HomeMy WebLinkAbout1983 10-03 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER ,
OCTOBER 3,1983
(Following Adjournment of the Housing & Redevelopment Authority Meeting)
1.' Call to Order
2. Roll Call
3. Open Forum
4 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.
5. Final Plat:
*a. Subdivision of Registered Land Survey 1564 (site of Ramada Hotel and
adjacent property along Shingle Creek Parkway and Freeway Boulevard)
Planning Commission Application No. 83046
1. Approval of Plat
2. Resolution Authorizing and Directing Mayor and City Manager to Enter
into Subdivision Agreement with Developer (Shingle Creek Land
Company)
*6. Performance Bond Reductions:
a. Hi Crest Square Estates, Fremont Place
b. Show Biz Pizza, 5939 John Martin Drive
*7. Appointment of Standby Election Judge for the 1983 Municipal Election
8. Resolutions:
*a. Accepting Work Performed under Contract 1983E (Brookwood Development
Improvement Project Nos. 1983 -04, 1983 -05, and Sidewalk Improvement
Project No. 1983-06)
-This contract provided for utility, street, and sidewalk improvements
adjacent to and utility improvements within the Brookwood Residences
development project.
*b. Accepting Work Performed under Contract 1983 -G (Brookdale Trailway
Improvement Project No. 1983-08)
-This contract provided for completion of the Brooklyn Center portion of
the regional trailway system by construction of the trail through
Brookdale Center.
*c. Accepting Work Performed under Contracti1982 K (Fuel Dispensing Control
System Project No. 1982 -23)
-This contract provided for installation of a security fuel dispensing
system at the City's Municipal Garage.
CITY COUNCIL AGE1 -2- October 3, 1983
*d. Accepting Bid and Approving Contract 1983 -h (Central Park Tennis Court
Improvement Project No. 1983 -12, Phase I)
e. Approving Change Order No. 1 to Contract 1982 -Q (Water Supply Well No. 9
Improvement Project No. 1982 -30)
-This resolution provides for construction of a manhole over an existing
16 valve.
f. To Adopt the 1984 City Budget
g. To Authorize a Tax Levy for 1984 Budget Appropriations
h. Approving a One -third Mill Levy for the Purpose of Defraying the Cost of
Operation, Pursuant to the Provisions of M.S.A. 462.411 through 462.711 ,
of the Housing & Redevelopment Authority of the City of Brooklyn Center
for the Year 1984
i. Approving Agreement with Motorola to Provide a Maintenance Contract for
the City's Radio Communication System
j. Accepting Bid and Authorizing Purchase of Scoreboards for Softball
Fields in Central Park
k. Authorizing Purchase of Sonar Depth Finder and Diving Equipment
1. Approving Collective Bargaining Agreement between Law Enforcement Labor
Services, Local #82 and the City of Brooklyn Center
9. Public Hearings (8:00 p.m.)
a. Continuation of Hearing on Assessment for Storm Sewer Improvement
Project 1980 -24 (67th Avenue Storm Sewer Extension)
-On December 21, 1981 the City Council continued the hearing for Brooklyn
Center Development Company, owner of Earle Brown Farm Apartments, upon
receipt of a letter protesting the proposed assessment in the amount of
$23,833.42 relating to the installation of storm sewer along the westerly
extension of 67th Avenue from Shingle Creek to Shingle Creek Parkway.
The hearing was continued on September 26, 1983, then continued again to
this evening.
b. Resolution Certifying Special Assessment against Tract A, R.L.S. 1382
for Storm Sewer Improvement Project No. 1980 -24 to the Hennepin County
Tax Rolls
10. Discussion Items:
a. Proposed Revision to City Park Ordinance
-This item comprehends a proposed revision of the City's park ordinance
giving the City Panager authority to regulate certain activities in City
parks, and also prohibits glass beverafe containers and the deposit of
garbage and litter in the parks.
*11. Licenses
12. Adjournment
T0: Sy Knapp, Director of Public Works
FROM: Jim Grube, Assistant City Engineer
DATE: September 30, 1983
RE: Final Plat Approval - Subdivision of Registered Land Survey No. 1564
(Site of Ramada Hotel and Adjacent Property along Shingle Creek
Parkway and Freeway Boulevard) Planning Commission Application No. 83046
Mr. L.A. Beisner, representing the owner of the referenced property, has
petitioned the City Council to approve the referenced final registered land
survey. Conditions placed upon the plat by the City Council at its September
12, 1983 meeting include:
1. The final R.L.S. is subject to review and approval by the City
Engineer.
2. The final R.L.S. is subject to the provisions of Chapter 15 of the
City Ordinances. v
3. The preliminary R.L.S. shall be revised to include items noted in
the Assistant City Engineer's memo of August 8, 1983, prior to
final consideration by the City Council.
4. Preliminary R.L.S. approval acknowledges a master plan for grading
and utilities for the area encompassed by this R.L.S. and the areas
occupied by Specs. 10 and 11 and the central parking lot. Said
master grading and utility plan shall be subject to review and
approval by the City Engineer. However, review and approval of
individual site development plans is not thereby implied.
5. The applicant shall enter into a Subdivision Agreement with the
City stipulating responsibility for and assessment of costs for
certain improvements to public facilities within the public right
of way, including, but not limited to:
a) the median opening in Shingle Creek Parkway
b) potential installation of a traffic signal
at the above median opening
c) sanitary sewer improvements
The applicant has met the requirements of conditions 1, 3, 4, and 5. To date,
the applicant has not submitted an Abstract of Title or Registered Property
Report for review and approval of the City Attorney. It is therefor recom-
mended the City Council approve the final registered land survey subject to
review and approval of an Abstract of Title or Registered Property Report by
.the City Attorney.
Attached herewith for City Council review and consideration is a subdivision
agreement which addresses the necessary aspects involved in the development of
the 24 acre parcel. It is recommended the City Council authorize execution of
the subdivision agreement by approving the attached resolution
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Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF SUBDIVISION
AGREEMENT FOR SUBDIVISION OF TRACT D, REGISTERED LAND SURVEY
NO. 1564
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota that the subdivision agreement between the City of Brooklyn Center,
Minnesota,
g Y Y
and Shingle Creek Land Company is hereby approved. The Mayor and City Manager
are hereby authorized to execute said agreement on behalf of the City of
Brooklyn Center.
.
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.
SUBDIVIS10Y AGRFIYffT
THIS AGR 27.11 .•T, Made and entered into the day and year set forth
hereinafter, by and between Shingle Creek Iend Company a Minnesota
GeneralPartnership hereinafter called the "Owner ", and the CITY OF BROOIM17T
CENTER, a municipal corporation in the State of Minnesota, hereinafter called the
nCit
WITNESSETH:
WHEREAS, the Owner of Tract D of Registered Land Survey No. 1564, which is
located in Section 35, Township 119, Range 21, in the City of Brooklyn Center,
Hennepin County, State of Minnesota, wishes to resubdivide the property as part of a
new Registered Land Survey, hereinafter called the "Subdivision "; and
WHEREAS, Section 15-109 of the Brooklyn Center City Ordinances requires
the Owner to enter into agreement with the City to provide for the construction of
improvements required to provide service to the Subdivision, and to provide for a
method of payment for such improvements:
NOW, THEREFORE, IT IS HEREBY AGREED AS FOIWWS:
DIVISION 1 — APPLICATION OF THIS AGRM1ENT
1.1 That the provisions of this agreement shall apply to all portions of
the Subdivision. All references to portions or tracts within the Subdivision shall
be deemed to apply to all portions or tracts of the Subdivision, unless the context
in which such reference is used clearly indicates it applies to only specified
E portions or tracts.
1.2 The provisions of this agreement shall run with the land and shall
• j
bind the Owner, its heirs, executors, and assigns.
DIVISION 2 — I31PROVFT22ITS TO BE MADE BY CITY, WITH SPECIAL ASSESDMTS TO
BE LEVIED AGAIEST SUBDIVSIION
2.1 That the Owner hereby petitions the City to construct those
improvements itemized in Exhibit A, and Exhibit B; and that the City hereby agrees to
prepare plans and specifications for the construction of said improvements and to
take bids for the construction thereof. 1
4 -
2.2 That the City will construct those improvements itemized in Exhibits
A and B and will levy special assessments against those tracts of the Subdivision as
outlined in said Exhibits A and B, pursuant to the provisions of Minnesota Statutes,
i
Chapter 429, as amended. The Owner acknowledges the benefits received from the
.' improvements as itemized in Exhibits A and B, and the Owner is responsible for the
payment of these special assessments.
2.3 That the Owner, before any contract for construction of the
Improvements described in Exhibits A and B is awarded, shall pay the City CASH in the
{ amount of $29,000.00 which amount represents 20 percent of the estimated total costs
' of said improvements exclusive of capitalized interest. Such payment shall be
applied by the City to the total assessments for the improvements.
2.4 That actual assessments will be based on actual costs incurred by the
City (for construction, engineering, legal, administrative, capitalized interest,
and contingent costs) and that the balance of said costs remaining after application
of the aforementioned cash payment will be levied as special assessments over a 15
year period with equal annual principal payments. Interest is to be charged at the
rate established by the City Council at the time of adoption of the assessment roll.
2.5 Upon completion of the sanitary sewer improvements outlined on
Exhibit B, the Owner shall take ownership of the installation. The City shall be
responsible for maintenance of the lift station and force main system and shall
invoice the Owner in January of every yeas( for actual costs incurred in the
inspection and maintenance of the system during the previous year. Actual costs
shall include, but not be limited to, equipment and material used in the work, labor
(including a fixed charge of forty percent (40%) for reimbursement of the
• proportionate share of PERA, insurance, sick leave, vacation, etc.) plus
administrative costs of five percent (5 %) on all the above listed costs.
2.6 That the Owner shall be responsible for replacement of any and all
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portions of the sanitary sewer from its connection to the municipal sewer system to
arty buildings it serves.
DIVISION 3 — UNPAID CURMIT ASSESSMENTS
3.1 That Exhibit C, attached hereto, summarizes the unpaid portions of
current special assessments which have been levied against the Subdivision for
` improvement projects previously completed by the City. That the Owner hereby
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acknowledges the benefits received from these projects. That these.assessments
will be apportioned to the various tracts of the Subdivision as summarized in the
attached Exhibit D. 1
* / DIVISION 4 — ADVANCE PAYr•IEHT OF SPECIAL ASSEScMT
4.1 That advance payment of all special assessments on the Owner's
property shall be made at the time the Owner sells said property, unless the City
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Council approves assumption of the special assessments by the purchaser at the time
of sale..
4.2 That upon such sale of said property, the Owner shall pay to the City
CASH, in an amount equal to one and one -half times (1 -1/2 x) the estimated total of
all assessments for said property if the assessment roll has not been adopted by the
City Council.
4.3 That in the event the payment made in advance of the adoption of the
assessment roll is greater than the actual assessment levied, the City will return
such excess to the Owner within 30 days after the adoption of the assessment roll.
4.4 That in the event the payment made in advance of the adoption of the
assessment roll is less than the actual assessment levied, the Owner shall make
payment in the amount of the difference within 30 days after the adoption of the
assessment roll.
r DIVISION 5 — FUTURE UTILITIES CONNECTIONS AND HOOKUP CHARGES
5.1 That Exhibit E, attached hereto, summarizes. the utility connections
and hookup charges which will be made to the various tracts within the Subdivision as
they are developed. That the Owner hereby acknowledges the benefits received from
these connections and hookups and that the Owner will be responsible for the payment
J
thereof in accordance with established City policies.
DIVISION 6 — OTHER RESPONSIBILITIES OF THE OWNER
6.1 That prior to signature of the Registered Land Survey by the City, the
Owner, shall execute a covenant which provides for installation of a traffic control
system, at a time not to exceed 10 years from the date hereof to control traffic
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movements from Shingle Creek Parkway to and from the Subdivision, and that the cost
of furnishing and installing said system shall be paid by the Owner, its successors
or assigns, pursuant to said covenant. Said covenant, included herewith as Exhibit
P, shall be filed with the Registrar of Titles, Hennepin County, Minnesota.
6.2 That the decision to install a traffic control signal system is to be
made by the City Council.
6.3 In conjunction with the submittal of a Master Development Plan during
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the platting procedure, the Owner shall submit a proposal for all internal driving
lanes and parking areas, including necessary restrictive covenants supplemental to -
the proposed Plan. Said restrictive covenants .shall designate financial
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responsibility for operation and maintenance of the facilities and shall assign a
necessary number of parking stalls: to the shared parking area (Tract C) for each
adjacent site in accordance with the requirements of the City's Parking Ordinances.
,
614 The Owner shall, as part of the Master Development Plan of the
Subdivision, provide restrictive covenants to assure that the assignment of the
necessary parking sa number of arks stalls to the shared parking are within Tract C,
P a
Registered Iand Survey No. 1564 is in conformance with the requirements of the'
City's Parking Ordinances.
6.5 That said restrictive covenants required in paragraphs 6.3 and 6.4
above shall be filed with the Registrar of Titles, Hennepin County, Minnesota, prior
to the issuance of building permits for the development of the Subdivision.
6.6 That the Owner shall provide for installation of survey monuments as
comprehended under Chapter 15 of the Brooklyn Center City Ordinances.. Said
monumentation shall consist of installation of cast iron monuments
at all block
corners and cast iron or steel pipes or rods at all interior lot corners,, points of
deflection of block lines, and points of deflection of lot lines.
The Owner shall provide a financial guarantee in the amount of $2,500.00 to
1
f
guarantee said monumentation shall be installed within 30 days of approval of the
final Registered Land Survey by the Brooklyn Center City Council. Said financial
guarantee shall be provided in conjunction with those improvements considered
necessary under paragraph 6.10.
6.7 That, upon installation of lateral water mains and /or lateral
sanitary sewer mains thin the Subdivision, the Owner shall provide an as -built
survey, accurately depicting the location of said utilities. In addition, the
Owner shall execute a Water and Sewer Main and Fire Hydrant Maintenance and
Inspection Agreement, included herewith as Exhibit G, for all utility
installations, both existing and proposed.
6.8 That the Owner will be required to regrade all Tracts of the
{ Subdivision upon which fill material was placed for soil consolidation purposes.
Said regrading shall include: provision for maximum 3 :1 slopes; 4 inches of
topsoil; establishment of a viable turf.
The Owner shall provide a financial guarantee, to be held by the Director
of Planning and Inspection, in the amount of $50,O0OtO0 to insure completion of said
` site improvement by May 1, 1984. Failure of the Owner to complete said improvement
by said date shall be just cause for the City to complete the work. All costs
incurred by the City including, but not limited to: contract costs, engineering
cost, administrative costs, legal costs, and capitalized interest costs, shall be
deducted from said financial guarantee, and the balance, if any, shall be refunded
to the Owner.
In the event the City experiences costs for completion of the regrading in
excess of the financial guarantee provided by the Owner, the City shall have a lien
against the property until such time as the City is reimbursed.
6.9 That the Owner will be required to complete the paving and curb and
gutter installation within the shared parking area (Tract C) of the proposed
Subdivision. Said improvements shall be completed in accordance with the
provisions of Planning Commission Application No. 83045 and this Subdivision
Agreement.
The Owner shall landscape all other areas not comprehended under the
development schedule for Planning Commission Application No. 83045. Said
landscaping shall include: provision for maximum 3 :1 slopes; 4 inches of topsoil;
i establishment of a viable turf.
The Owner shall provide a financial guarantee in an amount to be determined
by the City, in conjunction with the issuance of building permits for construction
on Tract F. Said guarantee shall be held by the Director of Planning and Inspection
to insure completion of said parking area site improvements within the time
provided. Failure of the Owner to complete said improvement within the time
provided shall be just cause for the City to complete the work. All costs incurred
by the City including, but not limited to: contract costs, engineering costs,
administrative costs, legal costs, and capitalized interest costs, shall be
deducted from said financial guarantee, and the balance, if any, shall be refunded
to the Owner.
In the event the City experiences costs for completion of the parking area
s in excess of the financial guarantee provided by the Owner, the City shall have a
lien against the property until such time as the City is reimbursed.
6.10 That the Owner will also be required to enter into a financial
performance agreement included herewith as Exhibit H, and provide a financial
performance guarantee to assure that all other on -site improvements within the
Subdivision will be constructed, developed, and maintained in conformance with the
plans, specifications, and standards as required by %the City's zoning and platting
� ordinances, and as approved by the City Council on September 12, 1983, through
Planning Commission Application No. 83045. That the Owner, in executing said
financial performance agreement, acknowledges the conditions under which said
guarantee has been provided and will be released.
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6.11 That the Owner, at the direction of the City, shall construct
additional future parking spaces within the shared parking area of Tract C,
Registered land Survey No. 1564, as required to provide for expanding parking needs
of both the Subdivision and adjacent developments as the Master Development Plan is
carried out to completion. The future parking spaces shall be installed in
accordance with the provisions of the site plans approved under Planning Commission
Application Ro. 80016 and 83045.
6.12 That the decision to construct said improvements under paragraph 6.11
may be made by the City Council if the Owner fails to provide said improvements.
6.13 That the Owner will be allowed two points of access to the Subdivision
f along Freeway Boulevard in accordance with the provisions of the Master Development
Plan provided in conjunction with Planning Commission Applications Nos. 83045 and
83046•
6.14 That the Owner, in providing for access to the Subdivision along
► Shingle Creek Parkway in the manner proposed under Planning Commission Application
No - 83045, shall construct necessary median structures to restrict traffic movement
in accordance with the requirements of the City Engineer to insure that traffic
congestion within and adjacent to Shingle Creek Parkway be minimized.
6.15 That the Owner will be required to pay SAC charges as described in
Exhibit I.
DIVISION 7 - MISCELLANEOUS PROVISION'S
r 7.1 That in the event the Owner violates
any of the 'govisions of the
agreement after expenditure by the City for the doing of any part of all of the work
described in Exhibits A and B, the City is hereby granted the right and privilege to
declare such amounts expended to be due and'payable as liquidated damages in full,
and the City may immediately bring legal action against the Owner to collect such
sums; and shall have a lien against the Subdivision for the entire amount then due.
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7.2 That the Owner agrees to pay to the City reasonable legal,
i engineering, and administrative fees, to be fixed by the court, in the event that
suit or action is brought to enforce the terms of,this agreement.
7.3 That the following exhibits, attached hereto, are made a part hereof
by this reference:
Exhibit J - proposed Registered nand Survey (P.C. Application No. 83046)
i
Exhibit K - proposed site plan (P.C. Application No. 83045)
Exhibit L proposed site plan of P.C. Application No. 80016
7.4 That, in the event of presently unforeseen circumstances brought
about by causes beyond the control of the Owner or the City, which makes the
development of the Subdivision impractical or impossible prior to the expenditure
of any monies by the City for the improvements listed in Division 2, this agreement
may be voided. Majority vote of the City Council shall be required for recopition
that such unforeseen circumstances in fact exist, such action to void this agreement
shall not be taken if, in the judgement of the Council, irreparable damage to the
City and the public interest would result from such action.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
s
y day of , 19
# SHINGLE CREEK LAND COMPANY,
a General Partnership
BY Lombard Properties Company,
a General Partnership
BY Brooklyn Development Company,
a General Partnership
BY Richardson Properties Inc.,
a Delaware Corporation
BY
Donald P. Leaney
ITS President
STATE "OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day
of 19 by the
President of Richardson Properties, Inc., a Delaware corporation-, General
Partner of Brooklyn Development Company, a Minnesota general partnership, a
General Partner of Lombard Properties Company, a Minnesota general partnership,
General Partner of SHINGLE CREEK LAND COMPANY, a Minnesota general partnership,
/ on behalf of Shingle Creek Land Company.
Notary Public
f 1 ` My commission expires
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CITY OF BROOKLYN CENTER ,
BY
� Its
Its
(SEAL)
{
WITNESSED:
i
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN)
On this T day of 1983, before me a Notary
Public within and for said County, personally appeared
and to me personally known who, being each by me
duly sworn they did say that they are respectively the
and of the corporation named in the foregoing
instrument, and that the seal affixed to said instrument is the corporate seal
of said corporation, and that said instrument was signed and sealed in behalf
of said corporation by its authority of its and said
f . .
and acknowledged
said instrument to be the free act and deed of said corporation.
' Notary Public
Nay commission expires
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This instrument was drafted by:
City of Brooklyn Center, Minnesota
Engineering Department `�
MIBIT A
ROADWAY IMPROVI. fIENTS TO MINGLE CREEK PARKWAY
Improvements to Shingle Creek Parkway to be accomplished by the City of Brooklyn
Center and paid for by the levy of special assessments against the Subdivision
include:
1) DESCRIPTION
WE Turn I: ne Construction: Left turn lanes shall be constructed along both
north and south bound Shingle Creek Parkway adjacent to the access drive to the
Subdivision. Required median modifications include the installation of a 50
foot taper and 160 foot long by 12 foot wide storage lane for north bound traffic
and a 50 foot taper and 150 foot by 12 foot wide storage lane for south bound
traffic thereby providing access to 6506 Shingle Creek Parkway.
Refer to Exhibit A -1 depicting the work comprehended under this section of the
Subdivision Agreement.
