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HomeMy WebLinkAbout1976 12-20 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center December 20, 1976 7 :30 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approve Minutes - November 22 and December 6 1976 S. Approve Final R.L.S. 6. Authorize Site Performance Bond Reductions /Releases: a. Group Health Clinic Site b. Evergreen Park Apartments 7200 Camden Avenue North c . Dietrich` s Creek, Villas 7. Resolutions: a. Acknowledging `Donation of Property b. Declaring Hazardous Building C. Authorizing Participation in Hennepin County Criminal justice Council d. Authorizing Participation in Hennepin Emergency Communications • Organization (HECO) e. Commending Sgt. Beach for Scholastic Achievement f Amending 1976 Budget by Transfer from Unallocated Labor Account to Police Account g. Amending 1976 Budget by Transfer from Unallocated Labor Account to Various Accounts h. Amending 1976 Budget by Appropriating CETA Revenues i. Amending 1976 Budget by Balancing Various Accounts j. Amending 1976 Budget by Transfers from Revenue Sharing Fund k. Amending 1977 Budget by Extending Microfilm Equipment Appropriation 1. Amending 1977 Budget to Authorize CETA Positions 8. Planning Commission Items (8 :05 p.m.): a. Application No. 76061 submitted by Parnell Olson b. Application No. 76062 submitted by Federal Lumber c. Application No. 76066 submitted by Federal Lumber d. Application No. 76067 submitted by Car -X Service Systems e. Application No. 76068 submitted by Kenneth Campbell 9. Ordinances: a. Amending Chapter 9 Regarding Electric Franchise (8:00 p.m.) b. Amending Chapter 23 c. Amending Chapter 35 Relative to Side Yard Setbacks d. Amending Chapter 19 Regarding Storage of Certain Cars e. Amending Chapter 35 Relative to Rezoning from R -1 to C -1 AGENDA Continued 10. Discussion Items; a. Annual Water Assessment Rate Adjustment b. Liquor and Beer License Renewals 11. Licenses 12. Adjournment - rs CITY MANAGER'S COMMENTS Item 5 Approve Final R.L.S. It is recommended that the City Council approve the final R.L.S. submitted by Watkins Lumber Company involving property in the vicinity of 66th Avenue North and Trunk Highway No. 169. Disposition QC:` D :;T 9aOJ Item 6a Group Health Clinic Site It is recommended that the City Council reduce from $69 , 000 to $10 , 000 the site performance bond submitted by H. T. Westin Company on behalf of the Group Health Clinic located at 6845 Lee Avenue North. The reduction is recommended on the basis of the performance of bonded obligation s s ' 000 bh ton e timated to amount to 59 Oa $ Disposition Item 6b Evergreen Park Apartments, 7200 Camden Avenue North It is recommended that the Council release the $15,000 site p erformance bond submitted by Poitra Builders on behalf of Evergreen Park Apartments at 7200 Camden Avenue North The release is recommended on the basis that all performance obligations have been satisfied. Disposition Item 6c Dietrich's Creek Villas It is recommended that the Council reduce from $15, 000 to $9, 000 the escrow agreement amount for Dietrich Company on behalf of the Creek Villas Development. The recommendation is based upon the satisfactory performance of bonded obligations. Disposition Item 7a Acknowledging Donation of Property The attached resolution is recommended for the purpose of acknowledging and accepting the donation of river front property on the east side of Lyndale Avenue across from 5309 Lyndale Avenue North. Miss Helen K. Kusch and her brother Mr. Michael Tabaka, the owners and residents of 5309 Lyndale Avenue North, have determined to make a gift of the property for open space purposes to the City of Brooklyn Center. Disposition CITY MANAGER'S 'COMMENTS Page 2 Item 7b Declaring Hazardous Building The attached resolution ordering the razing and removal of a hazardous building is recommended for the purpose of commencing the necessary legal action to cause the removal of a partially erected structure which constitutes a potential safety hazard, and upon which construction ceased in December, 1974 Disposition Item 7c Authorizing Participation in Hennepin County Criminal justice Council It is recommended that the City Council adopt a joint resolution establish - ing and agreeing to participate in a- reconstituted Hennepin County Criminal Justice Coordinating Council The reconstituted Coordinating Council is intended to provide for proportionate suburban representation in a new forum ' through which various local governments may cooperatively pursue improve- ments in the criminal justice system within Hennepin County. It is not intended that there will be any dues or other membership costs of participa- tion, and withdrawal from the organization can be accomplished easily and without penalty. Disposition Item 7d Authorizing Participation in Hennepin Emergency Communications Organization (HECO) The attached resolution is recommended for the purpose of reauthorizing Brooklyn Center's participation in the Hennepin Emergency Communications Organization. Previous authorization was granted in Resolution No. 76 -78 which subsequently expired through inability of the Hennepin County Sheriff to participate as a required joint powers executor. The agreement has since been redrafted in a manner such that the Hennepin, County Sheriff is not required to execute the joint powers agreement while retain- ing his ability to participate in the administration of the organization. I will be prepared to further elaborate Monday evening. Disposition CITY MANAGER'S COMMENTS • Page 3 • Item 7e Commending Sgt. Beach for Scholastic Achievement The attached resolution is recommended for the purpose of commending Sgt. Ray Beach of the Brooklyn Center Police Department for his scholastic achievement of a B.A. degree from St. Cloud State University under the Brooklyn Center Police Department College Incentive Program. _Disposition Item 7f Amending 1976 Budget by Transfer from Unallocated Labor Account to Police Account The attached resolution is recommended for the purpose of amending the 1976 budget by transferring money from the Unallocated Labor Account to the Police Department Account in response to the recently ratified labor contract terms Disposition Item 7 5 g g Y Amending 1976 Budget b Transfer from Unallocated Labor Account to Various Accounts The attached resolution is recommended for the purpose of amending the 1976 budget by transferring money from the Unallocated Labor Account to operating department accounts in response to Unemployment Compensa- tion experience during the 1976 calendar, year. Disposition Item 7h Amending 1976 Budget by Appropriating CETA Revenues The attached resolution is recommended to amend the 1976 budget by formally appropriating 1976 CETA grant revenues to the various operating departments in which CETA employees have worked. Disposition CITY MANAGER'S COMMENTS Page 4 Item 7i Amending 1976 Budget by Balancing Various Accounts The attached resolution is recommended for the purpose of amending the 1976 budget by transferring money from the Contingency Account to various operating accounts for the purpose of year end balancing within the overall 1976 budget which is expected to run a surplus. Disposition Item 7j Amending 1976 Budget by Transfers from Revenue Sharing Fund The attached resolution is recommended for the purpose of amending the 1976 budget by transferring money from the Revenue Sharing Fund to various operating accounts for capital outlay items previously authorized and appropriated in the budget. Disposition Item 7k Amending 1977 Budget by Extending Microfilm Equipment Appropriation The attached resolution is recommended for the purpose of amending the 1977 budget to carry forward from 1976 an appropriation intended for the acquisition of microfilm equipment. Events are just starting to transpire which will enable us to carry on with the redesign of our records management system upon a microfilm storage and operating basis. Disposition Item 71 Amending 1977 Budget to Authorize CETA Positions The attached resolution is recommended for the purpose of amending the 1977 budget to authorize certain CETA positions for which funding has been provided by the federal government' through Hennepin County for the period January 1 through March 31, 1977. Disposition I CITY MANAGER'S COMMENTS Page 5 . Item 9a Amending Chapter 9 Regarding Electric Franchise The attached ordinance granting a 20 year electric franchise to Northern States Power Company was first read on November 22, published on December 2, 1976 and is offered this evening for second reading and adoption. Section 10.03 of the City Charter provides that the City Council must hold a public hearing following ten days published notice of any franchise grant or renewal. Accordingly such published notice has been given for a public hearing on the proposed franchise renewal at 8:00 p . m . this evening. Disposition Item 9b Amending Chapter 23 The attached housekeeping ordinance amending Chapter 23 was first read on November 22, published on December 2, '1976 and is offered this evening for second reading and adoption. Disposition i Item 9c Amending Chapter 35 Relative to Side Yard Setbacks The attached ordinance amending Chapter 35 relative to side yard setbacks was first read on November 22, published on December 2, 1976 and is offered this evening for second reading and adoption. Disposition - Item 9d Amending Chapter 19 Regarding Storage of Certain Cars The attached ordinance amending Chapter 19 regarding the outdoor storage of collector cars is offered this evening as an outgrowth of previous City Council deliberation on the matter. Disposition CITY MANAGER'S COMMENTS Page 6 Item 9e Amending Chapter 35 Relative to Rezoning from R -1 to C -1 The attached ordinance amending Chapter 35 regarding the rezoning of certain properties in the vicinity of the Brooklyn Center library is recommended consistent with Council action earlier authorizing the rezoning Disposition Item IOa Annual Water Assessment Rate Adjustment Public Works Director Merila will be prepared Monday evening to inform the Council of the extent of increase in the