HomeMy WebLinkAbout1980 12-22 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER aF °
DECEMBER 22, 1980'
7:00 p.m.
1. Call to Order
2. Roll Call
3. Invocation�
4. Approval of Minutes - December 8, 1980;'
5. Open Forum
6. Subdivision Cash Performance Deposit Release
a. Willow Bluff Addition - Jinn Gilbertson
7. Reappointments to City Commissions for 1.981
8. Appoirttment to Traffic Safety Advisory Committee
--It is recommended Donald Dennis, 5842 Admiral Lane North, be
appointed to the Traf is Safety Advisory Committee.
9. Resolutions:
c?. Granting Final Approval to Industrial Development Revenue Bond Proposal
from Swenson's Carriage liouse �.
• b. Granting Final Approval to Industrial Development Revenue Bond Proposal
from Commercial Partners
C. Relaying to a Project Under the DIunici.pal Industrial Development Act;
Calling for a Public :gearing Thereon (Byerly's)
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d. Authorizing Execution of Limited Use Permit with MN /DOT f .
-This permit authorizes the City to construct and maintain a pedes Tian
.4` + path on MN /DOT right -of -way adjacent to the noise wall at Grandview
r Park.
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e. Approving and .p_uthorizing Execution of Agreement with MN /DoT for Highway
Lighting maintenance
-The proposed agreement provides that DIN /DOT will install 12 street lights
on the Shingle Creek Parkway bridge and on the Dupont Avenue bridge, and
that the City ill provide electrical rower and assume the full :q ion Y P
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and maintenance responsibility For these lights. Estimated cost to the
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City is approximately $50 per unit per year for a total of $600 per year.
f. Establishing Water Assessment Rates Effective January 1, 1981
-This resolution adjusts the water hookup rates, based on the Consumer
Price Index as per existing policy.
�, C o nstruction t 1. n POl t0 E stablish
�1unl.,i al StG.r__ Aid St reet Con..trL.ct a y
g. Amendin p
Maximu:i Assessment Rate for Residential Properties on 1981 Projects
-This resolution adjusts the maximum rates for curb and gutter and
street construction based on the construction cost index.
CITY COUNCIL AGENDA -2- December 22, 1980
h. Setting Final Date for Submittal of Petitions.for Local Improvements
-1981
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i. Authorizing Execution of an Agreement for Professional Services with
Orr- Schelen- Mayeron, Inc. for Construction Supervision Services
Relating to Reconstruction of Lift Station No. 2 (Located at Lyndale
and 55th Avenue) -ti ,
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- Remodeling of the lift station is necessitated by the I -94 construction.
At the same time it is proposed to add a standby power plant at this,
site at City cost. Previous authorization has been granted to employ
O-S -M for the design of these improvements. The proposed resolution
would authorize execution of the agreement covering supervision and
inspection of construction, subject to MST /DOT approval. Upon receipt
of this tentative agreement, MN /DOT will prepare a cooperative agree-
ment covering both the actual construction contract and this agreement
for construction supervision.
j. Approving Supplemental Agreement No. 4 to Contract 1980 -A (53rd Avenue
Improvements) <,
-This approves miscellaneous construction items completed for which no
specific payment items were established in the Contract. Total cost
is $5,986.21.
k. Establishing Public Hearing on Proposed Reassessment of Improvement
Project 3- 978 -17 (Water Main - Brookdale Estates)
t 1. Setting singes and Salaries for the Calendar Year 1981''.
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M. Transferring Funds from Revenue Sharing to General Fund
` n, Regarding 1980 Year End Budget Adjustments
0. Authorizing the Purchase of 3,000 lbs. Grass Seed
-It is recommended the bid of Turf Supply in the amount of $1.08 per
pound for a total of $3,240 be accepted.
p. Authorizing the Purchase of 800 Treated Posts
. -It is recommended the quote of MacGillis & Gibbs Company in the amount
of $3,200 be accepted.
q. authorizing the Purchase of One Tandem Axle Dump Truck (Diesel)
-It is recommended the bid of Boyer Ford in the amount of $47,209.86
be accepted.
r. Authorizing the Purchase of One Compact 1/4 Ton Pickup Truck
-It is recommended the quotation of Brookdale Ford in the amount of
$5,645 be accepted.
S. Authorizing the Purchase of 600 Sign Posts
-It is recommended the bid of M -R Sign Company, Inc. in the amount of
$5.49 per sign post for a total of $3,294 be accepted.
CITY" °COUNCIL AGENDA -3- December 22, 1980
10. Continue Public Hearing on Consideration of Special Use Permit for "Snacks
'n Nick Nacks" (8:00 p.m.)
11. Planning Commission Items (8:15 p.m.)
a. Application No. 80038 submitted by K -Mart Corporation for site and building
plan approval for a new garden shop and special use permit approval for
operation of the auto center at 3600 - 63rd Avenue North. This application
was tabled at the Commission's October 9, 1980 meeting and the Planning
Commission recommended approval of Application No. 80038 at its October 23,
` 1980 meeting. Consideration of Application No. 80038 was requested to be
deferred to the December 22, 1980 meeting by K -Mart.
b. Application No. 80039 submitted by K -Mart Corporation for preliminary
RLS approval to combine three existing tracts at 3600 - 63rd Avenue North
into a single parcel. This application was tabled by the Commission at
its October 9, 1980 meeting and the Planning Commission recommended
approval of Application No. 80039 at its October 23, 1980 meeting.
Consideration of Application No. 80039 was requested to be deferred to
the December 22, 1980 meeting by K -Mart.
12. An Ordinance Amending the City's Personnel Policies
-The ordinance amendment addresses several sections of the current personnel
ordinance to bring it into compliance with current State and Federal law.
The ordinance is recommended for a first reading.
13. Approval of MAPSI Contract for 1981.
14. Discussion Items:
a. Police Department Liquor License Annual Report
b. City Council Salaries for 1981
C. Council Meeting Schedule for 1981
»n d. Human Rights Commission Chemical Dependency Seminar
-The Human Rights Commission is requesting funding for honorariums for
speakers at the seminar and also printing costs for the brochure
announcing the seminar.
e. Consideration of Insurance Proposals
-The Director of Finance has requested quotations from the League of
Minnesota Cities Insurance Trust. The staff will be prepared to
discuss this item in more detail at the meeting.
15. Licenses
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16. Adjournment
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NOTE RESOLUTION
CITY OF BROOKLYN CENTER
$600,000 COMMERCIAL• "DEVELOPMENT
CONSTRUCTION REVENUE NOTE OF 1980
(S & S REAL ESTATE PROJECT)
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ADOPTED:. DECEMBER 22, 1980
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# NOTE RESOLUTION
3 (This Table of Contents is not a part of this
:. Resolution, but is included for convenience only)
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TABLE OF CONTENTS
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Page
` ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION
AND FINDINGS ..... ............................... 1
Section 1 -1. Definitions ....................... 1
Section 1 -2. Legal Au'thorization .............. 3
S ection 1 - 3. Findings ............ 0.0.0.0...... 3
Section 1 -4. Authorization and Ratification
of Project ...............:.....•. 5
Section 1 -5. Authorization of Permanent Tax
Exempt Fi nancing ................. 5
ARTICLE NOTE .................. •.,.......:...... 7
Section 2 -1. Authorized Amount and Form
of Note........ .................. 7
Section 2 -2. The Note......................:... 7
Section 2 -3. Execution ........................ 7
Section 2 -4. Delivery of Note...........:...... 7
Section 2 -5. Registration of Transfer......... 8
Section 2 -6. Mutilated, Lost or Destroyed
N ote ... . . . . . . . . . • . . . . . . . . . . . . . : . . . -8
Section 2 -7. Ownership of Note ................ 9
Section 2 -8. Limitation on Nate Transfers..... 9
ARTICLE THREE GENERAL COVENANTS
fi. Section 3 -1. Payment of Principal and
Interest ......................... 10
R Section 3 -2. Performance of and Authority
f or Covenants...... ............ 10
Section 3 -3. Enforcement and Performance
of Covenants ..................... 10
Section 3 -4. Nature of Security ............... 11
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ARTICLE FOUR - MISCELLANY ;OUS ........................ 12
Section 4 -1. Severability .................... 12
Section 4 -2. Authentication of Transcript.... 12
Section 4 -3. Registration of Resolution...... 12
Section 4 -4. Authorization to Execute
Agreements ...................... 12
SIGNATURES........... ............................... 13
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NOTE
RESOLUTION
BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, as follows:
ARTICLE ONE
DEFININTIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions
The terms used herein, unless the context hereof
shall require otherwise shall have the following Meanings, and
any other terms defined in the Loan Aqreement shall have the
} r same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another
or different meaning or intent.
Ac t: the Minnesota Municipal Industrial Development Act,
,j Minnesota Statutes, Chapter 474, as amended;
r A ssignment of Leases and Rents the agreement to be
executed by the Borrower assigning all the rents, issues and
profits derived from the Project to the Lender to secure the
•x repayment of the Note;
Bond Counsel the firm of Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, and any
opinion of Bond Counsel shall be a written opinion signed by
such Counsel;
Borrower S & S Real Estate, a Minnesota general
partnership consisting of Dale Swenson and Duane M. Swenson,
its successors, assigns, and any surviving, resulting or
transferee business entity which may assume its obligations
under the Loan Agreement;
Citv the City of Brooklyn Center, Minnesota, its
successors and assigns;
Construction Loan Agreement the agreement to be executed
by the City, the Borrower and the Lender, relating to the
disbursement and payment of Project Costs for the accx_uisition
of the Land and the construction and installation of the
Improvements;
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` Guarant the
quaranty to be executed by ®alp. Swenson and
Duane M. Swenson in favor of the Lender, quarantyinq payment
of, among other things, the Note;
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Improvements the structures and other improvements, to
? be constructed or installed by the Borrower on the Land in
accordance with the Plans and Specifications;
Land the real property and any other easements and
j rights described in Exhibit A attached to the Loan Agreement;
Lender American National Bank and Trust Company, Saint
Paul, Minnesota, its successors and assigns;
Loan Agreement the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
T the loan of the proceeds thereof to the Borrower, including any
amendments or supplements thereto made in accordance with its
provisions;
Mortgage the Mortgage, Security Agreement and Fixture
Financing Statement to be executed by the Borrower, as
mortgagor, to the Lender, as mortgagee, securing payment of the
Note;
Municipality FinancingT Statement the UCC -1 financinq
statement to be executed by the City in connection with the
Pledge Agreement;
Note the $600,000 Commercial Development Construction
Revenue Note of 1980 (S S Real Estate Project), to be issued
by the City pursuant to this Resolution and the Loan Agreement;
Note Register the records kept by the City Clerk to
provide for the registration of transfer of ownership of the
Note;
Plans and Specifications the plans and specifications
for the construction and installation of the Improvements on
the Land, which are approved the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower.to be necessary or desirable for the
completion of the Improvements and are approved by the Lender;
# Pledge Agreement the agreement to be executed by the
City in favor of the Lender assigning certain of the City's
rights under the-Loan Agreement to the Lender to secure
repayment of the Note;
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�3 Principal Balan so much of the principal sum on the
Note as from time to time may have been advanced to or for the
benefit of the City and remains unpaid at any time;
Pro ject: the Land and Improvements as they may at any
time exist;
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Project Costs the total of all "Construction Costs" and
`? "Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution this Resolution of the City adopted December
22, 1980, together with any supplement or amendment thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,"
"hereof" and "hereunder" and other =words of similar import
refer to this Resolution as a whole not to any particular
'4 Article, Section or subdivision.
1 --2. Leqal Authorization.
The Cit P
is a political subdivision i vision of the State of
Minnesota and is authorized under the Act and the City Charter
to initiate the revenue producing project herein referred to,
and to issue and sell the Note for the purpose, in the manner
and upon the terms and conditions set forth in the Act and in
this Resolution.
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`1 -3. Findings
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The City Council has heretofore determined, and does
hereby determine, as follows:
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(1) The City is authorized by the Act and the City
Charter to enter into a Loan Agreement for the public purposes
expressed in the Act;
(2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
_- consisting of certain property all as more fully described in
` the Loan Agreement and which will be of the character and
;f accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the Pledge Agreement, the Municipality
Financinq Statenent, the Note and the Construction Loan
Agreement, which documents specify and conditions of
the acquisition and financing of the Project;
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a (3) in authorizing the Project the City's purpose is, and
j in its judgment the effect thereof will be, to promote the
public welfare by: the attraction, encouragement and
:I development of economically sound industry and commerce so as
to prevent, so far as possible, the emergence of blighted and
marginal lands and areas of chronic unemployment; the develop -
gent of revenue - producing enterprises to use the available
resources of the community, in order to retain the benefit of
the community's existing investment in educational and public
service facilities; the haltinq of the movement of talented,
educated personnel of all ages to other areas thus preserving
the economic and human resources needed as a base for providing
governmental services and facilities; the provision of acces-
sible employment opportunities for-residents in the area; the
expansion of an adequate tax base to finance the increase in
the amount and cost of governmental services, including
educational services for the school district serving the
community in which the Project is situated;
' (4) the amount estimated to be necessary to partially
finance the Project Costs, including the costs and estimated
costs permitted by Section 474.05 of the Act, will require the
issuance of the Note in the principal amount of $600,000.00 as
hereinafter provided;
• (5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of partially financing the Project;
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(6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
anv constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge
against the general credit or taxing powers of the City and
neither the full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or interest
thereon; and
(7) The Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
(A) of Section 103(b)(6) of the Code with respect to an issue
of $1,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
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Authorization and Rati fication of Project
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
474.03(7) of the Act and the City Charter and subject to the
terms and conditions set forth in the Construction Loan
Agreement, to provide for the construction and installation of
the Project pursuant to the Plans and Specifications by such
means as shall be available to the Borrower and in the manner
determined by the Borrower, and without advertisement for bids
I" as may be required for the construction and acquisition of
municipal facilities; and the City hereby ratifies, affirms,
and approves all actions heretofore taken by the Borrower
consistent with and in anticipation of such authority and in
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compliance with the Plans and Specifications.
