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1979 11-05 CCP Regular Session
CITY COUNCIL AGENDA City of Brooklyn Center November 5, 1979 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - September 17, 1979 (budget session) - September 26, 1979 (budget session) - October 22, 1979 (regular session) " 5. Open Forum 6. Performance Bond Releases /Reductions: - Reductions: a. Holiday Inn, 1501 Freeway Boulevard b. Northbrook Shopping Center, 1912 - 57th Avenue North c. Smoke Haus Restaurant, 5001 Drew Avenue North- d. Ewing Square, 61st & France Avenue North e. Real Estate 10, 7240 Brooklyn Boulevard - Releases: a. Brookdale Towers Apartments, 6915 Humboldt Avenue North b. Denny's, 3901 Lakebreeze Avenue 7. Resolutions: a. Authorizing an Additional $20,000 in Funding for CEAP b. Authorizing Execution of Contract for Work at Unity Avenue Culvert c. Approving Supplemental Agreement No. l to Contract 1979 -D - Shingle Creek Parkway Accepting quotations for Installation of Pedestrian Bridges in Central Park e. Authorizing the Purchase of Two 50,000 BTU Gas Fired Unit Heaters Furnished and Installed at #7 Pumphouse, 710.1 Camden Avenue North f. Authorizing the Purchase of One Rotary Camera for Microfilming g. Authorizing Contract to Obtain Topographic Mapping for Golf Course Study h. Authorizing Participation in the Minnesota Shade Tree Program and Approving the 1980 Shade Tree Program Budget ( 1 . i . on, rr (j j. Giving Final Approval to $1,000,000 in Industrial Development Revenue Bonds J for Medtronic, Inc. k. Authorizing Agreement with Optimum Systems, Inc. for Protection of Trade Secrets 8. Approval of Purchase of Piano for Community Center and Transfer of Appropriations from Community Center Repair and Maintenance Supplies Account #4230 to Community Center Furniture and Fixtures Account #4550 Discussion Items: ``a__. Joint Meeting with Planning Commission to Discuss Comprehensive Plan 10. Licenses 11. Adjournment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1979 ENERAL FUND BUDGET TO PROVIDE G UN DG FOR WAGE AND SALARY ADJUSTMENTS WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department or agency to another within the same Fund and WHEREAS, on September 27, 1978, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1979; and WHEREAS, when said budget was adopted, 1979 salaries and wages for most employees had not been set; and WHEREAS, the City Council did appropriate funds for departmental labor in the amount of $165,000 to Unallocated Departmental Expense (Dept. #80) to provide funds for final 1979 salary and wage settlements; and v WHEREAS -, on March 12, 1979, the City Council did adopt Resolution No. 79 -69 which agreed to terms and conditions of employment in a 1979 -80 collective bargaining agreement with Local #320, Minnesota Teamsters Public and Law Enforcement Employees Union. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $42,981 from the following Unallocated Departmental` Expense (Dept. #80) appropriations: 01 -4100 Salaries, Regular Employees $37,440 01 -4143 PERA - Police 4,125 01 -4151 Hospitalization Insurance 1,416 $42,981 to the following Police Protection Department (Dept. #31) appropriations: 01 -4100 Salaries, Regular Employees $35,440 01 -4112 Salaries, Overtime 2,000 01 -4143 PERA - Police 4,125 01 -4151 Hospitalization Insurance 1,416 $42,981 Date Mayor ATTEST: i 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. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION SEPTEMBER 17, 1979 _ CITY HALL CALL TO ORDER The Brooklyn Center city Council met for a special budget meeting and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, and Gene Lhotka. Also present was City Manager Gerald Splinter, Director of Finance Paul Holmlund and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Scott would be late and was excused.. The Director of Finance made a presentation outlining certain highlights of the 1980 City Budget. He noted that the total 1980 Proposed Budget was $5,150,827, and that the total 1979 Budget was $4,875,819, which is a $275,010 increase over the 1979 Budget. He added that in terms of percentage increase the 1980 Proposed Budget is a 5.64% increase over the 1979 Budget. He also explained that the capital outlay expenses in the Proposed 1980 Budget are $311,577 and that the capital outlay expenses in the 1979 Budget were $478,513 which means that the capital outlay expenses proposed in the 1980 Budget are $166,996 less that the 1979 Budget. The Director of Finance noted that the 1980 Budget, excluding capital outlay, is $4,839,252, and that the 1979 Budget, excluding capital outlay, was $4,397,246. The Director of Finance noted that state and local aids have increased for the 1980 Budget and that this also means that the levy limit decreases in the 1980 Budget. Mayor Nyquist asked whether or not the increase in state aids and the reduction in the levy limit is a dollar for dollar match. The ' Director of Finance-explained that it was a'dollar for dollar match and that it was designed in this manner. The Director of Finance noted the assessed value formula changes adopted by the State Legislature. He explained that the changes involved an increased amount which could be homesteaded, and a decrease in the percentage amount assessed from 20% to 18%. The Director of Finance noted that the 1980 estimated mill rate is 17.178, and that the 1979 mill rate for the City was 17.565, which means a 2.2% decrease in the mill rate for 1980. He also noted that, in terms of the City taxes on homesteaded property a decrease of'27.7 % "is- estimated for 1980. ` The City Manager introduced the 1980 Proposed City Budget and reviewed the City's estimated revenue for 1980. The Director of Finance noted that the City has revised its fine schedules to be in line with other cities. Council - member Kuefler inquired whether there was anything that could be provided which would track the operating dollars in the Budget for the last five years. The Director of Finance explained that this was possible and the computer printout of the operating costs for the last five years would be provided to Council members. - Mayor Nyquist reconvened the Special Budget Meeting. 9 -17 -79 _1. DEPARTMENTAL APPROPRIATIONS Councilmember Kuefler asked how the $921 paid to the Hennepin County Human Services Council is determined. The City Manager explained that this figure represents 334 per capita. Councilmember Kuefler asked whether or not there was a possibility of a group rate for the subscrip tion to the 'National League of Cities weekly, explaining that the current charge is $70 per year and that he felt this was -a rather excessive cost although the Weekly was an excellent source of information. The City Manager stated that he would research this matter and determine whether or not there were any group rates available. Mayor Nyquist questioned what the professional services costs implied for the Charter Commission. The Director of Finance explained that this involved secretarial costs. CITY MANAGER'S DEPARTMENT Councilmember Kuefler questioned the increase in the amount in the City Manager's Budget related to the use of personal automobiles. The City Manager explained that this amount relates to mileage allowances and that the Council must set this rate. He also explained that this figure in the 1980 Budget reflects an anticipated increase in the.mileage allowance in 1980. The Director of Finance explained that this figure' reflects an anticipated 22� per mile allowance in 1980 and that the allowance is now 18� per mile except for City Building Inspectors and Appraisers who receive 20� per mile. Councilmember Lhotka noted the requested amount for professional services in the City Manager's Budget was $500 and that theirecommended amount was $1,500 and requested an explanation for the rather large increase in pro fessional services. The City Manager explained that there will be two elections in 1980 and that the election judges are paid out of the professional services. He noted that the elections were the presidential primary and a general election. He also noted the possibility of a special election in 1980 and explained that he would verify this item with the City 'Clerk 'to determine whether or not it had been submitted in the original Budget request. GOVERNMENT BUILDINGS The City Manager noted the changes in utility costs projected for City buildings in 1980. He explained that energy ;saving measures will be undertaken in 1980 including replacing the doors at the City fire stations to prevent heat loss. Councilmember Fignar made an inquiry regarding the size of the site at 69th and Dupont. The City Manager explained that the site was between four and four and one -half acres. Councilmember Fignar asked whether or not we plan to phase out this site in the future. The City Manager explained that the City has two wells on this site and it is being reserved for a possible future water treatment .facility. Councilmember Fignar 'then , asked about the site on 68th and Willow Lane. The City Manager explained this site is being reserved for the same reason as the 69th and Dupont site. Councilmember Lhotka questioned what is being recommended for City buildings in 1980 The City Manager explained that the insulation of the City Hall and Community Center was performed by the City's maintenance crew and that this has interfered with their normal workload. He stated that we will look at the energy audit before we continue any in -house insulating. He explained that the in -house insulation project had interfered with other custodial duties which had fallen behind as a result of the time spent on insulating. He noted that the staff would be looking closer at special in -house projects in the future in terms of their effect on workload. 9 -17 -79 -2- POLICE DEPARTMENT The City Manager noted the Police Department's Budget request for two community service officers and to replace some of the part -time clerical staff with full -time personnel. He referred the Council to a memo relating to the Police Department clerical staff and noted the high turnover rate of part -time clerical personnel in the department. Councilmember Scott arrived at 8:10 p.m. Councilmember Fignar asked whether the hiring of full -time clerks is pro - posed. The City Manager explained it is proposed that two full- time clerks would be hired in the Police Department and that they would advertise for these positions January 1 1980. Mayor Nyquist then asked how many part- time clerical persons are currently working in the Police Department. The Director of Finance explained there were four part --time clerical positions currently in the department. Councilmember Kuefler then inquired how many total part -time clerical hours are currently being used in the Police Depart - ment. The City Manager explained that the total hours of part -time clerical staff for 1979 was 138. Councilmember Kuefler recognized the problem of turnover with the part -time staff but questioned whether or not the City could afford to convert the part -time staff to full -time clerical positions while increasing the total number of clerical hours`by supplementing the full -time staff with part -time clerical staff. The City Manager explained that the original Budget request was for three full -time clerical positions and that greater detail on separating the costs of this probosal can be provided to the Council: The Director of Finance noted that the proposal for full -time clerical positions in 1980 would increase the Police Depart- ment clerical Budget over 1979'by approximately one - third. Mayor Nyquist questioned whether or not any turnover would be anticipated with a full- time clerical staff in the Police Department. The City Manager explained other metropolitan police departments have not had a problem in this area. Councilmember Scott noted that the District #281 schools are having similar turnover problems with part -time clerical staff. Councilmember Lhotka inquired as to the benefits for part -time clerical staff. The City Manager explained that currently, part -time clerical positions in the Police Department do not receive any fringe benefits. Councilmember Kuefler asked whether he could obtain a line item breakdown of cost items for the Police and Fire Departments. The City Manager explained this could be obtained and would be presented at the next Council, meeting. Councilmember Kuefler also questioned the response times for 1978 as presented in the Police Department report on community service officers as compared with the response time for 1978 presented in the Police Department's Annual Report. The City Manager responded by explaining that this was due to differing methods of calculations used in computing response times in the two reports and that the calculations in the 1978 Annual Report were in error. The City Manager referred the Council to a memo on Police Department staffing over the past few years. Councilmember Fignar noted that the calls for service have doubled over the past few years and that the Police Department staff has not kept pace with the increase in the calls for service The City Manager noted that the Police Department administrative staff has indi- cated that the calls for service have increased but that the calls related to serious crimes are down over past years. He added that sworn officers are not required for all types of service calls. He noted that the Police Department offers many types of services on a 24 -hour basis and that many of these calls are not related to serious crime but are related to .service type needs Councilmember Fignar questioned why the number of calls has 9 -26 -79 -3- doubled over the past years while the City's population has decreased. 