annual water assessment rate, said increase pursuant to Resolution No. 74 -45 being an automatic re- flection of the increase in the Twin Cities' area Consumers Price Index. Disposition Item 10b Liquor and Beer License Renewals • We will be prepared Monday evening to present applications for annual liquor and beer license renewals and make recommendations thereon. Disposition i _ - ..,. >. _. ,. ,,.. •w .. _, .., sir F's,.., Member introduced the following resolution and moved its adoption RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT WHEREAS, Miss Helen K. Kusch and Mr. Michael J. Tabaka have presented the City of Brooklyn Center a gift of property which Ties between Lyndale Avenue North and the Mississippi River, directly east of their residence at 5309 Lyndale Avenue North; and WHEREAS, the City Council is appreciative of the gift and commends Miss Helen K. Kusch and Mr. Michael J. Tabaka for their civic contribution: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge and receive the gift with gratitude. BE IT FURTHER RESOLVED that the gift of property lying between Lyndale Avenue North and the Mississippi River easterly of 5309 Lyndale Avenue North, be considered as part of Brooklyn Center's open space park lands. • 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. IE • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE RAZING AND REMOVAL OF THE HAZARDOUS BUILDING LOCATED ON TRACT B, 'REGISTERED LAND SURVEY NO. 1382, ACCORDING TO THE FILES OF THE REGISTRAR OF TITLES, IN AND FOR HENNEPIN COUNTY, STATE OF MINNESOTA WHEREAS, the Brooklyn Center Development Corporation, the Brooklyn Center Industrial Park, Inc. , the First National Bank of Minneapolis, and Sheehy Construction Company are record owners of that property legally described as Tract B, Registered Land Survey No. 1382 Hennepin County State of Minnesota, located in the City of Brooklyn Center; and WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn Center, has inspected said property and found that said property contains thereon a partially constructed building consisting of a concrete block wall, two stories high, which is freestanding and without support and which freestanding wall is immediately adjacent to several apartment complexes and has further found that construction on this partially .constructed concrete wall had ceased in December, 1974 and has not been resumed; and WHEREAS, Willis Dahn, Building Inspector, has formed the opinion that said concrete block wall constitutes a public nuisance, dangerous condition and hazard to public welfare, safety and health, by reason that said wall is unsupported and could be caused to fall by a high wind or other similar disturbance and that this freestanding wall is on a tract of land immediately adjacent to apartment complexes where children are likely to play; and WHEREAS, the Brooklyn Center Development Corporation, the Brooklyn' Center Industrial Park, Inc. , the First National Bank of Minneapolis, and Sheehy Construction Company, upon due notice of the hazardous nature of said building and premises, have refused to raze and remove said building and its hazards, NOW, THEREFORE, BE IT RESOLVED that Brooklyn Center Development' Corporation, Brooklyn Center Industrial Park, Inca, First National Bank of Minneapolis, and Sheehy Construction Company, their heirs and assigns, shall be ordered to raze and remove the hazardous building and its appurtenances on that premises legally described as Tract B, Registered Land Survey No 1382 according to the files of the Registrar of Titles, Hennepin County, State of Minnesota, said action being taken pursuant to Chapter 463 of the Minnesota Statutes on the grounds that said building and premises are hazardous to the public safety, welfare and health within the meaning of Minnesota Statutes, Section 463.15;_ t RESOLUTION NO BE IT FURTHER RESOLVED that the said Brooklyn Center Development Corporation, Brooklyn Center Industrial Park, Inc. , First National Bank of Minneapolis, and Sheehy Construction Company, their heirs and assigns, must either comply with this order within twenty (20) days from the date of service thereof upon them or within twenty (20) days therefrom file.an Answer, thereto or a Motion for Summary Enforcement of this Order will be taken by the City of Brooklyn Center in the Hennepin County District Court. Date Mayor ATTEST Clerk The motion for the adoption of the foregoing resolution was duly 'seconded by I, 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. . JOINT RESOLUTION ESTABLISHING THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL WHEREAS, the parties to this joint resolution recognize the need for criminal justice system planning and coordination on a countywide basis; and, WHEREAS, it is the sense of the parties hereto that the effective= Hess of such planning and coordination on a countywide basis would best be served by the establishment of a criminal justice coordinating council consisting of representatives of the parties hereto for the purpose of coordinating activities which will improve and strengthen law enforcement and criminal justice, encouraging research and development activities directed toward the improvement of law enforcement and criminal justice and assisting in the development of new methods for the prevention and • reduction of crime and juvenile delinquency; and, WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90 -351), and acts amendatory thereto, encourages and provides for the establishment of criminal justice coordinating councils in major urban areas to assure improved planning for and coordination of criminal justice agencies and activities within those jurisdictions NOW, THEREFORE, BE IT RESOLVED that the Hennepin County Criminal Justice Coordinating Council be established in accordance with the pro - visions as set forth in the accompanying operational bylaws and pursuant to the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, and acts amendatory thereto; BE IT FURTHER RESOLVED that the agrees to participate as a member of the Hennepin County Criminal Justice Co- ordinating Council. RESOLUTION NO.+ OPERATIONAL BYLAWS: HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL - ARTICLE I. ESTABLISHMENT The Hennepin County Criminal Justice Coordinating Council (HCCJCC) is established pursuant to a joint resolution passed by Hennepin County, the city ol"Minneap.olis and any number of suburban municipalities within Hennepin County which, together with the city of Minneapolis, contain at least 50 percent of the total population of Hennepin County. ARTICLE II. GENERAL PURPOSE The HCCJCC is established as a forum through which local units of government in Hennepin County may, by association, consultation and study, cooperatively promote improvements in the criminal justice system which transcend departments, agencies and the geographical boundaries of the individual communities. ARTICLE III. DEFINITION OF TERMS Section 1. For purposes of these bylaws, the terms defined in this article shall have the meanings given them. _ Section 2. "Local unit of government" shall mean any local governmental unit from within Hennepin County which is a party to the joint resolution, but shall not include a public authority, a school district, an improve ment district or other special district. Section 3. "Member" means a local governmental unit which executes a joint resolution declaring its intent to participate. -2- Section 4. Representative .means an individual serving on the Hen- nepin County Criminal Justice Coordinating Council on behalf of eligible member units which enter into the joint resolution. "Representative" also means an individual serving on behalf of any private sector agency, organization and /or association related to or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any special departments or offices as designated in these bylaws. Section 5. "Hennepin County Criminal Justice Coordinating Council", which organization is hereafter referred to as HCCJCC, means the organi- zation created pursuant to the joint resolution of participation. Section 6. "Council" means the collective member representatives who shall serve as the governing body of the HCCJCC. • IV. MEMBERSHIP Section 1. Any local unit of government in Hennepin County is elig- ible for membership in and representation on the HCCJCC. Also, as provided in these bylaws, private sector agencies and /or associations related to or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any specially designated depart- ments or offices, are eligible for representation on the HCCJCC. Section 2. Any local unit of government desiring to become a member of the HCCJCC may do so by the duly authorized execution of a copy of the joint resolution by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file an exe- cuted copy of the joint resolution with the Hennepin County Administrator. RESOLUTION NO. -3- Section 3. Any suburban local unit of government desiring to become a member of the HCCJCC shall execute a joint resolution of participation' and those same units of government which execute such resolutions shall jointly have the following representation on the HCCJCC: -- four individuals, either mayors or members of sub - urban city councils, elected, through mailed nomi- nations and ballots, by the mayors and mem- bers of participating suburban local units of gov- ernment; -- two suburban city managers /administrators selected by the Hennepin County members of the Metropolitan Area Managers Association; and -- two suburban police chiefs /public safety directors selected by the Hennepin County members of the Hennepin County Chiefs of Police Association. Section 4. Upon execution of a joint resolution of participation, the city of Minneapolis shall have the following representation on the HCCJCC: -- the Mayor of the city of Minneapolis or his designee; -- the Minneapolis City Coordinator or his designee; -- the President or another member of the Minneapolis City Council; -- the Chief of the Minneapolis Police Department or his designee; -- the Minneapolis City Attorney or his designee; and -- a community representative