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HomeMy WebLinkAbout1983 01-10 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER January 10, 1983 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - December 20, 1982, October 4, 1982 5. Employee Service Recognition Program -This is the fourth annual presentation by the City Council of service awards to City employees to recognize years of service to the City. 6. Presentation to Brooklyn Center High School Football Team - Resolution in recognition of State Class A football championship. 7. Presentation to Ms. Vi Lewandowski - Resolution accepting gift and expressing appreciation for City flag. 8. Adjourn 1982 Council 9. Administer Oath of Office 10. Call to Order 1993 Council 11. Roll Call 1983 Council 12. Open Forum 13. Select Mayor Pro tem 14. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 15.' Mayoral Appointments: a. Conservation Commission b. Housing Commission c. Human Rights Commission d. Park and Recreation Commission e. Traffic Safety Advisory Committee f. Weed Inspector *16. Designate Official Newspaper - Brooklyn Center Post 17. Resolutions: *a. Designating of Depositories for City Funds * under Contract 1982 -A (Well No. 6 Reconditioning b. Accepting Work Performed u , .p g Project No. 1982-01) *c. Approving Specifications and Directing Advertisement for Bids for Four - Wheel Drive Sidewalk Plow -This item was approved in the 1983 Budget. *d. Calling for Public Hearing for Industrial Revenue Bonds for Byerly's e. Accepting Bid and Awarding Contract for Purchase of Reversible Snow- plow for Use with Tandem Truck, and Appropriating Funds Therefor f. Endorsing Development of Joint Powers Agency to Function as a Watershed Management Organization for the Shingle Creek Watershed g. Approving Agreement with Brauer and Associates, Ltd., Inc. for Professional Services for the Purpose of Obtaining a U.S. Army Corps of Engineers Permit for the Purpose of Constructing a Municipal Golf Course Adjacent to Lions Park *h. Approving Specifications and Authorizing Advertisement for Bids for Closed Circuit TV for Police Department *i Designating Representative and Alternate Representative to the Association of Metropolitan Municipalities *j. Expressing Recognition of and Appreciation for the Dedicated Public Service of Mrs. Dawn Kiefer k. Approving Geometric Changes at the Intersection of Brooklyn Boulevard and 56th Avenue *1. Ordering Abatement of Unsafe, Unsanitary, and Hazardous Conditions 18. Public Hearing on Proposed Assessment for Kylawn Park Water Main Improvement Project No. 1982 -06 (Water main construction through Kylawn Park to serve Twin Lake North Apartments) - 8:00 p.m. - Notices have been sent to the affected property owner and notice has been published in the City's official newspaper. a. Resolution Adopting Assessment of Improvement.Project No. 1982 -06 19. Discussion Items; a. France & 100 Study -The staff will be prepared to discuss this item at the meeting. *20. Licenses 21. Adjournment MIN UTES S .` 011`,' ate' 'rills CITY COUNCIL OF TIM CITY 01' 131 _00 Y ; ,. ,1 11' ;. tic TIM COUNTY OF l ,.;. 'I i ! 11i ` < ;' 0 }'' Ct T OUt E rl 1902 -r CITY KfjJ, CALL TO OBVER a r: A in rc<�Yzlar session and was caller} to order } - c , oc;r�1�'r� CE_. City Council M a y or D e an Nyquist at 7 :05 p.m. M ayor yor Wan Nyqu F _. r h T heis. Als t "� r , �_ �._ Sc Bill Hawes, an lv`1C"21 `l., i_.�o fey ent w ere � P- -._ e L 1.c.icy l7:=L Gerald p _.�, - Director of Public Works Sy 1ncTp Director of Finance Paul I olmiund, C ity Attorney Richard Schie f e'r, City Assessor c. -, ,�.r.. " %vim e �1i "Cl 1_�.:�(1 h'.t �l i�,�..:!., . Peter L;:C�t,l =" �al_� .�c..,..� �_.w_s- �.c_ivc� Assist _� Gary Sht�:11�, c y T��ayi3�. Nyq uist noted that t.GlxJ. G? .. -`b �.a _, )l�.r. ?�, would �? c,��S _ fr_�, i,, c'S%en.i2i'y meeting INVOCATION 1:_{ e _T_tr <_ t 1o1. was of fer ed 1_.y Counclinowhur Theis OPEM uh M Mayor Nyquist I".CY tc'd he had not rec Lved any requests to uss the Open Forum session this evening. He inquired of the au3icnce if there Was anyone present who wished to address the Council. There be ing none, he proceeded with the regular agenda. items APPROVAL OF CONSENT AGENDA The City Manager stated Lila:. the &m1T,;e1T device license for General Cinema was deleted from the l.icensc � ' �.eet Y�ec.� >�.AS:� they had not suer ?rwtt_ec a cony of their lease agreement as required by the ordinance. He added that the Council could approve the license contingent on suh ittal of the lease agreement. 1'e also stated i that the .�a �, reco��s nu � .a the _ u� �?• E staff - .... i..i<<�� �:� <_ gambling lict:.b;sc: for 'c.:e E a rl e i;ro:'an PTA b , added to the agenda. Mayor Nyquist inquirer whether or not any of the Council members requested any items remo,-ed from the Consent Agenda.. None of the Council members requested any items re moved :. 2 Om the Consent Agenda. Mayor Nyquist proceeded With the regular agenda items. ms . ..nOVAi OF MINU - AUrUST 23 1902 There was a. motion by Co lnciliit_mb 7. Scott and seconded by CouncilmC'_mber Hawes to approve the minutes of tho City Council Meeting oi August 23, 1982 as submitted. Voting in favor: Mayor Nyquist, Counci1i, embers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RE OT U 1' O NO. 82 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET The motion for the adoption A the forogoing resol"tion was duly seconded by member Bill Hawes, and upon von o being taken thereon, the following voted in favor thereof: Dean Nyquist, Cilia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and ado pod. RESOLUTION NO. 82-195 Celia Scott troducod the followinq xosolution and moved its adoption: RESOLUTION EXPRFS2ING RECOGNITTON OF TVt: Cq icof FbNugulk, 19S2 MINNESOTA MISS T.E.Z.N. The motion for the adoption of thc foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken the?_ con, the following voted ill favor thereof: 'Dean Nyquist, Ceiia Scott, Bill Fawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution Was ,declared duly passed and adopted. APPOTNTIMNT OF ELECTION JUDGES FOR NO NI: GKNAPAL FL1 CT1014 "here was a motion by Councillnewber Scott and seconded by Councilmomber Hawes to approve the appointment of election judges for the November 2, 1.982 general eleccion as per tha IM submittal by the City Clerk. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. LICENSES , , a_s a 7notion by Counctivember Scott ana seconded by Councilmawnar Hawes to appro-o tva following list of licences: 1TINEKOT 709 b�ooklyn Cenner High ,c Baila Brown PTA NONVERISEKSIE VENDING - &nHIN? Kcy= 5712 Marqan Kv 1" DCI'1t 7�� U50 02catur Avcru(�� National Amu semenu Compony 3924 Louisiana Circlas Punkin Vending 3501 52nd Avenue N. 12VICE 00�nATGP VJG'�X�: Lynbruak Bowl, 635W N. i 110C oriw� tO-4-82 -2- AMU SEMENT DEVICE - OPERATOR LICENSE (CONTINUED General Cinema Corp. of MN, Inc. d /b /a/ Brookdale E. Cinema 5801 John Martin Dr. Farrell's 5524 Brooklyn Boulevard Pontillo's 5937 Summit Drive Sears, Roebuck & Co. 1297 Brookdale Center Beacon Bowl 6525 Lyndale Avenue N. Show Biz Pizza 5939 John Martin Drive Chuckwagon Inn 5720 Morgan Avenue N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Earle Brown Bowl 6440 James Circle North Holiday Inn 1501 Freeway Blvd. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the amusement device license for General Cinema contingent on submittal of General Cinema's lease agreement to the City. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED RESOLUTION NO. 82 -196 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONTRACT 1982 -0 (CHLORINE ROOM /STORAGE ROOM IMPROVEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -197 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 1 FOR WATER TOWER REPAINTING CONTRACT 1982 -G (IMPROVEMENT PROJECT NO. 1982 -15) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dear. Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the City- Manager to Write- Off Uncollectible Accounts Receivables. The City Manager explained the City will still attempt to collect the accounts receivables but that the resolution 10 -4 -82 -3- '.t is being submitted due to the auditor's concern at the length of time the list of uncollected receivables have been kept on the books. The Director of Finance stated that the City has not written any accounts receivables off the books since 1970, and that the auditor is recommending they be written off so that they can be reversed out of revenue. He explained the receivables fall under three major categories, one being the lawsuit against the Metro Sewer Board over SAC charges. He explained that other cities joined in with the City of Brooklyn Center in the lawsuit but that the total expenses exceeded the authorized amounts set by the other cities. The second category of accounts receivables was security for the Howe site and in a third category, $9,000 in expenses were incurred due to the required immediate hookup of homes to City water as a result of the Howe fire. ?le explained the homes were next to the Howe site and that the emergency situation and hookup was ordered by the State Health Department. He added that the City will still attempt to collect these receivables but that it should be recognized that it will be difficult and, therefore, the staff is recommending they be written off. The City Manager explained that some of the businesses on the list have paid but that their have been credited businesses dit d to another account. He added that when bus nos s e payments e nothe cc a e do not submit an invoice with the a ment the pay is credited to accounts P Y P Ym receivables and it cannot be broken out, and as a result the bills have been paid but it does not show on the books. He added that the auditors have suggested j this procedure to write them off. i RESOLUTION NO. 82 -198 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLES The motion for the adoption of the foregoing resolution was du seconded b g g Y Y member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dear_ Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none whereupon said resolution was g P declared duly passed and adopted. DIS CUSSION ITEMS EFFECT OF H OMESTEAD CREDIT ON THE CITY OF BROOKLYN CENTER The City Manager reviewed for Council members how a relatively small increase in the municipal budget could result in a much larger tax bill for residents. He explained the reason for this is the relationship of the taxing jurisdiction to the maximum homestead credit. The City Assessor explained that the state now contributes 58% to a maximum of $650 of taxes for homestead property. He pointed out that in 1981 the average homestead credits were under the maximum $650 but that in 1982, because the mill rate increased, and because the valuation went to a maximum value, the maximum homestead credit was reached and even surpassed. He explained that currently, two of the school districts in the City are over the maximum credit and two are under, and that next year, with a projected 10% no- growth increase, all of the districts will be over the maximum credit. He cited an example where the gross 10 -4 -82 -4- tax is now $1,100 and with a loo increase an additional $110 would be added. He explained that under the current homestead credit system a maximum of 58% of the taxes on homestead property will be paid by the State up to a maximum of $650. In the example, he explained that 580 of the gross tax is $701 and that exceeds the $650 maximum. He stated the intent of the legislature now appears to make property tax a progressive tax so that as the value of property goes up, so do the taxes. He added that the tax over the maximum credit is paid at a dollar for dollar tax. The City Manager explained that, since District 286 is under the maximum homestead credit, a dollar for dollar increase in District 286, as compared to other districts this year, will have less impact on taxes than in the other districts. RECESS The Brooklyn Center City Council recessed at 7:45 p.m. and reconvened at 8:00 p.m. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR NOXIOUS WEED CONTROL - The City Manager explained that notices of the special assessments had been sent to affected property owners, and that the notice of the public hearing on special assessments for noxious weed control had been published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for noxious weed control and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on special assessments for noxious weed control. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 82 -199 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON SPECIAI. ASSESSMENTS FOR ABATEMENT OF UNSAFE AND UNSANITARY CONDITIONS AT 6213 BEARD AVENUE.NORTH_ Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for abatement of unsafe and unsanitary conditions at 6213 Beard Avenue North, and inquired if there was anyone present who wished to address the Council. No one appeared to speak at the public hearing and the Mayor entertained a motion to close the public hearing. i i 10 -4 -82 -5- There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on special assessments for abatement of unsafe and unsanitary conditions at 6213 Beard Avenue North. Voting in favor: Mayor Nyqui Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passe RESOLUTION NO. 82 -200 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING THE COST OF HAZARD ABATEMENT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon °vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was i declared duly passed -and adopted. ORDINANCES AN ORDINANCE AMENDING CHAPTERS 34 AND 3 OF THE CITY ORDINANCES WITH RESPECT TO HOME OCCUPATIONS The City Manager explained this ordinance was first read on September 13, 1982, published on September 23, 1982, and is offered for a second reading this evening. He explained a public hearing has been scheduled on the ordinance for.8:00 p.m. this evening. He explained the ordinance amendment will allow permitted home occupations in all residential zoning districts as accessory uses, and pointed out that currently, permitted home occupations are allowed in Rl, R2, and R3 zones and that this ordinance would permit the home occupations in zones through R7. 0 Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapters 34 and 35 of the City Ordinances with Respect to Home Occupations. The Mayor recognized Ms. Jennifer Le, 508 -69th Avenue North, Apt. 115. Ms. Le stated that she is in favor of the ordinance, that she lives in an apartment in Brooklyn Center, and that Brooklyn Center is the only City in the area with a prohibition against home occupations in multiple family areas. She added that licensed day care must be approved by Hennepin County and she proceeded to review the Department of Public Welfare rules regarding licensing requirements for day care. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapters 34 and 35 of the City Ordinances with Respect to Home Occupations. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 82 -1.3 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 34 AND 35 OF THE CITY ORDINANCES WITH RESPECT TO HOME OCCUPATIONS i 10 -4 -82 -6- The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT TO OUTSIDE STORAGE IN THE I -1 ZONING DISTRICT The City Manager explained this ordinance was first read on September 13, 1982, published on September 23, 1982, and is recommended for a second reading this evening. He added that a public hearing on the ordinance has been scheduled for 8:00 p.m. this evening, and that the ordinance amendment addresses the subject of limited outside storage in the I -1 zoning district. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances with Respect to Outside Storage in the I -1 Zoning District and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances with Respect to Outside Storage in the I -1 Zoning District. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: r none. The motion passed. ORDI NANCE NO. 82 -14 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT_ TO OUTSIDE STORAGE IN THE I -1 ZONING DISTRICT The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the sane: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REZONING CERTAIN LAND TO THE R3 CLASSIFICATION The City Manager explained the ordinance was first read on September 13, 1982,_ published on September 23, 1982, and is recommended for a- second reading this evening. He explained the public hearing on the ordinance has been scheduled for 8:00 p.m. this evening, and that the ordinance amendment is the final step in rezoning the land authorized through the approval of Planning Commission Application No. 82020 submitted by Hussman Investment Company on August 30, 1982. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Rezoning Certain Land to the R3 Classification. He inquired if there was anyone present who wished to 10 -4 -82 -7- speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. 0 There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Rezoning Certain Land to the R3 Classification. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 82 -15 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING, CHAPTER 35 OF THE CITY ORDINANCES REZONING CERTAIN LAND TO THE R3 CLASSIFICATION The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY O WITH RESPECT TO MINIMUM DISTRICT REQUIREMENTS AND SPECIAL REQUIREMENTS IN THE C2 ZONING DISTRICTS The City Manager explained the ordinance was first read on September 13, 1982, published on September 23, 1982, and is recommended for a second reading this evening. He explained a public hearing on the ordinance has been scheduled for 8:00 p.m. this evening, and that the ordinance relates to various recommended changes in the C2 zoning district and also applies to C1, Cla, R4, R5, R6, and R7 zoning districts. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances w:.th Respect to Minimum District Requirements and Special Requirements in the C2 Zoning Districts. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances with Respect to Minimum District Requirements and Special Require- ments in the C2 Zoning Districts. Voting in favor: Mayor Nyquist, Councilmembers, Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE_ NO. 82 -16 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES WITH RESPECT TO MINIMUM DISTRICT REQUIREMENTS AND SPECIAL REQUIREMENTS IN THE C2 ZONING DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in 10 -4 -82 -8- 4 favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis7 and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. GAMBLING LICENSE APPLICATION - EARLE BROPRQ PARENT TEACHER ASSOCIATION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve an application for a Class B gambling license from the Earle Brown Parent Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to waive the $10,000 fidelity bond for the gambling license for the Earle Brown Parent Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8:24 p.m. Clerk Mayor 10 -4 -82 -9- t MINUTES OF TIIE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 20, 1982 CITY MALL C ALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning t Inspection Ron Warren, City Attorney Richard Schieffer, Chief of Police James Lindsay, Assistant City Engineer James Grube, and Admin- istrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Father Shea of St. Alphonsus Catholic Church. OPEN FORUM Mayor Nyquist noted he had received a request to use the Open Forum session this evening from Pastor Roger Carlson, 5557 Logan Avenue North. The Mayor explained that the subject which Pastor Carlson desired to discuss ,.ould be addressed later in the agenda and requested that Rev. Carlson speak at that time. CONSENT AGENDA Mayor Nyquist inquired whether any Council members requested any items removed from the Consent Agenda. Councilmember Lhotka requested that items 17 and 7b be removed from the Consent Agenda. Mayor Nyquist requested that items 10f and l0e be removed from the Consent Agenda. FINAL PLAT APPR OVAL - HI CREST SQUARE EST 2ND ADDITION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the final plat of Hi Crest Square Estates 2nd Addition (Resubdivision of Outl.ots A -F of Hi Crest Square Estates - Planning Commission Application No. 82043) subject to review and approval of the Abstract of Title and Homeowners Association documents. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PERFORMANCE BOND RELEASE - HOWE, INC. