue North in the vicinity of the Lynbrook Bowl. A small parcel located across from Cass Screw Machine at T. H. 100 and France Avenue North. Also, the ability to consider commercial uses, including retail uses, in the I -1 zoning district through the special use permit process gives vacant I -1 zoned land potential for retail uses. As the Planning Commission minutes indicate, the staff concern was discussed rather extensively and it was pointed out that this might be the appropriate time for the City to undertake an analysis of current and future retail uses which could lead to a need to revise the City's Comprehensive Plan and Zoning Ordinance regarding retail development. Two options were discussed as a means of addressing these matters. One was for the City to initiate rezonings on the particular parcels. The other was to proceed under 462.355_, Sub. 4 of the Minnesota Statutes (copy attached) which allows a City which is conducting a study, or has authorized a study for the purpose of considering adoption of amendments to its Comprehensive Plan or official controls (such as a Zoning Ordinance) to adopt an interim ordinance which may regulate, restrict or prohibit any use, development or subdivision within its jurisdiction for a period not to exceed one year. An extension of this time period can be given for an additional 18 months. The recommendation made to the Planning Commission by the staff involved suspension of future retail development on vacant C2 zoned land and suspension of further consideration of special use permits for retail development in the I -1 zone unless -2- the proposal was of an incidental or secondary nature to other nonretail uses. The recommendation would not prohibit expansion of already existing retail developments or the reuse of existing buildings for retail uses, only new retail development. The Planning Commission, by motion, requested that the Council consider adopting an interim ordinance to declare a moratorium on development on all vacant C2 zoned land within the City. The Commission felt that the Council should undertake a study . which would analyze and determine future commercial needs of the community and make recommendations regarding the necessary controls to attain these needs. With the limited amount of vacant developable land in the City, it becomes much more important that this land be utilized in a way that benefits the community rather than to just let it be developed into something that is unneeded or of no particular benefit to the community. The Commission also requested that if the City Council directed such an ordinance be adopted, that they be given the opportunity to review it prior to a first reading by the City Council. The Planning Commission action goes beyond the staff recommendation in that it would limit all development on vacant C2 zoned land where the staff proposal was only to limit retail development while allowing other permitted C2 uses such as service /office developments, restaurants, etc. to go on. If the City Council concurs with the Planning Commission recommendation, or a modified version, I'd recommend they direct the City Manager to begin seeking requests for proposals for such a study and prepare an interim ordinance, to be reviewed by the Planning Commission, suspending certain commercial developments within the City. r _3_ MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planning Assistant 0 DATE: December 14, 1984 SUBJECT: Commercial Land You have requested a computation of the acres of land within the ,City devoted to retail use and the number of acres of vacant C2 zoned land. I have compiled a list of parcels which will be typed up next week. I hope to include as well the floor area devoted to retail use on the developed parcels. I can tell you at this time that the total land area within the City devoted to retail use is approxi- mately 225 acres. The total area of vacant C2 zoned land in the City is approxi- mately 36 acres. Of the 225 acres of developed retail land, approximately 80 acres comprise Brookdale. The total of 225 acres include all parcels where the principal activity is retail trade. It does not include: freestanding restaur- ants, gas stations (including Superamerica), repair shops or office buildings which may be located on C2 zoned land. Given the extent of retail development in the community and the scarcity of remaining vacant land, I agree that it would be wise to carefully examine the potential use of remaining vacant land in the City as to how its development can further round out the community and fulfill the broadest possible range of community needs. Of course, I feel we have to be realistic in considering the viability and location - appropriateness of alternative land uses. - 35 1 �cc HOl•SING, KF.UF�'E[.OI'titE'.NT. PLANNING:, ZONING 462.356 p lanning agent} sh�+Il take dur c a'nizance of the Pl; s. activities of adjacen y units of covernrnent and ether aft' e(C public rec o mm end amendmerh wee neces- eview the pan a - ch:ill perntJtcall� r P >ar�. Subd. 2. Procedure for Plan adoption or ordinance consistent d tt wnh e the ! nt unie,a otlrenti i•e provided by ch 1 municipal charter. adopt and amend froth tints to time a com prehe n sive m + body• T plan as its recommendatian to the uOverning zT SUb ec•t of the plan or t c sections, each of «hick relates to a m j major geographical section of ,tip is erinulnicipaI pl i resolutions htttit ay an adopted in ed pr,•pose amendments to the comprel t the planning sg.ncy. Before adapting tite