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HomeMy WebLinkAbout1982 01-11 CCP Regular Session CITY COUNCIL AGE14DA CITY OF BROOKLYN CENTER JANUARY 11, 1982 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - December 21, 1981 5. Open Forum 6. Adjourn 1981 Council 7. Administer Oath of Office 8. Call to Order 1982 Council 9. Roll Call 1982 Council 10. Employee Service Recognition Program -This is the third annual presentation by the City Council of service awards to City employees to recognize years of service to the City. 11. Select Mayor Pro tem 12. Approval of Consent Agenda -All teems 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. 13. Mayoral Appointments a. Planning Commission • b. Conservation Commission C. Housing Commission d. Human Rights Commission e. Park and Recreation Commission f. Northwest Hennepin Human Services Council g. Weed Inspector *14. Designate Official Newspaper *15. Final Plat Approval - B & C Addition, Colfax and 67th Avenue North *16. Performance Bond Reduction - Earle Brown Farm Estates CITY COUNCIL AGENDA -2- January 11, 1982 1.7. Resolutions *a. Designating Camden Northwestern State Bank a Depository of City Funds *b. Designating Fidelity Bank and Trust Company a Depository of City Funds *c. Designating First Brookdale State Bank a Depository of City Funds *d. Designating First National Bank of Minneapolis a Depository of City Funds *e. Designating First Plymouth National Bank a Depository of City Funds *f. Designating Hennepin Federal Savings and Loan Association a Depository of City Funds *g. Designating First Federal Savings and Loan Association a Depository of City Funds *h. Designating Marquette National Bank a Depository of City Funds *i. Designating Midwest Federal Savings and Loan Association a Depository of City Funds *j. Designating Twin City Federal Savings and Loan Association a Depository of City Funds *k. Designating Summit State Bank a Depository of City Funds 1. Designating Representative and Alternate Representative to the Association of Metropolitan Municipalities m. Designating Director and Alternate Director to Suburban Rate Authority *n. Regarding Mayor Nyquist's 1982 Salary *o. Expressing Recognition of and Appreciation for the Dedicated Public Service of Tony Kuefler *p. Expressing Recognition of and Appreciation for the Dedicated Public Service of Bill Fiqnar *q. Expressing Recognition of and Appreciation for the Dedicated Public Service of Jerry Johnson *r. Expressing Recognition of and Appreciation for the Dedicated Public Service of Dorothy Buckingham Granting Final Approval to an Industrial Development Revenue Bond Proposal for Brooklyn Crossing Office Development *t. Authorizing Execution of an Agreement for Implementation of 911 Emergency Number Services *u. Amending 1982 Budget to Reflect 1982 Wage and Salary Adjustments V. Establishing Project, Accepting Engineer's Report, and Calling for Hearing on Improvement Project 1982 -02 (Reconstruction of Xerxes Avenue North between Trunk Highway 100 and County State Aid Highway 10, 55th Avenue North between Xerxes Avenue North and Brooklyn Boulevard, and 55th Avenue North between''Xerxes Avenue North and Brooklyn Boulevard) 'w. Accepting Bids for Police Patrol Sedans Accepting Bids for 1500 GPM Fire Pumper y. Approving Police Sergeants Master Labor Agreement 18. Ordinances: a. Flood Plain Management Regulations -This ordinance is offered for a first reading and it is recommended that a public hearing on the ordinance be scheduled for 7:30 p.m. on January 25, 1982. b. An Ordinance Amending Chapters 34 and 35 Regarding Provisions for Home Occupations -This ordinance is offered for a first reading, and it is recommended that a public hearing be scheduled on the ordinance at 8 :00 p.m. on February 8, 1982. CITY COUNCIL AGENDA -3- January 11, 1982 C. An Ordinance Vacating the Alley in Block 1, NE Perkins Addition (between Dupont Avenue North and Emerson Avenue North, from 54th to 55th Avenues North) -A petition has been filed requesting this vacation. Notices of the second reading and public hearing will be sent to all abutting property, owners. The ordinance is offered for a first reading and it is recommended that a public hearing be scheduled on the ordinance at 8:15 p.m. on February 8, 1982. 19. Surplus Property -It is recommended a motion be made by the City Council declaring certain property as surplus, and authorizing the sale of said property as per the list submitted by the City Clerk. 20. Discussion Items: a. Update on State Municipal Aids Status 21. Consideration of Specified Licenses: *a. Ong -Sale Liquor License for Holiday Inn *b. On -Sale Liquor Club License for American Legion Hall *c. Beer License for Pizza Feat Restaurant 22. Gambling Licenses: a. Orchard Lane Elementary School Parent- Teacher Association -The City Council must act on the following: Application for a Class A License (Requires a majority vote of the City Council) - Waiver of a $10,000 Fidelity Bond (Requires a unanimous vote of the City Council) *23. Licenses 24. Adjournment I i s � w MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 21, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:15 p.m. ROLL CALL Mayor. Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, and Gene Lhotka. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, Fire Chief Ron Boman, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Scott was ill and would -be absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Gene Lhotka. APPROVAL OF MINUTES NOVEMBER 23, 1981 There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the minutes of the regular City Council meeting of November 23, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. OPEN FO Mayor Nyquist noted that the Council had received a request to use the Open Forum session this evening from Mrs. Rosy Vigness, 6125 Cloverdale North. Mrs. Vigness stated that she would like to address the Council regarding the liquor license for the Earle Brown Bowl. She explained she was President of the Minnesota Womens' Bowling Association and that the State Tournament will be brought to the Earle Brown Bowl beginning in January of 1982. She stated that the tourney brings in a substantial amount of money to the surrounding area and that she feels Mr. Madden should be entitled to a share of these dollars. She requested that the City Council renew the liquor license for Earle Brown Bowl. Councilmember Fignar inquired whether the State Womens' Bowling Association would cancel the tournament at the Earle Brown Bowl if there were no liquor available. Mrs. Vigness replied that the tournament could not be cancelled at this time and that the tourney would be held at the Earle Brown Bowl in any event. Mayor Nyquist inquired of the audience if there was anyone else who wished to address the Council at the open Forum session. There being none,, he continued with the regular agenda items 12- 21 -81. -1- CONSIDERATION OF CONSENT AGENDA Mayor Nyquist inquired of Council members whether they requested any items be • withdrawn from the consent agenda. Councilmember Kuefler requested that items 9a3, 9d, and 9f be removed from the consent agenda since the Council did not receive any documentation on these items. PERFORMANCE BOND REDUCTION- HUMBOLDT SQUARE ESTATES There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the reduction of the performance guarantee on Humboldt Square Estates,'- 6749 -6777 Humboldt Avenue North from $5,000 to $1,000 until spring when viability of recent plantings can be confirmed. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 8.1 -252 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO CHANGE ORDER No. 5 TO CONTRACT 1980 -K (PARKS IMPROVEMENT PROJECT NO. 1980 -16) 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 81 -253 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1980 -K (PARKS IMPROVEMENT PROJECT NO. 1980 -16) 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -254 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -A (DISEASED SHADE TREE REMOVAL PROJECT NO. 1981 -01) 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against.the same: none, whereupon said resolution was declared duly passed and adopted. 12 -2 = 81 -2- RESOLUTION NO. 81 -255 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WELL NO. 6 RECONDITIONING PROJECT NO. 1982 -01, APPROVING PLANS AND SPECIFICATIONS FOR WELL NO. 6 RECONDITIONING PROJECT NO. 1982 -01, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -A) The motion for the adoption of the foregoing resolution was duly seconded by being member Gene Lhotka, and upon vote g taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -256 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION REQUESTING 1980 -81 LOCAL PLANNING ASSISTANCE GRANT FUNDS FROM THE METROPOLITAN COUNCIL 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and • i the following voted against the same. .none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Kuefler and seconded.by Councilmember Lhotka to approve the following list of licenses: BENCH LICENSE U.S. Bench Corporation 3300 Snelling Ave:' BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave. N. CIGARETTE LICENSE A & J Enterprises 2367 University Ave. N. Dayton Home Store Hwy. 100 & Brooklyn Blvd. Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. Beacon Bowl 6525 Lyndale Ave. N. Brookdale Cinema 5801 John Martin Dr. Brookdale Ford Inc. 2500 County Rd. 10 Brooklyn Center Am. Legion 4307 70th Ave, N. Brooklyn Center Mobil 6849 Brooklyn Blvd. Brother's Restaurant Brookdale Shopping Ctr. Canteen Company 6300 Penn Ave. S. Iten Chevrolet 6701 Brooklyn Blvd, M.T.C. 6845 Shingle Cr. Pkwy. 12 -21 -81 -3- Coca Cola Bottling Midwest -1189 Eagan Ind. Rd. Hoffman Engineering 6530 James Ave. N. Duane's OK Tire 6900 Brooklyn Blvd. Holiday Inn 1501 Freeway Blvd. Ideal Drug 6800 Humboldt Ave. N. K -Mart Corporation 3600 63rd Ave. N. Marc's Big Boy 5440 Brooklyn Blvd. Midwest Vending Company 8645 5th Ave. S. Brockdale Chrysler Plymouht 6121 Brooklyn Blvd. Miernik Vending 7258 Commerce Circle E. Brookdale Towers 2810 County Rd. _10 Hiawatha Rubber 1700 67th Ave. N. Northwest Microfilm 1600 67th Ave. N. Service Systems Corporation SOO Line Building Northwestern Bell 5910 Shingle Cr. Pkwy. 7- Eleven 1500 69th Ave. N. Mary Shutes 5215 Kellogg Ave. Gift Shop Too, Holiday Inn 1501 Freeway Blvd. Theisen Vending, Inc. 3804 Nicollet Ave. S. Bill West 76 Station 2000 57th Ave. N. Vicker's Minnesota Oil Company 6830 Brooklyn Blvd. Wes' Standard Service 6044 Brooklyn Blvd. Woodside Enterprises 2500 Nathan Lane Poppin Fresh Pie Shop 5601 Xerxes Ave. N. GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Ave. N. 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 Service 6245 Brooklyn Blvd. r Christy's Auto Service 5300 Dupont Ave. N. Davies Water Equipment 4010 Lakebreeze Ave N. Duane's OK Tire 6900 Brooklyn Blvd. Howe, Inc. 4821 Xerxes Ave. N. Metropolitan Transit Commission 6845 Shingle Cr. Pkwy. Munn Black Top, Inc. 3601 48th Ave. N. Northern States Power Company 4501 68th Ave. N. Q. Petroleum Corporation 1505 69th Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. 7- Eleven 1500 69th Ave. N. Vicker's Minnesota Oil Company 6830 Brooklyn Blvd. Wes' Standard Service 6044 Brooklyn Blvd. KENNEL LICENSE Brooklyn Pet Hospital 4902 France Ave. N. Daisy Mae Dog Grooming 6830 Humboldt Ave. N. LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Blvd. Marc's Budgetel 6415 James Circle N. New Life Homes - His Place 1120 69th Ave. N. Riverside Motel 5608 Lyndale Ave. N. Thrifty -Scot Motel 6445 James Circle ON -SALE INTOXICATING LIQUOR LICENSE Green Mill, Inc. 5540 Brooklyn Blvd. Ground Round Restaurant 2545 County Rd. 10 Meriwether's 2101 Freeway Blvd. ON -.SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. N. Denny's Inc. 3901 Lakebreeze Ave N Good Earth Restaurant 5717 Xerxes Ave. N. Happy Dragon Restaurant 5532 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Pontillo's Pizza 5937 Summit Dr. ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE Green Mill, Inc. 5540 Brooklyn Blvd. Ground hound Restaurant 2545 County Road 10 Meriwether's 2101 Freeway Blvd. ON -SALE WINE LICENSE Denny's, Inc. 3901 Lakebreeze Ave. N. Good Earth Restaurant 5717 Xerxes Ave. N. Voting in favor;' Mayor Nyquist, Councilmembers Kuefler, Figna,r, and Lhotka. Voting against: none. The motion passed. ADVISORY COMMISSION APPOINTMENTS The City Manager stated the staff had prepared a memorandum indicating which Advisory Commission members were up for appointment at the end of 1981 and also \ which Advisory Commission members had indicated an interest in serving an additional term. He noted the standard procedure for appointing Advisory Commission members is to handle the appointments at the first meeting in January. RESOLUTIONS CONTINUED In discussion of the Resolution Accepting Work Performed Under Engineering Services Agreement with Merila & Associates, Inc. on Contract 1980 -K, Project 1980 -16, the Director of Public Works stated that he believes the City received a number of necessary services from the consultant which were not originally contemplated and that the final bill from the consultant, including the extra services, was still lower than the other original proposals which did not include any of the extra services provided by the consultant. 12- 21 -81 -5- i RESOLUTION NO. 81 -257 Member Gene Lhotka introduced the following resolution and moved its `adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER ENGINEERING SERVICES AGREEMENT The motion for the adoption of the foregoing resolution was duly.seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. in discussion of the Resolution Setting Wages And Salaries For The Calendar Year 1982, the City Manager stated that during 1982 the staff will be preparing information which will provide a comparison of specific departments on a city to city °basis. He stated the staff will be conducting a comparison of the various service functions by department, between selected cities. He stated that an audit by an outside consultant will also be performed on the City's pay plan. Councilmember Kuefler stated that he appreciated the information provided by the City staff and would recommend a review of the total management cost for 1982. He noted an example of this cost would be a per - capita cost for various services provided by the City. He stated these types of figures would be more helpful than individual salary comparisons. RESOLUTION NO. 81 -258 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1982 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager stated that the request for three weeks vacation by the Director of Public Works would have to be approved by a separate motion of the Council. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to authorize fifteen days vacation per year for the Director of Public Works. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. RESOLUTION NO. 81 -259 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING INSURANCE AGENT FOR THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) POLICIES The motion for the 'adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and • the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12 -21 -81 -6- In discussion of the Resolution To Transfer Funds From The Investment Trust Fund `.Co The Capital Projects Fund, the Director of Finance explained that in 1979 the State of Minnesota took part of the Civic Center property for the I -94 Interchange. He pointed out the $97,000 received from the State for the purchase of this property is being transferred to pay for the relocation of the Civic Center entrance. RESOLUTION NO. 8 -260 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE INVESTMENT TRUST FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. In discussion of the Resolution To Transfer Funds From The General Fund To The Capital Projects Fund, the Director of Finance explained that this has been the Council's policy that any fund balance in the General Fund would be transferred to the Capital Projects Fund at the end of each calendar year. He noted that because of the current financial cutbacks the staff is requesting that only $25,000 be transferred into the Capital Projects Fund. RESOLUTION NO. 81 -261 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: hone, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -262 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1981 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION N 81 -263 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR FURNISHING AND DELIVERING FOUR COMPACT POLICE PATROL SEDANS 12 -21 -81 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -264 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR FURNISHING AND DELIVERING ONE 1500 GPM PUMPER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 81067 SUBMITTED BY DAVID BRANDVOLD FOR PRELIMINARY PLAT APP ROVAL TO SUBDIVIDE INTO SEVEN LOTS THE LAND PRESENTLY LOCATED ON THE LOTS ADDRESSED 909, 921, AND 1009 - 58TH AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the December 10, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81067. He explained the four new lots will gain access off a cul -de -sac to be installed in the 5700 block of Colfax Avenue North. The Director of Planning & Inspection reviewed a transparency of the preliminary _plat and pointed out that all lots would be in excess of the 9,000 square feet required by ordinance. He explained the proposed cul -de -sac would also meet the ordinance requirements. He added that the applicant has requested a waiver of the curb and gutter requirement on the proposed new cul -de -sac. He pointed out the Planning Commission recommended approval of Application No. 81067 contingent on four conditions which he reviewed for Council members. He noted that the Planning Commission vote was not unanimous. The Director of Planning & Inspection stated a public hearing has been scheduled on Application No. 81067, the proper notices have been sent regarding the notice of public hearing and the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81067 and inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Application No. 81067. Voting in favor: Mayor - Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. 12 -21 -81 -8- There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Application No. 81067 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The `subdivider /developer shall enter into a Subdivision Agreement with the City and submit a financial guarantee (in an amount to be determined by the City Manager) insuring the completion of all ordinance required improve- ments, including installation-of curb and gutter. 4. An easement for street purposes shall be obtained from Northern States Power Company for installation of street through the power easement prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 81069 SUBMITTED BY C & G TRANSCONTINENTAL DEVELOPERS FOR A PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO THREE LOTS THE LAND AT THE NORTHEAST CORNER OF BROOKLYN BOULEVARD AND COUNTY ROAD 10, THE LOCATION OF THE BROOKLYN CROSSING OFFICE DEVELOPMENT The Director of Planning & Inspection presented and reviewed for Council members pages 3 through 4 of the December 10, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81069. The Director of Planning & Inspection proceeded to show a transparency of the location of the subject parcel and pointed out that the major concerns of the Planning Commission and City staff were whether or not the parking facilities were adequate. He stated the applicant has submitted a revised site plan showing that each of the three parking lots has a capacity to support itself individually with regard to parking. He explained that under the revised site plan the setbacks for the building would be altered. He pointed out the Planning Commission recommended approval of Application No. 81069 subject to four conditions which he reviewed for Council members. The Director of Planning & Inspection pointed out that the applicant is also seeking final plat approval this evening and that the staff recommends approval of the final plat since the preliminary plat conditions have been met. He explained a public hearing is required for Application No. 81069, that the proper notices . have been sent and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81069 and inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Kuefler and seconded, by Councilmember Lhotka to close the public hearing on Application No. 81069. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. 12 -21 -81 -9- There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Application No. 81069 subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The final plat shall be filed at the County prior to issuance of building permits for building B or C. 4. Easement documents concerning access to Lot 1 and Lot 3 shall be approved by the City Attorney prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the final plat of Brooklyn Crossing (Planning Commission Application No. 81069) subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances 3. The final plat shall be filed at the County prior to issuance of building, permits for building B or C. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. PUBLIC HEARING ON AN INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM RYAN CONSTRUCTION FOR BROOKDALE CORPORATE CENTER PHASE II In response to a question from the Council regarding the project, Administrative Assistant Hoffman pointed out that the total project cost is approximately $9,000,000. He added that there has been a problem with the publication of the notice for the public hearing and that he is recommending rescheduling the public hearing to January 25, 1982 and to allow the applicant to present information regarding the project at this evening's meeting. He pointed out that the information presented this evening would be identical to that which would be provided at a public hearing., Mayor Nyquist recognized a representative of the applicant who requested that the City Council be polled regarding their attitude towards the project due to the possible change in Industrial Revenue Bond policy by the federal government. The City Attorney pointed out that an informal polling of the City Council would not have any bearing on the Council's approval of the project and that it would really serve no purpose. Mayor Nyquist inquired as to the time schedule for project construction. Mr. Ryan - pointed out that the project would begin in mid - summer and be completed within seven to eight months. 