1 -5. Authorization of Permanent Tax Exempt
Financinq
'-; (1) The City hereby determineL- that the financing_ for the
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Project is intended to consist of
j ( a) the Note and the $150,000
Commercial Develonment Construction Revenue Note of 1980 (S & S
Real Estate Project) to be issued by the City to provide
interim construction financing, (b) a conventional stand -bv
loan, if necessary, and (c) a tax exempt permanent loan to take
out either the Note, or, if made, the stand -bv loan; that in
i; order to induce the Lender_ to provide the construction loan and
to purchase the Note, a stand -by take -out commitment has been
secured by the Borrower under the terms_ of which the stand -by
` lender will, if a permanent tax exempt loan cannot later be
secured, loan the Borrower on a conventional basis funds
I .1 necessary to pay the principal and accrued interest on the
construction loan evidenced by the Note; that such stand -by
loan will be secured by a new mortgage and will be evidenced by
a conventional note from the Borrower to the stand-by lender;
that the City will not be a party to the stand -by loan; that
x the stand -by loan itself will be in the nature of an interim
loan since according to the terms of the stand -by commitment
the conventional note must be paid off within three years; and
that the Borrower is presently seeking a permanent tax exempt
loan commitment to replace the stand -by loan commitment.
(2) In order to induce the Borrower to undertake the
Project and the Lender to purchase the Note and pursuant to
Section 474.07 and other relevant portions of the Act, the City
herehv authorizes permanent tax exempt financing and covenants
to exercise its best efforts to provide such financing for the
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Project in an amount riot to exceed $1,000,000 for the purpose
of (a) reimbursing tie Borrower for Project Costs not financed
from the proceeds of the Note and (b) taking out the Note or
the stand -bv loan, if made, in the form of industrial
development revenue bonds or a mortgage revenue note or notes.
(3) This approval and authorization is subject to such
conditions as the City customarily requires for -such financinq .
and subject to agreement as to details by the City,•the
Borrower and the Permanent Lender or Underwriter.
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ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note
The Note issued pursuant to this Resolution shall*be,
in substantially the form attached hereto as Exhibit A,-with
such appropriate variations, omissions and insertions as are
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $600,000 unless a duplicate. Note
is issued
pursuant to Section 2 -6.
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2 -2. The Note
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The Note shall be dated,as of the date of delivery,
shall be payable at the times and in the manner, shall bear
interest at the rate, and shall be. subject to such other terms_
and conditions as are set forth therein.
2 -3. Execution.
The Note shall be executed on behalf of the City by
• the signatures of its Mayor and Manager and shall be sealed
with the seal of the City. In case any officer whose signature
shall appear on the Note shall cease.to be such officer before
the delivery of the Note, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such
officers had remained in office until delivery.
2 -4. Delivery of Note
Before delivery of the Note there shall be filed with
the Lender (except to the extent waived by the Lender) the
following items:
(1) an executed copy of each of the following documents:
(A) the Loan Agreement;
(B) the Pledge Agreement;
3 (C) the Mortgage;
(D) the Assignment of Leases and Rents;
(E) the Construction Loan Aqreement;
(F) the Guaranty;
the Municipality Fina.ncinq Statement.
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(2) an opinion of Counsel for the Borrower in scope and
substance satisfactory to bond Counsel and the Lender as to the
authority of the Borrower to,enter into the transaction and
other related matters;
{ (3) the opinion of Bond Counsel as to the validity and
tax exempt status of the Note;
(4) a Mortgagee's title insurance policy, or at the
option of the Lender a commitment for such policy, issued by
Title Insurance Company of Minnesota in the amount of $600,000
insuring the Mortqaqe as a first and prior lien on the Land
subject only to such exceptions as are acceptable to the
Lender;
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(5) such other documents and opinions as Bond Counsel may
reasonably require for purposes of rendering its opinion
required in subsection (3) above or that the Lender may require
for the closing.
-` - Upon delivery of the Note, the Lender is authorized
to advance funds on behalf of the City for payment of Project
Costs upon receipt of such-supporting documentation as the
Lender may deem reasonably necessary, including compliance with
such provisions of the Construction Loan Agreement as the
• Lender may deem necessary. The Lender or the Borrower shall
provide the City with a full accounting of all funds disbursed
for Project Costs.
2 -5. 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
registration of transfers of ownership of the Note. The Note
shall be transferable upon the Note Register by the Lender in
i person or by its agent duly authorized in writing, upon
surrender of the Note together with a written instrument of
transfer satisfactory to the City Attorney, duly executed by
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the Lender or its duly authorized agent. Upon such transfer
the City Clerk shall note the date of registration and the name
and address of the new Lender in the Note Register and in the.
registration blank appearing on the Note.
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2 -6. Mutilated, Lost or Destroyed Note
' In case any Note issued hereunder shall become
mutilated or be destroyed or lost, the City shall, if not then
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prohibited by law, cause to be executed and delivered, a new
Note of original principal amount, number and tenor in exchange
and substitution for and upon cancellation of such mutilated
Note, or in lieu of and in substitution for such Note destroyed
or lost, upon the Lender's paying the reasonable expenses and
charges of the City in' connection therewith, and in the case of
a Note destroyed or lost, the filing with the City of evidence
1 satisfactory to the City that such Note was destroyed or lost;
f and furnishing the City with indemnity satisfactory to'it. If
the mutilated, destroyed or lost Note has already matured or
been called for redemption in accordance with its terms it
shall not be necessary to issue a new Note prior to payment.
2 -7. Ownership of Note
y The City may deem and treat the person in whose name
the Mote is last registered in the Note Register and by
notation on the Note whether or not such Note shall be overdue,
as the absolute owner of such Note for the purpose of receiving
payment of or on account of the Principal Balance, redemption
price or interest and for all other purposes whatsoever, and
the City shall not be affected by any notice to the contrary.
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268. Limitation on Note Transfers
•' The Nate has been i "sued without registration under
state or other securities laws, pursuant to an exemption for
such issuance; and accordingly the Note may not'be assigned or
transferred in whole or part, nor may a participation interest
in the Note be qiven pursuant to any participation agreement,
except in accordance with an applicable exemption-from such
registration requirements.
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ARTICLE THREE
GENERAL COVENANTS
3 -1. Payment of Principal and Interest
The City covenants that it will promptly pay or cause
to be paid the principal of and interest on the Note at the
place, on the dates, from the source and in the manner provided
herein and in the Note. The principal and interest are payable
solely from and secured by revenues and proceeds.derived from
the Loan Agreement, the Mortgage, the Guaranty and the
Assignment of Leases and Rents, which revenues and proceeds are
'! hereby specifically pledged to the payment thereof in the
manner and to the extent specified in the Note, the Loan
i { Agreement, the Mortqage, the Guarantv and the Assiqnment of
'a Leases and Rents; and nothing in the Note or in this Resolution
shall be considered as assigning, pledging or otherwise
encumbering any other funds or assets of the City.
3 -2. Performan of and Authority for Covenants
The City covenants that it will faithfully perform at
all times any and all covenants, undertakings, stipulations and
provisions contained in this Resolution, in the Note executed,
authenticated and delivered hereunder and in all proceedings of
the City Council pertaining thereto; that it is duly authorized
under the Constitution and laws of the State'of Minnesota
including particularly and without limitation the-Act, to issue
the Note authorized hereby, pledge the revenues and assign the
Loan Agreement in the manner and to the extent set forth in
this Resolution, the Note, and the Loan Agreement and the
'3 Pledge Agree-.ient; that all action on its part for the issuance
of the Note and for the execution and delivery thereof has been
t duly and effectively taken; and that the Note in the hands of
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the Lender is and will be a valid and enforceable obligation of
the Citv accordinq to the terms thereof.
3 -3. Enforcement and Performance of Covenants
The Citv agrees to perform all covenants and other
provisions pertaining to the City contained in the Note, the
Loan Agreement, the Pledge Agreement and the Construction Loan
Agreement.
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3 --4.. Nat ure of Security.
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` Notwithstandinq anvthinq contained in the Note, the
` Mortgage, the Assiqnment of Leases and Rents, the Loan
4 Aqreement or any other document referred to in Sectin 2 -4 to
the contrary, under the provisions of the Act the Note may not
` be payable from or be a charge upon any funds of the City other
than the revenues and proceeds pledged to the payment thereof,
nor shall the City be subject to any. liability thereon, nor
shall the Note otherwise contribute or give rise to a pecuniary
liability of the City or, to the extent permitted by law, any
of the City's officers, employees and agents. 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
thereon, or to enforce payment thereof against any property of
the City; and the Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the City;
and the Note shall not constitute a debt of the City within the
meaning of any constitutional or statutory.,limitation; but
nothing in the Act impairs the rights of the Lender to enforce
}' the covenants made for the security thereof as provided in this
Resolution, the Loan Agreement, the Mortgage, the Assignment of
Leases and Rents, the Construction Loan Agreement,.the Guaranty
and in the Act, and by authority of the Act the City has made
the covenants and agreements herein for the benefit of the
Lender;'provided that in any event, the agreement of the City
to perform or enforce the covenants and other provisions
contained in the Note, the Loan Aqreement, the Pledge Agreement
and the Construction Loan Agreement shall be subject at ail
times to the availability of revenues under the Loan Aqreement
sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject to any
personal or pecuniary liability thereon.
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ARTICLE FOUR
MISCELLANEOUS
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4 -1. Severability
If any provision of this Resolution shall be held or
deemed to be or shall, in fact, be inoperative or unenforceable
as applied in any particular case in any jurisdiction or
Jurisdictions or in all jurisdictions or in all cases because
it conflicts with any provisions of any constitution or statute
or rule or public policy, or for any other reason, such
circumstances shall not have the effect of renderin g the
provision in question inoperative or unenforceable in any other
case or circumstance, or of rendering any other provision or
-provisions herein contained invalid, inoperative, or
j unenforceable to any extent whatever. The invalidity of any
one or more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining portions of
this Resolution or any part thereof.
4 -2. Authentication of T ranscr ipt .
The officers of the City are directed to furnish to
Bond Counsel certified copies of this Resolution and all
'': • documents referred to herein - 'and affidavits or certificates as
to all other matters which are reasonably necessary to evidence
the validity of the Note. All such certified copies,
certificates and affidavits, including any heretofore
furnished, shall constitute recitals of the City as to the
I' correctness of all statements contained therein...
4 -3. Registration of Resolution
The City Manager is authorized and directed to cause
a copy of this Resolution to be filed with the Director of
Finance of Hennepin County, and to obtain from •said Director of
y Finance a certificate that the Note as a bond of the City has
been duly entered upon his bond register.
4-4. Authorization to Execute Agreements
The forms of the proposed Loan Agreement, the Pledge
Aqreement, the Municipality Financing Statement and the
l Construction Loan Aqreement are hereby approved in
# substantially the form heretofore presented to the City
Council; and the'Mayor, the Manager and the City Clerk are
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authorized to execute the Loan Agreement, the Pledge Agreement,
the Municipality Financinq Statement and the Construction Loan
' Agreement in the name of and on behalf of the City with such
changes as may be approved by the City Attorney and to execute
such other documents as Bond Counsel consider appropriate in
connection with the issuance of the Note. In the event of the
absence or disability of the Mayor, the Manaqer or the Clerk
such officers of the City as, in the opinion of the City
Attorney, may act in their behalf, shall without further act or
authorization of the City Council do all things and execute all
instruments and documents required to be done or executed by
j
such absent or disabled officers.
Adopted: December 22, 1980
Mayor." of the City of
Brooklyn Center
Attest:
City Clerk
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EXHIBIT A
1
$600,000
COMMERCIAL DEVELOPMENT CONSTRUCTION REVENUE NOTE OF 1980
(S & S REAL ESTATE PROJECT)
ISSUED BY
CITY OF BROOKLYN CENTER
TO
AMERICAN NATIONAL BANK AND.TRUST COMPANY
Dated: December , 1980
l
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This instrument was drafted by:
WINTHROP, WEINSTINE & SEXTON
2380 American National Bank Building
'j Saint Paul, Minnesota 55101
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
i,
CITY OF BROOKLYN CENTER
Commercial Development Construction Revenue Note of 1980
(S & S Real Estate Project)
$600,000.00
r 1. FOR VALUE RECEIVED, the CITY OF BROOKLYN CENTER, Hennepin County,
State of Minnesota ( "the Municipality "), hereby promises to pay to AMERICAN
NATIONAL BANK AND TRUST COMPANY, a national banking association with its main
j l banking house located in Saint Paul, Minnesota ( "the Lender "), its successors or registered
assigns, from the source and in the mariner hereinafter provided, the principal sum of SIX
HUNDRED THOUSAND AND 00/100 DOLLARS ($600,000.00), or so much thereof which
has been advanced to or for the benefit of the ?vIunicipality pursuant to that certain
'! construction loan agreement of even date herewith by and among the Municipality, the
Lender and S & S Real Estate, a Minnesota general partnership ('Borrower ") (said
construction -'loan agreement hereinafter referred to as the "Construction Loan Agree-
ment "), and which remains unpaid from time to time ( "the Principal Balance "), with
interest thereon at a rate equal at all times to (unless otherwise specified herein) the
greater of W..70 times the Prime Rate of Interest as the same changes from time to time
and is adjusted in the manner hereinafter set forth, or (ii) prior to December 31, 1981,
nine percent (9 %) per annum, and on and after said date, ten and one -half percent 0OY2 n)
per annum, accruing as of the date hereof, in any 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.
