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HomeMy WebLinkAbout1984 02-27 CCP Regular Session J (_ CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER FEBRUARY 27, 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 - February 13, 1984 7. Presentation by North Star Race Track Association Regarding Proposed Horse Racing Track Site in Elaine 8. Resolutions: a. Receiving City Engineer's Report, Establishing Lift Station improvement Project No. 1983 -09, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1984 -B) -This project provides for installation of alarm telemetry units in seven of the City's nine lift stations, installation of emergency adapters for connection to an alternate electrical source (portable generator) , modification of the controls for lift station No. 1 and purchase of a portable generator. b. Receiving City Engineer's Report, Establishing Street Improvement Project No. 1984 -03, and Calling for a Hearing on Improvement Project No. 1984 -03 (Halifax Avenue and 70th Avenue Street improvements) -This resolution provides for a street widening and curb and gutter installation along Halifax and 70th Avenues for the purpose of parking lane construction adjacent to St. Alphonsus Catholic Church. c. Amending the 1Q84 Employee Position and Classification Plan -This resolution provides for the deletion of the Public Utility Superintendent position, establishment of a Public Works Coordinator position, and changing the position title of Assistant City Engineer to City Engineer. * d. Approving Master Labor Agreement between Law Enforcement Labor Services, Local No. 82 and the City of Brooklyn Center CITY COUNCIL AGENDA -2- FEBRUARY 27, 1984 9. Planning Commission Items: (7:30 p.m.) a. Planning Commission Application No. 84001 submitted by Reynolds Homes, Inc. for site and building plan approval of a 28 unit townhouse project on the old Madsen Floral property and the excess back yards of four neighboring lots. This application was tabled at the Planning Commission's January 12,1984 meeting and was recommended for approval at its February 16, 1984 meeting. b. Planning Commission Application No. 84002 submitted by Reynolds Homes, Inc for preliminary plat approval to subdivide into 28 townhouse lots, one common area, and four residential lots the old Madsen Floral property and residence and four neighboring residential lots. This application was tabled at the Planning Commission's January 12, 1984 meeting and was recommended for approval at its February 16, 1984 meeting. 1. An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 Zoning District -This ordinance is offered for a first reading and would provide for the appropriate rezoning of the Madsen's Floral property in conjunction with Planning Commission Application Nos. 84001 and 84002. 10. Ordinances: a. An Ordinance Amending the Brooklyn Center City Charter -This ordinance is offered for a first reading. The ordinance amendments have been reviewed and recommended by the City Charter Commission. 11. Discussion Items: a. Mayoral Appointments to Year 2000 Report Task Force b. 69th Avenue Speed Limit -The Traffic Safety Advisory Committee will submit its recommendation regarding speed limits on 69th Avenue North. 1. Resolution Requesting City Council to Approve Obtaining an Opinion from the City Attorney Regarding the Area of 69th Avenue North and Shingle Creek Parkway. C. De- annexation of Salitros Property Located on the North and Eastern Edge of Ryan Lake -The annexation of the property is proposed to the City of Minneapolis for land to public ark purposes. er p A P Po perpetual dedication of the Ia P d. Update on Tri -City Airports Commission e. Municipal Legislative Commission The Municipal Legislative Commission has been formed by a joint powers agreement to develop a joint lobbying effort for suburban municipalities. f. Authorization for Acquiring Right of Way for Realignment of Shingle Creek Parkway and 69th Avenue North Intersection *12. Licenses 13. Adjournment K MINUTES OF THE PROCEEDIi'GS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN TI COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 13, 19SIl CI1'Y HALL C A,,,I O 070011' 1571 vf<_lyr City Council met in regular session and was called to order by Mayor Dean an hquist at 7:00 P.m. ROLI CALL t. l yqui st, Counc1"1.mcNi , ers Gene Lhotka, Celia Scott, Bill. Hawes, and Rich ui.s. Also present. u City Ma nager Gerald Spl inter, Director of Public r,orks Sy Imply, Director of Finance Paul H imiund, Director of Planning & inspection Ron 1 rren, City Attorne Pi Chard Schief _ er, Fire Chief Po'n Berman, and Administrative . INVOCATION Ilia:" _ I i ccation was offered by Pastor Blomberg of the Perean Free Church. OPEN FOIE} I ayo, N yn ;,irt not <� 1 Council had not received any requests to use the Open Forum session tsi_i. .even He i n,dr ed of' the aud ience if ther w� r pr t r I" s � "lyJ.le .rest t JiiJ wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA VITcr T ;yf ist inquired if any Council members requested a ;7y items removed from the Consent Agenda. Councilmember Hawes reoue.sted items 8b and 8j be removed from the Consent rime ?da, CC•i;in.,l_l.m...,kE'r Lhotk Y t •__u�e ed 8C re'i220 /e(:, and Cou:1Clllriembvr Theis reques item 8a removed from the Consent Agenda. APPROVAL OF MIN UTES J AN ARY 2, ? c�,14 _ ..awes and seconded by Councilmember Theis to approve the minutes of tin City Council meeting of January Q, 1984 as submitted. Voting in favor: : 1yor Nyqui Coin.. ilI ". tuber , Lhotka, Scott, Hawes, and Theis. Voting agai nst: none. 1,.i'. I?&lvn p a,•ed u nanimously. PERFORM BOND RE DUCTIONS /RELEASES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to reduce the performance bond for 4010 65th Avenue North (Planning Commission Application No. 821:1 4) from a 45,000 to a 4 1,000 letter of credit to ensure viability of all landscaping. `,toting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hewes and seconded by Councilmember Theis to release the performance guarantee for the Linder First Addition (located along 72nd, Woodbine, and 73rd Avenues westerly of Camden Avenue) in the amount of $3,545. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 2- -13 -84 _1_ RES OL U TIONS _ R ESOLUTION NiO. 8 1 1 -10 I`;ernber3ili Hewes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -A (DISEASED SHADE TREE REMOVAL PROJECT NO. 1983 -01) The motion for the adoption of the foregoing resolution was duly seconded ley member Rich Theis, and - mx-drr vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, hill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said re�'31ution was declared duly passed and adopted. RE N O. 8 -11 I . m.iber mill H' in` t he � � ` ' r s 1 r� t '' intro duced �i� Llc�ti �..,, rezo u i.on an.i n 0 d T -.-. . .,... .,1 x 1, -i Tr,. NG / x E mt i. r !st rn .-,m n, nip rt •r^1 1 �,cSul� J1Ot, ST 1, �.�tIIFti rt L�_.S, ._..rf� 3� dt b.. -- .._ _����a F'.__�US��,s ILA. 1t t�� +�01, !_; i'I,�VLi�G . EC_rS,r.TIOKS , ADD ii��. �tivG Thn ink t on for the adoption of t he for'egor n o ; resolution was d'-'.i.y `:>e cond --j l oymember Rich Theis , upon vote bar' � � + � }: f l i r K � i fa vor o t1le' , i .:_i)f7 i u.�l::i. t. 1G.r i.' ✓i: a v .��_.:_C�:v._n� ti +:.l..£� .A a� �,�r ! co C . Dc, Nyquist, Gone i .:u: is ., Ce ir, c�e ., 3i-L- r�4?'.1� °, and Eu . h �� -� j and tile - Fo voted against th. same: noire, wi)ereupon said declared duly passed and adopted. R , I r OAT i,TO 8!r -12 l`i lm l, i I..Si ilc�,'aV t.:i Ln l �.(. -. t d tlo ,t _,. a i4�.� �!!d�l ��v1.o,�r. .�, C: .4 V_r_1_C:'vt' "..�!`� resolut c,n�.. 0 t.: RESOLUTION. AUTHORIZI- T N E CIT"' tr8, P O MA?E APPI ICAT IC:, O ..AL- DIFT11 _ ?TV'E SIT OF iS.7 ,..,. _.� A A. "'ai. i t S..f� V .__. 1 1 J ,�_,1 x i ; _ ,n ..,r fir, ti� FOR x i `i+� z l F'� Cr r r - § F r `r E �t^ r --, =; , .�,'.,C� I,ATUFP A..L RE SGURCE'S FOR k?a... >.. T } L r, CR��� ['C -i I11 rt. R u �E OF SANITARY SEWER FORCE MAI. CONSTRUCT IOpI S .. VIF:G L rMAuA HOT. - -. 1, I °1 DJr C�liiT SITES The motion for the adoption of the foregoing -- scltltion v ;a,s d137, r seconded by member Rich T'heil s, and u=pon vote o, ocr talon t;here"4i, the f0llosvin_ i n favor ",hereof. Dean Nyquist, Gene Lhotka, Celia Scott, Dill iI<.res, and . i ^h Theis; a.rld the follo?,•rinry, vot :.d a;;ainst �,rAe same: none ,,& `:reupon said r a �,. -,, Lui.ion was declared 7 u_? a dopt e d. ¢ d .� passed P, *'S ?r I!''10t; IJ 1?, �t1 -13 iri er !Jil`.1_ .i•alvdvs tAitro -laced the C }i_ . 6?. =_t S resolution caan'I r oved it.s op" ion. r. ' rt.x ;n x 1 `� 0 ^, T +,-, 01' D t`;J. 7R LLINIG �.. � Pu <C�r. s .. ; ivUi ) The motion for the adop`. io n of the f orCe , gr rY re .,solution was duly seconded by r rem aer Rich Theis, and upon vote einSr tak ; -aii '(. - he.r on, the following v 3itcd in favor Ghereof: Dean Nyquist, Gene Lnotka, Celli- . Bill I,&w-w and c 5ch 'Iheis; and following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R ESOLUTION NO. 8 - 14 Member Bill Hawes introduced the following resolution and moved its adoption: 2 -13 -84 -2- RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR FURNISHING ONE (1) 7 GANG TRACTOR MOWER 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. RESOLUTION NO. 84 -15 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND SUBURBAN COMMUNITY SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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 -16 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) , LOCAL NO. 49, AFL -CIO AND THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA), REPRESENTING THE CITY OF BROOKLYN CENTER 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. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: BAKERY FOOD VEHICLE LICENSE Good Earth Restaurant 5717 Xerxes Ave. N. BULK VENDING LICENSE Fo1z Vending Company 3401 Lawson Blvd. Country Store 3600 63rd Ave. N. Theisen Vending 3804 Nicollet Ave. Brooks Superette 6804 Humboldt Ave. CATERING FOOD VEHICLE LICENSE Green Mill Restaurant 5540 Brooklyn Blvd. 2 -13 -84 -3- CIGARETTE LICENSE Brookdale Mobil 5710 Xerxes Ave. N. Brooklyn Center Mobil 6849 Brooklyn' Blvd. Northwest Microfilm 1600 67th Ave. N. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. GASOLINE SERVICE STAT LICENSE Brookdale Mobil 5710 Xerxes Ave. N. Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Metro Transit Commission 6845 Shingle Cr. Pkwy. Northwestern Bell 6540 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Blaine Heating & Air Conditioning 13562 Central Ave. NE NONPERISHABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. Bob Ryan Olds 6700 Brooklyn Blvd. ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. American Vending P.O. Box 380 Sears Automotive Brookdale Center Beacon Bowl 6525 Lyndale Ave. N. Bill's Juice Vending 3900 Beard Ave. S. Holiday Inn 1501 Freeway Blvd. Spa Petite 5611 Xerxes Ave. N. Bill's Vending Service 7317 W. Broadway, B.C. Getty 6245 Brooklyn Blvd. Bond Tool & Die Company 6840 Shingle Cr. Pkwy. Brookdale East Cinema 5801 John Martin Dr. Brooklyn Center Country Boy 4401 69th Ave. N. Canteen Company 6300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. MTC 6845 Shingle Cr. Pkwy. Medtronics 6700 Shingle Cr. Pkwy. Medtronics 6860 Shingle Cr. Pkwy. Christy's Auto 5300 Dupont Ave. N. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Bermel Smaby 6500 Brooklyn Blvd. Brookdale Car Wash 5500 Brooklyn Blvd. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Cass Screw Co. 4748 France Ave. City Garage 6844 Shingle Cr. Pkwy. Country Boy 4401 69th Ave. Country Store 3600 63rd Ave. Donaldson's Brookdale Center Duke's Standard 6501 Humboldt Ave. 2 -13 -84 -4- i � _ Garden City School. 3501 65th Ave. N. Green Mill 5540 Brooklyn Blvd. Hoffman Engineering 6530 James Ave. Holiday Inn 1501 Freeway Blvd. Humboldt Sq. Cleaners 6824 Humboldt Ave. N. Iten Chevrolet 6701 Brooklyn Blvd. Johnson Controls 1801 67th Ave. N. K -Mart 5930 Earle Brown Dr. Kar -win Auto 6846 Humboldt Ave. Keehn Brothers 3 48th Ave. Maranatha cursing Home; 5401 69th Ave. Mentor Corp. 2700 Freeway Blvd. Minnesota Fabrics 5712 Morgan Ave. Razor Court 5740 Brooklyn Blvd. Saber Dental Studio 6800 Shingle Cr. Pkwy. Sinclair 6601 Lyndale Ave. Skelly Service 63rd Brooklyn Blvd. Snyder Brothers Brookdale Center Sound of Music 5717 Xerxes Ave. St. Paul Book & stationery 5810 Xerxes Ave. State Farm 6415 Brooklyn Blvd. Summit Properties Mgmt. 6120 Earle Brown Dr. flicker's Oil 6830 Erooklyn Blvd. Willow Lane School 7030 Perry Ave, Cook Paint 4800 N. Lilac Dr. Country Club Market 5715 Morgan Ave. N. D. L. Service Co. 2516 83rd Ave. N. Lowell's Auto 6211 Brooklyn Blvd. Earle Bros n Bowl 644O James Circle E✓ergraen Park Elementary 7020 Dupont Ave. N. F & H h1arquette National Bank 582.5 Xerxes Ave. N. Interstate United Corporation 1091 Pierce Butler Rte. Ault Inc. 1600 Freeway Blvd. State Farm 5930 Shingle Cr. Pkwy. Jimmy Jingle, Inc. 1304 East Lake St. Johnson Control 1801 67th Ave. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. 111mborg's inc. 5120 N. Lilac Dr. Varanatha Conser Baptist by ie 5401 69th Ave. N. Marc's ! udgetel 6415 Ja= Tes Circle Midwest Screw 35011 43th Ave. N. Minnesota Tile Supply 4825 France Ave. N. NSI!Griswold Co. 8300 10th Ave. N. N.S.P. 4501 68th Ave. N. Northwest Microfilm, Inc. 1600 67th Ave. N. Pearle Manufacturing 6801 Shingle Cr. Pkwy. Pilgrim Cleaners 5748 Morgan Ave. N. Plitt Brookdale Theater 2501 County Rd. 10 Precision, Inc. 3415 48th Ave. N. Sinclair Marketing 6601 Lyndale Ave. Servomation 7490 Central Ave. NE Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. 2 -13 -84 -5- Theisen Vending 3804 Nicollet Ave. Thrifty Scott 6445 James Circle Bill West Union 76 2000 57th Ave. N. Twin City Vending 1065 E. Highway 36 Earle Brown Farm 6100 Suz-amit Dr. Group Health 6845 Lee Ave. Sears Brookdale Center Viking Gym 6504 Shingle Cr. Pkvq- Viking Pioneer Distributing Co. 5200 W. 74th St. Woodside Enterprises 2500 Nathan Ln. #209 Brooklyn Center City Hall 6301 Shingle Cr. Pkwy. OFF-SALE NONINTOXICATING LIQUOR LICENSE Chucks Q. 1505 69th Ave. N. PFAISHARLE VENDING MACHINE LICENSE '7Z n 7 —,- --- J LnGerprises 2867 University Ave. Bob Ryan Olds 6700 Brooklyn Blv& AR A Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Mury. Canteen Company 6300 Penn Ave. S. FMC 1800 Freeway Blvd Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Cr. Pkwy. Medtronics 6700 Shingle Cr. Pkwy. Nedtronics 6860 Shingle Cr. EQrle Brown Bowl 6440 James Circle interstate United Corporation 1091 Pierce Butler Rte. Ault Inc. 1600 Freeway Blvd. State Farm 5930 Shingle Cr. Pk%y. Maranatha Conservative Baptist Home 5401 60th Ave. N. NTSI/Griswold 8300 19th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Norcroftt, Inc. Route 1, Box 222 Brooklyn Center High School 6500 Humboldt Ave. N. Northwest Microfilm, Inc. 1600 67th Ave. N. Plitt Drookdale Theater 2501 County Rd. 10 Servomation 7590 Central Ave. NE Dayton's Bros kdale Centor Donaldson's Brookdale Centar Graco 6820 Shingle Q. Pkwy. Onan Tech Center 6120 Earle Bronn Dr. Twin City Vending 1065 E. Highway 36 Earle Brown Farm 6100 Summit Dr. Group Health 6845 Lee Ave. N. Sears Brookdale Center Viking Pioneer Distributing 5200 West 74th St. LaBelles 5925 Earle Brown Dr. 2-13-84 -6- , READILY PERISHABLE FOOD VEHICLE LICENSE American Bakeries Co. 4215 69th Ave. N. Fisher Food Products 6800 Shingle Cr. Pkwy. SPECIAL FOOD HANDLIL;G LICENSE Brooklyn Center Liquor Store #1 6800 Humboldt Ave. N. Brooklyn Center Liquor Store X12 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 Northbrook Center Burger Brothers 5927 John Martin Dr. Children's Palace 5900 Shingle Cr. Pkwy. Fun Services, Inc. 3701 50th Ave. N. Ideal Dru g 8 Store 6 00 Humboldt Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Maid of Scandinavia Co. Westbrook Mall Snyder Brothers Brookdale Center Total Petroleum, Inc. 6830 Brooklyn Blvd. Viking Gym, Inc. 6504 Shingle Cr. Pkwy. 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 Transferring Funds to the General Fund from the Federal Revenue Sharing Fund. Councilmember Theis inquired why there were different amounts in the resolution when compared to the amount stated in the Federal Revenue Sharing r f Finance explained ned that all g Budget. The Director o P g expenditures come out of the General Fund and that the Revenue Sharing Fund reimburses the General Fund for these expenditures. He pointed out that the resolution picks up expenditures from part of 1982 and 1983• RESOLUTION NO. 84 -17 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND 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. The City Manager introduced a Resolution Accepting Quotation and Authorizing Purchase of Six Electronic Typewriters. Councilmember Hawes inquired why there was only one quote received on these items. Administrative Assistant Hoffman noted that two quotes were received and that the resolution should reflect the second quote which was $11,400 total. i 2 -13 -84 -7- Councilmember Theis expressed a concern that the quote may be higher than the GSA eq y g price or the Hennepin County price. He also inquired whether the City may be purchasing equipment that would not be compatible with that used in other cities. Administrative Assistant Hoffman noted that other cities do have this type of electronic typewriter, such as Minnetonka and Apple Valley. He added that he had looked at virtually every other type of typewriter available, and felt that this was the best choice for the cost. With regard to the second quote, Councilmember Hawes stated that he was satisfied with the resolution as long as the minutes reflected the receipt of the second quote. RESOLUTION NO. 84 -18 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING PURCHASE OF SIX ELECTRONIC TYPEWRITERS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Quotations and Authorizing Purchase of Rescue Boat, Motor and Trailer for the Fire Department. In response to an inquiry from Councilmember Lhotka, h i Manager explained that the boat was e L o a the City tea q y , Y g p purchased through the GSA price list, and the trailer and motor were purchased separately. RE SOLUTION NO. 84 -19 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING PURCHASE OF RESCUE BOAT, MOTOR AND TRAILER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Declaring Adequacy of Petition, Establishing Water Main Improvement Project No. 1984 -02, Receiving Engineer's Report, and Calling for a Hearing on Improvement Project No. 1984 -02 (Water Main Installation in Lee and Major Avenues from 69th to 70th Avenues and 70th Avenue from Lee to Major Avenues). Councilmember Hawes inquired why the cost of the project is higher than the assessment rate. The Director of Public Works explained the assessment reflects the standard assessment rate for single family residential for 1984. He explained the cost is the Engineering Department's estimate. He explained that this is an unusual situation since the project must cut across the street for each of the connections. He added that there is considerable street restoration involved in 2 -13 -84 -8- the project, and that he believes the Engineering Department's estimate of $97,230 is high but that fo�r purposes of preliminary estimates the staf wants to be sure the estimate is high. RESOLUTION NO. 84-20 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARTINIG ADEQUACY OF PETITION, ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1984-02, RECEIVING ENGINEER'S REPORT, AND CALLING FOR A HEARING ON IMPROVEMENT PROJECT 1"T0. 1984-02 (WATER MAIN INSTALLATION IN LEE AND MAJOR AVENUES FRO1 69TH TO 70TH A°�IENUES AND 70'1"H AVENUE 1 RO LEE TO MAJOR AVENUES) The motion for the a6c of th--- foregoing resolution was duly seconded by merf."ber 1-� �3 Rich Theis, and upann - : , L)t - e being 11 t the following voted in favor thereof: 4 Dean Nyquist, Gene L,h(- Celia Scott, Bill Haijes, and R Theis; and the following voted against the san-e: none, whereupon said resolution was declared C� duly passed and adopted. RESOT-UTION NO. 84-21 Mernber Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A CONCRETE ROUTING 'AND JOINT CLEANING MACHINE 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 f avor thereat : Dean Nyquist, Gene Lhotka, Celia Scott, Bill and Rich Theis; and the following voted against the sane: none, whereupon said resolution was declared duly passed and adrapted. FINAL PLAT: TENNIS ACRES II 'I pla - provides for the subdivision of the Tile City ex Manager pined that the pt I commercial propert7 bounded by Lalkebreeze Avenue on the north, Azelia Avenue on the west, T.H. 100 on the south, and Denny's Restaurant on the east for the development of a racquet and si%Tini club. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final lat of Tennis Acres !I (Planning Commission Application No. 83052) subdivision cof Lot 2, Block 1 1 , and Lot 1 , Block 2, Dale and Davies end Addition and Goverz- Lot 3, Section 10, contingent upon the o1wners execution of the parking ramp con itr ulct ion agreement prior to plat release for filing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84-22 . Mer, )ber Gene LhoZlka introduced the following resolution and moved its adoption: RESOLUTION APPROVIN AND AU'T'HORIZING EXECUTION OF DECLARATION OF COVENANTS FOR THE CONSTRUCTION OF A, PARKING FACILITY FOR TENNIS ACRES II The motion for the z 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 a,'-;ainst the sane: none, whereupon said resolution was declared duly passed and adopted. 2-13-84 -9- AN ORD VACATI GRINNE S AVENUE W'11THI11 D ALE AND DAME 2I3D ADDI:T'ION AND I'E AT PQRTIOiI Or LAi {t .� IDD AYrI; tl D I1 c�?iIE 1 i';ASIi Rt.Y OF INDIA IA AVENUE 10RlH Mayor Nyquist opened the mecting for the purpose of a public hearing on the ordinance, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Vacating Grimes Avenue North within Daly: and Davies 2nd Addition and that Portion of Lakeside Avenue North Easterly of Indiana Avenue North. Voting in favor: Mayor Nyquist, Councilmer-i,bers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE N 84 - 3 I :uL�oer Mich Ttnei.� ?:itroduced the follo ,•ding ordinance and moved i ,s adoption: AN ORDINANCE VA.C�TING GR IIfES AVENUE NOE:TH mdlT?iltl .DALE AND DAMES 2ND ADDITION i1D THAT PORTION OF LAKESIDE AVENUE NORTH EASTERLY OF INDIANA AVENUE NORTH The motic for the adoption of the forego?_n g ordinance was duly seconded by member p �� � y Bill Hawes, and upon vote bein 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. D ISCUSSIO N ITEMS YEAR 2000 STUDY ih� C : U � .T na;er retai.e,re d his r roposal for the `scar 2000 Report, and reviewed his reeoj..i:.: rations for t Co- iiir.te� ,I(a added that he ftre.�s Ve. y >tronuly fiat one represent ive fr~ =^gym the City Council s d serve on the committee. He also noted that, with one representative from each of the Advisory Comrnissions, this will be the first timie that all of the commissions have worked on a single project. Councilmember Lhotka inquired when the project would begin. The City Manager explained the starting date is scheduled for March after the membership of the Corm.mittee is decided. Councilmember Theis stated that initially he was not enthused about the Year 2000 project but as he looks into it now it appears to be one of' the more important t tare City could be involved in. The City Manager stated the staff is r equfi sting direction from the Council rt1garding d,r:e pur ;u�:,e, Scope ai?d rdv..: 'e, .nip ci ' e r {` , r , He Idd =: , , i C the Ye:< wQQ Cc>, icc�... t Council is co: Portable witi°h the proposal submitted by the staff, the Cou ncil could approve, by motion, the second page of the report in the Council IS agenda packet. The Council continued discussion of the Year 2000 Report and focused their discussion on which school districts would be included on the Committee. The City I stated he believes the involvement of the school districts is important but that the form of their participation is optional. Councilmember Scott suggested having the schools as ex- officio members similar to the participation of the school districts on the cable commission. She added that 2 -13 -84 -10- by this type of mem-bership their input is gained and fairness to all districts is achieved. The City tanager suggested that perhaps the best solution would be to have the Brooklyn Center school district serve as the liaison for all the school districts in Brooklyn Center. Where was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the purpose and scope of the Year 2000 report as submitted by the City staff, and to approve the r e of the Task Force submitted by the City staff with the amendment that "one or two" representatives from school districts be amended to read "one ". Voting in favor: 'Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting again t: none. The motion passed unanimously. F(1T1.JRF ROLE AND N1rtA ` � ,SHTP OF CITY ADVISOliY CWMI 1:SSzO?�5 'Ih,e City Nine cr N traL he nas had d wc:uss ons with Cot.:'cilrr,=bers regarding the role of advisory commissions and that Councilmembers have also had P r ° ; , s _ �� < ns r�. ardi.n� the fuL,ure �° com issio � dvi.�or discussions von4 „ . �f ,,��e z.,�ait ..