2) COST ESTIMATE
Remove Concrete Curb & Gutter 900 L.F. x 2.25 = 2025.00
Remove Concrete Median & 395 S.Y. x > 2.00 = 790.00
Sidewalk
Sawcut Bituminous Pavement 200 L.F. x 1.00 = 200.00
Remove Bituminous Pavement 120 S.Y. x 2.00 = 240.00
Common Excavation 500 C.Y. x 2.75 = 1375.00
Select Granular Borrow 250 C.Y. x 3.50 = 875.00
15 RCP Storm Sewer 85 L.F. x 25.00 = 2125.00
Catch Basin & Casting 2 Each x 600.00 = 1200.00
Casting Assembly 4 Each x 150.00 = 600.00
Transplant Trees 5 Each x 150.00 = 750.00
Concrete Curb & Gutter (B618) 610 L.F. x 5.75 = 3507.50
8° Concrete Driveway Pavement 200 S.Y. x 25.00 = 5000.00
4" Concrete Sidewalk & Median 1465 S.Y. x 2.35 = 3442.75
Aggregate Base Placed Class V 125 Ton x 7.00 = 875.00
Bituminous Base Course (2331) 160 Ton x 24.00 = 3840.00
Bituminous Binder Course (2331) 85 Ton x 25.00 = 2125.00
Bituminous Wear Course (2361) 65 Ton x 30.00 = 1950.00
Misc. Utility Adjustments L.S. x 1500.00 = 1500.00
SUBTOTAL CONSTRUCTION COST 32420.25
Contingencies = 4863.04
TOTAL CONSTRUCTION COST YM3
Engineering Costs (@ 9% of Construction Cost) 3355.50
Administrative Costs (@ 1% of Construction Cost) 372.83
Legal Costs (@ 1% of Construction Cost) 372.83
Capitalized Interest.(@ 12% of Construction Cost) 4473.99
TOTAL PROJECT COST 4W88.44
3) APPORTION11ENT OF SPECIAL ASSESSMENTS
I ! The estimated assessment for turn lane construction shall be apportioned to
Tracts B, D, E, F, and G based upon parcel area. The resultant estimated
assessments are:
Tract Area (Sq. Ft.) Estimated Assessment
B 281,286 $ 17,731.10
Y D 86,798 5,597.46
E 6 90 394 5,698-06
,
F 74 : 200 4,677.26
2 '1
G 1 820 12 6
9, 545
,
TOTAL 727,498 t $.45,858.44
Actual assessments will be based on actual costs incurred by the City in tle
,
completion of the improvement.
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EXHIBIT A -1 r
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EXHIBIT B
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SANITARY SEWER IMPROVEMENTS
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The City of Brooklyn Center shall provide for the installation of sanitary sewer to
serve Tracts B, D, E, and F of the Subdivision. All costs related to the improvement
shall be paid by the Owner by the levy of special assessments against the
Subdivision.
1) DESCRIPTION
sanitary lift station shall be installed in the southwest corner of the
Subdivision. Approximately linear feet of four or six inch diameter
forcemain will connect the lid sfation to the City's gravity sanitary sewer
system located in Freeway Boulevard adjacent to Free Boulevard.
Y dY J �'
Said forcemain shall be installed beneath Shingle rem in accordance with the
provisions of applicable federal, state, and local codes governing such
installations.
Refer to Exhibit B-1 depicting the work comprehended under this section of the
Subdivision Agreement. ,
2) COST ESTIMATE
200 Gallon per minute submersible L.S. 48000-00
Lift Station
Remove Concrete Structure (Curb) 20 L.F. x 2.25 = 45.00
Remove Concrete Structures 40 S.Y. x 3.00 = 120.00
(Curb & Driveway)
Sawcut Bituminous Pavement 150 L.F. x 1.00 = 150.00
D.I.P. Forcemain 560 L.F. x 20.00 = 11200.00
D.I.P. Forcemain (River Crossing 80 L.F. x 45.00 = 3600.00
Pipe)
Connect To Existing Manhole 1 Each x 1000.00 = 1000.00
n
8 Sanitary Sewer 660 L.F. x 15.00 = 9800.00
t 4' Diameter Manhole 1 Each x 1000.00 = 1000.00
B-618 Concrete Curb & Gutter 20 L.F. x 8.50 = 170.00
8 Concrete Driveway Pavement 40 S.Y. x 25.00 = 1000.00
Sod (Including 4 Topsoil) 800 S.Y. x 3_00 = 2400.00
Aggregate Base (Class V) 40 Ton x . 9.00 = 360-
r .. (Freeway Blvd. & Trails)
Bituminous Replacement (2331) 20 Ton x 30.00 = 600.00
(Freeway Blvd.)
Bituminous ( 41 Replacement 2 3 ) 20 Ton x 33.00 = 660.00
p
(Freeway Blvd. & Trails)
SUBTOTAL CONSTRUCTION COST $B0
Contingencies = 13180.75
TOTAL CONSTRUCTION COST $93 385-75
Engineering Costs (C 9% of Construction Cost) - 8404.72
Costs 0 1 of Construction Cost _
Ad ministrative os
denims � ) 933 .86
Legal Costs (V 1% of Construction Cost) - 933.86
Capitalized Interest (G 12% Construction Cost) = 11206.29
TOTAL PROJECT COST $11486
3) APPORTIONMENT OF SPECIAL ASSESSr•MNTS
The estimated assessment for sanitary sewer construction shall be
apportioned to Tracts.B, D, E, and F based upon parcel area. The
resultant estimated assessments are:
Tract Area (Sq. Ft.) Estimated Assessments
B 281,286 , $ 60,428.46
D 88,798 19,076.41
E 90,394 19,419.28
F 74, 15,940.33
TOTAL 534,678 $114,864.48
Actual assessments will be based upon actual costs incurred by the City in the
l completion of the improvement.
•
,' PROroaee
NAA/AOA MOTEL SIM
� . avemvnloR
PROPOSED UPT STATION
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PREtwn ewo i • • f6w' e{ve• .T�'
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PpOMEo PDRCEMAIN {.
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cij N NE CT' TO EXISTING MANMOIE , ,:. �... EXHIBIT B — t tid�F
E3MBIT C
SU EARY OF LEVIED SPECIAL ASSESSMTS ON TRACT D, RLS No. 1564
Payment Due With
Original Principal Balance Property Taxes
Amount After 1983 Tax Payment Pgyable in 1983
$324,443.90 $211,342.46 $21,610.51
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EXHIBIT D
SUMMARY OF APPORTIONIUNT OF SPECIAL ASSESS
\TOTAL OF ASSESSMTS CURMTLY
BEING PAID WITH TAXES
Prinicpal
Balance After
Proposed Existing Original Amount 1983 Tax Payment
Tract A 25.5 of Tract D, $81,578.29 $54,954.88
Registered Land Survey
No. 1564 and 13.97
of the apportioned
}
share of proposed Tract C
Tract B 26.6% of Tract D, $97,436.33 $64,842.64
R.L.S. 1564 and 72.06
of the apportioned share
of proposed Tract C
Tract C 5.54 of Tract D, $ 0.00 $ 0.00
R.L.S. 1564 to be
apportioned to proposed
Tract A, B, and G as
herein provided
Tract D 8.42% of Tract D, $26,975.07 $17,384.56
R.L.S. 1564
Tract E 8.57% of Tract D, $30,760.33 $18,241.59 ,
R.L.S. 1564
Tract F 7.03 of Tract D, $22,701.95 $14,030.92
R.L.S. 1564
Tract G 18.28% of Tract D, $64,991.93 $41,887.87
R.L.S. 1564 and 13.97
of the apportioned share
of proposed Tract C.
$324,443.90 $211,342.46
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ECHIBIT E
FUTURE UTILITY CONNECTIONS AND HOOKUP CHARGES
' A. Responsibility for Utility Service Connections
It is the responsibility of the Owner to install all water and sanitary sewer
laterals and service connections as may be required to provide service to any
portion of the Subdivision.
B. Hookup Charges
} 1. There will be no hookup charge for sanitary sewer service other than the
"SAC" charges as described in Exhibit I.
2. As provided in a previous Subdivision Agreement, dated July 22, 1983, the
resultant Tract D, Registered Land Survey No. 1564 is subject to a water
hookup charge. The total area subject to hookup charge is 811,327 feet and
consists of all that land within the Subdivision lying beyond a 135 foot
depth abutting Shingle Creek Parkway and Freeway Boulevard.
The 1983 hookup charge rate is $7.40 per 100 square feet and is subject to an
annual adjustment as determined by the City Council, based on the Consumer
t Price Index. The actual rate used to determine the assessment shall be
that in effect when a utility permit is issued for connection to the
municpal water system.
1 The estimated assessment based on the 1983 hookup charge rate is:
Assessable
Proposed Existing Area (S.F.) Assessment
Tract A 25.50% of Tract D, 273,920 $ 20,270.08
Registered Land Survey
No. 1564 and 13.97%
of the apportioned share
of proposed Tract C
Tract B 26.67% of Tract D, 2731732 $ 20,256.17
R.L.S. 1564 and 72.06
of the apportioned share
of proposed Tract C
Tract C 5.54% of Tract D, 0 0.00
R.L.S. 1564 to be
apportioned to proposed
Tracts A, B, and G and
herein provided
Tract D 8.42% of Tract D, 63,641 $ 4,709.43
R.L.S. 1564
t
Tract E 8.57% of Tract D, 26,835 $ .1,985-79
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R.L.S. 1564
Tract F 7.03% of Tract D, 43,879: $ 3,247.05
R.L.S. 1564 i
Tract G 18.28% of Tract D, 129.320 $ 9,569.68
R.L.S. 1564 and 13.97
of the apportioned share
of proposed Tract C
TOTAL 1 811,327 $ 60,038.20
Upon issuance of utility permits for connection of the various Tracts of the
Subdivision to the municipal water system, the water hookup charges shall be levied
as special assessments against the Tracts, for such period and at such interest rate
as the City Council may determine when levies are adopted.
The Owner agrees to the assessment of the water hookup charges as set forth above.
EXHIBIT E
' DECLARATION OF COVINANTS, A21D CONSTRUCTION AGRFTM - T
FOR A TRAFFIC CONTROL SIGNAL
THIS DECLARATION and Agreement is made by and between the
City, as hereinafter defined, and a
and a
hereinafter called the Owner,
on the date hereinafter set forth: This Declaration and Agreement may
be filed by the City with the Hennepin County Registrar of Titles,
provided that such filing shall occur no sooner than 90 days from the
date of execution of this agreement by all parties.
DIEPINITIONS
1. The Subdivision. The subdivison of Tract D, Registered Iend Survey No. 1564
Into Tracts t rough G of Registered hand Survey No. in accordance with
L Planning Commission Application No. 83046.
2. The Parkway Shingle Creek Parkway, a Municipal State Aid Street abutting the
Subdivision and having its southerly terminus at Hennepin County Road No. 10 and
its northerly terminus at 69th Avenue North.
3. The City. The City of Brooklyn Center, a Minnesota municipal corporation.
4. The Owner. One or more persons or entities, holding a fee simple interest in
We Rbdivision, or holding the vendees interest in a contract for deed on the
Subdivision, which interest has been recorded in the office of the County
Recorder, Hennepin County.
5• Traffic Control Signal A semaphore including al app and apparatus
necessary for operation designed in accordance with the terms of this
agreement.
PURPOSE
I. The Owner. The Owner desires approval by the City of its plat of the
�Ei dIvi on, including ingress and egress to the Parkway, with the intention
and purpose of developing the Subdivision by construction of a
commercial /industrial center, said construction eventually resulting in a
substantial increase in vehicular and pedestrian traffic in and to the
Subdivision.
1
2. The Cites. The City, in approving a plat for the Subdivision desires to make
provision for the installation, at an appropriate time in the future, of a
'. Traffic Control Signal to regulate ingress and egress of vehicular and
pedestrian traffic to the Subdivision from the Parkway.
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3. Declaration and A r eeeentt The Owner hereby declares and the City hereby
aerees't tTe :,ub ivision shall be held, sold and conveyed subject to the
following covenantc, conditions, agreements and restrictions which are for the
purpose of providing ingress and egress to the Subdivision, and which ,hall run
with the land described as the Subdivision, and which shall be binding on all
parties having any right, title or interest in the Subdivision, or any part
thereof, their heirs., successors and acsigns, and which shall inure to the
benefit of the Owner thereof and to the benefit of the City. In furtherance of
said covenants, conditions, agreements and restrictions, the Owner and the City
make the following agreements.
CONSTRUCTION AD MAINTINANCE
1. Construction The Owner shall construct a Traffic Control Signal controlling
ingress and egress to the Subdivision, to and from the Subdivision at a location
to be determined by the City. The timing, nature, design, plans,
specifications, construction procedures, contract documents, and all other
details of the said construction shall be subject to the approval of the City.
In the event that the City deems the Owner to be unwilling or unable to construct
the traffic control signal at the time deemed appropriate in accordance
herewith, the City shall have the option of undertaking and completing the said
construction without interference with the Owner.
2. Timing. Construction of the Traffic Control Signal shall be completed on or
eF fore January 1, 1994, provided however, that in the event the City.in the
reasonable exercise of its discretion, based upon sound traffic engineering
principles, determines that construction of the Traffic Control Signal is
reasonably necessary or convenient prior to that date, the Owner agrees to the -
acceleration of all relevant provisions of this agreement as are required to
implement the agreement within the time schedule determined by the City. In
the event that the City, in the reasonable exercise of its discretion, based
upon sound traffic engineering principles, determines that construction of the
Traffic Control Signal al is not necessary or convenient prior to January 1 1
€n ary P �'y � 994,
then and in that event, this agreement shall be null and void.
3• Maintenance. Upon construction of the traffic Control Signal, and subject to
ti�Fe financing provisions herein, the Owner shall bear no further right of
responsibility whatever for the Traffic Control Signal, including, without
limitation, the repair, maintenance, reconstruction, relocations, continued
use, or control of the Traffic Control Signal or its operation shall be
transferred to the City.
PINANCING
I. Cash Payment. All costs of construction, including design, engineering and
p ct o s shall be borne by the Owner and the Owner hereby agrees to indemnify
and hold the City harmless from any such costs. In the event that the City
exercises its option to construct the Traffic Control Signal, the Owner, upon
final approval of the plans and specifications for the Traffic Control Signal by
the City, shall deposit one hundred per cent (10%,) of the estimated cost
thereof, together with fifteen per cent (15 %) for administrative and inspection
costs, in an escrow account subject to an appropriate escrow agreement which
governs the release, by the City, of such funds, to the City, laborers,
► ' subcontractors, contractors, material men, and others to whom the City may
become indebted by reason of the City construction of the Traffic Control
i Signal. Any excess remaining in the escrow account after completion of the
project and payment of all cost shall be returned to the Owner. Any deficiency
in the escrow account remaining after construction and payment of all costs
shall be promptly paid by the Owner to the City`within thirty (30) days after
. notice thereof.
2. Paymentby Special Assessment. In the event the Owner is unable or unwilling to
pay a cost ---
pay by establishment of the escrow account, the City
may assess the said costs against the Subdivision in accordance with Chapter 429
of Minnesota Statutes and its successors. The said costs shall be payable
under Chapter 429 with appropriate interest payments over a period of not to
exceed ten (10) years.
2a. Wai The owner waives notice of hearing on the
improvement, waives notice of notice of the assessment, and
waiver all other notices and rights, whether legal, equitable
or constitutional, which -might impair the validity of the
assessment. The Owner hereby petitions for the installation
of the improvement, said petition to be operative in the event
that special assessments are contemplated by the City for the
financing of the improvement.
2b._ Acknowled eirent of Penefit. The Owner acknowledges that the
a'Tway benefits the bu division and that as traffic volumes
on the Parkway and in and to the Subdivision increase, the
Subdivision will benefit from the installation of the Traffic
Control Signal, such benefit being equal to or greater than
the cost of materials and labor necessary to construct the
traffic control signal..
2e. Pending Special Assessments. The City shall prepare a
Curren es ima e of the construction costs of the Traffic
Control Signal, based upon 1983 costs and shall prepare an
estimate thereof each year thereafter and notify the Ow=ner of
the amount of such estimate. The City I s estimate, each year,
shall be carried on the books of the City's Special Assessment
Clerk as a Pending Special Assessment.
IN WITNESS WHERM, the parties have hereunto set their hands this
i day of . 1983.
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EXHIBIT G
WATr.R AND SEWER MATw AND PIR HYDRANT
ti Atli) i.Nf;i'I c:'rI
THIS EASEMENT/AGREEMENT is entered into this day -c&
19 , between the City of Brooklyn.< titer,
a mime p 1 corporation under the laws of Minnesota, hereinnj-r or
referred to as the "City ", and
a corporation under thc, r .:aaus
of State of Minnesota, its successors and assigns, here
inafter referred to as the "Owner ". It is intended that tbh: :'trm
"Owner" shall apply to subsequent or part owners.
WHEREAS, thc•O:vner holds title to certain property witi - the
City of Brooklyn Center, County of Hennepin, described as:;
WHEREAS, the above described property is served by the qty
sanitary sewer, storm drainage and water systems and the cmwztion
thereto is made through lateral mains and drainage ways corms:ticted
upon property; and
on said
P private
. � r fault operation of sa _�teral
WHER because damage too Y P
mains and drainage: ways constructed on private property coulls-
result in loss of water, contamination, loss of pressure, irnda
tration, flooding, or other damage to the City systems or oit#
properties, it is necessary that the City have control overr:tsl
i
ac cess to said mains and drainage ways for the purposes of site -
nance, inspection, and repair;
THEREFORE, IT IS AGREED between the parties hereto:
1. The City shall have access to said lateral mains',
drainage ways and to the accessories connected thcemto
for the purposes of inspection, repair and mainternrce
whenever the Director of Public Works in the exerrese
of reasonable discretion shall determine thatrsuc3b;ccess
is necessary;
2. Whenever inspection, repairs, or maintenance are: rssary,
the City may, upon request of the Owner or after: rasonable
notice to the Owner, under the circumstances, onl i.3.
r , own volition, perform such work as is necessary tok:
all reimburse the City for the cost_ coEikbor,
the Owner sh Y
.
materials and equipment used in the work p lus a ±ted
% id costs as rre~
charge a of fort per cent (400) of said 9 Y P
imbursement for the proportionate cost of insura�cW, —,.,
PERA contributions, vacations, sick leave, cleri. --Q.
and other miscellaneous costs.
3. The Owner agrees to indemnify and hold the City IhMess
from any claim for damages or other relief arisi.zng
out of or in connection with any work done by thea_3xy
on said lateral mains and drainage ways and the args
sories connected thereto, unless arising out of t
negligence or wrongful act of the City or its agE--tA
Q,• The Owners hereby convey to the City, its succes .sns and
assigns, an easement for the purposes hereinabovr -at
forth, over, under and across that tract of land 1weizL
above described. .
1
IN TESTIMONY WHEREOF, the Owner has caused these presew to
i be executed the day and year first above written.
4
Name o Corporation
By.
Its
By:
Its
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
On this day of , 19 -, before me
appeared
EXHIBIT H
DEPARTMUT OF PLANNING AND INSPEC`iION
CITY OF EROOKU N CENTER
PERFORMANCE AGREEMEN
File No.
This Agreement is enteredrnto by hereinafter
Called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws
of the State of Minnesota, hereafter called the City.
THE WORK
The Developer has received approval of its Development Plans by the City Council of the
City (pursuant to City Ordinances), subject to the execution of this Performance Agreement,
pursuant to the City Council approval of and in accordance with said
Development Plans all of which are made a part hereof by reference. In consideration of such
approval, the Developer, its successors and assigns,.does covenant and agree to perform the
work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set
forth, upon the real estate described as follows:
The Work shall consist of the improvements described in the Development Plans, in the
aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance
i
with all applicable Statutes, Codes and Ordinances of the City.
COMPLETION DATE
The undersigned Developer agrees that the said Work shall be completed in its entirety
on or before the day of 19 and no extension of time shall be valid un-
less the same shall be approved in writing by the City Manager. Said extension of time shall
be valid whether approved by the City Manager before or after the completion date and failure
of the City to extend the time for completion or to exercise other remedies hereunder shall
in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time
actually granted by the City Manager work any forfeiture of the City's rights hereunder. It
shall be the duty of the Developer to notify the City of completion of the Work at least 10
days prior to the Completion Date and to call for final inspection by employees of the City.
MAINTENANC
The Performance Agreement, in its entirety, shall remain in full force and effect for a
period of one year after actual completion of the Work to determine that the useful life e s
all Work performed hereunder meets the average standard for the particular industry, profession,
or material used in the performance of the work. Any work not meeting such standard shall not
be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the
Developer by the Director of Planning and Inspection of the City.
FINANCIAL GUARANTEE
The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash
escrow, a bond issued by an approved corporate surety licensed to do business in the State of
Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved
by the City Managerof the City, in the amount of S Such Financial Guarantee shall
- continue in full force and effect until the City Council shall have by motion approved and
accepted all of the Work undertaken to be done, and shall thereby have released the Surety
and /or Developer from any further liability; provided however, that the City Council may by
motion reduce the amount of the Financial Guarantee upon partial completion of the work, as
certified by the City Manager. Such Financial Guarantee shall be conditioned upon the .full
and faithful performance of all elements of this Agreement and upon compliance with all
applicable Statutes, Codes, and Ordinances of the City, and shall further be'subject to the
following provisions which shall be deemed to be incorporated in such Financial Guarantee and
made a part thereof.
NOTICE
The City shall be required to give prior notice to the corporate surety and the Developer
of any default hereunder before proceeding to enforce such Financial Guarantee or before the
City undertakes any work for which the City will be reimbursed through the Financial Guarantee.
Within 10 days after such notice to it, the surety shall notify the City in writing of its in-
tention to enforce any rights it might have under this Performance Agreement or any Performance
Bond by stating in writing the manner in which the default will be cured and the time within
which such default will be cured, said time not to exceed 60 days unless approved by the City.
