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HomeMy WebLinkAbout1997 12-15 CCP Regular Session • CITY COUNCIL MEETING City of Brooklyn Center December 15, 1997 AGENDA 1. Call to Order 2. Roll Call 3. Council Report 4. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. is 1. November 10 1997 - Re ular g Session 2. November 17, 1997 - Budget Work Session 3. November 24, 1997 - Regular Session b. Approval of Application for Authorization for an Exemption from Lawful Gambling License from the Minnesota Bowhunters, Inc. C. Resolution Approving Change Order No. 3, Accepting Work Performed, and Authorizing Final Payment, Improvement Project Nos. 1996 -01, 02, and 03, Contract 1996 -B, Orchard Lane East, Street, Storm Drainage and Utility Improvements d. Resolution Accepting Work Performed and Approving Final Payment for 1997 Disease Tree Removal Program, Improvement Project No. 1997 -13, Contract 1997 -H e. Consideration of 1998 Liquor Licenses f. Pawnbroker Renewal Application Submitted by Cash -N -Pawn, 1964 57th Avenue North g. Resolution Approving Issuance of a Class B and Sunday On -Sale Intoxicating Liquor • License to AMF Bowling Centers, Inc. DBA/AMF Earle Brown Lanes h. Licenses • CITY COUNCIL AGENDA -4- December 15, 1997 5. Public Hearing a. An Ordinance Amending Chapters 11, 12, 13, and 23 of the City Ordinances; Replacing the Term "Nonintoxicating" with "3.2 Percent Malt" -This ordinance was first read on November 24, 1997, published in the official newspaper on December 3, 1997, and is offered this evening for a second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Relating to Regulation of Public Right -Of -Way; Adding New Sections 25 -1000 Through 25 -1032 to the Brooklyn Center Code of Ordinances -This ordinance was first read on October 14, 1997, published in the official newspaper on October 22, 1997, tabled on November 10, 1997, and the public hearing is continued this evening. - Requested Council Action: • -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt' ordinance. C. Proposed Capital Improvement Program, 1998 -2002 - Requested Council Action: -Open the public hearing. -Take ublic input. P P -Close the public hearing. - Motion to adopt Capital Improvement Program. d. Consideration of 1998 Budget 1. Resolution Approving a Final Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Service, and Relocation Assistance Pursuant to the Provisions of MSA 469.001 through 469.047 of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1998 2. Resolution to Authorize a Final Tax Levy for 1998 Appropriations for the General Fund, the Debt Service Funds, the E.D.A. Fund, and the H.R.A. Fund Budgets 3. Resolution to Adopt the 1998 Proposed Budget for the General Fund 4. Resolution to Adopt the 1998 Proposed Budgets for the Special Revenue Funds CITY COUNCIL AGENDA -5- December 15 1997 5. Resolution to Adopt the 1998 Proposed Budgets for the Capital Projects Fund 6. Resolution to Adopt the 1998 Proposed Budgets for the Enterprise Funds 7. Resolution to Adopt the 1998 Proposed Budgets for the Internal Service Funds - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolutions. 6. Council Consideration Items a. Resolution Setting Salaries and Benefits for the Calendar Year 1998 - Requested Council Action: - Motion to adopt resolution. b. Set Date and Time of Council Meetings 1. January 12, 1998 Regular City Council Meeting, 7 p.m., City Hall • 2. January 20, 1998, Council Work Session, 7 p.m., City Hall 3. February 27, 1998, Facilitated Council Retreat, 12 p.m., EBHC - Requested Council Action: - Motion to set date and time of Council meetings. C. City Advisory Commission Automatic Resignations tY rY nations g - Requested Council Action: - Council discuss and direction for policy change. d. Resolution Approving Amendments to the Fire Department Relief Association Bylaws - Requested Council Action: - Motion to adopt resolution. e. Resolution Establishing Improvement Project No. 1998 -14, Kylawn Park Trail Linkage and Naming Fiscal Agent for Administration of Grant Funds Received Through the Regional Trail Initiative Grant Program f. Resolution Regarding West Fire Station Construction and Review of Liquor Store Operations - Requested Council Action: - Motion to adopt resolution. • 7. Adjournment DRAFT 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 10, 1997 CITY HALL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM No one appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Peppe to adjourn informal open forum at 6:54 p.m. passed unanimously. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, Finance Director Charlie Hansen, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. • 11/10/97 -1- DRAFT INVOCATION A moment of silence was observed. COUNCIL REPORTS No Council reports were offered. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the October 14, 1997 -- Regular Session, October 27, 1997 -- Regular Session, and November 5, 1997 -- Special Session as printed passed unanimously. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT IMPROVEMENT PROJECT NO 1995 -04 CONTRACT 96 -I REPLACEMENT • OF LIFT STATION NO. 1 AND FORCE MAIN RESOLUTION NO. 97 -196 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995-04, CONTRACT 96 -I, REPLACEMENT OF LIFT STATION NO. 1 AND FORCE MAIN The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97 -197 Member Carmody introduced the following resolution and moved its adoption: 11/10/97 -2- . DRAFT • RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT- A- PARK. ADOPT -A- TRAIL. AND ADOPT -A- STREET PROGRAMS RESOLUTION NO. 97-198 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT - A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. REMOVE FROM COUNCIL TABLE AND AFFIRM THE DECISION OF THE CITY MANAGER TO DENY A PRIVATE KENNEL LICENSE SUBMITTED BY DANIEL KITCHIN, 5601 LOGAN AVENUE NORTH A motion was made by Councilmember Carmody to remove from council table and affirm the decision of the City Manager to deny a private kennel license submitted by Daniel Kitchin, 5601 Logan Avenue North. The motion was seconded by Councilmember Lasman and passed unanimously. PROCLAMATION DECLARING NOVEMBER 23 TO 30 1997 TO BE NATIONAL BIBLE WEEK A motion was made by Councilmember Carmody to declare November 23 to 30, 1997, to be National Bible Week. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER RESOLUTION NO. 97 -199 • Member Carmody introduced the following resolution and moved its adoption: 11/10/97 -3- AFT RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH • CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Christmas Tree Sales Lots Malmborg's Inc. 5120 Lilac Drive North Mechanical Contractors Total Air, Inc. 1923 West Burnsville Parkway, Burnsville Rental Dwellings Renewal: Patti R. Zoerb 5900 Camden Avenue North Sign Hany-er Equity Construction Company 561 3rd Street, Excelsior Taxica Northstar Taxi, Inc. 809 Berry Street, St. Paul PUBLIC HEARING AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT-OF-WAY: ADDING NEW SECTIONS 25 -1000 THROUGH 25 -1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES This item was first read on October 14, 1997, published in the official newspaper, and is offered this evening for a second reading and public hearing. City Manager McCauley explained that Minnegasco has made several comments to the proposed ordinance, and they have requested some technical changes to the wording. Also, NSP has expressed some objections to this model ordinance. Mr. McCauley suggested that the hearing be continued until the first meeting in December in order to work out the issues with the utilities. 11/10/97 -4- DRAFT A motion was made by Councilmember Hilstrom to continue the public hearing to the first meeting in December. The motion was seconded by Councilmember Carmody and passed unanimously. COUNCIL CONSIDERATION ITEMS RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE LIONS CLUB IN SUPPORT OF THE ANNUAL HOLLY SUNDAY ACTIVITIES Councilmember Carmody noted the generous donation of $1,740 from the Lions Club in support of the annual Holly Sunday activities at the Community Center, to be held on December 7, 1997. RESOLUTION NO. 97 -200 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE LIONS CLUB IN SUPPORT OF THE ANNUAL HOLLY SUNDAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $7.900,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING BONDS SERIES 1997B City Manager McCauley explained that this bond issue was for the General Obligation Building Bonds, Series 1997B, in the amount of $7,900,000, for the construction of the Police and Fire Facilities Project. Specifically, the Project will include a new police station, demolition of Fire Station No. 1, reconstruction of Fire Station No. 1, and renovation of Fire Station No. 2. This bond issue was authorized by a voter referendum on November 4, 1997, and the principal and interest on the bonds will be repaid by the general property taxes of the City. RESOLUTION NO. 97 -201 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $7,900,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING BONDS, SERIES 1997B The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. • 11/10/97 -5- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1.075,000 GENERAL • OBLIGATION IMPROVEMENT BONDS SERIES 1997A City Manager McCauley 'explained that this bond issue was for the General Obligation . Improvement Bonds, Series 1997A, in the amount of $1,075,000. This bond issue would cover 1996 and 1997 street reconstruction and storm sewer construction. . Special assessments will be collected over the next ten years and will be used to make principal and interest payments on the bonds. RESOLUTION NO. 97 -202 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,075,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997A The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECTS FOR POLICE AND FIRE BUILDING PROJECTS City Manager McCauley ked that the Council engage the services of M'orud Architecture to tY g Y J provide architectural, engineering, and landscape design for the fire station construction and remodeling project, and to engage the services of Boarman, Kroos, Pfister, Vogel & Associates to provide those services for the police station project. Mjorud Architecture has experience in fire station construction and has prepared the preliminary designs for the new station and the remodeling. The maximum fee, unless additional services were requested beyond the scope of the proposal, would be $189,500. Boarman, Kroos, Pfister, Vogel & Associates was selected to do the conceptual design work and has substantial experience in police building design and construction. The maximum fee, unless additional services were requested beyond the scope of the proposal, would be $285,000. q Y Pe P p RESOLUTION NO. 97 -203 Member Peppe introduced the following resolution and moved its. adoption: RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECTS FOR POLICE AND FIRE BUILDING PROJECTS • 11/10/97 -6- Uta �. Cat4� "t +sa ~ '7 E d71 • The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. DISCUSSION REGARDING COUNCIL INVOCATION City Manager McCauley explained that the City Attorney has had correspondence with an attorney for the Minnesota Civil Liberties Union (MCLU) regarding the Council invocation at the beginning of each Council meeting. City Attorney Charlie LeFevere said that while the invocation appears to be legally defensible, the Council could consider two changes to the policy which could make the policy more defensible from a legal perspective. These changes could also help to satisfy the concerns of the MCLU and might avoid a lawsuit entirely. Mr. LeFevere reported that one of the objections of the MCLU is that the invocation occurs after the Council meeting is convened by the Mayor so that it is actually apart of the Council meeting. The argument of the MCLU could be taken away by simply reversing the order of the call to order and invocation so that the Council meeting would begin with an invocation at 7:00, then call the meeting to order and have a roll call. A second objection to the MCLU is that the City policy appears to mandate that the invocation be addressed to "God." A minor change to the policy would make this more clear. The • language could be changed to read, "will stringently adhere to the concept of what an invocation, by definition, is, which is, a petition for guidance, and lastly that any reference to the deity in any invocation shall use the inclusive term `God', which is the broad based spiritual term used in our nation's pledge of allegiance, `one nation under God', and as also used on our currency `IN GOD WE TRUST'." Councilmember Carmody stated the minor changes suggested by Mr. LeFevere were fine with her. Councilmember Lasman stated the suggested change of wording was better worded than the original and was also in favor of the minor changes. Councilmember Peppe suggested Mr. LeFevere find out how the Legislature conducts their invocation. Mr. LeFevere stated he will bring this issue back to the Council at a later date. SET DATE AND TIME FOR CITY COUNCIL WORK SESSION A motion was made by Councilmember Carmody to set November 17, 1997, at 7 p.m., Conference Room B at City Hall, as a general Council work session. The motion was seconded by Councilmember Peppe and passed unanimously. • 11/10/97 -7- DE DISCUSSION REGARDING PAWNSHOP ORDINANCE • City Manager McCauley explained that a draft ordinance amendment regarding pawn shops and secondhand goods was being presented by the Police Department and City Attorney for discussion purposes. According to City Attorney LeFevere, many of the changes to the ordinance have been made to conform to recent changes in state law relating to the regulation of pawnshops. In addition to these "housekeeping" changes, changes have been made to the requirements of the ordinance for consignment sales. The proposed amendment defines "consignment house dealers ", and limits the record keeping requirement applicable to such dealers by exempting them from the requirement of maintaining a photographic record and the requirement of making daily reports to the police department. Additionally, the ordinance adds a number of categories of sale which are exempt from the ordinance. These include: sales of public markets such as a flea market; sales of furniture, excluding electronic devices; sales of clothing provided no new clothing is sold; sales of recycled motor oil; sales by charitable organizations selling donated goods; sales of bona fide antiques or collectibles; sales of used books and magazines; sales of sporting goods; resale of merchandise returned to the seller after an initial sale by the seller; sales of used toys; and, sales of musical instruments. • Two other categories of sales were considered for exemption, the sale of CDs and sales of computer games. The police department felt strongly that these two categories of transactions should not be excluded from the ordinance because they are frequent subjects of theft, particularly in the case of CDs. Mr. LeFevere also noted that if the Council decides that the regulations relating to CDs, computer games, or any other types of businesses should not be subject to the ordinance, several options are available. These include exempting the business from the ordinance altogether, relaxing the record keeping requirements (as the proposed ordinance does for consignment sales), or exempting certain transactions from the ordinance (such as exempting purchases of CDs when the transaction involves less than a specified sum of money). Finally, several other changes to the proposed ordinance have been made at the suggestion of the police department. Those include the following: imposes the obligation for licensed pawn shops and secondhand goods dealers to submit daily computerized records of all transactions to the police department; prohibits the receipt of any from which a serial number or other such identification number has been removed or altered; requires secondhand goods dealers to hold property for 30 days (90 days in the case of firearms), prior to sale. The holding period for pawned items is 120 days; and, allows payment to be made by cash for secondhand good transactions involving less than $100. • 11/10/97 -8- • Councilmember Carmody noted that new clothing is sometimes sold by consignment dealers. Mr. LeFevere responded that the "relaxed" rules could be used for this situation, or the wording could be changed for clarification. After some discussion on whether the sale of CDs and computer games should be exempted from the proposed ordinance, Councilmember Hilstrom inquired how other cities handle this situation. Mr. LeFevere responded that most other cities didn't exempt CDs /computer games as they are easily stolen and difficult to trace. Councilmember Lasman noted that present record keeping measures for the ordinance would not be a cumbersome deterrent to doing business- -some record keeping was essential. The option of record keeping by a business for a certain number of CDs (i.e., five or more, ten or more) being sold was also discussed. Mr. LeFevere said he had direction from the Council to address the exemption of new clothes, exemption of CDs and computer games, possible distinctions per volume on CDs, and certain required record keeping. The proposed ordinance will be presented to the Council at a future date. • ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the meeting at 7:45 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • 11/10/97 -9- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BUDGET WORK SESSION NOVEMBER 17, 1997 CONFERENCE ROOM B CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a budget work session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, Public Services Director Diane Spector, Community Development Director Brad Hoffman, Acting Recreation Director Jim Glasoe, and Council Secretary LeAnn Larson. 1. WATER/SANITARY SEWER/STORM WATER UTILITIES While no increase in the water rates for 1998 was proposed, City Manager McCauley noted the slight increases proposed in 1998 for sanitary sewer and storm drainage rates. Council was in support of the increases. SPECIAL ASSESSMENT OF DELINQUENT BILLS The Council expressed approval of certifying delinquent utility bills to the County twice a year. Finance Director Hansen noted that staff time is saved in the certification process and any costs are covered by certification fees. SENIOR SEWER RATE ANNUAL CERTIFICATION The Council agreed to a request to amend the procedure for seniors and not require annual reapplication for the senior rate. Mr. Hansen stated that this change would save money, staff time, and confusion. • 11/17/97 -1- DRAFT 2. EARLE BROWN HERITAGE CENTER City Manager McCauley stated the Earle Brown Heritage Center projects an increase in revenues u s for 1998. Those revenues would support capital items identified in the budget. Those capital items would require achieving those goals in order to implement the purchasing. Several issues have not yet been fully addressed. One is a proposed conversion of office space to conference event space. A business plan is still being developed to project the viability of the proposal. While the space could return a higher gross value per square foot than office space, net numbers have not been presented. City Manager McCauley noted that the business plan being worked on by Heritage Center staff will analyze and address whether we will have sufficient resources to do a conversion. The capital replacement plan is being reworked with a recently completed professional estimation of useful life and replacement cost for major structural /equipment pieces. Councilmember Hilstrom questioned the parking dilemma should the conversion of office space to conference space be executed. 3. GOLF COURSE City Manager McCauley presented the Financial Plan for operations and debt for a seven -year period, the repayment concept using principal only for 20 years, and the capital needs projection using repayment concept. Councilmember Hilstrom stated she wants the golf course to be self - sustaining. 4. RECYCLING City Manager McCauley noted that no changes for 1998 are proposed in rates for recycling. 5. CENTRAL GARAGE City Manager McCauley noted the Central Garage is fully funded for 1998. Several issues regarding potential requsts for fire vehicles were discussed regarding future requests that may exceed funded depreciation. I 6. MISCELLANEOUS BUDGET ITEM: HRA ETC. No discussion. • 11/17/97 -2- • 7. REQUEST OF GREATER MINNEAPOLIS METROPOLITAN HOUSING CORPORATION The Greater Minneapolis Metropolitan Housing Corporation is proposing to establish a center serving several northern suburbs to assist persons with buying and remodeling houses. The costs to the City is $5,000 /year. Councilmember Carmody stated it was a good plan to try. Councilmember Peppe requested tracking of projects done in Brooklyn Center. 8. SPECIAL ASSESSMENT POLICY FOR COMMERCIAL PROPERTY This item centered on consideration of policy changes to the Special Assessment Policy which establishes a rate for commercial properties designated a Minnesota State Aid route (70 percent), which is different from the rate for commercial properties not a MSA route (100 percent). Public Services Director Spector stated that this use of two differentiates for assessing abutting commercial properties could be challenged and subject to appeal. Councilmember Hilstrom was opposed to any decrease in the amount that commercial properties would be assessed. General Council consensus was to make the two rates uniform, at 70 percent of the cost assessed to the commercial property. 9. FUNDING REQUESTS Social service funding requests were tentatively designated as follows: Northwest Hennepin Human Services Council ............ ... .. $41,849.00 Project Peace ........................... .....................16,936.00 North Hennepin Mediation Program, Inc . ........................ . 4,000.00 Brooklyn Peacemaker Center, Inc . . ............................... 4,000.00 Five Cities Senior Transportation . ............................... 11,819.00 Brooklyn Community Band ..... ............................... 1,000.00 Heritage Festival ........................... .................. 500.00 Total $80,104.00 Council consensus was to explore the issue of transportation as a whole in relation to general dissatisfaction with the Five Cities Senior Transportation program. Council wants to know if • there are other options for Brooklyn Center citizens, not just for seniors. 11/17/97 -3- R = T AF 10. CAPITAL IMPROVEMENT PLAN Ms. Spector presented the Capital Improvement Plan for 1998 -2002, which is a schedule of improvements to streets, parks, buildings, and other general projects. The primary objective of the CIP is to integrate the specific goals, policies, and recommendations contained in the Comprehensive Plan with its capability to pay for and maintain capital improvements. REVIEW OF FUNDING ASSUMPTIONS Council consensus was to separate operating capital from bond payments. ADJOURNMENT A motion by Councilmember Carmody to recess the meeting at 11:00 p.m. and continue the budget work session on December 1, 1997, at 7:15 p.m, following the Special Session already scheduled. The motion was seconded by Councilmember Lasman and passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • 11/17/97 -4- DRAFT • 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 24, 1997 CITY HALL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, and Kay Lasman. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM • No one appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Carmody to adjourn informal open forum at 6:55 p.m. passed unanimously. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. Councilmember Hilstrom was absent and excused. • 11/24/97 -1- P o n " RAF INVOCATION A moment of silence was observed. COUNCIL REPORT Councilmember Lasman noted recent attendance at Crime Prevention and Housing Commission meetings. Councilmember Carmody noted both her and Mayor Kragness' recent attendance at a League of Minnesota Cities Legislative Conference. Also, Councilmember Carmody stated that the Human Rights and Resources Commission has requested a joint meeting with the Council. Councilmember Peppe noted recent attendance at a Cable Commission meeting. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested that approval of four licenses for tobacco related products at Brooklyn Center Municipal #1, #2, #3, and Centerbrook Golf Course be removed from the consent agenda for discussion at a future work session. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve • the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the October 29, 1997 - -Joint Session with Charter Commission as printed passed unanimously. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO 1998-0& REFORESTATION OF 1997 STREET IMPROVEMENT PROJECT AREAS ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS RESOLUTION NO. 97 -204 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -08, REFORESTATION OF 1997 STREET IMPROVEMENT PROJECT AREAS, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS 11/24/97 _� _ DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO 1998-09, CONSTRUCTION OF PUBLIC IC SAFETY FACILITY 67TH AND HUMBOLDT AVENUES NORTH: IMPROVEMENT PROJECT NO 1998 -10 DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION 63RD AND BROOKLYN BOULEVARD: AND IMPROVEMENT PROJECT NO 1998 -11 EAST FIRE STATION REMODELING RESOLUTION NO. 97-205 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PUBLIC SAFETY FACILITY, 67TH AND HUMBOLDT AVENUES NORTH; IMPROVEMENT PROJECT NO. 1998 -10, DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION, 63RD AND BROOKLYN BOULEVARD; AND IMPROVEMENT PROJECT NO. 1998 -11, EAST FIRE STATION REMODELING • The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION DESIGNATING 1998 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES RESOLUTION NO. 97-206 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING 1998 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Christmas Tree Sales Lot P.Q.T. Company 5040 Brooklyn Boulevard P.Q.T. Company 5801 Xerxes Avenue North • 11/24/97 _; _ DRAFT Gasoline Service Station Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Seaport, Inc., d.b.a. Total 6830 Brooklyn Boulevard Rental Dwellings Initial: Delbert Ray and Ione DeLong 5211 France Avenue North Renewal: Akbar Sajady 4207 Lakeside Avenue North #131 Akbar Sajady 4207 Lakeside Avenue North #326 Scot and Michal Frenzel 5256 East Twin Lake Boulevard Tobacco Related Products Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Seaport, Inc., d.b.a. Total 6830 Brooklyn Boulevard PUBLIC HEARING AN ORDINANCE VACATING A CITY ROADWAY FOR PARK PURPOSES This item was first read on October 27, 1997, published in the official newspaper, and is offered . this evening for a second reading and public hearing. City Manager McCauley explained this ordinance would vacate a City roadway for park purposes. This roadway is within the North Mississippi Regional Park. Specifically, it was the access road in the old Riverridge Park which runs from 57th Avenue to the boat launch/fishing pier area. This roadway was turned back by Mn/DOT to the City. Hennepin County intends to retain the roadway for park purposes. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO. 97 -15 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A CITY ROADWAY FOR PARK PURPOSES • 11/24/97 -4- DRA • The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously.. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 97014 SUBMITTED BY JEHOVAH JIREH CHURCH OF GOD IN CHRIST REQUESTING A SPECIAL USE PERMIT TO OPERATE A CHILD CARE FACILITY AT THE CHURCH LOCATED AT 6120 XERXES AVENUE NORTH City Manager McCauley stated that the applicant, Jehovah -Jireh Church, was seeking a special use permit to operate a child care facility out of their church building which is located at 6120 Xerxes Avenue North. The property in question is zoned RI (Single Family Residence). Both churches and accompanying uses such as child care or day care are considered special uses in the R1 zoning district. The Planning Commission recommended approval of Planning Commission Application No. 97014 subject to several conditions. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97014 by Jehovah -Jireh Church of God in Christ, subject to the following • conditions: 1) The special use permit is issued for a child care /day care facility serving up to 29 children in a preschool and after school program. Any expansion or alteration of these operations will require an amendment to this special use permit. 2) The child care /day care operation shall receive the proper licensing from the Minnesota Department of Human Services and copy of the license shall be kept on file with the City. 3) The premises will be brought into compliance with applicable state and local regulations relating to fire safety, health, and building code standards for this operation as determined by the Building Official and Fire Chief. 4) The special use permit is subject to all other applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. The motion was seconded by Councilmember Peppe and passed unanimously. Mayor Kragness welcomed the addition of the child care facility in the community. • 11/24/97 . -5- 1 U Fft 0 K E4% A 9' =_- COUNCIL CONSIDERATION ITEMS • RESOLUTION COMMENDING SECOND GRADE STUDENTS AT EVERGREEN PARK ELEMENTARY SCHOOL Councilmember Carmody noted that she recently presented an informative session regarding City issues to the second grade students at Evergreen Park Elementary School. The interest and questions asked by the students demonstrated a knowledge of and sincere interest in many of the issues currently facing the City. RESOLUTION NO. 97-207 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION COMMENDING SECOND GRADE STUDENTS AT EVERGREEN PARK ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PUBLIC UTILITY RATE STUDY RESOLUTION ADOPTING THE 1998 WATER UTILITY RATE SCHEDULE • RESOLUTION ADOPTING THE 1998 SANITARY SEWER UTILITY RATE SCHEDULE RESOLUTION ADOPTING THE 1998 STORM DRAINAGE UTILITY RATE SCHEDULE RESOLUTION ADOPTING THE 1998 RECYCLING RATES RESOLUTION ADOPTING THE 1998 WATER AND SANITARY SEWER HOOKUP RATES City Manager McCauley explained the Council annually reviews water, sanitary sewer, recycling, and storm drainage utility rates to ensure that the utilities' financial goals are met. Several rate increases are suggested to cover the rising costs of materials, such as water treatment chemicals, and electricity used to power the wells and lift station pumps and natural gas to heat the well houses. If the recommended rates are adopted, the annual utility bill of the average residential customer would increase 2.5 percent, or roughly $9.00. The annual bill of the average senior customer would also increase about 3.3 percent, or about $6.56. The recommended water utility rate would remain the same as the 1997 rate, $0.89 per 1000 gallons. • 11/24/97 -6- FT • The recommended sanitary sewer utility rate would increase in 1998 to a residential quarterly rate of $45.25, and the non - residential rate of $1.80 per 1000 gallons. These proposed rates would best meet utility financial goals. The recommended storm drainage utility rate would increase in 1998 to quarterly rates of $9.00 per lot, and the base rate per REF to $36.00. These proposed rates would best meet utility financial goals. The recommended utility P g are hookup charges annually ncreased based on inflation. The Y proposed rates would increase by 2.8 percent, based on the increase in the CPI from August 1996 to August 1997. The recommended recycling utility rates would remain the same as the 1997 rate. The recommended water and sanitary sewer hookup rates are annually increased based on inflation. The proposed rates would also increase by 2.8 percent. RESOLUTION NO. 97 -208 Member Lasman introduced the following resolution and moved its adoption: • RESOLUTION ADOPTING THE 1998 WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97 -209 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97 -210 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member • Carmody and passed unanimously. 11/24/97 -7- r. RESOLUTION NO. 97 -211 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 RECYCLING RATES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97 -212 I Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 WATER AND SANITARY SEWER HOOKUP RATES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ESTABLISHING 1998 STREET AND STORM DRAINAGE SPECIAL ASSESSMENTS RATES City Manager McCauley explained the Council annually establishes assessment rates for street • g Y P Y improvement projects. It is the intent of the Council that special assessments are levied against any property that can be deemed to benefit from such an improvement. Assessments for residential properties are made on a unit basis which applies to all single family residential properties benefitting from any street improvement project that year, and are intended to represent a specific portion of the average cost of reconstructing a typical residential street. Assessments for non - residential or multiple family residential units are computed separately for each project. Staff has recommended that the proposed assessments for 1998 be increased to a per unit rate for street reconstruction of $2,060 per parcel, and for storm drainage improvements $670 per parcel. These proposed residential assessment rates for street reconstruction will apply to properties in R1, R2, and R3 zoned districts. RESOLUTION NO. 97-213 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 1998 STREET AND STORM DRAINAGE SPECIAL ASSESSMENTS RATES • 11/24/97 -8- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AMENDING THE SPECIAL ASSESSMENT POLICY REGARDING STREETS IN COMMERCIAL DISTRICTS WHICH ARE NOT MUNICIPAL STATE AID ROUTES City Manager McCauley explained the City's current special assessment policy regarding streets in commercial districts currently assessed 100 percent of the cost of such improvements to those properties not designated a municipal state aid route, while those commercial properties on a state aid route were assessed at a rate of 70 percent. The Council had discussed making the special assessment policy regarding commercial properties more uniform. The proposed resolution would amend the special assessment policy to have commercial and industrial properties be assessed 70 percent of the actual cost of the project, whether they are on MSA routes or not. RESOLUTION NO. 97-214 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SPECIAL ASSESSMENT POLICY REGARDING • STREETS IN COMMERCIAL DISTRICTS WHICH ARE NOT MUNICIPAL STATE AID ROUTES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION AMENDING THE POLICY REGARDING THE SANITARY SEWER RATE FOR THE ELDERLY City Manager McCauley explained this resolution would amend the current program regarding the sanitary sewer rate for the elderly. A change in operations would eliminate the requirement for seniors to reapply each year. The senior citizen rate is available to properties being billed residential sanitary sewer rates where the head of household or spouse has attained the age of 62 years or older and a maximum of two persons permanently reside there. Residents must notify the City of any changes in their household which might change their eligibility for the program. Also, landlords may apply for this program on behalf of their senior renters by annually completing an application provided by the City. RESOLUTION NO. 97 -215 Member Carmody introduced the following resolution and moved its adoption: • 11/24/97 -9- �ti to j RESOLUTION AMENDING THE POLICY REGARDING THE SANITARY SEWER RATE FOR THE ELDERLY The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and as ed p s unanimously. SOLUTION ADOPTING A SCHEDULE FOR CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS AS SPECIAL ASSESSMENTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager McCauley explained this resolution would approve a schedule for certifying delinquent utility accounts as special assessments twice during 1998. This is a change from 1997 when certification was only done once. RESOLUTION NO. 97 -216 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A SCHEDULE FOR CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS AS SPECIAL ASSESSMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was' duly seconded by member • Carmody and passed unanimously. RESOLUTION AUTHORIZING RETENTION OF CARSON AND CLELLAND FOR CITY PROSECUTION SERVICES AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE CONTRACT City Manager McCauley explained solicitation was recently made for prosecution services. Based on a review of the three proposals submitted, Mr. McCauley recommended acceptance of the proposal from Carson and Clelland. With Carson and Clelland, the hourly rate is lowest, it is the only firm with its principal offices in Brooklyn Center providing the complete access to our officers for complaints and other services and the service from the fir i t has outstanding. rm n the as been o s n P g . Both criminal prosecution and code enforcement have been handled efficiently and effectively. RESOLUTION NO. 97 -217 Member Carmody introduced the following resolution and moved its adoption: • 11/24/97 -10- • RESOLUTION AUTHORIZING RETENTION OF CARSON AND CLELLAND FOR CITY PROSECUTION SERVICES AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AN ORDINANCE AMENDING CHAPTERS 11 12 13 AND 23 OF THE CITY ORDINANCES. REPLACING THE TERM "NONINTOXICATING" WITH "3.2 PERCENT MALT" City Manager McCauley explained recent legislation was enacted with regard to a political subdivision using the terminology "nonintoxicating liquor." Minnesota Statutes prohibits a City from issuing a license with the term "nonintoxicating liquor." For the 1998 renewal liquor licenses, the terminology has been changed to "3.2 Percent Malt Liquor License "; however, several sections in the City Ordinances use the term "nonintoxicating liquor." These sections should be amended to remove the term " nonintoxicating" and replace with "3.2 percent malt." A motion was made by Councilmember Carmody to approve the first reading of the ordinance and set December 15, 1997, for public hearing and second reading. The motion was seconded by Councilmember Lasman and passed unanimously. • RESOLUTION AUTHORIZING ENGAGEMENT OF CONSTRUCTION MANAGEMENT FIRM FOR POLICE AND FIRE BUILDING PROJECTS City Manager McCauley explained that after reviewal of proposals for construction management services for the police and fire building projects, Bossardt Corporation was recommended. Bossardt Corporation has experience with the construction of two police stations and one fire station. They also have extensive municipal construction management experience for other municipal buildings. Recommendation for construction management is to improve the process of construction and to monitor the cost and materials so as to have these projects come in on budget and in the time frame allowed. Many municipalities have been using construction management to overcome some of the difficulties associated with using a general contractor. The initial review of fee proposals from construction management firms also had Bossardt Corporation as the lowest initial proposal for construction management services. One other firm, after the receipt of request for proposals, did modify their proposal and reduce their proposed cost below the cost proposed by Bossardt Corporation. However, evaluation of the services performed and the personnel assigned with experience in this type of municipal construction lead staff to recommend Bossardt Corporation for the provision of this service. • 11/24/97 -11- RESOLUTION NO. 97-218 • Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENGAGEMENT OF CONSTRUCTION MANAGEMENT FIRM FOR POLICE AND FIRE BUILDING PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SET DATE FOR COUNCIL RETREAT A motion was made by Councilmember Peppe to table decision of a date for the Council Retreat in February or March 1998. The motion was seconded by Councilmember Carmody and passed unanimously. SET DATE AND TIME FOR CITY COUNCIL WORK SESSION A motion was made by Councilmember Carmody to set a date of December 1, 1997, at 7:15 p.m., Conference Room B, for a continued Council budget work session to follow the 7 p.m. special session. The motion was seconded by Councilmember Peppe and passed unanimously. ADJOURNMENT • A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the meeting at 7:37 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • 11/24/97 -12- ��pOKLYN CEjyT BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: November 20, 1997 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle) On November 20, 1997 the Brooklyn Center Police Department received an Application for • Exemption from Lawful Gambling License from the Minnesota Bowhunters, Inc. This application is for an event to be held at the Earle Brown Heritage Center on March 28, 1998. This application has been approved and will be returned to the Minnesota Bowhunters representative after City Council review. The Minnesota Bowhunters representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. Scott Kline Chief of Police SK:kh • LG220 For Board Use Only Revosiss Minnesota Lawful Gambling Fee Paid Application for Authorization for an Check # Exemption from Lawful Gambling License • Initals Date Recd Organrzat on l farmatron µj t Organization Name (a vctr 0 Previous lawful gambli g exemption number c Lt Vl � S o�c.