comprehensive municipal plan or t any section or amendntent of the plan. the planning .tae+tcy shall hold at least one ulic hearing thereon. A notice of theewi p a, place the 1 o un t � P b ereon, municipality a least as r tes shall he puh}ished once in the official nt p p dais before the day of the i te tuytlte The g body prior to hetpublication of amen�ltnent shall be tra>tsm the notice of hearing. Adoption and asnenre�ctlutiontadctptteJ by majority of all plan or of any section thereof shall be b y or f anv section or A co of the lan the members of the planning �e� °iri2s` plan ing agency shall bectcertified to the f: amendifient thereof adop . governing body of the municipa,,it} S governing body. Unless ubd. 3. Adoption by otherwise provided bti cl:tr- and ter. the governing body ma} by rest }lutun of ` re` °fin nded as he off ial ;►mr.d tl::' cnn?r.-ehe-tscv ? plan or p the , ihetl b ordinance. y ' municipal plan upon such no and hearing as ;It..y be p ': " } 3 Until so adopted by the govern:na bodv. the plan shall constitute only the i recommendation of he planning aaenc Subd 4. Irtteri r ordinance. if a municipality is conducting studies or has a hearing foi the authorized a studv to be conducted ur has held f a c ni r scheduled enave plan cr official ` purpose of considering adoption or amendm n P sectio ct 46- ado su t is anne t e a t erritory munic for pality w controls as defined in x plans or controls have n l? er o� body of the musucipalit` may adopt re�tz tint the planning a and g p,rp P .. all or part of its jurisdiction far the u c se the health, safety and �ve`�ar ar s lb.i- visiusmsvithin tile e jurtsdicaon or restrict or prohibit any u develo a portion thereof for a period not to z t eriods the municipalitysmay deem and may be extended for such a ddition. i p s a ro Hate, not exceeding a total additional period of 18 months. No ingiven pp p i ordinance may halt. dela }. or Impede ctive date of the �intertm ordinance. n & 3 p pproval prior to the ef fective ii 7 3•t7 s 68: 1990 e 566 s 24 liinar a ' ;; History: 196- c 670 s ;: 1976 c 127 s 1: 19 7 c ' ;56 PROCEDI'ME FOR PLAN EFFECTUATION; CENF.RAL re c 462 o Subdivision i. kt ontrnendation` f nPhl Cx uet'on' t rp<al to o r c s mm ons t lotion h}' the planning a� -encv ut t governing hody thereof. the plannine a`encs Shall st,iJt + atntite Propose r to rrtictn of he plan into reasonable and practicable m a►ts for 1 l effect. Subject to the lin ce =aui :tti tile ins rregulat10n fortthessubdivi. ion of land, but are not limited t.�, 10111111 an official map, a program for cornlih n��ren and services of the municipal' MIM and ai'capit`tl improvements ipaltt}, urban ' i program. •3 � i .... , ._ ..r... r....,�- m -- . oR -- •' ..c..•+.tRr..... v .t „,.._....w= -. .. M w..K -va:.t v +.e.:w+.ssr. - ..,.wv ^: wt•a".kr..6, «.r�tt�vtW.Oiwa{r. s ,. 7: i= we{. ?i.,,nwGv.rt ...rn+ -' yr pt' i' r r�. t. F: ti. �.$.MV .�..•:..�.;tta"•� , ; a v' y ” .`� ` , 1 s '75k IIOLSING• RFI)f:VF.1,01 PLANNING, ZONING 462354 7 ' z Subd. 13. "Plat" means the drawing or mar of a st,hdiv►sion prepared for f►line of record pursuant to chapter 505 and containing all elements and require- e local regulations adopted pursuant to section 462.35$ merty; set forth in applicabl and chapter 505. Y Subd. 14. "Subdivision regulation "means an ordinance adopted pursuant to - r section 462.358 regulatimLI the suhdl%i%ion of land. � d� Subd. 15. "Official controls" or **controls" means ordinances and reeula- t lions which control the physic, development of a city. county or town or am part u P thereof or any detail thereof and implement the general objectives of the compre ; hensive plan. Official controls may include ordinances estahlishin zoninc, suhdi- fficial vi%ion controls, site plan regulations. s:►nitary' codes, building codes and o naps. ,t Subd. 16. ` " Preliminary approval means official action taken h }' a n)unici- pa1'►tt' on an application to create a subdivision v:hich estahlishcs the rights and 3 nhligatiuns set forth in section 462.358 and the applitahle subdivision regulation: In accordance with section 462.358, and unless otherwise spec,tu_d in the applied- g hie subdivision regulatiur., preliminary approval may be granted -.1y. following the r"vie and approval of a preliminary plat or other mar or d, ing establishing s t�er. layout, and location of without limitation the num lots tr etc, blocks, and narcelssto be created. location of streets, roads. utilities and facilities. park and Drainage facilities. and Iands to be dedicated for public use. s 1980 c 509 s � � 7 c 3I7. `f 3 s 7• I 9 -1 ,t r History: 1965 c 6�0 s 1973 c 1__ _ . �. 153: 1950 c ;66 s 19 -33: 1982 c 507 s+ 21: 1952 c 5 - 1 0s 3 .l62 iS3 P.LTI-IO::I n' TO PLAN. ! Subdivision "l. General authority. A municipality mat carry on contp t liv municipal planning actiy►tizs Mr 4�eiidin�� the future development and im prove - i went of the municipality ality and may prepare. adopt and amend a comprehensive ;. an d i such ,lair br ordinance and other official actions in . nunicipal plan an t 1 . ` accordance with the provisions of sections 46'_.351 to 46_'.364. Subd. Z Studies and reports. In exercising its p under subdivision La, ' municipality may collect and analyze data. prepare maps. charts, tables, and other i illustrations and displays. and conduct necessary studies, A munici may i.: :. its p urpo se suc�estiuns, and findings an planning matter., may distrib p P rl , • y advise the public on the punning matters within the ute reports thereon. and ma f scope of its duties and objectives. : Subd. 3. Appropr iation and contracts. A municipality may appropriate .; money's from any Fund not dedicated to other purposes in order to fin ance its planning activities. A municipality may receive and expend grants and gifts for planning purposes and ntay enter intt� contracts with the federal and state �. zovcrnments or with other public or private a��encies in furtherance of the ' : planning activities authorized by sections 4t,2.351 to 462.364. = . Subd. 4. Fees. A municipality mat prescribe fees sufficient to defray the i ' i rusts incurred by it in reviewing. investigating• and administering an application 1 for an amendment to 'In official control estahhshed pursuant it) sections 40 1 to 3 . 