12' -21 -81 -10- There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to reschedule the public hearing on the Industrial Development Revenue Bond proposal • from Ryan Construction for Brookdale Corporate Center Phase II to 8:00 p.m. on January 25, 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka Voting against: none. The motion passed. RESOLUTION NO. 81 -265 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Nyquist inquired whether there were any comments from the Council regarding the project`. The City Attorney addressed the applicant's request to poll the Council regarding their attitude toward the project. He stated that any expression by the City Council prior to the formal vote of the Council has no binding effect'. He stated he has no problem with discussing the project but that comments made this evening really have no affect on the vote. Mayor Nyquist recognized a representative of the applicant who stated that his thought was that if the legislation is passed in January, the bond attorneys would have information, showing that the Council was anticipating an approval of the project. He added that perhaps in light of the City Attorney's comments we should withdraw that request for an informal polling of the Council. RECESS The Brooklyn Center City Council recessed at 8:20 p.m. and reconvened at 8:45 p.m PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR PROJECT NO. 1980 -24 (67TH AVENUE NORTH STORM SEWER EXTENSION FROM SHINGLE CREEK PARKWAY TO SHINGLE CREEK) The Director of Public Works stated that notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. The Director of Public Works proceeded to review the 67th Avenue Storm Sewer Extension Project, reviewing the proposed assessment area, total costs, and the assessment rates for the project. The Director of Public Works stated that the City had received a written objection to the proposed assessment against Tract A, RLS 1382 from the law firm of Franke,: R.iach, and Franke representing the Brooklyn Center Development Company, owner of the property located at 1701 -07 69th Avenue North in Brooklyn Center. The Director of Public Works reviewed the existing storm drainage 'systems within and adjacent to the established assessment district. The Director of Public Works • 12 -21 -81 -11- noted that it is the established policy of the City that storm sewer assessments are determined within a given assessment district in such a way as to provide a • uniform total assessment rate for the installation of storm sewer within the drainage area served by the storm sewer system. The City Attorney advised that the Council should certify all other assessments in the project with the exception of Tract A, RLS 1382. He pointed out that the filing of the notice of objection is required by statute if a person objects to an assessment. He stated that the procedure is to exclude the ,parcel from the assessment hearing, then obtain information as to the benefit and value of assessments to the parcel He stated that his recommendation is to exclude this particular parcel from the assessment hearing and proceed with the rest of the assessment roll for the project. Councilmember Kuefler inquired whether the City storm sewer assessment policy has provided that all persons in a storm sewer district pay for the cost of the storm sewer equally. The City Attorney stated that the law still requires that the City demonstrate that this particular parcel receives benefit from the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Project No. 1980 -24 (67th Avenue North Storm Sewer Extension from Shingle Creek Parkway to Shingle Creek). 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 Fignar and seconded by Councilmember Lhotka to close the public hearing on special assessments for Project No. 1980 -24 (67th Avenue North Storm Sewer Extension from Shingle Creek Parkway to Shingle Creek). Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. RESOLUTION NO. 81 -266 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF STORM SEWER IMPROVEMENT PROJECT NO. 1980 -24 (67TH AVENUE NORTH STORM SEWER EXTENSION) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR PROJECT NO. 1981 -05 (WATER MAIN INSTALLATION ON EARLE BROWN DRIVE) The Director of Public Works stated that notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project, the project area, the total project cost, and the assessment rate for the project. • 12 -21 -81 -12- Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Project No. 1981 -05 (Water Main Installation of Earle Brown Drive). He inquired of the audience whether 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 Lhotka and seconded by Councilmember Kuefler to close the public hearing on Special Assessment Project No. 198-1 -05 (Water Main Installation on Earle Brown Drive). Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. R ESOLUTION NO. 81 -267 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF WATER MAIN IMPROVEMENT PROJECT NO. 1981 -05 (EARLE BROWN DRIVE) i The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR PROJECT 1981 -06 (SANITARY SEWER INSTALLATION ON EARLE BROWN DRIVE) The Director of Public Works stated that notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project, the project area, a summary,of project costs, and the assessment rate for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for :Project No. 1981 -06 (Sanitary, Sewer, Installation on Earle ;Brown Drive). 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 Fignar and seconded by Councilmember Lhotka to close the public hearing on Special Assessment Project No., 1981 -06. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. RESOLUTION; NO. 81 -268 Member 'Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF SANITARY SEWER IMPROVEMENT PROJECT NO. 1981 -06 (EARLE BROWN DRIVE) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the _following voted in favor thereof Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the 'following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12- 21-81 -13- PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR PROJECT NO. 1981 -07 (STORM SEWER INSTALLATION ON EARLE BROWN DRIVE) The Director of Public Works stated that notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project, the project area, a summary of project costs, and the assessment rate for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Project No. 1981 -07. 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 Kuefler and seconded by Councilmember Lhotka to close the public hearing on special assessments for Project No. 1981 -07. Voting - in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. RESOLUTION NO. 81 - 269 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF STORM SEWER IMPROVEMENT PROJECT NO. 1981 -07 (EARLE BROWN DRIVE) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted, in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR PROJECT NOS. 1979 - 06, 1980 -02, 1981 -02 1981 -07, 1981 -08 ;(STREET IMPROVEMENT WITHIN THE SOUTH INDUSTRIAL PARK ASSESSMENT DISTRICT) The Director of Public Works stated that notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project, the project area, a summary of project costs, and the assessment rate for the projects. or Nyquist opened the meet for the purpose a 9 of a public hearing on special P P Y Yq P assessments for Project No. 1979 -06, 1980 -02, 1981 -02, 1981 -07, and 1981 -08. 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 Fignar and seconded by Councilmember Lhotka to close the public hearing on special assessments for Project Nos. 1979 -06, 1980 -02, 1981 -02, 1981 -07, and 1981 -08. Voting in favor: Mayor Nyquist, Council members Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. RESOLUTION NO. 81 -270 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF COMBINED STREET IMPROVEMENT PROJECT NOS. 1979- -06, 1980. -02, 1981 -02, 1.981 -07, AND 1981 -08 � 12 -21 -81 -14- p The motion for the adoption of the foregoing resolution was duly seconded by of and upon vote being taken thereon, the following voted • member Tony Kuefler, p g , in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution; was declared duly passed and adopted. PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR PROJECT NO. 1981 -17 (CONSTRUCTION OF LEFT TURN LANE ON COUNTY /STATE AID HIGHWAY 10 AT NORTHWAY DRIVE) The Director of Public Works stated that notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties and that notice of the hearing has also been published in the official paper. He proceeded to review the project, the project area, a summary of project costs, and the assessment rate for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for Project No. 1981 -17. 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 Lhotka and seconded by Councilmember Kuefler to close the public hearing on special assessments for Project No. 1981 -17. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar; and Lhotka. Voting against: none. The motion passed. RESOLUTION NO. 81 -271 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF STREET IMPROVEMENT PROJECT NO. 1981 - -17 (COUNTY STATE AID HIGHWAY 10) 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.' AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OFF -SITE ACCESSORY PARKING The Director of Planning & Inspection explained the ordinance was first read on November 23, 1981, published on December 3, 1981 and is recommended this evening for a second reading. He explained the ordinance permits accessory parking on properties located in districts zoned commercial and industrial and on properties which are institutional uses and residential zones Mayor Nyquist opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding Off -Site Accessory Parking. 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 Fignar and seconded by Councilmember Lhotka to 12 -21 -81 -15- close the public hearing on an Ordinance Amending Chapter 35 of the City Ordinances t C ounciimembers in Off -Site Accessory Parkin voting , Regarding Y g 9 in favor. Mayor Nyquist, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. • ORDINANCE NO. 81 -23 Member Rill Fignar introduced the following resolution and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OFF -SITE ACCESSORY PARKING The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. APPROVAL OF ANIMAL CONTROL CONTRACT FOR 1982 Administrative Assistant Hoffman noted that the proposed 1982 Contract with MAPSI is the same as prior years with the exception of increases in the patrol rate from $12.50 to $13.50 per hour. He pointed out that all other rates remain the same and added that the staff is recommending renewal of the Contract for 1982. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to renew the Animal Control Contract with MAPSI for 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. DISCUSSION ITEMS POLICE DEPARTMENT LIQUOR LICENSE ANNUAL REPORT The City Manager referred Council members to the annual liquor license report prepared by the Police Department and pointed out that the report reviews police activity at all on -sale liquor and beer establishments in Brooklyn Center. Regarding the Green Mill liquor license, he explained that the furniture manufacturer has apparently lost the order for the Green Mill Restaurant in Brooklyn Center and has not made any furniture for their facility; therefore, they must rent furniture. He stated that the staff is recommending approval of the liquor license for the -Green Mill subject to the City Manager's approving the temporary seating arrangement. He pointed out that regarding the Pizza Feat Restaurant, the staff is recommending report. that the Council adopt the Hearing Examiner 's The Chief of Police noted that the Green Mill informed the staff of their problem at 4 :30 p.m. today and that it appears they will not be opening the entire restaurant at this point. The City Attorney commented that he does not think the Council has enough information re i n with and to the Green Mill liquor license to make a decision g this evening and that the Council could approve the liquor license if the total number of seats are provided in the restaurant as originally planned. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the on -sale liquor license for the Green Mill Restaurant contingent on -16- 12- 21--81 the Green Mill Restaurant meeting the seating requirements as originally proposed for the restaurant facility. • The City Attorney reviewed his memorandum on the.Earle Brown Bowl and pointed out two facts to the Council. He stated that as the restaurant has been operated in the past, it did riot meet the 1.50 seat requirement. Initially, he pointed out, the Earle Brown Bowl has not met the food - liquor split as required by City ordinance. The City Attorney proceeded to review the Tamarack Inn case in the City of Long Lake. He noted that the Supreme Court struck down the City of Long Lake's revocation of the liquor license for the Tamarack Inn. He stated he believes if the Long Lake City Council suspended instead of revoked the liquor license at the Tamarack Inn the Supreme Court may not have struck down the revocation. He stated he believes the Earle Brown Bowl situation is similar to the Tamarack Inn case. The City Attorney stated he recommends that the City Council not renew the liquor license at Earle Brown Bowl until changes are made in the restaurant operation. He explained that the staff held a conference with the applicant and discussed this proposal. He stated that the possibility of renewing the license and allowing the Earle Brown Bowl to accomodate the bowling tournament would present a problem similar to the Tamarack Inn situation. He 'stated the applicant has indicated that remodeling would require Planning Commission' approval and would cause a further delay in issuing the liquor license_ The City Manager pointed out that anew plan has been submitted by the applicant to remodel the restaurant area of the Earle Brown Bowl. He presented a sketch of the plan to the City Council for their review. He stated that remodeling could be accomplished without Planning Commission review and approval. The City Attorney pointed out in response to Councilmember Kuefler's comments that the Earle Brown Bowl could only meet the restaurant seating requirements by counting seats in the bar. He explained that other restaurants in the City has spent a great deal of money to comply with the ordinance and that the Earle Brown Bowl is the only establishment that has not met the ordinance requirement. Councilmember Kuefler inquired what the City's authority is with regard to granting liquor licenses. The City Attorney replied that the licensing of liquor establishments is an authority granted by the State and that the City, by state law, can issue liquor licenses to hotels and motels, restaurants, and exclusive liquor establishments. Mayor Nyquist recognized Mr. Rich Forschler representing Mr. Jim Madden of the Earle Brown Bowl Mr.- Forschler. stated that the City Attorney has offered sound advice . to the Council but noted that the court, in the Tamarack Inn case, stated it was not referring to other violations by liquor establishments pointing out that the Tamarack Inn case referred to specific structural problems with the establishment. He noted that Mr. Madden cannot waive his right to sue the City of Brooklyn Center, since no one can waive that right. He explained Mr. Madden has proposed changes to make the Earle Brown Bowl more of a Supper Club establishment including changing the advertising and managerial philosophy. 12 -21 -81 -17- Mayor Nyquist inquired what the time table would be for this change. Mr. Madden reviewed the plan for increasing the number of seats in the restaurant to 150 and requested that he be allowed to keep the liquor license while remodeling is accomplish* He explained his plan is two pronged pointing out that in two to three weeks he could meet the seating requirements by removing one wall. He explained the second phase of the plan would be to change the entrance and complete the remodeling and that this would require Planning Commission review and approval. The Director of Planning & Inspection stated that the problem with remodeling occurs when added seating correspondingly requires additional parking. He stated that when the changes in seating exceed the parking provided an amendment to the plan must be required. Mayor Nyquist inquired whether the Earle Brown Bowl liquor license could be approved similar to the contingencies placed on the Green Mill's liquor license approval. The City Attorney stated that he does not see a problem with this as long as the 150 seats are provided at the time of the issuance of the liquor license. Councilmember Fignar stated that he would like to give Mr. Madden an opportunity to proceed with his plans to comply with the ordinance requirements. Councilmember Lhotka inquired whether the Council could review the renewal at the January 11, 1982 meeting. The City Attorney recommended a renewal that becomes operative when the required 150 seats become available. He stated that if no action is taken this evening, the Council could review the renewal of the liquor license on January 11th and that this is the recommendation he would make. Councilmember. Lhotka stated he would recommend that the Council not renew the liquor license for Earle Brown Bowl until it is reviewed by the Council on January 11, 1982 and to instruct the staff and Mr. Madden to agree on guidelines with regard to the promotion of food, seating, and general managerial guidelines. Councilmember Kuefler stated that he likes Councilmember Lhotka's concept and also appreciates Councilmember Fignar's comments. He suggested making the liquor license for the Earle Brown Bowl operative when 150 seats become available along with other changes in food marketing to the satisfaction of the City Manager. He stated that this will allow them to comply as soon as they complete their work. The City Attorney stated that Councilmember Lhotka appears to suggest management guidelines and that these are discretionary matters the Council should approve prior to the issuance of the license. Councilmember Lhotka inquired of Mr. Madden how long it would take to remodel the interior of the Earle Brown Bowl Restaurant area. Mr. Madden stated he could have this remodeling accomplished by the first of the year. Councilmember Lhotka then suggested that the Council should review the liquor license on January 11, 1982. Councilmember Fignar stated that he would recommend approval based on Mr. Madden's plans submitted this evening. Councilmember Lhotka stated that his concern is follow - through by Mr. Madden and assurances that the restaurant will be promoted. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the on -sale liquor license for the Earle Brown Bowl contingent on the Earle Brown Bowl providing to the City Manager evidence that it meets the seating requirements and also showing an upgrading of the supper menu and delivery of services and promotion of a Supper Club environment. Voting yes: Mayor Nyquist, • Councilmembers Kuefler and Fignar. Voting no: Councilmember Lhotka. The motion passed. 12 -21 -81 -18- Councilmember Fignar requested the Police Chief to review the record of police incidents at the Earle Brown Bowl. The Chief stated that the new police report indicates a situation where minors were served at the bar explaining that the first report was in error and that the new report shows approximately 95 calls in 1981. The City Attorney recommended that December 30th at 9:00 a.m. be set as a hearing date if the applicant so chooses to exercise the hearing option and notifies the City of his decision on or before December 24, 1981. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve December 30, 1981 at 9:00 a.m. - as the hearing date to be used if the applicant so chooses as required in nonrenewal of liquor licenses and to require the applicant to notify the City of his decision on or before December 24, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar , to accept the Hearing Examiner's report on the Pizza Feat Restaurant. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against none The motion passed_ There was a motion by- Councilmember 'Fignar and seconded by Councilmember Kuefler to approve the remaining on -sale liquor licenses in the City of Brooklyn Center for 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka: Voting against: none. The motion passed. REPORT ON COUNTY RADIO SYSTEM The City Manager reviewed a letter from the City Manager of Richfield pointing out that Hennepin County recommends that the county should establish a policy that emergency communications and dispatch is most appropriately a county function and responsibility. He pointed out the City Manager of Richfield noted in his letter that there was unanimous opposition to Hennepin County's policy by those cities represented at a meeting held on December 4 . 1981 that P rovide their own communication and dispatch_ services. The City Manager stated that he is recommending approval of a resolution concerning the issue of providing communications /dispatch services within Hennepin County. He noted the resolution provides that two representatives from each City would participate on a committee to represent the 'City's interest in this matter. He stated that he would 'agree to serve as the staff representative and requested that the City Council appoint someone from the Council to represent the Brooklyn Center City Council on the committee. RESOLUTION NO. 81 -272 Member Tony Kuefler introduced the following resolution and moved its adoption:` RESOLUTION CONCERNING THE ISSUE OF PROVIDING COMMUNICATIONS /DISPATCH SERVICES WITHIN HENNEPIN COUNTY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. L 12 -21 -81 -19- It was noted that City Manager Gerald Splinter and Councilmember Gene Lhotka were appointed to the committee to represent the City's interest in this matter. Voting in favor: 'Aayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. MUNICIPAL COURT ORDER REGARDING DOWNTOWN COURT APPEARANCES AND PROSECUTOR AVAILABILITY The City Attorney explained that municipal and district court judges and court administrators have proposed it be required that prosecutors be present at all arraignments and that jurors be picked downtown and that Rasmussen Hearings be held downtown also. He stated that since these proposals were made it is now proposed by the municipal and district court judges and court administrators that only if a police report is not complete judges can dismiss the charges. He pointed out that the previous requirements of the prosecutor to be present at all arraingnments, jurors to be picked downtown, and Rasmussen Hearings to be held downtown were withdrawn. He stated that there is no action necessary on this matter by the Council ADJOURNMENT There was a motion by Councilmember Kuefler, and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10:40 p.m. Clerk Mayor } 12 -21 -81 -20- s ITY of " E BR CENTER S .. A EMPLOYEE, SERVICE RECOGNITION PROGRAM CITY OF BROOKLYN CENTER ' EMPLOYEE RECOGNI'T'ION NIGHT f JANUARY 11, 1982 Tonight is the third 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 1981, 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. Two persons, who are listed below, will receive service awards this evening. EMPLOYEES WITH TWENTY YEARS OF SERVICE Date of Employment :. RICHARD J. SCHWAB; Streets and Parks 4 -25 -61 Supervisor GLENN W. LEITER, Public Utilities 5 -01 -61 Maintenance The Employees recognized this evening are representative of all City Employees who serve their City well. Other active 'long -term City Employees 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 30 RICHARD JENNRICH, Equipment Operator 28 TRUMAN NELSON, Liquor Stores Manager 27 ROBERT CAHLANDER, Supervisor of Streets and Parks 26 TWENTY OR MORE YEARS OF SERVICE EUGENE HAGEL, Director of Parks and Recreation 24 JEAN CHAMPLIN, Chief Accountant 23 JAMES LINDSAY, Chief of Police 22 ROBERT ZIMBRICK, Public Utilities Supervisor 22 HAROLD ROSSOW, Park Maintenance 22 WILLARD DAHLBERG, Police Officer 21 GLEN BREUNINGER, Park Maintenance 21 ALLAN BRAUN, Engineering Technician 21 Seventy employees, of a total of 129 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, 1981 follows: Accumulative Employees with 25 or more years service 4 4 Employees with 20 or more years service 10 14 Employees with 15 or more years service 18 32 Employees with 10 or more years service 10 42 Employees with 5 or more years service 28 70 Employees with less than 5 years service 59 Total Permanent m 29 nt C t Employees es 1 Y P Y e -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. The recognition is accomplished by the presentation of awards by the City Council, City Manager, or by the Department Director. A summary. of awards follows I. Awarded upon the Completion of Years of Service Year Completed Awards How Presented 5 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 January, by Mayor 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- TO: Sy, Knapp, Director of Public Works J FROM: Jim Grube, Assistant City Engineer g DATE: January 7, 1982 RE: Final Plat of B &C Addition (Planning Commission Application 81056) Mr. Rodney Halvorson, on behalf of the owner, has petitioned the Engineering Departmant to final the referenced plat. The City Council approved the preliminary plat at its November 23, 1981 meeting subject to the following conditions: y 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 35 of the City Ordinances. 3. Lot width for Lot 2 of 74.66' at the front setback line is considered to meet the minimum lot width requirement of 75' by virtue of rounding the measurement to the nearest foot. 4. No building permit for the proposed Lot 2 shall be'issued until the final plat has been approved by the City Council and filed with the County. The final plat appears to be in order, meeting the provisions of Chapter 15 of the City Ordinances. The owner has net, however, submitted an abstract of title or registered property report to the City Attorney for his review and approval. It is therefore recommended that the final_ plat be approved by the City Council subject to the following conditions: 1. The owner shall submit an abstract of title or registered property report to the City Attorney for review and approval prior to filing at the County. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. No building permit for the proposed Lot 2 shall be issued until the plat has been filed by the County. f � �� ` � '� 1 1 � �.y[ jay! ' -..... ..�+��� !.�..C.....�... , I �� r ��._+.• � ``~L J/'- �....��,�• »- '��..,�✓''. - ._ -.�-� 1 � { � � I � ` � J � l_ t ' � � " = � � i L t. J�,�..� I �.� • •......+...� (.....w......w•'.- _ ...�. y ../ -_.+, r•�^ _ _ �� - G•'0� l��nc� 1S3fA c��,, ����� •� '�-� d � � I v � p T HI T i t rs ce � _ � � cr F • i'� . a 5 �i � 1 /' p• • � I 7 z ... � y � .. 1 '.T ! � �1 ` . , r .• �-� S ' - �� 1 V ,•'+"'. \ ` .�' +' �r..""_"r.'r -y • •.3 J \ V 1`i �1 BA N 7 -- I, 'v ,,- EI t! • �I — i A ! I 1 I I I ' G ' r ..a r-+- rz + i - ! __ — � t \li. t' .:u. c•:r: •J �, 1. �i:� fi iS /' { {. t �.,� 1 ,; � _... -. • � -f ~. fit L3 CC) er rO Al ri;d i.:O�Si�! , tr�l �� i� i1 1C� 1 `; .T _ Li - y J C}.. p ca er t r l .4 _ s�ppaa� 1 ! •r• 0 Sc,ac£ ti r L � O ©Eh'OTES IRON AI'Jh ,i,dr.-, f r \ it r� I t{ 9EARlN63 S.4Gtr•.y ARE ASS; w` 4 ® v� � , �r �•orr.� P,vo /.t/ n•� /S /6t Sbofb ;•nt o! loi4/ ' • o,�' ifi S'oslci %y � /enrton - -- ---1-- C ,4 NBfo`oe N64 °s9 Si 'E gyp 7 p ia 0 +� A VO' '> iO.rTO 4 • '.�7u Jh /inG Ol' LO! �/ I -- / v s 9 Lot ;.z n 1 ^ � (• h R �i { O - 1 o` h 133 24�, N "W R ~ I � 4 1 1 a� MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planning Assistant DATE: January 7, 1982 SUBJECT: Performance Guarantee The following performance guarantee is recommended for application to an additional phase of the development. 1 Earle Brown Farm Estates, Plats 1 and 2 Freeway Boulevard and Shingle Creek Parkway Planning Commission Application No. 81039 Amount of Guarantee - $60,000 bond Obligor - DeVries Builders, Inc. Phase One of the Earle Brown Farm Estates which includes Plats 1 and 2 has been substantially completed. Paving, curb and gutter, utilities, sod and most landscaping have been installed. Rock mulch is to be added within narrow concrete delineators separating driveways; as -built surveys of utility installation must be submitted; and landscaping must prove viable after one year. The remaining work can well be covered by a $25,000.00 guarantee. The obligor wishes to apply the existing $60,000 guarantee to Plat 3, the bonding requirement for which is $35,000. In lieu of the substantial completion of Phase 1, it is recommended that the existing bond be applied to Plat 3 improvements upon execution of a performance agreement pertaining to same and submission of a rider from the bonding company acknowledging that the bond now covers Plat 3. APPROVED Y Rona d A. Warren Director of Planning and Inspection Y t t .a Member introduced the following resolution and moved its adoptions RESOLUTION NO. _s RESOLUTION DESIGNATING THE CAMDEN NORTHWESTERN STATE BANK A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Camden Northwestern State Bank be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that re- payment is guaranteed by the Federal Deposit Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City and approved by the City Council by said bank. 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 bank 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. t Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i I 1� b� 3 Member introduced the following resolution and t moved its adoption: z RESOLUTION NO. RESOLUTION DESIGNATING THE FIDELITY BANK AND TRUST COMPANY A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Fidelity Bank and Trust Company be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that re payment is guaranteed by the Federal Deposit Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the i City and approved by the City Council by said bank. 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 bank 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. 1 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. 4" 17� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE FIRST BROOKDALE STATE BANK A DEPOSITORY 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 a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that re- payment is guaranteed by the Federal Deposit Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the 4 City and approved by the City Council by said bank. j 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 bank, 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. a d Member introduced the following resolution and moved its adoption: RESOLUTION NO. i RESOLUTION DESIGNATING THE FIRST NATIO14AL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS i BE IT RESOLVED by the City Council of the City of Brooklyn Center that the First National Bank of Minneapolis be and is hereby designated as j a depository for the funds of the City of Brooklyn Centex, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Deposit Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City and approved by the City Council by said bank. 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 bank 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. L 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._ � y jj le Member introduced the following resolution and f - N moved its adoption: i4o RESOLUTION NO. J RESOLUTION DESIGNATING THE FIRST PLYMOUTH NATIONAL BANK A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Plymouth National Bank be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Deposit Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City and approved by the City Council by said bank. generally BE IT FURTHER RESOLVED that the P g ersons y authorized by the City Charter to act for the City in any of its business with the bank 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. n F Member introduced the following resolution and r moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Hennepin_ Federal Savings and Loan Association be and is hereby designated as a depository for the funds of the City of Brooklyn Center, t Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Savings and Loan Insurance Corporation. s 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 association are any persons holding office from time to time as City Manager and City Treasurer. BE IT FURTHER RESOLVED that the City Manager is Gerald G. Splinter and the City Treasurer is Paul W. Holmlund. I 'I P 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. R "J Member introduced the following resolution and moved its adoption: #� RESOLUTION NO. RESOLUTION DESIGNATING THE FIRST FEDERAL SAVINGS & LOAN ASSOCIATION A DEPOSITORY OF CITY FUN BE IT RESOLVED by the City Council of the City of Brooklyn Center that the First Federal Savings & Loan Association be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Savings and Loan Insurance Corporation. 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 association, are any persons holding office from time to time as City Manager and City Treasurer. BE IT FURTHER RESOLVED that the City Manager is Gerald G. Splinter and the City Treasurer is Paul W. Holmlund. z Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and { moved its adoption: ' 1 RESOLUTION NO. RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Marquette National Bank be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Deposit Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City and approved by the City Council by said bank. 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 bank 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 IF 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. J71 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Midwest Federal Savings and Loan Association be and is hereby designated as a depository for the funds of the City of Brooklyn Center, C Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Savings and Loan Insurance Corporation. 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 association j are any persons holding office from time to time as City Manager and City Treasurer, r 1 P BE IT FURTHER RESOLVED that the City Manager is Gerald G. Splinter and the City Treasurer is Paul W. Holmlund. I Date Mayor ATTEST. Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 I,i f 1 g 3 Member introduced the following resolution and moved its adoption: t� RESOLUTION NO. E RESOLUTION DESIGNATING THE TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Twin City Federal Savings and Loan Association be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein 4 to the extent that repayment is guaranteed by the Federal Savings and Loan $ Insurance Corporation. 4 t BE IT FURTHER RESOLVED that the persons generally authorized by the 3 City Charter to act for the City in any of its business with the association are any persons holding office from time to time as City Manager and City Treasurer. t BE IT FURTHER RESOLVED that the City Manager is Gerald G. Splinter and the City Treasurer is Paul W. Holmlund. i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. J7 4 Member introduced the following resolution and moved its adoption: RESOLUTION 270. RESOLUTION DESIGNATING THE SUMMIT STATE BANK A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Summit State Bank be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the . s Federal Deposit Insurance Corporation and such additional funds not to exceed' i the amount of 90% of collateral pledged to the City and approved by the City Council by said bank. 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 bank 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. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. - r 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: is hereby designated as a Representative of the Association of Metropolitan Municipalities, and is hereby designated to serve as Alternate Representative of the Association of Metropolitan Municipalities for the year 1982 and until their successors are appointed. K Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following' voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. � A Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: is hereby designated a Director of the Suburban Rate _ Authority, and is hereby designated to serve as the Alternate Director of the Suburban Rate Authority for the year 1982 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, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. IY Member introduced the following resolution and { moved its adoption: RESOLUTION NO. RESOLUTION REGARDING MAYOR NYQUIST'S 1982 SALARY WHEREAS,_ Mayor Dean Nyquist served as Mayor of Brooklyn Center in 1978, 1979, 1980, and 1981 without salary compensation; and WHEREAS, Mayor Nyquist yqust has officially.. requested that he not be compensated in 1982 for serving as Mayor of Brooklyn Center; and _ WHEREAS, the City Council is appreciative of Mayor Nyquist's gesture and wishes to acknowledge his request and formally direct that no salary be given him in 1982 for serving as Mayor of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct that Mayor Nyquist, at his own behest, not be compensated in 1982 for serving as Mayor of Brooklyn Center. F 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. {J70 Member introduced the following resolution ( and moved its adoption: k RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. TONY KUEFLER WHEREAS, Tony Kuefler served as a member of the Brooklyn Center City Council from 1973 through 1981; and WHEREAS, his service to the City.and his consistent leadership have contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the City should be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Tony Kuefler is hereby presented with this resolution as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken, thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. BILL FIGNAR WHEREAS, Bill Fignar served as a member of the Brooklyn Center City Council from 1973 through 1981; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the City should be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Bill Fignar is hereby presented with this resolution as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 Member introduced the following resolution and (' moved its adoption: RESOLUTION NO. _ RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JERRY JOHNSON WHEREAS, Jerry Johnson served as a member of the Park & Recreation Commission from May, 1973 through December, 1981, and served as the Commission's Chairman from September, 1976 through December, 1981; and WHEREAS, his leadership of the Commission and devotion to the tasks and responsibilities of the Commission contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the civic leadership and dedicated public service of Jerry Johnson as a member and Chairman of the Park & Recreation Commission is recognized and appreciated by the City of Brooklyn Center. i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same whereupon said resolution was declared duly passed and adopted. { f Member introduced the following resolution and moved its adoption: RESOLUTION NO. i RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOROTHY BUCKINGHAM WHEREAS, Dot Buckingham served as the Brooklyn Center Representative to the Northwest Hennepin Human Services Council from April, 1977 through December, 1981; and WHEREAS, her devotion to the tasks and responsibilities of the Council contributed substantially to the sound progress and development of the Council and the City of Brooklyn Center; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Dot Buckingham as -a member of the Northwest Hennepin Human Services Council and citizen, 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. f . STATE OF MINNESOTA J COUNTY OF HENNEPIN ) SS. Certification as to Extract of CITY OF BROOKLYN CENTER ] Minutes I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota,.do hereby certify as follows: 1. That attached hereto is an extract of minutes of a regular meeting of the City Council of said City held on January 11, 1982. 2. That said meeting was held pursuant to due E ` call and notice thereof and was duly held at the City Hall in said City at 7:00 p.m. 3. That I have carefully compared the attached extract of minutes with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same related to giving preliminary approval to providing for the issu- ance and sale of Commercial Development Revenue Bonds pursuant to Chapter 474, Minnesota Statutes, to provide funds to be loaned to Brookdale Office Park Partnership for Commercial Development Project. • WITNESS my hand as such Clerk and the corporate seal of the City this day of , 1982 [SEAL] CITY OF BROOKLYN CENTER,' MINNESOTA City Clerk i Member introduced the following, resolution and moved for its adoption: RESOLUTION NO. PROVIDING FOR THE ISSUANCE AND SALE OF COMMER- CIAL DEVELOPMENT REVENUE BONDS PURSUANT TO CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO BROOKDALE OFFICE PARTNER- SHIP FOR COMMERCIAL DEVELOPMENT PROJECT. WHEREAS, the City is, by the Constitution and Laws of the State t e of Minnesota, so to including Chapter er 474 Minnesota P Statutes "Act"), as amended e (the Act ), authorized to .issue and sell its revenue bonds for the purpose of undertaking an authorized project, and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act and to pledge revenues of the project and otherwise secure such bonds; and WHEREAS, the City - Council hereby determines that it is desirable and expedient to authorize, and the City Council does hereby authorize, the issuance and sale of Commercial Development Revenue Bonds ( BROOKDALE OFFICE PARK PARTNERSHIP PROJECT), Series 1982 (the "Bonds ") of the City in the aggre- gate principal amount of Eight Million Two Hundred Thousand Dollars ($8,200,000) pursuant to the Act to provide money to be loaned to Brookdale Office Partnership, a Minnesota gen- eral partnership (the "Obligor "), to finance costs of acquiring, constructing, improving and equipping commercial buildings in the City (the "Project Buildings ") to be owned by the Partnership and leased to various tenants, together with necessary equipment (the "Project Equipment ") to be located ermanentl in n p and become a art of the Project Y Pr part Buildings or the.. site thereof (the Project Site.) and necessary site improvements (collectively, the "Project" as more fully defined in the Loan Agreement hereinafter mentioned); and WHEREAS, forms of the following documents relating to j the Bonds and the Project have been submitted to and examined by the City Council and are now on file in the office of the City Clerk: (a) Loan Agreement (the "Loan Agreement ") dated as of January 1, 1982 by and between the City and the { Obligor whereby, among other things, the City agrees to I sell the Bonds to make a loan to the Obligor of the j i -2- I I i i i i proceeds of the sale of the Bonds and the Obligor cove - nants to complete the Project and to pay amounts suffi- cient to provide for the prompt payment of the principal of and interest and premium, if any, on the Bonds; and (b) Indenture of Trust (the "Indenture ") dated as .of January 1, 1982 from the City to First Trust Com- pany of Saint Paul, in St. Paul, Minnesota, as trustee (the "Trustee "), whereby the City assigns its interests in the hereinafter mentioned Loan Agreement and loan repayments to be made by'the Obligor thereunder to the Trustee; and (c) Irrevocable Letter of Credit (the "Letter of Credit ") dated January 1, 1982 from The First National Bank of Minneapolis (the "Bank ") to the Trustee securing the repayment of the principal of the Bonds (this docu- ment not to be executed by the City); and (d) Letter of Credit Agreement (the "Letter of Credit Agreement ") dated as of January 1, 1982 by and among the Obligor, the City, the Trustee and the Bank providing for reimbursement by the Obligor of amounts paid under the Letter of Credit and certain other covenants; and (e) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage ") dated as of January 1, 1982 from the Obligor to the Trustee granting the Trustee a mortgage lien on and security interest in the Project Site and the Project Building 7 the "Project Facilities ") as security for the Bonds (this document not to be executed b the Cit • and Y City); (f) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Bank Mortgage ") dated as of January 1, 1982 from the Obligor to the Bank, whereby the Obligor grants a mortgage lien on and secu- rity interest in the Project Facilities to the Bank as security for the Letter of Credit Agreement (this docu- ment not to be executed by the City); and (g) Guaranty (the "Guaranty ") dated as of January 1, 1982 from Harold Roitenberg, C. E. Sheehy and Gary S. Holmes (the' "Guarantors ") to the City whereby the Guarantors unconditionally, jointly and severally ' guaranty the payment of all amounts payable by the Obligor pursuant to, and the performance by the Obligor -3- of its other duties under, the Loan Agreement to the i extent provided therein (this document not to-be exe- cuted by the City); and (h) Guaranty (the "Bank Guaranty ") dated as of January 1, 1982 from the Guarantors to the Bank whereby t the Guarantors unconditionally, jointly and severally { guaranty the performance of the Obligor's obligations under the Bank Mortgage and the Letter of Credit Agree- ment and certain other documents (this document not to be executed by the City); and i Demand Pro " ( ) Promissory Note (the "Note") from the Obligor to the Bank whereby the Obligor agrees to pay to the Bank the amount owing under the Letter of Credit Agreement (this document not to be executed by the City); and (j) First Assignment of Rents and Leases (the "Assignment ") dated as of January 1, 1982 from the Obligor to the Trustee whereby the Obligor assigns the Partnership's interest in leases of space in the Project Buildings and the rentals derived therefrom to the Trustee as security for the Bonds (this document not to be executed by the City); and (k) Second Assignment of Rents and Leases (the "Bank Assignment ") dated as of January 1, 1982 from the Partnership to the Bank whereby the Partnership_ assigns r the Partnership's interest in leases of space in the Project Buildings and the rentals derived therefrom to the Bank- as.security for payment of the indebtedness represented by the Note and of the amounts required to be paid by the Letter of Credit Agreement (this document not to be executed by the City); and (1) Security Agreement (the "Security Agreement ") from one of the Guarantors to the Trustee and the Bank whereby the Guarantor pledges certain property as secu- rity for the payment by the Obligor to the Bank and the Trustee of the amounts owing under the Letter of Credit Agreement, the Bank Mortgage, the Bank Guaranty, the Loan Agreement, the Mortgage and the Guaranty (this document not to be executed by the City); and (m) Bond Purchase Agreement (the "Bond Purchase Agreement ") dated as of January 19, 1982 from Miller & Schroeder Municipals, Inc. (the "Underwriter ") to the City and the Obligor, providing for the purchase of the Bonds by the Underwriter; and -4- i (n) Preliminary Official Statement dated January 4, 1982 and Official Statement dated January , 1982 (collectively, the "Official Statement ") describing the offer of the Bonds, certain terms and provisions of the foregoing documents and certain information con- cerning the Bank and the Obligor as deemed material by the Bank and the Obligor; and WHEREAS, it is hereby found, determined and declared that: (a) The Project, as described herein and in the Loan Agreement, based upon the representations of the Obligor, constitutes a revenue- producing enterprise and is a project authorized by and described in Section 474.02, Subd. la, of the Act. (b) The purpose of the Project is and the effect thereof will be to promote the public welfare by; pre - venting the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic deterioration; the development of sound industry and commerce to use the available resources of the com- munity, in order to retain the benefit of the communi- ty's existing investment in educational and public n service facilities; halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; adding to the tax base of the City and the county and school district in which the Project Facilities will be located. (c) The Project has been approved by preliminary duly adopted March 23 1981 resolution of the Council y a p , after a public hearing thereon, duly called and held and has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the pur- poses and policies of the Act. (d) The issuance and sale of the Bonds, the execu of tion and delivery of the Loan Agreement, the Letter Credit Agreement, the Bond Purchase Agreement and the Indenture and the performance of all covenants and agreements of the City contained in the Bonds, the Loan Agreement, the Letter of Credit Agreement, the Bond Purchase Agreement and the Indenture and all other acts and things required under the Charter of the City and the Constitution and laws of the State of Minnesota to make the Bonds, the Loan Agreement, the Letter of Credit -5- Agreement and the Indenture valid and binding obliga tions of the City in accordance with their terms, are permitted by the Act (e) There is no 'litigation pending or, to the best of its knowledge threatened, against the City relating to the Project or to the Bonds, the Loan Agreement, the Letter of Credit Agreement or the Indenture, or ques- tioning the organization of the City or its power or authority to issue the Bonds or execute and deliver the Loan Agreement, the Letter of Credit Agreement, the Bond Purchase Agreement and the Indenture. (f) The execution and delivery of and the perform - ance of the City's obligations under the Bonds, the Loan Agreement, the Letter of Credit Agreement, the Bond Purchase Agreement and the Indenture have been fully authorized by all requisite action and do not and will not violate any law, any provision of the City Charter, any order of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its prop- erty is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agree - ment or other instrument. (g) The Loan Agreement provides for payments by the Obligor to the Trustee for the account of the City of such amounts as will be sufficient to pay the princi- pal of, interest and premium, if any, on the Bonds when due. The Loan Agreement obligates the Obligor to pro- vide for the operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. (h) As required by the provisions of Section 474.10 of the Act, the Bonds shall recite that the Bonds are not to be payable from nor charged upon any funds other than amounts payable by the Obligor pursuant to the Loan Agreement which are pledged to the payment thereof, and, in event of default, moneys derived from the Letter of Credit or foreclosure or other enforcement of the Guaranty, the Security Agreements, the assignment or the Mortgage; the City is not subject to any liabil- ity thereon; no Holder of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or -6- encumbrance, legal or equitable, upon any property of the City; and such Bonds do not constitute an indebted- ness of the City within the meaning of any constitu- tional, statutory or charter limitation. (i) Nothing has come to the attention of the City, Council to indicate that any member of the City Council (i) has a direct or indirect interest in the Project, the Loan Agreement, the Mortgage, the Guaranty, the Security Agreements, the Assignment or the Bonds, (ii) owns any capital stock of or other interest in the Project, (iii) will be involved in supervising the completion of the Project on behalf of the Obligor, or (iv) will receive any commission, bonus or other remu- neration for or in respect of the Project, the Loan Agreement or the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: 1. Approval and Execution of Documents The forms of Loan Agreement, Indenture, Letter of Credit, Letter of Credit Agreement; Mortgage, Bank Mortgage, Guaranty, Bank Guaranty, Note, Assignment, Bank Assignment, Security Agreements, Bond Purchase Agreement and Official Statement referred to above are approved. The Loan Agreement, Letter of Credit Agree- ment, Bond Purchase Agreement and Indenture shall be executed in the name and on behalf of the City by the Mayor and the City Manager in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execu- tion thereof. The Letter of Credit, Bank Mortgage, Mortgage, -7- Guaranty, , Bank Guaranty, Note, Assignment, Bank Assignment and Security Agreements may contain such revisions as may be approved by the Bank and the Obligor. 