� o t,�-� (.ZVt 4e-(' ..�r%/LCi t !� Street City State Zip Cod C my JL4 A,," Z<-)I� A -A .W s5 — rcv Name of Chief Exedutive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name ."r�bM /v (62j 2,? 4 1 - 2Y LIF N ame of rganization Treasurer Daytime Phone Number of Treasurer 7 ame Last Name 3 7c� ,�oa7 T e of Non ro.t O atian YP ►"9 aniz Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: ❑ IRS letter indicating income tax exempt status ❑ Fraternal M Certificate of good standing from the Minnesota Secretary of State's office ❑ veterans ❑ Religious EM charter showing you're an affiliate of a parent nonprofit organization CD nonprofit ❑ Proof previously submitted and on fie with the Gambling Control Board n. Garr�bl�ng Aremrsea ln;fanrra>otr r E Name of Establishment where gambling activity will be conducted Street City State Zip Code County ff l , 6au�o Ce �4 Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes which indicate the type of gambling activity your organization will be conducting ❑ *Bingo Z2--F`Zaffles ❑ 'Paddlewheels r7 *Pull -tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor • Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only jute &Initials of Specialist the reverse side of this application. Local Unit of' Government Jurisdiction Is this gambling premises located within city limits ?Q Yes Q No • If Yes, write the name of the City: City Name If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: Q organized Q unorganized Q unincorporated r .>QCaI,1r�t Qf Government Acknowlealgmet 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government Township may not den an application. this a lica- 4. NOTE: A To Y PP 2. The county and township must sign pp P Y tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been . received, unless the local unit of govemment passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application • Date Received: Date Signed: Title of person receiving application Title of person acknowledging application Qath iD Ctr of Executive Meer 1�1! won have read this application and all information is true, accurate an d complete. Date: Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in aftemative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. Hearing impaired individuals using a TOO may call the Minnesota Relay Service at 1- 800 -627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. qC1 • MEMORANDUM DATE: December 8, 1997 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer SUBJECT: Resolution Approving Change Order No. 3, Accepting Work Performed, and Authorizing Final Payment, Improvement Project Nos. 1996 -01, 02 and 03, Contract 1996 -B, Orchard Lane East, Street, Storm Drainage and Utility Improvements On April 22, 1996, the City Council awarded a contract to Thomas and Sons Construction in the amount of $2,369,969.90 for Contract 1996 -B. On December 16, 1996, the City Council approved Change Order No. 1 in the amount of $169,825.79. This amended the contract to $2,539,795.69. On February 10, 1997, the City Council approved Change Order No. 2 and the work necessary, in the amount of $61,752.00. This amended the contract to $2,601,547.69. Change Order No. 3 consists of. ► 9 storm sewer manholes were determined in the field as needing reconstruction. No unit price was provided in the original bid. The cost of $4,500.00 was reasonable. ► Extra work in the amount of $1,115.14 was approved for additional grading needed at West Palmer Lake ball field fill site; and ► Sand filling of the storm sewer pipe on Indiana Avenue at 63rd Avenue was necessary, at a cost of $1,487.50. This pipe was inaccessible at the time of storm sewer installation. The total amount of Change Order No. 3 is $7,1 02.64.. Total change orders for this contract are $238,680.43. The final contract amount is $2,608,650.28, an increase of 9 %. It should be noted that a contingency of 15% ($355,496.00) was originally included to cover any unanticipated cost overruns. The final cost of the project is $2,948,587.28, compared to the cost as estimated at the time the contract was awarded of $3,159,776. It is recommended to approve Change Order No.3 and accept the work performed in the amount • of $2,608,650.28. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1996 -01, 02 AND 03, CONTRACT 1996 -B, ORCHARD LANE EAST, STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1996 -01, 02 and 03, Contract 1996 -B, Orchard Lane East, Street, Storm Drainage and Utility Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $2,608,650.28. 2. The work completed under said contract is accepted and approved according to the following schedule: COSTS Per Bid As Final Contract $2,369,969.90 $2,369,969.90 Contingency (10 %) Change Orders 355,496.00 238,680.43 Subtotal 2,725,465.00 2,608,650.28 Engineering 272,547.00 166,952.00 Street Lights 50,000.00 63,798.00 Park Amenities 30,000.00 - - -- Administration & Legal (3 %) 81,764.00 76,194.00 Capitalized Interest 32,993.00 TOTAL $3,159,776.00 $2,948,587.28 RESOLUTION NO. • REVENUES Per Bid As Final Street Street Assessments $ 656,750.00 $ 647,400.00 General Fund 616,050.00 421,874.28 Park Assessments 17,080.00 17,080.00 Local State Aid 75,983.00 Utilities Water 410,509.00 387,289.00 Sanitary Sewer 442,330.00 373,174.00 Drainage Storm Drainage Utility 765,187.00 810,787.00 Assessments 221, 870.00 215,000.00 Capital Improvement Fund 30,000.00 ITOTAL $3,159,776.00 $2,948,587.28 • Date Mayor ATTEST: City 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. • 4/0 • MEMORANDUM DATE: December 10, 1997 TO: Michael McCauley FROM: Joyce Gulseth I � SUBJECT: Resolution Accepting Work Performed and Approving Final Payment for 1997 Diseased Tree Removal Program, Improvement Project No. 1997 -13, Contract 1997 -H Improvement Project No. 1997 -13 has been completed by Arbor- Design Tree Service, Inc. The actual value of work performed is $1,623.99 less than the original contract of $24,450.00 due to fewer trees being designated for removal than expected. Staff recommends acceptance of the work performed and authorization to make final payment to Arbor- Design Tree Service, Inc. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1997 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1997 -13, CONTRACT 1997 -H WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Arbor- Design Tree Service, Inc. has satisfactorily completed the following improvement in accordance with said contract. Improvement Project No. 1997 -13, 1997 Diseased Tree Removal Program, Contract 1997 -H NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved. 2. The actual value of work performed is $1,623.99 less than the original contract value, due to fewer trees being designated for removal than expected. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $ 22, 826.01. Date Mayor ATTEST: City 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. / L ��pOKLYN CENT� BROOKLYN CENTER POLICE O ICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline DATE: November 21, 1997 SUBJECT: Consideration Of 1998 Liquor Licenses All liquor licenses within the City of Brooklyn Center run concurrent with the calendar year. In the case of intoxicating liquor, club, and wine licenses, forms must be forwarded to the State of Minnesota before the renewal date to inform them of the licenses granted by the City. A complete list of all licenses to be renewed for 1998 is also attached. It is requested that the City Council approve the issuance of liquor licenses for 1998. SK:kh C0.ci1/981ig1ic.mq 1997 Liquor Licenses CLASS SS A On- ale Intoxicating Liquor License (SO /o or greater food) do SundaX GMRI, Inc. dba/ The Olive Garden Italian Restaurant # 1253 1601 James Circle North Brooklyn Center, MN 55430 CLASS B On -Sale Intoxicating Liquor License (50 to 79% food) & Sunday Apple American Limited Partnership of Minnesota dba/ Applebee's Neighborhood Grill & Bar 1347 Brookdale Mall Brooklyn Center, MN 55430 Brooklyn Center Beverage, Inc. (Holiday Inn) dba/ Remington's 1501 Freeway Blvd Brooklyn Center, MN 55430 Chi- Chi's, Inc. dba/ Chi -Chi's Mexican Restaurante 2101 Freeway Boulevard Brooklyn Center, MN 55430 Davidson Hotel Properties dba/ Hilton Hotel 2200 Freeway Boulevard Brooklyn Center, MN 55430 Earle Brown Bowl, Inc. Madden, James E. dba/ Earle Brown Bowl 6440 James Circle North Brooklyn Center, MN 55430 GR of Minnesota, Inc. • dba/ The Ground Round 2545 County Road 10 Brooklyn Center, MN 55430 Class B On -Sale Intoxicating (50% to 79% food) & Sunday -continued: TGI Friday's of NIN, Inc. • dba/ T.G.I. Friday's 2590 Freeway Blvd Brooklyn Center, MN 55430 Class C On -Sale Intoxicating (40% to 49% food ) & Sunday• Steven J. Nelson, Inc. dba/ Lynbrook Bowl 6357 North Lilac Drive Brooklyn Center, NIN 55430 Class F & Sunday On -Sale Intoxicating Liquor License D'Amico's Catering, Inc. dba/ D'Amico Catering at Earle Brown Heritage Center 6155 Earle Brown Drive Brooklyn Center, MN 55430 • On-Sale Club Intoxicating Liquor License Duoos Bros. American Legion, Post 630 dba/ American Legion 4307 70th Avenue North Brooklyn Center, MN 55429 On -Sale Wine Licenses Dayton's Iron Horse Liquors, Inc. dba/ Dayton's Brookdale Inn 1100 Brookdale Center Brooklyn Center, NIN 55430 Denny's, Inc. dba/ Denny's Restaurant #1284 3 901 Lakebreeze Avenue North Brooklyn Center, MN 55429 On -Sale Wine Licenses (continued) • Fuddruckers, Inc. dba/ Fuddruckers 5800 Shingle Creek Pkwy Brooklyn Center, NIN 55430 Jack Shubert dba/ 50's Grill 5524 Brooklyn Boulevard Brooklyn Center, MN 55429 Yun's Restaurant Inc. dba/ Denny's #6887 6405 James Circle Brooklyn Center, MN 55430 On -Sale 3.2 Malt Liquor Licenses: Donald G. Campagne dba/ Beacon Bowl 6525 West River Road Brooklyn Center, NIN 55430 Donald Castleman dba/ Chuckwagon Grill 1928 57th Avenue North Brooklyn Center, NIN 55430 City of Brooklyn Center Centerbrook Golf Course & Central Park 6301 Shingle Creek Parkway Brooklyn Center, NIN 55430 Davanni's, Inc dba/ Davanni's Pizza and Hot Hoagies 5937 Summit Drive Brooklyn Center, NIN 55430 Dayton's Iron Horse Liquors, Inc dba/ Dayton's Brookdale Inn 1100 Brookdale Center Brooklyn Center, MN 55430 On-Sale 3.2 Malt Liquor License (continued. Denny's Inc. • dba/ Denny's Restaurant # 1284 3901 Lakebreeze Avenue North Brooklyn Center, MN 55429 Fuddruckers, Inc. dba/ Fuddruckers 5800 Shingle Creek Pkwy Brooklyn Center, MN 55430 Jeffrey Krueger dba/ Daddy -O's Cafe 6219 Brooklyn Boulevard Brooklyn Center, MN 55429 Scoreboard Pizza, Inc. dba/ Scoreboard Pizza 6816 Humboldt Avenue North Brooklyn Center, MN 55430 Jack hu S bert dba/ 50's Grill 5524 Brooklyn Boulevard Brooklyn Center, MN 55429 Yun's Restaurant Inc. dba/ Denny's #6887 6401 James Circle Brooklyn Center, MN 55430 Off -Sale 3.2 Malt Liquor Licenses Jerry's Enterprises, Inc. dba/ Jerry's New Market Brookdale 5801 Xerxes Avenue North Brooklyn Center, MN 55430 • Off -Sale 3 2 Malt Liquor Licenses (continued) Fleming Companies, Inc. • dba/ Rainbow Foods 6350 Brooklyn Blvd Brooklyn Center, MN 55429 SuperAmerica Group Div of Ashland Oil, Inc. dba/ SuperAmerica #4160 6545 West River Road Brooklyn Center, NIN 55430 SuperAmerica Group Div of Ashland Oil, Inc. dba/ SuperAmerica #4058 1901 57th Avenue North Brooklyn Center, MN 55430 License Totals: Class A =1, B = 7, C =1, F =1, Wine = 5, Club= 1, On-Sale= 11, Off -Sale = 4 Total Licenses = 31 liglicAicensee.lst 9/97 BROOKLYN CENTER � pOYMCFNTF9 POLICE DEPARTMENT POLICE MEMORANDUM TO: Scott Kline, Chief of Police FROM: Kim Heiser, Staff Services Supervisor ro DATE: November 19, 1997 SUBJECT: Annual Liquor License Report The following is a summary of all police activity involving those business establishments within the City of Brooklyn Center possessing intoxicating liquor licenses, classes A through F, Wine, On -Sale Club, On -Sale 3.2 Malt Liquor and Off -Sale 3.2 Malt Liquor. The reporting period is November 1, 1996 through October 31, 1997. Any establishment not specifically mentioned had no calls for service. None of the calls listed were related to violations of city ordinance or state statutes by employees of the respective establishments. CLASS A: On -Sale Intoxicating Liquor License (80 % or greater food) & Sunday The Olive Garden Italian Restaurant - 1601 James Circle North Total calls for service: 28 Aid and Assist 1 Alarms 2 Found Property 2 H &R Property Damage Acc 1 Lockout 6 Motor Vehicle Theft 1 Suspicious Activity 2 Theft 13 • CLASS B: On -Sale Intoxicating Liquor License (50 -79% or greater food) & Sunday A =Iebees - 1347 Brookdale Center • Total calls for service: 53 Aid & Assist 10 Assault 5 Forgery 1 Lockout 5 Miscellaneous Public 15 Poperty Damage Accident 1 Suspicious Activity 4 Theft 11 Vandalism 1 Brooklyn Center Beverage (Remin,g on's) - 1501 Freeway Blvd Total calls for service: 81 Aid & Assist 4 Alarms 9 Disorderly Conduct 1 Drugs 2 Fire 3 Forgery 1 Misc Public 30 Motor Vehicle Theft 2 Sex Offense 1 Suspicious Activity 10 Theft 13 Traffic Accidents 3 Vandalism 1 Weapons 1 Chi Chi's - 2101 Freeway Blvd Total calls for service: 35 Aid & Assist 4 Alarms 1 Fight 1 Fire 2 CLASS B Continued (Chi Chi's) Forgery 1 • H &R Property Damage Accs 2 Lockout 3 Misc Public 7 Suspicious Activity 3 Theft 7 Vandalism 4 Earle Brown Bowl - 6440 James Circle N Total calls for service: 119 Aid & Assist 13 Alarms 2 Assault 14 Disorderly Conduct 1 Disturbing Peace 5 Domestic 1 Drugs 1 Fight 6 • Forgery 1 H &R Prop Damage Acc 7 Lockout 3 Misc Public /All Other 26 Motor Vehicle Theft 3 Property Damage Accidents 4 Suspicious Activity 7 Theft 18 Vandalism 7 The Ground Round - 2545 County Road 10 Total calls for service: 34 Aid & Assist 4 Alarms 2 Assault 1 Disturbing Peace 2 • Forgery 2 Lockout 4 Misc Public 10 CLASS B Continued (Ground Round) Suspicious Activity 2 • Theft 4 Traffic Accidents 2 Vandalism 1 Hilton Hotel - 2200 Freeway Blvd Total calls for service: 120 Aid & Assist 17 Alarms 7 Assault 11 Driving Violations 11 Disturbing Peace 3 Fight 6 Fire 3 Forgery 2 H &R Property Damage 9 Lockout 23 • Misc Public 71 Motor Vehicle Theft 1 Suspicious Activity 19 Theft 38 Traffic Accidents 2 Vandalism 6 Weapons Offense 1 TGI Fridays - 2590 Freeway Blvd Total calls for service: 57 Aid & Assist 2 Alarms 27 Driving Violations 4 Disturbing Peace 1 Fire 1 Forgery 1 H &R Property Damage 2 • Lockout 3 Misc Public 5 Theft 8 CLASS B Continued (TGI Friday's) Traffic Accidents 1 • Vandalism 2 CLASS C: On -Sale Intoxicating Liquor License (40 -49 %r greater food) & Sunday Lynbrook Bowl - 6357 N Lilac Drive Total calls for service: 62 Aid & Assist 5 Alarms 3 Assault 3 Burglary 3 Disorderly Conduct 1 Domestic 1 Forgery 1 H &R Property Damage Accident 1 Lockout 3 Misc Public 13 • Motor Vehicle Theft 2 Obstruct Justice 1 Suspicious Activity 6 Theft 11 Traffic Accident 2 Vandalism 6 CLASS F: On -Sale Intoxicating Liquor License & Sunday D'Amico's Catering At Earle Brown Heritage Center Total calls for service: 26 Aid & Assist 4 Lockout 11 Misc Public 4 Property Damage Accident 1 Suspicious Activity 1 Theft 4 • Vandalism 1 ON SALE CLUB Intoxicating Liquor License Duuos Brothers American Legion Pot 630 • Total calls for service: 6 Alarms 3 Misc Public 2 Suspicious Activity 1 ON -SALE WINE & 3.2 Malt Liquor Denny's - 3901 Lakebreeze Ave Total calls for service: 37 Aid & Assist 2 Drugs 1 Forgery 1 H &R Property Damage 3 Lockout 9 • Misc Public 12 Theft 6 Traffic Accident 2 Vandalism 1 Fuddruckers - 2800 Shingle Creek Pkwy Total calls for service: 36 Aid & Assist 1 Alarms 20 Disturbing Peace 1 Fire 2 H &R Property Damage 1 Kidnapping 1 Lockout 2 Misc Public 5 Robbery 1 Theft 1 • Traffic Accident 1 50's Grill - 5524 Brooklyn Blvd Total calls for service: 13 • Alarms 5 Counterfeit 1 Disturbing Peace 1 H &R Property Damage Acc 1 Lockout 1 Suspicious Activity 3 Traffic Accident - PD 1 Denny's - 6405 James Circle Total calls for service: 36 Fight l Forgery 3 Lockout 1 Misc Public 14 Suspicious Activity 2 . Theft 13 Traffic Accident 1 Vandalism 1 ON -SALE 3.2 MALT LIQUOR Beacon Bowl - 5625 Lyndale Ave N Total calls for service: 1 Lockout 1 Cit of Brooklvn Center /Centerbrook Golf Course & Central Park Total calls for service: 19 Alarms 8 Miscellaneous Public 8 Robbery 1 Suspicious Activity 1 Theft 1 Chuckwagon Grill - 5720 Morgan Ave N Total calls for service: 5 • Alarms 1 Detox 1 Lockout 1 Misc Public 2 Daddy -O's - 6219 Brooklyn Blvd Total calls for service: 5 Assault 1 Misc Public 3 Suspicious Activity 1 Davanni's Pizza & Hot Hoagies - 5937 Summit Drive Total calls for service: 7 • Aid & Assist 1 Miscellaneous Public 3 Suspicious Activity 1 Theft 2 Scoreboard - 6816 Humboldt Ave N Total calls for service: 15 Aid & Assist 1 Assault 1 Fight 1 Forgery 2 Lockout 2 Misc Public 5 Suspicious Activity 1 Theft 2 • OFF -SALE 3.2 MALT LIQUOR Jerrv's NewMarket - 5801 Xerxes Ave N • Total calls for service: 129 Aid & Assist 1 Assault 2 Disturbing Peace 2 DL Violations 1 Drugs 2 Fight 1 Fire 1 Forgery 4 H &R Property Damage Acc 4 Lockout 11 Misc Public 40 Motor Vehicle Theft 2 Robbery 4 Suspicious Activity 9 Theft 38 Traffic Accidents 1 Trespass 1 Vandalism 5 Rainbow Foods - 6350 Brooklyn Blvd Total calls for service: 44 Alarms 9 Lockout 4 Miscellaneous Public 15 Motor Vehicle Theft 1 Suspicous Activity 1 Traffic Accidents 2 Theft 5 Vandalism 7 SuperAmerica (West River Road) • Total calls for service: 180 Aid & Assist 15 OFF -SALE 3.2 MALT LIQUOR continued Alarms 3 • Assault 1 Domestic 2 Driving Violations 5 Fire 4 Forgery 4 H &R Property Damage Acc 1 H &R PI 1 Lockout 21 Misc Public 43 Motor Vehicle Theft 1 Robbery 1 Sex Crimes 1 Suspicious Activity 6 Theft 65 Traffic Accident 5 Weapons Offense 1 Sy perAmerica ,(57th Avenue] • Total calls for service: 103 Aid & Assist 7 Assault 1 Disturbing Peace 3 Driving Violations 2 Fight 1 Fire 2 Forgery 3 H &R Property Damage Acc 3 Lockout 8 Misc Public 21 Robbery 1 Suspicious Activity 3 Theft 44 Threats 1 Traffic Accidents 3 • liq&eimnrpt BROOKLYN CENTER POLICE DEPARTMENT • POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: November 10, 1997 SUBJECT: Pawnbroker Renewal Application - Cash n Pawn On November 10, 1997, the Brooklyn Center Police Department received a Renewal Application for Pawnbroker License from Cash n Pawn which has an establishment located at 1 964 57th Ave N in Brooklyn Center. All necessary documentation was submitted. Because Cash n Pawn's 1997 license was issued for the period May 1 through December 31, 1997 and it was not decided until renewal time to prorate the license, Cash n Pawn was advised that they were to receive a four month credit ($4,000) towards_ their 1998 license. Cash n Pawn submitted $8,000 for their 1998 license thus reflecting a $4,000 credit for the period January 1 through April 30, 1997. A calls for service report was run for the period May 1 through November 21, 1997 and is attached. For the time period May 1 through November 21, 1997 there were 22 calls for service: Alarms - 8 Confiscated Property - 1 Found Property - 1 Misc Public - 9 Theft/Theft Related - 3 This application should be put on the city council agenda for review. Scott Kline Chief of Police • SK:kh cashW -1 .mem CASH N PAWN 5/97 TO 11/21/97 MON, NOV 24, 1997, 2:47 PM CALL -DESCR CASE -NO -------------------------------------------------------------------------------- S 8 IS PROP 1 F ,ND PROP 1 LOCAL RECUR. 3 MISC PUBLIC 6 THEFT 2 THEFT RELATED 1 22C • PROCEDURE EXECUTION INFORMATION Pro'ciEdure- name: 'TYPE (C) ._User LINKUP.BC,C tom user » profile , $ COPS Run. date: 24 -NOV -1997 Started Finished at: 14:46:28.6 Elapsed time: 00:00:19.1 CPU time: 00:00:11.1 Records read: 73494 Records selected: 22 Records written: 8 Selection values: YM : 11 9705" TO "9711" and DISPLAY -LOC : 11 1964 57 @" • N BROOKLYN CENTER GU Y �rF9 POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline DATE: December 8, 1997 SUBJECT: New Liquor License / Class B and Sunday On -Sale Intoxicating Liquor License AMF Bowling Centers, Inc. dba/AMF Earle Brown Lanes, 6440 James Circle AMF Bowling Centers, Inc. has applied for a Class B and Sunday On -Sale Intoxicating liquor license for the establishment that is currently the Earle Brown Bowl. They are purchasing the property from owner James Madden who now holds the liquor license. AMF will be the license holder as of January 1, 1998 and Mr. Madden will work as on -site manager until January 7, 1998. AMF is a corporation doing business in good standing with the State of Minnesota. Corporate offices are located in Mechanicsville, Virginia. The parent corporation is AMF Bowling Centers Holdings, Inc. They plan to purchase several other bowling establishments in the Minneapolis/ St. Paul area. Nothing was found in the background investigation that would preclude AMF from being issued a liquor license. All appropriate fees have been submitted along with all required documentation. It is requested that the Brooklyn Center City Council approve a Class B and Sunday On -Sale Intoxicating liquor license. 97amfl.mem • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON- SALE INTOXICATING LIQUOR LICENSE TO AMF BOWLING CENTERS, INC DBA/AMF EA i E BROWN LANES WHEREAS, AMF Bowling Centers, Inc. dba/AMF Earle Brown Lanes, has applied for a Class B and Sunday On -Sale Intoxicating liquor license for its establishment located at 6440 James Circle within the City of Brooklyn Center; and WHEREAS, AMF Bowling Centers, Inc. is a corporation in good business standing with the State of Minnesota; and WHEREAS, AMF Bowling Centers, Inc. has submitted all appropriate fees and necessary documentation for their liquor license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the corporate officers and the corporation itself and nothing was found in that investigation that would preclude the issuance of a liquor license to AMF Bowling Centers, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to AMF Bowling Centers, Inc. dba/AMF Earle Brown Lanes is hereby approved. Date Mayor ATTEST: City 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. • / l7 • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk Jw,LdYt.. DATE: December 11, 1997 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on December 15, 1997: • COURTESY BENCH U. S. Bench Corporation 3300 Snelling venue Minneapolis g � p GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Iten Chevrolet 6701 Brooklyn Boulevard Metropolitan Council Transit Operations 6845 Shingle Creek Parkway Bill West's Service Center 2000 57th Avenue North MECHANICAL SYSTEMS Snell Mechanical, Inc. 8850 Wentworth Avenue South, Bloomington POOL AND BILLIARDS TABLES Chi -Chi's Inc. 2101 Freeway Boulevard Lynbrook Bowl 6357 Lilac Drive North PUBLIC DANCE Davidson Hotel Co. d/b /a Minneapolis North Hilton 2200 Freeway Boulevard Licenses -2- December 11, 1997 RENTAL DWELLINGS Initial: Nicole Adams 4702 68th Avenue North Philip Clover 6331- 6401 -6425 Beard Avenue North Renewal: Germaine Pawelk 4201 Lakeside Avenue North #206 Byron and Nancy Mach 4708 -4712 Twin Lake Avenue North Karen Barton and Dan Whipp 5127 East Twin Lake Boulevard TOBACCO RELATED PRODUCTS Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Municipal #1 1500 69th Avenue North Brooklyn Center Municipal #2 6250 Brooklyn Boulevard Brooklyn Center Municipal #3 1966 57th Avenue North Duoos Brothers American Legion Post No. 630 4307 70th Avenue North Jerry's New Market 5801 Xerxes Avenue North • Lynbrook Bowl 6357 Lilac Drive North Davidson Hotel Company d/b /a Minneapolis North Hilton 2200 Freeway Boulevard Neil's Conoco 1505 69th Avenue North Fleming Companies, Inc. d/b /a Rainbow Foods 6350 Brooklyn Boulevard City Brooklyn y f o yn Cente r A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk a�w� DATE: December 9, 1997 SUBJECT: An Ordinance Amending Chapters 11, 12, 13, and 23 of the City Ordinances; Replacing the Term "Nonintoxicating" with "3.2 Percent Malt" This item was first read on November 24, 1997; published in the official newspaper on December 3, 1997; and is offered this evening for a second reading and public hearing. As required by State Statutes, this ordinance amendment replaces the term "nonintoxicating" with "3.2 percent malt." • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER Notice is hereby given that y g n at a public hearing will be held on the 15th day of December, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapters 11, 12, 13, and 23 of the City Ordinances; replacing the term "nonintoxicating" with "3.2 percent malt." Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11, 12, 13, AND 23 OF THE CITY ORDINANCES; REPLACING THE TERM "NONINTOXICATING" WITH "3.2 PERCENT MALT" THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: ?4^?41?4TE)X4G T-1NG, 3.2 PERCENT MALT LIQUORS Section 11 -101. DEFINITION OF TERMS. Subdivision 2. "Beer" or "mriiivaxieafing 3.2 perce nt malt liquor" means any malt beverage with an alcoholic content of more than one -half of one per cent by volume and not more than three and two- tenths percent by weight. Section 11 -104. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application. for any on -sale or off -sale itottinfaxieatiitg 3.2 percent malt liquor license, the applicant shall file with the chief of police proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year. Section 11 -106. GRANTING OF LICENSE. • Subdivision 4. Licensed premises who are granted both on -sale wine and on -sale ttaFrteNieated 3.2 percent malt liquor licenses by the city council are authorized to sell beer with an alcohol content in excess of 3.2 percent. ORDINANCE NO. Section 11 -107. PERSONS INELIGIBLE FOR LICENSE. 2. Who has, within the past five years, been convicted of a felony, or any law of this state or local ordinance relating to the manufacture, transportation or sale of nenintaxieaAing 3.2 percent malt or of intoxicating liquors. Section 11 -112. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is unlawful for any: Subdivision 1. Licensee or his employee to permit any person under the age of 21 years to consume nenrintaxieating 12 percent malt liquor on the licensed premises. Subdivision 2. Person to procure nettintexing 3.2 percent malt liquor for any person under the age of 21 years. Subdivision 3. Person to induce a person under the age of 21 years to purchase or procure nottintaxieat 3.2 percent malt liquor. Subdivision 4. Person under the age of 21 years to misrepresent his age for the • purpose of obtaining nettintexieat irrg 3.2 percent malt liquor. Subdivision 5. Person under the age of 21 years to consume any iteniftfON4eat* 3.2 percent malt liquor. Subdivision 6. Person under the age of 21 years to possess any nonititexieat ng 3.2 percent malt liquor with intent to consume it at a place other than the household of his parent or guardian. Subdivision 8. Person under the age of 21 years to consume any intoxicating liquor or mt4itteN4eatiftg 3.2 percent malt liquor unless in the household of his or her parent or guardian and with the consent of his or her parent or guardian. Section 2. Chapter 12 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 12 -911. CONDUCT ON LICENSED PREMISES. 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following • activities occur: d. The unlawful sale of intoxicating or wing 3.2 percent malt liquor. ORDINANCE NO. • Section 3. Chapter 13 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 13 -103. ALCOHOLIC BEVERAGES PROHIBITED. No person shall bring into any park nor possess, display, consume or use intoxicating liquors nor nenintexieating 3.2 ep rcent malt liquors in any park unless a permit has been issued by the director of recreation. Such permits shall be limited to duly organized local.organizations operating under a constitution and bylaws and which shall have been in existence for at least one year. Section 4. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 23 -301. LICENSE REQUIRED. No person shall conduct or permit public dancing in any public establishment within which intoxicating liquor or nattintexieffiting 3.2 ep rcent malt liquor is licensed to be sold or consumed unless a public dance license shall have been issued by the City Council. Licenses shall be issued for one (1) year periods expiring December 31. The annual fee for a public dance license shall be as set forth by City Council resolution. Section 23 -2109. LOCATION OF AMUSEMENT DEVICES. B. Licensed amusement devices shall be allowed to be located as secondary or incidental uses in the following commercial establishments: 1. establishments holding an on -sale nenintexieati rg 3.2 percent malt liquor license, an on -sale intoxicating liquor license, an on -sale wine license or an on -sale club license. Section 5. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1997. i Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) S� MEMORANDUM DATE: December 10 1997 TO: Michael I McCauley, City Manager FROM: Diane Spector, Director of Public Service P SUBJECT: An Ordinance Relating to Regulation of Public Right -of -way; Adding New Sections 25- 1000 Through 25 - 1032 to the Brooklyn Center Code of Ordinances Attached are two copies of the proposed ordinance regulating the use of right -of -way. The blue copy (where the text is not underlined except where changes are proposed from the first reading version of the ordinance) is a "marked up" version showing the proposed amendments to the ordinance, and the green copy (where all the text is underlined) is a proposed final version of the ordinance. This item was first read on October 14, 1997. The second reading and public hearing was first considered at the November 10, 1997 meeting, when it was tabled until December 15, 1997 for second reading and a public hearing. The ordinance was tabled to provide sufficient time to address utility concerns about the proposed ordinance. Although the ordinance is essentially the League of Cities /City Engineers Association model ordinance, there are number of issues which are still under debate. There is now a technical committee convened by the Public Utilities Commission, with industry, League, and engineer representatives, which continues to debate various provisions. This technical committee reviewed and has made changes to the model ordinance, and has turned now to debating more technical issues such as standard specifications for pavement restoration, computation methods for the various fees, etc. Many of the changes shown on the blue copy of the ordinance simply reflect changes in the League model. City Attorney Charlie LeFevere and I recommend adopting these changes to be consistent with the model. Other changes are noted as "suggested by reviewer." These indicate language that was: suggested by NSP or Minnegasco; developed by staff to address NSP or Minnegasco concerns; or developed by staff as a compromise position. The City Attorney and I recommend adopting these changes as they generally provide either clarification or flexibility for franchised utilities. US West responded to the ordinance with a letter recognizing the City's right to enact such an ordinance, but encouraging the City to table adoption of a final ordinance until the PUC has issued a final ruling, which will be sometime next year. We have received no comments from cable TV or any other potentially regulated person. • U S WEST, Inc. M1 California Stmak Suits 5100 Cemer, Colorado 80202 303 6'2-2823 Fea4nUe 303 295 -7049 Victoria Aguilar SeNar AnoMay November 10, 1997 City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Ci of Brooklyn Center Proiposed Ordinance Relatin to Regulation of Public Rieht of -wa . Dear City Council Members: U S WEST supports the City's authority to manage the public right -of -way through its permitting process and recognizes the city's right to police the right -of -way for health and safety reasons. U S WEST also agrees that the efficient management of the public right -of -way is an important function of local government, To that end the City of Brooklyn Center has a lawful right to, by ordinance, manage the use of the public right -of -way under Minn. Stat. § 237.163. However, in light of the 1IXEmesota Public Utilities Commission's negotiated rulemaking regarding right -of -way and the Advisory Task Force on proposed right -of -way rules and recommended terms for a model ordinance (Docket No. U-999/R-97-902), U S WEST believes it is premature for the City of Brooklyn Center to propose an ordinance. An attempt to pass an ordinance prior to the final ruling by the Commission in this docket would likely be fruitless and could prove to be objectionable. U S WEST strongly encourages the City to table its ordinance until the Commission has issued its final ruling. yours, Vi ria T. Aguilar CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of November, 1997, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 25 regarding the regulation of the use of public right of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY; ADDING NEW SECTIONS 25 -1000 THROUGH 25- 1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Chapter 25 of the City Ordinances of the City of Brooklyn Center is amended by adding new sections 25 -1000 through 25 -1032 as follows: RIGHT OF WAY MANAGEMENT Section 25 -1000. Findings and Purpose. To provide for the health, safety and well -being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights -of -way, the City strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation. Right -of -way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce Persons whose equipment is within the right -of -way are the primary cause of these frequent obstructions. The City holds the rights -of -way within its geographical boundaries as an asset in for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights -of -way. It also recognizes that some persons, by placing their equipment in the right -of -way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. In response to the foregoing facts, the City has enacted this Right -of -Way Management Ordinance relating to right -of -way permits and administration. This Ordinance imposes reasonable regulations on the placement and maintenance of equipment currently within its rights -of -way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this Ordinance No. ordinance, persons disturbing and obstructing the rights -of -way will bear a fair share of the financial responsibility for their integrity. Finally, this Ordinance provides for recovery of out -of- pocket and projected costs from persons using the public rights -of -way: Section 25 -1001. Definitions. The following definitions apply to the Right -of -Way Management Ordinance of this Code. Unless su ed in a context which indicates otherwise Defined terms remain defined terms whether or not capitalized. Comment: Clarification suggested by a reviewer. (a) "Applicant" means any person requesting permission to excavate or obstruct a right -of -way. (b) "City" means the City of Brooklyn Center, Minnesota. For purposes of Section 25 -1026, city includes its elected officials, officers, employees and agents. (c) "City Cost" means the actual cost incurred by the City for public rights -of -way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right -of -way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right -of -way work; providing traffic control due to applicant's neglect or inadequate performance; determining the adequacy of right-of-way restoration; restoring work inadequately performed; and revoking right -of -way permits and performing all other tasks required by this Right of Way Management Ordinance, including other costs the city may incur in managing the provisions of this Right of Way Management Ordinance. (d) "Delay Pen&y" meam t e eft i=osed as a result of unreasonable delays in right-of-way construction. Comment: Reflects change in the League model ordinance. What was formerly termed a "disruptive fee" is now agreed to be termed a "delay penalty. " (,g). "Department" means the Department of Public Works of the City. (ef) "Department Inspector" means any person authorized by the Director to carry out inspections related to the provisions of this Right of Way Management Ordinance. (fg) "Director" means the City Manager, or her or his designee. Comment: See "delay penalty" above. 