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HomeMy WebLinkAbout1979 12-03 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center December 3, 1979 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes November 19, 1979 5. Open Forum 6. Performance Bond Releases: a. Assembly of God, 6018 Xerxes Avenue North b. Coachmen Diversified, 6660 Shingle Creek Parkway c. Ansari Abrasives, 3400 - 48th Avenue North d. Michlitsch Builders, 6637 Humboldt Avenue North e. Midwest Area Insurance, Inc., 6900 Humboldt Avenue North y 7. Resolutions a. Authorizing the Purchase of a 3/4 Ton Pickup for the Public Utilities Department - This vehicle will replace a 1969 pickup which has 85,000 miles of use b. Accepting Proposal for Design of Central Pazk Athletic Field Lighting System This item is included in the LAWCON grant for development of Central Park. C. Authorizing the Purchase of 35 Hand Guns for the Brooklyn Center Police r Department d. Authorizing Joint Powers Agreement for Inter- agency Special Investigation Squad f e. Resolution in Regard to Study of Consolidated Dispatch Service f. Resolution Authorizing the Brooklyn` Center Volunteer Fire Department to Use A Certain State - Owned. House in the City of Brooklyn- ,.Center for Training Purposes 8. Approval of Contract Agreement Between the City of Brooklyn Center and Suburban Community Services -This contract is a renewal of an agreement the City entered into last year with Suburban Community Services regarding recreational programming for the handicapped. 9. Discussion items: a. Park and Recreation Aquatic Supervisor b. Appointments to City Commissions C. Park Bond Issue: Prospective Steering Committee Members 10.. Licenses 11. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 19, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. DOLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul'Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffer,, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Councilmember Tony Kuefler. APPROVAL OF MINUTES - NOVEMBER 5, 1979 & NOVEMBER 6, 1979 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the November 5, 1979 City Council meeting as submitted. Votin g Mayor in favor: Ma Nyquist, Councilmembers Kuefler, Yq Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the minutes of the November 6, 1979 special session as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist noted that the Council had received a request to use the Open Forum session from Mr. Everett Carlson of 5905 Ewing Avenue North. Mayor Nyquist noted that Mr. Carlson was not present at tonight's meeting. He inquired-of the audience if anyone was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. APPOINTMENTS The Mayor noted he would like to consider an item which was not on the agenda, that being an appointment to the Park and Recreation Commission. Mayor Nyquist recommended the appointment of Harry Bradford of 4701 Lakeview Avenue North to the Park and Recreation Commission. He noted that Mr. Bradford has lived in the City for six years and will be representing the southwest park service area. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to appoint Mr. Harry Bradford as a commissioner to the Park and Recreation Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed unanimously. FINAL PLAT APPROVAL The City Manager introduced the final plat'of Brookdale 2nd Addition and noted that the City Council had approved the preliminary plat on July 25, 1979 under Application No. 79033. The Director of Public Works reviewed the plat and noted that all improvements were in and that no subdivision 11- 19 -79, -1- agreement was necessary. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the final plat of Brookdale 2nd Addition, located between Brooklyn Boulevard and Xerxes Avenue, north of County Road 10 and Northway Drive. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar. Lhotka, and Scott. Voting against: none. The motion passed unanimously. SUBDIVISION BOND REDUCTIONS /RELEASES ` The City Manager referred the Council to a memorandum regarding subdivision bond reductions and releases. He recommended a reduction of the subdivision bond in the amount of $32,500 for The Ponds, Plat II, and a- reduction of $4,700 for Linder's Ist Addition. He also recommended a release of the performance bond for the Robert Barr Addition and also of the Faith Community Church of God. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve a subdivision bond reduction for The Ponds, Plat II, located at Unity Avenue North in the amount of $32,500, a subdivision bond reduction for Linder's lst Addition, located at '73rd Avenue North and Camden Avenue North in the amount of $4,700, a subdivision bond release for the Robert Barr Addition, located at Lakeside Avenue North and Twin Lake Avenue North, and a subdivision bond release for the Faith Community Church of God, located south of 67th Avenue between Bryant and Colfax. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred the Council to a memo which recommended the reduction of performance bonds for The Ponds, Plat II in the amount of $30,000, Plat III in the amount of $13,000, Plat IV in the amount of $25,000, and Plat VII in the amount of $70,000, all located at Unity Avenue North. He-also recommended release of the performance bond for Emerson Chalet, located at 1200 67th Avenue and Brookdale Towers Apartments, located at 6915 Humboldt Avenue North. There was a by Councilmember Kuefler and seconded by Councilmember Fignar to approve. the performance bond reductions for The Ponds, Plat II in the amount of $30,000, Plat III in the amount of $13,000, Plat IV in the amount of $25,000, and Plat VII in the amount of $70,000 and to approve performance bond releases for Emerson Chalet and Brookdale Towers Apartments. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution calling for a public hearing on an industrial revenue bond proposal from Swenson Carriage House. He noted the proposal involved "a $1,000,000 industrial revenue bond for a retail sales operation. He noted that the site was adjacent to the east side of Schmitt Music'north of Freeway Boulevard. He pointed out that if the owner of the property has not paid taxes on the property one year prior to the request for industrial revenue bonds, then the applicant is not eligible for industrial revenue bonds. He also noted that Swenson Carriage House is not the.current owner of the property. The City Manager pointed out that the back taxes must be paid before any building permits can be issued. RESOLUTION NO. 79 -268 . Member Bill Fignar introduced the following resolution and moved its adoption. 11 -19 -79 -2- RESOLUTION CALLING FOR A`PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution appropriating $19,690 in the Capital Projects Fund as the City's Matching Funds for the Shingle Creek Trailway LAWCON Project No. II. He pointed out that, for federal auditing purposes, it is necessary to transfer the money into the Project Funds. He explained the money in the Project Funds will be transferred back out to pay for rental on City equipment and for City labor costs which will comprise the City's Soft Match for the Project. He emphasized that the appropriation of money in the Capital Projects Fund is necessary so that federal auditors can track the Funds. RESOLUTION NO. 79 -269 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO APPROPRIATE $19,690 IN THE CAPITAL PROJECTS FUND AS THE CITY'S MATCHING FUNDS FOR THE SHINGLE CREEK TRAILWAY LAWCON PROJECT II The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -270 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION TO APPROPRIATE $7,815 IN THE CAPITAL PROJECTS FUND AS THE CITY''S MATCHING FUNDS FOR THE CENTRAL PARK LAWCON PROJECT II The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon'said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the purchase of 4,000 gallons of #2 diesel fuel. He stated it is recommended the quotation of Rollins Oil Company in the amount of $3,556 be accepted. RESOLUTION NO. 79 -271 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 4,000 GALLONS #2 DIESEL FUEL 11 -19 -79 -3- 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the purchase of 11,000 gallons of #2 heating oil. He stated it is recommended the quotation of Rollins Oil Company in the amount of $9,119 be accepted. RESOLUTION NO. 79 -272 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 11,000 GALLONS OF #2 HEATING OIL` The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the issuance of temporary improvement notes. In discussion of the resolution, Council- member Kuefler questioned whether the interest rate on the improvement notes was realistic. The City Manager explained it is an inter -fund charge for interim periods and that it is not possible to obtain a 9% or 10% rate for short -term financing. Councilmember Kuefler noted if, the loan was not an inter -fund loan, the City could invest at a higher rate of interest. The City Manager explained that the rate has been set by resolution at 6%. Councilmember Kuefler requested further information regarding how the 6% rate was established. RESOLUTION NO. .79 -273 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted ;against the same: none, whereupon said resolution was declared duly passed and adopted. AUTHORIZATION FOR INDEPENDENT AUDIT AGREEMENT The City Manager explained it is recommended that a motion be made by the City ouncil authorizing the Mayor a or and City Manager to .enter into an g Y Y g agreement for the independent audit of all City funds for the calendar year 1979 as submitted by Moen & Penttila, Certified Public Accountants. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to authorize the Mayor and City Manager to enter into an agreement for the independent audit of all City funds for the calendar year 1979 as . submitted by Moen & Penttila, Certified Public Accountants. Voting in' favor: Mayor Nyquist, Councilmember Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 11 -19 -79 -4- APPROVAL OF FIRE RELIEF ASSOCIATION INVESTMENT The City Manager referred the Council to a letter from the Brooklyn Center Fire Department Relief Association requesting approval of the purchase of certain investment bonds. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the Fire Relief Association's purchase of Montana Power Company bonds at the interest rate of 9 - 7/8% with a maturity date of January 1, 2009 and Dayton Hudson Corporation bonds at the interest rate of 9 -3/4% with a maturity date of June :1, 1995. Voting in favor: Mayor Nyquist,_Councilmembers Kuefler, Fignar, Lhotka and Scott. Voting against: none. The motion passed unanimously. PRELIMINARY APPROVAL OF YEAR TWO COMMUNITY DEVELOPMENT PROJECTS The City Manager explained that Administrative Assistant Brad Hoffman has met*with the Community Developnent Advisory Board and the Board has concluded that the elevator planned for installation in City Hall did not provide the ® necessary access for handicapped persons. The Board recommended, instead JdG of the elevator, a TV camera should be installed to monitor handicapped access into the Community Center. He noted that the approximate cost for the camera monitor would be $20,000. He also noted the Community Develop- ment Advisory Board recommended a solar demonstration project _1 mmuni r . He noted the approximate cost of this project would be $40,000 . Councilmember Fignar inquired what the time line would be for these projects. Administrative Assistant Hoffman explained the time frame for the projects would be approximately three years. 04 G �Oh�e S There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the year two Community Development Projects; as recom- mended by the Community Development Advisory Board. Voting in favor: S %e -Ae Mayor Nyquist, c ouncilmembers Kuefler, Fignar, Lhotka, and Scott. Voting_ against: none. The motion passed unanimously. Mayor Nyquist recognized several Park Center High School students who �ell`g�bf� were present in the audience and commented that he was pleased to see them in attendance at tonight's meeting and invited them to ask any questions Vo 1u eet%5 • of the Council that they might have regarding the meeting. FIRE RELIEF ASSOCIATION ACTUARY PRESENTA'T'ION The City Manager introduced Mr. Thomas J. Kuhlman.and noted he would be presenting an actuarial report to the Council regarding the Fire Relief Association. The Director of Finance noted that State law requires that an actuarial study be undertaken-every four years. Mr. Kuhlman began his presentation by presenting a number of items which comprised the cost of the benefit program. He noted the following as cost items in the benefit programs 1. Benefit` provisions (monthly payments for retirement) 2. Disability benefits i 3. Spouses' benefit ($150 per month) 4. Surviving children's benefits S. Vesting provision 6. Lump sum death benefit He noted the average entry age for the Fire Department Relief Association Program to be 28.9 years; and the average retirement age to be 36 years. He also noted the following items which affect.the cost of a pension plan: 11 -19 -79 -5 1. Mortality 2. Disability 3. withdrawal . 