Loading...
HomeMy WebLinkAbout1981 01-12 CCP Regular Session CITY COUNCIL AGENDA . CITY OF BROOKL N CENTER JANUARY 12, 1981 7:00 P.M. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - December 22, 1980 y 5. Open Forum 6. Adjourn 1980 Council t 7. Administer Oath of Office 8. Call to Order 1981 Council 9. Roll Call 1981 Council 10. Select Mayor Pro Tem 11. Mayoral Appointments • a. Planning Commission b. Conservation Commission c. Human Rights Commission ` d. Part: and Recreation Commission e. dousing Commission r. Weed Inspector '4 12. Designate Official Newspaper ° f 13. Final Plat Approval - Rosemary Terrace Addition n► 14. Approval of Local 49 Master Labor Agreement 15. 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 the First Brookdale State Bank a Depository of City Funds , y r f Depository ito o 1 Bank of Minneapolis a Dep ry t d. Designating the First National P City Funds dl e. Designating First Plymouth National Bank a Depository of City Funds , f. Designating Hennepin Federal Savings & Loan Association a Depository.,, of City Funds CITY COUNCIL AGENDA -2- January 12, 1981 g.' Designating Home 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 w 1. Designating Representative and Alternate Representative to the Association/ I of Metropolitan Municipalities m. Designating Director and Alternate Director to Suburban Fate Authority..,. r. n.. Regarding Mayor Nyquist's 1981 Salary o. Granting Final Approval to Industrial Development Revenue Bond Proposal from Brooklyn Investment Companies (Spec 10 & 11 Buildings) p.` Authorizing Execution of Agreement with MN /DOT for Reconstruction of Lift Station No. 2 at Lyndale Avenue and 55th Avenue North - Remodeling of this lift station is necessitated by the I -14 construction. The proposed agreement provides that the City will proceed with the required remodeling and provides for MN /DOT reimburs ement the major share of the costs of construction and construction supervision. q. Authorizing Execution of Agreement with MN /DOT for Installation of Water Main Crossings Under I -94 at 53rd and 57th Avenues ,. - Extension of these water mains across I -94 is necessary to provide future water service and fire protection service (hydrants) to the properties along Lyndale Avenue between 53rd and 57th Avenue. Since there are no existing water mains in this area, the cost for installing b these lines is a responsibility of the City's Public Utility Department. La ti Although the estimated costs are high, the cost of making these crossings after I -94 is completed would be much.higher. r. Authorizing Execution of Agreement No. PW40 -02 -80 for Traffic Signal Maintenance Services by Hennepin County - Maintenance of the new traffic signal system at Humboldt Avenue/65th Avenue /Freeway Boulevard is a City responsibility. Because the C does not have the equipment, materials, or expertise to cover this responsibility, it is recommended that the City contract for this service with Hennepin County as provided for by this agreement. s. Accepting Bid for Coin - Operated Lockers -It is recommended the bid of Carlton'McKinney in the amount of $45,907.67 be accepted. CITY COUNCIL AGENDA -3- January 12, 1981 16. Employee Recognition Service Program (7:30 p.m.) -This is the second annual. presentation by the City Council of service awards to City employees to recognize years of service to the City. 17. Ordinances: a. An Ordinance Amending Chapter 34 Regarding Directional Signs; Certain Real Estate Signs; and Identification Signs for Churches, Synagogues, and Temples , -This ordinance was first read on December 8, 1980, published on ?� ' December 18, 1980, and is recommended for a second reading this evening. t` b. An Ordinance Amending Chapter 17 of the City Ordinances Relative to Personnel Policies -This ordinance was first read on December 22, 1980, published on January 1, 1981 and is recommended for a second reading this evening. 18. Discussion Items: a. North Crosstown Task Force -The Coon Rapids City Council has suggested the re- creation of the North Crosstown Task Force to expedite this project and is inviting the City of Brooklyn Center to appoint two officials to the North Crosstown Task Force 19. Consideration of Chippewa Park Rental License 20. Licenses 21. Adjournment I r F, 1 y Member introduced the following resolution and moved its adoption: ` RESOLUTION NO. _ 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. Date Mayor — ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following R voted in favor thereof: k 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 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 900 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. 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 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. 40 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: r or and the following voted against the same: whereupon said resolution was declared duly passed and adopted. l Member introduced the following resolution and moved its adoption: 40 RESOLUTION NO. RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS 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 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 900 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. . x Date Mayor ATTEST: Clerk I The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following i 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 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. 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 y 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: qs 4 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: 4 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, 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. 4 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 DESIGNATING THE HOME 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 Home 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 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. 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: i 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:, i RESOLUTION NO. 4 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 900 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 a 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 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, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Savings and Loan g Y g 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. Holmiund. I Date Mayor _ i ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by y 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 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 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. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following ' voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. 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 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. ° 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. f 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 1981 and until their successors are appointed. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. e 1 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 as 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 1981 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. !i 4 3 �1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING MAYOR NYQUIST'S 1981 SALARY WHEREAS, Mayor Dean Nyquist served as Mayor of Brooklyn Center in 1978, 1979, and 1980 without._salary compensation; and WHEREAS, Mayor Nyquist has officially requested that he not be compensated in 1981 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 give him in 1981 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 1981 for serving as Mayor of Brooklyn Center. i ^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. i ,j Memoer introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO A $1,600,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (SHINGLE CREEK ELEVEN PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 BE IT RESOLVED by the City Council of the City of ` Brooklyn Center, Minnesota as follows: Section 1. Definitions 1.01. In this Resolution the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment the Assignment of Rents and Leases, to be given by the Partnership in favor of the Lender, Bonds the $1,600,000 Commercial Development Revenue Bonds (Shingle Creek Eleven Project), authorized by the City pursuant to this Resolution (which may be issued in the form of a revenue note or notes); Building the one story office /warenouse building, including the Fixtures, to be constructed on the Land by the Partnership; City the City of Brooklyn Center, Minnesota, its successors and assigns; Construction Loan Agreement the Construction Loan Agreement to be executed by the City, the Partnership and Lender; a Code Fin Statement the Uniform Commercial C e Financing Statement to be executed by the City with respect to the Pledge Agreement; Fixtures: those items defined as such in Section 1 -1 of the Mortgage; Guarantors Charles E. Sameluk, a Minnesota resident, Robert B. May, a resident of Winnepeg, Canada, Panis Holdings Ltd., a Manitoba, Canada corporation, Panis Inc., a Minnesota corporation, Rokar Investments Ltd., a Manitoba, Canada corporation, and Rokar Holdings Inc., a Minnesota corporation; Guaranty