2 Ordinance No. (h) "Emergency means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. (1) "Equipment" means any tangible , . asset used to install, repair, or maintain facilities in any right -of -way. Comment. Reflects change in the League model ordinance. 0) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right -of -way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. (k) "Excavation Permit" means the permit which must be obtained before a person may excavate in a right -of -way. An excavation permit allows the holder to excavate that part of the right of way described in such permit. (1) "Excavation Permit Fee" means money paid to the City by an applicant to cover the costs as provided in Section 25 -1009. (in) "Facility" means =tangible asset in the right-of-way required to provide Utility Service but shall not include- boulevard plantings or grardens planted or maintained in the right of way between a person's property and the street edge or curb Comment. Reflects change in the League model ordinance (n2 "In," when used in conjunction with "right -of- way," means over, above, in, within, on or under a right -of -way. (ttg) "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Right -of -Way Management Ordinance. (ep) "Obstruct" means to place any object in a right -of -way so as to hinder free and open passage over that or any part of the right -of -way. (pq) "Obstruction Permit means the permit which must be obtained before a person may obstruct a right -of -way, allowing the holder to hinder free and open passage over the specified portion of that right -of -way by placing equipment described therein on the right -of -way for the duration specified therein. (qr) "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 25 -1009. 3 Ordinance No. (1-5) "Permittee" means any person to whom a permit to excavate or obstruct a right -of - -way has been granted by the City under this Right of Way Management Ordinance. (el) "Person" means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipment in any right -of -way. 0m "Registrant" means any person who (1) has or seeks to have its equipment located in any right -of -way, or (2) in any way occupies or uses, or seeks to occupy or use, the right -of -way or any equipment in the right -of -way. (tty) "Repair" means the temporary construction work necessary to make the right -of -way useable for travel. (vw) "Restoration Bond" means a performance bond, a letter of credit, er cash deposit or other form of se curity posted to ensure the availability of sufficient funds to assure that right -of -way excavation and obstruction work is completed in both a timely and quality manner. Comment suggestion by a reviewer. *0 "Restore or Restoration" means the process by which an excavated right -of -way and surrounding area, including pavement and foundation, is returned to the same condition that existed before the commencement of the work. (3ty-) "Restoration Cost" means an amount of money paid to the City by a permittee to cover the cost of restoration. (yz) "Right -of- Way" means the surface and space above and below a right -of -way for public roadway, highway, street, cartway, bicycle lane and public sidewalk purposes in which the City has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. ( "Right -of -Way Management Ordinance" means Sections 25 -1000 through 25 -1032 of this Code. (fib) "Right -of -Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this Right -of -Way Management Ordinance. (bbQ0 "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. § 21613.02, subds. 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minn. Stat. § 300.03; (4) the services provided by a district heating or cooling system, and (5) cable communications systems as defined in Minn, Stat. Chap. 238. 4 Ordinance No. (ee�Jl "Supplementary Application" means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that has already been issued. ( "Telecommunication Rights -of -Way User" means a person owning or controlling a facility in the public right -of -way, or seeking to own or control a facility in the public right -of -way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Right-of-Way Management Ordinance a cable communication system defined an regulated g Y g y d under Minn. Stat. Chap. and telecommunication activities related to providing natural as or electric energy P P g g g3' services are not telecommunications right -of -way users. (eef "Unusable Equipment" means equipment in the right -of -way which has remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the equipment. Section 25- 1002. Administration. The City Manager is the principal City official responsible for the administration of the rights -of -way, right -of -way permits, and the ordinances related thereto. The Manager may delegate any or all of the duties hereunder. Section 25 -1003. Registration and Right -of -Way Occupancy. Subd. 1.- Registration. Each person who occupies, uses, or seeks to occupy or use, the right -of -way or any equipment in the right -of -way, including by lease, sublease or assignment, or who has, or seeks to have, equipment in any right -of -way must register with the Director. Registration will consist of providing application information and paying a registration fee. A person who pays a franchise fee to the City in accordance with a franchise greement shall be exempt from the payment o f p e rm it fees if so provided in the franchise If the work is to be performed by an ag& t contractor or subcontractor n behalf of a registrant_ such ap lication shall alsq be signed or pre-authorized y the registrant. Comment: Suggestion by a reviewer. First added sentence clarifies City's intent when this ordinance and a franchise agreement conflict or appear to conflict. Subd. 2. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof in any right -of -way without first being registered with the Director. Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right -of -way between their property and the street curb provided and such use is subject to the use of the Qg t-of way by the City or other Persons for i nstallation and maintenance of facilities Persons planting or maintaining boulevard plantings or gardens or installing or operating irrigation systems shall not be deemed to use or occupy the right -of -way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Right-of- 5 Ordinance No. Way Management Ordinance. However, excavations deeper than 12 inches are subject to the permit requirements of section 25 -1006. Registration shall not be required for private driveways or walkways, sewer and water connections serving individual properties or equipment of a private landowner which is within the right -of -way and between that owner's property and the street curb; however such activities are not exempt from permitting requirements of section 25 -1006. AU Service or Utility Service provided by a person _under a franchise with the City hs all register pan to this section. but need not provide the registration information requircd by Section 25 -1004 if such information has been received by the City in the administration of the franchise agreement_ In addition Persolis acting as age nts god actors or mbcon actors for a registrant which has propgrly registered or who is exempt frgM registration shall be exempt from registering under Section 25 -1004 Comment. suggestions from a reviewer. The first added sentence reminds persons planting or using the right -of -way for exempted purposes such as an irrigation system that they are an allowed use on boulevard which is reserved primarily for other purposes such as utility placements. The sentences at the end are intended to relieve franchised utilities from some of the paperwork burden of annually registering, but do not relieve franchised utilities or their agents from obtaining the proper excavation permits. Section 25 -1004. Registration Information. Subd. 1 Information Required. The information provided to the Director at the time of registration shall include, but not be limited to: (a) Each registrant's name, Gopher One -Call registration certificate number, address and e-mail address P g if applicable, and telephone and facsimile numbers. (b) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (c) Such other information as the City may require including, but not limited to, proof of adequate public liability insurance. Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Section 25 -1005. Reporting Obligations. Subd. 1. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of 6 Ordinance No. rights -of -way. Reporting shall not be required for projects which are to be undertaken only in conjunction with city projects. The plan shall include, but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this section, a "Next -year Project "); and (b) The tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five Year " Project J ) The term "project" in this section shall include both Next -year Projects and Five -year Projects. By January 1 of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed in the annual plans. All registrants are responsible for keeping themselves p informed of the current status of this list. g Thereafter, by February 1, each registrant may change any Project in its list of Next -year Projects, and must notify the Director and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a Next -year Project of another registrant listed by the other registrant. Subd. 2. Additional Next -year Projects. Notwithstanding the foregoing, the Director may, for good cause shown allow a registrant g strant to submit additional Next-year Projects. Good cause includes but is not limited Y J to, the criteria set forth in Section 25 -1014 concerning the discretionary issuance of permits. Section 25 -1006. Permit Requirement. Subd. 1. Permit Required. Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right -of -way permit from the Director to do SO. (a) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right -of -way described in such permit and to hinder free and open passage over the specified portion of the right -of -way by placing equipment described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the cified po rtion of right-of-way 1 � po g y by placing equipment described therein on the right-of- -way, to the extent and for the duration specified therein. An Obstruction Permit is not required if a Person al_readv possesses a valid Excavation Permit for the same work period Comment. Reflects change in the League model ordinance. Subd. 2. Permit Extensions. No person may excavate or obstruct the right -of -way beyond the date or dates specified in the permit unless such person (I) makes a supplementary application for another 7 Ordinance No. right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted Subd. 3. Disruptive Fee- Day Penalty. Notwithstanding subd. 2 of this section, even if a new permit or permit extension is granted, the Director shall establish and impose a disruptive fee as it ei-vil pertaity delay , penalty for unreasonable delays in right -of -way excavation, obstruction, repair, or restoration. Comment: Reflects change in the League model ordinance. Subd. 4. Permit Display. Permits issued under this Chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the Director Section 25- 1007. Permit Applications. Application for a permit is made to the Director. Right -of -way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (a) Registration with the Director pursuant to this Chapter; (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the specific location and area of the proposed project and the detailed location of all existing and proposed equipment; (c) Payment of all money due to the City for (1) permit fees and costs, (2) prior obstructions or excavations; (3) any un idisMed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights -of -way or any emergency actions taken by the City; (4) franchise fees, if applicable. Comment: Reflects change in the League model ordinance (d) When an excavation permit is requested for purposes of installing additional equipment, and the posting of a restoration bond for the additional equipment is insufficient, the posting of an additional or larger restoration bond for the additional equipment may be required. Section 25 -1008. Issuance of permit; conditions. Subd. 1. Permit Issuance. If the Director determines that the applicant has satisfied the requirements of this Chapter, the Director may loll issue a permit. 8 Ordinance No. Comment: suggestion by a reviewer. Subd. 2. Conditions. _ The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right -of -way, to protect the property and safety of other users of the right -of -way, and to minimize the disruption and inconvenience to the traveling public. Section 25 -1009. Permit Fees. Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the Director in an amount srrf ieient de signed to recover the City Management costs. Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the director and shall be in an amount mffleient designed to recover the City Management cost. Comment: Reflects changes in the League model ordinance Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without , payment of such fees before the issuance of such a permit. Subd. 4. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 25 -1019 are not refundable. Subd. 5. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely for city management, construction, maintenance and repair costs of the right-of-way. Section 25 -1010. Right -of -Way Repair and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the repair and restoration of the right -of -way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done as determined by the Director because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 25- 1003. In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for twelve (12) months following acceptance by the city. Subd. 2. Repair and Restoration. Permittee shall repair its own work. In addition, in its application for an excavation permit, the permittee may choose either to have the City restore the right -of -way or to restore the right -of -way itself. 9 Ordinance No. (a) City Restoration. If the permittee chooses to have the City restore the right -of - -way, it shall pay the costs thereof within thirty (30) days of billing. If, during the twelve (12) months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said pavement. The Manager may require the permittee to provide a payment bond or prepay the estimated costs of such restoration, the unused portion of which shall be returned to the permittee. (b) Permittee Restoration. If the permittee chooses to restore the right -of -way itself, it shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right -of -way to its pre- excavation condition. If, twelve (12) months after completion of the restoration of the right -of -way, the Director determines that the right -of -way has been properly restored, the surety on the restoration bond shall be released. Permittees with whom the City has a current ftanchise agreement or authorized agents- contractors or 21bc&=rs of that franchise shall not be required to post a restoration bond Comment: suggestion by reviewer. Subd. 3. Standards. The permitted shall perform repairs and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case -by -case basis. The Director in exercising this authority shall be guided by the following standards and considerations. (a) The number, size, depth and duration of the excavations, disruptions or damage to the right -of -way; (b) The traffic volume carried by the right -of -way; the character of the neighborhood surrounding the right -of -way; (c) The pre- excavation condition of the right -of -way; the remaining life expectancy of the right -of -way affected by the excavation; (d) Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right -of -way that would otherwise result from the excavation, disturbance or damage to the right -of -way; and (e) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right -of -way that would otherwise take place. Subd. 4. Guarantees. By choosing to restore the right -of -way itself, the permittee guarantees its work and shall maintain it for twelve (12) months following its completion. During this 12 -month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force ma}eure . or days when work is prohibited as unseasonal or unreasonable under Section 25- 1013. 10 Ordinance No. Subd. 5. Failure to Restore. If the Permittee fails to restore the right -of -way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right -of -way. If permittee fails to pay as required, the city may exercise its rights under the restoration bond. Section. 25- 1011. Joint Applications. Subd. 1. Joint Application. Registrants may jointly apply for permits to excavate or obstruct the right -of -way at the same place and time. Subd. 2. With City Projects, Registrants who join in a scheduled obstruction or excavation performed by the Director, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the obstruction portion of the permit fee- for that part of the work which falls within the city project construction limits. The obstruction portion of the fee will be required for work which occurs outside of the city project construction limits and for work within such construction limits which is not completed by the city project completion date. Subd. 3. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the Director does not perform, may share in the payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Section 25 -1012. Supplementary Applications. Subd. 1. Limitation on Area. A right -of -way permit is valid only for the area of the right -of -way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (I) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on Dates. A right -of -way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. Section 25- 1013. Other Obligations. Subd. 1. Compliance With Other Laws. Obtaining a right -of -way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other City, County, State, or Federal rules, laws or regulations. A permittee shall comply with all requirements 11 Ordinance No. 4 1 of local, state- and federal laws, including Minn. Stat. §§ 216D.01 -.09 ( "One Call Excavation Notice System "). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right -of -way pursuant to its permit, regardless of who does the work. Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the Director, no right -of -way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with Right -of -Way. A permitted shall not so obstruct a right -of -way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles may not be parked within or next to a permit area unless authorized by the Director. The loading or unloading of trucks next to a permit area is prohibited unless specifically authorized by the permit. Section 25 -1014. Denial of Permit. (a) To my person required by Seefiett 25 1903 fe be registered wh@ Itm nef datte so-, (b) To a" persen required by Seefien -25 1905 to Re mt fttmfti report but has Faffed te de ,- (e) For any Next year Prejeet not listed in the eewt.fl6teti - a@; 01' -M. Rjer tminferaAee p! required mtder Beefiett 25 1@95; (e) Tre &" persen wM hft f*Hed widtin the post three (3) years te eemply, or is presendy we ift full er , nmy 12 Ordinance No. (ft) the extent fe whieb right ef-wfty spaee where the permit is setight is ftv&Hftble-, (e) the wailabi4ity of other ieee6efl-9 in the right of way or ift ether righft ef way fer dte equipment of the 1k apphe ft the - rig -of -way; , i , , agaimi the , sttbd. , , ef serviee, ar the develepment prejeet when 9ftid applieeffit wm required te sttbrftit its list ef Next y Pr*ets . Perntits fer A4difietts4 Next yettr Projeets. NetwihSstwtding the provisiem of Seetiett 25 1014, • The Director may deny a pgrmit for failure to meet the requirements and conditions of this Rig t of Way Management Order ce or if the Director determines that denial is nece&% rv protect the health safety and welfare or when neces. ary to protect the Right-of-Way and its current use Comment: Reflects changes in the League model ordinance. 13 Ordinance No. Section 25- 1015. Installation Requirements. The excavation, backfilling, repair and restoration, and all other work performed in the right -of -way shall be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the Director and at a location as required by Section 25 -1021. Section 25 -1016. Inspection. Subd. 1. Notice of Completion. The permittee shall notify the Director upon the completion of the work under any permit and at any stage of the work of the project specified in the permit or standard specifications of the city. Subd. 2. Site Inspection. Permittee shall make the work-site available to the Director and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority of Director. At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well - being of the public. The Director may issue an order to the registrant for any work which does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the registrant shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Section 25- 1019. Section 25 -1017. Work Done Without a Permit. Subd. 1. Emergency Situations. Each registrant shall immediately notify the Director of any event' regarding its equipment which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Right -of- Way Management Ordinance for the actions it took in response to the emergency. If the Director becomes aware of an emergency regarding a registrant's equipment, the Director may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Director may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency. Subd. 2. Non- Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right -of -way must subsequently obtain a permit, pay double the normal fee for said permit, pay double all the other fees required by this Code of Ordinances, deposit with the Director the fees necessary to correct any damage to the right -of -way and comply with. all of the requirements of this Right -of -Way Management Ordinance. 14 Ordinance No. Section 25 -1018. Supplementary Notification. If the obstruction or excavation of the right -of -way begins later or ends sooner than the date given on the permit, permittee shall notify the Director of the accurate information as soon as this information is known. Section 25 -1019. Revocation of Permits. Subd. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any right -of -way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the right -of -way permit; (b) An evasion or attempt to evade any material provision of the right -of -way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) Any material misrepresentation of fact in the application for a right -of -way permit; (edi) The failure to complete the work in a timely manner; unless a hermit extension is obtained or unless the failure to complete work is due to reasons beyond a Permittee's control: or (€g� The failure to correct in a t manner a condition indicated on an order issued pursuant to 'Section 25- 1016. Comment. All the above changes reflect changes in the League model ordinance. Subd. 2. Written Notice of Breach. If the Director determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit. Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the Director with a plan, acceptable to the Director, for its correction. Permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. 15 Ordinance No. Subd. 4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Section 25 -1020. Mapping Data. Subd. 1. Information Required. Except as provided in subd. 2 of this section, each registrant shall provide to the Director information indicating the horizontal and vertical location, relative, to the boundaries of the right -of -way, of all equipment which it owns or over which it has control and which is located in any right -of -way ( "Mapping Data "). Mapping Data shall be provided with the specificity and in the format requested by the Director for inclusion in the mapping system used by the Director. Within six (6) months after the acquisition, installation, or construction of additional equipment or any relocation, abandonment, or disuse of existing equipment, each registrant shall supplement the Mapping Data required herein. Each registrant shall, within six (6) months after the date of passage of this Right -of -Way Management Ordinance, submit a plan to the Director specifying in detail the steps it will take to comply with the requirements of this Section. Said plan shall provide for the submission of all Mapping Data for the City as early as may be reasonable and practical, but not later than five (5) years after the date of passage of this Right-of-Way Management Ordinance. Notwithstanding he foregoing, Ma . Data shall be submitted b all registrants for all equipment which g Mapping Y g is to be installed or constructed after the date of passage of this Right -of - -Way Management Ordinance at the time any permits are sought under these ordinances. After six (6) months after the passage of this Right -of -Way Management Ordinance, a new registrant, or a registrant which has not submitted a plan as required above, shall submit complete and accurate Mapping Data for all its equipment at the time any permits are sought under these ordinances. Subd. 2. Telecommunication Equipment. Information on existing facilities and equipment of telecommunications right -of -way users need only be supplied in the form maintained by the telecommunications right -of -way user. Subd. 3. Trade Secret Information. At the request of any registrant, any information requested by the Director, which qualifies as a "trade - secret" under Minn. Stat. § 13.37(b) shall be treated as trade secret information as detailed therein. With respect to the provision of mapping data, the city may consider unique circumstances from time to time required to obtain mapping data. Section 25- 1021. Location of Equipment. Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or Minna Stat., Sec. 216B.36, or unless existing above- ground equipment is repaired or replaced, new construction and the installation of new equipment and replacement of old equipment shall be done underground or contained 16 s Ordinance No. within buildings or other structures in conformity with applicable codes unless for technical reasons approved by the Director it is not technically amible or prudent to do so. Comment: suggestion by a reviewer. Subd. 2. Corridors. The Director may assign specific corridors within the right -of -way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Director expects will someday be located within the right -of -way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. area where its equipment is leeated, weye dw its assigned pesifien withitt the right , The City may not require the relocation of existing underground facilities exceat in the event the Citv institutes a street improvement project lawfully initiated and conducted by the City on its own behalf which necessarily results 'n a substa tial change of elevation and grade for a particular location In such event. all- utilities shalt be relocated i which minimizes the tecbnical and financial i]Mpact to each utility. The City may establish a high density corridor fof telecommunications facilities in a manner consistent with the rules and regulations of the Minnesota Public Utilities Commission Comment: suggestion by a reviewer. ri0ft it has at law er in equity, ittehtding, bw ne! limited te, abating the rmisenee er taking pessessiett e Subd. 43. Limitation of Space. To protect health and safety, the Director shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right -of -way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the right -of -way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right -of -way, the time of year with respect to essential utilities, the protection of existing equipment in the right -of - -way, and future City plans for public improvements and development projects which have been determined to be in the public interest. 17 Ordinance No. Section 25 -1022. Relocation of Equipment. A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right -of -way whenever the director requests such removal and relocation, and shall restore the right -of -way to the same condition it was in prior to said removal or relocation. The director may make such request to prevent interference by the Company's equipment or facilities with (I) a present or future City use of the right -of -way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require, it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the right -of -way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any right -of -way which has been vacated in favor of a non- governmental entity unless and until the reasonable costs thereof are first paid to the person therefor. Section 25- 1023. Pre- Excavation Equipment Location. In addition to complying with the requirements of Minn. Stat. §§ 216D.01 -.09 ( "One Cali Excavation Notice System ") before the start date of any right -of -way excavation, each registrant who has equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any registrant whose equipment is less that twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation. Section 25 -1024. Carnage to Other Equipment. When the Director does work in the right -of -way and finds it necessary to maintain, support, or move a , registrant's equipment to P rotect it, the Director shall notify representative Y the local r resentative as ` earl as is reasonably possible. The costs associated therewith Y P will be billed to that registrant and must be aid within F thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any equipment in the right -of -way which it or its equipment damages. Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant caused during the City's response to an emergency occasioned by that registrant's equipment. Section 25- 1025. Right -of -Way Vacation. Subd. 1. Reservation on of Right. If the City vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or permittee equipment, the City shall reserve, to and for itself and all registrants having equipment in the vacated right -of -way, the right to install, maintain and operate any equipment in the vacated right -of -way and to enter upon such right -of -way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. 18 Ordinance No. Subd. 2. Relocation of Equipment. If the vacation requires the relocation of registrant or permittee equipment; and (a) if the vacation proceedings are initiated by the registrant or permittee, the registrant or permittee must pay the relocation costs; or (b) if the vacation proceedings are initiated by the city, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the city and the registrant or permittee; or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or permittee, such other person or persons must pay the relocation costs. Section 25 -1026. Indemnification and Liability. Subd. 1. Limitation Liability. By reason of the acceptance of a registration or the grant of a right -of -way permit, the City does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. Subd. 2. Indemnification. By registering with the Director, a registrant agrees, or by accepting a permit under this Chapter, a permittee is required, to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a right -of -way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a right -of -way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right -of -way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. To the extent of M inconsistency between this Section 25 -1026 and any . franchise. the provisions of the franchise shall control Comment: suggestion by a reviewer. Seetiett 25 -1024. F�tftffe Uses. , 1 9 Ordinance No. • Comment. Reflects change in the League model ordinance. Section 25 -1028. Abandoned and Unusable Equipment. Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that the registrant's obligations for its equipment in the right -of -way under this Right -of -Way Management Ordinance have been lawfully assumed by another registrant; or (b) Submit to the Director a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause, the City may, at its option: (1) purchase the equipment; or (2) require the registrant, at its own expense, to remove it; or (3) require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment. Subd. 2. Abandoned Equipment. Equipment of a registrant who fails to comply with subd. 1, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, (I) abating the nuisance (ii) taking possession of the equipment and restoring it to a useable condition or (iii) requiring removal of the equipment the registrant, or the registrant's successor in ( ) b q $ Y interest. Subd. 3. Removal. Any registrant who has unusable and abandoned equipment in any right -of -way shall remove it from that right -of -way during the next scheduled excavation, unless this requirement is waived by the Director. Section 25 -1029. Reservation of Regulatory and Police Powers. permit 44te Gity by the gromfing of Et right of way er by registering a persett ender this Right of Way 7 wit impair permifte mtd the perntined by its aeeeptmee of ft right of way permit or ef regis�tt mder this Right rights , pewer, or otherwise m tkre er the some ffmy be fmm time te time -vested itt er reserved te the Gity, shaN 20 Ordinance No. to seellt powers AdV eeftfliet between dte provisiew ef ft regisatfien er ef ft right 4 way permit md el other present er A Permittee's or meistra_nt's rights areubject to the regulat= and gglice powers of the City to adopt any enforce general ordinances necessary to protect the health safety and welfare of the public. Comment: Reflects changes to the League's model. Section 25 -1030. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Right -of -Way Management Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non - appealable order that any permit, right or registration issued under any portions of this Right -of -Way Management Ordinance is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either parry to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. If a permit, right or registration shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it. Nothing in this Right -of -Way Management Ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. Section 25 -1031. Appeals. Decisions of the Director in the interpretation and enforcement of this Right -of -Way Management Ordinance may be appealed by the applicant, registrant or permittee to the city council by serving written notice of a request for an appeal on the City Manager. The City Manager shall thereupon schedule a public hearing on the appeal before the city council and give notice of the time, place and date of such hearing to the appealing party no less than ten (10) days prior to the hearing. Section 25 -1032. Waiver. The Director may waive any or all requirements of Sections 25 -1003 through 25- 1005, 25 -1006 through 25 -1009, and 25 -1020 if compliance is not deemed to be reasonably necessary, in the discretion of the - Director, to serve the purposes of this Right -of -Way Management Ordinance. The decision of the Director not to waive any such requirement is not subject to appeal to the city council. Waiver of provisions of 21 Ordinance No. • Sections 25 -1003 through 25 -1005 and 25 -1020 may be rescinded by the Director at any time upon written notice to the person subject to the requirement. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1997. Mayor ATTEST: Clerk Date of Publication Effective Date • (Underline indicates new matter, brackets indicate matter to be deleted. 22 • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of November, 1997, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 25 regarding the regulation of the use of public right of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY; ADDING NEW SECTIONS 25 -1000 THROUGH 25- 1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Chapter 25 of the City Ordinances of the City of Brooklyn Center is amended by adding new sections 25 -1000 through 25 -1032 as follows: RIGHT OF WAY MANAGEMENT • Section 25 -1000 Findings and Pulpose, To provide for the he lth safety and well -being of its citizens and to ensure the structural integrity of its streets and ft-==nape use of the rights -of -way. the City strives to keg its rights-of-way in a state of good reair and free from u_nnecessary encumbrances, Although the &=ral V=Mon bears the financial burden for the upke= of the rights-of-way. a pgm®nr case for the early and excessive deterjQMtion of its -of -way is frequent excavation. Ri t -of wax obstruction is a soulce of frustration for merchants business owners and the gei_neral popmlation which must avoid these obstructions or change travel or shop i g plans because of them and has a detrimental effect on commerce Persons whose egipment is within the right -of -way are he rLp 'max cause of these frequent obstructions The City holds the righ - of-wgy within its geog=hicai boundaries as an asset in trust for its citizens The City and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way, It also recognizes that some persons. by placing their equipment ipment in the right-of-way and charging the citizens of the City for goods and services delivered thereby, are Busing this 12r pgay held for the public good Although such ervices are often necessary or convenient for the citizens such persons receive revenue and /or profit through their use of public property In response to the foregoing facts the City has enacted this Right-of-WU M=9ement Right-of-W Ordinance relating to right-of-way permits and administration This Ordin nce imposes reasonable regulations on the • placement and maintenance of equipment currently within its rights of -way or to be placed therein at some future time It is intended to complement the regulatory roles of slate and federal agencies Under this • ..1� f - .