4. Retirement Age 5. Interest Mr. Kuhlman explained that if assets 'do not pay for future costs, then future normal costs (i.e. annual payments) will be required. He noted that there is an unfunded liability in the plan of $6,842 which he anticipates will be eliminated -in the next year. Councilmember Fignar inquired as to what the annual cost of the program was. Mr. Kuhlman replied that the total normal cost of the program is $25,937 which is an annual amount. He explained it is not related to salary and should not, therefore, increase substantially.' He explained this cost is rela- tively stable unless benefits are increased He noted that contributions coming into the plan exceed the statutory minimum requirements established by the State of Minnesota. He stated that the State requires a four year experience study to test the actuarial assumptions against the real experi- ence of the plan. He explained the period examined for experience study was 1975 through 1978. Mr. Kuhlman explained that the investment return for this period has been over 7% for each of the four years. He noted that the State requires that a 5% return be assumed and explained that Brooklyn Center's plan exceeds that 5% minimum. Mr. Kuhlman made the following two recommendations regarding Brooklyn Center's Fire Relief Association benefit plan: 1. A more conservative and current mortality table which _ allows for increased longevity. 2. A more liberal withdrawal rate. Mr. Kuhlman explained that the above two items are offsetting features and in summary, feels that the cost of the benefit plan may increase approxi- mately 10% to 15% in the next year. Councilmember Kuefler inquired whether the fire insurance residuals, which amounted to $43,000, went directly into the fund. He also questioned whether it was correct to assume that the current cost of the program is $25,937. Mr. Kuhlman stated that both of Councilmember Kuefler's observa- tions were correct. Councilmember Kuefler questioned what the unfunded liability in the amount of $6,842 entailed. Mr. Kuhlman explained that the $6,842 of unfunded liability is arrived at by comparing assets to the unpaid future normal costs. He explained the accrued liability in this instance is very low. He noted the unfunded liability is an accumu- lation of past costs in the plan and that the State requires the slowest rate it be paid off is 20 years. Councilmember Lhotka questioned why the actuarial assumptions should be changed. Mr. Kuhlman explained that the two recommended changes are based on the experience study. He also noted that in dealing with these issues a considerable amount of probability or "guess work" is involved in developing the actuarial assumptions. The City Manager noted actuarial assumptions are based on a large nation -wide group and that experience of a small group may not parallel the statistical averages of the larger group. 11 -19 -79 -6- Mr. Jim McClure, President of the Fire Relief Association, addressed the Council and noted that the Relief Association manages its own plan. He noted the success of the plan is due to in part to the contributions of previous and present members of the Fire Relief Association who have been involved in the financial management of the plan. RECOMMENDATIONS FOR SHELTER LOCATIONS FOR THE MTC'S'1980 PASSENGER WAITING SHELTER PROGRAM The City Manager referred the Council to a memo from the Metropolitan Transit Commission which requested that the City recommend up to three shelter locations to be considered for the MTC's 1980 Passenger Waiting Shelter Program. He noted that the MTC had provided a potential List of shelter sites which had been previously identified by the MTC. He noted that the potential sites were listed along with the load counts for each site and that the City staff would recommend that the site at 57th and Logan be placed first on the priority list of shelter locations. He noted that the MTC is requesting the City to prioritize the list of potential shelter sites which the City will submit to the MTC. Council - member Fignar questioned where the existing shelters are located in the City. The City Manager explained that he would prepare a list-of all existing waiting shelters in the City. Councilmember Kuefler stated that he would recommend the City prioritize the list of potential shelter sites by load counts. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to recommend the following three sites for the MTC's 1980 Passenger Waiting Shelter Program and to prioritize the sites by their respective load counts: 1. 57th and Logan Avenue North - load count 45 2. 65th and Dupont Avenue North - load count 40 3. 65th and Xerxes Avenue North load count 30 to 40 Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION The City Manager noted both Brooklyn Center's members of the advisory com- mission of the Northwest Hennepin Human Services,Council have been very active on the commission. He also noted that Dorothy Buckingham, whose position expires on December 31, 1979, was present in the audience. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to extend the appointment of Dorothy Buckingham to the Northwest Hennepin Human Services Council for another full two year term. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Ms. Buckingham explained that she would like to address the Council regarding the establishment of a Community Action Agency for suburban and rural Hennepin County. She noted that the three Human Services Councils in the metropolitan area have prepared a plan to administer the proposed Community Action Agency for suburban and rural Hennepin County. She expressed a concern over the possibility that the Community Action Agency may be set up as a metro -wide agency with no local control She noted that she feels cities need input in how funds will be spent in the CAA. She explained there are two conflicting plans for the administration of the Community 11- 19 -79, -7- Action Agency, one being the recommendations of the Human Services Councils and the other being implementation of one central agency to administer the Community Action` Agency, She noted that on December 11, 1979 from 4:00 p.m. to 8 :00 p.m. a public hearing will be held on the establishment of a Community Action Agency for suburban and rural Hennepin County at the Crystal City Hall." she again expressed her concern that local 'control and input is necessary in the administration of the Community Action Agency and that she would request the Council. support in this matter. Councilmember Fignar questioned where the plan for the centralized agency originated. Ms Buckingham replied that the information she had, indicated that it originated with Hennepin County, possibly with the Welfare Department. Councilmember Kuefler explained, that it was his understanding that $200,000, an amount determined by federal formula, would be available to the Community Action Agency which would in turn run programs not in conflict with North- west Human Services; Council's programs. Ms. Buckingham explained that the Northwest Human Services Council does not administer funds but only advises local municipalities on programs. She explained that the Northwest Human Services Council proposal for the administration of the Community Action Agency meets the federal requirements for administering federal funds through the CAA. The City Manager noted that the competition and conflict between the Metropolitan Human Services Councils and Hennepin County agencies have been a long - standing issue. Councilmember Lhotka questioned who would ultimately decide which plan for the administration of the Community Action Agency would be adopted. Ms. Buckingham replied that the final decision would be made by the County Board. The City Manager explained he would attempt to obtain copies of Hennepin' County's 'plan for the administration of the Community Action Agency and present a summary of the problems regarding this matter to the Council.' He also added that -he -would research the Council's actions on the Community Action Agency taken at past Council meetings. RECESS The Brooklyn Center City Council recessed at 8:30 p.m. and reconvened at 8:50 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 79055 submitted by Edwin' Kauffman /Village Builders. He explained the applicant requests to rezone from C -1 to R -3 a .9 acre parcel at the southeast corner of Logan and 58th Avenues North. He noted Application No. 79055 was submitted in conjunction with Application No: 79056 in which the applicant, Edwin Kauffman /Village Builders, seeks site and - building -plan approval for an eight unit townhouse complex at the corner of 58th and Logan ,Avenues North. The Director of Planning and Inspection proceeded to review Application No. 79055 in which the applicant is seeking rezoning from C -1 (service /office) to R -3 ( townhouse /garden apartments) of a tract of land, slightly less than an acre in size, located at the southeast corner of Logan and 58th Avenues North. He noted that the application was tabled at the September 13, 1979 Planning Commission meeting and that the rezoning request was referred to the Southeast Neighborhood Advisory Group for review and comment. He noted 11 -19 -79 -8- the advisory group met on October 15, 1979 and advised the Planning Commission to favorably recommend the rezoning. The Planning Commission recommended approval of the application at the November 8, 1979 Planning Commission meeting. The Director of Planning and Inspection stated that there does not seem to be any conflict with the rezoning evaluation guidelines, nor with the present Comprehensive Plan.. He explained the only concern that occurs to the staff, is the possible negative impact which the Northbrook Shopping Center will have on the new development. The Director of Planning and Inspection then reviewed the ways in which the proposal meets the rezoning evaluation guidelines. He stated that the proposed townhouse development: 1. Is consistent with the Comprehensive Plan in that it serves as a buffer in accordance with the plan and that the planning consultant, with respect to the revised Comprehensive Plan, had recommended changing the zoning of this property to residential. 2. Is consistent with the R -4 zoning to the south, the R -5 to the north and single family homes to the east. 3. Is a more appropriate use at this location than a service / office use. 4. Benefits the Brooklyn - Center School District which is losing housing to right -of -way acquisition by the Minnesota Depart- ment of Transportation._ Mayor Nyquist questioned how the project will benefit the School District. The Director of Planning and Inspection explained that the project would potentially increase school enrollment. Councilmember Kuefler inquired whether R -3 and C -1 are normally compati- ble zones without a buffer. The Director of Planning and Inspection explained that the two zones were generally compatible without a buffer area. Councilmerttber Lhotka requested an explanation of the impact of the North- brook Shopping Center on the project. The Director of Planning and Inspection explained that there is a potential for a negative impact from the shopping center. He noted the shopping center on the west side of Logan Avenue is built on the right -of -way but that the manager of the shopping center stated he is willing to plant trees as a buffer between the shopping center and the proposed project. The Director of Planning and Inspection noted that the planting of trees as a buffer cannot be placed as a contingency on the rezoning request. Councilmember Fignar questioned whether the Northbrook Shopping Center would have room to plant the trees as a buffer. The Director of Planning and Inspection explained that it would be possible to plant the trees in the boulevard area. Councilmember Kuefler inquired whether there would be any government subsidized housing units in the project. The Director of Planning and Inspection explained it is not a government subsidized housing project and that it is the applicant's intent to subdivide the area into eight lots subject to a homeowners' association 11 -19 -79 -9- Mayor Nyquist requested a review of the site and building plan for the project before any action is considered on Application No. 79055.' The Director of Planning and Inspection proceeded to review Application No. 79056 in which the applicant, Edwin Kauffman /Village Builders, seeks site and building plan approval for an eight unit townhouse complex at the corner of 58th and Logan Avenues North if the rezoning contemplated under Application No. 79055 is given a favorable recommendation. He explained the proposed plan contemplates four two unit structures, with each unit having its own private lot. All units will be 24''x 46', six with entrances on the side and two with entrances out the front. He noted interior lots are proposed to be 34' x'96' and the two corner lots 29' x 96 The Director of Planning and Inspection explained the applicant wishes to take advantage; of an optional density credit of 500 square feet of tuck under garage stall as provided under Section 35 -400 1(c). He explained that, since the plan calls for two tuck under stalls per unit, the total credit sought is 1,000 square feet per unit, reducing the required land area from 5,400 square feet to 4,400 square feet. He noted that at 4,400 square feet per unit, the 39,052 square foot site can accommodate up to 8.9 units. He explained that without the density credit, the total number of units allowed would be 7.23. The Director of Planning and Inspection explained that the applicant has proposed to provide the required screening from the R -1 use to the east with a fairly dense row of trees and shrubs. He noted the plantings include green ash, Russian olives, Norway maples, American arborvitae, and pfitzer Juniper. He noted the plan indicates two six inch diameter green ash along Logan Avenue as required by the Zoning`Ordinance. Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Application No. 79055. The applicant was present There was no one to speak on the application. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Planning Commission Application No. 79055. Voting in favor: Mayor Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion'by Councilmember Fignar and seconded by Councilmember Lhotka to approve Planning Commission Application No. 79055 submitted by Edwin Kauffman /Village Builders to rezone Lot 1, Block 1, Northbrook Center Addition to R -3 from C -1, in that it is consistent with .the rezoning evaluation policy and review .guidelines for the following reasons: 1. The proposed zoning is consistent with the Comprehensive Plan. 2. The proposed zoning is consistent with and compatible with surrounding land uses. 3. The subject property can bear fully the development restric- tions for the proposed zoning districts. 4. The subject property is considered generally unsuited for uses permitted in the C -1 zoning, district because of its location. 5. The proposed zoning will allow for development of the property in a way which will benefit the City and the Brooklyn Center 11 -19 -79 -10- School District. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none.- The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Planning.Commission Application No. 79056 submitted_ by Edwin Kauffman /Village Builders for site and building plan approval for eight townhouse units at the southeast corner of Logan and 58th Avenues North subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. Plan approval comprehends a total of eight dwelling units by allowing the minimum land area to be reduced by 500 square feet for each tuck under garage as comprehended by Section 35 -400 1(c) of the City Ordinances. 6. Plan approval acknowledges that the landscape treatment on the east side of the property is in harmony with the residen- tial neighborhood, provides sufficient screening of the multiple dwelling area and is an appropriate screening substitute in lieu of a four foot high opaque fence or wall. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 79063 submitted by Lawrence Rudenick. He noted the applicant seeks preliminary plat approval to create three lots out of two existing lots as the corner of 69th and Oliver Avenue North. He noted the Planning Commission recommended approval of the application at the November 8, 1979 Planning Commission meeting. The Director of Planning and Inspection proceeded to review Application No. 79063 submitted by Lawrence Rudenick for preliminary plat approval to create three lots (Lots 1, 2 and 3, Block 1, Rudenick Maahs Addition) on the land presently described as Lots 7 and 8, Halek's Addition commonly known as 6900 and 6906 Oliver Avenue North. He noted that the existing lots are each roughly 75' x 250' facing Oliver Avenue. He explained that the preliminary plat proposes to create a third lot (Lot 2, Rudenick Maahs Addition) roughly 75' x 146', facing 69th Avenue North, a major thoroughfare as defined by Section 35 -900 of the Zoning Ordinance. He explained that all the new lots, would meet the area standards for single family, interior and corner lots He noted, however, that the presently substandard lot at 11 -19 -79 -11- 6900 Oliver Avenue North would continue to be substandard as to width at 75 feet. He added that as -built surveys show that no setback violations occur with the creation of•the new lot, but that existing structures at 6900 Oliver Avenue North are located slightly less than the normal side corner setback of 25 feet and far less than the 50 foot setback required from major thoroughfares. He explained that the major thoroughfare.set- back requirement was instituted in 1968 and that the house was built in 1952. ` i The Director of Planning and Inspection explained that a complicating factor in the creation of the plat is the fact that Hennepin County is considering widening 69th Avenue from a 66 foot right -of -way to an 80 foot right- of- way,.picking up 7 feet from each side. He noted that in ' venue where it has been other instances of re platting along 69th Avenue, Po ssible, p 9 g the City has asked for, and received,.'the additional 7 feet of right-of- way by dedication. He noted, however, in the case of 6900 Oliver Avenue, the dedication of an additional 7 feet of right -of -way would cause sub- . stantial problems by creating an even more substandard corner lot and further setback encroachment. He pointed out that the owner would be left with a 68 foot wide corner lot and structures set back roughly 15 feet from major thoroughfare right -of -way. The Director of Planning and Inspection recommended that the creation of such a substandard lot with extremely deficient setbacks should not be approved because the application of current setbacks would render the property unbuildable. Councilmember Fignar left the table at 9:20 p.m. and returned at 9:29 p.m. The Director of Planning and Inspection explained that in the case of the newly created lot to the east, there appears to be no substantial damage caused by the dedication of seven additional feet for right -of -way purposes. He suggested that.a condition of approving the plat be a change in the survey document showing the seven feet dedication along 69th Avenue from Lot 2, but not from Lot 3. He added that although the proposed plat leaves a substandard corner lot in tact, there is no need for a variance since (as with the Shimshock resubdivision),` this is an existing condition which cannot be mitigated by replatting and the creation of the new lot does not make 6900 Oliver Avenue substandard as to area or any other aspect. The City Manager suggested that a turn- around strip for the driveway area be included as a condition for approval so that cars do not back out onto 69th .Avenue North which is a relatively busy street. The Director of Planning and Inspection explained that with the seven foot dedication a new property line is established, and that no hardship is created on an undeveloped parcel by taking seven feet of dedication for future roadway expansion. .Councilmember Kuefler requested the Director of Planning and Inspection to comment on the City Manager's suggestion fora turn - around in the driveway area. The Director of Planning and Inspection stated he felt the County would require a turn- around since the County: must approve access to 69th Avenue North. Mayor Nyquist questioned whether the right -of -way dedication is required. The Director of Planning and Inspection explained that he feels the dedi- cation would influence the County's decision to 'upgrade the roadway. The City Attorney explained that the County makes it appear that a seven foot dedication is necessary.; He explained that some cities are complying with the County request but that there is no authority for Brooklyn Center to 11 -19 -79 -12- require additional dedication, and that it appears the City would not be creating problems by adding a seven foot dedication of one of the parcels. He noted that a problem would be created by taking.the seven foot dedica- tion off the other parcel. Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 79063. The applicant was present. There was no one else to speak on the application. • There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing on Planning Commission Application No. 79063. Voting in favor :. Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka; and Scott. Voting against: none. The motion passed unanimously. f There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Planning Commission Application No. 79063 submitted by Lawrence Rudenick for a preliminary plat approval to create Lots 1, 2 and 3 of Rudenick Maahs Addition out of the property presently described as Lots 7 and 8, Halek's Addition subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The plan shall be amended to show an additional dedication from Lot 2 of seven feet for right -of -way purposes along 69th Avenue North prior to final plat 4. The ten foot wide utility easement running through the middle of Lot 2 shall be formally vacated prior to final plat approval. The owner(s) of Lot 2 shall be responsible for all reasonable costs associated with relocation of 9 utilities e istin due to the vacation of said utility existing easement. 5. The final plat shall be approved prior to the issuance of building permits for the proposed Lot 2. 6. Prior to the issuance of the building permit for Lot 2, a plan shall be submitted and approved by the City Engineer r showing a driveway on the easterly portion of the site that includes a turn- around area to be used so that cars do not have to back out on 69th Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 79066 submitted by Jay Joyner for Darrell, A. Farr Development Corporation. He noted the applicant seeks an appeal from the ruling by the Building official that the Beach Apartment complex is not ,entitled to freestanding promotional signery to advertise its conversion to condominiums He added that the Planning Com- mission recommended that the Building Official's interpretation of the Sign Ordinance be upheld at the November 8 1979 Planning Commission meeting_ 11 -19 -79 -13- The Director of Planning and Inspection reviewed Application No. 79066 submitted by Jay Joyner for Darrell Farr Development Corporation and stated that the applicant is- appealing ,a ruling by the Building Official and the Director of Planning and Inspection regarding the interpretation of the City Sign Ordinance, particularly Section 34 -140, 2 k regarding real estate signs. He noted that Sign Ordinance appeals are provided for in Section 34 -170, "'in order to secure the relief where it is alledged that an administrative office of the City has committed an error in interpretation or judgment in issuing an order for making a determination ". The Director of Planning and Inspection stated the applicant has submitted a written appeal in which it is pointed out that the 'Darrell Farr Corpora- tion is in the process of converting the Beach Apartments into condominiums and that a substantial amount of work is necessary to improve the property so that they a -re attractive to individual purchasers. He noted the appeal contends that because there is a substantial ,. amount of new work and because the units are being offered for sale for the first time, the conversion should be considered a "new residential project development" within the meaning of Section 34 -140, 2, k, (2) and, therefore, entitled to the temporary signery provided for by that section of the Ordinance. i The Director of Planning and Inspection explained that the interpretation of the staff is that the Beach is in the process of selling dwelling units in buildings containing two or more units as comprehended by Section 34 -140, 2, k, (3) and is, therefore, entitled to the signery comprehended by that section of the Ordinance. The Director of Planning and Inspection pointed out that the Beach is entitled to other signery such as 'identification signery'and directional signery in accordance with the Ordinance. He noted that the Beach can have a single 35 square foot freestanding identification ,sign plus one 10 square foot wall identification sign per building in addition to any necessary directional signs. The Director of Planning and Inspection explained that the Planning Commission recommended the Building Official's interpretation of the Sign 'Ordinance =be upheld at the November 8, 1979 Planning Commission meeting. The Director of Planning and Inspection noted that Mr. Joyner has indicated the Darrell Farr Corporation desires a'sign visible from Highway 100 and that under the 14th amendment claims that his client is entitled to equal treatment, that being the same treatment as is given to new development. The Director of Planning and Inspection noted that Mr. Jay Joyner is present at the meeting tonight. Mayor Nyquist inquired whether or not the Beach condominium complex complies with current building codes. The Director of Planning and Inspection explained that it does not comply with current energy codes. Mayor Nyquist. inquired as to the cost of the conversion project. The Director of Planning and Inspection stated the approximate cost is $300,`000.' Councilmember Fignar made an inquiry as to how temporary the signery would be as proposed by Darrell Farr Corporation. The Director of Planning and Inspection explained that it would be a two year period or until the project is 90% complete whichever comes first. Councilmember Scott questioned the purposes of the billboards previously erected in the highway right -of -way along Highway 100 by the Darell Farr- V Corporation. The Director of Planning and inspection stated that the 11 -19 -79 -14- billboards did not comply with the directional sign requirements of the City Sign Ordinance and were required to be removed. Mr. Jay Joyner requested to address the Council and explain it is his contention the City Ordinance states that as few as six lots can qualify for signery and that the.Beach Apartments project should be entitled to 48 square feet of signery. Councilmember Lhotka questioned how the sale of the condominium units is promoted. Mr. Joyner responded by explaining that the sales of the units are promoted through news ads and by direct mailing. He noted that, according to the information available to him, a high percentage of inquiries concerning the condominium units originated from people driving by the complex. He requested that a 36 square foot sign be retained along with a temporary promotional sign for the project. Councilmember Scott stated that she felt a considerable portion of the $300,000 project cost has been for maintenance type items which are not related to any kind of new development on the project._ She also expressed an objection to the erection of any more billboards promoting the Beach condominium project. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to deny Planning Commission Application No. 79066 submitted by Darrell Farr Development Corporation and uphold the Building Official's interpretation of Section 34 -140, 2, k of the Sign Ordinance regarding real estate signs for the Beach condominium complex on the basis of the following factors: 1. The conversion is not considered a new residential project development because the work referred to by the applicant is not considered substantial, but rather "cosmetic ". Internal modifications, most of which do not require building permits. 2. The conversion process does not require site and building plan review and approval by the Planning Commission and the City Council because no major site work alterations were comprehended. 3. When reviewing the preliminary plat for the conversion, the State Building Codes Division informed the City that conversions to condominiums do not constitute a change which would require bringing the subject building into compliance with current building codes that were not in effect at the time the building was originally constructed. The Building Official, therefore, did not consider the building o be "new" in terms of current building code 9 g requirements. 4. The conversion process involved a change in occupants based on unit ownership, not the initial occupancy of the premises which Section 34 -140, 2, k, (2) appears to recognize. 5. Section 34 -140, 2, k, (2) also refers to the issuance of the first building permit for determining the time period for the temporary sign which also seems to imply a newly 11 -19 -79 -15- constructed project development. 6. A broad interpretation of Section 34 -140, 2, k, (2), as the applicant proposes, could leave open the possibility that other changes or conversions involving residential projects, or even coirmercial or industrial projects, such as change of ownership, cosmetic or minor alterations a new name or marketing approach or any combination of the above might entitle that project to the same signery contained in this section of the Ordinance. 7 There seems to be no conflict in treating the condominium; conversion process as an example of the activity contemplated by Section 34 -140, 2 , k, (3) Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, -and Scott. Voting against: none.. The motion passed unanimously. EXPIRATION OF COMMISSIONERS' TERMS AND APPOINTMENTS OR REAPPOINTMENTS The City Manager explained this item involves a discussion of City commissions with regard to commissioners whose terms are nearing expiration and a'con- sideration of reappointments or new appointments to the commission. He stated the staff is recommending that the Council liaisons with the various commissions review the expiration dates of their respective commission members and advise the Mayor at the first meeting in January as to the status of any reappointments or new appointments to the commissions. Councilmember Kuefler questioned the - expiration dates of several commission members in the Park and Recreation Commission and indicated that he thought there may be some error in the expiration dates as stated. The City Manager explained that he would research this matter and return to the Council with the verified expiration dates. Councilmember Fignar noted that most of the Planning Commission members are from the west side of the City and suggested a more balanced geographical distribution of commission members. REPORT ON PARK BOND ISSUE Councilmember Kuefler informed the Council of his recent research on previous bond issues within the City. He distributed several promotional - brochures concerning past bond issues in the City and suggested these as possible models for the park bond issue'. He noted the City cannot fund the promotion itself but that the City can publish explanatory material regarding the referendum. He suggested that existing civic groups be utilized to promote the bond issue. Councilmember Kuefler outlined a,, tentative plan of action which would involve a steering committee composed of citizens in Brooklyn Center who would in turn contact and enlist civic groups for their support of the bond issue. He suggested a'March or April 1980 target date for the bond issue. He suggested that it would be advisable to enlist citizens and civic groups along with input from the Park and Recreation Commission to promote the bond issue. He requested Council members to return to the December 3, 1979 City Council meeting with names of potential residents who might serve on a steering committee to promote_ the park bond_.issue. Councilmember Kuefler noted a general consensus of the City Council to move forward on the 'park bond tissue. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember - Lhotka to approve the following list of licenses: 11 -19 -79 -16- i rt MECHANICAL SYSTEM'S LICENSE Comfort.Heating 3111 California St. N.E. Faircon, Inc. 80 2nd Ave. S.E. Maple Grove Heating and Air Conditioning 11440 Lakeland Dr. RENTAL DWELLING LICENSE Initial: Gary Scherber 4708 Lakeview Ave. No. William & Dorothy Goins 6331 Noble Ave. No. Harold Dripps 3612 54th Ave. No. Renewal: Ralph C. Johnson 5440,44 Bryant Ave. No. J. G. Strand 5329 Penn Ave. No. Ernest W. Gertzen 5347,49 Penn Ave. No. Carin Lee Rudolph 531 ,20 Queen Ave. No. Dennis Tollefson 532 30 Q ueen Ave. No. Gene & Anna Gullord 5337,39 Queen Ave. No. Robert Messersmith 5338 Queen Ave. No. Harold & Howard Swanson 7240 West River Road SIGNHANGER'S LICENSE Scenic Sign Company Box 881, St. Cloud Voting in favor; Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:17 p.m. Clerk Mayor 11 -19 -79 -17 MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection I FROM: Will Dahn, Building Official SUBJECT: Performance Bonds Recommended for Release or Reduction DATE: November 29, 1979 The following performance guarantees are recommended for release or reduction as specified. 1 Coachman Diversified Building 6660 Shingle Creek Parkway Planning Commission Application No. 74012 Amount of Guarantee - $35,000.00 Bond Obligor Coachman Diversified All site improvements installed essentially as per approved plan. Recommend total release. 2. Brookdale Assembly of God Church 6120 Xerxes, Avenue North Planning Commission Application No. 75041 Amount of Guarantee - $4,500.00 Bond Obligor - Brookdale Assembly of God Church All site improvements and revisions have been accomplished." Recommend total release. 3. Ansari Abrasives 3400 - 48th Avenue North Planning Commission Application No. 77054 Amount of Guarantee - $24,000.00 Bond Obligor - Ansari Abrasives All site improvements installed essentially as per approved plans. Recommend total release 4. ,` four -plea 6637 Humboldt Avenue North Planning Commission Application No. 78027 t Amount of Guarantee'- $1,500.00 Cash Escrow Obligor Dick Veldt (owner) Original bond submitted by Michlitsch Builders was released ,upon submission by the owner of the $1,500.00 cash escrow now held by the City. All site improvements have been completed-as per the approved plan, including B -612 curbing on the north side of the existing parking lot which was deferred in the original; approval for a period of up to two years. Recommend total release. Page 2 5. Midwest Area Insurance, Inc. - 6900 Humboldt Avenue` North Planning.Commission Application No. 78039 Amount of Guarantee $5,000.00 Bond Obligor - Midwest Area Insurance All site improvements have been installed as per approved plans._ Recommend total release. APPROVED Y�.�� . Rona Warren,' Director o arming and Inspection Member introduced the following resolution and : moved its adoption: RESOLWION NO. RESOLUTION AUTHORIZING THE PURCHASE CF CNE 3/4 TW PICKUP TOR THE PUBLIC UTILITIES DEPARTMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CEjnFR that the City Clerk is hereby authorized to obtain bids for the purchase Of one 3/4 ton pickup truck for the Public Utilities Departrent, utilizing the Hennepin County Purchasing Agreement. The City Clerk shall report the results of the bid opening to the City Council for formal consideration and action. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by nor , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i MEMORANDUM TO: Sy Knapp Director of Public Works FROM: "Cap" Smith Supt. Public Utilities DATE: November 20, 1979 SUBJECT: Public Utilities Vehicles Trucks On Hand #638 1969 Chev 3/4 Ton 84,827 Miles #639 1969 Ford l Ton 36,948 Miles #640 1970 Chev 3/4 Ton 92,881 Mi 1-es 1641 1971 Dodge 1/2 Ton 45,383 Miles #623 1976 Dodge 3/4 Ton 37,334 Miles #643 1978 Ford 3/4 Ton 14,567 Miles #640 has been traded for a Chev Luv pickup #638 should be traded for a 3/4 ton pickup. It needs body work and is using oil. #641 needs an extensive amount of body work and s hould be traded in 1981. #639 needs body work and it should be traded for a 1 ton in 1982. #623 is in good shape.' #643 is in good shape. CS:pk M: Gerald Splinter, City Manager FILM: Sy Knapp, Director of Public Trbrks i concur in Cap's reccan endation to replace Unit #638 with a new 3/4 ton pickup, utilizing the Hennepin County Purchasing Agreement. Adequate funds are available for this purchase. Cap and I have agreed that Unit No. 641 can be replaced with a wal.ler (LW sized) unit in the future. § K cx� b CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 CENTER' EMERGENCY- POLICE -FIRE 561 -5720 20: Gerald Splinter, City Manager FEUI: Sy Knapp, Director of Public Works Gene Bagel, Director of Parks and Recreation DAM: November 29, 1979 RE: Design of Central Park Athletic Field Lighting System Attached hereto is a copy of the proposal from W. J. Sutherland and Associates, Inc. to provide Engineering services, consisting of the development of plans and specifications and contract supervision and inspection for the installation of a lighting system for the Central Park athletic fields. The lump sum fee of $8,900 proposed is deemed reasonable. We recomTend acceptance of this proposal so that the consultant may proceed with plans and specs. We intend to have construction work' conrleted by late fall, 198 0. This work is imluded in the total budget for the Central Park Facilities project which is funded by 50% IANCON, 25% I 07, 25% City funds. We intend to work with the consultant in the selection of products, materials, and design standards, to keep the project costs within budget. Respectfully Submitted, SY &Olpp cb Bagel_ Attachment ENGINEERING CONTRACT for W. J. SUTHERLAND AND ASSOCIATES, INC. 3919 WEST 44th Street, Minneapolis, Minnesota 55424 TO• City of Brooklyn Center Date. November 6 197 6301 Shingle Creek Parkway Attn.: Mr. Suaene Haael, P & R D fr. Minneapolis, MN 55430 PROJECT: C en tra l Par Athl tir Field Li ahtincl Comm. No. 79151 TYPE: Mechanical M Electrical [X] Structural [X} Preliminary ® Working Drawings ❑X Shop Drawings Job Inspection ❑ Other ❑ WORK DESCRIPTION: (2) - softball /football (1) - baseball /football T PROJECT EXPENSE: By Engineer By Client Specification typing] Specification Printing 12 Specification Binding Plan Linen E❑ Blueprinting ® _Report Typing Travel and Subsistence Q Telephone nE Other FEES: (due and payable on receipt of invoice) .Hourly Rate (Flat) $ per man hour. Cost Plus (Employee wage rate, plus) per cent. Percentage (Total installed cost of design work) per cent. Percentage (Not to exceed - -total installed cost of design work) per cent. Lump Sum $ 8900.'00 REMARKS: The acceptance signature below indicates you have employed us on the above basis_ THANK YOU f� to W.-J. SUTH AN ''AN AS SCJCIATES, INC. Y President ACCEPTED: As to City of Brooklyn Center _...._ . BY Its Date Return executed copy to W. J. Sutherland and Associates, Inc. Member introduced the following resolution and moved its adoption: RESOLtJ'I'IC N NO. RESOLUTION ACCEPMr. PROPOSAL FOR DESIGN (F CENTRAL PARK ATHLETIC FIELD LIGITING SYSTEM BE IT RESOLVED BY THE COUNCIL CF THE CITE' OF BROOKLYN CPN'. ER that the proposal of W. J. Sutherland and Associates, Inc. to: provide engineering , services for the design, of a lighting system for the Central Park Athletic fields, for a lump stxn fee of $8,900.00 is hereby accepted. - The City Manager is hereby authorized to execute said agreement on behalf 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 taker. thereon, the following voted in favor thereof: r and the following voted against the same: whereupon said resolution was declared duly passed and adopted. .m a _7L Member introduced the following resolution and moved its adoption: RESOLUTION NO. ' RESOLUTION AUTHORIZING THE PURCHASE OF THIRTY -FIVE (35) HAND GUNS FOR THE BROOKLYN CENTER POLICE DEPARTMENT 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 thirty -five (35) hand guns for the Police Department and has determined that the quotation of Don Streicher Guns, Inc. in the amount of $3,773.37 (thirty- three (33) Smith & Wesson, Model 65 hand guns @$104.91 each and two (2) Smith & Wesson, Model 66 hand guns @$155.72 each) 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 thirty five (35) Smith & Wesson hand guns in the amount of $3,773.47 from Don Streicher Guns, 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. 