2. t Approval of Terms and Sale of Bonds The City S shall proceed forthwith to issue its City of Brooklyn Center i Commercial Development Revenue Bonds (BROOKDALE OFFICE PARK PARTNERSHIP PROJECT), Series 1982, in the authorized princi- pal amount of $8,200,000, of which $4,240,000 in principal amount shall mature on January 1, 1985 and bear interest at the rate of percent ( %) per annum and $3,960,00.0 in principal amount shall mature on January 1, 1987 and bear interest at the rate of percent ( %) per annum and which shall be substantially in the form, payable in the installments and otherwise containing the provisions set forth in the form of Bond contained in the Indenture, which terms and provisions are hereby approved and incorporated in this Bond Resolution and made a part hereof. The Bonds, numbered 1 to 1,640 in order of maturity, shall be issued and delivered to the Underwriter in the authorized principal amount of $8,200,000 and as authorized by the Act, principal of and interest on the Bonds shall be payable at the main office of the Trustee or its successor as paying agent under the Indenture in lawful money of the United -8- r States of America. The proposal of the Underwriter to pur- chase such Bonds at a price of is hereby found { and determined to be reasonable and is hereby accepted. 3. Execution, Delivery and Endorsement of Bonds The coupon Bonds shall be executed by the facsimile signatures of the Mayor and City _Manager and a facsimile of the official seal of the City shall be imprinted thereon, and the appurte- nant coupons shall be executed by the facsimile signatures of the Mayor and City Manager. When so prepared and executed, the Bonds shall be delivered to the Underwriter upon payment of the purchase price therefore, and upon receipt of the i signed legal opinion of Kutak Rock & Huie, bond counsel, pursuant to the Bond Purchase Agreement. Each of the Bonds shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 4. Registration Records The City Clerk and City Manager are authorized and directed to deliver a certified copy of this Bond Resolution to the County Auditor of Hennepin County, together with such other information as the County Auditor may require, and obtain the certificate of the County Auditor as to entry of the Bonds on his bond register as required by the Act and Section 475.63, Minnesota Statutes. 5. $10 Million Election The City hereby elects that the $10 million limitation of capital expenditures set forth -9- in Section 103 (b) (6) (D) of the Internal Revenue Code of 1954, as amended, shall be applicable to the Project and the Bonds, and the Mayor or City Manager shall execute and file on behalf of the City the form of election required by said Section and.the regulations thereunder. 6. Amendments, Changes and Modifications to Loan Agreement, Indenture and Bond Resolution The City shall not enter into or make any change, modification, alteration or termination of the Loan Agreement, the Indenture or this Bond Resolution without the written consent of the Trustee. 7. Pledge to Holder Pursuant to the Indenture, the City shall pledge and assign to the Trustee all interest of the City in the revenues of the Project and the Project Facilities, including all loan repayments to be made by the Obligor under the Loan Agreement (except for certain rights to indemnification and the payment of fees and expenses) All collections of moneys by the City in any proceeding for enforcement of the obligations of the Obligor under the Loan Agreement shall be received, held and applied by the City for the benefit of the Holders of the Bonds. 8. Covenants with Holders; Enforceability All provi- •sions of the Bonds and of this Bond Resolution and all repre- sentations and undertakings by the City in the Loan Agreement are hereby declared to be covenants between the City and the Holders of the Bonds and shall be enforceable by the Holder -10- in a proceeding brought for that purpose; provided that no such covenant, representation or undertaking shall ever give rise to any pecuniary liability of the City, its employees, officers or agents or constitute a charge against its general credit or taxing powers. 9. Definitions and Interpretation Terms not other- wise defined in this Bond Resolution but defined in the Loan Agreement shall have the same meanings in this Bond Resolu- tion and shall be interpreted herein as provided therein. Notices may be given as provided in Section 11.1 of the Loan Agreement. In case any provision of this Bond Resolution is for any reason illegal or invalid or inoperable, such ille- gality or invalidity or inoperability shall not affect the remaining provisions of this Bond Resolution, which shall be c onstrued or enforced as if such illegal or invalid or inop- erable provision were not contained herein. 10. Authorized Representative The City Manager is hereby designated as an authorized representative of the City for purposes of signing any Issuer Request, Issuer Order or Issuer Consent (as defined in the Loan Agreement). 11. Certifications The Mayor, City Manager, City Clerk and other officers of the City are authorized and directed to prepare and furnish to Kutak'Rock & Huie, bond counsel, to the Obligor, to the Trustee, to the Bank and to counsel for the Obligor and the Bank, certified copies of all -11- r proceedings and records of the City relating to the Project and the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as other- wise known to them; all such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. j 12. Official Statement The City hereby approves and consents to the use by the Underwriter in the marketing of the Bonds of the Official Statement. 4 r January 11, 1981 Date Mayor The motion for the adoption of the foregoing Bond 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: p whereupon said resolution was declared duly passed and adopted. � -12- Member introduced the following resolution and moved its adoption: a RESOLUTION NO. p RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR IMPLEMENTATION OF 911 EMERGENCY NUMBER SERVICE i BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to enter into an agreement k with Northwestern Bell Telephone Company to furnish, install, and maintain the facilities and equipment for the 911 universal emergency telephone number in i accordance with the Agreement for Implementation of 911 Emergency Number Service. 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 AGREEMENT FOR IMPLEMENTATION OF 911 EMERGENCY NUMBER SERVICE AGREEMENT made on the last date opposite the signature of the parties hereto by the NORTHWESTERN BELL TELEPHONE COMPANY, herein after Company and the City of Brooklyn Center hereinafter Customer. A. The Customer hereby requests the Company to furnish, install and maintain the facilities and equipment set forth in Attachment A for the Service described in Attachment B. Said Service may be modified from time to time by consent of the parties. _ B. The Company hereby agrees to furnish, install and maintain such facilities i and equipment, subject to the following terms, conditions, rates and charges: 1. The Company will furnish, install and maintain a 911 EMERGENCY NUMBER SERVICE hereinafter called the "Service" for the city of Brooklyn C enter 6301 Shingle Creek Pkwy, Brooklyn Center MN 55429 street city state zip in connection with exchange, private line and long distance service. 2. The designated central office Emergency Telephone Number will be NINE ONE ONE (911 ) and will be the "only" three d' Emergency Numb e > >t a enc e y ' s y r designated in an Area to be used for Law Enforcement, Fire and Emergency Medical Aid. 3. The General Rules and Regulations and Tariffs of the Company on file with and approved by the Public Utilities Commission of the State of Minnesota as lawfully in effect during the period in which the €acilities or equipment is furnished hereunder are incorporated herein by reference and made a part hereof. 4. Rates shown on Attachment A are those in effect as of the date of the execution of this Agreement. The actual rates billed will be those in effect on the date of installation except for those items identified as 911 equipment, which rates shall remain in effect unchanged through December 31, 1982. Rate changes after December 31, 1982 are subject to Public Utilities Commission approval. .r 5. The Customer will pay the Company monthly in advance for the rates lawfully in effect at the time such Service is furnished, • 6. The Company will immediately commence such engineering and other preparations as are required to furnish the Service. The Customer agrees to receive and purchase the Service commencing on the date the Service is operational. The installation date for the Service will be on or before December 15, 1982. Such installation date may be amended by mutual agreement of both parties. 7. It is understood that to provide the Service, the Company must incur considerable expense and make substantial investments well in advance of said date. Much of such expense and investment cannot be allocated to other Service in the event the Service hereunder is deferred or cancelled. Consequently, the Customer agrees to inform the Company as soon as possible of changes so that the Company may cancel or defer - it's preparations and otherwise minimize any loss. In the event of cancellation or deferment, the Customer will pay certain costs as incurred by the Company in preparing to provide the service as described in the applicable Tariff. B. This 911 Emergency Number Service Agreement is in addition to the 911 Service Agreement between the Northwestern Bell Telephone Company, the State of Minnesota and the Metropolitan 911 Telephone Board. The Agreement between the Company, the State and the Board shall cover the Network portion of the Metropolitan 911 Telephone System as described in Artical II, B -3 and the Addendum A'of said Agreement. 9. A copy of this Service Agreement shall be furnished to the Department of Administration, State of Minnesota as required by Artical II, A -5 of the 911 Service Agreement between the Company, the State and the Board. 10. This Agreement shall commence on the date the last signature of the parties is affixed hereto and shall continue in effect until terminated by thirty days written notice by either party the other without further liability to the Customer or the Company except as provided in Artical 7 of this Agreement. The initial term of this Agreement shall be 30 days with commencement of the Service herein. l 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives duly authorized and empowered thereunto, as of the date . set forth hereinbelow. CUSTOMER COMPANY NORTHWESTERN BELL TELEPHONE CO. t BY BY TITLE TITLE DATE DATE CUSTOMER COMPANY S BY BY TITLE TITLE ! s y DATE DATE t CUSTOMER BY TITLE DATE i ATTACN';ENT ti SCHEDULE OF EOUI Pt1EJ► Attached to and made a part thereof to the Service Agreement between Northwestern Bell Telephone Company and the City of Brooklyn Center Dated 19 Item Monthly Non- Recurring Identification Description. Quantity Rate Charae° Code 311 Service lines 3 - -- - -- - -- MI Master Controller 1 $365.00 $7,300.00 E9S ANI Display and Transfer Unit 2 46.00 1,300.00 E9U Commercial Power Conversion Unit 1 55.00 1 E9P ALI T=aster Controller 1 445.00 9,540.UU E8L ALI Display Unit 2 120.00 2,380.00 E8P Interior Wiring 2 2.00 204.00 E8Q MISCELLANEOUS EQUIPMENT t Model 43 Teleprinter 1 $ 83.75` 82.50 43LYS n x911 Tariffed equipment ATTACHMENT B 911 SYSTEM DESCRIPTION 911 Service is provided as universal emergency telephone number. The 911 emergency telephone service is not intended to be a total replace- ment for the telephone service of a public safety agency. The 911 service lines are furnished for the purpose of receiving reports of emergencies by the public. The 911 service as provided in the Seven County Metro Area will include the features and hardware as described below: FEATURES Selective Routing a feature that routes 911 calls to the desig- nated Public Safety Answering Point based on the identified tele- phone number of the calling party. Automatic"Number Identification a feature by which the calling party's telephone number is forwarded to the Public Safety Answering Point and displayed to the operator. Automatic Location Identification a feature by which the address information associated with the calling party's telephone number is forwarded to the Public Safety Answering Point and displayed on a video screen. Alternate Routing a feature which allows 911 calls to be routed to a designated alternate location if all 911 service lines to the PSAP are busy or if the Primary PSAP closes for a period of time. Default Routing a feature which routes calls to a predetermined PSAP if for some reason the calling number cannot be identified due to • garbled digits or some other cause. Four and eight party service calls will be treated via default routing: D i i Fixed Transfer a feature which enables PSAP personnel to transfer calls to other active PSAPs using a single button on the Display and transfer console. i Forced Disconnect a feature which allows PSAP personnel to release F from a call even though the caller may remain on the line. This prevents anyone from intentionally tying up the 911 exchange lines. E i ® is Manual Transfer k • a feature which enables a PSAP attendant to � transfer a 911 call to another location by dialing a seven _digit number or a two digit speed calling code. HARDWARE Automatic Number identification: t x Master Controller provides common equipment, wiring and power for a maximum of four 911 service lines and or four 911 answering positions. • ' Auxiliary Controller provides a mounting ack wiring and ow 9 � g power to control up to eleven additional 911 service lines or 911 answering positions. Additional Line Equipment: provides circuit packs in the auxiliary controller for each additional four 911 service lines. (Maximum three per system) Display and Transfer Unit provides a display of the caller's telephone number to the 911 answering point. The display and transfer unit is equipped with twelve buttons that are used to transfer calls to other locations. Power Conversion Unit provides a power rectifier for con- verting the commercial power supply to -48 vol as required by the 911 system. Automatic Location Identification Master Controller provides common equipment for controlling 4 up to three 911 video display units. Auxiliary Controller provides common equipment for controlling , up to four additional 911 video display units. (Maximum three per system) Video Display Unit provides for display of address, emergency service agencies, and other location information to the 911 attendant. (Maximum 15 per system) Teleprinter provides for logging of all calls received and answered by the 911 system. TIME ANI ATNDT AEIZURE ANSWER TRANSFER DISCONN RUNK 0- 727 -3480 O1 08 :30:00 08:3 0 08•.31'. 08:31 :00 02 i • u Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund; and WHEREAS, on September 28, 1981, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1982; and WHEREAS, when said budget was adopted, 1982 salaries and wages for some City employees had not been set; and WHEREAS, the City Council did appropriate funds for departmental labor and fringe benefits in the amount of $225,400 to Unallocated Departmental Expense (Department #80) to provide funds for 1982 salary and wage settlements; and WHEREAS, wages and salaries for the calendar year 1982 have now been set by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $181,201 from the following Unallocated Departmental Expense (Department #80) appropriations: 01 -4100 Salaries, Regular Employees $155,977 01 -4141 PERA- Regular 2,544 01 -4142 PERA- Combined 4,968 01 -4143 PERA- Police 3,971 01 -4144 Social Security 5,341 01 -4151 Hospitalization Insurance 8,400 $181,201 to the following departmental appropriations: Department Salaries, Salaries, Salaries, PERA PERA PERA Social Group Deferred or Regular Overtime Temp. Reg. Comb. Police Seca Health Comp. Division 4100 4112 4130 4141 4142 4143 4144 4151 4157 City Manager's (13) $ 12,827 $ $ $ $ 478 $ $ 581 $ 1,333 $ 228 Elections (14) 348 20 23 68 Assessing (15) 7,635 1,100 480 415 820 Finance (16) 12,878 587 402 486 1,640 Govt. Bldgs. (19) 10,224 100 700 608 740, 1,435 Police (31) 47,960 2,400 162 960 3,769 1,162 3,690 RESOLUTION NO. e F a _ Department Salaries, Salaries, Salaries, PERA PERA PERA Social Group Deferred or Regular Overtime Temp. Reg. Comb. Police Sec. Health Camp. Division 4100 4112 4130 4141 4142 4143 4144 4151 4157 Fire (32) $ $ $2,580 $ $ $ $ $ $ Plan. /Insp. (33) 9,749 700 575 700 1,025 Emerg. Prep. (34) 2,236 31 202 37 205 Engineering (41) 18,863 600 722 631 1,845 Streets, Maint. (42) 4,655 500 488 27 33 492 "vehicle Maint. (43) 536 56 41 Rec. /Parks Admn. (61) 11,016 100 319 437 533- 1,230 Parks Maint. (69) 3,159 332 287 TOTAL $142,086 $ 100 $8,080 $2,544 $4,740 $3,971 $5,341 $14,111 $ 228 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 i i ', i 17v Member introduced the following resolution and IT moved its adoptions RESOLUTION NO. RESOLUTION ESTABLISHING XERXES AVENUE, 55TH AVENUE, 56TH AVENUE, STREET RECONSTRUCTION PROJECT 1982 -02, ACCEPTING CITY ENGINEER'S REPORT, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, AND PRO- VIDING FOR PUBLIC HEARING ON PROPOSED IMPROVEMENT PROJECT NO. 1982 -02 WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of the reconstruction of Xerxes Avenue from T. H. 100 to Co. Rd. 10 and 55th and 56th Avenues from T.H. 152 (Brooklyn Boulevard) to Xerxes Avenue North at an estimated cost of $397,650.00; and WHEREAS, the City Council deems it necessary and in the best interests of the City of Brooklyn Center to complete said improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that said improvement be established as Improvement Project No. 1982 -02, BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Engineer's report is hereby accepted and that the City Engi- neer be directed to prepare, plans and specifications for said improvement Project s._ No. 1982 -02. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Council proposes to proceed under authority granted by Chapter 429, Minnesota Statutes. 2. A public hearing on the proposed improvement shall be held at the City Hall in the city on Monday, the 8th day of February, 1982, at 8:00 o'clock P.M., and the Clerk shall publish notice of the time and place of hearing by two weeks' publication in the official news- paper of the city. 3. The area proposed to be assessed for said improvement is as follows: All tracts and parcels within an area bounded on the north by County Road'10, on the east by Shingle Creek, on the south by T.H. 100, and on the west by T.H. 152 (Brooklyn Boulevard). 4. This proposed improvement shall be designated as Xerxes Avenue, 55th Avenue, 56th Avenue Street Improvement Project No. 1982 -02. Date Mayor ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s CITY OF 6301 SHINGLE CREEK PARKWAY 'T BROOKLYN CENTER, MINNESOTA 55430 1 ` TELEPHONE 561 -5440 _ ENS' / EMERGENCY-POLICE-FIRE 561.5724 .. Decerber 30, 1981 F IPTEER' S REPORT PROJECT 1982 -02 PROJECT DESCRIPTION: Street Reconstruction, including roadway and curb and gutter reconstruction PROJECT 71JCATTON: Xerxes Avenue North frcm T.H. 100 to C.S.A.H. 10; and 55th and 56th Avenues North from T.H. 152 to Xerxes Avenue North DISCUSSION: In accordance with Resolution No. 78 -292, "Resolution Approving Five Year Municipal State Aid Capital Improvements Program," the City Council initiated Street Improvement Project No. 1981 -03; the reconstruction of Xerxes Avenue North and 55th and 56th Avenues North adjacent to Brookdale Center. Mm, rovement hearings were held by the City Council on March 9 and March 23, 1981. At these hearings, representati -\Tes of affected businesses testified that the temporary street closure during 1981 would severely affect retail sales at a time when the f irms were already experiencing a negative impact from the I -94 con - struction. In consideration of the business representatives' requests, the City Council terminated the 1981 proceedings, but provided for reconsideration of the proposed project in 1982. The deferred project, more specifically described in the following paragraphs, has an estimated cost that is 9.5% greater than the estimated 1981 constriction cost. Design Considerations As noted in the` City Engineer's report of February 9, 1981, the existing roadway structures of Xerxes, 55th, and 56th Avenues North have shown signs of premature deterioration for a number of years. Factors contributing to the early degrada- tion of the pavement, which was placed in 1961, include: (1) weather conditions; (2) severe destructive axle loadings as a result of extensive roadway use by buses and tractor semitrailer trucks; (3) heavy winter use of salt -sand mixtures on the roadway surface; (4) possible use of inadequate asphalt cement or ag_c7regate in the roadway construction; and (5) improper construction technicfues used in subgrade preparation. Early deterioration of the concrete curb and nutter is attributed to several factors including: (1) overworking the joints and over- finishing the entire surface; (2) possible use of improper concrete; mixture with inadequate air entrainment; and (3) heavy use of salt. Various constr>..uction options have been considered and evaluated includina: (Option 1) -use of a bituminous overlay over existing pavement and patch- ing of existing and gutter where settlement or degradation has occurred; "'?1�,�,K�rt�K� 7f lvTe city - Pocanber 3 0, 1981 Lhgineer's Report Project 1982 -02 Page 2 (Option 2) - removal of approximately half the bituminous pavauent cross section by a method known as cold milling or scarification and patching of existing curb and gutter where settlement or degradation has occurred; and (Option 3) complete ranoval of the existing structures, including curb and gutter, and replacement with new curb and gutter and a nine -ton bituminous pavaT ent. Field testing and subsequent consultation with the Minnesota Department of Transportation (MN/DOT) resulted in the determination that Option M- 1 may produce an acceptable roadway for a period of two or three years at which time the same conditions would again be experienced. Option No. 2 may pro - duce an acceptable roadway for 5 to 10 years, but again, the same conditions could again be experienced. option No. 3 should produce a roadway structure capable of providing a service life of twenty years with routine sealcoating of the street. This service life should be extendable to thirty years with the application of one or two overlays at the proper time. Also, because no feasible method is available to repair this existing curb and gutter, and because it would be much more expensive to 'replace the curb and gutter separately after a few more years, it is our opinion that both the curb and gutter and the pavement structures should be replaced at the saute t Accordingly, while Options 1 and 2 initially appear to have substantial cost advantages, Option 3 is recommended as the most cost- effective alternative. Option 3 also has the advantage of providing a one -shot solution, i.e., traffic on these roadways should not have to be disturbed by construction again for more than twenty years. The proposed design specifications will make allowance for the use of recycled bituminous material as an alternate to virgin materials. Such use of recycled bituminous material has been recognized as being cost effective by MN/DO`T and has been used by the cities of St. Louis Park, Roseville, and Maplewood (among others). The final product is equal in all respects to a roadway using all vir- gin materials. Also included in the project cost is the installation of a street light at the 56th Avenue - Xerxes Avenue intersection and the elimination of overhead wiring to the street light at the 55th Avenue- Xerxes Avenue intersection. Funding Cons iderations Funding is available from t�. funding sources, i.e., Municipal State Aid Street funds and Special Assessments levied against benefited properties. Established City policy provides that special assessments equaling the total cost of the project be levied for street improvarent projects within ccnnercial or industrial areas. however, for this project, staff aqain recommends that the City Council consider reduction of assessable project costs by an amount correspotxli.ng to p structure service life not realized. Because these 20 -year old roadhrUys should have provided approximately 30 years of service, a 33% reduction in total assessable project costs is recotmnended. Accordingly, this roport is L - visod on the assur.