4 The City Manager indicated that people are calling the Police Department more and that people are more aware of the types of services provided by the Police Department. He added that officers are generally readily avail- able to residents and that people seem to have an increasing faith in the . service provided by the Police Department. He also added that the volume of traffic passing through Brooklyn Center is very high and seems to be increasing, and that the number of retail stores have also increased in the City. Councilmember'Fignar asked whether or not the CSO would take the pressure off the sworn officers. The City Manager explained that the department has to respond to all types of calls and that the cost of a CSO responding to a service type call is far less than a sworn officer. Councilmember Kuefler then asked whether or not CSO's were nonunion employees in other metropolitan cities. The City Manager explained that the CSO was a nonunion position in other metropolitan cities also. The Director of Finance referred Council members to a chart which compared the cost of a sworn officer after four years to the cost of a CSO after four` years and noted the estimated savings of $8,865. Councilmember Kuefler referred to page two of the report on CSO officers and noted the increased use of sick leave in the Police Department. The City Manager explained a possible explanation for this is that records on sick leave are now being kept more accurately than in past years, and this is some - thing that we are attempting to emphasize to other cities when entering into joint negotiations for union contracts. He also indicated a: few officers were out for a considerable period of time in 1978 due - to- serious injuries. The Director of Finance noted the City has more strictly inter- preted the definition of sick leave and its enforcement and that this should pay off in terms of fewer days lost on sick leave. Councilmember Kuefler inquired whether or not the CSO would do code enforcement work which was formerly a part of the duties in the Planning and Inspection Department. The City Manager explained this would be a duty of the CSO ` and that they would enforce such things as the Sign ordinance. FIRE DEPARTMMT The City Manager explained a step van is proposed in the 1980 Fire Department Budget. He there are currently two vehicles in the east fire station, one station wagon and one econoline van. He noted that the step van would replace the econoline van and station wagon and indicated that the step van is particularly useful in natural disaster emergency situations. Council- member Scott questioned the Budget request for phones in the Fire Department Budget.. The City Manager explained that this request was for an emergency phone to be located on the outside of each fire station so that persons can call the Fire Department if there is no one at the station. He stated that he felt this was not a justifiable expense. Councilmember Kuefler questioned whether or not any thought had been given to charging for CPR courses. The City Manager explained that the CPR courses are very popular and that currently the Fire Department personnel are not paid for teaching the courses but that the Police Department personnel are, since they teach the courses while they are on duty. Councilmember Kuefler stated he felt that charging, for CPR Puts a value on the course. The Administrative Assistant stated that the average CPR class ranges from 20 to 30 and that a minimum of 10 persons is required since one instructor for each 10 persons is the recommended class size. PLANNING AND INSPECTION DEPARTMENT The City Manager stated that a code enforcement officer was,reque'sted in the Planning and Inspection Budget but is included in a separate Budget. The City Manager then showed a transparency to the Council showing the history 9 -17 -79 -4- of staffing in the Planning and Inspection Department. He indicated that from 1972 to 1979 the Planning and Inspection Department had increased from four to only five and 3/4 employees. He also noted that the request for inspections had increased from 2,082 in 1974 to 4,127 in 1978. Mayor Nyquist asked whether or not full -time clerical positions were being recommended in the Planning and Inspection Department. The Director of Finance stated that part -time salaries will be upgraded but that the Planning and Inspection Department will continue to part -time clerical staff. RECESS The City Council recessed at 9:00 p.m. and reconvened at 9:15 p.m. PUBLIC WORKS The City Manager explained that there are no personnel changes in the Public Works Budget for 1980. He noted that there is a request for a part -time clerical position at the maintenance shop to answer phones and order parts, etc. He stated that the capital outlay items which are related to oil sensi- tive maintenance items are increasing in cost greatly. He stated that an additional street sweeper is requested in 1980, explaining that the present sweeper is prone to breakdowns and that the old vacuum model will be used for that the request for a tandem dump is to less abrasive jobs. He explained q J haul salt and sand especially at major intersections. Councilmember Fignar asked for more information regarding the request for P a . The City Manager explained that the pagers will be used for the pagers. Y g two street foremen who will use them rather than outside speakers on their trucks. Councilmember Kuefler questioned whether the street maintenance material item in the Budget included the cost of salt. The Director of Finance stated that this did include the cost of salt and that the current cost in 1979 for salt is $18.50 per ton and the projected cost in 1980 is $21.25 per ton. The City Manager added that the volumes of material used did not change appreciably but that the cost did increase considerably. The City Manager noted that under vehicle maintenance the purchase of Chevolet Citations has reduced the fuel request for 1980. PARK A14D RECREATION DEPARTMENT The City Manager explained that there was no major change in the Park and Recreation Program for 1980. He noted that there is a request for an aquatic supervisor, adding that the Park and Recreation staff has indicated that the aquatic program is stagnating and that a full -time; person is neces- sary so that the program can be more fully developed and additional revenue be brought into the program. Councilmember Kuefler suggested that the Park and Recreation staff should set some g oals regarding the increased.revenue from the proposed full -time aquatic supervisor. He added that they should demonstrate that the program will be improved as a result of the addition of the aquatic supervisor. The Director of Finance explained that the Park and Recreation staff has indicated that the program will be improved through better use of personnel, and improved public relations. He added that the Park and Recreation staff has been reluctant to set a dollar figure on the anticipated improvements in the aquatic program. The City Manager stated that he-would ask the Park and Recreation staff for a specific dollar amount related to the improvements anticipated in the aquatic program as a result of the addition of the aquatic supervisor.- Councilmember Scott stated she had received calls from persons who are dissatisfied with the service received in the Community Center by Community Center employees. The Director of 'Finance noted that some of these people could be part -time people. 9 -27 -179 -5- Councilmember Kuefler noted a typographical error on page 93 of the Proposed City Budget where the word taxes should be replaced with the term user fees. He also noted the same typographical error on page 95 of the Proposed City Budget. Councilmember Lhotka then questioned what the salaries of temporary employees referred to on page 96 of the Proposed City Budget. The City Manager stated that these salaries are for persons running the playground programs. GENERAL RECREATION PROGRAMS Councilmember Kuefler questioned how the closing of warming houses will relate to a savings of labor. The City Manager explained that a $4,600 savings is anticipated from closing a number of the warming houses. Council - member Lhotka inquired how the lights are turned on and off at the skating rinks. The City ,Manager explained that they are turned on and off by the rink attendant. Councilmember Lhotka stated that he noticed that the lights were on last winter at the Grandview rink during a blizzard. The City Manager stated that he would investigate this situation and report back at the next Council meeting. COMMUNITY CENTER The City Manager explained that the installation of tile in the Community Center has worked onttwell for maintenance but that it is noisy and that acoustical material is needed to buffer the noise. He also noted that the globe lights located at the rear entrance to the Community Center have been vandalized many times and that alternatives are needed to solve this problem. He also noted that the furniture located outside the Social Hall needs to be replaced PARKS MAINTENANCE Councilmember Kuefler questioned where the Brooklane shelter building was placed in the Budget. The City Manager-explained that the Brooklane shelter building was not specifically stated in the Budget but that it would be con - structed with funds from either federal revenue sharing, the capital improve- ments fund, or the bond issue. Councilmember Kuefler suggested that the Brookline shelter building should be reflected somewhere in the 1980 Budget, adding that residents would generally like to see something stated concerning the shelter building. The City Manager explained that it was left out of the Budget because it was from a separate funding source. He added that the City staff will prepare an estimate for a replacement of the Brooklane shelter building. Mayor Nyquist questioned the $5,000 increase in temporary employees. The City Manager explained that this was due to a change in the compensation of part -time employees and added that the City is paying the part -time employees the equivalent of full -time pay for whatever category of work the part -time person is performing, rather than paying all the part -time personnel at a single rate. The Director of Finance noted that the full -time pay rates indicated in the 1980 Proposed Budget are listed at 1979 rates while the part- . time salaries stated in the 1980 Proposed Budget are shown at 1980 anticipated rates. He added that the City Manager has the prerogative to set part -time rates at the prevailing rates for the positions. The City Manager noted that the current part -time rates have not attracted a great number of people to the part -time positions. Councilmember Lhotka questioned the amount requested for large trees in the Parks Maintenance Budget. The City Manager explained that these "trees -would be placed in Central Park and are large shade trees for the Park. Council- member Fignar> questioned ' what the item listed under other improvements was for Central Park. The City Manager explained that these are items not covered 9 -17 -79 -6- by the grant for the Park. The Director of Finance noted that salaries will not be .set with the adoption of Proposed 1980 Budget. He added that the pay plan shown on page 108 of` >the 1980 Budget is not being presented for adoption at this time. The City Manager stated that the resolution setting salaries, shown on page 109 of the City Budget is not part of this Budget and that this will be accom- plished in November or December. Councilmember Kuefler asked whether the resolution adopting the City Budget was included. The City Manager stated that this resolution was contained on page 122 of the 1980 City Budget. He also noted that the preliminary calculations on the -levy limits shown on page 125 are subject to change. He also added that the City Charter states . that the Budget must be adopted in the first week of October. He explained that the Budget will be considered at the next.Council meeting along with a federal revenue sharing hearing and that a special Budget meeting has been scheduled for next Wednesday, if it is necessary. Councilmember Kuefler ,inquired what the dollar amount was between the Proposed City Budget and the levy limit. The Director of Finance explained that it is about $700. Councilmember Fignar asked what cash reserve the City currently has. The City Manager explained that the cash reserve is expressed as a percentage of the total operating expenditures of the Budget. He explained that the auditors recommend that between 25% and 50% of the annual operating expendi- tures in the Budget should be the amount of cash reserve that the City maintains. He noted that the City currently has 350, which represents 4' -2 months of the annual operating capital of the City. ADJOURNMENT Motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:35 p.m. Clerk Mayor 17 -7 9_ -7- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY ' OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION SEPTEMBER 26, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Dean Nyquist at 7:35 p.m. ROLL CALL Mayor. Dean Nyquist, Councilmembers Tony Kuefler, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, Director of Finance Paul Holmlund and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Bill Fignar would be absent and was excused. Mayor Nyquist reconvened the Special Budget Meeting. The City Manager commented on the questions raised at the last Budget meeting and explained that these questions would be addressed in the Budget addendum received by City Council members. He noted that, with regard to the calls for service in the Police Department on an average day, 30% to 40% of the calls could be handled by a CSO officer alone or be assisted by a CSO. Concerning the Brooklane shelter building, the City Manager indicated that it would be advisable to handle this expense out of the capital improvements fund to eliminate the red tape of revenue sharing, and that this would be handled by a separate resolution aside from the resolution accepting the Budget. Councilmember Kuefler inquired what the capital improvements fund represented. The Director of Finance stated that the capital improvements fund was for.major acquisition and not for rolling stock items. He noted that it began in 1971 before the levy limits and that it was funded from the interest on bonds and from assessment funds with excessive interest earnings after the bonds are paid off. POLICE DEPARTMENT Councilmember Lhotka referred to the handout on the 1980 Proposed Budget comparison of clerical proposals and noted an apparent discrepancy in that there is a 12% increase in hours shown for part -time clerical personnel and a 15% increase in pay for part -time clerical personnel in the Police Depart- ment. The Director of Finance noted that the hourly cost for clerical personnel is increased regardless of whether or not they are full -time or part -time since the part -time salaries will be increased to attract a Greater number of candidates to these positions. Councilmember Kuefler inquired whether there was a 12% increase in the workload in the Police Department in 1980 over 1979. The City Manager explained that the current trend is that there will be an increasing clerical workload in the Police Department. The Director of Finance pointed out that, in the past, dispatchers have done clerical work on an over- time basis when the need arose. Councilmember Kuefler questioned why the costs of supplies, repairs, and maintenance is substantially increased in the 1980 Budget. The City Manager explained that the items causing this increase include the higher costs of tear gas supplies, the purchase of a wall map for the dispatch room, the increased cost of ammunition, the need for more emergency flares, and the increase in the amount of photo ,supplies needed.,' He explained that the amount for photo supplies is up between 15% and 20 9 -26 -79 -1- over 1979 due mainly to the fact of the increased work needed by the City Assessor. Councilmember Kuefler questioned item 4323 in the Police Depart- ment Budget regarding the increased cost of radios. The Director of Finance explained that the rental rates for radio units are up 15% for 1980. Council q Y member Scott questioned why the dues in item 4413 have increased so greatly. The Director of Finance explained that the HECO dues are now included in this Budget item. Councilmember Kuefler inquired what the cost of the new squad cars would be. The City Manager explained that the cost would be approximately $6,000 per car. FIRE DEPARTMENT Councilmember Kuefler noted that supplies are also up substantially in the Fire Department for 1980 compared to 1979. The City Manager stated that a partial explanation of this is that the Fire Chief waits until late in the year to purchase these items for the Department. AQUATIC SUPERVISOR Councilmember Kuefler expressed a concern over the hiring of a full -time aquatic supervisor and questioned how the City go about evaluating the potential improvements that this position would bring to the swimming program. The City Manager explained that the Park and Recreation Director has given assurances that the $4,000 annual increase in the personnel costs for a full- time aquatic supervisor will be matched by the increased revenue brought in by the full -time position. The City Manager also noted a typographical error on the Budget addendum memorandum and noted that in the second to the last paragraph on page number 5, the $14,000 should be changed to $4,000. Councilmember Kuefler stated that he was concerned over the full -time position and that he felt the program usage