- •f + 1. • 1� f•- i. • 1' .1 •� 1 i •i +- c � ), - i !° ft.l - ee1 • , . 1' 1 ' 4e. 1 1 1.•. -! 1 • r 1 - :+ l • • 1l .i` ele • + t t _ ! 111 •' +1 • • ` 1 . e 1#741no • . !'. 1 ° ! 1. • 1_ •1 1 ._!' - _ 1 • U c.l `- i1. - 1 i e_#TroT Me i- •• ! 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Ordinance No. (k) "Excavation Permit" means the permit which must he obtained before a person may excavate in a right-of- -way. An excavation permit allows the holder to excavate that part of the right of way described in such permit. (1) "Excavation Permit Fee" means money paid to the QV by an applicant to cover the costs as provided in Section 25 -1009. (m ) "F"Facility" means any tangible asset in the right-of-way reQuired to provide Utilb Service but shall not include boulevard plantings or gardens planted or maintained in he right of way between a person's propmM and the street edge or curb (n) "In," when used in c niunction with "right-of-way. " means over above in within on or under a right .of-w av (o) "Local Representative" means a local pg_rson or persons_ or deSigace of such person or persons. authorized by registrant to agc l service and to make decisions for that registrant regarding all matters within the scope of this Right -of -Way Management Ordinance (p) "Obstruct" means to pine aM object in a right -of wav so as to hinder free and g=n passage over that or my part of the right -of -wad, I (q) "Obstruction Permit" means the permit which must be obtained beta person may obstruct a rig t- -w v allowing, the holder to hinder free and ol&nn pass ,e over the specified portion of that rl'gii-of -way by placing eQipment described therein on the right- of-y -ay for the duration specified therein (r) "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 25 -1009. 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'• ltM.=,V •�' • • �' • Ordinance No. (1) permit fees and cost (2) prior obstructions or excavation (3)_anv undi5a=d loss_ damage or expense suffered by the City bec�f gnnlicant't nrinr gxcavations or obstructions of the rights-of-way o_r any emergency actions taken by the Cit - . (4) franchise fees. if =licabl (d) When an excavation permit is requested for pu=C o installing additional equipment and the posting of a restoration bond for the additional equipment is insufficient the postiniq of an additional or larger restoration bond for the additiona equipment may be required. Section 25 -1008 Issuance of pe rmit: conditions Subd. 1. Permit Is suance . If the Dire ctor dete rmines that the applicant has satisfied the IgQuireme^ts of t i C apter_ the Director shall issue a permmit Subd 2 Conditio s The Director asonable conditions upon the issuance of the permit and die performance of the =licant thereunder to protect . the _public health safety and welfare to enure he structural integrity of the right� to protect the pr=r -tty and safety of o her users of the rig t-of %U., and to minimize the disruption and inconvenience to the traveling 12ublic Section 25 -1009. Permit Fees Subd, I. Excavation Permit Fee The Excavation Permit Fee shall be established by the Director in an amount designed to recover the City Managcment cost Subd. 2, Obstruction Permit Fee The Obstruction Permit Fee Shall be established by the director and shall be in an amount designed to recover the City Management cost Subd 3 Payment of Permit Fees No excavation permit or obstruction permit shall be issued without payment of such fees before the issuance of such a permit Subd 4 Non refundable Permit fees that were paid fQr a permit that the Director has revoked for a breach as stated in Section 25 -1019 are not refundable Subd. 5. Use of Permit Fees All obs truction and excavation permit fees shall be used solely for city management construction maintenance and repair costs of the right-of-way Section 25 -1010. Right epair and Restoration Subd 1 Timing The work to be done under the excavation permit and the repair and restoration of the ri t -of -way as required herein must be completed within the dates specified in the permit increased by 8 • e e tl :_! •- •)� !" •! • • !- 1'!14 S�ti • ! "I • ' .e. � •1 r. "� 1 -. •�.r 1•- •_4 Ijl •14_�r'1 '!4 • -!- • , a4,S i! !_ 1.2 _4" ', 1 !" . • . .lf _ a '.. e1,• � - f Ue _r_�_E t" r�1 r. _ , 4� _�" • • Si 4 P " y!! S r e r. • . r • ! t -• 1 1 _ . •/ ff *Tig • CM FM Mw U Me • � �'. • •! i' 4' �!!4_S _ Ili• - / 1_• _4_� � _' • - .4" _ 4 !- ' E' 1• ,° -I- 1 _! S, 1 1 � • • . _! _ /. - • • � i , M_r ' � � ► • ' .11 " 1 �!. - U_ e_r. • " " 41- � ' ! 1_ " •`41� S -- • 0 4 �- i. ��-! •`• S • e 9S� _t 14e '• • _ • � •�. •! !' -e Si[4!4 Lr `'41! 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S 4- 44 _ _t •t,1 • I - • W. •. . • _I 4 _l •- -� .f• •1 • • ! 1' 1' '• "41'1_ •- U - -1_I .. �� 1 Ij! � - f.1 • "14 e - • - - r �. - i .1 '_1- • i -. 1 _-'_ •.4_ t• t. "+ 41t` 4 4' f !• Il.• 1' 1• •!_. t• .4e i �. �_ . / :Il1" 4 IMP • • 411 ' 4 • • 414' t - . S 1 t • • • i 4 ... 4• • _� , • •- • ! _I` ".- . 4/ 444 • • ! �: • } • '_! •- e_4t 1.1t _ _ ,� • t �_� t44t i 41• 4 ..• 1• _f �4 • - . U • K• _I. "' _1_ . I IN&M "4 • 1• 1 f' f . ! . /_�_I t _•S 1 •. •� 1 •. Me A IM -t � f f ' 1 ""_ 1•_! 1e /i - i•7_ e ! !" • • - e• �_!' a# '! •1t"( 1 .1" 1'1 • , ,! ! f 83M. 17MIAPI # •_ e_1 ##" ! #= •.f/./ - t s •!. 1_ !' ! ei tt i_._i 7_ • e. i' _!' .c_!1' • _1#1 .!! . IRIPMETTIMNIMM. 1 "! a !" i t'N11.7 gTM # • / 177 • _! •! / •: • 1`_ i • IRYWOM _ • • /' "_ a #. • t" 14t- '" i / - 1" •L � t" •7_ 1 #- 1• 1' • •1 f /"/7i 1 -" � !/- i• �_ -_7th �!- •- � , • 1 __ � • /- •_!. ••tl_� "_ • o ••`.1� •_ •- 1 - i.'. 1 /i1. .7' _7_ _�_ c i t 1 "7. � # •__! 7•_1.� • el" C•_ # -• • z! _ li -! "# 1 "_ _ •-!_— • •. � li __t!'!i7_ t •! � "' '_�. 1 .i /- Z • •. '_ •i •' -- • • 1 -t: m /"4it _1 ! - � 1 • / , 1 ' 11t i ' _ " 1 s! • • - ' _t / ! " i!._L , • # • - ! / � i • c !. 7. Iii_ ' _ •_.. .• •i 7!.•_ #.." �! '•. / •1" .�!_•_I • _ '1 1 • • 1 - � • - 7 # /. 1'i • ` ! t • e f •77 - e1 •ii• _!s• / i• ! , _t • • 1 f 1 '• • 1_# t • °'• ..._77.7 ° - !•7t•' � " �_1 • #�_ -" �_� i. f ._7i tt • 11 R, 7 / 1- ' - _7 / 7" 1 1 1• 1' f tti •1 lit l_• _# • f i1 • ' Tor • • •! 1177471 • tl_7 • !i #' !1_t /" # _ • .7'. • i/ i • row t Ordinance No. assert in its own behalf. To the extent of any inconsistency between this Section 25 -1026 and any franchise. the provisions of the franchise shall control Section 25 -1028 Abandoned and Um sable Eauipment, Subd, 1. Discontinued Operations_ A registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that the registrant's obligations for its equipment in the _right -of -way under this Ri -of Way Management Ordinance have been lawfully asmmd by another registrant: or (b) Submit to the Director a U=osal and instruments for transferring ownership of its equipment try the Cam. If a registrant proceeds under this clause the City may„ at its option: (1) purchase the equipment: or (2) require the reds Pant at its own expense to remove it: or (3) require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment • co= wid u for two (2) years rema'nc unused shall he deemed to he abandoned Abandoned equipment is deemed to be a nuisance The City may exercise any remedies or rights it has at law or in eQuiV. including . but not limited to (I) abating the nuisance 'i(i) taking possesssion of the egipment and restoring it to a useable condition or (iii) requiring removal of the equipment by the registrant or the registrant's successor in interest, Subd 3 Removal Any registrant who has unusable and abandoned eQuj=nt in any righUf--way shall remove it from that right-of-way during the next scheduled excavation unless this requirement is waived by the Director. Section 254029 Reservation of Regulatory and police powers A. Permittee's or registrant's rights are subject to the regulatory and police powers of the City, to adopt and enforce general ordinances necessary to protect the health safety, and welfare of the public, Section 25 -1030 Severabilitv If any section subsection sentence clause phrase or portion of this Right -of Way Management Ordinance is for any reason held invalid or unconstitutional by my court or administrative agency of cg=et Jurisdiction. such a t , and inftendent provision an such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court 17 Ordinance No. of competent jurisdiction should determine by a final non - appealable order that my permit. right or registration issued under my portions of this Right-of-Way Management Ordinance is illegal or unenforceable. Than an such permit. right_ or regi tra ion granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either pa to terminate without cans giving sixty (60) days written notice to the other, The requirements and conditions of such a revocable hermit shall be the same requirements and conditions as set forth in the I&rmi* right or re&ration respectively, except for conditions relating to the term of the permit and the right of termination If a permit right or registration shall be considered a revocable permit as provided herein the petmittee must acknowledge the authority of the City Council to issue such revocable ermit and the power to revoke it Nothing in this Right -of- -Way Management Ordinance precludes the city from requiring a franchise agreement with the applicant as allowed by law in addition to requirements set forth herein, Section 25 -1031 A,ppgas Decisions of the Director in the interpretation and enforcement of this Right -of -Way Management Ordinance may be ap ape led by the applicannt registrant or permittee to the city council by serving written notice of a reouest for an appeal on the City Manager The City Manager shall thereupon schedule a public hearing on the appeal before the city council and give notice of the time place and date of such hearing; to the appealing .12aM no less than ten (10) days prior to the hearing Section 25 -1032 Waiver The D irector w a a 2 t 25 -1009 and 25 -1020 if compliance is not deemed to bg reasonably necessary in the discretion of the Director to serve the p=gses of this Right-of-Way ManagmgZ Ordinance The decision of the Director not to waive any such requirement is not subject to anneal to the city council Waiver of provisions of Sections 25 -1003 through 25-1005 and 25 -1026 may be rescinded by the Director at anv time upon written Entice to the person subject to the requirement. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. 18 Ordinance No. • Adopted this day of , 1997. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) 19 City of Brooklyn Center 6_01 A great place to start. A great place to stay. To: Mayor Kragness and Council Members Carmody, Hilstrom, Lasman and Peppe From: Michael J. McCauley City Manager Date: December 11, 1997 Re: Changes in Budget from last print -out Rather than supply an entire print out of the budget detail, I thought it would be more useful to list in this memo changes in the General Fund Budget that have been made for your consideration. The materials supplied in September are otherwise the budget plan. I also anticipate that some of the narratives will be enhanced and revised before the final document is printed to supply greater detail. The significant changes are caused by the increase revenues from increased license fees and the police and fire bonds. Code 401 Administration: Wages and Benefits decreased $557 • 4334 Car allowance increased $600 These changes reflect the approved contract for 1998. Code 402 Human Resources: 4311 Benefits Administration decreased $4,725 to reflect internal handling of flexible benefit administration, reducing cost of contract vendor 4314 Medical services increased $1,800 based on testing costs Code 410 Finance 4396 Software maintenance increased $395 Code 425 Fire Wages and benefits increased $646 in fine tuning of budget Code 430 Inspections Wages and Benefits increase $13,215 to reflect increased rental fees: placement here of monies for increased activities Code 435 Social Services • Increased $104 to reflect Council decisions on requests. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Code 461 Adult Recreation • 4443 Central Garage charges decreased $100 Code 464 General Recreation 4310 Professional services decreased $2,318 Code 471 Central Supplies Increased $10,625 in total to reflect increased fees: attached are sheets showing allocations in this code as changed.The monies in contingency for possible additional person have been set forth in wages and benefits. The $5,000 for Greater Minneapolis Metropolitan Housing Corporation project ins set forth in other contractual (4400). Contingency (4995) collects the increased license fees (not attributed to increase rental licenses) and City share of lodging tax increases. Code 472 Civic Events 4406 decreased $500 reflecting placement of Heritage Festival contribution in Social Services. Code 475 Transfers Increased $745,853 for police & fire bonds • CITY 0 . F BRO* CENTER • MANAGER RECOMD BUDGET WORKSHEET BY DIVISION Page 104 1998 BUDGET 1997 1998 1998 Object Code & Description 1995 1996 ADOPTED AS OF DEPT MANAGER Division Code & Description ACTUAL ACTUAL BUDGET 10/31/97 REQUESTED RECOMMENDED ------- - - - - -- DIV CENTRAL SUPPLIES 471 4100 Wages Regular Employees 0 I 0 I 0 I 0 0 62,000 Salaries and Wages TOTAL I 0 0 0 0 I 0 62,000 4142 PERA Coordinated Plan 0 I 0 0 0 0 3,212 4146 FICA I 0 0 I 0 I 0 0 4,743 4151 Health Insurance 0 I 0 0 0 0 I 4,500 4152 Life Insurance 0 0 0 0 0 22 4154 Workers Comp Insurance I 0 0 I 0 0 I 0 552 4158 Disability Insurance 0 0 0 0 0 310 Fringe Benefits TOTAL I 0 0 0 1 -. 0 0 1 , 339 4210 Office Supplies 26,830 I 27,482 24,000 21,734 24,000 24,000 4212 Printed Forms 826 I 0 I 0 0 0 0 4220 Operating Supplies 1,616 3,292 3,000 1,699 3,000 3,000 4227 Safety Supplies I 0 840 0 0 0 0 4234 Street Maint Materials 87 0 I 0 0 I 0 0 Supplies TOTAL 29,359 31,614 27,000 23,433 I 27,000 27,000 4310 Professional Services 0 I 5,450 0 0 15,000 15,000 4311 Benefits Administration 627 1,957 0 I 0 I 0 0 Consulting TOTAL 627 7,407 0 0 15,000 15,000 4321 Postage 26,696 I 33,469 30,000 I 29,787 36,000 36,000 • CITY OF BRO�'7!ilPY"N CENTER • MANAGER RECOMD BUDGET WORKSHEET BY DIVISION Page 105 1998 BUDGET 1997 1998 1998 Object Code & Description 1995 1996 ADOPTED AS OF DEPT MANAGER Division Code & Description ACTUAL ACTUAL BUDGET 10/31/97 REQUESTED RECOMMENDED 4322 Telephone Services 30,892 30,969 33,500 25,844 33,500 33,500 4324 Delivery Service 80 I 92 ( 0 67 ( 100 100 4334 Use of Personal Auto 0 I 38 0 0 I 0 I 0 4350 Printing I 1,888 1,322 Z 5,000 I 810 5,000 ( 5,000 Communications TOTAL I 59,556 65,889 68,500 56,509 74,600 74,600 4380 Repair & Maint Contract 0 i 297 i 0 i 0 i 0 i 0 4382 Equipment Repair & Maint ( 25,618 24,372 27,000 27,386 27,000 ( 27,000 4392 Building Rentals O I 2,393 I 0 0 I 0 0 l Repair Rental & Maint TOTAL I 25,618 ( 27,062 I 27,000 I 27,386 27,000 27,000 4400 Other Contractual Service 0 125 I I I I I O I O I O( 5,000 I 4411 Conferences and Schools I 35,450 41,741 I 25,000 9,885 I 25,000 I 15,000 4413 Dues & Subscriptions I 0 I 2,003 I 0 I 0 I 300 I 300 4414 Licenses, Taxes, & Fees I it ( 0 I 0 I 0 I 0 I 0 Other Contractual Sery TOTAL 35,586 I 43,744 I 25,000 I 9,885 I 25,300 I 20,300 4551 Office Furniture & Equip 0 1,387 3,700 0 I 0 0 I Capital Outlays TOTAL I 0 I 1,387 3 I 0 I 0 I 0 I I I I I 4995 Contingency Account I 0 I 0 I 50,000 I 3,799 I 0 ( 136,130 Depreciation TOTAL I 0 I 0 I 50,000 I 3,799 I 0 I 136,130 === = = = = == CENTRAL SUPPLIES TOTAL I 150,748 I 177,104 I 201,200 121,012 I 168,900 ( 375,369 City of Brooklyn Center A great place to start. A great place to stay. • To: Mayor and Council Members From: Michael J. McCauley City Manager Date: December 11, 1997 Re: Budget OVERALL BUDGET On September 8th, the City Council adopted the preliminary 1998 budget and preliminary levy. Since the adoption of the preliminary General Fund Budget, voters approved a bond referendum for police and fire buildings. The bonds have been sold and the preliminary levy for taxes payable in 1998 would be increased by the amount necessary to service the bond debt. 197 122$ C HRA 124,927 129,467 4,540 EDA 179,124 183,113 3,989 General Fund( &street) 6,442,436 6,591,398 148,962 Police & Fire Debt Service 745.853 745.853 TOTAL TAX LEVY: 6,746,487 7,649,831 $903,344 The 1998 budget continues several changes in presentation and substance implemented in 1997. The budget has been developed on the premise that bonds will not be issued in 1998 for street projects or in the future, where such projects represent a continuing replacement effort, as opposed to buildings or other major capital projects that are not an annual effort. (If bonds had been issued for the City's share of the 1997 street projects, over $900,000 in extra costs would be incurred for interest and issuance costs over the life of the bonds.) The 1998 proposed budget has all city General Fund and Debt Service real estate taxes in the general fund with a corresponding transfer out for the payment of the city.'s portion of debt service. This allows for a clearer picture of the total city real estate tax levy. The real estate taxes levied by the separate legal entities of the HRA and EDA are set forth in their respective budgets. The budget provides for 158 full time positions in all funds, with the ability to add an additional full -time position to address goal implementation in the enterprise funds. One of the Council's goals for 1998 includes review of operations. Review of operations could impact allocations of resources, including staff. In the past there have been shifts where the number of part-time 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 1 An Affirmative Action /Equal Opportunities Employer employees have been reduced and there may be future situations where full -time employees may • replace part-time employees. With two exceptions, all full time employees are assigned in the budget to one division for payroll purposes. This represents a shift from the budget allocations prior to the 1997 budget where small fractions of full time employees were distributed across a number of divisions. The budget reflects a 3 % increase in wages, with the exception of members of the Teamsters Union. A contract has not been negotiated yet for 1998. With elections having just been held to determine decertification petitions, no actions had been taken on the contract. The unit containing the Assistant City Manager, City Clerk, and Human Resources Technician was de- certified. The personnel budget also includes step adjustments. Administrative service charges are $415,538, allocating personnel costs from the General Fund to various enterprise funds for management, engineering, and financial services. The breakdown of those charges are set forth in the narrative for Budget Code 474. The administrative service charges are at roughly the same level as the 1996 ($394,123) and 1997 ($399,141) budgets. As in the past, an additional $300,000 is budgeted for engineering reimbursement for construction project work charged against construction projects. The difference in presentation from the pre - 1997 budget is that this reimbursement and administrative service charge is set forth in a separate division (474 Reimbursement from other Funds), rather than as a contra charge within the various departments. The goal of this presentation shift is to more easily understand the personnel costs in each department and the charging out of services. In the overview presentation for the General Fund, Community Development has been set forth • as a separate grouping, rather than be included in Public Safety. Thus the charts and graphs in the 1997 budget will indicate a higher public safety figure than shown in the 1998 budget presentation, though the total amounts spent on police and fire are higher in 1998 than in 1997. Overview of General Fund. REVENUE Real Estate taxes for operations are increased 2.31 % in the proposed 1998 General Fund Budget. This represents a $148,962 increase in taxes. The overall operating budget increase for revenues is 2.6% ($315,726). In addition to increased real estate taxes, increased Local Government Aid, Local Performance Aid, and PERA Aid make up $177,409 of additional revenue. The, PERA aid is a new source of aid to offset increased pension costs mandated by the State of Minnesota. While pension costs will continue to increase due to the State increase in the percentage cost of PERA, the PERA aid will be frozen at the 1998 levels. Increased license fees account for $64,425 in additional revenue. The budget also increases the anticipated lodging tax receipts to reflect the increased receipts in 1997 due to additional room construction. The increase in the 1998 budget is based on actual 1997 performance and does not project increases beyond current levels based on additional rooms in 1998. This is consistent with a conservative approach to revenues in this area based on actual, rather than projected experience. The 1998 General Fund budget does not have a transfer in from the Liquor Fund. The transfer from the Liquor Fund is made to the Capital • Improvement Fund for 1998. This change was made at the Council's direction so that the revenues from liquor operations would be used for a specific purpose: capital improvements. 2 The 1997 State Legislature instituted changes in the real estate tax system. For taxes payable in • 1998, lower class rates will be in effect for commercial, industrial, and apartment properties. These class rate reductions have the impact of shifting some of the tax costs to single family residential properties. Thus, while property values rose in 1997 for taxes payable in 1998, tax capacities for apartments, commercial, and industrial properties dropped. Residential market value and tax capacity increased. The following charts illustrate this shift: Tax Capacities 12 10 j 8 j 01996 6 1997 i 2 ■ 1998 4 2 � • � I 0� i Apartment Commercial Industrial Residential Farm ! Market Value 800 i 600 N � 1996 � = I 2 400 01997 ■ 1998 i i 200 0 ' I Apartment Industrial Farm Commercial Residential EXPENDITURES • While the 1997 budget, in 1996 budget terms, a g g rms, actually represented decrease in operating costs: The 1997 budget developed funding for infrastructure replacement work. The 1997 budget, less monies earmarked for infrastructure and debt service, kept overall operating expenditures at the 1996 budget level: 1997 Budgeted Expenditures: $12,125,987 Less Construction transfer 394,197 (475 -4727) Debt Service 251.315 1997 in 1996 terms: $11,480,475 1996 Budgeted Expenditures: $11,632,894 The 2.6% increase in the 1998 operating budget is $315,726 (including an additional $7,935 for debt service on previously issued bonds for street projects prior to 1997). Over the 2 year period, this represents 1.3 % increase in operating costs annually. The proposed budget contains a contingency of $136,130 in Code 471. Code 471 also contains sufficient funding for an additional person to address projects and management implementation that may be authorized by the City Council. Additional contingency exists within the budget in • the form of salary. The sum projected salary of all employees exceeds actual experience each year due to vacancies in positions in the normal course of the year. Providing a contingency fund provides the council with flexibility in responding to unanticipated requests, needs, and opportunities. It also provides some coverage for unanticipated impacts such as heavier or more frequent snow /ice removal that may exceed budgeting based on average expectations. Some revenues in the General Fund budget are also subject to influences beyond the City's control, such as building activity (building permit fees), court fines (judicial discretion), and sales of merchandise. NEW INITIATIVES The budget provides $5,000 (Code 471 Object 4400 Other Contractual) to participate in a 5 city group with the Greater Minneapolis Metropolitan Housing Corporation in a home ownership resource center for the 5 city group. The resource center would need to receive substantial funding from the McKnight Foundation in order to be started. The center would provide assistance in a number of different ways to home owners to purchase and remodel existing homes. This program would compliment the code enforcement effort by assisting people in accessing the expertise necessary to bring homes up to code or to make improvements. Newsletters will be mailed to persons in apartments in 1998. The traditional delivery mechanisms using non - profit groups will continue for houses. This mail delivery will reach approximately 3600 apartments that had not been receiving the newsletter and recreation materials. The plan is • to absorb the additional cost from existing resources in the budget. A new department was created 4 that will split recreation, the community center, and buildings and grounds from Public Services. • Public Services has been re -named as Public Works. This will focus efforts in 2 departments that will be more specialized, rather than in one very large department. COUNCIL The annual audit and all commission related expenses are combined in the City Council budget. The amount of money included for conferences and training allows for facilitated council work/goal setting sessions and the implementation of the council policy on training. The budget supports having each council member being able to attend state conferences such as the League of Minnesota Cities Annual conference and would provide for the Mayor and 2 council members on a rotating basis to attend 1 national conference. CITY COUNCIL GOALS The City Council established several goals for 1998. Those goals are reflected in the proposed budget narrative. Some specific ways the budget supports those goals is as follows Note: The order of goals does not reflect a prioritization of the goals.): Goal 1: Develop plan for providing operating and future capital needs funds for the golf, course, liquor stores, and Earle Brown Heritage Center. The golf course budget reflects a multi -year plan to deal with capital replacement and the retirement of construction debt. In 1997, work began on the planning • process that will be developed into a plan in 1998. A study was conducted at the end of 1997 to assist in reviewing liquor operations. This goal, developed at the August, 1997, City Council facilitated work session, will be implemented in 1998. Goal 2: Review City's departmental structure with analysis of needs and identification of opportunities for improved service delivery. This goal will be implemented in conjunction with the other reviews of operations. One reorganization to focus efforts has been implemented with the creation of a new department: Community Activities, Recreation, and Services. Goal 3: Establish contingency option for Council in the event of funding losses. The long range planning and 1999 budget development will address this goal under the Council's direction as part of their goal setting. Goal 4: Establish long -range financial plan for City: - Five -year - Ten to twenty year appendix of major future needs and possible approaches for addressing these needs. • In a number of areas, this will involve updating the multi -year plans developed in 1997 for capital improvements in the areas of streets, parks, water, sewer, storm 5 sewer, and central garage and the plan for the golf course. As indicated previously, other areas will require completion of an initial multi -year plan in 1998. Goal 5: Implement fire and police plans: - either build with bond proceeds - seek betterment of facilities if no bond monies are available With the successful assa a of the bond referendum g work will o forward to P g construct the new police & fire facilities and remodeling of the east fire station. This construction will be a major undertaking and significant user of staff time in 1998. Goal 6: City Council will be more active in regional issues affecting the City. The budget provides funds for dues and participation in organizations such as the North Metro Mayors Association, the League of Minnesota Cities, the Association of Metropolitan Municipalities, and the National League of Cities. Goal 7: Continue work on redevelopment issues with emphasis on: 1) Brookdale 2) Brooklyn Boulevard; and 3) 53rd Avenue, while being able to respond to other opportunities. Staff resources are rovided in the General Fund and Economic Development P P Authority budgets to work on these issues in conjunction with financial consultants. Goal 8: Continue code enforcement with Council review of process and goals with staff to refine the code enforcement effort. The olice budget contains move for code enforcement. The community P g Y development budget contains monies for enhanced efforts or programs. The community development budget continues funding for staff for enforcement and participation in the rental housing association activities. Goal 9: Meet with commission chairs to develop updated goals and missions for each of the City's commissions. This Council goal requires no funding. Goal 10: Develop a plan to address building needs at City Hall /Community Center for handicapped accessibility, roofing, heating, ventilation, air conditioning, removal of police functions, and citizen access and service. • - Council chambers (sound system, lights, etc.) 6 - ADA accessibility • - Roof - Entrances - Community Center - Heating, ventilation, and air conditioning Monies exist in Code 471 for professional services and contingency to develop cost estimates and other components needed to develop options and plans in these areas. Goal 11: Implement those study recommendations adopted by Council for liquor store and Earle Brown Heritage Center. As indicated, the budget contains funds to assist in implementation designed to cover those costs, if they were to remain, through increased net revenues or decreased costs by virtue of implementation and management support. ADMINISTRATION Administration continues the reconfiguration with separate divisions for human resources and city clerk. The ability to use a part-time intern in continued in the budget. • HUMAN RESOURCES /FINANCE Between these two divisions, additional employee benefit administration will be done in- house, with a reduction in the cost of purchased services from a private vendor of services. MANAGEMENT INFORMATION SYSTEMS The MIS department's capital monies are allocated primarily for system equipment. Individual computer equipment has generally been allocated within individual departments to more fully state the true cost of individual departmental operations to include their cost of computer equipment used exclusively within a department. MIS will be involved in software review as two departments review the cost effectiveness of switching the software or vendor for their applications. A substantial amount of work will be devoted to the new building projects in the planning and placement of technology resources. Another major area will involve the telephone systems, both for new facilities and the current obsolete equipment. POLICE Canine operations will be through the Hennepin County Sheriff in 1998 with the discontinuance of the City's canine program. With the Sheriff's offer to provide service, this was an opportune time to discontinue our own efforts. The budget replaces vests worn by the emergency entry unit to a higher level of safety for the initial entrants. Eliminated from the budget is a request for an • all- terrain vehicle. Staffing levels are maintained in the budget. 7 FIRE • Payment for drills continues the system initiated in the 1997 budget. CENTRAL GARAGE ' While not part of the General Fund, the Central Garage charges have a profound impact on the General Fund. When the Central Garage was instituted, the full replacement of equipment was not funded since charges for depreciation had not accumulated for equipment being replaced prior to full accumulation of depreciation charges necessary for replacement. The goal is to have replacement fully funded in order to fully implement the central garage concept. As part of the implementation, several changes were incorporated into the General Fund budget last year: 1) interest earned in the ' fund has been spread out against the individual pieces of equipment 2) items having a value below $5,000 have been removed from the central garage fund replacement schedule (items below $5,000 for garage use, as opposed to other departments, will still be budgeted, but not on a depreciation schedule) 3) police vehicles are sold rather than recycled in the fleet; this reduces the cost of squads to the police by giving them credit for the sale proceeds and eliminating charges previously • levied against them to refurbish squads for use in the fleet; maintenance costs and fuel costs for other divisions should decrease; initial results indicate that the projected benefits are occurring: sale of used squads is at anticipated levels; anticipated reduced operating costs from this shift will have to be monitored over time as currently new vehicles used in departments rather than old squads have little or no repair costs BUILDINGS The requested wading pool refurbishing that was removed from the proposed 1997 budget at the City Council's direction to have that issue studied in connection with the overall building plans for City Hall, police, and Community Center will be dealt with consistent with the Council's 1998 goals in developing a plan for the entire City Hall /Civic Center complex. PARKS The Capital Improvement Plan provides a five year plan for park improvements. Continued work will go forward in exploring the concept of community parks. The five year plan finishes the replacement of playground equipment and inventories the life expectancy of the major components of the park facilities and improvements. RECREATION /COMMUNITY CENTER • This budget continues the targets in the 1997 budget to match expenditures and revenues in adult g P 8 programs. Year to date results in 1997 indicate that while certain adult fee revenue targets have • not been achieved with the increased fees, the decline in participation due to higher fees has resulted in reduced costs. The net impact is that net revenues in adult programs are almost on target. The reduction in hours at the community center in 1997 will continue. The impact of the reduced hours was approximately $17,000. The reduced level of funding for Entertainment in the Parks is continued from the 1997 budget. In 1997, there were contributions received of $3,000 toward Entertainment in the Parks /fireworks that augmented the reduced City funding. CIVIC EVENTS The 1998 budget includes the police overtime for Earle Brown Days in Code 472. The overtime has not been included in the budget in this location previously, though it has been charged against Civic Events for a number of years. SOCIAL SERVICE Social Service /Joint Powers is included in the proposed budget at $80,104. The City Council's allocation of funding is set forth in the narrative sheet for the social service activities. ( #435, Social Services) EARLE BROWN HERITAGE CENTER Many of the focus changes in the 1997 budget continue with reduced levels of expenditure for • advertising for the Inn based on the various studies and recommendations. The funding for trade shows and directed sales for conferences is continued. The budget for operations projects operational self - sufficiency and some capital investment. As stated in the Council's goals for 1998, a plan must be developed for long term capital needs that cannot be met with operational funding. The change in property tax class rates has negatively impacted the cash flow in the tax increment district that was used to construct the facility. That has complicated the process of evaluation options for this enterprise. EARLE BROWN TAX INCREMENT DISTRICT As indicated, changes in tax capacity rates adopted by the Legislature have negatively impacted this district. The budget projects a shortfall in revenues as compared to debt payments of $98,658. Pending this next Legislative session when there will be additional discussion of the impact of these changes on tax increment districts, final resolution of this shortfall has several options if there is no Legislative relief. Monies can be pooled from performing districts. The 1998 budget projects a surplus of revenues over expenditures that would be sufficient to cover the shortfall in the Earle -Brown District. Another option would be an internal loan at 6.5 % interest that would be eventually repaid since the district, over its term is projected to have substantial net revenue potential after the bonds are retired and current internal debt is repaid. • WATER, SEWER AND STORM SEWER FUNDS 9 These enterprise funds, pursuant to the 5 year plans, are anticipated to cash flow operations and • capital needs with modest rate increases. The 1998 budget includes the adopted increases in sewer and storm sewer rates. There was no increase in water rates for 1998. GOLF FUND The golf course is budgeted to continue providing sufficient funds for its operations from operating revenues. A plan has also been proposed which schedules the repayment of the principal on the construction loans. A 20 year plan is proposed that creates sufficient capital reserves to address equipment replacement issues and pay down the principal. Shifting interest payments to principal would pay back the loans over the 20 year period without interest. If payments were directed to interest, the amount of principal repayment would be insufficient to retire the debt and provide capital replacement monies. LIQUOR FUND The proposed budget is a preliminary budget for the purpose of continuing operations. The final performance and configuration of operations will change as decisions are made in 1998 regarding liquor operations and its direction. Construction of a new fire station on the existing 63rd & Brooklyn Boulevard location will disrupt operations of the Brooklyn Boulevard store. The City Council will begin reviewing a recently received consulting study on liquor operations in January. This review will provide direction for store location and operations. • SUMMARY The proposed budget continues a return to a format that states expenditures in a fashion that is easier to track, places all general fund tax revenues in the General Fund, allocates most full -time employees as full persons within departments, reduces the number of divisions greatly, uses line - item detail, and provides more information regarding the planned use of monies than the previous budget. I would like to thank the many staff members who participated in the revision of the budget presentation and process, especially the work of the Finance Director, Charlie Hansen, and the Assistant Finance Director, Tim Johnson. 