-ption that 67% of the total costs will be levied as special - Issos -Vents while 337 of the total costs will be paid by the City's Wulici�xil State Aid Street fund. Engineer's Roport Project 1982 -02 Page 3 Special assessments may be levied by various methods including the "area method or the "front foot" method. Staff again recommends the use of the area method of assessment with provisions for establishment of two "zones of benefit" as proposed in 1981. 1Rvever, it is recommended that the Brookdale Office Building be included in the assessment district since 1981 construction provided access to Xerxes and 56th Avenues via the Westbrook Mall and the "common drive ". In providing for zones of benefit, unit assessments may be prorated in accordance with each individual parcel's proximity to the improvement. A breakdown of such unit assessments is provided in the project sur vary. It was rated that, during the 1981 proceedings, no objections were made to this proposed method *of distribut- ing the special assessment portion of project costs. Summary A of the estimated costs and s�Y assessments are as follows: Construction Oast $322,260.00 Contingencies (@ 5% of Construction Cost) 16,110.00 Utility Connections (Street Lights) 1,500.00 Subtotal, Construction Cost $339,870.00 Engineering Costs (@ 9° of Construction Cost) 30,590.00 Administrative Cost (@ 10 of Construction Cost) 3,400.00 Legal Cost (@ 10 of Construction Cost) 3,400.00 Interest (@ 12% /year for 6 months) 20,390.00 TOTAL PRDT COST $397,650.00 Estimated City Cost (@ 33% of Construction Cost) $132,550.00 Estimated Assessable Cost (@ 670 of Construction Cost) $265,100'.00 Proposed Unit Assessments: Zone A = $4,230.77/acre Zone B = $1,830.80 /acre The attached information includes: Project location and Assessment District Map and a Proposed Assessment Schedule. I4 is my opinion that the proposed project is feasible on the basis of the oondi- tions and considerations outlined above. Respectfully Submitted, Sy Kna i Director of Public t%brks /City Engineer cb Attachments ESTIMATED CONSTRUCTION SCHEDULE FOR XERXES AVENUE, 55TH AVENUE, 56TH AVENUE REIC0111STRUCTION Informational Meeting with Businesses - January 6, 1982 City Engineer's Report to City Council - January 11, 1982 m Public Hearing on Improvement - February 8, 1982 Contract Award - March 8, 1982 Preconstruction Conference - Weep of March 22, 1982 Project Start -- up F7eek of April 12, 1982 :. First Phase Completion Includes reconstruction of Xerxes Avenue from T.H. 100 to 56th Avenue; 55th Avenue from 11 ccmron drive to Xerxes Avenue; Brookdale Center ac- cess at 55th Avenue May 15, 1982 T , ,. ., Second Phase Completion Includes reconstruction of 55th t Avenue from T.H. 152 to "common drive" - May 26, 1982 Third Phase Completion - Includes reconstruction of Xerxes Avenue from 56th Avenue to C.S.A.H. 10; 56th Avenue from "cam - on drive" to Xerxes `Avenue and T.H. 152 to Bank access June 11, 1982 Fourth Phase Completion - Includes reconstruction of 56th Avenue frcm "common drive" to Bank access June 23, 1982 Final Clean -up - June 30, 1982 Cr�G�.lale cl � uii,ling R.L.S. - . 77 2.35 ROAD {#omt s h COUNTY N0. 1 r G gW�� "s ' �aP / 4? W -/- e 5 I broo k Np. \, P�0 : 1151 G � yo) � 000 R. L. S. ► N0. 1151 W F' F fir r p ,3 y 'v ` Gr 71 �rao " 7` 0 w 1 }♦a i , . ci acs ` y' q ti .R I n : •_ K � c) L •9 '• ,aI � S aF;i Q v TRACT H ' o �'�� 14 �t� 7 ; ,a & 0z. t cl 5 LOT it r y LLJ ---I AVE z LL—J- -- - -- t T i 14. W _ W r- N y ¢ d R_ 6 •n Z ,�r r - Y hp t z w RTy`y4Y a OR� a mo ri r" µyA Y D RIV Lr ZONE'`;`__as YS,A Q P .✓"'. i "aac f`... ROAD i. 57 Th / x tj lo 'P ORT 1 + Z O�E B R { --A —ZONE A t f i � 1 A ;t.� - NORT}dP0137 SCHOOL . f ' O LIONS Z, PEA R K / WATER SOWER PROJECT LOCATION AND ASSESSMENT DIST_R {C "S .� N � _ C•'S3R 1 9 :3 2 0 2 F OR IM P. P R 0 J. - PROPOSED ASSESSMENT SCHEDULE FOR IMPROVEMENT PROJECT NO._ 1982-02 (XERXES, 55TH, 56TH AVENUES), f ZONE A ZONE A* ZONE B ZONE B* TOTAL s PROPERTY OCCUPIM 13Y ARM (AC) ASSES.aIFNT 'AREA (AC) ASSFS3"IFT ASSESS= Marc Is Big Boy 1.01 $ 4,273.08 0.05 $ 91.54 $ '4,364.62 Firestone 1.07 4,526.92 -- -- 4,526.92 Red Opal- Country Store 2.60 11,000.00 1.30 2,380.04 13,380.04 Green Mill Restaurant 1.08 4,569.23 -- 4,569.23 Happy Dragon -- -- 0.61 1,116.79 1,116.79 Farrell's -- -- 0.98 1,794.19 1,794.19 Kentucky Fried Chicken -- -- 0.42 768.94 768.94 Brookdale Gar Wash 0.83 3,511.54 -- -- 3,511.54 Ox=n Drive ** 0.92 3,892.31 -- -- 3,892.31 Goodyear 1.06 4,484.62 -- -- 4,484.62 Audio King 0.51 2,157.69 -- 2,157.69 Cbwon Drive ** 0.16 676.92 -- -- 676.92 McDonald's 1.00 4,230.77 -- 4,230.77 Green Mill Parking 0.32 1,353.85 -_ 1,353.85 Midwest Federal 0.92 3,892.31 -- 3,892.31 First Brookdale Bank 1.98 8,376.92 0.06 109.85 8,486.77 Poppin Fresh 0.97 4,103.85 -- -- 4,103.85 Dayton's Herne Store 1.95 8,250.00 1.21 2,215.27 10,465.27 Westbrook Mall 2.03 8,588.46 8.03 14,701.33 23,289.79 Big Bi 0.83 3,511.54 3,511.54 Sears 3.75 15,865.37 12.74 23,324.39 39,189.76 Donaldson's 2.70 11,423.08 9.30 17,026.45 28,449.53 Brookdale Mall 5.64 23,861.54 31.62 57,889.93 81,751.47 JC Penney -- 1.88 3,441.91 3,441.91 JC Penney Auto Center - -- 0.37 677.40 677.40 Dayton's __ -- 2.87 5,254.40 5,254.40 Brookdale Office Building -- -- 0.96 1,757.5 1,75 TOTALS 31.33A $132,550.00 72.40A $132,550.00 $265,100.00 Estimated City Share 132,550.00 Estimated Total Project Cbst $397,650.00 *Unit Assessment rates: - in Zone A = $4, 230.77 /Pere; in lone B =$1, 830.80 /Acre * *Assessnent to be divided among adjacent properties according to percentage interest in ownership. r i Member introduced the following resolution and moved its adoption: RESOLUTION NO. si RESOLUTION ACCEP'T'ING BID FOR FOUR (4) COMPACT POLICE PATROL SEDANS WHEREAS, the City Clerk has reported that on January 11, 1982 at 11:00 a.m.,, he opened and tabulated bids received for the four (4) compact police patrol sedans, and that said bids were as follows: BIDDER PER UNIT TOTAL PRICE 1. Iten Chevrolet Co. $9,124.99 $36,499.96 8 weeks (approx.) 2. Polar Chevrolet & Mazda $9,249.00 $36,996.00 45 -65 days NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the bid of Iten Chevrolet Co. for the four (4) compact police patrol sedans in the amount of $36,499.96 is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. .Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID FOR 1500 GPM FIRE PUMPER WHEREAS, the City Clerk has reported that on January 8, 1982 at 11:00 a.m., he opened and tabulated bids received for the 1500 GPM Eire Pumper, and that said bids were as follows: BIDDER BID 1. FMC $129,798.00 170 days delivery 2. Peter Pirsch 124,293.00 200 days delivery 3. MidCentral 126,150.00 220 -240 days delivery 4. American LaFrance 126,477.00 120 -160 days delivery Alternative I 117,715.00 60- 80 days delivery Alternative II 119,302.00 60- 80 days delivery NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the Alternate No. 1 bid of American LaFrance for the 1500 GPM Fire Pumper in the amount of $117,715.00 is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 "l MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: January 8, 1982 SUBJECT: Fire Pumper Bids Bids on the proposed pumper were opened Friday, January 8th, at 11:00 a.m. The recommendation made in this memo is contingent upon a more thorough review of the bids over the weekend. Please note that the approved bid specifications allowed prospective bidders to offer prebuilts or demonstrators. Such vehicles are new and must meet the requirements of the Fire Department. They were bid as alternatives. The following bids were received: 3 i 1. FMC $129,798.00 170 days delivery 2.. Peter Pirsch 124,293.00 200 days delivery 3. MidCentral 126,150.00 220 -240 days delivery 4. American LaFrance 126,477.00 120 -160 days delivery Alternative 1 117,715.00 60- 80 days delivery Alternative II 119,302.00 60- 80 days delivery While the trade -in value of our 1962 Pirsch 750 pumper was part of the bid proposals, it is our intent to sell the vehicle ourselves. The City has currently received an offer that exceeds any of the trade --in offers. It is our recommendation that the bid from American LaFrance for Alternate I be accepted. Our preliminary review indicates that it meets the requirements set forth by the Fire Department. We will be prepared to discuss this in greater detail Monday night following a more extensive review of the bids. 17 Member introduced the following resolution a and moved its adoption: ?, RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 89 AND THE CITY OF BROOKLYN CENTER WHEREAS, the Public Employment Labor Relations Act of 1971, as amended thereafter, requires a written contract between the employer and the exclusive representative of a recognized bargaining unit; and WHEREAS, Law Enforcement Labor Services, Local No. 89 has been designated as the exclusive representative for the Brooklyn Center Police Sergeant's bargaining unit; and WHEREAS, the membership of Local No. 89 and the City Manager have agreed upon a negotiated Master Labor Agreement between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 89; and WHEREAS, the Agreement includes the following terms and conditions of employment: 1. LENGTH OF CONTRACT The agreement shall cover the-period from January 1, 1981 through December 31, 1982. The agreement shall be retroactive to January 1, 1981. 2. WAGE RATES - 1981 RATE SALARY h Starting Rate Sgt. A $1,964 per month After 6 months continuous employment Sgt. B $2,064 per month After 12 months continuous employment Sgt. C $2,168 per month After 18 months continuous employment Sgt. D $2,222 per month After 24 months continuous employment Sgt E $2,278 per month After 30 months continuous employment Sgt. F $2,335 per month WAGE RATES - 1982 RATE SALARY Starting Rate Sgt. A $2,160 per month After 6 months continuous employment Sgt. B $2,270 per month After 12 months continuous employment Sgt. C $2,385 per month After 18 months continuous employment Sgt. D $2,444 per month After 24 months continuous employment Sgt. E $2,506 per month After 30 months continuous employment Sgt. F $2,569 per month 3. INSURANCE The City will contribute up to a maximum of $95 per month, per employee, for the calendar year 1981 and up to a maximum of $105 per month, per employee, for the calendar year 1982 for general health, life, long term disability, including dependent coverage. 4. INJURED ON DUTY Employees injured during the performance of their duties for the employer and thereby rendered unable to work for the employer will be paid the difference between the employees regular pay and Worker's Compensation insurance payments for a period not to exceed 90 working days per injury, not charged to the employee's vacation, sick leave, or other accumulated leave, or other accumulated paid benefits, after i RESOLUTION NO. a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance. 5. SEVERANCE PAY As of January 1, 1981 severance pay is increased to one -third (1/3) of accrued sick leave from one- fourth (1/4) of accrued sick leave. WHEREAS, the City Manager recommends employer approval of the agreement: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the 1981 -82 Master Labor Agreement between the City of Brooklyn Center and the Law Enforcement Labor Services Local No. 89, dated January 5, 1982. 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 OF UNDERSTANDING Law Enforcement Labor Services, Inc. and the City ?f Brooklyn Center agree that should the following injury on duty benefit be declared or made legal in the State of Minnesota for public employees, the following language shall become part of the Labor Agreement: " INJURY ON DUTY Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the - Employer will be paid the difference between the employee'_s regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated leave, or other accumulated paid benefits, after a three .(3) working day initial waiting period per injury. The three (3) day working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance." This is not to be construed as an admission by the Union that the I.O.D. provision is illegal under the current statutory language. FOR FOR THE CITY OF BROOKLYN CENTER: Dated this S`� day of Dated this day of 1982. 1982. yy F r k LABOR AGREEMENT BEWEEN THE CITY OF BROOKLYN CENTER AND L.E.L.S., LOCAL NO. 89 l a January 1, 1981 - December 31, 1982 MASTER LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER' AND L.E.L.S. LOCAL NO. 89 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of between the City of Brooklyn Center, hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Local No. 89, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application: and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statues, Section 179.71, Subdivision•3, for all police personnel in the following Job classifications: Police Sergeant 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. 1 I I` 2 ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Local No. 89. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Local No. 89 3.3 EMPLOYEE A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Brooklyn Center Police Department. 3.5 EMPLOYER: The City of Brooklyn Center. a 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3..7 UNION OFFICER: Officer elected or appointed by Law Enforce- ment Labor Services, Local No. 89. 3.8 SERGEANT: An employee specifically assigned or classified by the EMPLOYER to the job classification and /or job position of SERGEANT. 3.9 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the SCHEDULED SHIFT during j which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utiliza -tion of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY .6.1 The EMPLOYER shall deduct from the wages of• employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice (s) and announcement (s) 6.4 The UNION agrees to indemnify and hold the E14:PLOYER � harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and con- ditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours pro- vided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the ° EMPLOYER. 7.4 PROCEDURE Grievances as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 . An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance with ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER- designated Step 2 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within -ten (10) calendar days following the EMPLOYER- designated represent - ative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 . If appealed, the written grievance shall be presented by `the UNION and discussed with the EMPLOYER- designated Step 3 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing within i i 1 ten (10) calendar days after receipt of such Step 3 grievance. °1 A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER - designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 . A grievance unresolved in 'Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selction of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, in inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses If either party desires a verbatim record of the proceedings, it may cause a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. ii 1 7.6 WAIVER ? 1 If a grievance is not presented within the time limits set 1 forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered L 6 settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER woes not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UTNION in each step. 7.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized- -Step 4 of Article VII or another appeal procedure- -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Brooklyn Center. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision - may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time.within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and•promotions when the job- relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; cl suspension; d) demotion; or e) discharge. and discharges ar es will'b e in written form. Suspensions, demotions g .10.2. Suspe , 10.3 Written reprimands, notices of suspension, and notices -of discharge which are to become.part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and /or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the grievance procedure under Article VII. ARTICLE XI UNIFORMS The EMPLOYER shall provide required uniform and equipment items. ARTICLE XII WORK ORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XI I I WAIVER 13.1 Any and all prior agreements, resolutions, practices, polices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby super- seded. 13.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions May not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XIV VACATIONS` 14.1 Permanent full- tide employees shall earn a vacation leave with pay as per the following schedule: Zero (0) through five (5) years of service - ten (10) working days per year. (5/6 day per month) Six (6) through ten (10) years of service - Fifteen (15) working days per year. (1-1/4 days per month) One (1) additional day per year of service to a maximum of twenty (20) working days after fifteen (15) "years of service. 14.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 14.3 Vacation may be used as earned, except that the EMPLOYER shall approve the time at which the vacation may be taken. No employee shall be allowed to use vacation leave during his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 14.4 Employees with less than five (5) years of service may accrue a_ maximum of fifteen (15) working days of vacation leave. Employees with more than five (5) but less.than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of twenty (20) working days of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period)may accrue a maximum of twenty -five (25) working days of vacation leave. 14.5 Employees leaving the service of the EMPLOYER in good standing, after having given the EMPLOYER proper notice of. termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE XV SICK LEAVE 15.1 Sick leave with pay shall be granted to probationary and . permanent employees at the rate of one (1) working day for each calendar month of full -time service or major fraction thereof, except that sick leave granted probationary employees' shall not be available for use during the first six (6 ) months of service. . 15.2 Sick leave may be used only for absence from duty because of personal illness, legal quarantine or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents -in -law, spouse, - children, parents of the employee. Sick leave may be used for the purpose of attending the funeral of the immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents- in-law, and grandchildren of the employees. f 15.3 Sick leave shall accrue at the rate of one (1) •day per month until one hundred twenty (120) days have been ac-' cumulated and at a rate of one -half (1/2) day per month after one hundred twenty (120) days have been accumulated. Employees using 'earned vacation or sick leave shall be considered working for the purpose of accumulating additional sick leave. Workers Compensation beneifts shall be credited against the compensation due employee's utilizing sick leave. 15.4 In order to be eligible for sick leave with pay, an employee must: a) notify the EMPLOYER prior to the time set for the beginning of their normal schedule shift; b) keep the EMPLOYER informed of their condition if the absence is of more than three (-3) days duration; e) submit medical certificates for absences exceeding three (3) days, if required by the EMPLOYER. 15.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE XVI HOLIDAY LEAVE 16.1 Holiday leave shall be granted for the following holidays :. New Year's Day Columbus Day Presidents Day Veterans Day Good Friday Afternoon Thanksgiving Day Memorial Day Christmas Day Independence Day and one and one -half (.1.1/21 Labor Day floating holidays 16.2 Employees shall receive compensatory time off'for each of the earned and accrued holidays. Such time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the EMPLOYER. ARTICLE XVII LEAVES OF ABSENCE 17.1 In cases of demonstrated need and where sick leave has not been abused, the EMPLOYER shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence the EMPLOYER will not permanently fill the employee's position and the employee's benefits and rights shall be retained.' 17.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive, of travel and expense pay) and his compensation for regularly scheduled working hours lost because of jury service. 17.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (.15) working days in any calendar year shall be entitled to leave of x 11 absence without loss of status. Such employees shall receive compensation from the EMPLOYER equal to the difference between his regular pay rate and his lesser military pay. 17.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the Minnesota Statutes. ARTICLE XVIII COURT TIME An employee who is required to appear in Court 'during his scheduled off -duty time shall receive a minimum of two (2) hours` pay at one and one -half 1 -1 2 i e e e. An extension ( / ) times the employee's ee s base pay P Y P Y or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hoar minimum. ARTICLE XIX SEVERANCE PAY 19.1 An employee shall give the EMPLOYER two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated , sick leave employees have to their credit at the time of { resignation or retirement, times their respective regular pay 4 rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just.cause, severance pay shall not be allowed. ARTICLE XX HEALTH /HOSPITALIZATION INSURANCE r 20.1 The EMPLOYER will contribute up to a maximum of ninety -five i dollars ($95.00) per month, per employee, for the calendar year 1981, and up to a maximum of one hundred five dollars l ($105.00) per month, per employee, for calendar year 1982 for general health, life, long -term disability, including a dependent coverage. 