Agreement the Guaranty Agreement to be given by the Guarantors and accepted by the Lender; Holder the registered owner of the Note; Land the real.estate described in Exhibit A to the Mortgage; Lender the First National Bank of Minneapolis, in Minneapolis, Minnesota, a national banking association, its successors and assigns; Loan Agreement the Loan Agreement to be executed by the City and the Partnership; Mortgage the Mortgage and Security Agreement to be given by the Partnership in favor of "the Lender; Note the $1,600,000 Commercial Development Revenue Note (Shingle Creek Eleven Project) to be issued by the City pursuant to this Resolution; Partnership Shingle Creek Eleven, a Minnesota general partnership, its successors and assigns; Pledge Agreement the Pledge Agreement to be executed by the City and the Lender; Project the Land, the Building and the.Fixtures as they may at any time exist; . ' Project Costs those costs defined as such in Section 1.01 of the Loan Agreement; Resolution this resolution of the City, adopted , 1981, authorizing the issuance of the Bonds and the Note. Section 2. Findings It is hereby found and declared that: 4� (a) the real property and improvements described in the Loan Agreement and the Mortgage constitute a Project authorized by the Act; (b) the purpose of the Project is, and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of m erce so as to ' all sound industry ,m economic Y and co Y prevent the emergence of or to rehabilitate, so far as possible, blighted and marginal lands and areas of chronic unemployment; the retention of industry to use r the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities; halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; (c) the Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act; (d) the financing of the Project, the authorization of Bonds in the principal amount of $1,600,000, the issuance and sale-of the'Note to effect a temporary Loan under the provisions of Minnesota Statutes, Section 474.07 in order to provide funds immediately needed for the Project, the execution and delivery of the Loan Agreement, the Financing Statement, the Construction Loan Agreement and the Pledge Agreement and the performance of all covenants and agreements of the City contained in the Loan Agreement and the Pledge Agreement, the Construction Loan Agreement and of all other acts and aired under the e things Constitution and laws of the s q State of Minnesota to make the Note, the Loan Agreement, the Financing Statement, the Construction Loan Agreement and the Pledge Agreement valid and binding 'obligations of the City enforceable in accordance with their terms, are authorized by the Act; (e) it is desirable that the Commercial Development Revenue Note in the amount of up to $1,600,000 be issued by the City upon the terms set forth herein, and that the City assign its interest in the Loan Agreement and grant a security for the • payment of the principal of, interest on and premium, if any, on the Note; -3- (f) the City will use its best efforts to issue the Bonds pursuant to the Act in an amount and at such time as is necessary to pay the principal amount of the Note at or prior to the maturity; but the failure or inability on the part of the City to do so shall not affect the obligations of the Partnership under the Loan Agreement or the Guarantors under the Guaranty Agreement; (g) the loan payments contained in the Loan Agreement are fixed, and required to be revised from time to time as necessary, so as to produce income and t revenue sufficient to provide for prompt payment of principal of, premium, if any, and interest on the Note issued under this Resolution when due, and the Loan Agreement also provides that the Partnership is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Project payble during the term of the Loan Agreement; and (h) under the provisions of Minnesota Statutes, Section 474.10, and as.to be provided in the Note, the Note is not to be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the.payment thereof; the City is not subject to any liability thereon; no Holder of the Note shall ever have the right to compel - any exercise of the taxing power of the City to pay the Note or the interest or premium or late charges, if any, thereon, nor enforce payment thereof against any property of the City except the revenue under the Loan Agreement pledged to the payment thereof and the Project should the City ever acquire title to it; the Note issued hereunder shall recite that the Note, including interest and premium, if any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereof; and the Note shall not constitute a debt of the City within the meaning of any constitutional, charter or statutory limitation; provided, however, that nothing contained in this paragraph (h) shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the security thereof as provided in Minnesota Statutes, Section 474.11. Section 3. Authorization, Sale and Approvals -4- 3.al. Authority The City is authorized by the Act to issue revenue bond, and loan the proceeds thereof to business enterprises to finance the acquisition and construction of "projects" as defined in the Act, and to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 3.02. Preliminary City Approval The Council gave preliminary approval to the sale of its revenue bonds pursuant to the Act and the loan of the proceeds to the Partnership for the acquisition and improvement of the Project suitable for use as an office /warehouse building and authorized the preparation of such documents as may be appropriate to the Project by the following actions: (a) July 21, 1980, adoption of Resolution No. 80 -155, calling a public hearing on the Project; (b) July 31, 1980, publication in the Brooklyn Center Post, the official newspaper of the City, of the Notice of Public Hearing; (c) July 31, 1980, publication in the Minneapolis Star and the Minneapolis Tribune, of the Notice of Public Hearing; (d) August 25, 1980, public hearing held at the City Hall; and (e) August 25, 1980, adoption of Resolution No. 80 -204, giving preliminary approval to the Project. 3.03. Authorization of Bonds and Note; Sale of Note The City hereby authorizes the issuance of the Bonds in the principal amount of $1,600,000 and determines to defer the issuance of the Bonds at this time and, in anticipation of the Bonds, he City shall issuance of the Bo t P � Y issue the Note in the form and upon the terms set forth in this Resolution. The Bonds shall bear such date or dates, nature on such date or dates, be subject to redemption on such date or dates, bear interest at ruch rate or rates and be in such form as shall be determined by this Council by resolution. The Note is hereby sold to the Lender at the prices and upon the terms set forth in this Resolution and in the Construction Loan Agreement. 3.04. Approval of Documents Pursuant to the above, there have been prepared and presented to this Council copies of the following documents, all of which -5- are now, or shall be placed on file in the office of the City Clerk: (a) the Loan Agreement; (b) the Assignment; (c) the Pledge Agreement; (d) the Mortgage; (e) the Guaranty Agreement; (f) the Construction Loan Agreement; and (g) the Financing Statement. The forms of the documents listed in (a) through (g) above are approved, with such variations, insertions and additions as are-deemed appropriate by the parties and approved by the City Attorney and City Clerk. Section 4. Execution of Documents Upon the completion of the Loan Agreement, the Construction Loan Agreement, the Financing Statement and. the Pledge Agreement, approved in Section 3.03 hereof, and execution of the Loan Agreement, the Construction Loan Agreement and Pledge Agreement by the Partnership and the Lender, as the case may be, the Mayor and the City Manager shall execute the same on behalf of the City and shall execute the Note in substantially the form as the Form of Note set forth following Section 5.01 hereof on behalf of the City, and shall execute such other certifications, documents or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute and be deemed the conclusive evidence of the-approval and authorization by the City and the Council of the instrument or document so executed. In the absence or disability of the Mayor, any of the documents authorized by this resolution to be executed, shall be executed by the acting Mayor, and in the absence of the City Manager by such officer of the City who, in the opinion of the City Attorney, may execute such documents. -6- Section 5. The Note 5.01. Form and Authorized Amount The Note shall be issued substantially in the form hereinafter set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions 'of this Section, in the total principal amount of up to $1,600,000. i ° i • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER Commercial Development Revenue Note • (Shingle Creek Eleven Project) R -1 $1,600,000 The City of Brooklyn Center, Minnesota, a municipal corporation of the State of Minnesota (the - "City "), for value received, hereby promises to pay to the order of FIRST NATIONAL BANK OF MINNEAPOLIS, or assigns (the "Holder "), at its principal office in Minneapolis, Minnesota, or at such other place as the Holder may designate in writing, from the'source and in the manner, and with interest thereon as