must justify increased staffing. The City Manager explained that, in the Engineering Department, Police '0 and Finance Department full -time positions have been eliminated in the past." He suggested that the Council could make this position a one year position to test the assumptions on the benefit of the aquatic supervisor to the overall swimming and recreation program. Councilmember Lhotka asked whether or not the $7,100 shown as an increase in revenue from swimming lessons in 1980 is due to the addition of this position. The City Manager explained that this was not necessarily a result of the proposed full- time- position and that ;'the Park and Recreation staff anticipates an increase in swimming lessons in 1980. He noted that the Park and Recreation staff sees a spinoff benefit from the aquatic supervisor in that it will provide a more efficient use of pool time and more time to develop the overall program. Council - member Scott stated that she feels that two program supervisors` plus an aquatic supervisor is difficult to justify. The Director of Finance stated that the addition of the full -time aquatic supervisor had the potential to generate additional revenue. Councilmember Kuefler questioned how much the revenue would be increased by the aquatic supervisor and felt that there should be a more definite commitment on the part of the Park and Recreation Department in showing how the overall program will be improved by the addition of this full -time position. The City Manager explained that the Park and Recreation staff has indicated that they can generate enough revenue with this full -time position to pay for the $4,000 increase in an 18 month period. Councilmember Kuefler stated that he doesn't feel that the Park and Recreation Department has shown specifically how they will increase the revenue with the addition of the aquatic supervisor and in what specific areas. The City Manager referred the Council to the Budget addendum memo stating that the Park and Recreation Department has indicated that the aquatic supervisor will provide an increase in swimming program attentance and an overall increase in the usage of the pool by organized groups. Councilmember Kuefler stated that he doesn't see a measurable justification for the aquatic supervisor. The City Manager stated that the Park and Recreation staff could be asked 9 -26 -79 -2- to present more specific data on how the aquatic supervisor will improve their overall swimming program. He also recommended that the Council could direct the City Manager to refrain from hiring the aquatic super- visor until more specific data is provided on the benefits to be received by the addition of this full -time position. Councilmember Kuefler concurred with the City Manager's recommendation and again expressed his desire to see some measurable data on how the aquatic supervisor will benefit the overall swimming program. SPECIAL ELECTION The City Manager stated that the City Clerk has noted that the potential for a special election in 1980 can.be handled through the Contingency Fund and that the cost of such an election would be approximately $2,000. Mayor Nyquist asked if there were any more comments on the proposed 1980 Budget. Councilmember Kuefler stated that the format of the Budget is very good and understandable. Mayor Nyquist recognized Mr. Bill Clelland, who was present in the audience, who expressed an interest in the prosecuting attorney position for the City. Mr. Clelland stated that his proposal would involve a $5,000 annual reduction in the cost of the prosecuting attorney for the City. He stated that he was present to answer any questions about his proposal and to emphasize that it is a serious commitment and he is willing to give a two year commitment on the cost. Councilmember Kuefler asked Mr. Clelland how the cost would be billed out. Mr. Clelland replied that it would be a flat rate amortized over a 12 or 24 month period. Councilmember Kuefler then inquired about the fact that the prosecuting attorney does not have control over the number of hours he is required to work. Mr. Clelland replied that he is familiar with the prosecuting attorney case load and feels that his offer would be both fair to himself and to the City. He noted that he has developed a commitment to criminal prosecution and that his proposal is a matter of professional pride. He also noted that he would be able to offer the services of prose - cuting attorney on a different rate structure than he did before, since his new firm involves less overhead. He also noted that he guarantees that there would be no diminution of service DETACHED WORKER The City Manager referred to the Detached Worker Program and noted that the Council had approved the document agreement for the Detached Worker Program at the last City Council meeting. The Director of Finance explained that the levy limit margin was $700 at the last Council meeting and that since that time the City has lost some special levies and has picked others up but that we are now in a situation where the City is $19,000 over the levy limit and any addition could not likely be picked up by special levies. The Director of Finance explained that he feels that the City can cover the $19,000 but no more than this. The City Manager explained that he would recommend the use of the unappropriated surplus fund if the Council feels that the Detached Worker Program is a good and necessary program. There was a motion by Council- member Kuefler and seconded by Councilmember Scott to add the Detached Worker to the 1980 City Budget. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,_ Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO. 79 -227 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1980 BUDGET 9 -26 -79 -3- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 0 RESOLUTION NO. 79 -228 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE 'A TAX LEVY FOR 1980 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded - by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none;, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor'Nyquist, Council - members Kuefler, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8;55 pm. a Clerk Mayor 9 -26 -79 -4- WHEREAS, Minnesota Statutes 403 require that each county submit a final 911 plan to the Department of Administration by December 15, 1979 and each county shall have an operational 911 telephone system by December 15, 1982;- and WHEREAS, the Hennepin Emergency Communications Organization (HECO) has prepared a final "911 Plan For Hennepin County" that has been submitted to the Hennepin County Board of Commissioners; and WHEREAS, the rules promulgated by the Department of Administration which govern the design and operation of 911 systems in Minnesota require a certification by the county board that the final 911 plan meets the needs of the safety agencies whose services will be available by dialing 911; and WHEREAS, representatives of the City of have participated in the development of the final "911 Plan For Hennepin County". NOW, THEREFORE, IT IS RESOLVED that the City of hereby certifies that the final "911 Plan For Hennepin County" meets the needs of the safety agencies whose services are available within the City of and IT IS FURTHER RESOLVED that the City of recommends` that the Hennepin County Board of Commissioners approve the final "911 Plan For Hennepin County" as submitted by HECO. WHEREAS, Minnesota Statutes 403 require that each county submit a final 911 plan to the Department of Administration by December 15, 1979 and each county shall have an operational 911 telephone system by December 15, 1982; and WHEREAS, the Hennepin Emergency Communications Organization (HECO) has prepared a final "911 Plan For Hennepin County" that has been submitted to the Hennepin County Board of Commissioners; and WHEREAS, the rules promulgated by the Department of Administration which govern the design and operation of 91 systems in Minnesota require a certification by the county board that the final 911 plan meets the needs of the safety agencies whose services will be available by dialing 911; and WHEREAS, representatives of the City of have participated in the development of the final "911 Plan For Hennepin County ". NOW, THEREFORE, IT IS RESOLVED that the Cit y of hereby certifies that the final "911 Plan For Hennepin County" meets the needs of the 'safety agencies whose services are available within the City of ; and IT IS FURTHER RESOLVED that the City of recommends that the Hennepin County Board of Commissioners approve the final "911 Plan For Hennepin County" as submitted by HECO. 1 MEMORANDUM `TO: Ronald A. Warren, Director of Planning and Inspection FROM: Will-Dahn, Building Official s SUBJECT: Performance Bonds Recommended for Release or Reduction DATE: November 1, 1979 The following performance guarantees are recommended for release: 1. Towers Management Brookdale Towers Apartments 6915 Humboldt Avenue North Planning Commission Application Nos. 67072 and 69025 Amount of Guarantee — $3,500.00 Cash Escrow (authorized for reduction to $1,000.00 on 12- 4 -78). (Obligor - Towers Management) All site improvements installed as per approved plans. Sodding along Irving Avenue North boulevard area has been completed. Recommend total release. V 2. Denny's, Inc. 3901 Lakebreeze Avenue North Planning Commission A pp lication No. 77050 Amount of Guarantee $70,000.00 Bond {Obligor Denny's, Inc.} 1 All site improvements and plantings installed as per approved plans. Plantings have been viable for one full year. Recommend total release. The following performance guarantees are recommended for reduction: 3. John D. Sheehan Holiday Inn, 1501 Freeway Boulevard Planning Commission Application No. 77024 Amount of Guarantee $5,000.00 Cash Escrow (original guarantee of $40,000.00 reduced to $5,000.00 on 9- 11 -78). - (Obligor - John D. Sheehan, Jr.) All site improvements installed as per approved plans. Numerous plantings installed within the as n P t month. . Recommend reducing to $1500.00 until spring to determine viability of recent plantings. I; s Page 2 4, 'Northbrook Shop'ping'Center 1912 - 57th Avenue North Planning Commission Application No. 77056 Amount of Guarantee - $10,000.00 Certificate of Deposit (Obligor - United National Corporation) Original guarantee of $34,351.00 reduced to $10,000.00 on 8- 27 -79. All curb and gutter and plantings installed as per approved plan. Underground irrigation system, sodding and wood chip treatment not yet installed. Recommend reduction to $5,000.00. 5. Ewing Square 61st and France Avenue North Planning Commission Application No. 77030 Amount of Guarantee - $40,000.00 Bond (Obligor: Frana & Sons, Inc.) All plantings.sodding, paving and curbing installed. Fencing to screen parking lots incomplete and parking,lots not striped. Recommend reduction from $40,000.00 to $4,000.00: 6. Independence Ten 7240 Brooklyn Boulevard Planning Commission Application No. 78020 Amount of Guarantee - $22,000.00 Bond (Obligor: Independence Ten) All sod, paving, curbing, and new plantings installed. Four of six existing trees on east side of building have been removed or are dying. Recommend reduction from $22,000.00 to $2,000.00 until dead trees are replaced and to determine viability of new plantings. 7. Smoke Haus 5001 Drew Avenue North Planning Commission Application No. 78059 Amount of Guarantee - $10,000.00 Savings Passbook (Obligor - William Fosdick) Paving, curbing, sod, and shrubs installed according to plan. Trees not yet installed. Berming and drainage on north side of site inadequate. No handi capped signs installed and parking lot not striped. P 9 p 9 p Recommend reduction from $10,000.00 to $3,000.00. 0 APPROVED Y '2 � '! � 7 . Ronald A. Warren, Director of Planning and Inspection MEMORANDUM TO: Ronald Warren, Director of Planning and Inspection Department FROM: Andy Alberti, Building Inspector SUBJECT: Brookdale Ten Apartments DATE November 5, 1979 The following results are from an inspection conducted by me as you requested on November 2, 1979. See Inspection Report No. 62967. 1. All fencing has been reinstalled and /or repaired. 2. Wood chips have been placed around buildings having poly -vinyl plastic to prevent the pentration of water into lower level floor areas. These wood chips have held up in place very well during the past heavy rains we have had. 3. Approximately 100 square feet of sod has been placed around the `fuel tank fill pipe of Building No. 3429. The fill pipe has been boxed off and stone has been added inside the boxed a No other sod has been laced at other bare areas. are P 4. Screening of the rubbish containers.has not'been started. Most containers remain in the parking lot area as noted on the inspection we conducted with Sam Saliterman and Deloris Confai'r. Member introduced the following resolution and moved its adoption: RESOLUTION NO. j RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THE COMMUNITY EMERGENCY ASSISTANCE PROGRAM INCORPORATED FOR THE PROVISION OF SERVICES WHEREAS, the Community Emergency Assistance Program provides assistance to those needy Brooklyn Center residents in obtaining social services through referral to other agencies; and WHEREAS, Community Emergency Assistance Program provides food, clothing, shelter and household staples on an emergency basis to those Brooklyn Center residents in need; and WHEREAS, the Community Emergency Assistance Program provides assistance to the elderly and handicapped and other persons in similar circumstances with needed services including home chore services; transportation for such essentials as grocery shopping; minor appliances; auto and home repairs; housekeeping, babysitting; visitation programs; meals at the door services; health services such as blood pressure screening, diabetic screening, glaucoma screening and other similar services; emergency housing for those in need and a battered women program; and WHEREAS, the City Council of the City of Brooklyn Center has determined that the services provided by CEAP are a benefit to the residents of the City of Brooklyn Center: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. the City of Brooklyn Center enter into a five (5) year contract with the Community Emergency Assistance Program, Inc. for the provision of services for the residents of Brooklyn Center; 2. an amount of $135,000 be allocated for the payment of such services; 3. payment in full for the services to be provided by the Community Emergency Assistance Program, Inc. be made upon completion of their building; 4. payment be made to the Community Emergency Assistance Program, Inc. for the services to be provided by CEAP, Inc. to the City of Brooklyn Center; 5. the City shall receive an annual financial report from the Community Emergency Assistance Program, Inc. during the term of the contract; 6. the terms and conditions set forth in the agreement will not be reconsidered by the Council during the life of the contract. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. This Agreement is made this day of , 1979 between the City of Brooklyn Center, hereinafter referred to as the City, and the Community Emergency Assistance Program, Inc., hereinafter referred to as LEAP; In consideration of the covenants set forth herein, the City and CEAP agree as follows: Services Provided CEAP, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City to include, but not limited to, the following: a. Survival services such as food, clothing, shelter and household staples in emergencies, for those in need of such services. b. Assistance to those in need of social services which may be provided through referral to other Social Agencies. In addition, CEAP agrees to provide emergency survival services as set forth in Subparagraph a hereof, during the time between client contact with CEAP and the receipt of services from the referral Social Agency. c. Assistance to the elderly, the handicapped, and to other persons in need, such assistance to include, without limitation, home chore services; essential transportation for such matters as grocery shopping, medical care, dental needs, and similar purposes; minor automobile, appliance and home repairs; housekeeping services; baby- sitting services; visitation programs; meals at the door services; health services such as blood pressure screening, diabetes screening, glaucoma screening and other similar services; emergency housing for those in need. d. Emergency shelter and care service for battered women. e. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the CEAP Board of Directors. Limitations and Report CEAP shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by CEAP. CEAP shall submit an annual report to the City outlining the services provided to the City during the preceding year. Liabilities The City shall not exercise any control, shall provide no directive or advice to, and shall not interfere with CEAP or its employees or volunteers in the performance of the services required by this Contract. CEAP volunteers and employees shall not be considered employees of the City and shall be under the direct control of CEAP. CEAP agrees to indemnify the City and hold the City harm - less from any liability, claim, demand or action of any kind arising out of CEAP activities, and CEAP shall carry a policy of comprehensive general liability insurance in an amount approved by the City and shall name the City as an additional insured on such policy of insurance. Duration The services provided by CEAP hereunder shall commence on the day of , 1979, and continue for a period of five (5) consecutive calendar years. It is understood between the parties that CEAP intends to continue to provide similar services after expiration of this Contract, as a volunteer organization. Nothing in this Contract shall be construed to mean that the City shall renew this Contract in the event that CEAP continues to provide such services to the residents of the City of Brooklyn Center after expiration of this Contract. Payment The City agrees to pay the sum of One Hundred Thirty -five Thousand ($135,000.00) Dollars for the services provided hereunder, for the five -year term of the Contract. The sum of $135,000.00 shall be the total obligation of the City under this Contract and shall be payable to CEAP at such time as CEAP establishes a need for such funds in order to provide the services required hereunder. In the event that CEAP requires payment of the contract price in order to improve real estate for the purpose of providing the services hereunder, LEAP shall provide to the City, a continuing lien against said real estate. The continuing lien shall be in an amount obtained by dividing the number of days remaining under this Contract by 1,825 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. In the event that CEAP fails to provide the services hereunder, discontinues its operation, or otherwise breaches the Contract in any material way, CEAP shall refund to the City the amount determined by calculating the continuing lien as described herein, and in the event such amount is not refunded, the City shall have the right to foreclose the continuing lien by action as provided under Minnesota Statutes. Fire Loss In the event that CEAP is required to improve real estate as aforesaid in order to provide the services required hereunder, CEAP shall insure the improve- ments in the amount of at least $135,000.00 and shall name the City as a loss payee under the contract of insurance. In the event a fire occurs, the City shall receive, -2- as sole compensation for its rights under the loss payee clause, an amount equal to the amount obtained under the "continuing lien" calculations set forth in the preceding paragraph. Miscellaneous The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the CEAP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Dean Nyquist, Mayor Gerald G. Splinter, City Manager COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. President Corporate Secretary -3- Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING BID FOR INSMLLATION OF STEEL SHEET PILING DIKE AT UNITY AVENUE CULVERT WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials, or equipment, or any kind of con- struction wurk by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHMITAS, the Director of Public Works has obtained quotations for the installation of a steel sheet piling dike on the west side of Unity Avenue at the culvert approximately 650 feet north of 69th Avenue and said quotations were as follows: W /All New W/Used Sheet Materials Piling C. S. McCrossan, Inc. Osseo, MN $10,480 $ 9,039 L. H. Bolduc Co., Inc. Anoka, MN No Bid $13,600 Atlas Pile Driving Co. Rogers, MN $14,000 No Bid AND, WHEREAS, it appears that the bid of C. S. McCrossan, Inc. in the amount of $9,039.00 is the best bid submitted. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Brooklyn Center that the bid of C. S. McCrossan is hereby accepted. The Mayor and City Manager are hereby authorized to execute a contract with said bidder. Payment for said work shall be charged to the Municipal State Aid Construction Fund, Expendable Fund Balance (Account No. 2600). 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. CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 ROOKLYN TELEPHONE 561 -5440 CM TER EMERGENCY- POLICE -FIRE 561 -5720 T0: Gerald G. Splinter, City Manager FROM: Sy APP, Director of Public tATorks DATE: November ,l, 1979 RE: Correction of Culvert Problems at Unity Avenue At your request, I have investigated the problems associated with the culvert which crosses Unity Avenue approximately 650 feet north of 69th Avenue. In this process, I have also become involved in discussions regarding several other problems or questions regarding the developer's actions and responsi- bilities, as raised by individual property owners and /or The Homeowners Asso- ciation. Description and History of Culvert The culvert in question is a very large (122" x 78" reinforced concrete arch) culvert which connects the ",ponds" on both sides of Unity Avenue. The ponds in question here are simply widened and landscaped sections of a drainage ditch which has existed in this area for many years. More than 600 acres of developed areas, lying mostly in Brooklyn Park, drain through this culvert. The culvert was designed and installed by the City as a part of the Ponds- - Plat 2 development, with the entire costs charged to the developer. A review of the files and discussions with Jin Merila and Dennis Brown indicates that when the project was being designed, tuo basic alternates were considered, i.e.: Alt. 1: Install the culvert -with an invert elevation which coincided approximately to the proposed bottom elevation of the easterly pond. This could have necessitated installing the sanitary sewer at a depth of 12 to 16 feet for the entire length of Unity Avenue. Alt. 2: Install the culvert at a lower elevation so as to allow the sanitary to be constructed at depths of 8 to 12 feet, with in- sulation of the sanitary sewer main and water main as they cross the culvert. The City selected the second alternate, designed and constructed it, and charged the entire costs to the developer. Since construction of the culvert, several problems have developed, i.e.: 1. Because the culvert was installed six feet below the planned bottom of the west pond, the bottom of that pond is washing out and filling in the culvert. In fact,more than 75% of the cross - sectional area of the culvert is now filled, thereby posing a serious blockage of the drainage way. Sama&wf NOW 64 Mena to Gerald G. Splinter Page 2 of 3 Pages Navember 1, 1979 2. Because the ditch bottom is washing out, and because the width of the constructed ditch is somewhat narrower than the planned width, the side slopes of the ditch westerly of the culvert are failing, with progressive erosion occurring. 3. The water level in this area was planned to be about six inches below the top of the culvert. This could have allowed most of the floating debris which enters from upstream to pass through the culvert. The developer constructed his dam at an elevation which holds the water at an elevation level with the top of the culvert --or higher. This results in trapping all floating debris just west of the culvert. 4. The water depth west of the culvert is according to plan. However, it appears that none of the perms who purchased properties adjacent to this area realized that this portion of the "pond" would be less than one foot deep. Recap fended Actions After discussing this matter with the developer and with Fran Hagen, of Westwood Engineering (the developer's Engineer) I recommend that three things be accomplished: 1. That the developer reconstruct the first weir downstream from Unity Avenue so as to lower the water level to a mininn level at least six inches below the top of the culvert. This will allow most floating debris to pass through the culvert and con- tinue downstream. 2. That the City construct a sheet -pile dike westerly of the culvert to an elevation approximately 1.5 feet higher than the top of the culvert. This will keep the bottom of the ditch from continuing to wash into the culvert, while raising the water level of the westerly pond to a level which is more desirable to them. At the same tip, it will provide the developer, builders and /or homeowners a better opportunity to stabilize the banks of the pond and ditch. 3. That the City clean out the material which has washed into and obstructed the culvert, so as to restore the hydraulic capacity of the culvert. (bsts: I have asked three contractors to submit quotations for the installation of the steel sheet piling dike to me. Their bid quotations are tabulated within the attached resolution. In addition to construction of this dike, the City must clean out the culvert. 7b do this, I recommend we wait until the wall is constructed, then build a sand- bagged dike east of the culvert, then clean out the culvert. Because •this will involve City -owned equipment, and City crews, there should be no extraordinary cash outlay. However, this cost will probably be in the range of $2,000 to $3,000. Mena to Gerald G. Splinter Page 3 of 3 Pages Dbvember 1, 1979 Because this work is necessitated by our inadequate design, I recommend the City pay the costs for the dike, culvert cleanout, and riprap. Paul Holmlund recommends that, if this project is approved, it be charged to the Expendable Fbnd Balance account of the M.S.A. Construction fund. Miscellaneous Water Quality Problems Several residents of the Ponds area, and their Homeomers Association have expressed concerns regarding water quality of the ponds. The Minnesota Department of Natural Resources (D.N.R.) has investigated these matters and have submitted a report on their findings and recommendations (see attached letter to Mr. Joiner, the Presi- dent of the Homeowners Association). The question of whether the developer should install well(s) and pumps) to maintain the water level and to maintain flow through the ponds is still answered. I suggest waiting until the improvements recommended above are o mpleted, water levels are stabilized, and other functional patterns are established and observed before any final decisions are made. In any event, that decision is primarily one for the developer and the Homeowners Association to make, since capital outlay costs and operation and maintenance costs would be significant. cb Attachment DNR-8 STATE OF DEPARTMENT OF NATURAL RESOURCES Metro Region Fisheries, 1200 Warner Road, St. Paul, MN 55106 `HONE: 296-2959 File No. August 13, 1979 Bob Joiner P.O. Box 29496 Brooklyn Center, MN 55429 Dear Mr. Joiner: This letter is sent in response to your request for possible,effects of various treatments for control of submerged vegetation and algae.. I will try to explain the negative and positive effects of each but you must be aware of the fact that there is no one solution to all of the problems r your association has encountered. A number of variables will affect the pond areas in the future. First and foremost is the amount of nutrients allowed to enter from the streets and the natural storm drainage ditches already established. With the in- flux of these nutrients, a variety of rooted aquatic plants and /or various algaes could become established. Second, since construction is still in progress, the future of an adequate flow to retain water levels is in question. Should water levels recede in the future, impounded areas could become dry. This would promote the growth of emergent vegetation such as cattails and /or bullrush. Both of these emergent types serve a natural function in the purification of water. As per our discussion at the meeting of August 2, 1979, a pumping system that would deliver enough water to adequately maintain a continuous flow could be a partial solution. Whether the cost of initial purchase and upkeep of such a system would exceed the beneficial effect remains to be seen. Possible beneficial effects could be a lower nutrient load in the water supply. With lesser amounts of nutrients available, establishment of rooted aquatic plants would probably be minimal. Also, an adequate flow would minimize the amount of standing water available for development of filamentous algae. You requested information pertaining to the effects of aeration on aquatic Vegetation. Aeration for control of aquatic vegetation at this time is very uncertain. Although manufacturers of these systems claim beneficial effects from aeration, it is doubtful that the benefits will be predictable in light of new construction and natural changes expected to occur over the next 3 -5 years. AN EQUAL OPPORTUNITY EMPLOYER i�� Bob Joiner August 13, 1979 Page 2 As to future chemical treatments, I believe that we must wait until the construction of ponds is complete, water levels have stabilized, and historical flow is determined. We could then realistically evaluate the role of chemical treatment. If you have any questions or need further assistance, please feel free to contact me. Very truly yours, � F Terry "Eb inger Aquatic Nuisance Control Specialist TEsmv Menber introduced the following resolution and l � moved its adoption: RESOLUTION NO. RESOLUTION PERTAINING TO A SUPPLEMENTAL AGPMENT FOR BRIDGE AND ROADWAY CONTRACT 1979 -D (SHINGLE CREEK PARKVAY) WHEREAS, the excavation and fill quantities estimated for Street Grading Project No. 1978 -45A have been found to be far less than those actually encountered in the execution of the work; and WHEREAS, the designated site for disposal of excavated materials from said project is not capable of accomodating the increased amount of excavation; and WETERFAS, an alternate disposal site has been located outside the range of the truck hauling distance originally comprehended in the Specifications for Contract 1979 -D; and WHEREAS, the City Engineer has negotiated with the finn of C. S. McCrossan, Inc., the Contractor for said contract, a unit price for truck haul of excess excavated materials and has determined that the additional excavation, filling and truck hauling are necessary to the completion of Street Grading Project No. 1978 -45A as well as Bridge and Roadway Contract 1979 -D as originally intended, and WHEREAS, the City Engineer has also negotiated a new price for granular backfill material that takes advantage of materials available from current con- struction of FI 94. NOW, THEREE'ORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following additions or modifications be made to Project No. 1978 -45A of Contract 1979 - G: Revis Contract Rev. Unit Esr-. Item No ItEM Quantity Qua.nt. Unit Price Amount 2105.501 Common Excavation 5,153 3,500 Cu. Yd. 1.50 $ 5,250.00 2105.505 Muck Excavation 10,929 53,000 Cu. Yd. 2.70 143,100.00 2105.521 Granular Borrow 16,947 12,000 Cu. Yd.