10 11/24/97 10:06 AM CITYBDGnBDGT.CHWDMCONTR CITY OF BROOKLYN CENTER DISTRIBUTION OF ADMINISTRATIVE SERVICE COSTS • FOR THE YEAR 1998 WATER & STORM CENTRAL E.D.A. LIQUOR GOLF SAN SEWER SEWER GARAGE TOTAL CITY MANAGER 24,287 r 24,287 FINANCE 59,025 25,435 5,128 109,836 12,453 211,877 DATA PROC 7,045 4,932 11,977 ENGINEERING 67,397 67,397 STREETS 100,000 100,000 66,070 25,435 5,128 206,452 100,000 12,453 415,538 FOR THE YEAR 1997 WATER & STORM CENTRAL E.D.A. LIQUOR GOLF SAN SEWER SEWER GARAGE TOTAL CITY MANAGER 23,462 23,462 • FINANCE 49,880 30,084 4,722 103,935 11,785 200,406 DATA PROC 6,305 4,413 10,718 ENGINEERING 64,555 64,555 STREETS 100,000 100,000 56,185 30,084 4,722 196,365 100,000 11,785 399,141 FOR THE YEAR 1996 WATER & STORM CENTRAL E.D.A. LIQUOR GOLF SAN SEWER SEWER GARAGE TOTAL CITY MANAGER 23,350 23,350 FINANCE 46,918 35,082 4,581 100,794 11,361 198,736 DATA PROC 6,090 4,270 10,360 ENGINEERING 61,677 61,677 • STREETS 100,000 100,000 53,008 35,082 4,581 190,091 100,000 11,361 394,123 • ECONOMIC DEVELOPMENT AUTHORITY CITY OF BROOKLYN CENTER ANNUAL OPERATING BUDGET DETAIL OF ADMINISTRATIVE SERVICES 1998 1998 REIMB. ESTIMATED REIMBURSED POSITION PERCENT COMPENSATION COMP Staff Accountant 0.80 58,134.00 46,507.20 .Payroll /Personnel Technician 0.10 45,264.00 4,526.40 Accounting Technician II 0.10 39,912.00 3,991.20 MIS Coordinator 0.10 66,455.00 6,645.50 Total Personnel Costs 1.10 209,765.00 61,670.30 Office equipment & space rent 1.10 4,000.00 4,400.00 • TOTAL ADMINISTRATIVE SERVICES 213, 765.00 66, 070.30 Admin Services Distribution EDA Administration Program 8800 0.05 3,303.52 E.B.H.C. Administration Program 8999 0.95 62,766.79 66,070.30 • \citybdgt%dgt. ch \admsveda 11/24/97 SUDGET1AOMSVCAR CITY OF BROOKLYN CENTER • ANNUAL OPERATING BUDGET CENTRAL GARAGE FUND DETAIL OF ADMINISTRATIVE SERVICES --------------------------------------------------------------------------- - - ---- --- 1998 1998 REIMB. ESTIMATED REIMBUSED POSITION PERCENT COMPENSATION COMP. Assistant Finance Director 10.00% 75,552.00 7,555.20 Payroll /Personnel Technician 2.00% 45,264.00 905.28 Accounting Technician II 8.00% 39,912.00 3,192.96 Total Personnel Costs 20.00% 160,728.00 11,653.44 Office equipment & space rent 20.00% 4,000.00 800.00 TOTAL ADMINISTRATIVE SERVICES 164,728.00 12,453.44 11/24/97 BUDGET\ADMSVGLF CITY OF BROOKLYN CENTER • ANNUAL OPERATING BUDGET GOLF COURSE FUND DETAIL OF ADMINISTRATIVE SERVICES 1998 1998 REIMB. ESTIMATED REIMBUSED POSITION PERCENT COMPENSATION COMP, Assistant Finance Director 3.00% 75,552.00 2,266.56 Payroll /Personnel Technician 2.00% 45,264.00 905.28 Accounting Tech II 4.00% 39,912.00 1,596.48 Total Personnel Costs 9.00% 160,728.00 4,768.32 Office equipment & space rent 9.00% 4,000.00 360.00 • TOTAL ADMINISTRATIVE SERVICES 164,728.00 5,128.32 --------- - - - - - -- • 11/24/97 bd,, *CIIWDMSVUQ CITY OF BROOKLYN CENTER • ANNUAL OPERATING BUDGET LIQUOR FUND DETAIL OF ADMINISTRATIVE SERVICES --------------------------------------- ---- ----- --- --------- ---- ------------ -- --- __--- ----- ------------- 1998 1998 REIMB. ESTIMATED REIMBUSED POSITION PERCENT COMPENSATION COMP Director of Finance 6% 87,869.00 5,272.14 Staff Accountant 10% 58,134.00 5,813.40 Payroll /Personnel Technician 10% 45,264.00 4,526.40 Accounting Technician II 20% 39,912.00 7,982.40 Total Personnel Costs 46% 231,179.00 23,594.34 Office equipment & space rent 46% 4,000.00 1,840.00 --------- - - - - -- ------- -- - - -- TOTAL ADMINISTRATIVE SERVICES 235,179.00 25,434.34 ALLOCATION Humboldt 28.00% 7014/4702 7,121.62 Boulevard 32.00% 7024/4702 8,138.99 Northbrook 40.00% 7034/4702 10,173.74 ------ - - - - -- -------- ---- -- 100.00% 25,434.34 • 11/24/97 BUDGETIADMSVPU CITY OF BROOKLYN CENTER ANNUAL OPERATING BUDGET • PUBLIC UTILITIES DETAIL OF ADMINISTRATIVE SERVICES 1998 1998 REIMB. ESTIMATED REIMBUSED POSITION PERCENT COMPENSATION COMP. City Manager 8% 99,998.00 7,999.84 Personnel Coordinator 5% 73,702.00 3,685.10 Dep City Clerk/Purchasing 5% 51,117.00 2,555.85 Clerk II Receptionist 25% 33,305.00 8,326.25 Director of Public Works 20% 89,017.00 17,803.40 City Engineer 20% 85,851.00 17,170.20 Public Works Coordinator 10% 62,079.00 6,207.90 Engineering Technician 4 5% 63,912.00 3,195.60 Engineering Technician 3 5% 49,420.00 2,471.00 Engineering Technician 3 5% 50,879.00 2,543.95 Engineering Technician 3 5% 49,744.00 2,487.20 Eng Admin Aide 10% 44,267.00 4,426.70 P. W. Superindendent 10% 74,909.00 7,490.90 • Director of Finance 10% 87,869.00 8,786.90 Assistant Finance Director 10% 75,552.00 7,555.20 M.I.S. Coordinator 7% 66,455.00 4,651.85 Utilities Technician II 100% 39,912.00 39,912.00 Utilities Technician 1 100% 37,928.00 37,928.00 Payroll /Personnel Technician 5% 45,264.00 2,263.20 Accounting Technician II 10% 39,912.00 3,991.20 - - - - -- ---------- - - - - -- -------- - - - - -- Total Personnel Costs 375% 1,221,092.00 191,452.24 Office equipment & space rent 375% 4,000.00 15,000.00 TOTAL ADMINISTRATIVE SERVICES 206,452.24 Admin Services Distribution Water Operations Program 7130 0.6 123,871.34 • Sewer Operations Program 7320 0.4 82,580.90 11/24/97 its adoption: Member introduced the following resolution and moved RESOLUTION NO. • RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1998 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of the City of Brooklyn Center entitled a "Resolution Establishing the Final Tax Levy for the Brooklyn Center Housing and Redevelopment Authority for the Year 1998 "; and WHEREAS, Minnesota statutes currently require certification of a final tax levy to the Hennepin County Auditor on or before December 29, 1997; and WHEREAS, the City Council, pursuant to the provisions of MSA 469.033, Subdivision 6, must by resolution consent to the final tax levy of the Housing and Redevelopment Authority of the City of Brooklyn Center. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a special tax be levied upon all real and personal property within the City of Brooklyn Center at the rate of 0.0144 % of taxable market value of all taxable property, real and personal, situated within the corporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota. BE IT FURTHER RESOLVED that the said property tax levy be used for the operation of the Brooklyn rooklyn Center housing and Redevelopment Authority pursuant to the provision of MSA 469.001 through 4 g 69.047. Date Mayor ATTEST: City 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. its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1998 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS—THE F. D A FUND, AND THE H.R.A. FUND BUDGETS WHEREAS, The City of Brooklyn Center is annually required by Charter and state law to approve a resolution setting forth an annual tax levy to Hennepin County; and WHEREAS, Minnesota statutes require certification of a final tax levy to Hennepin County on or before December 29, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. There is hereby levied upon all taxable property lying within the City of Brooklyn Center, a proposed tax levy of the following sums for the purpose indicated: GENERAL FUND (without debt) $6,332,314 STREET IMPROVEMENT DEBT SERVICE -94 66,457 STREET IMPROVEMENT DEBT SERVICE -95 72,482 STREET IMPROVEMENT DEBT SERVICE -96 120,145 • POLICE & FIRE BUILDING DEBT SERVICE 783.146 TOTAL GENERAL FUND $7,374,544 ECONOMIC DEVELOPMENT AUTHORITY 183,113 HOUSING & REDEVELOPMENT AUTHORITY 129,467 $7,687,124 2. The City Clerk shall cause a copy of this resolution to be certified to Hennepin County so that said sum shall be spread upon the tax rolls and will be payable in the year 1998. Date Mayor ATTEST: City 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. • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGET FOR THE GENERAL FUND WHEREAS, the City of Brooklyn Center is annually required by Charter and state law to adopt an annual budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for budgeted funds for the calendar year 1998 shall be: 1. APPROPRIATIONS GENERAL FUND: Organizational Unit General Government $1,460,896 Public Safety 4,918,612 Community Development 634,423 Convention & Tourism 218,500 • Social Services 80,104 Public Works 2,508,073 Parks 840,072 Recreation 1,325,205 Risk Management 157,000 Contingency 136,130 Central Supplies & Support 239,239 Civic Events 6,425 Reimbursements from Other Funds - 715,538 Transfers to Capital Projects Funds 394,197 Transfers to Street Debt Service Funds 238,375 Transfers to Police & Fire Debt Service Fund 745,853 --------- - - - - -- TOTAL GENERAL FUND $13,187,566 RESOLUTION NO. • 2. ESTIMATED REVENUES GENERAL FUND: General Property Taxes $7,126,573 Special Assessments 1,000 Sales Taxes on Lodging 460,000 Licenses & Permits 364,585 Intergovernmental Revenue 3,848,814 General Government Services Charges 21,900 Public Safety Service Charges 23,700 Recreation Fees 836,994 Fines & Forfeitures 192,000 Miscellaneous Revenue 312,000 --------------- TOTAL GENERAL FUND REVENUE BY SOURCE $13,187,566 • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: December 12, 1997 SUBJECT: Resolution to Adopt the 1998 Proposed Budgets for the Special Revenue Funds The attached resolution is a corrected version of the one which was submitted to the City Council in the agenda packet for December 15, 1997 meeting. It replaces item 5.d.4. on the City Council agenda. Certain expenditures of the TIF District #3 were left out of the original resolution. I would like the City Council to consider adopting this resolution instead. The original resolution covered TIF District #3 expenditures of $5,000 for administrative costs and a $570,000 transfer to the debt service fund. The revised resolution also includes a $119,801 payment to Sunlite Properties. This is for a pay as you go agreement which was approved by the City Council on July 29, 1996 to support the development of an office /warehouse at 6601 Parkway Circle. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUND WHEREAS, the City of Brooklyn Center is required by Charter and state law to adopt an annual budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the budgets for the following funds for the year 1998 shall be: SPECIAL REVENUE ESTIMATED FUNDS REVENUES: APPROPRIATIONS: Housing & Redevelopment Auth. $143,887 $143,887 Economic Development Authority $734,363 $1,284,363 Earle Brown Tax Increment Distr. $1,183,342 $1,282,000 Tax Increment Distr. #3 $883,368 $694,801 Community Dev Block Grant $247,856 $247,856 TOTAL $3,192,816 $3,652,907 Date Mayor ATTEST: City 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. • SUNLITE PROPERTIES PAY AS YOU GO DEVELOPMENT AGREEMENT • SCHEDULE B PAYMENT SCHEDULE PAYMENT DATE f AMOUNT December 31, 1997 $ 43,700 December 31, 1998 119,801 December 31, 1999 119,801 December 31, 2000 119,801 December 31, 2001 119,801 December 31, 2002 119,801 • • SJB101865 BR305 -58 B -1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND WHEREAS, the City of Brooklyn Center is required by Charter and state law to adopt an annual budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the budgets for the following funds for the year 1998 shall be: CAPITAL PROJECTS ESTIMATED FUNDS REVENUES: APPROPRIATIONS: Capital Reserve Emergency Fd $60,000 Capital Improvements Fund $396,500 $9,325,000 M.S.A. Construction Fund $645,000 $724,350 Special Assessment Construction $1,752,347 $2,008,150 • TOTAL $2,853,847 $12,057,500 Date Mayor ATTEST: City 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. • adoption: its Member introduced the following esolution and g moved 40 RESOLUTION NO. RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS WHEREAS, the City of Brooklyn Center is required by Charter and state law to adopt an annual budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the budgets for the Enterprise Funds for the year 1998 shall be: OPERATIONS: ESTIMATED REVENUES: APPROPRIATIONS: Liquor Stores $3,096,400 $3,017,725 Centerbrook Golf Course $344,943 $272,036 Earle Brown Heritage Center $3,042,051 $2,773,150 Water Utility $1,396,152 $992,963 Sanitary Sewer $2,424,219 $2,124,709 Storm Drainage $3,936,000 $494,122 Recycling $220.000 $220.000 TOTAL $14,459,765 $9,894,705 • CONSTRUCTION: APPROPRIATIONS: Centerbrook Golf Course $20,500 Earle Brown Heritage Center $127,692 Water Utility $1,813,000 Sanitary Sewer $659,400 Storm Drainage $3.943.000 TOTAL $6,563,592 Date Mayor ATTEST: City 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. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUND WHEREAS, the City of Brooklyn Center is required by Charter and state law to p ado t an annual budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the budgets for the following funds for the year 1998 shall be: INTERNAL SERVICE ESTIMATED FUNDS REVENUES: APPROPRIATIONS: Public Employees Retirement $60,000 $60,000 Central Garage $2,055,014 $2,055,014 TOTAL $2,115,014 $2,115,014 Date Mayor ATTEST: City 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 A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager'., DATE: December 9, 1997 SUBJECT: 1998 Pay Plan The 1998 pay plan covers non -union and non - contract employees. Collective bargaining agreements with the unions representing the police officers and public works employees provide for 3% across the board salary increases in 1998. The collective bargaining agreement with the department head bargaining unit has not been renegotiated for 1998 and so there will be no change in department head compensation until a new collective bargaining agreement is negotiated and presented to the City Council for approval. The proposed pay plan for non -union and non - contract employees provides for a 3% increase in wage classifications. The Assistant City Manager/Human Resources Director, City Clerk, and Human Resources Technician/Deputy City Clerk positions are now set forth in the pay plan due to the decertification of the union for those employees effective January 1, 1998. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1998 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary and benefits of all officers and employees of the City; and WHEREAS, the 1984 Minnesota Pay Equity Act requires every political subdivision to establish "equitable compensation relationships" between its employees; and WHEREAS, the City Council has reviewed the 1998 Full -Time Employee Pay Plan; and WHEREAS, an individual employee's movement through their respective pay schedule reflects a progression in corresponding levels or improved job performance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby sets wages, salaries, and benefits for the calendar year 1998 by adoption • of the attached Plan and also allows the City Manager to set appropriate increases to the part-time schedule to be consistent with other employee groups, which the City Manager shall be authorized to pay. BE IT FURTHER RESOLVED that the City Manager may reclassify, adjust, add, and/or delete position(s) to pay grades in the Plans but is limited to authorizing increases due to Pay Equity Act compliance and by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 1998 Full -Time Pay Plan is approved and adopted because it is in general an equitable pay plan for City employees; however, parts of the Plan are approved and adopted solely for the purpose of compliance with the mandate of Minnesota Statutes, Sections 471.999; that adoption of said Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that said Plan shall be subject to continuing review and reconsideration and may be amended from time -to -time by the City Council; and • RESOLUTION NO. • BE IT FURTHER RESOLVED that the City Manager be authorized to employ full- and part-time and /or temporary employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1998 budget appropriations and to make interim appointments to fill vacant positions whenever a position is vacant because the regular employee is on leave of absence, vacation leave, sick leave, or is absent for any other reason, and to establish rates of pay for such appointments consistent with the 1998 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1998. Date Mayor ATTEST: City 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. 1998 City of Brooklyn Center Regular Full -time Positions MENEM= 0111 CITY MANAGER'S OFFICE City Manager 1 Co7 N 7 o Yes -Exec Assistant City Manager/HR Director 1 Yes -Adm City Clerk 1 No Yes -Adm HR/Purch. TechJDep. City Clerk 1 No No Administrative Technician 1 No No Administration/Elections Secretary 1 No No Switchboard Operator/Receptionist 1 No No MIS Coordinator 1 No Yes -Adm COMMUNITY DEVELOPMENT DEPARTMENT Director of Community Development 1 T -320 Yes -Exec Planning and Zoning Specialist 1 No Yes -Prof Community Development Specialist 1 No Yes -Adm Inspector/Building Official 1 No Yes -Adm Inspector 1 No No Housing Inspector 1 No No Community Development Sec. & Clerk 2 No No Assessing Division Assessor 1 T -320 Yes -Exec Appraiser II 1 No No Assessment Technician 1 No No Assessing Secretary 1 No No Earle Brown Heritage Center EBHC Manager 1 T -320 Yes -Exec EBHC Maintenance Supervisor 1 No Yes -Exec EBHC Sales Director 1 No Yes -Exec EBHC Salesperson 3 No Yes -Adm EBHC Innkeeper 1 No Yes -Exec EBHC Maintenance Custodian 1 No No EBHC Secretary & Billing Clerk 2 No No EBHC Assistant Innkeeper 1 No No FINANCE Director of Finance 1 T -320 Yes -Exec Assistant Director of Finance 1 T -320 Yes -Adm Staff Accountant 1 No Yes -Prof Payroll/Personnel Technician 1 No No Utilities Technician II 1 No No Accounting Technician II 1 No No Utilities Technician 1 1 No No • • Uquor Stores Division EM WAMM Liquor Stores' Manager 1 T -320 Yes -Exec Retail Su rviso pe r 2 No Yes-Exec FIRE DEPARTMENT Fire Chief/Emergency Management Coord. 1 T -320 Yes -Exec POUCE DEPARTMENT Chief of Police 1 T -320 Yes -Exec Police Captain 2 T -320 Yes -Adm Administrative Sergeant 1 L #82 No Community Services Sergeant 1 L #82 No Police Sergeant 5 L #82 No Police Officer 34 L #82 No Administrative Analyst 1 No Yes -Adm Staff Services Supervisor 1 T -320 Yes -Adm Community Service Officer 2 No No Property Room Supervisor 1 No No Public Safety Dispatcher 6 No No Police Secretary 2 No No Police Classification Operator 1 No No Police Receptionist 1 No No PUBLIC WORKS DEPARTMENT Director of Public Works 1 T -320 Yes -Exec City Engineer 1 T -320 Yes -Prof Public Works Coordinator 1 T -320 Yes -Adm Engineering Technician IV 1 No No Engineering Technician 111 3 No No Public Works Administrative Aide 1 No No Engineering Secretary 1 No No Streets and Parks Division Public Works Superintendent 1 T -320 Yes -Exec Supervisor of Streets and Parks Maintenance 1 No No Crew Leader 3 L #49 No Maintenance II 15 L #49 No Central Garage Division Mechanic 3 L #49 No Night Service Person 1 L #49 No Public Works MIS Technician 1 No No Public Works Clerical Technician 1 No No Public Utilities Division Supervisor of Public Utilities 1 No No Crew Leader 1 L #49 No Maintenance 11 5 L #49 No • • COMMUNITY ACTIVITIES, RECREATION & SERVICES 72 Director of Community Activities, Rec. & Serv. 1 T -320 Yes -Exec Program Supervisor 3 No Yes -Adm Aquatics Supervisor 1 No Yes -Adm Golf Course Grounds Supervisor 1 No Yes -Adm Recreation Secretary 1 No No Government Buildings Division Maintenance Supervisor 1 No Yes -Exec Maintenance Custodian 2 No No Custodian 5 No No • • 1998 City Manager and Department Head pay plan Exempt from overtime not e lig ible for overtime City Manager $ 72,100 $ 89,610 Assistant City Manager /HR Director $ 52,654 $ 64,074 Director of Public Works $ 64,019 $ 79,063 Director of Finance/Treasurer $ 59,526 $ 73,515 Chief of Police $ 57,982 $ 71,607 Director of Community Development $ 54,371 $ 67,147 Director of Community Activities, $ 53,712 $ 65,352 Recreation and Services Fire Chief $ 50,538 $ 62,415 • Department Heads (except Assistant City Manager) are under contract with Teamsters 320. Contract not settled for 1998. Salary setting authority: The City Manager is authorized to set salaries within the established ranges. • 12115/97:1998 City Manager Department Heads 0 1998 Confidential Supervisory.Empioyees Pay Exempt from overtime not eligible for overtime -;I 10416OW" CS21 City Clerk $ 3,344 $ 3,511 $ 3,686 $ 3,779 $ 3,873 $ 3,970 $ 4,069 Non -exam (eligible for overtime 2zzzzz izz�uEzx 03" �6111 ' <'i�zsz,' `z .��i,, z�.z R OOM 2 r ?.,::,, ,z�' w. „a r ;, . t.k�',:.? ..,r;..,:,..Y•:: >: , rr)� : fr"` : }r ..;£�z `�i it ♦ }r}ir,` • .�.n.` • r .• ' C314 Hum.ResJPurchasiny Tech. $16.136 16.943 $17.790 $18.235 $18.691 $19.637 • 1998 Non - organized Full time employee pay plan Exempt from overtime (not eligible for overtime) RaY Step' S #� Step Sie Step Step Step' C31 Public Works Supt. $ 4,272 $ 4,486 $ 4,710 $ 4,829 $ 4,948 $ 5,072 $ 5,198 C29 MIS Coordinator $ 4,066 $ 4,270 $ 4,483 $ 4,596 $ 4,710 $ 4,828 $ 4,948 C25 Building Official $ 3,684 $ 3,868 $ 4,061 $ 4,164 $ 4,267 $ 4,374 $ 4,482 Comm. Dev. Specialist Planning & Zoning Specialist C22 Staff Accountant $ 3,421 $ 3,592 $ 3,771 $ 3,867 $ 3,962 $ 4,061 $ 4,162 C20 Rec. Program Supervisor $ 3,256 $ 3,419 $ 3,590 $ 3,680 $ 3,771 $ 3,866 $ 3,962 EBHC Maint. Supervisor C19 Adm. Analyst - PD $ 3,176 $ 3,336 $ 3,502 $ 3,591 $ 3,679 $ 3,771 $ 3,865 C18 EBHC Sales Director $ 3,099 $ 3,254 $ 3,417 $ 3,503 $ 3,589 $ 3,679 $ 3,771 EBHC Innkeeper C16 Maintenance Supervisor $ 2,950 $ 3,097 $ 3,252 $ 3,334 $ 3,416 $ 3,502 $ 3,589 C12 EBHC Salesperson $ 2,672 $ 2,806 $ 2,946 $ 3,021 $ 3,095 $ 3,173 $ 3,251 • C8 Supervisor, Liquor Retail $ 2,421 $ 2,542 $ 2,669 $ 2,737 $ 2,804 $ 2,874 $ 2,946 Golf Course Supervisor Aquatics Supervisor Normal progression: Minimum is starting rate. After successful completion of 6 months of probationary period, individuals move to the next step. After 18 months of successful performance of job duties, individuals will move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager, based upon recommendation by the Department Head. The City Manager may start employees above the minimum step based upon experience. City Managers Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum starting rate when qualifications exceed those required for the starting rate. Merit Steps: Merit steps of up to ten percent above the maximum rate shall only be awarded with express approval of the City Council as recommended by the City Manager. • 12/9197 2:04 PM ExemptMonthly 1998 Non - organized Full time employee pay plan Non-exempt eligible for overtime) • �` S#ep Star #ep Stepp S7~ep Step #+gip grade osi+�ti .. ....... ine . ,: A :....' :..... e,. G ., ....... F. D37 Eng. Tech. IV $ 20.615 $ 21.645 $ 22.729 $ 23.297 $ 23.878 $ 24.476 $ 25.088 Supervisor Streets & Parks D34 Appraiser II $ 19.143 $ 20.100 $ 21.106 $ 21.634 $ 22.173 $ 22.728 $ 23.297 D33 Supervisor Public Utilities $ 18.676 $19.609 $ 20.591 $ 21.106 $ 21.632 $ 22.174 $ 22.728 D31 Inspector, Building $ 17.776 $ 18.664 $19.599 $ 20.089 $ 20.590 $ 21.106 $ 21.633 D27 Eng. Tech. 111 $ 16.104 $ 16.909 $17.756 $18.200 $18.653 $19.121 $19.599 Public Service MIS Tech. D25 Inspector, Housing $15.328 $16.094 $16.900 $17.323 $17.755 $18.199 $ 18.654 D24 Maintenance Custodian $ 14.955 $15.702 $16.488 $16.900 $ 17.322 $ 17.755 $18.199 Payroll/Personnel Tech. D21 Public Srv. Adm. Aide $ 13.887 $14.581 $15.311 $ 15.693 $ 16.085 $ 16.488 $16.900 D20 Administrative Technician $13.548 $14.225 $14.937 $ 15.311 $15.693 $ 16.086 $16.488 Public Safety Dispatcher Assessment Technician D17 Utilities Technician II $12.581 $13.209 $ 13.871 $ 14.217 $14.572 $ 14.937 $15.310 • Accounting Technician 11 EBHC Maintenance Cust. D14 Property Room Supervisor $ 11.682 $ 12.266 $12.880 $13.202 $ 13.532 $ 13.870 $14.217 Pol. Classification Operator Assessing Secretary Engineering Secretary Utilities Technician I D13 Police Secretary $ 11.398 $11.967 $12.566 $ 12.880 $13.202 $ 13.532 $ 13.871 Recreation Secretary EBHC SecJReceptionist EBHC SecJBilling Clerk AdmJElections Secretary Public Srv. Clerical Tech. Comm. Dev Secretary & Clerk D8 Switchboard OpJReception $ 10.074 $ 10.577 $11.107 $11.384 $ 11.668 $11.960 $ 12.260 Police Receptionist EBHC Assistant Innkeeper EBHC Crew Chief D6 Custodian $ 9.588 $10.067 $10.572 $10.836 $ 11.106 $11.384 $ 11.669 D1 Community Service Officer $ 8.475 $ 8.898 $ 9.344 $ 9.577 $ 9.816 $ 10.062 $ 10.314 12/9/97 3:37 PM NonExempt SCHEDULE F CITY OF BROOKLYN CENTER 1998 EMPLOYEE POSITION AND CLASSIFICATION PLAN POLICE OFFICER POSITIONS HOURLY RATE SCHEDULE L.E.L.S. LOCAL NO 82 HOURLY RATE PROGRESSION T S EPS P1 P2 P3 P4 P5 POSITION 72% 79% 86% 93% 100% Police Officer $15.900 $17.446 $18.992 $20.538 $22.085 Conversion Table Monthly $2,756 $3,024 $3,292 $3,560 $3,828 Annual $33,072 $36,288 $39,504 $42,720 $45,936 NORMAL PROGRESSION: Step P1 is the starting wage. Advance to Step P2 after six months of employment. Advance to Step P3 after one year of employment. Advance to Step P4 after two years of employment. Advance to Step P5 after three years of employment. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. INTERVALS: P5 is top police officer salary. P1 is 72% of P5; P2 is 79% of P5; P3 is 86% of P5; P4 is 93% of P5. CONVERSION TABLE Sergeants: HOURLY MONTHLY ANNUAL Patrol P5 monthly salary plus $412 $24.462 $4,240 $50,880 Admin. P5 monthly salary plus $467 $24.779 $4,295 $51,540 Comm Service P5 monthly salary plus $467 $24.779 $4,295 $51,540 ® LONGEVITY AND EDUCATIONAL INCENTIVE: Percent of Base Pay based on longevity or educational credits to be paid as supplementary pay: EDUCATIONAL CONVERSION TABLE LONGEVITY COLLEGE QUARTER CREDITS HOURLY MONTHLY ANNUAL 4-8 years 45 -89 $0.588 $102 $1,224 8 -12 years 90 -134 $0.975 $169 $2,028 12 -16 years 135 -179 $1.367 $237 $2,844 16 years and over 180 or more $1.760 $305 $3,660 SPECIAL JOB CLASSIFICATION: Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $175 per month or $175 prorated for less than a full month in addition to their regular wage rate. CONVERSION TABLE HOURLY MONTHLY ANNUAL A. Investigator $1.010 $175 $2,100 B. School Liaison Officer $1.010 $175 $2,100 NOTE: The Police Officer positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly rate to monthly and annual rates. The conversion tables are for informational purposes only and are not a part of the official wage schedule. • 1997 -1999 Local 49 (Maintenance) Pay Plan Non-exempt eligible for overtime) >ailE.. �t:.:g7�98 X599 Maintenance III 16.67 17.17 17.69 Maintenance II 16.03 16.51 17.01 Step 3 14.91 15.36 15.82 Step 2 13.81 14.22 14.65 Step 1 12.70 13.08 13.47 Start 11.58 11.93 12.29 Mechanic 16.71 17.21 17.73 Night Service Person 15.77 16.24 16.73 Welding 16.38 16.87 17.38 Crew Leader: An Employee assigned in writing by the Dept. Head or Public Works Superintendent, to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. Public Works Maintenance staff are under contract with Local 49 for 1997 - 99. • 12/9/97 3:02 PM Local 49 �6 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: December 11, 1997 SUBJECT: Set Date and Time of Council Meetings I would ask that the Council set the following dates and times for Council meetings: January 12, 1998 Regular Session, 7 p.m., Council Chambers, City Hall January 20, 1998 Work Session, 7 p.m., Conference Room B, City Hall February 27, 1998 Facilitated Council Retreat, Earle Brown Heritage Center 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer . 6c City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, a er DATE: December 9, 1997 j SUBJECT: City Advisory Commission Automatic Resignations By City Council Resolution each City advisory commission is established and duties and responsibilities are set forth. Each resolution provides for the removal of commission members by automatic resignation when a commission member has had three consecutive unexcused absences or unexcused absences from a majority of duly called commission meetings. The resolutions provide that the City staff liaison inform the Mayor of such automatic resignations. This places the City staff liaison in a tenuous position since the advisory commission members are appointed by the City Council. The resolutions could be amended to provide that the City Council liaison or the • commission chair inform the Mayor of such automatic resignations. I would ask that the Council discuss this item and direct staff to prepare amended resolution to reflect policy change. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer In the event an appointed Commissioner suffers from an extended illness, • disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Initial Appointment The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resignations— Removal from Office— Vacancies Commissioners may resign voluntarily or may be removed from office by the Mavor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexeused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from officeAtne City staff liaison shall inform the Mavor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City The procedure for filling Commission vacancies is as follows: i. Notices of vacancies shall be posted for 30 days before anv official City Council action is talon: (O MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: December 10, 1997 SUBJECT: Resolution Approving Amendments to the Fire Department Relief Association Bylaws The Fire Department Relief Association is requesting an increase in their pension benefits. Benefits were last increased in January 1994. The current proposal is to increase the lump sum benefit to $5,000 per year of service while keeping the monthly benefit at $26.50 per month times the number of years of service. These benefits form a major component of the compensation the firefighters receive for their efforts. The first attachment is a projected cost of benefit increase prepared by Van Iwaarden Associates. It shows that with the proposed benefit increase and projected 1997 investment income, the actuarial accrued liability of the plan would be $45,000 as of January 1, 1998. This represents a funding percentage of 98.5 %. The next attachment is Schedule I from the 1996, annual report. It shows that for the last ten years, the funding percentage has varied from 87.5 % to 112.6 %. In spite of the variations, the Ci ty has never been asked to increase contributions except when a benefit increase was proposed. Van Iwaarden was asked to analyze the portfolio to determine risk resulting from a stock market downturn. Approximately 70% of the plan's assets are in interest bearing securities which aren't subject to market loss as long as they are held to maturity. The other 30% is in stock mutual funds which could suffer a market loss. Van Iwaarden concluded that even with a 10% market loss, no increase in city contribution would be needed. The funding percentage in that event would still be 95.5 %. A letter from Craig Swanberg, President of the Relief Association, announces that the members have given their approval to the benefit increase. They also reaffirmed their interest in converting the plan to defined contribution. Also attached is a memo from Fire Chief Ron Boman explaining the benefits and city contributions of several neighboring cities. The Fire Relief Association has requested and the 1998 proposed budget contains the continuation of the city contribution at the previous level of $108,451. • Finally, there is a one page summary of the bylaw changes and a complete copy of the bylaws with the changes. Member introduced the following resolution and moved its adoption: • RESOLUTION N RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATTQN RYT .AVM$ WHEREAS, The Brooklyn Center Fire Department Relief Association has written new bylaws which incorporate several changes including a benefit increase for retirees from the previous bylaws written in 1994; and WHEREAS, Van Iwaarden Associates has conducted an actuarial valuation and benefit study and determined the anticipated assets available for benefits as of December 31, 1997 to be sufficient to support the proposed benefit level; and WHEREAS, The City contribution of $108,451 was provided for in the 1997 Annual Budget and it is proposed to maintain that contribution level. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. that the Bylaws of the City of Brooklyn Center Fire Department Relief Association dated • January 1, 1998, are approved. 2. that the increase in the lump sum benefit to $5,000 per year defined in the bylaws be put into effect as of January 1, 1998. 3. that continued payment of the City contribution is authorized. Date Mayor ATTEST: City 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. 12.05:'97 FRI 19:50 R4% 812 905 4489 Van Iwaarden Associates 011) 0 2 Brookipn Center Fire Department Relief Association • J4nu a.ty_1 , 19.E Pro of Bene £t.Iner -me (Values shown are estimates based on January 1, 1997 assets and liabilities) Current Plan . $4,000 $5,000 Lump Sum Lump Sum Be De .fit B enefi t* �P�ese Vatue �.4 c cum ttlat�d B ene �t s,_(P YAg} 1. PVAB as of January 1, 1998 a. Active members $1,365,000 $1,706,000 b. Vested terminated members 165,000 165,000 c. Retired members 750,000 750,000 d. Spouses receiving benefits 265,0.0-0- 265,000 e. Total PVAB $2,545,000 $2,886,000 2. Special fund as of January 1, 1998 ** 2,950,000 2-9 50,400 3. Unfunded PVAB as of January 1, 1998 ($405,000) ($64,000) B -. Actttaria I_ta ¢��y_(A,�1L,1 1. AAL as of January 1, I998 a. Active members $1,451,000 $1,815,000 b. Vested terminated members 165,000 165,000 c. Retired members 750,000 750,000 d. Spouses receiving benefits 2_fi5 000 Z61000 e. Total AAL $2,631,000 $2,995,000 2. Special fund as of January 1, 1998 ** 2,9-5-000, 2,950,0.0-(_) 3. Unfunded AAL as of January 1, 1998 ($319,000) $45,000 C Annual_Cnnfribrttion 1. Credit for Surplus (32,000) 0 2. Amortization Payment 0 3,000 3. Normal Cost 48,000 61,000 4. Administrative expense 1.4,0.0-0 Uaffl 5. 1998 Annual contribution (1.+ 2. + 3. +4.) $30,000 578,000 6. State Aid (8$ (RR 000) 7. Municipal contribution (5.+ 6.) $0 SO *Thu benefit exceeds the maximum benefit payable for firefighters terminating during 1997, but will be payable beginning January 1, 1998 assuming sufficient average available financing pursuant to MSA §424A.02. "Estimated January 1, 1998 assets were provided by the relief association. 