hereinafter provided, the principal sum of ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000), or so much thereof as has been advanced from time to time pursuant to the provisions of the Loan Agreement described below, on December 1, 1982, and to pay interest on the unpaid principal amount, from the date • hereof.until this Note is fully paid, at a rate equal to 80% of the 90 -day negotiable certificate of deposit rate as released by the Federal Reserve Bank of New York, and also published as of the date of this Note, in the Midwest Edition of the Wall Street Journal on the first business day of each week (the "Tax Exempt Rate ") per annum or at such higher rate as hereinafter provided, in ariy coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. The Tax Exempt Rate shall never be less than 2% per annum or exceed 30% per annum. The initial Tax Exempt Rate applicable hereto is ` percent ( %) per annum. The Tax Exempt Rate will be adjusted weekly, if necessary, on the applicable day as specified above that any change in the 90 -day certificate of deposit rate as released by the Federal Reserve Bank of New York is published in the Midwestern Edition of the Wall Street Journal Interest on this Note shall accrue from and after the date of each and every advance hereunder so made by the Holder and shall be payable on the first day of the month next succeeding the date of which the first advance . is made and on the first day of each and every month thereafter, with a final payment of accrued interest to be -8- made on December 1, 1982. The principal of and interest on this Note is payable in lawful money of the United States of America. Notwithstanding the foregoing, in the event that the interest on this Note becomes subject to federal income taxation pursuant to a Determination of Taxability as defined in the Loan Agreement of even date herewith (the "Loan Agreement ") between the City and Shingle'Creek Eleven, a Minnesota general partnership (the "Partnership "), the interest rate on this Note shall be immediately adjusted, from the Date of Taxability as defined in the Loan Agreement, to a rate which is equal to two percent in excess of the rate of interest per annum charged by the First National Bank of Minneapolis, a national banking association (the "Lender "), at its principal office in Minneapoiis, Minnesota, from time to time on 90 -day unsecured loans.to its most responsible commercial borrowers of the highest credit rate (which rate shall change on the day of the effective date of any change in such rate), (the "Taxable Rate "); provided that the Taxable Rate shall never be less than 3% per annum or exceed 39% per annum. Each monthly installment thereafter payable shall be accordingly adjusted. In addition the City shall pay to the Holder of this Note and to any prior Holder the aggregate difference between (A) the amounts actually paid between the Date of Taxability and the date of such payment and (B) the amounts that would have been paid to the Holder and any prior Holder during such period at such increased interest rate. The factor of 80% used in the calculation of both the Tax Exempt Rate shall be reduced to 70% on the date that the Holder enters into an agreement satisfactory to the Holder providing for the purchase of this Note from the Holder at or before the maturity date hereof. In the event the City shall fail to make when due any interest payments or principal and interest payments required under this Note, the interest payment or principal and interest payment so in default shall continue as an obligation of the City until the interest payment or principal and interest payment in default shall have been fully paid, and, the City agrees to pay interest thereon at the rate of interest per annum borne on this Note. The principal of this Note may be prepaid either in whole or in part, on any date upon payment of a price equal to the principal being so prepaid plus accrued interest to the date of prepayment. -9- The Holder hereof shall have the right to declare due and payable and require the full and prompt payment of the principal balance of this Note, in whole but not in part, with interest thereon to the date of payment on December 1, 1981 as provided in Section 2.2 of a Construction Loan Agreement, of even date herewith (the "Construction Loan Agreement "), by and among the City, the Partnership and the Lender. In the event the Holder exercises this right, the payment shall not be subject to any prepayment premium or penalty: In the event the Holder shall elect to exercise this right, it shall provide written notice thereof to the City and the Partnership in the manner and at the address provided in the Loan Agreement on or before November 1, 1981. This Note constitutes an issue in the total authorized face amount of $1,600,000. This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the. "Act"), for the purpose of providing funds for a Project, as defined in Minnesota Statutes, Section 474.02, Subdivision la, consisting of certain real estate and improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Partnership pursuant to a Resolution adopted by the City on 1981 (the "Resolution "), the Construction Loan Agreement and the Loan Agreement, thereby assisting activities in the public interest and for the public welfare of the City. The City has agreed that it will use its best efforts to issue its revenue bonds pursuant to the Act on or prior to the maturity of this Note in an amount sufficient, and the proceeds thereof are to be used, to pay the principal amount of this Note. This Note is secured by a Pledge Agreement, of even date herewith (the "Pledge Agreement "), between the City and the Lender, a Mortgage and Security Agreement, of even date herewith (the "Mortgage "), given by the Partnership in favor of the Lender and an Assignment of Rents and Leases, of even date herewith (the "Assignment "), given by the Partnership in favor of the Lender. As provided in the Resolution, the City cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of this Note. This Note is transferable upon the books of the City at the office of the City Clerk, by the Holder hereof in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of -10- transfer satisfactory to the City Clerk, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk will note the date of registration and the name and address of the new Holder upon the books of the City and in the registration blank appearing below. Alternatively, the City will at the request of the Holder issue new notes in an aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the registered Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Loan Agreement, the Construction Loan Agreement, the Mortgage, the Assignment and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. If the City should fail to make any monthly installment of interest or principal and interest when due, which failure shall continue for ten (10) days, or if an Event of Default occurs under the Loan Agreement, the Construction Loan Agreement, the Mortgage or the Assignment,-then the Holder may at its right and option, by written notice to the City and the Partnership, declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any attorney's fees incurred by the Holder in collecting or enforcing payment of interest or principal of this Note, without notice to or consent of any party. • This Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this -11- Note or the interest thereon, nor to enforce payment thereof against any property of the City except revenue under the Loan Agreement pledged to the payment thereof. This Note shall not constitute a charge, lien, or i encumbrance, legal or equitable, upon any property of the City, except t the revenue under the 9 pledged Loan Agreement led ed to the payment thereof and the property subject to the Mortgage and Assignment should the City ever acquire title to it. This Note, including interest thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereon, other than to the extent payable out of the revenue bonds to be issued by the City pursuant to the Act and out of any proceeds received from the sale or other disposition of the property subject to the Mortgage and Assignment. This Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation.- However, nothing contained in this paragraph shall impair the rights of the Holder of this Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as , continuin g or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen, and be.performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. ` IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed all as of the day. of 198. CITY OF BROOKLYN CENTER, MINNESOTA By (SEAL) Mayor And City Manager -12- f PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City in the name of the registered holder last noted below. Date of Name and Address of Signature of Registration Registered Holder City Clerk -13- j 5.02. Note Terms The Note shall be designated the Commercial Development Revenue Note (Shingle Creek Eleven Project), and shall: (a) be dated as of the date of delivery thereof to the Lender. (b) be in the total principal amount of $1,600,000 or such lesser amount as may from time to time be advanced under the Loan Agreement and the Construction Loan Agreement. (c) mature on December i 1982 and bear interest on the unpaid principal balance advanced from time to time from date of issue until paid or discharged as herein provided payable on the first day of the month next succeeding the date of which the first advance is made under the Note and on the first day of each and every month thereafter, with•a final payment of accrued interest to be made on December 1, 1982, at a rate equal to 80% of the 90 -day negotiable certificate of deposit rate as released by the Federal Reserve Bank of New York, and also published as of the date of this Resolution in the Midwest Edition of the Wall • Street Journal on the first business day of each week (but if none is so reported, then the rate reported on the next day on which said rate is so reported) per annum or at such higher rate as herein provided provided that the rate of interest per annum borne on the Note shall never be less than 2% per annum or exceed 30% per annum. Notwithstanding any in this Resolution to the contrary in the event the interest on the Note becomes subject to federal income taxation pursuant to a "Determination of Taxability" as defined in the Loan Agreement, the interest rate on the Note shall be immediately adjusted to a rate which is equal to two percent in excess of the rate of interest per annum charged by-the First National Bank of Minneapolis, a national banking association (the "Lender "), at its principal office in Minneapoiis, Minnesota, from time to time on 90 -day unsecured loans to its most responsible commercial borrowers of the highest credit rate (which rate shall change on the day of the effective date.of any change in such rate), provided, that such increased. rate shall never be less than 3% per annum or exceed 39% per annum, from the Date of Taxability, as defined in the Loan Agreement, _all as provided in the form of the Note contained in Section 5.01 hereof. The rate of interest borne on the Note prior to a Determination of Taxability will -14- be adjusted weekly, if necessary, on the applicable day as specified above that any change in the 90 -day certificate of deposit rate as released by the Federal Reserve Bank of New York is reported in the Midwestern Edition of the Wall Street Journal The factor of 80% of the 90 -day negotiable certificate of deposit rate as released by the Federal Reserve Bank of New York used in the calculation of the rate of interest per annum borne on the Note prior to a Determination'of Taxability shall be reduced to 70% on the date on which the Holder enters into an agreement providing for the purchase of the Note from the Holder at or before the maturity of the Note. (d) be subject to redemption and prepayment in whole or in part on any date upon payment of a price equal to the principal being so prepaid plus accrued interest to the date of prepayment. (e) be subject to redemption and prepayment at the option of the Holder, in whole but not in part, on December 1, 1981, at the price and upon the terms set forth in the Note and the Construction Loan Agreement. • 5.03 Execution The Note shall be executed on behalf of the City by the signatures of the Mayor and-the City Manager, and shall be sealed with its corporate seal. In case any officer whose. signature -shall appear on the Note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.04. Mutilated, Lost and Destroyed Note In case the Note shall become mutilated or be destroyed or lost, the City upon compliance by the Holder with any applicable provision of law shall cause to be, executed and delivered a new Note of like outstanding principal amount • and tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Holder's paying the reasonable expenses and charges of the City in connection therewith, and in case the Note is destroyed or lost, its filing with the City evidence satisfactory to it and compliance with any applicable provisions of law. 5.05. Registration of Transfer The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the -15- • registration or transfer of ownership o-f the Note. The Note shall be transferable upon the books of the City by the Holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk shall note the date of registration and the name and address r ss of the new Holder f h ' t o der on the books o the C1 v and in the registration blank appearing on the Note. Alternatively, the City shall, at the request and expense of the Holder, issue new notes, in aggregate outstanding principal amount equal to that of -the Note surrendered, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the Holder or such transferee as may be designated by the Holder. The City may deem and treat 'the person in whose name each Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner thereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, prepayment price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and 1 discharge the liability extent of . g e a slit upon this Note to the ex Y P the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 5.06. Delivery and Use of Proceeds Prior to delivery of the Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City shall execute and deliver to the Lender the Note in the total principal amount of up to $1,600,000, together with the following: (a) a duly certified copy of this Resolution; • (b) original, executed counterparts of the Loan Agreement, Construction Loan Agreement, Financing Statement and the Pledge Agreement; and (c) such closing certificates, opinions and related documents as are required by bond counsel. Upon delivery of the Note and the above items to the Lender, the Lender shall, on behalf of the City, disburse to the Partnership the proceeds of the Note in reimbursement of Project Costs pursuant to the provisions of the Loan Agreement and the Construction Loan Agreement, -16- 1 and the proceeds so disbursed shall be'deemed to have been disbursed for the benefit of the City. The Lender and the Partnership shall provide the City with a full accounting of all funds disbursed for Project Costs. Section 6. Limitations of the City's Obligations Notwithstanding anything contained in the Note, the Loan Agreement, the Construction Loan Agreement, the Pledge Agreement, or any other documents referred to in Section 3.04 hereof, the Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder or Holders of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or any premium or late charges.thereon, nar to enforce payment thereof against any property of the City, other than the property subject to the Mortgage should the City ever acquire title to it. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, other than the property subject to the Mortgage should the City ever acquire title to it. The Note, including interest and premium, if any, thereon, is • payable solely from the revenue under the Loan Agreement pledged to the payment thereof, except to the extent,_, payable out of the proceeds of the Bonds and out of any proceeds received from the sale or other disposition of the property subject to the Mortgage. The Note shall not constitute a debt of the City within the meaning of any constitutional, charter or statutory limitation. However, nothing contained in this Section 6 shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. Section 7. Registration and Certification of Proceedings 7.01 Registration The'City Clerk is hereby authorized and directed to file a certified copy this resolution with the County Auditor of Hennepin County, together with such other information as he shall require, and to obtain from the County.Auditor a certificate that the Note has been entered in his register as required by law. 7.02. Certification of Proceedings The officers of the City and the County Auditor of Hennepin County are directed to prepare and furnish to the Lender, -17- f and to the attorneys rendering an opinion as to the legality of the issuance of the Note, certified copies of all proceedings and records __of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality of the Note as the same appears from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representatives of the City as to the facts stated therein. Section 8. Statement of Election The principal amount of the Note being in excess of $1,000,000, the City Manager is hereby authorized and directed on behalf of the City to execute and file with the Internal Revenue Service a statement of election to issue its obligations in excess of $1,000,000 as provided by Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, and Section 1.103(b)(2)(vi) of the Regulations promulgated thereunder. Adopted: , 1981. • Mayor Attest: City Clerk -18- 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 ` -19- Member introduced the follo.aina resolution and roved its adoption: RESOLUTION M. RESOLUTION AUTIrORIMr, FZF=ION OF AG NO. 5 147ITH MMESCTA DEPAZL_I'T7I' (F TRAT FOP. RB ONSTRUCTIC1\1 OF LIFT SMTION M. 2 BE IT RESOLVED by the City Council of Lhe City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute Agreement No. 59687 faith the Minnesota Depar'..rent of Trans %rtation t- rovidinq for there eling of Sanitary Scnmage Lift Station Tb. 2.. Est total cos[ of said reconstruction, including enni costs = $47,235.00, with Hi.nne- sota Department of Transportation rei-mbursement for all costs exceedinrr the City's fixed $3,245.00 share. Date Mayor ATTEST: Clerk The ration for the adoption of tie foregoing resolution was duly seconded by raember , -and upon vote bei .q taken ther_em, the following voted i.ln favor t'_:ereof : a:�d the follow-i g voted against the same: whereupon said resolution was declared duly kissed ar_c adopted. Member iz,troduced the following resolution g and moved its adoption: RESOLUTION 110. RESOLUTION AUTUORIZINS FXFCUTION Cr AGREB'11 NO. 60112 WITH T1IE MINIIESOTA . DEPART OF TRAI\ISPORTATIOI?, PROVID -TTr, FOR INSTALLATION OF ! .