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections. lees as prescribed shall be by ordinance. 3 l History; 1965'c 670 s 3: 1952 c 415 s 1 s. t ► , 4462 -1 0r1%1GAN1"Lr`.1T FO : 1 i Subdivision 1. P1an.:aig isftetrcy- A municipality may by charter or ordi =' l a ' n. +nre create a planning agIncy• A planning agency crritrd t•y uidu�ance may he k � ay •ryHp.. `»1Y' elf• l ge°S�?"' , h R.".>,'�'T • f ei ti...rsm,. ' . . ?;�i+tt','+S'9t.!!�MM�6�?a /c'!•�". �"•`.. `R°*�"'r � ,, ' [emu + 41f�v +xdYi,e''..$��fi?na'Y�.atat4 .�,"v'''1i%v�'f+t? 1bi'if1A±3t'/�.'P0.•r!i riY r' i7MWw�nW�aQ�j'�l1b.j'eW+�•� Wv �F�. ilwrhMtltWibi `t�FC+14�'"`��t!�`iiT= _ permitted use and then amend its ordinance to make them a a special use, but that this would be like closing the barn door after the cows were out. Commissioner Sandstrom stated that he felt the Commission agreed that the center was an educational use. There followed a discussion as to whether the Commission did feel the day care center was to be considered an educational use. The Secretary stated that he did not feel the Planning, Commission should feel pressured to act favorably for the applicant's sake because the applicant had known about this problem since August. ACTION TABLING APPLICATION NO 84039 (New Horizon Enterprises, Inc.) Motion by Commissioner Ainas seconded by Commissioner r;alecki to table Application No. 84039 and to direct staff to prepare an ordinance to allow State certified day care centers as a special use in the C1 and C2 zoning districts. While the motion was on the floor, there was a brief discussion regarding the timing of the application and amendment of the Zoning Ordinance to allow for day care centers by special use permit in the C2 zoning district. Voting in favor of the above motion: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Bernards. Voting against: Commissioner Nelson. The motion passed. Commissioner Nelson stated that he felt that the use could be considered similar in nature to an educational use and, therefore, permitted in the C2 zoning district. RECESS The Planning Commission recessed at 9:35 p.m. and resumed at 9:57 P.M. Following the recess, Commissioner Sandstrom stated that he wished to change his vote on the motion to table Application No. 84039 to no. The change in vote had no effect on the outcome of the vote. DISCUSSION ITEMS a. Retail Development /Interim Ordinance The Secretary introduced the first discussion item by explaining that there was concern on the part of the staff as to whether or not there is a need for future retail development within the City. He noted that there is a limited amount of C2 zoned land within the City, most of which is situated in the block bounded by Shingle Creek Parkway on the west, Summit Drive on the north, Earle Brown Drive on the east and John Martin Drive on the south. The next largest area of vacant C2 zoned land was some undeveloped parcels around 66th and West River Road and in the Lynbrook Bowl area. The concern, he stated, was that it appeared that Brooklyn Center was well served by the existing retail development and that what is located in Brooklyn Center and surrounding communities may well be enough to serve future community needs as well. He added that traffic associated with major retail developments was also somewhat of a concern as to whether existing facilities can handle this development in the area. He noted that it appears with the last retail development completed that all we are able to attract is more of the same type of retail development that more or less leads to a shifting of location and subsequent vacant buildings or tenant spaces. More retail development on existing vacant C2 land could possibly lead to an expansion of these problems. The Secretary noted that the Year 2000 Committee has briefly discussed and is -6- considering, as part of its report to the City Council, a recommendation to conduct an.analysis of existing retail development and to consider the type and extent of future retail needs within the community. He also noted that as the Commission was well aware, the Byerly's project was definitely not going ahead and that an adjacent strip shopping center would also not be built because of Byerly's decision. He added that to some extent, there was a sigh of relief on the part of some staff members because of a gut feeling that perhaps we have enough retail development already. He pointed out that currently there are no active plans that the City is committed to for retail development in these areas, although there have been indications that a large discount retailer is interested in the Byerly's site. He stated that this might be the appropriate time for the City to study the retail needs of the community and determine the best use of the remaining