REMEDIES FOR BREACH
At any time after the Completion date and any extensions thereof, or during the MaintenarY
Period, if any of the work is deemed incomplete, the City Council may proceed in any one or r, -
of the following ways to enforce the undertakin(rs herein set forth, and to collect any and all -
overhead expenses incurred by the City in connection therewith, including but not limited to
engineering, legal, planning and litigation expenses, but- the enumeration of the remedies here-
under shall be in addition to any'other remedies available to the City.
1) Com pleti o n by the City The City, after.notice, may proceed to have the Work
done either by contract, by day labor, or by regular City forces, and neither
+' the Developer nor the Corporate Surety may question the manner of doing such
work or the letting of any such contracts for the doing of any such contracts
for the doing of such work. Upon completion of such Work the Surety and /or the
• Developer shall promptly pay the City the full cost thereof as aforesaid. In
the eventthat the Financial Guarantee is in the form of a Performance Bond, it
shall be no defense by the Surety that the City has not first made demand upon
the Developer, nor pursued its rights against the Developer.
2) Specific Performance. The City may in writing direct the Surety or the Developer
to cause the Work to be undertaken and completed within a specified reasonable
time. If the Surety and /or the Developer fails to cause the Work to be done
and completed in a manner and time acceptable to the City, the City may proceed
in an action for Specific Performance to require such work to be undertaken.
j 3) Deposit of Finacial* Guarantee. In the event that the Financial Guarantee has
een submitted in the form of a Performance Bond, the City may demand,that the
Surety deposit with the City a sum equal to the estimated cost of completing
the work, plus the City's estimated overhead expenses as defined herein, in-
cluding any other costs and damages for which the Surety may be liable hereunder,
but not exceeding the amount set forth on the face of the Performance Bond,
which money shall be deemed to be held by the City for the purpose of reimbursing
the City for any costs incurred in completing the Work as hereinbefore specified,
and the balance shall be returned to the Surety. This money shall be deposited
_ with the City within 10 days after written demand therefor, and if the Surety
fails to make the required deposit within 10 days, the City shall have the right
to proceed against the Surety with whatever legal action is required to obtain
the deposit of such sum.
4) Funds on Deposit In the event that the Financial Guarantee is in the form of
j cash, certified check, or other arrangement making the Financial Guarantee im-
mediately accessible to the City, the City may, after notice to the Developer,
deposit the Financial Guarantee in its General Account. The City may then pro-
ceed to complete the Work, reimburse itself for the cost of completion as de-
fined hereunder, and return the balance to the Developer.
PROCEDURES
A copy of this Performance Agreement shall be attached to the Corporate Surety Bond,
i if any, and reference to this Performance Agreement: shall be made in any such bond, but no
corporate surety shall assert as a defense to performance hereunder, any lack of reference
in the bond to this Performance Agreement.
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The original and two copies of this Agreement, properly executed, together with the
appropriate Financial Guarantee shall be submitted to the City.
•IN WETNESS WHEREOF, the Developer and the City have executed this Agreement this
day of 19
Witness
Witness `
j Subscribed and sworn to before me this
day of 19
Zoning Official
EXHIBIT I
SERVICE AVAILABILITY CHARGE
The Service Availability Charge (SAC) shall be levied against the parcel
at the time a building permit is issued. The SAC charge is a one time charge to pay
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the Metropolitan Waste Control Commission for the debt service on reserve, or unused
"
capacity available for future wastewater flow to the area's interceptors and
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treatment plant in accordance with the provisions of Subdivision 3 and 4 of
Minnesota Statutes 473C.06.
i Information taken from submitted building plans and appropriate related
data shall be used in the determination of the number of SAC units attributed to each
structure (in accordance with guidelines established by the Metropolitan Waste
Control Commission). A SAC unit has been determined to equal Z74 gallons of daily
sewage volume, and the charge of 1983 is $425 per unit.
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RECztSTERGD I,ANO SURVEY - NO.
Nemm N COUNTY, MINNESOTA
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p� too 200 l .400
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fi7 �z s .nt�+5244t" i.1 N ra
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�,�n ,5tiot�,, o,Q o� � "• .EXHIBIT J
. • �Qnol¢5 iron lnonu►�cn� morl:�rl � '
Minnowla Liceq-w No. 10946
SePTcM FMW \ 1983 _
a
SHIN
GLC
CENT PAR KIKG
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BARKING SPACE ASSIGNMENT
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t TO S9EG 10 AND 551G 59EC ED 11
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SITE FOR FUTURE SPEC- 12
SPEC. 14
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-- - S0 SPACES D SPEC E TO
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4
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Gary Shallcross, Planning Assistant
DATE: September 29, 1983
SUBJECT: Performance Guarantees
The following performance guarantees are recommended for reduction::
1. Showbiz Pizza
5939 John Martin Drive
Planning Commission Application No. 81053
Amount of Guarantee - $30,000 bond
Obligor - Showbiz Pizza
All paving, curb and gutter, and most landscaping is in. Some flowers
have not been planted around the building and some shrubs have only
recently been installed. Recommend reducing bond from $30,000 to $5,000
until next summer.
2. Hi Crest Square Estates
Fremont Place
Planning Application No. 82023
Amount of Guarantee - $75,000 letter of credit
Obligor - Bergstrom Realty
All site utilities, paving, curb and gutter and some driveways are
installed. No trees have been planted and most site landscaping has not ;
been done. The fence along the west side of the project has not been
erected. There is some concern that some paving may break up next year.
Recommend reducing letter of credit from $75,000 to $45,000.
� ?ZV Approved y
Ronald A. Warren, Director of Planning and Inspection
MEMORANDUM
TO: Gerald G. Splinter, City Manager /
FROM: Tom Bublitz, Administrative Assistant/ +�
L i
DATE: October 3, 1983
SUBJECT: Appointment of Additional Standby Judges for 1983 Election
Since the Council appointment of Election Judges at the September 26, 1983
City Council meeting, two of the appointed Judges have indicated that they
will not be able to serve in the November election.
I would recommend that the City. Council at the October 3 1983 meeting appoint
the following Judges as additional standby judges for the 1983 .municipal
election: Arlene Kemp IR, Margaret Stellburg DFL.
As required by State Statute Election Judges are required to specify their
party affiliation.
f
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
4 RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT
1983 -E (BROOKWOOD DEVELOPMENT PROJECT NOS. 1983 -04 AND
1983 -05 AND SIDEWALK IMPROVEMENT PROJECT NO. 1983 -06)
WHEREAS, pursuant to written Contract 1983 -E signed with the City
of Brooklyn Center, Minnesota, Orfei and Sons, Inc. has satisfactorily
completed the following improvements in accordance with said contract:
BROOKWOOD DEVELOPMENT IMPROVEMENT PROJECTS NOS. 1983 -04, 1983 -05
SIDEWALK IMPROVEMENT PROJECT NO. 1983-06
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract is accepted and approved
according to the following schedule:
BROOKWOOD DEVELOPMENT IMPROVEMENT PROJECT NO. 1983-04
Previously
Approved Final Amount
Original Contract $ 98,429.31 $101,284.92
r' Change Order No. 1 1,815.56 1,815.56
TOTAL $100,244.87 $103,100.48
BROOKWOOD DEVELOPMENT IMPROVEMENT PROJECT NO. 1983 -05
Original Contract $162,140.06 $165,435.80
SIDEWALK IMPROVEMENT PROJECT NO. 1983 -06
Original Contract $ 12,558.00 $ 12,135.72
2. The value of work performed is more than the sum of the original
contract and change order by $5,729.07 due to a general under-
estimation of planned quantities.
3. It is hereby directed that final payment be made on said contract,
taking the Contractor's receipt in full. The total amount to be
paid for said improvement under said contract shall be $280,672.00.
k
}
Date Mayor
}
ATTEST:
Clerk '
)
RESOLUTION NO.
a
f
't The motion for the adoption of the foregoing resolution was duly seconded by k
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 gassed and adopted.
i
q
O
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -G:
( BROOKDALE TRAILWAY IMPROVEMENT PROJECT NO. 1983 -08)
WHEREAS, pursuant to written Contract 1983 -G signed with the City of
Brooklyn Center, Minnesota, Thomas & Sons Construction, Inc. has satisfactorily
completed the following improvement in accordance with said contract:
BROOKDALE TRAILWAY IMPROVEMENT PROJECT NO. 1983 -08
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that
1. The work completed under said contract and change order is
accepted and approved according to the following schedule:
Previously Final
Approved Amount
Original Award $32,691:.50 $31,636.99
Change Order No. 1 490.00 490. 00
TOTAL $33,181.50 $32,126.99
2. The value of work performed is less than the sum of the original
contract and change order by $1,054.51 due to a general overestima-
tion of planned quantities.
3. It is hereby directed that final payment be made on said contract,
taking the Contractor's receipt in full. The total amount to be
paid for said improvement under said contract shall be $32,126.99.
Date Mayor
ATTEST:
Clerk
l
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: f !
whereupon said resolution was declared duly passed and adopted.
14
U
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -K
(FUEL DISPENSING CONTROL SYSTEM PROJECT NO. 1982 -23)
WHEREAS, pursuant to written Contract 1982 -K signed with the
City of Brooklyn Center, Minnesota, Northwest Service Station Equipment
Company has satisfactorily completed the following improvement in accordance
with said contract:
FUEL DISPENSING CONTROL SYSTEM PROJECT NO. 1982 -23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract is accepted and approved.
Previously Approved Final Amount
Original Award $ 12,698.00 $ 12,698.00
2. The value of work performed is equal to the original contract
amount.
3. It is hereby directed that final payment be made on said contract,
taking the Contractor's receipt in full. The total amount to be
paid for said improvement under said contract shall be $12,698.00.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
YJ
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -L
(CENTRAL PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1983 -12,
PHASE I)
WHEREAS, pursuant to an advertisement for bids for Improvement Project
No. 1983. -12, Phase I, bids were ,received, opened, and tabulated by the City
Clerk and City Engineer, on the 29th day of September, 1983. Said bids were
as follows:
Bidder Bid Amount
Gammon Brothers Contracting $69,498.15
Julian M. Johnson Construction Corp.
$72,594.00*
Thomas & Sons Construction, Inc. $76,056.50
Veit & Company, Inc. $82,279.00
Central Landscaping, Inc. $84,346.50
Park Construction Company $96,578.00
C.S. McCrossan, Inc. $102,356.00*
*Denotes corrected bid total
WHEREAS, it appears that Gammon Brothers Contracting of Rogers,
Minnesota, is the lowest responsible bidder.
,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota:
1. The Mayor and City Manager are hereby authorized and directed to
enter into the attached contract, in the amount of $69,498.15,
with Gammon Brothers Contracting of Rogers, Minnesota in the name
of the City of Brooklyn Center, for Improvement Project No.
1983 -12, Phase I according to the plans and specifications therefor
approved by the City Council and on file in the office of the
City Clerk.
e n forth-
. return 'zed and direct ed to r
2. The City Clerk is hereby authroi
Y Y
with their bids except
t
with to all bidders the deposits made w , p
P
that the deposit of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed.
BE IT FURTHER RESOLVED that:
1. The estimated total cost of Improvement Project No. 1983 -12, Phase I
is hereby
e following in schedule:
amended according to th 1
g g
As A22roved As Bid
Contract $93,380.00 $69,498.15
Engineering 8,400.00 6,254.83
Administration 930.00 694.98
TOTAL $102,710.00 $76,447.96
RESOLUTION N0.
s
Date Mayor
3
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
1.
f
CITY
OF 6301 SHINGLE CREEK PARKWAY
B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440
EMERGENCY-POLICE-FIRE
ENTER
911
TO: Gerald G. Splinter, City Manager
FROM: S y Kn Director of Public Works
DATE: September 30, 1983
RE: Evaluation of Bids Received for Contract 1983 -L
Bids were received and opened on September 29, 1983, for the soil correction
phase of the Central Park tennis court improvements. Upon review of the proposals,
it has been determined that the lowest responsible bids was - submitted by
Gammon Brothers Contracting. Gammon Brothers is a recently formed construction
company, its principal officers being former employees of U.D. Contracting.
Contract 1983 -L will be the first municipal contract for which the firm will
be general contractor. Previously,. Gammon Brothers has been employed as a
subcontractor on various municipal and private projects. following is a brief
summary of interview responses provided by the references.
City of Coon Rapids (Doug Bierzba - Assistant City Engineer
Gammon Brothers has worked as a subcontractor on 2 municipal projects plus
- various private projects in .1983. The work involved subgrade excavation and
backfill and grading, and was completed in a timely, responsible manner.
Hardrives, Inc. (Steve Hall - Project Manager
Gammon Brothers recently completed a municipal roadway project. The work included
soil correction of a similar nature to Project 1983 -12 in that approximately
7,000 —8,000 cubic yards of material was removed and replaced with imported
material.
City of Plymouth (Dick Poulit, Engineering Project Coordinator
Mike Gammon, president of the firm, worked on many projects for the City as
an employee of U.D. Contracting. Mike supervised the construction of holding
ponds in 1981 and 1982 for the City. His crews did satisfactory work and Mike
�y was found to be very cooperative. Mike also supervised work for private
individuals or firms in 1980, said work requiring significant soil corrections
of a xcope much more complex than the proposed project. The work was completed
in an orderly fashion under his supervision,
I
•, '7lce Soketlrtcg �l one � ••
September 30, 1983 - G.G. Splinter
Page 2
Recommendation -
Based upon the references provided, the staff considers Gammon Brothers
Contracting to be a responsible contractor. Staff has held discussions with
the contractor regarding ability to secure necessary bonds, and we have been
assured that the firm will have no problem securing the bonds (a certified
check was submitted in lieu of a bid bond).
Based upon the information provided, staff recommends the City Council accept
the proposal of Gammon Brothers Contracting. A resolution for this purpose is
provided for consideration by the City Council.
Summary of Total Project Costs
Based upon costs outlined on the attached resolution providing for soil
corrections and an estimate of the cost of completing the surfacing and
fencing in 1984, the total project cost is estimated as follows:
Soil Correction Surfacing /Fencing Total
Contract $ 69,500 $ 49,180.00 $118,680.00
Overhead 6,950 4,920.00 11,870.00
TOTAL $ 76,450 $ 54,100.00 $130,550.00
Respectfully submitted,
SK:jn
!Y
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
f i RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1982 -Q
t J (WATER SUPPLY WELL NO. 9 IMPROVEMENT PROJECT NO. 1982 -30)
WHEREAS, the City Council entered into Contract 1982 -Q with ABE
Construction Company, Inc., for the construction of Improvement Project No.
1982 -30, and
WHEREAS, the City Engineer has determined that certain modifications
be made to the contract to facilitate the construction of the project, said
modification being as follows;
Construction of a 72 inch manhole over an existing 16 inch valve
in the City's water transmission main system to facilitate access
for system maintenance. The cost for said work shall be $3,991.00.
WHEREAS, the Contractor, ABE Construction Company, Inc., has agreed
to the prices for the modification as noted above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that the above modification to Improvement Project
No. 1982 -30 is approved.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn
Center, Minnesota, that:
1. There is appropriated from the Public Utility Fund the sum of
Y
$3,991.00 for the additional costs.
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
a
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
f
f
a
CITY
OF 6301 SHINGLE CREEK PARKWAY
f LYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
ENTER EMERGENCY POLICE - FIRE
911
TO: Gerald G. Splinter, City Manager
FROM: Sy Knapp, Director of Public Works
DATE: September 30, 1983
RE: Change Order No. 1 to Contract 1982 -Q (Water Supply Well No. 9
Improvement Project No. 1982 -30)
Attached herewith is a proposed resolution providing for the construction of .
a 72 inch valve manhole over an existing 16 inch valve located in the City's
water transmission main in Camden Avenue. The valve location is adjacent to
the connection of the Well No. 9 discharge pipe to the City's system.
Installation of the manhole will facilitate access to this 16 inch valve ie.
the valve can be inspected and repaired inside the manhole instead of excavating
an access hole in the street. Our Public Utility Supervisor advises that this
valve has - been excavated at least once for the purpose of repair. Each such
excavation and street repair is estimated to cost approximately $2,000. In
addition, considerable time may be saved in emergency conditions when the valve
is located in a manhole.
Current design policy provides for placement of manholes over all valves, 12
inch or larger in size. However, our construction plans for this project did
not provide for placement of a manhole over this particular existing valve
because the plans contemplated making the connection about 30 feet away from
that valve and that the street in the area adjacent to the valve would be
left undisturbed. However, during construction it became necessary to change
the location of the connection (because the actual configuration of inplace
facilities was somewhat different than shown on old "as- built" plans) to a
location nearer the valve - thereby requiring that the street surface adjacent
to the valve be disturbed. Since the street was now being disturbed anyhow, we
decided that this was an opportune time to install the manhole.
As provided in the resolution, the cost of the work is $3,991.00. Staff considers'
the cost to be fair compensation for the work involved, and recommends City
Council approve of the resolution.
Respectfu)ly submitted,
I,
SK:jn
.,,7le .So•'cet n ow �"
MN /DOT 21840 (8.77)
Sheet 1 of 1
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
CHANGE ORDER 1
Contractor Construction Company Inc. MAX City Project No. 1982-30
Address P.O. Box 41155. Plymouths MN 55441 F. P. No.
Job Location Well No. 9 Camden & 72nd Avenues No. Contract No, 1982 -Q
In accordance with the terms of this Corr- tract, you are hereby outhori zed and instructed to perform the Work as
altered by the following provisions:
The Contractor shall furnish and install a 72 inch manhole at the location of the
existing 16 inch valve in the transmission main. In addition., the Contractor shall
install said main within said manhole. Payment for the work at the unit price
listed shall be compensation in full for all labor, equipment, and material necessary
to provide the desired installation complete in place.
ESTIMATED CHANGE IN COST
ITEM NO. ITEM NAME UNIT QUANTITY CONTRACT AMOUNT
UNIT PRICE'
1 F & I 72" manhole and 16" valve L.S. 1 $3991.00 $3,991.00
within manhole
TOTAL $ 3,991.00
CHANGE IN CONTRACT TIME
Issued by
Due to this change the Contract Time; XX*XXX *)XRXiX *X Mayor D
o, is increased ( ) b Working ( ) days.
decreased ( ) y Calendar ( ) Approved by
b. is not changed W. WXRPXXcXcX City Manager Dote
c. may be revised if the work
ffected the controlling operation ( ).
Accepted by
Contractor's Authorised Representative Date
Original to Contractor
Copy to Contr. Admin. Engr. — Salmon
Copy to Engineer — Pink
Copy to Dist. Director — Green
Copy to Materiais Office — Goldenrod
Refer to Const. Manual 5- 591.200 & .367
DEPARTMENT
CITY,
O
OF
F
ROOKLYN
FINANCE
C ENTE MEMORANDUM
TO: MAYOR AND CITY COUNCIL
CITY MANAGER
FROM: DIRECTOR OF FINANCE
DATE: SEPTEMBER 28, 1983
SUBJECT:, ADOPTION OF THE 1984 CITY BUDGET
The City Council, on October 3rd, will be asked to adopt a RESOLUTION TO ADOPT
THE 1984 BUDGET and a RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1984 BUDGET
APPROPRIATIONS. Copies of the resolutions are attached.
Certain changes were made to the Budget from the time that the Budget was first
proposed by the City Manager and agreement was reached on September 26th on the
final budget to be adopted by the City Council. A summary of those changes follows:
ESTIMATED REVENUE CHANGES:
Originally Proposed $ 6911189
Additions 0
Deletions:
(1) Federal Revenue Sharing, Account No. 3851 $ —25000
(Community Center Boiler Rebuilding Appropriation
was deleted from the Budget, so there will be no
reimbursement from Federal Revenue Sharing)
(2) Ad Valorem Tax Levy, Account No. 3011 -16
(Amount necessary to balance the agreed upon budget)
Total Deletions -25016
Adjusted Estimated Revenue To Be Adopted $ 6886173
(Department of Finance Memorandum dated September 28, 1983 Continued)
APPROPRIATIONS CHANGES:
Originally Proposed $ 6911189
Additions:
(1) COUNCIL, Dues and Subscriptions, Account No. 4413 $ 1718
(Suburban Rate Authority dues added)
(2) ADULT RECREATION PROGRAMS, Account No. 4310 400
(Added appropriation for Senior Citizens Chorus in
Senior Citizens' Program No. 300) '
(3) UNALLOCATED DEPARTMENTAL EXPENSE, Office Furniture
and Equipment, Account No. 4551 3
(Transferred appropriation from Assessor's Office)
Total Additions 5183
Deletions:
(1) ASSESSOR'S OFFICE, Office Furniture and Equipment,
Account No. 4551 $ 3065
(Transferred appropriation to Unallocated Depart —
mental Expense)
(2) GOVEHNMINT BUILDINGS, Buildings, Account No. 4520 -25000
(Deleted Community Center Boiler Rebuilding per City
Manager's recommendation)
(3) PLANNING AND INSPECTION DEPARTMENT,
Salaries, Regular Employees, Account No. 4100 -2022
PERA Combined, Account No. 4142 -112
(To correct error in Proposed Budget)
Total Deletions —30199
Adjusted Appropriations To Be Adopted $ 6886173
I have also attached adjusted pages for your Proposed Budget Document. Please
replace existing pages. An Adopted Budget document will be issued when City
employees' salaries are settled. Please continue to use your Proposed Budget
until then. Appropriations and Revenue Estimates were adopted as proposed if not
shown as adjustments above.