� 1AIN CROSSIMS UIv I.94 AT 53RD A'\D 57TH AVETUES 1)ORTII (PROJECT 1970 - 29) BE IT RESOLVED BY 711E CITY COUIDICIL of 4 - he City of Brooklyn Center that the Mayor and City Manager are hereby autinorised to execute Agreement Ib. 60112 with the Minnesota Department of 'T ori=.ation providina for installation of vrater main crossings under I -94 at 53rd and 57th Avenues North by Minnesota Department of Transportation as a ':art of - their contract for construction of I -94, and proviCinn for reinhurseme- t of the costs of said installation by the City of Brooklyn_ Center (estimated cost = $61,0'35.20). BE IT FURTHER RFSOLVFD that Resolution No. 78 -116 is hereby_ amrded to increase the encumbrance for this work from a previously- es total cost of $48,000.00 to a now total cost of $71,181.04, to cover costs incurred under this agreement as well as the $10,095.84 costs incurred under Acireerent 1`b. 59101. Said encumbrance is made from the Public Utilities E)perating Find. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by incrier and upon voce bei..nq taken thereon, the following voted in favor thereof_: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Ty member introduced the following resolution and moved its adoption: RFSOI UTION T10. Y RFSOLUTION AUTHORIZING EXFCUTIOP? OF AGREFWIiT re. n 0 40 -02 -80 FOR TRMT IC SIGNAL MAITEEDW]CE SERVICES BY H ITTPTN COUI\ rf'Y BE IT RESOLVED by tie City Council of the City of Brooklyn Center that the Mayor and City Manager are autlorized o execute Agremer_t No. P1 -02 -80 with Hennepin County, said agreement providing for rovision of traffic signal by maintenance services by Hennepin County and reir•bursemerit for such services the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the forecaoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the follo voted against the same: whereupon said resolution was declared duly passed amd adopted. s _ 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID FOR COIN- OPERATED LOCKERS WHEREAS, the City Manager and City Clerk have reported that on December 29, 1980, at 11:00 a.m., they opened and tabulated bids received for furnishing and delivering coin- operated lockers and that said bids were as follows: Nystrom, Inca $47,567.70 Anderson Engineering Corporation 46,840.00 Carlton McKinney 45,907.67 ` American Locker Security Systems, Inc. 46,567.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid of Carlton McKinney for the furnishing and delivery of coin- operated lockers in accordance with the specifications, is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. h 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: t whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 REGARDING DIRECTIONAL SIGNS: CERTAIN REAL ESTATE SIGNS: AND IDENTIFICATION SIGNS FOR CHURCHES, SYNAGOGUES AND TEMPLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows Section 34 -140, Subdivision 2. Permitted Signs Not Requiring a Permit b. Wall and freestanding site, pedestrian, vehicular- traffic, [and] parking [directional signs as appropriate] and other appropriate type of directional signs as_ approved by the Zon Official provided such signs are less than (thirty -six T 6)] six teen 16) square feet in area, and have a height no greater than 15 feet or ground floor height, whichever is less. 1. Real Estate signs as follows: [(3) Wall signs for the purpose of leasing or selling dwelling units in buildings containing two (2) or more units provided such signs shall be limited to five (5). s.quar.e feet in area and to one (1) such sign per building.] [(4) Wall signs for the purpose of leasing portions of commercial • or industrial buildings, such as offices or individual tenant c - areas, shall be limited to five (5) square feet in area and to one (1) such sign per wall facing a major thoroughfare. Said signs shall be located no higher than the ground floor height.] (3) Temporary signs for t he purpose of leasin or selling dwelling units in buildings containing t 2 or more units and tempora signs for the purpose of leasing or se ling portions of commercial or industrial buildings, such as o ffices or in- 1 - �vidua tenant areas are permitted only when vacancies exist and are limited to walls fa public streets. The size of signs shall be determined on the basis of wall area and distance from public right -of -way in the following manner: (a) For buildings with a wail area of 1,000 s . ft. or less acing a public street, the maximum size sign shall be 1� O�s . ft. Fo buildings with over i ,000 sq . ft. of wall area facing a public street, the maximum size sign shall be 16 sq. ft. (b) Buildi eligible for temporar real estate wall signs Fun Subsection a above shall be entitled to a ign s % great in ar ea if the build is over 100' from °� building i the ri ht -of -wa line and 100,, reater if the bui n g __ _ y y-_ -_ 9 g w.. is over 300 from the ri ht -of -way line. I g _ ORDINANCE NO. (4) Buildings entitle to tem rar wa s iqns a sp ecified in Subse ction 34 -140: e 173 abo m uti 1 i ze LT to 10 sq . ft. or 50,E of the arE�a_ l �hich�ever is - less of an eisting freestandi r,q •_lenti fi c ation s jj i n 1 i eu_of ai l other real estate si u�s. Section 34 -140, Subdivision 3. Perm Signs Requi a Permit D. Public and Semi- Public Places (All Districts) (1) Churches, synagogues and temples may have the following signs: (a) One freestanding sign with the sign area not to' exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sign if the use abuts two or more streets. (b) One wall sign not to exceed 36 square feet. [b.] jc) One wall sign immediately above or beside each public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education, or as a day care facility and i s licensed by the Minnesota Department of Public Welfare. The sign area shall not [to] exceed 10 square feet. Section 2. 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 BROOFQ�YN CEIITMR ORD11 NO. All ORDINANCE AMNDING CEiAF' ER 17 OF THE CITY ORDI14ANCES RELATIVE TO PERSOIN - M POLICIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CEMFR DOES OR= AS FOLLGWS: Chapter 17 of the City Ordinances is hereby amended as follows: CHAPYER 17 - PERSCMM ORDINANCE Section 17 -101. PURPOSE OF U-M ORDINANCE. It shall be the purpose of this ordinance to establish a uniform and equitable system of municipal personnel administration for all employees of the City of Brooklyn Center. It is hereby declared to be the policy of the City that: 1. [Employment in the City service shall be based on merit and fitness, free of personal, political, religious, gender, age, and racial consideration.] The City shall recruit and select the most qualified persons for position in the City's service. `line Cite shall pursue a policy in the areas of recruitment and selection to insure open competition, t provide equal employment opportunity and to prohibit discrimination because of race, color, creed, religion, sex, national origin, marital status, age, status w ith r egar d to public assistance disa or other non -job- related factors. 2. Just and equitable incentives and conditions of employment shall be established and maintained to promote effectiveness and economy in- the operation of the City government. 3. Positions having the same duties and responsibilities shall be classified and compensated on a uniform basis. 4. Good employee morale be promoted by consideration of the rights and interests of employees consistent with the best interests of the public and ttie City government. 5. Tenure of employees shall be subject to proper conduct, the satisfactory . performance of work, the availability of work, and the availability of funds. Section 17 -102. DEFIdITIONS. For the purpose of this ordinance, the following definitions shall apply: 1. Employer: The City of Brooklyn Center. 2. Permanent Employee: An employee who has successfully completed a • probationary period and who has been appoL.te to serve on a permanent full -time or permanent part -time basis in a position so provided in the budget or otherwise expressly established by the City Council. Section 17 -102 (continued) 3. Temporary employee: An employee who has not acquired the status of a permanent employee, and who is employed on a temporary full -time or temporary part -time basis. 4. Benefits: Privileges granted to an employee in the form of vacation leave, sick leave, holiday leaves, military leave, military induction pay, insur- ance, or severance pay. 5. Regular pay rate: An employee's hourly or monthly pay rate, excluding special allowances other than police [college] educational incentive. Section 17 - 103. POSITIONS COVERED BY THIS ORDINAIJCE. All offices and positions in the municipal employ, now existing or hereafter created, shall be subject to the provisions of this ordinance, except that: 1. The following offices and positions shall be wholly exempt from the provisions of this ordinance. a. Officials elected by the people. b. 14--mbers of boards and commissions. C. Volunteer members of the Fire Department. d. City Manager. e. City Attorney. 