selected by the Minneapolis City Council. Section 5. Upon execution of a joint resolution of participation, the county of Hennepin shall have the following.representation on the HCCJCC: -- the Chairman or another member of the Hennepin County Board of Commissioners; the Hennepin County Administrator or his designee; -- the Hennepin County Attorney or his designee;: - the Chief Judge of the Hennepin County District Court or his designee; -- the Chief Judge of the Hennepin County Municipal Court or his designee; the Hennepin County Public Defender or his designee, - the Hennepin County Sheriff or his designee; and the Director of the Hennepin County Department of Court Services or his designee: Section 6. In February of 1977 and each odd numbered year thereafter, the HCCJCC shall select four private sector agencies, organizations and /or associations for representation on the Council. Such agencies, organiza- tions and /or associations must have a direct relationship to the provi- sion of criminal justice services in Hennepin County. When selected, these, private sector agencies, organizations and/or associations will be notified by the officers of the HCCJCC of their eli- gibility for representation and requested to nominate representatives. Upon notification, they shall specify their nomination for representation on the HCCJCC and, when accepted by the Council, shall be entitled to full voting privileges. Section 7. The HCCJCC is duly established when the joint resolution has been executed by the county of Hennepin, the city of Minneapolis and any number of municipalities in the county which, together with the city Tl­ RESOLUTION NO. - 5 - of Minneapolis, contain at least one half of the population of the county and when executed copies from such governmental units have been filed as set out herein. Section 8. The initial members shall be those local units of gov- ernment which execute a joint resolution of participation on or before February 1, 1977. Governmental units wishing to join the HCCJCC after February.l, 1977, may do so only upon the execution and filing of a joint resolution of participation as set out herein. ARTICLE V. GOVERNING BODY Section 1. The governing body of-the HCCJCC shall be the Council. Each representative on the Council shall be entitled to one vote. Section 2. During the conduct of normal Council business or activ- ities, representatives shall serve without compensation from the HCCJCC; but this shall not prevent a representative from receiving compensation for'such expenses as are incurred from his appointing authority. Section 3. A majority of the representatives shall constitute a" quorum of the Council. Section 4. There shall be no voting by proxy, but each representative will be entitled to designate one alternate who shell be entitled to at- tend meetings from time to time, but may not vote in the absence of the designated representative. Section 5. Representatives shall serve at the pleasure of the ap- pointing authority. Section 6. Three consecutive absences without good cause shall be sufficient reason for the Council to find a vacancy exists in the term of the representative involved. The Council shall first notify the representative of his pending termation and, if necessary, the appoint- ing authority for the purpose of requesting the appointment of a new representative. Section 7. Vacancies on the Council shall occur when the represen- tative ceases to hold the position which entitled him/her to representation or for other reasons which shall prohibit the representative from attend- ing duly called meetings of the Council. In the event such a vacancy i occurs, the appointing authority shall be notified and the Council shall request the appointment of a new representative. ARTICLE VI. MEETINGS AND OFFICERS Section 1. Within thirty (30) days after the filing of the required number of joint resolutions of participation as set out herein, the first meeting of the HCCJCC shall be called and shall be held not later than fifteen (15) days thereafter. Section 2. At the first meeting of the Council and in February of each odd numbered year after 1977, the Council shall elect from its mem- bership two co- chairmen and a vice- chairman. The officers shall be elected officials from Hennepin County, the city of Minneapolis and a participating suburban local unit of government. Section 3. The Council shall have an Executive Committee consisting of the Council officers and two other representatives elected by the RESOLUTION NO. �.. -7- Council for a term of two years. The Council may delegate authority to the Executive Committee to meet on its behalf between Council meetings. Such delegation of authority shall be by resolution of the Council and may be conditioned in such manner as the Council may deem. Section 4. The Executive Committee shall have the authority to: a. Develop administrative policies and procedures for recommenda- tion to the Council b. Develop revisions to these bylaws and policy statements for recommendation to the Council. c. Act as required on those matters which, because of time, must be decided upon between Council meetings. Prior notice will be provided to all Council members advising them of the subject on which such action is contemplated. d. Report actions to the Council as soon as possible, but in no event later than the first Council meeting subsequent to the Executive Committee meeting. e. Council representatives shall be advised of the date, time and location of all Executive Committee meetings. Section 5. Regular public meetings of the Council shal be held at Least quarterly. Section 6. Special meetings of the Council may be called (a) by the Co- chairmen, (b) by the Executive Committee or (c) upon the written request of a majority of the representatives. 'Five days written notice of special meetings shall be given to the representatives and such notice shall in- clude the agenda for the special meeting. fil 8 i Section 7. Notice of regular meetings of the Council shall be given to the representatives at least ten (10) days in advance and the agenda for such meetings shall accompany the notice; however, business at regular meetings of the Council need not be limited to matters set forth in the agenda. Section 8. Complete and accurate minutes of each meeting of this Council shall be maintained and copies of said minutes shall be transmitted to the legal address of each Council representative prior to the next meeting of the Council. Upon approval and adoption of these minutes, a copy of same shall be transmitted within ten (10) days to all members and other official bodies as appropriate. Section 9. Robert's Rules of Order Newly Revised shall govern the proceedings at meetings of this Council in all matters not otherwise gov- erned by these bylaws, ARTICLE VII. POWERS AND DUTIES Section 1. The powers and duties of the Council shall include the powers set forth in this article. Section 2. The Council may appoint such subcommittees, committees and task forces as it deems necessary: Membership on committees and task 'forces may be drawn from Council members and representatives as well as from other public and private sector agencies, organizations and associ- ations. Section 3. When - requested'by the Council, and authorized by the Hen- nepin County Board of Commissioners, the Council may apply for donations, RESOLUTION NO. - 9 - gifts or grants of money or other property from the state or federal gov- ernment or any other governmental units, or individuals, foundations or other organizations, to perform other work or activities deemed to be consistent with the scope of these bylaws. The Council may accept such aid through or with the authorization of the Hennepin County Board of Commissioners as expressed by their resolution. Section 4. The Council may study, or cause to be studied, problems or subjects relating to the provision of criminal justice services within Hennepin_ County. Section 5. The Council may advise and aid in the establishment of coordinated and cooperative criminal justice services and programs within Hennepin County. Section 6. The Council may render advice and technical assistance upon request to governmental units and agencies in Hennepin County, es- pecially in areas of an interagency or intergovernmental nature. Section 7. The Council may develop and make recommendations to local units of government and criminal justice agencies for the purposes of improving the quality and delivery of criminal justice services in Hen - nepin County. Section 8. The Council may analyze and cause to be published vari- ous statistical studies and other reports on matters related to the crimi- nal justice system in Hennepin County. Section 9. The Council shall function as the Law Enforcement Assis- tance Administration (LEAH) criminal justice coordinating council for - 10 - units of government within Hennepin County and shall carry out those duties and responsibilities as provided for in the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90 -351), and acts amendatory thereto, in cooperation with the Governor's Commission on Crime Prevention and Control. Section 10. No action of the Council shall bind or alter the power and authority of any local unit of government or agency in Hennepin County. Further, nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the participating units of government or as constituting the HCCJCC as the agent or representative of any participating units of government for any purpose except when specifically requested to function as such for those purposes as provided herein. The participating local units of gov- ernment are to be and shall remain independent units of government with respect to all services performed under the authorizing joint resolution and these bylaws ARTICLE VIII. STAFF AND SUPPORTIVE SERVICES Section 1. Staffing and supportive services for normal Council busi- ness and activities will be provided by Hennepin County and, accordingly Hennepin County shall be responsible for the selection, employment, super- vision and dismissal of all employees serving the Council. Hennepin County will consult with the HCCJCC Executive Committee on matters rela- ting to the selection and retention of the staff supervisor. • RESOLUTION NO. f.