Respectfully submitted,
Paul W. Holmlund
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION TO ADOPT THE 1984 BUDGET
BE IT RESOLVED by the City Council of the City of Brooklyn Center that the
appropriations for budgeted funds for the calendar year 1984 shall be:
GENERAL FUND
Unit No. Organizational Unit Amount
11 Council $ 62804
12 Charter Commission 1500
13 City Manager's Office 233951
14 Elections and Voters' Registration 25629
15 Assessing 140323
16 Finance 203583
17 Independent Audit 18000
18 legal Counsel 125605
19 Government Buildings 344690
31 Police Protection 1546729
32 Fire Protection 221534
33 Planning and Inspection 174672
34 Emergency Preparedness 45827
35 Animal Control 22141
41 Engineering 297289
42 Street Construction and Maintenance 594732
43 Vehicle 1 317012
44 Traffic Signs and Signals 43280
45 Street Lighting 123530
46 Weed Control 1500
51 Health Regulation and Inspection 29782
61 Recreation and Parks Administration 207511
62 Adult Recreation Programs 137201
63 Teen Recreation Programs 5145
64 Children's Recreation Programs 41172
65 General Recreation Programs 60714
66 Community Center 360760
69 Parks Maintenance _ 503783
80 Unallocated Departmental Expense 621233
Total General Fund $ 6511632
PARK IMPROVEMENT BONDS OF 1980 REDEMPTION FUND $ 174741
i
1969 BUILDING AND I PROM2 NT BOND REDEMPTION FUND 199800
TOTAL OT ..APPROPRIATIONS FOR BUDGETED FUNDS
$ 6886173;
and
RESOLUTION N0.
BE IT FURTBER RESOLVED by the City Council of the City of Brooklyn Center
that the source of financing the sums appropriated are expected to be:
General Property Taxes $ 3390602
Penalties and Interest on Property Taxes 50000
Business Licenses and Permits 147924
Nonbusiness Licenses and Permits 80500
Intergovernmental Revenue 1977726
General Government Charges for Services 135780
Public Safety Charges for Services 3000
Recreation Fees 511915
Fines and Forfeits 145000
Miscellaneous Revenue 443726
TOTAL ESTIMATED SOURCE OF FINANCING $ 6886173
Date Mayor
ATTESTS
Clerk
The motion of the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor
t ereof
and the following voted against the same:
'whereupon said resolution was declared duly passed and adopted.
s
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1984 BUDGET APPROPRIATIONS
BE IT RESOLVED by the City Council of the City of Brooklyn Center:
1. There is hereby approved for expenditures from general taxes, the
following sums for the purpose indicated:
CITY OPERATION AND ADMINISTRATION $ 2668038
EMPLOYEE I S RETIRIltUPT 348023
$ 3016061
The foregoing does not include levies already certified to the County
Auditor for the payment of outstanding loans, which levies for the year 1984 are
as. follows
PARK IMPROVEP= BONDS OF 1980 REDEMPTIONN $ 174741
1969 BUILDING AND IMPROVEMEI4T BOND REDEMPTION 199800 "
$ 374541
S R THE YEAR 184 FROM GEN TAXES $` 3390602
TOTAL EXPENDITURE FOR 9
2. There is hereby levied upon all taxable property lying within the City
of Brooklyn Center, in addition to all levies heretofore certified to the County
Auditor as indicated in paragraph one hereof, the sum of $3,016,061, and the City
Clerk shall cause a copy of this resolution to be certified to the County Auditor
so that said sum shall be spread upon the tax rolls and will be payable in the year
1984.
Date Mayor
ATTEST:
Clerk
The motion of 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 agains a same:
whereupon said resolution was declared duly passed and adopted.
j CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET _ __ _____
LL
FOR A BUDGETED CITY FUNDS
1984
ADOPTED
SUMMARY OF ESTIMATED REVENUE AND APPROPRIATIONS
ESTIMATED REVENUE:
I. GENERAL `PROPERTY TAXES $ 2565602
II. BUSINESS LICENSES AND PERMITS 147924
III. NON.- BUSINESS LICENSES AND PERMITS 80500
IV. INTERGOVERNMENTAL REVENUE 2802726
V. GENERAL GOVERNMENT CHARGES FOR SERVICES 135780
VI. PUBLIC SAFETY CHARGES FOR SERVICES 3000
VII. RECREATION FEES 511915
VIII. OTHER REVENUE 0
IX. FINES AND FORFEITURES 145000
X. MISCELLANEOUS REVENUE 493726
TOTAL ESTIMATED REVENUE $ 6886173
APPROPRIATIONS:
I. :.GENERAL FUND
A. GENERAL GOV ERNU= $ ' 1156085
B. PUBLIC SAFETY 2010903
C. PUBLIC WORKS 1377343
D. HEALTH AND WELFARE 29782
E. RECREATION 1316286
F. UNALLOCATED DEPARTMENTAL EXPENSE 621233
TOTAL GENERAL FUND $ 6511632
II. DEBT REDEMPTION' FUNDS $ . 3 74541
TOTAL APPROPRIATIONS $ 6886173
-4-
• CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET
FOR ALL BUDGETED CITY FUNDS
984
PROPOSED
RESUME OF REVENUE AIM ESTIMATE REVENUE
9/1/82 9/1/83
Esti— Esti— 1984
1981 1982 mate of mate of Esti—
Account Actual Actual 1983 1 983 mated
Number Revenue Revenue Revenue Revenue Revenue
S . GENERAL PROPERTY TAXES
Ad Valorem Levy 3011 1999273 2182365 2358958 2358958 2565602
Penalties and Interest 3013 35011 49643 50000 50000 50000
Total General Property Taxes 2034284 2232008 2408958 2408958 2615602
II. BUSINESS LICENSES AND PERMITS
Liquor Licenses 3111 62200 120676 85700 95900 95900
Beer Licenses 3112 4221 1350 3755 3120 3120
Garbage— Rubbish Licenses 3113 1290 1280 1300 1220 1220
Taxicab Licenses 3114 50 500 500 500 500
Mechanical Licenses 3115 2251 2772 2200 2500 2500
Food Handling Licenses 3118 11377 12036 11300 14476 11300
Service Station Licenses 3119 1540 1808 1960 1960 1995
Motor Vehicle Dealer's Licenses 3120 922 900 900 900 900
Bowling Alley Licenses 3121 700 460 700 700 700
Bingo Licenses 3122 0 0 0 0 0
Miscellaneous Business Licenses 3124 2158 2203 1350 1350 1350
Miscellaneous Business Permits 3125 224 2865 0 0 0"
Cigarette Licenses 3126 728 936 850 850 900
Swimming Pool Licenses 3127 2869 2719 2685 2880 2550
Sign permits 3128 1218 775 300 1500 1500
Rental Dwelling Licenses 3129 9213 10801 6600 10000 10000
Lodging Establishment Licenses 3130 489 497 489 489 489
Gambling Licenses 3131 490 405 500 500 500
Amusement Licenses 3132 0 9951 0 12500 12500
Total Business Licenses and Permits 101940 171384 121089 151345 147924
III. NONBUSINESS LICENSES AND PERMITS
Dog Licenses and Pound Fees 3150 4285 4220 3500 3500 3500
Building Permits 3151 59788 41396 40000 40000 40000
Mechanical Permits 3152 17121 12174 15000 15000 15000
Sewage and Water Permits 3153 4200 4870 3000 5000 4000
Plumbing Permits 3154 8478 5278 5000 6000 6000
Electrical Permits 3157 11660 9243- 15000 12000 12000
Miscellaneous Nonbusiness Perm. 3162 105 45 .0 0 0
Total Nonbusiness'Licenses & Permits 105637 77226 81500 81500 80500
—7
(ADJUSTED 9/26/83) 9/1/82 g 1 83
-- --- --- - ---= Account 1981 1982 1983 1983 1984
Number Actual Actual Estimate Estimate Estimate
IV. INTERGOVERNMENTAL REVENUE
Federal Civil Defense Reimb. 3312 10063 18610 17212 17212 18510`
Federal Revenue Sharing 3851 371316 307309 278083 278083 272787
State Energy Audit 3340 181 3337 0 2461 0
State Critical Areas Planning 3343 0 3077 0 2057 0
State Shade Tree Grants 3344 3785 0 0 0 0'
State Local Government Aid 3350 1502899 1416015 1447611 1447611 1546155
State Police Pension Aid 3352 75568 79329 68000 68000 74000
State Fire Pension Aid 3354 48648 51740 59000 52000 52000
State Machinery Tax Replacement 3353 925 1357 1000 1000 0
State Homestead Credit 3355 735166 701237 825000 825000 825000
State Reduced Assessment Credit 3356 11581 13442 19000 19000 0
CDBG Fund Administration Charge 3852 0 0 13380 13380 14274
Total Intergovernmental Revenue 2760132 2595453 2728286 2725804 2802726
V. GENERAL GOVERNMENT CHARGES FOR SERVICES
Planning Comm. Applications 3510 3766 3275 3500 3500 3500
Zoning and Special Use Permits 3511 275 506 250 250 250
Sale of Maps and Documents 3512 445 403 500 500 500
Engineering and Clerical Fees 3513 120501 154009 50000 50000 120000
Weed Cutting Charges "3514 1310 407 2000 1000 1000
Filing Fees 3515 30 5 30 30 30
Assessment Searches 3516 2065 2670 2000 2000 2500
Metro Section 8 Inspections 3517 7920 8424 7000 7500 7500
Legal Fees Reimbursed 3518 413 1271 500 1000 500
Shade Tree Administration 3519 1880 2180 0 15 0
IDR Bond Administration 3521 8513 0 0 2000 0
Total Gen. Govt. Charges for Service 147118 173150 65780 67795 135780
VI. PUBLIC SAFETY CHARGES
Fire Alarm Fees 3565 4896 5456 4896 2376 0
Burglar Alarm Fees 3566 1235 5250 1500 2880 0
Towing Charges 3567 703. 445 1000 500 500
Accident Reports 3568 956 1734 1000 1500 1500
Booking Fees 3570 765 438 1000 1000 1000
Total Public Safety Charges 8555 13323 9396 8256 3000
VII. RECREATION FEES
Adult Programs 3580 98874 130263 120863 120863 140263
Teen Programs 3581 3986 3947 4125 4125 4250
Children's Programs `3582 32789 35299 31430 31430 38012
General Programs 3583 42550 37208 31150 31150 37190
Community Center 3584 264440 262483 280965 280965 292200
Total Recreation Fees 442639 469200 468533. 468533 5 11915
VIII. OTHER REVENUE 0 0 0 0 0
.IX. FINES AND FORFEITURES 3610 111597 146204 120000 146618 145000
(ADJUSTED 9/26/83) 9/1/82 9/1/83
---- ------------- Account 1981 1982 1983 1983 1984
Number Actual Actual Estimate Estimate Estimate
X. MISCELIM EOUS REVEEPr3tTE
Interest 3810 185298 168231 100000 100000 150000
Rent, Miscellaneous 3820 9351 8652 2000 2000 2000
Rent, Public Utilities 3821 7000 3333 8000 8000
Administrative Services, P.U. 3825 86096 99814 107269 107269 113702
Admin. Svcs., Liquor Stores 3826 27480 31683 37060 37060 37531
P.U. Sewer Cleaning Reimb. 3827 0 0 24000 24000 30493
Sale /Compensation for Property 3840 0 5920 0 0 0
Liquor Stores Earnings 3850 125000 100000 115000 115000 100000
Contributions 3860 6865 400 0 0 0
Other Revenue 3890 3679 4848 2000 2000 2000
Cash Over/(Short) 3892 51 2 0 —174 0
Refunds and Reimbursements 3950 22434 2509 0 7404 0
General Fund Fund Balance 3960 92342 0 213750 213750 0
Total Miscellaneous Revenue 56 5596 425392 609079 616309 443726
-TOTAL REVENUE 6277498 6303340 6612621 6675118 6886173
—9—
CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET -------------
*Fund: GENERAL Fund No: 01 Organizational
Unit: COUNCIL
Function: GENERAL GOVERNMENT
Activity: LEGISLATIVE Unit No: 11
1984 1984
OBJECT 1981 1982 1983 RE- RECOM-
NO. OBJECT ACTUAL ACTUAL ADOPTED QUESTED IM DED
4130 Salaries, Temporary Employees 16868 16562 23040 23040 23040
4142 PERA - Combined 0 228 228 228 228
4144 Social Security 1156 1110 1544 1613 1613
PERSONAL SERVICES TOTAL 18024 17900 24812 24881 24881
4310 Professional Services 12261 15508 5000 15000 15000
PROFESSIONAL SERVICES TOTAL 12261 15508 5000 15000 15000
4350 Printing 0 0 400 200 200
PRINTING TOTAL 0 0 400 200 200
S 4410 Miscellaneous 13342 D 0 0 0
4413 Dues and Subscriptions (1) 15698 _ 15973 20028 22723 22723
MISCELLANEOUS TOTAL 29040 15973 20028 22723 22723
OPERATING BUDGET SUB - TOTAL 59325 49381 50240 62804 62804
TOTAL, UNIT NO. 11 59325 49381 50240 62804 62804
(1) Membership Dues:
League of Minnesota Cities $ 8450
Association of Metro Cities 3890
IMC Labor Relations Consulting Service Program 3800
Employee Assistance Program 1750
Northwest Human Services 1850
U.S. Conference of Mayors 1265
Suburban Rate Authority 1718
Total Dues and Subscriptions $ 22723
_24_
CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET
*Fund: GENERAL Fund No: 01 Organizational
Unit: ASSESSING DEPARTMENT
Function: GENERAL GOVERNMENT
Activity: FINANCIAL ADMINISTRATION Unit No: 15
1984 1984
OBJECT 1981 1982 1983 RE- RECOM-
NO. OBJECT ACTUAL ACTUAL ADOPTED QUESTED MENDED
4100 Salaries, Regular Employees 82522 77847 90126 94612 94612
4130 Salaries, Temporary Employees 11229 12046 15300 14900 14900
4142 PERA - Combined 5397 4803 5798 6023 6023
4144 Social Security 6345 5848 6860 7666 7666
4151 Hospitalization Insurance 2744 3428 5689 5689 5689
-4152 ` Life Insurance 127 112 61 61 61
PERSONAL SERVICES TOTAL 108364 104084 123834 128551 128951
4210 Office Supplies 62 142 200 300 300
4212 Printed Forms 985 366 1250 1500 1500
4220 Operating Supplies, General 693 484 535 935 935
SUPPLIES, REPAIRS, MAINTENANCE TOTAL 1740 992 1985 2735 2735
4310 Professional Services 564 370 200 200 200
PROFESSIONAL SERVICES TOTAL 564 370 200 200 200
4321 Postage 2974 3011: 5000 5000 5000
CWNNICATIONS TOTAL 2974 3011 5000 5000 5000
4334 Use of Personal Auto 1052 783 900 900 900
TRANSPORTATION TOTAL 1052 783 900 900 900
4413 Dues and Subscriptions 516 687 563 887 887
MISCELLANEOUS TOTAL 516 687 563 887 887
OPERATING BUDGET SUBTOTAL 115210 109927 132482 138673 138673
4551 Office Furnishings & Equipment 245 389 800 1650 1650
4553 Mobile Equipment 700 0 0 0 0
CAPITAL OUTLAY TOTAL 945 389 800 1650 1650
TOTAL, UNIT NO. 15 116155 110316 133282 140323 140323
--40-
CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING LUDGET -
DETAIL OF CAPITAL OUTLAY
ORGANIZATIONAL UNIT: ASSESSING
UNIT NO: 15
REQUESTED RECOMMENDED
TOTAL LESS NET NET
ITEM UNIT /COST COST TREE COST UNIT COST ADOPTED
OFFICE FURN. & EQUIPMENT:
1. Electronic Typewriter 10 1650 1650 0 1650 1 1650 1650
Total., Object #4551 1650 0 1650 1650 1650
'Total Capital Outlay 1650 0 1650 1650 1650
-43-
CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET ---_� - -- _ —
*'and: GENERAL Fund No: 01 Organizational
Unit: GOVERNMENT BUILDINGS
Function: GENERAL GOVERNM T
Activity: OTHER Unit No: 19
1 1
984. 984-
OBJECT 1981, 1982 1983 RE- RECOM
NO. OBJECT ACTUAL ACTUAL ADOPTED QUESTED NIENDED
44 20 Carpet Runner Rental 0 0 680 800 800
OTHER CONTRACTURAL TOTAL 0 0 680 800 800
OPERATING BUDGET SUB- -TOTAL 22 3423_ 257501 298575 31 7213 3161
4520 Buildings 32189 85877 40400 117000 6300
4530 Other Improvements 575 0 0 0 0
4531 Special Assessments on Land 11065 13685 13685 13685 13685
4550 Furniture and Fixtures 0 0 2500 1500 1500
4552 Other Equipment 2227 2740 3544 7092 7092
CAPITAL OUTLAY TOTAL 46056 1 -02302 60129 139277 28577
TOTAL, UNIT NO 19 269479 359803 358704 456490 344690
—57
CITY OF BROOKLYN CEYTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET ------------------
DETAIL OF CAPITAL OUTLAY
10ORGANIZATIONAL UNIT: GOVT BUILDINGS
UNIT NO: 19
REQUESTED RECOMMENDED
TOTAL LESS NET NET
ITEM UNIT /COST COST TRADE COST UNIT COST ADOPTED
BUILDINGS:
1.. City Hall Painting 7500 0 7500 0 0
2. CH Carpeting 1388' @16 22200 0 22200 0 0 0
3, Civic Center Temperature
Control 15000 O 15000 0 0
4. CH Police Interview Room 4500 0 4500 1500 1`500
5. CC Fire Sprinklers 12000 0 12000 0 0
6. CH Council Chambers Lighting 4800 0 4800 4800 4800
7. CC and Garage Alarm Systems 26000 0 26000 0 0
8. CC Boiler Rebuilding 25000 0 25000 0 0
Total, Object #4520 117000 0 117000 6300 6300
SPECIAL ASSESSMENTS ON LAND 13685 0 13685 13685 13685
Total, Object #4531 13685 0 13685 13685 13685
FURNITURE AND FIXTURES:
Police Interview Room:
1. Couch W 500 500 0 500 1 500 500
2. Corner Table 1@ 100 100 0 100 1 100 100
3. Iemp 2@ 50 100 0 100 2 100 100
4. Easy Chair 2@ 150 300 0 300 2 300 300
5. Love Seat 1@ 400 400 _0 400 1 400 400
6. Coffee Table 1 @ 100 100 0 100 1 100 100
Total, Object #4550 1500 0 1500 1500 1500
OTHER EQUIPMENT:
1. Lawn Mower with Sweeper and
Blower Attachments 1@ 4667 4667 0 4667 1 4667 4667
2. Heavy Duty Grinder 1@ 190 190 0 190 1 190 190
3. Heavy Duty Belt Sander 1@ 285 285 0 285 1 285 285
4. Paint Sprayer 1@ 1650 1650 0 1650 1 1650 1650
5. Heavy Duty Vacuum 1@ 320 320 20 300 1 300 300
Total, Object #4552 7112 20 7092 7092 7092
Total Capital Outlay 139297 2.0 139277 28577 28577
-60-
CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET -------------------
O Fund GENERAL Fund No: 01 Organizational
Unit: ADULT RECREATION
Function: RECREATION PROGRAMS
Activity: PARTICIPANT RECREATION Unit No: 62
1984
OBJECT 1981 1982 1983 RECOM- 1984
NO. OBJECT ACTUAL ACTUAL ADOPTED MENDED ADOPTED
4130 Salaries, Temporary Employees 3454 10852 1000 20500 20500
PERSONAL SERVICES TOTAL 3454 10852 1000 20500 20500
4220 Operating Supplies, General 19958 22945 17400 20455 20455
SUPPLIES, REPAIRS, MAINTENANCE TOTAL 19958 22945 17400 20455 20455
4310 Professional Services 68541 68465 94490 92345 92745
PROFESSIONAL SERVICES TOTAL 68541 68465 94490 92345 92745
4321 Postage 343 487 600 600 600
COMMUNICATIONS TOTAL 343 487 600 600 600
4330 Transportation 0 15 0 600 600
TRANSPORTATION TOTAL 0 15 0 600 600
OPERATING BUDGET SUB -TOTAL 92296 102764 113490 134500 134900
4550 Furniture and Fixtures 0 175 0 0 0
4551 Office Furnishings & Equipment 0 0 0 800 800
4552 Other Equipment 0 0 0 1501 1501
CAPITAL OUTLAY TOTAL, 0 175 0 2301 2301
TOTAL, UNIT NO. 62 92296 102939 113490 136801 137201
- 125
CITY f)F EPOOMN CENTER
AuXUA.L OPERATRIG BUDGET
7 : _ P.ICPSA ICI+ PP.OGRA,I: ADOPTED BUDGET
�'—
iEAR: 19P,4 ACTIVITY: �ADUZT RECREATION (62) (RPB62)
"
E91'IMA'TED REVFIV'iTE- -_ ,__. APPROPRIATIO NET COST
PFcCG 1:0 PROGRAM CLRR REQ REC ADOPT CURR FM REC ADOPT CURR REQ REC ADOPT
_ _
291 -- -- EAUD t 050 4250 3475 3475 2700 1161 5551 5551 -- -- - 2851- 2076 2076
292 EASYETBALL LEAGUE 15000 18000 18000 18000 15000 - 18000 18000 18000 0 0 0 0
294 FECrv'TALL - ---,—.----- __..65 6 . 6200___.6200_ 6200 ____ 6200 6200- - - 300 ._ -300 __ -300 -300
296 CP.A. €TS AND ARTS 1650 3EOO 3e00 3500 1600 2970 2970 2970 - -830 -830 - E30
298 FC�ALL 3000 0 0 0 2700 0 0 0 -300 0 0 0
299 P. 300 500 500 _500 - -_ 300 500 500 500_.___ 0_;_ 0__ -. 0
T 0
-, - 300 K TEitY 1600 1400 1400 1400 1600 1400 1400 1400 0 0 0 0
301 MIOR CITIZE;B 0 100 100 100 2365 3205 3055 3455 2365 3105 2955 3355
00 FALL LEAGUE _55000 _ 73000 �67000 6_7000 52000_ 72500 _66500 66500 __ - -3000 -500 -500 -500
'21 „___.- -. 3C4 S CKEALL TOUFfA; -lVT 6000 6000 6C00_ 6000 6000 . 6000 6000 6000 0 0 0 0
305 SCMALL CCF.CESSIONS 300 500 500 500 0 0 0 0 -300 -500 -500 -500
307 . _ YGLIW1BAIL FIXED_ 3000_5000 5oco 5000 ?500 4500 4500. 4500 --- - 500.___ -500___ --500 - __ _ -500__
3cpl VCLLIr^IEALL WOiOT'.S 2800 2900 2900 2 2200 2300 2300 2300 -600 -600 -600 4.00
309 WO! E}O:.RCISE 22500 23500 23500 23500 16500 17550 17550 17550 -6000 -5950 -5950 -5950
311 �. FAE'OP TIES - -.�. 1 36 3 15 1 8B 1 . 58$ 1825 22 Z5 2275 2 275___ 462,. �_. 687 - - -- . 687 . - 687 -
TOTAL 120863 - `1 47038 , t 40263; 40263 ^113490 Y 144501 — 136801 �_
137201 -7373 -2537 3 462 -3062
F
,
S •'
154
i
sx
CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET -------- - - - - --
*Fund: GENERAL Fund No: 01 Organizational
Unit: UNALLOCATED DEPARTMENTAL
Function: MISCFIZANEOUS EXPENSES
Activity: UNALLOCATED EXPENSES Unit No: 80
1984 1984
OBJECT 1981 1982 1983 RE- RECOM-
NO. OBJECT ACTUAL ACTUAL ADOPTED QUESTED MENDED
4397 Data Processing 28725 21762 38000 43000 43000
4398 Protection Service 5476 5863 5500 5500 5500
RENTALS TOTAL 34201 27625 43500 48500 48500
4411 Training and Conferences 9549 10758 15000 16000 16000
MISCELLANEOUS TOTAL 9549 10758 15000 16000 16000
4910 Judgments and Losses 8914 0 0 0 0
4995 Contingency 0 0 122000 135000 135000
OTHER DISBURMIENTS TOTAL _ 8914 0 122000 135000 135000
OPERATING BUDGET SUB- -TOTAL 187467 198361 484111 602653 602653
4551 Office Furnishings & Equipment 7500 0 0 18580 18580
4552 Other Equipment 2960 31976 0 0 0
CAPITAL OUTLAY TOTAL 10460 31976 0 18580 18580
TOTAL, UNIT NO. 80 197927 230337 484111 621233 621233
- 151
CITY OF BROOKLYN CENTER, MINNESOTA (ADJUSTED 9/26/83)
ANNUAL OPERATING BUDGET _-- ___- __ -- - -- _ -
DETAIL OF CAPITAL OUTLAY
ORGANIZATIONAL U14IT: UNALLOCATED DEPARTMENTAL EXPENSE
UNIT NO: 80
REQUESTED RECOMMENDED
TOTAL LESS NET NET
ITEM UNIT /COST COST TRADE COST UNIT COST ADOPTED
OFFICE FURN. & EQUIPMENT:
I. Postage Meter 1@ 3800 3800 0 3800 1 3800 3800
2. Electronic Stencil
Maker and Copier 1@ 4200 4200 0 4200 1 4200 4200
Micro Computer Installation
for City Manager's Office:
I. Micro Computer with
Dual Disc Drive V 4500 4500 0 4500 1 4500 4500
2. Letter Quality Printer 1@ 2200 2200 0 2200 1 2200 2200'
3. Work Station 1@ 250 250 0 250 1 250 250
4• One - Drawer Unit 1@ 190 190 0 190 1 190 190
5. Printer Stand 1@ 185 185 0 185 1 185 185
6. Anti -- Static Floor Mat 1@ 190 190 0 190 1 190 190
Micro Computer Support
Equipment for Assessor's
Office:
I. Letter Quality Printer 1@ 2100 2100 300 1800 1 1800 1800
2. Printer Sound Enclosure 1@ 450 450 0 450 1 450 450
3. Computer Work Table W 250 250 0 250 1 250 250
4. Computer Drawer Unit 1 @ 190 Igo - 0 190 1 190 - 190
5.- Printer Stand 1@ 185 185 0 185 1 185 185
6. Anti- Static Mat 1@ 190 190 0 190 1 190 190
Total, Object #4551 18880 300 18580 18580 18580
Total Capital Outlay 18880 300 18580 18580 "18580
_153_
U
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE
OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS
OF MSA 462.411 THROUGH 462.711, OF THE HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1984
WHEREAS, the City Council of the City of Brooklyn Center is governing
body of the City of Brooklyn Center; and
WHEREAS, the City Council has received two resolutions from the
Housing and Redevelopment Authority of the City of Brooklyn Center, one entitled
a "Resolution Approving the Brooklyn Center Housing and Redevelopment Authority
Budget for the Year 1984 Pursuant to MSA Chapter 462.545, Subdivision 6" and the
other entitled a "Resolution Establishing the Tax Levy of the Brooklyn Center
Housing and Redevelopment Authority for the Year 1984 "; and
WHEREAS, the City Council, pursuant to the provisions of MSA 462.545,
Subdivision 6, must by resolution consent to the proposed tax levy of the Housing
and Redevelopment Authority of the City of Brooklyn Center:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that a special tax be levied upon all real and personal property
within the City of Brooklyn Center in the amount equal to one -third of a mill.