2. Employees covered by formal 'labor contracts with the City shall be exempt from those provisions of this ordinance which are in conflict with labor contract provisions and such employees shall be limited to the benefits provided in such labor contracts. Section 17 -104. APPOIT PRC DUKE AND CONDITIONS. 1. By City Manager. All appointments to positions in municipal service shall be made by the City Manager according to merit and fitness, consistent with the provisions of the City Charter. 2. [Relationship to Other City Personnel. Whenever possible, and with due regard for merit and fitness, the City Manager shall avoid the appoint- ment of any person when such person is related to any elected or appointed officer or permanent employee of the City.] Employment of More than One Family Member. More than one family member may not be employed within any department c�inere - they routinely interact with each other in the course of business or where one ma,7 influence the work or working conditions of another; nor may relatives be placed where they will work under the direction of the same i.iamediate supervisor. (In the application of this policy, a person shall be regarded as related if such person is a brother, sister, spouse, the lineal ancestor or descendant of the prospective employee, or the husband or wife of an�7 such brother, sister, ancestor or descendant, or the first cousin, or the spouse of the first cousin • of the prospective employee.) Section 17 --104 (continued) 3. Residency Policy. Emergency public safety response requirements dictate that a reasonable public polio be established for police officer resi- dency. It is thereby declared that within eighteen months after original appointment, police officers shall corply with the following residence requirements : All sworn personnel must establish his or her residence so that the driving time between his or her residence and the police station will be no more than thirty (30) minutes. Any officer residing east of the Mississippi River, and who would use either Interstate 694 Bridge or the Camden Bridge in Minneapolis, must establish his or her residence so that the driving time from his or her residence to either of the aforementioned bridges is no more than fifteen (15) minutes. Section 17 -105. PRC MOTION FRC14 WITHINT 7TTE SFWTCE. It shall be the policy to fill nonmanagement vacancies in the municipal service by promotion of permanent employees insofar as consistent with accepted management practices; to post notice of intent to fill such vacancies for five days; and, in case of equal qualifications, to give consideration to length of service. Section 17 -106. PRGBATIONPM PERIOD. 1. Purpose. The probationary period shall be regarded as an integral part of the examination process and shall be utilized for: a. Closely observing employees' work. b. Securing the most effective adjustment of employees to their positions. c. Dismissing employees whose performances do not meet required work standards. 2. Duration. All original permanent appointments shall be probationary. Nonpolice employees shall be subject to a probationary period of six months service after appointment. At any time during the pro - bationary period employees may be transferred or dismissed if their performances do not meet the requirements for the position as defined by the City Manager. 3. Applies to Promotions. Promotion shall be subject to a probationary period of six months. If employees who have been promoted are found unsuited for the work of the positions to which promoted, they may be reinstated to the position and rate of pay of the position-from- which promoted, so long as a vacancy exists. 4. Affects Ieave.Benefits. During the initial probationary period, but not during a promotional probationary period, employees will not be entitled to sick leave or vacation leave during the first six M the of service. After six months of service employees will be entitled to sick leave and vacation leave, the sick leave and vacation leave to be accrued from the start of the probationary employment. Section 17 -106 (continued) 5. How Completed. Three weeks before employees have completed their proba- tionary service, their respective department heads shall evaluate their records and performances. If the employees' records and performances are satisfactory, the department neads shall so certify to the City Manager and, upon approval.of the City Manager, these employees shall thereupon assume the status of permanent employees. If the employees' records and /or performances are found to be unsatisfactory at any time during the probationary period, the department heads shall so certify to the City Manager and the City Manager may, upon written notice, terminate the employees immediately. If employee performances are found to be marginal during the probationary period, the City Manager and a respective employee may mutually agree to an extension of the probationary period to permit further possible satisfactory development. Section 17 -107. COMPENSATION 1. [All employees of the City of Brooklyn Center shall be compensated within wage and salary schedules established annually by the City Council, provided, nowever, that the City Council may amend such schedules at any time that it deems necessary in the interest of good personnel adminis- tration as recommended by the City Manager.] An Employee Position and Classification Plat; shall be adopted by the City Council and shall constitute the official compensation plan for all positions in the municipal service, except where labor agreements take precedence. The City Council may amend the Employee Position and Classification Plan at any time that it deems necessary in the interest of good personnel administration as recommended by the City Manager. 2. Any. wage or salary so established shall represent the total remuneration for employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business., Unless approved by the apuointing aurhority, no employee shall receive pay from a municipality in addition to that aurhoized for any position or positions to which [he has] they have been appointed. TI - Lis shall not be construed to prevent employees from working in more than one position when authorized by the City Manager. Section 17 -108. WORK PERIODS. 1. regular Work Day and Week. Except for [sworn] employees in the Police Department, the full -time regular workweek shall be forty hours, generally with at least two consecutive days off each week and the regular workday generally shall be eight working hours. Management personnel shall work . such additional 'hours necessary to satisfactorily fulfill the duties of their position. 2. Police Work Year. [Sworn employees in the Police Department shall annually accrue a minimum work year consisting of a number of hours equal to eight (8) times the number of days in a respective year, excluding Saturdays, - enr ems in the Police and Sundays.] for sworn to The normal work year o employees Department is two t't.ous and eight, hours (2080) to be accounted for by each employee Enrough hours on assigned shifts, holidays, assign training, and au thor iz ed leave tine. Not in this section shall be interpreted to he a guarantee of a rdnimum or maximum number of hours the LYaplo ;cr nv_ assign aaplo;ees. Section 17 -108 (continued) 3. Full -Time Service. Full -tine service is work for the number of hours • which make up the regularly scheduled weekly or other period of service in a particular classification, exclusive of leave with pay. 4. Pro -Rata Basis. Whenever permanent employees work for a period of less than the regularly established =u per of hours a day, days a week, or weeks a 'e same relationship month the an id shall bear the to the Pa full -time monthly rate for the classification as the time actually worked nears to the time required for full -time service. Section 17 -10 9._ CALCULATION OF HOURLY RATES. Hourly compensation rates II shall be determined by dividing the annual wage (twelve times the monthly wage) set for a classification by the number of hours equal to eight times the number of days in the given year, excluding Sautrdays and Sundays. R Section 17 -110. OVERTLME AMD CALL -BACK PAYM.a. 1. Pursuant to federal and state wage and hour laws, authorized overtime work in excess of the [regular workweek] scheduled workday performed by persons other than the City and exempted executives, administrators and professional employees, shall be compensated for at one and one -half times their regular rate of pay. 2. A permanent employee given less than twenty -four hours notice for a call -back to duty at a time other than [his] their normally scheduled work period shall be compensated at one and one -ha.lf times the employee's • regular pay rate for hours worked outside of the scheduled work period. Section 17 -111. VACATION LEAVE. 