11/17/79 f QUOTATIONS RECEIVED ON HAND GUNS FOR BROOKLYN CENTER POLICE DEPARTMENT Frontiersman Don Streicher Guns, Inc. 33 Smith & Wesson, Model 65 $138.00 $104.91 2 Smith & Wesson, Model 66 187.00 155.72 JOINT POWERS AGREEMENT FOR INTER- AGENCY SPECIAL INVESTIGATION SQUAD THIS IS AN AGREEMENT made and entered into this lst day of January, 1980, by and among the undersigned cities and counties through the action of their governing bodies, in accordance with the Joint Powers Act, Minnesota Statutes, Section 471.59. WITNESSETH WHEREAS, a single city or county rarely has adequate staff or other resources to conduct the thorough and prompt investigation required for the expedient solution of very.com- plicated and time consuming major crimes; and WHEREAS, perpetrators of .major crimes often flee to, and take refuge in, cities and counties other than those in which the crimes have been committed; and WHEREAS, witnesses and other pieces of evidence of these major crimes are often found in more than one city or county; and WHEREAS, the commission of a major crime in any city or county poses a threat to the safety, health and welfare of the residents of the entire surrounding area; and WHEREAS, a pooling of resources in a combined investigative action by neighboring cities and counties can result in the expedient solution of major crimes; and r WHEREAS, Minnesota Statutes, Section'412.221 regarding statutory cities, Chapter 410 regarding home rule charter cities and Section 387.03 regarding County Sheriffs' grants to the undersigned cities and counties the separate power `to provide for the government and good order of their cities and counties, for the prevention of crime,.for the protection of public and private property, and for the promotion of the health, safety and welfare of their residents; and WEEREAS the Joint Powers Act, Minnesota Statutes Section 471.59, permits cities and counties to jointly and cooperatively Y exercise any powers common to the parties, including those powers which are the sane except for the territorial limits in which they may be exercised. NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein, the parties hereto agree as follows: 1. Inter Agency Special Investigation Squad There is hereby created the Inter -- Agency Special Investigation Squad which shall be comprised of police personnel from the police agencies of the undersigned cities and counties and the purpose of which shall be to conduct special case investigations within such cities and counties as provided herein. 2. Parties The original parties to this Agreement' shall consist of those cities and counties in the neapolis -St. Paul Metropolitan Area which have elected to become parties through the adoption of resolutions by their governing bodies and which have caused their authorized officials to execute this Agreement on their behalf the day and year first above written and to attach a certified copy of the resolution indicating its manner of adoption. In addition, other cities and counties in the Minneapolis -St. Paul Metropolitan Area may become parties through the adoption of resolutions by their governing bodies and their approval as parties by the Board of Directors of the Squad as provided herein. Upon the adoption of such resolution by any eligible city and county and approval by the Board, this Agreement shall be submitted to such city or county for execttion by its lawfully authorized official. Such ,official shall also attach to .this Agreement a certified copy of the resolution indicating its manner of adoption. 3. Board of Directors The Squad shall be governed by a Board of Directors comprised of the heads of each police agency of those eligible cities and counties which adopt this Agreement and which are approved as parties. The Board shall adopt and may amend by —laws and other rules, shall determine all major policies and procedures and shall resolve any conflicts which may arise in the operation of the Squad. The Board shall meet on the first working Monday of January and July of each year and at such other times upon the call of the Chairman who shall give due notice of the calling of such special meeting to each director. Consider- ation of applications by cities and counties and other Board actions may be taken at any regular or special meeting and any action taken by the Board shall require a majority vote of those directors present and voting at any meeting. No business may be conducted by the Board in the absence of a uorum consisting of at q g least one more than half of all directors In the event of illness or other good cause, a director may designate a subordinate officer from the same pity or county to represent him with full powers of substitution at any meeting of the Board of Directors. 4. Executive Committee At its January meeting, the Board of Directors shall elect an Executive Committee consisting of a Chairman, Vice- Chairman, Secretary- Treasurer and two members- at- large, all of whom shall be directors. The Executive Committee shall appoint a Team Commander and the various other command and supervisory officers from among Squad personnel and shall regulate the day -to -day activities of the Squad with full power to remove individual officers from the Squad. The Executive Committee shall meet on the first working Tuesday of each month and, except as provided herein, shall retain final authority for the assignment or withdrawal of the Squad from any case. The Executive Committee shall also have such powers and duties as are consistent with the law and which are provided in the bylaws or which shall be delegated to it by the Board of Directors from time to time. 5. Personnel The personnel of the Squad shall consist of those police employees from each city and county who are appointed by the heads of each police agency to serve on the Squad and who are duly qualified to so serve. Requirements concerning the qualifications, operations and responsibilities of the Squad i personnel shall be provided in the bylaws or such other rules' and regulations as are adopted t Bar g pt by he Board. d 6. Activation of Squad The head of each police agency or his designee from any party to this Agreement, in which a major crime has recently been committed, may request the assistance of the Squad by contacting the Squad Commander (or his deputy in his absence), who shall evaluate the request and convey it to any member of the Executive Committee. Such member of the Executive Committee shall have the discretion to either deny the request or activate the Squad. In the event the Squad Commander cannot contact any member of the Executive Committee after reasonable efforts, he shall have the discretion to either deny the request or activate the Squad. The members of the Executive Committee may by a majority vote overrule the action of the member acting above or of the Squad Commander concerning the decision to activate the squad. The Squad Commander shall at all times consult with, and be subject to, the authority of the ranking officer of the local jurisdiction in which Squad operations are being conducted. Any conflicts between the Squad Commander and local ranking officer shall be resolved by the Executive Committee; provided, however, that the requesting agency has the absolute authority at all times to order the Squad to cease its operation and to withdraw therefrom. 70 Disbursements Squad funds may be expended as far as practicable in accordance with the procedures established by law for expenditure of funds by the parties to this agreement. Contracts` shall be let and purchases made in accordance with the laws appli- cable to the parties to this agreement. 8. Funds The Board may accept gifts, apply for and use grants or loans of money or property from members or other govern- mental 'units or organizations and may enter into agreements; required in connection therewith and may hold, use, and dispose of such monies or properties in accordance with the terms of the gift, grant or loan agreement relating thereto. It may accept voluntary contributions from its members if the members determine that unusual circumstances warrant their providing financial support to the squad, but the Board shall have no taxing power.: It may accumulate reserve funds and may invest and reinvest its funds not needed for currentlo.perating expenses in the manner and subject to the limitations applicable by law to the parties to this agreement. The Board may not incur obligations in excess of funds then available to it. 9. Responsibility and Indemnificatio A. For the purpose of this paragraph, the following ' terms shall have the meanings given them herein: a) "Sending Agency" means each governmental unit contributing police personnel to the Squad in accordance with Section 5 of this Agreement. b) "Receiving Agency" means each governmental unit receiving assistance from the Squad in accordance with Section 6 of this Agreement B. Except as provided herein and in the bylaws,' any police personnel conducting-activities here 0 under as members of the Squad shall remain under the director and control of the sending agency by whom such police personnel is employed. Each sending agency hereby agrees to indemnify and hold harmless the other parties to this agreement from any claim, or cause of action for personal injury, } property damage or other tortious acts or emissions which are caused or occasioned by the sending agency's police personnel while in performance of 'squad functions. 10. Status of Employees Any employee detailed by a sending agency as defined in Section 9 of this agreement shall remain the employee of such sending agency for purposes of position classification, pay and allowances, vacation and sick leave policies, pension, retirement and disability plans, except as k otherwise authorized by this agreement or by law. An employee who participates in any assignment pursuant to this agreement who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in performance of duties in connection:therewith,,.shall be treated, for purposes of the sending agency's employee compensation program, s; as an employee, who has sustained such injury in the performance Y of such duty, but shall not receive benefits for any period for which he is entitled to and elects to receive s- imilar benefits under the receiving agency's employee compensation plan. 11. Duration This Agreement shall be effective as of the date hereof for the original parties hereto and shall be effective as of the date of execution for any additional parties who may be added from time to time as provided herein. Any party may withdraw from this Agreement at any time upon thirty (30) days' written notice delivered or mailed to the Chairman. 12. Distribution of Assets Any property or surplus monies acquired as the result of the organization and operation of the Squad shall be distributed to the parties upon the termination of this Agreement in exact proportion to their contribution of such K property or monies. In addition, any party which withdraws from this Agreement prior to its termination shall be entitled to the return of any property which it has contributed, or the cash equivalent thereof, and to a proprotionate share of any surplus F monies. IN WITNESS WHEREOF, the undersigned cities and counties have caused this Agreement to be executed on its behalf by its p duly authorized officials the.day and year below written. i y t Dated: By Its Dated: By a Its Dated: B Its Dated; By ' Its Dated;. By Its , s Dated: By Its - i rk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT FOR INTER- AGENCY SPECIAL INVESTIGATION SPUAD WHEREAS, certain law enforcement agencies in the -St. Paul - Minneapolis metropolitan area have proposed the creation of an Inter - Agency Special Investigation Squad; and WHEREAS, the Inter- Agency Special Investigation Squad has been proposed to address the problem of investigation of major crime in situations where a single law enforcement agency may not have adequate staff or other resources to conduct a thorough and prompt investigation of a major crime and WHEREAS, the formation of an Inter-Agency Special Investigation Squad is intended as a cooperative effort to pool the investigative resources of law enforcement agencies in a combined investigative action for the expedient solution of major crimes; and WHEREAS, a joint Bowers agreement, in accordance with the Joint Powers Act, Minnesota Statutes, Section 471.59, has -been proposed which would create an Inter - Agency Special Investigation Squad which shall be comprised of police personnel from the law enforcement agencies partici- pating in said joint powers agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it hereby authorizes and directs its Mayor and its City Manager to enter into and execute on behalf of the City of Brooklyn Center the joint powers agreement creating the Inter - Agency Special Investigation Squad. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing, resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution` and moved its adoption: RESOLUTION NO. RESOLUTION IN REGARD TO STUDY OF CONSOLIDATED DISPATCH SERVICE WHEREAS, the Cities of Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale, are desirous of studying the possible benefits to be obtained by a consolidated dispatch service for the five communities; and WHEREAS, the five communities have by earlier resolution agreed to co- sponsor a grant application for L.E.A.A. funding for a technical study of a consolidated dispatch service; and WHEREAS, 'it is now necessary to establish a committee and admini- strative structure to represent the communities in selection and direction of a consultant, to carry out the study, to develop recommendations as to implementation of the study conclusions and to handle the administrative details of the grant administration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The City of New Hope shalliact as the secretariat for the committee to be established below and shall act as the grant administrator under the direction } of the committee. 