20.2 If for 1982 the unit employees vote to use ten dollars 1 ($10.00) of the one hundred five dollars ($105.00) per , month, per employee, of health and life insurance for dental insurance for all unit employees, then such ten dollars ($10.00) can be used to bid out a dental insurance program, provided that the bidding process would be in compliance with State Law and that this would not otherwise be precluded by .State Law.- . i i a j 12 ARTICLE XXI WAGE RATES WAGE RATES - 1981 RATE SALARY Starting Rate Sgt. A $1964 per month After 6 months continuous employment Sgt. B $2064 per month After 12 months continuous employment Sgt. C $2168 per month After 18 months: continuous employment Sgt. D $2222 per month After 24 months continuous employment Sgt. E $2278 per month After 30 months continuous employment Sgt. F $2335 per month WAGE RATES - 1982 RATE SALARY Starting Rate Sgt. A $2160 per month After 6 months continuous employment Sgt. B $2270 per month After 12 months continuous employment Sgt. C $2385 per month After 18 months continuous employment Sgt.' $2444 per month After 24 months continuous employment Sgt. E $2506 per month After 30 months continuous employment Sgt. F $2569 per month i ARTICLE XXII DURATION This AGREEMENT shall be effective as of 'January 1, 1981, except as herein noted, and shall remain in full force and effect until the thirty -first day of December, 1982. In witness whereof, the parties hereto have executed this AGREEMENT on this ��/_ day of 1981. I FOR THE CITY OF BROOKLYN CENTER FOR 'L.E.L.S. LOC NO. 89 1 M & C No . 82 -1 January 8, 1982 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN 'CENTER Subject: 1981 -1982 Police Sergeants Contract To the Honorable Mayor and-City Council: We recently reached an agreement just prior to scheduled arbitration of the 1981 -.1982 police sergeants contract. The lengthy negotiations, which occurred through 1981, were difficult mainly because it was a first contract and in addition to compensation and fringe benefit issues, many language issues were involved. The contract language is virtually identical to the police officer contract in those areas where it is applicable. Both parties finally agreed it would make the administration and understanding of the contract on both our parts much easier if that were the case. Compensation provided for in the contract places us "in the ball park" with other police sergeants in other communities. My recommendation is for your favorable consideration and approval of this contract as it does represent a` negotiated settlement which probably neither party is completely happy with. It is the product of long negotiation with both parties trying to avoid arbitration unless absolutely necessary. Re , c y submi ed, G r�l G. S inter City Mana e ' CITY OF BROOKLYN CENTER CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of January, 1982 at 7:30 p.m. at the City Hall 6301 Shingle Creek Parkway, to consider amendments to the Zoning Ordinance relating to Flood Plain Ordinance regulations. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE . CITY ORDINANCES INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -111 of the City Ordinances is hereby amended in the following manner: Section 35 -111 NONCONFORMING USES Unless specifically provided otherwise herein, the lawful use of any land or building existing at the time of .adoption of this ordinance may be continued even if such use does not conform to the regulations of this ordinance, provided: I. No such nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance. 2. Such nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this ordinance. • 3, A nonconforming use of a building existing at the time of adoption of this ordinance may be extended throughout the building provided no structural alterations except those required by ordinance, law, or other regulation are made therein, and provided that no such extension in the floodway overlay zone shall result in increased flood damage potential. Excepted from the structural alteration limitation are single family dwellings, located in residential districts other than R1 or R2, provided any structural alterations or additions shall conform with the requirements of the R1 or R2 district, and the Flood Plain regulations as applicable. 4. If a nonconforming use occupies a building and ceases for a continuous period of two years, any subsequent use of said building shall be in conformity to the use regulation specified - by this ordinance for the district in which such building is located. 5. Any nonconforming use shall not be continued following [60 %] 50% destruction of the building in which it was conducted by flood fire, wind, earthquake, or explosion, according to the estimate of the Building Inspector, approved by the City Council. ,t ORDINANCE NO. 6. Upon the effective date of this ordinance, where there is a non- conforming use of land on a parcel with no structure or where there is a nonconforming use of land (such as storage of equip- ment and supplies), on which there is a conforming structure such use shall be terminated within two years. following the effective date of this ordinance. U. The foregoing nonconforming use provisions notwithstanding, the the manufacture of chemical fertilizer within the I -2 zoning district, and upon the site of the Howe, Inc. fertilizer plant located at 4821 Xerxes Avenue North and legally described on Exhibit A attached hereto and made a part hereof by reference, shall be abated and discontinued on or before November 5, 1982 provided, however, that any such manufacture of chemical fertilizers which constitutes a nuisance under the Common Law, under Minnesota Statutes 561.01, or under Section 19.101 of Brooklyn Center Ordinances shall be immediately abated and discontinued.] Section 2. Section 35 -900 of the City ordinances shall be amended by the addition of the following: E ualyD of Encroachment - A method of determining the location of floodway boundaries so that flood plain lands on both sides o a stream a re capable of conveying a proportionate share of flood lows. Flood A temporary increase in the flow or stage of a stream or in the stage of a lake that results in the inundation of normally dry areas. Flood Fr - The average frequency, statistically determined, for W hich it is expected that a specific flood stage or discharge may be e qualled or exceeded Flood Fringe - That portion of the flood plain outside of the floodway. Flood fringe is s non mous with the term "f oodwafrin d used sett .lie Flood nsurance Study for the City of Brooklyn Center. F lood Plain - The areas adjoining a watercourse which have been or here- after may be covered by the regiona flood. Flood- P - A combination of structural provisions, changes, or adjustments to properties and structures subject to floodin rimaril or the reduction or elimination of ood damages. Floodway The channel of the watercourse and t hose portions of the adjoining flood plain whic are reasonably required to carry and dis- charge the regional -flood. Obstruction Any 'dam, "wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel modification, culvert, building, wire, encce stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood pain which may impe e, retar or :c an the direction of flow of water, eit er in itself or by catching or collecting debris carried by such w ORDINANCE NO. Reach - A hydraulic engineering term used to describe a longitudina segment of a stream or river influenced by a natu or man -made obstruction. In an urban area, the se men a stream or river be two consecutive bridge crossings would most typically constitute a reach. Regional Flood - A flood which is representative o large floods known to have occurred generally in Minnesota a nd r easonably characteristic of wh at can be expected to occur on an ave fre quency in the magnitude of the 100 -year recurrent inte Regional flood is synonymous with the term "base flood" used in the Flood Insuranc Study. Structure Anythin constructed or er ected on the ground or attached to the ground, including, but not limited to, buildings, factories she s, detached garages, cabins, mobile homes, and other similar items. Section 3. Section 35 -1040 of the City Ordinances is hereby amended in the following manner: Section 35 -1040. PENALTIES. [Whoever does any act or omits to do any act which constitutes a breach of any section of this Chapter shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed three hundred ($300 )and by imprisonment not to exceed ninety (90) days.] Violation of the provi si ors of this Ordinance or failure to comply with any of its requirements ( in tludin .violations ofconditions and safeguards established in connectio with rant of Variances or Special Use Permits )shall constitute - a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof by lawful authority, be fined not more than five hundred dollars 500 or imprisoned for not more tha 90 days, o both, and i n_ a ddition, shall pay all costs and expenses of pros ecution. -Each day _sud_ltis lat Qn continues shall be considered a separate offense. Nothing herein contained shall prevent City of Brooklyn Center from taking such other lawful action as is necessary to prevent or remedy any violation. No provision of this Chapter designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in 'this section for failure to perform such duty, unless the in- tention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 4. Chapter 35 of the City Ordinances is hereby amended by the addition of the following: Section 35 -2000. OVERLAY DISTRICTS. In addition to the land use districts listed i Section 35 -300 of thi Ordinance, the following Overlay Districts are hereby estab lished: 1. Flood Plain District 2. Critical Area District 3. Historical Preservation District ORDINANCE NO. Any lan wh ich is_classi_fied__by _thi�s_4r_di_aartce-a�_b within �n o_y_e_r- lay district shall be subject to the reguiat�a averni land use activities within such a district in addition to th us regulat est fn Sections 35 -300 through 35 -331 of this Ordinance, and to any other regulations as applicable Section 35 -2100. FLOOD PLAIN MANAGEMENT r Section 35 -2110 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1. Statutory Authorization The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter an apter Iflegate t e responsibil to l ocal governmental uni s o a opt regu ations designed to minimize flood losses ere ore, the City Uouncil OT t e 1 rookl yn Center, - M in neso a does ordain as follows: 2. Findings of Fact a . The flood hazard areas of the City of Brooklyn Center, Minnesota, are subject o perio is nun anon w 1c resu is in potentia loss o life, loss o property, eat an sa ety azar s, �s - ruption of commerce an governmental services, extraordinary public expenditures or oo protection and I �e an impair- men of e tax base, all of which a aversely affect the public h ea l th, sa ety, and general welfare. b. Methods of Use to Analyze Flood Hazards. This ordinance is 6 ased upon a reasona a me 6 o ana yzing oo azar s w ich is consistent with the Stan ar s esta 1s e y Tel nnesota epar ment of atura esources 3. Statement of Purpose It is the purpose of this ordinance to promote the public health, sa e y, and general an to minimize t os escrr ed in Section 35-2110:2a y provisions conta7ne erein. Section 35 -2120. GENERAL PROVISIONS 1. Lands to Which Ordinance Applies This ordinance shall apply to all lands within the jurisdiction of e City of roo yn Center s own on th oning ap as ein l ocated within t e oun arees o t e oo way, oo Fring e, or G eneral istricts. 2. Establishment of Official Zoning Map The Official- Zoning Map together with all materials attached thereto 1s h y reference an dec aced to be a part o f this or` c�Tinance. e attic e materia s a inc u e't the Flood Insurance S tudy for the City of Brook Center prepared by the Federal nsurance Administration dated A ugust 11, 1931, and the Flood s Boun ary and F ood Maps and Flood Insurance Rate Maps therein. Th e Official Zoning Map sha a on le in the Office of the City anager an the inning Department. ORDINANCE NO, 3. Regulatory Flood Protection Elevation The Regulatory Flood Protection Elevation sha be an elevation no • lower than one foot above the elevati of the regional flood pl us Any increases in flo elevation caused by encroachments on the flood Plain that result from designation of a floodway. 4. a. In their -interpretation and application, the - provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. b. The boundaries of the zoni dist shall be determined by scaling distances on the Official Zo ning Map. Where interpreta tion is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for exampl where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary interpretation based on elevations on the regional (100 -yeas ) flood profile and other available technical data. Persons contesting the location of the d istrict boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence, 5. Abro gation and Greater Restrictions I I t It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants,.or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shat -1 prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. - 6_• Warning and Disclaimer of Liability This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Brooklyn Center.or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Section 35 -2130. ESTABLISHMENT OF ZONING DISTRICTS The flood plain areas within the jurisdiction of this ordinance are hereby divided into two Districts: F oodway District (FW) and Flood Fringe District FF 1 Fl oodway District (FW) k, The Floodway District shall include those areas designated as c; floodway in the Flood Insurance Study. ORDINANCE NO. 2. Flood Fringe District (FF) The Fl Fringe Distri shall include those areas designated as fl� o way fringe in the Flood Insurance Study. The boundaries of these districts shall be shown on the Official Zoning Map for the City of 6rooklyn Center. Within these districts all uses not allowed as Permitted Uses or permissible as Special Uses shall be prohibited. Section 35 -2140. FLOODWAY DISTRICT (FW 1. Permitted Uses The following uses have a -low flood damage potential and do no obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Industrial- Commercial uses such as loading areas, parking areas, and airport landing strips. c . Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails d. Residential uses such as lawns, gardens, parking areas, and play areas. 2. Special Uses f E The followin o en space uses require accessory structures (temporary or permanent ), or fill or storage of material or equipment. These uses may be permitted in the floodway district only after the issuance of a Special Use Permit as provided in Section 35 -2184 of this ordi- nance. These uses are also subject to the provisions of Section 35- 2140:3 which applies to all floodway Special Uses. a Structures: accessory to open space uses b. Placement of fill. c. Extraction of sand, gravel, and other materials. d. Marinas boat rentals, docks, piers, wharves and water control • structures. e. Railroads, streets bridges, utility transmission lines and — � 9 � y � I pipelines. i QRDINANCE NO. f. Storage yards for equipment, machinery, or materials. Other uses similar in nature t uses desc in Sections 35- 2140:1 and 2 which are consistent with the provisions set - out in Sections 35- 2110:3 and 35 -2140 of this Ordinance. 3. Standard's for Floodway Special Uses a. All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Special Use which, actipq alone or in combination with existing or reason a anticipated future uses adversely affects ct the e ca acit Y_ capacity of the floodway or increases flood heights. In addition, all flood Special Uses shall be s ubject to the standards contane in Section 35- 2184.4 and the following standards subsections b through b. Fill L) A_n fill deposited in the flood s be not more than th minimum a mount necessa to conduct a Special Use listed in Section 35- 2140:12. Generally, fill shall be limited to that ne to grade or landscape for that use and shall not in a ny wa obstruct the flow of flood waters. Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be one in accordance with 1 of this Section. ' (3) Fill shall be protected from erosion by vegetative cover. c. Accessory _S tructures (temporary or permanent) permitted as Special Uses by Section 35- 2140:2a. A ccessory structures shall not be designed for human habitation. Accesso structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, So far as practicable, structures shall be placed approximately on the same flood flow lines as those o adjoining structures. (3) Accessory structures shall be flood- proofed in accordance with the Minnesota State Building Code ORDINANCE NO. - d.. Storage of Materials and Equipment T he storage or processing of materials that are, in time of flooding, flammable explosive, or potentially injuriou to human, animal, or plant life is prohibited. 2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. e. Structural Works for Flood Control. Levees, dikes, and flood - walls shall not be constructed within the limits of the Floodway District. Other structural works for flood control such as dams and channel enlargements that will change the course, current, or cross - section of a public water shall be subject to the,p visions of Minnesota Statutes Chapter 105. S ection 35 -2150. FLOOD FRINGE DISTRICT (FF) 1. Permitted Uses The following uses shall be permitted uses within the Flood Fring b any District to the extent that they are not prohibi bi t od _ Y Y ordinances a. Any use permitted in Section 35- 2140:1 b. Accessory structures provided they comply with the provision of Section 35- 2140:3c of this ordinance. c. Re sidences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the Regulatory Flood Protection Ele The finished fill elevation shall be no lower than one ( l ) foo below the Regulatory Flood Elevation and shall extend a suc elevation at least fifteen 15 feet beyond the limi o f any structure or building thereon. Fill shall be comp and the slopes shalI be protected by riprap or vegetative c Residences constructed on fill shall be subject to the vehicular access requirements in Section 35- 2150:3a. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributar to th main stream, or of any drainage ditch, or any other drainage facility or system. 21 Special Uses Other uses are permitted only upon application t the Zoning Official and the issuance of a Special Use Permit as pr in Section 35 -2184 of this ordinance and subject to the following provisions: a. Re sidences. Where existing streets, utiliti and small lot size preclude the use of fill`, other methods o elevating the first floor (including basenrents ) above the Regu latory Flood Protection Elevation may be authorized, pro that the residence is flood- proofed in accordance with the Minnesota State Building Code. ORDINANCE NO. b. Non - Residenti Structures. Commercial, ma and industrial s sh all or b elevated on fill so 4 that their first floor (including basement) i abov the Regulatory Flood P rotection Elevation but ma circumstance be floo d-proof ed i accordance wi th the Minnesota State Building Code. Structures that are no e levated to above t he Regulatory Flood Protection Elevation shall be flood - proofed to FP -2 or FP -2 classification as defined by the Mi nnesota State Building Code. Structures flood - proofed to FP -3 or FP -4 class - ification shall not be permitted. i 3. Standards for Flood fringe Uses a. Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two feet below t he Regu la'tory Flood Protection Elevation shall not b e permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board of Ad shall specif limitations on the period of use or occupancy of the residence. #; b. Commercial Uses. Accessory land uses, su as yard railroad " tracks, and parking lots may be at elevations lower than the Re gulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employee _ or -t general public shall not be granted in the absence of a flood warning s stem that provides adequate time for evacu if the area j would inundate to a depth greater than two fe et or be subject to flood velocities greater than four feet per second upon f occurrence of the regional flood. I c. Manufacturing and Industrial Use Measures shall be taken to minimize interferences with normal plant operations especi ` along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Subsection b of this section. In considering permit applications, due consideration shall be given to needs of an industry whose busi ness requires that it be located in flood plain areas. k Section 35 -2160. SUBDIVISIONS No land shall be subdivided which is held unsuitable by the Brooklyn I Center City Council for reason of flooding, inadequate drainage, water supp y or sewage treatment facilities. All lots within the flood plain istricts shall contain a building site at or above the Regulatory Floo Protection Elevation. All subdivisions shall have w ater and sewage disposal facilities that comply with the provisions of this ordinance an have road access both to the subdivision and to the ind ua € wilding sites no lower than two feet below the Regula Flood Protection Elevation. i Section 35- 21 70. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 1. Public Utilities All public utilities and facilities such as gas, electrical, sewer, and water supply syst to be located in th �fT p a�n ;hall e }: flood-proofed in acc with the _State_,Building Cod or e t ove tT -lle �uT a�ory FTaa Protec ®n Elevation. ORDINANCE NO. 2. Public Transportation Facilities Railroad tra roads and bridges to be locate within the Floodway District shall comply wi th Sections 35- 2140:3a and b of this ordi - n ance. Elevation to t he Reaulato Flood Protection Elevation shall be p where fail or interruption of thes transportation faci mould result in danger to the public health or safety or w here such f are essen t o t he ord functioning of the area. Min or auxi 1iar�roads_or ra may be constructed at a lower elevation whe failure or in of transportation services would not endanger the � public health or safety. Section 35 -2180. ADMINISTRATION The procedure for obtaining zon ing approval for permitted and special u ses in flood plain areas sh be a contained in Section 35-2181 through 35 -2184. Section 35 -2181. ZONING OFFICIAL The Zoning Official as defined in Section 35 -900 shall administer and enforce this ordinance. If he /she finds a vio of the provisions of this ordinance he /she shall notify t he pe rso n res o nsible for such violation, indicating the nature of the vio and ordering the action necessary to correct it. Section 35- 2182. USE PERMIT 1 Use Permi Required A Use Permit issued by the Zoning Official in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alter of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land: prio to the change or extension of - anon-conforming use; and prior to t he pl acement of fill or ex- cavation of materials within the flood pl ain. 2. Application for Use Permit. Appli for a Us Permit shall be _._ made in duplicate to the Zoning Offi on forms furnished by him her and shall inc the following w applica plans in ' d uplicate drawn to scale, showing t nature, location, dimensions; a nd elevations of the lot; existing or p structures, fill, o r storage of materials; and the loca of the foregoing in relation to the stream channel. ` 3. State and Federal Permits. Prior to grantin a Use Permit or processing an application for a Special U se Permit or Variance, Zoning Official shall determine that th ap plicant has obtained all necessary State and Federal Permits. 