vacant C2 zoned property. He explained that such a study would probably involve the hiring of a consultant. The Secretary then discussed two basic options of holding retail development in abeyance if the Planning Commission concurred with the need for a study: attempting to rezone property through City initiated rezoning$ or adopting an interim ordinance pursuant to M.S. 462.355 Sub.4 which could suspend retail development on vacant C2 zoned land within the City. He stated that, while an interim ordinance was in effect, a study by a consultant could be done on the need for further retail development within Brooklyn Center. The Secretary reviewed the provisions in State Statutes relating to this type of action. Chairman Lucht noted that a committee has been established to study development on the Earle Brown Farm and that it might be appropriate to look at other uses in the ` area for their compatibility with development on the Earle Brown Farm site. Commissioner Sandstrom stated that developers make studies of the marketability of potential developments before they build on land. He wondered whether there was _a need for additional studies. Commissioner Ainas asked how those studies served the City's purposes. Chairman Lucht stated that there was a concern about the possible impact of further retail development on K Mart and on other shopping centers in the City which may have to go through a redevelopment if those businesses fail as a result of new commercial development. Commissioner Sandstrom stated that the City has not been concerned about that problem in the past. The Secretary then reviewed the history of the Brookdale Square development which involved extensive disagreement between the City and private consultants. He stated that now some of the consultants that are advising the owners of the shopping center are taking the same position that the City took prior to the time the center was built. Commissioner Sandstrom stated that he would not be opposed to an interim ordinance, but that it should be flexible enough to be rescinded if the right developer came along to develop a key piece of property. Commissioner Nelson asked how much vacant C2 land presently existed in the community. The Secretary and the Planning Assistant discussed various parcels that remained to be developed and concluded that there was somewhere between 3.5 and 50 acres of vacant C2 zoned land left in the City. There followed a fairly lengthy discussion over the need for a study of vacant retail zoned land in the community and the skepticism that exists among the staff over the need for further retail development. The Secretary and the Planning Assistant stressed that there are fewer and fewer acres of vacant developable land in the City and that it is important for the City to get the best possible benefit from those parcels that it can before an alternate development perhaps locks the City into something that is unneeded or will not particularly benefit the community. -7- r There was also discussion regarding the procedure of using an interim ordinance. Commissioner Ainas suggested that the moritorium be at least four, but probably not more than six months in duration. Commissioner Manson noted that other suburban areas having large regional shopping centers seem to have even more retail than Brooklyn Center and that perhaps a study might conclude that more retail is needed, but perhaps a better variety or a different caliber. She added that she supports the idea of a study. The Secretary noted that if such an interim ordinance were recommended, it was not the staff's position that the suspension include already existing or developed C2 parcels such as the expansion of existing retail or the remodeling and occupying of existing buildings, only a temporary suspension of new retail uses. Commissioner Nelson recommended that the ordinance limit all development on vacant C2 zoned land. He stated that it would perhaps be unwise to limit only retail development of such land since a consultant might find that a retail development is, in fact, the best use of the property. Chairman Lucht said that he would like the Commission to review the language of the interim ordinance if the City Council would so direct. ACTION REQUESTING THAT THE CITY COUNCIL CONSIDER AN INTERIM ORDINANCE Motion by Commissioner Sandstrom seconded by Commissioner Nelson to request that the City Council consider an interim ordinance to declare a moritorium on development on all vacant C2 zoned land within Brooklyn Center.' Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. f MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief. of Police DATE: December 11, 1984 SUBJECT: Police Department Liquor License Annual Report This report is a summary of all Police Department actions taken in and around liquor establishments holding on -sale liquor licenses and on -sale wine and nonintoxicating liquor licenses within the City of Brooklyn Center. The reporting period is January 1, 1984 to Novem- ber 20, 1984. There are eighteen (18) establishments included in this report There were 521 calls for service and 217 citations issued, for a total of 738 Police Department actions at these 18 establishments. The following is a table which lists the past five (5) year's exper- ience in calls and the number of establishments in that same time period for corresponding years YEAR NUMBER OF ESTABLISHMENTS NUMBER OF INCIDENTS 1980 14 368 (79 tags) 1981 16 484 (54 tags) 1982 18 (19 as of Dec.l) 457 (140 tags) 1983 18 555 (199 