BE IT FURTHER RESOLVED that the said one -third mill, to be used for
the operation of the Brooklyn Center Housing and Redevelopment Authority pursuant
to the provisions of MSA 462.411 through 462.711, be certified for tax levy to
the County Auditor of Hennepin County on or before October 10, 1983.
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
Member introduced the following resolution and moved
its adoption:
RESOLUTION ACCEPTING BID AND APPROVING AGREEMENT WITH MOTOROLA
FOR THE MAINTENANCE OF THE CITY'S RADIO COMMUNICATION SYSTEM
WHEREAS, there is a need to provide for the maintenance of the City's
radio communication system; and
WHEREAS, the City Clerk has received quotations for the maintenance
of the City's radio communication system, said quotations as follows:
Bidder Quotations
Air Comm $715 per month
Motorola $1,090.50 per month
Capital Electronics $1,265 per month
WHEREAS, the City Clerk has advised the City Council that it is in the
best interest of the City to accept the quotation of Motorola in the amount of
$1,090.50 per month.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the proposal of Motorola for the maintenance
of the City's Radio Communication System in the amount of $1,090.50 per month
is hereby accepted. The Mayor and City Manager are hereby authorized and
directed to execute said agreement on behalf of the City of Brooklyn Center.
Date Mayon
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member. , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
t
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Brad Hoffman, Administrative Assistant
DATE: September 29,- 1983
SUBJECT: Radio Maintenance Contract
The resolution before the Council, authorized the execution of a radio maintenance
contract. At last week's meeting, the Council requested cost information comparing
our maintenance agreement for the old system with that of the new radio system.
Under the new contract, five (5) new pieces of equipment have been included that
did not exist in our old system. The new pieces of equipment include: a- receiver
at Dayton's; a NOAA (weather) receiver; a DVP Base Station; an Intrac Central -
Controler (lift station alarm); and a printer for the Intrac. The monthly mainte-
nance cost for the additional items totals $158.00.
For purposes of this comparison other equipment which is new to our system but
replaced pieces of equipment no longer used were considered as a wash. The
Motorola contract is in the amount of $1,090.50 per month. By deducting the
costs for the new equipment a comparable radio system maintenance cost is
$932.50 per month.
Our contract for our previous radio system with Air Comm was $266.20 per month.
Also the City leased mobile radios at a monthly cost of $15.75 each and portable
radios at a monthly cost of $16.25 each. The total monthly maintenance cost of
our old system was $266.20 per Air Comm plus $455 for police portables and
$220.50 for police mobiles or $941.70 per month.
In essence, excluding additional equipment to our system, the new contract is
$9.20 per month less.
Attached are copies of the Air Comm Bid and correspondence as well as the Motorola
bid.
i
t
. ` Address Reply to:
rl a� Twin Citfec Service Centsr
750 Transfer Road
.Sit. Paul, MN 55114
r^o- •. »,,� ..,,,, �. , (612) 646.1051
�e -� z.,r i tr.. v... v�..�m �..G7i ?r'eTC�I:IC:1.tt�i7 a c iiC rcC.'G�TC;11�.�, tr1C.
July, -26, 1983,
Chief James Lindsay
City of Brooklyn Center
6301, Shingle Creek Parkway
Brooklyn Center, MN 55429
Dear Chief Lindsay:
Thank you for the time you took last Thursday to meet with
Gail and me to discuss our Maintenance Contract proposal. It
was a good opportunity for me to become familiar with the com-
munications maintenance needs of the City.
Enclosed are two blank forms which we would use for the
Maintenance Contract. On the "Service Agreement" form we will
detail the basic terms and special conditions of the contract.
The equipment list with model /serial numbers and individual
notes would be detailed on the "Inventory Adjustment" form
which would also be used for adding or deleting equipment in
the future.
The enclosed equipment list has been revised to include the
omitted portables remotes and Intrac Central.
As discussed, we will include in the contract 24 hour
emergency service on fixed equipment when a failure would ser-
iously affect public safety operations. After -hours callout of
a technician would require the approval of authorized Police
Department personnel.
The Intrac Central maintenance rate is proportional to
the value and sophistication of this unit. it is a $10,000
microprocessor (computer) based product. Maintenance and repair
of such equipment is extensive and expensive.
You indicated that you will seek maintenance contract
proposals from I other firms. When you do, it is important that you de-
termine that the service agency not only has the general two-
way resources but also has the unique test• equipment -and
training required to properly service your equipment.
1301 East Aigon;Iuin Rd. Schaumburg, Illinois 601n6 (312) 397 .1000
Page 2
Special items which are required:
1) Motorola R- 3.012P DVP Test Set
Provides facilities for checking the proper operation
of the Digital Voice Protection circuits of a Motorola
DVP system.
2) Motorola R -1800A Digital Analyzer Controller
A) Required to read, write and verify the code plugs_
in our Syntor mobiles. These code lugs determine
y y P
the frequencies and Private Line code in the radio.
B) Provides unique troubleshooting and diagnostic
capability for Syntor mobiles.
3) Motorola C1570 Intrac.Test Set
Provides facilities for displaying and transmitting
and /or receiving digital code words required for testing
and aligning Intrac remote and central units.
Training
Technicians should have factory approved training on Motorola
Consoles, Modax Dial Interconnect Paging, Syntor Mobiles, Dig-
ital Voice Privacy and Intrac, in addition to a solid background
which includes continued technical training.
Providing a quality service product begins long before you
require it. The Motorola Twin Cities Service Center has invested
in the P ersonnel r trainin g. equipment, test e ui ment facilities and the
arts inventor required to maintain our system. I had the
P Y q your
pleasure of showing you our facilities earlier this year. I
would be pleased to have you or any other City personnel visit
the Twin Cities Service Center again to certify our capabilities.
We at the Service Center are extremely proud to have been
a part of your new communication system. You can take consider-.
able pride in having implemented such a sophisticated system,
which si nifi.cantl im roves the Police Department
communications
g Y P P
thereby benefiting the City'of Brooklyn Center and nearby com-
munities
r
,
C P I
I look forward to the opportunity of providing a service
which will be a credit to your efforts and maintain its present
level of performance.
Sincerely,
MotoY'9a C &Ei
Twin CC tie 3erv` c enter
C• :.
P'At Gearty
Manager
cc: Brad Hoffman
Attachments
Equipment list
Service Agreement
Inventory Adjustment
R -1012 Test Set
R -1800 Digital Analyzer
PGjdh
1,
BROOKLYN CENTER EQUIPMENT LIST
UNIT MAINT. EXT. MAINT.
QTY. DESCRIPTION PER .MONTH PER MONTH
1 Police Base Station $20.00 $20.00
1 Police Comparator $18.00 $18.00
1 Fire Department Comparator $18.00 $18.00
1 Receiver at Dayton's $14.00 $14.00
1 Fire Base, West $20.00 $20.00
1 Fire /Mutual Aid Base $20.00 $20.00
1 Fire /CD Base $20.00 $20.00
1 Sheriff Pt -to -Pt Base $20.00 $20.00
1 Metro UHF Base $20.00 $20.00
1 Public Works Repeater $20.00 $20.00
9 INTRAC Remotes $12.00 $108.00
1 G.E. Base Station $25.00 $25.00
1 NOAA Receiver $ 7.00 $ 7.00
1 Receiver, MINCEF $ 7.00 $ 7.00
1 DVP Base Station $35.00 $35.00
7. Remote Desksets $ 3.00 $21.00
5 at Municipal Bldg.
1 IDA at City Garage
1 IDA at Lift Station
1 Remote Console West Fire $ 4.50 $ 4.50
1 INTRAC Central Controller $78.00 $78.00
1 Printer for INTRAC $15.00 $15.00
1 Main Console dual position $148.00 $148.00
Excludes: Dictaphone Call Checks
and Logging Recorder, Alarms
and INTRAC Central
Includes: Modax paging encoder
EXTENDED TOTAL FOR FIXED EQUIPMENT $638.50
BROOI;LYN CI NTT;"R EQUIPMENT LIST
UNIT MAINT. EXT. MAINT
QTY. DESCRIPTION PER MONTH PER MONTH
5 DVP Portables $10.00 $50.00
1 Code Inserter $ 8.00 $ 8.00
2 DVP Mobiles $12.00 $24.00
15 Syntor Mobiles $ 6.00 $90.00
15 G.E. Portables $ 6.50 $97.50
9 Public Works Matorola Maxar Mobiles $ 4.50 $40.50
18 Johnson Fleetcom Mobiles $ 7.10 $127.80
3 G.E. Mobiles $ 7.10 $14.20
1 RCA Mobile - Time & Material - -- - --
EXTENDED TOTAL FOR NON - FIXED EQUIPMENT $452.00
TOTAL COST FOR MAINTENANCE $1090.50
Per Month
1
+ Revised 7 -2G -83
Address Reply to:
MOTOROLA 11100 Bren Road West
Minnetonka, MN 55343
Communications and Electronics Inc. (612) 932.9500
September 23, 1983
Chief James Lindsay
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55429
Dear Chief Lindsay:
Thank you for the opportunity to respond to your concerns and the
concerns of the City of Brooklyn Center regarding the importance of
selecting a qualified service center to service and maintain your
investment in communications equipment.
As discussed at our last meeting, it is important that you determine
that the service center not only has the general two -way resources but
also the unique test equipment and training required to properly perform
maintenance and service on Motorola Centea-Com consoles, Modax dial in
.terconnect paging, Digital Voice Privacy, INTRAC and Syntor mobiles.
Special test equipment which is required:
$ 2,140.00 1. MOTOROLA R -1012B DVP TEST SET
Provides facilities for checking the proper
operation of the Digital Voice Protection
circuits of a Motorola DVP system.
$ 3,390.00 2. MOTOROLA R -1801A DIGITAL ANALYZER CONTROLLER
WITH READER /PROGRAMMER
A,- Required to read, write and verify the code
plugs in your Syntor mobiles. These code
plugs determine the frequencies and Private
Line Code in the radio.
B. Provides unique trouble shooting and
diagnostic capability for Syntor mobiles.
1301 E. Algonquin Rd., Schaumburg, Illinois 60196 (312) 397.1000
City of Brooklyn Center
September 23, 1983
Page 2
$ 3,821.03 MOTOROLA C1570 INTRAC TEST SET
Provides facilities for displaying and trans -
mitting and /or receiving digital code words
required for testing and aligning INTRAC remote
and central units.
$9,351.00 TOTAL TEST EQUIPMENT COST
TRAINING
Motorola MAV -PAKS are designed to be a very basic block diagram level
training package with backup Motorola factory training highly
recommended to service the products adequately.
Motorola does have a MAV -PAK video cassette available for DVP and a
MAV -PAK filmstrip with cassette tapes available for Syntor mobiles at
$59.00 /each. MAV -PAKs are not available for INTRAC products or
Centra -Com consoles.
In regards to Motorola factory training on Digital Voice Privacy, Syntor
mobiles, INTRAC, Modax Dial Interconnect paging and Centra -Com consoles
Motorola does not have any technical training schedule for the general
public for the coming year.
If you have any questions regarding any of the information contained in
this letter, lease contact me at (612)-932-9562.
P : Thank Y ou
Regards,
M O T O R O L A
Communications & Electronics, Inc.
a
4
Brian J. Shay r
Section Service Manager
I
BJS:vjm
•
Y
DESIGN. SALES. AND SERVICE OF TFIEPHONE d TWO -WAY RADIO COMMUNICATION SYSTEMS
September 19, 1983'
s
C3.
ty o f Brookly Center r
301, Shingle Creek Parkway
Brooklyn, Center, Minnesota 55+30
Attention: Mr.'Brad Hoffman
Administrative Assistant
:REFERENCE: RADIO MAINTENANCE OF DV -P BASE STA1TION, INTRAC CENTRAL
CONTROLLER AND PRINTER.
.Dear Mr. Hoffman
Air Comm, Inc. would purchase from Motorola their Mav -Pack training
packages for the DVP base, Intrac Central Controller and Printer.
vould conduct a, school with all my technicians on proper service
procedures. We would study the manuals and purchase any parts or
..�tes•t equipment necessary to service the above and any other equipment
have .
I hopie to. continue the service of your radio equipment.
Sincerely
Harry Albrecht
Service Manager
y
AIR COMM, INC.
..
HA::l
i
78 MORELAND AVENUE EAST. WEST ST. PAUL, MINNESOTA 55118 (6121457-0543
Page 1 of 2
BROOKLYN CENTER EQUIPMENT LIST
UNIT MAINT. EXT. MAINT.
QTY. DESCRIPTION PER MONTH PER MONTH
1 Police Base Station 15.00 15.00
1 Police Comparator 10.00 10.00
1 Fire Department Comparator 10.00 10.00
1 Receiver at Dayton's 6.00 6.00
1 Fire Base, West 10.00 10.00
1 Fire /Mutual Aid Base 10.00 10.00
1 Fire /CD Base 10.00 10.00
1 Sheriff Pt -to -Pt Base 10.00 10.00
1 Metro UHF Base 10.00 10.00
1 Public Works Repeater 15.00 15.00
0 INTRAC Remotes 5.00 45.00
1 G.E. Base Station 15.00 15.00
1 NOAA Receiver 3.00 3.00
1 Receiver, MINCEF 3.00 3.00
1. DVP Base Station 20.00 20.00
7 Remote Desksets 5.00 _ 35.00
5 at Municipal Bldg.
1 IDA at City Garage
1 IDA at Lift Station
1 Remote Console - West Fire 5.00 5.00
1 INTRAC Central Controller 10.00 10.00
1 1 Printer for INTRAC 10.00 10.00
1 Main Console - dual position. 30.00 30.00
Excludes: Dictaphone Call Checks
and Logging Recorder, Alarms
and INTRAC Central
Includes: Modax paging encoder
EXTENDED TOTAL FOR FIXED EQUIPMENT 252.00
Submitted by: Air Comm, Inc. •
76 Moreland Avenue East
West St. Paul, MN 55118
457 -0543 j
.,.. Page 2 of 2
BROOKLYN. CENTER EQUIPME LIST
UNIT MAINT. EXT. MAINT.
Y.
DESCRIPTION PER MONTH- PER MONTH
5 DVP Portables 8.00 40.00
1 Code Inserter 5.00 5.00
2 DVP Mobiles 8.00 16.00
15 Syntor Mobiles 5.50 82.50
15 G.E. Portables 8.00 120.00
9 Public Works Motorola Maxar Mobiles 5.50 49.50
is Johnson Fleetcom Mobiles 5.50 99.00
3 G.E. Mobiles 7.00 21.00
1 RCA Mobile Time & Material
EXTENDED TOTAL FOR NON -FIXED EQUIPMENT 433.00
TOTAL COST FOR MAINTENANCE $715.00
SUBMITTED BY:
Harry Albrecht, Service Manager
AIR COMM, INC.
76 Moreland Avenue East
West St. Paul, * , 55118
457 -0543
Member introduced the following resolution and �7 " •
moved its adoption: Q
RESOLUTION NO.
r" RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET, ACCEPTING
QUOTATIONS AND AUTHORIZING PURCHASE AND INSTALLATION OF
SCOREBOARDS FOR THE CENTRAL PARK SOFTBALL FIELDS
a_
WHEREAS, scoreboards for the softball diamonds in Central Park were
proposed as part of the special park bond referendum of May 7, 1980; and
WHEREAS, the City Clerk has received quotations for the purchase of
two scoreboards for the Central Park softball diamonds said quotations as
follows.