� cf the a y role of their commiss;i ins. He added that thie question which seems to be apparent in all the commissions is how to maintain the vitality of the City advisory commissions. He poy.. fi red out that the future roles of advisory commissions is one aspect which could be examined by the Year 2000 Report. He pointed out that tczere are also issues emerging from the Year 2000 Report that could be addressed by the various advisory co•rr .fissions. As an example, he pointed out, one recommendation may be to reduce the number of advisory commissions and :involve neighborhood advisory groups more heavily. Fie pointed out the Year 2.000 Report could serve to revitalize the corissions. Councilmember Lhotka pointed out he is not trying to suggest that the commissions be eliminated but possibly to combine some of the commissions. He stated that the commissions seem to be busy on work that they create for themselves. Councilmember Scott ag reed with Cou ncilmember Lhotka and added that she is also �,� ��, do not attend commission meetin-s. members concerned that some of the commission t `` �re not coming because the S he e than .�.= people � Y believe what they are doing Seep � P is not; important t.-hen perhaps the advisory commissions should be called upon to serve on an as neesied basis like the neighborhood advisory commissions. Councilmember Theis expressed a concern that if the commissions do not meet on a regular basis they may slide back into the woodwork completely, but that he also bel.?. eras that some rte wings of the co.zmlissions in the past have been of little value. He ated that the C�ouncil could ask each of the cora- missions to assess what they think their role is or should be. The City Manager stated that he is not thinking any suggestions have been raised to eliminate the commissions but rather to look at revitalizing the advisory co ; Fissions. He exirlained that over the years the issues confronting the community havf changed but the structures of the commissions have not. Councilmember Lhot'la inquired as to the time period proposed for the Year 2000 Report. The City Manager replied that the tentative schedule is to have the study done within one year to sixteen months, but that particular issues could be m h inquired h r hotka then �, n the full commissions e addressed earlier. Councilmember L ,, s • ated that he would e that Cit � :ana er stated would be involved in the study. she C1 y �, between four to fire months into the study the commissions could possibly be involved. 2 -13 -84 -11- Mayor Nyquist commented that he would not expect advisory commission micmbers to attend meetings that were not worthwhile, but he pointed out that he attended a recent Human Rights Commission meeting that was quite lively. He added that he believes it is not necessarily bad in itself for commissions to work on projects they have created themselves. Councilmember Lhotka agreed with 11ayor Nyquist and added that he does not think it is bad for commissions to come up with their own projects. He pointed out that the Hunan Rights Commission has worked on a family violence project that is a worthwhile project, but added that some issues keep resurfacing again and again even after the commission has pursued therm as projects. The City Manager stated that he has known other cities to merge commi and keep the membership oversized until reduced by attrition. He added that this approach has worked in other cities. He stated that he would place the future role of advisory commissY--ns in the City high on the agenda of the Year 2000 Report. 1-' inl of Councilme bers i, there w-., nny court ris:zl oil which ilcl,-ded ilirr i ate attention or revision. There was a genv-rai cons among Council rilembers to review the role of advisory commissions in con with the- Year 2000 Report. MAYORAL APFOINTV TO HUltIAN P71"L ."LULITS COMMISSTON a lori by ; -Imc-oel here: Fray HE Lhotka and seconded by Councilmernb 3r Theis to appoint Donna Stoderl, 5455 1E.Inerson Avenue North, to the Brooklyn Center Human Rights CoirFlission for a term of 3 years, expiring on December 31, 1986. Voting in favor: Mayor Nyquist, Councilme-mbers Lhotka, Scott, Hawes, and Theis. Voting aga inst: none. The motion passed unanimously. PJ11POT" TI OF ADVTSORY G(),AMTQSIOJJ CHAIRS ------ ------- Theis to 1 a - on htkecondd by Coricilmembc-r -L Jr Co ciirierr��r Lo�a and s e u J� _ot4 on b. reappoint Jayne Kuh2r as Chair- ol' the Hwm.an tights Commission for 1C,01. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion pa�3sed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Scott to reappoint Phyllis Plummer as Chaii- of the Housing Co .mission for 1984. Voting in favor: Mayor Nyquist, Councilme.mbers Li Scott, Hauc and Theis. Voting, against: none. The motion passed unanimously. - 'ouncilmerriber Haws„ and seconded by Councilma'flber Lh., to was a motion by G appoint Bud Sorenson as Chair of' the Park & -Recreation for 1984 . Von Jn in favor: Mayor Nlyqu.ist, Uinotka, Scott, and Theis. Vobi�i! a,�Tainst: none. The notion passed unanit� D Councilmc.m.,ber Scott requested! that the appointment of a Chair for the Conservation Commission be deferred to the second meeting in February. APPROVAL OF TAXICAB LICENSE FOR TOWN TAXI COMPANY There was a motion by Councilmem"er Scott and seconded by Councilmember Lhotka to approve the license application submitted by the Town Taxi Corporation to operate 20 taxicabs within the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 2-13-84 -12- GA M B LING LI A_ P_PLI FOR GARDEN CITY ELEMENTARY SCHOOL PTA There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the Class A gambling license for Garden City Elementary School PTA. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Therc was a motion by Councilmember Their and seconded by Councilmember Hawes to approve the waiver of the $10,000 fidelity bond for the gambling license for the Garden City Elementary School PTA. Voting in favor: 1 Nyquist, Councilmembers Lho lk Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) Homier Gone L'ho kta I.rAi;roduced the following resolution and moved its adoption: RESOLU ACCEPTIN3 QUOTATIONS AND AWARDING CONTRACT FOR T,`.-iE PURCHASE OF THREE POLICE SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean ?NTyquist, Gene Lhotka, Celia Scott, Frill Hares, and Rich Theis; and the to s.lc ng voted against the sane: none, whereupon said resolution was declared duly passed and adopted. RESOLUT NO. 8 -24 Member hick Theis introduced the following, resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND A,EdA DING CONTRACT FOR THE PURCHASE OF A VEHICLE FOR USE BY THE CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by member Bill flawos, and upon vote being taken th reon, the following, voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the sane: none, whereupon said resolution was declared duly passed and adopued. ltlAF arch: a motion by Counc ilmember Theis and seconded by Councilmem ber I atZes 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 8:30 p.m. Deputy City Clerk Mayor 2 -13 -84 -13- Member introduced the following resolution and moved its adoption: RESOLUTION NO. 4 - RESOLUTION SUPPORTING THE LOCATION OF A RACING FACILITY IN THE CITY OF BLAINE WHEREAS, a State Constitutional Amendment allowing parimutuel betting was approved by the Minnesota voters on November 2, 1982, and the Minnesota Racing Commission has been created by the Minnesota Legislature to implement parimutuel horseracing in Minnesota; and WHEREAS, the location of a racing facility would have a substantial, positive impact on the economic condition of an area; and WHEREAS, a racing facility would create approximately 1,000 addi- tional employment positions; and WHEREAS, the City of Blaine has stated an interest in the location Of the Metro Racetrack in the City of Blaine, which interest has been pursued by the North Star Race Track Association, City of Blaine, and Anoka County; and WHEREAS, there is within the City of Blaine sufficient lands next to I -35W and within 20 minutes of the central Twin Cities which lands are proposed for the Northstar Racetrack facility; and WHEREAS, the location of a racing facility in Blaine, Anoka County, Minnesota, would at last place a major State -wide recreational facility in the northern metropolitan communities and thus make more real, economic balance within the metropolitan community; and WHEREAS, Metropolitan Systems would not require substantial expen- ditures of taxpayers' dollars if the racing facility were located in the City of Blaine. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center supports the locating of the Metropolitan Racetrack in the City of Blaine. BE IT FURTHER RESOLVED that the copies of this resolution be forwarded to the Minnesota Racing Commission and the City of Blaine. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded € by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. February 10, 1984 C1t"ry of Cent E3!'1 S' inrle Cree': Par' wav 3r�n';lt,n Center, i_rres�ta 5543 Attu: 'Ir. Geral-I Splinter, Cite Manager Dear ''sir. Splinter, v u rerxue =tee in cur teleph - e c nverGatiin if thi. rate, , ring e-cl - ?se ,4 several c°)pies of hur news_ Letter The Ginner =; Circle as well as the re!--iluti.�)n that wa5 :Irafte by t ":e Br- "'alvn Center Chamber -,f C -)7i 1e�-ce. 1 have also encl-)-, e a ('raft f -)rm rep - )luti.�n for v'�ur convenience. a vr f9 ii're to be place-1 -)n vcur Febr_uarv 27, 1984, a -en-1 c7 1 1 - h ;, `)ur repre-entative may present ti you the elan- ar.r: acc - )rjnli -! -jents *_ "cr the pr - )poser , race site in Blaine, He be able to answer an[,7 ;uesti -nG v -)u niav have at that. time. Sh—)L t , have pri-)r t-) February 27, 1984, please cintact ^e at 757 -3915. Sincerelv, L Karen Lichtner, Nrcrth Star Race Tract A^Gn. E2�CEt`it�EC7 MAY r 29 Ij u y i V -ry CITY C , U 11) ri1 15, 1 83 Mr. 1 i m Sad! — ,.r 1370 ;;van Ave . St. Paul, AN 5)113 Dear Bill: Here is the formal resolution passed by the F?oar�l o :rectors last Friday: "Pesolved that the Brooklyn Center Chai.: ,er oi Coroilivrce Board of Directors endorse the idea o+ a :ace -rack in the north tier and presently endorse the Blain site." Rest retards, Lonni McCaulev Exec price- President• CED /DONOHUE JOHNSON BROS. CORPORATION -- MINNESOTA MEADOWS- - DERBY NIGHT 2 - continued . . . CLOSER TO REALITY CED /Donohue is one of the largest Johnson Bros. Corporation was -- You'll be given chips to bet architectural- engineering firms formed and has peen in business With barely a month before applica- with, preview the horses before in the upper midwest with major continuously since 1929. Its tions for the Metro Class A Race each race, place your bets and offices in Minneapolis, Minnesota; home office is in Litchfield, tracks are due the competition then cheer on your choice re � A p Chicago, Illinois; Sheboygan, Minnesota. The President and is really heating up. Although you watch each rate - -and there I L V ° � i Wisconsin; and Waterloo, Iowa. Chief Operating Officer is Richard its impossible to say at this are ten of them! At the end of M innesota Meadows The group has a multidisciplined W. Johnson. staff of over 600 professional, point how many applicants there the evening use your winnings technical and support personnel Johnson Bros. Corporation is will be, the one sure thing is to bid on a variety of items. providing services in all phases engaged in the construction of that one of them will be from At the first Derby Night a sleeping of environmental research, engineer- industrial plants and dewage Blaine (Minnesota Meadows). bag went for $64,000.00! ing, planning and architecture. treatment facilities - including Recently a presentation by the It brings to this project a broad the associated commercial aspects, Minnesota Meadows team was made Metro Location range of experience in the develop- -highways, bridges, bulk terminals, to the Anoka County legislative A good chance to Learn how to ment of major transportation dams, stadiums (similar to this delegation to bring them up to pick the winners! For an evening facilities, recreational facilities proposed project), and major date on the progress since the of extra fun bring your friends and commercial /industrial parks. utility systems. "Racing Bill" was passed. The for a preview of what it will The Minnesota firm has been directly meeting was extremely well attended like when you attend our new involved in the project area NORTH STAR RACE TRACK ASSOCIATION 5 Y local elected represent- race track. since CED was founded in 1954. ing most of the units of government ation con�ult ®ng see vices rese ntly to prolocalg The North Star Race Track Associa- adopted Anok Co unty resolution he of elsupport Pickets are $15-00 per person county and regional agencies tion is a nonprofit corporation for the Blaine site. and are available from the Anoka throughout the Twin Cities area which was organized with three County Chamber of Ca>mmerce, 1308 purposes in mind. First to promote The Minnesota Meadows team consists Court Rapids Boulevard, Coon Rapids, and provides exclusive consulting the development of a Class A of developer The Center Companies or by calling 755- 11.30, or at services to the cities of Blaine Horse Racing Track in Anoka County. (formerly Dayton Hudson Properties), the BeLRae Ballroom the night and Lexington. Second to find and promote the Johnson Bros. Construction, Piper of the event. best possible site which has Jaffray and Hopwood., A & E Archi- all the amenities necessary for tects and Engineers, Holmes & ORR- SCHELEN- MAYERON & ASSOCIATES, INC the development of a high quality Graven, Orr Schelene Engineers, race track for the State of Minne- CED Engineering, Peat Marwick, Orr- Schelen -Ma eron & Associates, sota. Third to assist a potential and of course, the City of Blaine ' Y • ° ... � a 30 Minute Trip Distance developer in creating the best and Anoka County, the County's Inc. (OSM), a local consulting I es.eim.e.a n ° ° "w.em "an min. engineering firm, will be involved horse racing track possible. Blue Ribbon Commission and the or site is 1.300 with the utility, transportation, North Star Race Track Association. THE SITE Anoka °° H.Y ! _ and environmental engineering i � necessary for the Race Track One of the facilities under construe- Seldom has a group with such in Blaine. tioncurrentl b Johnson Bros. and. enthusiasm V° ' °H Y Y great com petence Of the sites under consideration 10 Hwy. wy. OSM has a Long record of experience International is an equestrian been assembled and the application 35w in the design and implementation stadium and support facilities that wi.11 be presented to the by the Minnesota Racing Commission, {" s _ MINNESOTA MEADOWS is \ of environmentally sound sanitary including stables and horse arena Minnesota Racing Commission in unique, 94 9a ° ° ° proposeo ` .Sewer facilities, water systems, at Riyadh, Saudia Arabia. The March will p r ovide for a s y' s i that it is the y � Y .5.5E and stormwater management systems. facility i-s part of the King financed, innovative, secwell n a �-v ure, waS ori e only site that .H 610 ginally promoted the ,. - -- -- - - -- Wasjington the company also offers transport- Abdulaziz Military Academy and and attractive facility that • s local municipality and county ation related services ncludin g seats approximately 16,000 in which it lies. _' H people. will. he, a real credit for the 694 traffic origin- destination studies, whole state of Minnesota. MINNESOTA MEADOWS will be located I traffic projections, parking •• -L, out, and existing g studies, road la In addition to this outstanding j ' tes Paul, and 30 north of downtown Hennepin • State ust 20 minu •° rcedway modifications. development. team the public support Minneapolis/St. Fair i from virtually every ry group and minutes from an estimated the _{ e1Fn� *Zoo organization in the northern 1 .3 miIIion people residing in Hwy ttot sa counties has made the project the metropo� roan area. 494 �: r a tremendous public- private effort. The site c,ov,,ists of prime develop- yee able flat land_ with virtually • ® °° sAir ort PEAT, MARWICK, MITCHELL At CO. A TEAM THAT CAN'T BE BEAT! -- Charles Weaver, Consultant no on -site development. It is I � - -- NORTH STAR RACE TRACK ASSOCIATION zoned properly to accommodate M Hwy me a horse racing facility, and I 35w Hwy. Peat, Marwick, Mitchell & Co. is consistent with Blaine's Compre Carver r� s3E (Peat Marwick) is a large inter- hensive Land Use Plan. •Minnesota national certified public accounting zone firm serving commercial, industrial, The site is strategically located on Interstate 35W between two financial, service and governmental DERBY NIGHT - FEBRUARY 14, 1984 full diamond interchanges at clients. Peat Marwick has over Hwy. 90 offices in the United States. °A SWEETHEART RACE* 95th and Lexington Avenues. It 35 is immediately adjacent to the Peat Marwick has assisted gaming freeway with direct visual exposure Scott i Dakota organizations in planning and to that major transportation conducting financial feasibility facility. This section r Interstate studies, Peat Warwick has acted 35W is currently operating at as a financial consultant to 52� u£ design capacity during peak traffic hours. Traffic p durin the North Star Race Track Associa- If you attended the first Derby Night you know what a great time everyone had betting on the horses r tion' tions show that the facility � ! and bidding on the prizes during and the existing street system the auction at the end of the can accommodate the additional MINNESOTA evening. If you weren't there traffic generated by the race MEADOWS track without any major new highway you probably heard about it from construction. J g y someone who was there and enjoyed every minute. 11111® Metro LOCatIOm c ANOKA COUNTY BLUE RIBBON it is not anticipated that any Well, you've got the chance to metropolitan systems will have comm."nyo ®ve°om°neo ®one. RACING ADVISORY COMMITTEE attend Derby Night 2. The Anoka to be extended, or metropolitan 1983 County Chamber is sponsoring dollars expended, for the develop - The Anoka County Blue Ribbon this event on Tuesday, February ment of the Blaine site as Minne- Racing Advisory Committee was 14, 1984, from 7 to 11 p.m. at sota's first major horse racing formed by Anoka County to promote the BeLRae Ballroom. facility. the development of Minnesota's It is hard to envision a site first horse race track in Anoka which has greater potential for County. The Anoka County Blue the development u a major hies, Ribbon Racing Advisory Committee (continued - page $) race track, and support facilities, supports the development of MINNE- 2 within the metropolitan area 3 SOTA MEADOWS at the Blaine site. - than the Blaine location. •.:'.� .... ,... \gin .\ .,:. .. �;: - ' \ � ... \. . ✓ <...+. '::...a.,... r .M yy .± }y "i:, vas... _ _ .c — r �. t ^,�' S �..... , m' •... '> _�. .'. r,g. ,,� w € : .. �' . 'M � 'Sa � -4 P\ +�'., �ar ti h.4 3 '•> .; , � � \� �� �� -� , , r aR _. :rem 4 4 � g A � � _ " — Pu by the NORTH STAR RACE TRACK ASSOCIATION • 1308 Coon Rapids Blvd. • Coon Rapids, p MN 55433 • 612 7 551130 4 Meet Your MINNESOTA MEADOWS Development Team f '�2Si -S.1 s` City of Blaine , . . County of Anoka The Center Companies ° Johnson Bros. Corporation . . . Piper, Jaffray & Hopwood Incorporated Peat, Marwick, Mitchell & Co. North Star Race Track Association Anoka County Blue Ribbon Racing Advisory Committee A unique public /private partnership that will have the ability to develop a Class "A" Premiere Horse Race Track for Minnesota. A TEAM THAT CAN'T BE BEAT! At Minnesota Me • THE CENTER COMPANIES CENTURY A -E, INC. PIPER, JAFFRAY & HOPWOOD INC. MINIVEAPOLISISTPAUL The Center Companies is a diver- Century A -E, Inc. is an architec- Piper, Jaffray & Hopwood Incorpo- sified national real estate company ture, engineering and planning rated is a major regional full headquartered in Minnesota offering firm, specializing in race track service investment banking firm a wide range of development, facilities. Dimitri Demopulos, headquartered in Minneapolis, management and consulting services Architect AIA, is President of Minnesota, with 44 offices and in shopping centers, office build- Century A -E, Inc., and is respon- 630 registered representatives ings and mixed -use projects. sible for the design and development throughout the Upper Midwest They provide a full range of of new race tracks throughout and Pacific Northwest. Piper services for investors, foreign the nation. One of their projects, Jaffray trades and markets a and domestic, including acquisition, the Louisiana Downs Race Track, full range of corporate, government financing, development, leasing which is located in Bossier City, and municipal investment products and management. Louisiana, won the Regional Archi- to individuals and institutional tects AIA Award for excellence clients. In investment banking, in design. Piper Jaffray is active in raising Century A -E is currently working mental clients or through both g overn- with clients on several new race tracks, including the existing and private offerings including ANOKA COUNTY an extensive role in venture j Y fairgrounds in New Orteans, which capital formation. The firm provides will be demolished and rebuilt. P z > Anoka County is recognized as Century A -E in -house architects detailed research investments - D one of the fastest growing and and engineers are capable of as well as providing numerous producing other financial services. Piper progressive counties in P / most g the services for all P Jaffray was founded in 1896 and the State of Minnesota. Unique phases of construction for the r to Anoka Count is a cooperative race track industr is a member of all major stock �r+j; Y P y' and commodity exchanges. i_a t spirit which again prevails between -e government and business to secure r?; a racing facility in the City of Blaine. CITY OF BLAINE 1% HOLMES & GRAVEN y I Responding to numerous requests 7Jf of local Chambers of Commerce, The City of Blaine is located ' V/ // interested residents and organiza- 20 minutes from downtown Minneapolis- Holmes & Graven is a law firm St. Paul. it is one of the fastest of 22 attorneys, specializing Lions, the Anoka County Board / growing communities within the in municipal financing, governmental of Commissioners adopted Resolution 83 - in support of the location metropolitan area, with a population representation., securities, real a horse racing facility within of 31,950. estate development and syndication. �! condemnation, labor, litigation, 1 City of Blaine, Anoka County., The City Council f Blaine, by e legislative lobbying and computer resolution, has committed its The Anoka County Board of s Commi- 1Fw .s A nationally recognized sioners app ointed an Anoka County i to the development s n a farst na �r horse hand counsel firm, Holme & Graven Blue Ribbon Racing Adva-o: :. y oca -- s` hs =.s actec as bond counsel or xci ig track at the site selected undf - iter s cour�ei zra connect 2, f mittee consisting of r ept a ;enta�r v��s by the Nor ti, Star :talk Track ion of government, businesses anal - with onr. i r '0_nres, ta,. == v��.r.�.a.�n s.n Blaine. other interested gr5ups to cco. din- ;•th i'akc Sou"i as , t a ate county efforts to obta:.r. _.n, '�'`:,n:.ana. Qhio Zn ;,ana, this racing fac and `',c,ut.h C, *vlina. i Member introduced the following resolution and F4 moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING CITY.' ENGINEER'S REPORT, ESTABLISHING LIFT STATION IMPROVEMENT PROJECT NO. 1983 -09, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1984 -B) _ WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of installing alarm telemetry units and provisions for emergency power transfer in the City's lift stations, the supply of an emergency standby electrical generator, and the modification of electrical circuitry at Lift Station No. 1, all at an estimated cost of $126,990 ($158,990 with alternate generator); and WHEREAS, the City Council deems it necessary and in the best interest of the City of Brooklyn Center to complete said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following improvement is hereby established and ordered constructed: LIFT STATION IMPROVEMENT PROJECT NO. 1983 -09 3 L 3. The plans and specifications for Improvement Project No. 1983 -09 as prepared by Orr- Schelen- Mayeron & Associates, Inc. are approved. 4. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on March 22, 1984, at which time they will be publicly opened in the Council Chambers at City Hail by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on March 26, 1984, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City fo five percent (50) of the amount of such bid. 5. The accounting for Improvement Project No. 1983 -09 will be done tt in the Public Utilities Fund. i 4 RESOLUTION NO. s i t Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i h CITY � 3 OF 6301 SHINGLE CREEK PARKWAY R 0 x BROOKLYN CENTER, MINNESOTA 55430 1 1'i TELEPHONE 561 -5440 .. EMERGENCY—POLICE—FIRE - - - 911 ENGINEER'S REPORT Lift Station Improvement Project No. 1983 -09 PROJECT DESCRIPTION: Installation of alarm telemetry units and emergency adaptor connections in seven sanitary sewer lift stations, modifica- tion of rcontrols for Lift Station No. 1, and purchase of a portat�le generator. DISCUSSION: In 1979 the City employed Orr- Schelen- Mayeron & Associates, Inc. Consulting Engineers, to r-onduct a study and report on the feasibility of developing alarm telemetry and standby power systems for the City's nine lift stations. To date, the City has awarded contracts for: (1) installation of the telemetry and stand power systems at Lift Station No. 2 (located at Lyndale Avenue and 55th Avenue North); (2) Installation of the telemetry system and development of emergency power adaptor connections at Lift Station No. 3 (located at West Pallner Lake Drive and Urban Avenue North); and (3) purchase of seven extra telemetry units for installation in the balance of the City's lift stations. At this time it is recommended the City Council authorize staff to proceed with letting of bids for the final phase of the emergency monitori i /power supply system installation. The proposed project provades for construction of transfer switch cabinets at six lift stations. Each cabinet housing will include within it an N.S.P. meter, a main disconnect /transfer switch (necessary to switch from N.S.P. source supply to emergency power source), radio operated alarm telemetry unit, and lightning protection circuitry. Each cabinet will also include an emergency power receptar -le for connection to a mobile generator unit, and provisions for future inst,allation of do current - producing rectifier necessary for the operation of a cathodic protection system. The cabinets will be pad mmounted (on a concrete base) at each location except at Lift Station No. 6 (located on Lakebreeze Avenue at France Avenue), where conditions favor use of a pole- mounted installation. The pad mounted cabinets will stand 36 inches high, be 40 inches wide, and 32 inches deep, while the pole mount unit will be 3E inches by 26 inches by 14 inches. In accordance with earlier directives of the City Council, staff has provided for receipt of alternate proposals for the furnishing of diesel powered electrical generator units. One alternate provides for supply of a generator capable of powering all lift station pumps except those at Lift Station No. 1, while the second alternate provides for supply of a generator capable of powering any City well pump motor cof 150 tI.P. or less in addition to powering any lift station. "*71fe _ No &Y" Engineer's Report - Improvement Project No. 1983 -09 Page 2 Finally, the recommended project provides for replacement of the existing twenty year old sewage level control circuitry in Lift Station No. 1 with a more reliable, energy efficient control system. At this station, the project also provides for installation of the emergency power connection with a main disconnect /power switch, a radio operated alarm telemetry unit, and lightning protection circuitry. All of this equipment will be installed inside the lift station "house ". FINANCIAL CONSIDERATIONS: A summary of the estimated costs related to the various aspects of the project is as follows: Alarm Telemetry /Emergency Power Transfer $58,200 Lift Station No. 1 Level Control Modifications 9,020 Portable Emergency Power Generator 23,000 - 55,000 9 .Y Small (60 KVA) - $23,000 Large (300 KVA) - $55,000 Subtotal $90,220- $122,220 Contingencies 18,330 Subtotal $108,550 - $140,550 Engineering Consultant 10,000 City Engineering 7,030 Administrative 1,410 TOTAL $126,990 - $158,990 FUNDING SOURCE: Financing for the proposed project is through use of Public Utilities Funds. The project, roiect as described above, is feasible under the conditions outlined, and at the cost estimated. Respectfully submitted, SK: 'n J _ s. � .s n.. ,• .. x� . ,- r. , ., a: f. .. .. _. . , ,. __ .. .. :i -_ _. _ .4 ,1 c{ a s_ � 'i ., �� . i1 .( kf Te 'i iE .3 .{ i � r � t .w . r . s 4� Y r f A— .. t r � i �- ± - •\ ! / `rte � r � j �x e .. .. ;! - ,. -.� atww+ -.— ...,..«•.. »T.-s'•- ita�.t�.Y �ats3s �aY- traFEea. *to.� +�mnf- ac.aswm- : aasxw`..G.T __ I it LAXE �ci TY Of t ' 1 11 j fit; 0 0 ` , 1 t o n•..., t E R 1 PPOJ. LOCATION MAP L.S. IMP. PROD. 1983 -09 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING STREET IMPROVEMENT PROJECT NO. 1984 -03, AND CALLING FOR A HEAPING ON IMPPfiVEMETNT PROJECT NO. 1984 -03 (HALIFAX AVENUE A ND 70TH AVEN STREET IMPROVEMENT) WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of widening Halifax and 70th Avenues adjacent to St. Alphonsus Catholic Church for the purpose of parking lane construction at an estimated cost of $118,970.00; and WHEREAS, the City Council deems it necessary and in the best interest of the City of Brooklyn Center to complete said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following improvement is hereby established: STREET IMPROVEMENT PROJECT NO. 1984 -03 3. The Council will consider Improvement Project No. 1984 -03 in accordance with the Engineer's Report and the assessment of benefiting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $118,970.00. 4. The area to be included within the Assessment District for Improvement Project No. 1984 -03 shall be part of Lots 3, 4, and 5 Auditor's Subdivision No. 57 (P.I.N. 27- 119- 21 -33- 0002). 5. A public hearing shall be held on the proposed improvement on the 26th day of March, 1984, in the Council Chambers of the City Hall at 8:00 P.M. local time, and the Clerk shall give mailed and published notice of such hearing and improvement and of the Council's determination of adequacy of the petition, as required by law. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. �p> CITY OF 6301 SHINGLE CREEK PARKWAY 1 ' BROOKLYN CENTER, MINNESOTA 55430 w.. S R u"O .K LYN TELEPHONE 561 -5440 EMERGENCY— POLICE —FIRE 911 ENGINEER'S REPORT Street Improvement Project No. 1984 -03 PROJECT DESCRIPTION: Street widening and curb and gutter installation for the purpose of parking lane construction PROJECT LOCATION: Halifax and 70th Avenues, abutting St. Alphonsus Catholic Church DISCUSSION: Staff has been in contact with St. Alphonsus Catholic Church regarding the feasibility of parking lane construction along Halifax Avenue between 70th and 71st Avenues and along 70th Avenue, between Halifax and June Avenues. Attached herewith is a February 10, 1984, letter from Father James Shea, Pastor, wherein Fr. Shea acknowledges the benefit of the proposed construction. Accordingly, staff has reviewed various construction options in the development of the proposed improvement project, and contacted those property owners along 70th and Halifax Avenues who live opposite St. Alphonsus Church. In answer to the staff's survey, five of seven respondents do not want curb and gutter installed along their property, one owner is in favor of the proposal, and one owner (the Church owns two lots) abstained. In consideration of this fact, the proposed improvement project wil not incorporate modifications to the side of the street opposite St. Alphonsus Church. The proposed improvement project provides for the widening of 70th and Halifax Avenues along the St. Alphonsus property only, from the existing 15 foot centerline- to- gutterline to a 20 foot centerline -to- gutterline width. Also proposed is the installation of concrete curb and gutter along the widened street section, thereby providing a defined street edge for boulevard maintenance, and concrete driveway aprons. Staff recommends that the proposed project include the relocation of municipal sidewalk presently located within the Halifax Avenue boulevard to an easement within Church property. As stated in Fr. Shea's letter, the Church's concern over protection of an existing lawn irrigation system and yard lighting system is well made and the necessary provisions will be incorporated into the contract if the project is ordered. Further analysis of the staff's street improvement proposal shows that certain modifications must be made to the 71st Avenue - Halifax Avenue intersection to provide adequate area drainage. Accordingly, it is proposed that storm sewer be extended northerly along Halifax Avenue from 70th Avenue to 71st Avenue, and the intersection be reconstructed to promote positive drainage. We also recommend that geometric improvements be incorporated which will better accomodate traffic at this intersection. Several design options are currently being considered. t•• We Som&44KJc N ate ., Engineer's Report - Project No. 1984 -03 Page 2 As a part of the proposed project, it is recommended that a bituminous overlay be constructed along the widened half street width, and that a seal coat be placed over the entire pavement area in 1985 (not included in the project cost estimate). FINANCIAL CONSIDERATION: It is proposed that the Church be financially responsible for installation of curb and gutter, concrete driveway aprons, pavement widening, and the bituminous overlay. It is proposed that the City be responsible for the relocation of concrete sidewalk, storm sexier construction, and the reconstruction of the 71st Avenue - Halifax Avenue intersection, said costs to be financed from the City's local 1M.S.A. account. A surimary of the estimated project costs and financial responsibilities are outlined below: City Costs Storm Sewer Construction Sidewalk Relocation Construction $26,130.00 $ 7,680.00 Contingencies 3,920.00 1,150.00 Subtotal $30,050.00 $ 8,830.00 Engineering 2,700.00 800.00 Administration 300.00 80.00 TOTAL $33,050.00 $ 9,710.00 = $42,760.00 Church Cost Curb & Gutter Driveway Construction Pavjj Con Construction $9,510.00 $32,240.00 $11,550.00 Contingencies 1 4,840.00 1,730.00 Subtotal $10,940.00 $37,080.00 $13,280.00 Engineering 990.00 3,340.00 1,200.00 Administration 110.00 370.00 130.00 Legal 110.00 370.00 130.00 Capitalized Interest 1,460.00 4,930.00 1,770.00 TOTAL $13,610.00 $46,090.00 $16,510.00 = $76,210.00 Summary - Total project cost = $118,970.00 Church Share= $76,210.00 City Share= $42,760.00 $118,970.00 The project, as described above, is feasible under the conditions outlined, and at the cost estimated. Respectfully submitted, SK: j n ,-:�erriptoalit 9advLs �t�e�� tone 561 - 510 7025 c-{afi jaz Ainnziota 554 February 10, 1984 Mr. Sy Knapp Director of Public Works 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Sy: I am writing to you in regards to the concrete curb and gutter instal - lation at St. Alphonsus as was outlined for disucssion in your revised January 17, 1984 communication. The Finance Committee and the Parish Council at St. Alphonsus reviewed the proposal. We arrived at a decision to work with the City of Brooklyn Center to begin and complete this project in the summer of 1984. However, in the study of the proposal we request three cautions and one reconsideration plus a suggestion,. The first caution. In view of the fact that the sidewalk on the west side of Halifax Avenue North between 70th Avenue North and 71st Avenue North might have to be relocated to accommodate the curb and gutter installation we want to be assured that the tree and security light line along the same street not be removed nor disturbed. The second caution. In view of the fact that St. Alphonsus has a sprinkling system with twelve sprinklers, a zone control valve and a trunk line between Halifax Avenue North and the sidewalk, and six sprinklers bordering the north side of 70th Avenue North, we want to be assured that the sprinklers, valve and trunk line are relocated and in working order in the event that the sidewalk is relocated along Halifax Avenue North and the curb and gutter along 70th Avenue North would overlap the sprinklers. The third caution. In view of the fact that St. Alphonsus will be holding it's 25th Annual Fun Fair on July 27, 28 and 29, 1984, we would like to be assured that all work on Halifax Avenue North and 70th Avenue North be completed on or before July 15, 1984. Work on this project could begin be- fore June 1, 1984, as was stated in the proposal. Reconsideration. In view of the fact that the City of Brooklyn Center wishes to simultaneously install a storm sewer on Halifax Avenue North with St. Alphonsus' curb and gutter installation, we request a reconsideration of the construction cost for grading, base, bituminous surfacing and restoration. Since both the City of Brooklyn Center and St. Alphonsus are benefiting from this construction, we feel that both the City and the Church to share in the cost of grading, base, bituminous surfacing and restoration. -2- Suggestion. In view of the fact that construction will already be going on at the intersection of Halifax Avenue North and 71st Avenue North with a storm sewer and curb and gutter we would like to encourage the City of Brooklyn Center to redesign if possible the same intersection to allow for a smoother and safer flow of traffic. In conclusion, I want to say that we are willing to cooperate with the City of Brooklyn in any way we can. Before construction begins, we would like to discuss the three cautions, the reconsideration and the suggestion. Respectfully yours, Fr. James E. Shea Pastor — T7 o r .:z L �r}i2GtiARC1 A�.'� _r_._ _.L A \� �/ >� p � + �i /�\ �y t , .�V i•� lo �. s `'. '� � r 4 � '; ' � � � 1 � - .--._. '"""'�' '� �� � �� J`` Tr \ �� i �., �\ \ ' \�\ � t. - �° � \ "� - ._"C t` � ���1;� `` �'.�, `,t��� t✓ \ `,��.. � t"� J'_' \ L J \ R _ J . � � � ... ..... y�`•`�rnwr «n �^ 1 ��n`un.,� � ` - _ � I ` F i t — i`t t'+1 Fn LZ 1 .. �..__ � i. j \ �. -� � � � ,.,Y, �• �'1 � � j .."_��'�"�l" 1 R ; -' _ . � � „ L :.. 1 1 ii a+ r x I jam+ - �% y � _ d Cc V E 1 PL. �. f. Jr.' - ` , 1 f�'y � � # f�., �._...�... —�• `�,/ m � AVE, PT I ! �,�t, r 1; k �` i Mc introduced the following resolution and moved its adoption RESOLUTION 110. RESOLUTION AMENDING 1984 EMPLOYEE POSITION AND CLASSIFICATION PLAN BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following amendments be made to Schedule C of the 1984 Employee Position and Classification Plan: 1. that the position of "Superintendent of Public Utilities" be deleted effective March 1, 1984. 2. that the position of "Public Works Coordinator" be added to the schedule with the following grade range schedule: Grade Range Monthly Wage Range from Schedule C -1 from Schedule C -1 Exempt Going Going From Position Minimum Rate Maximum Minimum Rate Maximum Overtime Public Works S19A S21C S23C 1959 2269 2384 Yes Coordinator 3. that the position of "Assistant City Engineer" be changed to "City Engineer" with the following grade range schedule effective March { 5, 1984: 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 S36A S37C S39C 2980 3368 3538 Yes Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER POSITION DESCRIPTION POSITION IDENTIFICATION TITLE: Public Works Coordinator DEPARTMENT: Public Works STATUS: Exempt SALARY LEVEL: Supervisory - Professional Schedule C, S19A to S23C DATE WRITTEN /REVISED: 2/84 P OSITION SUMMARY Provides assistance to the Director of Public Works in planning, coordinating, and maintaining public works services for the citizens of Brooklyn Center consistent with established City policies and regulations. Assists in the determination of needs and the evaluation of alternatives relating to financial management, informations systems management, employee training programs and the evaluation of public works programs and services. DUT AND RESPONSIBILITIES 1. Receives directives and work projects as assigned by the Director of Public Works and follows through accordingly. 2. Assists in the budget preparation for the Department of Public Works and monitors monthly financial statements to evaluate cost trends and assure compliance with operating budgets. 3. Coordinates accounting policies and procedures relating to construction and maintenance projects, administration of grants and contracts, public utility division operations and special assessments. 4. Coordinates the development and utilization of automated management informa- tion systems for all divisions within the Public Works Department and in cooperation with other City departments and agencies - including financial applications and program applications. 5. Assists in the administration of public works purchasing, property manage- ment and equipment services. 6. As a part of total Employee information Program, studies safety standards, suggests and assists in the implementation of safety standards and training programs, and promotes internal communication. 7. Assists in the administration of various permits and subdivision agreements including the monitoring of performance deposits. 8. Provides liaison both inter-department and intea- department concerning all phases of Public Works operations. 9. Direct responsibility for wrjrk of others - only as assigned by the Director of Public Works. 10. Performs related duties as assigned. r.n. KN OWLEDGE, SKILL AND ABI 1. Knowledge of business administration principles, practices and techniques. 2. Knowledge led e of computer applications and the ability to apply such knowledge w g p to the needs of the Public Works Department. 3. Analytical skills in the evaluation of continuing operations and special projects and services of the Public Works Department. 4. Communication skills and the ability to establish and maintain effective working relationships. MINIMUX QU ALIFIC A TIONS Education: Bachelor's Degree from an accredited college or university with major coursework in business administration or a closely related field which has provided the applicant with the knowledge required for this position; OR Experience: Three (3) years of full -time verifiable experience in a position with duties closely related to those assigned to this position; OR Equivalent: An equivalent combination of education and experience will be considered. POSITION DE SCRIPTIO N APPR BY 1984 Department Director Date Approved BY 1984 City Manager Date Approved Existing Orga tion January 1,�= City Manager Other Other Director of * Director Parks & of Recreation Public Works _7 F Superintendent Superintendent * Assistant Public of of City Utilities Recreation Streets & Parks Engineer Superintendent Parks Streets and Engineering Public Building Recreation Equipment Traffic Signals Maintenance Maintenance Street Lights Utilities Maintenance 3 Supervisors 1 Supervisor 1 Supervisor 1 Engineering 1 Supervisor * 1 Chief 9 Light 11 Light Tech IV 4 Light Equipment Custodian Equipment Equipment 4 Engineering Operators 1 Maintenance Operators* Operators* Tech III's 1 Heavy Equipment Worker - 1 Service 1 Clerk IV Operator 4 Custodians 10 Garage Clerk — — — 1 Part -time 6 6 6 Clerk II 3 Mechanics 1 Night Service Person Designates Employees Scheduled 18 for Resignation or Retirement in 1984 -85 Sche of Resignations and Retirements Name Position /Division Date Craig Hoffmann Public Utilities Superintendent/ February 29, 1984 Public Utilities Division Lloyd Holtus Light Equipment Operator/ February 29, 1984 Street Division John Thompson Mechanic /Street Division March 30, 1984 Herb Dahmen Light Equipment Operator/ July, 1984 Parks Division Gene Hagel Director of Parks and Recreation/ February, 1985 Parks and Recreation Division Hank Davis Superintendent of Streets and Parks/ December 2, 1985 Street & Parks and Recreation Divisions. -Bob Zimbrick Public Utilities Supervisor/ December, 1985 Public Utilities Division Glenn Bruninger Light Equipment Operator/ December, 1985 Parks and Recreation Division Proposed Or zation FebruaryIW85 City Manager (Other) (Other Director Public of Works Public Works Coordin 1 Superintendent of City Engineer _ Streets & Parks I -- - - - - -- - - - - - - - - - - - - - - - - - tj F_ ____1 I Parks Streets and Engineering Public Building Equipment Traffic Signals Maintenance Maintenance Street Lights Utilities Maintenance 1 Supervisor 1 Supervisor 1 Engineering 1 Supervisor 1 Maintenance 10 Maintenance Tech IV 4 Maintenance Supervisor 7 Maintenance Worker II's 4 Engineering Worker II's 1 Maintenance Worker II's 1 Maintenance Tech III 1 Maintenance Worker 2 Maintenance Worker I 1 Clerk IV Worker I 1 Lead Custodian Worker I's 1 Service Garage 6 6 3 Custodians 10 Clerk 6 1 Part -time Clerk II NOTE 3 Mechanics Designates direct supervisory authority 1 Night Service Person --- - --- -- Designates functional supervision on an IT assignment basis Propose February, 1984 a I 9d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING COLLECTIVE: BARGAINING AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82 WHEREAS, the Public Employment Labor Relations Act of 1979, as amended thereafter, requires a written contract between the employer and the exclusive representative of a recognized bargaining unit; and WHEREAS, Law Enforcement Labor Services, Local No. 82 has been designated as the exclusive representative for all police officers and sergeants in the City's police department; and WHEREAS, the membership of Local No. 82 and the Brooklyn Center City Manager have agreed upon a negotiated Master Labor Agreement between Law Enforcement Labor Services, Local No. 82 and the City of Brooklyn Center; and WHEREAS, the Master Labor Agreement shall cover the period from January 1, 1984 until December 31, 1984; and WHEREAS, the City Manager recommends employer approval of the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the 1984 Master Labor Agreement between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82. 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. MASTER LABOR j NT CITY OF BRO GI.LYIUL'N1 F AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of Jani)ary 1, 198 between the City of Brooklyn Center, hereinafter called the E14': PLOY ER, and Law Enforcement Labor Services, Local No. 82, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGR ,EMEIIT'S interpretation and. /or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of eiriployment for the duration of this AGREEP.r?JT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: Sergeant Police Officer 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UINION: L.aw Enforcement Labor Services, Local No. 82. 3.2 UNION MEMBER: A member of Lah Enforcement Labor Services, Local No. 82. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Brooklyn Center Police Department. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Local No. 82. -1- 3.8 INVESTIGATOR /DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and /or job • position of INVESTIGATOR /DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the SCHE DULED SHIFT during which the employee, remnains on continual duty and, is responsible for a:s.'si. ned duties. 3.13 STRIKE: Concerned action in fail to report for duty, the willful ab.scnce from one's position, the stoppage of work, slow- down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for i.he purposes of lnducir:T, influencing or coet Lng a chan in the conditions or compens tion or the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY . The UNION agrees that during the life of this AGREEMENT th-�t the UNION will not cause, encoura e, participate in or support any strike, slow- ID down or other interruption of or interference with th.e normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The Ev- PLOYER retains the full and unrczstrict c;- right to operate and manage a- % ?:_11> a'rer, facilities, and � �:L.ecl., � to e:3 ;a s functions and pP "'C r<<::i�; to set and crf d 'L7ud ' -ts? to determin the utilization of tcnhnolo y; to es -ablis ? end r ,"dify the organization?_ - .f;ructure; to select, dJrect , 1 ,d determine thr number of personnel, to .establish work schedul.es, and to perform any inherent managerial function not specifically 1 :baited by .his AG R E E Ni t:i1T. 5.2 Any term and condition of z,rnployment not specifically established or modif�.ed by this AGR f I -NT shall rerr ain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. -2- 6.2 The U14ION may designate employees from the bargaining; unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and /or alternate. 6.3 The EMPLOYER shall .fake space available on the employee bulletin board for posting UNJ ON notice(s) and announcement(s) . 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all cla4iiis, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEV A grievance is d efined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRES ENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the E PLOYER ir. writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGRED 7.3 PROCESSING OF A GR IEVII.NCE It is recognized aced accepted by the UNION and the EMPLOYER that ce � hereinafter is limited b the pro oa. lf grievances as ld�re�_nGfter y the job duties and responsibilities of the EMPLOYEES and wall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work pro rains of the EMPLOYER. 7 .4 r4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the - interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER -- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth -3- the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EIMPLO•ER­designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the Step 2 representative. The EMPLOYER-designated r(r4preselntative shall give the UNION the EMPLOYER's Step 2 answer in writilig within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the El representative's final Steo 2 answer. Any grievance not appealed in w-riting to Step 3 by the UN"ELON w, thin ten (10) cap 'dal (A F-.Ys sna,ll be considered waived. Stti 3. If appealed, the written grievance shall be presented by The U�T1 and discussed with the Step 3 represent, The EvIPLOYTER-designated repre2en'tative shall give the UNI0111 the E1 answer in writing within ten (10) calendar days after receipt of such Stp 3 grievance. A [_ riot r e s o.L "ved in Step may be app tiled to Step 4 withln ten (10) calendar days following tie E( represe ivels final answer to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step It by T,EL * UTN'TON shall_ be su'u,'mitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. T` selection of an arbitrator shall be made in accordance with Je "Rules Governing the Arbitraition of Grievances" as established by the Public Employment Relations Board. t, A Tr) r i c UTHORITY �A,Jvl 1 7 S A. The arbitrator shall have no rig ht to amend, modify, nullify, I i the .s and cond 4 ens z of gnore, i add to, or subtract froll terr�, this PGRFEMENT. The arbitrator shall con,. .