2. Accrued interest shall be calculated, billed, due and payable monthly on the first
(1st) day of each calendar month commencing February 1, 1981, and continuing thereafter
. until the Principal Balance is paid in full, and the Principal Balance plus accrued interest
thereon shall be due and payable in full on November 7, 1982 ( "Final Maturity Date ").
3. All payments. made by or for the account of the Municipality hereunder shall, at the
option of the Lender, first be applied to any late charges due hereunder, next to accrued
utterest and the remainder thereof to the Principal Balance.
4. If the interest on this Note should become subject to federal income taxation
pursuant to a Determination of Taxability, then the rate of interest hereunder shall -be
automatically increased, and shall thereafter be equal at all times, to the greater of W
two percent (2,') per annum in excess of the Prime Rate of Interest as the same changes
from time to time and be adjusted in the manner hereinafter set forth, or (ii) prior to
December 31, 1981, twelve percent (12 %) per annum and on and after said date thirteen
and one -half percent 0311 %) per annum. In such event, the Lender shall also be entitled
# £- to receive and the Municipality shall pay an amount equal to the aggregate difference
between (i) the monthly payments of accrued interest theretofore made to the Lender on
this Note between the date of receipt of such Determination of Taxability by the Lender
and the Date of Taxability, and (ii) the monthly payments of accrued interest which would
have been made during such period if said increased rate of interest had been in effect
throughout such period. If any party contests or appeals a Determination of Taxability
and subsequently prevails on such contest or appeal, the foregoing charge plus any interest
paid by the Municipality at such increased rate of interest shall be refunded, without
interest, by the Lender to the !Municipality. in addition, if the Lender and the
Construction Loan Agreement, receives a Determination of Taxability and the Determina-
tion of Taxability is not subject to further appeal or contest, the Lender shall have the
right to declare an Event of Default under Section 15 hereof and to take any of the
remedial steps provided for in said Section 15. The obligation of the ,Municipality to pay
such additional charge shall survive full payment and satisfaction of this Note.
5. Interest shall be computed on the basis of a 360 day year, but charged for the actual
number of days principal is unpaid.
6. Principal and interest and any penalty, charge or premium due hereunder shall be
payable at the principal office of the Lender, or at such other place as the Lender may
designate in writing.
7. This Note is issued by the Municipality to provide funds for a Project, as defined in
Minnesota Statutes Section 474.02, Subdivision 1(a), consisting of the acquisition of land
- located within the Municipality and constructing and equipping thereon a retail furniture
a
and interiors facility pursuant to the Loan Agreement and the Construction Loan
Agreement, and this Note is further issued pursuant to and in full compliance with the
i Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter
474 and the City Charter, and pursuant to the Resolution.
8. This Note is secured by the Pledge Agreement, the Mortgage, the Assignment of
} Leases and Rents and the Guaranty (said documents hereinafter collectively referred to as
the "Security Documents "), and is entitled to all of the security and benefits provided for
in such agreements. The disbursement of the proceeds of the loan evidenced by this Note
i
is subject to the terms and conditions of the Construction.Loan Agreement.
9. The Lender may extend the times of payment of interest and/or principal of or any
penalty, charge or premium due on this Note, including the Final Maturity Date, without
notice to or consent of any party liable hereon and without releasing any such party;
provided, however, that in no event may the Final Maturity Date be extended beyond
thirty (30) years from the date hereof.
10. This Note may be prepaid by the Municipality either in whole or in part, on the date
of any monthly installment of interest due hereunder, without premium or penalty.
11. If any payment of accrued interest hereunder is not made within ten (10) days of the
due date thereof, the Lender shall be entitled to receive, and the Municipality shall pay, a
late charge equal to four percent (4%) of the amount of such interest payment; provided,
however, that nothing contained herein shall constitute a waiver of any Event of Default
resulting from such failure of the Borrower to make such interest payment when due.
j 12. All prepayments shall, at the option of the Lender, first be applied to the
afi prepayment premium or late charges, if any, then to accrued interest and the remainder
thereof to the Principal Balance. All payments made by the Municipality or by the
Borrower for the benefit of the Municipality hereunder using Net Proceeds or proceeds
derived from the sale of any collateral securing this Note (whether or not with the
consent of the Lender) shall, unless otherwise agreed in writing, be deemed a prepayment
for purposes of this Note. No prepayment shall affect the amount or timing of any other
regular installment payment otherwise required to be made hereunder.
_2_
13. All of the agreements, conditions, covenants, .provisions and stipulations contained
in the Resolution, the Security Documents, the Loan Agreement and the Construction
Loan 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.
'
14. This Note and interest hereon and any penalty, charge or premium due hereunder are
payable by the Municipality solely from the revenues and proceeds derived from the Loan
Agreement and the Pledge Agreement, do not constitute a debt of the :Municipality within
the meaning of any constitutional or statutory limitation, are not payable from or a
charge upon any funds of the Municipality other than the revenues and proceeds pledged
by the municipality to the payment thereof, and do not give rise to a pecuniary liability of
the Municipality nor, to the extent permitted by law, of any of its officers, agents or
employees, and no holder of this Note shall ever have the right to compel an
P Y exercise of
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` the taxing power of the Municipality to pay this Note or the interest hereon or any
penalty, charge or premium due hereunder, or to enforce payment thereof against any
f property of the Municipality, and this Note does not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the Municipality except as provided
in the Pledge Agreement, and the agreement of the Municipality to perform or cause the
performance of the covenants and other provisions herein referred to shall be subject at
all times to the availability of revenues or other- funds furnished for such purpose in
accordance with the Loan Agreement, sufficient to pay all costs of such performance or
the enforcement thereof.
15. It is agreed that time is of the essence of this Note. If any Event of Default shall
occur, then the Lender shall have the right and option to declare the Principal Balance
and accrued interest thereon immediately due and payable, whereupon the Principal
' Balance plus accrued interest and any other penalties, charges and premiums shall be
immediately due and payable by the Municipality to the Lender. Failure to exercise such
option at any time shall not constitute a waiver of the right to exercise the same at any
subsequent time.
16. The remedies of the Lender, as provided herein, by law and in the Security
Documents, the Loan Agreement and the Construction Loan Agreement, are not exclusive
and shall be cumulative and concurrent and may be pursued singly, successively or
- together, at the sole discretion of the Lender, and may be exercised as often as occasion
therefor shall occur; and the failure to exercise any such right or remedy shall in no event
be construed as a waiver or release thereof.
17. The Lender 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 continuing or as a bar to or waiver
of any right or remedy as to a subsequent event.
18. This Note has been issued without registration under state or federal securities laws,
pursuant to an applicable exemption for such issuance and, accordingly, this Note may not
be assigned or transferred, in whole or in part, nor may a participation interest in this
Iote be sold pursuant to any participation agreement, except in accordance with an
applicable exemption from such registration requirements.
i 19. All capitalized terms used herein not otherwise defined herein shall have the
respective meaning assigned to such term in the Construction Loan Agreement, including,
without limitation, the following terms: Loan Agreement; Resolution; Net Proceeds;
Mortgage; Assignment of Leases and Rents; Guaranty; Project; Determination of Taxabil-
.-3—
S
... , ity; and Date of Taxability. The term "Prime Rate. of Interest" shall mean the prime of
rate of interest set from time to time by the Lender as a basis for determining the rate of
interest on commercial borrowing.
20. The Municipality hereby waives presentment, demand, protest and notices of protest
• and dishonor.
:j 21. As provided in the Resolution and subject to certain limitations set forth therein,
this Note is transferable upon the books of the Municipality at the office of the Clerk of
the Municipality by the Lender in person or by its agent duly authorized in writing, at the
Lender's expense, upon surrender hereof together with a written instrument of transfer
satisfactory to the Clerk of the Municipality duly executed by the Lender or its duly
authorized agent. Upon such transfer the Clerk of the Municipality will note the date of
' - registration and the name and address of the new registered holder in the registration
blank appearing below. The Municipality may deem and treat the person in whose name
this Note is last registered upon the books of the Municipality with such registration noted
on this Note, as the absolute owner hereof, whether or not overdue, for the purpose of
1 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 Lender or upon its order shall be valid and
effectual to satisfy and discharge the liability of the Municipality hereunder to the extent
of the sum or sums so paid, and the Municipality shall not be affected by any notice to the
contrary.
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to
k 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 Municipality has caused this Note to be duly executed in its
name by the manual signatures of the Mayor and the Manager and its seal to be affixed
hereto, and has caused this Note to be dated December , 1980. `
s °
} CITY OF BROOKLYN CENTER, MINNESOTA
« Mayor
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Countersigned:
City Manager
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(SEAL)
PROVISIONS AS TO REGISTRATION
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The ownership of the Principal Balance of this Note and the interest accruing thereon is
registered on the books of the City of Brooklyn Center, Minnesota, in the name of the
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holder last noted below.
+ Date of Signature of
Registration Name and Address of Registered Holder City Clerk
December , American National Bank and Trust Company
1980 Saint Paul, Minnesota 55101
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Council member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BROOKLYN CENTER, MINNESOTA ("CITY") AUTHORIZING THE
ISSUANCE, SALE AND DELIVERY OF THE $6,200,000 INDUSTRIAL
DEVELOPMENT REVENUE NOTE (COMMERCIAL PARTNERS/
BROOKDALE PROJECT), SERIES 1980 ( "NOTE "), WHICH NOTE
AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE
PAYABLE. SOLELY FROM THE REVENUES DERIVED FROM THE
LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHO-
RIZING THE EXECUTION AND DELIVERY OF A CONSTRUCTION
LOAN AGREEMENT, A LOAN AGREEMENT, A TRUST AGREE-
MENT AND A DISBURSING AGREEMENT; APPROVING THE FORM
OF A COMBINATION MORTGAGE, SECURITY AGREEMENT, AND
j FIXTURE FINANCING STATEMENT; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
NOTE; AND PROVIDING FOR THE SECURITIES, RIGHTS AND
REMEDIES OF THE FOLDER OF SAID NOTE
WHEREAS, the purpose of the Minnesota Municipal Industrial Development
Act, Minnesota Statutes Chapter 474, as amended (the "Act "), as found and
determined by the Legislature of the State of Minnesota, is to promote the welfare
Of the State of Minnesota by the active attraction, encouragement and develop-
.
meat of economically ound industry and commerce to prevent so far as possible
Y y p P
the emergence of blighted and marginal lands and areas of chronic unemployment,
and for this purpose the State of Minnesota has encouraged action by, local
-governmental units; and
WHEREAS, factors necessitating the active promotion and development of
economically sound industry and commerce are the increasing concentration of
population in urban and metropolitan areas, the rapidly rising increase in the
amount and cost of governmental services required to.-.meet the needs of the
increased population, and the need for development and use of land which will
provide an adequate tax base to finance these increased costs;'and
WHEREAS, the City of Brooklyn Center, Minnesota (the "City "), desires to
expand the business and employment opportunities, and the available tax base of
the City and to promote the redevelopment of property within the City; and
WHEREAS, the City is authorized by the Act to enter into a revenue
agreement with any person, firm, or public or private corporation or federal or
state governmental subdivision or agency in such manner that payments required
thereby to be made by the contracting party shall be fixed, and revised from time
- . to time as necessary, so as to produce income and revenue sufficient to provide for
the prompt payment of principal of and interest on all bonds issued under the Act
when due, and the revenue agreement shall also provide that the contracting party
shall be required to pay all expenses of the operation and maintenance of the
2
project including, but without limitation, adequate insurance thereon and insurance
ftgA n9t' 1f1lQ1iability for injury to persons or property arising from the operation
thereof, and all taxes and special assessments levied upon or with respect to the
project and payable during the term of the revenue agreement; and
WHEREAS, the Act further authorizes the City to issue revenue bonds, in
anticipation of the collection of revenues of a project, to finance, in whole or in
part, the cost of acquisition, construcion, reconstruction, improvement, better-
ment, or extension of such project; and
WHEREAS, the City has received from Commercial Partners /Brookdale (the
"Developer "), a proposal that the City finance a project for purposes consistent
with the Act, said project to consist of the construction of a commercial shopping
center complex (the "Project ") in the City; and
WHEREAS, by Resolution No. 80 -125, adopted on May 19, 1980, the City
determined that, on the basis of information provided to it by the Developer and
others, the effect of the Project, if undertaken, would be to encourage the
development of economically sound commerce in the City, increase the assessed
value of property, within the City, increase current employment opportunities for
residents of the City and surrounding areas, and to facilitate the redevelopment of
property within the City, all to the benefit of the residents and taypayers of the
City; and
WHEREAS, by Resolution No. 80 -125, adopted on May 19, 1980, - the City
approved the proposal of the Developer that the City undertake to provide
financing for the Project and gave preliminary approval of the Project, including
the issuance, sale and delivery of the Note, subject to final approval by the City;
and
WHEREAS, the Issuer proposes to undertake said Project under the Act and
-to finance the cost thereof by the issuance of the Note of the City under this
resolution as hereinafter defined; and
a
WHEREAS, the Note issued under this resolution will be secured by a
mortgage and lien on said Project and a pledge and assignment of the Loan
Agreement, as hereinafter defined and of the revenues derived by the City from
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the Loan Agreement, and said Note and the interest on said Note shall be payable
�' � P Y
solely pledged from the revenue led ed therefor and the Note shall not constitute a debt
of the er, or statutor y
y within the meanie of an constitutional, char ,
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limitation nor shall constitute nor give rise to a pecuniary liability of the City or a
charge against its general credit or taxing powers and shall not constitute a charge,
lien, or encumbrance, legal or equitable, upon any property of the City other than
its.interest in the revenues derived from the Loan Agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY:
1. That the City Council of the City finds, determines and declares that
the construction of the Project within the City will expand the business and
employment opportunities within the City, will expand the tax base of the City,
will promote the redevelopment of property within the City, and will generally aid
and assist the City, the School District in which the City is located, and the County
of Hennepin.