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to authorize the release of the performance guarantee for Howe, Inc., 4821 Xerxes Avenue North in the amount of $27,800. Voting in favor: Mayor Nyquist, Council- members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 82 -236 Member Rich Theis introduced the following resolution and moved its adoption: 12 -20 -82 -1- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE PURCHASE OF 30,000 GVW TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -237 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A HEATED BITUIMINOUS HOPPER The motion for the adoption of the foregoing resolu'-ion was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RES OLUTION NO. 82 -238 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and 0 the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPROVAL OF MINUTES - R SESSIO DE CEM B ER 6, 19 SPECIAL S SEPTEMBER 20, 1982, REGULAR SESSIOI, SEPTEMBER 27, 1 982 There was a motion by Councilmember Lhotka and. seconded by Councilmember Theis to approve the minutes of the City Council meetings of December 6, 1982, September 2.0, 1982, and September 27, 1982 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. FINAL PLAT APPROVAL - P.B.C. 2 ND ADDITIO There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the final plat of the P.B.C. 2nd Addition (resubdivision of parcels located at 6120 Brooklyn Boulevard and 6117 and 6123 Beard Avenue North, Planning Commission Application No. 81046). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 82 -239 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT FOR P.B.C. SECOND ADDITION 12 -20 -82 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. FINAL PLAT APPROVAL - DA AND _D AVIES 3 RD ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the final plat of Dale and Davies 3rd Addition (resubdivision of two parcels located at Dale Tile - France and Lakebreeze Avenues - Planning Commission Application No. 82001) subject to review and approval of the Abstract of Title by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS FOR 1983 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reappoint the following individuals to serve another term on their respective Commissions: Human Rights Commission -Jayne Kuhar, 3 year term beginning January 1, 1983, George Mayleben, 3 year term beginning January 1, 1983, Mary Ellen Rabine, 3 year term beginning January 1, 1983. Park & Recreation Commission- Vicki Denissen, 3 year term beginning January 1, 1983. Housing Commission - Dolores Hastings, 3 year term beginning January 1, 1983. Planning Commission- George Lucht, 2 year term as Chairman beginning January 1, 1983, Lowell Ainas, 2 year term beginning January 1, 1983, Mary Simmons, 2 year term beginning January 1, 1983. Northwestern Hennepin Human Services Council -Dr. Duane Orn, 2 year term beginning January 1, 1983. Voting in favor: Mayor Nyquist, Council - members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving a Portion of Classification Lists 652 -NC and 654 -NC. He explained the staff has reviewed the parcels contained in the list and that no public purpose has been determined for these lots. The Director of Public Works reviewed the location of the tax forfeit parcels and pointed out various problems with the development of one of the lots, including a problem with access and providing sanitary sewer to the parcel. Councilmember Theis stated that he was concerned with these access problems and would like to make sure that any prospective buyer would be aware of these problems. The City Attorney stated it is possible for the City to place conditions on the sale of the tax forfeit parcels, such as requiring that an additional right of way must be obtained before anything is constructed on the lot. Councilmember Scott arrived at 7:30 p.m. The City Attorney also indicated that the resolution could be adjusted to account for street access and also provide that prospective buyers must provide access and sanitary sewer to the parcel without cost to the City. RESOLUTION NO. 82 -240 Member Rich Theis introduced the following resolution and moved its adoption with the amendment suggested by the City Attorney: RESOLUTION APPROVING A PORTION OF CLASSIFICATION LISTS "652 -NC" and "654 -NC" 12 -20 -82 -3- The motion for the adoption of the foregoing resolution as amended was duly seconded by member Gene Lhotka and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Scott abstained from voting on the resolution. The City Manager introduced a Resolution Approving Five Year Municipal State Aid Capital Improvement Program. The Director of Public Works explained the MSA Section of the Minnesota Department of Transportation has required that a five year plan for roadway improvement to the state aid system be submitted by the City. He explained the staff is submitting the five year improvement program contained in the resolution before the Council and that it proposes a five year MSA street improvement program. RESOLUTION NO. 82 -241 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING FIVE YEAR MUNICIPAL STATE AID CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving a Private Kennel License and Establishing Conditions of Operation. Mayor Nyquist recognized Reef. Roger Carlson, 5557 Logan Avenue North, who had registered earlier in the meeting for the Open Forum session. Rev. Carlson stated that he respects his neighbors but that h�- opposes the private kennel license they are applying for. He explained his wife suffers from Lupis and that the doctors have prescribed rest for her condition. He indicated that he was under the impression that the license was going to be denied by the City Council and that he hopes the Council will not give out the license since the dogs disturb the neighborhood and his wife. He added that, although he loves his neighbors, he opposes their request for a private kennel license out of concern for the health of his wife. Mayor Nyquist inquired whether the noise from the dogs disturbed his wife when the owners were not home. Rev. Carlson replied that the dogs do make noise when the owners are not at home. Councilmember Lhotka stated that his concern with the license is that it should not cause a disturbance and that he believes it should either be denied or assurances should be obtained that the dogs will not create a nuisance. Mrs. Sandoval stated that they are not the only people on the block with dogs and that other people's dogs in the area make noise too. She added that they keep their windows and doors facing the street closed and explained that their immediate next door neighbors were willing to sign a petition to support their private kennel license. 12 -20 -82 -4- In response to a question from Councilmember Theis, Rev. Carlson explained that the location of his home is across the street and up one house from the Sandoval's. He stated there are other dogs in the neighborhood but they are located farther away and that he sees a difference between owning a pet and having a private kennel.. Councilmember Lhotka stated that he has a hard time understanding how the sound is discernable from across the street. Rev. Carlson explained that the sound is a particular problem in the summer when the windows are open. Council-member Lhotka inquired whether some type of barrier could be put up to keep the dogs in the back of the house and not on the side. Mrs. Sandoval explained that the dogs are let out one at a time and then put in the house. She added that buses along Logan Avenue also create a lot of noise. Councilmember Lhotka stated that if the private kennel license is approved, he would hope the Sandoval's understand that if complaints are received, the license will be reconsidered by the Council. The City Attorney advised the Council on Rev. Carlson's objection based on health considerations. He explained that nuisance law does not address health problems and that with regard to Mrs. Carlson's problem, the court looks at how the private kennel license would affect person's without health problems, and that it does not address specific health problems. Councilmember Theis requested the City Attorney to recommend the course of.act which would most readily solve the problem. The City Attorney explained that the easiest course would be to not issue the private kennel license, the most difficult would be to revoke the license once it had been issued if problems were created, and the middle ground between the two would be reconsideration of the license at some time in the future when renewal is considered. Councilmember Lhotka inquired of the City Attorney what grounds would be for revocation. The City Attorney explained that violation of specific conditions of the issuance of the private kennel license would be grounds for revocation. Councilmember Theis suggested a third condition to the resolution be added, that being, the dogs should be restricted to the back yard area when they are put outside. RESOLUTION NO. 82 -242 Member Gene Lhotka introduced the following resolution and moved its adoption with the amendment that Councilmember Theis' condition be added to the resolution: RESOLUTION APPROVING A PRIVATE KENNEL LICENSE AND ESTABLISHING CONDITIONS OF OPERATION The motion for the adoption of the foregoing resolution, as amended, was duly seconded by member Rich Theis and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted 12 -20 -82 -5- PUBLIC HEARING ON PROPOSED ASSESSMENT FOR _A LLEY I MPROVEMENT PROJECT NO. 1982 - 14 The City Manager introduced the next agenda item, a public hearing on proposed assessment for Alley Improvement Project No. 1982 -14 (Alley Construction from 53rd Avenue to 54th Avenue between Dupont and.Emerson Avenues). lie stated that notices of the hearing had been sent to all affected property owners and that notice was published in the City's official newspaper. The Director of Public Works reviewed the project for Council members and also the proposed 'assessments and interest rates. He added that no written correspond- ence had been received by the staff objecting to the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for Alley Improvement Project No. 1982 -14 and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized a member of the audience who inquired whether the figures for the assessments are final. The Director of Public Works explained that the assessment figures are final. Mayor Nyquist inquired if there was anyone else who wished to speak at the p ublic hearin g Pp . No one else appeared to speak and he entertained a motion � to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on the proposed assessment for Alley Improvement Project No. 1982 -14. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -243 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF IMPROVEMENT PROJECT NO. 1982 -14 (ALLEY CONSTRUCTION FROM 53RD TO 54Th AVENUES BETWEEN DUPONT AND EMERSON AVENUES) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RENEWAL OF A NIMAL CON CO The City Manager explained that the City has not experienced the problems with MAPSI that the City of Minneapolis has. He added that the City corrects any billing records which are inaccurate and also monitors the service of MAPSI. He explained the City calls MAPSI and comes to an agreement with them on the time they have spent patrolling in the City. He added that the City has been cutting down on the amount of patrol hours of MAPSI. Mayor Nyquist recognized Mr. Mark Petersen, who i.1 whether Mr. Frank Pucci, current manager of MAPSI, was a former employee of MAPSI before their reorganization. The City Manager stated that he believes Mr. Pucci was a former employee of MAPSI prior to the new reorganization. Mr. Petersen then inquired whether the CEO's take care of nuisance problems created by animals. The City Manager explained that the CEO's do handle these types of calls. Mr. Petersen then inquired whether there were any changes proposed in the way MAPSI is 12 -20 -82 -6- coordinating with the CEO's. The City Manager explained that when the CEO's are on duty, generally MAPSI is not called. He added that the City, may in the future, look at some joint operation with another City but right now the staff believes it is in the best interest of the City to continue with MAPSI. He stated he believes the City has received reasonable service from MAPSI but that the City would be willing to look at reasonable alternatives. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the Mayor and City Manager to enter into and execute the animal control contract with MAPSI for 1983. Voting in favor: Mayor Nyquist, Council- members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. _ PLAN COMM ISSION ITEMS PLANNING COMMISSION APPLIC _N O. 82037 SUBMITTED BY NORTHPORT PROPERTIES TO I L;ZONE FROM R TO Cl THE LA % AT 541 BRO OKLYN BOULEVARD, WHERE T HE NORTHPORT Mx'DI CLI IS PRE LOCATE �� V The Director of Planning & Inspection reviewed the rezoning request for Council members and explained the southwest neighborhood advisory group has made a favor - able report to the Planning Commission on the rezoning request. He proceeded to present and review for Council members pages 1 through 2 of the December 9, 1982 Planning Commission ar:inutes and also the Planning Commission information sheet prepared for Application No. 82037. He added that Mr. Sullivan, owner of the property south of the subject parcel, intends to pursue a rezoning of his property. The Director of Planning & Inspection stated that the notices for this evening's meeting had been sent to all affected property owners and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82037 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 82037. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -244 Member Celia Scott introduced the following resolution'and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 82037 SUBMITTED BY NORTHPORT PROPERTIES The motion for the adoption of the foregoing resolution was duly seconded by ,member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof_: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same:- none, whereupon said resolution was declared duly passed and adopted. 12 -20 -82 -7- , I PLANNING COMMISSION APPLICATION NO. 820=16 SUBMIT BY GLEN MARSH REAL ESTATE INVESTMENTS FOR PRELIMINARY PLAT AND VtIfZIANCE APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL AT 910 -55TH AVENUE NORTH The Director of Planning & Inspection reviewed the request and presented and reviewed for Council members pages 2 through 5 of the December 9, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82046. He reviewed the location of the subject parcel and explained that it is currently zoned Rl. The Director of Planning & Inspection explained that the Planning Commission recommended approval of Application No. 82046 subject to ten conditions which he reviewed for Council members. He added that the notices to affected property owners had been sent and that a representative of the applicant was present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82046 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he enter. tained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 82046. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 82.046 for the reasons and sub PP 3 � P 7 to the conditions set forth below: Reasons for Variance: 1. The lot width variance has been winimized to the maximum extent possible. 2. There is no excess lard available on adjacent lots to further reduce or eliminate the need for a variance. 3. The proposed lots meet ordinance requirements for lot depth and lot area. 4. The variance is necessary to allow the petitioner to make reasonable use of the land parcel that presently exists. 5. Granting the variance will not be detrimental to the public welfare or injurious to other property in the nei,' Conditions of Plat Approval: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances I 12 -20 -82 -8- 3. The existing shack on Lot 1 shall be removed from the premises and the illegal utility connection between the main house and the shack shall be removed prior to final plat approval. 4. The existing concrete patio slab which extends over the property line between Lot 1 and Lot 2 shall be removed or reduced to meet setback requirements for accessory structures prior to final plat approval. 5. The accessory shed near the northwest corner of Lot 1 shall be removed or relocated to meet setback requirements for accessory structures prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:00 p.m. and reconvened at 9:15 p.m. PL ANNING COMM APP NO. 8 2 , 047 _ S BY RYAN CONSTRUCT COMPANY FOR AMENDE SPEC US PERMI AP PROVE; ' IO ALLO M EDICAL AND DENTAL USES IN THE OFFICE B UILDING AT 63 SHINGLE CREEK P1,RKWAY WHICH IS ZONED I_ -_l. The Director of Planning & Inspection reviewed the applicant's request including the proof of parking plan. He presented and reviewed for Council members pages 4 through 7 of the December 9, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82047. He pointed out the Planning Commission recommended approval of Application No. 82047 subject to three conditions which he reviewed for Council members. The Director of Planning & Inspection stated the required notices of this evening's meeting had been sent to all affected property owners and that a representative of the applicant is present this evening. Mayor Nyquist inquired whether any of the other tenants in the building objected to the proposed use. Mr. John Kelly, of Ryan Construction, stated that the other tenants contacted had no objection but that all tenants had not been contacted regarding the proposal. Councilmember Lhotka inquired what amount of space had been rented to date in the building. Mr. Kelly replied that 15% of the space in the building had been rented to date. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82047 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing.. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 82047. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 12 -20 -82 -9- There was a motion by Counci_lmember Lhotka and seconded by Councilmember Theis to approve Application No. 82047 subject to the following conditions: 1. The conditions pertaining to the approval of Application No. 81012 remain in effect. 2. Amended permit approval acknowledge 38 additional parking spaces on the site allowing a maximum of 14,300 square feet of floor space to be devoted to medical /dental uses, the remainder to be devoted to general office uses. 3. The applicant acknowledges that any or all of the additional stalls shown as proof -of- parking will be installed upon a determination by the City that they are needed. New parking shall be provided first from the greenstrip abutting Earle Brown Drive and the north greenstrip. Removal of landscaped parking lot islands shall be utilized .last for parking purposes. Voting in favor: Mayor Nyquist, Counci.lmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion pi unanimously. PLANNING COMMISSION APPLICATION NO. 82048 SUBMITTED BY CITY OF BROOKLYN CENTER_ FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN OPA WALL TO SCREEN p O UTSIDE STORAGE AND TO BUILD AN ADDITION TO THE S STORAGE BUILDING AT 6844 SHINGLE CREEK PARKWAY. i The Director of Planning & Inspection reviewed the application and presented and reviewed for Council members pages 7 through 8 of the December 9, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No, 82048. The Director_ of Planning &Inspection pointed out was that the landscape that a condition of approval of the planning Commission plan be provided with the application. The Director of Planning & Inspection proceeded to review the landscape plan presented with the application. He also reviewed the Planning Commission recommendation regarding screening materials to be used. The Director of Planning & Inspection stated the Planning Commission held a public hearing on Application No. 82048 at its December 9, 1982 meeting and that notices. had been sent to all affected property owners. He added that the Planning C PP 1 ommission recommended approval of Application No. 82048 subject to ten conditions .P which he reviewed for Council members. He pointed out condition No. 3 has been met and may be deleted from the conditions. Councilmernber Lhotka stated that he is concerned with the specification of materials for the screening wall. He added that the City would be specifying a certain material in this case and that in the past it has been his understand-ing that the City cannot specify a particular type of material. The City Attorney stated that typically, these types of items are negotiated items between an applicant and the City Council. The Director of Planning & Inspection noted that in the past, applications have stated, by an approved plan, that screening walls must be compatible to the main structure. The Director of Public Works reviewed for Council members four types of wall types 1.2 -20 -82 -.10- rendered by the City's consulting arcliitect and pointed out that the staff recommends the textured concrete block. The Director of Planning & Inspection stated that he believes the Planning Commission's point in its recommendation for an opaque wall is that the chain link fence does not meet the standard and that the wood meets the compata' lity standard along with the precast concrete or block. Councilmember Lhotka requested that an alternate material, such as concrete block, be bid along with the precast concrete. Mayor. Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82048. No one appeared to speak at the public hearing and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 82048. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 82048 subject to the following conditions: 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. B612 curb and gutter shall be provided around all parking and driving areas. 6. Landscape berms in the northeastern portion of the site shall be modified to provide effective screening of the storage yard from 69th Avenue North. 7. Underground irrigation shall be provided within the greenstrip along Shingle Creek Parkway to ensure site maintenance. 8. The new addition to the salt storage building shall be equipped with an automatic fire extinguishing system in accordance with NFPA Standards and shall be connected to a UL approved monitoring system in accordance with Chapter 5 of the City Ordinances. 9. The exterior of the screening wall facing Shingle Creek Parkway shall be an opaque wall approved by the City Council. Voting in favor: Mayor. Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 12 -20 -82 -11- RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Relating to a $7,200,000 Commercial Development Revenue Note. He explained the Industrial Development Revenue Bond was for Commercial Partners /Brookdale Square. Mayor Nyquist recognized Mr. John Utley, attorney for Holmes and Graven, and representing the project. Mr. Utley explained that the initial approval of the bond was for $7,200,000 but that the project finally closed at $6,200,000. He explained the bank is now willing to increase the amount to $7,200,000. RESOLUTION NO. 82 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA ( "CITY ") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE $7,200,000 COMMERCIAL DEVELOP - MENT REVENUE NOTE (COMMERCIAL PARTNERS /BR00KDALE PROJECT), SERIES 1982 ( "NOTE "), WHICH NOTE AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, AN ASSIGNMENT OF LOAN AGREEMENT, AND A DISBURSING AGREEMENT; APPROVING THE FOPM OF A COMBINATION MORTGAGE, SECURITY AGREEMENT, AND FIXTURE FINANCING STATEMENT AND AN ASSIGN11= OF LEASES AND RENO'S; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE; t1ND PROVIDING FOR THE SECURITIES, RIGHTS AND REMEDIES OF THE HOLDER OF SAID NOTE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Appointing tie Commissioner of Trans- portation as Agent for the City of Brooklyn Center. In discussion of the resole Lion, Mayor Nyquist inquir_&- whether the staff had any problens with the last paragraph on page 3 of the agreement or the last paragraph on paga 9 of the agreement. The Director of Public Works stated the staff has no serious concerns with the contract agreement. The City Attorney explained that contracts drafted with the state or federal government are drafted to benefit the :state and federal government. He explained the City Council has a choice of either to enter into or not to enter into the agreement and that the Council must make the final judgment regarding the risks of such an agreement. RE NO. 82 -246 Member Rich Theis introduced the following resolull and moved its adoption: RESOLUTION APPOINTING THE COMMISSIONER OF TRANSPORTATION AS AGE14T FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. 12 -20 -82 -12- RES NO. 82 -24 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR FOUR (4) COMPACT POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The C__ty Manager introduced a Resolution Setting Wages and Salaries for the Calendar Year 1983. Fie explained that the Local 49 contract had been settled and that the police contract is under negotiation with a 6% increase recommended. The Director of Finance pointed out that the Resolution before the Council Setting Wages and Salaries for the Calendar Year 1983 does not contemplate approval of the Local 49 contract but rather it is contained in a separate resolution. The City Manager introduced a Resclution Approving Collective Bargaining Agreement between International Union of Operating Engineers, Local No. 49 AFL -CIO and the City of Brooklyn Center. Councilmember. Lhotka questioned why there was a 6% increase for nonorganized employees and a 5 1 1% increase for Local 49 employees. The City Manager explained the history of past negotiations shows that there have been differences in the past between the two groups. RESOL NO. 82- -248 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLL'E'CTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the .following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 - Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1983 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich . Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12- 20 -82' -13- The Director of Finance introduced a Resolution Amending the 1982 General Fund Budget. • Councilmember Lhotka left the table at 10:55 p.m. and returned at 10:56 p.m. In discussion of the resolution, Councilmember Hawes stated he was concerned with the rising costs of legal counsel. The Director of Finance explained that the only control over the cost of legal counsel is in the area of civil matters and that the cost of prosecution cannot be regulated. He added that fines are also increasing to offset some of the costs of prosecution and that he expects to exceed the estimated court revenue in 1982. The City Attorney explained that the costs for legal counsel in the first three months of 1982, before the new D.W.I. Law went into effect, were very close to the budgeted amount. He explained that once the legislation was passed, the budgeted amount was exceeded. He explained the number of cases cannot be controlled but that he would want to analyze how we are handling cases. He explained that very few cases go to trial and that most are negotiated either on the phone or in pretrial hearings. He explained that the time spent on cases in Brooklyn Center is very close to the time spent on c ="es in other :-'-ties represented by his firm. The City tanager pointed out that the City of Brooklyn Center has a very active police department and as a result this affects the number of cases. The City Attorney added that good police department reports can cut down on the time spent on the case by the attorney. He pointed out that Brooklyn Center has an excellent record in this respect and that the time spent on the case is generally in the area of negotiations. _R ESOLUTION NO. 82 -250 Member Gene Lhotka introduced the followir_- resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyqui.st, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R.ES NO. 82 -251 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean.Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 - Member Bill Hawes introduced the following resolution and moved its adoption: I RESOLUTION AMENDING THE 1982 ARID 1983 GENERAL FUND BUDGETS -14- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION PIO. 82 -253 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 AND 1983 GENERAL FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R ES O LUTIO N v0. 82 -25 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 AND 1983 GENERAL FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Ib otka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -256 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE BROOKLYN CENTER CRITICAL AREAS PIAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resoluton was declared duly passed and adopted. RESOLUTION NO. 82 -257 Member Bill Hawes introduced the following resolution and moved its adoption: 12 -20 -82 15- RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR PARTICIPATION IN THE HENNEPIN COUNTY GROUP INSURANCE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION IT EMS POLICE DI,PARTMENT YEAR END RE ON LIQ ESTABLISHMENTS The City Manager presented a memorandum from the Chief of Police regarding liquor license data for 1982. He explained that with regard to the food /liquor split required by the ordinance, with the exception of the Earle Brown Bowl and the Lynbrook Bowl, all the establishments in the City meet the 50/50 requirement. Councilmember Lhotka requested that a strong statement be made regarding the Lynbrook Bowl and the Earle Brown Bowl,and that it be stated publicly so that the establishments realize the Council is aware of the problem and that it be communicated to the Lynbrook Bowl and the Earle Brown Bowl. S TAF F REPORT 0 -? S TA T E B UDGET BALANCING L 71"IS LA TI ON The City Manager reviewed the current legislation passed by the state to balance the state budget and he stated he believes the problem isn't over and that municipalities must continue to plan for further budget problems. As.part of this planning, he suggested that one alternative that may be considered is an early retirement plan for employees. He stated this policy is being used in the private sector and he stated he believes it can be used in the public sector also. He added that such a program could give the City some flexibility and options with regard to fiscal planning. C ON S IDER A TI O N OF SPE LIC `.there .aas a i- ,iotion by Coui cilmember Scott and seconded by Councilmember Lhotka to approve the following licenses: a. On -sale intoxicating liquor license for Earle Brown Bowl, Green Mill Restaurant, Ground Round Restaurant, Holiday Inn, Lynbrook Bowl, Meriwethers Restaurant, Red Lobster Restaurant, T. Wrights Restaurant, Yen Ching Restaurant. b. On - sale Sunday intoxicating liquor licenses for Earle Brown Bowl, Green Mill Restaurant, Ground Round Restaurant, Holiday Inn, Lynbrook Bowl, Meriwethers Restaurant, Red Lobster Restaurant, T. Wrights Restaurant, Yen Ching Restaurant. e. On -sale wine license for penny's Restaurant and the Good Earth Rest.ax d. On -Sale club license for Brooklyn Center American Legion Post #630. e. On -sale nonintoxicating liquor licenses for Beacon Bowl, Chuck Wagon Inn, Denny's Restaurant The Good Earth Restaurant, on Happy Drag g Restaurant, Pontil_lo's Pizzeria, Rocky Rococo's Pizza, Showbiz Pizza, and Taco Towne. 12- 20w-82 -1E�- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. V ot.i.ng against: none. The motion passed unanimously. IC ENSES ; Ec're was a motion by Councilmernbcr Lhotka and seconded by Councilmember Theis to approve the following list of licenses: AM DEVI - O LICENSE Budgetel %,ote.l 6 James Circle AM USEMENT DEVICE - VENDOR'S LICENSE Carousel International Corp. 19 Zinzer Court K -Mart 5930 Earle Brown Dr. Century Corporation 2910 W. Montrose Ave. K -Mart 3600 63rd Ave. N. BENCH LICENSE U.S. Bench Corporation 3300 Snelling Ave. BOWLING ALLEY LICENSE Beacon how; 6525 Lyndale Ave. N. Earle Brown Bowl 6440 James Circle N. CICARETTE LICENSE A & J Enterprises 2367 University Ave. N. Dayton's Home Store 5701 Xerxes Ave. N. Schmitt Music 2400 Freeway Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Beacon Bowl 6425 Lyndale Ave. N. Brooks Superette 6800 Humboldt Ave. N. Consumer Vending 2727 26th Ave. S. Bridgeman's 6201 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Inter City Oil 63rd Brooklyn Blvd. Midwest Vending Company 8645 5tn Ave. S. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Theisen Vending 3804 Ni.collet Ave. S. Meriwethers 2101 Freeway Blvd. T- Wrights 5800 Shingle Cr. Pkwy. Thrifty -Scott Motel 6445 James Circle Bill West 76 Station 2000 57th Ave. N. Woodside Enterprises 2500 Nathan Lane Poppin Fresh Pie Shop 5601 Xerxes Ave. N. COMMERCIAL KENNEL LICENSE Brookdale Pet Center Brookdale Center Brooklyn Pet Hospital 4902 France Ave. N. 12 -20 -82 -17- GASOLINE SERV STATION LICENS Big° -Bi Service Station 5710 Xerxes Ave. N. Brooklyn Center City Garage 6844 Shingle Cr. Pkwy. Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooklyn "Center Post Office 6848 Lee Ave. N. Brooklyn Center Shell 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Davies Water Equipment - 4010 Lakebreeze Ave. N. Howe, Inc. 4821 Xerxes Ave. N. Humboldt Avenue Service 6840 Humboldt Ave: N. Inter City Oil 63rd Brooklyn Blvd. Metropolitan Transit Commission 6845 Shingle Cr. Pkwy. Munn Black Top, Inc. 3601 48th Ave. N. Northern States Power Co. 4501 68th Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. 7- Eleven Food Stores 1500 69th Ave. N. Super America Service Station 6545 W. river Rd. Super America Service Station 190.1 57th Ave. N. Uncle Bob's Quik Six 6600 Lyndale Ave. N. Vicker's Minnesota Oil Co. 6830 Brooklyn Blvd. LODGING ESTABLISHMENT LICENSE Mares Budgetel 6415 James Circle MECHANIC SYSTEMS LICEN Kramer Heating 7161 Yucca Circle Preferred Sheet Metal Inc. 90 W. Woodl.ynn Ave. Riccar Heating 3095 1 In. N.E. NONPE V MACHINE LICEN Coca Cola Bottling Midwest Inc. 1139 Eagan Industrial Rd. Bermel Smaby 6500 Brooklyn Blvd., NURSH HOME LICENSE Maranatha Conservative Home 5401.69th Ave. N. OFF- SAI.,E NONIN TOXICA`I. ` I VG LI UOR LICENSE Brooks Sub erette 6804 Humbol f. 'it Ave. N. ON -SAL CLUB LI LICENSE Brooklyn Center. Am. Legion 4307 70th Ave. N. E � , 12 -20 -82 -18- O --SAI1 ; ";ATOX I-N _ LIC UOR LICENSE Earle Brown Bowl 6440 James Circle General Mills Restaurant Group 6770 Lake Ellenor Dr. Reed Lobster 7235 Brooklyn Blvd. Green Mill, Inc. 5540 Brooklyn Blvd. Ground Round Restaurant 2545 County Rd. 10 Holiday Inn 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Meriwethers 2101 Freeway Blvd. T- Wrights 5800 Shingle Cr. Pkwy. Yen Ching 5900 Shingle Cr. Pkwy. ON -SAID, NONI LIQUOR L ICEN SE Beacon Bowl 6525 Lyndale Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Denny's Inc. 3901 Lakebreeze Ave. N. Good Earth Restaurant 5717 Xerxes Ave. N. Happy Dragon Restaurant 5532 Brooklyn Blvd. Pontillo's Pizza 5937 Summitt Dr. Rocky Rococo Corp. 1678 Brockdale Mall Showbiz Pizza Place 5939 John Martin Dr. Taco Towne Restaurant 6219 Brooklyn Blvd. ON -SALT, SUNDAY INT L IQUOR LICENSE Earle Brown Bowl 6440 James Circle General Mills Restaurant Group 6770 Lake Ellenor:.Dr. Red Lobster 7235 Brooklyn Blvd. Green Mill 5540 Brooklyn Blvd. Ground Round Restaurant 2545 Cty. Rd. 10 Holiday Inn 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Meriwether's 2101 Freeway Blvd. T- Wrights 5800 Shingle Cr. Pkwy. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. ON -SALE WINE LICENSE Denny's Inc. 3901 Lakebreeze Ave. N. Good Earth Restaurant 5717 Xerxes Ave. N. PUBLIC DANC LICENSE Earle Brown Bowl 6440 James Circle RENTAL D WELLING LICENSE Intial; Susan M. hlemond 6223 Brooklyn Dr. Jon Nesseth 7109 -7113 Unity Ave. N. Renewal: Thomas & Mary Harty 5837 Lyndale Ave. N. Nancy & Jack Huang 3518 Woodbine Ln. Nancy & Jack Huang 5419 70th Circle 12-20 -82 -19- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SPE CIAL COUNCIL MEETING DECEMBER 27, 1982 0 The City Manager explained that it will be necessary to have a special meeting of the Council on December 27 to consider the single family housing mortgage revenue bond program. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve a special Council meeting for 7:OO p.m. on December 27, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:24 p.m. - Clerk - ^— Mayor 12- -20 -82 -20- CITY OF BROOKLYN CENTER EMPLOYEE RECOGNITION NIGHT CITY COUNCIL CHAMBERS 7:00 P.M. JANUARY 10, 1983 CITY OF BROOKLYN CENTER EMPLOYEE RECOGNITION NIGHT JANUARY 10, 1983 Tonight is the fourth annual presentation by The City Council of service awards to City Employees to recognize years of service by those Employees to the City. Recognition is to be given tonight to those employees who, during 1982, observed the anniversary of either twenty or twenty -five years of permanent full --time employment with the City. The awards are a part of a service recognition program approved by the City Council in 1979. Three persons, who are listed below, will receive service awards this evening. EMPLOYEES WITH TWENTY YEARS OF SERVICE Date of Employment Richard Handy, Police Officer January 8, 1962 Raymond Beach, Police Sergeant January 8, 1962 E EMPLOYEE WITH TWENTY -FIVE YEARS OF SERVICE Eugene Hagel, Director of Parks April 15, 1957 and Recreation The Employees recognized this evening are representative of all City Employees who serve their City well. OTHER ACTIVE LONG- TERF CITY Et•PLOYEES WHO HAVE BEEN RECOGNIZED BY THE COUNCIL IN PAST YEARS ARE: TWENTY --FIVE OR MORE YEARS OF SERVICE Service Years HENRY DAVIS, Superintendent of Streets and Parks 31 RICHARD JENNRICH, Equipment Operator 29 TRUMAN NELSON, Liquor Stores Manager 28 ROBERT CAHLANDER, Supervisor of Streets and Parks 27 TWENTY OR MORE YEARS OF SERVICE JEAN CHAKPLIN, Chief Accountant 24 JAMES LINDSAY, Chief of Police 23 ROBERT ZIMBRICK, Public Utilities Supervisor 23 HAROLD ROSSOW, Park Maintenance 23 WILLARD DAHLBERG, Police Officer 22, GLEN BREUNINGER, Park Maintenance 22 ALLAN BRAUN, Engineering Technician 22 rICHARD SCHWAB, Streets and Parks Supervisor 21 GLENN LEITER, Public Utilities Maintenance 21 Seventy -one employees, of a total of 127 full-time authorized City Employees, have served the City for more than five years. An analysis of permanent full -time service as of December 31, 1982 follows: Accumulative Employees with 25 or more years service 5 5 Employees with 20 or more ears service 11 16 Y 4 c 2 with r more ears service 16 Employees 1 0 3 5 Y Employees with 10 or more years service 13 45 Employees with 5 or more years service 26 71 Employees with less than 5 years service 56 Total Permanent City Employees 127 -2- CITY OF BROOKLYN CENTER EMPLOYEE SERVICE RECOGNITION PROGRAM The program's purpose is to recognize City employees for years of service to the City. The program recognizes permanent employees at { certain intervals within their City employment. t The recognition is accomplished by the presentation of mementos by the City Council, City Manager, or by the Department Director. i r A summary of mementos follows: I. Awarded upon the Completion of Years of Service: Year Completed Awards How Presented 5 Service Pin By Department Director 10 Engraved Paperweight By City Manager 15 Engraved Pen By City Manager 20 Engraved Desk Set At City Council Meeting in January, by Mayor 25 Plaque At City Council meeting in Janary, by Mayor 3U W%11 dt> Air C� C .�nc�� ,►cc ,;� D+1 II. Awarded Upon Retirement to Employee Who Has Completed Ten Years or More of Service: Personalized Council At City Council meeting Resolution Mounted upon retirement, by on Walnut Plaque Mayor -3- MEMORANDUM . TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant" !v DATE: January 6, 1983 SUBJECT: Reappointments and Vacancies in City Commissions; The following is a list of persons who are up for reappointment to various City Commissions together with the vacancies existing on the Commissions. CONSERVATION COMMISSION :Fred Albright (Chairman) term expired December 31, 1982 1 vacancy - 3 year term 1983 -1985 HOUSING COMMISSION Ray Haroldson - term expired December 31, 1982 :Ron Turner - term expired December 31, 1982 1 vacancy - 3 year term 1983 -1985 HUMAN RIGHTS COMMISSION 2 vacancies replacing commissioners who have resigned with uncompleted terms expiring December 31, 1983 PARK AND RECREATION COMMISSION 1 vacancy - 3 year term 1983 -1985 TRAFFIC SAFETY ADVISORY COMMITTEE 1 vacancy - 3 year term 1983 -1985. With the resignation of James 1. Chairman of the Traffic Safety Advisory Committee, the Committee is currently without a chairman. As per the by -laws of the Traffic Safety Advisory Committee the chair is appointed by the Mayor with confirmation by the City Council. Member introduced the following resolution and / 74 moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the First Brookdale State Bank be and is hereby designated as the depository for the funds of the City of Brooklyn Center, Minnesota. BE IT FURTHER RESOLVED that the following named banks are hereby designated additional depositories to be used for investment purposes: First National Bank of Minneapolis F &M Marquette National Bank of Minneapolis Northwestern National Bank of Minneapolis First National Bank of St. Paul American National Bank of St. Paul. Fidelity Bank and Trust Company Summit State Bank Camden Northwestern State Bank First Federal Savings & Loan Association Midwest Federal Savings & Loan Association Twin City Federal Savings & Loan Association r- The City Treasurer is authorized to deposit City funds in the named depositories to the extent that repayment is guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation k and such additional funds not to exceed the amount of 90% of collateral pledged to the City, and approved by the City, by said depository. BE IT FURTHER RESOLVED that the persons generally authorized by the City Charter to act for the City in any of its business with the depository are any persons holding office from time to time as City Manager and City Treasurer. All checks drawn upon an account of the City shall be signed by both of the above designated persons. BE IT FURTHER RESOLVED that the City Manager is Gerald G. Splinter and the City Treasurer is Paul W. Holmlund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -A (WELL NO. 6 RECONDITIONING PROJECT NO. 1982 -01) WHEREAS, pursuant to written Contract 1982 -A signed with the City of Brooklyn Center, Minnesota, Layne Minnesota Company of Minneapolis, Minnesota has satisfactorily completed the following improvement in accordance with said contract- WELL NO. 6 RECONDITIONING PROJECT NO. 1982 -01 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 supplemental agreement is accepted and approved. Original Award $ 13,763.00 Supplemental Agreement #1 539.00 TOTAL $ 14,302.00 2. It is hereby d-irected 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 $14,302.00. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. There is appropriated from the Public Utilities Fund the sum of $539.00 for additional costs incurred under Supplemental Agreement No. 1. Date Mayor ATTEST: Clerk f 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 � Member introduced the following resolution and -- moved its adoption: i 1 RESOLUTION N0. J RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR ONE (1) FOUR WHEEL DRIVE SIDEWALK PLOW WHEREAS, the City Council of the City of Brooklyn Center, Minnesota deems it necessary and in the best interest of the City to purchase one (1) four wheel drive sidewalk plow; and WHEREAS, the City Manager has reported that said four wheel drive sidewalk plow may be purchased at an estimated cost of $35,000. THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The specifications for the four wheel drive sidewalk plow are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted at least once in the official newspaper an advertisement for bids based on the approved specifications. The advertisement shall appear no less than three days prior to the date for receipt of bids. The notice shall state that said bids will be received by the City Clerk until 2.00 p.m. on January 19, 1983 at which time they will be publicly € opened in the City Council Chambers at City Hall by the City Clerk and will then be tabulated and will be considered by the City Council at 7:00 p.m. on January 24, 1982 in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT . FOR ONE (1) FOUR WHEEL DRIVE SIDEWALK PLOW WHEREAS, the City Council of the City of Brooklyn Center, Minnesota deems it necessary and in the best interest of the City to purchase one (1) four wheel drive sidewalk plow; and WHEREAS, the City Manager has reported that 1 o heel drive sidewalk plow may be purchased at an estimated cost o my 35,CI� THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The specifications for the four wheel drive sidewalk plow are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted at least once in the official newspaper an advertisement for bids based on the approved specifications. The advertisement shall appear no less than three days prior to the date for receipt of bids. The notice shall state that said bids will be received by the City Clerk until 2:00 p.m. on January 19, 1983 at which time they will be publicly opened in the City Council Chambers at City Hall by the City Clerk and will'then be tabulated and will be considered by the City Council at 7:00 p.m. on January 24, 1982 in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk. 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. b 5 Y } � k i � Y L y F" �c „e, a 1 � , 40 dw Vl THE TOUGH, DURABLE, DEPENDABLE TRACKLESS MUNICIPAL TRACTOR THAT SAVES YOUR BUDGET DOLLARS ANYTIME OF THE YEAR The Trackless MT and blower combination is the ultimate in sidewalk snow removal. This heavy duty blower with the power and traction of the MT behind it has impressed all who have seen it in action. While demonstrating against a Japanese 4 wheel drive tractor and blower we were able to clear four times as much sidewalk in the same time plus go through a frozen bank they could not clear. Specifications: Housing: 51" wide x 38" high N Augers: 2 — 13" diameter spiral Impeller: 6" x 24" 3 -blade Impeller housing liner: 2 piece hardened (replaceable) Chute rotator: Hydraulic motor and chain Chute deflector: Hydraulic cylinder controlled k, Cutting edge: Hardened (replaceable) Shear bolts on auger drive and PTO drive "A Adjustable cuffing height using to link t' 9 P 1 9 9 Quick change truck loading chute 8'2" clearance " Weight: 10001bs. HP rating 70 The Trackless power angling plow is best suited for moving snow away from buildings, fences, parking meters, etc. It can ! also be used for clearing larger areas such as parking lots. Specifications: Blade length: 72 4 9 60 , 8 Blade height: 23" Cutting edge: 1 %2" x 6 hardened (replaceable) Skid shoes: 2 adjustable Blade angling: 30 left or right by hydraulics Cylinders: 2 single acting with cushion valve Trip: Full blade trip, returns to upright position when blade assembly raised. All three blades interchangeable on same push frame. Down pressure may be used. { The Trackless V Plow is designed for higher speed plowing. Since it splits the snow into two banks it is recommended for residential areas. The tapered nose and flexibility allows it to g . ride over sidewalk cracks and remain flat. The rearward taper of the cutting edges minimizes damage to turf. Specifications: Width at bottom: 49" at wings 51" Height at nose: 28" at wings 35" Cutting edge: 1 /2" x 6" hardened (replaceable) Y' Nose edge: '12 hardened plate (replaceable) Down pressure may be used. �' BOX 100, COURTLAND, ONTARIO, CANADA PHONE (519) 842 -8480 � Due to our policy of cent ors product mp ,vement SOLD AND SERVICED BY speO,cattons are subiec .o mange w hcut ,once CITY OF BROOKLYN CUVIT, R - 1 V11 NNL:.fv INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT FOR ONE (1) FOUR WHEEL DRIVE SIDEWALK PLOW 1. General The attached specifications shall constitute the minimum acceptable specifications for the equipment for which bids are requested. The work "Owner" used in these specifications refers to the City of Brooklyn Center, Minnesota. No bid may be withdrawn within 30 days after the scheduled closing time for receipt of bids without the consent of the Owner. 2. Bid Deposit All bids must be accompanied by a bid bond,` cashier's check, or certified check made payable to the City of Brooklyn Center, Minnesota, in an amount equal to five = percent (57o') of the total dollar value of the bid as a guarantee that if the bid is accepted the B will execute a Contract and furnish Contract Security, as required by these specifi- cations, within 10 days after receipt of Notice of Award of Contract by Owner. The Conditions of the bid deposit shall be that the Owner will withhold all deposits until bids are accepted or rejected by the Owner. If contracts are awarded, the Owner will return the bid deposits of unsuccessful bidders, but will retain the bid deposit of the successful bidder until the Contract is executed and Contract Security is r furnished. 3. Objections To Any objections to the specifications must be Specifications submitted to the City Engineer, in writing, on or before January 19, 1983 { 1 ) 4. Proposal Form Proposals shall be submitted upon the proposal form attached hereto, in a sealed envelope with the statement thereon "Side- walk Plow" and must be submitted to the City Clerk, City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 prior to the time set for the opening of bids. 5. Descriptive Catalog information showing make, model, and Information complete specifications of_the equipment the Required bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. 6. Patent The Bidder must give assurance to the City of Infringements Brooklyn Center in regard to patent infringe- ments and in case of suits against the City by other parties. He must defray all cost in connection with such a suit and save the City harmless in all such actions. 7. Guarantee Each Bidder shall furnish the standard warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. 8. Bid Rejection The City of Brooklyn Center, Minnesota, reserves the right to reject any and all bids, to waive any informalities in bidding, or to accept the bid or bids which best serve the interest of the City of Brooklyn Center. 9. Bid Withdrawal No bids shall be withdrawn for a period of thirty (30) calendar days after the scheduled opening of the bids without the consent of the City Council of the City of Brooklyn Center. 10. Award of Contract Award of Contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, warranty, parts and service; as well as analysis.and comparison of specifications and performances. 11. Proof of Workers The Bidder to whom a Contract is awarded shall be required to furnish proof that the Bidder has Workers Compensation Insurance in force. Such proof shall be in the form of a copy of the Bidder's current insurance certificate or certificate of.exemption from the State Insurance Commissioner. 12. Contract Security The Bidder to whom a Contract is awarded'.shall be required to furnish a performance bond or letter of credit in an amount equal to 100% of the Contract price, or in lieu of the performance bond or letter of credit, the Bidder may furnish a Certified Check or other financial guarantee acceptable to the City Attorney, and made payable to the City of Brooklyn Center, in an amount equal to ten percent (10%) of the bid amount as financial guarantee of delivery in accordance with the requirements of the Contract Documents. Said Contract Security will be returned upon delivery (F.O.B. Brooklyn Center Municipal Garage - 6844 Shingle Creek Parkway) of equipment meeting the specifications in accordance with the Contract provided, however, that if such delivery is not made within the delivery schedule specified by the Bidder on the proposal form, the Owner may then cancel the Contract and retain the Contract Security in the amount of 10 of the total dollar value of the Contract, as liquidated damages. However, if delivery within the specified delivery schedule becomes impossible due to strikes, fire, war, acts of God, or other reason beyond the control of the Bidder, the Bidder shall so advise the Owner immediately. If such notice is received, the Owner may then elect to extend the time of delivery, or cancel the Contract and return the Contract Security to the Bidder. t 3 ) 13. Compliance With The equipment called for herein shall be Current Standards new, currently advertised, standard production models incorporating all the latest avail - able changes and features, including all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of the Minnesota Department of Labor and industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. SPECIFICATIONS for ALL WHEEL DRIVE SIDEWALK PLOW General These specifications describe a diesel engine, articulated frame, rubber tire, all wheel drive sidewalk snow plow. The unit must be capable of operation on a 5 foot width sidewalk with a front mounted.blowzr, or vee plow. Machine to be furnished must equal or exceed the following Specifications. Engine Industrial type diesel powered, 250 Cu. In. minimum, 70 H.P. minimum. The engine shall include the following: Governor Thermostat Fuel Filter Full Flow Oil Filter Dry Type Air Cleaner with Service Indicator Cold Weather Starting Aid Winterized Cooling System with sufficient Anti- Freeze to prevent freezing Electric Key Start Filler Openings Strongest Electric Starter Motor manufactured for the Engine furnished Oil Cooler capable of protecting the Engine from damage during plowing operations Transmission Hydrostatic type transmission with low range (0 -10 M.P.H) and high range (0- 20'M.P.H) with reverse and neutral position. Speed to be controlled by a foot pedal. L - Brakes Foot operated hydraulic drum type service brakes. Parking brake shall be included. • Steering Articulated ydraulic or hydrostatic power steering with automotive type steering wheel. Frame articulation shall be 350 minimum right or left with a 12 to 15 ft. inside diameter turning capability. Electrical System 12 volt system with heavy duty battery and high output alternator. 2 sealbeam headlights, 2 stop and tail lights, directional lights, 4 -way flasher lights, backup lights, cab dome light, and cab roof mounted blue revolving beacon. All lights to meet Minnesota Vehicle Code. Axles Axles shall be heavy duty with all wheel drive. Tires & Wheels Wheels 15" diameter x 10" wide Tires mud & snow type 9 x 12:00 x 15 minimum Spare tire & rim shall be included with unit Cab Shall be an all weather R.O.P.S. type fully enclosed all steel and include the following items: Horn Heater /Defroster Two Speed Windshield Wiper All Operative Controls Sound Deadening Material Sliding Side and Rear Windows Tinted Safety Glass throughout Rear View Mirror Removable Door Hinged Instrument Panel - Suspension type Seat with Safety Seat Belt All controls shall be convenient to the operator. Instruments The following shall be included and visible to-the operator. Engine Tachometer Engine Hour Meter Ammeter- or Volt Meter (Volt Meter preferred) - Coolant Temperature Hydraulic Oil Temperature Gauge Oil Pressure Gauge Fuel Level Gauge (May be on tank) All instruments and gauges shall be illuminated Fuel Tank Fuel tank 20 gallon minimum P.T.O. Shall be suitable for driving attachments requiring direct engine drive. The clutch shall include an electric activator and control to engage or disengage. Hydraulic System The system pump shall furnish sufficient GPM at the Manufact- urer's recommended R.P.M. to perform the required operations. The system shall include a filter, oil cooler, reservoir, pressure relief valves and controls. The controls shall be capable of providing down pressure or raising mounted attachments. Included also shall be a "Float" position which allows the operator to maintain attachment height automatically. Standard Equipment Shall include all standard equipment such as tool box, slow moving vehicle emblem, back -up alarm and all necessary safety equipment guards, shields, warning sign's, etc. Attachment Mountings The unit shall be constructed with all quick connect /disconnect couplings for all attachments specified herein. The mountings and /or hitches shall be the strongest available for the unit with all parts suitable to do the work intended. Snowblower Shall have an opening approximately 38" high and a width at least equal to the overall width of the unit. The Blower must be hydraulically controllable from inside the cab and include - the following features: Two Discharge Chutes - One for regular plowing and one for direct loading of Truck Boxes with 96" height sidewalls Replaceable, Hardened Impeller Housing Liner Chute Rotator Hydraulically Controlled from inside the cab Chute Deflector Replaceable, Hardened Cutting Edge Shear Bolts for Auger and PTO Drives Quick Mount /Dismount feature Vee Plow Shall have the following features: Width at Bottom - 48" to 58" Width at Wings - 50" to 60" Height at Cutting Nose - 28" to 30" Height at Wings - 35" to 40" Replaceable Hardened Cutting Edges Replaceable Hardened Nose Edge Capable of exerting down pressure Quick Mount /Dismount feature ' Color yellow, Color 7# DAR 81657 Manuals one operator's manual, and one part's manual shall be included with delivery of the machine. Trade -In 1. 1971 Bombardier Model # JW71 -SW48 - SIN JW71- 7398TN Sidewalk Plow. PROPOSAL One (1) All Wheel Drive Sidewalk Plow To. City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, M. 55430 , Gentlemen: We propose to furnish and deliver one sidewalk plow according to the sepcifications at the following bid price: 1. Bid price per unit 2. Less Trade In 3. Net Bid Price Delivery Date (calendar days) Signed Firm Name Address Date .BID OPENING: 2 :00 P.M. Jan. 20, 1983 Member introduced the following resolution and moved its adoption: i RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PURCHASE OF REVERSIBLE SNOW PLOW WHEREAS, the City of Brooklyn Center has received quotations for the purchase of a reversible snow plow and hitch for use with a tandem truck currently owned by the City and said quotations were as follows: Itasca Equipment Company $3,855.00 MacQueen Equipment Inc. $3,955.00 AND, WHEREAS, funds for the purchase of said equipment are available within the adopted 1983 budget for the Street Division of the Public Works Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the quotation submitted by Itasca Equipment Company is deemed to be the best bid submitted, that said bid is hereby accepted and a contract for the purchase of said equipment is hereby awarded. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and 01- moved its adoption: RESOLUTION NO. RESOLUTION ENDORSING DEVELOPMENT OF JOINT POWERS AGENCY TO FUNCTION AS A WATERSHED MANAGEMENT ORGANIZATION FOR THE SHINGLE CREEK WATERSHED WHEREAS, Chapter 509, Laws of Minnesota 1982 requires the formation of Watershed Management Organizations for the purpose of Surface Water Management, either by development of Joint Powers Agreements or by petition for the formation of a Chapter 112 Watershed District; and WHEREAS, it is the opinion of the City of Brooklyn Center that the area identified as the Shingle Creek Secondary Watershed by the Metropolitan Councils' regional plan for surface water management can best be managed by a Watershed Management Organization developed under a Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. the City of Brooklyn Center hereby endorses the development of a Joint Powers Agency to function as the Watershed Management Organization for the Shingle Creek Watershed. 2. _ is hereby appointed as Brooklyn Center's representative to a steering committee to formulate f" a Joint. Powers Agreement to be submitted for official consideration { by the City Councils of the member cities. 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. r , t r L r Rai *`sey '\ '•\ •` � cam,- 0,.�� �; '''iii, I � �J�"�' � i I � °� r —A — ------ - - - - -- -- I� An kaI r yton I Co I jLZa p ds i � I Ob mplin ,� 1 CJ UPPER.,. l .�. —o MI -- ELM CfE 1 l RIVED e p Grove s` N1a I � -1__� •, ,; � �. —�— --� 9@4 1 a't 1 Yn'QarK ! �� f `t•1 1 �� - __yam - Park —� :_ ( ♦ 9 I , �__ _ — F-ritlley ♦. ,reokl ;3 rater R r �`� " p ✓ °� /SHINGLES CREEK U 1, I col ia ri N 'v -5 � �' 1 j J H e i n, ii po Pl�tiloutfl I I� f r I . TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 7, 1983 RE: Establishment of Watershed Management Organization Last year the Minnesota Legislature adopted the 11 1982 Surface Water Management Law" (Laws 1982, Chapter 509). As noted in the attached summary (provided by the Association of Metropolitan Municipalities) this law requires all watersheds within the Metropolitan area to be managed by a Watershed Management Organization (W.M.O.). The law places the initial responsibility for organizing W.M.O.'s to cities and townships. During this period these agencies may choose either to organize under a joint powers agreement or to petition for the formation of a "Chapter 112 Watershed District ". If no such action is taken by December 31, 1983, the counties are required to petition for the formation of a Chapter 112 Watershed District. One major difference between a joint powers agreement and a watershed district is the w ay in which members of the W.M.O. are appointed. Under a joint powers agreement the members are appointed directly by the local units of government, whereas under a watershed district the "managers" are appointed by the-County Board from lists of nominees provided by the local units. The Metropolitan Council, in June 1982 adopted a regional plan on surface water management. Within that plan the Metropolitan Council identified 44 secondary watersheds within the metropolitan area. Brooklyn Center lies within two of those secondary watersheds - i.e. - the Shingle Creek Watershed and the Upper Mississippi River Watershed. The cities which lie either partially or wholly within these two watersheds are: (see attached map) In the Shingle Creek Watershed: Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale. In the Upper Mississippi River Watershed: Andover, Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Columbia Heights, Coon Rapids, Dayton, Fridley, Maple Grove, Hilltop, Minneapolis, Osseo, Ramsey, and Spring Lake Park. Ad hoc committees consisting primarily of City Engineers have met several times within the past 6 months to discuss implementation of the law. Following is a summary of the concensus achieved to date: For the Shingle Creek Watershed: - that formation of a joint powers agency is preferable to the development of a Chapter 112 Watershed District. - that the watershed boundaries as defined by the Metropolitan Council's plan are conducive to the formation of a viable W.M.O. that all cities within this watershed should be requested to consider adoption of a resolution supporting the development of a Joint Powers W.M.O. Agreement and to designate a representative to a steering committee to formulate such an agre&iient. January 7, 1983 - G.G. Splinter Page 2 III For the Upper Mississippi River (U.M.R.) Watershed: - it is noted that this area is not really a secondary watershed similar to the Shingle Creek Watershed. Rather it consists of those small areas which lie between the true secondary watersheds and the Mississippi River - and which drain directly to the river. Accordingly, it is the group's concensus that the boundaries of this watershed as defined by the Metropolitan Council are not conducive to formation of a workable W.M.O. - the group has suggested that it might be possible to have the entire U.M.R. exempted from the requirements of the law to form a W.M.O. However, this would require special legislation. unless the law is changed, representatives have tentatively agreed, as a first step, that this watershed should be split into East and West along the Mississippi River. - at this time, representatives from the East U.M.R. watershed appear to favor formulation of a separate W.M.O. rather than consolidation with their adjacent watersheds. - on the other hand, representatives from the West U.M.R. Watershed appear to favor consolidation with the adjoining watersheds, i.e. - the Shingle Creek Watershed and /or the Elm Creek Watershed (which has an existing joint powers W.M.O.). It is noted that this consolidation could result in placing all of Brooklyn Center within the Shingle Creek W.M.O. It is my opinion this would be beneficial to the City. Recommended Action 1. If the City feels that the U.M.R. should be exempted from the requirements of the 1982 Surface Water Management Law, special legislation for this purpose should be requested. 