- and decide - the specific issue(S) sub in uritin ' t E "H f, the UNION, and shall have no authority to 1M,,a llle a decision --,)n any other issue not so subm_Jt, B. The arbitrator shall be without power to rriake decisions contrary to, or inconsistent with, or modifying or varying :gin C> any way the application of lay. Ts, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of brief's by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on, the arbitrator's interpretation or application of the express terms of this AGRELNEINT and to the facts of the grievance presented. -4- C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be roade, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considerf - >d llwaived. If a grievance is not appealed 1_ the next step wi"Uhin the specified time limit. or any - agreed extension thereof, I it t he shall be considered settled on basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an app-al thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. le time lir, in eacn step rf be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 CHOICE OF RDMEDY If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing ienich procedure is to be utilized - -Step 4 of Article VII or another appeal procedure-• -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 or Article VII. ARTICLE VIII SAVINGS CLAUSE This IMEEIMENT is subject to the laws of the United States, the State of Minnesota and the City of Brooklyn Center. In the event any provision of the AGREEIMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMIENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this AGREEMENT. Employees promoted from classifications covered by this AGREEMENT -5- to a position outside the bargaining unit will continue to accrue seniority under this f"iCIREEM.IENT until the completion of their promotional probationary period cr for no longer than twelve (12) months. The seniority roster shall be based on length of set in all of the job classi covered by this AGREEMENT. Employees lose seniority under this AGREEI under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this AGREEMENT after completion of the promotional probationary period or for no lon than twelve (12) months after transfer or promotion. 9.2 During the probationary period a newly hired or r employee may be discharged at the sole discretion of the EMIPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EIMPLOYER . 9.3 A reduction of wo g k for will be accomplished on the basis of seniority. hmplol,;e-es sciall be recalled from layoff on the 'bnsis of s eniori ty. An employee on layoff shall have an opportunit to return to wo within two years of the tiriie of his layoff b'-'I'o'.'*Ie; any new employee is hired. 9. Senior employees will be given preference with reg,,­ird to tr jo'o clan.. ti on a' and pro�,'Ioticns when the job 'relevant qualifications of employees are equal. n , 9.J Senior qualified emi IoYeies shall be given shift assignment preference a eightcon (18) tiionths of continuous full•tithe employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until May 15 of each calendar year. ARTICLE X DISCIPLINE 10.1 The EIIIPLOYER will disci aline emi for just cause only. Discipline will be - ,Tn one or mor��' of the follow forms: a. oral reprimand; b. written reprimand; c. suspension; d. de.yilotion; or e. disch@rge. 10.2 Suspension, demotions and discharges will. be in written form 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. -6- 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questio -ring . 10.7 Grievances relating to this Article shall be initiated by the UNION in Step ? of the grievance procedure under ARTICLE VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. ARTICLE XII WORK SCHEDULES 12.1 The noral work year is two thousand and eighty hours (2,080) to be accounte d for by each employee througYi: a. hogs worked on assigned shifts; b. holidays; c. assigned training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the atual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum. or maximum number of hours the EMPLOYER may assign emplcyees. ARTICLE XIII OVERTIME 13.1 Employees will be compensated at one and one -half (1 --112) times the employee's regular base pay rate for Flours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.1 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtie will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the E"`iPLOYER unless unusual circumstances prevent the employee from so working. -7- 13.7 When uniformed patrol employees have less than twelve (12) hours of duty free time between assigned shifts they will be compensated at a rate of one and one-half (1-112) times the employee's regular base pay rate for the next shift. For purposes of this article, shift extensions, elected overtime, voluntary changes of shifts, City contracted work, training, and court time are considered as duty free time. 13.8. As an option to monetary compensation for overtime a uniformed patrol officer may annually elect compensatory time off at a rate of one and one-half (1-112) time, and an employee qualifying for investigator differential on a long term basis may annually elect; compensatory time off at a rate of straight time plus one• half (1/2) hour monetary compensation. An employee's compensatory time bank shall not exceed forty hours at any time during a calendar year. On or about December I of each year the City will pay off by check the balance of compensatory time accumulated by each police offiecr. No compensatory time will be accumulated or used during the nonth of Decemcer. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time Compensatory time off shall be granted only at the convenience of the EMPLOYER with prior approval of the EMPLOYER-do5ignated supervisor. ARTICLE XIV COURT TIME An employee who is required to appear in Court during his scheduled off- duty time shall receive a minimum of two (2) hours' pay at one and one- half (1-112) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE XV CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minim an of two (2) hours' pay at one and one-half (1-1/2) ti_ rj� th--e e�nployecls base pay rate. An entension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment, ARTICLE XVII STANDBY PAY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE XVIII UNIFORMS The EMPLOYER shall provide required uniform and equipment items. ARTICLE XIX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. ARTICLE XX LONGEVITY AND EDUCATIO'iAL TINCENTIVE Effective July 1, 1978 the following terms and conditions are effective. 20.1 After four (4) years of continuous employment each employee shall choose to be paid three percent (37,) of the employee's base rate or supplef-mentary pay bas�.?d on educational credits as outlined in 20.6 of this ARTICLE. 20.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9�) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 20.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Educational Credits Stated in Percentage Pay Terms of College Quarter Credits Increment 90 - 134 5% 135 - 179 7% 180 or more 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits _must be Job r elated. (Thus, a 4-year degree is not automatically 180 credits - -or a 2 -year certificate is not -9- automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work Q credits) , completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job- related seminars, short courses, institutes, etc. shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outI.J.ned Jin t1le award of Minnesota ' of i-'ediation Services Case No. 78-PN-370-A. ARTICLE XXI WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employmcnt, to the extent inconsistent with the provision3 of thi6 AGREE'MLE'NT, are li:reby superseded. 21.2 The parties mutually acknowledge that during the negotiations which resulted in this AGRZEEIIENT, each had the unl imited right and opportunity to make demands and propc.sals lviith respect to piny term or condition of employment not removed by law from bargaining. All agresnants and understandings arrived Pit by the parties are set forth in writing, in thio, AGRIPENEN'T f _ the duration of this AGREEMENT. The E11PLOYLR and the each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all. terms and Conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even Qouglh such terms or conditi=, may not ­a be 1. 1 - 1 1 'n .4 bee w. ­,in the know;..ii��d_e or ccnt,,-.-,mplation of either or bot of the parties at the time thio contract was negotiated or executed. ARTICLE XXII DURATION This AGREEMENT shall be effective as of January 1, 1984, except as herein no0d, and shall remain in full force and effect until the thirty-Cirst day of December , 1984. in w0ness i the parties hercto have this AGREEMENT on this 27th day of February, 1984. IN 'WITNESS THERETO, the parties have caused this AGREEMENT to be executed this 27th day of February, 1984. FOR THE CITY OF BROOKLYN CENTER FOR LAW ENFORCEMENT LABOR SERVICES #82 _10- APPENDIX A 1. WAGE RATES — 1984 Police a fficer After 36 months of continuous employment . . . $2,335.00 per month After 21 months of continuous employment 90% of After 36 months rate After 12 months of continuous employment 80% of After 36 months rate After 6 months of continuous enplo, 70% of After 36 months rate Starting rate 65% of After 36 months rate Sergeant. . . . $282 above After 36 months rate 2. a. Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred ten collars ($110) per month or one hundred ten dollars ($110) prorated for less than a full month in addition to their regular wage rate: Investigator (detective) School Liaison Officer Juvenile Officer Dog Handler Paramedic. b. Employees classified by the EMPLOYER to the following job classification will receive fifty dollars ($50) per month or fifty dollars ($50) prorated for less than a full month in addition to their regular wage rate: Corporal. 3. a. The EMPLOYER will contribute up to a maximum of one hundred forty -five dollars ($145) per month, per employee, for calendar year 1984 for general health, life, long-term disability, including dependent coverage. b. If for 1981 the unit employees vote to use fifteen dollars ($15) of the one hundred forty -five dollars ($145) per month, per employee, of health and life insurance for dental insurance for all unit employees, then such fifteen dollars ($15) can be used to bid out a dental insurance program, provided that the bidding process would be in compliance with State law and that this would not otherwise be precluded by State law. A -1 APPENDIX B This supplementary agreement is entered into between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82 for the period beginning January 1, 1984 and ending December 31, 1984. ARTICLE B-I DEFINITIONS 1. REGULAR PAY RATE: The employee's hourly or monthly pay rate, including educational incentive pay, and excluding any other special allowance. ARTICLE B -II VACATIONS 1. Permanent full -time employees shell earn vacation leave with pay as per the fallowing schedule: 0 through 5 years of service - 10 working days per year (5I6 day per month) 6 through 10 years of service - 15 working days per year (1 -114 days per month) one (1) additional day per year of service to a maximum of twenty (20) working days after fifteen (15) years of service. 2. Employees using earned vacation leave or Sick leave shall be considered working for the purpose of accumulating additional . vacation leave. 3. Vacation may be used as earned, except that the EMPLOYER shall approve the time at which the vac0ion leave may be taken. Nlo employee shall be allowed to use vacation leave during his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 4. Employees with less than five (5) years of service may accrue _I maxiMLO of L ftoen (15) working days of vacation leave. E pl y es wi more than five (`}) but less tha f i . v .en (15) consecutive: years of service (uninterrupted except for .Layoff not exceeding tW40 (2) years duration in any single layoff pe riod) may accrue a maximum of twenty (20) .{corking days of vacation leave. Employees with fift (15) consecutive years or lliC)re of service (uninterrupted except for layoff not tv�, (2) years duration in any since layoff period) I'11.i.i a ccrue a maximum of twenty -five (25) wonting days of vacation: Leave. 5. Employees leaving the service of the EMPLOYER in good standing, after having given the EMPLOYER proper notice of termination o:(' employment, shall be compensated for vacation leave accrued and unused. B -1 ARTICLE B -III SICK LEAVE 1. Sick leave with pay shall be granted to probationary and permanent employees at the rate of one (1) working day for each calendar month of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 2. Sick leave may be used only for absence from duty because of personal illness, legal quarantine, or because of serious illness in the immediate family. Irrimediate family shall mean brother, sister, parents -in- lac-,, spouse, children, parents of the employee. Sick leave may be used for the purpose of attending the funeral of the immediate family members plus brothers-in-law, sisters- ine- lawr, grandparents, grandparents -in -law, and grandchildren of the employees. 3. Sick leave shall accrue at the rate of one (1) day per month until one hundred twenty (120) days have been accumulated and at the ral.e of one -half (1/2) day per month after on-- hundred twcnty (120) dalyr, have been accumulated. Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick _leave. Workers Compensation benefits shall be credited against the compensation due employee's utilizing sick leave. 7 S y to z' pay, employee must f. In order to be el�.z,lole for �.�.ef� leave with p ,, p y a, notify the EMPLOYER prior to the time set for the beginning of their normal scheduled stlift; b. keep the EMPLOYE infor'ned of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the EIMPLOYER. 5. Employees abusing sick leave shall be subject to disciplinary action. AR'T'ICLE B-IV SEVER .:CE 1. An employee shall give the EMPLOYER two (2) weeks notice in writing before terminating his employment. 2. Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. B -2 ARTICLE B-V HOLIDAY LEAVE 1. Holiday leave shall be granted for the following holidays: New Year's Day Columbus Day Presidents Day Veterans Day Good Friday Afternoon Thanksgiving Day Memorial Day Christmas Day Independence Day and one and one-half (1-1/2) Labor Day floating holidays 2. Employees shall receive compensatory time off for each of the earned and accrued holidays. Such time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the EMPLOYER. An employee i%7ho works an New Year's Day, independence Day, Labor Day, Thanksgiving Day or Christmas Day shall receive time and one- half (1-1/2) his regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. 4. Except as provided in B-V paTagraph 3 above, overtime pay shall not be authorized for employees for hours worked on holidays v;hen such work is part of the planned schedule. ARTICLE B-VI LEAVES OF ABSENCE 1. In cases of demonstrated need and where sick leave has not been abused, the EMPLOYER shall grant to employees a leave of absence 111611 without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence the EMPLOYER will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 2. An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (anclusive of travel and expense pay) and his compensation for regularly schcduled varking hours lost because of jury service. 3. Employees ordered by proper authority to National Guard or Rc,Qrve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the EMPLOYER equal to the difference betwccn his reqular pay rate and his lesser military pay. 4. Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency whall be entitled to leave of absence without pay during such service. Upon of such service, employees shall be entitled to the same or similar employment of like seniority, status and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the Minnesota Statutes. B-3 9 ARTICLE B--VII AGREEMENT IMPLEMENTATION 1. The EMPLOYER shall implement the terms of this AGREEMENT in the form of a resolution. If the implementation of the terms of this AGREEMENT require the adoption of a law, ordinance or charter amendment, the EMPLOYER shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution or charter amendment. ARTICLE B --VIII FALSE ARREST INSURANCE 1. The EMPLOYER will provide each employee and pay 100% of the premium due thereon, with false arrest insurance. ARTICLE B--IX SENIORITY 1. The EMPLOYER shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 2. No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. 3. There shall be an initial probationary period ! "or new employees of twelve (12) months. ti. The EMPLOYER shall give the UNION and the employees at least two (2) weeks written notice in advance of any layoff. 5. Shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. 6. The EMPLOYER shall recognize reverse seniority as the primary factor when calling off duty patrol officers back to duty and as practicable, when considering scheduled duty changes. s -4 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN•THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 12, 1934 CITY HALL C ALL T ORDER 1983 PLANNIN CO MMISSI ON The 1983 Planning Commission was called to order by Chairman George Lucht at 7:31 p.m. ROLL _CA 1933 PLA N N ING _C OMMIS S ION Chairman George Lucht, Commissioners Molly Malecki, 1 4ary Simmons, Nancy Manson, Lowell Ainas and Carl Sandstrom. Also present were Director of Planning and Inspection Ronald tdarren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - Decem 8, 1983 Motion by Commissioner Malecki seconded by Commissioner Manson to approve the minutes of the December 8, 1983 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Sandstrom. Voting against: none. The motion passed. ADJOURN 1983 PLANNING COMMISSIO Motion by Commissioner Sandstrom seconded by Commissioner Malecki to adjourn the 1983 Planning Commission. The motion passed unanimously. The 1933 Planning Commission adjourned at 7:32 p.m. ADMI NISTER OATH OF O The Secretary then administered the oath of office to Commissioners Malecki, Manson, Sandstrom and Nelson. Commissioners Malecki, Manson and Sandstrom were reappointed for additional terms and Commissioner Nelson was appointed for the first time for a two year term. CALL TO OR 1984 PLANNING COMMISSION The 1984 Planning Commission met in regular session and was called to order by acting Chairman George Lucht at 7:34 p.m. ROLL CALL Acting Chairman George Lucht, Commissioners Malecki, Simmons, Manson, Ainas, Sandstrom and Nelson. ELECTION OF 1984 PLANNING COMMISSION C Acting Chairman Lucht then opened the floor for nominations to elect a 1984 Planning Commission Chairman. Commissioner Sandstrom nominated and Commissioner Manson seconded Commissioner Lucht to be 1984 Plannino Commission Chairman. Acting Chairman Lucht asked whether there were any additional nominations. Hearing none, he called for a motion to close the nominations for 1984 Planning Commission Chairman. CLOS NOM Motion by Coin,lissioner Malecki seconded by Commissioner Manson to close nomina- tions. The motion passed unanimously. A CTION E LECTING GEORGE LU CHT 198 P LANNING COMM ISSION CHAIRM A vote was then taken on Planning Commission Chairman. Voting for George Lucht: Commissioners Malecki, Simmons, Manson, Ainas, Sandstrom and Nelson. Voting I -12 -84 -1- against: none. The motion passed unanimously. EL ECT 1984 PLANNING COMMISSION CHAIRMAN PRO TEM Commissioner Ainas nominated and Commissioner Sandstrom seconded Commissioner Manson as 1984 Planning Commission Chairman Pro tens. Chairman Lucht asked whether there were any other nominations. Hearing none, he called for a motion to close nominations. CLOSE NOMINATIONS Motion by Commissioner Ainas seconded by Commissioner Malecki to close nomina- tions for 1984 Planning Commission Chairman Pro tern. The motion passed unanimously. A CTION ELECTING NANCY MANSON PLANNING COMMISSION PRO TEM A vote was taken on 1984 Planning Commission Chairman Pro tem. Voting in favor of Nancy Manson: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas, Sandstrom and Nelson. Voting against: none. The motion passed unanimously. APPLICATION NOS. 84001 AND 84002 (Reynolds Homes, Inc.) . Following the Chairman's explanation, the Secretary introduced the first two items of business, a request for site and building plan approval for a 28 unit townhouse project on the old Madsen Floral property and the excess back yards of four neighboring lots at 56th and Aldrich Avenues North and a request for pre- liminary plat approval to subdivide the land into 28 townhouse lots, one common area and four residential lots. The Secretary then reviewed the contents of the staff report for the two applications (see ° Planning Commission Information Sheets for Application Nos. 84001 and 84002 attached). The Secretary also explained that there had been a number of minor changes in the plan since the time the report was written. He explained that the townhouse development would be 3.35 acres which works out to a total of 26.8 units at 8 units per acre. He noted, therefore, that a density credit for one unit was being sought. He recalled for the Commission the discussion regarding this matter during the previous year in which it was decided that a density credit to allow the completion of the seventh quad home would be allowed, but that a density credit to allow an additional quad home would not be allowed. He also noted that the new plan provided for more fencing and less landscaping. He recommended that the landscape plan called for a mixture of 6" diameter trees, not all of one specie. He reviewed the size of the units. He noted that the gross square footage of each unit was 1,956 sq. ft. with 440 sq. ft. for garage space, leaving 1,516 sq. ft. for living space. Of this, 1,076 sq. ft. would be finished and 440 sq. ft. would be unfinished. He also noted that the common area would be 2.45 acres and that the power line at the northwest corner of the plat would no longer be in the townhouse development. He concluded by reviewing the condition of approval, but recommended tabling of both the site and building plan and preliminary plat applications. Commissioner Simmons stated she wanted to make a comparison between the agreement signed by the property owners and the surrounding neighbors and the development plans submitted for approval. She noted that the neighbors do not have a copy of the agreement. She noted the provision for owner- occupancy of the townhouse units and explained to those present that the Zoning Ordinance cannot force the sale of the townhouses. Chairman Lucht noted that the agreement phases out after 751 of the units are sold and that, therefore, conceivably, the project could be 25% rental. Commissioner Simmons pointed out that the 'agreement called for 1,350 sq. ft. of finished floor space in the individual townhouse units. She contrasted this with the 1,076 sq. ft. of finished floor space shown in the plans. She also pointed out that the agreement called for cedar or brick siding. She noted that the plans called for lap siding over at least 50`) of the exterior of the units. She also complained of the fact that the notice of the Planning Commission meeting was 1 -12 -84 -2- received late by most neighbors and had the appearance of junk mail. She con- cluded by saying that the rezoning was al lovin(i on the basis of the agreement between the property owners and the surrounding neighbors and that the agreement is not being followed. Chairman Lucht then called on the applicant to speak. Mr. Wayne Tower of Suburban Engineering representing Reynolds Homes, Inc., explained that the 15 ft. buffer area at the northwest corner of the townhouse development could be pro- vilded by realigning the two townhouse units along the west side of the site. He showed Such new alignment to the Planning Commissioners. Regarding the question of fencing, Mr. Tower stated that the applicant would do whatever the neighbors wish, whether it be a fence or landscaping. He also stated that the 6" diameter trees could be changed from Ash to some other specie. He stated that a power line easement can be shown on the final plat. He then presented to the Planning Commis- sion, a written acknowledgement by some of the surrounding neighbors that the development plans for the project meet the agreement between the neighbors and the property owners. As to the notification of surrounding neighbors of the Planning Commission meeting, Mr. Tower stated that the notice was in the mail seven days prior to the Planning Commission meeting. He concluded by saying that he felt the plan meets the agreement with th the neighbors and he asked that the Planning Commission not table the applications. Chairman Lucht stated that the agreement did not actually concern the Planning Commission. Mr. Tower acknowledged this, but reviewed the provisions of the agreement anyway and argued that the development plans are in accord with the agreement. Commissioner Simmons stated that she would excuse herself from further considera- tion of the application in light of her connection with the neighborhood group. Commissioner Sandstrom stated that there seems to be a difference between the agreement and the proposed plans. He stated that niasonite was not comparable in quality to cedar or brick. Chairman Lucht commented that he would just as soon have masonite for siding. Commissioner Sandstrom also stated that he was concerned regarding the lighting plans. fie noted that there seems to be a large area in the center of the project with no lighting. The Secretary explained that the agreement between the owners and the neighbors was to induce the City Council to rezone land from RI to R3. He stated that a rezoning action on the part of the City would not address the concerns of surround- ing residents, namely that the project be owner-occupied. He explained that platting of the property for townhouse units sets up the possibility for an owner-occupied development. He cautioned, however, that the plat does not guarantee that the project will be owner-occupied. He also stated that the other aspects of the agreement concerning the individual units did not stem from ordinance requirements. The Secretary noted that the proposed plan has not changed a great deal from the concept that was shown in 1979. He encouraged the Commission to be aware of the agreement, but added that the agreement did not constitute a zoning criteria for denying the proposed development plan. PUBLIC HEARING (Application No. 84002) Chairman Lucht then opened the meeting for a public hearing regarding the pre- liminary plat and asked whether anyone present wished to comment on the appli- cation. Mr. McCarthy, of 5537 Camden Avenue North, stated that he was confused regarding the agreement. He stated that he did not want a rental complex existing behind him, but that he did not care very much about the square footage of the units or the exterior treatment. Mr. Wayne Tower, representing the applicant, assured Mr. McCarthy and others present that the developer would abide by the agreement. 