(LV) 3.20 38,400.00 2105.521 Granular Backfill 0 35,200 Cu. Yd. 1.80 63,360.00 2105.522 Select Granular Borrow Mod. 3.40 0.00 (< 10% P200) 1,023 0 C�i.Yd. (LU) 2105.522 Select Granular Borrow Nod. 88,400.00 (� 5% P200) 8,171 26,000 Cu. Yd.(LV) 3.40 2105.522 Select Backfill 0 36,500 Cu. Yd. (LU) 1.60 58,400 00 Truck Haul Excess Excavated Material (up to 10 miles) 0 20,000 Cu. Yd. 1.70 34,000.00 The above additions and modifications amount to an increase of $305,032.40 in the contract amount. Resolution No. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to enter into a supplemental agreement with C. S. McCrossan, Inc., said agreement to incorporate the revisions .noted above and provide for an extension of time of 30 days in the completion date of Contract 1979 -D. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution uas duly seconded by mm ber , 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. M & C No. 79 -28 November 2, 1979 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Supplemental Agreement to Contract 79 -D (Shingle Creek Parkway) To the Honorable Mayor and City Council: Approximately a week ago we became aware of a fact that the actual quantities of excavation and backfill on this project were in excess of "plan quantities ". The Engineering Department immediately reviewed the situation and made two . determinations: 1. The project was proceeding almost exactly "according to plan ". The actual depths and widths of the excavation and backfill coincide very closely to the planned cross sections. 2. In reviewing the plan quantities we find there was an error made in determining those quantities in the specifications which were prepared last winter and spring. Four options have been presented to me for consideration by the Engineering 'L Department and they are as follows: 1. Proceed as per plan, with no change in the details. Simply utilize materials and unit prices as contained in the contract, • applied to actual construction quantities. - Under this plan we did ask the contractor.to give us a reduced price on a "quantity discount" basis. His reply was that his bid unit prices for these items are approximately 15 -20% lower than those bid by the other five contractors who bid the project. Also, his running cost analysis shows to date that they are losing money on these items. Accordingly he emphatically declined to lower his unit prices. 2. Proceed as per the plan, but substitute "borrow" materials from Park Construction's I -94 project in Minneapolis to be used in lieu of processed and selective granular materials as specified. This plan requires the cooperation of our contractor with Park Construction. It is not feasible for us to deal directly with Park Construction since this would constitute direct interference with McCrossan's contract. Accordingly we have tentatively negotiated a deal wherein Park Con- struction would, in effect, become McCrossan's subcontractor. 3. Revise the plan to eliminate most of the muck excavation by floating our embankment over it. Under this plan we would know that settlement would occur over an extended period of time due to compaction and consolidation of buried peat and muck. Other complications would arise because there would have to be diversion of certain storm sewer and other piping projects. There would also be a number of li other complications due to this approach. M & C No. 79 -28 -2- November 2, 1979 4. Delete as much of the project as possible east of the bridge and still allow construction of the bridge. Redesign the project and include the balance of the work in a paving contract next year. The Engineering.Department and I have discussed the matter and we concur that the best approach to handling the situation is to adopt the No. 2 approach which would substitute Park Construction's borrow material for the selected granular fill. This is the best option available to us from a financial point of view and also provide us with a good sound road with only a slight chance of settlement. Plan No. 1 was rejected because it is the most expensive and really cannot be justified as long as there is an opportunity for us to have the quality borrow available from Park Construction on a timely basis. Plan No. 3 simply would provide for too much opportunity for settlement of the roadway and . also we are unsure of other construction cost increases because storm sewer project and other parts of the project, which involve piping, may have to be piled, thus, leading to substantial increases in cost. The fourth plan,which would be the close of the existing contract and rebid next year, was dismissed because there would be substantial increases in cost due to inflation, we would lose the opportunity of getting the Park Construction fill, these would be no time to allow such a deep fill to settle if we rebid next year as there is now if we proceed under Plan 2, and rebidding and working next year would result in a very late opening of Shingle Creek Parkway. We think it is important to coordinate that opening with the opening of the Shingle Creek Parkway bridge over the freeway. While the error in quantities was substantial, I want to emphasize that financially the City is not suffering because of the error. We would still be paying roughly the same amount of dollars as we'would have paid had the spec quantities been correct. The resolution authorizing the supplemental agreement is a required adjustment to the contract to allow the project to continue on a timely basis. Res e t 1 ub r LG. plinter City Man er CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) 50,000 BTU GAS FIRED UNIT HEATERS FURNISHED AND INSTALLED AT #7 PUMPHOUSE - 7101 CAMDEN AVENUE NORTH 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 two 50,000 BTU gas fired unit heaters furnished and installed at the #7 pumphouse and has determined that the quotation of Modern Heating & Air Conditioning in the amount of $1,052 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 two 50,000 BTU gas fired unit heaters furnished and installed at the #7 pumphouse in the amount of $1,052 from Modern Heating and Air Conditioning. i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. QUOTATIONS FOR TWO (2) 50,000 BTU UNIT HEATERS FURNISHED AND INSTALLED Royalton Heating $1,080 Modern Heating & Air Conditioning Co. $1,052 v Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE ROTARY ' CAMERA FOR MICROFILMING 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 and has determined that the quotation of M & W, Inc. in the amount of $3,150 for one Canon 230B rotary camera 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 one Canon 230B rotary camera in the amount of $3,150 from M & W, Inc. 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 r moved its adoption: RESOLUPICN NO. RESOLUTION AUTHORIZING EXB=ION CF CONTRACT FOR TOPOGRAPHIC MAPPING FOR GOLF COURSE STUDY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that the City Manager is hereby authorized to execute a contract with the firm of Aero- Metric Engineering, Inc. for topographic mapping of Lion's Park and the adjacent proposed golf course area, at a cost of $1,790.00. Date Mayor 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. CITY OF 6301 SHINGLE CREEK PARKWAY R O OK LYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 ENTER EMERGENCY - POLICE -FIRE 561-5720 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: October 31, 1979 RE: 'Topographic Mapping for Golf Course Study On June 25, 1979, the City executed an agreement with Brauer arxA Associates, Ltd., Inc. to conduct a feasibility study for a Par 3 Golf Course. As a part of that agreement, the City agreed to provide topographic mapping of the area for use by the consultant. We have reviewed that requirement and con- cluded that the best and most economical way to obtain this mapping is through the use of ai aerial photogrammetric survey. Attached hereto is a ro sal from Aero M tr'c Eng ineering, Inc. to provide this P 1ao om �e i g ng, P service at a cost of $1,790.00, provided the City furnishes the needed ground control survey information. I recommend acceptance of this proposal. A resolu- tion for this purpose is attached for consideration by the City Council. Respectfully Submitted, Sy p cb Attachments AE R O — METRIC 4708 NO. 40TH STREET SHEBOYGAN, WISCONSIN 53081 Phone 414/457 -3631 C Iliilllillll111111IINlliliiliillllllilll 1111111111111111111111( IIIIIIIIl lililllllllllil lllllllllllll11111111111111111111111111111111111111111 111(Ilillllliillliil Illlllllilllllliilill lllllllllli11111111H111i PHOTOGRAMMETRIC ENGINEERS & MAPPING SPECIALISTS — REGISTERED LAND SURVEYORS October 19, 1979 City of Brooklyn Center 0 1 Shi 1e Creek Parkway kw g ay Brooklyn Center, Minnesota 55430 Attention: Mr. Sy Knapp Re.* Aerial Photogrammetric Survey Services Dear Mr. Knapp: Aero- Metric Engineering, Inc., is pleased to submit the following firm proposal for acquisition of Aerial Photography and development of precision topographic mapping. The following will be a brief summary of the'services proposed by our office. Upon notification to proceed, we will acquire color aerial photography of your p duri site map outlining the area to be mapped has been P ssubmitted 7 for your review. We have calculated our Sixty (60) acres. y project area contains approximately Delivery to your office will consist of Two (2) complete sets of 9" x 9« color contact prints. One set will be for your office files. The second set will be annotated with all Horizon tal and Vertical Control Requirements. s i AERO- METRIC ENGINEERING, INC. Mr. Sy Knapp - 2 October 19, 1979 i City of Brooklyn Center • f Your personnel will complete all necessary control surveys and return the adjusted survey data to our offices. Our technicians shall plot topographic manuscripts, having a Horizontal scale of 1 = 50' Each manuscript shall contain One (1) foot contour intervals. 1, All mapping shall be produced on dimensionally stable repro- ducible mylar material. All mapping prepared by Aero - Metric Engineering shall be guaranteed to meet or exceed the National Map Accuracy Standards for One (1) foot interval mapping. Delivery to your office will consist of One (1) complete set of auto - positive copies of the original pencil manuscript as outlined above. Our Fee Schedule for the acquisition of all necessary aerial and development of manuscript topographic ma in photography P P P.F g as outlined within this proposal will be $1790.00 Our Fee Schedule is based on the utilization of accurate 41 control surveys provided by your office. Should these surveys prove faulty, we will require an add- itional Fee Schedule to compensate for any actual overrun costs F occurring through the use of faulty control data. We sincerely hope this proposal meets with your approval. Aero- Metric Engineering, Inc., looks forward to possibly providing our quality Photogrammetric Services for the City of Brooklyn Center. 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CLy� IQr �w •� - dlttZu � rP,l -1 ,� � �A� tl � � .. ,;,• , -;,i ,� �.:. � 1 /• � • J ��! � � �,.4 �I �•'' a _ r � � N �r (� � � ei ��r fJ �� � •~ •� �^ fb � O •z�. r� t / ` �•- t/ j2 .ry � � � © Z �teic•.(ty - 'a{>, J� `,• Imo/ _ '— 4J -- r >,. �( --��! / \• ", ftf J .� Ji._I_ t r ((�� y1C k au� IL� fl �i:' o Ct F t , ♦ t`� I.e :Il � ��� �/ II (� 11 \ (r z% 2'S v Q �.' * /!- i f •Y �! 1 ti M'e° l�J ' ysIH ao1nri u.c!>row8 C�l f �l ids ,� l o • �i��,f� �. _ 0 t: Ij � S h .._ ii IL ' 1 < i r. pF r:.a ' (� �' t .4 rt.J• `� i._� a q� Y" J!� __ -.l� �i r 1 � : N y r � � -: - � " li' � ._ x (,�, c�'(v� �•� t! �• ' � � ro ! ; � � �f� :�•� .�� � j� _.. �(� \ .. -�.�` �ax•;t 1 1 `l Z ��.�!.� f ,• : •• n � �► : V - tsarr ( © f� Aj AM :s i >t iu 3 nTI - -- `' . i 3 �'. � fuel �ale.til �. - �I �••-!� • n 1 -• '� Q'. ,:., t A1• l? 3111.1 ~ .r :`et C .il� 1: :(• ,'•.: 1..`- % " raw\ ��G . .. ... I w Member introduced the following resolution 7k and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA SHADE TREE PROGRAM AND APPROVING THE 1980 SHADE TREE PROGRAM BUDGET WHEREAS, Dutch elm disease and oak wilt disease have become serious problems in Minnesota affecting the shade tree population of the State and in the City of Brooklyn Center; and WHEREAS, the Minnesota Department of Agriculture has made funds available through its Shade Tree Program which provides up to 50% reimbursement for the City's cost of shade tree management and reforestation; and WHEREAS, the Brooklyn Center Park and Recreation Department has prepared a Shade Tree Program Budget for the calendar year 1980. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Shade Tree Program Budget for sanitation and replanting of trees for the calendar year 1980 is hereby approved and that the City's share of said Budget is available from the General Fund: Sanitation Reforestation Personnel $ 10,530.00 - Equipment Use 9,000.00 - Outside Contracts 103,750.00 $ 16,000 Miscellaneous - - .TOTAL $123,280.00 $16,000 BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center hereby authorizes the Mayor and City Manager to execute and submit the 1980 Shade Tree Program application to the Minnesota Department of Agriculture. 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. es s Member introduced the following r olut ion and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A COMMERCIAL DEVELOPMENT PROJECT OR PROJECTS WHEREAS, a representative of Commercial Partners, Inc., a Delaware corporation (the "Company "), has presented this Council with information concerning a proposed project or projects within the City; and WHEREAS, a representative of the Company has requested that the City resolve to issue commercial development bonds or notes or a commercial development note and has presented to this Council a form of preliminary resolution concerning such issuance with a request that such preliminary resolution, attached hereto as Exhibit A, be considered for adoption at the next regular meeting of this Council or at a special meeting of this Council. NOW, THEREFORE, BE IT RESOLVED that: 1. This Council will conduct a public hearing on the proposal to undertake and finance the commercial development project or projects described in the Notice of Public Hearing attached hereto as Exhibit B (the "Notice "); 2. The Clerk of the City is hereby authorized to cause the Notice, or a notice in substantially the same form as the Notice, to be published not more than thirty (30) nor less than fifteen (15) days before the date fixed in the Notice as the date of the hearing, in the official newspaper and a newspaper of general circulation of the City. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: October 30, 1979 SUBJECT: Industrial Revenue Bond Request From Commercial Partners, Inc. At the November 5, 1979 City Council meeting, the City Council will be asked to set a public hearing date for an industrial revenue bond request from Commercial Partners, Inc. With the submission of their request for an industrial revenue bond, they are essentially asking that the City Council reconsider a policy decision made last June to limit the amount of such revenue bonds outstanding to no greater than 5% of the City's assessed valuation. It is the intent of Commercial Partners, Inc. to use the proposed industrial revenue bonds to finance the acquisition of land and construction of a new 129,500 square foot commercial shopping center complex. Construction of the complex would begin in the spring of 1980 and would be completed early 1981. The estimated cost of the land, shopping center, construction and development costs is 7� million dollars as noted in the application. Commercial Partners, Inc. is requesting 7.2 million dollars in tax exempt financing. The project is located at Shingle Creek Parkway between John Martin Drive and County Road 10. It is the site immediately north of Brookdale Ford. The limit on the amount of industrial revenue bonds that can be outstanding at anyone time was established by the City Council at an estimated 6.8 million dollars. Of that amount, the City has either approved or tentatively approved $3,050,000 in industrial revenue bonds. Given the present policy, there is approximately $3,750,000 of industrial revenue bonding money still' available. Commercial Partners, Inc. is asking that the City exceed that maximum by $3,450,000. It is obvious that the City will reach the maximum level under the policy within a short period of time. As a result, the City will be unable to offer tax exempt financing for a number of years. It will take between three (3) and four (4) years before the City would have amortized $1,000,000 that could be again offered for tax exempt bonding. If the City Council is inclined to review the policy adopted, I would make the following two (2) recommendations. First, the policy should be retained as a guideline for reviewing and assessing project applications. Projects, similar to the ones that have already been approved by the Council, would be assessed according to the policies that have already been adopted. Second, the City should designate, prior to any application submission, areas within the City where development or redevelopment would be desirable. Tax exempt financing requests for those areas would then be treated on a case by case basis as possible exceptions to the policy. By adopting this format the City would then retain a tool by which it could encourage or foster the development or redevelopment of the City. Gerald G. Splinter -2- October 30, 1979 Any changes in this policy will obviously represent a significant change in the direction of the City's posture on industrial revenue bonding. If the Council adopts the resolution to set a public hearing date for Commercial Partners, Inc., the hearing would be held December 3, 1979 at 8:00 p.m. BH :in A t August 15, 1979 Mr. Brad Hoffman Administrative Assistant City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Brooklyn Center Policy for Review of Industrial Development Revenue Bonds Dear Brad: Thank you for this opportunity to express our comnents concerning the City's policy for the review of Industrial Development Revenue Bond applications. Generally, a defined specific policy or guideline regarding a city's use of Industrial Development Revenue Bonds is of tremendous value to an underwriter. By reviewing those guidelines, an underwriter is able to advise its client as to whether or not a project would qualify in that city. This can be accomplished with a minimuun of time on the part of the underwriter and the city. Brooklyn Center's policy is very good in that regard. It recites the City's purpose, lists certain requirements and suggests the proposed application procedure. All of these are very helpful to the underwriter in advising its client. We have one specific concern regarding paragraph 4 of the policy statement. Brooklyn Center's concern regarding public offerings of Industrial Development Yt�:zcmue Bonds is well recognized and shared by many other cities. Because a `s,.ty's name appears in the official statement, we believe the concern is c swine and the City should take precautions. Our camnent relates to the c( prohibition of public offerings. We believe that this prohibition o�uld possibly conflict with the City's intent to promote, attract and encourage the development of econcimically sound commerce. When a company, such as Medtronic, evaluates its capital expansion in a municipality, it has several avenues of capital formation available to it. In light of today's market conditions, Industrial Development Revenue Bonds are the most econcimically feasible. There are two methods of marketing those bonds, privately or publicly. Dain, Kalman & Quail Incorporated 100 Dain Tower • Minneapolis, MN 55402 • (612) 371 -2711 • Telex 290247 • Telegrams DKQ UNDWRT`MPS 1 {' Mr. Brad Hoffman August 15, 1979 Page 2 our recam is that the City modify its policy to allow public corporations to market bonds publicly. our rationale is the following: 1. All public corporations (those companies which have its ccMTOn stock publicly traded) must report on a quarterly and sanetimes monthly basis to the Securities and Exchange Carmission. These reports are exhaustive and any misrepresentation or violation of an SEC requirement results in sanctions placed upon the company; and 2. The private and public markets are cyclical, therefore, at any given time the interest rates obtainable in one may be significantly lower than interest rates in the other. We believe that a compromise can be reached between the City's need for protection and a public corporation's ability to access the public market. The City could maintain its protection if it limited private companies to private placements and allowed public companies to sell the bonds publicly or privately. In this way a private company could not use the City as a vehicle for selling a public security and the public canpany, which reports to the SEC, would be able to sell the bonds in the best market depending upon market conditions. By modifying the policy in this manner, the City does not take any risk that the information disclosed in the official statement is fraudulent or misrepresented. We hope that we have explained our position and our rationale sufficiently. Should you have any questions or you wish us to discuss the matter further in person please give us a call. I have enclosed my card. Sincerely, 4 Stephen E. Jaco Corporate Finance Department cl Member introduced the following resolution 7j and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO $1,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MEDTRONIC, INC. PROJECT), SERIES 1979; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: Section 1. Definitions. 1.01. In this Resolution the following terms have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Bond Register: the register maintained by the City Clerk pursuant to Section 5.04 hereof; Bonds: the Industrial Development Revenue Bonds (Medtronic, Inc. Project), Series 1979, to be issued by the City pursuant to this Resolution; Building: the approximately 52,000 square foot manufacturing facility and related facilities and improvements to be constructed on the Land by the Company; City: the City of Brooklyn Center, Minnesota, its successors and assigns; Company: Medtronic, Inc., a Minnesota corporation, its successors and assigns, which may assume its obligations in accordance with the Loan Agreement; Escrow Agent: the Northwestern National Bank of Minneapolis, or any successor escrow agent so designated pursuant to the Pledge Agreement; Guaranty: the Guaranty Agreement, executed by the Company and accepted by the Lender; Holder: the Lender or any person to whom any Bond has been assigned pursuant to Section 5.04 of this Resolution; Land: the real estate described in Exhibit A to the Loan Agreement; Lender: Continental Illinois National Bank and Trust Company of Chicago, its successors and assigns; Loan Agreement: the Loan Agreement to be executed by and between the City and the Company; RESOLUTION NO. Organizational Documents: the following documents, each of which shall be in form and substance acceptable to the Lender: (i) a copy of the Articles of Incorporation of the Company, certified by the Secretary of State of Minnesota; (ii) an opinion or opinions of counsel reasonably acceptable to the Lender indicating that each of the documents referred to in Section 3.03 of this Resolution has been duly executed and delivered and is the legal and binding obligation of the Company and the City, enforceable in accordance with its terms, except to the extent limited by state and federal laws, rulings and decisions and principles of equity affecting remedies and by bankruptcy, reorganization and other laws of general application relating to or affecting the enforcement of creditors' rights generally; Pledge Agreement: the Pledge and Loan Disbursement Agreement, among the City, the Company, the Lender and the Escrow Agent, including any amend- ment thereof; Project: the Land, the Building and the Project Equipment, as they may at any time exist; Project Costs: those costs defined as Project Costs in Section 1.01 of the Loan Agreement; Project Equipment: all items of furniture, machinery and equipment, or other personal property, to be acquired by the Company for installation in the Building or elsewhere or the Land and paid for in whole or in part from proceeds of the Bonds; and Resolution: this resolution of the City, adopted 1979, authorizing the issuance of the Bonds. Section 2. Findings. It is hereby found and declared that: (a) the real and personal property described in the Loan Agreement constitute a Project authorized by the Act; (b) the purpose of the Project is, and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound commerce so as to prevent the emergence of blighted and marginal lands and areas of chronic unemployment; pre - serving the existing investment of the community in facilities for public service and preserving a tax base adequate to finance such service; RESOLUTION NO. (c) the Project when completed will add to the tax base of the City and will accordingly be of direct benefit to the taxpayers of the City as well as those of the County and School District in which the City is located, will increase employment and the level of economic activity in the area, and enhance the reputation of the City as a desirable location for people and business; (d) the Project has been approved by the Commissioner of. Securities of the State of Minnesota as tending to further the purposes and policies of the Act; (e) the financing of the Project, the issuance and sale of the Bonds, the execution and delivery of the Loan Agree - ment and the Pledge Agreement, and the performance of all covenants and agreements of the City contained in the Bonds, the Loan Agreement and the Pledge Agreement and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Loan Agreement, the Pledge Agreement and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (f) it is desirable that the Industrial Development Revenue Bonds (Medtronic, Inc. Project), Series 1979 in the aggregate principal amount of $1,000,000 be issued by the City upon the terms set forth herein, and that the City assign its interest in the Loan Agreement and grant a security interest therein to the Lender as security for the payment of the principal of and interest and premium, if any, on the Bonds;, (g) the loan payments contained in the Loan Agreement are fixed, and are required to be revised from time to time as necessary, so as to produce income and revenue suffi- cient to provide for prompt payment of principal of and interest on the Bonds issued under this Resolution when due, and the Loan Agreement also provides that the Company is required to pay all expenses of the operation and maintenance of the Project including, but without limita- tion, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Land and payable during the term of the Loan Agreement; and (h) under the provisions of Minnesota Statutes, Section 474.10, and as is provided in the Loan Agreement, the Bonds are not to be payable from nor charged upon any funds of the City other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bond shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; each Bond issued hereunder shall recite that the Bonds, including interest thereon, are payable solely from the revenue pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional, charter or statutory limitation. RESOLUTION NO. Section 3. Authorization and Sale. 3.01 Authorization. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to business enterprises to finance the acquisition and construction of "projects" as defined in the Act, and to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 3.02 Preliminary City Approval. By preliminary resolution duly adopted by the City Council on September 10, 1979, this Council approved the sale of revenue bonds pursuant to the Act and the loan of the proceeds to the Company for the construction of the Project and authorized the preparation of such documents as may be appropriate to the Project. 3.03 Approval of Documents. Pursuant to the above authorization, there have been prepared and presented to this Council copies of the following documents, all of which are now, or shall be, placed on file in the office of the City Manager: (a) Guaranty; (b) Loan Agreement; and (c) Pledge Agreement. The forms of the documents listed in (a) through (c) above are approved, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney. Section 4. Authorizations. Upon the completion of the Loan Agreement and the Pledge Agreement approved in Section 3.03 hereof, and the execution thereof by the Company and the Lender, as the case may be, the Mayor and City Manager shall execute the Bonds in substantially the form set forth in Exhibit A hereto on behalf of the City, and shall execute such other certificates, documents or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrument or document by one or more officers of the City shall constitute, and shall be deemed conclusive evidence of, the approval and authorization by the City and the City Council of the instrument or document so executed. Section 5. The Bonds. 5.01 Form and Authorized Amount. The Bonds shall be issued substan- tially in the form hereinafter set forth in Exhibit A hereto, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution in the total principal amount of $1,000,000. The Bonds shall be dated as of the date of delivery thereof to the Lender, and shall mature on November l in the years and in the following principal amounts: Year Amount 1985 $175,000 1986 185,000 1987 200,000 1988 210,000 1989 230,000 RESOLUTION NO. The Bonds shall be five in number, one Bond representing each maturity, and numbered l through 5. The Bonds shall bear interest from the date thereof until paid or duly called for redemption at the rate of 6.50% per annum, subject to increase upon a Determination of Taxability as described in the Bonds. Interest shall be payable on each May 1 and November 1, commencing May 1, 1980, payable to the Holder thereof at its address on the Bond Register, or such other address as the Holder may designate in writing. The Bonds shall be subject to prepayment and redemption, in whole or in part and if in part in inverse order of maturities, at the option of the City at the direction of the Company, on November 1, 1982 and any date thereafter, at a_ price equal to the principal amount being so redeemed plus accrued interest. The Bonds shall also be subject to redemption at the option of the City at the direction of the Company or, upon written notice to the City and the Company, at the option of the Holder, upon a Determination of Taxability, at their principal amount with accrued interest at the increased rate described in the Bonds. In order for the City or the Holder to exercise the option to redeem any Bonds upon a Determination of Taxability, notice of the exercise of such option must be mailed by the City or the Holder, as the case may be, within 180 days of the Determination of Taxability, and the Bonds shall be redeemed on the next interest payment following, but not less than thirty days after, the mailing of such notice. Notice of redemption shall be mailed, at least thirty days prior to the date set for redemption, to the Holder of the Bonds to be redeemed at its address as set forth on the Bond Register. 