2. If the City supports the development of a:Joint Powers W.M.O. for Shingle Creek, a resolution expressing that support and designating a represen- tative to the steering committee should be adopted. (See copy provided for consideration by the City Council.) 3. If the City supports the concept of consolidating the West U.M.R. Watershed with the Shingle Creek Watershed into a single W.M.O., that recommendation should be forwarded to the Shingle Creek W.M.O. steering committee. Respectfully submitted, Sy Knapp Attachments SK:jn ('.eceiv�d from: Y Associ of i letropol*i tan Municipalities 1 :ETROPOLI:T134 'SUIL dFACl? 7t:i'EU `%,.'AG :`ENT ACT LAMS) 1982, C0.I'1FR 509 SCOPE A]TD PUI POSE -- The 1!etropolitan Surface Water 1, Act is effective for watersheds located wholly in the Metropolitan Area. - The purpose of the surface crater manageT-cnt programs required by the Act is to preserve and use natural water storage and retention systems in order to a) reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of runoff, b) improve vrater quality, c) prevent flooding and erosion from surface flocs, d) promote ground water recharge, e) protect and enhance fish and vrildlife habitat and crater recre- ational facilities, and f) secure the other benefits associated 1'dth proper management of surface water. - CHAPTER 112, WATERSHED DISTRICT ACT - CHANGES — Sets the number of Watershed District Board Managers at no less than five nor more than nine to be appointed by the County Board from lists of nominees pro - vided by the affected cities and towns. No public officer of the county, state, or federal government may serve. Existir watershed management boards must be brought into compliance at the time of reappointment. - Prior to this Act, the Metropolitan Council could suspend a watershed plan indefinately for any reason. This Act provides that the Council may require plan changes only if one of the four systems is affected. - Watershed District land use control is limited per 'VIMIO Authority and Poorer' as defined later in this summary. WATERSHED 1:'LNAGF,F'NT ORGANIZATION (W! %10) -A Watershed Management Organization (VUO) must be established for each watershed wholly (au , least 90%, or more) located within the P�.etropolitan Area by Decezber 31, 1983 through Chapter 112 (Watershed District Act) or a joint pourers arrangement among the affected cities and towns. If by that time, a ti'r:.0 is not formed, the county or counties affected will assume the authority and duties for that watershed except for watersheds wholly or partly in Hennepin and Ramsey Counties. In these .' t � of a h4 formation Chapter 112 Watershed District petition for � counties, _ x111 etlt n two the count P Y P which cannot cross a primary river. Prior to planning, a WMO must submit a map of -its bourdries to the state crater resources board for review and comment on conformance with the requirements of this Act. A MO may request the county to prepare its plan. A county -nay delegate plan preparation to the soil and water conservation district or to a city or town upon request of the city or town. , �'r 7 A11THORZT AM ID k'O-71:11 !i. To prepare and adopt plans B. To review and approve local water management plans C. To regulate use and development of land if: 1. The local unit does not have an approved plan or has not adopted an implementation program; 2. A user application to the _local unit requires a variance from the local plan or implementation program; 3. The local unit has authorized the ti; "A0 to require land use permits. D. To enter into contracts for performance of functions with local units or persons and other pourer as necessary to excercise authority under clause A, B, or C. IIRMO PIMI CONTEINT LND TI?;FSNO The plan shall extend through the year 1990 or any year thereafter divisible by 5 and be submitted for review by December 31, 1985. Existing Watershed District plans remain in force until amended, superceded, or submitted without change for review as required by this Act. The VWIO plan shall: (a) Describe the existing physical environment, land use, and development in the area and the environment, land use, and development proposed in existing local and metropolitan comprehensive plans; (b) Present information on the hydrologic system and its components and existing and potential problems related thereto; ( .e) State objectives and policies, including management principles, alternatives and modifications, water quality, and protection of natural characteristics; (d) Set forth a management plan, including the hydrologic and crater quality conditions that vrill be sought and significant opportunities for improvement; (e) Describe conflicts between the wratershed plan and existing plans of local government units; (f) Set forth an implementation program consistent with the management plan, which includes a capital improvement program and standards -and schedules for amending the comprehensive plans and official controls of local government units in the watershed to bring about conformance with the watershed plan; and (g) Set out a procedure for amending the plan. -2- V7';7 /I.T'P " ���.�. L';)on completion lint prior to adoption the Arlan shall be submitted for revie and cotmmern t to th follo"71 r i : a. Soil and Water Conservation Districts - Review and Comment, No time limit stated; b. City and /or Towns affected - Review and Comment plus detail coaiment on any amendments to comprehensive plan that may be necessary; time to review is 60 days; then to c. Counties t.ffected - Review and Comment plus approval of any project requiring county funding; tune to review is 60 days; then to d. 1!etropolitan Council - Review and Comment; apparent time to review is 120 days; then to e. Commissioner of Natural Resources and Pollution Control Agency - Review and Comment on consistency with state law and rules relating to water and related land resources; time to review is 60 days; then to f. State Water Resources Board- Review and Approval per requirements of Chapter 112 and this Act, plus settlement of disputes betwleen counties approving and disapproving projects per review in clause c.; time is 45 days to hold a hearing but riot stated as to final decision after hearing; and finally to g. 19MO for Adoption and Implementation; time is 120 days after all reviews have been completed. Project implementations may commence by resolution of the CMG Yanagers without petition as was required by Chapter 112. If all organization, planning reviews, and adoption require the maximum time without extensions, local planning initiation would not occur until April 15, 1987. LOCAL WATER 11.-'_NAGF?-:ENT PILkN AND CONTENT After final adoption of the watershed plan by the 191'.0, local units having land use planning and regulatory responsibility for territory within the watershed shall prepare or to be prepared a local water management plan, capital improvement program, and official controls as necessary to conform with the watershed plan within the ti_ ^e period prescribed in the Z,10 plan >and, as necessary, shall prepare amendments to the local comprehensive plan. Each city or torn in counties other than Hennepin and Ramsey shall by resolution determine whether to prepare the plan itself or delecate preparation of part or all of the plan to the county. To t. ".e degree of detail required in the watershed plan, each local plan shall: (a) Describe existing and proposed physical environment and land use; (b) Define drainage areas and the volumes, rates, and paths of stormwater runoff; (c) Identify areas and elevations for stormwater storage adequate to meet performance standards established in the watershed plan; (d ts-iter nual.-ity and •iac er quality protection methods adequa to perfor;aan;;e stand rJs es Labli: hr_ in thy. v atershed plan; (c) I6 rc�,�.Llated :ire .u; 4.rtd (f) Set forth an. implementation program, including a description of official controls and, as appropriate, a capital improvement program. FOCAL PIS IN ILL' VIE'+'J / 1?'PROVAL /l,'.�`:U!LEI1T Local plans grill be submitted to the W11110 for review for consistency tirith the over - all watershed plan. The must approve or disapprove �rithin 60 days. Thereafter, the local unit shall adopt and implement its plan within 120 days and shall amend its official controls within 180 days. Amendments to the local water management Klan shall be handled in the same mariner as the original plan or as defined -in the VIIMO plan. Amendments necessary; if any, to the comprehensive plan grill be pro - cessed as any other amendment through the A,ietropolitan Council. LEVY LRUT EMT - TI0N Any levy to pay the increased costs to a local unit or WIvO for planning, capital improvements, or maintaining improvements shall be a special levy in addition to other taxes authorized by law or limits imposed by Chapter 275. A mainten_sice levy for a V1, for projects certified through the county shall not be a special levy for taxes payable in 1985, and thereafter. (NOTE: Due to sentence construction in the law, it is possible that n(- special levy exists until 1985 for any part of the process. A ruling on this is currently being sought.) WATERSHED 11LIIIAGE IENT TAX DISTRICT A local unit may establish a Watershed Management Tax District to pay for the costs of planning required by formation of a joint powers WIMO and /or its local plan. Once plans have been adopted by the lr ,i0 and local unit, a Watershed 1::anagement Tax District may be formed for the purpose of paying for water facilities described in the capital improvement program of the plans and for normal and routine maintenance of the facilities. For each Watershed Management Tax District a public hearing with appropriate notice must be held and an ordinance passed. Any tax levied in a tax district must be paid into a fund to be used for the stated purpose. WMO CAPITAL P.TROZn':TNTS, PAY ".".ENT BY COUNTY Either a Chapter 112 or joint powers WM0 may certify a project to' the county to be paid through tax levy from the watershed area rather than special assessments. A Public hearing with appropriate notice must be held. Bonds will be sold by the county pledging full faith and credit within the district and a levy Made - within the district sufficient to pay the principal and interest. hO,ln:� Any bond3 issued for projects shall be sold, issued, an.l secured in accordance with a 4 £ G.C. Bonds except no election shall be required. 1 for Chapte r > p EFFECTIVE DATE This Act shall be effective August 1, 1982. F 4/7/82 RP /cr -5- Member introduced the following resolution and moved its adoption: RESOLUTION NO. ` RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL SERVICES RELATING TO DEVELOPMENT Or A MUNICIPAL GOLF COURSE WHEREAS, the City owns certain lands located Westerly of Lions Park; and WHEREAS, the City Council is considering possible future development of a municipal golf course in this area; and WHEREAS, it will be necessary to obtain a permit from the U.S. Corps of Engineers for the purpose of developing a municipal golf course; and WHEREAS, the City Council has determined that it will be beneficial to the City of Brooklyn Center to utilize the services of a landscape architect to assist City staff in preparing the application for permit from the U.S. Corps of Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that: 1. The Mayor and City Manager are hereby authorized and directed to execute an agreement with Brauer and Assc;;iates, Ltd., Inc. `.p to provide professional services for the purpose of obtaining t a U.S. Corps of Engineers permit for the proposed municipal golf course. The fee for said services shall not exceed $2,030 plus direct expenses as described within the agreement. 2. There is hereby appropriated from the Capital Projects fund, the sum of $3,000.00 to provide for payment of the consulting services contemplated by said agreement and to provide for payment of $880.20 for preliminary services previously provided by the consultant. 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. .! t K p. fw U C City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 v As of December 25, 1982 82 -67 Golf Course v Permit Resolution a V ' STATEMENT OF ACCOUNT ❑ FOR PROFESSIONAL SERVICES RENDERED Preparation for and coordination of meeting with COE and USFWS staff P including: n * Preliminary meeting with City staff for strategizing (12/16/82) * Preparation of graphics illustrating extent and quantity of fill * Attendance at meeting of 12/17/82 y � Senior Professional -_ - - -- 1.5 hours @ 60.00 $ 90.00 Professional IV - - 13.0 hours @ 46.00 598.00 Senior Technician - - - - -- 3.5 hours @ 32.00 112.00 Technician IV 2.5 hours @ 22.00 55.00 Postage .60 Prints 1.20 Mileage 23.40 ` TOTAL BILLING $ 880.20 1 f '.^- ,^^. -„• — ..- ....,......_. ...mss.-- ...... .-- ,+�.w..•e.....+. ..- .+..+ - �sic.w, -.+T^ t , December 2.3, 1982 Mr. Sy Knapp City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Contract Proposal for Golf Course Permit Services Gentlemen: This letter proposal outlines a scope of services, fee sched- ule, and other elements which will serve, if approved, as an agreement event between the CITY OF BROOKLYN CENTER hereinafter referred to as the OWNER, and BRAUER & ASSOCIATES LTD., hereinafter referred to as the CONSULTANT. It is the intention of the OWNER to retain the CONSULTANT to provide professional environmental and design services for the purpose of obtaining a U.S. Army Corps of Engineers Section 404 permit for the proposed municipal golf course, hereinafter referreJ to as PROJECT. The OWNER and CONSULTANT agree as set forth below. A. SCOPE OF SERVICES 1. Basis Services a. Provide U.S.F.W.S, officials with the base data and design required to prepare a Habitat Evalua- tion Procedure (HEP). b. Review results of HEP with U.S.F.W.S. and OWNER and revise design accordingly. c. Prepare new concept plan to submit with Section 404 permit application. d. Prepare preliminary grading plan (only if required by U.S.F.W.S.). 'U e. Assist OWNER in compiling and preparing revised Section 404 permit application: Qs f. Meet with OWNER and regulatory officials as required. m 7901 dying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941 -1660 City of Brooklyn Center -2- December 23, 1982 2. Ad Services a. Prepare construction cost estimate. b. Detail design, construction drawings and specifi- c a t i o n s . c. Periodic construction observation. B. FEES FOR PROFESSIONAL SERVICES The OWNER shall compensate the CONSULTANT for completion of professional services described above as follows: 1. For CONSULTANT'S Basic Services, as described in Paragraph's A.1.a. through A.1.f., an hourly fee not to' exceed TWO THOUSAND DOLLARS ($2,000.00), .(exclu- sive of direct expenses). 2. For the CONSULTANT'S Additional Services, as describe in h' A through A.2.c. a fee d Paragraph's .2.a. t y , computed on the basis of the current hourly rate schedule, a lump sum fee based on a specific scope of services or a percentage fee based on the estimated and /or actual budget as requested by the OWNER. 3. The CONSULTANT'S Direct Expenses include actual expen- ditu es d' e h h PROJECT including r directly connected with the Y mileage, long- distance telephone calls, cost of soil borings, testing or special consultants as directed by the OWNER, and identifiable materials, services or supplies used in reproduction of reports, drawings, " specifications or field work. C. PAYMENTS TO THE CONSULTANT_ shall be made as follows: 1. Statements will be submitted to the OWNER on a monthly basis, with a breakdown of time and expenses for services performed, or work completed, through the 10th and 25th of the previous month. 2. Payments on account of the CONSULTANT'S services, are due and payable within 30 days of receipt of CONSULTANT'S statement of services rendered.' An interest charge of 1% per month will be charged to- any outstanding balance. City of Brooklyn Center -3- December 23, 1982 D. O1IHER'S RESPONSIBILITY The OWNER shall make available or allow access to all existing data related to the work and all other data or information which may develop that could possibly have a bearing on the decisions or recommendations made under this Agreement. More specifically, the OWNER shall pro - vide the following: 1. One (1) person to serve as the OWNER'S agent for review and basic project direction. 2. Permitting fees that may be required for the PROJECT. E. TERM, TERMINATION, SUCCESSORS AND ASSIGNS 1. The Term of the Agreement /Contract shall be con - current with the work authorized and shall be ini tiated at the OWNER'S direction. 2. Termination may be accomplished at any time by writ- ten notice, ten (10) days prior to termination. This shall not relieve the OWNER of his obligation to p.ay for the full value of the services performed to the date of termination. 3. The OWNER and the CONSULTANT each binds itself, its partners, successors, assigns and legal represen- tatives to the other party of this Agreement, and to the partners, successors, assigns and legal represen- tatives of such other party with respect to all cove - nants of this Agreement. 4. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. City of Brooklyn Center -4- December 23, 1982 IN WITNESS WHEREOF the OWNER and the CONSULTANT have made and executed this Agreement, This day of 1982. CITY OF BROOKLYN CENTER Brooklyn Center, Minnesota In presence of: Mayor City Manager BRAUER & ASSOCIATES LTD. Ed Prairie, Minnesota In presence of: O l � r' . Jbhn A. WorralI ice President mt Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO APPROPRIATE FUNDS IN THE CAPITAL PROJECTS FUND WHEREAS, the City of Brooklyn Center has established a Capital Projects Fund to provide funds, and to account for the expenditure of such funds, for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays; and WHEREAS, the City Council has authorized the Mayor and the City Manager to enter into an agreement for the purchase of real estate west of Lions' Park in the amount of $70,000 to be used for park or open space purposes; and WHEREAS, the City Council has approved the expenditure of funds in the amount of $196,048, in addition to the amount of $97,100 which was previously appropriated from proceeds of a City land sale, for the new access to the Civic Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the sum of $270,000 be appropriated from the Capital Projects Fund fund balance to the following projects in the amount indicated: PROJECT Project No. Amount Lions' Park West 48 $70,000 Civic Center Access 57 $200,000 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon-said resolution was declared duly passed and adopted.. a M -& C No. 83 -1 January 7, 1983 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Preliminary Design for Proposed Golf Course To the Honorable Mayor and City Council: Early last year the City Council authorized the purchase'of the land adjacent to the,Brookdale water tower and Lions Park for flood plain purposes and land for a golf course. Based on the preliminary work done by Brauer & Associates, substantial fill is needed to make the golf course an eventual reality. Since the City's pur- chase of this land, we received a number of inquiries regarding locations for dump- ing clean fill. We have been able to negotiate with a number of contractors to dump the clean fill on the golf course site without cost to the City. If you have looked at the site recently, you will notice that quite a bit of fill has already been brought to the site and before we can place it in the areas on the site that the preliminary design of the golf course calls for, we must have permits and approval from the Corps of Engineers and various other agencies. We recently initiated this process and found that the requirements of these agencies require us to do additional preliminary design work on the golf course so that we can establish final elevations in greater detail to demonstrate where the filling will occur. ,Our staff is not capable of doing some portions of work and I would like to request authorization to expend up to $3,000 with Brauer & Associates to assist us in doing the further preliminary design work needed to fill out the necessary application forms for permits from State and Federal agencies. These funds would be from the.Capital Improvements Account currently allotted for purchase of the property. Please understand the golf course is still a long way off in terms of development, and additional design work would still have to be done even if the Council approves' this additional design work. However, if authorized, this will allow us to proceed to acquire the final permits from various State and Federal agencies. It will allow us to place the fill as we get it in the final location and, thus, eventually when the golf course is developed, save considerable amounts of money. It may take us many years to get enough free fill to develop the golf course, but with various construction projects in the area, we do from time to time get requests for a location for substantial amounts of fill. There is no question in.my mind that with the expendi- ture of this $3,000 there will be many fold savings in the future if we do this work now and complete the minimum planning and design necessary: Respectfully submitted, ,. Gerald G. Splin r city Manager CITY OF BROOKLYN CENTER_ APPENDIX C Article 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 Werner 12/13/65 A David Shull 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 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 Article II The parties to this contract agree that salary provisions from the 1982 Local 89 contract will continue in effect pendipg � //�► resolution of new contract language. Parties agree that�e� #� Xioarpora6a do not qualify for overtime, longevity, educational incentives, call back, standby and compensatory time provisions in this contract pending resolution of language for 1983. FXT t ARTICLE 2.1 Add "Sergeant /Corporal" R ICL A T E 9.1 Seniority hall be determined b continuous le Y Y 9 of service in all of the job classifications covered by this agreement. Employees promoted from classifications covered by this agreement to a position outside the bargaining unit will continue to accrue seniority under this agreement 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 agreement. Employees lose seniority under this agreement 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. ARTICLE 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 an �one h� A e the em to ee s re ular base ry u p y g pay rate, For purposes o his article, shift extensions, elected overtime, voluntary changes of shifts, City contracted work, training, and court time are considered as duty free time. ARTICLE 13.8 As an option to monetary compensation for overtime a uniformed patrol officer may annually elect compensatory time off at a rate of one and one half (1h) time, and an employee qualifying for investigator differential on a longterm basis may annually lect compensatory time off at a rate of straight Y p Y 9 time plus one half (h) hour monetary compensation. An employee's compensatory time bank shall not exceed forty hours at anytime 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. No compensatory will ARTICLE 13.8 (Continued) 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 employer with prior approval of the employer designated supervisor. Remove definition B -1 paragraph 1 "Compensatory time" and renumber section. t FOR L L.S. LOCAL 82 Dekfnlis F la her y, J Date./ A Vi Robert Dirks Date E; FOR THE CITY OF BROOKLYN CENTER f Gerald G. Splin e Date Date t 3 1 7g Member introduced the following resolution and moved its adoption: t RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR CLOSED CIRCUIT TELEVISION SYSTEM WHEREAS, the City Council of the City of Brooklyn Center, Minnesota deems it necessary and in the best interest of the City to purchase closed circuit television system; and WHEREAS, the City Manager has reported that said closed circuit television system may be purchased at an estimated cost of THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The specifications for the closed circuit television system are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted at least once in the official newspaper an advertisement for bids based on the approved specifications. The advertisement shall appear no less than three days prior to the date for receipt of bids. The notice shall state that said bids will be received by the City Clerk until 2:00 p.m. on February 10, 1983 at which time they will be publicly opened in the City Council Chambers at City Hall by the City Clerk and will then be tabulated and will be considered by the City Council at 7:00 p.m. on February 14, 1983 in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk. 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. s } BROOKLYN CENTER POLICE DEPARTMENT CLOSED CIRCUIT TELEVISION SYSTEM Introduction The City of Brooklyn Center requests your competitive proposal to furnish and install a closed circuit television system for the police department, 6301 Shingle Creek Parkway. The system con- . sists of cameras, monitors, controls, tape recorder, and related accessories. Cameras are to be furnished at three locations in the building. All monitors will be located in the new Communi- cations Center room in an overhead rack furnished as part of the project above the radio console furnished by others to be installed in the first quarter of 1983. You are invited to visit the police department and inspect the area where equipment is to be installed. Contact Chief James Lindsay, 561 -5440, to make arrangements for a site visit. Form of Proposal It is the intention of the City to make an award for this work based upon proposals received from the various vendors. Equip- ment and prices should be detailed so the City can identify exactly what is proposed to be furnished. Include catalogue sheets and descriptive literature. Your proposal should be delivered to City of Brooklyn Center Chief James Lindsay Police Department 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Proposals are due on or before February 10, 1983, 2:00 p.m. Maintenance Show maintenance prices for equipment quoted, per month, parts and labor included. Basic maintenance price should consider service at Brooklyn Center Municipal Building only during business hours, Monday through Friday, holidays excluded. Response to a call for repair service must be made not later than the next regular busi- ness day after receipt of the call. Quote emergency service rates for calls outside business hours, any time of the night, weekend, or holidays. Emergency rates should include labor only since all parts would have been required anyway for repair the next business day. Experience Please give three references to illustrate your experience in furnishing, installing, nd maintaining equipment similar to 5. g equipment requested here. Each reference should include a brief description of the project and show name, address, and telephone number of the cognizant official. System Design This invitation is essentially a description of required perfor- mance. Detailed system design is left to the vendor provided performance objectives are maintained. The City will install coaxial cable furnished by the vendor for each camera. A pigtail of sufficient length will be left at each camera or monitor location to permit the vendor to install connectors as required and make connections to equipment. The City will provide 117 vac power at camera and monitor locations, as required. The vendor is invited to consider powering cameras from a central low voltage power supply furnished and installed by him. In such case, City personnel will run additional wire furnished by the vendor, if required, to camera locations. 2 R Installation and Construction Practices All installations are to be made in a neat and workmanlike manner. The contractor will be expected to use workers experienced in their trades who can follow the system requirements of these specifications to produce a finished closed circuit television system which is a credit to both the contractor and the City of Brooklyn Center. All equipment shall use a consistent cabling scheme. All ter - minals shall be marked. Cabling records are required which docu- ment all cabling installed as part of this project. Three sche- matic diagrams suitable for posting shall be provided. The dia- grams shall be of a size easily readable and suitable for marking changes or additions. Diagrams shall be of drafting quality. Cabling documentation shall be in three parts: 1. Floor Plan A simple diagram showing location of all equipment furnished as part of this project. 2. ' Block Diagram A block diagram identifying all equipment by its designated name and all terminals and cables by their numbers. 3. Wiring Diagram The wiring diagram shall show in detail the connections of all control, audio, and video functions carried on the cabling system. It shall be possible to trace a function from its origin to each and every connection point in a "continuous manner. All wiring shall be depicted on a single page diagram. The use of wire lists requiring jumping from one reference to another or from page to page will not be accepted. 3 Cable shall be either audio /control of a quality consistent with inside telephone plant good construction practice or 75 ohm coaxial cable, as appropriate. All audio /control circuits shall terminate in positive engagement connectors or spade lugs. Connectors held together by friction alone will not be accepted. The contractor shall put all equipment into satisfactory operation and perform all work as necessary for tuning, adjusting, etc. required for satisfactory operation using his regular full time employees. Acceptance of the work will be made on a project basis and final payment will not be made until the last discrepancy has been corrected. Instruction Manuals and Parts Lists Furnish with system acceptance by the City and before final payment two complete and final copies of instruction and maintenance man- uals for each item of equipment furnished by the contractor. All manuals shall reflect equipment and system "as built ". instruction manuals shall be prepared so as to be easily understandable by any technician familiar with similar equipment and accessories but having no specific knowledge of this system or equipment provided by the contractor. Instruction manuals and /or supplementary in- formation provided by the contractor shall include: a) Safety Notice: A safety notice shall be prominently displayed and shall include all safety precautions to be taken by personnel 'employed in the maintenance of the equipment. b) System drawings, comprising detailed drawings applicable to the system and showing connection points for video, audio, control, and power connections. C) Parts lists with identification symbols or part numbers for all replaceable parts and assemblies. Parts lists shall include technical description of parts to aid in ease of procurement. 4 Text of the various instruction manuals shall include: a) Description: which shall contain a general description of the unit followed by a detailed description and discussion of mechan- ical construction and electrical theory of operation of the subject unit. b) Operation: which shall outline and describe in detail all adjustments, checks, and tests required to place the subject unit in operation. Instructions and information regarding the limi- tations of the equipment shall be given, especially in connection with components likely to be damaged by improper adjustments. c) Maintenance: which shall be devoted primarily to maintenance of the equipment and shall give detailed instructions for its inspection and repair. A table shall be included showing routine inspections and tests which are required to assure continuity of service. This section shall contain a list of possible troubles together with their remedies and a display of normal voltages and currents for various items, over their normal range of operation. The instruction book shall contain a complete list of all parts for the subject unit including such minor items as sockets, terminal strips, etc. Cameras Three cameras are required: (1) view of the public counter at the police department looking towards the public; (2) view of inside rear door looking towards entering the police department; (3) view of booking counter from across the hall. All scenes are illuminated with ceiling mounted fluorescent lights. All camera sites are inside the building and maintained at•usual temperatures for occupied buildings. 5 Suggested mounting location for the camera to view the public counter is on the wall above a filing cabinet behind the counter. Distance from camera at this location to subject is about 9 1 . Maximum depth of the scene is about 9' (18' from camera). Desired scene width at 9' from the camera is width of the counter about 9'. Suggested mounting location for the camera to view the rear in- side entrance to the police department is down the hall towards the outside door to the building, perhaps 15' from the inside door to be viewed. Required scene height at the inside door is equal to height of the door. Suggested mounting location for the camera to view the booking counter is on the south wall of the hallway at the booking area. Camera to subject distance will be about 15' with required scene height at this distance of about 7'. All cameras shall be fixed focus and rigidly mounted to their supports. All cameras shall be furnished with tamperproof housings. Resolution: 600 lines or better Amplitude response: greater than 50% at 250 lines with vidicon Signal to noise: 44 db or better Grey scale: 10 steps, minimum Video output: 1.0 - 1.4 volts p -p, adjustable, 75 ohms. Geometric distortion: 1.5% maximum of picture height within center of circle with diameter equal to picture height. 2% maximum overall. Sweep loss protection:. camera tube shutdown upon loss of horizontal sweep. Environment: OoF to +140 0 -95% relative humidity. 6 Cameras shall equal or exceed performance of RCA 200 series cameras. Audio A microphone shall be furnished and installed_ under the counter of the booking area at a hole in the face of the counter made by the contractor. The hole shall be covered by a suitable grill in an inconspicuous manner. The microphone shall feed a pre- amplifier furnished and installed by the contractor. It is pre- ferred the pre - amplifier be rack mounted on 19" rails inside the nearby radio dispatch console to be furnished by others in the first quarter of 1983. Output of the pre -amp shall be a 600 ohm balanced audio line at 0 dbm. The output will be connected to an appropriate amplifier /speaker system in the radio console by others. Additionally, microphone audio shall be used to feed a video cassette recorder as further specified below. Video Tape Recorder A free standing video cassette tape recorder shall be furnished with this project. The recorder shall be suitable for remote control and furnished with pendant with remote control switches. The recorder shall use 1/2" video tape cassettes. A time and date generator shall be furnished and installed in the turret of the radio dispatch console together with switching panel to switch the recorder /time /date combination between the cameras viewing the front counter and booking area. The time and date generator shall be RCA TC1440B, Vicon V240T or equal. The unit shall maintain correct time during power switching which occurs weekly as the emergency generator is exercised. Standby battery shall be nickel cadmium or gel cell with trickle charger. 7 Monitors s Three 12" diagonal measure video monitors shall be furnished and installed in a ceiling or wall mounted fixture above and be- hind the dispatch console for viewing by the radio dispatchers. One monitor shall be devoted to each camera. The monitor used for the booking area camera shall include a remote on /off switch which shall control this monitor plus the booking area camera and audio circuit. The switch shall be included in the rack mounted panel which also includes the time and date generator, and switcher for the tape recorder. Video input: 0.5 to 2.0 volts, p -p Horizontal resolution: 700 lines, nominal Geometric distortion: less than 2 %, EIA ball and dot chart Impedance: High z or 75 ohms, switchable Primary power: 117 vac, 60 Hz 8 Member introduced the following resolution and moved its adoption: fie RESOLUTION NO. RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City•of Brooklyn Center, Minnesota (the City), as follows: Section 1. Recitals. 1.01. The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and and commerce through governmental acts to prevent, insofar as possible, the emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local governmental units to act to prevent such economic deterioration. 1.02. Donald Byerly, a Minnesota resident (the Applicant) has advised this Council of his desire to acquire land and construct and equip thereon a 65,000 square foot supermarket facility in the City, which facility will include a bakery, restaurant, gift shop and related facilities (such acquisition, construction and equipping hereinafter is referred to as the Project). The estimated total cost of thv Project is $9,590,000. 1.03. The City is authorized by the Minnesota Municipal Industrial °i Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), to issue {- revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) to finance capital projects consisting of properties used or useful in connection with a revenue - producing enterprise. The Applicant has requested that the City issue its revenue bonds in the approximate principal amount of $9,590,000 to finance the cost of the Project. Section 2. Public Hearing 2.01. Section 474.01, Subdivision 7b of the Act requires that prior to submission of an application to the Commissioner of Minnesota Department of Energy, Planning and Development requesting approval of the "Project as required by Section 474.01, Subdivision 7a of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Project. Pursuant that provision, a public hearing on the proposal to undertake and finance the Project is called and shall be held on February 14, 1983, at 8:OO o'clock p.m., at Council Chambers, Brooklyn Center City Hall, 6301 Shingle Creek Parkway. 2.02. The City Clerk shall cause notice of the public hearing to be published once in the official newspaper of the City and once in the Minneapolis Star and Tribune a newspaper of general circulation throughout the City, at least once not less than fifteen (15) nor more than thirty (30) days prior to the date fixed for the hearing, such notice to be in substantially the following form: " RESOLUTION NO. NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OE INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 474, AS AMENDED CITY OF BROOKLYN CENTER, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota, will meet on February 14 , 1983, at a:oo O'clock p.m., at council Chambers , in Brooklyn Center, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended, in order to finance the cost of a project on behalf of Donald Byerly, a Minnesota resident (the Borrower). The proposed project will consist of the acquisition of land and the construction and equipping thereon of a 65,000 square foot supermarket facility in the City, which facility will include a bakery, restaurant, ift shop and related facilities the g p { Project). The estimated total amount of the proposed bond issue is $9,590,000. The Bonds shall be limited obligations of the City and the Bonds and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that the Bonds may be secured by a mortgage or other encumbrance on the Project or property of the Borrower. No holder of any Bond shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds, or the interest thereon, nor to enforce payment against any property of the City except the revenues pledged to the payment thereof. A draft copy of the proposed application to the Minnesota Department of Energy, Planning and Development for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk, weekdays, between the hours of and All persons interested may appear and express their views with respect to the proposal to undertake and finance the proposed Project. I Dated: January ua y 10, 1983. .. BY ORDER OF THE CITY COUNCIL Gerald Splinter City Clerk RESOLUTION NO. 2.03. A draft copy of the proposed application to the Minnesota Department of Energy, Planning and Development, together with all attachments and exhibits thereto, are hereby ordered placed on file in the office of the j City Clerk, and shall be available for public inspection, following the publication of the notice of public hearing, weekdays, between the hours of 8 :00 a.m. and 5:00 p.m. Section 3. Special Obliqation In all events, it is understood, however, that an bonds issued b o Y Y the City pursuant to the Act to assist in the financing of the Project shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the revenues pledged to the payment of the Bonds; that each bond, when, as and if issued, shall be payable solely from the revenues received from the Pro and property o ert pledged to the a P P Y P g payment thereof and shall not constitute a debt of the City; and that the Borrower shall save and hold the City harmless with respect to any and all liabilities and expenses incurred by the City with respect to the Project and the Bonds. 