1-12-84 -3- Mary Simmons, of 5530 Camden Avenue North, stated that the agreement simply allows the neighbors the opportunity to take the developer to court if he does not abide by the agreement. Mr. Tower stated that Mr. Reynolds, the builder of the project, does not wish to go to court. Ms. Simmons stated that of the five names that she saw on the letter that was submitted to the Planning Commission, only one was in the BelIvue Park Neighborhood Association. She explained that she had taken copies of the agreement to abutting property owners. Mr. Ed Trombley, of 803 -56th Avenue North, explained that he was one of the property owners and a party to the agreement. He stated that he had taken the letter of acknowledgement around to people who were neighbors to the land in question. He pointed out that the Bellvue Park Neighborhood Association is not the same as the neighbors with whom the agreement is made. Mr. Ed Beck, of 5507 Camden Avenue North, asked whether there was any significance to zoning the property R3 instead of R1. He expressed the belief that his own property would be zoned R3. Chairman Lucht explained that his property would remain R1, single- family. Mr. Marvin Nemec, of 5538 Camden Avenue North, asked what the proposal would do to neighboring property values. Chairman Lucht stated that he did not know what would happen. The Secretary stated that, based on information he has received from the City Assessor, no impact on property values would take place. He also asked whether the greenhouse could have had a negative effect on property values inasmuchas it was a commercial use. Mr. Nemec stated that the proposed develop- ment represents a lot of density in a small area. He stated that he was opposed to the project and that he preferred the land remain zoned RI. Mr. Beck also stated that he was against it because of the high density. He stated his concern over the traffic congestion. He stated that the project would change his whole life. He explained that all of his money has been invested in his house and he was concerned that the project would diminish his property values. Ms. Simmons stated that the Planning Commission was hearing the same arguments as five years ago. She stated that the developer has not lived up to the agreement and that was why the same arguments were being made. She asked the Planning Commission to table both applications to allow the neighbors time to meet and look at the plans. She concluded by saying that she felt the agreement was not being kept. Mr. Ed Trombley stated that there have been many meetings at which the proposed development had been discussed. He commented that he felt a few people are harassing those who wish to do something with their property. He also stated that the agreement can be turned around and used against the neighborhood as well as by the neighborhood. He stated that many other people saw the notice of the meeting, but chose not 'to come. He stated that this shows there is little opposition to the proposed development. Ms. Simmons explained that she had told many older residents in the area not to bother to come to this Planning Commission meeting because the matter would be tabled until later anyway. Mrs. Ann Jarvimaki, of 5625 Aldrich Avenue North, stated that she was in favor of the project. She stated that the school district needs more kids and a greater tax base which will be supplied by the developer. Mr. Wayne Tower stated that the applicant had no objection to meeting with the neighbors before the application goes to the City Council. He suggested that i Plannin Commissio problems with the site plan could be worked out if the g n sent the applications on to the City Council. The Secretary disagreed with Mr. Tower. He stated that the Zoning Ordinance all much mare time to consider the site and building plan application and recotmiended against rushing to any kind of 1 -12 -84 -4- decision. He stated that taking time in the short run can save time in the long run. Chairman Lucht agreed and stated that it was the Planning Commission's job to work out most of these prow ems. He asked whether there were other comments on the plat. Mr. Beck asked +, the project would he completed all at one time. Mr. Tower answered that the ground work, streets and utilities would be accomplished im- mediately and that the units would be built as they were sold. Ms. Simmons asked whether a model would be built and other units sold from that. Mr. Tower stated that the builder would probably use models that have already been built in Brooklyn Park. IMs. Simmons expressed a concern that the units might be rented if they were not sold. She stated that this would violate the agreement. Chairman Lucht stated that the agreement grew out of the City Council's deliberation over the rezoning of the land itself. He stated that the Planning Commission should look at things such as the insufficient buffer in applying the Zoning Ordinance to the proposal. Mr. Wayne.Tower stated that he would like to get the reaction of the neighbors to the proposed landscape plan. Mr. Beck stated that he had shrubs in his back yard. He discussed with Mr. Tower what would be seen of the units from the back of his house. Mr. McCarthy stated that he would prefer shrubbery if it was dense enough to block our cut - through pedestrian traffic. Mr. Tower e encouraged g the neighbors to state their preferences because the builder would like to know how much he is likely to spend on landscaping and fencing. Mrs. Beck stated that it was hard to know what they wanted without knowing what the units would look like. There followed a brief discussion regarding a possible meeting of people in the neighborhood to get together to look at the plans and the desire on the part of some present to be notified of such a meeting. Chairman Lucht asked the Planning Commission for its reaction. Commissioner Malecki stated that she felt the applicant should have met with the neighbors to review the plans prior to this meeting. She asked that the applicant work out the question of fencing with the neighborhood before the next meeting. She also asked that the applicant add lighting along the central garage. She recommended that the PP 9 9 g 9 Planning ommission table the application. 9 PP Commissioner Manson also recommended tabling of the application. She stated that she wanted to see the final plans after they have been reworked to suit the concerns of the neighbors and the Planning Commission. Commissioner Sandstrom also recommended tabling. He stated that he felt there would be a better feeling on the part of the neighborhood if there was a chance to meet between the property owners and the neighbors. Commissioner Nelson stated that he also favored tabling the application. Chairman Lucht stated that he favored seeing the plans with the final decisions on screening. He also stated that the Planning Commission is not going to rule on the agreement. He stated that the Commission would rule on the site plan and the plan based on City Ordinances. He added, however, that the Com- mission obviously wants the agreement with the neighborhood to be observed. CONTIN PUBLI H EARING (Application No. 84002) Motion by Commissioner Manson seconded by Commissioner Malecki to continue the public hearing on Application No. 84002. The motion passed unanimously. Mr. Ed Trombley asked hoer the property owners and the neighbors can resolve their differences. Chairman Lucht answered that there is now a mediation service which is intended to allow parties to a dispute to get together and try to work out their differences before going to court. Mr. Tower asked how soon the applications would be back before the Planning Commission. The Secretary answered that it would be reconsidered after the meetings have been held with the neighbors. Ms. Simmons stated that she wished to have two meetings, one for the neighbors to look at the plans and another to meet with the developer. 1 -12 -84 -5- 1 ACTION TABL APPLICATION NOS. 8 A ND 840 ( Reynolds Homes, Inc.) Motion by Commissioner Sandstrom seconded by Coniinissioner Ainas to table Appli- cation Nos. 84001 and 84002 to give the neighborhood and the developer time to work out concerns over the site and building plans. Voting in favor Chairman Lucht, Commissioners Malecki, Manson, Ainas and Nelson. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9:36 p.m. and resumed at 9:58 p.m. A PPLICATION NO. 84003 (Welcome Commun Home Following the recess, the Secretary introduced the next item of business, a request for site and building plan and special use permit approval to construct a bedroom addition above the existing attached garage at 6451 Brooklyn Boulevard and to remodel the existing garage into office space. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Appli- cation No. 84003 attached). Commissioner Manson asked whether the Department of Public Welfare licenses a certain number of clients for this particular home. The Secretary responded that he believed that was the case. Chairman Lucht then called on the applicant to speak. Ms. Mary Peterson, a worker at the Welcome Community Home, stated that she would answer any questions the Commission had. The Secretary stated that a drawing had been submitted as re- quested and that it appeared to be adequate. The Planning Assistant stated that the primary issue for the Planning Commission to resolve was the number of parking spaces needed for this facility and how they would be provided on the property. The Secretary asked Ms. Peterson whether the garage was presently used for parking. Ms. Peterson answered in the negative. PUBLIC HEARING (Application No. 840 Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Mr. Roger Lundquist, of 3910 -65th Avenue North, complained regarding the management of the home. He stated that he doubted the assertion in the staff report that one to four staff are present at the facility at all times. He stated that his parking lot has been used by visitors to the home and that there has been damage to his property by the residents of the home. He explained that a fence had been damaged and that the girls from the home sometimes wait inside the hallway of his four --plex for a school bus and that they have smoked cigarettes and damaged the carpet. He also complained regarding noise. He stated that on occasion, girls have been Laughing in the yard until after midnight and also stated that for a period of time during the previous spring, someone played a stereo at extremely high volume late in the evening. He stated that, at one time, had had asked to talk to the manager and was told that no manager was present. He stated that he was concerned that J ?e might los tenants because of the noise problems. He explained that he was not against the expansion, but that he wanted some recourse if the home is not managed properly. Commissioner Simmons asked whether it was not time at this Planning Commission meeting to deal with these problems. The Secretary stated that this was certainly the time to gather information, but that there were only certain things that the Planning Commission could do regarding this operation. He stated that noise violations or other vandalism should be directed first of all to the Police. Mr. Lundquist stated that he had called the Police. He stated that, after the Police arrive, the problem dies down; but that, after they are gone, the problem may flare up again. He stated that he wanted to knee what recourse he would have to require better i ianagom.erit if these problems arise in the future. The Secretary explained that the operation was a special use permit in the R5 zoning 1 -12 -84 -6- district and that it is subject to all codes, ordinances and regulations. Mr. Lundquist stated that he questioned the managel„ent's control of the facility when noise is loud at odd hours. The Secretary stated that Mr. Lundquist does have recourse to call the Police when there is such disturbance. He suggested that the applicant should respond to the concern regarding lack of management. He suggested to the Planning Commission that it perhaps ask for a set of house rules to evaluate whether management is doing what it can to control behavior. Commissioner Simmons stated that she did not think it was fair for the Planning Commission to ask a neighbor to keep coping with the problem. She asked by whom the facility is licensed. The Secretary responded that the facility is licensed by the Minnesota Department of Public 1klelfare. Commissioner Simmons wondered whether the neighbors should talk to the licensing authorities at the State. Mr. Jim Just, the owner of the 45!elcome Home, stated that there wa °s more than°vne side to the issue. He maintained that management was not lax and that the Problems were occasional and not continuous. Fie stated that any similar facility is bound to have occasional problems, but that the complaints that have been made suggest that the problems are continuous. Fie again maintained that the problems are not continuous, but of an occasional nature. He stated that he would be willing to meet with Mr. Lundquist and resolve any problems. Mr. Lundquist stated that he asked Mr. Just for compensation for damages six to seven years ago when the fence was damaged. He stated that Mr. Just asked whether he had seen the girls do the damage. He admitted he had not seen the girls actually commit the damage, but that circumstantial evidence made it fairly obvious as to who had caused the damage to the fence. The Secretary asked Mr. Just how many supervisors were required during the evening hours. Mr. Just responded that there are between one and three staff on duty from 3:00 p.m. to 11:00 p.m. and occasionally four staff present. Commissioner Simmons asked how many were present after 11:00 p.m. Mr. Just answered that one staff person was present. Commissioner Simmons asked whether this staff person was sleeping at the facility. Mr. Just answered in the affirmative. Commissioner Simmons asked 'now many staff were present at what times. Mr. Just answered that it depended on the activities of a particular day. He stated that during the day there is generally one staff person present and one staff person present at night. He stated that from 3:00 p.m. to 11:00 p.m., there are usually two to three and occasionally four staff people present. There followed a brief discussion between Mr. Lundquist and Mr. Just regarding the noise problem that had taken place the previous spring. Mr. Just stated that the Department of Public Welfare has power over the facility. He offered to give Mr. Lundquist the phone number to call if he had problems with the home. Chairman Lucht also stated that Mr. Lundquist could call the City and complain. The Secretary commented that he has not received any complaints regarding this facility in the last five years. He offered to contact Mr. Lundquist in six months to see if there had been any problems during that time if Mr. Lundquist so desired. Mr. Lundquist stated that a problem does exist with the facility, but that he is willing to wait and see and did not wish to be an obstructionist and see the permit denied. ACTION TABLING APPLICATION NO. 84003 AND CONTINUING THE PUBLIC HEARING (h;e lcome Community Home, Inc Movo`on by Comm sli over Ainas seconded-'by--Commissioner Nelson to table Application No. 84003 and continue the public hearing to further review the question of parking and other issues pertaining to the facility. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas,.Sandstrom and Nelson. Voting against: none. The motion passed. 1- 12--84 -7- OTHER BUSINESS Chairman Luc ht briefly explained the Neighborhood Advisory Group process to Commissioner Nelson and explained that he would be assigned to the Central Neighborhood. Also, by consensus, the Planning.Comimission accepted the proposed meeting schedule for 1984. A DJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:54 p.m. Chairman 1 -12 -84 -8- Planning Cornwission Information sheet Applicat on No. 84001 Applicant: Reynolds Homes, Inc. Location: 55th and Aldrich Avenues North Request: Site and Building Plan The applicant requests site and building plan approval to construct a 28 unit townhouse complex on the 3.44 acres of land consisting of the old Madsen Floral property, the former Madsen residence, and the excess back yards of four adjacent residences. The property - in question was the subject of rezoning Application No. 79018 submitted by Art Kvamme. That application, which sought a rezoning to R3, was approved by the City Council on August 13, 1979 following conclusion of an agreement between Mr. Kvamme and neighboring property owners. The property is still legally classified as Rl, pending a replatting of the land in question to legally describe the area rezoned to R3. The land in question is bounded by 56th Avenue North and two residences on the north, by single - family residences facing Camden Avenue North on the east, by 55 Avenue North and two single - family homes on the south, and by single - family homes facing Bryant Avenue North on the west. The site in question is 3.44 acres. At 8 units per acre, the site can accommodate 27.52 or 28 units. No density credit is therefore being sought. Access to the site is gained via a central drive, 24' wide, extending from 55th Avenue North to 56th Avenue North. It is not anticipated that the drive connecting 55th and 56th Avenues North will induce much cut - through traffic, inasmuchas Aldrich is not a through street in this area and the proposed driveway does not line up directly with Aldrich Avenue North, north of 56th Avenue North. Driveways leading off the main drive to the individual units are 18' wide. Two units facing 55th Avenue North and two facing 56th Avenue North have driveway access directly onto the public streets. The 28 townhouses are arranged in 7 "quads,' 5 to the east of the main drive and 2 to the west. Each unit will. have a double tuck -under garage and driveway parking space for two vehicles. In addition, the plan calls for 24 guest parking stalls for a total of 136 parking spaces available. This far exceeds the required 2 spaces per unit. The site plan provides for a 15' wide buffer strip adjacent to abutting single - family residences as required by City ordinance when an R3 development abuts Rl zoned land. A 6' high decorative wood fence is proposed adjacent to the east and north property lines of the residence immediately to the west along 55th Avenue North, and along the east and south property lines of the residencQ to the west along 56th Avenue North. The remainder of the site perimeter adjacent to resi- dential property is proposed to be screened by landscaping. This perimeter land- scaping is to consist of 6' Austrian Pines (12); 6' Black Hills Spruce (14); 4' Nanberry (96); 4 Zabel Honeysuckle (126); and 3' Red Twigged Dogwood (70). City ordinance requires either a 4' high opaque fence or wall or a Council approved substitute. Staff have recommended that fencing be considered where no fence currently exists. We are concerned that proposed perimeter landscaping will not provide adequate screening until some years after planting. However, if neigh- bors prefer no fence, the Council may approve the proposed landscaping or some other landscape treatment as screening. The plan also calls for five 6" diameter Marshall Ash at various points along either side of the main central drive. These meet the requirement for large trees in this multi- family development of 28 units. 1 -12 -84 -1- Application No. 84001 continued In addition to the perimeter landscaping, the applicant has proposed appropriate plantings, including one decorative tree (Autumn Purple Ash or Skyline locust), one large shrub (Pagoda Dogwood, Japanese Tree Lilac, etc.) and about half a dozen small shrubs (Mugho Pine, Cranberry vibernum, Fragrant Sumac, Arcadia Juniper, Goldrop Potentilla) for each unit. All green areas are to be sodded. The grading, drainage, and utility plan calls for drainage to flow from the minor access drives to the central private street, collecting in two catch basins roughly in the center of the project and conveyed by private storm to the public storm sewer in 55th Avenue North. Another catch basin is to be located in the buffer strip along the east side of the site to collect runoff in a low green area and convey it to the main storm sewer line. Each unit will be served by a separate water and sewer line. The main water line extends through the project from the public main in 56th Avenue North to the main in 55th Avenue North, thus providing a utility "loop" which maintains proper pressure. The storm sewer drains to 55th Avenue North and the sanitary sewer flows to 56th Avenue North. The townhouse units are to be built in quads on four levels: lower living level, garage, living- dining - kitchen area, and upper bedroom area. There are two alternate floor,plans: one with two bathrooms on the upper floor (one with a shower off the master bedroom) and another plan with a single upstairs bathroom (with access from the hall and the master bedroom). The gross floor area (including wall space) of the units is approximately 1,984 sq. ft., with approximately 456 sq. ft. for garage space. This leaves 1,528 gross sq. ft. of living space, including utility room, closets entry and hallways, and stairs. The exterior treatment includes face brick along the lower 4' of the front elevations (there are two front elevations on each quad). The remainder of the front and side elevations is primarily with 8" lap board siding, with cedar shakes below and cedar trim bordering the front windows. Fireplaces with face brick exterior trim and wood decks off the side ele- vations are options for each unit. No outside lighting plans have yet been submitted and the building elevations show no outside lights. The plans for this development are, for the most part, in order and meet ordinance standards. However, because of the special arrangement between the property owner and the surrounding neighborhood, the Commission may wish to table the matter at this time to give the neighborhood a chance to react to the proposed plans. Any action recommending approval should include at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. i s 1 -12 -84 -2- R - Application No. 84001 continued 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all common parking and driving areas. 7. No building permits shall be issued for the project prior to the final plat being approved by the City Council and filed at the County. 