Bidder Quotation
NEVCO Scoreboard Company $4,400
Minnesota Playground Inc. $4,650; and
WHEREAS, it is recommended that the quotation of NEVCO Scoreboard
Company in the amount of $4,400 be accepted; and
WHEREAS, the cost of installation for the scoreboards is $1,140; and
WHEREAS, the Director of Parks and Recreation has informed the City
Manager that revenues from the City's softball program (Division 62 Adult
Programs) had exceeded the original revenue estimates by an amount sufficient
to purchase and install the scoreboards in the Central Park softball diamonds;
and
WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn
Center does provide that the City Council may, by majority vote of its members,
increase an appropriations if the actual receipts exceed the estimates:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Centex, Minnesota to amend the 1983 General Fund Budget as follows:
1. Increase the parks maintenance capital outlay, other
improvements account by $5,540.
2. Increase the estimated revenue for recreation fee, adult
programs by $5,540.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota to authorize the purchase of two scoreboards from NEVCO
Scoreboard Company for $4,400 and to authorize the installation of the score-
boards for $1,140.
i
Date Mayor
k
ATTEST:
_.a. Cle rk
{
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
PARKS AND RECREATION
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Telephone 561 -5448
MEMO
TO : G. G. Splinter, City Manager
FROM Gene Hagel, Director of Parks and Recreation Department
DATE September 27, 1983
SUBJECT: Scoreboards for Central Park
Attached to this memorandum are quotations for scoreboards to be installed
at the softball diamonds in Central Park.
We are recommending that these be purchased from the General Fund, Division
#62, Adult programs. Revenues in this account have exceeded our original
estimates due to the addition of the Church Softball League to our program
and the unexpected increase in Women's Softball.
This account as of August 31, 1983 has a balance of $18,156. We anticipate
an additional $1,000 in fees from the Fall Softball Leagues. Anticipated
expenditures are for officials, scorekeepers, balls, and trophies for an
W e roximate total of $6.000.
breakdown for this account is as follows:
Balance, August 31, 1983 $18,156
Estimated additional revenue 1
Total $19,156
Cost for Scoreboards
2 @ $2,200 Complete with Cable $ 4,400
and Controls
Installation 1,140
Misc. Expenditures 6,000
Total Cost $11,540
Projected balance, Division 62, $ 7
Program #303
It should be noted that we have investigated the possibility of purchasing
combination softball /football scoreboards. We have been informed that the
combination type tends to have more operational malfunctions than the single -
purpose type and are not recommended. If we are to obtain a football score -
board in the future we should get one that is designed for football only
in order to assure a trouble -free operation.
_I am also informed by my colleagues that the NHVCO scoreboard is the best
quality available. It also presents the additional advantage of having a
q o putable representative in the metropolitan area.
te:
Estimated Revenue this account, 1983 $55,000
Actual Revenue received August 31, 1983 80,851
QUOTATIOXA
SHIP MANUFACTURERS REPRESENTATIVE
TO - — - !} -- REPLY TO:
f v
Ae -P/<
BILL
TO
DATE REP NUMBER
6 7 G c- '.
i
WNIT[ C11510MER, PINK NFVCO f ACTMY, YEI.IOW YCH1FW0PY FORM NO 00
QUOTATION
4
�
_ '_J Minneslota PlaygrOun , InC. E
P.O. Box 27328 • Golden Valley; Minnesota 55427 • (612)546 -7787
MN WATTS (800) 6225425
r , VAT E: ._._ Sept.2011983
City Of Brooklyn Center CONTACT PERSON: Gene Hagel ;
Park & Rec. Dept. Scoreboar
6301 Shin'gle Creek Parkway PROJECT:
Brooklyn Center,MN. 55430 TELEPHONE: 561 - 5448
L
Catalog
Quantity Nu mbe r Dvseription Unit Price Extension
.2 1000 NEVCO B aseba ll Scoreboards wi C ontrol
panel and 450' Cable. 23 25.0 0 $ 465 0.00
f
Quotation in effect until: Oc t 15,1983 Sub -Total 46 - 0.0 0
We quote you as above F.O.B. Brooklyn Center,
MN. Sales Tax '�-
60 � ARO !
Shipment can be made in: ��_ Freight
i
Terms: NET 30 TOTAL 4650.00
- IMPORTANT INFORMATION FOR ORDERING: �
Minnesota Playground, Inc . Th will invoice you upon shipment
L The purchase order should be made out M Y Y
2. the order to MINNESOTA PLAYGROUND, INC. as shown above, thereby authorisation tan be completed before the order t:
ssed.
3. TO EXPEDITE SHIPMENT, three items should show on your purchase request: tax exemption number (if exempt),
ADDRESS FOR BILLING, and ADDRESS FOR DELIVERY. F
Exclusive Re presentative MIN ' S9 'A PLAY t�0, C.
by
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION TRANSFERRING FUNDS FROM COUNCIL CONTINGENCY ACCOUNT
TO THE FIRE DEPARTMENT CAPITAL OUTLAY ACCOUNT
WHEREAS, the City Council did on April 25, 1983, while in the
regular session of the City Council, requested City Staff to draft a
resolution for the purchase of sonar equipment and additional diving
equipment for the City's Fire Rescue Personnel.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Finance Director is hereby authorized to transfer
an amount of $2,700 from the Council's Contingency Account to the Fire
Department's Capital Account #4552.
.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
I
M & C NO. 83-8
September 29, 1983
FROM THE OFFICE OF THE CITY MANAGER
Subject: Central Park Scoreboards:
To the Honorable Mayor and City Council:
As a
P art f he t
original i
na1 bond issue proposal it was contemplated fated that scoreboards
P
would be installed in the softball diamonds in Central Park. As grant monies for
these type projects constricted, the Park and Recreation Commission re- established
priorities within those improvements scheduled for Central Park. Among those
projects dropped from the top Y priorit list were the lighting on the baseball field
security fencing completely around both the baseball and the softball diamonds, the
scoreboards for the softball fields and other small projects.
The Parks and Recreation Department believes installation of these scoreboards
would be a valuable asset to their softball program and requested funding for
scoreboards in the 1984 General Fund Budget. I cut the item out of the General Fund
Budget as the department made me aware f he
g o t fact that they Y received aone -time
windfall in revenues from fees and charges for softball league. This windfall came
from two sources —one, the addition of the church softball league and an unexpected
increase in women's softball. The church softball league had played in Brooklyn
Center for a number of years, but paid their fees and received supervision of their
league through the YMCA. This year the YMCA dropped their supervision and
sponsorship and the church league came to Brooklyn Center along with the revenue the
league fees generated. We budgeted in 198 to receive $55,000 from all softball
fees . The actual revenue received as of August 31, 1983 was $80,851. You should
understand that the $30,000 additional monies were not clear "profit" as there was a
considerable amount of expense such as umpires, softballs and other supplies
incurred as well as the revenue received.
The softball expense and revenue account as of August 31, 1983 had a balance of
$18,156. We anticipate an additional $1,000 in fees from the fall softball leagues
and the expenditures for officials, scorekeepers, softballs, trophies, and other
miscellaneous expenses should total an approximate $6,000. If the Council
approves our request to purchase and install two scoreboards at a cost of $5,540,
this account will have an estimated end of the ear balance of $ 616 after all
y w7,
expenditures including purchase of the two scoreboards.
It would seem appropriate, if scoreboards are to be provided for Central Park
softball fields, that they be paid for out of revenue from the softball activity.
We investigated combination softball, football, and soccer scoreboards. However,
both vendors and users alike recommend against the multipurpose scoreboards as they
have had considerable operational malfunctions and have not been reliable. Should
the Council have
further questions, t
arty please do not hesitate to contact me.
Respectfully submitted,
Gerald G. Splinter
City Manager
IL
Member introduced the following resolution and
"t moved its adoption:
}
RESOLUTION NO.
RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN LAW
ENFORCEMENT LABOR SERVICES LOCAL NO. 82 AND THE CITY OF BROOKLYN
CENTER
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 personnel in the
job classifications of Sergeant /Corporal and Police Officer; and
WHEREAS, the membership of Local No. 82 and the Brooklyn Center
City Manager have agreed upon a negotiated Master Labor Agreement between
the Metropolitan Area Management Association (MAMA), representing the City
of Brooklyn Center, and Law Enforcement Labor Services, Local No. 82; and
WHEREAS, the Master Labor Agreement shall cover the period from
January 1, 1983 through December 31, 1983; and
WHEREAS, the City Manager recommends employer approval of the
agreement.
Le NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota to authorize the Mayor and City Manager to execute
the 1983 Master Labor Agreement between the Metropolitan Area Management
Association, representing the City of Brooklyn Center, and Law Enforcement
Labor Services, Local No. 82, and dated January 14, 1983.
Date Mayor
t
ATTEST
Clerk
4
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 passfed and adopted. t
a
t� a
MASTER LIL90R AGREFXENT
P.E"Ttll�Li
• CITY OF BROOKLYN CF�ITER
AND
LAW ENFORC.U.01T LABOR SERVICES, LOCAL NO. 82
ARTICLE I PURPOSE OF AG 1ENT
This AGREEJDI�.'T is entered into as of January 10, 1 983 between the City of
Prooklyn Center, hereinafter called the EMPLOYER, and Law Enforcement
Labor Services, Local No. 82, hereinafter called the UNION.
It is the intent and purpose of this AGREHIRIT to:
1.1 Establish procedures for the resolution of disputes concerning this
AGRM interpretation and /or application; and
1.2 Place in written form the parties' agreement upon terms and
conditions of employment for the duration.of this AGREa+IENT.
ARTICLE II RECOGNITION
2.1 The RI LOYF.R recognizes the UNION as the exclusive representative,
under Minnesota Statutes, Section 179.71, Subdivision 3, for all
i classifications:
1 ce rsonnel in the following job
l� Pe g J
Sergeant /Corporal
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 DEFINITICNS .
3.1 UNIO14: Law Enforcement Labor Services, Local No. 82.
3.2 UNION MEKBER: A member of Law Enforcement Labor Services, Local
No. 82.
3.3 HIPLOYEE: 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 app ointed by.Law Enforcement
Labor Services, l N 2. '
cep ho 0 8
Local
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a �
3.8 INVF.ETIGATOR /DETECTIVE: An employee specifically assigned or
classified by the DIPLOYER to the job classification and /or job
position of INVESTIGATOR /DETECTIVE.
3.9 O VERTIME: Work , performed at the express authorization of the
EMIPLOYER 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 SCHF.DUIED SHIFT during which the
employee remains on continual duty and is responsible for assigned
duties.
3.12 IUNTCH BREAK: A period during the SCHEDULED SHIFT during which the
employee remains continual and is responsible for assigned •
duties. -
3.13 STRIKE: Concerned action in failing to report for duty, the
willful absence 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 the purposes of
inducing, influencing or coercing :.a change in the conditions or
compensation or the rights, privileges or obligations of
employment.
ARTICLE IV EMPLOYER SECURITY
The -UNION agrees that during the life of this AGREEhMT that the UNION
will not cause, encourage, participate in or support any strike, slow—
down or other interruption of or interference with the normal functions
of the MPhOYER.
ARTICLE V EMPLOYER AUTHORITY, '
5.1 The 111PLOYER retains the full and unrestricted right to operate and
manage all manpower, facilities, and equipment; to establish
functions and programs; to set and amend budgets; to determine the
utilization of technology; to establish and modify the
organizational structure; to select, direct, and determine the
number of personnel, to establish work schedules, and to perform
any inherent managerial function not `specifically ' limited by this
AGR =T.
5.2 Any term and condition of employment not specifically established
or modified by this AGR=DIT shall remain solely within the
discretion of the EPIPLOYF.R to modify,- establish, or eliminate.
x�
f
F
ARTICLE VI UNION SECURITY .
( 6.1 The H.IPLOYER shall deduct the wages of employees who authorize such
a deduction in writing an amount necessary to cover monthly UNIOPJ
dues. Such monies shall be remitted as directed by the UNION.
6.2 The U11ION may designate employees from the bargaining unit to act
as a steward and an alternate and shall inform the 134PLOYER in
writing of such choice and changes in the position of steward
and /or alternate.
6.3 The DIPLOYER shall make space available on the employee bulletin
board for _posting UIiION notice(s)-and announcement(s).
6.4 The UNION agrees to indemnify and hold the RIPLOYER harmless
against any and all claims,.suits, orders, or judgments brought or
issued against the DIP10YFR as a result of any action taken or not
taken by the EMPLOYER under the provisions of this Article.
ARTICLE VII DIPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 DEFINITION OF A GRIEVANCE
grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions
of this AGKL ='T .
7.2 UNION REPRESENTATIVES
The IMPLOYER 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 EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and of their successors when so designated as
provided by 6.2 of this AGREaMNT.
7.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the DIPLOYER that
the processing of grievances as hereinafter provided is limited by
the job duties and responsibilities of the 134PLOYEES and shall
therefore be accomplished during normal working hours only when
consistent with such R, duties and responsibilities. The
aggrieved ECIP10= and a UNION REPRESENTATIVE shall be allowed a
reasonable amount of time without loss in pay when a grievance is
investigated and presented to the DIPLOYER during normal working
hours provided that the HIPLOYEE 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 programs of the IMPLOYER.
-3-
7.4 PROCF:PURE
rievances, as defined by Section 7.1, shall be resolved in
conformance with the following procedure:_
Ste 1. An 114PL4YEE claiming a violation concerning the
in eipretation or application of this AGREITIMT shall, within
twenty -one (21) calendar days after such alleged violation has
occurred, present such grievance to the DIPLOYEE'S, supervisor as
designated by the MIPLOYER. The II PhOYF - 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
the nature of the.grievance, the facts on which it is based, the
provision or provisions of the.AGFM-imT allegedly violated, the
remedy requested, and shall be appealed to Step 2 within ten (10)
calendar days after the U- PLOVER- designated 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 UIti'ION and discussed with the FPLOYER- designated Step 2
representative. The BIPLOYER- designated representative shall give
the UNION the Il'IPLOYER's Step 2 answer in writing within ten (10)
calendar days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step., within ten (10)
calendar days following the IMPLOY- designated representative's.
final Step 2 answer. Any rievance not appealed in writing to Step
3 by the UNION within ten M) ,calendar days shall be considered
waived.
Step 3. If appealed, the written grievance shall be presented by
t Te ITIION and discussed with the D PLOYER- designated Step 3
representative. The HIPLOYER- designated representative shall give
the UNION the RIPWYER's answer in writing within ten (10) calendar
days after receipt of such Step 3 grievance. A grievance not
resolved in Step 3 may be appealed to Step 4 within ten (10)
calendar days following the H.1PLO!=- - designated representative's
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 4 by
the M ON shall be submitted to arbitration subject to the
provisions of the Public Employment Labor Relations Act of 1971.
The selection of an arbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as established by
the Public Employment Relations Board.
1
S
S
r
7.5 ARBITRATOR'S AUTITORITY
A. The arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the terms and conditions of
this AGRF27U The arbitrator shall consider and decide only
the specific issue(s) submitted in writing by the EMPLOYER and
the UNION, and shall have no authority to make a decision on
any other issue not so submitted.
B. The arbitrator shall be.without power to make decisions
contrary to, or inconsistent with, or modifying or varying in
any way the application of -laws, 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 briefs by the parties,
whichever be later, unless the parties agree to an extension..
The decision shall be binding on both the EMPLOYER and the
T
UftIOP� and shall be based solely on the arbitrator
interpretation or application of the express terms of this
AGPJO IT and to the facts of the grievance presented.
• 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 made, 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 considered "waived." If a grievance'is not
appealed to the next step within the specified time limit or any
agreed extension thereof, it shall be considered settled on the
basis of the EcIPLOYER'S last answer. If the D210YER does not
answer a grievance or an appeal 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.
The time limit in each step may be extended by mutual written
agreement of the EMPLOYER and the UNION in each step.
7.7 CHOICE OF REMEDY
.If, as a result -of the written TTIPLOYFR 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 Fhir 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 indicate in writing
• � E
-5-
which procedure is to be utilized -- .Step 4 of Article VII or another
appeal procedure- -arid shall sign a statement•to the effect that the
choice of any other`hearinC. precludes the nefrieved employee from
making a subsequent appeal'throuCJT Step 4 or Article VII. ,
ARTICLE VIII SAVINGS CLAUSEf
This AGREE!aT is subject to the laws of the United States, the State of
Minnesota and the City of Frooklyn Center. In the event any provision of
' the AGRF.]ErT shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgnent or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other
provisions of this AGREHAMT shall continue in full force and effect.
The voided provision may.be renegotiated at the written request of either
party
ARTICLE IX SFNIORITY
9.1 Seniority shall be determined by continuous length of service in'
all of the job classifications covered by this AGRM'�NT
Employees promoted from classifications covered by this AGRMENT
to a position outside the bargaining unit will continue to accrue
seniority under this AGREEJ!1,T until the completion of their
promotional probationary period or for no longer than twelve (12)
months. The seniority roster shall be based on length of service
in all of the job classifications covered by this AGRFEMIT.
Ilnployees lose seniority under this AGRE04HIT 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 longer
than twelve (12) months after transfer or promotion.
9.2 During the probationary period a newly hired or rehired employee
may be discharged at the sole discretion of the E PLOYER. During
_ the probationary period a promoted or reassigned employee may be
replaced in his previous position at the sole discretion.of the
EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis of
seniority. Employees shall be recalled from layoff on the basis of
seniority: An employee on layoff shall have an opportunity to
return to work within two years of the time of his layoff before
any new employee is hired.
9.4 Senior employees will be given preference with regard to transfer,
job classification assignments and promotions when the job-relevant
qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignment
preference after eighteen (18) months of continuous full -time
employment.
9.6 One continuous vacation period shall be selected on the basis of
seniority ntil M• 1 h calendar ye ar.
Y ay 5 of eac , c
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ARTICLE, X DISCIPLINE
10.1 The FEPLOYTR will discipline employees for just cause only.
Discipline will be in one or more of the following forms:
a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or
e. discharge.
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 UNIOT 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 E.PLOYER.
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
questioning.
10.7 Grievances relating to this Article shall be initiated by the UNION
in Step 3 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 normal work year is two thousand and eighty hours (2,080) to be
accounted for by each employee through:
a. hours 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 actual len of time of the assie-ned 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
BiPIAYIR niV, ass i., employees.
-7-
ARTICLE XIII OVIRTI E
13.1 1h to ees will be compensated at one and one -half 1 -1 2) times the
3 p y Pe ( /
employee's regular base pay rate for hours 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.
13.4 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 Overtime will be calculated to the nearest fifteen (15) minutes.
13. Employees have the obligation to work overtime or call backs if
requested by the HIPLOYER unless unusual circumstances prevent the
employee from so working.
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 -1 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 annual elect compensatory time off at a` rate
of one and one -half (1'1/2 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 1 of each year the City will pay off by
check the balance of compensatory time accumulated by each police
officer. rjo compensatory time will be accumulated or used during
the month of December. 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 IMPLOYER with prior approval of the
MPLOYIR- designated 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' pV. at one and one
half (1 -1/2) times the employee's base p.y rate. An extension or early �.
I
report to a regularly ; scheduled shift for - Court' appearance does not
qualify the employee forethe two (2) hour minimum.
ARTICLE XV CALL BACK TIfC-
An employee who is called to duty 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 ba-ze pay rate. An extension or early report to a
regularly scheduled shift for duty does not qualify the employee for the
two (2) hour minimum.
ARTICLE XVI 14ORKIIIG OUT OF CLASSIFICATION
Employees assigned by the 131PLOYER 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 IMPLOYFR to standby shall be paid for such
standby time at the rate of one hour's pay for each hour on standby.
ARTICLE XVIII UNIFOM -IS
The EIPLOYER shall rovide re uired uniform and equipment items.
P
q � P
ARTICLE XIX INJURY ON.DUTY
Employees injured during the performance of their duties for the EPIPLOYER
and thereby rendered k P 1PLOYME will be id the
e y r durable to work for pa
difference between the employee's regular pay and Worker's Compensation
insurance payments for a period not to exceed ninety (CO) 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 EDUCATIONAL INCENTIVE
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 (3°5') of the employee's base rate or
supplementary pay based 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 (5%) 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 pV 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.
-9-
20.4 After sixteen,(16) years of continuous employment each employee
shall choose to be paid supplementary pay of nine percent (9;0 of
the employee's base. rate or supplementary pay based on educational
credits as outlined in 20.6 of this ARTICLE.
f•
20.5 1hployees may choose supplementary F -iY 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
45 — 89 .
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 related. (Thus, a 4-year degree is
not automatically 1ecredits —or _a2-year certificate is not
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 '(3 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 111PLOYER shall determine which courses are job related.
Disputes are grievable based on the criteria outlined in the award
of Minnesota Bureau of Medation 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 employment,
to the extent inconsistent with the provisions of this AGRTgiT,
are hereby superseded.
21.2 The parties mutually acknowledge that during the negotiations which
resulted in this AGRFJIJENT, each had the unlimited right and
opportunity to make demands.and, proposals with respect to any term
or condition of employment not remove d by law from bargaining. All
agreements and understandings arrived at by the parties are set
forth in writing in this AGPOI/0. for the stipulated duration of
this AGRM4H1T. The D PhOYER and the UTTIOT] each voluntarily and
unqualifiedly waives the right to meet and negotiate regarding any
-10-
and all terms and conditions of employment referred to or covered
in this AGRl- 1-101;1 or with respect to any term or condition of
employment not specifically referred to or covered by this
AGRE1111.TJT e such terms or conditions may not have been
ev n thou h uc Y
within the knowledge or contemplation of either or both of the
parties at the time this contract was negotiated or executed.