2. A ten member committee shall be established to direct the study. It shall consist of the City Manager and Chief of Police (or the Chief's designated representa- tive) of each community. The committee shall: a. Formulate the criteria for and select a consultant for the study. b. Establish guidelines for the study and direct the consultant as the study is done. C. Develop from the study conclusions, a' recommended course action to follow in implementation of a consolidated dispatch system, or recommend that the consolidation is not feasible d. Hold its initial meeting upon call of the New Hope City Manager and select a permanent Chairman and Vice Chairman at that meeting. 3. That each City shall be responsible for one fifth (1/5) of the local match required in the L.E.A.A. funding. ( "; - The local match is now estimated to be $400.00 per City. 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. RESOLUTION IN REGARD TO STUDY OF CONSOLIDATED DISPATCH SERVICE WHEREAS, the cities of Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale, are desirous of studying the possible benefits to be obtained by a consolidated dispatch service for the five communities, and WHEREAS, the five communities have by earlier resolution agreed to co- sponsor a grant application for L.E.A.A. funding for a technical. study of a consolidated dispatch service, and WHEREAS, it is now necessary to establish a committee and administrative - structure to represent the communities in selection and direction of a consultant, to carry out the study, to develop recommenda- tions as to implementation of the study conclusions and to handle the administrative details of the grant administrations - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of that: 1. The City of New Hope shall act as the secretariat for the Committee to be established below and shall act as the grant adzr:inistrator under the direction of the committee. 2. A ten member committee shall be established to direct the study. It shall consist of the City Manager and Chief of Police (or the Chief's designated representative) of each community. The Committee shall, a) Formulate the criteria for and select a consultant for the study. b) Establish guidelines for the study and direct the consul- tant as the study is done. c) Develop from the study conclusions, a recommended course - of action to follow in implementation of a consolidated dispatch system, or recommend that the consolidation is not feasible. d) mold its initial meeting upon call of the New Hope City Manager and select a permanent Chairman and Vice Chairman at that meeting. 3. That each city shall be responsible for one fifth (115) of the local match required in the L.E.A.A. funding. The local match is now estimated to be $400.00 per city. Adopted this day of 1979. Mayor ATTEST: Cit y Clerk Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE A CERTAIN STATE -OWNED HOUSE IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES WHEREAS, the Brooklyn Center Volunteer Fire Department has requested.the Brooklyn Center, City Council to.authorize the use of a state -owned house within the City of Brooklyn Center for the purpose of burning for Fire Department training; and WHEREAS, training drills are essential'to maintain the effectiveness of the Brooklyn Center Volunteer Fire Department; and WHEREAS, the Brooklyn Center Volunteer Fire Department has obtained permission from the State Department of Transportation for the use of the house for training contingent on authorization for such use by the Brooklyn Center City Council; and WHEREAS, the Brooklyn Center Volunteer Fire Department has requested the Brooklyn Center City Council to authorize the use of one state -owned house for training purposes through February 29, 1980; and WHEREAS, the subject house is located at 5440 - 4th Street North, within.the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED that the City Y Council of the City of Brooklyn Center hereby authorizes the use of the subject house, by the Brooklyn Center Volunteer Fire Department, for training' purposes through February 29, 1980. BE IT FURTHER RESOLVED that except for negligent acts of the State, its agents and employees, the City of Brooklyn Center assumes all liability for, and will save the State, its agents and employees harmless from, all claims for damages, actions or causes of action arising out of the use of the subject building by the City for Fire Department training. 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 j voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. T Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 8,000 POUNDS- OF GRASS SEED WHEREAS, the City f Brooklyn Center is authorized to Y Y participate in the Hennepin County Purchasing Agreement; and WHEREAS, on Wednesday, October 17, 1979 at 2:00 p.m; bids were received for the furnishing and delivery of grass seed for Central Park. NOW, THEREFORE, BE IT RESOLVED that the bid of Northrup King Company in the amount of $10,480.00 ($1.31 /lb.)'in accordance with specifications is deemed to be the best bid submitted by responsible bidders and said bid is hereby accepted Y Date Mayor is ATTEST: Clerk I" The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I f "qtr Member introduced the following,resolution and moved its adoption: RESOLUTION.NO. RESOLUTION AUTHORIZING THE PURCHASE OF 3,000 POUNDS OF GRASS SEED WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin County Purchasing Agreement, and WHEREAS, on Wednesday, October 17 1979 at 2:00 p.m. bids were received for the furnishing and delivery of grass seed for the park system. NOW, THEREFORE, BE IT RESOLVED that the bid of Tessman Seed Company in the amount of $3,210.00 ($1.07 /lb.) in accordance with speci- fications is deemed to be the best bid submitted by responsible bidders and said bid is hereby accepted. P ted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded 'by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 2,500: POUNDS OF ANNUAL RYEGRASS WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin County Purchasing Agreement; and WHEREAS, on Wednesday, October 17, 1979 at 2:00 p.m. bids were received for the furnishing and delivery of annual ryegrass. NOW, THEREFORE, BE IT RESOLVED that the bid of Barzen of Minneapolis, Inc. in the amount of $2,875.00 ($1.15 /lb.) in accordance with specifications is deemed to be the best bid submitted by responsible bidders and said bid is hereby accepted. Date Mayor T., 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. M `;. Member- introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 8,000 POUNDS OF GRASS SEED WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin County Purchasing Agreement; and - WHEREAS, on Wednesday, October 17, 1979 at 2:00 p.m. bids were received for the furnishing and delivery of grass seed for Central Park. NOW, THEREFORE, BE IT RESOLVED that the bid of Northrup King Company in the amount of $10,480.00 ($1.31 /lb.) in accordance with .specifications is deemed to be the best bid submitted by responsible i b dders and said bid is hereb acc acce Y P Date Mayor ATTEST; Clerk f F The motion for the adoption of the forego resolution was duly, seconded by member , and'upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r �a I i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 3,000 POUNDS OF GRASS SEED WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin County Purchasing Agreement; and WHEREAS, on Wednesday, October 17, 1979 at 2x00 p.m. bids were received for the furnishing and delivery of grass seed for the park system. NOW, THEREFORE, BE IT RESOLVED that the bid of Tessman Seed Company in the amount of $3,210.00 ($1.07/lb.) in accordance with speci- fications is deemed to be the best bid submitted by responsible bidders and said bid is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a <` Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 2,500 POUNDS, OF ANNUAL RYEGRASS WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin county Purchasing Agreement; and WHEREAS, on Wednesday, October 17, 1979 at '2:00 p.m bids were received for the furnishing and delivery of 'annual ryegrass NOW, THEREFORE, BE IT RESOLVED that the bid of Barzen of Minneapolis, Inc. in the amount of $2,875.00 ($1.15 /lb.) in accordance with specifications is deemed to be the best bid submitted by responsible bidders and said bid is hereby accepted. Date Mayor ATTEST: Clerk } 'The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BID PRICES FOR GRASS SEED AND ANNUAL RYE Grass Seed Grass Seed #1 Annual Ryegrass #2 Price Price Price Per Pound Per Pound Per Pound Tessman Seed Company $1.07 .195 - Turf Supply Company 1.257 .178 .1349 Northrup King Company 1.19 .170 .131 ; Twin City Seed Company 1.12 .185 .153 Peterson Forage Seed Company 1.331 .198 .13920 _Barzen of Minneapolis 1.32 .115 .202 M. T. Wiley, Inc. - .21 GRASS SEED MIXTURE - #1 45% Park Kentucky Bluegrass 20% Creeping Red Fescue 20% Scaldis Hard Fescue 15% Perennial Rye NK 200 GRASS SEED MIXTURE - #2 30% Parade Kentucky Bluegrass 20% Aquila Kentucky Bluegrass 20% Park Kentucky Bluegrass 30% Perennial Rye NK 200 i MEMO TO: G. G. Splinter, City Manager FROM Gene Hagel, Director of Parks Recreat'o TE November 21, 1979 SUBJECT: Contract to provide service for the Handicapped The attached contract is a renewal of an agreement.the City entered into last year with Suburban Community Services regarding programming for the handicapped. I recommend that the contract be continued for the year 1930. Rationale In the past, the Recreation Departments from the eight communities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove,. New Hope, Plymouth and Robbinsdale, have been jointly offering programs for'children and adults who are mentally retarded. This operation has required that various persons from the eight communities handle the organization, plannings, finances, supervision, hiring, publicity, administration, and communication with parents and participants. In order to provide for more effecient and effective programs, the eight communities are proposing to enter into a contract with S.C.S. on an annual basis to provide a part -time professional person to coordinate the existing programs for the handicapped. f he Coordinator would have the following responsibilities: work closely with representatives from the eight Communities in the planning and evaluation of the programs, handle the financial coordination of the programs, - provide for the supervision of past- time program Staff including the recruiting, hiring, orientation, • supervision, and evaluation, act as a direct program leader wherever appropriate, -. handle the administration of the programs - act as the main communication contact with parents, participants, and other agencies. Each community would be responsible for providing a representative to meet as needed to assist with planning and evaluation. Programs would consist of the following five social development programs for children and adults who are mentally retarded: 1. Summer Recreation /Education Program 2. Fall, Winter, Spring, Saturday Afternoon Program 3. Fall, Winter, Spring, Friday Evening,Program 4. Summer Softball Program S. Summer Evening Program e- benefits of this proposed plan are: 1. Provides for financial coordination of all programs 2. Provides for administrative coordination of all programs. 30 Provides for supervisory coordination of all programs. 4. Alleviates duplication of time and energy of staff from the various communities 5. Provides central communication source. 6. Provides a cost effective approach to programming, eliminating duplication of office supplies, bookkeeping, postage, etc. 7. Provides continual contact and communication between supervisor, staff and program. 8. Allows for mechanism for expansion of programs. 9. Is compatible with S.C.S. and fiscal planning. g P 10. Is supported by the Northwest Human Services Council The cost to Brooklyn Center is $1,103.00 and has been budgeted in Recreation account 4310 - 65. T I I CONTRACT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND SUBURBAN COMMUNITY SERVICES WHEREAS, the City of Brooklyn Center (hereinafter called the "City ") is in agreement for Suburban Community Services (here- after called the "Contractor ") to provide the services specified in the proposal for delivery of services to persons with disabilities; and WHEREAS, Suburban Community Services and the eight northwest communities did contend that a one -half time professional to coordi- nate the existing five programs for persons who are r- � would be efficient and cost effective; and Al -1;1.1 E x C ( yam - �ij>1nV � �YAu tG WHEREAS, the cost to the 'City for such services shall be one thousand one hundred three dollars ($1,103.00) for the calendar year beginning January 1, 1980, payable in one installment not later than December 1, 1980. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center contract with Suburban Community Services for a coordinator of programs for the handicapped according to the proposal. CITY OF BROOKLYN CENTER Mayor Date City Manager SUBURBAN COMMUNITY SERVICES Date CONTRACT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND SUBURBAN COMMUNITY SERVICES WHEREAS, the City of Brooklyn Center (hereinafter called the "City ") is in agreement for Suburban Community Services (hereinafter called the "Contractor ") to provide the services specified in the proposal for delivery of services to person with disabilities; and WHEREAS, Suburban Community.Services and the eight northwest communities did contend that a one -half time professional to .coordinate the existin g five programs for persons who are retarded would be efficient and cost effective; and WHEREAS, the cost to the City for such services shall be one thousand one hundred three dollars ($1,103.00) for the calendar year beginning January 1, 1980, payable in one installment not later than December 1, 1980. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center contract with Suburban Community Services for a coordinator of programs for the handicapped according to the proposal. CITY OF BROOKLYN CENTER Mayor Date City Manager SUBURBAN COMMUNITY TY SE RVICES RB N OMM Date MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant ' DATE: November 29, 1979 0 SUBJECT: Acquatic Supervisor Since the Civic Center pool was opened, part -time personnel have been used to perform most of the duties for the conditionally approved acquatic super- visor. From the time of the pool opening to the present, there have been fifteen (15) different individuals employed in this capacity. The average time for the position has been slightly less than six months. It has been previously noted that a change in the status of the acquatic supervisor from 'a part -time to a full-time position would cost the City approximately $4,000 with consideration being given for the added cost of benefits. There has been a gradual decline in the _pool's ' use since 1972. While there are perhaps a number of contributing factors to the decline in the pool's use, the significance of the decline relative to the additional cost for a full -time acquatic supervisor is the increased availability of the pool for use promotion. There are several time frames that would easily lend themselves for promo - tional use because of the underutilization of the pool. Weekday afternoons represent approximately 900 hours annually that could be used to encourage school and business use of the pool. If the pool were booked to schools (at the reduced rate given schools) for 4 hours per week the $4,000 cost of the acquatic supervisor would be offset. If the 4 hours per week were evenly divided between school use and other groups (business, civic, church, young adults, etc.) the additional income would be in the excess of $5,000. There are other time periods that should be promoted. The months of Dec- ember, April, May, September, October and November range from being tradi- tionally poor months to just average. An estimated 1,500 to 2,000 hours of underutilization is in need of promotion. If group promotions were confined to nonschool groups, slightly less than 2.75 hours per week would offset the additional cost. Groups are admitted to the pool along with the general public. Additional group usage would not limit the general public's access to the use of the facilities. The stability of a full -time supervisor should provide a consistent admin- istration of the pool and related policies and should be a focal point in stemming the decline in the pool's use. While the cost of the position could be offset through "group" promotion, it should be anticipated that increased individual use, memberships and better supervision of the exercise room will also increase revenues.' Gerald G. Splinter -2- November 29, 1979 With the promotion of the pool and sauna by the Acquatic Supervisor, the City can anticipate, as a minimum, the following increases in revenues: 1. Memberships ( #45 x $45) $2,025 2. Group Promotion (52 hours @ 28) 1,456 3. General Admission (est. 900 adm. /2% rev. increase) 1,080 Increased Revenue $4,561 o , BH:ln I M &_C No. 79 -31 November 30 1979 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Aquatic Supervisor To the Honorable Mayor and City Council: With the addition of a full -time aquatic supervisor to coordinate the public promotion of the pool, sauna and exercise facilities, the following increases in revenue will be sufficient'to offset the $4,000 additional cost of the proposed position. Current Status Projected Increases Memberships # 847 # 892 ( +$2,025) Group Revenues* $2,800 (1978 projection) $ 4,256 ( +$1,456) General Admission ** $70,401 ( +$1,080) Real Increased Revenue over 1979 $4,561 Group rates will not change in 1980. ** General admission revenue takes into consideration additional revenues from admission rate increases. Respectfully submitted, / Hagel Director of Parks and Recre ion CITY OF BROOKLYN CENTER Appr v Ggia linter City M ager CITY O BROOKLYN CENTER, GH:ln i. MEMORANDUM TO: Gerald G. Splinter, City Manag FROM: Tom Bublitz,'Administrative Assistarr� DATE: November 30, 1979 SUBJECT: Commission Appointments and Reappointinents The following is a list of Advisory Commission appointments which expire on December 31, 1979. The list also includes any vacancies which now exist in the Commissions. Attached is a current roster for all Advisory Commissions. Commission Expiration Date New Term Conservation Commission 1. Barbara Jensen December 31, 1979 December 31, 1982 2. Fred Albright December 31, 1979 December 31, 1982 Human Rights Commission 1. Al Weyrauch December 31, 1979 December 31, 1982 2. Joyce Tolve December 31, 1979 December 31, 1982 3. Jayne Kuhar December 31, 1979 December 31, 1982 4. Vacancy December 31, 1979 December 31, 1982 Park and Recreation Commission 1. Leahnell Hickman (P.S.A. II) December 31, 1979 December 31, 1982 2. Dawn Kiefer (P.S.A. IV) December 31, 1979 December 31, 1982 Housing Commission 1. Ray Haroldson December 31, 1979 December 31, 1982 2 Ronald Turner December 31, 1979 December 31, 1982 Planning Commission 1. Richard Theis December 31, 1979 December 31, 1981 2. Molly Malecki December 31, 1979 December 31, 1981 3. William Hawes December 31, December 31, 1981 1 11/27/79 Advisory Commission Roster Conservation Commission Chairman & 6 Members - 3 year terms 1. Mary Ellen Vetter, Chairman 5. Bernard Wesloh 6913 Oliver Avenue North (30) 6401 Major Avenue North (29) 561 -1761 (Office 425 -3292) 537 -7295 (Office 561 -2120) term expires - Dec. 31, 1980 term expires - Dec. 31,`1981 2. Henry Dorff 6. Fred Albright 6400 Willow Lane North (30) 5344 Irving Avenue North (30) 561 -4441 (Office 789 -3511) 561 -1708 (Office 646 =2868) term expires - Dec. 31, 1980 term expires Dec. 31, 1979 3. William Price 7. Dan Lutenegger 5555 Dupont Avenue North (30) 6918 Indiana Avenue North (29) 560 -0031 (Office 373 -3731) 560 -1366 (Office 332 -0421) term expires Dec.. 31, 1981 term expires Dec. 31, 1981 4. Barbara Jensen 6539 Drew Avenue North (29) Cecilia Scott, City Council Liaison 561 -3071 4104 Lakeside Avenue'North (29) term expires - Dec. 31, 1979 Brad Hoffman, Secretary Human Rights Commission Chairman & 8 Members - 3 year terms 1. Al Weyrauch, Chairman 6. Jayne Kuhar 6407 Orchard Avenue North (29) 7235 West River Road (30) 533 -7298 (Office 330 -5577) 560 -1327 (Office 333 -3225) term expires - Dec. 31, 1979 term expires - Dec. 31, 1979 2. Joyce Tolve 7. Diane Lemke 7012 Oliver Circle (30) 5307 Northport Drive (29) 561 -0193 (Office 755 -9450) 537 -8000 (Office 537 -5061) t term expires - Dec. 31, 1979 term expires - Dec. 31, 1981 3. Michael Miller 8. Ember Reichgott 7203 Fremont Avenue North (30) 4510 58th Avenue North (30) 566 -7090 (Office 588 -5788) 533 -2015 (Office 835 - 3800) term expires - Dec. 31, 1980 term expires Dec. 31, 1980 4. Edith Johnson 9. Vacancy (Eleanor Bradway) 2818 Northway Drive, #302`(30) 3 year term Dec. 31, 1979 560 -1086 (Office 935 -8474) term expires Dec. 31, 1981 5. Jerome Campion 7240 West River Road, #14 (30) Gene Lhotka, City Council Liaison ' 560 -7912 6035 Lyndale Avenue North (30) term expires Dec. 31, 1980 Tom Bublitz, Secretary 11/27/79 Advisory Commission Roster (continued) Park and Recreation Commission - Chairman & 6 Members - 3 year terms 1. Gerald Johnson, Chairman 5. Arvid (Bud) Sorenson 6448 Noble Avenue North (29) P.S.A. III 537 -9214 6901 Toledo Avenue North (29) term expires - Dec. 31, 1981 566- 4524 term expires Dec. 31, 1981 2. Michael,Streitz At- Large 6. Dawn Kiefer 2006 Brookview Drive (30) P.S.A. IV 560 -0034 6218 Kyle Avenue North (29) term expires - Dec. 31, 1980 537 -6515 term expires - Dec. 31, 1979 3. Jacqueline Albright P.S.A. I 7. Harry Bradford 5344 Irving Avenue North (30) P.S.A. V 561 -1708 4701 Lakeview Avenue North (29) term expires - Dec. 31, 1981 537 -7423 ' term expires - Dec. 31, 1980 .4. Leahnell Hickman P.S.A. II 7024 Emerson Avenue North (30) Tony Kuefler, City Council Liaison 561 -4181 5943 Abbott Avenue North (29) term expires - Dec. 31, 1979 Tom Bublitz, Secretary Housing Commission - Chairman & 8 Members - 3 year terms 1. Phyllis Plummer, Chairman 6. Ronald Turner 6520 Brooklyn Boulevard (29) 2819 Nash Road (30) 561 -6520 561 -3571 (Office 296- 5145) term expires Dec. 31, 1980 term expires Dec. 31, 1979 2. Dolores Hastings, Vice- Chairman 7. Clifford Williams 5813 Aldrich Avenue North (30) 5736 June Avenue North (29) 561 -3956 533 -5977 term expires - Dec. 31, 1981 term expires Dec. 31, 1981 3. Ray Harold$on 8. Rev. Robert Cilke 1207 72nd Avenue North (30) 3301 Mumford Road (29) 561 -2092 566 -8583 term expires - Dec. 31, 1979 term expires - Dec. 31, 1981 4. Patricia Weitzel 9. Lowell Ainas 44 . 18 66th Avenue North (29) 7043 Perry Avenue North (29) 533 -8384 560 -78015 (Office 830 -5998) term expires Dec. 31, 1981 term expires Dec. 31, 1980 5. Karen Duenow 6824 Ewing Avenue North (29) Bill Fignar, City Council Liaison 566 -8784 (Office 291 -6240) 6015 Abbott Avenue North (29) term expires - Dec. 31, 1981 Brad Hoffman, Secretary 11/27/79 Advisory Commission Roster (continued Planning Commission - Chairman & 6 Members - 2 year terms 1. Harold Pierce, Chairman 5. William Hawes 3313 Lawrence Road (29) 3612 53rd Avenue North (29) 566 -4228 537 -0788 term expires Dec. 31, 1980 term expires - Dec. 31, 1979 2. Dan Erickson 6. George Lucht 5324 Boulder Lane (29) 5105 Brooklyn Boulevard (29) 537. -0486 535 -6270 term expires Dec. 31, 1980 term expires - Dec. 31, 1980 3. Richard Theis 7. Nancy Manson 3006 Thurber Road (29) 7100 Dupont Avenue North (30) 561 -8738 561 -7179 term expires - Dec. 31, 1979 term expires - Dec. 31, 1980 4. Molly Malecki 4207 Joyce Lane (29) 535- 1928 term expires - Dec. 31, 1979 Ron Warren, Secretary Northwest Hennepin Human Services Advisory Commission - 2 Members - 2 year terms 1. Dr. Duane Orn Northport Clinic (29) term expires - Dec. 31, 1980 2. Dorothy Buckingham 6143 Lee Avenue North (29) term expires - Dec. 31, 1981 L i MEMORANDUM r r G S City Manager TO • Gerald d a.n ter, e 1 1 Y e g P FROM: Tom Bublitz, Administrative Assists DATE: November 30, 1979 SUBJECT: Commission Appointments and Reappointments The following is a list of Advisory Commission appointments which expire on December 31, 1979. The list also includes any vacancies which now exist in the Commissions. Attached is a current roster for all Advisory Commissions. Commission Expiration Date New Term Conservation Commission 1. Barbara Jensen December 31, 1979 December 31, 1982 2. Fred Albright December 31, 1979 December 31, 1982 Human Rights Commission 1. Al Weyrauch December 31, 1979 December 31, 1982 2. Joyce Tolve December 31,'1979 December 31, 1982 3. Jayne Kuhar_ December 31, 1979 December 31, 1982 4. Vacancy December 31, 1979 December 31, 1982 Park and Recreation Commission 9 Dec 3Z 1. Leahnell Hickman (P.S.A. II) December 31, 197 .ember , 1982 2. Dawn Kiefer (P.S.A. IV) December 31, 1979 December 31, 1982 Housing Commission 1. Ray Haroldson December 31, 1979 December 31, 1982 2. Ronald Turner December 31, 1979 December 31, 1982 Planning Commission 1. Richard Theis December 31, 1979 December 31, 1981 2. Molly Malecki December 31, 1979 December 31, 1981 3. William Hawes December 31,' 1979 December 31, 1981 i 11/27/79 Advisory Commission Roster Conservation Commission - Chairman & 6 Members - 3 year terms . 1. Mary Ellen Vetter, Chairman 5. Bernard Wesloh 6913 Oliver Avenue North (30) 6401 Major Avenue North (29) 561 -1761 (Office 425 -3292) 537 -7295 (Office 561 -2120) term expires - Dec.- 31, 1980 term expires Dec. 31, 1981 2. Henry Dorff 6. Fred Albright 6400 Willow Lane North (30) 5344 Irving Avenue North (30) 561 -4441 (Office 789 -3511) 561 -1708 (Office 646 -2868) term expires - Dec. 31, 1980 term expires Dec. 31, 1979 3. William Price 7. Dan Lutenegger 5555 Dupont Avenue North (30) 6918 Indiana Avenue North (29) 560 -0031 (Office 373 -3731) 560 -1366 (Office 332 - 0421)' term expires - Dec. 31, 1981 term expires Dec. 31, 1981 4. Barbara Jensen 6539 Drew Avenue North (29) Cecilia Scott, City Council Liaison 561 -3071 4104 Lakeside Avenue (29) term expires Dec. 31, 1979 Brad Hoffman, Secretary Human Rights Commission - Chairman & 8 Members - 3 year terms 1. Al Weyrauch, Chairman 6. Jayne Kuhar' 6407 Orchard Avenue North '(29) 7235 West River Road (30) 533 -7298 (Office 330 -5577) 560 -1327 (Office 333 - 3225) term expires - Dec. 31, 1979 term expires = Dec. 31, 1979 2. Joyce Tolve 7. Diane Lemke 7012 Oliver Circle (30) 5307 Northport Drive (29) 561 -0193 (Office 755 -9450) 537 -8000 (Office 537 -5061) term expires - 31, 1979 term expires Dec. 31, 1981 3. Michael Miller 8. Ember Reichgott 7203 Fremont Avenue North (30) 4510 58th Avenue North (30) 566 -7090 (Office 588 -5788) 533 -2015 (Office 835 -3800) term expires - Dec. 31, 1980 term expires Dec. 31, 1980 4. Edith Johnson 9 Vacancy (Eleanor Bradway) 2818 Northway Drive, #302 (30) 3 year term Dec. 31, 1979 560 -1086 (Office 935 -8474) term expires Dec. 31, 1981 5. Jerome Campion 7240 West River Road, #14 (30) Gene Lhotka, City Council Liaison 560 -7912 6035 Lyndale Avenue North (30) term expires - Dec. 31, 1980 Tom Bublitz, Secretary 11/27j79'. Advisory Commission Roster (continued) Park and Recreation Commission Chairman & 6 Members - 3 year terms 1., Gerald Johnson, Chairman 5. Arvid (Bud) Sorenson 6448 Noble Avenue North (29) P.S.A. III 537 -9214 6901 Toledo Avenue North (29) term expires - Dec. 31, 1981 566 -4524 term expires - Dec. 31, 1981 2. Michael Streitz At -Large 6. Dawn Kiefer 2006 Brookview Drive (30) P.S.A. IV 560 -0034 6218 Kyle Avenue North (29) term expires - Dec. 31, 1980 537 -6515 term expires - Dec. 31, 1979 3. Jacqueline Albright P.S.A. I 7. Harry Bradford 5344 Irving Avenue North (30) P.S.A. V 561 -1708 4701 Lakeview Avenue North (29) term expires Dec. 31, 1981 537 -7423 term expires - Dec. 31, 1980 4 L n Hi Y eah ell Hickman P.S.A. II 7024 Emerson Avenue. North (30) Tony Kuefler, City Council Liaison 561 -4181 5943 Abbott Avenue North (29) term expires Dec. 31, 1979 Tom Bublitz, Secretary Housing Commission Chairman & 8 Members - 3 year tbrms 1. Phyllis Plummer, Chairman 6. Ronald Turner 6520 Brooklyn Boulevard (29) 2819 Nash Road (30) 561- 6520 561 -3571 (Office 296 -5145) term expires - Dec. 31, 1980 term expires - Dec. 31, 1979 2. Dolores Hastings, Vice - Chairman 7. Clifford Williams 5813 Aldrich Avenue North (30) 5736 June Avenue North (29) 561 -3956 533 -597? term expires Dec. 31, 1981 term expires Dec. 31, 1981 3. Ray Haroldson 8. Rev. Robert Cilke 1207 72nd Avenue North (30) 3307 Mumford Road (29) 561 -2092 566 -8583 term expires - Dec. 31, 1979 term expires Dec. 31, 1981 4. Patricia Weitzel 9. Lowell Ainas 4418 66th Avenue North (29) 7043 Perry Avenue North (29) 533 -8384 560 -7805 (Office 830- 5998) term expires -- Dec. 31, 1981 term expires - Dec. 31, 1980 5. Karen Duenow 6824 Ewing Avenue North (29) Bill Fignar, City Council Liaison 566 -8784 (Office 291 -6240) 6015 Abbott Avenue North (29) term expires - Dec. 31, 1981 Brad Hoffman, Secretary i r 11/27/79 ti Advisory 'Commission Roster (continued) Planning Commission Chairman & 6 Members 2 year terms 1. Harold Pierce, Chairman 5. William Hawes 3313 Lawrence Road (29) 3612 53rd Avenue North (29) 566 -4228 537 -0788 term expires - Dec. 31, 1980 term expires - Dec. 31, 1979 2. Dan Erickson 6. George Lucht 5324 Boulder Lane (29) 5105 Brooklyn Boulevard (29) 537 -0486 535 -6270 term expires - Dec. 31, 1980 term expires - Dec. 31, 1980 3. Richard Theis 7. Nancy Manson 3006 Thurber Road (29) 7100 Dupont Avenue North (30) 561 -8738 561- 7179 term expires - Dec. 31, 1979 term expires Dec. 31, 1980 4. Molly Malecki 4207 Joyce Lane (29) 535 -1928 term expires Dec. 31, 1979 Ron Warren, Secretary Northwest Hennepin Human Services Advisory Commission - 2 Members - 2 year terms 1. Dr. Duane Orn Northport Clinic (29) term expires - Dec. 31, 1980 2. Dorothy Buckingham` 6143 Lee Avenue North (29) term expires - Dec. 31, 1981 JOINT,POWERS AGREEMENT FOR INTER- AGENCY SPECIAL INVESTIGATION SQUAD THIS AN AGREEMENT made and entered into this lst day of January, 1980, by and among the undersigned cities and counties through the action of their governing bodies, in accordance with the Joint Powers Act, Minnesota Statutes, Section 471.59. WITNESSETH WHEREAS, a single city or county rarely has adequate staff or other resources to conduct the thorough and prompt investigation required for the expedient solution of very. com- plieated and time consuming major crimes; and WHEREAS, perpetrators of major crimes often flee to, and take refuge in, cities and counties other than those in which the crimes have been committed; and WHEREAS, witnesses and other pieces of evidence of these major crimes are often found in more than one city or county; and ! WHEREAS, the commission of a major crime in any city or county poses a threat to the safety, health and welfare of the residents of the entire surrounding area; and WHEREAS, a pooling of resources in a combined investigative action by neighboring cities and counties can result in the expedient; solution of major crimes; and WHEREAS, Minnesota Statutes, Section 412.221 regarding statutory cities, Chapter 410 regarding home rule charter cities and Section 387.03 regarding County Sheriffs` grants to the undersigned cities and counties the separate power "to provide for the government and good order of their cities and counties, for the prevention of crime, for the protection of public and private property, and for the promotion of the health safety and welfare of their residents; and WHEREAS, the Joint Powers Act, Minnesota Statutes Section 471.59, permits cities and counties to jointly and cooperatively exercise any powers common to the parties, including those powers which are the sane except for the territorial limits in which they may be exercised. NOW, THEREFORE, in consideration of the mutual terms, and conditions contained herein, the parties hereto agree as follows: 1. In ter Agency Special Investigation Squad There is hereby created the Inter Agency Special Investigation Squad which shall be comprised of police personnel from the police agencies of the undersigned cities and counties and the purpose of which shall be to conduct special case investigations within such cities and counties as provided herein. 2. Parties The original parties to this Agreement shall consist of those cities and counties in the Minneapolis -St. Paul Metropolitan Area which have elected to become parties through the adoption of resolutions by their governing bodies and which have caused their authorized officials to execute this Agreement on their behalf the day and year first above written and to attach a certified copy of the resolution indicating its manner of adoption. In addition, other cities and counties in the Minneapolis -St. Paul Metropolitan Area may become parties through the adoption of resolutions by their governing bodies and their, approval as parties by the Board of Directors of the Squad as provided herein. Upon the adoption of such resolution by any eligible city and county and approval by the Board, this Agreement shall be submitted to such city or county for execution by its lawfully authorized official. Such official shall also attach to this Agreement a certified copy of the resolution indicating its manner of adoption. 3. Board of Directors The Squad shall be governed q g by a Board of Directors comprised of the heads of each police agency of those eligible cities and counties which adopt this Agreement and which are approved as parties. The Board shall adopt and'may amend by -laws and other rules, shall determine all major policies and procedures and shall resolve any conflicts which may arise in the operation of the Squad. The Board shall meet on the first working Monday of January and July of each year and at such other times upon the call of the Chairman who shall give due notice of the calling of such special meeting to each director. Consider- ation of applications by cities and counties and other Board actions may be taken at any regular or special meeting and any action.taken by the Board shall require a majority vote of those directors present and voting at any meeting. No business maybe conducted by the Board in the absence of a uorum consisting of at q g least one more than half of all directors. In the event of illness or other good cause, a director may designate a subordinate officer from the same city or county to represent him with full powers of substitution at any meeting of the Board of Directors. 4. Executive Committee At its January meeting, the Board of Directors shall elect an Executive Committee consisting of a Chairman, Vice- Chairman, Secretary- Treasurer and two members - at- large, all of whom shall be directors. The Executive Committee shall appoint a Team Commander and the various other command and supervisory officers from among Squad personnel and shall regulate the day -to -day activities of the Squad with full power to remove individual officers from the Squad. The Executive Committee shall meet on the first working Tuesday of each month and, 'except as provided herein, shall retain final authority for the assignment or withdrawal of the Squad from any case. The Executive Committee shall also have such powers and duties as are consistent with the law and which are provided in the bylaws or which shall be delegated to it by the Board of Directors from time to time. 5. Personnel The personnel of the Squad shall consist of those police employees from each city and county who are appointed by the heads of each police agency to serve on the Squad and who are duly qualified to so serve. Requirements concerning the qualifications, operations and responsibilities of the Squad f personnel shall be provided in the bylaws or such other rules and regulations as are adopted by the Board: 6. Activation of Squad The head of each police agency or his designee from any party to this Agreement, in which a major crime has recently been committed, may request the assistance of the Squad by contacting the Squad Commander (or his deputy in his absence), who shall evaluate the request and convey it to any member of the Executive Committee. Such member of the Executive Committee shall have the discretion to either deny the request or. activate the Squad In the event the Squad Commander cannot contact any member of the Executive Committee after reasonable .efforts, he shall have the discretion to either deny the - request or activate the Squad. The members of the'Executive Committee may by a majority vote overrule the action of the member acting above or of the Squad Commander concerning the decision to activate the squad. The Squad Commander shall at all times consult with, and be subject to, the authority of the ranking officer of the local jurisdiction in which Squad operations are being conducted. Any conflicts between; the Squad Commander and local ranking officer shall be resolved by the Executive Committee; provided, however, that the requesting agency has the absolute authority at all times to order the Squad to cease its operation and to withdraw therefrom. 7. Disbursements Squad funds may be expended as far as practicable in accordance with the procedures established by law for expenditure of funds by the parties to this agreement. Contracts shall be let and purchases made in accordance with the laws appli- cable to the parties to this agreement. 8. Funds The Board may accept gifts, apply for and use grants or loans of money or property from members or other govern- mental units or organizations and may enter into agreements, required in connection therewith and may hold, use, and dispose of such monies or properties in accordance with the terms of the gift, grant or loan agreement relating thereto. It may accept voluntary contributions from its members if the members determine that unusual circumstances warrant their providing financial support to the squad, but the Board shall have no taxing power.. It may accumulate reserve funds and may invest and reinvest its funds not needed for current'loperating expenses in the manner and subject to'the limitations applicable by law to the parties to this agreement. The Board may not incur obligations in excess of funds then available to it. 9. Responsibility and Indemnification A. For the purpose of this paragraph, the following terms shall have the meanings given them herein: a) "Sending Agency" means each governmental unit contributing police personnel to the Squad in accordance with Section 5 o this Agreement. b) "Receiving Agency" means each governmental unit receiving assistance from the Squad in accordance with Section 6 of this Agreement B. Except as provided herein and in the bylaws, any police personnel conducting activities here- under as members of the Squad shall remain under the director and control of the sending agency by whom such police personnel is employed. Each sending agency hereby agrees to _indemnify and hold harmless the other parties to this agreement from any claim, or cause of action for personal injury, property damage or other tortious acts or emissions which are caused or occasioned by the sending agency's police personnel while in performance of squad functions. 10. Status of Employees Any employee detailed by a sending agency as defined in Section 9 of this agreement shall remain the employee of such sending agency for purposes of position classification, pay and allowances, vacation and sick leave policies, pension, retirement and disability plans, except as otherwise authorized by this agreement or by law. An employee who participates in any assignment pursuant to this agreement who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in performance of duties in connection therewith, shall be treated, for purposes of the sending agency's employee compensation program, I -- as an employee, who has sustained such injury in the performance of such duty, but shall not receive benefits for any period for which'he is entitled to and elects to receive similar benefits under the receiving agency's employee compensation plan. 11. Duration This 'Agreement shall be effective as of the date hereof for the original parties hereto and shall be effective as of the date of execution for any additional parties who may be added from time to time as provided herein. Any party may withdraw from this Agreement at any time upon thirty (30) days' written notice delivered or mailed to the Chairman 12. Distribution of Assets Any property or surplus monies acquired as the result of the organization and operation of the Squad shall be distributed to the parties -upon the termination of this Agreement in exact proportion to their contribution of such property or monies. In addition, any party which withdraws from this Agreerrent prior to its termination shall be entitled to the return of any property which it has contributed, or the cash equivalent thereof, and to a proprotionate share of any surplus monies. IN WITNESS WHEREOF, the undersigned cities and counties have caused this Agreement to be executed on its behalf by its duly authorized officials the day and year below written. i Dated: December 3, 1979 B Y Z, , J, z g g,, r It h Dated: December 3, 197 B Lts /" /.City Manager 0 Dated: By Its Dated; By Its Dated; B Its Dated; B Its