5.02 Execution. The Bonds shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, and shall be sealed with its corporate seal. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.03 Mutilated, Lost or Destroyed Bond. In case any Bond shall become mutilated, or be destroyed or lost, the City shall cause to be executed and delivered a new Bond of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Bond, or in lieu of and in substitution for such Bond destroyed or lost, upon the Holder's paying with reasonable expenses and charges of the City in connection therewith, and, in case the Bond is destroyed or lost, its filing with the City evidence satisfactory to the City of such loss or destruction. 5.04 Registration of Transfer. The City will cause to be kept at the office of the Clerk a Bond Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfers of ownership of, the Bonds. Each Bond shall be transferable upon the Bond Register by the Holder thereof in person or by its attorney -duly authorized in writing, upon surrender of the Bond, together with a written instrument of transfer in the form attached to the Bonds or otherwise satisfactory to the Clerk and the City Attorney, duly executed by the Holder or its duly authorized attorney. Upon such transfer, the Clerk shall note the date of registration and the name and address of the new Holder in the Bond Register and in the registration blank appearing on the Bond. The City may deem and treat the person in whose name each Bond is last registered in the Bond Register and by notation on the Bond as the absolute owner thereof,' whether or not the principal balance or any part thereof is overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes. RESOLUTION NO. 5.05 Delivery and Use of Proceeds. Prior to delivery of the Bonds, the documents referred to in Section 3.03 hereof shall be completed and executed in the form and substance as approved by the City Attorney and an original, executed counterpart of each such document shall be delivered to the Lender, together with the Organizational Documents. The City shall thereupon deliver to the Lender the Bonds in the total principal amount of $1,000,000, together with a copy, duly certified by the City Clerk, of this Resolution and such closing certificates as are required by bond counsel. Upon delivery of the Bonds and the above items to the Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Bonds to the Escrow Agent to be disbursed to the Company in reimbursement of Project Costs, pursuant to the provisions of the Loan Agreement and Pledge Agreement. The Company shall provide the City with a full accounting of all funds disbursed for Project Costs. Section 6. Paying Agent. 6.01 Appointment of Paying Agent. If at any time the Holders of a majority in aggregate principal amount of Bonds at the time outstanding request of the City, the City will, as soon as reasonably possible after the receipt of a written request from such Holders, appoint a paying agent for the Bonds. Such paying agent shall be a bank or trust company satisfactory to the Holders of a majority in aggregate principal amount of the Bonds outstanding, the City and the Company, and having a capital and surplus of at least $100,000,000, (if there be such an institution willing, qualified and able to accept the appoint- ment upon reasonable or customary terms). Any action taken by the City pursuant to this Section 6.01 shall be taken by the City as soon as practicable after such written request from the Holders of the Bonds; however, no such action under this Section 6.O1 shall be required to be taken by the City without the approval of bond counsel chosen by or acceptable to the City. 6.02 Exchange of Bonds. Thereafter, upon surrender of any Bond by the holder thereof, the City will, without charge, deliver to or upon the order of such holder, in exchange therefor, a new Bond, in the same principal amount as the Bond so surrendered, in coupon form, payable at the office of the paying agent so appointed, and bearing interest from the date to which interest shall have been paid on the Bond so surrendered. Section 7. Limitation of City's Obligations. Notwithstanding anything contained in the Bonds, the Loan Agreement, the Pledge Agreement or any other documents referred to in Section 3.03 hereof, the Bonds shall not constitute a debt of the City within the meaning of any constitutional, charter or statutory limitation and shall not be payable from nor charged upon any funds other than the revenue pledged to the payment thereof and the City shall not be subject to any liability thereon, and no Holder of such Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, or to enforce payment thereof against any property of the City, and the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. The agreement of the City to perform the covenants and other provisions contained in this Resolution or in the Bonds, the Loan Agreement or the Pledge Agreement and the other documents listed in Section 3.03 hereof shall be subject at all times to the availability of revenues furnished by the Company sufficient to pay all costs of such performance by the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER Industrial Development Revenue Bond (Medtronic, Inc. Project) Series 1979 No. R- $ FOR VALUE RECEIVED, the CITY OF BROOKLYN CENTER, MINNESOTA, a municipal corporation of the State of Minnesota (the "City "), hereby promises to pay to CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, or registered assign (the "Holder "), at its principal office in Chicago, Illinois, or such other place as the Holder may designate in writing, or, if a paying agent has been appointed by the City pursuant to L the Resolution described below, at the office of such paying agent, from the source and in the manner hereinafter provided, the principal sum of DOLLARS ($ ), on November 1, 19 , and to pay interest thereon from the date hereof at the rate of six and one -half percent (&�%) per annum, all except as the provisions below with respect to the redemption of this Bond before maturity may become applicable hereto. Interest is payable on each May 1 and November 1, commencing May 1, 1980. All interest hereon shall be computed on the assumptions that each month contains 30 days and each year 360 days. Both principal and interest are payable in any coin or currency which at the time or times for payment is legal tender for the payment of public or private debts in the United States of America. In the event that interest payable on this Bond becomes subject to federal income taxation pursuant to a Determination of Taxability, as defined in the Loan Agreement of even date herewith (the "Loan Agreement ") between the City and Medtronic, Inc. (the "Company "), the rate of interest hereon shall automatically increase to 1250 of the rate per annum being charged from time to time by the Continental Illinois National Bank and Trust Company of Chicago for 90 day unsecured loans made at its banking house in Chicago, Illinois to commercial customers of the highest credit rating (the "prime rate ") and the City shall, within thirty days thereafter, pay to the Holder the aggregate difference between (i) -the amounts actually paid hereunder between the Date of Taxability, as defined in the Loan Agree- ment, and the effective date of such rate increase, and (ii) the amounts which would have been paid to the Holder during such period if the increased rate had been in effect. This Bond constitutes part of an issue in the total authorized face amount of $1,000,000, all of like date and tenor except as to denomi- nation and maturity date, issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the "Act "), for the purpose of providing funds for a project, as defined in Minnesota Statutes, Section 474.02, Subdivision la, consisting of the construction of a manufacturing facility within the City, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Company pursuant to a resolution, duly adopted on November 5, 1979, by the City (the "Resolution ") and the Loan Agreement, thereby assisting activities in the public interest and for the public welfare of the City. This Bond is secured by a Guaranty Agreement, of even date herewith (the "Guaranty "), between the Company and the Holder, a Pledge and Loan Disbursement Agree- ment, of even date herewith (the "Pledge Agreement "), among the City, the Holder, an escrow agent and the Company. The Bonds are subject to redemption and prepayment, in whole or in part and if in part in inverse order of maturities, at the option of the City at the direction of the Company, on November 1, 1982 and any date thereafter, at a price equal to the principal amount thereof with accrued interest. The Bonds shall also be subject to redemption and prepayment at the option of the City at the direction of the Company, or, upon written notice to the City and the Company, at the option of the Holder, upon the occurrence of Determination of Taxability, at their principal amount with accrued interest at the increased rate set forth above, provided that notice of such redemption is given within 180 days of the Determination of Taxability. Notice of redemption of any Bond prior to its stated maturity date shall be mailed, at least thirty days prior to the date set for redemp- tion, to the Holder of the Bonds to be redeemed at its address as it appears on the Bond Register maintained by the City Clerk. As provided in the Resolution, and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the office of the City Clerk, by the Holder hereof, in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer in the form attached hereto or otherwise satisfactory to the City Clerk and City Attorney, duly executed by the Holder or its duly authorized attorney. Upon such transfer, the City Clerk will note the date of registration and the name and address of the new Holder in the registration blank appearing below. The City may deem and treat the person in whose name this Bond is last registered upon the books of the City with such registration noted on this Bond as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal, redemption price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Bond to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, convenants, provisions and stipulations contained in the Resolution and Pledge Agreement are hereby made a part of this Bond to the same extent and with the same force and effect as if they were fully set forth herein. If a default occurs under this Bond, or a default occurs under the Loan Agreement, Guaranty or Pledge Agreement, then the Holder may at its right and option declare immediately due and payable the principal balance of this Bond and interest accrued thereon to the date of declaration of such default, together with any reasonable attorneys' fees incurred by the Holder in collecting or enforcing payment thereof, whether suit be brought or not, and all other sums due hereunder or under the Loan Agreement, and payment thereof may be enforced and recovered in whole or in part, at any time by one or more of the remedies provided in this Bond or in the Loan Agreement or Guaranty. The Holder may extend the time of payment of interest and /or principal of this Bond, without notice to or consent of any party liable hereon and without releasing any such party. This Bond and the premium, if any, and interest hereon shall never constitute a debt of the City within the meaning of any constitu- tional provision or statutory limitation, and shall never constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. This Bond and the premium, if any, and interest hereon are payable solely from the revenues pledged to the payment thereof pursuant to the Loan Agreement and secured by the pro- visions of the Guaranty, and the Holder of this Bond shall never have the right to enforce payment thereof against any property of the City. This Bond does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City 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 from the Loan Agreement or the Guaranty sufficient to pay all costs of such performance or the enforcement thereof. The remedies of the Holder, as provided herein, and in the Guaranty and the Loan Agreement, shall be cumulative and concurrent and may be pursued singly, successively or together and, except as provided in the Loan Agreement, at the sole discretion of the Holder, 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. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder, and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND .RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Bond do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Bond to be duly executed by the signatures of its Mayor and City Manager, and to be sealed with its official seal, and to be dated this 16th day of November, 1979. CITY OF BROOKLYN CENTER, MINNESOTA BY: Mayor ATTEST: City Manager (Seal) CERTIFICATE OF REGISTRATION ' Note: There must be no writing in the space below except by the City Clerk. Date of Name of Signature of Registration Registered Owner City Clerk November 16, 1979 Continental Illinois National Bank and Trust Company of Chicago ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registra- tion thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this OF. ASSIGNEE assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any charge whatsoever. Member introduced the following resolution and 7 moved its adoption: ` RESOLUTION NO. RESOLUTION AUTHORIZING AGREEMENT WITH OPTIMUM SYSTEMS INCORPORATED FOR PROTECTION OF TRADE SECRETS WHEREAS, the City of Brooklyn Center, Minnesota, is a member of Local Government Information Systems (LOGIS), a joint powers organization of local Minnesota government units formed pursuant to Minnesota Statutes, Section 471.59; and WHEREAS, LOGIS has entered into an agreement with Optimum Systems Incor- porated (OSI), a California corporation, effective as of August 23, 1978, and entitled "Local Government Management Information System Agreement, Contract No. 2027" (hereinafter referred tows the "contract "), whereunder LOGIS contracted to purchase from OSI certain items of computer hardware and software which, if accepted by LOGIS under the contract, will be employed by LOGIS for the benefit of its members, including the City of Brooklyn Center, in providing economical data processing services to the members of LOGIS; and WHEREAS, under the terms of the contract, particularly Section 4.01(a) thereof, each member of LOGIS is required to execute a written statement, to be effective upon acceptance of the property under the contract, which runs in favor of both LOGIS and OSI and which embodies the terms and conditions of Paragraphs 4.01(c) through 4.01(h) of the contract: NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center, Minnesota, as follows: _1. (4.01(c)) The City acknowledges and agrees throughout the duration of the contract that, as between OSI and LOGIS, title and full owner- ship rights to the GEMUNIS /3000 System and all components thereof delivered to it remain with OSI. The City further acknowledges and agrees that the GEMUNIS /3000 System and all components thereof, inclusive of the ideas and expressions therein contained, are valuable trade secrets and proprietary information of OSI, whether or not any portion thereof is or may be validly copyrighted or patented. The City covenants that it will not make use of the GEMUNIS /3000 System, directly or indirectly, for the benefit of any party which is not a member of LOGIS, or which has not executed a written statement satisfactory to OSI under the con- tract embodying the substance of the covenants hereof as required by Section 4.01(a) of the contract. 