3
2. That for the purpose of financing the acquisition, construction, and
installation of the Project, there is 'hereby authorized the issuance, sale and
delivery of revenue bonds in the principal amount of $6,200,000. The City shall
employ its best efforts to issue its revenue bonds in order to provide permanent
financing for the Project, but the City is not presently legally obligated to issue
such revenue bonds. Such revenue bonds shall be issued on or before December 1,
1982. To provide funds immediately required for the purpose of financing the
acquisition, construction, and installation of the Project, there is hereby authorized
the issuance, sale and delivery of the $6,200,000 Industrial Development Revenue
Note (Commercial Partners /Brookdale Project), Series 1980 (the "Note"). The Note
shall bear interest at the rates, shall be numbered, shall be dated, shall mature,
shall be subject to redemption prior to maturity, shall be in such form, and shall
have such other details and provisions as are prescribed in Exhibit A attached
hereto.
3. The Note shall be a special obligation of the City the proceeds of
which shall be disbursed pursuant to the Trust Agreement, dated as of the date of
the Note and executed by the City, the First National Bank of Minneapolis (the
"Trustee "), and FBS Financial, Inc. (the "Trust Agreement "), the Construction
Loan Agreement, dated as of the date of the Note and executed by FBS Financial,
Inc. (the "Lender "), the Developer and the City (the "Construction Loan Agree-
ment ") and the Disbursing Agreement, dated as of the date of the Dote and
executed by the City, the Lender, the Trustee, Title Insurance Company of
Minnesota, and the Developer (the "Disbursing Agreement "). The principal,
premium, if any, and interest on the Note shall be payable solely from the revenues
derived from the Loan Agreement, dated as of the date of the Note and executed
by the City and the Developer (the "Loan Agreement "). The Mayor and City
Manager of the City are hereby authorized and directed to execute and deliver the
Note.
4. That the Trust Agreement, the Disbursing Agreement, the Construe -
tion Loan Agreement, the Loan Agreement, and the Assignment of Loan Agree -
ment, dated as of the date of the Note and executed by the City (the "Assignment
of Loan Agreement "), all in the form now on file with the City Clerk of the City
are hereby approved. The Mayor and City Manager of the City are hereby
authorized and directed to execute and deliver the Trust Agreement, the
r Disbursing Agreement, the Construction Loan Agreement, loan Agreement and
Assignment of Loan Agreement.
5. That the Combination Mortgage, Security Agreement, and Fixture
Financing Statement, dated as of the date of the Note and executed by the
Developer, and the Assignment of Leases and Rents, dated as of the Date of the
Note and executed by the Developer, are hereby approved in the form now on file
with the City Clerk of the City. .
6. That the Guaranty Agreement, dated as of the date of the Note and
executed by Robert M. Larsen, Alan W. Gustafson, Paul R. Anderson, and D. James
Guzy, is hereby approved in the form now on file with the City Clerk of the City.
7. That upon approval by the Mayor, and concurrence by Counsel for the
City, amendments may be made to the aforementioned documents to the extent
not inconsistent with this resolution. Such approval and concurrence shall be
evidenced by the execution of the aforementioned documents by the Mayor and the
delivery of the opinion of Counsel for the City.
4
8. That the Mayor, City Trlanarer and Clerk of the City gre hereby
authorized to execute and deliver, on behalf of the. City, such other documents as
are necessary or appropriate in connection with the issuance, sale, and delivery of
the Note.
9. That all covenants, stipulations, obligations and agreements of the
City contained in this resolution and the aforementioned documents shall be
deemed to be the covenants, stipulations, obligations and agreements of the City to
the full extent authorized or permitted by law, and all such covenants, stipulations,
obligations and agreements shall be binding upon the City. Except as otherwise
provided in this resolution, all rights, powers and privileges conferred and duties
and liabilities imposed upon the City by the provisions of this resolution or of the
aforementioned documents shall be exercised or performed by the City or by such
members of the City, or such officers, board, body or agency thereof as may be
required by law to exercise such powers and to perform such duties.
No covenant, stipulation, obligation or agreement herein contained or
. contained in the aforementioned documents shall be deemed to be a covenant,
stipulation obligation or a e
P , agreement of any member of the City Council of the
City, or any officer, agent or employee of the City in that person's individual
capacity, and neither tho City Council of the City nor any office -r executing the
Note shall be liable personally on the Note or be subject to any personal liability or
accountability by reason of the issuance thereof.
1.0. That except as herein otherwise expressly provided, nothing in this
resolution or in the aforementioned documents expressed or implied, is intended or
shill be construed to confer upon any person or firm or corporation, other than the
�- City or any holder of the Note issued under the provisions of this resolution, any
right, remedy or claim, legal or equitable, under and by reason of this resolution or
any provision hereof, this resolution, the aforementioned documents and all of their
provisions being intended to be and being for the sole and exclusive benefit of the
City and any holder from time to time of the Note issued under the provisions of
this resolution.
11. • That in case any one or more of the provisions of this resolution, or
of the aforementioned documents f
or o the Note issued hereunder shall for an
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reason be held to be illegal or invalid, such illegality or invalidity shall not affect
any other provision of this resolution, or of the aforementioned documents, or of
the Note but this resolution,
• - - , the aforementioned documents and the Note shall be
construed and endorsed as if such illegal or invalid provision had not been contained
therein,.
12. That the Note shall contain a recital that it is issued pursuant to the
Act, and such recital shall be conclusive evidence of the validity of the Note and
the regularity of the issuance thereof, and that all acts, conditions and things
required by the laws of the ' State of Minnesota relating to the adoption of this
resolution, to the issuance of the Note and to the execution of the aforementioned
documents to happen, exist and be performed precedent to and in the enactment of
this resolution, and precedent to issuance of the Note and precedent to the
execution of the aforementioned documents have happened, exist and have been
performed as so required by law.
5
t 13. That, as provided in the Trust Agreement, the Trustee shall hold and
invest the proceeds from the sale of the Note, shat pay the principal of and
interest on the Note from the revenues derived from the Loan Agreement, and
shall undertake such other duties provided in the Trust Agreement. The Trustee is
hereby appointed as Paying Agent and Note Registrar for purposes of paying the
principal of and interest on the Note on behalf of the City and for maintaining a
record of the owner of the Note and for registering any transfer of the Note.
14. That the officers of the City, attorneys, engineers and other agents
or employees of the City are hereby authorized to do all acts and things required of
them by or in connection with this resolution, the aforementioned documents, and
the Note for the full, punctual and complete performance of all the terms,
covenants and agreements contained in the Note, the aforementioned documents
and this resolution.
15. That this resolution shall be in full force and effect from and after
its passage.
6
Councilmember seconded the motion that the foregoing resolu-
tion be adopted as introduced and read, and upon roll call the "ayes," "abstain" and
"nayes" were as follows:
. Ayes Abstain Names
The Mayor thereupon declared said motion carried and adopted.
Passed and adopted this day of , 198
Mayor
Attest:
City Clerk
7
Member introduced the following resolution and
;;.... moved its adoption:
RESOLUTION 140.
RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota (the City), as follows:
Section 1. Recitals.
1.01. Ryan Construction of Minnesota, Inc. a Minnesota corporation
(hereinafter the Company) has advised this Council of its desire to acquire
land and construct a supermarket in the City for lease to Byerly's, Inc.
1.02. The City is authorized by Minnesota Statutes, Chapter 474
(the Act), to issue its revenue bonds or notes to finance capital projects
consisting of properties used and useful in connection with a revenue- producing
enterprise. The Company has requested that•the City issue its revenue bonds or
notes in an amount not exceeding $10,000,000 to finance the costs of the Project.
Section 2. Public He
2.01. Section 474.01, Subdivision 7b, of the Act requires that
?, prior to submission of an application to the Minnesota Commissioner of Securities
requesting approval of the Project as required by Section 474.01, subdivision
7a, of the Act, this Council shall conduct a public hearing on the proposal to
undertake and finance the Project. Pursuant to that provision, a public hearing
on the proposal to undertake and finance the Project is called and shall be held
on January 25, 1981, at eight o'clock p.m., at the City Hall.
2.02. The City Clerk shall cause notice of the public hearing to be
published in the official newspaper of the City, and in either the Minneapolis
Tribune or Star at least once not less than fifteen (15) nor more than thirty
(30) days prior to the date fixed for the hearing, such notice to be in sub-
stantially the attached form.
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.
NOTICE OF PUBLIC HETiRING ON A PROPOSED PROJECT AND
THE IS SUE'NCE O CO:��'�?'RCIAL D- VELOPI.!! --T REVENJIUE BONDS
r OR NOTES UNDER THE MU�7ICIPAL INDUSTRIAL DEVELOPMENT
ACT, MINNESOTA,STATUTES, CHAPTER 474, AS AMENDED
CITY OF BROOKLYN CENTER, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of
the City of Brooklyn Center, Minnesota, will meet on January
, 1981, at o'clock P.M., at the City Hall in Brooklyn.
Center for the purpose of conducting a public hearing on a
proposal that the City issue revenue bonds or notes, in one
or more series, under the Municipal Industrial Development
Act, Minnesota Statutes, Chapter 474, as amended, in order
to finance the cost of a project. The proposed project will
consist of the acquisition of land and construction of a
90,000 square foot supermarket in the City on behalf of
Ryan Construction of Minnesota, Inc. to be leased to Byerly's,
Inc. The estimated total amount of the proposed issue is
$10,000,000. The bonds or notes shall be limited obligations
of the City and the bonds or notes,'and interest thereon,
shall be payable solely from the revenue pledged to the payment
thereof, except that such bonds or notes may be secured by a
mortgage or other encumbrance on the project. No holder of
any such bond or note shall ever have the right to compel any
exercise of the taxing power of the City to pay the bonds or
notes or the interest thereon, nor to enforce payment against
any property of the City except the Project.
A draft copy of the proposed application to the
Minnesota Commissioner of Securities for approval of the
Project, together with all attachments and exhibits thereto,
is available for public inspection at the office of the City
Clerk during normal business hours.
All persons interested may appear and be heard at
the time and place set forth above.
BY ORDER OF THE CITY COUNCIL
By Allen Lindman
City Clerk
Mir introduced the following resolution
k and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXFCUTION OF LIMITED USF PERh1IT WITH 71 4N /DOT
BE IT RESOLVED BY.THE CITY COUNCIL OF THE CITY OF BROOKLYN CF=
that the Mayor and City Manager are hereby authorized to execute a limited
use permit with the State of Minnesota, Department of Transportation, for
the purpose of authorizing the City of Brooklyn Center to construct and main
tain a bituminous path on MN /DOT right -of- -way adjacent to the noise wall at
Grandview Park.
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:
3
RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING, EXECUTION OF AGRFEP'iFNr
WITH MN DOT FOR HIG11^'.AY LIGHTIl`� MAINTEIIANCE
BE IT RESOLVED that the City of Brooklyn Center enter into an
agreement with the State of Minnesota, Department of Transportation, for
the following purposes, to wit:
Tb provide maintenance and electric energy for 12 -200 watt
high pressure sodium lighting units at Trunk Highway No. 94
on Dupont Avenue 1�orth and on Shingle Creek Parkway in
accordance with the terms and conditions set forth and con-
tained in this Agreement, a copy of which was before the
Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby
are authorized to execute such agreement, and thereby assume for and on behalf
of the City all of the contracts )al obligations contained therein.