ARTICLE XXII DURATION
This AGRL0 shall be effective as of January 1, 1983, except as herein
noted, and shall remain in full force and effect until the thirty -first day of
December, 1983. In witness whereof, the parties hereto have executed this
AGREMEPIT on this 14th day of January, 1983•
IN WITNESS THF,RETO, the parties have caused this AGREEPMT to be executed
this 14th day of January, 1983.
FOR CI 0 0 FOR LAW ENTMC12= LABOR SERVICES #82
i
APPENDIX A
1. WAGE RATES - 1983
Police Officer
After 36 months of continuous employment $2,223.87 per month
After 24 months of continuous employment c,)0% of After 36 months rate
After 12 months of continuous employment 80% of After 36 months rate
After 6 months of continuous employment 70% of After 36 months rate
Starting 'rate 65% of After 36 months rate
Sergeant /Corporal .$2506 per month
2. a. Employees classified or assigned by the ENTPLOYER to the following
job classifications or positions will receive ninety -five dollars
($95) per month or ninety -five dollars ($95) 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 RiIPLOYER will contribute up to a maximum of one hundred-twenty-
five dollars ($125) per month, per employee, for calendar year 1 983
for general health, life, long -term disability, including dependent
coverage.
b. If for 1983 the unit employees vote to use ten dollars ($10) of the
one hundred twenty -five dollars ($125) per month, per employee, of
health and life insurance for dental insurance for all unit
employees, then such ten dollars ($10) 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 82 for the period
beginning January 1, 1983 and ending December 31, 1983.
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
I. Permanent full -time employees shall earn vacation leave with pay as
per the following schedule:
0 through.5 years of service - 10 working days per year (5/6 day
per month)
6 through 10 years of service - ,15 working days per year (1-1/4
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 vacation leave may be taken. No
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 a
maximum of fifteen (15) working days of vacation leave. Employees
with more than five (5) but less than fifteen (15) consecutive
years of service (uninterrupted except for layoff not exceeding two
(2) years duration in any single layoff period) may accrue a
maximum of twenty (20) working days of vacation leave. Employees
with fifteen (15) consecutive years or more of service
(uninterrupted except for layoff not exceeding two (2) years
duration in any single layoff period) may accrue a maximum of*
twenty -five (25) working days of vacation leave.
5. Employees leaving the service of the IMPL,OYIR in good standing,
after having given the IIIPLOYM proper notice of termination of
employment, shall be compensated for vacation leave accrued and
unused. ;
B -1
ARTICLE B -III SICK LEAVE
1. Sick leave with pay shall be ranted to probationary and permanent
employees at the rate of one �1) working day for each calendar
month' of full -time service or•ma'or fraction thereof, � f exce 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. Immediate family shall mean brother,
sister, parents -in -law, 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 -in -law,
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 rate
of 'one -half (1 /2) d r month after on
day per e hundred twenty 20 tY ( ) days
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.
4 In order to be eligible for sick leave with
pay, an employee must: �
a. notify the DIPLOYER prior to the time* set for the beginning of
their normal scheduled shift;
b. keep the RIPLOYER -informed of their condition if the absence is
of more than three d a y s duration
(3) a,Y ,
c. submit medical certificates for absences exceeding three (3)
days, if required by the E@IPLOYER.
5• Employees abusing sick leave shall be subject to disciplinary
action.
ARTICLE B-IV SEVERARTCE
1. An employee shall give the HIPLOYER two (2) weeks notice in writing
before terminating his employment.
2. Severance pay in the amount of'one- third (1 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.
,
l B--2
ARTICLE B-V HOLIDAY LEAVE
r
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 -112)
Labor Day floating holidays
2. Fmployees 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.
3. An employee who works the day shift on Thanksgiving Day, Christmas
Day or Neer Years Day or the mid -shift or night shift on Christmas
Eve or New Years Eve 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 paragraph 3 above, overtime pay shall not
be authorized for employees for hours worked on holidays when such
work is part of the planned schedule.
ARTICLE B--VI LEAVES OF ABSFI CE
1. In cases of demonstrated need and where sick leave has not been
abused, the ' EPIPLOIER shall grant to employees a leave of absence
without pay for extended personal illness after the accumulative'
sick leave 'has expired. Such leaves of absence shall not exceed
ninety (cO) calendar days. Upon'granting such unpaid leave of
absence the DIPLCYER 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 (exclusive of
travel and expense pay) and his for regularly
scheduled workin€ hours lost because of jury service.
3. Employees ordered by proper authority to National Guard or Reserve
Military Service not exceeding fifteen (15) working days in any
calendar year shell be entitled to leave of absence without loss of
status. Such employees shall receive compensation from the
EMPLOYER equal to the difference between his regular pay rate and
his lesser military pay.
4. Fmployees called and ordered by proper authority to active military
service in time of war or other properly declared emergency shall
be entitled to leave of absence without pay during such service.
Upon completion of such service, employees shn.11 be entitled to the
ib 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
ARTICLE B -VII AGRE ?MENT IMPUTIFNTATION
1. • The EP-IPLOYER shall implement the terms of this AGRI IIaTIT in the
form of a resolution.-If the implementation of the terms of this '
AGRMMT require the adoption of a law, ordinance or charter
amendment, the J shall make every reasonable effort to
propose and secure the enactment of such law, ordinance, resolution
or charter amendment.
ARTICLE B - VIII PALSE ARREST INSURANCE
1. The DITP101M will provide each employee and pay 100% of the premium
due thereon, with. false arrest insurance.
ARTICLE B-IX SENIORITY
1. The 3.210YER 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 for new employees of*
twelve (12) months.
4• The MPLOYER 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.
ARTICLE B-X DISCIPLINE
1 Written reprimands exceeding five (5) years from occurrence shall
be purged from personnel files.
I
B -4
APPn DIX C ,
ARTICLE C -I
For.purposes of seniority under this contract, employees will have
seniority in the Brooklyn Center police bargaining unit from the date of
employment as set out in the following list:
Date of
Name Employment
Willard Dahlberg 1/11/60
Raymond Beach 1/8/62
Richard Handy 1/8/62
• LeRoy Christenson 1/2/63
Donald Sollars 1/2/64
David Shull 12/13/65
David Werner 12/13/65
Donald Spehn 1/17/66
Erland Shelley 9/5/67
Gregory Weeks 12/11/68
A. Paul Monteen 12/17/70
Richard Fryer 5/18/71
Stephen McComb 6/29/72
Joel Downer 1/2/73
John Ptak 1/17/73
Robert Dirks 7/5/73
,4 Leonard Harrell 12/17/73
Dennis Flaherty 5/28/74
Debra Christmann 7/1/74
M. Catherine Hennessy 7/7/75
David Grass 7/23/75
Paul McCullough 1/29/79
Walter Filson 7/9/79
Paul Ewald 10/22/79
Michael Kaulfuss 10/23/79
Darrell Kortan 11/5/79
Andrew (Fred) Moen 12/17/79
Clark Messenbrink 4/8/80
*subject to loss of seniority as per.ARTICLE 9.1
CIO
C -1
Lc Fevers
Lefler
Kcnncdy
O'Brien &
Dra%vz
A Profe%%ionaf
Atiwx iai wm
2000 First Bank Place west September 7, 1983
Minneapolis
Minnesota 55402
Telephone 612-333-0543
Clayton L. LeFevere Mr. Gene Hage l
Herbert P. Lefler City of Brooklyn Center
J. Dennis O'Brien 6301 Shingle Creek Parkway
John E. Drawz Brooklyn Center, Minnesota 55430
David J. Kennedy
John B. Dean
Glenn E. Purdue Dear Gene
Richard J. Schieffer
Charles L. Lefle III Enclosed is the final revision of the Ordinance giving the
Herbert P. Lefler III g g
Jeffrey J. Strand City Manager authority to regulate parks and prohibiting
Mary J. Biorklund glass beverage containers and prohibiting the. deposit of
John G. Kressel
Dayle Nolan garbage and litter in the parks Also enclosed is a copy
Cindy L.Lavorato of my memorandum to Mr. Splinter on the advisability of
Michael A. wash prohibiting swimming in Shingle Creek. I had previously
Luke R. Komarek
Joan N. Ericksen advised you by telephone or in person of the conclusion
Elizab th a Moran which we reached in that matter.
Brig ice
Lor . Clugg
Jame .Thomson, Jr. Please give me a call if you have any questions
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
Ric and J. j Sch — i ) effer
RJS /cd
Enclosures
cc: Gerald Splinter, City Manager
MEMORANDUM
TO: GERALD SPLINTER, CITY MANAGER
FROM: R. J. SCHIEFFER, CITY ATTORNEY _.
RE: ADVISABILITY OF PROHIBITING SWIMMING IN
SHINGLE CREEK COUPLED WITH ENFORCEMENT AUTHORITY
DATE: SEPTEMBER 2, 1983
You have asked me to determine whether it would be advisable
to pass an ordinance prohibiting swimming in Shingle Creek
and undertaking to enforce such a prohibition. Given the
continuing trend in governmental liability for negligent
enforcement of safety laws, I have concluded that such 'an
ordinance would not be advisable. •
The most recent Minnesota decision in this area is Hage v.
State 304 N.W.2d 283 (Minn. 1981) In that case, state
authorities had failed to inspect for, or enforce violations
of the state's fire code in a particular building. When that
building burned down, the heirs of those who died in the fire
sued the state and state agencies on the theory that their
negligent performance of fire inspection duties caused the
deaths. The Minnesota Court considered four factors in
determining whether there was governmental liability:
1. Did the government know of the dangerous condition?
2. Did the dead people reasonably rely on the governments'
representations and conduct?
3. Did the ordinance or statute set forth mandatory
acts clearly for the protection of.a particular
class of persons?
4. Did the governments' use due care to avoid increas-
ing the risk of harm?
Hage v. State at page 286.
The Court held that although the other factors may have been
present, factor 3 had not been established, because the fire
code was not enacted to protect the decedents, but to protect
the public as a whole. However, in a vigorous dissenting
Opinion, Justice Scott out that +the majority's dis-
tinction was fallacious, since in reality fire codes were
passed to protect the public as well as the inhabitants of
Potentially unsafe buildings. In that dissent Justice Scott
cites cases from jurisdictions across the country, which
i
indicate that the trend is towards holding governmental
entities liable for negligent enforcement of safety statutes.
See e.g. Wilson v. Hepstad 282 N.W.2d 664 (Iowa 1979);
Campbell v. Belione 85 Wash.2d 1, 530 P. _2d 234 (1975).
Additionally, the dissenting opinion (concurred in by three
other justices), pointed out that the. authority. for the
majority's "special duty to a particular class of persons"
was misplaced. Thus, the viability of that factor as a means
of escaping liability has been seriously questioned.
If those four factors are applied to a hypothetical drowning,
in Shingle Creek, and it is assumed that the City failed to
enforce the no swimming ordinance against the drowning victim,
liability is a distinct possibility. Certainly, the City is
aware of the dangerous condition, because one drowning has
already occurred. If the City posts a "no swimming, violations
will be tagged" sign, this may constitute reliance on the
City to prevent unauthorized swimming. Certainly the law is
designed for the protection of the public as a whole, and
also a particular class of persons (swimmers). If no enforcement
officer is on duty the City may be held accountable for
.increasing the risk of harm.
Given the recent trend in this area, and the Minnesota's
Supreme Court's division on this issue, it does not seem
advisable to expose the City to the possibility of liability.
However,
since it is clear that Shingle Creek '
g is or could be
dangerous, the City may wish to post signs advising Y P g g citizens
of that danger.
RJS /cd
f .
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CITY OF BROOKLYN CENTER
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 13
OF THE CITY CODE OF THE CITY OF
BROOKLYN CENTER BY REGULATING THE
USE OF CITY PARKS AND OPEN SPACE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS:
I. CHAPTER 13, PARKS AND RECREATION, is amended by deleting
the material enclosed in brackets and adding the material
indicated by underscoring.
Section 13 -101 DEFINITIONS For the purpose of this
ordinance the following definitions shall aBEly:
Glass Beverage Container - Any container used or designed
to store, transport, mix or consume beverages, which is
constructed using glass or any similar material which
shatters into shards upon impact.
Section 13 -102 CURFEW AUTHORIZED. No person unless
engaged in official City business shall enter upon or use any
park and recreation facilities of the City of Brooklyn Center,
including all Park and Open Space property, improved or not,
and all equipment and facilities thereon, between the hours
of 10:00 p.m. and 6:00 a.m. when such Parks and Open Space or
facilities are posted by sign noting the curfew hours; provided,
however, that such posting shall be by order of the City
Council. The fact that any person not engaged in official
City business as authorized or delegated by the City Manager
may be present in a posted Park and Open Space during said
curfew hours shall be prima facie evi e ce that said person
is there unlawfully.
Section 13 -103. ALCOHOLIC BEVERAGES PROHIBITED. No
person shall bring into any park nor possess, display, consume
or use intoxicating liquors nor nonintoxicating malt liquors
in any park unless a permit has been issued by the Director
of Parks and Recreation. Such permits shall be limited to
duly organized [nonprofit] local [civic] organizations operating
under a constitution and bylaws and which shall have been in
existence for at least one year.
[ Section 13 -114 PENALTIES. Any person violating the
provisions of this ordinance shall, upon conviction thereof,
be punished by a fine not to exceed five hundred dollars
($500) and by imprisonment not to exceed ninety (90) days.]
Section 13 -114 PROTECTION OF PERSONS AND PROPERTY
1. The City Manager is'hereby authorized to close an Park
and Open Space or aZ Eortion thereof, and any automobile
p arking area within or immediately adjacent thereto, for such
eriod of time as shall be necessary for the purposes stated
herein. The closing of any Park Open Space shall be by
written order of the City Manager, shal be op sted at appropriate
access points near the area closed by the order, and shall be
valid for the following purposes:
(a) To protect public properties such as a� ths, roads,
p arkin g lots, landscaping, construction and repair
projects, equipment, tools, and other property of
a similar nature;
(b) To protect wildlife, trees, rg ass waters, all
manner of natural habitat, and other objects of a
similar nature; _
(c) To protect persons, animals and property from
dangerous conditions in the Parks and Open Space;
(d) To protect against, to protect persons from, or to
terminate a Breach of the Peace, Assault, Unlawful
Assembly, Riot, Fighting and Brawling, Illegal Use
of Alcohol, Drugs, or Controlled Substances, Nuisance,
whether civil or criminal Trespass, whether civil
or criminal Disorderly Conduct, Terroristic Threats,
Excessive or Unreasonable Noise, Littering, and
similar activities or events.
2 It shall be unlawful and punishable as provided herein
f
or a
r
ny pe son to enter or remain in an area of a Park and
Open Space which has been closed by order of the City Manager.
Section 13 -115 GLASS BEVERAGE CONTAINERS PROHIBITED.
No person shall bring a Glass Beverage Container into a ny
Park and Open Space or the waters in or contiguous thereto,
nor use, possess or deposit the same therein, including
de osit in a trash conta ner, except under permit issued by.
the Director of Parks and Recreation under Se tsc on 13 -103
hereof. �.
Section 13 -116 CERTAIN DEPOSITS UNLAWFUL No ep rson
Shall enter a Park and Open Space or the waters in or contiguous
thereto for the purpose of depositing Garbage, Refuse, Rubbish,
9 - — ll, or waste Matter as defined in Section 7 -101 of the
Brooklyn Center City Code.
Section 13 -117. PENALTIES. And p erson violating the
provisions of this ordinance, upon conviction thereof, shall
be punished by a fine not to exceed hundred dollars
($700) or by imprisonment not to exceed ninety (90) days, or
o�th,together with the costs of prosecution.
-2-
ORDINADiCE NO.
adopted this day of 19
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
s
CHAPTER 13 - PARKS AND RECREATION
Section 13 -101 DEFINITIONS. For the purpose of this ordinance the
following definitions shall apply:
Parks and Open Space - Any area wherever located which is
reserved, designated, or used for active or passive recreation,
and which is owned, operated, or controlled by the City, or
which is located within the City but owned, operated, or
controlled by governmental overnmental unit.
Person - Any person, firm, partnership, association, corporation,
company or organization of any kind.
Motorized Vehicle - Any vehicle having a self- contained unit for
propelling the vehicle by means of converting stored energy.
Motorized vehicles include but shall not be limited to automobiles,
trucks, motor bikes, mini- bikes, snowmobiles, and battery
powered carts.
Section 13 -102. CURFEW AUTHORIZED. No person unless engaged in
official City business shall enter upon or use any park and recreation facilities
of the City of Brooklyn Center, including all park property, improved or not,
and all equipment and facilities thereon, between the hours of 10 :00 p.m.
and 6 :00 a.m. when such parks or facilities are posted by sign noting the
curfew hours; provided, however, that such posting shall be by order of the
City Council. The fact that any person not engaged in official City business
as authorized or delegated by the City Manager may be present in a poste
park during said curfew hours shall be prima facie evidence that said person
is' there unlawfully.
•
Section 13 -103 ALCOHOLIC BEVERAGES PROHIBITED, No person shall
bring into any park nor possess, display, consume or use intoxicating liquors
nor nonintoxicating malt liquors in any park unless a permit has been issued by
the Director of Parks and Recreation. Such permits shall be limited to duly
organized- nonpr-efit local -civic organizations operating under a constitution and
by- laws and which shall have been in existence for at least one year.
Section 13 -104. MOTORIZED VEHICLES PROHIBITED. No person unless
engaged in official City business or otherwise specifically authorized by the
City Manager shall operate a motorized vehicle in any park or open space
within the City of Brooklyn Center, except upon those areas that are designated
as roadways or parking areas or upon trails specifically designated-by the City
.Council for use by certain vehicles.
411
Section 13 -105 DAMAGING OR REMOVING PROPERTY PROHIBITED.
No person shall destroy, damage, mar, deface or otherwise injure any
or facilities in City arks or o
property YP en spaces. No person shall break P
cut, mutilate, injure, remove or carry away any tree, plant, flower, shrub,
rock, soil, sand, fence, benches, tables, or any other property or facilities
In City parks and open spaces.
Section 13 -106. TAMPERING WITH WILD LIFE PROHIBITED. No person
shall hunt, trap, kill, harm, nor maliciously frighten any wild life consisting
of animals, reptiles, or birds within any City park or open space.
Section 13 -107. SELLING PROHIBITED. No person shall sell any article
whatever in any City park or open space unless specifically authorized by the
Director of Parks and Recreation.'
Section 13 -108. POSTING OF SIGNS AND HANDBILLS PROHIBITED. No
person shall paste nor affix nor inscribe any handbill or poster or sign on any
structure or property in any City park or open space.
Section 13 -109. FIREWORKS PROHIBITED. No person shall discharge
any fireworks within the City parks and open spaces without the written
permission of the Director of Parks and Recreation and the Fire Chief.
Section 13 -110 CAMPING PROHIBITED. No person shall camp nor set
up tents, shacks trailers or any other temporary shelter for the purpose of
camping in any City park or open space.
Section 13 -111. UNAUTHORIZED GOLFING PROHIBITED. No person
shall play or practice golf nor use golf equipment of any kind in a City park
or open space except under the direct supervision of an employee of the
Department of Parks and Recreation or as a scheduled part of the City's park
and recreation program. '
Section 13 -112. ANIMALS TO BE LEASHED. No person shall allow his
dog or other domestic animal in a public park or open space without being
effectively restrained by chain or leash. No person shall allow defecations
from his dog or domestic animal to remain deposited upon City parks and open
spaces.
Section 13 -113. FIRES TO BE CONTROLLED. No person shall ignite a
fire in any park or open space except in places provided for such purposes.
Persons igniting a fire in a provided place shall completely extinguish such
fire prior to departing from the park or open space.
Section 13- 114: PENALTIES. Any person violating the provisions of
this ordinance shall, upon conviction thereof, be punished by a fine not to
exceed five hundred dollars ($500) and by imprisonment not to exceed
ninety (90) days.
LeFevere
Lefler
Kennedy
O'Brien &
Drawn
A Pmfexeiona)
Xvsmiation
2000 First Bank Place West September 7, 1983
Minneapolis
Minnesota 55402
Telephone 612-333 -0543
Clayton L. LeFevere Mr. ' Gene Hage 1
Herbert P. Lefler City of Brooklyn Center
J. Dennis O'Brien 63.01 Shingle Creek Parkway
John E. Drawz Brooklyn Center, Minnesota 55430
David J. Kennedy
John B. Dean
Glenn E. Purdue Dear Gene:
Richard J.Schieffer
Herbe L. LeFevere Enclosed is the final revision of the Ordinance giving the
Herbert P. Leffler IN g g
Jeffrey J. Strand City Manager authority to regulate 'parks and prohibiting
Mary J. Bjorklund glass beverage containers and prohibiting the deposit of
John G. Kressel
Dayle Nolan garbage and litter in the parks. Also enclosed is a copy
Cindy L. Lavorato of my memorandum to Mr. Splinter on the advisability of
Michael A. Nash prohibiting swimming in Shingle Creek. I had previously
Luke R. Komarek
Joan N. Ericksen advised you by telephone or in person of the conclusion
Elizabeth D. Moran which we reached in that matter.
Brian F. Rice
Lorraine S. Clugg
James J. Thomson, Jr. Please 'give me a call if you have any questions.
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
R Pard 'X j ' . j Sch -) ieffer
RJS /cd
Enclosures
cc: Gerald Splinter, City Manager
MEMORANDUM
TO: GERALD SPLINTER, CITY MANAGER
FROM: R. J. SCHIEFFER, CITY ATTORNEY
RE: ADVISABILITY OF PROHIBITING SWIMMING IN
SHINGLE CREEK COUPLED WITH ENFORCEMENT AUTHORITY
DATE: SEPTEMBER 2, 1983
You have asked me to determine whether it would be advisable
to pass an ordinance prohibiting swimming in Shingle Creek
and undertaking to enforce such a prohibition. Given the
continuing trend in governmental liability for negligent
enforcement of safety 'laws, I have concluded that such an
ordinance would not be advisable.