� Section 2. To assist in providing this service, Hennepin County will apply for, accept and function as auditor and controller of funding made avialable under the Omnibus Crime Control and Safe Streets Act of 1968, and any acts amendatory thereto, from the Minnesota Governor's Commission on Crime Prevention and Control and any other appropriate private or pub- lic, local, state or federal sources. Hennepin County shall provide the share of matching funds necessary to qualify for such planning grant ap- plications except for those grants wherein matching funds are required for special projects which benefit or are unique to one or more partici- pating members, but not all participating members, in which instances local match requirements shall be the responsibility of the benefited members. • Section 3. The responsibilities of the staff to the Council shall be those activities necessary to assist the Council in fulfilling the powers and duties outlined in these bylaws, primarily those duties and responsibilities associated with the conduct of LEAA programs within Hen nepin County. • Section 4. As provided in Section 2 of this Article and Article VII, Section 3, of these bylaws, the Council may retain special staff and sup- portive services to perform other work and activities deemed to be con- sistent with these bylaws. ARTICLE IX. WITHDRAWAL, DISSOLUTION AND DURATION Section 1. Any member may, at any time, by resolution of its govern- ing body, give written notice of withdrawal from the HCCJCC. Actual . F - 12 - withdrawal shall not take effect for a period of thirty (30) days from the date that the written notice of withdrawal has been received by the HCCJCC. Section,2. The Council shall be dissolved (a) whenever a sufficient number of members, excepting Hennepin County, withdraw from the Council to reduce the total number of members to a level wherein the remaining j members do not represent at least one half of the county population; (b) by two - thirds vote of all the representatives on the Council_; or (c) by resolution.of the Hennepin County Board of Commissioners. If dissolution occurs per the provisions of this section, the Council must notify its current members of its intent to dissolve and also must continue to pro- I vide services to its members for at least sixty (60) days from said notice of intent to dissolve. Section 3. In the event of dissolution of the HCCJCC, any property acquired as the result of the activities of the Council and any surplus monies shall be returned consistent with the provisions of federal and state laws in proportion to the contributions of the parties executing joint resolutions after the purposes of the resolution have been completed. Section 4. The joint resolution authorizing the establishment of the HCCJCC shall continue in effect initially for one year and shall be conclusively deemed to have been renewed by the participants each year thereafter until terminated in accordance with the terms of these bylaws ARTICLE X. AMENDMENTS Amendments to these bylaws may be proposed by any member, member representative or specially selected representative. Such proposed i I �I RESOLUTION NO. 24 13 - amendment shall be submitted in writing to every member_ and representative at least thirty (30) days prior to the time it appears on the agenda of a Council meeting. Proposed amendments must be approved at the Council meet- ing by the number of votes equal to a two - thirds majority of the number of voting representatives. Before any amendment so approved by the Coun- cil representatives shall be in force and effect, it shall be subject to the approval of -a two - thirds majority of the members, including- the county of Hennepin and the city of Minneapolis. 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 APPROVING HENNEPIN EMERGENCY COMMUNICATIONS ORGANIZATION JOINT POWERS AGREEMENT WHEREAS, on April 21, 1975 the City Council adopted Resolution No. 75 -82 authorizing participation in the planning of an enhanced County -wide public safety communications system including 'the "911" emergency telephone reporting component; and WHEREAS, on June 14, 1976 the City Council adopted Resolution No. 76 -78 approving a joint powers organization creating an organization to be known as Hennepin Emergency Communications Organization (HECO); and WHEREAS, the approval contained in Resolution No. 76 -78 expired by virtue of the inability of the Hennepin County Sheriff -to execute - the joint powers agreement; and WHEREAS, 'the joint powers agreement has been revised - to a format in which the Hennepin County Sheriff's execution of the agreement is not required: NOW, THEREFORE, BE IT RESOLVED by - the City Council of the City of Brooklyn Center to approve Brooklyn Center's participation in - the joint powers organization and to authorize the Mayor and City Manager to execute the joint and cooperative agree - ment creating the Hennepin Emergency Communications Organization. BE IT FURTHER RESOLVED that under - the - terms of the proposed agreement City Manager Donald Poss is hereby appointed as Brooklyn Center Director - to - the organiza- tion and Deputy Chief of Police James Lindsay is appointed as alternate Director. Date Mayor ATTEST: Clerk The motion for the adoption of - the foregoing resolution was duly seconded by member and upon vote being -taken thereon, the following voted in favor - thereof: and the following voted against the same: t whereupon said resolution was declared duly passed and adopted. - F� Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION COMMENDING SERGEANT RAYMOND BEACH OF THE BROOKLYN CENTER POLICE DEPARTMENT WHEREAS, the City Council recognizes the growing complexities of law enforcement; and WHEREAS, the City Council has demonstrated its endorsement of programs designed to upgrade the educational training levels of all City employees; and WHEREAS, the City Council has instituted an employee training program and a Police Department college incentive program; and WHEREAS, Sergeant Raymond Beach has had the foresight, determination, and 'ability to utilize his own initiative in these programs toward the achievement of a degree from St. Cloud State University. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to publicly commend Sergeant Raymond Beach for his achievement of a Bachelor of Arts from St. Cloud State University on November 19, 1976. 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 AMENDING THE 1976 GENERAL FUND BUDGET WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, on October 6, 1975, when the City Council adopted the 1976 Budget, salaries and wages for City employees had not been set; and WHEREAS, the City Council did appropriate funds for departmental labor in the amount of $150,000 to Unallocated Departmental Labor to provide: funds for final salary and wage settlements; and WHEREAS, on March 22, 1976, the City Council did adopt Resolution No. 76 -51 which transferred $92,418 from the Unallocated Departmental Labor Appropriation to various departmental appropriations to fund salary and wage adjustments for employees who are members of Local No. 49, International Union of Operating Engineers and nonorganized City employees; and WHEREAS, on December 6, 1976, the City Council did adopt Resolution No. 76 -171 which authorized the Mayor and City Manager to execute a labor agreement with the Teamsters Public and Law Enforcement Employees Union, Local No. 320 which adjusted 1976 salaries and benefits of the organized Police Department employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1976 General Fund Budget be amended as follows t Transfer $34,600 from the Unallocated Departmental Labor Appropriation (Account No. 01- 4100 - 000 -81) to the following Police Department appropriations in the amounts shown: Salaries, Regular Employees (01 -4100- 000 -31) $29,800 Hospitalization Insurance (01- 4151 - 000 -31) 4,800 Date Mayor ATTEST. Clerk 2 RESOLUTION NO. 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 AMENDING THE 1976 GENERAL FUND BUDGET WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, on January 1, 1974, unemployment compensation benefits were `firstextended to public employees of political subdivisions of the State of Minnesota under amendments to the Minnesota Employment Services Law enacted by the 1973 State Legislature; and WHEREAS, the amount of $10,486 is due and payable to the Department of Employment Services for unemployment benefits chargeable to the City during the calendar year 1976; and WHEREAS, chargeable costs in the amount of $588 are attributable to the Liquor Stores Fund (an enterprise fund) , chargeable costs in the amount of $1,944 are attributable to the Public Utilities Fund (an enterprise fund), and chargeable costs in the amount of $7,954 are chargeable to the General Fund (a budgeted fund); and WHEREAS, appropriations were not made to individual City operating ' departments in the 1976 budget for the cost of unemployment benefits because no experience had been accumulated as a basis for estimating such cost; and WHEREAS, the City Council did appropriate funds in total for the cost of unemployment benefits within the Unallocated Departmental Labor budget NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1976 General Fund Budget be amended to transfer the amount of $7,954 from the Unallocated Departmental Labor Appropriation (Account No. 01- .4100- 000 -81) to the following departmental appropriations in the amounts shown: Government Buildings Maintenance Unemployment Compensation (Account No. 01 -4156- 000 -19) $1,557 Street Construction & Maintenance Unemployment Compensation (Account No. 01 -4156- 000 -42) 1,124 Police Protection Unemployment Compensation (Account No. 01- 4156 - 000 -31) 515 Recreation and Park Supervision • Unemployment Compensation (Account No. 01-4156-000-61) 3,613 RESOLUTION NO. ct? Engineering Unemployment Compensation (Account No. 01 -4156- 000 -41) 204 Park Maintenance . Unemployment Compensation (Account No. 01- 4156 - 000 -69) 