Date Mayer
ATTEST: _
Clerk
The nation 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 ESTABLISHDI G 1�]ATFR ASSEq -clvl SIT RATES =FLTIVE
JANUARY 1, 1981
1 Resolution Nos. 74 -45 and 77 -113 provided for the annual
adjustment of water assessment rates for non - single family residential and
si ngle-famil y i.n le -famil residential r
ential _ rti i
g � pone es, respectively; and
'Y=EAS, said adjustment in water assessment rates is specified in
said resolutions to be effective January 1 of each year; and
MiEREAS, said adjustment is also specified in said resolutions to
be in accordance with the annual charge in the Twin Cities Consumer Price
Index for the preceding month of October; and
'VHMFAS, the City Engineer has reported to the City Council that the
change in the 'Rain Cities Consumer Price'Index from October, 1979, to October,
1980, was an increase of $10.5
M THEREFORE, BE IT RE by the City Council of the City of
Brooklyn Center, Minnesota, that the crater assessment rates effective January
1, 1981, shall be as follows:
Y Assessment 1981 Rate
Single Family Residences $1,937.00 /lot
Frontage $19.80 /front foot
Area $6.10/100 scuare' feet
Service Hookup $455.00 /each
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
manber and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereuron said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
l/. RESOLUTION ANEISDII� MUNICIPAL STATE AID STRETT
CONSTRUCTION POLICY
WHEREAS, the City's Municipal State Aid Street policy canmrehends
the establishment of maximum assessment rates to benefitting residential
properties for street improvements to Municipal State Aid streets; and
WHEREAS, said policy provides that the maximum rates will be
adjusted annually based on current day costs; and
WHEREAS, the Director of Public Works has reported that the U.S.
Department of Labor's Consumer Price Index has increased 10.5 percent between
October, 1979 and October, 1980, and that the Engineering News Record Con -
struction Cost Index has increased 7.6 percent between December, 1979, and
October, 1981, indicating a probable increase in construction costs for 1980
of approximately 10 percent.
NOW, THEREFORE, BE IT RESOLVED by-the City Council of the City of
Brooklyn Center:
(1) that the maximum assessment rate to residential properties
, for a street paving improvement on a Municipal State Aid
lei street shall be increased from $8.50 per assessable foot
to $9.35 per assessable foot.
(2) that the maximum assessment rate to residential properties
for concrete curb and gutter installation on Municipal State
Aid streets shall be increased from $9.00 per assessable foot
to $9.90 per assessable foot.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
•
,- whereupon said resolution was declared duly passed and adopted.
�s
t; r3
Member. iritroduced the following resolution
a and moved its adoption:
RESOLUTION NO.
RESOLUTION SETI'IM FINAL, DATE FOR SUH4ITM OF PETITIONS
FOR L= IMPR0Va4E1\ S — 1981
BE IT RESOLVED BY THE COUNCIL OF THE CITY CF BROOKLYN CENTER
s that all petitions requesting the installation of local improvements during
calendar year 1981 shall be submitted to the City Engineer's office no later
than January 31, 1981. Petitions submitted later than said date will be
considered only by the special consent of a 4 /5ths majority of the City
Council. Improvements referred to herein include street grading, curb and
gutter, street surfacing, storm drainage, water mains, sanitary sewers, and
any other improvements to be installed under M.S.A. Chapter 429 proceedings.
7
a
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the.foregoing resolution vas duly seconded by
moTber
and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereur-on said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLU'T'ION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREE IT FOR PRO•-
FESSIONAL SERVICES VTM ORR- SCH=- MAYERON AND ASSOCIATES,
INC. FOR CONSTRUCTION SUPERVISIOJ1 SERVICES MATING TO
RECONSTRUCTION OF LIFT STATION NO. 2
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the P4ayor and City Manager are hereby authorized
to execute an agreement with the consulting firm of Orr- Schelen- Vayeron
and Associates, Inc., contingent upon the approval of the Minnesota Depart-
ment of Transportation (MN /DOT) for providing construction supervision
services relating to modifications to Lift Station No. 2 and of a standby
power generation system for said lift station. The maxi= fee.for said
services relating to modifications of the lift station shall be $4,785.00,
said amount to be reimbursed to the City by MN/DOT. The maxirium fee for
said services relating to the installation of a standby power generation
system at Lift Station M. 2 shall be $5,142.00, said amount to be appro-
priated from the Public Utilities Fund.
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 followings resolution
and moved its adoption:
�i
{
RESOLUTION NO..
RESOLUTION PERTAINIlN3 TO SUPPLE^ NTAL AGREFI" ( 1 T NO. 4 ZO
CONTRACT 1980 -A (53rd AVENUE IQORTH LMPROVEr1E1\1T)
MUMEAS, the City Engineer has deemed it necessary that certain
modifications be made to the contract for the 53rd Avenue North improvement
Project, said improvements incorporated into Supplemental Agreement M. 4
as follows:
Furnish and install aggregate base as required;
Remove concrete pavement under bituminous surface;
Reimburse contractor for delay costs incurred in roadway
width modification (modification ordered by City of Minneapolis);
j Reconstruct fence removed for landscaping purposes;
Construct bituminous curb as required;
Total increase in contract amount = $5,986.21.
WHEREAS, the Contractor, Thomas and Sons Construction, Inc., has
agreed to the rued .modifications.
NOW TBERFFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the above rodifications to the 53rd Avenue Tbrth improve-
ment projects are hereby approved.
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.
PROPOSED
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1981
WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn
Center states that the City Council is to fix the salary or wages of all
officers and employees of the City; and
WHEREAS, the City Council has considered salaries and wages for the
calendar year 1981 and has reviewed the 198 Employee Position and Classification
Plan; and
WHEREAS, the 1981 Employee Position and Classification Plan establishes
that pay increases will be awarded on a pay for performance basis; and
WHEREAS, the structure of the'1981 Employee Position and Classification
Plan provides for pay increases awarded for improvements in job performance; and
WHEREAS, an individual employee's movement through his or her re-
spective pay schedule reflects a progression in corresponding levels or improved
job performance: s
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages
and salaries for the calendar year 1981 by adoption the attached Position and
Classification Plan (Schedules A through K) for the calendar year 1981 which
sets ranges and maximums which the City Manager shall be authorized to pay in
classified position; and
i
BE IT FURTHER RESOLVED that the City Manager be authorized to employ
such temporary part -time and temporary full -time employees as may be necessary,
and to establish competitive rates of pay for such help consistent with the 1981
budget appropriations; and '
BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed
the maximums contained herein, shall become effective January 1, 1981; and
BE IT FURTHER RESOLVED that the City Council in recognition that labor
contract provisions are yet being negotiated with the bargaining units related
to operating engineers in the Public Works and Parks and Recreation Departments
and police officers in the Police Department extends 1980 wage rates for related
job classifications.
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
r its adoption-
• RESOLUTION No.
RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND
TO THE GENERAL FUND
WHEREAS, Section 7.11 of the City Charter does provide the City Council
with full authority to make permanent transfers between all funds which may be
created, provided that such transfers are not inconsistent with the provisions
of related covenants, the provisions of the City Charter, or State Statutes; and
WHEREAS, on October 3, 1977, the City Council adopted Resolution No. 77 -178
which approved the 1978 Annual Budget for the City and encumbered Federal Revenue
Sharing funds in the amount of $184,540 to be transferred to the GENERAL FUND sub -
sequent to the expenditure of funds by the GENERAL FUND for appropriations in said
1978 Annual Budget; and
WHEREAS, the City Council subsequently amended the 1978 Annual Budget and
encumbered additional FEDERAL REVENUE SHARING funds as follows:
Resolution No. 78 -193, August 28, 1978 in the amount of $9,586
" 78 -250, October 30, 1978 in the amount of $450
78 -287, December 18, 1978 in the amount of $3,500 and;
WHEREAS, on October 30, 1978, the City Council adopted Resolution No. 78 -242
which authorized reimbursements of expenditures made through that date in the
amount of $63,977.34; and
WHEREAS, on May 14, 1979, the City Council adopted Resolution No. 79 -108
which authorized reimbursements of expenditures made through that date in the
amount of $114,727.98; and
WHEREAS, on December 17, 1979, the City Council adopted Resolution No. 79 -291
which authorized reimbursements of expenditures made through that date in the
amount of $16,796.61; and
WHEREAS, certain expenditures have been made from the GENERAL FUND since
those previously reimbursed, and they are as follows:
Date Voucher No. Amount Vendor Purpose
12/28/78 085063 (023571) $ 240.00 C. F. Coyer Safety Boots
and
WHEREAS, on September 27, 1978, the City Council adopted Resolution No.
78 -219 which approved the 1979 Annual Budget for the City and encumbered Federal
Revenue Sharing funds in the amount of $446,273 to be transferred to the GENERAL
FUND subsequent to the expenditure of funds by the GENERAL FUND for appropriations
in said 1979 Annual Budget; and
RESOLUTION NO.
WHEREAS, the City Council subsequently amended the 1979 Annual Budget
and encumbered additional Federal Revenue Sharing funds as follows:
Resolution No. 79 -53, February 12, 1979 in the amount of $300
if It 79 -184, August 13, 1979 in the amount of $36,564
it of 79 -186, August 13, 1979 in the amount of $3,400 and
WHEREAS, on December 17, 1979, the City Council adopted Resolution
No. 79 -291 which authorized reimbursements of expenditures made through that
date in the amount of $211,264.88; and
WHEREAS, certain expenditures have been made from the GENERAL FUND, and
they are as follows:
Date Voucher No. Amount Vendor Purpose
1/23/79 023184 (22454) $ 65.20 Hirshfield's Paint
2/13/79 043583 (22917) 57.98 Warners Hardware Tape /Cement /Trowel
2/12/79 043676 (22949) 144.00 Plywood Minnesota Molding
3/12/79 071102 (23239) 110.92 Elvin Safety Supply Blanket /Traffic Cones/
• Ring Cutter
3/12/79 071126 (23244) 317.16 Federal Lumber Co. Strip /Nails /Bond
3/12/79 071184 (23262) 58.04 Hirshfield's Paint
3/12/79 071583 (23325) 38.26 Warner Hardware Cement, etc.
3/12/79 071.669 (23346) 739.20 Wallboard., Inc. Wallboards
3/26/79 085155 (23580) 79.58 Gardner Hardware Latch /Lock /etc.
• 4/9/79 099040 (23754) 16.96 Budget Power Joint Compound
4/9/79 099723 (23935) 52.00 Gustason's, Inc. Shades
4/23/79 113227 (24019) 70.41 Wm. P. Johnson Elec.Amprobe
5/14/79 134040 (24163) 8.48 Budget Power' Cement
5/14/79 134063 (24171) 360.00 C. F. Coyer Ext/Wrenches
5/14/79 134126 (24190) 153.90 Federal Lumber Max Bond /Masonite
5/14/79 134583 (24281) 12.10 Warner Hardware Tape /Mineral Spirits
5/14/79 134688 (24323) 64.00 Peabody Enterprises Window Ledge
5/29/79 149126 (24446) 225.00 Federal Lumber Co. Pine
5/29/79 149184 (.24454) 44.08 Hirshfield's Primer
6/11/79 162126 (24810) 180.04 Federal Lumber Pine
6/25/79 176034 (24991) 25.44 Broadway Rental Stud Gun Nails
7/9/79 190040 (25208) 2.26 Budget Power Lumber
7/23/79 204405 (25472) 179.50 Pickwick Intl 3 Recorders
8/13/79 225583 (:25728) 52.24 Warner Hardware Misc.
8/13/79 225664 (25745) 38.26 Knox Lumber Tape &Plaster
8/13/79 225735 (25818) 2,431.00 Twin City Garage Garage Door
8/27/79 239184 (26204) 41.66 Hirshfield's Primer /Cover
8/27/79 239704 (26318) 216.83 Wallboard, Inc. Sheet Rock
9/10/79 253126 (26577) 85.80 Federal Lumber Hardboard
9/10/79 253184 (26588) 126.56 Hirshfield's Primer
9/10/79 253667 (26682) 2,890.00 Midwest Tank Co. Tank
9/24/79 267126 (26780) 32.25 Federal Lumber Max Bond /Nails
9/24/79 267583 (26841) 36.16 Warner Hardware Trowel /Blades /Bolts/ etc.
9/24/79 267653 (26847) 21.60 Carpet Country Grippes Bar
RESOLUTION NO.
Date Voucher No Amount V Purpose
•' 9/24/79 267659 (26853) $ 41.00 Land of Lakes Tile Laticrete
9/24/79 267660 (26854) .185.63 Mid Central-Fire Boots /Helmets /Gauge
9/24/79 267661 (26855) 43.75 Plywood Minnesota Trim
9/24/79 267663 (26857) 71.50 U. S. Waco Corp. Equipment Rental
9/24/79 267681 (26875) 770.00 Twin City Door Co. Radio Control
10/9/79 282126 (26953) 167.93 Federal Lumber Max Bond /Pine
10/9/79 282717 (27088) 285.84 Insulation Sales Tile & Adhesive -
10/22/79 295660 (27215) 405.05 Stevens Electric Install Circuit
10/22/79 295661 (27216) 14.23 Wallboard, Inc. Strips
10/22/79 295040 (27149) 25.44 Budget Power Cement /Joint Compound
10/22/79 295126 (27160) 105.33 Federal Lumber Bond /Pine
10/22/79 295583 (27202) 6.92 Warner Hardware Nails /Blades
11/13/79 317682 (27472) 162.34 Wallboard, Inc. Wallboard
11/13/79 317583 (27434) 9.56 Warner Hardware Rings, Sandpaper /etc.