2. (4.01(d)) The GEMUNIS /3000System and all information related thereto,_ in whatever form imparted to LOGIS or the City by OSI in connection with OSI's performance under the contract, will be deemed confidential and proprietary to OSI, will be held in trust and confidence by the City, and will be safeguarded by the City to the same extent that the City safeguards its proprietary material, which in no event will be less than that which a reasonably prudent governmental unit would exercise under similar circumstances. To those ends, the City agrees to take reasonable steps necessary to ensure that the GEMUNIS /3000 System and all information related thereto are not made available by the City or by any of its agents, servants, and employees to any other person, firm, or entity, except as permitted by the contract. The City further agrees to take reasonable steps necessary to ensure that all those above -named individuals having access to the GEMUNIS /3000 System will observe and perform the obligations hereby undertaken by the City. RESOLUTION NO. 3. (4.01(e)) LOGIS may modify any computer program comprising the GEMUNIS/ 3000 System. All such modifications will be deemed an amendment to the license granted by the contract and subject to all terms and conditions of said license, and, only for the purposes of such license, those modi- fications will be deemed a part of the GEMUNIS /3000 System as defined in the contract. 4. (4.01(f)) The City will reproduce and include OSI's copyright notice wherever it appears on copies, in whole or in part, in any form, including partial copies and modifications, of the computer programs and other mat- erials comprising the GEMUNIS /3000 System, inclusive of, but not limited to, documents and the manuals delivered under the contract. 5. (4.01(g)) To the extent that the City modifies any document or manual delivered to it relating to the GEMUNIS /3000 System pursuant to the contract, or incorporates any information from a document or manual delivered to it pursuant to the aforementioned license into a publication originating with the City for dissemination by the City, then, and in such event, the City will first comply with the provisions of Paragraph 4.01(f) of the contract, as embodied in Paragraph 4 of this Resolution, and the City will disseminate such document only to its agents, servants, or employees 6. (4.01(h)) The City will indemnify and hold OSI harmless against any losses, damages, costs, expenses, claims, or actions resulting from or arising out of any use not authorized by the license granted in the con - tract of the computer programs and /or materials comprising the GEMUNIS/ 3000 System by the City, by any agent, servant, or employee of the City, or by any other person who obtains access through the City to the computer programs and materials licensed to the City. 7. The City makes the foregoing covenants, which run to the benefit of LOGIS and to OSI, in fulfillment of the City's obligation under the contract, and effective as of the date provided therein. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter City Manager FROM: Director of Finance DATE: October 22, 1979 SUBJECT: EC7• Resoluti n A o uthorizin Agreement with OSI For P e ent o Protection 9 re 9 0 of Trade Secrets I have attached a copy of a memo received from LOGiS Executive Director, Ted Willard. The memo requests that the City of Brooklyn Center adopt a resolution which will state the City's agreement to protect certain trade secrets connected with the GEMUNISj3000 system which is being installed for LOGIS by OSI. -Mr. Willard's memo will give you further details on the agreement. I have also attached a copy of the resolution prepared by Mr. Willard which he wishes authorized by the City Council.. Respectfully submitted, Paul W. Holmlund PH:pk / cc: _Tom Bublitz Attachments LOCAL GOVERNMENT • - - - M IORMATION SYSTEMS. ASSOCIATION 6820E Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, (612) 566 -0050 September 20, 1979 MEMORANDUM TO: LOGIS BOD MEMBERS ' ro FROM: T. L. Willard SUBJECT: HP Computer System Financing Documentation Background LOGIS is planning to buy the HP -3000 computer system, required ancillary equipment, and license the necessary software when the contracting firm, Optimum Systems, Incorporated, of Santa Clara, California, has demon- strated conformance to the contract requirements (the Project). The financing plan involves creation of a private, non - profit corporation (Minnesota Municipal Leasing Corporation - MMLC), issuance of Industrial Development Revenue Bonds by the City of Brooklyn < Center, -with bond proceeds flowing to MMLC, payment of the "Project" costs by MMLC, and leasing of the "Project" to LOGIS for five years, after which LOGIS may buy the equipment. However, MMLC must return the proceeds of such a purchase to LOGIS members. The chain of documentation for the IDR's requires certain contract assignments to be accomplished, as well as a resolution to be adopted by each LOGIS member agreeing to abide by OSI''s requirements for the protection of its trade secrets. In essence, the resolution promises that the City will not release any OSI programs or documentation to anyone not a member of LOGIS. Action Requested Please present the attached resolution to your governing body for authori- zation at the earliest practical date, and return two certified copies of the resolution to LOGIS. We are doping for the bond sale to be accomplished by October 1, so would greatly appreciate your expediting the matter. T&. b , cc: Dave Kennedy Member introduced the following resolution and moved its adoption: RESOLUTION NO. j RESOLUTION AUTHORIZING AGREEMENT WITH OPTIMUM SYSTEMS INCORPORATED FOR PROTECTION OF TRADE SECRETS WHEREAS, the City of Brooklyn Center, Minnesota, is a member of Local Government Information Systems (LOGIS), a joint powers organization of local Minnesota government units formed pursuant to Minnesota Statutes, Section 471.59; and WHEREAS, LOGIS has entered into an agreement with Optimum Systems Incor- porated (OSI), a California corporation, effective as of August 23, 1978, and entitled "Local Government Management Information System Agreement, Contract No.. 2027" (hereinafter referred to as the "contract "), whereunder LOGIS contracted to purchase from OSI certain items of computer hardware and software which, if accepted by LOGIS under the contract, will be employed by LOGIS for the benefit of its members, including the City of Brooklyn Center, in providing economical data.processing services to the members of LOGIS; and WHEREAS, under the terms of the contract, particularly Section 4:01(a) thereof, each member of LOGIS is required to execute a written statement, to be effective upon acceptance of the property under the contract, which runs in favor' of both LOGIS and OSI and which embodies the terms and conditions of Paragraphs 4.01(c) through 4.01(h) of the contract: (- NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center, Minnesota, as follows: 1. (4.01(c)) The City acknowledges and agrees throughout the duration of the contract that, as between OSI and LOGIS, title and full owner- ship rights to the GEMUNIS /3000 System and all components thereof delivered to it remain with OSI. The City further acknowledges and agrees that the GEMUNIS /3000 System and all components thereof, inclusive of the ideas and expressions therein contained, are valuable trade secrets and proprietary information of OSI, whether or not any portion thereof is or may be validly copyrighted or patented. The City covenants that it will not make use of the GEMUNIS /3000 System, directly or indirectly, for the benefit of any party which is not a member of LOGIS, or which has not executed a written statement satisfactory to OSI under the con- tract embodying the substance of the covenants hereof as required by Section 4.01(a) of the contract. 2• (4.01(4)) The GEMUNIS /3000 System and all information related thereto, in whatever form imparted to LOGIS or the City by OSI in connection with OSI's performance under the contract, will be deemed' confidential and proprietary to OSI, will be held in trust and confidence by the City, and will be safeguarded by the City to,the same extent that the City safeguards its proprietary material, which in no event will be less than " that which a reasonably prudent governmental unit would exercise under similar circumstances. To those ends, the City agrees to take reasonable steps necessary to ensure that the GEMUNIS /3000 System and all information related thereto are not made available by the City or by any of its agents, servants, and employees to any other person, firm, or entity, except as permitted by the contract. The City further agrees to take reasonable steps necessary to ensure that all those above -named individuals having access to the GEMUNIS /3000 System will observe and perform the obligations hereby undertaken by the City. w RESOLUTION NO. 3. (4.01(e)) LOGIS may modify any computer program comprising the GEMUNIS/ 3000 System. All such modifications will be deemed an amendment to the license granted by the contract and subject to all terms and conditions of said license, and, only for the purposes of such license, those modi- fications will be deemed a part of the GEMUNIS /3000 System as defined in the contract. 4. (4.01(f)) The City will reproduce and include OSI's copyright notice wherever it appears on copies, in whole or in part, in any form, including partial copies and modifications, of the computer programs and _other mat - erials comprising the GEMUNIS /3000 System, inclusive of, but not limited to, documents and the manuals delivered under the contract. S. (4.01(g)) To the extent that the City modifies any document or manual delivered to it relating to the GEMUNIS /3000 System pursuant to the contract, or incorporates any information from a document or manual delivered to it pursuant to the aforementioned license into a publication` originating with the City for dissemination by the City, then, and in such event, the City will first comply with the provisions of Paragraph 4.01(f) of the contract, as embodied in Paragraph 4 of this Resolution, and the City will disseminate such document only to its agents, servants, or employees. 6. (4.01(h)) The City will indemnify and hold OSI harmless against any losses, damages, costs, expenses, claims, or actions resulting from or arising out of any use not authorized by the license granted in the con - tract of the computer programs and /or materials comprising the GEMUNIS/ 3000 System by the City, by any agent, servant, or employee of the City, E or by any other person who obtains access through the City to the computer programs and materials licensed to the City. 7. The City makes the 'foregoing covenants; which run to the benefit of LOGIS and to OSI, in fulfillment of the City's obligation under the contract, and effective as of the date provided therein. 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. IV `, i Tickler Date MEMO CITY OF BROOKLYN CENTER To Date From J y, Z C I O �eA 'nof t �2,30 0 F nom+ � •�)• 17Z"1412 Ivi 7411, AVOID VERBAL MESSAGES MEMORANDUM TO: Gerald G. Splinter City Manager FROM: Director of Finance DATE: October 22, 1979 SUBJECT: Purchase of One Unbudgeted Piano for the Community Center I have attached a copy of a memorandum from Gene Hagel dated October 9, 1979, in which Gene states he had received approval from you for the purchase of one piano. Will you please give me written confirmation of your approval so that I might release the check for the purchase of the piano. Respectfully submitted, Paul W. Holmlund PH:pk Attachment MEMO TO Paul Holmlund Director of Finance FROM Gene Hage1 Director of Parks and creation` DATE October 9, 1979 SUBJECT Purchase of Piano for the Community Center. Prior to the purchase of the above piano I discussed with, and received approval from the City Manager. CC: Gerald Splinter, City Manager Allen Lindman, Purchasing Officer - MEMORANDUM TO: Eugene Nagel Director of Parks and Recreation FROM: Director of Finance I • DATE: October 5, 1979 SUBJECT: Purchase of One Unbudgeted Piano for the Community Center In reviewing the checks to be issued, on October 9, 1979 I came across a voucher check and purchase order in the amount of $985 for one Baldwin piano for the Community Center. In checking the 1979 budget, I do not find the acquisition of a piano authorized by the City Council. It is City policy that the City Council authorizes the purchase of all capital outlay. I c m holding M a ho d o the a from City Manager e ch ck until I receive approval f o the t .. Y g r PP for the acquisition of the piano. Respectfully submitted Paul W. Holmlund . Director of Finance PH:pk ' cc:Gerald Splinter, City Manager Allen lindman, Purchasing Officer PLANNING COMMISSION AGENDA STUDY SESSION October 25, 1979 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: September 27, 1979; October 11, 1979. . 4. Chairman's Explanation: The Planning Commission is an advisory body. One of the Commission's - :functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions on these matters. 5. Public Hearing on the Proposed 1980 Brooklyn Center Comprehensive Plan. Bill Weber and John McNamara of BRW will be present to answer questions on the Plan from the Planning Commission and the general public 6. Other Business 7. Adjournment QUOTATIONS FOR ROTARY CAMERA FOR MICROFILMING M & W Canon, Inc. 230B Canon $3,150.00 3M Business Products Model 3400 Camera $4,618.00 PENDING PLANNING COMMISSION APPLICATIONS - r - �........,x.. NOVEMBER 1 , 1979 Pending Planning Commission Applications 79034 M. A. Mortensen Site.& Bldg. John Martin Drive 79063- Lawrence Rudenick Plat 69th & Oliver Avenues North 79064 Banco Properties, Inc. (Piccadilly Pond) Site & Bldg. 7200 Block on Brooklyn Boulevard 79065 Banco Properties, Inc. (Piccadilly Pond) Plat 7200 Block on Brooklyn Boulevard 79066 Darrell'Ajarr Development Corp. /Jay Joyner Appeal 4201 -07 Lakeside Avenue North Items Tabled by Planning Commission 79055 Edwin Kauffmann /Village Builders Rezoning 58th and Logan Avenues North 79056 Edwin Kauffmann /Village Builders Site & Bldg 58th and Logan Avenues N. Items Pending Council Approval 79019 Charlson /Brookdale Ford Plat Shingle Creek Parkway 79025 Jarold Modeen Rezoning 5455 to 5545 Brooklyn Boulevard i QUOTATIONS FOR ROTARY CAMERA FOR MICROFILMING M & W Canon, Inc. 230E Canon $3,150.00 3M Business Products Model 3400 Camera $4,618.00 l� Licenses to be approved by the City Council on November 5, 1979 MECHANICAL SYSTEM'S LICENSE D. J.'s Heating & Air Conditioning 6060 Labeaux Avenue Build'ng Official NONPERISHABLE VENDING MACHINE LICENSE Coca-Cola Bottling Co. 1189 Eagan Industrial Rd. j Holida y ' Inn 1501 65th Ave. No. J A✓ Sanitarian RENTAL DWELLING LICENSE Initial: Thomas Howe &Bill Howe 3112 49th Ave. No. Renewal: Donald P. Foster 5100 Brooklyn Blvd. /� - (.( ((/ x'j Charles & Linda Sabatke 6306 Brooklyn Dr. 1 Wilfird & Lillian Hollenbeck 5406 Bryant Ave. No. Alfred & Myrtle Herlitz 7037 Drew Ave. No. Dale C. Wegner 5935 Dupont Ave. No. C C /Z ') Rafael Rocha 5324,26 James Ave. No. 'o—' _ Lewis & Vivian Hedlund 5316,20 Russell Ave. No. A' _(- Robert Nechal 5332,36 Russell Ave. No. Fred & Judie Swenson 5340,44 Russell Ave. No. Director of Planning and Inspection