1. Amount. Permanent employees shall earn vacation leave at the rate of five- sixths of one working day for each calendar month of full -time service or major fraction thereof. Permanent employees with five consecutive years of service through ten consecutive years of service shall earn vacation leave at the rate of fifteen working days per year (1 -1/ 4 days per month.) Permanent employees with more than ten con - secutive years of service shall earn vacation leave according to the - following schedule: During lith year of service 16 working days per year (1 -1/3 days /mo.) During 12th year of service 17 working days per year (1 -5/12 days /mo.) During 13th year of service 18 workinn days per year (1 -1/2 days /n - 0.) During 14th year of service 19 working days per year (1 -7/12 days /mo.) During 15th year of service 20 working days per year (1 -2/3 days /mo.) Uaployees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave. 2. Usage. Vacation leave may be used as earned, except that the Cite Manager shall approve the time at which the vacation leave may be taken. Section 17 -111 (continued) 3. Accrual. Employees with less than five years of service may accrue a maxi mi of fifteen working days vacation leave. Employees with • five to fifteen consecutive years 'of service may accrue a Trax -im mt of twenty working da =s vacation leave. Employees with fifteen consecutive years or more of service may accrue a maximum of twenty -five working days vacation leave. Accruals in excess of the established maximuims may be granted by the City Manager in the best- interests of the City. 4. Termination Provisions. Employees leaving the municipal service -in good standing, after having given proper notice of termination of emplojnnent, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. 5. Waiving Vacation Prohibited. Employees shall not be permitted to waive vacation leave and receive double pay. Section 17 -112. SICK LEAVE. 1. Eligibility. Sick leave with pay shall be granted to probationary and permanent employees at the, rate of one working day for eacil calendar month of full -time service or major fraction thereof. 2. Usage. 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. Inmiediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave main be used for the purpose of attending the funeral of imme- diate family members plus 'brothers -in -law, sisters -in- -law, grand- parents, grandparents -in -law, and grandchildren of the employee. 3. Accrual. Sick leave shall accrue`at the rate of one day per month until 120 days have been accumulated and at the rate of one -half day per month after 120 days have been accumulated. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. [Workmen's] Workers' Compensation benefits shall be credited against the 6_a sation due employees during sick leave. 4. Procedure. In order to be eligible for sick leave with a employees th pay, � ees � must a. Notify their superior prior to the time set for the beginning of their normal workday. Section 17 -112 (continued) b. Keep their superior informed of their condition_ [if the absence is of more than three days duration.] C. [Submit medical certificates for absences exceeding three days if required by the City Manager.] Furnish a statement f_rcm a medical practitioner upon the request of the Employer. 5. Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise [permitted in this section, shall be cause for disciplinary action.] specifically authorized in Section 17 -112 (2) shall be subject to disciplinary action up to and inclixling discharge. 6. No Terminal Sick Leave. Sick leave benefits shall not be granted upon termination of employment. Section 17 -113. SEVERANCE PAY. Severance pay in the amount of [one- fourth] one -third the accumulated sick leave employees have to their credit at the time of resignation, retirement, or death shall be paid to employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Section 17 -114. MILITARY LEAVE. 1. Employees ordered by proper authority to National Guard or Reserve military service not exceeding fifteen days in any. calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the employer equal to the difference between [his] thei regular pay rate and [his] their lesser military pay. 2. nuployees 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. Section 17 -115. LFAVES OF ABSENCE:' 1. Leaves of absence without pay may be granted by the City Managex where the best interests of the City will not be harmed. Such leaves shall not exceed periods of ninety calendar days unless based on disability or other good reasons. Vacation and sick leave benefits shall not accrue during periods of leaves of absence without pay. Section 17 -117 (continued) 2. Major Holidays. When New Year's Day, Independence Day, Veteran's Day or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holid' -y. Iirtployees absent from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the City Manager shall for - feit their rights to holiday jay for that holiday. 3. Premium Pay. Employees who work a Monday through Friday workweek- who are required to be on duty on any holiday as set out in Para- graph 1 as qualified in paragraph 2, and Police Department Clerk Dispatchers who are required to be on duty on the day shift on Thanksgiving, the mid -shift on Christmas Eve, the next succeeding night shift, and the next succeeding day shift on Christmas Day, the mid -shift on New Year's Eire, the next succeeding night shift and the next succeeding day shift on New Year's Day shall be paid time and one -half for the hours worked in addition to the holiday pay. 4. Irregular Work Schedules. In the case of those employees whose work function involves working schedules other than a Monday through Friday workweek, compensation for holidays shall be as follows: a. Compensatory time off shall be granted for each of the earned and accrued holidays defined in paragraph 1 [,plus an additional "floating"-holiday for sworn Police Department personnel and Clerk - Dispatchers.] Each time off shall. be taken as soon as practicable after the holiday for which it is accrued and as approved by the Employer. • b. Except as provided in paragraph 3 of this section,and paragraph c below, premium pay shall not.be authorized to thoses persons working irregular shifts for hours worked on holidays when such work is part of the planned schedule. c. Comp for h h ze form of p remium time and o y u� tt p one -half pay in addition to holiday pay may be authroized for employees working irregular shifts only when the City Manager deems it imperative that such compensatory time as.may be accrued be waived, with the employee's consent, in the best interests of the City. Section 1 -119. TEMPORARY EMPIMIIVIENT BENEFITS. Temporary employee,, including part-time liquor store clerks, shall not be entitled to benefits described in Section 17 -102, subsection 4. Section 17 -1 19 y RESIGI`'ATIONS .- 1. Written Resignations Required. To leave employment in good standinv , employees must submit written resignation to the Employer. Such written notices must indicate the effective date of resignation and must be submitted at least 14 calendar days before such effective date. Failure to comply with this procedure may be considered cause for denying future employment by the municipality and denial of terminal leave benefits. 2. Unauthorized Absences. Unauthorized absence from work for a period of three working days may be considered as resignation without benefits. Section 17 -120. LAYOFFS. After fourteen calendar days prior written notice, the City Manager may lay off permanent ernploypes because of shortage of work or funds, abolition of positions, or other reasons: The City Manager may lay off temporary employees with no prior notice. Permanent employees shall not be laid off while there are temporary or probationary employees serving in the same positions for which permanent employees are qualified, eligible, and available. Length of service in the same position classification shall be considered, but shall not be binding. Section 17 -121. DISCIPLINE. ^± 1. General. Employees may be warned, reprimanded, suspended, demoted, dismissed or subjected to other disciplinary measures. 2. Discipline by Department Heads and Supervisors. Department • or their representatives ma p heads y, upon their own motion or upon the recom- mendation of a subordinate supervisor, discipline employees in their departments by issuing warnings and reprimands, or by recommending suspension, demotion, or dismissal to the City Manager. Supervisors may, upon their own motion, discipline subordinates by issuing warnings and reprimands or by recommending suspension, demotion, or dismissal to a respective department head. For the purposes of this section only, department heads are the following: Director of Finance, Director of Public Works, Chief of Police, Director of Planning and Inspection, Director of Parks and Recreation' and Liquor Store Manager. Section 17 -121 (continued) 3. Discipline by City Manager. The City Manager may, upon his own motion or upon the recommienciation of a department head, discipline employees. The City Manager shall not impose disciplinary suspension for periods of greater than thirty working days for any single offense. The decision of the City Manager in such matters shall be final. 4. Procedure. In all cases of disciplinary action a dated written notice of the proposed disciplinary action shall be presented to the employee. Section 17 -122. DEMOTIONS. Employees may be demoted by the City Manager on the basis of merit, fitness or for cause. Section - 17 -123. DISMISSAL. Employees subject to the provisions of this ordinance may be dismissed from the municipal service by the City Manager on the basis of merit, fitness or for cause. Cause shall include, but not be limited to evidence of any one of the following: 1. Incompetence or ineffective performance of duties. 