11/26/79 330583 (27689) 10.80 Warner Hardware Waterproof Cement
11/26/79 330652 (27694) 294.79 Insulation Sales Cove Base
11/26/79 330699 (27739) 43.75 Plywood Minnesota Molding
11/26/79 330184 (27630) 34.28 Hirshfield's Paint
11/26/79 330096 (27620) 2.08 Camden Hardware 4 Nipples
12/10/79 331650 (27772) 100.00 Langley's Welding Brackets
12/10/79 344716 (28165) 499.00 Soil Testing Fuel Tank Buried
12/24/79 358126 (28230) 42.00 Federal Lumber Pine
r _
12/24/79 358403 (28289) 1,680.00 Peters Billiards Pool Table /Ping Pong
Tables
12/24/79 358680 (28340) 118.80 Carpet by Robert Pad & Labor
® 12/24/79 358683 (28342) 38.50 Sawyer Cleator Styrofoam
12/24/79 358719 (28378) 34.80 Insulation Sales Cove Base
12/28/79 354651 (27826) 1,742.44 Menard Lumber Lumber & Material
1/14/80 014126 (28422) 109.92 Federal Lumber Lumber/Tape
1/14/80 014233 (28449) 850.00 Jordan Floor Cover. Carpet
1/14/80 014308 (28465) 885.60 Mid Central Fire Hooks /Ladder /Belts
1/14/80 014583 (28521) 29.61 Warner Hardware Insulation /Nails /etc.
1/14/80 014659 (28535) 650.00 MacGillis & Gibbs Posts
1/14/80 014673 (28550) 36 Suburban Chevrolet 6 Chev. Citations
1/28/80 028184 (28631) 133.44 Hirshfield's Paint
1/28/80 028351 (28648) 514.50 National Fire Prot. 2 Films
1/28/80 028655 (28678) 275.00 Film Communicators 'Film
1/28/80 028657 (28680) 650.00 MacGillis & Gibbs 100 End Cuts
1/28/80 028659 (28682) 719.00 Joselyn Mfg. Co. Posts
1/28/80 028668 (28691) 143.20 Wallboard, Inc. Boards
1/29/80 029126 (28730) 65.64 Federal Lumber Insulation /Bond /Hardbd
1/29/80 029583 (28790) 4.75 Warner Hardware Mask /Paper
2/11/80 042504 (28998) 25.96 Thompson Electric Seals /Blades /Compound
2/11/80 042583 (29002) 8.00 Warner Hardware Nails /Blades
2/25/80 056126 (29366) 96.87 Federal Lumber Pine
3/10/80 070126 (29546) 103.80 Federal Lumber Pine /Insulation
3/10/80 070184 (29561) 75.86 Hirshfield's Paint /Varnish
3/10/80 070677 (29670) 18.90 Plywood ywood Minnesota D461ding
2/11/80 042534 (29000) 442.49 Uniforms Unlimited Sirens /Speakers
2/11/80 042721 (29075) 1,334.00 Land of Lakes Tile Tile Repair
RESOLUTION NO.
Date Voucher No. Amo Vendor Purpose
•? 2/11/80 042724 (29078) $ 1,790.00 Aero Metric Engineer Golf Course /Aerial
2/25/80 056708 (29494) 332.15 Brooklyn Ctr. Vol. Fire Misc. Materials
2/25/80 056676 (29463) 168.00 Mn. Bearing Co. Ladder
6/9/80 155650 (30630) 208,221.00 American LaFrance Fire Truck
3/24/80 084668 (29849) 325.00 Aero Drapery Co. Draperies
6/9/80 162708 (31677) 225.00 Peabody Enterprises Sliding Doors
TOTAL $270,788.32
WHEREAS, on September 26, 1979, the City "Council adopted Resolution
No. 79 -227 which approved the 1980 Annual Budget for the City and encumbered
I : Federal Revenue Sharing funds in the amount of $286,077 to be transferred to
the GENERAL FUND subsequent to the expenditure of funds by the GENERAL FUND
for appropriations in said 1980 Annual Budget; and
WHEREAS, the City Council subsequently amended the 1980 Annual Budget and
encumbered additional Federal Revenue Sharing funds as follows:
,
Resolution No. 80 -197, August 11, 1980 in the amount of $4,800
80 -247, October 6, 1980 in the amount of $645
" 80 -253, October 20, 1980 in the amount of $3,667 and
WHEREAS, certain expenditures have been made from the GENERAL FUND, and
they are as follows:
x Date Voucher No. Amount Vendo Purpose
.1/24/80 024650 (27903) $ 3.50 Film Communicators Short Handling
1/29/80 029758 (28802) 3,819.00 Itasca Equipment Snow Plow
1/29/80 029126 (28730) 65.64 Federal Lumber Insulation /Bond /Hardbd
1/29/80 029275 (28749) 219.97 LaBelle's Camera
1/29/80 029754 (28798) 152.95 Century Camera Lens /Bag
1/29/80 029275 (28749) 22.87 LaBelle's Camera Case
1/29/80 029288 (28755) 37.98 Langford Tool /Drill Pins
1/29/80 029288 (28755) 18.00 Langford Tool /Drill Loads 2A2
1/29/80 _ 029831 (28875) 181.32 Wallboard, Inc. Misc. Supplies
1/29/80 029583 (28790) 4.75 Warner, Hardware Masking Paper
2/11/80 042041 (28897) 243.69 Business Machines Sharp Calculator
2/11/80 042534 (29000) 659.25 Uniforms Unlimited Helmets
2/11/80 042204 (28945) 125.16 Iten Chevrolet Locks /Keys
2/11/80 042534 (29000) 964.00 Uniforms Unlimited Siracomm/Speaker /Lite
2/11/80 042534 (29000) 964.00 Uniforms Unlimited Siracomm/Speaker /Lite
2/11/80 042075 (28909) 458.93 Davies Water Equip. Locator
2/11/80 042504 (28998) 8.45 Thompson Electric Sealand
2/11/80 042504 (28998) 8.04 Thompson Electric Seals /Blades
2/11/80 042504 (28998) 9.47 Thompson Electric Blades /Compound
2/11/80 042583 (29002) 8.00 Warner Hardware Nails /Blades
. 2/25/80 056405 (29419) 492.37 Pickwick Int'1 Recorder /Transcriber
Sales S oth
tes Brackets
25 80 05.6661 29449 231.84 Peterson Paul S /
2 P
2/25/80 056405 (29419) 194.09 Pickwick Int'l Recorder /Transcriber
2/25/80 056126 (29366) 96.87 Federal Lumber Pine
• 2/25/80 056583 (29434) 5.01 Warner Hardware Blades /Nails
RESOLUTION NO.
Date Voucher No. A moun t Vendor Purpose
3/10/80 070201 (29569) $ 864.00 IBM Corporation Typewriter
3/10/80 070574 (29633) 60.90 Walker Lumber Cap /Casing
3/10/80 070250 (29573) 107.18 K -Mart Tile
3/10/80 070184 (29561) 75.86 Hirshfield's Paint /Varnish
3/10/80 070201 (29569) 864.00 IBM Corp. Typewriter
3/10/80 070126 (29546) 53.02 Federal Lumber Insulation /Max Bond
` 3/10/80 070583 (29637) 7.54 Warner Hardware Dish Pan /Plier /Blades
3/10/80 070677 (29670) 18.90 Plywood Minnesota Molding
3/10/80 070126 (29546) 50.78 Federal Lumber Pine
3/24/80 084341 (29802) 209.68 3M Alarm Service Fire Protection
3/24/80 084341 (29802) 209.69 3M Alarm Service Fire Protection
3/24/80 084288 29790
( ) 77.76 Langford Tool Drill Loads
3/24/80 084341 (29802) 209.69 3M Alarm Service Fire Protection
3/24/80 084504 (29815) 4.80 Thompson Electric Ext. Boxes
3/24/80 084865 (30045) 2,685.00 Kustom Signals Moving Radar
3/24/80 084275 (29785) 59.52 LaBelle's Calculator
3/24/80 084683 (29864) 400.00 Earl F. Anderson Stove
4/14/80 086652 (29217) 5,118.00 Superior Ford Ford Pickup
4/14/80 105155 (30107) 95.11 Gardner Hardware Door Frame /Locks
4/14/80 086652 (29217). 5,118.00 Superior Ford Ford Pickup
4/14/80 105583 (30212) 8.06 Warner Hardware Lumber /Screws
4/14/80 105691 (30257) 707.75 Irvin Peterson Labor /Frame Wall
4/14/80 105507 (30201) 4,300.00 Twin City Door Garage Door
4/14/80 105504 (30200) 4.36 Thompson Electric Wall Angles
4/14/80 105583 (30212) 4.63 Warner Hardware Outlet Boxes /Switches
4/14/80 105104 (30094) 782.91 H. E. Erickson Co. Chain Saw
4/14/80 105682 (30248) 462.00 B.D.S., Inc. Washer
4/14/80 105300 (30141) 46,988.00 MaCQueen Equip. Co. Sweeper
4/14/80 105651 (30217) 1,530.00 Graybar Electric Outdoor Yard Light
4/28/80 119155 (30411) 76.24 Gardner Hardware Passage Latch
4/28/80 119749 (30571) 30.00 Insulation Sales Molding
4/28/80 119308 (30434) 9,450.00 Mid Central Fire Angus Hose
5/12/80 133653 (30925) 394.55 Brissman Kennedy Vacuum Cleaner
5/12/80 133534 (30914) 78.00 Uniforms Unlimited Domes /Bulbs
5/12/80 133534 (30914) 87.00 Uniforms Unlimited Bulbs
5/12/80 133652 (30924) 345.36 Armstrong Ind. Spine Guard
5/12/80 133308 (30872) 675.00 Mid Central Fire Hose 5"
5/27/80 148670 (31261) 160.50 Roland Millwork Door
5/27/80 148507 (31226) 3,387.00 Twin City Door Doors
5/27/80 148507 (31226) 5,034.00 Twin City Door Doors
5/27/80 148683 (31274) 231.00 Joslyn Mfg. Co. Posts
6/9/80 162708 (31677) 452.84 Peabody Enterprise Doors /Conf. Tables
6/9/80 162514 (31638) 3,773.47 Don Streicher Guns Handguns
6/9/80 162743 (31711) 748.23 Viking Audio Visual Projector
6/9/80 162308 (31606) 500.00 Mid Central Fire Adapters Reducer
6/9/80 162146 (31573) 396.00 General Office Prod.Lateral File
6/9/80 162706 (31675) 3,340.00 McMullen Co. Snow Blade
i
6/9/80 162700 (31669) 200.00 Truck Outfitters Pickup Tool Boxes
6/9/80 162090 (31562) 225.00 Crystal Electric Belt Sander
6/9/80 161450 (31446) 1,170.00 Reeds Sales /Serv. Snow Blower
5/12/80 133046 (30806) 273.90 Business Furniture Side Chairs
RESOLUTION NO.
_D ate Voucher No. krount Vendor Purpose
6/23/80 175308 (31792) $ 5, ✓80.95 Mid Central 'Fire Wyes /Air Pak /Cylinder
6/23/80 170650 (30665) 44,398.00 Towns Edge Ford Dump Truck
6/23/80 175760 (31939) 2,540.00- Flaherty Equip. Generator
6/23/80 163653 (30658) 7,001.43 Central AMC Jeep Jeep Pickup
7/14/80 196046 (32124) 158.00 Business Furniture Table
7/14/80 196046 (32124) 331.40 Business Furniture Lateral File
7/14/80 196321 (32194) 243.76 Minnesota Fire Rear Step Belt
7/14/80 196321 (32194) 2,740.50 Minnesota Fire Maxifore Air Bags
7/14/80 196321 32194 146.08 Min Fire ( ) Minnesota F r Door Bar /Hangers
7/14/80 196668 (32268) 473.80 Nardini Fire Equip. Boots
7/14/80 196668 (32268) 2,554.75 Nardini Fire Equip. 3M Lightwater /etc.
7/14/80 196005 (32112) 1,638.32 Akins Fire Equip. Hose /Cutter Head
7/14/80 196766 (32365) 249.90 Graybar Electric Electric Cord
7/14/80 196765 (32364) 659.80 Viking Fire Equip. Flood Lights
7/14/80 196786 (32385) 14,500.00 Iten Chevrolet 1980 Van Chev
7/14/80 196046 (32124) 959.40 Business Furniture Lounge Chair
7/14/80 196046 (32124) 996.20 Business Furniture Love Seat /Table
7/28/80 210681 (32548) 483.00 Paulko Signs Letter /Pinstripe #4
8/11/80 224663 (32968) 45.00 Irvin Peterson Install Oak Door
8/11/80 224308 (32899) 1,165.15 Mid Central Fire Hose Control /Hooks
8/25/80 238667 (33170) 439.50 Municilite Co. Misc. Parts
8/25/80 238321 (33118) 150.00 Minnesota Fire Used Air Tanks
8/25/80 238308 r
33114 6 Light Stand.
40.50 Mid Central Fire L h and
( ) d Le ral _ 5
g
'ass_
8/25/80 238130 (33087) 4,800.00 Fitness /Weight Paramount Sport.