8. Plan approval acknowledges the proposed landscape treatment as ° fulfilling the intent of the Zoning Ordinance requirement for 4' high opaque screening where an R3 development abuts Rl zoned land. 1 -12 -84 -3- Planning Commission Information Sheet Application No. 84002 Applicant: Reynolds Inc. Location: 55th and Aldrich Aves. North (Madsen Floral) P.e_quest: Preliminary Plat The applicant requests preliminary plat approval to subdivide into a 28 unit town- house project and four residences.the Madsen Floral property at 55th and Aldrich Avenues North and the four residential lots immediately to the west. The property in question was the subject of a rezoning application to R3 in 1979 which was approved. However, the property has never been legally described in the Zoning Ordinance absent a replat of the property for an owner- occupied townhouse develop- ment. Technically, therefore, the land is still zoned Rl, pending the proposed replat. The land in question is bounded by 56th Avenue North on the north, by single- family residences facing Camden Avenue North on the east, by 55th Avenue North on the south, and by single - family homes facing Bryant Avenue North (and one long lot facing 55th Avenue Nort(i) on the west. The total plat is a rectangle approximately 315'_ east -west by 597' north- south. The entire plat is approximately 4.33 acres, 3.44 acres of which make up the proposed townhouse development. The remainder consists of four single - family residential lots, two facing 55th Avenue North and two facing 56th Avenue North. The townhouse complex contains seven blocks, each with four lots which are the seven quads and one lot and block for the common area. two residences facing 55th and two facing 56th, which are transferring their excess rear yards to the townhouse complex, will be the remaining four lots in the plat. The individual townhouse lots are each '27' x 52' or 1404 sq. ft. The common area is approxi- mately 2.54 acres of the 3.44 acre development. There is a power line which extends into the northwestern corner of the townhouse common area. This will probably be relocated along the proposed property line with a 5' easement on either side. Power line easements are also required along the east and west property lines of the townhouse development. The preliminary P Y plat shows no topographic or utility data vlhich are presented on the proposed site plan. As with all townhouse projects, the association documents are subject to review by the City Attorney and there must be a utility maintenance agreement to allow the City to perform emergency maintenance of on -site utilities in order to reserve health and . safet P Y The preliminary plat does seem to be in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the townhouse portion of the plat shall enter into a utility hookup agreement for water and sewer service to the townhouse project prior to final plat approval. 4. The Association documents for the townhouse development shall be subject to review and approval by the City Attorney prior to final plat approval. 5. The owner shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer prior to final plat approval. 1 -12 -84 Planning Commission Information Sheet Application No. 84003 Applicant: Welcome Community Home, Inc. Location: 6451 Brooklyn Boulevard Request: Site and Building Plan /Special Use The applicant requests site and building plan approval and an amendment to a special use permit to construct a bedroo;n addition above the existing attached garage at the Welcome Community Home at 6451 Brooklyn Boulevard and to remodel the existing garage to office space. The lot in question is zoned R5 and is bounded by a single- family home and a three- plex the northwest, by Brooklyn Boulevard on the northeast, and by four- plexes on the southeast and southwest. The home is classified under state law as a "residential facility" or group home and is a special use in the R5 zoning district. A Special Use Permit for a group care facility for up to 9 persons at 6451 Brooklyn Boulevard was granted by the City Council on January 26, 1976 under Application No. 76006, The applicant has submitted a brief letter (attached) explaining that the ex- pansion and remodeling would allow the home to serve as many as 11 young girls (there are 9 girls at present) though it is anticipated that only 10 will actually be present. During the day, while children are in school, there is one staff member on duty. In the afternoon, while children are home, there are two to four staff members on duty, depending on the program for that given evening. At night, while children are asleep, there is one staff member on duty. The girls are between 13 and 17 years of age, are considered "pre - delinquent" and are generally from home environments which pose problems for their healthy personal development. Welcome Community Home offers family counseling, follow -up counseling, and cultural and recreational activities (see copy of brochure at- tached). There is a van which is exclusively for the use of this home to transport clients. A facility such as this is licensed by the Department of Public Welfare under the Public Welfare Licensing Act. The applicant has also submitted a site layout of the property which is not professionally drawn and which is inaccurate in at least certain details (see copy of drawing attached). Staff have not asked for a survey of the property, but for a professionally drawn site plan which accurately depicts the current and proposed situation. For all practical purposes, an as -built survey of the property is probably the most appropriate means of verifying existing conditions. The applicant proposes no site revisions. However, staff feel that the current parking arrangement may not be adequate. Some of the parking space is not im- proved. Parking and driving areas are not bounded by curb and gutter as is required of most R5 uses. The Commission may recommend a waiver of this require- ment in lieu of the nature of the facility, but we feel more examination of the parking demand of the facility (including van, staff, and visitors) is needed. And, it is necessary to have an accurate drawing by a professional surveyor or engineer to evaluate the parking situation. Staff have asked for a better drawi'ng,but the applicant has not yet responded. The applicant is pursuing no change in the program offered other than the addi- i t onal number of clients. The application should not jeopardize the existing . special use authorization. However, the parking provisions do have to meet the concerns raised by standard (d) of the Standards for a Special Use Permit (attached). That standard requires that adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets." The information submitted, we believe, is insufficient to determine whether, in fact, this standard is met. Staff there- fore recommend that the application be tabled until appropriate site information is provided. 1 -12 -84 MINUTES OF THE PRuCEf:DINGS OF THE PLANNING COP,MISSION OF THE CITY OF PROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 16,1984 CITY HALL CALL TO ORDER The PlnAing Commission was called to order by Chairman George Lucht at 7:35 P.M. ROLL CALF Chairman George Lucht, Cannissioners Molly Malecki, Mary Simmons, Lowell Ainas, Carl Sandstrom, and hike Nelson. Also present were Director of Planning and Inspection Ronald Warren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVAL OF MIN - JANUARY 12, 198.4 Rct im y Commissioner Sandstrom secnned by Commissioner Malecki to approve the minu , - , s of the January 12, 1984 Kann ng Co aission meeting as submitted. tooting in favor: Chairman Lucht, Commissioners Malec'_ki, Simmons, Ainas, Sandstrom and Nelson. Voting against: none. The motion passed. T N OS. n^ APPL ICAT.,ON TvOS. 8 001 AND 40v- lPey H omes , OmPS Inca Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan and preliminary plat approval for a 28 unit townhouse development on the old Madsen Floral property and the excess back yards of four neighboring lots. The Secretary reviewed the contents of the staff report (see Planning Cam:?issi.on Information Sheet for Application, Nos. 84001 and 84002 attached) . The Secretary briefly reviewed with the Commission some of the history of the development; proposal. He explained that the application eras tabled �- p p p at the January 2 meeting to allow people in the neighborhood a chance to react to the Y � people g plans in light of the agreement between the neighbors and the property owners. He explained that the plan approval would acknowledge a density credit for one townhouse unit and briefly explained the provisions in the ordinance for such density credit. He reviewed the conditions of approval recommended by staff and reviewed the plat and site plan layout on an overhead projector. Chairman Lucht asked the applicant whether he had anything to add. Mr. Reynolds responded that he had nothing to add to the staff report. The Secretary added that the Planning Commission had asked that the plans be modified to diversify the 6" diameter trees along the central driveway so that they would not all be Ash trees. Commissioner Sandstrom asked what was wrong with Ash trees. Chairman Lucht explained that Ash trees were alright, but that the likelihood of survival of the trees would be enhanced if various species were used as opposed to all of one specie. PUBL HE ARING ( APP LICATION NO. 3 4002) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application,. He asked whether people had attended the meetings that were held to review the development proposal and whether the neighbors were satisfied. Still there was no comment from anyone present. Hearing none, he called for a notion to close the public hearing. 2 -16 -84 -1- CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Chairman Lucht then asked the Planning Commission if they had any comments regarding the development proposal. Commissioner Simmons read the following statement and asked that it be entered in the record: "Five years ago the City Council granted Art Kvamme and his associates an R -3 rezoning of their property, based almost entirely on a legal agreement which had been arranged between the Kvamme group and the homeowners (called "Neighbors ") within a 350 - foot distance of the property in question. After many false starts, and three years after the City could have rescinded the rezoning if it had chosen to do so, Mr. Kvamme and Reynolds Builders have finally come up with a serious development plan. This plan in several important ways violates the contract agreed upon five years ago. But over those five years, the property owned by the t 4 Neighbors" has changed hands, and certainly some minds have been changed as well. Five years ago I became the unofficial spokesmen for the concerned "Neighbors." From force of habit, I have continued to represent the viewpoint of concerned neighbors during the past year, and Brooklyn Center staff members have continued to ex pect me to represent these neighbors' interests. The fact is, though, that my own personal interest in that development has waned over the years. I can't see the planned development from my windows, and I doubt that the noise from the development will bother me. Several weeks ago I distributed copies of the five - year -old agreement to 17 neighbors whose property abuts or faces the planned development, on the theory that they will be most directly affected and should be involved in any discussion or negotiation with the developers. Later I arranged for all interested "Neighbors" within 350 feet to meet to study the Kvarnme /Reynolds plans and to decide among themselves what, if anything, they wanted to do to protect their interests. I made a point of not attending that meeting, because the whole purpose of it was to let the people most directly concerned decide for themselves what they wanted to do. At that meeting, the "Neighbors" are reported to have decided not to do anything to represent themselves in dealings with the developers. That decision frees me to turn my attention to other matters of more direct concern to me. I will not, however, vote to approve this application, because the plans submitted do not conform with the agreement upon which the City Council's original rezoning was based." 2 -16 -84 -2- Following her statement, Commissioner Simmons stated that she would not vote on the application. Commissioner Sandstrom stated that one of his concerns had been lighting and that that seems to have been taken care of with the revised landscape and lighting plans. Chairman Lucht explained to those present that the trees on the landscape plan are shown at the size that they will reach at a mature growth and that they would not initially be that large. He stated that the plant materials that were proposed in the landscape plan were good and that when they grow, they will accomplish ti:e screening that is called for in the ordinance. Commissioner Simmons noted that Mr. Beck, who lives at 5507 Camden Avenue forth, had expressed previously a preference for a fence. ChairrPan Lucht recognized Xr. Beck. Mr. Beck stated that he dial, in fact, prefer a fence. The Secretary stated that the plan could be revised to provide fencing in that area. ACT IO N,.R ECO'-'MENDING A PPROV AL OF APPLICAT NO. 84 001 (Rey nolds Homes, Inc.) Motio: by Corrir ission er Sandstrom s'econd,ed by Cer iiiissioner Ai.nas to recorr,iiend approval of Application No. 84001, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in in amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improv events. 4: Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all sLgnery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all common parking and driving areas. 7. No building permits shall be issued for the project until the plat comprehended under Application No n v p p 1 .84002 has been gi n e final approval by the City Council and filed at the County. 8. Plan approval acknowledges the proposed landscape treatment as fulfilling the intent of the Zoning Ordinance requirement for 4' high opaque screening where an R3 development abuts Rl zoned land. 9. As -built surveys of all utility installations in the project shall be submitted prior to release of the performance guarantee. 2 -16 -84 -3- 10. Plan approval acknowledges a density credit for one townhouse unit as a result of the under building parking provided (per Section 35 -400, Subdivision 1(b) of the Zoning Ordinance) to allow no more than 28 townhouse units on this 3. acre site. 11. The landscape plan shall be revised to provide fencing adjacent to 5507 Camden Avenue North and to diversify the b" diameter trees in the project. Voting in. favor: Chairman Lucht, Commissioners Malecki, Ainas, Sandstrom and Nelson. Voting against: none. Not voting: Commissioner Simmons. The motion passed. ACTION RECOMMENDING APPROVAL OF APP NO. 84002 (Reynol Homes, Inc.) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 84002, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the townhouse portion of the plat shall enter into a utility hookup agreement for water and sewer service to the townhouse project prior to final plat approval. � . The Association documents for the townhouse development shall be subject to review and approval by the City Attorney prior to final plat approval. 5. The owner shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer prior to final plat approval. 6. The plat shall be revised to indicate utility and drainage easements as required by the City Engineer to provide necessary service to the subdivision. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Sandstrom and Nelson. Voting against: none. Not voting: Commissioners Simmons. The motion passed. The Secretary explained to the Commission that it had an application for a home occupation and he recommended that the Commission consider that application at its March 1 Planning Commission meeting. He also stated that staff' would be bringing a draft ordinance amendment on Critical Area regulations at that time. The Secretary also informed the Commission of a year 2000 Study Task Force which was being created by the City Council to review policies on land use and other matters that would prepare the City for the year 2000. The Secretary stated that the Task Force would be composed of one person from each of the Advisory Commissions and probably one person from each school district within the City. He stated that the meetings would be open to the public and that the matters would be of concern to the Planning Commission. 2 -16 -84 -4- Commissioner Maleeki asked what had become of the group home application. The Secretary stated that staff had met with Mr. Just and explained the site improvements that would be recommended by staff for the development. He stated that staff had not heard anything further from Mr. Just since that time. ADJOURNMENT Motion by Commissioner Ainas seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:13 P.M. Chairman 2 -16 -84 -5- Planning Commission Information Sheet Application Nrs.84OO1, 84002 Applicant: Reynolds Homes, Inc. Location: 56th and Aldrich Avenues llorth Request: Site and Building Plan, Preliminary Plat The applicant requests site and building plan and preliminary plat approval to build a 28 unit townhouse developMent at the former Madsen Floral site at 56th Avenue North and Aldrich Avenue North. The 3.35 acre site is bounded by single - family homes facing Camden Avenue North on the east, by 55th Avenue North and two single - family hor-Ies on the south, by single - family homes facing Bryant Avenue North on the west, and by two single - family homes and 56th Avenue North on the north. These applications were revie�, =ed by the Planning Comimission at its January 12, 1984 sleeting. The applications were t(zbled to give surrounding neighbors the opportunity to consider the proposed development plans. To our knowledge, the surrounding neighbors have been invited to two meetings: one to consider the plans held on January 23, 1984 and arranged by the neighbors; and a second to view a model firsthand held on February 4, 1984 and arranged by the developer, Apparivn;ly only a 1 in;iited number of people showed up at either riaeeting. The applicant has submitted a revised landscape and lighting plan. It calls for fencing aloe the property lines adjoining the residences at 5501 Camden Avenue ., 9 P p Y ,7 g North, 800 and 806 55th Avenue North and 809 and 813 56th Avenue North. Landscape screening is proposed in all other areas, chiefly the east and west property lines of the project. Five coniferous tees are proposed at the end of each driving lane serving the various units. Two or three more coniferous trees are to be located opposite the outer end of each quad home. Other plantings have also been beefed up to .fill in the gaps. in addition, the plan calls for three street lights along the :rain central drive. Each unit will have an outside light on the front and side wall making a total of eight outside lights on each four -unit building. The two westerIv buildings have been tilted at an angle that allows for a 15' buffer strip adjacent to all residential lots. No changes in the building plans have been proposed. The builder has indicated to staff that 80% of people who buy new units ask to have the lower living area finished off. Other aspects of the development plans are unchanged. The Commission is referred to the earlier staff report for other details. Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions for Application No. 84001; 1. Building plans are subject to review and approval by the Building Official wits respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site ,performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 2 -16 -84 -1- y Application Nos. 84001 and 84002 continued 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view., 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all common parking and driving areas. 7. No building permits shall be issued for the project until the plat comprehended under Application No. 84002 has been given final approval by the City Council and filed at the County. 8. Plan approval acknowledges the proposed landscape treatment as fulfilling the intent of the Zoning Ordinance requirement for 4' high opaque screening where an R3 development abuts RI zoned land. °• As -built surveys of all utility installations in the project shall be submitted prior to release of the performance guarantee. The plat also ;-appears to be in order and approval of Application No. 84002 is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the townhouse portion of the plat shall enter into a utility hookup agreement for water and sewer service to the townhouse project prior to final plat approval. ' 4. The Association documents for the townhouse development shall be subject to review and approval by ti-je City P:ttorney prior to final plat approval. 5. The owner shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer prior to final plat approval. 2 -16 -84 -2- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of March, 1984 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance classifying certain land as being within the R3 Zoning District. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS BEING WITHIN THE R3 ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The following properties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: Blocks 1 through 7 and Lot 3, Block 8, Madsen's Floral Addition Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1984. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). Dorn .s-cher :3107 65th Avclrnue N. Brool.lyn Censer, iirnesot 55 2 17, IT%'4 Gerald Splin ter, Cit Yana;er City of Brooklyn C _,�� C enter Brook .yr Center, 1 55430 Lear Jerry: Enclosed please find a letter of transmittal to the i;:�yor and C:�unc.i.7 mer ors regaroin proposcc amendments to the City Charter. If you vould, please schedule a time for presentation to the Council in the near future and inform me of the date. Should you wish to discuss any of these amendments any further, please do not hesitate to call. Sincerely, : Donn Escher Chairman BROCKLYN CENTER CHARTER COI`Y MISSION cb Encls. TO: The Honorable Mayor and Members of the City Council of Brooklyn Center FROM: The City of Brooklyn Center CHARTER COMMISSTON DATE: February 17, 1984 RE : TRAN zMI OF RECOitr'.IET An�IEl`?DP +ANTS TO TH BROO CEN•LER CT i r GHr_r.1LR Pursuant to Minnesota Statutes 410.12 Subdivision 7, the Brooklyn Center Charter Commission recommends the adoption, by ordinance, of the attached proposed amendments to the Brooklyn Center City Charter. Respectfully, Donn Escher Chairman cb Attachments C [TY OF BROUKLYP! CENTER ORDINIANCE, ]"TO. _ F.1 0 %� CE A�1E:'I��IN T'1 BROO KLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 2.01 2.03, 2.05, 2.06, 3.02, 5.09, 6.02, 6.04, 7.06, 7.09, 7.16, 8.03, 3.04, 9.03, 11.01, 1.1.02, 12.12, and 12.13,of the Brooklyn Center City Charter are hereby amended as follows: Section 2.01. FORT OF GOV The form of government established b � this charter is the "CoF�� nager Plan". The Council shall exer- cise the legislative rower oi- the City and determine all matters of policy. The City manager s1hall be the head of the administrative branch of the City [govern:nent1 Gover and shall be responsible to the Council for the proper adF __ristrat on of all affairs relating to the City. Sec 2. ELECTIVE OF 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) years. The Mayor shall serve for a term of two (2) years. The Council shall be [judges? canvassers of the election of the Mayor and the Counci_lmembers. Section 2.05. VACANCIES I PA T liE COti The office of Mayor or Council- membe: shall become vacant' upon dea h, resignation, removal from office in any manner authorized by law or forfeyti:re of the office. The Mayor or Councilmember shall forfeit the office for (1) lack at any time during- the term of office of any qualification for the office prescribed by this charter or by law (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council. A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to `11 the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the [election authorities] Cit Clerk shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and not later than one hundred and twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, special elections. The quo of the Council consists of three (3) members; if at any time the membership of the Council is reduced to less than three ( 3 ) the remaining- mernbers may by unanimous action appoint additional members to rai.s��� +he membership to three (3). ORDINA14CE NO. Suction 2.06 THE MAYOR. The M,_ )r shall be the pr ex the Council., cep officer of t that tree Ccjur.cil shall_ choose from its members a president pro tem who shall hot office at the pleasure of the Council and shall serve as president in the 'Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a m- i:�ber of the Council and shall exercise all powers and perform all duties conferee and imposed upon the Mayor by this charter, the ordinances of the �City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial_ purposes, jtv the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations 3 -f the City government and shall report to the Council any neglec , dereliction of duty, or waste on the part of any [office) officer or department of the City. In time of public danger or, emergency L Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 3.02 SECRETARY OF U1w CO`IL. The City Clerk or the City Clerk's d esigne e shall act as Secretary of the Council. The Clerk shall keep a journal of Council proceedings and such other records and perform such other duties as may be required bV this charter or as the Council may require. The Council shall ch.pcWe such other officers and employees as may be necessary to serve at Its meetings. In the absence of the City Clerk, the Council may designate any other official or employee of the City (except the City Mar:ager or a member of the Council) to act as Secretary of the Council.. Section 5.09 INITIATION OF CF- -R' FR AMEND=ITS. Nothing in this charter shaif be construed as iS any way affecting the right of the registered voters, under the constitution and statutes of Minnesota, to propose amendments to this charter. MINNESOTA STA?TdTES ANNOTATED Section 410.1' Subdivision 7 Charter Amendrr:ent by Ordinance Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by c11dinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall te approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall he signed by qualified voters equal in number to two per cent of the total number of votes cast in the rvL at the last state general election or 2,000, which - ever. is less. If this city has a system of permanent regis- tration of voters only e�7istered voters are eligible to y sign the potition. If the requisite petition is filed within ORDliJt ^.ivCF. IdO. the pre scri.br'd pc Y :LOd, til ordinance shall not become effective 1jztti]. 