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 3 APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND PROJECT FINANCING CITY OF BROOKLYN CENTER I. Applicant: a. Business Name: Donald Byerly b. Business Address: 7171 France Avenue South Phone: 612 -831 -3601 Edina, Minnesota 55435 c. Authorized Representative: Mr. Verle Poffenberger d. Address: 7171 France Avenue South Phone: 612 - 831 -3601 Edina, Minnesota 55435 e. Business Form: n/ a II. Nature of Business: (provide a description of our business and /or product Y p and as ro osed with this p p s . development if different). ) Retail food business facilities located throughout the Twin Cities. III. Proposed Development: a. Describe the proposed project and its location. Construct a 65,000 square foot full service supermarket and restaurant located in the southwest quadrant at- Shingle Creek Parkway and Summit Drive. b. Is the proposed project a new facility o ? P P J y ran expansion. Describe. The project will be a new facility. c. Explain the need for the project in Brooklyn Center. Market research has indicated that the community has a need for a high quality, full range supermarket. d. What other potential uses are there for the facility? N/A e. Will the proposed facility attract other business to the area? Describe. The project will incorporate a bakery, restaurant, gift shop and complement existing retail a ctivities in the P r 9 area. IV. Financing: a. Estimated Costs: 1. land $ 1,300,000 2. building 4,300,000 3. equipment 4. other (explain) soft costs 990 5. Total: $ 9,590,000 b. Total amount of financing requested: 9 ., 90 9 q $ ,000 C. Source of other funds to be used for the proposed project. N/A d. Have you applied for conventional financing? If yes, describe: If no, why not: Conventional rates are either unavailable for long term financing or rates are substantially 9 B ally too high to create a feasible project. e. Have you ever filed for bankruptcy? If yes, provide details. No. f. Have you ever defaulted on any bond or mortgage payment? If yes, provide details. No. g. Has your business ever received industrial revenue bonds before? If yes, provide details. Byerly's Ridgehaven Store in Minnetonka. V. Other: a. Provide the names and addresses for your underwriter, bond counsel, corporate counsel: Underwriter Bond Counsel Corporat Couns Leonard per John it y ofi Moe Juran & Moody, Inc. Dorsey & Whitney Dorsey & Whitney 400 No.Robert -Suite 800 880 lst National Bank 2200 lst Bank Pl. St. Paul, MN 55101 St. Paul, MN 55101 Minneapolis, MN 55402 b. What is your target date for: 1. construction start July 1, 1983 _ 2, construction completion — 1, VI. Financial References: a. Bank First Bank Minneapolis b. Mortgage l Applicant f By Date For Further Information, Contact City Manager's Office City of Brooklyn Center, Minnesota 55430 Phone (612) 561 -5440 APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND PROJECT FINANCING CITY OF BROOKLYN CENTER I. Applicant: a. Business Name: Donald Byerly b. Business Address: 7171 France Avenue South Phone: 612 -831 -3601 Edina, Minnesota 55435 c. Authorized Representative: Mr. Verle Poffenberger d. Address: 7171 France Avenue South Phone: 612 - 831 -3601 Edina, Minnesota 55435 e. Business Form: n/ a II. Nature of Business: (provide a description of your business and /or product and as proposed with this development if different). Retail food business facilities located throughout the Twin Cities. III. Proposed Development: a. Describe the proposed project and its location. Construct a 65,000 square foot full service supermarket and restaurant located in the southwest quadrant at Shingle Creek Parkway and Summit Drive. b. Is the proposed project a new facility or an expansion? Describe. The project will be a new facility. c. Explain the need for the project in Brooklyn Center. Market research has indicated that the community as a need for a high quality, f ull range supermarket. Y t 9 q Y, d. What other potential uses are there for the facility? N/A e. Will the proposed facility attract other business to the area? Describe. The project will incorporate a bakery, restaurant, gift shop and complement existing retail activities in the area. IV. Financing: a. Estimated Costs: 1. land $ 1,300,000 2. building 4,300,000 3. equipment 4. other (explain) soft costs 990,00 5. Total: $ 9,590,000 b. Total amount of financing requested: $ 9,590,000 C. Source of other funds to be used for the proposed project. N/A d. Have you applied for conventional financing? If yes, describe: If no, why not: Conventional rates are either unavailable for long term financing or rates are substantially too high to create a feasible project. e. Have you ever filed for bankruptcy? If yes, provide details. No. f. Have you ever defaulted on any bond or mortgage payment? If yes, provide details. No. g. Has your business ever received industrial revenue bonds before? If yes, provide details. Byerly's Ridgehaven Store in Minnetonka. V. Other: a. Provide the names and addresses for your underwriter, bond counsel, corporate counsel: Underwriter Bond Counsel Corporate Counsel Leonard amper ohnn Kirby 'tom Moe Juran & Moody, Inc. Dorsey & Whitney Dorsey & Whitney 400 No.Robert -Suite 800 880 lst National Bank 2200 1st Bank P1. St. Paul, MN 55101 St. Paul, MN 55101 Minneapolis, HN 55402 b. What is our target date for: y 9 I. construction start Jul 1, 1983 2. construction completion July 1,� VI. Financial References: a. Bank First Bank Minneapolis I b Mortgage Applicant` By Date For Further Information, Contact City Manager's Office City of Brooklyn Center, Minnesota 55430 Phone (612) 561 -5440 APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND PROJECT FINANCING CITY OF BROOKLYN CENTER I. Applicant: a. Business Name: Donald Byerly b. Business Address: 7171 France Avenue South Phone: 612 -831 -3601 Edina, Minnesota 55435 c. Authorized Representative: Mr. Verle Poffenberger d. Address: 7171 France Avenue South Phone: 612 - 831 -3601 Edina, Minnesota 55435 e. Business Form: n/ a II. Nature of Business: (provide a description of your business and /or product and as proposed with this . development if different). ) Retail food busin facilities located thro ughout hoot the Twin � Cities. g ties. III. Proposed Development: a. Describe the proposed project and its location. Construct a 65,000 square foot full service supermarket and restaurant located in the southwest quadrant at Shingle Creek Parkway and Summit Drive. b. Is the proposed project a new facility or an expansion? Describe. The project will be a new facility. c. Explain the need for the project in Brooklyn Center. Market research has indicated that the community has a need for a high quality, full range supermarket. d. What other potential uses are there for the facility? N/A e. Will the proposed facility attract other business to the area? Describe. The ro'ect p � will incorporate a bakery, restaurant, gift shop and complement existing retail activities in the area. IV. Financing: a. Estimated Costs: 1. land $ 1,300,000 2. building 4,300,0 3. equipment 4. other (explain) soft costs 990,0 5. Total: $ 9,590,000 b. Total amount of financing requested: $ 9,590,000 C. Source of other funds to be used for the proposed project. N/A d. Have you applied for conventional financing? If yes, describe: If no, why not: Conventional rates are either unavailable for long term financing or rates are substantially too high to create a feasible project. e. Have you ever filed for bankruptcy? If yes, provide details. No. f. Have you ever defaulted on any bond or mortgage payment? If yes, provide details. No. g. Has your business ever received industrial revenue bonds before? If yes, provide details. Byerly's Ridgehaven Store in Minnetonka. V. Other: a. Provide the names and addresses for your underwriter, bond counsel, corporate counsel: Underwriter Bond Counsel Corporate Counsel Leonard per Join Kirby 'Tom Moe Juran & Moody, Inc Dorsey & Whitney Dorsey & Whitney 400 No.Robert -Suite 800 880 1st National Bank 2200 1st Bank Pl. St Paul, MN 55101 St. Paul MN 55101 Minneapolis, MN 55402 b. What is your target date for: 1. construction start July 1, 1983 _ 2. construction completion July 1, 1984 VI. Financial References: olis a. Bank First Bank Minneapolis i P b. Mortgage �� X Applicant By Date For Further Information, Contact City Manager's Office City of Brooklyn Center, Minnesota 55430 Phone (612) 561 -5440 APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND PROJECT FINANCING CITY OF BROOKLYN CENTER • I. Applicant: a. Business Name: Donald Byerly b. Business Address: 7171 France Avenue South Phone: 612 -831 -3601 Edina, Minnesota 55435 C. Authorized Representative: Mr. Verle Poffenberger d. Address: 7171 France Avenue South Phone: 612- 831 -3601 Edina, Hinnesota 55435 e. Business Farm: n/a II. Nature of Business: (provide a description of your business and /or product and as proposed with this development if different). Retail food business facilities located throughout the Twin Cities. III. Proposed Development: a. Describe the proposed project and its location. Construct a 65,000 square foot full service supermarket and restaurant located in the southwest quadrant at Shingle Creek Parkway and Summit Drive. b. Is the proposed project a new facility or an expansion? Describe. The project will be a new facility. c. Explain the need for the project in Brooklyn Center. Market research .has indicated that the community has a need for a high quality, full range supermarket_ d. What other potential uses are there for the facility? N/A e. Will the proposed facility attract other business to the area? Describe. The project will incorporate a bakery, restaurant, gift shop and complement existing retail activities in the area. IV. Financing: a. Estimated Costs: 1. land 1,300,000 2. building 4,300,000 3. equipment , 4. other (explain) soft costs 990,0 5. Total: $ 9,590,000 b. Total amount of financing requested: $ 9,590,000 C. Source of other funds to be used for the proposed project. N/A d. Have you applied for conventional financing? If yes, describe: If no, why not: Conventional rates are either unavailable for long term financing or rates are substantially too high to create a feasible project. w - e. Have you ever filed.for bankruptcy? If yes, provide details. No. - f. Have you ever defaulted on any bond or mortgage payment? If yes, provide details. No. g. Has your business ever received industrial revenue bonds before? If yes, provide details. Byerly's Ridgehaven Store in Minnetonka. V. Other: a. Provide the names and addresses for your underwriter, bond counsel, corporate counsel; Underwriter Bond Counsel Corporate Counsel Leonard amper o3ohn irK by "Tom Moe Juran & Moody, Inc. Dorsey & Whitney Dorsey & Whitney 400 No.Robert -Suite 800 880 1st National Bank 2200 1st Bank Pl. St. Paul, MN 55101 St. Paul, MN 55101 Minneapolis, MN 55402 b. What is your target date for: 1. construction start July 1, 1983 2. construction completion July I, VI. Financial References: a. Bank First Bank Minneapolis b. Mortgage Applicant rj By Date For Further Information, Contact City Manager's Office City of Brooklyn Center, Minnesota 55430 Phone (612) 561 -5440 17 Member introduced the following resolution and moved its adoption: s RESOLUTION NO. E ' RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRE- SENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: Celia Scott is hereby designated as a Representative of the Association of Metropolitan Municipalities, and Gerald G. Splinter is hereby designated to serve as Alternate Representative of the Association of Metropolitan Municipalities for the year 1982 and until their successors are appointed. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, th:.: following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t l 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. DAWN KIEFER WHEREAS, Mrs. Dawn Kiefer served as a member of the Brooklyn Center Park & Recreation Commission from June 1977 through December 1982; and WHEREAS, her devotion to the tasks and responsibilities of the Commission contributed substantially to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gfatitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Mrs. Dawn Kiefer as a member of the Park & Recreation Commission is recognized and appreciated by 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. Member introduced the following resolution and -7,4r moved its adoption: RESOLUTION NO. RESOLUTION APPROVING GEOMETRIC CHANGES AT INTERSECTION OF BROOKLYN BOULEVARD (T.H. 152) AND 56TH AVENUE NORTH WHEREAS, the existing geometric design of the intersection of Brooklyn Boulevard (T.H. 152) and 56th Avenue North allows movements which result in the serious congestion of that intersection during certain periods of a normal day; and WHEREAS, the Minnesota Department of Transportation is proposing a project for cold milling and resurfacing of Brooklyn Boulevard and has indicated a willingness to include geometric changes to the Brooklyn Boulevard /56th Avenue intersection into that project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it approves of a plan for geometric changes to said intersection which will require all Westbound traffic on 56th Avenue North to turn right into the Northbound lanes of Brooklyn Boulevard, thereby prohibiting said traffic from making a left turn to the Southbound lanes of Brooklyn Boulevard. T Date Mayor ATTEST: Clerk .The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken.thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE ABATEMENT OF UNSANITARY, UNSAFE, AND HAZARDOUS CONDITIONS E�aSTING AT 5006 FRANCE AVENUE NORTH IN THE CITY OF BROOKLYN CENTER AND AUIT10RIZING AND DIRECTING THE MAYOR AND CITY MANAGER TO ENTER AN ORDER WITH RESPECT TO THIS HAZARDOUS AND DANGEROL6 BUILDING. WHEREAS, the Director of Planning and Inspection of the City of Brooklyn Center has made a written report to the City Council relative to the condition of the structure at 5006 France Avenue North, Brooklyn Center, Minnesota, which structure is deemed by said Director of Planning and Inspection to be in an unsanitary, unsafe, hazardous and dangerous condition; and tIMPEAS, in said report said Director of Planning and Inspection has recommended that proceedings be commenced for the abatement, correction, razing or removal of said structure and hazardous conditions pursuant to applicable statutes of the State of Minnesota; and WHEREAS, said report has been examined and considered by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. That the unsanitary, unsafe, hazardous and dangerous conditions existing at 5006 France Avenue North, Brooklyn Center, Minnesota, be abated or corrected so as to fulfill the compliance orders issued by the City of Brooklyn Center. 2. That the Mayor and City Manager of the City of Brooklyn Center are authorized and directed to enter an Order directed to the Owner of the premises at 5006 France Avenue North, Brooklyn Center, Minnesota and to all lien holders of record which Order shall direct owner and lien holders to correct, raze or remove the building thereon. 3. The City Attorney is authorized and directed to cause said Order to be served upon the owners of record of said building, or their agents, upon any occupants therein and to proceed with the enforcement of said Order all as provided in Sections 463.15 through 463.26, Minnesota Statutes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager / FRDM: Ronald A. Warren, Director_ of Planning and Inspection DATE: January 6, 1983 SUBJECT: Resolution Ordering the Abatement of Unsafe, Unsanitary and Hazardous Conditions at 5006 France Avenue North A resolution will be presented to the City Council on January 10, 1983 ordering the abatement of unsafe, unsanitary and hazardous conditions at 5006 France Avenue North owned by Marvin M. Norling. This resolution also directs the City staff to begin immediately the process of correcting the deficiencies as well as taking the necessary steps to have the costs of the cleanup assessed against the property owner pursuant to the Housing Maintenance and Occupancy Ordinance and State statutes. This requested action is deemed necessary as a result of an inspection of the property conducted on December 23, 1982. Due to the lack of cooperation on the part of the homeowner, it was necessary to gain access to the premises for this inspection through a search warrant obtained by the Police Department. The in- spection disclosed that the premises was totally filthy, unsanitary and unfit for human habitation. The water to the premises had been disconnected due to delinquent water bills, the furnace was inoperable and the homeowners were heating the property with the kitchen stove. Attached are copies of reports from the Building Inspector and the Sanitarian describing the conditions and the state of the property at the time of inspection. Photographs taken by the Sanitarian and a Police Department Video tape of the house are also a part of our record. The first indication of any problem at 5006 France was during May, 1982 when the Code Enforcement Officer, in a letter, advised the owner of the property to cleanup garbage, refuse, debris and miscellaneous waste materials around the dwelling and porch. This request was not responded to by the property owner and he was sub - sequently cited for a violation of City ordinances. Our department became involved in September and October, 1982 when we were notified by the Public Utilities Division regarding the status of the property while they were attempting to read the grater meter and also by the Police Department who had responded to a call from the homeowners. Compliance orders were prepared, sent by certified mail and posted on the property on October 27 and October 29, 1982 informing the property owner that they had 48 hours within which to make arrangements for an inspection of the premises or the property could be posted "Unfit for Human Occupancy" based on the reports made by the Police Department. The property owner responded by making arrangements for an inspection within the proper time. The month of November was a series of appointments and cancellations or the failure of the owner to be at the premises at the time of a scheduled ins pection. On November 30, 1982, the Public Utilities Division, after proper notice, discon- netted the water to the hone for nonpayment of the bills. On December 1, 1982 the property was posted by the Building Inspector as being "Unfit for Human Occupancy" due to the lack of water to the premises. On December 6, 1982 a compliance order indicating the corrections to be made and giving the owners five days to comply was posted on the premises. The owner of the property made an ap- pointment for an inspection to be conducted on December 17, 1982 at 3:00 p.m. r A-= to Gerald G. Splinter Page 2 January 6, 1983 He called and left a message to cancel this appointment at approximately 1:45 p.m. on that day. Because arrangements had been made, the inspectors attempted to make the inspection, but there was no response. After approximately a month and a half of attempting to make inspections, it was decided that a warrant should be obtained to enter the premises. The warrant was executed as indicated before, on December 23, 1982 at which time the totally unfit conditions were determined. It is my opinion, based on the documented incidents noted above, the property must be cleaned and sanitized in the most expeditious manner legally possible aril, therefore, recommend that the City Council adopt the proposed resolution so that the house and premises be clean, not only for the protection of the property owner, but neighboring properties as well. g g p �' This could be accomplished in the same manner as 6213 Beard Avenue North approxi- mately six months ago. It should be noted that persons viewing both properties (6213 Beard and 5006 France) feel that the France property is in a worse condition than was the Beard property. mlg rTVORANDGT4 TO: File FROM: Andy Alberti, Building Inspector DINE: December 30, 1982 SUBJECT: Mr. and Mrs. Norling, 5006 France Avenue North On December 23, 1982 a "no knock" warrant was signed by Judge Johnston in the presence of Police Officer Don Spehn, investigator assigned to Police Case No. 17624. At approximately 1030 hours of December 23, 1982, Police Officer Dave Werner and Investigator Don Spehn met City sanitarian Nancy Deno and myself at the above address to gain entrance into the above hcoe if required. Arriving at the home it was noted that the owner's auto was parked in the driveway. The officer approached the rear entrance which was still littered with garbage and debris and began knocking on the door. The Police Officer identified