8/25/80 238130 (33087) 445.00 Fitness /Weight Paramount Condition
�3 8/25/80 238233 (33103) 204.25 Jordon Floor Cover. Carpet /Adhesive
9/8/80 252300 26
33 7 1,330.00 Mac Queen Eq uipment Sand S reader
Q P
9/8/80 252574 (33321) 54.20 Walker Lumber Misc. Wood
9/8/80 252495 (33314) 218.88 Stewart Lumber Walman Fir
9/22/80 266650 (33551) 7,562.00 Bi- Lateral Fire Fire Hose
9/22/80 266650 (33551) 5,200.00 Bi- Lateral Fire Fire Hose
9/22/80 266019 (33456) 24.50 American Steel Angle Steel
10/14/80 287758 (33956) 2,315.75 Nardini Fire Equip. Bunker Pants /Coats
s 10/14/80 287758 (33956) 76.20 Nardini Fire Equip. Boots
10/14/80. 287745 (33943) 60.00 Ian A. Morton Consulting Service
TOTAL $ 221,687.50
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center to transfer the amount of $492,715.82 from the FEDERAL REVENUE SHARING
FUND to the GENERAL FUND.
Date Mayor
ATTEST:
Clerk
r
d
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 AUTHORIZING THE PURCHASE OF 3,000 LBS. GRASS SEED
WHEREAS, the City of Brooklyn Center is authorized to participate in
the Hennepin County Purchasing Agreement; and
WHEREAS, on Wednesday, November 5, 1980 at 2:00 p.m. bids were received
for the furnishing and delivery of grass seed.
NOW, THEREFORE, BE IT RESOLVED that the bid of.Turf Supply in the
amount of $1.08 /lb. for a total of $3,240.00 in accordance with specifications
is deemed to be the best bid submitted by responsible bidders and said bid is
hereby accepted.
Date Mayor
ATTEST:
- Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
�:u
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF 800 TREATED POSTS
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the
purchase of merchandise, materials or equipment, or any kind of construction
work by informal quotations when the amount of such contract is less than ten
thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on the purchase of
treated parking lot posts and has determined that the quotation of Mac Gillis
Gibbs Company in the amount of $3,200.00 for 800 treated parking lot posts is
the best quotation submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be authorized to contract for the purchase
of 800 treated parking lot posts in the amount of $3,200.00 from Mac Gillis
Gibbs Company.
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 se and adopted.
p u d lar d duly passed p
k . R.
Member introduced the following resolution and
moved its adoption:
T.
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) TANDEM AXLE
DUMP TRUCK (DIESEL)
WHEREAS, the City of Brooklyn Center is authorized to participate in
the Hennepin County Purchasing Agreement; and
WHEREAS, on Wednesday, November.26, 1980 at 2:00 p.m. bids were
received for the furnishing and delivery of one (1) trandem axle diesel
powered dump truck.
NOW, THEREFORE, BE IT RESOLVED that the bid of Boyer Ford Trucks in
the amount of $47,209.86 in accordance with specifications is deemed to be the
best bid submitted by responsible bidders and said bid is hereby accepted.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF ONE COMPACT 114 TON
PICKUP TRUCK
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the _
purchase of merchandise, materials or equipment, or any kind of construction
work by informal quotations when the amount of such contract is less than ten
thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on the purchase of
a 1/4 Ton Pickup Truck and has determined that the quotation of Brookdale Ford
in the amount of $5,645.00 for one 1/4 Ton Pickup Truck is the best quotation
submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be authorized to contract for the
purchase of a 1/4 Ton Pickup Truck in the amount of $5,645.00 from Brookdale Ford.
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
e f 1 o owin g 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 ACKNOWLEDGING THE CLOSING OF THE SNACKS AND NICK
NACKS OPERATION AT THE HUMBOLDT SQUARE SHOPPING CENTER AND
THE DISCONTINUANCE OF THE SPECIAL USE PERMIT FOR AN
AMUSEMENT CENTER WITH ELECTRONIC AND MECHANICAL GAMES
WHEREAS, the City Council on July 21, 1980 approved Planning Commission
Application No. 80020 submitted by Gerald Blomberg for a special use permit to
operate an amusement center with electronic and mechanical games at the Humboldt
Square Shopping Center subject to nine conditions of approval (copy attached):
and
WHEREAS, the Police Department and Planning and Inspection Department
periodically reviewed the operation for compliance with applicable codes,
ordinances, regulations and the conditions of the special use permit and made
W reports to the City Manager; and
WHEREAS, on November 17, 1980 the City Manager made a report to the
City Council regarding the operation and its lack of compliance with the
conditions of the special use permit whereupon the City Council established
December 8, 1980 as a date for a public hearing and requested Mr. Blomberg to
show cause why the special use permit should not be revoked; and
WHEREAS, the public hearing was held on December 8, 1980 with Mr.
Blomberg given an opportunity to respond and comment regarding his operation;
and
WHEREAS, the City Council continued the public hearing on this matter
until December 22, 1980 in order to give Mr. Blomberg an opportunity to review
I' all public records regarding the matter and to make additional comments; and
WHEREAS, it has been reported that on or about December 13, 1980, the
operation known as Snacks and Nick Nacks was discontinued and the space in the
Humboldt Square Shopping Center was vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to acknowledge the closing of the Snacks 'n Nick Nacks operation
at the Humboldt Square Shopping Center and the discontinuance the special use
permit for an amusement center at that location.
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 AUTHORIZING THE PURCHASE OF 600 7' SIGN
POSTS 3" PUNCH
WHEREAS, the City of Brooklyn Center is authorized to participate in
the Hennepin County Purchasing Agreement; and
WHEREAS, on Wednesday, November 19, 1980 at 2:00 p.m. bids were
received for the furnishing and delivery of 600 Steel Sign Posts.
NOW, THEREFORE, BE IT RESOLVED that the bid of M -R Sign Co. Inc.
in the amount of $5.49 each for a total of $3,294.00 in accordance with
specifications is deemed to be the best bid submitted by responsible bidders
and said bid is hereby accepted.
Date Mayor
ATTEST:
Clerk '
The motion for the adoption of the foregoing resolution was duly seconded .by
P g g Y 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.
CITY OF BRJO11JAN CE[3`I'ER
ORDINANCE NO.
AN ORDINANCE AMELZING CEIAP'iER 17 OF THE CITY ORDDIANCES
RELATIVE TO PERSOItZM POLICIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CEI= DOES ORDAIN AS FOLLOWS:
Chapter 17 of the City Ordinances is hereby amended as follows:
CHAPTER 17 - PERSONNEL ORDDIANCE
Section 17 -101. PURPOSE OF THE 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:
5 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 positions
in the City's service. The City shall pursue a - policy in the areas of
recruitment and selection to insure open competition, t provid ec ruai
employment opportunity and to prohibit discrimination because of race,
color, creed, religion, sex, national origin, marital status, age,
st atus with regard to public assistance disability o other non -jo -
related factions.
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 the 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. DEFINITIONS. 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 appointert 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 -tune 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 MVERED BI THIS ORDINANCE. 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. Meubers of boards and commissions.
c. Volunteer members of the Fire Department.
d. City Manager.
e. City Attorney.
2. Effployees 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 APPOIl 1�'IMIIV T PROCDURE AND CONDITIONS.
1. By City Ivianager. 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
went 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 umber. More than one family member may not be employed witriin
any department vanere they routinely interact with each other in the course
of business or where one may influence the work or working conditions of
another; nor may relatives be placed where they will work under the
direction of the same immediate 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 any 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. FIriergency public safety response requirements dictate
that a reasonable public policy be established for police officer resi-
dency. It is thereby declared that within ei months after original
appointment, police officers shall comply 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.. PROMOTION FROM vmnjIPd n-1E SEWICE. 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. PROBI±TIONAF5Y 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 mept required
work standards.
2. Duration. All original permanent appointments shall be probationary.
Non lice employees shall be subject to a probationary period of
Po P �' 7 P � per
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 si i o which 1 they may b
t ons t ch rorio�ed the e
reinstated to the position and rate of pay of the position_Trcm
which promoted, so long as a vacancy exists.
4. Affects Leave 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 r.?onths
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. HCw Completed. Three weeks before employees have completed the r proba-
tionary, service, their_ respective departr, ;leads shall evaluate their
records and performances. If the ciriployees' 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. COMPE4SATION
1. [All employees of the City of Brooklyn Center shall be compensated within
wage and salary schedules estab]_ishec!
, .� annually by the City Council
provided, however, ,that the City ouncil .
� ma amend such schedules at an
time that it deems necessary
cessary in the interest of good personnel adminis
tration as recommended by the City Manager.] An Employee Position an d
Classification - —
0
n Plan shall p
e adopted b t 't
Ci Council an s
�' � d hall
constitute the official cciwxm cation
pl an for or all positions in the
municipal service except where 1 a
,? la bor a take precedence. The
Cit Council may amend the L ,pl oyee Po and Classification Plan at
any time that it d necessary i-n the interest of good personnel
administration as recon�:ended 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 appointing aurhori.ty, 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. This
shall not be construed to prevent employees from working in more than
one position when authorized by the City Manager.
Section 17 -10 8. Wow 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.
I
2. Police Work Year. [Sworn employees in the Police Department shall annually
accrue a minimum work year consisting f a number of hours al to eight
8 times equal g t
( ) nes the number c
of nays in a respective year, excluding Saturdays,
g �' .
and Sundays. ] The normal work year for sworn employees in the Police
De " ar tment is 'two thousand
grid ei g hty zt hours 2
080 to be accounted for
�' ( )
q �
by each emplo ee throu n hours on assi
� q grted shifts, holidays, assigned
tra-nlnq, and authorized leave time nothing in this section shall be
interpreted to be a quarantee of a minimum or maximum number of hours
the Etnplo yer may assign eiaplo gees
Section 17 -108 (continued)
3. Full -Time Service. Full -time 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 number of hours a day, days a week, or
weeks a month, the amount paid shall bear the same relationship.to the
full -time monthly rate for the classification as the time actually
worked bears to the time required for full -time service.
Section 17 -109. CALC'UTATION OF HOURLY RATES. Hourly compensation rates
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 - Saturdays and Sundays.
Section 17 -110. OVERTIME AND CALL -BACK PAYMENT;
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 -half 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 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 consecutive years of service shall earn vacation leave according
to the following schedule:
During 11th 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 working days per year (1 -1/2 days /mo.)
During 14th year of service 19 working days per year (1 -7/12 days /no.)
During 15th year of service 20 working days per year (1 -2/3 days /mo.)
Employees using earned vacation leave or sick leave shall be considered
to be working for the purpose of accuml.ating additional vacation leave.
2. Usage. Vacation leave maybe used as earned, except that the City
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 maximum of fifteen working days vacation leave. LgDloyees with
five to fifteen consecutive years of service may accrue a maxh -_rL n
of twenty working days 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 maximums 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
eWloyment; 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 eaca
calendar month of full -tine 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. Immediate fan shall nean brother, sister,
parents, parents -in -law, spouse, or children of the employee. Sick
leave may be used for the purpose of attending the funeral of !me-
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 accru& 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 accmulated. Employees
using earned vacation leave or sick leave shall be considered to be
working for the purpose of accumulating additional sick leave. [Vdorkmen's]
Worker Compensation benefits shall be credited against the
conly-ensation due employees during sick leave.
4. Procedure. In order to be eligible for sick leave with pay, employees
must:
a. Notify their superior prior to the time set for the beginning
of their normal workday.
,
i
Section 17 -112 (continued)
b. Keep their superior informed of their condition. [if the absence
• is of more than three days duration.]
C. [Su}rmit medical certificates for absences exceeding three days
if required by the City Manager.] Furnish a statement frc�m a
medical practitioner upon the request of the Employer.
5. Misuse Prohibited. Dmployees 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 disciplu:ary action up to and incltrling 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. MILITIM 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] their regular pay rate and [his] their
lesser military pay.
2. Employees called and ordered by pr_o pet 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. LEAVES OF ABSENCE:'
1. Leaves of absence without pay may be granted by the City Manager
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 -115 (continued)
2. Employees summoned for jury duty or subpoenaed to testify in court
on behalf of the Employer or for reasons growing out of City
employment shall receive an amount of compensation which will equal
the difference between the employee's regular pay and jury duty or
witness fee c:oRpensation received.
Section 17 -116. RELIEF PERIODS. Full -time employees working under con-
ditions where a break period is practicable are authorized a fifteen minute
relief period during the first half of the work shift and a fifteen minute
relief period during the second half of the work period.
Section 17 -117. HOLIDAY LEAVE.
1. Holidays Defined. Holiday leave shall be granted for the following
holidays:
NewYear's Day ... ........................January 1
Washington's & Lincoln's
Birthdays ...... ..........................Third Monday in February
Knorial Day .. ...........................Last Monday in May
Independence Day.. .....................July 4
Labor Day .. .................... .......First Monday in September
Christopher Columbus Day .................Second Monday in October
Veteran's Day ....... .....................Novembe..r 11
Thanksgiving Day .........................Fourth Thursday.in November
Post- Thanksgiving Day ....................Friday after Fourth Thursday
in November
Christmas Day ..... .......................December 25
Floating Holiday ...... ............... with permission
of employees supervisor.
Floating holidays must be
taken within the calendar
year; they cannot be
accumulated.