tags) 1984 18 738 (217 tags) AMERICAN LEGION CLUB 4307 70 Avenue North The American Legion Club was the subject of an extensive liquor li- cense investigation in June and July, 1984. Two (2) incidents which occurred off the property of the American Legion Club, and one (1) incident occurring on the property, showed a need for a review of the American Legion Club's operation. The two (2) incidents occur - ring off the property occurred in May, 1984. The first involved a pedestrian /motor vehicle accident which occurred approximately one block from the American Legion Club. The victim was identified as a patron who had just left the American Legion Club. The victim had a blood alcohol concentration of .2560. The second incident occurring off the property involved a driving while intoxicated arrest, where the arresting officer noticed an open container of alcoholic beverage in the suspect's vehicle. The suspect stated * that he had just been served the alcoholic beverage at the American Legion Club and had been allowed to take it with him when he left. Memo December 11, 1984 Page 2 The time of arrest indicated that the American Legion Club was selling alcoholic beverages after hours. In June, 1984, on -duty police officers noticed activity at the Ameri- can Legion at 1:40 a.m. Officers looked through the windows of the Club and observed approximately a half a dozen people sitting at the bar drinking alcoholic beverages. Officers tried to gain entrance to the Club, but were refused. Officers were finally able to gain en- trance after several minutes of knocking on the door and announcing themselves. The bartender was issued a citation for improper hours of operation of intoxicating beverages Subsequent investigation showed that patrons were allowed to gamble at the Club. Card games, sports betting and pull tabs were popular forms of gambling. The liquor license at the American Legion Club was suspended for twenty (20) consecutive days, beginning October 5, 1984 as a result of the.findings of the investigation There were two (2) reported incidents at the American Legion Club. Both calls relate to the liquor operation. The first call was one causing trouble in the bar, later determined to be unfounded, and the second was the violation of hours of operation. The Police De- partment will continue to monitor activity at this license holder in 1985. 1- - Disturbance 1 - Liquor Law Violation BEACON BOWL 6525 Lyndale Avenue North The Beacon Bowl had no calls related to their liquor operation. There was only one (1) reported incident at this location,. The Police De- partment sees no problem with this license. 1 - Lockout CHUCK MUER'S SEAFOOD RESTAURANT - 2101 Freeway Boulevard There were two (2) calls related to the liquor operation. One call was five (5) drunks disturbing. The individuals causing the distur- bance were gone on the officers arrival.- The second was a liquor, license update. There were twenty -three (23) reported incidents at this location. The Police Department sees no problem with this li- cense 6 Fire Lane Tags 5 - Lockouts 4 Alarms (all false) 4 Handicapped Parking Violations 1 - Stolen Auto 1 Theft From Auto 1 - Dis t urbanc c 1 Liquor License Up(late- Memo December 11, 1984 Page 3 CHUCK WAGON INN 5720 Morgan Aven North There was one (1) call relating to the liquor operation. A male customer appeared to be too intoxicated to take care of himself and was taken home by a friend. There was one (1) reported incident at this location. The Police Department sees no problem with this license. 1 Miscellaneous Public DAVANNI'S - 5937 Summit Drive There were no calls relating to the liquor operation. There were six (6) calls at this location. The Police Department sees no prob- lem with this license. 4 - Lockouts 1 - Telephone Threat 1 - Larceny DENNY'S RESTAURANT 3901 Lakebreeze Avenue North There were eight (8) calls relating to the liquor operation. There were three (3) fight calls, none of a serious nature. There were two (2) DWI arrests in the parking lot, one involving a hit and run accident. There were two_..- (2)_complaints of intoxicated parties in cars in the parking lot and one was sent to Detox. There were nine- teen (19) incidents 'reported at this location. The 'Police Department sees no problem with this license. 5 - Lockouts 5 Disturbance Calls 3 - Fights 2 - DWI Arrests 1 - Driving Offense 1 To Detox 1 - Public Assist 1 - Theft EARLE BROWN BOWL - 6440 James Circle There were thirteen (13) calls relating to the liquor operation. There was one (1) DWI arrest in the parking lot. There was one (1) report of parties sneaking beer into the bowling alley. The subjects were gone when officers arrived. There was one (1) fight call,.Vhich resulted in the warrant arrest of one of the combatants'. There were . seven (7) complaints of intoxicated individuals in the bar, one of which was taken to Detox. There were two (2) complaints of customer trouble in the bar. Officers advised in one case and in another case, the subject was gone. There was one (1) liquor license investigation conducted into the background of a new manager. Memo December 11, 1984 Page 4 There were seventy- eight (78) incidents reported at this location. This establishment has had an increase in general police activity and in disturbance calls. There is no problem with management. 