themselves and informed the occupants that they had a warrant and if the door was not opened they would enter the Fuse by breaking in the door. After approximately five to ten minutes of knocking on both the rear and front doors, the officers decided to break the door in. As Officer Werner began to loosen apiece of plywood that covered a broken window on the door, a female voice advised them that she was ding to open the door. A corner of plywood came loose from the door and Officer Werner unlocked the door and we entered the house and found a female (Mrs. Norling) standing in the doorway between the kitchen and living room in her bathrobe. The officers identified themselves as well as Nancy Deno and myself and informed her v.hy we were there. As we looked around the kitchen it was apparent that the con - ditions within were such that the house was too unsanitary to be lived in since the water had been shut off for nonpayment on December 6, 1982. We informed Mrs. Norling that since no attempt was made to have the water service restored and since the interior conditions were as bad as they were,we advised her that it was impossible for them to remain in the home. Mrs. Norling was told to gather up some of their personal belongings and proceed to the police station where arrange- ments could be made for them to stay if they could not find a. place themselves. Mrs. Norling told us she had a friend to stay with and proceeded to get dressed and pack scm clothes. The officers were aware of a shotgun in the home and asked where the gun was. Mrs. Norling showed Officer Spehn where the gun was and he proceeded to remove the shells. in the time it took Mrs. Norling to gather up her things and cat, approximately 35 minutes had passed. We all waited in the kitchen or outside until Mrs. Norling was ready to go. After she left, Officer Werner called for Bob Cahlander to come to the home and prepare to secure it fran occupancy. It was at about this time that Captain Scott Kline arrived to video tape the contents and condition of the home. Nancy Deno also took pictures of these conditions. The only working light in. the home was in the living room. As - we wont from room to room with Captain Kline, we observed hundreds of empty beer cans and beer can cartons were stacked in the kitchen hip deep and it was almost impossible to walk without losing one's balance walking on the debris. The refrigerator contained several plastic containers of chip dip that was moldy and a jar of mayonaise_ that had turned moldy and soured. There was a shoe box with Christmas cookies that the owner wanted to take with her. The kitchen was over- flowing with dirty pots and pans. The countertop was completely covered with beer cartons and miscellaneous debris. Cobwebs were hanging frcgm the kitchen ceiling and windows. The kitchen gas stove oven was turned on full open to heat Mem to File on 5006 n _ _, ce Avenue Nor ' Page 2 December 30, 1982 the home because the owner told me that the oil furnace was not working. The top of the stove was covered with dirty, greasy pans and the stove burners, top and side, were covered with grease. There was also charred newspaper on top of the stove and on the floor. The house was filled with humidity from the oven heat. We entered the living room which had combs hanging from. the ceiling and walls and every inch of the floor was covered with beer cans and beer can cartons. After taking a closer look at the debris on the floor it was noted that dried hard dog and cat feces were under the beer cans and old newspapers. All the window shades and drapes were drawn. As we continued through the house we noted a bedroom next to the living room which appeared to be slept in. There were also beer cans and cartons in this roan that covered the floor. The bedding appeared to be in a condition that someone had been sleeping on the bed at some time. Leaving this bedroom and entering a corridor which led to a room with the door closed, I noted a five gallon plastic bucket on the floor. A closer examination revealed this bucket 3/4 full of urine. I assumed that the room with the door closed had to be the bathroom since the bucket was almost in front of the door. Upon opening the door, I was almost overcome by the stench of human waste that had filled the toilet bowl. The entire floor was covered with newspapers, beer cans, human and animal feces. The wash bowl and bathtub appeared not to have been used in quite some time as there were cobwebs in the tub and windows. Our inspection continued to the upper level where Mrs. Norling had been sleeping. The stairway upstairs was covered with miscellaneous debris and was a safety hazard. There appeared to be a space on each tread that was not covered with debris which was the only way a person could climb up and down these steps. On the second floor we found a bedroom and a half bath. abe bedroom had miscellaneous clothes scattered around as well as beer cans and beer cartons. The shotgun was on a pile of clothes on the floor. A couple of feet from the side of the bed was a pile of kleenex that that would fill two bushel baskets. In entering the half bath again, I was aver - cane by the stench of human waste and noted the toilet bowl full of human feces and urine. Along the wall directly in front of the toilet was a pile of feminine napkins among newspapers, beer cans and cartons. Having completed video taping the first and second floor, we attempted to get down to the basement, but realized we didn't have enough light to video tape. I proceeded down the basement stairs as Bob Cahlander returned with two City workers who were about to board up the windows with plywood. I informed Bob that fuel oil had been leaking on the basement floor near the oil burner so we both proceeded into the basement. Here again, the stairway was completely covered with hard dog feces and litter and we .almost fell down the steps. There were no operable lights in the basement and all the windows were closed off with drapes or newspapers. As we looked around with our flashlights, we noted piles of dog and cat feces were scattered on almost every inch of the basement floor. Huge piles of boxes, beer cans, beer cartons, newspapers, wood, clothes and furniture was scattered throughout the basement floor.. There was a cat litter box near the front of the steps and piles of litter and cat feces in the area. Apparently the owner cleaned the litter box by dumping the feces and litter on the floor. When we came up from the basement the City workers were ready to board up the windows so Scott Kline, the two Police Officers and Nancy Deno left. I stayed with Bob Cahlander until all the lower level windows were boarded and a lock installed on the back door. We were unable to put a lock on the front door so we nailed the door closed frcm inside. At ap- proximately 1330 hours the house was secured and we left. It is my suggestion that the City have an emergency fund that can be used to secure and winterize dwellings. i M E .M 0 R A N D U M 10 TO: Ron Warren, Director of Planning and L ^pec on FROM: Nancy Deno, Public Health Sanitarian RE: Norling Residence DATE: December 27, 1982 Repairs or work necessary to resolve and remove the posting of unsafe for human occupation at 5006 France Avenue North. 1. Remove garbage, refuse, junk furniture and broken fixtures on exterior of property, including the garage and porch. (7 -1028, 12 -305, 12 -306) 2. Remove garbage, refuse, filth, litter, cans, debris, fecal matter, dirty clothing, moldy food, bottles, junk furniture and all such garbage, refuse, or litter from the interior of, the household, this includes the basement, all storage areas, main floor and upper level. (12 -301, 12 -303, 12 -304, 12 -305, 12- 306). 3. Clean all household fixtures -this includes sinks, tubs, toilets, showers, kitchen equipment and food storage areas to remove filth and food debris which allows for rodent harborage. (12 -311, 12 -312) 4. Repair all non - working sinks- tubs - showers to be in working condition. (12 -402, 12 -403, 12- 404, 12 -405) 5. Repair all functions of heating and water and electric supply to the household. (12 -313, 12 -504, 12 -709) 6. Remove or bait for rodents in household. (12 -309) NED:jt � 1 4 INV ESTIGATION REPORT NAME Norling Residence TODAY'S DATE December 27, 1982 TION:�5 France Avenue North, Brooklyn Center, MN REASON FOR INSPECTION: HOUSING AN INSPECTION ON: D ecember 23, 82 INDICATED THE FOLLOWING ITEMS: 10:24 A. M. Inspection was made of the Norling Residence, 5006 France Avenue North Brooklyn Center, Minnesota, on December 23, 1982, 10:24 A. M. by Nancy Deno, Brooklyn n Center Health Dep artment, Arid A lberti, Brookl n Center Buildin g y p Y Y Department, Don Spehn, Brooklyn Center Investigator and Dave Werner, Brooklyn Center Police Sergeant. Search warrant used, note police report. Helen Norling was present at the time of inspection. Investigation noted the following conditions: Entry through back porch area - rear door. This area was filled with garbage, refuse and litter. Kitchen Kitchen area was filled with garbage, refuse, litter, dirty pots and pans, old moldy food and filth. The oven door was open and turned on at this time, apparently this was the only method available for heating the house - d. Burned paper items were noted around the oven. The entire household an extreme fire hazard. Dining Area An extremely large amount of garbage, refuse, debris, beer cans and twelve pack containers were piled in the dining area. The only working lights were in the refrigerator and one bulb in the dining room. Living Room The living room was filled with garbage and refuse littered on the floor and bags stacked throughout the room. Bedroom - main floor Filled with garbage, refuse, litter and filth. Main Bathroom Water has been disconnected by the City due to lack payment of water bill. Upon opening the bathroom door, an extremely foul stench of urine and feces was noted and permeated throughout the household. The toilet bowl was filled to the to with fecal matter. Feces and garbage P g b ge were noted on the floor. A 5- gallon bucket was filled with urine in the bath- . �m. NORLING RESIDENCE 5006 France Ave. No. oklyn Center, MN ember 27, 1982 Page 2 Upper Bedrooms - 2 Rooms Both rooms were similar in appearance with litter, filth, garbage, food, dirt and dirty clothing scattered and piled throughout the rooms. Bathroom - Upper Bathroom fixtures were filthy, garbage and refuse was stacked in the bathroom. Baseme The stairway was littered with food, dirt, paper, garbage and feces. The basement was littered with paper, garbage, feces, filth, dirt and garbage Water Meter Reading: 0640860 Rodent droppings noted on window sills throughout the household. Flies noted on the windows. age This area was filled with garbage, refuse, old furniture and litter. Investigator Spehn requested that Capt. Klein video tape the conditions of the household. Video was made. 22 photos were taken by the Health Department. The City requested that Mr. & Mrs. Norling leave the household and not live at the residence until it is cleaned and postings removed. The City requested the household be secured. Hank Davis and Bob Cahlander secured the property for the City. Summary The residence at 5006 France Avenue North, Brooklyn Center, Minnesota, .was found to be a fire hazard which was totally filthy, unsanitary and unfit for human habitation which allows for harborage of rodents. L NANCY E. DENO PUBLIC HEALTH SANITARIAN O :jt BROOKLYN CENTER HEALTH DEPT. cc: Andy Alberti, Building Dept. Brooklyn Center, MN { M E M O R A N D U M T0. Gerald Splinter, City Manager FROM: Nancy Deno, Public Health Sanitarian RE: December Report DATE: January 3, 1983 The bulk of the month was spent on housing problems, inspections and enforcement. 1. 3920 52nd Avenue North, Brooklyn Center, was posted "Unsafe for Human Habitation" on December 3, 1982. Since posting, we have heard that the previous owner will fore - close on the residence. No further developments at this time. The house remains posted. 2. December 1, 1982 - 5006 France Avenue North, Brooklyn Center was posted "Unsafe for Human Habitation ". December 17, 1982 - A meeting was set with the owner, Andy Alberti; Helen Williams, Adult Protection and myself. The owner was not present. December 23, 1982 - A no -knock search warrant was obtained with the assistance of Don Spehn, Brooklyn Center Police Investigator. Inspection was made of the residence on December 23, 1982 by Andy Alberti, Building Department; Don Spehn, Investigator; Dave Werner, Sergeant; and myself. Helen Norling was home at this time. The interior of the house was found to be in e. totally filthy � condition. R y (Report of condition of interior of household is attached.) The house is now secured by the City, awaiting further action. - 3. December 9, 1982 - Perry's Pizza opened for business in the Earle Brown Bowl, 5440 James Circle. 4. Two investigators from the Food and Drug Administration were in the area on December 14, 1982. They were using our restaurants to go through routine inspections in order to standardize each other on Federal Forms. We accompanied them on inspections.' 5. On December 13, 1982, noise readings were taken on the property line of the Canadian Distribution Lumber Yard in the Joslyn area on 49th and Azelia Avenue North per request by residents and the Planning Department. Readings taken on December 13, 1982, fell within the Pollution Control Agency Standards. NED:jt Encl. INVESTIGATION REPORT NA,.E___ Residence TODAY'S DATE December 27, 1982 7 LION: 5006 France Avenue North, Brooklyn Center, MN REASON FOR INSPECTION: HO SING AN INSPECTION ON: D ecember 23, 82 INDICATED THE FOLLOWING ITEMS: 10:24 A. M. Inspection was made of the Norling Residence, 5006 France Avenue North Brooklyn Center, Minnesota, on December 23, 1982, 10:24 A. M. by Nancy Deno, Brooklyn Center Health Department, Andy Alberti, Brooklyn Center Building Department, Don Spehn, Brooklyn Center Investigator and Dave Werner, Brooklyn Center Police Sergeant. Search warrant used, note police report. Helen Norling was present at the time of inspection. Investication noted the following conditions: Entry through back porch area - rear door. This area was filled with garbage, refuse and litter. Kitchen Kitchen area was filled with garbage, refuse, litter, dirty pots and pans, old moldy food and filth.. The oven door was open and turned on at—this -time, apparently this was the only method available for heating the house - Burned paper items were noted around the -oven. The entire household �n extreme fire hazard. , Dining Area An extremely large amount of garbage, refuse, debris, beer cans and twelve pack containers were piled in the dining area. The only working lights were in the refrigerator and one bulb in the dining room. Living Room The living room was filled with garbage and refuse littered on the floor and bags stacked throughout the room. ' k.,- , Bedroom - main floor Filled with garbage, refuse, litter and filth. Main Bathroom Water has been disconnected by the City due to lack of payment of water ._bill. Upon opening the bathroom door, an extremely foul stench of urine and feces was noted and permiated throughout the household. The toilet _bowl was filled to the top with fecal matter. Feces and garbage were noted on the floor. A 5- gallon - bucket was filled with urine in the bath r�. I NORLINC RESIDENCE 5006 France Ave. No. - klyn Center, MN per 27, 1982 Pa 2 Upper Bedrooms - 2 Rooms Both rooms were similar in appearance with litter, filth, garbage, food, dirt and dirty clothing scattered and piled throughout the rooms. Bathroom - Upper Bathroom fixtures were filthy, garbage and refuse was stacked in the _bathroom. Basement The stairway was littered with food, dirt, paper, garbage and feces. The basement was littered with paper, garbage, feces, filth, dirt and garbage. Water Meter Reading: 0640860 Rodent droppings noted on window sills throughout the household. !_r ^lies noted on the windows. This area was filled with garbage, refuse, old furniture and litter. Investigator.Spehn requested that Capt. Klein video tape the conditions of the household. Video was made. 22 photos were taken by the Health Department. The City requested that Mr. & Mrs. Norling leave the household and not live at the residence until it is cleaned and postings removed. The City requested the household be secured. Hank Davis and Bob Cahlander secured the property for the City. Summary The residence at 5006 France Avenue North, Brooklyn Center, Minnesota was found to be a fire hazard which was totally filthy, unsanitary and unfit for human.habitation which allows for harborage of rodents. NANCY E. DENO PUBLIC HEALTH SANITARIAN BROOKLYN CENTER HEALTH DEPT. NE :jt cc: Andy Alberti, Building Dept. Brooklyn Center, MN Member introduced the following resolution and / moved its adoption: / RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT OF IMPROVEMENT PROJECT NO. 1982 -06 (WATER MAIN CONSTRUCTION IN KYLAWN PARK FROM KYLE AVENUE NORTH TO TWIN LAKE NORTH APARTMENTS) WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Lew No. 8826 and has not deemed it just to amend such proposed assessment for the following improvement: KYLAWN WATER MAIN IMIPROVEMENT PROJECT NO. 1982 -06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of I Brooklyn Center, Minnesota, as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the P Y acce P special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such improvement shall be payable in equal annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in 5 January, 1984, and shall bear interest at the rate of twelve percent (12 %) per annum from February 1, 1983. To the first installment shall be added interest on the entire assessment from February 1, 1983, until December 31, 1984. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any 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 thereafter, 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. 4. 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. RESOLUTION NO. 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. 1 i K d CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PAGE I dF PROJECT INFORMATION LEVY INFORMATION Improvement Project No. 1982 -06 Levy No. 8826 Description: Construction of Water Main Levy Description: WATER MAIN (82 -06) 82B Levy runs twenty (20) years (from 1984 to 2003 ) with interest at the rate of twelve percent ( 12.0 x), Location:. Kylawn park from an existing water main in Kyle Avenue First payment, with property taxes payable in 1984 North to an existing water main terminus in Lot 1, Block 1,, TWIN LAKE NORTH ADDITION (site,of the Twin Lake » North shall include twenty three (23) whole months interest. Apartments) Improvement hearing date May 10, 1982 Date of Assessment Hearing January 10, 1983 Improvement ordered on May 10, 1982 Adopted on by Resolution No. 82 -83 by Resolution No. Assessment District (from Notice of Hearing): Corrections', Deletions or Deferments: Lot 1, Block 1, TWIN LAKE NORTH ADDITION I. Method of Apportionment: Direct cost to single parcel benefited 1 � • Cost Summary (from Resolution No. 82-232 Total Improvement Cost $34,363.13 Less Direct City Share (Fund ) NONE Less Other Payments NONE Total Assessed to Property $34,363.13 Assessed to City Owned Property NONE Assessed to Other Public Property NONE Assessed to Private Property $34,363.13 --- CITY OF BKOOKLYN CENTER --- PAGE . OF — 2 MUNIC CODE No. 22 SPECIAL ASSESSMENT CERTIFICATION ROLLS PROPERTY TOTAL PROPERTY ASSESSED OWNER LEVY NO. PROD. NO. ADDN. N0. LOT BLOCK UNITS ADDRESS NAME - IDENTIFICATION NO. PRINCIPAL ADDI /L DES CRIPTIO MAILING OGRESS - - -. _ 8826 03- 118 -21 -22 -0025 90069 $ 34,363.13 1 1 4500 to 4550 58th Avenue North TWIN LAKE NORTH COMPANY TWIN LAKE NORTH ADDITION 4536 58th Avenue North Brooklyn Center, Minnesota 55429 COUNCIL ACTION NOTES • Licenses to be approved by the City Council on January 10, 1983 AMUSEMENT DEVICE - OPERATOR'S LICENSE T. Wrights 5800 Shingle Cr. Pkwy. Chie of Police rz" AMUSEMENT DEVICE - VENDOR'S LICENSE B & K Music & Vending Co. 3420 Nicollet Ave. S. Theisen Vending Co. 3804 Nicollet Ave. S. Chi' f of Police c CIGARETTE LICENSE Ideal Drug 6800 Humboldt Ave. N. K -Mart 5930 Earle Brown Dr. The Pipeseller Brookdale Center Servomation 7490 Central Ave. N.E. Dayton's Brookdale Center Earle Brown Office Bldg. 6040 Earle Brown Dr. �:- Graco Snyder Brothers Drug Brookdale Center Betty Varco 974 Rice St. Terrace Holiday Inn Gift Shop 1501 Freeway Blvd. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. City Clerk�7 COMMERCIAL KENNEL LICENSE Snyder Brothers Brookdale Center Sanitarian A&PASOLINE SERVICE STATION LICENSE American Bakeries Co. 4215 69th Ave. N. Brookdale Car Wash 5500 Brooklyn Blvd. g � Plum Company 6840 Shingle Cr. Pkwy. ,,JL�_( City Clerk }' MECHANICAL SYSTEMS LICENSE Solar SErvices, Inc. 429 Oliver Ave. S. Valley Air Inc. 7111 W. 126th St. Buildi Official SIGN HANGER'S LICENSE Sign Service, Inc. 1016 N. 5th St. Buildiri4 Official GENERAL APPROVAL: Gerald G. Splint 'V City Clerk