12/05 ?97 12/05/97 13:50 TX /RX N0.1243 P.002 schedl SCHEDULEI • BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION REQUIRED SUPPLEMENTARY INFORMATION PERS ANALYSIS OF FUNDING PROGRESS YEARS 1987 THROUGH 1996 (B) _ (A) (A) (B) UNFUNDED NET ASSETS (1) PENSION (A) / (B) PENSION FISCAL AVAILABLE BENEFIT PERCENTAGE BENEFIT YEAR FOR BENEFITS OBLIGATION FUNDED OBLIGATION 1987 $1,946,629 $1,955,685 99.5% $9,056 1988 2,086,031 2,385,246 87.5% 299,215 1989 2,300,599 2,469,110 93.2% 168,511 1990 2,409,110 2,554,707 94.3% 145,597 1991 2,538,897 2,568,341 98.9% 29,444 • 1992 2,679,535 2,662,919 100.6% (16, 616) 1993 2,848,075 2,894,711 98.4% 46,636 1994 2,685,737 2,793,015 96.2% 107,278 1995 2,734,697 2,715,210 100.7% (19,487) 1996 $2,668,001 $2,369,045 112.6% ($298,956) ( All amounts for 1988, 1991, and 1993 are based on an actuarial valuation. Amounts for 1987, 1989, 1990, 1992, 1994, 1995, and 1996 are based on an actuarial update of the most recent valuation. Analysis of the dollar amounts of net assets available for benefits, pension benefit obligation, and unfunded pension benefit obligation in isolation can be misleading. Expressing the net assets available for benefits as a percentage of the pension benefit obligation provides one indication of the PERS's funding status on a going concern basis. Analysis of this percentages over time indicates whether the system is becoming financially stronger or weaker. Generally, the greater this percentage, the stronger the PERS . BROOKLYN CENTER FIRE DEPT. RELIEF ASSN. JANUARY 1, 1998 PROJECTED COST OF BENEFIT INCREASE • CURRENT PLAN $4000 ' $5000 LUMP SUM LUMP SUM BENEFIT BENEFIT COST BASED ON THE JAN. 1, 1998 FUND VALUATION ACTUARIAL ACCRUED LIABILITY $2,631,000 $2,995,000 INVESTMENT FUND VALUATION 2,950,000 2,950,000 --------- ----- -- - - -- --------------- ----- UNFUNDED LIABILITY, 1 -1 -98 ($319,000) $45,000 REQUIRED CONTRIBUTION: NORMAL COSTS & EXPENSES $30,000 $75,000 AMORTIZATION OF UNFUNDED LIABILITY 0 3,000 --- ---- --- ---- - - - - -- ------------------ $30, 000 $78,000 STATE AID ($88,000) ($88,000) MUNICIPAL CONTRIBUTION 0 0 ASSUME A 10% DECREASE IN VALUATION DUE TO MARKET FLUCTUATIONS INVESTMENT FUND NOT SUBJECT TO MARKET FLUCTUATIONS $2,065,000 INVESTMENT FUND SUBJECT TO MARKET FLUCTUATIONS 885,000 DECREASE IN FUND VALUATION (88,500) ADJUSTED INVESTMENT FUND BALANCE $2,861,500 COST OF INCREASE AFTER ADJUSTMENT FOR DECREASE IN MARKET VALUE ACTUARIAL ACCRUED LIABILITY $2,631,000 $2,995,000 INVESTMENT FUND - ADJUSTED 2,861,500 2,861,500 ----- -- ---- --- - - - - -- --------------- - - - -- UNFUNDED LIABILITY ($230,500) $133,500 REQUIRED CONTRIBUTION: NORMAL COST & EXPENSES $39,000 $75,000 AMORTIZATION OF UNFUNDED LIABILITY 0 10,000 ---- -- ------- - - - ---- -------------------- $39,000 $85,000 • STATE AID ($88,000) ($88,000) MUNICIPAL CONTRIBUTION 0 0 `N GE ta 5� o ¢ c a 9 ROOKLYN CENTER FIRE DEPARTMENT Brooklyn Center Fire Department Relief Association s3o1 shingle creek Parkway Emergency Fire 911 Brooklyn Center, Minnesota.55430 Telephone - 569 -3360 December 9, 1997 FAX - 561 -0717 Mayor Myrna Kragness City Council Members: Kathleen Carmody Debra Hilstrom Kay Lasman Bob Peppe Your Honor, Members of City Council The members of the Brooklyn Center Fire Department Relief Association have approved a proposal to increase the maximum lump sum pension benefit from the current $4,000 per year of service to $5,000 per year of service. This proposal has been presented, reviewed discussed, and met with Mr McCauley's approval. We request your consideration and subsequent approval of this proposal. The membership has also approved the board to diligently and thoroughly investigate the steps required to convert or BCFD Pension Plan from defined benefit to defined contribution. This process has been preliminarily reviewed by the board through discussion and interviews with members of other Fire Departments who have gone through the process. It is deemed to take as much as two years of time. We agree to freeze our lump sum benefit at the adjusted rate of $5,000 per year of service until this investigation can be completed. It is our hope that these initiatives will allow your approval of our proposed changes. Sincerely, C ' Craig Swanberg President Brooklyn Center Fire Department Relief Association GH�FF �LYN •: r 1 6DOKLYN CENTER - FIRE DEPARTMENT . MEMORANDUM TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief SUBJECT: Fire Pensions of other Cities DATE: December 9, 1997 1 have called a number of cities that have volunteer fire departments and inquired as to the amount of pension they are paying their firefighters per year of service. I have currently received pension information from the following cities, Brooklyn Park, Crystal, Fridley, • Columbia Heights, Plymouth and SBM (Springlake Park, Blaine, Moundsview) Fire Departments. Plymouth Defined Benefit $4,800 per year of service SBM Defined Benefit $500 per month after 20 years No lump sum available. Brooklyn Park, Crystal, Fridley, Columbia Heights are all in the Defined Contribution plan type of pension plan which is more difficult to come up with an actual yearly lump sum benefit because of the variables of plans and the more years you put in the higher your yearly lump sum benefit will be. The sum per year of service from departments that are in the defined contribution plans run from $3,800 to $6,000 per year of service per fire fighter. I also inquired as to how much each of the above Cities are contributing to the relief association pension funds and amount ranges from $2,600 to $3,200 per fire fighter per year, this amounts to $104,000 to 128,000, which is made up of the State 2% with the Cities contributing the balance needed to fund the plan, which is between $20,000 and $30,000 per year. TO: MEMBERS OF THE BROOKLYN CENTER FIRE DEPARTMENT • FROM: CRAIG SWANBERG PRESIDENT BROOKLYN CENTER FIRE RELIEF ASSOCIATION RE: BYLAW CHANGES DATE: DECEMBER 8, 1997 ARTICLE V. MEMBERSHIP Delete full time position with the Bfeeklyn Gentef Fife I . and joins FifeiPeliee PERA and has at least 10 yeefs of sefviee shall eentinue to seefue benefits with the until the mernbef aehieves 10 yeafs. The rnernbef wall then be piseed in a deferred annue nterest fate setually earned by the BGF9 Relief Asseeistion, but met to 40 This change has to be amended because it is in violation of current state statues regarding pensions, you cannot remove a member of the relief association if he/she is required to be a member of the relief association in order to be a member /officer of the fire department. And under our current bylaws you have to be a member of the relief association in order to be a member of the fire department. ARTICLE VII. BENEFITS Revision Section 2. Service Pensions. (1) Basic Service Pension for Retired Members. Upon approval of an application therefor, a monthly service pension based on Table 1 below for each year of active service with the Fire Department shall be paid to each retired member during the remainder of his or her natural life; provided, however, that for purposes of computing such service pension, no retired member shall be given credit for more than 30 years of active service with the Fire Department towards a monthly benerrt level Table 1 Effective Monthly Benefit Lump Sum Date of Retirement Level Level 111198 - - -- $ 26.5 0 5 000 BYLAWS BROOKLYN CENTER FIRE DEPARTMENT • RELIEF ASSOCIATION ARTICLE 1. OFFICERS, TRUSTEES, AND COMMITTEES Section 1. Board of Trustees. The Board of Trustees shall be composed of the President, Vice- President, Secretary and Treasurer of this Association, and two trustees elected in the same manner as the officers of the Association. The Board of Trustees shall also include the Mayor, Finance Director, and Fire Chief of the City of Brooklyn Center, who shall serve as ex- officio members. The ex- officio members shall not serve as officers of the Board of Trustees. Section 2. Term. Each officer shall hold office for the term of two years and until the officer's successor has been elected and has qualified. Each elected trustee who is not an officer shall hold office for the term of two years, and such terms shall expire in alternate years. Section 3. Election. Each officer and each elected trustee shall be a member of the Association. The Secretary and Treasurer shall be elected at the regular annual meeting, and the President and Vice - President shall be elected at the regular annual meeting in the alternate year. Section 4. Vacancies. Vacancies in office or any other vacancy on the Board of • Trustees shall be filled by appointment by the remaining members of the Board for the unexpired portion of the term. Section 5. Removals. Any officer or elected trustee may be removed for cause at a special meeting of the members by a majority vote of those entitled to vote at an election of officers and trustees. No officer or trustee shall be removed unless written notice of the meeting at which removal is to be considered states such purpose. When an officer or trustee has been removed, new officers or trustees may be elected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected and have qualified. ARTICLE II. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Duty The President shall preside at all meetings of this Association, sign all checks drawn by the Treasurer for the payment of such sums of money as may from time to time be authorized by the Bylaws or as may be voted properly ed by the Board of Trustees, sign all certificates and notices requiring the President's signature to authenticate them, and have general supervision over the Association and its affairs. 1 The President shall furnish a surety bond approved by and in an amount set by the Board of Trustees; the amount of bond required may be altered from time to time • in the discretion of the said Board. Said bond shall be paid for by the Association. Section 2. Vice - President's Duty. The Vice - President shall assist the President and during the President's absence or disability perform the duties of the President. Section 3. Secretary's Duty. The Secretary shall give the required notice of all meetings of the Association and all meetings of the Board of trustees. The Secretary shall notify each officer and each trustee of his or her election or appointment to office. The Secretary shall keep a minute book noting therein the proceedings at ail meetings of the Association and the Board of Trustees, and a membership roster listing the names and addresses of all members of the Association, together with the date when each member became or ceased to be such. The Secretary shall act as a custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be directed by the Board of Trustees. In conjunction with the City Finance Director, the Secretary must in June of each year certify an estimate of the monies necessary to meet actuarial requirements. The books, records and other materials in the custody of the Secretary shall be at all times subject to any lawful inspection. The Secretary shall, at each meeting of the Board of Trustees, make a report in • writing of the proceedings of the last meeting, of the names of all persons who have become or ceased to be members since the Secretary's last report, and such other information as shall show the general conation of the Association. The Secretary shall turn over all monies received by the Secretary to the Treasurer within a period of ten days and shall obtain a receipt. Section 4. Treasurer's Duty. The Treasurer of the Association shall receive and safely keep all monies belonging to the Association, and disburse the same, only as directed, by check signed by the President and countersigned by the Treasurer. Under the direction of the City Treasurer, the Treasurer shall keep an account book in which the Treasurer shall enter all money transactions of the Association, including the dates and amount of all receipts and the source from which derived, and the dates and amount of all expenditures with the payee and object. At each regular meeting of the Board of Trustees, the Treasurer shall make a report stating the names of all persons to whom benefits or pensions have been initiated or terminated and the amount of each, the amount of money received since the last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, and the amount of money on hand and where the same is invested or deposited. • 2 The Treasurer shall examine all claims against the Association and ascertain and • report to the Board of Trustees whether or not they are proper and correct before the allowance thereof by said Board. The Treasurer shall furnish to the Secretary whatever information may be necessary for the maintenance of complete books and records by the Secretary, and shall perform such other duties as may be directed by the Board of Trustees. Before entering upon the duties of office, the Treasurer shall furnish a sufficient surety bond approved by and in an amount set by the Board of Trustees consistent with the Articles of Incorporation and the laws of the State of Minnesota. The amount of bond required may be altered from time to time in the direction of the said Board. Said bond shall be paid for by the Association. Section 5. Powers and Duties of Board of Trustees. The Board of Trustees shall have control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association, with full power and authority to carry out the objects and purposes of the Association as set forth in the Articles of Incorporation, these Bylaws and the laws of the State of Minnesota. Section 6. Compensation of Secretary and Treasurer. The compensation to be paid to the Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting, subject to the approval of the City Council. ARTICLE III. SPECIAL FUNDS Section 1. Deposits. Special Fund monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Section 2. Disbursements. No monies shall be disbursed from the Special Fund for any initial service on survivor's benefits until after being reviewed by the City Finance Director. No disbursement of the Special Fund of the Association shall be made except by checks signed by the President or Vice President and countersigned by the Treasurer. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the members, no check shall be issued until such expenditure has been approved by the Board of Trustees. Section 3. Funds. All funds received by this Association from taxes levied by the City Council of Brooklyn Center for Fire Department relief, all funds received from • 3 the gross premiums tax levied by the State on fire insurance and related insurance • policies, and all funds or property donated, granted or devised to this Association for the benefit of the Special Fund, or transferred to said Special Fund, shall be kept in the Special Fund on the Association books and shall be disbursed only for such purposes as may be authorized by the laws of the State of Minnesota. The Special Fund shall be generally maintained and administered by the City Finance Director and Association Trustees. Section 4. Annual Report The Secretary and Treasurer of the Association shall provide all annual financial data requested by an auditor for preparation of an annual report. The audit report shall contain all data required for the prior year's activities of the Association and duplicate copies shall be filed with the City Finance Director and State Auditor by July 1 of each year. Section 5. Investments. To the extent that they are not required for current operating expenses, the monies of this Association shall be invested by the Board of Trustees in such income- paying properties and securities as may be authorized by law. The policy of the Relief Association is to show a consistent rate of return from year to year in accordance with the prevailing market conditions and to maintain an investment portfolio that will minimize the risk of loss to the Association. All funds received shall be invested in a timely manner with a broker or investment manager that has been approved by the Board of Trustees. Each investment made should be closely monitored by a member of the Board of Trustees or a representative approved by the Board to insure the investment is in accordance with the Relief Association investment policy. Securities shall be held in safekeeping in the Association's name, with a bonafide custodian where the account is insured up to at least $2.5 million. Any security not in safekeeping with a bonafide custodian must be kept in the custody of the City's Director of Finance. Funds shall be invested only in high grade securities with approximately 50% of the investments being in U.S. Government or government backed securities. Bonds must be investment grade quality (BBB) or better and no funds shall be invested in common stock without specific approval of the Board. Funds may be invested in mutual funds only after a review of the prospectus or most recent financial report by an authorized representative of the Board. Length of maturities generally shall be in the intermediate range of 12 -15 years. 4 A performance review of the investment portfolio is to be done on a quarterly basis • to insure compliance with the Association's investment policy. Deviations from this policy must have prior approval of the Board of Trustees and such approval properly documented in the Boards Minutes. Section 6. Custody of Funds or Dissolution In case this Association be discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new Treasurer, the funds shall be paid to the City Finance Director to be held in trust by the City Finance Director and paid out only in accordance with the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. ARTICLE IV. GENERAL FUND Section 1. Deposits. General Fund monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Section 2. Disbursements. No monies shall be disbursed from the General Fund until the Association has approved the annual operating budget of the specific expenditure. N xp o disbursement of the General Fund shall be made except by check signed b an authorized signer. 9 Y g n er • Section 3. Fun ds. The General Fund shall be credited all monies received from dues, fines, initiation fees entertainment revenue and an monies of property Y P p rtY donated, given, granted, or devised by any person, for unspecified uses. The Treasurer shall be the custodian of the assets of the General Fund. The Treasurer shall maintain adequate records documenting any transaction involving the assets or revenues of the General Fund. These records shall be open for inspection by the Association Financial Planning /Audit Committee. Section 4. Financial Planning /Audit Committee 1.0 It shall be the duty of the Financial Planning /Audit Committee to recommend plans for managing general funds received by the Brooklyn Center Volunteer Fire Department Relief Association. 2.0 The Committee shall set short and long range objectives and recommend plans for achievement of the objectives. 3.0 Plans for achievement of short and long range objectives shall be presented to the membership at the regular meeting in January. Financial reports related to short range objectives shall be presented to the membership at least quarterly at regular meetings. 5 4.0 The committee shall examine accounts of the Treasurer at least once . each year and shall present a report of the examination to the membership at the regular meeting in January. 5.0 Membership of the Financial Planning /Audit Committee shall consist of five (5) regular members and the Treasurer. Members shall be appointed by the President of the Association subject to approval of the membership. Terms of office of the regular members shall be three (3) years and shall expire in alternate years. ARTICLE V. MEMBERSHIP Section 1. Membership. All members of the Brooklyn Center Fire Department shall be members of the Association. Section 2. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a member of this Association from and after the date of adoption of these Bylaws. All members shall retire from the Association according to the provisions of Section 5 -1102d of the City Ordinances. Section 3. Termination of Membership. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. Seetien 4. Termonation Due to Fu'l-Time Position. Any member who seeepts a full time pesitien with the Brooklyn Genter Fire Department and jeins FireiPeliee P and has at least 10 years of sefv*ee shall eentinue to aeerue benefits with the B Re'oef Asseeiatien until the membe0s ne)d anniversary date. If the member has less than 10 years ef service, the member she'! eentinue to aeerue benefits until the membef sehieves 10 years. The fnembef will then be pleeed in a defer exeeed 5% The lump surn benefit YAll be eampounded annually based on ealen yes r bw 8 1 1 Val In ARTICLE VI. MEETINGS Section 1. Meetings of the Board of Trustees. Regular meetings of the Board of Trustees shall be held at such times and places as are designated by said Board. Notice of such meeting shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by making a request therefor to the Secretary, who shall notify all members of the Board of the time, place and purpose of the meeting at least 24 hours in advance. • 6 Section 2. Annual Meeting The annual meeting of this Association shall be held • on the second Monday of February of each year, except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all members at least five days in advance. Section 3. Srecial Meetings Special meetings of the members maybe called at any time upon the written order of the President and one other member of the Board of Trustees, or of five members of this Association. The Secretary shall give written or telephone notice to each member of the Board of Trustees and each member of this Association entitled to vote of the time, place and purpose of such meeting at least three days in advance. Section 4. Quorums A majority of the members of the Board of Trustees shall constitute a quorum for the transaction of any business at meetings of the Board and one -half of the members of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of investments. A number less than a quorum may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. Section 5. Order of Business. At the annual and at all special meetings the order �. of business shall be as follows: (a) Call to order (b) Reading of minutes of previous meetings (c) Treasurer's report (d) Unfinished business (e) New business (f) Adjournment Section 6. Voting. Each member in good standing shall be entitled to one vote upon any matter voted upon by the membership. Cumulative voting and voting by proxy shall not be permitted. ARTICLE VI1. BENEFITS Section 1. Definitions. For the purpose of these Bylaws the terms defined in this section shall have the following meanings ascribed to them: (1) " Member ' means a person who is currently enrolled as an active firefighter in the Fire Department, and who belongs to the Brooklyn Center Fire • 7 Department Relief Association. The member becomes vested for retirement • benefits upon reaching 10 years of service. (2) " Retired member means a former member, (a) who has retired from the Fire Department; and (b) who has had an active period or periods of service in the Fire Department of 20 years or more, although such service need not be I continuous; and (e) who has reached the age of 50 years or more; and (d) who has retired after December 31, 1993. (3) " Deferred pensioner means a former member, (a) who has separated from the Fire Department; and (b) who has had an active period or periods of service in the Fire Department of 10 years or more, although such service need not be continuous; and • (c) who has not reached the age of 50 years or more; and (d) who has separated after December 31, 1993. (4) Previously retired member means any retired member, or deferred pensioner but who separated from the Fire Department prior to January 1, 1994. (5) " Surviving Spouse means any person who was the dependent spouse of a deceased member, retired member, deferred ensioner or earl retired i P Y member and who was living with such member both at the time of such member's death and for at least one year prior to the date on which the member terminated active service with the Fire Department. (6) " Surviving child or children means a member's, retired member's, early retired member's, or a deferred pensioner's child or children under the age of 18 years, and who were living while the deceased member, retired member, early retired member, or deferred pensioner served on active duty with the Fire Department or who were born within nine months after the • 8 deceased member, retired member, early retired member, or deferred • pensioner had withdrawn from active duty while on the Fire Department. (7) " Length of service or " years of active service means completed years and months of service i w th the Fire Department from the date of appointment as a probationary member of the Fire Department to the date of separation from the Fire Department for those persons separated after January 31, 1974, excluding, however, all periods during which a person was on a leave of absence or under suspension from the Fire Department. (8) " Fire Department means the City of Brooklyn Center Fire Department. Section 2. Service Pensions. (1) Basic Service Pension for Retired Members. Upon approval of an application therefor, a monthly service pension based on Table 1 below for each year of active service with the Fire Department shall be paid to each retired member during the remainder of his or her natural life; provided, however, that for purposes of computing such service pension, no retired member shall be given credit for more than 30 years of active service with the Fire Department toward a monthly benefit level. Table 1 Effective Monthly Benefit Lump Sum Date of Retirement Level Level V V94"Qi3l/94 $24.50 $3,%G VV96 $26.50 , 111198 26.50 $5.0 00 (2) Basic Service Pension for Previously Retired Member. Effective January 1, 1994, the service pension for a previously retired member, or any benefits in pay status to a surviving spouse of a previously retired member before January 1, 1994 shall be increased by ten percent (10 %). (3) Service Pensions for Deferred Pensioner. 9 A member who is otherwise qualified for a service pension but who has not • reached the age of 50 years may retire from the Fire Department without forfeiting the member's right to such pension. Upon approval of an application therefor, the deferred pensioner shall receive a pension based on Table 1 above multiplied by such person's years of active service with the Fire Department and further multiplied by the decimal equivalent of the applicable percentage determined from the following table: Years of Applicable Service Percentage 10 60 11 64 12 68 13 72 14 76 15 80 16 84 17 88 18 92 19 96 20 and beyond 100 The deferred pensioner's lump sum benefit at termination will accrue at an annual interest rate actually earned by the BCFD Relief Association but not to exceed 5 %. The lump sum benefit will be compounded annually based on calendar year balances. Section 3. Permissible Forms of Benefit. Any retired member or deferred pensioner may elect to receive any pension benefits provided in this Article VII in the following forms: (1) Straight Life Annuity. This is the form of the basic service pension provided to retired members, deferred pensioners or early retired members and which is described in Sections 2(1), (3) above. (2) Lump Sum Distribution. In lieu of the straight life annuity described in Section 3(1) above and all other benefits otherwise provided in these Bylaws, any retired member or deferred pensioner may elect to receive such person's service pension in the form of a lump sum distribution. The amount of such lump sum distribution shall be equal to the product of (i) see Table 1 above multiplied by (ii) the number of completed years and months of active service with the Fire 10 Department; provided, however, that for purposes of computing such • lump sum distribution, no person shall be given credit for more than 30 years of active service with the Fire Department; provided, further, that in the case of an early retired member the amount of the lump sum distribution shall be computed in the manner described in this Section 3(2) but then reduced in the manner provided in Section 2(4) above in multiplying the amount otherwise determined in this Section 3(2) by the applicable percentage specified in the schedule set forth in Section 2(4) above. (3) Joint and 100% Survivor. The basic service pension defined in Sections 2(1), (3) or (4) above is adjusted to provide a survivor's benefit for such member's spouse equal to the amount of the adjusted monthly benefit payable to such member. The adjusted monthly benefit payable to such member equals the product of (i) the monthly service pension otherwise determined under Sections 2(1), (3) or (4) above multiplied by (ii) the Joint and 100% Survivor Factor. The Joint and 100% Survivor Factor is .85 +.005 (Y -X) where Y is the spouse's age at the benefit commencement date and X is the member's age at the benefit commencement date. The maximum value of the Joint and 100% Survivor Factor is one (1). After the member's death, the spouse who was married to the member on the date benefit payments commenced shall be entitled to receive the same benefit the deceased member was receiving for the remaining lifetime of the surviving spouse. (4) Joint and 50% Survivor. The basic service pension defined in Section 2(1), (3) or (4) above is adjusted to provide a reduced survivor's benefit for such member's spouse equal to fifty percent (50 %) of the amount of the adjusted monthly benefit payable to such member equals the product of (i) monthly service pension otherwise determined in Sections 2(1), (3) or (4) multiplied by (ii) the Joint and 50% Survivor Factor. The Joint and 50% Survivor Factor is .92 + .003 (Y -X) where Y is the spouse's age at the benefit commencement date and X is the member's age at the benefit commencement date. The maximum value of the Joint and 50% Survivor Factor is one (1). After the member's death, the spouse who was married to the member on the date benefit payments commenced shall be entitled to receive 50% of the benefit the deceased member was receiving for the remaining lifetime of the surviving spouse. (5) Consent of Spouse Required. If the member is married on the date when any benefits payable under Sections 2 and 3 above first 11 become payable, the spouse of the person entitled to receive those • benefits must consent in writing to the election of the form of payment. The spouse's signature must be notarized. (6) Commencement Date of Benefits. All payments will commence on the latter of (i) the first day of the first calendar month immediately following the calendar month during which the retired member, deferred pensioner or early retired member attains age 50, or (ii) first day of the calendar month which immediately follows the calendar month in which the Board of Trustees approves an application for benefits. Section 4. Survivor's Benefits. Upon the death of a member after December 31, 1993 or upon the death f � th o a deferred pensioner or earl P P Y retired member who withdrew from active service after December 31, 1993, an amount equal to the greater of (a) the basic monthly service pension which had accrued as of the date of such member's death or (b) Table 2 below, shall be paid to the surviving spouse, if any, during the remainder of the spouse's natural life. In lieu of such straight life annuity and all other benefits a able under these Bylaws, such surviving P Y Y 9 shall have the right to receive a lump sum distribution in the amount which had accrued as of the date of death in such deceased member. If such deceased member died without a surviving spouse, then a lump sum distribution in the amount which had accrued as of the date of such deceased member's death shall be paid to the beneficiary designated by such deceased member, if any; otherwise, such sum shall be paid to the estate of such deceased member. Table 2 Effective Dates Survivors' Monthly Benefit 1/1/94-12/31/94 $490 1/1195-12/31/95 $510 1/1/96 ----- - - - - -- $530 Upon the death of a retired member, a survivor's benefit shall only be payable if the retired member had elected to receive such member's benefits in the permitted forms of joint and survivor's benefits described in Section 3 (3) and (4) above. Section 5. Children's Benefits. (1) Upon the death of a member, early retired member or deferred pensioner who is survived by a spouse and children and if such spouse is entitled to receive a survivors benefit pursuant to Section 4 above, then an additional benefit equal to 25 percent of the surviving spouse's monthly benefit shall • 12 I . also be paid to the surviving spouse for each surviving child until each respective child reaches the age of 18 years; provided, however, that the total additional payment to the surviving spouse for the benefit of the children under this Section shall not exceed 100 percent of the amount of the spouse's own benefit; provided, further, that if the surviving spouse elects to receive a distribution of such survivor's benefits in the form of a lump sum distribution, then no additional benefits shall be payable to such spouse for the benefit of such deceased member's children. Section 6. Funeral Benefits. In addition to the other benefits provided herein, upon the death of a member, retired member, previously retired member, deferred pensioner or early retired member a funeral expense benefit of $2,500 shall be paid to the surviving spouse, if any; otherwise, such sum shall be paid to the representatives of the estate on such deceased member, retired member, previously retired member, deferred pensioner or early retired member; provided, however, that such funeral expense benefit shall not be payable if the deceased member, retired member, previously retired member, deferred pensioner or early retired member, or their surviving spouse, children or estate representative has elected to receive the basic service pension benefits provided in these bylaws in the form of a lump sum distribution. Section 7. Payments Exempt No payments of benefits made or to be made by the Association as provided herein shall be assignable or subject to judgment, garnishment, execution or other legal process. ARTICLE VIII. APPLICATION FOR BENEFITS Section 1. Form. All applications for benefits shall be made in writing on forms supplied by the Treasurer. Section 2. Application for Pensions All applications for pensions shall be submitted to the Board of Trustees at a regular meeting or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (a) The age of the applicant; b The period of service in and the date of retirement from the Fire Department; (c) The length of time the applicant has been a member of this Association; and (d) Such other and further information as the Board of Trustees may require. • 13 Every application for a pension or other benefits afforded any member of the • Brooklyn Center Fire Department Relief Association by law or by these Bylaws should be made to the Board of Trustees of the Brooklyn Center Fire Department Relief Association within six months of the day upon which the member, retired member, previously retired member or the surviving spouse, or the surviving children of a member, retired member, previously retired member, or deferred pensioner first became entitled to receive a pension or benefit pursuant to law or these Bylaws. If an application for benefits is submitted to the Board of Trustees within such six (6) month period then approval of such application the applicant shall be entitled to receive, together with the first regular payment of any monthly benefits a sum equal to all of the monthly benefits which had accrued from the date the applicant attained age 50 or the applicant otherwise qualified for a benefit hereunder to the actual commencement date of the benefit payments to the applicant; provided, however, that such retroactive benefit payments shall only be payable if the applicant elects an annuity form of distribution and shall not be available if the applicant elects a lump sum form of distribution. If an applicant fails or neglects to submit an application for benefits to the Board of Trustees within such six (6) month period then the applicant shall not be entitled to receive any such retroactive benefit payments. The election by a retired member, early retired member, or previously retired member of any form of benefit provided under these Bylaws shall be an irrevocable waiver of the retired member's, early retired member's, or previously retired member's right to elect any other form of benefit • provided under these Bylaws and shall be binding upon such member, such member's heirs and assigns and such member's surviving spouse and children. If the retired member, early retired member or previously retired member shall be married at the time an application for such benefits is submitted to the Board of Trustees, then such member's spouse must also consent in writing to the form of payment elected by such member. Section 3. Approval of Application. (a) No benefits or pensions shall be paid until an application therefor has been approved by the Board of Trustees. When consistent with applicable laws, decisions of the Board shall be final as to the payment of such benefits or pension, and if the Board deems it for the best interest of the Association, it may suspend or reduce the amounts paid for benefits or pensions. No person receiving a pension shall be paid any other benefits by this Association except as otherwise specifically provided herein. (b) All payments required or provided for by law, or the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. li • 14 ARTICLE IX. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT • Section 1. Lump Sum Benefits. In the event that the services of all volunteer firefighters are discontinued or, the volunteer division of the City of Brooklyn Center Fire Department is abolished, then the volunteer firefighters who are members of the Association at the time of such discontinuance and abolition may elect to be paid a service pension in a lump sum, in lieu of all other benefits provided in these Bylaws, in an amount multiplied by the number of completed years and months of active service rendered in the Fire Department by such member prior to such discontinuance and abolition; provided, however, that the Association's obligation to pay the foregoing lump sum benefit is subject to the availability of sufficient assets to pay such lump sum benefit and any other benefits then accrued, and in the event that the Association's assets are insufficient to pay all such benefit claims, then the only assets available to pay such lump sum benefits to those persons having less than 10 years service with the Fire Department shall be those assets in excess of the actuarially determined amount necessary to pay those benefits which were accrued as of the date of such discontinuance or abolition; provided, further, that nothing in this Section 1 shall be deemed to restrict, diminish or deny any benefits to any member who had any vested interest in any benefits provided in these Bylaws determined as of the date of such discontinuance or abolition. • 15 (p MEMORANDUM • DATE: December 9, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer` SUBJECT: Resolution Establishing Improvement Project No. 1998 -14, Kylawn Park Trail Linkage and Naming Fiscal Agent for Administration of Grant Funds Received Through the Regional Trail Initiative Grant Program This past year, we submitted an application to the Minnesota Department of Natural Resources (DNR) for funds to assist in the completion of a trail linkage to Kylawn Park. The funding requested was available to selected applicants as part of the National Recreational Trails Grant Program. The program makes funding available for specific projects with a 50% local match required. Projects are often awarded based upon specific Federal and State review criteria, and the degree of need and justification provided by applicants. Recently, we were notified that we will receive funding for the completion of a trail linkage to Kylawn Park. The trail link would essentially consist of the construction of a bituminous pathway connecting the south end of Kylawn Park to June Avenue near 59 -1/2 Avenue (see attached map). This would provide improved pedestrian and bicycle access to Kylawn Park for properties located south and east of the park. This trail has been contemplated in the City's comprehensive trail plan, and funding to cover the City's match requirement has been proposed in the 1998 Municipal State Aid -Local budget. The estimated trail improvement cost as submitted in the application is $28,000. Therefore, $14,000 would be provided from the Federal /State grant, with a matching amount of $14,000 required of the City. A trail currently exists in an unimproved state, and is utilized by some park patrons. However, because the pathway crosses a short ditch/waterway and is not paved, full utilization of the path is not realized, particularly by bicycles and those with physical limitations. In addition to paving of the existing path, a pedestrian bridge, boardwalk, or culvert as needed would be constructed to allow full unmotorized access to the park for all users. Although matching grant money has been approved by the DNR, an extensive amount of administrative work must be completed before funding will be released. This work includes required reviews and approvals of the local watershed, environmental assessment worksheets, wetland impact reviews, etc. In addition, a resolution and /or legal certification from the governing authority (applicant) must be provided demonstrating the following: 1. Shows concurrence with the trail development partially being funded by the Regional Trail Initiative Grant Program, and 2. Names the fiscal agent from your unit of government for this project. Council Recommendation Approve the attached resolution establishing Improvement Project No. 1998 -14, Kylawn Park Trail • Linkage and Naming Fiscal Agent for the Administration of Grant Funds Received Through the Regional Trail Initiative Grant Program. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. _ RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -14, KYLAWN PARK TRAIL LINKAGE AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE REGIONAL TRAIL INITIATIVE GRANT PROGRAM WHEREAS, the City of Brooklyn Center desires the completion of a trail linkage providing non motorized access to Kylawn Park from the south; and WHEREAS, the total estimated cost to construct said trail linkage project is $28,000; and WHEREAS, the City has applied for and subsequently been granted a conditional grant fund award from the National Recreational Trail Fund Grant Program through the Minnesota Department of Natural Resources in an amount of $14,000 for said project; and WHEREAS, a matching amount of $14,000 is required of the City to provide for completion of said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Improvement Project No. 1998 -14, Kylawn Park Trail Linkage is hereby established. 2. The City of Brooklyn Center acknowledges and accepts grant money from the National Recreational Trail Grant Program through the Minnesota Department of Natural Resources in the amount of $14,000. 3. A local matching amount of $14,000 from the MSA -local fund is committed by the City of Brooklyn Center to provide for completion of the project. 4. The Finance Director of the City of Brooklyn Center shall serve as the fiscal agent for said project. Date Mayor ATTEST: City 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. 1 1 C APITAL 1 1 IMPROVEMENT 1 P ROGRAM 1 1998 -2002 ZrR 1 1 Street Improvements Government Buildings g i . AL �s Park Improvements Public Utility Improvements 1 1 City of 1 Brooklyn Center 1 1998 -2002 CAPITAL IMPROVEMENTS PROGRAM ' TABLE OF CONTENTS Page Introduction 1 ' Public Utilities Water Utility ... 9 Sanitary Sewer Utility ............ ............................... 11 Storm Drainage Utility ............ ............................... 13 Streets, Sidewalks, and Trails Streets ................ ............................... 15 ' Sidewalks and Trails ............. ............................... 17 Parks, Public Facilities, and Capital Equipment Parks ................ ............................... 19 . Government Buildings ..:: : :::::::::::::::::::::::::::: : ::::::::: 22 Miscellaneous Equipment 22 TABLES ' Table 1: Summary By Functional Area .. ............................... 3 Table 2: Summary By Fund ......... ............................... 5 Table 3: 1998 Projects ............. ............................... 7 ' Table 4: Summary By Function and Fund ............................... 8 Table 5: Water Utility Projected 5 Year Balance .......................... 10 Table 6: Water Utility Facilities Future Maintenance or Replacement Needs ........ 11 ' Table 7: Sanitary Sewer Utility Fund Projected 5 Year Balance ................ 12 Table 8: Sanitary Sewer Utility Facilities Future Maintenance or Replacement Needs .. 13 Table 9: Storm Drainage Utility 5 Year Projected Balance .................... 14 ' Table 10: Municipal State Aid Fund 5 Year Projected Balance ................. 16 Table 11: General Fund Contributions to Street Projects 5 Year Projected Balance .... 17 Table 12: Local State Aid Fund 5 Year Projected Balance .................... 18 ' Table 13: Parks Facilities Future Maintenance or Replacement Needs ............ 21 Table 14: Capital Improvement Fund 5 Year Projected Balance ................ 23 ' FIGURES Figure 1: By Functional Area ........ ............................... 4 Figure 2: By Funding Source ........ ............................... 6 ' APPENDIX Table A: Water Utility ............ ............................... Al ' Map A: Water Facilities ..... ........ A2 Table B: Sanitary Sewer Utility ..................................... A3 Map B: Sewer Facilities ..... ............................... A4 ' Table C: Storm Drainage Utility ..... ............................... A5 Map C: Drainage Facilities .. A6 Table D: Sidewalk and Trail Improvements ............................. A7 Map D: Sidewalk & Trail Facilities ............................. A8 ' Table E: Park Improvements ........ ............................... A9 Map E: Park Facilities ...... ............................... All Table F: Public Buildings Improvements .............................. Al2 ' Map F: Public Buildings .... ............................... A13 Table G: Street Improvements ...... ............................... A14 Map G: Street Improvement Projects ........................... A19 t � I City of Brooklyn Center Capital Improvement Program, 1998 -2002 By Functional Area Water Sanitary Sewer ° ° 2% Storm Drainage ° ° Parks 2% Other Street 4 ` Improvements 44% s j ° F Public Buildings 26% Trails & Sidewalks State Aid Streets 1 13% Totals Year Proposed Expenditures = $45,121,729 1998 -2002 CAPITAL IMPROVEMENTS PROGRAM INTRODUCTION The Capital Improvement Program (CIP) is a planning document. It is intended to serve as a summary of the physical improvements proposed to carry out the City's strategic and comprehensive plans. The CIP presents a schedule of improvements and an evaluation of the community's financial capabilities, as well as its goals and priorities. In such a way, the community can be assured that it is adequately prepared to meet the demands on its financial resources in the coming years. ' No document or planning process, however, can anticipate all contingencies or opportunities. Certainly not all of the capital improvements to be undertaken during this time period are known at this time. Rather, the information contained in these tables represents a best estimate of improvements and their costs based on present knowledge and expected conditions. The CIP is a flexible planning tool that provides a means to determine which projects are of highest priority. The City can be responsive to opportunities because it has available a comprehensive listing of its needs which can be evaluated and reprioritized if necessary to take into account new or changing situations. ' For the purposes of this report, a capital improvement can be defined as any major non - recurring expenditure or any expenditure for physical facilities of government. Typical expenditures are the cost of land acquisition or interest in land, construction of buildings or other structures; construction of ' roads, utilities, or park improvements; and pursuit of community development activities. Most capital improvements are typically funded from revenue sources other than the general fund. Maintenance of these improvements is primarily funded by the general fund. ' The CIP is directly linked to the goals and policies, land use and community facility sections of the Comprehensive Plan, since these sections indicate general policies of development, redevelopment, and ' the maintenance of the community. Consequently, the primary objective of the CIP is to integrate the specific goals, policies, and recommendations contained in the City's plan with its capability to pay for and maintain capital improvements. ' Meeting Strategic Goals ' The City's Comprehensive Plan, which was updated during 1997, presents the framework for programming, development and redevelopment within the community. This Comprehensive Plan identified the several general community goals. ' Carve out a unique and desirable niche in the Twin Cities are b capitalizing y p g on physical attributes such as: location, highway and bus access; sound and diversified housing stock; ' vibrant mixed -use center; attractive Brooklyn Boulevard Corridor; and interconnected park and open space system. ' Projects consistent with this goal are: ► Completion of park upgrades including playground equipment replacement, shelter renovations and replacement, and addition of amenities and linkages to regional parks. ' City participation in a Hennepin County street improvement project providing a major upgrade J Pg to Brooklyn Boulevard, improving safety, increasing capacity, and coordinating with ' redevelopment and enhancement projects. 1 ► Gain an increased sense of unity and place by: retrofitting the public elements of the neighborhoods; focusing and linking these neighborhoods toward an intensified, mixed use retail - office- residential -civic core; making major street corridors and other public spaces highly attractive; and celebrating diversity. i Projects consistent with this goal are: ► The continuation of a systematic program of neighborhood street and utility improvement projects designed to upgrade neighborhood infrastructure and improve the appearance of Brooklyn Center neighborhoods; ► Landscaping and enhancement projects on Brooklyn Boulevard and the three loops: commercial, neighborhood, and park, as well as rehabilitation of streetscaping in the Earle Brown commercial area; and ► A focus on the redevelopment of mature commercial sites by assisting in the construction of infrastructure improvements, such as regional storm water ponds. ► Develop a positive public image and strong community esteem. Projects consistent with this �oal are: ► Construction of new public facilities and rehabilitation of existing facilities to provide attractive and functional places for community gatherings. ► Provide cooperative leadership and sound management. i Projects consistent with this goal are: ► Continued maintenance and repair of the City's infrastructure, such as: painting and repairing well houses and water towers; rehabilitating sanitary sewer lift stations; repairing storm sewer outfalls; repairing sidewalks and retaining walls; sealcoating streets and trails; and replacing and expanding lighting at city parks. These major projects focus on maintaining a high quality of life and neighborhood focus and on redeveloping the community. The program provides for the continuation of the high level of public services which Brooklyn Center has come to expect and to enjoy. The detailed tables of proposed improvement projects are organized by functional area -- for example:, water system improvements, park upgrades, street projects, etc. The CIP begins with a series of summary tables and graphs showing the overall level of expected need and funding requirements. A summary of the proposed capital improvements by functional area for the five year period of 1998 through 2002 is shown in Table 1. A summary by funding source is shown in Table 2. Table 3 shows the projects proposed for consideration in 1998. All costs shown are best guess of future costs based on 1997 estimated costs. It must be understood that the scheduling of various improvements, especially those that are related to development or redevelopment, can change substantially from year to year. However, the overall level of improvements shown in this CIP represents the best judgment of what is necessary to maintain infrastructure in good condition, and to provide those facilities which are necessary to support public services through the year 2002. 1 1 City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 2 1 M = M M M = M M TABLE 1 - Capital Improvement Program - Summary by Functional Area 10-Dec-97 1997 1998 1999 20Ufl 2 ©d 7 2602 PUBLIC UTILITY IMPROVEMENTS: Water Utility Capital Projects 561,120 1,118,000 392,000 25,000 25,000 25,000 Sanitary Sewer Utility Capital Projects 213,904 225,000 525,000 0 0 0 Storm Drainage Utility Capital Projects (267,480) 3,078,000 80,000 50,000 50,000 50,000 SUBTOTAL $507,544 $4,421,000 $997,000 $75,000 $75,000 $75,000 SIDEWALK /TRAIL IMPROVEMENTS: Off - Street Trails 0 25,000 60,000 60,000 0 0 Sidewalks 25,000 125,000 75,000 25,000 0 25,000 SUBTOTAL $25,000 $150,000 $135,000 $85,000 $0 $25,000 PARK IMPROVEMENTS $0 $215,000 $190,000 $205,00 $$230,000 $180,000 PUBLIC BUILDINGS $125,000 $9,100,000 $$2,100,000 $450,000 $0 $0 STREET IMPROVEMENTS: Sealcoating Signals 0 18,000 25,000 0 0 0 State Aid Street Projects 1,142,410 292,500 892,500 1,899,550 1,085,000 585,000 Neighborhood Street Projects 3,675,831 3,295,000 2,639,000 2,465,000 2,429,300 3,920,094 Commercial Street Projects 0 967,000 0 0 0 0 Landscaping O 0 75,000 100,000 0 250,000 SUBTOTAL $4,818,241 $4,572,500 $3,631,500 $4,464,550 $3,514,300 $4,755,094 GRAND TOTAL $5,475,785 $18,458,500 $7,053,500 $5,279,550 $3,819,300 $5,035,094 TABLE 2 - Capital Improvement Program - Summary by Fund 10- Dec -97 1997 1998 1999 2Q, AQ 2Q03 2002 WATER UTILITY $1,769,658 $1,800,500 $865,750 $637,850 $468,800 $801,200 SANITARY SEWER UTILITY $947,819 $657,500 $904,500 $510,600 $438,600 $673,600 STORM DRAINAGE UTILITY ($56,924) $773,000 $268,750 $332,570 $292,100 $352,280 MSA- REGULAR $771,883 $447,500 $407,500 $133,000 $350,000 $610,000 MSA - LOCAL ACCOUNT ($38,306) $276,850 $533,750 $723,190 ($13,000) ($246,160) SPECIAL ASSESSMENTS $1,531,615 $1,528,150 $1,258,750 $1,443,500 $1,070,500 $1,726,414 CAPITAL IMPROVEMENTS FUND $135,000 $1,425,000 $2,280,000 $390,000 $200,000 $170,000 GENERAL FUND: STREET CONSTR $415,040 $650,000 $524,500 $376,440 $482,300 $687,760 GOLF COURSE FUND $0 $0 $10,000 $40,000 $30,000 $10,000 LIQUOR STORE FUND $0 $0 $0 $0 $0 $0 TIF FUNDS $0 $750,000 $0 $442,400 $250,000 $250,000 GENERAL OBLIGATION BONDS $0 $7,900,000 $0 $0 $0 $0 OTHER GOVERNMENTS $0 $2,250,000 $0 $250,000 $250,000 $0 L. GRAND TOTAL $5,475,785 $18,458,500 $7,053,500 $5,279,550 $3,819,300 $5,035,094 City of Brooklyn Center Capital Improvement Program, 1998 -2002 By Funding Source Storm Drainage Utility Sanitary Sewer Utility 4% Special Assessments 9% 19% Water Utility 14% Other Enterprise Funds GO Bonds 0% r._.._ . 18% MSA Regular 0 6 /o MSA Local A , 3% General Fund Other Funds 7% Capital Improvements Fund 10% 10% Total 5 Year Proposed Expenditures = $45,121,729 m m m m m m TABLE 3 - Capital Improvement Program - 1998 Projects TWX <z::: >: >s:5t1 i : :: »:: t .....................::.......... :.........4?tit.. :::::.::::.:._ Snnd:<;::;::: tvmnts ..... ....... M3Ai ...............+r.:::::::.:::: :•::::::.:.::. � ........:::: : .:::. ......:..... >::.; ...:.:::.:..::::::.:;;:<. > >s. <::;::<:::;�:: >iJti! Signal relamping $18,000 $18,000 Bellvue Park playgrnd & shelter $60,000 60,000 Evergreen Park shelter & lights 100,000 100,000 Happy Hollow playground equip 25,000 25,000 E Palmer playground equip 30,000 30,000 Construct public safety bldg' $4,300,000 4,300,000 Construct/rehab fire station" 3,600,000 3,600,000 Building projects contingency 1,000,000 1,000,000 Phone systems replacement 200,000 200,000 Kylawn/Preserve trail 25,000 25,000 Misc Sidewalk repairs 50,000 50,000 Repair retaining walls 25,000 25,000 Repair streetscape nodes 50,000 50,000 John Martin/Earle Brown Drive $201,250 $287,500 (201,250) $2,500 $2,500 292,500 James /67th commercial streets 382,900 164,100 547,000 Lee /68th commercial streets 294,000 126,000 420,000 Bellvue neighborhood streets $355,000 330,000 160,000 20,000 550,000 300,000 665,000 110,000 2,490,000 St AI's neighborhood streets 295,000 150,000 130,000 130,000 40,000 60,000 805,000 SCADA replacement 200,000 200,000 Wellhouse #7 rehab 14,500 14,500 Design 94,5 wellhouse rehab 30,000 30,000 Repaint Tower #3 700,000 700,000 Landscape Tower #1 50,000 50,000 Portable 250 KW generator 70,000 70,000 Water system study update 30,000 30,000 Well maintenance 23,500 23,500 Study relocating river line 25,000 25,000 INTRAC replacement 200,000 200,000 Misc structure improvements 58,000 58,000 Surface water study 10,000 10,000 20,000 Shingle Creek regional pond 500,000 2,250,000 L 2.750,000 Brooklyn Blvd redev pond 250,000 250,000 GRAND TOTAL $650,000 $750,000 $2,250,000 $1,358,150 $7,900,000 $1,425,000 $447,500 $276,850 $1,800,500 $657,500 $773,000 $170,000 $18,458,500 i I `Note: A portion of these costs will be expended in 1997: approximately $110,000 for architectural services /property acquisition for the fire station projects and $15,000 for the public safety project. I TABLE 4 - Capital Improvement Program - Summary By Function and Fund 10- Dec -97 ? » ><< >< ...:..,. ;;;;:;;»::;;;;:;.;:,;::.;::.;::.;>;;.....:.:...:<.:;,:<.:::.;;.>;:::;:<:;>;;;:.;;;:.;; : :.:..:..:..:: >:::.;:; >;;;;;::.: ;::;:.;:;;;;;.;;;; >;..:.; .:..:.;:;;.;;;;:,.;:.;;;: >:,,.;:.;::.;:.; ;;;::.:..:..:..;;;;;;;;;;::;;;: ........................ 7't. 988........:....:....:..:.:::::..::::.; 1. 9�; � ............................................:.::::::::::.::.::::................................................................::.:: ::. ::::�IvQ>f� , SDI: I'€;>;:.�:::.::.::; >:;.«.; >; PUBLIC UTILITY IMPROVEMENTS: Water Utility 561,120 1,118,000 392,000 25,000 25,000 25,000 Sanitary Sewer Utility 213,904 225,000 525,000 0 0 0 Storm Drainage Utility (277,480) 68,000 80,000 50,000 50,000 50,000 TIF /Other Governments /Capital Improvements Fund 10,000 3,010,000 0 0 0 0 SUBTOTAL $507,544 $4,421,000 $997,000 $75,000 $75,000 $75,000 SIDEWALK /TRAIL IMPROVEMENTS• TRAILS Local State Aid 0 25,000 60,000 60,000 0 0 SIDEWALKS Local State Aid 25,000 125,000 75,000 25,000 0 25,000 SUBTOTAL $25,000 $150,000 $135,000 $85,000 $0 $25,000 PARK IMPROVEMENTS Capital Projects Fund 0 215,000 180,000 165,000 200,000 170,000 Golf Course Fund 0 0 10,000 40,000 30,000 10,000 SUBTOTAL $0 $215,000 $190,000 $205,000 $230,000 $180,000 PUBLIC BUILDINGS Capital Improvements Fund 125,000 1,200,000 2,100,000 225,000 0 0 Water Utility 0 0 0 112,500 0 0 Sanitary Sewer Utility 0 0 0 112,500 0 0 Liquor Fund 0 0 0 0 0 0 GO Bonds 0 7,900,000 0 0 0 0 SUBTOTAL $125,000 $9,100,000 $2,100,000 $450,000 $0 $0 STREET IMPROVEMENTS MSA - Regular 771,883 447,500 407,500 133,000 350,000 610,000 MSA - Local (63,306) 126,850 398,750 638,190 (13,000) (271,160) Water Utility 1,208,538 682,500 473,750 500,350 443,800 776,200 Sanitary Sewer Utility 733,915 432,500 379,500 398,100 438,600 673,600 Storm Drainage Utility 220,556 705,000 188,750 282,570 242,100 302,280 Special Assessments 1,531,615 1,528,150 1,258,750 1,443,500 1,070,500 1,726,414 Infrastructure Fund 415,040 650,000 524,500 376,440 482,300 687,760 TIF Revenue 0 0 0 442,400 250,000 250,000 Other Governments 0 0 0 250,000 250,000 0 SUBTOTAL $4,818,241 $4,572,500 $3,631,500 $4,464,550 t $3,514,300 $4,755,094 GRAND TOTAL $5,475,785 $18,458,500 $7,053,500 $5,279,550 $3,819,300 $5,035,094 ' 1. PUBLIC UTILITIES a. Water Utility The City's water utility provides service to 8 820 customers in Y P Brooklyn Center. The City also has cooperative agreements with the adjacent cities of Brooklyn Park and Robbinsdale to provide service to about 100 border customers in those cities where Brooklyn Center has mains but those cities do not. About 12 homes in Brooklyn Center receive their water from the City of Minneapolis. ' The water utility finances all costs for water supply, distribution, operations and maintenance, and capital improvements. Revenues are generated through water use charges, connection charges, and special assessments. Charges are adjusted annually based on a rate study analysis which reviews ' operation, maintenance, and construction costs and projected water demand. Substantial cash expenditures have been made from the water utility in the past few years, and ' additional substantial expenditures are expected in the next two to four years. These expenditures are primarily cyclical in nature, such as painting and repairs to the three water towers and replacement of the SCADA system. In 1997, the utility replaced over 5 miles of water main in the Orchard West ' neighborhood, which historically has had water quality problems and maintenance issues. As a result of these large capital expenditures, the balance in the fund has fallen considerably. This is acceptable, as the balance was considered too high. The target balance in this fund is $1.5 million. 5 Year Improvements Short term activities relate primarily to routine maintenance, and improvements associated with Neighborhood Street and Utility Improvement Program. 1. Continue o tinue the routine well inspection and maintenance program to assure the continued functioning of the existing wells. t 2. Replace the aging SCADA p g g (Supervisory Control and Data Acquisition) system to provide more reliable automated control of water pumping, tower contribution to ' system flow, and energy efficiency. 3. Repair the interior and exterior coatings and provide for structural repair of the water ' towers. Tower #2 was completed in 1997, with Tower #3 scheduled in 1998 and Tower #1 in 1999. ' 4. Rehabilitate the exterior of the older well houses, especially those located in residential neighborhoods, and make necessary repairs such as replacement of doors, roofs, etc. ' S. Make various water distribution system improvements to assure the system's ability to deliver needed capacities to all portions of the City during peak demand periods and for fire protection, and replace existing mains as necessary with the Neighborhood Street ' and Utility Improvement Program. City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 9 ' Table 5 WATER UTILITY FUND PROJECTED 5 YEAR BALANCE ao�:::..: Starting $4,483,103 $3,421,154 $2,268,343 $2,008,434 $1,963,079 $2,084,267 ' Balance Revenues Investment interest 260,020 198,427 131,564 1,164,897 113,859 120,887 ' User fees 1,108,050 1,112,500 1,160,250 1,185,750 1,211,250 1,236,750 Other 70,000 85,225 85,586 86,786 87,290 87,808 Expenditures Capital outlays 1,645,577 1,800,500 865,750 637,850 468,800 801,200 ' SCADA replacement 25,000 200,000 0 0 0 0 Wellhouse rehabilitation 0 44,500 167,000 0 0 0 Routine well maintenance 25,000 23,500 25,000 25,000 25,000 25,000 ' Tower painting /repair 210,000 750,000 200,000 0 0 0 Street improvements 1,084,457 682,500 473,750 500,350 443,800 776,200 Previous years' projects 280,120 Other (bldg projects) 21,000 100,000 0 112,500 0 0 Transfers 0 0 0 0 0 0 Debt service 0 0 0 0 0 0 Operating costs 730,361 748,463 771,559 796,530 822,411 849,236 Ending $3,421,154 $2,268,343 $2,008,434 $1,963,079 $2,084,267 $1,879,276 Balance Long -term Improvements ' Long -term improvements require detailed evaluation of capacity following the extensive distribution system improvements constructed in the past several years, and future water quality regulations. ' 1. In 1998, the periodic Water System Analysis study last conducted in 1989 ( "The Black and Veatch study ") will be updated. The results of this study will help determine long term capital needs. This study will review the water consumption trends to determine if additional capacity is necessary. The study will also review the current and projected requirements of the reauthorized Safe Drink Water Act, to determine the ' impact on our treatment system. Of particular concern would be amendments to the law which would require the construction of a treatment facility. 2. The following is a listing of major water utility facilities and future major maintenance or replacement needs: City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 10 Table 6 ' WATER UTILITY FACILITIES FUTURE MAINTENANCE OR REPLACEMENT NEEDS ' FACILITY > YEAR BUILT 5 YEAR LONG TERM Well #2 (B Blvd) 1959 2001: routine maintenance Routine maintenance every 6 years ' Well #3 (at Tower #2) 1961 1998: exterior rehab Routine maintenance every 6 years 2001: routine maintenance Well #4 (Evergreen W) 1961 1999: routine maintenance Routine maintenance every 6 years 1999: exterior rehab Well #5 (70th/Camden) 1966 2002: routine maintenance Routine maintenance every 6 years 1998: exterior rehab ' Well #6 (69th/Emerson) 1965 2000: routine maintenance Routine maintenance every 6 years 1998: exterior rehab ' Well #7 (Evergreen E) 1970 1998: routine maintenance Routine maintenance every 6 years 1999: exterior rehab Well #8 (Camden/Woodb) 1977 2000: routine maintenance Routine maintenance every 6 years 1999: exterior rehab Well #9 (Camden N) 1984 1999: routine maintenance Routine maintenance every 6 years Well #10 (Camden S) 1990 2003: routine maintenance Routine maintenance every 6 years ' Tower #1 (France) 1958 1999: repair coatings Inspect coatings 5 -6 years following repairs; rehab in 15 -20 years Tower #2 (Dupont) 1960 1997: repair coatings Inspect coatings 5 -6 years following repairs; rehab in 15 -20 years Tower #3 (Centerbrook) 1973 1998: repair coatings Inspect coatings 5 -6 years following repairs; rehab in 15 -20 years ' SCADA 1986 1998: replace Periodically upgrade, replace when technologically obsolete ' b. Santa Sewer r Ut111ty The City's sanitary sewer utility provides service to 8,800 customers in Brooklyn Center. The City also has cooperative agreements with the adjacent cities of Brooklyn Park and Robbinsdale to provide service to about 100 border customers in those cities where Brooklyn Center has mains but those cities do not. The sanitary sewer utility finances all costs for operations and maintenance and capital improvements ' through sewer use charges, connection charges and special assessments. Charges are adjusted annually based on a rate study analysis which reviews operation, maintenance, and construction costs, as well as sewage treatment charges from the Metropolitan Council Environmental Services (formerly ' Metropolitan Waste Control Commission), which provides wastewater treatment for the entire Twin City metro area. MCES charges account for about 3/4 the annual operating expenditure of the utility. ' Substantial cash expenditures have been made from the sanitary sewer utility in the past few years; capital expenditures in the next several years are expected to be less costly, confined mostly to replacement of mains as necessary through the Neighborhood Street and Utility program. In the past City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 11 several years the utility has replaced the two primary lift stations, number 1 in Garden City Park and number 2 on Lyndale Avenue, and relined or replaced where possible a substantial amount of corrugated metal pipe which was used for some major interceptors in the late 1950s. As a result of these large capital expenditures, the balance in the fund has fallen considerably. This is acceptable, as the balance was considered too high. The target minimum balance in this fund is $1.0 million. While current projections show the fund periodically falling below that minimum, project costs are reviewed annually, and adjustments may or may not need to be made in future years based on more current information. 5 Year Improvements ' Short term activities relate primarily to routine maintenance, and improvements associated with the Neighborhood Street and Utility Improvement Program. ' 1. Continue routine sewer televising and lift station inspection and maintenance program. 2. Replace the existing lift station monitoring system, INTRAC, to improve its reliability. ' 3. Replace any segments of sewer which have been identified as needing replacement by the television inspection program, and as necessary with the Neighborhood Street and ' Utility Improvement Program. 4. Replace two smaller lift stations which are reaching the end of their useful life. Table 7 SANITARY SEWER UTILITY FUND PROJECTED 5 YEAR BALANCE Starting $1,766,723 $1,375,149 $1.200,259 $822,550 $855,778 $1,011,316 ' Balance Revenues Investment interest 102,470 79,759 69,615 47,708 49,635 58,656 ' User fees 2,246,744 2,343,460 2,442,636 2,527,548 2,623,050 2,745,490 Other 1,000 1,000 1,000 1,000 1,000 1,000 Expenditures ' Capital Outlays 947,819 657,500 904,500 510,600 438,600 673,600 INTRAC replacement 25,000 200,000 0 0 0 0 Replace lifts 1110 & 11 0 0 275,000 0 0 0 ' River line 0 25,000 250,000 0 0 0 Street improvements 733,915 432,500 379,500 398,100 438,600 673,600 Previous years' projects 167,904 Other 21,000 0 0 112,500 0 0 ' Transfers 0 0 0 0 0 0 Debt service 0 0 0 0 0 0 ' Operating costs 318,969 416,609 430,960 445,818 461,205 477,137 MCES charge 1,475,000 1,525,000 1.555,500 1,586,610 1,618,342 1,650,709 Ending $1,375,149 $1,200.259 $822,550 $855,778 $1,011,316 $1,015,016 Balance City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 12 Long -Term Improvements Long term improvements relate specifically to replacement of major facilities. The following is a list of ' those facilities and their maintenance or replacement needs. ' Table 8 SANITARY SEWER UTILITY' FACILITIES FUTURE MAINTENANCE OR REPLACEMENT NEEDS FACILITY: YEAR BUILT ' 5 YEAR LONG TERM Lift Station #1 (Garden City) 1997 Monitor, maintain & rehab as necessary ' Lift Station #2 (Lyndale) 1993 Monitor, maintain & rehab as necessary Lift Station #3 (Palmer Lake) 1982 Monitor, maintain &rehab as necessary ' Lift Station #4 (Queen & 55th) 1990 Monitor, maintain & rehab as necessary Lift Station #5 (Indiana & 56th) 1990 Monitor, maintain & rehab as necessary Lift Station #6 (France & LakeB) 1988 Monitor, maintain & rehab as necessary Lift Station #7 (Willow Lane) 1990 Monitor, maintain & rehab as necessary Lift Station #10 (58th & June) 1967 1999: replace Monitor, maintain& rehab as necessary ' Lift Station #11 (SCP) 1969 1999: replace Monitor, maintain & rehab as necessary ry ' Lift Station #12 (Freeway) 1985 Maintain & rehab as necessary. Review condition in 2015 INTRAC 1984 1998: replace Periodically upgrade, replace when technologically obsolete C. Storm Drainage Utility ' The City's storm drainage system consists of storm sewer piping and a series of storm water detention ponds. The Local Water Management Plan has established a goal of constructing new and /or replacing ' old storm sewers plus adding additional storm water ponds to provide adequate drainage for a five year storm. The Plan also requires private developments to provide on -site drainage system and storage necessary to treat storm water and retain all drainage on -site for up to six hours after a five year storm. Substantial capital improvements have been undertaken in the years since the storm drainage utility fund was established in 1991. Through revenue bonds the fund financed the acquisition of property and the construction of Bob Cahlander Park, which includes a 4 acre storm water detention and water quality pond. The neighborhood projects which have been undertaken in the past several years have had very substantial storm drainage components. As a result, the fund has expended all its reserves. A less aggressive level of improvement will be pursued until reserves can be rebuilt and a minimum ' balance of $500,000 can be maintained. In addition, the special assessment component of street improvements will increase so that property owners are paying a larger share of the cost of installation of new storm sewers. ' The storm drainage utility finances all costs for storm g ty drainage system operations and maintenance and capital improvements. Capital improvement bonds and special assessments supplement the SDU. City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 13 Charges are adjusted annually based on a rate study analysis which reviews all costs relating to the ' storm drainage system. 5 Year Improvements Short term activities include both major drainage improvements and improvements associated with the Neighborhood Street and Utility improvement Program. ' 1. Through Tax Increment Financing and other sources, construct a retention/treatment pond to serve the Brooklyn Boulevard /69th Avenue redevelopment area ' 2. Through Tax Increment Financing and grant funding secured from the Department of Trade and Economic Development, jointly construct with the City of Minneapolis a ' series of detention ponds to serve the Brookdale commercial area and some residential areas. This joint project includes improvements to the ponds at the Centerbrook Golf Course, and the construction of a large, regional pond in Minneapolis called the ' Shingle Creek Regional Pond. 3. Complete storm drainage improvements as necessary with the Neighborhood Street and Utility Improvement Program. 4. Complete the detailed, "phase II" study of the city's storm drainage systems, which ' addresses in a more detailed fashion water quality treatment strategies and necessary capital improvements. Table 9 STORM DRAINAGE UTILITY 5 YEAR PROJECTED BALANCE Starting ($177,005) ($20,706) $49,831 $317,718 $530,095 $788,588 ' Balance Revenues Special assessments 10,614 10,159 9,704 9,249 8,794 8,339 User fees 858,000 936,000 936,000 936,000 936,000 936,000 Bond sales 600,603 170,000 262,500 279,380 244,200 394,920 Interest 2,890 18,428 30,746 45,738 Other 167,531 308,500 ' Expenditures Capital outlays 1,058,327 943,000 531,250 611,950 536,300 747,200 Structure improvements 0 58,000 50,000 50,000 50,000 50,000 Misc studies 10,000 10,000 30,000 0 0 0 Previous years' projects 539,908 Street improvements 220,556 705,000 188,750 282,570 242,100 302,280 ' Park and ride pond (50,000) Assessed portion of proj 337863 170,000 262,500 279,380 244,200 394,920 ' Debt service 238,095 242,190 237,957 239,510 240,350 240,500 Operating costs 184,027 168,932 174,000 179,220 184,597 190,134 Ending ($20,706) $49,831 $317,718 $530,095 $788,588 $995,751 balance City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 14 Long -term 1=ovements The Phase II study will likely identify some large capital improvement projects which could be g P P P J considered in the long term. 2. STREETS, SIDEWALKS, AND TRAILS ' Improvements to streets, sidewalks, and trails are funded from a variety of sources. The largest of these are the Special Assessment Construction Fund, special assessments, the various public utilities, ' Municipal State Aid, and the Local State Aid Fund. The sources of funds for the Special Assessment Construction Fund are: the General Fund; special assessment revenue bonds; special assessments; and excess funds transferred from bond repayment funds being closed out. The Municipal State Aid Fund ' is supported by gas tax revenues which are apportioned to the state, counties, and cities to provide for the construction, maintenance, and reconstruction of a network of roadways known as the State Aid System. About 21 miles of City streets are designated MSA streets, and the City receives about ' $800,000 annually for these improvements. Finally, the Local State Aid Fund consists primarily of excess funds available when special assessments on a state aid project and MSA reimbursement exceed the cost of the project. The LSA Fund is used primarily to finance sidewalk and trail improvements, ' and that part of improvements on an MSA project which is not eligible for MSA financing. a. Streets ' The City is responsible for maintaining just over 100 miles of streets; about 80 miles are classified as neighborhood streets, and just over 21 miles as Municipal State Aid streets. Capital improvements generally include mill and overlay improvements and total reconstruction. The Pavement Management Program conducted by Braun Intertec in 1992 has been used to help ' identify the City's street reconstruction needs. From the results of this analysis and an ongoing review of utility needs, a plan to reconstruct or rehabilitate as necessary the City's streets has been developed. This plan has been designated the Neighborhood Street and Utility Improvement Program. 1 When this program began in 1994, it was anticipated that reconstructing or rehabilitating the City's streets could take about 20 years, at a rate of 4 -6 miles of streets per year. On further analysis, it is likely that financial considerations will not allow that pace to be sustained continuously. Accordingly, ' it is expected that annually between 3 and 4 miles can be reconstructed until 2005. In 2005, 2006, and 2007, debt on previous street improvement bonds will be retired, and the property tax levy dedicated to servicing that debt can be redirected to the "pay as you go" projects. ' The policies guiding the designation of streets to be improved are as follows: 1. Improvements proceed on a neighborhood basis, rather than piecemeal and strictly on "need. " This approach has the benefits of a) minimizing construction cost by confining improvements to one area rather than multiple sites throughout the city; b) approaching ' drainage needs on an area wide basis; and c) allowing for more efficient construction administration and inspection. 2. Brooklyn Center has historically had two methods of identifying "neighborhoods ": planning neighborhoods, and park service districts. These are fairly large areas, which often do not make a suitable base for assessing infrastructure needs. To retain its City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 15 primary emphasis as one of infrastructure rehabilitation, for the purposes of the ' Neighborhood Program, storm drainage areas are the basis of identifying neighborhoods. However, in many cases "natural" neighborhoods do not conform precisely to drainage areas, so the boundaries of an improvement area might be ' amended slightly to define a broader area. It may also for various reasons be prudent to construct improvements to only a portion of a neighborhood at one time. ' 3. Priorities are established as follows: a) Areas with multiple needs; ' b) Improvements which could immediately reduce operating costs; C) Areas petitioned for by a majority of the property owners; d) Areas which would complete regional improvements; and ' e) Improvements which could benefit from being coincident with redevelopment. ' 5 Year Improvements 1. Mill and overlay two MSA streets in commercial districts: John Martin Drive and Earle ' Brown Drive. 