19 - Handicapped Parking Tags 14 - Lockouts 13 = Disturbance Calls 7 - Property Damage Accidents 5 Larcenies 3 - Recovered Autos 3 - Fire Lane Tags 2 - Auto Thefts 2 - Thefts From Auto 1 Bicycle Theft 1 - Forgery 1 - Vandalism 1 - DWI Arrest 1 Runaway 1 - Impounded Car 1 Found Property 1 To Detox I— Fight Call 1 - Liquor License Background Investigation GOOD EARTH RESTAURANT - 5717 Xerxes Avenue North There were seven (7) calls to this location. Only one (1) call re- lated to the liquor operation and that was a liquor license background investigation. The Police Department sees no problem with this license. 5 - Lockouts 1 - Alarm (false) 1 Liquor License Background Investigation GREEN MILL - 5540 Brooklvn Boulevard There were forty -four (44) reported incidents at this location. Two (2) incidents related to the liquor operation. Officers assisted on a problem with an intoxicated individual who tried to drive from the scene and one (1) intoxicated customer was removed from the bar. The Police Department sees no problem with this license. 30 - Handicapped Parking Tags 5 - Lockouts 3 Disturbance Calls 2 Hit and Run/Property Damage Accidents 1 Watermain Break 1 - Vandalism 1 - Theft From Auto 1 - Fire Alarm (false) Memo December 11, 1984 Page 5 GROUND ROUND 2545 County Road 10 There were forty (40) calls at this location. Four (4) of the calls related to the liquor operation There were two (2) fights in the bar, which were broken up by police officers, and one (1) fight in the parking lot. There were no arrests in any of the cases. In the fourth incident, an intoxicated female in the lot was assisted in finding transportation home. The Police Department sees no problem with this license. 10 - Fire Lane Tags 6 - Handicapped Parking Tags 6 - Disturbance Calls 6 - Lockouts 6 - Alarms (all unfounded) 2 - Larcenies 2 - Hit and Run /Property Damage Accidents 1 Medical 1 - Warrant Arrest HAPPY DRAGON - 5532 Brooklyn Boulevard . The Happy Dragon Restaurant was in operation from January 1, 1984 through June 30, 1984. Nankin Express took possession on or about July 6, 1984. Nankin Express does not have a liquor license. There were two (2) reported incidents at this location, neither affected the liquor operation. 1 Lockout 1 - Theft From Auto HOLIDAY INN - 1501 Freeway Boulevard The Holiday Inn reported one hundred and sixty -nine (169) incidents. Sixteen (16) calls related to the liquor operation. There were seven (7) calls of unruly groups, either in the bar or at poolside. Only one were five 5 1 arrest occurred Burin -There e ( ) ( ) g these seven calls. fight calls to the bar or lobby area of the Holiday Inn. There were two (2) calls of intoxicated individuals in the bar causing problems. One '(1) of the individuals was taken to Detox. There were two (2) calls of customer trouble at the Holiday Inn, which officers assisted and advised on. Although this license hold generates a great deal of police activity, the management works closely with the Police Depart- ment. 56 - Handicapped Parking Tags 34 - Disturbance Calls 12 - Thefts 12 Lockouts 6 - Fire Alarms 5 Theft From Auto (continued...) Memo December 11, 198 Page 6 5 Fights 4 - Forgery and Fraud 4 - Vandalism 4 - Medicals 4 - Fire Calls 3 - Fire Lane Violations 3 Missing Persons 3 Found Property 3 - To Detox 2 - Recovered Stolen Autos 2 - Animal Complaints 2 - VARDA Alarms 1 - Hit and Run /Property Damage Accident 1 - Warrant Arrest 1 - Arrest for Disorderly Conduct LITTLE BROOKLYN - 6219 Brooklyn Boulevard There were three (3) reported incidents at this location. None ; relate to the liquor operation. The Police Department sees no problem with this license. 3 - Lockouts LYNBROOK BOWL - 6357 North Lilac Drive There were two hundred and fifty -three (253) reported incidents at this location. The minor in possession of alcoholic beverage viola- tion and the drug offenses have taken place in the parking lot adja- cent to the Lynbrook Bowl. Merchants in the area complained of youths - gathering in the parking lot and the increased patrol in the area re- sulted in more arrests for drug offenses and minor in possession. There were thirteen (13) fight calls to the Lynbrook Bowl. Only one (1) arrest took place during these thirteen calls. In the remainder of the calls, officers quelled the disturbance or the fight had stopped upon arrival. Approximately half of t officers a Pp Y he forty (40) disturbance calls were a result of activity in the parking lot of the Lynbrook I (' closel with the Police De- Bowl. The management continues to work Y partment. 84 - Handicapped Parking Tags 40 - Disturbance Calls 25 - Theft From Auto 15 - Lockouts 10 - No Parking Citations 9 - Fire Lane Citations 8 Fights in the Bar $ - flit and Run /Property Damage Accidents 7 Vandalism 6 - Liquor Violations (Minor in Possession) 6 Drug Offenses (conti.nued...) Memo December 11, 1984 Page 7 5 - Fights in the Parking Lot 5 - Missing Persons 4 Medicals 4 - Bicycle Thefts 4 Warrant Arrests 3 - Larcenies 3 - Trespassing 2 - Stolen Auto 2 - Recovered Property 1 - Kidnapping 1 - Domestic 1 - Open Ignition RED LOBSTER - 7235 Brooklyn Boulevard There were nine (9) calls to the Red Lobster during this period. The only call relating to the liquor operation was a liquor license back- ground investigation done on a new manager. The Police Department sees no problem with this license. 3 - Lockouts 1.