The most recent Minnesota decision in this area is Hage v.
State 304 N.W.2d 283 (Minn. 1981). In that case, state
authorities had failed to inspect for, or enforce violations
of the state's fire code in a particular building. When that
building burned down, the heirs of those who died in the fire
sued the state and state agencies on the theory that their
negligent performance of fire inspection duties caused the
deaths. The Minnesota Court considered four factors in
determining whether there was governmental liability:
1. Did the government know of the dangerous condition?
2. Did the dead people reasonably rely on the governments'
representations and conduct?
3. Did the ordinance or statute set forth mandatory
acts clearly for the protection of.a particular
class of persons?
4. Did the governments' use due care to avoid increas-
ing the risk of harm?
Hage v. State at page 286.
The Court held that although the other factors may have been
present,_ factor 3 had not been established, because the fire
code was not enacted to protect the decedents, but to protect
the public as a whole. However, in a vigorous dissenting
opinion, Justice Scott pointed out that the majority's dis-
tinction -was fallacious, since in reality fire codes were
passed to protect the public as well as the inhabitants of
potentially unsafe buildings. -In that dissent Justice Scott
cites cases from jurisdictions across the country, which
indicate that the trend is towards holding governmental
entities liable for negligent enforcement of safety statutes.
See e.g. Wilson v. Hepstad 282 N.W.2d 664 (Iowa 1979);
Campbell. v. Bellone 85 Wash.2d 1, 530 P. 2d 234 (1975).
Additionally, the dissenting opinion (concurred in by three
other justices), pointed out that the authority .for the
majority's "special duty to a particular class of persons"
was misplaced. Thus, the viability of that factor as a means
of escaping liability has been seriously,questioned.
If those four factors are applied to 'a hypothetical drowning,
g
in Shingle Creek, and it "is assumed that the City failed to
enforce the no swimming ordinance against the drowning victim,
liability is a distinct possibility. Certainly, the City is
aware of the dangerous condition, because one drowning has
already occurred. If the City posts a "no swimming, violations
will be tagged" sign,
this may a
gg g , constitute reliance on the
City to prevent unauthorized swimming. Certainly the law is -
designed for the protection of
g P the P ublic -as a whole and
also a particular class of persons (swimmers). If no enforcement
officer is on duty the City may be held accountable for
,increasing the risk of harm.
Given the recent trend in this area, and the Minnesota's
Supreme Court's division on this issue, it does not seem
advisable to expose the City to the possibility of liability.
However, since it is clear that Shingle Creek is or could be
dangerous, the City may wish to post signs advising citizens
of that danger.
RJS /cd
i
-2-
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13
OF THE CITY CODE OF THE CITY OF
BROOKLYN CENTER BY REGULATING THE
USE OF CITY PARKS AND OPEN SPACE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS:
I. CHAPTER 13, PARKS AND RECREATION, is amended by deleting
the material enclosed in brackets and adding the material
indicated by underscoring.
Section 13 -101 DEFINITIONS For the purpose of this
ordinance the following'defi.niti.ons shall apply:
Glass Beverage Container - And container used or designed
to store, transport, mix or consume beverages, which is
constructed using lg ass or any similar material - which
shatters into shards upon impact.
Section 13 -102 CURFEW AUTHORIZED. No person unless
engaged in official City business shall enter upon or use any
park and recreation facilities of the City of Brooklyn Center,
including all Park and Open Space property, improved or not,
and all equipment ,and - facilities thereon, between the hours
of 10 :00 p.m. and ,6:00 a.m. when such Parks and Open Space or
facilities are posted by sign noting the curfew hours; provided,
however, that such posting shall be by order of the City
Council. The fact that any person not engaged in official
City business as authorized or delegated by the City Manager
may be present in a posted Park and Open Space during said
curfew hours shall be prima facie ev'.idence that said person
is there unlawfully.
Section 13 -103. ALCOHOLIC BEVERAGES PROHIBITED. No
person shall bring into any park nor possess, display, consume
or use intoxicating.liquors nor nonintoxicating -malt liquors
in any park unless a permit has been issued by the Director
of Parks and Recreation. Such permits shall be limited -to
duly organized [nonprofit] local [civic] organizations operating
under a constitution and bylaws and which shall have been in
existence for at least one year.
[ Section 13 -114 PENALTIES. Any person violating the
provisions of this ordinance shall, upon conviction thereof,
be punished by a fine not to exceed five hundred dollars
($500) and by imprisonment not to exceed ninety (90) days.)
Section 13 -114 PROTECTION OF PERSONS AND PROPERTY
1. The City Manager is hereby authorized to close any Park
and Open Space or any portion thereof, and any automobile
p arking area within or im mediately adjacent thereto, for such
p eriod of time as shall be necessary for the purposes stated
herein. The closing of and Park and Open Space - shall be by
written or of the City Manager, shall `be op sted at appropriate
access poi s near the area closed by the order, and shall be
va d for the follow ni g purposes:
(a) To protect public properties such as paths, roads,
p arki ng lots lands caping, in g.
constru repair
projects, equipment, tools, and other property of
a similar nature;
(b) To protect wildlife, trees, grass, waters, all
manner of _ natural habitat, and other objects of a
similar nature;
(c) To protect persons, animals and property from
dangero conditions in the Parks and Open Space;
(d) To protect against, to protect persons from, or to
terminate a Breach of the Peace, Assault, Unlawful
Ass Riot, iot, Fi htin and Brawling, Illegal Use
Fig hting g� g
of Alcohol, — Drugs, or Controlled Substances, Nu a c
e
Whether civil or criminal, Trespass, whether civil
or criminal Disorderly Conduct, Terroristic Threats,
E }-cessive or Unreasonable Noise, Littering, and
similar activities or events.
2. It shall be unlawful and punishable as provided herein
for as erson to enter or remain in an area of a Park'
Open S ace which has been closed
bjD order of the y Manager.
Section 13 -115. GLASS BEVERAGE CONTAINERS PROHIBITED.
No
r
e son shall bran a Glass B
Pa rk __� _ _ everage Container into a_y
a
nd open Sp ace or _
_ the wat r
P P e s in or contiguous thereto.
nor use, possess or deposit the same therein, including
de osit in a trash cont a er, except under permit issued by.
the Director of Parks and Recreation under 9ect1on -103
hereof.
Section 13 - 116 . CERTAIN DEPOSITS UNLAWFUL No person
shall enter a Park and Open Space or the waters in or contiguous
thereto for the purpose of depositing Garbage, Refuse, Rubbish
Swill, or Waste Matter as defined in Section 7 -101 of the
Brooklyn Center City Code. —
Section 13 -117. PENALTIES. Any person violating the
provisions o f this ordinance, upon conviction thereof, shall
be punished a fine not to exceed seven hundred dollars
($700) or by imprisonment not to exceed ninet (90) days, or
o5�tfi, together with the costs of prosecution.
-2-
ORDINANCE NO.
adopted this day of , lg .
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
-3-
Section 13 -105 DAMAGING OR REMOVING PROPERTY PROHIBITED.
No person shall destroy, damage, mar, deface or 'otherwise injure any
property or facilities in City parks or open spaces. No person shall break,
cut,_ mutilate, injure, remove or carry away any tree, plant, flower, shrub,
rock, soil, sand, fence, benches, tables, or any other property or facilities
in City parks and open spaces.
Section 13 -106. TAMPERING WITH WILD LIFE PROHIBITED. No person
shall hunt, trap, kill, harm, nor maliciously frighten any wild life consisting
of animals, reptiles, or birds within any City park or open space.
Section 13 -107. " SELLING PROHIBITED. No person shall sell any article
whatever in any City park or open space unless- specifically authorized by the
Director of Parks and Recreation.
Section 13 -108. POSTING OF SIGNS AND HANDBILLS PROHIBITED. No
person shall paste nor affix nor inscribe any handbill or poster or sign on any
structure or property in any City park or open space.
Section 13 -109 FIREWORKS PROHIBITED. No person shall discharge
any fireworks within the City parks and open spaces without the written
permission of the Director of Parks and Recreation and the Fire Chief.
Section 13 -110. CAMPING PROHIBITED. - No person shall camp nor set
up tents, shacks, trailers or any other temporary shelter for the purpose of
camping in any City park or open space.
Section 13 -111. UNAUTHORIZED GOLFING PROHIBITED No person
shall play or practice golf nor use golf equipment of any kind in a City park
or open space except under the direct supervision of an employee of the
Department of Parks and Recreation or as a scheduled part of the City's park
and recreation program.
Section 13 -112. ANIMALS TO BE LEASHED. No person shall allow his
dog or other domestic animal in a public park or open space without being
effectively restrained by chain or leash. No person shall allow defecations
from his dog or domestic animal to remain deposited upon City parks and open
spaces.
Section 13 -113. FIRES TO BE CONTROLLED. No person shall ignite a
fire in any park or open space except in places provided for such purposes.
Persons igniting a fire in a provided place shall completely extinguish such
fire prior to departing from the park or open space.
Section 13- 114. PENALTIES. Any person violating the provisions of
this ordinance shall, upon conviction thereof, be punished by a fine not to
exceed five hundred dollars ($500) and by imprisonment not to exceed
ninety (90) days. ,
CHAPTER 13 - PARKS AND RECREATION
Section 13 -101. DEFINITIONS. For the purpose of this ordinance the -
following definitions shall apply;
Parks and Open Space - Any area wherever located which is
reserved, designated, or used for active or passive recreation,
and which is owned, operated, or controlled by the City, or
which is located within the City but owned, operated, or
controlled by another governmental unit.
Person - Any person, firm, partnership, association, corporation,
- company or organization of any kind.
Motorized Vehicle - Any vehicle having a self- contained unit for
propelling the vehicle by means of converting stored energy.
Motorized vehicles include but shall not be limited to automobiles,
trucks, motor bikes, mini- bikes, snowmobiles, and battery-
powered carts.
Section 13 -102. CURFEW AUTHORIZED. No person unless engaged in
official City business shall enter upon or use any park and recreation facilities
of the City of Brooklyn Center, including all park property, improved or not,
and all equipment and facilities thereon, between the hours of 10:00 p.m.
and 6:00 a.m. when such parks or facilities are posted by sign noting the
curfew hours; provided, however, that such posting shall be by order of the
City Council. The fact that any person not engaged in official City business
as authorized or delegated by the City Manager may be present in a posted
park during said curfew hours shall be prima facie evidence that said person
is* there unlawfully.
Section 13 -103. ALCOHOLIC BEVERAGES PROHIBITED. No person shall
bring into any park nor possess, display, consume or use intoxicating liquors
nor nonintoxicating malt liquors in any park unless a permit has been 'issued by
the Director of Parks and Recreation. Such permits shall be limited to duly
organized nonprofit local civic organizations operating under a constitution and
by -laws and which shall have been in existence for at least one year.
Section 13 -104. MOTORIZED VEHICLES PROHIBITED. No person unless
engaged in official City business or otherwise specifically authorized by the
Cited Manager shall operate a motorized vehicle in any park or open space
within the City of Brooklyn Center, except upon those areas that are designated
as roadways or parking areas or upon trails specifically designated by the City
Council for use by certain vehicles
f? �,� , ' � , �� ter` �.`' �• �, ' �t ��.,. w. ' - ../�
y
• tom`
f
ft 'r
P
V
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING ASSESSMENT OF STORM SEWER IMPROVEMENT
PROJECT N0. 1980 -24 AGAINST TRACT R, REGISTERED LAND SURVEY
NO. 1382 TO THE HENNEPIN COUNTY TAX ROLLS
WHEREAS, on December 21, 1981, the Brooklyn Center City Council
did continue the special assessment hearing for the assessment of $23,833.42
on Tract A, Registered Land Survey No. 1382 for Storm Sewer Improvement
Project No. 1980 -24 upon receipt of a letter of protest from Brooklyn Center
Development Company, owner of said Tract A; and
WHEREAS, said special assessment hearing was reconvened on September
25, 1983, and subsequently continued until October 3, 1983; and
WHEREAS, said special assessment hearing was reconvened on October 3,
1983, for the purpose of determining benefit received by said Tract A from the
construction of said Improvement Project No. 1980 -24; and
WHEREAS, the Brooklyn Center Development Company has withdrawn said
protest of the special assessment on said Tract A for said Improvement Project
No. 1980 -24:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. Such proposed assessment of $23,833.42 is hereby approved and
shall constitute the special assessment against Tract A, Registered
Land Survey No. 1382, and said tract of land is hereby found to
- be benefited by said improvement in the amount levied against it.
2. Such assessment shall be payable in accordance with the following
schedule:
Improvement Project No. 1980-24, Levy No. 9198 - 20 years
The first of the installments shall be payable on or before the
first Monday in January, 1984, and shall, bear interest at the
rate of twelve percent per annum from October 1, 1983, until the
amounts have been paid in full. To the first installment shall
be added interest on the entire assessment for fifteen months from
October 1, 1983, until December 31, 1984. To each subsequent
installment when due shall be added interest for one year on all
unpaid installments.
The owner of said property so assessed may at any time prior to
certification of the assessment to the County Auditor,'pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is,paid within 30 days from
the adoption of this resolution; and he may, at any time there -
after pay to the City Treasurer the entire amount of the
assessment remaining unpaid, with interest accrued to December
31 of the year in which such payment is made. Such payment
must be made before November 15, or interest will be charged
through December 31 of the succeeding year.
RESOLUTION NO.
t
t, 3. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
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:
E and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
EIRN 7
B ,. i.
130 State Capitol St. Paul, Minnesota 55155 612 -296 -3391
[" ^ "'T..wsf.n ++1a +TS'C• v .f 1'^.'T.".DS.T%n.T .- Z...r...vlM.+.'M +.'v. ^.a. ^Rw^IrW'M a "^.w•#vw
OJrr: .a.+4•..ruu .r!v�..vWum•nw..."u -. ti"". I:r: J .bx..:m+..s...rr.rc..w:....rr. tar`$. �. M: A� :YWr.Ya.rSru;.ar,Y..titi].waYar. ti4•YY�*rrr "'°,
For i:nme:3iate release Contact: Gerry Nelson
Wednesday, September 21, 1983 296 -0047
GOVERNOR, LEGISLATORS URGE.
RESTORED LOCAL AID CU'T'S
ST. PAUL - Governor Rudy P erpi.ch and two legi-lative leaders
pledge-' today to seek restoration of $3 .5 million in local government
aid payments in the 1984 leg]'_sl.ative session.
Cuts of that amount would be made in state --aid payments to
local governments during 1984 unless action is taken.
Sen. Douglas Johnson, DFL -Cook, chairman of the Senate Tax
Committee, and Rep. John Tomlinson, DFL - St. Paul, chairman of the
House Tax Committee, joined the governor in recommending the cuts
be restored.
The three officials said that when local government aids were
approved in the 19b3 session, it was felt that an appropriation
wou'_d be suff' .lent to fund the local govern: aid forriula adopted
by the Legislature. As it turned out, the amount set aside fell
$3.5 million s of fulfilling the formula.
Because of this, the state Revenue Department has notified
318 communities that they will receive less than expected in state-
aid payments during 1984.
This could result in these communities having to levy higher
than expected property taxes. If the cuts are restored, local
taxpayers will not be faced with these property tax increases
(more)
Local government aids are paid in six installments, the first
due on July 1. The schedule allows time for the 1984 Legislature to h
correct the problem.
However, because cities must set their 1984 tax levies during
October, they are faced with making an early decision on how to handle
the shortfall in state -aid payments.
Cities may choose to levy less in 1984 in anticipation of
the aid restoration, or they can reduce their 1985 levy by the amount
of the aid restoration and pass this savings on to property owners.
Johnson and Tomlinson said they will seek support from other
members of the Legislature for the $3.5 million aid restoration.
Perpich said his recommendation is contingent upon advice
from the state Finance Department that funds will be available
Editors:
For additional information, contact John Haynes, Finance Department,
297- 3887; Sena Johnson or his aide, Keith Carlson, 296 -4901, or Rep.
Tomlinson, 296 -4259.
_... ._ ..._..._ ,...__., _ _ ... .. ... , _..__ •_, rte,.,. „,
s er na te ,
September 8, 1983 state Of NjlllIleSUtii
TO: Senator Doug Johnson
FROM: Keith Carlson
RE: Shortfall in Local Government Aid Appropriation
Attached is a table prepared by Senate Research detailin cit b
the ` ai. � au t•.,, t g Y Y —city
t
198 d reduction d to the shortfall it the local government id
'appropriat`on ". - a -
The tOt:% "�,. ��'O�triOrion" shortfall O` $3,_-51,749 is largel the result
of five fac. ors. These f;:ctor.s can b'z-. categorized by what part of the
The first category is factors that increase the local revenue base.
Since, a cor...c.t, ty's local revenue base establishes its initial aid
entitle .`rtt ..:moo ` subt raction of its loca effort 'Filly factor that
tends to inc_ :i5 its 1 >aSe will generaliyy increase the amount Of aid
and /or the of money necessary o achieve full funding. The
second ;:,tr_� ;: , is factors that decrease local effort. Since the amount
raised by It `?1 times a Cor:'itunit 's equaliz as s essed value is
Y q d s ,
subtrac,tec! -from the cormi!nity's local revenue base or initial aid entitlement,
any factor Lr•zt reduces equalized assessed value increases the amount of
money necessary to achieve full funding.
The five factors by the above categories are as follow .
I. Factors Aiffecti.ng the Local Revenue Base
A. Incrt:a�_e in :Attached Machinery Aid and Reduced Assessment Credits
from 1932 to 1983
Per the language 'of the tax bill, the 1983 attached machinery aid
and reduced assessment credits were addeu to the communities'
local revenue bases used to determine their 1984 aid. The estimates
had been based upon 1982 data. Addin- the larger 1983 amounts to
the cities' local revenue bases r-2sulted -in $376,000 of additional '
aid entitlement and /or undet
lt, Now Brighton Well. Amrndr.ent
The increase in new Brighton's joc t; 'revetuc
c,l tht
4 or b, tsc� by QRl fout'th
;iri l i ink; t•:,•l is to r.�i�l;tci
tlinz;e CC ?I'.l'G hl flaz 1rCous Rot. taken IRl.O itC'Chl:llt in
t
pa£;c 2
determining the amount of money necessary to fully fund the formula.
The amendment resulted In $174,000 of underfunding.
-C. Adjustrient of Local Revenue Base by Larger of Household or
Population Increase
On the insistence ,,i
i of suburb ,,n house members, the formula provided
for increasing the'lo. 1 revenue
ca base b 1
1, the larger y & er of the increase
in households or populations. The estimates were only based on
population adjusted local revenue bases. This resulted in $930,000
of underfunding. Included within this figure is about $203,000 of
shortfall resulting fro: the use of 1983 data for the metropolitan
cities. The estimates were based on 1.982 data for all cities.
D. A*zendmient to Increase Local Revenue Bases by Hypothetical Reduced
Assessment Credit for Projects Approved But Not Built yet.
This provision was not taken into account by the estimates and
caused an $833,003 shortfall.
II. t•actc_.. A :sting Local Effort
A. InCre_Se in Sales Ratio from 1981 to 1982
A ca ^wunity's equalized assessed value is determined by dividing
its assessed value by its sales ratio. As a result any increase in
the sales ratio results in a reduct in the community's equalized
assesszu vale -e anti the amount raised by multiplying the equalized
ass- ss-_ value by 10 mills. The estimates anticipated no significant
c`:ancges in the sales when in actuality they increased an
avera e .f about ten percent. This resulted in $859,000 of
uli lerfLilain .
As far as solving the shortfall problem in future years, you actually do not
need to do a thing. This is because under current law the appropriation for
local goverr. -2nt- aids is open and standing and will provide whatever amount
Of money is necessary to fully fund the forrr,ula. .The reason the - shortfall
occurred for 1984 is because the legislature placed a cap of $246.2 million
on the open and standing appropriation for the cities' local government aid.
Full funding required $249.7 million as the lava reads currently, no caps exist
for 1985 and subsequent years. If you are uneasy with not capping the
appropriation, on you call, at the risk of suffering shortfalls ill future years.
If you return to the previous manner of spreading the shortfall over all the
local governments (or just cities if you choose) then the reduction that any
one local overn:zent will suffer will be nominal in percentage terms.
g p o
Hoover, lame local government aid recipients like Minneapolis could see
large dollar (although nominal percentage) reductions in aid.
tt'iLI,tA1I 1'. I,U'ill [�,It
A%sklant MaioriO' I_cadvr
Senawr 47th District
205 State Capitol
St. patil. 5linnewta 5515$
Telephone: 29 8809
State of Minnesota
September 26, 1983
Ms. Mary Jane Gustafson, Editor
Brooklyn Center Post
8801 Bass Lake Road
Minneapolis, MN 55428
Dear Mary Jane:
I'm sending you a couple of documents that may be helpful in
understanding the 1984 local government aid cuts.
The first document is a copy of a press release that Governor
Perpich released last Wednesday. Second, I've enclosed a memo
from Keith Carlson, the Senate Tax Committee aide to Senator
Doug Johnson, Chairman of the Senate Tax Committee. The memo
outlines the reasons for the shortfall in the 1984 appropriation.
If there is anything else that I can help you with, please do
not hesitate to give me.a call.
Sincerely,
100 y
' Ro Kopp
enclosures
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• Vice Chairman. Elections and Ethics