4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall e unlawful to use, occupy, or permit the use or occupancy of any building or premise, or par ther eof, hereafter create T, erected, changed, converted, altered or enlarged in its use or structure until a Certificate of Zoni Co mpliance shall have a been issued b y the Zoning Official sta that the use of the f duilding or land conforms tote requiremen of this ordinance. ORDINANCE NO. _.: 5. Construction and Use to be provided in Ap plications, Plans, Permits, and Certificate of Zo Use Permits, Specia se Permits, or Certificates of Zoni Co issu on the ba is of approved plans and ap plications aut only tie use, arrangem and construction set forth in such approved plans and app ications, and no other use, arrangement, or constructi Any use, arrange- ment, or construction at variance with that authorized shall be deemed a violation of this ordinance, and puni shable as provided by Section 35 -1040 of this ordinance. The appl shall be require to submit certification by a registered pro fessional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were acco i complia with The provisions of this ordinance. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. 6. Record of First Floor Elevation. The Zoning Official shall maintain a record of the elevation of the first floor including basement of all new structures or additions to existing structures in the flood a�n districts. He /she shall also maintain a record of the elevations to which structures or additions to structures are flood- proofed. E Section 35 -2183. BOARD OF ADJUSTMENTS A Board of Adjustments is hereby established: 1. The Brooklyn Center City Planning Commission shall serve as the T Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustment and Appeals, the City's Planning Commission's recommendations shall be advisory to the City Council. 2. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State Law 3. Adminstrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this ordinan 4. Variances and Appeals. The Brooklyn Center Planning Commission, acting as the Board of Adjustments and Appeals, shat ear appl - cations Tor - variances adjustments in accordance w Section of the City ordinances and appeals in ac cor d ance w i w i.thySection 33=0 of the City ordinances. t The Commissioner of Natural Resources shall be not ified at le ast 10 days prior to a publi s Baring e d to review such matters and al so a notified wat in ays a ter a ecision i rend ered No variance shat b e grante w ich would have "t ef fec t of allowing in any district uses prohibited in that distr ct, permit a lowe egree of flood protection than the Regu atory FIobd Protection evation for the particular area, or permi _s tand a rds o�than • those required by State law. - x Section 35 -2184. SPECIAL U SES The Brooklyn Center City Planning Commission shall h and decide appli- cati for Special Us es permissible und this ordi Applications sha be submitted to the Zonin Offici who sha forwa the appli- • ceti the City Plannin( Commis fo consid The City Planning Commission will make a recommendation to the City Council whic well render the final decision on matter.' 1. Hearings. Upon accepting an application fo Special Use Permit, the Zone ng Official shall submit by'mai l to ahe Commissioner of Natural Resources a copy of the application for pr oposed Special Uses sufficiently in advance so that the Commi of Natural Resources will recerve at least ten days notice of the hearings. 2. Decisions. The Brooklyn Center City Council s arrive at a decision on a Special Use within 60 days of the City Planni Commission hearing. In granting a Special Use Permit, the City Plan - nzng Commission may prescribe appropriate conditions and safeguards, in addition to those specified in Section 35- 2184.6, wh are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Special Use Permit is ranted, shall be deemed a violation of this ordinance punishable under Section 35 -1040. A copy of all decisions granting Special Use Permits shall be forwarded by mail To the Commissioner of Natural Resources within 10 days of such action 3. Procedures to be followed by the City Plan Commission and City Council in Passing on Special Use Permit Appli Within the .. Flood Plain Districts a. Require the applicant to furnish such of th f ollowing inform ation and additional information as deemed necessary by the Ci ty Planning Commission and City Council for determining the suitability of the particular site for the proposed use 1. Plans in triplicate drawn to scale showing the nature, locati dimensions, and elevation of the lot, existing or proposed structures, fill, storage o f materials, flood- proofing measures, and the rela of the above to the location of the stream channel' 2. Specifications for building constructi and materials, flood- proof� fillinq, dredging, grading, Channel Improvement, storage of materials, water supply and sanitary facilities. b. Transmit o ne coDly of the information descri in subsection 1 to a designated engineer or o ther expert person or agency_ for technical assistance, where necessary, in evaluating the proposed project in relation to flood he and velocities, s the seriousness of flood damage to th use,_ the adequacy of the plans for protection, and other technica matters. c. Based upon the t evaluation of t he d hated engineer or expert, the Ci Planni Commission shall recommend and the City Council shall determine the specific flood hazard at URD1 NU. the site and evalua the suitability of _t_he propo use in relation to th flood hazard. 4. Factors Up Which the Decision of the Ci Commission and City Council Sh all b e Based. In pass up on .Special ' U se i applications, the City Plan ni_U . Co mmissi o n sh consider all relevant factors specified in other sections of this ordinance, and a The danger to life and property due to inc reased flood heights or velocities caused by encro b. The danger that materials may be swept o nto other lands or downstream to the injury of others. c. The proposed water supply and sanitati s ystems and the i ability of these systems to prevent disease, contamination and unsanitary conditions d The susceptibility of the proposed faci and i ts con- tents to flood damage and the effect of suc damage on The individual owner. e. The importance of the services provided by the proposed facility to the c ommunity. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h The compatibility of the proposed use with existing devel- opment and development anticipated in the foreseeable future. i The relationship of the prop use to the Comprehensive Plan and Flood Plain Management Progr for the area. j. The safety of access to th property in ti of flood for ordinary and emergency vehicles. kk.. The expected heights, velocity, durat rate of rise, and s ediment transport of the flood waters expected at the site. 1. Such other factors which are relevant t o the purposes of this ordinance. 5. Time for Acting on Application. The City Planning C ommission all act on an appl ication in the mann described above within 30 days from receiving the application, . exce pt where additional information is required pursuant to Section 3 5- 2184.3 of this ordinance The City Council shall render a wri tten decision within 60 days from the receipt of the City Planning Commis - sion "s recommendation. 6. Conditions Attached to Special Use Permits. Upon consideration • t'ie factors listed a bove an d the purpose of this ordinance, the City Planning Commission an i y ounciTmay a tac�h such condit to the granting of pecia se fermi as it deems ORDINANCE NO. necess to fulf the purposes of this 'ordinanc Such conditions may include, but are not limited to, the foll - o w ing: a. Modification of waste disposal and water s facilities. b. Limitations on period of use, - occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, dikes levees, and other protective measures. e. Flood- proofing measures, in accordance with the Minnesota S tate Building Code. The applicant shall sub a plan or document certified by a registered profess engineer or architect that the flood- proofing measures a consistent wit the Regulatory Flood Protection Elevation and associated flood factors for the particular area. Section 35- 2190. AMENDMENTS The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can b sh own that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contig to lands ou the flood plain Special exceptions to this rule may be permitted b the Commissioner of Natural Resources if he /she determines that, t hrough other measures, la nds are adequately protected for the in tended use. Al l amen dments to the. F1 o:od: P l a n M anagem ent re _ul ati ons i ncl udi.n;g . amendments ' to hp Offici Zoning 11ap must be subr +pitted to and approved by the Commissioner. of Natural Resources .lario.r to a doptio n. C hanges i n the : Official Zoning Map also require_prior. approva by``the Federal Insurance Administration. Section 5. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER ' S b Notice is hereby given that a public hearing will be held on the 8th day of February - , 1982 at 8:00 p.m. at the City Hall, 6301 g Shin le Creek Parkway, to consider an amendment to the Zoning Ordinance regarding Home Occupations. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING THE PROVISIONS t FOR HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN k AS FOLLOWS: Section 1. The following provisions of S34 -110 and S35 -900 of the City Ordinances are hereby repealed. Home Occupation - [Any gainful occupation or profession, engaged in by the occupant of a dwelling unit within said dwelling, which is clearly incidental and secondary to the residential use of the premises, provided, such activity does not produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures and further provided that said activity does not involve any of the following: repair, service or manufacturing which requires equip- ment other than that customarily found in a home; over- the - counter sale of merchandise produced off the premises; or the employment of persons on the premises, other than those customarily residing on the premises. Examples include: dressmaking; secretarial services; professional offices; answering service; individual music or art instruction; individual hobby craft; child day care (defined as the care of not more than five'(5) nonresident children and provided the facility and operation are properly licensed by the County, and provided a record of said license is on file with the City); and the like. Home Occupation, Special - [Any gainful occupation or profession, approved by special use permission, engaged in by the occupant of a dwelling unit within said dwelling or involving not more than one accessory use permitted by Section 35 -310 or Section 35 -311, and which involves any of the following: - stock -in -trade incidental to the performance of the service; repair, service, or manufacturing which requires equipment other than that custo- marily found in a home; the employment on the premises, at any one time, of not more than one person who is a nonresident of the premises; the teaching of more than one (1) but not more than four (4) nonresident students at any given time; or the need for not more than two (2) parking spaces in addition to spaces required for the persons residing on the premises; and provided the activity: is clearly incidental and secondary to the residential use of the premises, including the dwelling, and permitted - accessory buildings or installations thereon; does not pro - duce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not consist of over - the - counter sales of merchandise,produced off the premises. Examples include': barber and beauty services, shoe repair, photography studio, group lessons, saw sharpening, motor- driven appliance and small 'engine repair, and the like.] Section 2 S34 -110 and S35 -900 of the City Ordinances are amended by addition of the following: Home Occupation Subject to the further limitations of §35 -405 of the Zoning O rdinance, a Home Occupation is any gainful occupation or profession, carried on within a Dwelling Unit, by a family member residing within a Dwelling Unit, which is clearly inci dental and secondary to the residential use of the Dwelling Unit and the Lot upon which it is con-_ structed, including, without limitation, dressmaking, secre- tarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation, Special Subject to the further limitations of §35 -406 hereof, and subject to approval by the City Council, a - special home o ccupation is any gainful occupation or profession carried on within a Dwelling Unit or any permitted accessory buildings or installations on a Lot, by a family member re_- siding within the Dwelling Unit, which is clearly incidenta and secondary to the residential use of the Dwelling Unit, the accessor structures, and the Lot upon which it is constructed, including, without limitation, barber and beauty services, repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. F Section 3.. Chapter 35 of the Brooklyn Center Zoning Ordinance, is amended by the addition of the following: E §35 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: j 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond 4 the boundaries of the Lot; 3 2. No home occupation shall involve the use of any accessory structures or installations: 3. No home occupation shall involve the use of equipment other than that customarily found in a residential Dwelling Unit; 4. No home occupation shall involve the retail sale of merchandise produced off the Lot; 5. No home occupation shall involve the employment_ on the Lot of persons who are not members of the family residing on the Lot; 6. No home occu providing day care shall serve more than ten (10) c hildren who are not members of the family occupying the Dwelling Unit; and such day care home occupation shall be licensed by Hennepin Count 7 and a copy of the said license shall e ept on file with the City Clerk; 7. No home occupation shall cause traffic congestion on the Lot containing the home occupation or on the streets adjacent thereto; 8. No automobile parking related to the home occupation shall be permitted on the street. S35 --406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS 1. All special home occupations shall re uire approval of a special use permit pursuant to S35-220 of the Brooklyn Center Zoning Ordinance; 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under S35 -310 and S35 -311 of the Brooklyn Center Zoning Ordinance 3. A special home occupation may use equipment not customarily found in a residential Dwelling Unit; 4. No special home occupation shall employ, at and one • time, more than one person who is not a member of the family occupying the Dwelling Unit; 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the Dwelling Unit; 6. No special home occupation shall cause traffic congestion on the lot containing theecial home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the Special home occupation is not feasible without on street parking, the City Council ma autho ze parking on the street based upon a consideration of S35 -220.2 and of the following: (a) The amount of the applicant's` street frontage. (b) The rights of adjacent residents to park on the street. (c) Preservation of 'the residential character of the neighborhood 8. No special home occupation shall produce Tight, glare, noise, odor or vibration Reerceptible beyond the boundaries of the Lot; 9. No s ecial home occu ation shall include the retail sale of merchandise produced off the Lot. Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days 'following its legal publication. Adopted this day of , 1981. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) i G CITY OF BROOKLYN CENTER I ORDINANCE NO. AN ORDINANCE VACATING AN ALLEY LYING BETWEEN DUPONT AND EMERSON AVENUES NORTH BETWEEN 54TH AND 55TH AVENUES NORTH THE CITY COU14CIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: j Section 1: The alley bounded by the north right of way line of '54th [ Avenue North, the south right of way line of 55th Avenue North; and the west dine of Lots l through 15 and the east line of Lots 16 through 30, Block 1, N & E Perkins Addition, is hereby vacated as a public alley. Section 2: The City excepts from vacation of the aforementioned alley, and reserves to itself and its assigns, an easement for public utilities and drain - age purposes on, over, and under the easterly seven (7)_ feet of the above described property Section 3: This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 1982. a Mayor ATTEST: Clerk Published in the Official Newspaper Effective Date , i iii Now MENEM MEN 11 gill MEMO NONE MIMI MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: January 8, 1982 SUBJECT: Surplus Property I am recommending the following property be declared surplus by the City Council: Northwest Reporters Series 1 and 2 i i I L t 'g � 4 4 � - ...... .... . .... ... .. .,., ....vim _ ....s. t. ... y. league of minnesota cities INFORMATION BULLETIN: STATE -LOCAL FINANCIAL CRISIS (INFORMATION MEETINGS SCHEDULED) ** This bulletin is intended to provide brief answers to the most commonly asked questions relating to the current status of the state's financial problems. Since the issues are quite complex and time for legislative action is short, the League has also scheduled a series of special informational meetings around the state on the subject of the state fi nancial cr isis and will be sendin staff to appear at some previously scheduled events. Please read the enclosed notice and plan on attending one of the meetings. Mayors and the meetings, which are partly aimed at rs are especially encouraged to attend 9 councilo p � Y 9 in influencing improving the League's effectiveness 9 the Governor and Legislature. WILL MY CITY GET THE 1981 LOCAL GOVERNMENT AID (LGA) AND HOMESTEAD CREDITS THAT HAVE BEEN WITHHELD? WHEN? The Legislature did pass and the Governor signed H.F. 1, or "the Voss bill "* on New i hheld 1981 moneys wt i is in effect a guarantee b e state that the Y Year's Eve. This 9 Y th will be paid in full by February 26, 1982.(60 days after the close of the cities' fiscal year is the generally accepted deadline for being able to count the revenues for 1981 financial statements.) Each city should receive a certificate from the commissioner of finance soon after January 8th stating the exact amount that will be due on February 26th. However, in order for the state to "make good" on its guarantee by February 26th, the state's larger cash flow and deficit problems must be addressed by the end of January. This is because the state will probably need to increase its short term borrowing in order to have ade- quate funds available on February 26th, and it will take a minimum of four weeks lead time to actually borrow the funds. The deficit problem must also be solved by the end of January or the actual ability of the state to market its short term bonds would be highly questionable. It is now unclear what the Governor and Legislature will be able to agree on and when.' Therefore, despite the guarantee there is still a chance that the promised funds won't' be available at the time the State has promised to pay them. The League will keep cities informed on this issue as more facts become available. WILL MY CITY BE ABLE TO COUNT THE DELAYED PAYMENTS AS RECEIVABLES TO BALANCE THE 1981 CITY BUDGET? The best information we have been able to get from a variety of municipal auditing and *Rep. Gordon Voss, Chair of the House Local and Urban Affairs Committee, was chief author of the bill. ** ee enclosed meeting ngtceci saint caul,; minnesota 55101 C612) 222 -2661 �_3� .' i ial iuvi ii C? ti; i! 1i:�, i. C sd f' ( t. _ { r accounting experts is that the guarantee contained in the Voss bill is sufficient to allow cities to consider the withheld moneys as 1981 receivables. This is true even for cities that use cash basis accounting. The State Auditor's office agrees with this interpretation. WILL MY CITY BE ABLE TO BORROW IN ANTICIPATION OF DELAYED AIDS AND CREDITS. ? HOW? _ .. The Voss bill provides that cities can borrow in anticipation of the withheld funds by issuing certificates of indebtedness secured by the city's full faith and credit, any local tax levy proceeds other municipal funds, and /or the certificate of aids to be furnished by the commissioner of finance. Cities may sell the certificates at a discount. The 12% interest rate limit or any other statutory or charter interest limits are not applicable to these transactions. The League will provide more detailed infor- mation as soon as possible explaining how this would work. HOW MUCH WILL MY CITY'S 1982 LOCAL GOVERNMENT AID BE CUT? WHEN WILL WE KNOW FOR SURE? SHOULD MY CITY START TO CUT ITS 1982 BUDGET NOW? very city should now plan on a cut of at least 10% in what had originally been ex- pected for 1982 LGA and should immediately start taking necessary budget- cutting actions. The cuts could easily become more severe, however. If -the Legislature and Governor are not able to agree on a plan to raise any kind of state taxes, LGA cuts would have to be even greater than the 20.7% cut in 1982 aids originally proposed by the Governor. (This assumes that the time will have passed to be able to raise any money by increasing 1982 property taxes or cutting various property tax credits to taxpayers.) And as long as the Legislature fails to repeal the law which prevents the school aids from being cut (known as "S.F. 1 "), the proportionate amounts of cuts that would have to take place in LGA and other state programs would be huge. For example, if no tax bill is passed and S.F. 1 is not repealed, 1982 LGA would prob- ably have to be cut by at least 35 %. There would also probably have to be large cuts in homestead credit reimbursements due to cities in 1982. WHAT DO THE GOVERNOR AND LEGISLATURE NEED TO DO TO PROTECT THE INTEGRITY OF CITY FINANCES? IS THERE A DEADLINE FOR SUCH ACTION? The state should do the following no later than the end of January: 1. Pass a compromise budget bill that includes state tax increases, and does not cut local government aid by more than $25 million. (This would be a 9.3% cut in 1982 ,LGA. ) 2. -Increase the state's borrowing authority so that 1981 aids and credits can be paid as guaranteed. PF:cmb January 6 1982 i SPECIAL INFORMATION MEETINGS: STATE -LOCAL FINANCIAL CRISIS T ;ie League of Minnesota Cities has scheduled a series of special informational meetings to be held in locations across the state in order to better inform member cities of the current state situation and potential impacts on city financing. Elected officials in particular are urged to attend. For more information contact Peggy Flicker or Ann Higgins at the League. DATE LOCATION TIME Wednesday, Jan. 13 Redwood County Courthouse 7 - 9 p.m. Redwood Falls Thursday, Jana 14 City Council Chambers 7 - 9 p.m. Rochester Tuesday, Jan. 19 City Council Chambers 7­ 9.p.m. City Administration Bldg. { 1025 Roosevelt Avenue Detroit Lakes (across from Red Owl Store) I Wednesday, Jan. 20 Monticello Jr. High 7 - 9 p.m. 900 E. Broadway Monticello 0 eague staff will also be present at several other previously scheduled meetings: Wednesday, Jan. 13 Range League Meeting 6:30 p.m. Valentine's Chisholm Friday, Jan. 15 Region 1 Clerks and Finance Officers Meeting 10;00 a.m. City Hall (3rd floor conference room) (LMC presentation: Moorhead 10:30 a.m.- 12Noon) TOPICS TO BE COVERED 1. What is the difference between the state cash flow and deficit problems? What do each mean for 1982 city budgets? 2. What has been happening to local government aid funding in the past few years? Why have cities' share of state - collected revenues steadily decreased? What do decreases in LGA mean for cities in 1982? 3. What is the League position concerning solutions to the current state problems? 4 What are the politics of the situation? What are the differences among the positions of the Govenor and the various legislative caucuses? q What do the differences mean for cities? 5. What about mandates and levy limits ?