- Stolen Bicycle 1 - Theft From Auto 1 - Medical 1 Alarm (false) 1 - Disturbance 1 - Liquor License Background Investigation SHOWBIZ PIZZA - 5939 John Martin Drive There were a total of thirty -five (35) calls at this location. Offi- cers investigated two (2) assaults at this location and made one (1) arrest in one of the cases. The Police Department also conducted a liquor license background investigation on a new manager for ShowBiz Pizza. The Police Department sees no problem with this license 14 Lockouts 6 - Larcenies 5 Alarms (all false) 4 - Disturbance Calls 2 - Vandalism 1 - Theft From Auto 1 - Auto Theft 1 - Medical 1 Liquor License Background Investigation Memo December 11, 1984 Page 8 T. WRIGHT'S - 5800 Shingle Creek Parkway There were forty -two calls to this location. One '(1) DWI arrest was made in the parking lot. Officers also responded to a complaint of an individual passed out, sitting in a car in the parking lot. Offi- cers investigated two (2) assaults at T. Wright's, one (1) of which resulted in charges brought against the assailant. The Police De- partment sees no problem with this license. 13 - Lockouts 6 - Handicapped Parking Tags 4 - Disturbance Calls 4 Theft From Auto 3 Hit and Run /Property Damage Accidents 2 - Alarms (both false) 2 Missing Persons 2 - Medicals 2 - Forgery and Fraud 1 - Stolen Auto 1 - DWI Arrest 1 - Personal Injui7y Accident • 1 •- Car Fire Y EN CHING RESTAURANT - 5900 Shingle Creek Parkway There were five (5) incidents reported at this location. The Police Department sees no problem with this license. 2 - Medicals 2 Vandalisms 1 - Disturbance Call 0 Licenses to be approved by the City Council on December 14, 1984 AMUSEMENT DEVICE OPERATOR Red Lobster 7235 Brooklyn Blvd. CU' of of Police BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6440 James Circle 1 Lynbrook Bowl 6357 N. Lilac Dr,. X �S[ City Clerk CIGARETTE LICENSE A & J Enterprises. 6843 Washington Ave. S. Ault 1600 Freeway Blvd. Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Beacon Bowl 6525 Lyndale Ave. N. Brookdale Ford 2500 County Rd. 10 Brooklyn Center Mobil 6849 Brooklyn Blvd Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. Denne's Market 6912 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Gift Shop Too 1501 Freeway Blvd • 4 nter City Oil 6300 Brooklyn Blvd. K-Mart Corp. 3600 63rd Ave. N. Lynbrook Bowl 6357 N. Lilac Dr. Miernik Vending 7258 Commerce Cir. E. Brookdale Towers 2810 County Rd. 10 Hiawatha Rubber 1700 67th Ave. N. Total Petroleum 6830 Brooklyn Blvd. City Clerk GASOLINE SERVICE STATION LICENSE Brooklyn Center Mobil 6849 Brooklyn Blvd. Davies Water Equipment 4010 Lakebreeze Ave. N. Green Meadows 3319 49th Ave. N. Munn Black Top 3601 48th Ave. N. Northern States Power 4501 68th Ave. N. Osseo- Brooklyn Bus Co. 4435 68th Ave. N. Total Petroleum 6830 Brooklyn Blvd. 10� \0 City Clerk MECHANICAL SYSTEMS LICENSE Rapid Heating & Air Cond. 205 Atlantic Ln. Q /l Bu flding icia NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind Rd. Brookdale Urgent Care 6000 Earle Brown Dr. North France Health Club 4001 Lakebreeze Ave. Salvation Army 2300 Freeway Blvd. Sanitarian OFF - SALE N ONINTOXICATING LIQUOR LICENSE Country Store 3600 63rd Ave. N. i - ChOf of Ponce f ,. * TABLE LICENSE Earle Lrown Eowl 6440 James Circle Lynbrook Bowl - 6357 N. Lilac Dr. ' Ci erk PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle City C erk RENTAL DWELLING LICENSE Initial: S 0 S Properties 5200 France Ave. N. Gregory M. Ray 3713 Urban Ave. N. Renewal: E. Sullivan, H Oien 5329 �3 Brooklyn Blvd. Gary & Vicki Zimmerman G Vz Z e 6 2 Brook 5 7 Y Brooklyn Blvd. Fred Johnson 5324 Bryant Ave. N. Robert A. Gold 7217 Camden Ave. N. Larry Fields 6618 Camden Dr. herritt h rr' E. S S e itt Dr ew A ve N. J 2 D 5 35 37 , , Leroy G. Meyering 6400 Major Ave. N. Glen Marsh 910 55th Ave N. Eugene W. Hess g 218 3 6 rd 3 rd Ave. N. Larry ederson 401 6 rd Ave. N. Y 5 3 Gary M. Olson 3715 69th Ave. N. Gladys E. Perisian 3806 72nd Ave. N. Director of Planning and Inspection SPECIAL FOOD HANDLING LICENSE ...� European Health Spa 2920 County Rd 10 Sanitarian SWIMMING POOL LICENSE Brookwood Estates 6201 N. Lilac Dr. Sanitarian TAXICAB LICENSE Suburban Yellow 127 1st Ave. S. Q.Q c4jir of Police GENERAL APPROVAL. Gerald G. SplinterV City Clerk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING INSURANCE CONTRACT WHEREAS, the Director of Finance has sought insurance proposals for the City's liquor liability insurance; and WHEREAS, proposals'were submitted to the City and they are summarized and compared as follows John H. Crowther, Inc. (Transcontinental Insurance Company) $21,195.00 Blackburn, Nickels, & Smith, Inc. 1 0.0 an 12 74 . Allied Fidelity Insurance Company) ( Y P Y NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the proposal and award an insurance contract to Blackburn, Nickels & Smith, Inc. for liquor liability insurance for an estimated annual premium of $12,741.00. Date Mayor ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by of being taken thereon the followin g and upon vote , member , P g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 777] DEPARTMENT CITY OF OF (BROOKLYN FINANCE CENTER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 17, 1984 SUBJECT: RESOLUTION AWARDING INSURANCE CONTRACT I have attached a resolution which, if adopted by the City Council, would award an insurance contract for the City's liquor liability (dram shop) - insurance for an estimated annual premium of $12,741.00. As Peter Tritz from the League of Minnesota Cities points out in the attached letter, the market for dram shop insurance has deteriorated dramatically in the past two months. Many cities have been unable to get renewal quotes and others have seen extremely large premium increases. Our insurance is currently with the Transcontinental Insurance Company, (John H. Crowther, Inc., Agent) with an annual premium