941 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 AMENDING THE 1,976 GENERAL FUND BUDGET WHEREAS,- Section 7.08 of the City Charter does provide for the increase of a budget appropriation_ by the City Council if the actual receipts exceed the estimates; and WHEREAS, the Comprehensive Employment Act (CETA) does provide federal financing to create temporary public service jobs to the unemployed; and " WHEREAS, on October 6, 1975, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1976; and WHEREAS, said budget did authorize the creation of certain CETA positions; and WHEREAS, said budget was amended on December 22, 1975 to authorize additional CETA positions; and WHEREAS, said budget appropriated funds for only six months of 1976 • operations because federal financing was scheduled to end on June 30, 1976; and WHEREAS, the City was subsequently notified that CETA federal funding was extended for the balance of 1976. BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to amend the 1976 General Fund Budget appropriations for salaries, Regular Employees (Object #4100) by increasing, by the amounts listed, the following department appropriations to provide funding for the six months period not previously funded; POSITION (NO.) DEPARTMENT DEPT NO. AMOUNT Accounting Assistant (1) Finance 16 $ 4,998 _ Custodian (4) Government Buildings 19 19,992 Patrol Officer (1) Police Protection 31 4,998 Clerk III (1/2) Police Protection 31 1,815 Clerk III (1/2) Planning & Inspection 33 1,815 Inspection Aid (1/2) Planning & Inspection 33 2,055 Engineering Aid I (1 -1/2) Engineering 41 6,165 Landscape Technician (1) Recreation & Park Supv. 61 4,998 $46,836 ` BE IT FURTHER RESOLVED to amend the 1976 General Fund Budget • Appropriations for hospitalization insurance (Object #4151) and life insurance (Object #4152) by increasing, by the amounts listed, the following department appropriations to provide funding for the six months period not previously funded: RESOLUTION NO. . DEPARTMENT DEPT. NO. HOSPITALIZATION LIFE Finance 16 $ 240 $ 15 Government Buildings 19 960 60 Police Protection 31 120 8 Planning & Inspection 33 240 15 Engineering 41 360 23 Recreation & Park Supv. 61 240 15 $2,160 $136 BE IT FURTHER RESOLVED that the source of financing for the additional appropriations in the amount of $49,132 will be the Federal CETA Grant. 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 AMENDING THE 1 976 GENERAL FUND BUDGET WHEREAS Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a past of the General Fund Budget and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Section 7.08 of the City Charter does also provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1976 General Fund Budget be amended as follows: 1. Transfer $43,122 from the Contingency Appropriation (Account #01 -4995- 000 -82) to the following departmental appropriations in the amounts shown. Independent Auditing (Dept. #17) $ 3,622 w.. _ Legal Counsel (Dept. #18) 37,000 Health Regulation & Inspection (Dept. #51) 500 Children's Programs (Dept. #64) 2,000 2. Increase the appropriations for the following departments In the amount listed for the reason that the actual receipts from the activity exceeded the budget revenue estimate by at least 'the amount o f of the appropriation e incr a e e s Park & Recreation (Adult Programs, Dept #62) $14,000 Park & Recreation (Community Center, Dept. #66) 12,000 Date Mayor ;- ATTEST Clerk i RESOLUTION NO. • The motion for the - adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. f E k 17 Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; 'and WHEREAS, the Comprehensive Employment Training Act (CETA) does provide federal financing to create temporary public service jobs to the unemployed; and WHEREAS, the Detached Worker program in Brooklyn Center is provided through contract with the YMCA and is jointly - funded -by the City of Brooklyn Center, Brooklyn Center business firms, and various agencies; and WHEREAS, on October 6, 1975, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1976; and WHEREAS, said budget was amended on December 22, 1975 to authorize an additional Detached Worker and one one -half time Detached' Worker to be financed from Federal CETA funds for six months of the calendar year 1976; and WHEREAS, said budget appropriated funds for only six months of 1976 operations because federal financing was scheduled to end on June 30, 1976; and WHEREAS, the City was subsequently notified that CETA federal funding was extended for the balance of 1976: BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to amend the 1976 General Fund Budget by increasing the Professional Services Appropriation, Detached Worker Program in the amount of $16, 000 to be financed through Federal CETA grants. 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. ."�:'.. "._ SA iy�•. '.....�a!- . raerWwa.� - t... ..r�rww+rmr^ -'.. .. -,. ,. ..m ,.. ..... ,,;,mu.�,,. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO-TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make permanent transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of related covenants, the provisions of,the City Charter, or State Statute; and WHEREAS, on October 6, 1975, the City Council adopted Resolution No. 75 -194 which approved the 1976 Annual Budget for the City and encumbered FEDERAL REVENUE SHARING funds in the amount of $173,519.00 to be transferred to the GENERAL FUND subsequent to the expenditure of funds by the GENERAL FUND for appropriations in said 1976 Annual Budget; and WHEREAS, on January 26, 1976, April 5, 1976, June 14, 1976, and June 28, 1976, the City Council adopted Resolutions numbered 76 76 -57, 76 -77, and 76 -86, respectively, which amended the 1976 Annual Budget for the City and encumbered FEDERAL REVENUE SHARING funds in the total amount of $36,182.00' �- to be transferred to the GENERAL FUND subsequent to the expenditure of funds by the GENERAL FUND for appropriations in said 1976 Annual Budget; and WHEREAS, on June 28, 1976, the Council authorized reimbursements of expenditures made through that date in the amount of $48,298.46; and WHEREAS, certain expenditures have been made from the GENERAL FUND since those previously reimbursed, and they are as follows: Date Voucher No. Amount Vendor Pur ose 2 -24 -76 055684 $ 140.20 Crystal Electric Sander Grinder 6 -14 -76 166651 95.00 Crystal Electric Hammer Drill 7 -26 -76 208151 93.00 GTC Auto Parts Offset Drill 2 -9 -76 040151 92.76 GTC Auto Parts Transmission Tool Kit 10 -25 -76 299151 71.44 GTC Auto Parts Air Cond. Kit I1 -22 -76 327698 1,203.14 Tonka Equip. Co. Caustic Soda Pump 6 -14 -76 166065 2,280.00 Crown Iron Works Outfield Fencing 2 - - 76 055686 1,470.00 Midwest Tank 2,000 gal. Water Tank GRANDVIEW PARK FOOTBALL FIELD IMPROVEMENTS 6 -28 -76 180004 8.14 Advance Irrigation Fittings 7 -26 -76 208004 920.63 Advance Irrigation Irrigation Controller 11 -22 -76 327004 54.66 Advance Irrigation Fittings 11 -22 -76 327651< 1,431.10 Anoka Turkey Farm Sod 11 -22 -76 327048 912.00 B. A. Begin & Sons Black Dirt 6 -14 -76 166040 8.98 Budget Power Fittings RESOLUTION NO. • Date Voucher No. Amount Vendor Purpose 8 -9 -76 222040 $ 4.31 Budget Power Electrical Supplies 6 -14 -76 166684 85.00 Central Rental Trencher Rental 7 -26 -76 208655 301.20 Lindsay Bros. Pipes & Fittings 6 -14 -76 166368 20.53 Nott Company Hose Clamp 12 -13 -76 348368 13.60 Nott Company Hose Clamp 7 -26 =76 208658 213.85 E.H. Renner & Sons Pump Repair . 6 -14 -76 166071 .35 CBC Petty Cash 3,974.35 6- 14 -76 166021 199.00 Addo X Agency, ,Inc. (1) Calculator 4 =19 -76 11`7777 185.00 Bell & Howell Micro Reader 8 -9 -76 222128 96.90 Farwell /Ozum & Kirk Viser 12 -13 -76 348693 1,350.00 Buddlfson Supply l Floor Scrubber 1 -26 -76 026701 295.00 Dictation Systems Transcriber 8 -23 -76 236605 183.00 Doc "E" Monitor Radio 8 -23 -76 236605 56.00 Doc "Ell Monitor Crystals 10 -25 -76 299024 485.00 Air Comm Improve Radio Console 3 -8 -76 068288 160.75 Law Enforcement Equipment Co. (5) Gun Locks 2 -24 -76 055679 110.00 Word Processing Center Used Dictator 2 -24 -76 055665 172.50 Northland Electric Electrical Cord 11 -22 -76 327679 1,000.00 Nardini Fire Equip. Light Water, 100 gal. 10 -25 -76 299005 42.00 Akins Fire Equip. _ 1 pr. Rubber Boots 7 -26 -76 208063 508.50 C.F. Coyer Assoc. (6) Fireman's Coats 4 -12 -76 103063 168.00 C.F. Coyer Assoc. Flexible Air Duct 10 -12 -76 286063 986.40 C.F. Coyer Assoc. (2) Ground Ladders 5 -24 -76 145766 55.55 DC Sales Company CO2 'Tester 8 -9 -76 222684 1,238.20 E. F. Johnson - (2) 2 way Radios 12 -13 -76 348656 1,238.20 E. F. Johnson (2) 2 way Radios 11 -29 -76 348205 3,884.00 Itaska Equip. Co. Material Spreader 11 -5 -76 310652 26,443.78 Freeway Ford (2) Trucks & Dump Boxes 10 -25 -76 299672 30.93 Reeds Sales Service Tap & Die Set 4 -12 -76 103677 178.64 Reeds Sales Service "Tire Spreader 4 -12 -76 103677 125.32 Reeds Sales Service Wheel Balancer 4 -12 -76 103677 70.00 Reeds Sales Service Metal Shear 11 -8 -76 313667 90.00 Reeds Sales Service Floor Tack 6 -14 -76 166655 274.95 Reeds Sales Service Weed Eater STREET SEAL COATING 9 -27 -76 271652 8,774.50 Bryon Dresser Trap Material 12 -13 -76 348454 63.75 Richards Oil Co. Material 11 -8 -76 313454 525.50 Richards Oil Co.' Material 10 -12 -76 286454 9,685.24 Richards Oil Co. Material 9 -27 -76 271454 5,228.01 Richards Oil Co. Material 9 -13 -76 257454 9,330.96 Richards Oil Co. Material RESOLUTION NO Date Voucher No. Amount Vendor Purpose 8 -23 -76 236612 $ 11,539.38 Richards Oil Co. Material 7 -26 -76 20865.9 3,203.96 Richards Oil Co. Material 7 -12 -76 194716 10,070.70 Richards Oil Co. Material 11 -8 -76 313028 619.16. Barton Contracting Material 9 -13 -76 257028 1,961.38 Barton Contracting Material 8 -23 -76 "236028 92.34 ` Barton Contracting Material 4- 12 -76 103028 1,860.72 Barton Contracting Material 2 -24 -76 055028` 2,187.60 Barton Contracting Material 2 -9 -76 040028 479.45 Barton Contracting Material 10 -12 -76 286028 737.26 $ 661359.91 $115,407.42 BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to transfer the amount of $115,407.42 from the FEDERAL REVENUE SHARING FUND to the GENERAL FUND. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by " member , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET` WHEREAS, the City Council appropriated $10, 000 in the 1976 General Fund Budget for the purpose of purchasing microfilming equipment necessary to implement a City government records microfilming program; and WHEREAS, because of the recent availability of LOGIS Computer Output Microfilm (COM) which added new dimension to the microfilming planning, the planning phase of the program was not completed during 1976; and WHEREAS, since the planning phase was not completed, it was not possible { to purchase relevant equipment prior to the expiration of the 1976 budget; and WHEREAS, Section 7.08 of the City Charter authorizes the City Council to appropriate funds from unappropriated surplus in an amount equal to a previous appropriation if not in fact expended or encumbered for that. purpose in the previous fiscal year. BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget to increase the City Manager's Office (Dept. #13) Office Furnishings and Equipment appropriation (Object #4551) by $9,815 to provide for the balance of microfilm equipment to be purchased; and BE IT FURTHER RESOLVED that said appropriation be funded from unappropriated surplus. 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. k ` Member introduced the following resolution and -moved its adoption; RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS, the Comprehensive Employment Training Act (CETA) does provide federal financing to create temporary public service jobs to the unemployed; and WHEREAS, on October 4, 1976, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1977; and WHEREAS, at the time of the adoption of the 1977; Budget, the Federal CETA program was scheduled to end prior to December 31, 1976; and WHEREAS,' therefore no CETA positions were authorized or funded in the 1977 Budget; and WHEREAS, the City was subsequently notified that federal CETA funding had been extended through March 31, 1977; and l WHEREAS, on December 6, 1976, the City Council did adopt a schedule of positions and maximum salaries and wages for the year 1977; and WHEREAS, said schedule did include the following CETA positions: POSITION NUMBER AUTHORIZED DEPARTMENT Accounting Assistant (CETA) 1 Finance Building Maintenance (CETA) 4 Government Buildings Clerk III (CETA) 1/2 Police Clerk III (CETA) 1/2 Planning & Inspection Engineering Aid I. (CETA) 2 Engineering Landscape Technician (CETA) I Parks & Recreation Inspection Aid (CETA) 1 Planning & Inspection; and WHEREAS, the positions' of Inspection Aid, Department of Planning & Inspection (included above)', and one Inspection Aid, Department of Engineering (included above), were funded from other sources in the 1977 Budget because of the apparent inavailability of Federal CETA funds: �"� �" .sa,.. ..� ::z " ° ,,. ..,- tit yp.y.wx ,>.a.a. � "4R*: "• m. -„�. RESOLUTION NO.. BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget to include said positions and to g P y increase the.departmental budget appropriations to fund those, positions for a three month period to end March 31 1977 as follows: SALARIES, HOSPITALIZATION LIFE REGULAR EMPLOYEES INSURANCE INSURANCE DEPARTMENT (OBJECT NO. 4100) (OBJECT NO. 41511 (OBJECT NO. 4152) Finance $ 2,499 $ 150 $ 8 Building Maintenance 9,996 600 32` Police 1,007 75 4 Planning & Inspection 1,006 75 4 Engineering 2,169 150 8 Recreation & Park Supervision 2,499 150 8 $19,I76 $1,200 $64 and BE IT FURTHER RESOLVED that the source of funding for the additional appropriations in the amount of $20,440 shall be the Federal CETA grant. 4 Date Mayor ATTEST Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: - and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced - the following resolution and moved its adoption: RESOLUTION NO RESOLUTION ACCEPTING BID FOR ONE (1) RESCUE VEHICLE MINI /PUMPER WHEREAS, - the City Manager and the Fire Chief have reported 'that on Tuesday, December 14, 1976 at 11:00 a.m. they opened and - tabulated bids received for furnish- ing and delivery of one rescue vehicle mini /pumper and - that said bids were as follows: Total Bid Price Bidder Including Options Emergency One, Inc. $24,269.00 Mid- Central Fire & Safety Co. 27,562.00 Pierce Mfg., Inc. 31, 504.00 NOW, THEREFORE, BE IT RESOLVED by - the City Council of - the City of Brooklyn Center that the bid of Emergency One, Inc. in the amount of $24,269 for furnishing and delivering one rescue vehicle mini /pumper in accordance with - the specifications is deemed - to be the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayon ATTEST: Clerk The motion for - the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken - thereon, - the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r r Member introduced the following 'resolution and moved its adoption RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS, the Comprehensive Employment Training Act (CETA) does provide federal financing to create temporary public service jobs to the unemployed; and WHEREAS, the Detached Worker program in Brooklyn Center is provided through contract with the YMCA and is jointly funded by the City of Brooklyn Center, Brooklyn Center business firms, and various agencies; and WHEREAS, on October 4, 1976, the City Council of the City ` of Brooklyn Center adopted a budget for the calendar year 1977; and WHEREAS at the time of the adoption of the 1977 Budget, the Federal CETA program was scheduled to end prior to December 31 , 1976; and ' WHEREAS, therefore no CETA positions. were authorized or funded in the 1977 Budget; and WHEREAS, the City was subsequently notified that federal CETA funding had been extended through March 31, 1977: BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget by increasing the Professional Services Appropriation, Detached Worker Program in the amount of $6,000 to fund one full -time and one one -half time Detached Worker positions for a three month period to end March 31, 1977; and BE IT FURTHER RESOLVED that the source of funding for the additional appropriations in the amount, of $6, 000 shall be the Federal CETA grants Date Mayor ATTEST: Clerk r RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted` against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER l ORDINANCE NO. AN ORDINANCE GRANTING FRANCHISE RIGHTS AND PERMISSION TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF BROOKLYN CENTER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 9 of the City Ordinances is hereby amended by the repeal of the following: [ Section 9 -201. GRANT OF AUTHORITY. That there be and hereby is M granted to Northern States Power Company, a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company ", during the period of twenty (20) years from the date hereof, the right and privilege of erecting, installing, enlarging, operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys, and public grounds of said Village electric transmission lines and an electric distribution system, including all poles, pole lines masts, wires, cables, lamps, transformers, and other fixtures and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power, and other purposes for public and private use in and to said Village and the inhabitants thereof, and others, and for the purpose of transmitting into and through said Village such electric energy, provided that such transmission lines and electric distribution system shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets and alleys, and provided that Company, in the erection, installation, enlargement, operation, repair, and maintenance of such poles, pole lines, masts, wires, cables, lamps, transformers, and other fixtures and appurtenances, shall be subject to such reasonable regulations as may be imposed by the Village Council.] r Section 9 -202. EXTENSION OF SERVICE AND RATES. Company agrees to maintain and operate efficiently its electric system in the Village during the term hereof, to provide adequate service to its present customers and to make reasonable extensions of its lines for the purpose of serving new customers when the revenue therefrom justifies the expense to Company of making the necessary extension.] [Because the Village limits as now constituted are within the Minneapolis metropolitan area, Company agrees that the rates for electric service therein shall be reasonable and shall not exceed the Company's standard schedule of rates and minimum charges effective in the City of Minneapolis However, in the event of the imposition of local license fees, taxes on earnings or other similar Village charges or regulations, the Company shall then have the right to revise its electric rates to offset any resultant increase in the cost of doing business.] ORDINANCE NO. ( Section 9 -203. AUTHORITY TO TRIM TREES. There is also granted to Company during the term hereof, permission and authority to trim all trees and • shrubs in the streets, alleys, and public grounds of said Village interfering with the proper erection, installation, enlargement, operation, repair, and maintenance of any poles, pole lines, masts, wires, cables, lamps, transformers, or any other fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said Village harmless from any liability in the premises.] [ Section 9 -204. RESTRICTION UPON AUTHORITY. Nothing in this Ordinance contained shall be construed as giving to Company any exclusive privilege, in, on, over, under, or across the streets, alleys, or public grounds: of said Village.] ( Section 9 -205. ASSIGNMENT OF AUTHORITY. Company shall have full right and authority to assign to any person, persons, firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assignment shall become subject to the terms and provisions of this Ordinance.] [ Section 9 -206. ACCEPTANCE. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the franchise rights hereby granted with the Village Clerk within ninety (90) days from the date of the publication of this Ordinance.] { Section 9 -207. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication, as provided by law.] [ Section 9 -208. REPEALS. All ordinances and parts of ordinances in conflict herewith are hereby repealed.] Section 2: Chapter 9 of the City Ordinances is hereby, amended by addition of the following: Section 9 -201. GRANT Subdivision 1 There shall be and hereby is granted to Northern States Power Company, a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company ", during the period of twenty (20) years from the effective date hereof, the right and privilege of constructing according to specifically approved permits, operating, repairing, and maintaining, in, on, over, under,- and across the streets alleys, and public ways of the City of Brooklyn Center, hereinafter referred tows "Municipality ", an electric distribution system and electric transmission lines including poles, pole lines, conduits, and fixtures and appurtenances usually, conveniently, or necessarily used in connection therewith for the purpose of transmitting and furnishing electric energy for light; heat, power, and other purposes for public and private use in and to said Municipality and the inhabitants thereof and others, and for the purpose of transmitting into and through said Municipality such electric energy. Such electric distribution system and transmission lines shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets, alleys, and ,public ways. ORDINANCE NO. 7_6 Subdivision 2. Company, in the construction, repair, and maintenance of such poles, pole lines, conduits, and fixtures and appurtenances shall be • subject to such regulation as may be imposed by the Municipality. N in this ordinance is to be construed to modify, alter, or amend any statutory or charter power of the Municipality to regulate the use of its streets, alleys, and public ways. Section 9 -202 COMPANY RULES AND REGULATIONS. Co mpany may, from time to time, promulgate rules and regulations which are reasonably necessary in the conduct of its business. The rules and regulations may govern matters, including but not limited to, forms, contracts, extensions of service, curtailment of service, reconnection charges, billings, security depos and late payment charges, if any. Section 9 -203 RATES The rates to be charged by the Company for electric service in the Municipality shall be subject to the jurisdictio of the Minnesota Public Service Commission or to the jurisdiction of such other agency as may be designated by the Legislature of this State Section 9 -204. FRANCHISE FEE There is hereby expressly reserved to the City Council of the City of Brooklyn Center throughout the term hereof, the right by resolution to impose on the Company as full compensation for the rights hereby granted, a franchise fee not to exceed five per cent (5 %) of Company's gross revenues as hereafter defined; provided, that the amount of the franc • fee shall not exceed any amount which the Company may legally recove prior to payment to the Municipality, by imposing a surcharge equivalent to su franchise fee in its rates for electric service to customers within the Municipality. The Company shall be coven at least 60 days prior written notice of the impos of the franchise fee or any subsequent amendment thereof by registered mail addressed to its usual mailing address Said franchise fee shall become_ effectiv on revenue derived from bills based on electric meter readings taken 60 days after the Company receives the above notice from the Municipality. Said franchise fee shall be payable to Municipality semiannually, and paym shall be due on the last day of the months of July and January for the preceding six -month period "or part thereof. The term "gross revenues" means all sums, excluding said sur- charge, received by the Company from the sale of electricity within the corpo limits of the Municipality, provided that there shall be exclud from the computation of gross revenues all sums received by the Company for electricity under its rate schedules for highway lighting, municipal street l ighting , municipal water pumping, municipal traffic signals, municipal fire sirens a for municipal sewage disposal service Along with each payment the Company shall provide a statement showing the amount of its gross revenues for the preced six months as a basis for calculation of the sum of money due. Section 9 -205 FRANCHISE VALUE No value shall be assigned this , franchise in computing the valuation of the Company's property for rate regulation purposes or for eminent domain purposes. wr ORDINANCE NO. f Section 9 -206. RELOCATIONS. Subdivision 1. Whenever the Municipality initiates a public improvement which requires the removal, relocation, or rearrangement of the Company's facilities located on public streets, alleys, or grounds, the Company, upon reasonable notice by the Municipality, shall relocate its facilities without charge to the Municipality; provided, the foregoing shall not deprive the Company of any right it may have under State law to be reimbursed for any relocation, removal, or rearrangement required for the improvement or construction of a federally aided highway project; and provided further that in the event federal or state grants are made available for financing any of such public improvements requiring relocation of the Company's facilities, the Company shall be reimbursed for such relocation from federal or state funds specifically available for such relocation purposes. The foregoing shall not be construed so as to require the Municipality to reimburse the Company out of local funds for any such relocation costs_. ' Subdivision 2. The vacation of any street, alley, or public way, after t the installation of electric facilities, shall not operate to deprive the Company of the right to operate and maintain such electrical facilities until the reasonable costs of relocating the same and the loss and expense resulting from such relocation are first paid to the Company, except where the vacation is for the primary benefit of the Municipality in the furtherance of a public purpose. Section 9 -207. TREE TRIMMING. There is hereby granted to the Company, during the term hereof, permission and authority to trim all trees and shrubs in the • streets, alleys, and public ways of the Municipality which interfere with the proper construction, operation, repair, and maintenance of any poles, pole lines, conduits, and fixtures or appurtenances installed in pursuance of the authority hereby granted, provided that the Company shall save the Municipality harmless from any liability on the premises. Section 9 -208. INDEMNIFICATION. The Company shall indemnify, keep, and hold the Municipality, its officers,_ employees, and agents free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the streets, alleys, and public ways of the Municipality, unless such injury or damage is the result of the negligence of a Municipality, its employees, officers, or agents, or results from the performance in a proper manner of acts reasonably determined by the Company to be hazardous, but such performance is, nevertheless, ordered or directed by the Municipality after notice of such determination by the Company. In the event that suit shall be brought against the Municipality under circumstances where the above . agreement to indemnify applies, the Company, at its sole cost and expense, shall defend the Municipality in such suit if written notice of the suit is promptly given to the Company within a period wherein the Company is .not prejudiced by lack of such notice. If such notice is not timely given, as here and before provided, the Company shall have no duty to indemnify nor defend. If the Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but the Company may not settle such litigation without the consent of the Municipality unless the Municipality unreasonably withholds ORDINANCE NO. such consent. This section is not, as - to - third parties, a waiver of any defense or immunity otherwise available to 'the Company, and the Company in defending any action on behalf of the Municipality shall be entitled 'to assert in any such action every defense or immunity that the Municipality could assert in its own behalf. Section 9 -209. ASSIGNMENT The Company, upon notice to the Municipality, shall have - the full right and authority to assign to any person, persons, firm or corporation all 'the rights conferred upon it by 'this ordinance, provided -that the assignee of such rights, by accepting such assignment, shall become subject -to the terms and provisions of this ordinance. - Section 9 -21 SEPARABILITY. Every section, provision, or part of 'this ordinance is declared separate from every other section, provision, or part; and Y if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or pa Section 9 -211. ACCEPTANCE Company shall, if it accepts this franchise and - the rights hereby granted, file a written acceptance of the franchise rights hereby granted with - the City Clerk within ninety (90) days from - the date of the publication of 'this Ordinance. Se 9 -212. EFFECTIVE DATE. This Ordinance shall be in full force a effect fro and aft its passage and publication, as provided by law, and acceptance by Company Section 9 - PUBLICATION EXPENSE. The expense of publication of this franchise ordinance sh be paid by 'the Company. Adopted this day of 19 Mayor ATTEST- Clerk Published in the official newspaper (Brackets indicate matter to be deleted, underline indicates new matter • CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -010 is hereby amended as follows: Fee, (annual, un- less otherwise • Type of License Required by Section License Expires stated) Taxi 21 -[103] 102 Dec. 31 [10.00] 25.00 vehicle Off Sale Malt 11 -102, sub. 1 Dec. 31 [10. 001 35.00 Temporary On Sale 11-102, sub. 1 Special 10.00 /day Section 2._ This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Published in the official newspaper Effective date (Underline indicates new matter, brackets indicate matter to be deleted.) 