` Will the state provide relief in those areas? .ara 6/82 z r ,. F ocus 1982 fr . .IdhUd � i Ed Page LL . F BERNARD H. RIDDE R IS &1.1975 BF;RNARQ H. RIDDE R ,JR., Chairman,' . THt3h1AS L. CARLIN Publisher t JOHN R. FINNEGAN Executive Editor tin +1 '� _ D. 1. Asst. 0 Executive Editor �L DAVID HA M g t� Edit 1 or ` ` i LL _ lane ., y� �� , . RONALD D. CLARK,Edaorial Page F(litnr 4, It 0i Mien auditors figure it out, you can add once envied position among states is more i:l -- the cost of four weeks of a legislative special volved and must become a focus of official atten- session to Minnesota's financial problems, for tion once the immediate crisis is passed. A $689 = � that is t: e orily major bill produced in the Capitol million deficit is a • lot of money, but that during, the month -long session. amounts to less than 10 percent of the total state It was a December `,tasted in partisan acrimo- budget. As former Gov. Elmer L, Andersen joint- ny, game playing and blame setting among five ed out in a recent editorial in his Princeton Union farces that could not net together to save the Eagle, business budgets have been thrown fur- sta e. Remember this: There is blame enough for ther out of balance by the recession without sink - all to share --.the Independent-Republican" gov- ing the enterprises. , err or, the DFL. majorities and the I -R rainorities - Financial difficulties demand some cuttia of „ Hou i • j • :+<at«. a nd r state -programs, but these must be honest cuts,_. Only the least perceptive among them - the not shifts in responsibility from Statehouse to cit- r Jost dense if you will — can possibly believe . ies and county seats. The state must meet its pre - 1`077 14 I they came out of the special session looking good, vious obligations to cities, counties and school They all look bad: the curve - throwing governor, districts and make any future downward adjust- legislative party leaders and their followers, ments in a predictable and timely manner so 1innesota's finances are in chaos: it cannot pay: they can be dealt with on the local level. - L its bills; It doesn't know its own income; its co+m The governor's insistence that income tax in- . ties, cilles-and school districts cannot budget dexing remain in place is defensible; his later,', properly because of troubles in the Capitols. , insistence that there be no increase in income �7•?��L�r I li r,esotans know when they're being conned taxes as such is ridiculous. Indexing prevents the � a and whan they've been had They were conned state from taking a free ride on inflation, _if take; t;IrOug' Out much of 1931 and now they have been must be increased they should' be increased, The f ha We believe the majority of people in this DFI.'s historic drive to take the tax burden off state were quite ready to take even pretty strong local property was needed and good. The reces- medic ne, in the form of program cuts and equi Sion and the loss of state and federal aids are tir table tax increases, to get out of the mess Minn e- going to have a tremendous impact on local tai- �y ` 1Q1 sota is ir. es; it would be evil and cowardly of the state to Execu:av : t Our state government could not deliver. add to that burden merely to avoid a more visible_. ,f increase in income taxes. fiahen New Year's Eve in the Capitol lacked only fun- School ny hats and. horns to complete a scene of year - The state has other revenue- producing devices Rosemou, end pandemonium. Senators for hours seemed on and should continue to look at them, too. These hono the verge of producing and passing a budget bill include the sales tax, which at least in its present state that could generate both enough money to run ' form here is somewhat related. to ability to pay. s chi.n;� the state and a governor's signature In the end, :, The political trouble with all such is that legisla- cen t .l3 compromise collapsed amid ct anger of bad faith . - tors must "vote to increase them and a governor pecteci from both sides. House members, unhappy over„ must sign the resulting bill. _ • - E Politics should not be the rime concern. Un -�`l l the whole thing, called, iri effect, er for furth ne P s art € gotiations :; .: _� fortunately, it has be The third s 'al le ' la- . Tem rs. - tive session of 1.981 (a one -year record) has ended . Pr .$) - j pe grew short as the session neared its just as it be The politicians left tired frus- rl` s�: adjournment, tYedotiators were accused by fel- . words s:t tow art members trated and discouraged. The rest of Minnesota is party of sellin„ out to the opposi- tired, frustrated and d seoura ed too. - for W 1 tion; polite phrases covered sharp attacks in Sen- There'll be a new House - Senate Conference =l` dic' ' ate and House debates; corridor discussions "were Committee working - presumably with Gov. Al pest ; more earthy and to the point, as in one legislator Quie's people — between now and the reconven- penecl teltinf another: "Someday you people are going in; of the special session Jan: 1L Can they put i� soh to wake up and reali :e this state is in serious aside artisan concerns in this election year long tropJ:y i =: tr its going right down the --- tubes." p y cove:'a�,'-• enough to deal with the budget problem, and with No one has pulled the •plug yet. All it would the peopla 'nf Minresnta, in a fair and rational - School , +k ta! <e to. Me immediate financial problem is : mender? Cre is tei;mptLd to say, They'd b...tt r." ;.Il t: r - n g and coura_e in tht. Caait, I Vo Nrs' , � they , + t - merlcrie :�. :nay b:: snort, but Sur <<y �•� ,a t; state i»ek on a lonw cunne toward its can span 11 months. t .,. iacr , s "wol . , '? „ ice ,.,, r , .,...�,,.,.,. , a.•., x- ..,,,., . ,.. , -. My .an i. ,s•y q ^w.N.M*: � +r.. ., ... ,,.� _ �.�,:.:. M..:y<.,r«vl.,..w.,.•M.: ...., � . ...� . ..... .,. .+. u ... . { When t • 4l� :1 St �:� r `'tW' .�.`i�� •3; w ..t 2k� G .1 � rf � :.� ' �7F! r Establisher] 1867 Charles V. Bailey Editor Wallace Allan Associate Editor ,. t' Frank Wright Managir.g Editor Leonard inskip Editorial Editor , bona::] R. Dwight Publisher t_.._ .6A A Tuesday, January 5, 1982 '{ M e°" -CIOM, Ulorolrjllsla that %Pjasn 5 71 , lie collaosa f efforts last w eek to balance the serve praise, as do their caucuses. Ashbach particu- stte budg .i: was "unfortunate Failure of the tenta- larly conducted himself as a statesman. The Senate t:ve plan worked out by the Senate DA and minority leader is not a young man, yet he pushed iiulep2ndent- Yi:pab;ican caucuses till co„ rplicfite himself through days of inten e, grueling wark..He the search for a solution to the state's $763 - million also endured, with- great dignity, an outrageous revenue shortage when the Leislature reconvenes barrage of public abuse by members of the House next weer. And it will make the eventual solution Independent - Republican caucus. The discourtesy navre painful for I%Tinnesota's taxpayers. With the shown" Ashbach at a House Independent- P.epubli paa:iag of 1981, some worthwhile budget options can meeting Thursday morning eras inexcusable' v ere lost. The House Independent- Republicans apparently No ane is- to blame for the failure to reach a were angry and hurt at being left out of the final ;x-mprornise, despite occasionally harsh words all push for a compromise they have only thorn- ..o:tr,�1. The two Senate caucuses simply tried to do selves and their ineffectual leadership to blame. tut ::Such in too little time. In the rush to reach a Indeed, if the DFL and Senate Independent- Repub- f erg- ral comorom-ise, too many details were left lican caucus had given up on the House Indepen -. ,Veen time carne to actually pass the Iegisla- dent - Republican leadership a day or two earlier, ti ^n. it heca. apparept that the two sides had perhaps the rough edges on the compromise could elfier it understandings of what they had agreed have been cleaned up in time to enact a bill before to. Toe differences proved too great for tired, the end of the year. dis;run. led legislators to overcome late on New � - Year'sI—E: =e, and the compromise was stillborn. ' As it was, the DFL and Senate Independent - Repub cans made a valiant effort that carne to naught. Ji Senate taa;ority Leader Roger Moe and Minority Yes, they will have to try agaic under circum- Leadl- ?ohe.rt Ashbach worked hard to find an stances made even more difficult by their failure. •: izor. -om ile way out of Me budget morass, and de- But they rose in stature for having tried hard, a ��J t • MEMORANDUM TO: Gerald Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: December 30, 1981 SUBJECT: Application for_Nonintoxicating Malt Liquor License at Pizza Feat, 6816 Humboldt Avenue ' North Attached please find a background investigation of the Pizza Feat Nonintoxicating Malt Liquor License conducted by Investigator Spehn. Investigator Spehn and myself have met personally with Patricia Muller to review all the City ordinances and State statutes governing the operation of the nonintoxicating malt liquor license. From the background investigation and the interview with Muller, we find that the applicant meets all the requirements of the nonintoxicating malt liquor license. I recommend that this license be issued the applicant, Patricia Muller, for the Pizza Feat Restaurant located at 6816 Humboldt Avenue North. • The following will be a resume of Investigator Donald SPEHN concerning Case ;#81- 20200. It involves a nonintoxicating liquor or beer license application. The resume is transcribed and typewritten by Barbara PIETRZAK, clerk- :typist for the Brooklyn Center Police Department. APPLICANT: Patricia Ann MULLER D.O.B. 10 -03 -45 1118 24th Avenue North Minneapolis, MN 55411 The applicant is applying for a nonintoxicating liquor or beer license as an individual and doing business under the name of Pizza Feat Restaurant, located at 6816 Humboldt Avenue North. This establish - ment formerly held a nonintoxicating liquor license in the name of Jon HOUSTON. The applicant, Patricia MULLER, is currently buying the establishment from Mr. HOUSTON and therefore has submitted a new application for a nonintoxicating liquor license in her name. FINANCIAL: The financial arrangements for the purchase of the Pizza Feat Restaurant by Patricia MULLER are as follows: i Patricia MULLER is paying Mr. Jon HOUSTON $15,000.00 of which she paid $5,000.00 down and will pay $5,000.00 at the end of one year and $5,000.00 at the end of the second year. Patricia MULLER borrowed $9,500.00 from her mother, Betty MOHIAN. This was on a promissory note and the arrangements are that Patricia 11ULLER will make no pay- ments to her mother for six months and then will pay $250.00 per month until the $9,500.00 is repaid. It might be noted that Patricia MULLER has her mother, Betty MOHAN, living with her and Betty MOHAN is a widow and has money from the sale of a family farm in Ohio, which she received after her husband's death. A copy of the promissory note to Betty J. MOHAN is attached to the case file. Also attached to the case file is the copy of the purchase agreement between Patricia MULLER and Jon HOUSTON. In addition, Patricia MULLER is paying Bradford T. ROTHNEM $75,000,00 plus 11% interest, which is the remaining balance of a purchase agreement entered into between Jon HOUSTON and Bradford ROTHNEM at the time HOUSTON opened the restaurant which was then known as the Pizza Factory. A payment schedule has been set up in which the applicant, Patricia MULLER will a 8 PP 0 pay $ 0.00 per month to Branford ROTHNEM for the months of December, 1981 through March, 1982. From April through July, 1982, this amount will increase to $1,000.00 and from August through November, 1982, will increase to $1,200.00. Thereafter the payments will be $1,500.00 per month until such loan is paid off. The due date being December 1986. 1� Resume of Investigator SPEHN Case #81 -20200 Page 2 Additionally there is a lease for the building with the Cal Corporation, a division of Colwell Bankers. Under the terms of this lease, the applicant, Patricia MULLER, is to pay $826.00 per month for lease of the building. In addition there is a 50 of the gross annual sales should those annual sales exceed the fixed minimum rent. The applicant indicates that she would have to exceed $150,000.00 per year gross for the 5% figure to apply. Copies of the lease agreement are also attached to the case file. BACKGROUND OF APPLICANT The applicant, Patricia Ann MULLER, is married. Her husband's name is Paul Lee MULLER. His date of birth is 05- 22 -42. She does reside with her husband at 1118 24th Avenue North, Minneapolis. Mr. MULLER has been employed by Paper Calmenson Steel Company since 1969. The applicant's previous employment background is that she worked for the Minneapolis Star and Tribune as a shack manager from 1980 through December, 1981. For Stuart Oil Company as a gas station manager from June, 1979 through January, 1981. For periodical publishers as a phone sales representative from February, 1979 through June, 1979. And for the Nautilus Submarine Shop as a manager from March, 1976 through March, 1979. The applicant has a valid Minnesota drivers license with no violations. In running criminal records checks the applicant has no criminal . record with the bureau of criminal apprehension or the NCIC or FBI. She is also clear of Hennepin County warrants Criminal record checks were also run under her maiden name, Patricia Ann MOHAN, again with negative results. The criminal record check on her husband also showed negative results. He also has a valid Minnesota drivers license with no violations. The applicant does indicate on her application that she was charged with issuing worthless checks in 1975, however the charges were dismissed. in speaking withthe applicant, concerning this, she Andicated` that she is not sure of the year but that the offense was in Brooklyn Center.. In checking the Brooklyn Center Police Department records, two entries were found concerning the applicant. One on 5- 24- 69_ for - account closed checks at Daytons and one on 3 -14 -70 for the same offense at Sears. There is no indication that the applicant was convicted or even booked on those charges. At any rate, those charges would be well over the five year limitation as defined by the ordinance concerning- nonintoxicating liquor licenses. CHARACTER REFERENCES The following character references were checked concerning the applicant Patricia MULLER. 1. Judy BETHKE. BETHKE resides at 132 West Rustic Lodge, Minneapolis and is employed by Forum Graphics. BETHKE indicates that she has known the applicant and her family for several years and that in Ind Resume of Investigator SPEHN Case #81 -20200 Page 3 fact they are very dear friends of hers She indicated that upon her coming to Minneapolis several years ago, the applicant and her family took her in and more or less provided for her until she got on her feet. She indicated that she also worked with the applicant at the Nautilus Submarine Shop and later the applicant worked with her for Security Central which was a security firm in which they operated the consoles or alarm boards. BETHI:E indicates the applicant is of good moral character, is honest and a hard worker. She indicated that she believes the applicant has three children and a very strong marriage and that her husband apparently is a steady individual and has been employed by the same company for quite a number of years. 2. Robert GRALISH, who owns Jack's Decorated Ice Cream at 1133 Rice Street in St. Paul. In speaking to Mr. GRALISH, he indicated that the applicant worked for him when he at one time owned the Nautilus Submarine Shop. He indicated that she in fact managed his shop for some time and was a very good employee and also to be of good moral character. He indicated that she does know the food business and he had no complaints when she worked for him. Mr. GRALISH further indicated that the applicant has recently contacted him and is planning on selling his line of ice cream and also hoagie sandwiches, which is a form of submarine sandwich in the restaurant she is buying. 3. Roscoe PUHL, of Puhl Construction Company, 4947 Oliver Avenue North. Mr. PUHL indicates that he has been acquainted with the applicant for approximately four years and describes the applicant and her family as real good decent people. Mr. PUHL indicated that he has done work for the applicant and also has been a neighbor of the applicant for approximately four years. He indicated that he is aware that the applicant is a good family person and further indicated that he knew that the applicant's mother was living with them. Mr. PUHL further related that it was his understanding that the applicant's mother had quite a bit of money from insurance policies which she received on the death of her husband and also from the sale of the family farm. Mr. PUHL further indicated that he felt the applicant could make a success of the restaurant business as he knew that she had quite a bit of experience in that line of work. SUMMARY: The investigator has spoken to the applicant. The applicant indicates that it is her intention to operate the Pizza Factory or Pizza Feat Restaurant as a family -type restaurant and that she intends to expand the menu of the establishment to include hoagie sandwiches and possibly decorated ice cream along with the pizzas and further that she desires the nonintoxicating beer license as a convenience item for the menu. She indicated that in her past experience, she believes that the beer sales will amount to only approximately 3 0 b, of the `gross Resume of Investigator SPEHN Case #81- 20200 Page 4 total sales of the restaurant. It might also be noted that the applicant indicated that she has been employed by the Pizza Feat Restaurant for approximately one month before arranging the purchase from Mr. Jon HOUSTON. She indicated that she was well aware of the problems with Mr. HOUSTON and his manager Mr. Donald RUDSER were having and does not feel that she will have those type of problems. She in fact indicated that she was ashamed to admit it but that Mr. RUDSER was a former friend of the family, having worked with her husband for several years previous to RUDSER's managing the Pizza Factory Restaurant. She indicated that she is well aware that Mr. RUDSER had chemical problems, including alcohol and other chemicals, and that he has been advised by her that he is not wanted in the establishment at any time. The applicant indicates that neither HOUSTON or RUDSER will have anything to do with the operation of the establishment. She went on to relate that she is well aware that Mr. HOUSTON was likely to lose the establishment and she therefore entered into the agreement to purchase it and believes that she can make the establishment a profitable enterprise. The investigation has found no valid reasons to deny the application for a nonintoxicating liquor license nor anything detrimental to the applicant. of ; MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: December 29, 1981 SUBJECT: Gambling License Application of Orchard Lane Parent- Teacher Association Attached please find the completed police investigation of Orchard Lane Parent- Teacher Association in application for a Class A gambling license. Roland Stewart Christensen is named in the application as the Gambling Manager. Investi- gator Monteen finds nothing of a questionable nature during the course of this investigation. In addition to the Class A gambling license, Orchard Lane Parent- Teacher Association has made application for the waiver of a $10,000 bond on the Gambling Manager. The City Council must act on the following two matters: 1. The application for a Class A _gambling license. This requires a majority vote of the City Council to pass. 2. Waiver of a $10,000 fidelity bond. This requires the unanimous vote of the City Council to pass. The following is a resume of the investigation of Orchard Lane Parent- Teacher Association; Roland Stewart CHRISTENSEN, Gambling Manager in application for a Class A gambling license. Brooklyn Center Case Number 81- 20213. This investigation was conducted by A. Paul MONTEEN and is being transcribed and typewritten by Barbara PIETRZAK, Clerk typist for the Brooklyn Center Police Department. APPLICANT: Orchard Lane Parent- Teacher Association 6201 Noble Avenue North Brooklyn Center, MN 55429 Telephone: 533 -1645 Roland Stewart CHRISTENSEN, Gambling Manager 6101 June Avenue North Brooklyn Center, MN 55429 Telephone: 533 -1930 INVESTIGATION b:ATERIALS CONTAINED WITHIN THIS FILE: Application for a gambling license Application for a gambling license, part 2, in the name of Roland Stewart CHRISTENSEN A letter requesting waiver of the fidelity bond Application for a gambling license, part 3, organizational information Investigator MONTEEN has reviewed the application of the Orchard Lane Parent - Teacher Association for a Class A gambling license. MONTEEN finds that there is no substantial difference in the organization from 1981's application. The Gambling Manager, Roland Stewart CHRISTENSEN, remains this year as the Gambling Manager. In checking CHRISTENSEN's background, MONTEEN finds that CHRISTENSEN has had no contact with the Brooklyn Center Police Department, the Hennepin County Sheriff's Office, the State of Minnesota or the NCIC records section during the past year and has not changed his residence or his employment. Investigator MONTEEN can find nothing which would preclude Roland Stewart CHRISTENSEN from receiving a gambling license as manager of the Orchard Lane Parent- Teacher Association. The Orchard Lane Parent- Teacher Association has received gambling licenses in the years 1980 and 1981 and has complied with the ordinances of the City of Brooklyn Center and the Statutes of the State of Minnesota in reference to reporting of their receipts and disbursements. Investigator MONTEEN can find nothing which would preclude Orchard, Lane Parent - Teacher Association from receiving a gambling license in 1982. Resume of Investigator MONTEEN Case #81- 20213 Page 2 Darrell FISHER, President of the Orchard Lane - Parent - Teacher Association, has requested in a letter to the Council that the $10,000 fidelity bond on Roland CHRISTENSEN, Gambling Manager, be waived. The City Council must act on the following two matters: 1. The Class A gambling license. This requires the majority vote of the City Council to pass. 2. Waiver of a $10,000 fidelity bond. This requires the unanimous vote of the City Council to pass. Licenses to be approved by the City Council on January 11, 1982 � CIGARETTE LICENSE Brooks Superette 6800 Humboldt Ave. N. Consumer Vending 2727 26th Ave. S. Bridgeman's 6201 Brooklyn Blvd. ahlco „Music & Vending Co. 119 State St. Ground Round Restaurant 2545 County Rd. 10 I nter City Oil 3600 63rd Ave. N. Interstate United Corp. 1091 Pierce Butler Rt. State Farm Insurance 5840 Shingle Cr. Pkwy. K -Mart 5930 Earle Brown Dr. The Pipeseller 1301 Brookdale Ctr.. Pyramid Petroleum Corp. r 2605 County Rd. 10 Servomation 7490 Central Ave. N.E. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Earle Brown Office Bldg. 6040 Earle Brown Dr. Graco 6820 Shingle Cr. Pkwy`. Snyder Brothers Drug Brookdale Shopping Ctr. SuperAmerica Stations, Inc. 6545 W. River Road SuperAmerica Stations, Inc 1901 57th Ave. N. m�? City Clerk i COMMERCIAL KENNEL LICENSE F. W. Woolworth Company Brookdale Shopping Ctr: Sanitarian FOOD ESTABLISHMENT LICENSE 10 Pizza Feat 6816 Humboldt Ave. N. Sanitarian IW AMBLING LICENSE Orchard Lane School PTA 3907 63rd Ave. N. City Clerk GASOLINE SERVICE STATION LICENSE Brookdale Car Wash 5500 Brooklyn Blvd. Federal Lumber 4810 N. Lilac Dr. Green Meadows 3319 49th Ave. N. Humboldt Avenue Service 6840 Humboldt Ave. N. Inter City Oil 3600 63rd Ave. N. Northwestern Bell 6540 Shingle Cr. Pkwy. Plum Company 6840 Shingle Cr. Pkwy. Pyramid Petroleum Corp. 2605 County Rd. 10 SuperAmerica Service Stations 6545 W. River Road SuperAmerica Service Stations 1901 57th Ave. N. Bill West Service Center 2000 57th Ave. N. City Clerk MECHANICAL SYSTEM'S LICENSE D & D Anderson Heating R.R. #4 Box 254` Raab Heating & Air Conditioning 1516 S. W. Ave ✓ • • in Buildin fficial' rT OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Ave. N. Lt - City Clerk O N -SALE CLUB LIQUOR LICENSE Brooklyn Center Am. Legion Post #639 4307 70th Ave. N. City . 0 lerk "U -SALE INTOXICATING LIQUOR LICENSE Mioliday Inn 1501 Freeway Blvd. -, City Clerk ON -SALE NONINTOXICATING,LIQUOR LICENSE � Pizza Feat 6816 Humboldt Ave. N. City Clerk ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE Holiday Inn 1501 Freeway Blvd. J13 Amu City Clerk SIGN HANGER'S LICENSE Scenic Sign Company Box 881 BuildOfficial_ GENERAL APPROVAL: e G p inter City Ma er