of $6,185. They have offered to renew at $21,195. There are currently only five insurance companies who are willing to write dram shop in- surance in Minnesota. Three of these will only write renewals of existing policies or new policies if they have the entire insurance coverages of the City. Although our annual estimated premium has nearly doubled, we are probably more fortunate than most other cities. I might add that our current annual premium of $6,185 is extremely low - considerably lower than it had been for many years prior to 1984. I recommend that we accept the proposal of the Allied Fidelity Insurance Company. Respectfully submitted, Paul W. Holmlund PWH:ps Attachments ,• 74e Sa4m t X11 ou 64 ., -lilt ILIII league of minnesota cities December 10, 1984 To,: Cities operating municipal liquor stores From Peter Tritz Re: Dram shop insurance; The market for dram shop insurance has deteriorated dramatically in the past two months, We have heard from a number of cities who are having trouble getting renewal quotes on their dram shop coverage, Cities who have recently gotten quotes have seen extremely large increases in the premium, (We've seen several instances where the premium quoted for renewal is more than ten times last year's, premium,) The problem is especially severe for on -sale establishments, and for stores which have had any claims in the past, If -you have not yet talked to your insurance agent about your dram shop insurance renewal, you should do so as soon as possible. There are currently two provisions in state law designed to help assure the availability of dram 'shop insurance, First, the Insurance Department is directed by statute to operate a "market assistance program," consisting "of a committee of insurance agents and insurance company representatives, The purpose of this program is to provide information regarding the companies which are currently writing dram shop insurance, Second, the statutes direct the Commissioner of Insurance to establish an assigned risk plan "if necessary," So far, the Insurance Department has not concluded that such a plan is necessary. If you do experience difficulty in getting dram shop insurance, or if you are faced with unreasonably large premium increases, it would be a good idea to contact the Insurance Department, both to request whatever assistance they can provide, and also to help keep them apprised of the situation. Comments and inquiries can be sent to Reynaud Harp, Deputy Commissioner for Insurance, 500 Metro Square Bldg,, 7th and Robert Streets, St, Paul Mn, 55101; (612) 296 -6907, It might also be to worthwhile talk to your legislators about the situation. Also, let us know of your experience, 183 university avenue east, st. paul, minnesota 55101 (612)227-5600 •„ � CP T „,�� o icW, - MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant DATE: December 14, 1984 SUBJECT: Charter Amendment on Even Year Elections The ordinance before the Council for discussion item 11C (Charter Amendment Proposing Even Year Elections) at the November 19, 1984 council meeting did not include an amendment to Section 4.01 of the City Charter. An amendment to Section 4.01 (see attached ordinance amendment) is necessary to amend the Charter to change to even year elections. The published ordinance contains the amendment to Section 4.01. The attached transmittal letter from* the Charter Commission acknowledges the amendment to Section 4.01 of the Charter. 4f 0z' TO: The Honorable Mayor and Members of the City Council of Brooklyn Center FROM: The City of Brooklyn Center CHARTER COMMISSION DATE: December 10, 1984 RE: TRANSMITTAL OF RECCINU. E " DED ADDITICNAL AMENDMENT TO THE BROOKLYN CENTE CITY CHARTER REGARDING ELECTIONS Pursuant to Minnesota Statutes 410.12, Subdivision 7, and upon the recommendation of the City Attorney, the Brooklyn Center Charter Commission recommends the adoption by ordinance of the attached proposed amendment to the Brooklyn Center City Charter. This amendment is specifically in regard to Section 4.01 of the Brooklyn Center City In essence, this section of the Charter should be amended to read each even numbered year instead of each year to correspond with the amendment to Section 2.03 relayed to you via my transmittal letter of May 31, 1984. Respectfully, Donn Escher Chairman BROOKLYN CENTER CHARTER COMMISSIONT cb Attachment f CITY OF BROCY.LYN CFNTER n � ate Notice is hereby given that a public hearing will be held on the 28th day of January, 1985 at 8:00 p.m, at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Charter. ORDINANCE N0. AN ORDINANCE AMENDING THE BROOKLY14 CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN A FOLLOWS: Section 1. Sections 2.03 and 4.01 of the Brooklyn Center City Charter are hereby amended in the following manner: Section 2.03 Elective Officers. The Council shall be composed of a Mayor and four Councilmembers who shall be registered voters of Brooklyn Center, and who shall be elected at large. Each Councilmember shall serve for a term of [three (3)) four (4) years. The Mayor shall serve for a term of two (2) years. The Council shall be canvassers of the election of the flayor and the Councilmembers. Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even numbered year at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks' previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 2. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Dez ember 6, 1984 Effective Date (Brackets indicate matter to be deleted., underline indicates new matter.)