Section 17 -117 (continued)
2. Major Holidays. 6r111her. New Year'.> Day, Independence Day, Veteran's Day
or Christmas Darr fall on Sunday, t,e following day shall be observed
as a holiday. V ien they fall on Saturday, the preceding day shall
be observed as a holiday. r..t +yes 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 pay for that holiday.
3. Premium Pay. Eniployees 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 Eve, 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 b 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" hol -iday 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
tholes persons working irregular shifts for hours worked
on holidays when such work is part of the planned schedule.
c. Compensation for holidays in the form of premium time and
one -half pay in addition to holiday pay may be authroized
for employees working irregular shifts only when the City
Manager deems it imperative t.iat such compensatory time
as may be accrued be waived, with the employee's consent,
in the best interests of the City.
Section 17 -11?. T.E. - TAPOP,4R M
Y EPLOr;11ENT BENEFITS. Temporary employees,
me
Including part -ti liquor store clerks , sh all not be entitled to benefits described
In Section 17 -102, subsection 4.
Section RESIGNATIONS
I . Written Resignations Required To leave employment in good standina ,
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 erlploypes 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- 121D1 SCIl'Lliv .
I. General. Employees may be warned, reprimanded, suspended, demoted,
dismissed or subjected to other disciplinary measures.
2. Discipline by Department Heads and Supervisors. Department heads
` or their representatives may, 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, Assessor, and Liquor Store Manager.
Section 17 -121 (continue)
3. Discipline by City TvIanager. The City Manager may, upon his own
motion or ur')on the recon nendation or a department head, discipline
employees. The City Manager shall not irrl)ose disciplinary sus -nsion
for periods of greater than thirty \, %ork;n( 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 he presented to the employee.
Section 17 -122. DEMOTIONS. Bmployees may be demoted by the City
Manager on the basis of merit, fitness or for cause.
Section 17 -123. DISMISSAL. Et7,ployees 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
r c use. Cause shall include, but not be limited u c e to
evidence of any one of the'following:
1. Incompetence or ineffective performance of duties.
2. [Conviction of a felony offense or a misdemeanor involving moral
turpitude.] Involvement in the co mmission of a misdemeanor
involvinq moral t urai-tud e, in the c om mi ssio n oil any gr n
or in the coy )assion of any felony offens
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 consumption of alcoholic beverages or
nonprescription drugs on duty.
6. Physical or mental defect which, in the judgement of the appointing
authority, incapacitates the employee from the prcper performance
of his duties. (An examination by a licensed doctor may be required
and imposed by the appointing authority.)
7. Wanton use of offensive conduct or language 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 commit 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 n of tine general public.
11. Deliberately filing or make a false report or official statement.
12. Proven dishonesty in the performance of duties.
Section 17 -123 (continued)
13. Violations of the provisions of tiii.s ordiiiance.
3 14. Holding any xother public office or emplo which is imcom-
patible with City employment responsibilities, as determined
by the City Manager.
15. Failure to repoet 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.
Se 17 -124. Gi=KiCE POLICY. It is the policy of the City insofar as
possible to deal porraptly.and fairly with grievances arising out of terms and condi-
tions of ez ployment. 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
r 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. RETIM — ENT. [Ltnployees subject to this ordinance shall
be automatically reitred from municipal service upon reaching sixty -five gears
of age, except that the City Manager may exten the employment of employees beyond
age sixty -five if such continued employment is considered to be in the best interests
of hte City of Brooklyn Center.] The no r etirement date for an employee shall.
be the employee's sixty -fift (65) b irthday. The employee has the option t re m:_Lr1
_ _
in the municipal service past age (65) according to the following procedure:
T t65) birthda r t he
I. Thirty aa prior. to an employee ssixty- fifth r
^ City shall notify the anplo�ee that he /she has the option of
retiring_ at age 65 or continuing his /h employment with the
Ci ty to age seventy (70).
2. EYq) loyees must notif v the City in writing, within 30-days of
receipt of such notice, of their intent to continue working
beyond his /her sixty -fifth (65) bi_rthda,7.
F
3. No employee shall work in any City position who has attained the
age of seventy (70) years.
Section 17 -12 6. POLITICAL ACTIVITY. The following rules shall apply
to all Ctiy employees:
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 cormdttee, nor act as
spokesman of such organization. 13nployees 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 employee who shall become a candidate for
any elective public office of tiie City of Brooklyn Center small
automatically be given a leave of absence without pay -until they
are no l onger a candidate for o ffice, and if elected, such employee
shall. resign upon taking �ti .ce.
Section 17 -126 (continued)
2. No employee of the Cit I shall. dizLc o ind irectly, during their
hours of enpl.oyr s o recei fi -iris o r at and i irne use
• their authority or of ficia l infl uence t o ccm -,V and Cit; emplwee
to apply for membe i in or b e come a_mei of any organization,
or to pay or promi t o pa.y ar;y a ssess m - e nt, subscription, or con -
tribution or to tar,E, art in an political a i '
P �' Po
1 ct vit
[2] -3. Voting and See-kin Office. This section shall not be construed to
_ g
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 [his] their vote for the candidate of [his] their choice
[,nor shall construction of the section, except as provided below,
limit or restrict employees 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.)
p ]
3 4. Leaves
[ ] [ of Absence. Employees e
_ s eking public elective offices other
than 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.
Huvaever, if the needs of the City service require, the vacancy thus
created by the absence of the employee may be filled and the employee
teinunated.I Employees shall compl with a ll sta and federal laws
governing the political actiyi.t of loc Government emI to ees (Lfatcri
Act, Minnesota Statutes 43.28)
[ Section 17 -127. EMPLOYEES ADVISORY BOARD. There shall be established
and amintained an Employee'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 / her term on the Employee's
Advisory Board because of Transfer or proration.
2. Terms of Office. Each of the elected employee members shall serve
three year terms. No board member may succeed himself he rself , 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 year. 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 errploymc.nt positions.]
This ordinance shall becale effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this day of ]g
Mayor
ATMST:
Clerk
Date of Publication
Effective Date
(Underline indicates new ratter, brackets indicate matter'to be deleted.)
s
s
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Licenses to be approved by the City Council on December 22, 1980
CIGARETTE LICENSE
A & J Enterprises 2367 University Ave.
Dayton Home Store Hwy. 100 & Brookdale Blvd.
Bob Ryan Olds, 6700 Brooklyn Blvd.
Schmitt Music 2400 Freeway Blvd.
American Vending P.O. Box 380
Brookdale Motel 6500 Lyndale Ave. N.
Beacon Bowl 6525 Lyndale Ave. N.
Big -Bi Service Station 5710 Xerxes Ave. N.
Bill's Juice Vending 3900 Beard Ave. S.
Marc's Budgetel 6415 James Ave. N.
Bonine Vending 125 Riversegde Way
Brookdale Towers 2810 County Rd. 10
Brookdale Ford Inc. 2500 County Rd. 10
Brooklyn Center Am. Legion Post #630 4307 70th Ave. N.
Brooklyn Center Shell 6245 Brooklyn Blvd.
Consumer Vending 2727 26th Ave. S.
Country Club Market 5715 Morgan Ave. N.
Midwest Vending Company 8645 5th Ave. S.
Brookdale Chrysler Plymouth 6121 Brooklyn Blvd.
Pyramid Petroleum Corporation 2605 County Rd. 10
Q Petroleum Corp. 6500 Barrie Road
Q. Petroleum 1505 69th Ave. N.
Red Owl Store dba Country Store 5425 Xerxes Ave. N.
Red Owl Store dba Country Store 3600 63rd Ave. N.
Servomation 7490 Central Ave. N.E.
Dayton's Brookdale Shopping Center
• Donaldson's Brookdale Shopping Center
Earle Brown 'Office Bldg. 6040 Earle Brown Dr.
S.C. Penneys Brookdale Shopping Center
Snyder Brothers Drug- 1296 Brookdale Shopping Center
Theisen Vending, Inc. 3804 Nicollet Ave. S.
Gazebo Brookdale Shopping Center
Nino's Steak Round -Up 6040 Earle Brown Drive
Bill West 76 Station 2000 57th Ave. N.
Twin City Novelty 9549 Penn Ave. N.
Chuck Wagon Inn 5720 Morgan Ave. N.
Vicker's Minneosta Oil 7645 Lyndale Ave. S.,
Vicker's 6830 Brooklyn Blvd.
A. Weisman Co. 2727 26th Ave. S.
Sears 1297 Brookdale Shopping Center
Wes' Standard Service 6044 Brooklyn Blvd.
Woodside Enterprises 2500 Nathan Lane
Poppin Fresh Pie Shop 5601 Xerxes Ave. N.
City Clerk
FOOD ESTABLISHMENT LICENSE
Q. Petroleum Corp. 6500 Barrie Road
Q. Petroleum 1505 69th Ave. N.
Sanitarian PP
GASOLINE SERVICE STATION LICENSE �`
Big -Bi Service Station 5710 Xerxes Ave. N.
Brookdale Car Wash 5500 Brooklyn Blvd.
Brooklyn Center Mobil 6849 Brooklyn Blvd.
Brooklyn Center Shell Service 6245 Brooklyn'Blvd.
Brooklyn Service Center 6901 Brooklyn Blvd.
Davies Water Equipment 4010 Lakebreeze Ave. N.
Green Meadows 3319 49th Ave. N.
Howe, Inc. 4821 Xerxes Ave. N.
Metropolitan Transit Commission 6845 Shingle Creek Pkwy.
4 Northern States Power Company 4501 68th Ave. N.
Northwestern Bell Telephone Co. 6540 Shingle Creek Pkwy.
Pyramid Petroleum Corp. 2605 County Rd. 10
Seven- Eleven Food Stores - 7841 62nd Ave. N.
Seven- Eleven Food Stores 1500 69th Ave. N.
Vicker's Minnesota Oil Co. 7645 Lyndale Ave. N.
Vic 6830 Brooklyn Blvd.
Stand
Wes' Standard Service 6044 Brooklyn Blvd. ,
City Clerk n (�
LODGING ESTABLISHMENT LICENSE
Holiday Inn 1401 Freeway Blvd.
Marc's Budgetel 6415 James Circle N.
New Life Homes - His Place 6121 Excelsior Blvd.
His Place 1120 69th Ave. N.
Riverside Motel 5608 Lyndale Ave. N.
Thrifty -Scot Motel 6445 James Circle
Sanitarian n
NURSING HOME L ICENSE
Maranatha Conservative Home 5401 69th Ave. N. n..�.
City Clerk PIP
OFF -SALE NONINTOXICATING LIQUOR LICENSE
Q. Petroleum Corp. 6500 Barrie Road
Q. Petroleum 1505 69th Ave. N.
Red Owl Stores dba Country Store 3600 63rd Ave. N.
City Clerk
ON -SALE CLUB LIQUOR LICENSE
Brooklyn Center Am. Legion Post 4630 4307 70th Ave. N. �, �. !'�,
City Clerk
ON -SALE NONINTOXICATING LIQUOR LICENSE �° N
Beacon Bowl 6525 Lyndale Ave. N.
Chuck Wagon Inn 5720 Morgan Ave. N.
Denny's, Inc. 3901 Lakebreeze.Ave. N.
Donaldson's 1200 Brookdale Shopping Center
Good Earth Restaurant 5717 Xerxes Ave. N.
Happy Dragon Restaurant 5532 Brooklyn Blvd.
Lynbrook Bowl, Inc. 6357 North Lilac Drive
Pizza Factory 6816 Humboldt Ave. N.
Taco Towne Restaurant 6219 Brooklyn Blvd.
City Clerk
ON -SALE INTOXICATING LIQUOR LICENSE
Ground Round Restaurant 2545 County Rd. 10
Holiday Inn 1501 Freeway Blvd.
Lemon Tree Restaurants, Inc 5540 Brooklyn Blvd.
City Clerk
ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE
.Earle Brown Bowl 6440 James Circle
Ground Round Restaurant 2545 County Rd. 10
Holiday Inn 1501 Freeway Blvd.
Lemton Tree Restaurants 5540 Brooklyn Blvd.. ,
City Clerk PIP
ON -SALE WINE LICENSE
Denny's, Inc. 3901 Lakebreeze Ave. N.
{ Good Earth Restaurant 5717 Xerxes Ave. N.
Ctiy Clerk
RENTAL DWELLING LICENSE
Initial:
Ken Berwald, Eugene Berwald &
Patrick J. Gaughan Victoria Townhouses
John S. Tschohl 5416 Fremont Ave. N.
Elkhorn Partners 5612 Irving Ave. N.
Michael & Beverly Kratochvil 6131 Kyle Ave. N.
John & Catherine McDonald 6430 Major Ave. N.
r. Renewal:
qW Harrington Properties Hi Crest Apartments
Fred Johnson 5324 Bryant Ave. N.
Robert A. Gold 7217 Camden Ave. N.
Michael K. Uzzel 5235, 37 Drew Ave. N.
Peter & Joan Neururer 6737,43 Humboldt Ave. N.
Thomas & Mary Harty 5837 Lyndale Ave. N
Edward C. Sass 5101 --W Xerxes Ave. N.
Thomas & Bill Howe 3112 49th'Ave. N.
.Ralph H. Anderson 5401 63rd Ave. N.
Dennis Schuette & Jerry Jacobson 4408 69th Ave. N. a Gladys E. Perisian 3806 72nd Ave. N. JUI
Director of Planning
and Inspection
r