4 CITY OF BROOKLYN CENTER • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO CERTAIN RESIDENTIAL SIDE YARD SETBACKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Section 35 -400 (3) of the City Ordinances is hereby amended to read as follows: (3) (a) Accessory buildings must be set back at least three (3) feet from an interior side lot line. f In the case of a K single family dwelling with an attached garage which is less than ten (10) feet but not less than three (3) feet from the interior side lot line, the area to the rear and contiguous to the garage may be appropriately enclosed as an expansion of the dwelling provided; the enclosed area does not exceed ten (1) per cent of the gross floor area of the dwelling; there is no entrance or exitway facing the side yard; the side yard exterior wall of the expansion does not extend beyond the respective exterior wall of the garage; and all other applicable ordinance requirements are met. PP q (b) In the case of permitted one family and two family dwellings, the dwelling may be located less than ten (10) feet, but not less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided: (1) All other yard setback requirements are met; (2) The remaining minimum ten (10) foot interior side yard, between the dwelling and the lot line, shall not be used for any accessory building; (3) The exterior wall of the dwelling, facing the interior side yard of Tess than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment. The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any appendage to the structure shall project more than one (1) foot into the minimum side yard setback. ORDINANCE NO. • () Interior side yard setback requirements may be waived in commercial and industrial districts where abutting commercial and industrial property owners wish to abut along a common wall built along the property. Section 2 This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date Published Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) i CITY OF BROOKLYN CENTER ORDINANCE NO. ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES THE CITY" COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 19 -1303 of the City Ordinances is hereby amended to read as follows: PARKING AND STORAGE With the exception of appropriately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 no person shall park, keep, place or store, or permit the parking or storage of a junk vehicle on a public street or alley or on any private lands or premises which he owns, occupies, or controls unless •the junk vehicle shall be within a building on such premises. Appropriately licensed but inoperable_ pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section 168.10 may be stored on - the owner's property provided that such vehicles are screened from public view by means of a six foot opaque fence Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted - this day of 19 Mayor ATTEST: Clerk t Date of Publication Effective Date (Underline indicates new matter.) • a CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES` RELATIVE TO REZONING CERTAIN PROPERTY FROM R -1 TO C -1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLO Section 1. Section 35 -1170 is hereby amended by the addition of the following: That part of Lot 1, Block 1, Library Terrace Addition and ` of Lot 29, Auditor's Subdivision No. 216 bounded on - the west and south by the centerline of Northport Drive; on the east by the centerline of State Highway No. 152; and on the north by a line, extending east 'to west between 'the centerline of said S'ta'te Highway and of Northport Drive, said line being parallel to and 165 feet southerly of the south property line of Lots 3 and 4, Block Northport 1st Addition Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter.) License's' to be approved by the City Council on December 20, 1976. 4 A BENCH LICENSE United States Bench Corporation 3300 Snelling yf.fr� lGr City Clerk tc CIGARETTE LICENSE A & j, Inca 7548 Stillwater Way N. 7 , Hiawatha Rubber 1700 67th Ave. N. Brookdale Motors, Inc. 2500 Cty. Rd. 10 Brooks Superette 6800 Humboldt Ave. N. Brothers Restaurant Brookdale Center 1 Dean's Vending P.O. Box 380 ; Brookdale Motel 6500 Lyndale Ave. N. i 7 Marc's Big Boy 5440 Brooklyn Blvd. le N.S.P. 4501 68th Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. -C, Service Systems Corp. Soo Line Building City Clerk , G. COMMERCIAL KENNEL LICENSE Brookdale Pet Center Brookdale Center Woolworth's 1212 Brookdale Center "� 2 City ClerkGZ • GASOLINE SERVICE STATION LICENSE /1 Brooklyn Center City Garage 2501 69th Ave. N. Brooklyn Center Shell Service 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Humboldt Avenue Service 6840 Humboldt Ave. N Ralph's Super Service 6601 Lyndale Ave. N. f Z City Clerks LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Blvd.' { S nitarian j MECHANICAL SYSTEMS LICENSE West End Air Conditioning 6408 Cambridge St - �-t-, ✓ Buil ing Inspector OFF -SALE NONINTOXICATING LIQUOR LICENSE _ Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Country Boy 4401 69th Ave. N. Brooks Superette 6800 Humboldt Ave. N. •4 W huck Wagon Inn 5220 Morgan Ave. N. Country Club Market 5715 Morgan Ave. N. �' - �'i, r. Lynbrook Bowl, Inc. - 6457 N. Lilac Drive Red Owl Store 5425 Xerxes Ave. N. / 7- Eleven 411 66th Ave. N. SuperAmerica 1901 57th Ave. N. 1L City lerk G� ON -SALE CLUB LIQUOR LICENSE p Duoos Bros. American Legion 4307 70th Ave. N City Clerk' - j ON -SALE INTOXICATING LIQUOR LICENSE Holiday Inn 1501 Freeway Blvd. t Jimmy's Lemon Tree 5540 Brooklyn Blvd. Nino's Steak Round -Up 6040 Earle Brown Dr. City Clerk �- ON -SALE INTOXICATING SUNDAY LIQUOR LICENSE i Holiday Inn 1501 Freeway Blvd. Jimmy's Leman Tree 5540 Brooklyn Blvd. zlif Nino's Steak Round -Up 6040 Earle Brown Dr. • City Clerk ON -SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Cicero's 3211 Cty. . Rd. 10 r ,r Happy Dragon 5532 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 N. Lilac Drive Taco Towne 6219 Brooklyn Blvd', a yam. City ClerkG2. RENTAL DWELLING LICENSE ' Initial: Robert Gold 7217 Camden Ave. N. .Renewal: First Wisconsin Nat'l Bank Shores Townhouses Robert & Kaylene Rolf 5401 63rd Ave. N. Jerry Jacobson & Dennis Schuette 4408 69th Ave. N. \ -A- Director of Planning and Inspection TAXICAB LICENSE qWTown Taxi Company 7440 Oxford Street z n City Clerk Member introduced - the following resolution and is moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 66 -323 AND 74 -218 SETTING FORTH CONDITIONS OF EMPLOYMENT FOR CITY MANAGER WHEREAS, on December 12, 1966 the City Council adopted Resolution No. 66 -323 appointing Donald G. Poss as City Manager and setting forth conditions of employment; and WHEREAS, on December :23 , 1974 the City Council adopted Resolution No. 74 -218 amending Resolution No. 66 -323; and WHEREAS, it is the determination of 'the City Council to further amend and update 'the City Manager's terms and conditions of employment NOW`, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend Resolution No. 66 -323 and 74 -218 by modifying the terms and conditions of employment as follows: 1. Donald G. Poss appointed City Manager effective December 12 1966 shall serve at the pleasure of the City Council. 2. Mr. Poss shall perform the duties and meet the obligations of - the position of City Manager set forth in - the City Charter and Chapter 6 of the City Ordinances. 3. The City Manager's salary shall be reviewed annually in conjunction with 'the establishment of salaries for City employees generally. the sum of $125 per month in deferred compensation shall be paid on the City Manager's behalf to - the ICMA Retirement Corporation during 1977. A. The City Manager shall be granted vacation, sick leave, and holiday benefits according to the schedule of benefits granted• other permanent employees of the City. Earned vacation days may accrue to a maximum of 50 days, provided that the City Manager uses at least 10 vacation days per year. 5. The full premium cost for family coverage under the Brooklyn Center Group Health Plan and the full premium cost for $55,000 of - term life r- insurance under the Brooklyn Center Group Life Insurance Plan shall be paid by the City on the City Manager's behalf. RESOLUTION NO. 6. The City Manager shall continue to reside within the City of Brooklyn Center. 7. In - the event of resignation, notice thereof shall be submitted in writing to the City Council at least - thirty (30) days prior - to the effective date. 8. In the event of dismissal by the City Council, the City Manager shall be notified at least - thirty (30) days in advance of the effective date of dismissal and shall be furnished a written statement of the reasons - therefor, and further, shall be granted a hearing - thereon if requested. , 9. In - the event of voluntary resignation or death, severance pay as specified in the - table below shall be paid - the City Manager or his survivors If Termination Is Effective At Amount of Severance Is Year -end 1975 34% of accumulated sick leave ._Year -end 1976 43% of accumulated sick leave Year -end 1977 52% of accumulated sick leave Year -end 1978 61% of accumulated sick leave .` Year -end 1979 or thereafter 70% of accumulated sick leave In - the event of involuntary resignation or dismissal, except for cause, severance pay as specified in - the - table below shall be paid the City Manager: If Termination Is Effective At Amount Of; Severance Is: Year -end 1975 55% of accumulated sick leave Year -end 1976 85% of accumulated sick leave July 1, 1977 or thereafter 100% of accumulated sick leave Severance pay for a termination prior to a year -end shall be pro -rated accord- ingly. The maximum amount of severance pay shall not exceed 50% of the current annual salary in effect at the time of - termination. Date Mayor ATTEST, Clerk The motion for - the adoption of - the foregoing resolution was duly seconded by member � and upon vote being - taken - thereon, the following voted in favor thereof: and the following voted against the same whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE FIXING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Effective January 1, 1978 and thereafter until legally amended the monthly salary for Councilmen shall be $ s and the monthly salary for Mayor shall be $ sqo - Section 2. This ordinance shall be effective after adoption and - thirty days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date f