2. Work cooperatively with Hennepin County to accomplish the widening and ' enhancement of Brooklyn Boulevard from 65th to 71st Avenues. 3. Consider several landscaping and "streetscaping" projects to enhance the appearance of the City and promote neighborhood unity and sense of place. Table 10 MUNICIPAL STATE AID FUND 5 YEAR PROJECTED BALANCE Starting $132,977 $104,150 ($92,099) ($67,159) $229,135 $306,395 Balance Revenues Intergovernmental 911,272 830,000 830,000 830,000 830,000 830,000 ' F-wenditures Capital Outlays 541,511 627,771 407,500 133,000 350,000 610,000 France Avenue 298,741 180,271 Previous years' projects 242,771 John Martin/Earle Brown Dr 0 287,500 287,500 0 0 0 France, 50th to 53rd 0 0 0 0 350,000 0 53rd, France to 55th 0 0 0 0 0 350,000 ' Neighborhood streets 0 160,000 120,000 133,000 0 260,000 Transfers 90,000 90,000 90,000 90,000 90,000 90,000 ' Debt service 308,588 308,478 307,560 310,706 312,740 308,787 Ending $104,150 ($92,099) ($67,159) $229,135 1 $306,395 1 $127,608 balance I City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 16 i ' Table 11 GENERAL FUND CONTRIBUTIONS TO STREET PROJECTS 5 YEAR PROJECTED BALANCE Starting $0 $182,713 $156,713 $256,213 $503,773 $645,473 Balance ' Revenues Special assmnt fund interest 30,000 30,000 30,000 30,000 30,000 30,000 Transfer from Cap Imp Fund 173,753 General had contribution 394,000 594,000 594,000 594,000 594,000 594,000 ' Erpenditures Capital Outlays 415,040 650,000 524,500 376,400 482,300 687760 Orchard West 415,040 0 0 0 0 0 Bellvue South 0 355,000 0 0 0 0 St. Al's 0 295,000 0 0 0 0 ' Humboldt Gateway 0 0 524,500 0 0 0 Garden City Central 0 0 0 376,440 0 0 Garden City North 0 0 0 0 482,300 0 ' Tangletown South 0 0 0 0 0 196,760 Garden City South 0 0 0 0 0 441,000 ' Ending $182,713 $156,713 $256,213 $503,773 $645,473 $581,713 Balance ' Long-term ov n ' 1. Continue the rehabilitation and reconstruction of residential streets, under the Neighborhood Street and Utility Improvement program. ' 2. Continue improvements under the Municipal State Aid street program. These improvements may be coordinated with Neighborhood projects, or may be stand - alone. ' 3. Monitor intersections with growing traffic volumes for possible future traffic signal installation. ' b. Sidewalks and Trails A comprehensive sidewalk system which serves all major activity areas and corridors of pedestrian ' traffic has been established. Only a few segments of this system remain to be completed. In addition, the City has developed a plan for development of a comprehensive trail system to provide recreational ' trails for pedestrians and transportation trails for bicyclists. Both on- street and off - street trails are being developed, and integrated into the regional trail system which serves the Twin City metropolitan area. Where feasible, trail construction is being coordinated with other construction projects to assure lowest cost development of this system. Funding for sidewalk and trail improvements is provided by ' City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 17 1 two accounts within the Municipal State Aid Construction fund. Activities included in the CIP for ' future consideration include:. ' 5 Year Improvements 1. Continued maintenance and repair of existing sidewalks and trails. ' 2. Construction of several trail segments, with emphasis given to segments which connect major trail systems. ' 3. Designation of on- street and on- sidewalk trail systems. ' 4. Repair of sidewalk retaining walls throughout the City. 5. Repair of landscaping nodes in the Earle Brown Farm commercial district.. 6. Mill and overlay four commercial streets via two improvement projects: Lee /68th Avenues and James /67th Avenues. ' Table 12 LOCAL STATE AID FUND 5 YEAR PROJECTED BALANCE ....::.;.::....: zaoe ► ..::::::.:::.::.:; .. zaoFz .. . 3E1 4" F7t`IzXlpf? eat ' Starting $2,713,524 $2,850,970 $2,530,920 $2,136,370 $1,530,680 $1,627,870 Balance Revenues Investment interest 149,240 156,800 139,200 117,590 84,190 89,530 Other ' Expenditures Capital Outlays 11,794 476,850 533,750 723,190 (13,000) (246,160) Sidewalks 25,000 125,000 75,000 25,000 0 25,000 Trails 0 25,000 60,000 60,000 0 0 ' Street improvements (63,306) 126,850 (201,250) 33,940 (13,000) (271,160) 69th Ave landscaping 50,100 Brooklyn Boulevard 600,000 604,250 ' Reimburse SDUs 200,000 Ending $2,850,970 $2,530,920 $2,136,370 $1,530,680 $1,627,870 $1,963,560 ' Balance ' Long -term Improvements a. Completion of the 53rd Avenue trail link between the Shingle Creek/North Hennepin Trail ' Loop trail and the North Mississippi Regional Park trail. b. Consideration of the Twin Lake Trail system and Shingle Creek trail head improvements. 1 City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 18 III. PARKS, PUBLIC FACILITIES, AND CAPITAL EQUIPMENT Improvements to parks and other public facilities such as the Civic Center, central garage, and fire stations, are made primarily through the Capital Improvements Fund. Certain types of large -scale equipment q pment such as telephone systems are also purchased through the CIF. The CIF is funded from a variety of sources, with the largest being the General Fund and proceeds from GO bond sales. In ' 1997, the CIF was split into two funds: the $1 million Capital Reserve Emergency Fund, and the Capital Improvements Fund. The CIF is intended for park, building, and other miscellaneous improvements, while the CREF is a restricted fund intended to provide emergency financing for ' nonreimbursable emergency expenses or emergency cash flow. There is no established minimum balance for the CIF. Since all the improvements under the following three sections are financed primarily through the CIF, the table projecting its balance in 5 years follows the final section. a. Parks The Brooklyn Center park system has not received systematic major capital improvement since the bond issue of 1980. Since that time, minor improvements have been made through the operating ' budget, such as continued replacement as necessary of backstops, hockey boards, trail lights, picnic tables, trash receptacles, warming house flooring and furnaces, and bleachers. Since 1994, through the Capital Improvements Fund a program of playground replacement has been underway. Playgrounds at 13 parks have been replaced, with five parks remaining. A thorough review of park facilities has been completed, and a plan for improvements has been developed. This plan anticipates the continued use of the operating budget to make improvements such ' as minor equipment (picnic tables, drinking fountains, trash receptacles, etc.) replacement; trail repair and sealcoating; minor shelter building and electrical repairs; landscaping enhancements; minor tennis court rehab; etc. Major improvements such as playground replacement; shelter replacement; replacement of field and trail lights; parking lot improvements; etc. would be financed through the Capital Improvements Fund. ' This plan uses the following principles to establish priorities for improvements: 1. Complete the replacement of playground equipment by 1999. 2. If possible, improve neighborhood arks coincident with neighborhood street and utility P g P g improvements. ' 3. Provide geographic balance in improving arks, so that over a short period of time all P gP P neighborhoods have access to at least one fully improved park. 4. Complete improvements at one Community Park per year. ' 5. If possible, when improving a park complete all improvements comprehensively. For example, complete all playground, shelter, and other large improvements as well as smaller improvements such as replacing picnic tables, trash receptacles, bleachers, and ' drinking fountains, etc., repairing basketball courts, adding landscaping, sealcoating trails, and replacing signs. City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 19 6. Improvements should be made systematically and annually from the Capital ' Improvements Fund and General Fund, rather than periodically by bond issue proceeds. Annual expenditures from the Capital Improvements Fund should not exceed $200,000. These prioritization principles result in a program of seven to eight years of capital improvements. ' This plan does not comprehend adding major new facilities, such as additional lighted ball fields. Addition of new facilities would increase the length of the program. After about year ten, playgrounds, tennis courts, etc. which had been improved in the past several years would start to require ' rehabilitation or replacement, and the cycle would begin again. This plan uses the following principles to establish the types of improvements: 1. Five parks would be-designated Community Parks. These "destination parks" would have larger playgrounds; larger, heated shelter buildings; lighted rinks and ballfields; ' lighted ball fields; and others specialized facilities such as tennis courts or football or P , soccer fields. These parks are: Central /Garden City, Grandview, Evergreen, West ' Palmer, and Kylawn. 2. Neighborhood parks would generally include playgrounds, basketball courts, ball ' diamonds, and picnic shelters and picnic areas. Some parks with traditionally strong hockey and pleasure skating programs would include lighted rinks and smaller warming houses. Parks which would continue to have warming houses would be: Orchard Lane and Northport. As specialized facilities in neighborhood parks would be considered for major capital improvements, the neighborhood, the Park and Recreation Commission, and the Council would review the appropriateness of the facility for the neighborhood and the park before making that investment. 5 Year Improvements 1. Complete the replacement of playground equipment. r 2. Begin the comprehensive improvement of ark facilities. P P P ' 3. Revise recreation programming as improvements are made. 4. Create a winter sports area at the golf course /Lions Park by initiating cross country skiing on the golf course, and sledding /tubing at Lions. i Long Term Improvement 1. Continue the comprehensive improvement of park facilities. City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 20 Table 13 PARK FACILITIES FUTURE MAINTENANCE OR REPLACEMENT NEEDS PARK 5 YEAR LONG TERM Bellvue 1998: replace playground, shelter, lights Monitor, replace as necessary ' Brooklane Monitor, minor improvements through General Fund Review shelter condition Cahlander Monitor, minor improvements through General Fund Centerbrook GC 1999: overlay paths Monitor, replace as necessary ' 2000: replace irrigation system 2001: clubhouse improvements 2002: overlay parking lot ' Central 1999: upgrade trails & ballfields, expand playground, repair tennis Monitor, replace as necessary courts, add concession and storage bldgs Evergreen 1998: replace shelter, lighting, bleachers, add irrigation, pave Monitor, replace as necessary hockey rink Firehouse 2003: replace shelter, lighting, bleachers Monitor, replace as necessary ' Freeway Monitor, minor improvements through General Fund Review shelter, playground condition Garden City 20W: review parking needs, enlarge lot if necessary Monitor, replace as necessary ' Grandview 2003: replace shelter, ballfield/hockey lights, repair tennis courts, Monitor, replace as necessary pave hockey rink Hagel Arboretum Monitor, minor improvements through General Fund Happy Hollow 1998: replace playground Monitor, replace as necessary 1999: replace shelter Kylawn 2002: replace shelter, repair tennis courts, pave hockey rink Monitor, replace as necessary ' Lakeside No improvements Lions 2000: pave Little League area, remove shelter Monitor, replace as necessary ' Marlin Monitor, minor improvements through General Fund Monitor, replace as necessary North Mississippi Hennepin Parks improvements Orchard Lane 2001: replace shelter Monitor, replace as necessary ry Palmer Lake East 1998: replace playground Monitor, replace as necessary 2000: replace shelter I I, ' Palmer Lake 2001: replace shelter, add storage bldg, repair tennis courts, rehab Monitor, replace as necessary West parking lot ' Palmer Lake Cooperative trailhead improvements with Hennepin Parks, such as Monitor, replace as necessary add picnic shelter Riverdale Monitor, minor improvements through General Fund Monitor, replace as necessary, review shelter condition ' Twin Lake Establish purpose of park, identify needs Implement recommendations for improvement ' Wangstad Monitor, minor improvements through General Fund Monitor, replace as necessary Willow Lane 2002: replace shelter, tot lot :Monitor, replace as necessary I City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 21 b. Government Buildings The City owns and operates several major facilities: City Hall and the Community Center (together, the ' Civic Center); the Central Garage; and two fire stations. In addition, the City owns two of the three municipal liquor store buildings. The City also owns and operates the Earle Brown Heritage Center, a convention center and Inn complex developed from several buildings formerly housing the historic ' Earle Brown estate and horse farm. The Central Garage was recently remodeled and expanded and underground storage tanks removed and ' replaced with a new fuel system. Similar improvements to the City Hall and Community Center are under consideration. Proposed funding for the improvements would come from the Capital Improvement Fund. The major facilities improvements in the next years will be the construction of a new public safety facility at Humboldt and 67th Avenues, and the demolition of the west fire station/liquor store and reconstruction of a new wets fire station. The east fire station will be remodeled. A referendum authorizing the sale of $7.9 million of GO bonds to finance the public safety and fire station work was approved in November, 1997. Improvements to the Earle Brown Heritage Center are considered elsewhere and are not comprehended in this study. Proposed major improvements to other facilities to be considered over the next several ' years include: 5 Year Improvements ' 1. Construct a new, larger g r Pub11c Safety building, alleviating severe space shortages and ' providing upgraded facilities. 2. Remodel City Hall to provide for Improved public access and customer service and improved Council Chambers, to meet ADA accessibility requirements, to correct code ' violations, and to upgrade the roof and mechanical systems. 3. Remodel the Community Center with the emphasis on improved accessibility and to ' meet code requirements. 4. Construct a new west fire station and an addition to the east fire station to correct code violations, increase training, storage, and sleeping quarters space, and increase vehicle storage space. Long -term L=rovements 1. Monitor community facility needs. Between 2005 - 2010, begin community discussions ' regarding city hall and community center long -term needs. C. Miscellaneous Equipment The City operates a Central Garage Internal Service Fund, which owns all vehicles and major equipment. The cost of owning (depreciation, license, insurance, overhead) and operating (fuel, ' preventative maintenance and repair) vehicles and equipment is charged back to the departments using the equipment. Replacement of existing equipment is financed from the Fund. The addition of equipment is funded from a variety of sources: the General Fund, enterprise funds, etc. The City's City of Brooklyn Center Capital Improvement Program 1998 -2002 Page 22 policy for the replacement of vehicles and equipment establishes a projected reasonable life cycle for P P J Y each item. Annually, the life cycles are reviewed and updated on the basis of experience or changed ' circumstances. Also, new vehicles and equipment are proposed for addition to existing inventories and replacement schedules when new needs are clearly demonstrated. Vehicles and equipment purchases are generally considered during the annual budget process, and are no longer incorporated into the ' CIP. Routine equipment purchases, such as data processing equipment, are considered through the general ' fund process and the MIS Strategic Plan, and are no longer incorporated into the CIP. However, two major equipment systems are due to be considered for replacement, and are beyond the scope of routine. 5 Year Improvements 1. Replace the City's telephone systems at the Civic Center, Heritage Center, and Garage. ' 2. Replace the City's public safety and public works radio systems. Table 14 ' CAPITAL IMPROVEMENTS FUND 5 YEAR PROJECTED BALANCE 9 ...1....... ......... ...............2ff1 .............QQ :......... Starting $3,799,266 $11,495,075 $2,885,015 $1,019,609 $935,329 $1,011,769 Balance Rev enues Investment interest 208,960 316,110 158,680 56,080 51,440 55,650 Bond proceeds 7,900,000 Bond costs (80,000) ' Golf course loan payments 57,500 50,000 50,000 50,000 50,000 50,000 Liquor store loan payments 26,886 28,830 30,914 24,640 Transfer from GeneraLUquor Fund 100,000 175,000 175,000 175,000 175,000 175,000 ' Expenditures Capital Outlays 343.784 9,180,000 2,280,000 390,000 200,000 170,000 ' Fire trailing facility 25,000 Pool ozonization 38,500 Fire station 110,000 3,490,000 ' Police station 35,000 4,265,000 Building proj contingency 1,000,000 Civic Center impr 1,500,000 Park improvements 215,000 180,000 165,000 200,000 170,000 ' Central Garage impr 125,284 225,000 Equipment/other 10.000 210,000 600,000 Transfer to Sp Assess Constr 173,753 ' Ending $11,495,075 $2,885,015 $1,019,609 $935,329 $1,011,769 $1,122,419 Balance H W ^� F�+� TABLE A - Capital Improvement Program - Detail of Capital Outlays Water Utility Capital Improvements 08- Dec -97 CE ; EXPENDITURES: WATER SUPPLY SYSTEM SCADA Replacement 25,000 200,000 Wellhouse #7 rehab 14,500 Design #4, 5, 6 exterior rehab 30,000 Wellhouse # 4, 5 & 6 exterior rehab 150,000 Wellhouse #3 rehab 17,000 Previous years' projects 280,120 Routine well maintenance 25,000 23,500 25,000 25,000 25,000 25,000 WATER TOWERS Repair Paint on Tower #1 200,000 Repair Paint on Tower #2 210,000 Replace Paint on Tower #3 700,000 Landscape Tower #1 50,000 MISCELLANEOUS Replace Fuel Tanks 21,000 Portable 250 KW generator 70,000 Water system study update 30,000 TOTAL EXPENDITURES $561,120 $1,118,000 $392,000 $25,000 $25,0001 $25,000 FUND SOURCES: Water Utility 561,120 1,118,000 392,000 25,000 25,000 25,000 TOTAL $561,120 $1,118,000 1 $392,0001 $25,000 1 $25,0001 $25,000 Emergency interc nett Wth Brooklyn Park MR '�:,�_'L' .:i c:�:¢�r• ,+ i , ' - _ __+ - i j , � _ ,L; °v=. j��c:�5 t 1 � - - ? 4 73• • ° +,�,,.._ /- .. -._. - ::.,- : 'C Vic:::_ €;~;:'1' R j. - r , r i Si •; ;I- r L.,f..:1«:L.;•:_,.,f,,,x,. ,; - :: {:Y.i ;Sy.::.. ��s� t, -- i :'i -i sJ�- ';:ii -ie _ i.,.r... ,- _..- ..,.rte- ,•.. -_ .._.....___,_.. ..__. _..._ >' .__ -._... _..- , .,_ x -_- ": - j.j�dxj,: •ir _... _ _ ._ _ , .. 'a,..... _.. -�... is _.._ , - 1 r• ...._�__L.....t:. .1 ..,I: 1- : .,...... :. J... ._.LJ.....� -•. 1... i...f 1 .: �... l "'Y - X "� :._ _ _ _ cir - T{r I ta'1'.r cS .;I :. ti�4 �'�•- ',' 1� i i t t_ � _;'_ rr `' J i .. 1 ��. L 1 1 - I 3 _lh �.�, " __ _- - = sir:;,. ': __ �..5 L� -_.r r - :i_t. -,t:.r _ �L'! Ti;� ''i'.. r. '',s....� Ii• ..i' � ir.,.ii::;.'f -:i:: °'`,':i _�_;:''.. , �: !r ,•. IC - : �, Tip��< -- �'•- ln,�:,_' _nY'i�_ - ,�� -..... ._" i - - - `- �t_r��: }'��I�: �� - '.t' r, f; _x: - - ` �c ..t L � r i % t ti Cit O f .. ........ Brooklyn Center Water Utility Facilities CAPITAL IMPROVEMENT PROGRAM 1998 -2002 Engineering Division, 12/97 TABLE B - Capital Improvement Program - Detail of Capital Outlays Sanitary Sewer Utility Capital Improvements 08- Dec -97 1997 'I<9 1999 !Q02 FUNf3 SOURCE EXPENDITURES: All San Sewer Utility LIFT STATIONS INTRAC Replacement 25,000 200,000 Previous years' projects 167,904 Replace Lifts 10& 11 275,000 SEWER REPLACEMENT: Study relocating river line 25,000 Implement river line recommendation 250,000 Actual cost would depend on recommendation MISCELLANEOUS Replace Fuel Tanks 21,000 TOTAL EXPENDITURES $213,904 $225,000 $525,000 so so $o FUND SOURCES: Sanitary Sewer Utility 213,904 225,000 525,000 0 0 0 TOTAL 213 904 S $225,000 $525,000 50 $0 $0 n ' 4 �2 . �:,�,':�p^ I"C.�:�t�+�'r, :• �r.`iL_;t. ., I" t r ��-+�.. __._ '.: tion ft ' { s .-. ra ,.. � [, t � •.y . ! ` . - • t.. _ f Lift : r. t� _ I r ,• sa .1 i s " r ...,.� f -- - } t_ , ... - t --- - - -- :;i - - ter ��` y {...- ,`{;�- r: r ` 1 's '; .r ,,r7 ,-,[. •i; _t. ;s ��! .__� _ "i,'-t'�ii';fa:! ,:.'� `, l %,:,•� '.`.S� _ F t - =i r - t . tr ng �I , i v -t t I :!( '., �4'� - `_1 �F (t'T",�• i't:t g�� __ -tFl 'r .• jj _,.:..1.. .,,.r:.- ....,,- t.._... .,,, t , ,., __ ...: •...:,_._..,,.::..,_;.:__i:'_t - -''fir 4 , ,•. t: , . t....... t ,.., : - .....3 a ..:.e_...: v -•. - _ - - - - (, .mot Ji. i. . ....:..._ r • " - "' -- - - -- ;:', �': - t Ir . / r , r - ''�� r � i t j' ' - �d` - - i/ ,i {:j• - :_ __ [sr = - '�;`_- ;wry' {`c. 4 - - r . _ ij`' - :.j::,_ .r �{'i., .t. 1.7::. to on :r 1 t � r: -[;;-.::;:.�,�::. r.�� t ti n, r - s .._..:..:...._ . t _C, .'ai •. ,.,� - -__, , - _"Ir , .ram ,h:'c�;- s?.f'_ - :.'r•�y - +.: ;. :, . ,bi:: :.t<!,'_:�_:...PT`' - City of Brooklyn Center Sanitary Sewer CAPITAL Facilities IMPROVEMENT PROGRAM 1998 -2002 ' Engineering Division, 12/97 w w w w w w w w� w wl �w w w w wl w w w w TABLE C - Capital Improvement Program - Detail of Capital Outlays Storm Drainage Utility Capital Improvements 08 Dec - 97 197 1908 1999 1 2000 2001 20 FUND SOURCE EXPENDITURES: SYSTEM IMPROVEMENTS Miscellaneous structure irnprovrnents 0 58,000 50,000 50,000 50,000 50,000 All storm drainage utility Previous years' projects (287,480) WATER TREATMENT IMPROVEMENTS Shingle Creek Regional Pond 2,750,000 Not yet established Brooklyn Blvd Redevelopment Pond 250,000 MISCELLANEOUS Complete Phase II Studies 0 0 30,000 Surface Water Study 20,000 20,000 112 SDU, 1/2 Capital Impr Fund TOTAL EXPENDITURES ($267,480)1 $3,078,000 1 $80,000 550,000 $50,000 s5o,000 FUND SOURCES: Storm Drainage Utility (277,480) 68,000 80,000 50,000 50,000 50,000 Capital Improvements Fund 10,000 10,000 TIF 750,000 Other Governments 0 2,250,000 TOTAL ($267,480) $3,078,000 $80,000 $50,000 $50,000 $50,000 uu, n nn ,,,,,, nununl�l- 1::: `innu� " �• i ' � �_ Cpl cult LL ::: _� 111111 �`�� ",?••�,� IO ■ : �� \ 1111■ �. :: :: 7 11111 Ultll \.111111■ � 1i :■: 419 ili Cli'►•` ••'::' •• now 1111 I un4 :Illlllq� ■ .- ...� � . 411uu, 4411116 1 1 11111 n ■11 �r ♦1111141141 n� ■11th `. ..: ■�: 14140■ ■III 11 _ _�. 1111411111111 :i 11111 Id :: • � 1111 1 111■ 1 1 � � °I p uu uunu :• aw uu7 .- pd= •. � IIIIIII! 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Illlllu 11141111 41111111 11111 11111 ,p 111111 a ■11111 1 ' Oultl!U1111111111 11111111 1111 ■ ■■ w � un■■ 1 111111 1 11111 111111 1 IIIIP . ,• IIIIIUI ■lull �� �. . :IIIIIIII 1101111 In11n1 1n11...T.l.... 111111■ 14111 11 roll. 111111 1111111 1111111 ■■ 111u11 4 "4444. .: =11 ■111111111 • -- 11 ••• ••••..... 111111 111 111 111111 +1� . -.nn ' �:r �1: 1 ■ - . 111111: sI ILO 11111141 1141 1 1 1111 ti ' ll uuuu = �"1, IIIIU■ � ■110■ -_r_ 4 111 u1 111 11 lnnmmouul i �i�iu mum ■.Ill: uuu 11111114w 4u ■ ..n 4 u1 �� ul n: ■,1411111 Illlnn, y11111� Iltun InnR� ��111 11111 111111 I l�n�' O W N , � 'IIIIIII =n 1� - _ y �nnu111111�14 Ii14D � � 7� / ■■ ■- m 1 ■ ■1v 1111/11n =_��Ji_ �� f'll'I�11 ■1. *111111 III 11�!1/��114 nnn14■ _ _ � 1 111111 ■ t ills WHIM— TABLE D - Capital Improvement Program - Detail of Capital Outlays Sidewalk and Trail Improvements 08- Dec -97 '1997 119981 1 1999 1 20Qa 20x1 !; 20D2; FUND SOURCE ............... EXPENDITURES: OFF - STREET TRAIL: All Local State Aid Kylawn /Preserve 25,000 Rehab /raise Central Park trails 60,000 Rehab /raise Shingle Creek trails 60,000 ON- STREET TRAIL: Marking and Signage General Fund SIDEWALK: Miscellaneous Repairs 25,000 50,000 25,000 25,000 Repair retaining walls 25,000 25,000 Repair streetscape nodes 50,000 50,000 TOTAL EXPENDITURES $25,000 $150,000 $135,000 $85,000 $0 $25,000 FUND SOURCES: State Aid - Local 25,000 150,000 135,000 85,000 0 25,000 General Fund 0 0 0 0 0 0 TOTAL $25,000 $150,000 $135,000 $85,000 $0 $25,000 R k V EJ y- I At iV -J &� �� il� `t t� #5Fa € #sl ' :t,E.�i r — T Tr U 3"yl M lajjil �W' !v P "MIT ut zq 7 7� I 1 - I `1. -' t -� �5 r y ,T ' � s �r 4Ti 7f.Cf� �r? �r MMMAM CITY OF i Y �(� C' r. . --- -..__. f.,,,, +` a FRIDLEY fi r t ill! 0 LECTED TRAIL LENGTHS. 1 p t WER) �SR� • ; �'T. ' r' T TIT Uj 7 ivic Center to Palmer Lake 1.5km M6 hingle Creek m A (South City Limits to Palmer Lake) almer Lake Loop 4.9km CITY � '�l i i 2-Okm C ntral Park/Garden City Loop CRY If r i TV ON I �� � � � iYa' it - Et,'i ' �' �1 1. j 'A #f CD U - -le a CITY OF BROOKLYN CENTER PEDESTRIAN/BICYCLE TRAILS AND SIDEWALKS " fwffifll— "All-" -1 F 10 1 �a��I� TABLE E - Capital Improvement Program - Detail of Capital Outlays Park Improvements 1997 7 99$ 08-Dec-97 ,— 9 20 00flfl1 2002U[ItD SOURCE EXPENDITURES: Bellvue Shelter, playground, lights, misc 60,000 All Cap Impr Fund Brooklane except as noted Cahlander Central Tennis courts, ball diarnod impr 75,000 Expand playground 25,000 Plaza pond, landscaping impr 50,000 Centerbrook Golf Course Overlay paths 10,000 Golf Course Fund Replace irrigation system 40,000 Golf Course Fund Clubhouse roof 30,000 Golf Course Fund Overlay parking lot 10,000 Golf Course Fund Evergreen Shelter, lighting, misc 100,000 Firehouse Picnic shelter, lighting, misc 40,000 Freeway Garden City Enlarge parking lot, misc 50,000 Grandview Shelter, ball field lights, misc 175,000 Happy Hollow Playground equipment 25,000 Shelter, misc 30,000 Kyla wn Shelter, tennis courts, misc 125,000 Lions Little League paving, misc impr 10,000 Marlin TABLE E - Capital Improvement Program - Detail of Capital Outlays Park Improvements 08- Dec -97 1997 199$ i'9 9 2(100 « >. 2Qf 2.. CC1 C SUURCE Northport Orchard Shelter, rnisc impr 50,000 E Palmer Playground equipment 30,000 Shelter, misc impr 30,000 S Palmer Picnic shelter, misc impr W Palmer Shelter, tennis courts, reconstr parking 150,000 lot, storage, rnisc impr Riverdale Twin Lake Playground, picnic shelter 50,000 Wangstad Playground equipment 25,000 Willow Lane Shelter, misc impr 45,000 TOTAL EXPENDITURES $0 $215,000 $190,000 $205,000 $230,000 $180,000 FUND SOURCES: Capital Impr Fund $0 $215,000 $180,000 $165,000 $200,000 $170,000 Golf Course 0 0 10,000 40,000 30,000 10,000 TOTAL $0 $215,000 $190,000 $205,000 $230,000 $180,000 "r l•: -: .._,�..........- ;_- : +:1 -;; .� Palmer ::.:..:... _ .....; .:: ..�; ..f._ ..i. :::,�i:. <,.x:r _:'_ -' - '• @, ��f'l Everg : r `.7 is - Lake - -, ::�: � .� T �Y' ..._ .,......._ - ns., ,~•tir�M1n Community -�r _E;: Park L� .a. 1 • 1 2 . ,....::....!: -.:� is •. \`. West Palm �. _ ._ - '` fy �. ..�Yt r1.:� �I S . ii ' _ ±- i , Community =;;. ., ( E j r ( - r _ I T Park � •�� � � ._ - -- �, r� :1= .k: r a +.... .,-4 •: -rtr ;:fig ': ;: �_�A��_ \ . „S :.f t i ••fi , r � l 7.1 I lia . Kyla tii" � ;iz :`__. +�: :'< \: 5. �' :_ji....,�_ .C:;.�`':: : '-i - - :4t.,..x >• ..:r -j j. -_ [, - ' '}i,tt'_ -.>: i ,.?<'.�.z i�j J 115 ' �_l •3 9�j(,�'5 �'_l; !:...i- - � - yresr-u':",j y"'� ` I `, ,• f � •,._ n a;.- '�a�i ?�' - - �'L_f...: � :yS.�'"_ _ � }` %fir f r f � i � tl•_ `�!ax- � 7 ':::'�. - ` -r ti... _ ' t _ S. ' � �'irr� f;: ^ � J : i..,= Arboretum - o h r ` s (.: .t.:: Central / :; issippi Community r :- i :.,�_ Garden City Ix' 'onal Park `; r `_Yi k Community : $: -�. Grandview ,} Park :;.:= • r� r L 7 '. ,.; Community Park E , _''y __ ` t -is r :�� r il,'•.i Sr''t .;t�-� r P ,>_$ I I. �:� - +^�.• � r r :�i -i.:: ji: �Lz,• � ° =� RC�.i : �,.: yy :: r ^ `i..:_i;�`!' - - --- -- - •f: l:... `; QS,_d�.�il .L �' _ '.�..' , 0 , •• l/l'3 , City Of Brooklyn Center v. f h CAPITAL Park Facilities IMPROVEMENT ' PROGRAM 1998 -2002 ' Engineering Division, 12/97 M M M IIIIIIIIIIIIIIN M = M IIIIIIIIIIIIIIIN = M TABLE F - Capital Improvement Program - Detail of Capital Outlays Public Building Improvements 10 Dec - 97 99� Q42 FUNQ GUR 1997 '� 988 �flU#� ;20Q't .. . EXPENDITURES: CIVIC CENTER Construct Public Safety facility 4,300,000 GO Bonds Rehabilitate Civic Center 1,500,000 Cap Impr Fund Replace phone systems 200,000 Cap Impr Fund Replace radio system 600,000 Cap Impr Fund CENTRAL GARAGE Replace fuel tanks 125,000 Cap Impr Fund, Utilities Additional Storage 450,000 Cap Impr Fund, Utilities FIRE STATIONS Remodel East Station, construct 3,600,000 GO Bonds New West Station building project contingency 1,000,000 TOTAL EXPENDITURES $125,000 $9,100,000 $2,100,000 $450 ,000 $o $o FUND SOURCES: Capital Improvements Fund 125,000 1,200,000 2,100,000 225,000 0 0 Water Utility 0 0 112,500 0 0 Sanitary Sewer Utility 0 0 112,500 0 0 GO Bonds 0 7,900,000 0 0 0 0 Liquor Fund 0 0 0 0 0 0 TOTAL $125,000 $9,100,000 $2,100,000 $450,000 $0 $0 - r IIIIIIIIIIIIIIfu1111uI1 ° �' :NI/I/// � �� .: �� -^ ° . ai - -�� : ■OO ■ ■If11111BO =■ -� •• � - � : u1�� m w w �_ -_ - •. ■ 1111111 _ _ . �fu uuuunun: - �� � � C �14— ����� : � :_ - � ��u��.� r /IHNt/I � :. -: Ilflllfln :_ -- �. - ■� m nnlnwf- :7 - , ■ 11 • -2 :�:: - / /p 4u W: �' � ii ■nunm 7� �: - :aq,ln: �, � ♦ .. � i_ _ '1 \■ III I•fu111t� n■■■nf ■■ - : _► . - �� : t�ia � �� ,,., . �� �: i :.�.� = : ■..p /I / /II /i1 : ii ■■.a ■1 ■Ia■ i.. it■ i_ __ i,` - � _ � `�'.��� un•• I �il � ►i ♦i:: - u■uulu3 3iuilii■ +� II � 1 U: a1111� Iu► �tullltllll►� : � ►►� ♦�� i :: : -ot.nu■ 3 p °� �n uQL ��Q���tp� ;,•1111111,: - _ - - - °C�_: Du_:7 : C -�_ _ _ \i��i�l: _- - ii �fll Ili► _� __ __ 1 II■�. is 17 t I -�. ,� _- -_ � t\ ► /Illlli� ` I SAFE E i7 ■• :i �" II1���.1'�a- IIl1. ► _I� i • 7�ll�u�t Mi EAST FIRE attuuuuluuua•a•■nf� . as ���_ -� •_ _ - /11I��. ��� ♦ ��� S • : nu■uunnuulu� 1111{II�i1111111111u1.�� - __ :::: _: 4■. �T� ■ 3 ununnnann►_ � a� _ _ _ •�..� - nm..1 ■a.ul ■� i� A {111 ■OI OIIIIIIIIIII/ pl __ __ __ 1111► b �� ■� IRS■ 111 -.. 3 unnnuun ■ ■■ +, �: ttt1116 Olulu11111 3 ♦ �■ �� �� �� f111i� a fb ♦ V� � \ nttnn nn status tnuall� -- 1 \IULt 1111111 \11111 ��i �- a� • ♦� . ` , ► __ __ ■111111 • 1i• ... li_.. � fuuuulut■ aOa Illttttl t1111U11111 _ ���� __ __ a11.a...1I.. 1 .■r_ - .+ -. - i � NI �uH f1t111f� OI __ -_ _- �•• :_= __ _- fff 1.,�- 1 1111111 _ _- __ _ -_ -_ _ -_ -� - � Iau+ " �::: ::: � �Pn ° 3, 3 _ t quw' • a nnnu/rl -Irk � j ` +� � lama: iu i• ■�1.OIa _: -: ::^ �O _�� unnuu111g .�.- IN 3 luulul: _Ind► -- u1Qi\ /� CO ♦♦ : - `uuu.u IOIIIIII_ 3uuI111O 1.a a1IL ...- = .11 :- - - -= =� .I,...... 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TABLE G - Capital Improvement Program - Detail of Capital Outlays Street Improvements 08-Dec-97 2002 FUND SOURCE EXPENDITURES: SIGNALS Replace lamps with LCDs 18,000 25,000 STATE AID STREETS Previou s years' projects 292,871 .- FIanQ-e-AvenUe, 69th to City -Unit 849,539 MSA- Regular 479,012 MSA - Regular MSA -Local (114,726) Local State Aid Water Utility 252,675 Water Utility Sanitary Sewer Utility 113,638 Sanitary Sewer Utility Storm Drainage Utility (37,410) Storm Drainage Utility Special Assessments 156,350 Special Assessments _- Qhn-Martii) /Edrtp,-BtQ-wtLPliv-e 292,500 292,500 MSA - Regular 287,500 287,500 MSA - Regular MSA -Local (201,250) (201,250) Local State Aid Water Utility 2,500 2,500 Water Utility Sanitary Sewer Utility 2,500 2,500 Sanitary Sewer Utility Storm Drainage Utility 0 0 Storm Drainage Utility Special Assessments 201,250 201,250 Special Assessments BrookImB 64th to N City Lir p(1s 600,000 1,899,550 500,000 ROW Acquisition 600,000 LSA Road Construction 599,550 Utilities, Sp Assess, MSA Lighting, Landscaping 1,300,000 500,000 TIF, Local SA, ISTEA --Fra Av-Qnu-e-5Q1 t to 53rd 585,000 MSA- Regular 350,000 MSA - Regular MSA -Local (63,000) Local State Aid Water Utility 20,000 Water Utility Sanitary Sewer Utility 80,000 Sanitary Sewer Utility Storm Drainage Utility 63,000 Storm Drainage Utility Special Assessments 135,000 Special Assessments TABLE G - Capital Improvement Program - Detail of Capital Outlays Street Improvements 08 Dec - 97 ...... . 1997 1998 1!89;QaQ . :. !Q1 2Q FUt1t0 SOURCE 53rd_Erai1cg_Aycnuu trt 55th 585,000 MSA- Regular 350,000 MSA - Regular MSA -Local (63,000) Local State Aid Water Utility 20,000 Water Utility Sanitary Sewer Utility 80,000 Sanitary Sewer Utility Storm Drainage Utility 63,000 Storm Drainage Utility Special Assessments 135,000 Special Assessments COMMERCIAL STREETS James /67th 547,000 70 % Special assessmnts, Lee /68th 420,000 30% LSA Earle Brown Dr N of Summit, M &O 48th Avenue reconstruction NEIGHBORHOOD STREETS Orc h.dr_cLYYg5.t Sp Assess Constr Fund 415,040 MSA - Regular 0 MSA -Local 51,420 Water Utility 955,863 Sanitary Sewer Utility 620,277 Storm Drainage Utility 257,966 Street Assessments 1,037,402 Storm Drainage Assessments 337,863 )3cI IY ll @_Ngjgh�QLl144� Sp Assess Constr Fund 355,000 MSA - Regular 160,000 MSA -Local 20,000 Water Utility 550,000 Sanitary Sewer Utility 300,000 Storm Drainage Utilty 665,000 Street Assessments 330,000 Storm Drainage Assessments 110,000 TABLE G - Capital Improvement Program - Detail of Capital Outlays Street Improvements 08- Dec 97 1997 .. 7 $ 1999 2:000 2001 FUND SOURCE �t— A1'�I�leighbQr io45� Sp Assess Constr Fund 295,000 MSA- Regular MSA -Local Water Utility 130,000 Sanitary Sewer Utility 130,000 Storm Drainage Utilty 40,000 Street Assessments 150,000 Storm Drainage Assessments 60,000 idumbQldt Gateway ? Sp Assess Constr Fund 524,500 MSA - Regular 120,000 MSA -Local (100,000) Water Utility 471,250 Sanitary Sewer Utility 377,000 Storm Drainage Utilty 188,750 Street Assessments 795,000 Storm Drainage Assessments 262,500 G rrdden -City Cgrltral Sp Assess Constr Fund 376,440 MSA - Regular 133,000 MSA -Local (66,060) Water Utility 431,250 Sanitary Sewer Utility 345,000 Storm Drainage Utilty 1 51 ,870 Street Assessments 814,120 Storm Drainage Assessments 279,380 Qor _dtn _C_ity_.North Sp Assess Constr Fund 482,300 MSA - Regular MSA -Local 50,000 Water Utility 423,800 Sanitary Sewer Utility 358,600 Storm Drainage Utilty 179,100 Street Assessments 691,300 Storm Drainage Assessments 244,200 TABLE G - Capital Improvement Program - Detail of Capital Outlays Street Improvements 08- Dec -97 1997 . 1999 2000 2001 AO FUND SOURCE T_dt19!gio Wn__$_ou lh Sp Assess Constr Fund 196,760 MSA- Regular MSA -Local Water Utility 324,000 Sanitary Sewer Utility 216,000 Storm Drainage Utilty 115,830 Street Assessments 469,240 Storm Drainage Assessments 1 36,1 70 _G dQtiQt"Qutb Sp Assess Constr Fund 491,000 MSA - Regular 260,000 MSA -Local (208,160) Water Utility 432,200 Sanitary Sewer Utility 377,600 Storm Drainage Utilty 123,450 Street Assessments 727,254 Stone Drainage Assessments 258,750 ENHANCEMENTS Southeast Neighborhood Loop 75,000 Local State Aid Xerxes Avenue Streetscape 100,000 Local State Aid BCIP Streetscape 250,000 TIF TOTAL EXPENDITURES $4,818,241 $4,572,500 $3,631,500 $4,464,550 $3,514,300 $4,755,094 III w w w w ww w w w w ww w w■ Iw w w w ww w w TABLE G - Capital Improvement Program - Detail of Capital Outlays Street Improvements �. 08- Dec - 97 7997 9 8 1 �� 2QaQ :::;> OQ7 2002 FUND SOURCE FUND SOURCES: MSA - Regular 771,883 447,500 407,500 133,000 350,000 610,000 MSA - Local (63,306) 126,850 398,750 638,190 (13,000) (271,160) Water Utility 1,208,538 682,500 473,750 500,350 443,800 776,200 Sanitary Sewer Utility 733,915 432,500 379,500 398,100 438,600 673,600 Storm Drainage Utility 220,556 705,000 188,750 282,570 242,100 302,280 Special Assessments: Streets 1,193,752 1,358,1 50 996,250 1,1 64,1 20 826,300 1,331,494 Special Assessments: Storm Dr 337,863 170,000 262,500 279,380 244,200 394,920 Sp Assess Constr Fund 415,040 650,000 524,500 376,440 482,300 687,760 TIF 0 0 0 442,400 250,000 250,000 Other Governments I 1 1 250,000 1 250,000 TOTAL $4,818,241 1 $4,572,500 1 $3,631,500 1 $4,464,550 1 $3,514,300 1 $4,755,094 / uuuuuw uuuum -- -u ►Ill/ 1 -_ :'1111111,' �_'?::■■u■ uuunpu /• _ I i s 111- - __ 11111 ■11 111 1,• a 11 111; /— .� __ • �-r111 .1111 11 1■■n11: �.� / . �- _ ••11NI / / /111111► � : 1111111111: _ 1 ■■ ■P IIIIIIInP �; : __ _ \- ► "; ' _ � � .i .Ill: C i �� = • 1'- �1 : •■ - - -_ - '. i. �� : :In1• I /II /I � - torn ■1 ■r iri iH �: �� �_� � \. ,.�.. ,•. - p _. �. r ... _ . .♦ , /h . nn■nn■ o■ na .- -. it _ .. 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N UN tar -■ = a[ p si 'i 'li`_ I uuu ►: �p r� . � X 111111 ■ ►��i ■ _`O /�� i. a. ■' �•••_ - _m n 7� r auuu ►{ \1�• _ `i 1: ismunm1111s 1. • \� /111111115 07 =�_ �iuuu - ulli -- ■ , aib 1111111111111 is �:- �� �� �� Ill /��Ill! /I_I / 1 I. = v ia g- ■' � ' � 111 ••• -• '•' it 11 - .•. -. sou �-':; "•• r A l - .. Wit l z Ali r i`' . � " }����'� r •J '.!• 'ff 1 ' l �: 1 , ^ `' i ' � �l��t TTiGIr�,yYf�,b,� • ; ;� , _ � `e , t � r' _.,a � : s 1 :� '•}l�l'yi r Vin' � , W t 04 Xi , Ve AN Po VI UIA- �,-, � �'^ ti . + .. K / /� r/'7 J J ' � , 0.y�"ry ' • f d '` '}d � *`: d � , *' '��''.,. t ,x � y q. a � y - � . t r- • _ a Ste!' 5 ,� ., y A '� 1 ` " 7 ' "may � :r M1f �. ae. v I' • a r'.9j .• �1 . t• rn �{ 'i.' ..5� Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION REGARDING WEST FIRE STATION CONSTRUCTION AND REVIEW OF LIQUOR STORE OPERATIONS WHEREAS, the City Council has reviewed the proposed fire station reconstruction at 63rd Avenue North and Brooklyn Boulevard; and WHEREAS, in connection with that review it appears that it would be more prudent and effective to construct a freestanding fire station at 63rd Avenue North and Brooklyn Boulevard and to relocate the liquor operations at 63rd Avenue North and Brooklyn Boulevard to another location rather than combining both operations in one building; and WHEREAS, combining liquor and fire would continue a situation where decisions regarding building layout and access for both fire and liquor operations would be compromised by virtue of being co- located; and WHEREAS, the City Council has received a study making recommendations regarding future locations and decisions regarding liquor store operations; and • WHEREAS, the City ouncil with City staff, will be reviewing those options. tY tY g P NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City staff be and hereby are directed to plan for the reconstruction of a freestanding fire facility at 63rd Avenue North and Brooklyn Boulevard, which freestanding facility shall not include liquor store operations. BE IT FURTHER RESOLVED that City staff continue to look at alternate sites and proposals for the location of City liquor operations in connection with the Council's review of the recently received liquor store study. Date Mayor ATTEST: City 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.