4 is ar,_ roved by the voters as in the case of Charter arendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any- general or special_ election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirerrtents of ('li r.nesota Statutes 410.12) subdivi- sions 1 [throughl to 3 aDDly to petitions submitted under this section, to an amen - "ii g a charter, and to filing of such ordinance when approved by the voters. Sec tion 6.0 POWE A'_d D U, 7 17Q nF THE C ITY 1 ' 11 AINAGE'D Su S. The Cit,= Manager shall attend all meetings of the Council unle excu sed ' the Mayor, with the right to take part in the discussion, but not � vote; but the Council may in its discretion exclude the City Manager from any meeting at which the removal of the City Manager is considered. Sect 6. SU BORD T MATE OFFICERS. There shall be a City Clerk, C tl y Treasurer, and such other officers subordinate to the City Manager as the Council may create by ordinance. The City Clerk shall be sub to the direction of time City Manager, and shall have duties in connection with the keeping of the public records and such other duties as may be assigned by the City Manager or by the provisions of this charter. The City Treasurer shall have such duties in connection with the receipt, disbursement and custody of plablic funds as may be assigned by the City Manager and other provisions of - this charter. [The Clerk may be designated by the City Manager to act as Secretary of the Council., The provisions of this charter shall not be construed so as to prevent the combining of the offices of City Clerk and City Treasurer. The Council may by ordinance abolish offices which have been created by ordinance, and may combine the duties of various offices as it may see fit. Sect 7.0 P ASSAC',E O F ANNUAL BUD Th City Manager sha prese the Propo Budget a s an item of business at the first regular monthly meeting of th C', F_ in Se ptembe r, a nd the Council shall hold atourned meetin from time to time ,,n+zl t Ma Bu h as been considered .. _ in t otal T he ini m e eti nr. , anti' all s reetings in which ^e Propo Budget is con ec T ('Thebudget shall be the principal item of business at the first regular monthly meeting of the Council in September, and the Council shall hold adjourned meetings from time to time until all the estimates have been considered. This special budget meeting] shall constitute a public hearing on the budget and the Council shall cause to be published ,3 notice of the time and place of the [public hearing] i nit ial m giving not less than seven -(7) days nor' more than fourteen (lit) days notice of the time and place. The meetings shall. be so conducted as to wive interested citizens a reasonable opportu pity to be heard. [The budg }t estimates shall. be read in full and the City Manager shall explain time various items thereof as fully as may be deemed necessary by the Council.] C omplete copi of the C Ma 0 R 1 ) 1 NAN'C F, '10 J I Propose d B" I dFe I- sh a. 1, 1 he a va]. 11 I e pulblic vi ew a t a11_ meet in gs a ' - �i � i �(_, h , s rl B -1( 1 f 7r- 1- • The annual. budge aore(�d upoli shall icrth in d�-�_tail the c financial plan of the City for the ensuin;7 Hscal year for the funds budgeted [and shall be signed by the ma - of the Council when adopted.] 1 0-11- 7 It shall indicate the sums to be raised and from what sources and the sums to be spent and for what p according to Section 7.05. The total sum appropriated shall be ecual to the total estimated revenue and allocated surplus. The Counc. shall. adopt the budget not later - than [ first week of October] 1 hree (3) calendar days pr J- or to t he statutory requirement ` ~or certi_' ..-a of the budget to the - Co . u . inty T U_d Tt o r by a re so - i'd - t - To w h i c h set forth the toa! for each cE'1 a 11 --- budgeted fund and each de-,artmelnt with such segregation as to ob-lects and purposes of expenditures as the Council deems necessary for purposes of budget control.. The Council shall evying ll also adopt a resolution whatever taxes it considers necessary within statutory limits for the ensuing year for each fund. The tax levy resolution shall be cert to the County Auditor in accordance with law. At the beginnincr , of the fiscal year, the sums fixed in budget resolution shall be and become appropriated for the several purposes named in the budget reso- lution and no other. Section 7.09 CONTINGENCY API T BUDGET, The Council- may - i�c:lL 7 i(El� ., �conti�ngei :, ,cy — ap — pr - opr — ia 4 L - ioii as a part of the budget but not to exceed (three per centum (3%)! five percent (5%) of the total appropriation of the general fund T: in the budget for that year. A transfer from the contingency appropriation to any other appropriation shall be Trade only by a ma v--te of the members of the Council. The funds thus appropriated shall be used only for the purposes desig- nated by the Council. tSection ' 7.16. BONDS OUTSIDE T DEBT LIMIT. The Council may issue bonds for legal purposes out of the debt limit as p -Lded by law.] Section 8.03. LOCAL T� MPROVEMENTS REGULAT-ONS. After this charter takes L LJ I effect local improvements commenced prior thereto shall be completed and assessments may be levied and securities Lssued for the financing CD thereof as prescribed by the law applicable thereto. The Council may prepare and adopt a comprehensive ordinance prescribing the procedure which shall be followed thereafter in making all local improvements and levying assessments therefor Such ordinances shall [supersede all other provisions of the law on the same subject and may] be amended only by an affirmative vote of at least four-fifths (4/S) of the members of the Council. In the absence of such ordinances all local improvements may be made and assessments levied therefor as prescribed by an applica- ble law. Section 8.04. PUBLIC WORKS: HOW ' Public works, including all 06 ' improvements, may be Constructed, extended, repaired, and maintained either directly by d,:-:v labor or by contract. The City shall require contractors to give bond or other guarantees approved by the City Mana� for the protection of - T — heCa T ty - and al.1 persons furnishing Labor and materials pursuant to the laws of the State. ORDI NAi10E NC) . Section 9.03. PAYME,: O A!� RD The City shall, within seventy (70) days after - the riling of the co=iissi.oner's report, or in case of an appeal within [seventy (70)] for -five (45) days after the final' judgments or s ti p ula' io , of < >nt thereon, pay any a. of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. S ection 11.01. ACQU ISITION AND OPERATION OF UTILITIES. "he City may OWi: and ODtraf e any gas , wa.ter, ]Meat, power, light, telephone or other pU]71 is utllrty for t �l? ?_ying its :n needs for Ut1_lity servOe Cr for supplying utility se -1, ce to private consumers or both. It may construct all facilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but such acquisition action may only be taken by an ordinance, aI <nl oved by a majority of the electors voting thereon, at a general or s`)eci_al electicn. The operation of all public utilities owned by the City shall be under the supervision of the [Director of Public ti�•Iorks.] City Manager. _ S_ect 11.02. RATES AND FI N ANC ES. Upon recommendation made by the [Director of Public .orks] CiTW ? llanager or upon its own motion, the Council may fix rates, fares and dries, for municipal utilities, but such rates, fares and prices shall be just and - reasonable. The Council shall endeavor to make each municipal utility financially self - sustaining and shall not use any municipal utility operation directly or indirectly as a general revenue producing agency for the City. Before any rates, fares or prices for municipal utilities shall be fixed by the Council, the Council shall hold a. public hearing on the rniatter in accordance with Section 11.06. The Council shall prescribe the time and the manner in which payments for all such utility services shall be made, and may make such other regulations as may be necessary, and prescribe penalties for violations of such regulations. [S ectio n 12 .12. DISPOSITION OF FINES AN D PENALTIES. All fines, for - — r- - feitures, and penalties received _or the vlolat on of any ordinance shall be paid into the City Treasury. Every court or officer recei.virg such monies, within thirty (30) days thereafter, shall make return thereof under oath and shall be entitled to duplicate receipts for the amount paid. One of the receipts shall be filed with the City Clerk.] Section [12.13] 12.12. ORDINA TO MAKE CHARTER EFFECTIVE. The Council shall by ordinance make such regulations as may be necessary to carry out and make effective the provisions of this charter. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adopted this day of 19 Mayor 0 F D - 1 t"iI f" 110. ATTEST: C le : Published in the official newspaper Effective Bate (Brackets indicate matter to be deleted, underline indicates new matter.) (Published in the Brooklyn Center Post ) P�z'UCj ,,!—k id tG F� � 7PIPdTCt`T A OPI . z �ARE"A 0 , i I E1UI;' 'P'1'j1 T r WHEREAS, the City of Brooklyn Center received a complaint from Mr. Mel Jarvi, 1712 - 71st Avenue North, Brooklyn Center on May 10, 1983 requesting that the speed limit on 69th Avenue North between Humboldt Avenue North and Shingle Creek Parkway be reduced; and WHEREAS, the City's Administrative Traffic Committee (ATC) recommended to conduct speed surveys on May 24, 1983; and WHEREAS, ATC determined a safety problem existed and requested MN/DOT to conduct a speed survey and reduce the speed limit to 35 miles per hour on July 14, 1983; and WHEREAS, ATC reviewed TtN /DOTI S response on October 4, 1983 and recommended to the TSAC that the speed limit all along 69th Avenue Forth be uniform at 35 miles per hour, an option suggested by VIN/DOT; and WHEREAS, TSAC discussed making a uniform speed limit all along 69th Avenue North on November la, 1983, and scheduled their next meeting to allow for input from the public; and WHE REAS, TSAC heard public opinion on this item at their meeting on December 12, 1983, ,where the general opinion was to leave the speed limits now set at 30 miles per hour at that speed; and WHEREAS, VIN /DOT was sent a copy of the minutes of the TSAC meeting of December 12,1983 on December 27, 1983; and WHEREAS, I-TN /DOT responded on January 3, 1984 that they would recommend leaving the speed limits on 69th Avenue North as they currently are; and WHEREAS, ATC reviewed IAN /DOT'S response on January 3, 1984 and recommended to leave the speed limits as they currently are; and WHEREAS, ATC presented their recommendation to TSAC on January 5, 1984 to leave speed limits unchanged; and WHEREAS, Mr. John Vanderheyden presented two alternatives for changing the speed limits at the January 5, 1984 TSAC meeting; and WHEREAS, MN /DOT recommended to the ATC on January 11, 1984 that the two alternatives were not viable options; and WHEREAS, ATC recommended to TSAC on February 9, 1984 to leave speed limits on 69th Avenue North unchanged, following the advice of MN /DOT and WHEREAS, residents attendinc ' 1 the TSJ-�C meeting on February 9, 1984 who live in the area between the western City limits and Shingle Creek Parkway desire to keep the speeci limit on 69th Avenue North in that area at 30 miles per hour; and WHEREAS, residents attending the TSAC meeting on February 9, 1984 who live in the area between Shingle Creek Parkway and Humboldt Avenue North desire to lower the speed limit on 69th Avenue North in that area from 40 miles per hour to 30 or 35 miles per hour. NOW, THEREFORE, BE IT RESOLVED by the Traffic Safety Advisory Committee of Brooklyn Center, 1.1innesota, that: 1. The speed limits all along 69th Avenue North in Brooklyn Center remain unchanged. 2. The Traffic Safety Advisory Committee hereby requests the City Council to seek legal clarification from the City Attorney regarding the options for lowering the speed limit on 69th Avenue North between Humboldt Avenue North and Shingle Creek Parkway. DATE SAC CHAIRMAN ATTEST: A�A4:p Z iSAC Rl� CORDING SECRETARY ' - OF TT 4221 LAKE ROAD `1 - ROBBINSDALE, MINNESOTA 55422 TELEPHONE: (612) 537 -4534 tst€£Citrwm< February 16 , 1984 WALTER R. FEHST City Manager Mr. Bill Barnhart Assistant City Coordinator City of Minneapolis City Hall, 325 M Minneapolis, INiN 55415 Dear Bill: As we had discussed previously and again on the phone the other day, the City Council of Robbinsdale took action at its dune 7, 1963 meet- ing to seek from the City of Minneapolis their proposal, in writing, regarding the possibility of de- annexing from Brooklyn Center that portion of land on the north and eastern edge of Ryan Lake, and the annexation of that same property to the City of Minneapolis. The Council, by common consent, agreed that if the Minneapolis pro - posal included the purchase of teat Ryan Lake property, and the perpetual dedication of the land to public park purposes (through some stipulation in the deed to that effect), that the Robbinsdale . City Council would have no reservations about the City of Minneapolis proceeding to acquire that land and annex it.. If this is in fact the intent of the City of Minneapolis, please con - firm your proposal, in writing, to us so that I may pass this infor- mation on to our City Council. If you have any questions about the the Council's action, please don't hesitate to call me as we are anxious to resolve the situation. Sincerely, �/ , l Walter R. Fehst City Manager WRF:bhl cc: Gerald Splinter, City Manager Brooklyn Center AN EQUAL OPPORTUNITY EMPLOYER Phone: 537-8421 / f City ��, 4141,�DOUGLt�S DRIVE NORTH CRYSTAL. MJ� NE 55422 ADMINISTRATIVE OFFICE February 8, 1984 TO: ]Members of the Tri -City Airports Commission FROM: Eugene Welter, Chairman I have asked that the Tri -City Airports Commission meet on Tuesday, February 28, 1984, at 7:00 P.M. in the Community Zoom at Crystal City Hail. The following issues will be discussed: 1. Better working relationship with the MAC and FAA. 2. Discussion of the Metropolitan Council Task Force on Airports. 3. Any possible changes in safety procedures necessary at the Crystal Airport. 4. Long range Commission goals and future planning, J anuary 13, 1984 TO: Mayor Mei :tsma City Courcilmembers City Staff FROM: John Schaaf R~,. Tri - City Airport Co:r� meeting 1 - - The following is a compendium, of my notes relative to last night's Tri =City Commission meeting. I. At tendance 8 Commission members Jeff Hamie1, Larry McCabe (Y. .A..C. } Anoy Detroi , Jim Nelson (F.A.A.) Ember Reichcott, Lyn Carlson, D. Hokr (State Minn.) 50 citizens II. Subj ects Coverer: A. History of air;)ort - It was noted that "numerous" houses existed before the airport and that most of the houses existed before the airport was ex- parsed in the mid - 60's. B. History of aircraft accidents since 1980. 1. A map was ,resented by Crvstal staff outlining crash locations, tine /date and fatalities. 2. It was noted that out of a total of 8 crashes since 1/80: a. 4 deaths (3 were professional -paid Pilots) b. 4 crashes were on take -off; 4 landing c. 5 crashes were by transient aircraft d. 6 of the 8 crashes were the direct cause of pilot error (,.A.A. source); ! , I ayor, Councilmembers, Staff -2- January 13, 1984 2 crashes, the most recent,have no cause determination at this point. C. M.A.C. input (Jeff Hamiel) discussed: 1. MAC is regularly checking the following at Crystal Airport: a. Quality of student instruction b. Quality and frequency of aircraft repaix c. Maintenance of airport facilities d. Airport many ernent skills /techniques/ procedures • e. Airport runway configuration, orienta- tion, flight math, approach sequences, altitudes, and lighting 2. Larry McCabe (new Exec. Director of MAC) spoke of his personal concern along with Co,:rnissi on members to find cut how to prevent future ac- cidents. (Personal note he seemed most sincere). D. Comments `rom Audience 1. Aircraft fly too low. 2. Noise. 3. Scared of future accidents. 4. Nothing wrong with the Airport- -leave as is. 5. Airport support✓ the community- -pays taxes, jobs, supports local merchants, etc. *Informed audience that the Airport paid to Crystal $7,650.00 in property taxes; that staff est-f.7fates of Crystal direct costs (police /"re /streets, etc.) are an-- proximately $`0,000 per year; also, each crash costs the City approximately $5,000.) 6. Close Airport until cause /cure found for the problem (Note - -tis was offered by Ade Rygg.) 7. Change designat3.cn of Anoka County Airport, in order to relieve Crystal congrestion (of- fered by S. Lundgren) - N:.AC said "No way" to this. 8. Margin for error at Crystal very small. 9. More people killed on hichways than flving into Crystal (tote: I mentioned that Crystal has had 1 traffic fatality In same time frame of 4 aircraft deaths). Mayor, Councilmembers, Sta -f -3- January 13, 1984 l0. Ha seen many pilots "hot dogging ", flying low -- steep turns right at end of runway (co.nirie: is Dwane Nordstrom) . 11. A. councilm:ember (`oundsview) Bill spoke very critically of MAC procedures ,! and attention to local concerns--referenc- ing his experience with MAC /Jeff Hamiel, re Anoka County Airport. 12. "Have seen many ,pilots drinking and work ing on aircraft; then flving them." (Com- ment by Gary Gundiac.h.) E Noted Comments fro:j C_ =,mission Members I. Airport is serious safety problem that needs imunediate attention (Bill Hawes). 2. Suggest we hire outside consultant such as John Baker of "AOPA "; increase runway "overrun" area; lack of information from MAC to this Co =fission (Comments by Larry Cassen (F.B.O.) 3. Comments Chuck - ,enthe (Brooklyn Park staff) - Airoort okay - -no need to change basic oper- ations, City of BYooklvn ;ark w-an airport - to remain Viable part o commu nity, etc. Co - mmi.s sion "should promote Airport ". 4. Crystal Airport does not afford any margin for error (J. Olson). 5. Comments -J. Sch aaf: Airport is different from other MAC facilities; airport definitely contributes to the accidents; Crystal at- tempted to limit Growth through denial of buildina' permits; �MAC must start making al- ternative airport plans now- -they have a moral obligation to do so; somebody from Crystal or Tri - City Comm. should be appointed to MAC Board and Metro Council Aviation Task Force Board. 6. Jim Nelson (Crystal FAA Tower Supervisor): FAA tower has a responsibility to serve the aviation public as well as the general public. Summary Comnents by J. Schaaf 1. MAC appears more willing to talk, resolve issue. L. McCabe expressed deep concern to move ahead. 2. Suggest Council state resolution to Gov. Perpich that he appoint a Crystal person to MAC Board. Also reso- lution to Chairman ?ssacson, Metro Council, that Tay or, CGUncili'iemti�7ers, Staff - January 13, 1984 somebody from Crystal be appointed to their special task farce. 3. Brooklvn Park be lobbied to change their polit- ical position cr: the Zl irport {keep in mind that it is an economic advantage for Brooklyn Park to want the airport left as is, i.e. land usacae in Crystal non - productive, Crystal non - competitive in commercial raroperties north of Bass Lake Road, etc.) 4. Individual Council me-nbers who receive comments from public regarding Airport, please forward to J. Schaaf for follow up. 5. Meeting on a whole was more of an expression of views; few new concrete ideas expressed. However, it was great to finally get . P .A . involved, along with new Cha i Stan of M.A.C. 6. Future meeting scheduled minium 6 weeks after. Thanks to Jack, John, and staff for the special materials pre - paration, tvping, etc. Respectfully submitted, John R. Schaaf JR5 /da enc. - Meeting agenda - Cartoon- -Mpls. Tribune 1/11/84 M & C NO. 84 -03 I le February 24,1984 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Membership in the Municipal Legislative Commission To the Honorable Mayor and City Council: Attached is some information sent to me by the City Manager of Brooklyn Park on behalf of the Municipal Legislative Conyrission soliciting our interest in joining their organization. This Commission was set up as a suburban legislative lobbying effort. As you know, Brooklyn Center, as do other suburbs, believes that suburban interests are not as well represented as they should be at the Legislature. This organization is designed to represent suburban interests. One of the problems the League of Cities and the Metro Association of Municipalities has is the fact that it's difficult to reach a consensus because of the divergence of municipal interests in those organizations. The Municipal Legislative Commission was created to somewhat narrow this diversity by specifically representing suburbs. However, if you look • at its membership list, the opportunity for disagreement and divergence is certainly there within this organization as well as the others. The cost of joining this organization annually is set at 25 cents per capita or approximately $7,700 per year. I have been told, depending on how aggressive and extensive the membership wants the lobbying effort to be, that in the future the fees will may not be at the full amount of 25 cents per capita. You should understand when a new organization starts up there's a need to develop operating capital to run on and develop a sound financial base. The joint powers agreement calls for relatively easy withdrawal from the organization on an annual basis. I will be prepared to discuss the advantages and disadvantages of joining this organization more extensively at the Council meeting. Respectfully s hm / i�tted, Gerald G. Splinter City Manager enc. REQUEST FOR COUNCIL ACTION MEETING DATE 1 - - AL NDA SECTION: �O: ORIGINATING 1 RESEN TAT IONS & ORGANIZATIO >JAL BUSINESS DEPARTMENT: TTE "1 JOINT & COOPERATIVE AGREEZ4EIdT MUNICIPAL CITY MANAGERI LEGISLATIVE CO f24ISSICK Bv. R M N BACKGROUND 1 -9 -84 For quite some time there have Caen groups formed to protect what they perceive to be their interest when consid&, red by the legislature. The Small Cities' group in the state has lost some of its punch; the "Loser's Group has become the Municipal Caucus, and we have become a $200 member of this group. Often these groups trying to represen their members have such diverse interests y g ts that they often work at crass- puirposes and may be almost totally negative in their approach. For a number of months, Managerz from these cities; i.e., Bloomington, Brooklyn Park, Burnsville, Eagan, Eden P nairie, Edina, Maple Grove, Maplewood, Roseville, White Bear Lake, Woodbury, Minnetonka, Shoreview and Plymouth, have been meet- ing and working on a Joint Powers Agreement, trying to define a general purpose for interviewing and engaging a lobbyist to protect or work for our defined n g 1 P interests. Even with just 14 communities, there can be a diversity of interest; and as the legislature comes into session, problems are identified which may not even be known at this time.. Thus, I cannot tell you the No.. a precise objective that this group seeks to achieve. However, it could represent the clout of 450,000 population; and (a Agreement is drawn such that —each and every municipality would have an cted official on the Comriissi r- and its appointed administrator. The Chair would be an elected represzntative and the Vice -Chair would be an appointed representative. It was determined at first that a 25 cent per capita lid be placed.on membership, but this was reduced to $14,000 to prevent some communities from avoiding e because they already have individual lobbying efforts. r As I indicated in my Budget Mess-age, 72.3% of our revenue sources ces are not under our control and there wotz,lLd be the assumption that we would be working with the legislature can local gcvvernment aids or legislation affecting our budgets. Thus, the amount inveg_;.ed is of little consequence compared to what might be achieved., although. there is never a direct relationship between the lobbying efforts and achievements. I think the Council should favc;rably consider participating in this organiza- tion with the understanding that there is a withdrawal clause should we not wish to continue on into the future. However, there was the disclosed intent that this not be a one -shot dear,, but rather an ongoing process. ACTION REQUESTED OF THE COUNCILS 1 -9 -84 & ACTION TAKEN 1 -9 -84 MOTION UMLAND _, SECOND SLAC;.. TO (WAIVE THE READING AND) ADOPT RESOLUTION #1984- 8 APPROVIN:�:� 'T[-IE JOINT AND COOPERATIVE AGREEMENT FOR THE CITY OF BROOKLYN PARK TO BECOME: A MEMBER OF THE MUNICIPAL LEGISLATIVE COM.MIS- N AND APPOINTING THE MAYOR A2ZD CITY MANAGER AS DIRECTORS TO THE COMMISSION. ION PASSED UNANIMOUSLY. BACKGROUND 2- 27 -84 Even before all signatures were on the Joint Powers Agreement of the MLC some minor changes in the document were proposed by the membership. The most substantive change is in VII. Section 1 pertaining to voting. II ON REQUESTED 2- 27 -84 TION SECOND TO (WAIVE THE READING AND) ADOPT RESOLUTION ,'#`1984- AMENDING THE JOINT AND COOPERATIVE AGREEMENT MUNICIPAL LEGISLATIVE COMMISSION. RESOLUTION #1984 - RESOLUTION PMENDING THE JOINT AND COOPERATIVE AGREEMENT MUNICIPAL LEGISLATIVE COMMISSION WHEREAS, the membership of the Municipal Legislative Commission found some minor deficiencies in the Joint and Cooperative Agreement. nt. P g NOW, THEREFORE, BE IT RESOLVED that the Municipal Lecislative Wommission Joint Powers Agreement be amended. MUNICIPAL LEGISLATIVE CO;NMISSIO`i OPERATING COMINITTEE City of Mi nnetonka City of lHoodbury James Miller, City Manager James Lacina, City Administrator 14600 Minnetonka Blvd. 2100 Radio Drive Minnetonka, Minnesota 55343 Woodbury, Irlinnesota 55125 612/933 -2511 612/739 -5972 City of Bloomington City of Maple Grove John Pidgeon, City Manager Douglas Reeder, City Administrator 2215 West Old Shakopee Road 9401 Fernbrook Lane Bloomington, Minnesota 55431 Maple Grove, Minnesota 55369 612/881 -5811 612/420 -4000 City of Brooklyn Park City of Maplewood Richard Henneberger, City Manager Barry Evans, City Manager 5800 - 85th Avenue worth 1380 Frost Avenue Brooklyn Park, Minnesota 554+3 Maplewood, Minnesota 55109 612/425 -4502 612/770 -4500 City of Burnsville City of Plymouth James Spore, City Manager James Willis, City Manager 313E Highway 3400 Pi 1 East ag ,ti�ay 13 mouth Blvd. y Burnsville, Minnesota 55337 Plymouth, Mi nnesota 55447 612/890 -4100 612/770 -4500 City of Eagan City of Roseville Thomas Hedges, City Administrator James Andre, City Manager 3795 Pilot Knob Road 2660 Civic Center Drive Eagan, Minnesota 55122 Roseville, Minnesota 55113 612/454 -8100 612/434 -3371 City of Eden Prairie City of Shoreview Carl Jullie, City Manager Gary Dickson, City Manager 8950 Eden Prairie Road 4665 North Victoria Street Eden Prairie, Minnesota 5534.4 St. Paul, Minnesota 55112 612/937 -2262 612/484 -3353 City of Edina City of White Bear Lake Kenneth Rosland, City Manager William Joynes, City Manager 4801 !Test 50th Street 250 Miller Avenue Edina, Minnesota 55424 White Bear Lake, Minnesota 55110 612/927 -8861 612/429 -8526 JOINT AND COOPERTATIVE AGREEMENT ESTABLISHING A MUNICIPAL LEGISLATIVE COMMISSION PRELIMINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more sub - units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursu- ant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of legislative programs on matters of mutual concern and interest. I. GENERAL PURPOSE The primary purpose of this Agreement is for the member muni- cipalities to jointly and cooperatively develop legislative pro - grams on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the member municipalities. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions, as herein speci fied, with contributions being used for the retention of profes- sional assistance, information preparation and dissemination, re- search and other activities that ntav from time to time be author- ized by the membership. II. NAME The Parties hereto agree to establish an organization to be known as the Municipal Legislative Commission to carry out the objective of this Agreement. III. DEFINITION OF TEEMS Section I. Definitions For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. Section 2. " Board" or "Board of Directors means the govern- ing body of the Commission. Section 3. " Commission " means the organization created pur- suant to this Agreement. Section 4. " Council " means the governing body of a Member. Section 5. " Directors " means the persons appointed pursuant to this agreement to serve on the Board of Directors. - 1 - III. DEFINITION OF TERMS (Continued): Section 6. " Member means a municipality which has entered into this Agreement. Section 7. " Operating Committee means the committee con- sisting of the City Managers or Administrators of each Member. IV. ADDITIONAL MEMBERS Any other municipality may become a Member upon approval by a majority of the then Members. V. EFFECTIVE DATE A municipality shall enter into this Agreement by duly exe- cuting a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the City Administrator of the City of Woodbury, but after the Commission Chairman is elected, such documents shall be filed with said Chair - man. This Agreement shall become effective upon approval by at least six municipalities, or on February 15, 1984, whichever is sooner. VI. POWERS AND DENIES OF THE COMMISSION Section 1. The powers and duties of the Commission shall in- clude the powers set forth in this article. Section 2. It may establish legislative programs embodying proposed legislation and positions on proposed legislation. Section 3. It may take such action as it deems necessary and appropriate to accomplish the general purposes of the organi- zation. Section 4. It may consult with persons knowledgeable in the legislative process and persons having a special interst therein, such as Legislators, research organizations, educational institu tions, other political subdivisions, municipal organizations, regulatory organizations, technical experts and any other persons who can provide pertinent information concerning legislation of interest to the Commission. Section 5. It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. Section 6. It may conduct such research and investigation and take such action as it deems necessary, including participa- tion and appearance in proceedings of any metropolitan, State, Federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 2 - VI. POWERS AND DUTIES OF THE COMMISSION (Continued) : Section 7. It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this agreement. Section 8. It may contract with any of the Members or others to provide space, services or materials on its behalf. Any contracts let or purchases grade, shall conform to the require- ments applicable to Minnesota statutory cities. ma grants, Section 9. It ,,.a� accept g�.�ts, apply for and use gr nt , enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 10. It shall cause an annual, independent audit of the books of the Commission to be made and shall make an annual financial accounting and report in writing to the parties. Its books and records shall_ be available for and open to the examina- tion by the parties at all reasonable times. It shall establish the annual budget for the Commission as provided in this agree- ment. Section 11. It may delegate authority to the Operating Com- mittee between Commission meetings. Such delegation of authority shall be by resolution of the Board and may be conditioned in such manner as the Board may determine. Section 12. It may exercise any other power necessary and incidental to the implementation of its powers and duties. VII. BOARD OF DIRECTORS Section 1. The governing body of the Commission shall be its Board of Directors. Each Member shall be entitled to two (2) direc- tors. Each Member shall have one (1) vote. Either director repre- senting a Member may cast that member's vote. The Council of each Member shall appoint its two (2) directors, one (1) of whom shall be the City Manager or Administrator and the other shall be an elected official_ from the Council of the Member. Directors shall serve without compensation from the Commission, but this shall not prevent a Member from providing compensation for its directors if such compensation is authorized by the Member and by law. Section 2. There shall be no voting by proxy, but all votes must be cast by a director at a Board meeting. 3 - VII. BOARD OF DIRECTORS (Continued): Section 3. Each director shall serve until that director's successor is appointed and assumes his or her responsibilities. Directors shall serve at the pleasure of the Council appointing them. When a Council appoints a director, it shall give notice of such appointment to the Commission's Secretary- Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Commission. Section 4. The presence of directors representing a majority of the Members shall constitute a quorum of the Board. Section 5. A vacancy on the Board shall be filled by the Council of the Member whose position on the Board is vacant. VIII. MEETINGS Section 1. The Commission shall meet at least quarterly and shall hold an annual organization meeting in January. Section 2. At the organizational meeting, or as soon there- after as it reasonably may be done, the Board shall adopt bylaws governing its procedures including the time, place and frequency of its regular meetings. Such bylaws may be amended from time to time. Section 3. Special meetings of the Board may be called (a) by the chairman or (b) by the Operating Committee, or the Board upon the written request of three member municipalities. Five (5) days written notice of special meetings shall be given to the directors, unless shorter notice is required due to an emergency. Such notice shah. include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. Section 4. Reasonable notice of regular meetings of the Board shall be given to the directors by the Secretary- Treasurer preferably seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. IV. OFFICERS Section 1. Number, Election, Qualifications The officers of the Commission shall consist of a Chairman, a Vice Chairman and a Secretary /Treasurer. Each officer shall be elected at the annual meeting by the Board and shall hold office until the 4 - IV. OFFICERS (Continued): next annual election of officers and until his/her successor shall have been elected and have qualified or until his /her earlier disqualification, death, resignation or removal. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected. Not more than one (1) Director of a Member shall be elected an officer during the same term. Directors of a Member that have given notice of withdrawl shall not be eligible to become officers or to vote on the election of of - icers. Any officer who ceases to be a :Director small at the same time cease to be an officer. Section 2. Resignation Any offices of the Commission may resign at any time by giving written notice of his /her resigna- tion to the Board, to the Chairman or to the Secretary /Treasurer of this Commission. The resignation shall take effect at the time, if any, the-rein s ec.�fe i or if no time is specified therein, Y, P P , upon receipt thereof by said Board, Chairman or Secretary /Treasurer. The acceptance of a resignation shall not. be necessary to make it effective. Section. 3. Removal A.ny officer may be removed, with or without cause, by a vote of four- fifths (4/5) of the total number of Directors, at any Meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meet- ing unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 5. Chairm Mice Chairman The Chairman shall pre- side at all meetings of the Commission and shall perform all g P duties incident to the office of Chairman and such other duties as may be delegated by the Commission. The Vice Chairman shall act as Chairman in the absence of the Chairman. The Chairman shall be an elected official and the Vice Chairman shall be an appointed official who shall also serve as Chairman of the Operat- ing Committee. Section 6. Secretary/Treasurer The Secretary /Treasurer shall be an appointed official who is a member of the Operating Committee. He /she shall be responsible for keeping a record of all of the roceedin s of th P g e Commission and Operating Committee. The P g Secretary /Treasurer shall send written notice and material pertaining to agenda items to each Director. He /she shall have custody of the 5 _ IV. OFFICERS (Continued): Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Commis- sion. The Secretary /Treasurer shall be responsible for such other matters as shall be delegated to him /her by the Commission. Orders, checks and drafts of the Commission shall require the signatures of the Secretary /Treasurer and one (1) other Director from a Member other than that of the Secretary /Treasurer. In conducting the Co- ,mmi.ssion's financial affairs, the Secretary /Treasurer shall, at all times, act in accordance with generally accented accounting principles. The Secretary /Treasurer's reports, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors not less than five (5) days prior to the meeting at which action on such bills or claims is to be taken. The Secre tary /Treasurer shall post a fidelity bond or other insurance in an amount, on terms and with a company approved by the Commission. The Commission shall bear the cost of the bond or insurance. Said fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Any persons may be engaged to perform such services under the Secretary /Treasurer's supervision and direction, when authorized by the Commission. Section 7. Other Officers The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. Section 8. Committe The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. X. OPERATING COMLMITTEE Section 1. Qualifications The Operating Committee shall consist of the City Manager or Administrator appointed as a Director by each Member. Section 2. Authority The Operating Committee shall have the authority to manage the property, affairs and business of the Commission between Commission meetings, to the extent speci- fically delegated by the By -Laws or resolution of the Board, but at all times, shall be subject to the control and direction of the Board. Section 3. Me etings . The Operating Committee shall meet monthly at a time and place to be determined by the Operating Committee. Special meetings may be called by the Chairman of the Operating Committee or by any other two (2) members of the -. 6 - i X. OPERATING COMMITEE (Continued): Operating Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy -txo (72) hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Operating Committee by the person or persons calling the meeting unless shorter notice is required due to an emergency. The notice sha.1 state the matters to be con- sidered at the special meeting and only those matters shall be considered at that meeting. Section 4. Personnel The Operating Committee shall have authority to hire, supervise and discharge full or part -time employees but their compensation shall be within budget limita- tions. The Operating Committee r.ay make any required employer contributions which local govern -ment units are authorized or required to make by law. XI. FINIA2NCIAL MATTERS Section 1. Commission funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Orders, checks and drafts must be signed by any two (2) of the officers. Other legal instruments shall be executed with authority of the Board, by any two (2) officers. Section 2. The financial contributions of the Members in support of the Commission shall. be per capita. Each of the Members shall pay to the Commission an a.ount as annually determined by the Commission not to exceed $.25 per capita by February 15, of each year based on the most recent Metropolitan Council population esti- mates, however, no individual municipality shall contribute more than $10,000 per year. This amc :nt may be used by the Commission to pay all legal and consultant costs and expenses and other ex- penses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. Section 3. A proposed budget shall be formulated by the Board and submitted to the members on or before August 1 of each calen- dar year. Such budget shall be deemed approved by a Member unless, prior to September 15 of the year involved, the Member gives notice in writing to the Board that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Board on or before November 1 of each year. Section 4. Any Member may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principals used by Minnesota statutory cities. 7 - XII. WITHDRAWAL Section 1. Withdrawal Any Member may withdraw from this Agreement effective on January l of any year by giving notice pursuant to Section 2 of this Article prior to September 15 of the preceding year. Section 2. Notice In order to effectuate a withdrawl, a Member withdrawing from the Commission shall give written notice to the Chairman of the Commission, served personally on the Chair - man or addressed to the Chairman at the address shown on the records of the Commission, and by giving with such notice, a certified copy of a .resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chairman of such notice and resolution. The with- drawing Member shall have the responsibility for such actual receipt by the Chairman. Upon receipt of such notice and resolution, the Chairman of the Commission shall forward a copy of the notice and resolution to each Director. Section 3. Fi nancial Effect of Withdra No financial benefit shall inure to a Member that withdraws from this Commission nor shall there be any reimbursement for any contribution made or required of the withdrawn Member by this Agreement. XIII. AMENDMENTS Section 1. Amendmen This Agreement may be amended only by written amendment ente *red into by a majority of the then Members to this Agreement in the same mariner as this Agreement is entered into pursuant to Article VI hereof. XIV. DISSOLUTION Section 1. Du ration of Commissi The Commission shall be dissolved if less than four (4) Members remain, or by operation of State or Federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Members. Section 2. Distribution_ of Assets Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Members that are Members to the Agreement at the time of dissolution, in pro - portion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (b) months, as is necessary to wind up its affairs, but for no other purposes. - 8 - IN WITNESS WHEREOF, each undersigned municipality has caused this Agreement to be signed on its behalf this day of , 1983. CITY OF BLOOMINGTON CITY OF EDINA By By Its Mayor Its Mayor By By Its Manager /Clerk Its Manager /Clerk CITY OF BROOKLYN PARK CITY OF MAPLE GROVE By By Its Mayor Its Mayor By By Its Manager /Clerk Its Manager /Clerk CITY OF BURNSVILLE CITY OF MAPLEWOOD By By Its Mayor Its Mayor By Its Manager /Clerk Its Manager /Clerk CITY OF EAGAN CITY OF PLYMOUTH By By Its Mayor Its Mayor Its Manager /Clerk Its Manager /Clerk CITY OF EDEN PRAIRIE CITY OF ROSEVILLE By By Its Mayor Its Mayor By Its Manager /Clerk Its Manager /Clerk i - 9 - CITY OF WHITE BEAR LAKE By _ Its Mayor By Its Manager /Clerk CITY OF WOODBURY By Its Mayor By Its Manager /Clerk CITY OF MINNETONKA By Its Mayor By Its Manager CITY OF SHORE'VIEW By Its Mayor By Its Manager 10 - MUNICIPAL LEGISLATIVE COMMISSION MEMBERSHIP LIST CITY OF ROSEVILLE 2660 Civic Center Drive Roseville, MN 55113 Hall Phone: 612 City f Y 484 -3371 Council Representative: June Demos, Chair of Commission City Manager: Jim Andre CITY OF MIN ETONKA 14600 Minnetonka Blvd. Minnetonka, MIN 55343 City Hall Phone: 612/933 -2511 Council Representative: Peter Cotton City Manager: Jim Miller, Vice Chair of Commission CITY OF WOODBURY 2100 Radio Drive Woodbury, Mn 55125 City Hall Phone: 612/739 -5972 Council Representative: Daniel Guider City Administrator: Jim Lacina, Secretary /Treasurer of Commission CITY OF BLOOMINGTON 2215 W. Old Shakopee Road Bloomington, Mn 55431 City Hall Phone: 612/881 -5811 Council Representative: James Lindau City Manager: Jahn Pidgeon CITY OF BROOKLYN PARK 5800 - 85th Avenue No, Brooklyn Park, MN 55443 City Hall Phone: 612/425 -4502 Council Representative: James Krautkremer City Manager: Click Henneberger -1- y MUNICIPAL LEGISLATIVE COMMISSION MEMBERSHIP LIST CITY OF BURNSVILLE 1313 E. Highway 13 Burnsville, MN 55337 City Hall Phone: 612/890 -4100 Council Representative: Connie Morrison City Manager: Jim Spore CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 City Hall Phone: 612/454 -8100 Council Representative: Beatta Blo uist City Administrator: Tom Hedges CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, MN 55344 City Hall Phone: 612/937 -2262 Council Representative: Wolfgang Fenzel City Manager: Carl Julie CITY OF EDINA 4801 West 50th Street Edina, MN 55424 City Hall Phone: 612/927 -8861 Council Representative: Fred Richards City Manager: Ken Rosland CITY OF MAPLE GROVE 9401 Fernbrook Lane Maple Grove, MN 55369 City Hall Phone: 612/420 -4000 Council Representative: Donald Ramstad City Administrator: Doug Reeder -2- MUNICIPAL LEGISLATIVE COMMISSION MEMBERSHIP LIST CITY OF MAPLEWOOD 1380 Frost Avenue Haplewood, MN 55109 City Hall Phone: 612/770 -4500 Council Representative: Mike Wasiluk City Manager: Barry Evans CITY OF PLYMOUTH 3400 Plymouth Blvd, Plymouth, MN 55447 City Hall Phone: 612/559 -2800 Council Representative: Patricia Hoyt Neils City Manager: Jim Willis CITY OF SHOREVIEW 4665 North Victoria Street Shoreview, MN 55112 City Hall Phone: 612/484 -3353 Council Representative: Richard Wedell City Manager: Gary Dickson CITY OF WHITE BEAR LAKE 4820 Cook Avenue White Bear Lake, MN 55110 City Hall Phone: 612/429 -8526 Council Representative: Brad Stanius City Manager: gill Joynes w3 r MUNICIPAL LEGISLATIVE COMMISSION PROPOSED LEGISLATIVE ISSUES 1984 LEGISLATIVE SESSION ® Secure retroactive Local. Government Aid (L.G.A.) payments (Schied Bill). *Explore 1985 L.G.A. Funding Levels. *Develop a position on Comparable Worth (Bergland Bill). *Monitor M.T.C. Legislation. Monitor School Aid Formula changes. * Monitor Homestead Credit and Income Tax Surcharge changes. Monitor Industrial Revenue Bond changes. ®Support Changes in Metropolitan Waste Control Commission structure and operations. *Support accountability of Metropolitan Council. 1985 LEGISL TIV- SESSIOI3 o Support char c es to L.G.A. Formula= and/or funding level. awDevelop a position on Moto:: Vehicles Excise Tax Shift for M.T.C. Property Tax Reduction. e Develop a position on repeal of Levy Limits. 1984 MUNICIPAL LEGISLATIVE COMMISSION MEINBERS!HP LIST AND FEES 1933 METRO COUNCIL $10,000 CITY POPULATICd X .25¢ /CAPITA MAXI Plymouth 35,380 $ 8,845.00 $ 8,845.00 Woodbury 11,660 2,915.00 2,915.00 Eden Prairie 19,700 4,925.00 4,925.00 Edina 45 11,335.00 10,000.03 Brooklyn Park 46,910 11,727.50 10,000.00 White Bear Lake 22,510 5,627.50 5,627.50 Bloomington 82,490 20 10,000.00 Minnetonka 40,130 10,032.50 10,000.00 Burnsville 37,580 9,395.00 9,395.00 Eagan 25,080 6,270.00 6,270.00 Shoreview 18,830 4,707.50 4,707.50 Maplewood 27,780 6,945.00 6,945.00 Maple Grove 24,230 6 31 057.50 6 Roseville 35,920 8,980.00 8,980.00 TOTALS 473,540 $118,385.00 $104,667.50 Licenses to be approved by the City Council on February 27, 1984 , / a BULK VE 11DI MACHINE LICENSE Brooklyn Center Lions 5712 Humboldt Ave. 11. K -Mart 9930 Earle Brown Drive K -Mart 3600 63rd Ave. N. 0 Sanitarian' CIGARETTE LICENSE Wes' Standard 6044 Brooklyn Blvd.�� City Clerk GASOLINE SER STATION LICEPTSE Green Meadows 3319 49th Ave. N. �� - City Clerk MECHANICAL SYSTEMS LICENSE Advanced :eating 7805 Beech Street NE Buildin Official ion NONPERISHABL VENDING MACHINE LICENSE Cass Screw Company 4748 France Ave. N. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Herman's World of Sporting Goods Brookdale Center K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd Ave. N. Major Vending 7 I40 Major Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Midas Muffler Brookdale Center Modern Control 6820 Shingle Cr. Pkw Sun Land Solar 5740 Brooklyn Blvd. Miernik Vending 7258 Commerce Circle Brookdale Tower 2810 County Rd. 10 Hiawatha Rubber 1700 67th Ave. N. Marc's Budgetel 6415 James Circle NSI /Griswold Co. 8300 10th Ave. N. Lynbrook Bowl 6357 N. Lilac Dr. Red Owl Stores, Inc. 215 E. Excelsior Ave. N. Country Store 3600 63rd Ave. N. Royal Crown Beverage Co. P.O. Box 43466 Car X Muffler 6810 Brooklyn Blvd. Hi -Lo Manufacturing 6520 James Ave. North Star Dodge 6800 Brooklyn Blvd. Northport School 5421 Brooklyn Blvd. Warner Hardware 2105 57th Ave. N. Q Sanitarian P ERISHABLE VENDING MACHINE LICENSE Major Vending 7 Major Ave. N. d c Mo de rn Control 6 20 �hin le Cr. �% Pkwy. Miernik Vending 72558 Corsmerce Circle Brookdale Tower 2$10 County Rd. 10 Hiawatha Rubber 1700 67th Ave. Marc's Budgetel 6415 James Circle Sanitarian READILY PERISHABLE FOOD VEHICLE LICENSE Ted Burlingame 5919 June Ave. N. �•� Sanitarian RENTAL DWTv'T ING LICE14SE Initial: George & Susan Patten 5912 Admiral Lane Gale W. Pierce 6213 Beard Ave. N. Kenneth & Barbara Krasner 5801 Brooklyn Blvd. Gregory J. Blazek 6515 Brooklyn Blvd. Patrick Breitkreutz 6301 Brooklyn Dr. D. L. Jurries Ent. 6518 Chowen Ave. N. Patricia Perrozzi 7006 Girard Ave. N. Lyndon & Carole Carlson 5819 Halifax Ave. N. Alfred & Edna Herlitz 5200 Howe Lane David Busken 5310 James Ave. N. Gerald C. Salstrom 6313 Kyle Ave. N. Jon & Elaine Rask 4201 Lakeside Ave. #105 Dennis & Eunice Temple 1 4201 Lakeside Ave. #108 Allan & Lynne king 4201 Lakeside Ave. #215 Roman & Eva Gomez 4207 Lakeside Ave. #223 Sheldon & Janice Johnson 4207 Lakeside Ave. #240 Daryl Losey 5931 Pearson Drive Byron & Nancy Mach 4708, 4712 Twin Luke Ave. R. Cilke, D. Batty, S. Finkenbinder 6012 Washburn Ave. N. Hyun Choe 4512 63rd Ave. N. Walter Jacks 3M 66th Ave. N. Nell Davis 3827 69th Ave. N. Renewal: Multiplex Management Co. Unicorn Apartments J. M. Rafter 6331, 6401 & 6425 Beard Ave. Rudolph Olson 6505 Brooklyn Blvd. John S. Tschohl 5345 Colfax Ave. N. Bob Dale 6612 Dupont Ave. N. Residential Alternatives 5449 Lyndale Ave. N. Ernest W. Gertzen 5347, 49 Penn Ave. N. Properties Inclusive 6733 Perry Ave. N. H. & Val J. Rothschild, Inc. 5400 -5422 Ponds Dr. H. & Val J. Rothschild, Inc. 5426 -5448 Ponds Dr. Dennis Tollefson 5328, 30 Queen Ave. N. Robert Messersmith 5338, 5340 Queen Ave. N. Edward & Barbara Orndorf 6821 W. River Rd. Kermath & Mary Beth Ward 3400 62nd Ave. N. Properties Inclusive 3707 66th Ave. N. Director of Planning, and Inspection SPECIAL FOOD HANDLING LICENSE Mare s Buc gretel 6415 Janes Circle Betty Varcoe 974 Rice St. Terrace Holiday Inn Gift Shop 1501 Freeway Blvd.__ Sanitarian GENERAL APPROVAL: Gera' G lintel; City Clerk i II