2. [Conviction of a felony offense or a misdemanor involving moral turpitude.] Involvement in the comati_ssion of a misdemeanor involving moral turpitude, in the commission of any gross misdemeanor, or in the commission of any felony offense. 3. Insubordination. 4. Violation of any lawful or official rule, regulation or order, or failure to obey any lawful direction made and given by a superior. 5. Intoxication on duty or the comsumption of alcoholic beverages or nonprescription drugs on duty. 6. Physical or mental defect which, in the judgement of the appointing authority, incapacitates the employee frora the proper performance of [his) their duties. (tin examination by a licensed doctor may be required and imposed by the appointing authority.) 7. wanton use of offensive conduct or lanquage toward the public, municipal officers, superiors or fellow employees. 8. Carelessness and negligence in the handling or control of municipal property. 9. Inducing or attempting to induce an officer or employee of the munici- pality to commat an unlawful act or to act in violation of any lawful and reasonable official regulation or order. 10. Soliciting or accepting any gift, gratuity, loan, reward, discount, valuable favor, or any such thing of value which is sought or offered on a basis reasonably considered to be related to City employment and not generally available to members of tide general public. 11. Deliberately filing or make a false report or official statement. 12. Proven dishonesty in the performance of duties. 1 Section 17 -123 (continued) 13. Violations of the provisions of this ordinance. 14. Holding any other public office or employment which is imccm7- patible with City employment responsibilities, as determined by the City Manager. 15._ Failure to report any interest arising from any relationship which may create a substantial conflict of interest with respect to official duties for the City of Brooklyn Center. Section 17 -124. GRIEVAXE POLICY. It is the policy of the City insofar as possible to deal promptly and fairly with grievances arising out of terms and condi tions of employment. A permanent employee claiming a grievance shall submit such grievance to the employee's supervisor who shall consider and examine the grievance and attempt to resolve it to the extent of [his] their supervisory authority. Failing at that level, the grievance may be referred by the employee to [his] their department head who shall consider and examine the grievance and attempt to resolve it. Failing at that level the employee may refer [his] the grievance to the City Manager for disposition. Failing at that level the employee may present [his] the grievance to the Public Employment Relations Board pursuant to State law.' Section 17 -125. RETIREMENr. [Ihnployees subject to this ordinance shall be auto atically retired from municipal service upon reaching sixty -five years of age, except that the City Manager may extend the employment of employees beyond age sixty -five if such continued employment is considered to be in the best interests of the City of Brooklyn Center.] The normal retirement date for an employee shall be the employees sixty -fifth (65) birthday. T employee has the option to remain in the municipal service past age 65 according to the following procedure: 1. Thirty days prior to an employee's sixty -fifth (65) birthday the Cif shall notify the employee that they have the option of retiring at age 65 or continuing their employment with the City to age seventy (70). 2. Employees must notify the City in writing, within 30 days of receipt of such notice, of their intent to continue working t beyond their sixty - fifth (65) birthday. 3. No employee shall work in any City position who has attained the age of seventy (70) years. Section 17 -126. POLITICAL ACTIVITY._ The following rules shall apply to all City e � y 1. [Campaigning for Others. No employee shall seek or accept election, nomination, or appointment as an officer of a political organization • which is taking part in a political campaign for City elective office, nor shall an employee serve as a member of a committee, nor act as spokesman of such organization. Unployees shall not seek signatures to any petition, act as a worker at the polls, use his or her name in support of candidates, nor distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or for nomination to a public office of the City.] Candidates for . Public Office. Any City empl who shall become a candidate or any elective public office of the City of Brooklyn Center shall automatically be given a leave of absence without pay until they are no longer a candidate for office, . and if elected, such employee shall resign upon taking office. Section 17 -126 (continued) 2. No employee of the City shall directly or indirectly, during their hours of emplo solicit or receive funds, or at any time use their authority or official influence to compel any City employee to apply for membe p i n or becccie a memb of any organization, or to pay or promise to pay any asses--mient, subscription, or con - tribution, or to take part in any political activity. [2],3. Voting and Seeking Office. This section shall not be construed to prevent any employee from becoming or continuing to be a member of a political club or organization or from attendance at a political meeting or from enjoying entire freedom from all interference in casting [ILis] their vote for the candidate of [his] their choice. [,nor shall construction of the section, except as provided Below, limit or restrict eriployees from seeking election or accepting appointment to elective public offices other than those of the City. Employees of the City shall not seek nor accept elective public offices of the City.] [3J 4. [Leaves of Absence. Employees seeking public elective offices other titan those of the City may be granted leaves of absence without pay during their campaigns if, in the judgment of the City Manager, such a leave would not be detrimental to the best interests of the City. However, if the needs of the City service require, the vacancy thus created by the absence of the employee may be filled and the employee terminated.] Employees shall comply with all state and federal laws governing the political activity of local government employees (Hatch Act, Minnesota Statutes 43.28). [ Section 17 -127. EMPLOYEES ADVISORY BOARD. There shall be established and amintained an a ployee's Advisory Board to serve in an advisory capacity to the City Manager in the administration of personnel programs. 1. Make -up and Selection. The Employee's Advisory Board shall consist of three employees who shall be elected by all City employees. It shall be the duty of the City Clerk to arrange for such elections. Provisions shall be made such that no two of the elected members shall be from the same department, except that no elected members shall be precluded from completing his/ term on the Employee's Advisory Board because of transfer or promotion. 2. Terms of Office. Each of the elected employee members shall serve three year terms. No board member may succeed himself/ but shall be eligible for re- election to the Advisory Board following at least a one year absence from board membership. 3. Vacancies. Board vacancies shall be filled through appointment by remaining board members if the unexpired term of such vacancy is less than one gear. If the unexpired term is more than one year, the vacancy shall be filled by a special election of all employees. 4. Functions. The Employee's Advisory Board shall be limited to an advisory capacity to the City Manager, and members are not vested with any administrative authority beyond that which they are entitled by virture of their employment positions.] This ordinance shall become effective after adoption and upon thirty (30).days following its legal publication. Adopted this day of 19 Mayo ATTEST: Clerk t Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) i Licenses to be approved by the City Council on January 12, 1981 CIGARETTE LICENSE Dahlco Music & Vending Co. 119 State Street Ground Round Restaurant 2545 County Road 10 Duane's OK Tire 6900 Brooklyn Blvd. Duke's Standard Service 6501 Humboldt Ave. N. Ideal Drug . 6800 Humboldt Ave. N. K -Mart Corp. 5930 Earle Brown Dr. Service Systems Corp. Soo Line Building Northwestern Bell 5910 Shingle Cr. Pkwy. QkC # City Clerk 0 FOOD ESTABLISHMENT LICENSE Food Enterprises 1200 Multifoods.Bldg. Hickory Farms Mall at Brookdale t Red Owl Stores, Inc. 215 E. Excelsior Ave. * Country Store 3600 63rd Ave. N. Sanitarian �h GASOLINE SERVICE STATION LICENSE Duane's OK Tire 6900 Brooklyn Blvd. .Duke's Standard Service 6501 Humboldt Ave. N. Q. Petroleum Corp. 1505 69th Ave. N. �` L City Clerk LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lyndale Ave. N. Sanitarian t�l� MECHANICAL SYSTEMS LICENSE All Season Comfort, Inc. 55 Mound Ave. L�.�/• Buildin Official NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Indust. Rd. Evergreen Park School 7020 Dupont Ave. N. Northern States Power 4501 68th Ave. N. Plitt Brookdale Theater, 2501 County Rd. 10 Red Owl Stores, Inc. 215 E. Excelsior Ave. Country Store 3600 63rd Ave. N.' f y Sanitarian PERISHABLE VENDIiVG MACHINE LICENSE Plitt Brookdale Theater 2501 County Rd. 10 Sanitarian �G,